Unfunded Mandates Hit Counties Right in the Pocket

Written by Roberta Biros

Like many counties in the state of Pennsylvania, Mercer County is in a real bind. According to an article in The Herald [READ HERE], only $22 million of the County’s $67 million budget is paid with County taxes. The rest of the budget is supported with pass-through funds from the State that are intended to cover many State mandates. Counties are REQUIRED to provide these mandated services. In turn, the State “promises” to pay for some (but not all) of these mandates. The State continues to require more services from the Counties, but they aren’t holding up their end of the bargain.

There are “funded” and there are “unfunded” or “under-funded” mandates. An Unfunded mandate (and “under-funded” mandate) is a statute or regulation that requires a political subdivision to perform certain actions, yet provides no money (or partial money) for fulfilling the requirements. In the end, local taxpayers end up footing the bill for the cost to comply with state laws. In the case of funded mandates, the state funds all of the costs for the required services, but history has shown the state doesn’t always pay its bills.

One example that was sited in The Herald is in the case of Children and Youth Services. Mercer County will receive “more than $400,000 less than expected and the County will have to make up the difference”. In this case, Mercer County is required to provide the services, but the State will be not be holding up its end of the bargain by providing the supporting funds.

The examples of funded and under-funded mandates are numerous, but I’d like to site one example that is a particular favorite of mine . . .

Prior to 2006, Mercer County budgeted and paid for a “part-time” District Attorney (at a cost of about $75,000 annually). In 2006, the State mandated that all Counties have a “full-time” District Attorney in place. At the time of the mandate, the State agreed to pay for 65% of the cost of the District Attorney salary. Based on 2006 salaries, the amount to be received from the State by Mercer County was about $98,205. In a discussion that I had with County Commissioner John Lechner back in December, the County has not been receiving those monies as promised. Commissioner Lechner went as far as to say that County Commissioners across the State were considering legal action to recoup the unpaid funds from the State.

The problem of unfunded (and under-funded) mandates is HUGE . . . especially at the County level. This problem is finally receiving attention from lawmakers in Harrisburg. State Rep. Mike Peifer (R-Pike County) has introduced legislation to put a stop to unfunded mandates. Rep. Peifer even uses the cost of his County’s DA as an example of the problem. In an article in the Pocono News [READ HERE], other examples of unfunded mandates include:

• The payment of prevailing wage to construction workers on many public projects, and as a result of litigation in recent years, maintenance workers as well.
• Stormwater management regulations.
• The state recycling law that requires certain municipalities to implement and maintain recycling programs.
• A requirement that legal notices and advertisements be published in “newspapers of general circulation.”

The proposed legislation [House Bill 1377 – read the full text of the bill HERE] amends the Pennsylvania State Constitution to prohibit state mandates. To quote the Bill directly:

The General Assembly shall not enact any law that will result in an increase in costs to a county, city, borough, incorporated town, township, school district or vocational school district unless the General Assembly provides an appropriation in an amount at least equal to the amount necessary to pay in full any additional costs of compliance on the part of the county, city, borough, incorporated town, township, school district or vocational school district.

While the legislation is absolutely necessary, it has an uphill battle on its way to passage. It seems that any legislation amending the State Constitution must be passed in two consecutive legislative sessions and then approved by the voters of the Commonwealth. At present, HB 1377 has been referred to the House STATE GOVERNMENT Committee.

House Bill 1377 has 49 co-sponors. They are Peifer, Boyd, Baker, Barrar, Bear, Brooks, Christiana, Creighton, Cutler, Dally, Denlinger, Everett, Fleck, Gabler, Geist, Goodman, Grell, Grove, Harhart, Hornaman, Hutchinson, Kauffman, M. Keller, Major, Marshall, Marsico, Mensch, Millard, Miller, Milne, Moul, Mustio, Oberlander, Pickett, Pyle, Reed, Reichley, Roae, Rock, Rohrer, Scavello, Siptroth, Stern, Stevenson, Swanter, Tallman, True, Vulakovich and Watson.

Mercer County Connection:

House Bill 1377 has the initial support and attention of Mercer County Legislators Michele Brooks and Dick Stevenson. Pictured below at the Capitol press conference (from left): Reps. Mike Fleck (R-Huntingdon/Blair/Mifflin); Mike Peifer (R-Monroe/Pike/Wayne), at podium; Michele Brooks (R-Crawford/Mercer/Lawrence); Dick Stevenson (R-Mercer/Butler); and Mario Scavello (R-Monroe).

House Bill 1377 gets “two thumbs up” in my book. Unfortunately, I’m not sure if it will have the support that it requires to pass through all of the legislative hurdles that lie ahead. I’ll keep my fingers crossed, though.

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Why, Exactly, Did We Bailout GM?

Written by Roberta Biros

“I’m confused.”

Last year, U.S. car makers were complaining that they were “struggling”. Rather than allowing the obviously troubled businesses to file for bankruptcy, the Bush Administration signed on to a bailout program. In December of 2008, President Bush approved a $9.4 billion loan to GM. In that same month, the Canadian government signed on for an additional $3 billion in aid.

Everyone (including me) pointed their fingers at President Bush and complained that we were throwing away perfectly good money. We all asked “where is my bailout?”

President Obama was sworn-in in January and immediately signed on to the same fiscal policies of the Bush Administration . . . the bailouts continued. As of last month, GM has been given a total of $19.4 billion of OUR money from the Federal Government. All of this was to prevent GM from having to file bankruptcy.

Yesterday, GM filed bankruptcy.

So, again I say “I’m confused”. Is there something we are supposed to learn from all of this? If we were, I think I missed the point somewhere.

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State Park Closures: Sen. White debunks threat of Pa. park closures

By Michael Sadowski
Pocono Record Writer
June 02, 2009
A western Pennsylvania senator said Monday the threat of state park closures is “ridiculous” and blamed it on the reluctance of Republicans to talk about any tax increase.

After the state Department of Conservation and Natural Resources last week identified 50 parks that could be closed if the senate-proposed budget is passed, state Sen. Mary Jo White, R-21, chairwoman of the Senate Environmental Resources and Energy Committee, described the talk as “scare tactics” and said the budget isn’t finalized.

[read the full story HERE in the Pocono Record]

An Andrew Klavan Must See: Why Are Conservatives So Mean?

Written by Roberta Biros

This is a five minute video that you absolutely MUST see. It is Andrew Klavan (Klavan on Culture) offered through PajamasTV [watch video HERE]. Klavan makes references to “Democracy in America” by Alexis De Tocqueville and uses humor to make his points. In a cleaver comparison, Klavan offers quotes from “the kindly President Barack Obama” and the “big creepy Persian Guy” from the movie “300” as follows:

Quote from President Obama:

“The question that we ask today is not whether our government is too big or too small but whether it works, whether it helps families find jobs at a decent wage, care they can afford, or a retirement that is dignified”

Quote from the movie “300”:

“I am kind . . . everything you could ever desire, every happiness you can imagine, every pleasure your fellow Greeks and your false gods have denied you I will grant you, for I am kind”

Klavan states

“it is kind of hard to tell them apart, and no, not just because both have dark skin and are narcissistic metro-sexuals . . . its because both are offering the same tyranny of animal pleasures, complete safety and dehumanizing loss of freewill that De Tocqueville predicted so long ago. “

If you have the time to spare, watching the video it is a great investment of five minutes.

As always, just my opinion.
~Roberta Biros, Mercer County Conservatives