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HomeMy WebLinkAboutMINUTES - 05251993 - 1.34 1 _34 TO: BOARD OF SUPERVISORS SE L Contra Phil Batchelor, County Administrator -'" FROM: .�• Costa County DATE:. May 20, 1993 cup.. SUBJECT: RESOLUTION SUPPORTING FEDERAL LEGISLATION WHICH WOULD PROHIBIT THE PASSAGE OF UNFUNDED FEDERAL MANDATE LEGISLATION SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1 . ADOPT the attached Resolution which would support any and all federal legislation which would end the practice of imposing Federal mandates on state or local governments and ensure that the Federal Government pays the costs incurred by those governments in complying with certain requirements under Federal Statutes and regulations . 2 . DIRECT the County Administrator to furnish copies of the attached Resolution to the members of this County' s Congressional Delegation and Congressman Gary Condit of Modesto. 3 . AUTHORIZE the Chairman to sign a letter to the Sacramento County Board of Supervisors advising them of this Board' s action. BACKGROUND: Recently- the Sacramento. County Board of Supervisors adopted a Resolution supporting proposed legislation by Congressman Gary Condit which would specify that any requirement under a Federal Statute or regulation that a State or local government conduct an activity ( including a requirement that a government meet national standards in providing a service) shall apply to the government only if all funds necessary to pay the direct costs incurred by the government in conducting the activity are provided by the Federal Government. CONTINUED ON ATTACHMENT: —4.--/YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE K APPROVE OTHER SIGNATURE S: 6&w (� ACTION OF BOARD ON May 25, 1993 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE r UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. MAY 2 5 1993 ATTESTED Contact:County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF CC: Members, .Congressional Delegation (Via CA(9E)RVISORSAND COUNTY ADMINISTRATOR Congressman Gary Condit (Via CAO) .Steve Swendiman, Executive Director, CSAC BY DEPUTY -2- Supervisor Torlakson has asked that we place this Resolution on the agenda for consideration by the Board of Supervisors . The correspondence received from Sacramento County is attached for the Board' s information. Passage and enforcement of legislation along these lines would certainly relieve enormous future financial burdens on State and local governments and therefore deserves to be supported by the Board of Supervisors . IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Supporting Federal ) Legislation to Abolish Unfunded ) RESOLUTION NO. 93/ 281 Federal Mandates ) WHEREAS, the Federal Government has consistently passed legislation which mandates activities or responsibilities on Contra Costa County and other local government entities; and, WHEREAS, these mandates frequently result in new programs or requirements with substantial costs; and, WHEREAS, the costs of these mandates are, in the absence of federal appropriations to implement the mandates, shifted to state or local government without any long or short-term reimbursements; and, WHEREAS, these unfunded mandates result in a substantial financial burden on Contra Costa County and result in the inability of Contra Costa County to provide basic local government services to its citizens; NOW, THEREFORE, BE IT BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA RESOLVED: that the Board of Supervisors supports the proposed Federal legislation which is being sponsored by Congressman Gary Condit as well as any other similar legislation which may be introduced which would end the practice of imposing Federal mandates on state or local governments and ensure that the Federal Government pays the costs incurred by those governments in complying with certain requirements under Federal Statutes and regulations, and BE IT FURTHER RESOLVED: that the County Administrator provide a copy of this Resolution to Congressman Condit and each member of this County' s Congressional Delegation. PASSED and ADOPTED by unanimous vote of the Board on the 25th day of May, 1993 . I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of the Board of Supervisors on the date aforesaid. Witness my hand and the seal of the Board of Supervisors affixed this 25th day of May, 1993 . Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By eputy C r RESOLUTION NO. 93/281 CHAIRMAN BOARD OF SUPERVISORS GRANTLAND JOHNSON SUPERVISOR, FIRST DISTRICT COUNTY OF SACRAMENTO (916) (916)440-5485 700 H STREET, SUITE 2450 • SACRAMENTO, CA 95814 FAX(916)440-7593 March 3 , 1993 To: Chairpersons, County Boards of Supervisors From: GRANTLAND JOHNSON, Chairman Sacramento County Board of Supervisors Subject: FEDERAL AND STATE MANDATES On February 23, 1993, the Sacramento County Board of Supervisors adopted two resolutions supporting legislation to require the federal and state governments to completely finance any local mandates. I am enclosing copies of those resolutions for your information and consideration. t , GRANTLAND JOHNSON, Chairman Board of Supervisors GJ/BS:gp cc: Steve Swendiman, Executive Director California State Association of Counties Enclosures c w 26 COUNTY OF SACRAMENTO CALIFORNIA FOR THE AGENDA OF: February 23 , 1993 APPROVED To: Board of Supervisors BY RESOLUTION BOARD OF SUPERVISORS From: County Executive's Office FEB 2 3 1993 Subject: FEDERAL AND STATE MANDATES °per i o the Board RECOMMENDATIONS: That the Board of Supervisors approve the two attached resolutions which would demonstrate the desire of Sacramento County Supervisors that both Federal and State Governments be required to completely finance any local mandates. SUMMARY: Recently, Supervisor Toby Johnson forwarded to my office the attached letter he received from Congressman Gary Condit of Modesto asking for support of a House bill he wishes to sponsor which would require the Federal Government to finance any state or local mandates that it enacts. Supervisor T. Johnson asked for my recommendations on this matter, and I suggest your Board adopt the attached resolution which supports Congressman Condit's legislation and forward that resolution to the Congressman, as well as to other local Congressional Representatives and our two f=ederal Senators. In addition, I recommend your Board adopt a similar resolution asking our state representatives to propose a similar bill for unfunded state mandates. ANALYSIS: While the problem of unfunded mandates in Sacramento is mainly one associated with the State, the Federal Government also contributes to our fiscal malaise by passing laws which substantially impact local governments without providing financial support for such ventures. A current example is the recently passed Americans with Disabilities Act (1990). This law will result in millions of dollars in capital costs if Sacramento County is to comply (e.g., it will cost over $4 million to bring the County Courthouse into compliance, and this is simply one FEDERAL AND STATE MANDATES Page 2 building!). The Federal Government has not provided any financial relief for this type of action. While T support the intent of the law, little to no thought regarding the fiscal impacts on local governments was made. In addition, President Clinton is contemplating supporting the "motor-voter" bill which, if passed, would result in automatic voter registration when a person registers their vehicle. While beneficial in registering new voters, the bill as drafted would result in hundreds of thousands of dollars in new direct county costs. Currently, there is no intention to backfill the local governments for these costs, although Registrar. of..Voters Ernest Hawkins is lobbying the Clinton Administration very hard to include such funding. Still, while 1 support easier registration and more full participation in the election process, the dollars to fund these efforts must come from other places than local government. This type of mandated cost must stop if local governments are ever to regain any control over their fiscal resources. While federal mandates are very problematic, they are only the tip of the iceberg compared with the unfunded state mandates. As your Board is well aware, these mandates are at the heart of our current budget crisis. Unfortunately, while we, and other counties, continue to loudly oppose these mandates, the State continues to exacerbate the problem. Given this, I suggest that your Board also pass a similar resolution which expresses a desire on the part of the Board of Supervisors that the State pass similar legislation. We should then forward this resolution.to our local delegation as well as the Governor's Office. While it may fall on deaf ears, we must continue to educate the State Legislature of our plight and demand that the State not balance its budget on the backs of local government. Maybe the recent struggle that Governor Wilson has been waging with the Federal Government for additional funding for services to illegal immigrants will make him more sensitive to our similar complaints of unfunded state mandates. Respectfully