The Advisory Commission on Intergovernmental Relations (ACIR) has launched a comprehensive review of existing federal mandates on state and local governments, as directed by the Unfunded Mandate Reform Act of 1995 (P.L. 104-04).

In the first such comprehensive study ever undertaken on all federal mandates, ACIR will make recommendations to the President and Congress regarding potential retention, modification, suspension, or termination of specific existing federal statutes and regulations. Over the next year, the Commission will issue recommendations for public review and comment, and hold public hearings on federal mandates. The final report and recommendations will be submitted in March 1996.

In addition to the existing federal mandate review, P.L. 104-04 requires ACIR to review the role of state mandates on local governments; report annually on judicially created federal mandates; and conduct a feasibility study of methods for calculating the costs and benefits of existing federal mandates.

Former Mississippi Governor William Winter, chairman of ACIR, has appointed and will chair a Mandates Committee to guide the Commission's work on these studies. Representing Illinois on the committee is Cook County Board President John H. Stroger, Jr.

According to ACIR Executive Director Bill Davis, "the Commission is seeking active participation in the mandates review by local, state, and federal legislative and executive officials; and private sector groups and individuals, in carrying out its responsibilities under the provisions of the new law."

The first step will be to establish criteria for evaluating existing mandates. Proposed criteria are to be published in the Federal Register for public review and comment by May 22, with final criteria to be issued on July 6, 1995.

"We are especially eager to hear from state and local officials within the next few weeks on specific criteria we should be using to evaluate existing mandates," said Davis. The Unfunded Mandate Relief Act requires

ACIR to look specifically at how statutes and/or regulations can be amended to:

Allow greater flexibility for state and local governments in complying with specific federal mandates;
Reconcile federal mandates that impose contradictory or inconsistent requirements;
Terminate federal mandates that are duplicative, obsolete, or lacking in practical utility;
Suspend temporarily federal mandates that are not vital to public health and safety;
Consolidate or simplify mandates to reduce duplication and aid in compliance;
Establish common definitions or standards to be used in complying with federal mandates; and
Decrease negative impacts of mandate relief for governments on the private sector and evaluate applying such relief to private sector entities.

The definition of federal mandate in the law is "any provision in a statute or regulation or any Federal court ruling that imposes an enforceable duty upon state, local, or tribal governments, including a condition of Federal assistance or a duty arising from participation in a voluntary Federal program."

The law requires that ACIR give highest priority to federal mandates that are the subject of current judicial proceedings, such as the Brady Bill, the Motor Voter Law, and vehicle emissions testing. ACIR is seeking recommendations from state and local officials as to which mandates should be included for priority attention.

ACIR plans to convene broad-based working groups to assist in evaluating existing mandates. Groups will include federal department and agency representatives, associations, individual governors and state legislators, county and city officials, congressional commit-

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tee staff, private sector groups, and individuals from universities and research organizations. Each group will be assigned a list of federal statutes from the mandates inventory published by the National Conference of State Legislatures.

The act also requires ACIR to undertake a separate investigation of the role of unfunded State mandates on local governments. This report does not require recommendations.

The law defines state mandates as "any provision in a State statute or regulation that imposes an enforceable duty on local governments, the private sector, or individuals, including a condition of State assistance or a duty arising from participation in a voluntary State program."

In addition, ACIR is directed to prepare a report, by July 1995, describing federal court decisions in Calendar Year 1994 in which a state, local or tribal government was required to "undertake responsibilities or activities, beyond those such government would otherwise have undertaken, to comply with Federal statutes and regulations." Beginning in 1996, ACIR is required to make this report annually by March 15 on cases decided in the preceding year.

Finally, ACIR is required "to examine the measurement and definition issues involved in calculating the total costs and benefits to State local, and tribal governments of compliance with Federal laws." The study is to report, by September 1996, on (1) the feasibility of measuring direct and indirect costs and benefits of mandates and (2) how to measure direct and indirect benefits of federal financial assistance and tax benefits to state, local, and tribal governments.

Suggestions and inquiries about ACIR's federal mandates review should be directed to Bill Davis, ACIR Executive Director (202) 653-5143. ACIR, 800 K Street, NW, Suite 450 South, Washington, DC 20575.

Page 22 / Illinois Municipal Review / May 1995