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STRENGTHENING THE UNFUNDED MANDATES REFORM ACT
WHEREAS, federal legislation and regulations continue to impose
enormous financial burdens on U.S. cities, which is particularly
problematic in a time of great fiscal crisis for state and local
governments; and
WHEREAS, the 1995 Unfunded Mandates Reform Act (UMRA)was an
important first step in making federal lawmakers and agencies
aware of the impact of unfunded mandates on state and local
governments, it has only slowed, but not stopped this
imposition; and
WHEREAS, UMRA’s definition of mandates is excessively narrow and
its cost threshold unrealistically high, making it ineffective
in preventing the ever rising cost of unfunded mandates; and
WHERAS, UMRA does not adequately address the various forms that
mandates take – unfunded mandates, underfunded mandates,
unreasonable grant requirements, preemption of local authority –
preventing it from accomplishing its purpose; and
WHEREAS, U.S. Mayors believe that the federal government should
provide adequate funding for its mandates, not force localities
to sacrifice provision of services and reasonable local tax
rates in order to comply with federal mandates; and
WHEREAS, federal mandates preempt local authority by replacing
local goals with federal priorities and preventing local
governments from determining the best way to meet their
citizen’s needs and spend their local tax dollars; and
WHEREAS, unfunded mandates erode the federalist tradition and
deference to local authority that are central to the American
tradition of governance,
NOW, THEREFORE, BE IT RESOLVED, that The United States
Conference of Mayors urges the federal and state governments to
broaden the definition of a mandate to include recognized cost
shifts that do not fall within the current strict definition and
high cost threshold; and
BE IT FURTHER RESOLVED, that The United States Conference of
Mayors calls on Congress to strengthen the enforcement
mechanisms in the legislative process to prevent the imposition
of new unfunded mandates without a super majority vote in both
the house and senate; and
BE IT FURTHER RESOLVED, that The United States Conference of
Mayors calls on Congress to strengthen the enforcement
mechanisms in the agency rulemaking process to prevent the
imposition of new unfunded mandates without the appropriate
level of scrutiny; and
BE IT FURTHER RESOLVED, that The United States Conference of
Mayors encourages Congress to enhance the consultation and
cooperation by federal agencies with state and local officials
on the projected intergovernmental costs of a mandate; and
BE IT FURTHER RESOLVED, that The United States Conference of
Mayors urges Congress to create a mechanism to identify the
actual costs for state and local governments to comply with
mandates after they have been imposed.
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