submitted, BOB SMITH County Executive PJH:dw Attachments (w:\agenda\mandates.bdm) 1_ • RESOLUTION NO. 93-0239 WHEREAS, the Federal Government has consistently passed legislation which mandates activities or responsibilities to Sacramento County and other local government entities; and, WHEREAS, these mandates frequently result in new programs or requirements with substantial costs; and, WHEREAS, the costs of these mandates are, in the absence of federal appropriations to implement the mandates, shifted to state or local government without any long- or short-term reimbursements; and, WHEREAS, these unfunded mandates result in a substantial financial burdens on Sacramento County and result in an inability of Sacramento County to provide basic local governments services to its citizens. THEREFORE, BE IT RESOLVED that the Board of Supervisors supports the proposed Federal legislation which is being sponsored by Congressman Gary Condit which would end the practice of imposing Federal mandates on state or local governments and ensure that the Federal Government pays the costs incurred by those governments -in complying with certain requirements under Federal Statutes and regulations. On - a . motion by Supervisor M. Johnson seconded by : Supervisor the foregoing resolution was passed and adopted by the Board of Supervisors of the County of Sacramento, State of California, this 23rd day of February , 19 93 , by the following vote,-to wit: AYES: Supervisors , Cox, M. Johnson, T. Johnson, G. Johnson NOES: Supervisors , None ABSENT: Supervisors , Collin ` ChairnYan bf the Board of Supe iisors 'l of Sacramento County California I '� ( A rL ) 1 ii:'co:C:cars; yc::ca25iO3c';.`.cG-cerrrep.!Odeot :a Sta! at CC',m ma:copy at,n:;(tacumeat hu tw'en zfi;:eionaao'the Baud at.aemscr..fourty Sx:amenh an f 4 y i;,ATTES-f:;t.. p FEB 2 3 1993 .gel rk of oard of Su erviso L E D ier 2 n Q CrQR FEB tiS edmnn.res) t EB 2 3 1993 By • e f T�;.Jt!Certs,&)ti:i ar Sly?•'::fNF ` BO-Ao. FFA �RYE20 S PIK OF TlirE )'06PL; RESOLUTION NO. 93-0240 WHEREAS, the State Government has consistently passed legislation which mandates activities or responsibilities to Sacramento County and other local government entities; and, WHEREAS, these mandates frequently result in new programs or requirements with substantial costs; and, WHEREAS, the costs of these mandates are, in the absence of state appropriations to implement the mandates, shifted to local government without any long- or short-term reimbursements; and, WHEREAS, these unfunded mandates result in a substantial financial burdens on Sacramento County and result in an inability of Sacramento County to provide basic local governments services to its citizens; and, WHEREAS, equal protection should be recognized by the State in that they are currently claiming that the Federal Government is acting irresponsibly by not funding mandated services to illegal immigrants while they practice similar treatment in state mandates to local governments. THEREFORE, BE IT RESOLVED that the Board of Supervisors supports state legislation being introduced would end the practice of imposing state. mandates on local governments and ensure that the State pays the costs incurred by those governments in complying with certain requirements under state statutes and regulations. On a motion by Supervisor M. Johnson seconded by Supervisor Cox the foregoing resolution was passed and adopted by the Board of Supervisors of the County of Sacramento, State of California, this 23,rd day of February , 19 93 , by the following vote, to wit: AYES: Supervisors , Cox, M. Johnson, T. Johnson, G. Johnson NOES: Supervisors , None ABSENT: Supervisors , Collin O� Chairman of the Board of Supervisors of Sacramento County California Ct twi de.ument h.s Leen ( Il rS� : till :e iita>ti�uei nr,etthe2ardct r�ervnar..CwmtY �'.A 1 :-7 ct s-cantenD an FEB 2 3 1953 =�_, � '`��•;jT rk of Board of Supe rs (wAagenda\stnteman.rcs) FEB 2 31993 By o-rK'tr Cerk.�'+o!S�`ry nes • ARD Of SUKRYISCIRS BY �t.F_ COF THE B ;br GARY A. CONDIT1 1529 LONGWORTH BUILDING 15TH DISTRICT,CALIFORNIA WASHINGTON,Q021 ASHt12021 225-613 5 5 15 DISTRICT OFFICES. COMMITTEE ON AGRICULTURE FEDERAL BUILDING SUBCOMMITTEE ON 415 WEST 18TH STREET COTTON,RICE,AND SUGARMERCED.CA 95340 SUBCOMMITTEE ON Congregg of the 10ttiteb ta�teg . (209)383-4455 LIVESTOCK,DAIRY,AND POULTRY �L y� 920 137H STREET cuge of ReprMentatlbe� MODESTO.CA 95354 9B COMMITTEE ON f2o91527-t9 t4 GOVERNMENT OPERATIONS agfjinQton, IBC 20515-0515 'TOL°FREE`T SUBCOMMITTEE ON (� L 1-800-356-6424 GOVERNMENT INFORMATION. JUSTICE,AND AGRICULTURE NOV 0 5 1992 SUBCOMMITTEE ON GOVERNMENT ACTIVITIES November 3, 1992 AND TRANSPORTATION ,A r.nn(1C CI I-- The Honorable Toby Johnson Chairperson Sacramento County Board of Supervisors 700 H Street, Suite 2450 Sacramento, California 95814 Dear Chairperson: I am writing to you to ask for your assistance in putting an end to unfunded federal mandates on local and state governments. During the last session of Congress, .I made an attempt to amend the Voting Rights Language Assistance Act of 1992 so that the federal government would pay for the added costs incurred' by local governments for implementation of this law. This amendment was defeated by•'only 2 votes on the House floor. During a mark-up on August 11, 1992 the Chairman of. the House Committee on Government Operations, Representa- tive Conyers. (D-MI) , agreed to work with me on this issue. As you know, this Committee has jurisdiction over federal mandates. I have enclosed a draft of proposed legislation which would require the federal government finance any state and local government mandates it enacts. We need to take immediate action to ensure that the federal government does not continue to put additional unfunded mandates on state and local governments. We also need hard data on the cost of existing federal mandat—as on local and stcL. governments SO that we can demonstrate to Congress and the Administration the magnitude of the problem. If we are going to succeed in this effort, we need your support. I urge you to adopt a resolution. supporting an end to unfunded federal mandates On loeal and state governments and to assess the fiscal impact of existing federal mandates on your jurisdiction -- how much they cost and the amount and source of revenue that needs to be raised .. to offset them. THIS STATIONERY PRINTED ON PAPER MADE OF RECYCLED FIBERS The Honorable Toby Johnson November 3, 1992 Page 2 I look forward to hearing from you in the very near future on this issue of importance to the cities and counties of California. I would also appreciate your comments on the enclosed draft copy of my legislation. Please feel free to telephone me if you would like to discuss this matter with me directly. sincerely, GARY A. CONDIT Member of Congress GAC/jm FAM\CONDIT\CONDIT.011 IDWaunion Draft] H.L.C. [DISCUSSION DRAFT] OCTOBER 30, 1992 103D CONGRESS 1sT kssiov H. Re ...�.. INT THE HOUSE OF REFRESENTATBTES Mr. CON= introduced the Mm*bill; which was referred to the Committee on A BILL To end the practice of imposing unfunded Federal mandates on State and local governments and to ensure that the Federal Gcn ernment pars the coats incurred by those governments in complying with certain requirements under Federal statutes and regulations. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 BEC77ON 1. sHORT TITLE. 4 This Act may be cited as the "Federal Mandate Re- 5 lief Act of 1993". FAM\CONDIT\CONDIT.011 [Discussion Draft] E.L.C. 2 1 BEC. Q. FINDINGS AND PURPOSE. 2 (a) FMINas.—The Congress' finds and declares 3 that--- 4 (1) unfunded Federal mandates on State and 5 local governments have become increasingly exten- 6 sive in recent years; 7 (2) such mandates have, in many instances, 8 added to growing deficits in State and local budgets 9 and have resulted in the need for State and local 10 governments to increase revenue or curtail services; 11 and 12 (3) such excessive fiscal burdens on State and 13 local governments have undermined, in many in- 14 stances, the ability of State and local governments 15 to achieve their responsibilities under ►state and local 16 law. 17 (b) Ft7 CSE.--.-The purpose of thin Act is to a+sswe 18 that the Federal Government pays the total amount of di- 19 rect costs incurred by State and local governments in eom- 20 plying with certain requirements which tat effect on or 21 after the date of the enactment of this Act under a Fed- 22 oral statute or regulation. 23 SEC. s.FEDERAL FUNDING REQUII NT. 24 (a) IN GW ERAL.--Notwithstanding any other provi- 25 sion of law, any requirement under a Federal statute or 26 regulation that a State or local government conduct an F:\M\CONDIT\CONDIT.0ll (DimLedon Draft) H.L.C. 3 ' 1 activity (including a requirement that a government meet ...2 national:,standards in pr(n iding a ser«ce) shall apply to 3 the government only if all funds necessary to pay the di- 4 rect costs incurred by the government in conducting the S activity are pro«ded by the Federal Government. 6 (b) APPziCaTIm--This section shall apply only to 7 requirements which take effect on or after the date of the S enactment of this Act.