HD53 - Catalog of State and Federal Mandates on Local Governments
Executive Summary: Virginia's local governments are fundamentally affected by State and federal constitutional, statutory, and administrative mandates. These requirements affect the organization, staffing levels, service offerings, administrative procedures, budgets, and spending of all local governments. In some cases, mandates can require that local governments redirect their resources to meet State and federal rather than local objectives. The impact of State and federal mandates is therefore a continuing concern to local officials. In 1983, the Joint Legislative Audit and Review Commission (JLARC) conducted a study of State mandates on local governments and local financial conditions. To address the continuing concerns of local officials, the General Assembly directed JLARC to conduct a follow-up to the 1983 study. The 1990 resolutions, House Joint Resolution 156 and Senate Joint Resolution 45, mandated JLARC to reexamine the major issues of the original report, including: (1) responsibilities of local governments for providing public services; (2) differences in the responsibilities of cities, counties, and towns; (3) sources of revenue available to localities; (4) additional revenue sources that could be used to provide public services; and (5) the Commonwealth's responsibilities for providing public services and procedures for aiding local governments. In addition, the resolutions mandated JLARC to consider: (1) the fiscal impact for localities in attempting to achieve State-required standards in the fields of education, mental health and mental retardation, public health, social services, and environmental protection; (2) the types of intergovernmental relationships which would be necessary for localities to efficiently and effectively provide services at levels required by the Commonwealth; (3) the Commonwealth's responsibilities in providing technical and financial assistance to local governments; and (4) avenues or revenue sources that the Commonwealth and localities should consider utilizing in order to provide such public services. This report focuses on "the responsibilities of local governments for providing public services." In order to determine these responsibilities, JLARC developed this catalog of State and federal mandates on local governments. It is important to note that, unlike in the 1983 report, this catalog identifies federal as well as State mandates imposed on local governments. As shown in Table 1, JLARC identified 338 State and federal mandates affecting local governments. By determining the date of implementation for each mandate, JLARC identified the requirements imposed since the origina1study. Based on this review, JLARC identified 81 new mandates which have been imposed on local governments. The remaining study issues are addressed in a companion report, Intergovernmental Mandates and Financial Aid to Local Governments. Mandate Defined In identifying mandates on local governments, JLARC defined a mandate as a constitutional, statutory, or administrative action that places a requirement on local governments. This definition includes three types of mandates: • compulsory orders • conditions of financial aid, and • regulation of optional activities. Compulsory orders are requirements with which localities must comply regardless of aid, such as the Chesapeake Bay Preservation Act. Conditions of financial aid are requirements that arise as a condition of receiving financial aid. For example, to qualify for urban assistance payments, cities and towns (with populations greater than 3,500) which maintain their own roads must meet Virginia Department of Transportation standards for road maintenance. Regulation of optional activities includes activities which are not mandated but are subject to State and federal regulations if performed. For example, if localities choose to operate airports or air navigation facilities, they must maintain those facilities consistent with Department of Aviation standards. Catalog Compilation Mandates were identified through mail surveys of State and local governments and through a review of the Code of Virginia. On the State agency survey, agencies were requested to list each State and federal mandate on local governments that they monitored or administered. They were also requested to specify the type of each mandate. Forty-seven State agencies reported administering mandates on localities. The majority of mandates were identified through this process. As the State body of statute law, the Code of Virginia also served as a primary source for the mandates inventory. By reviewing each section of the Code, JLARC staff identified mandates imposed by the Legislature and their implementation dates. Finally, through the local government survey, local officials were asked to identify each federally mandated program imposed on them without State involvement. In addition, JLARC staff asked localities to rate the extent to which they considered mandates to be reasonable or unreasonable in specific mandate areas. It was requested that their judgments be based on the requirements they felt were inappropriate, unduly rigid, or burdensome. A total of 30 major mandate categories and 46 subcategories were rated by local officials. Responses to the survey were received from 108 of the 136 cities and counties. Catalog Organization Chapter I has provided a brief overview of the mandates study, including the research activities conducted in developing this catalog. Chapter II identifies the specific State and federal requirements imposed on local governments. In the listing of mandates, the following key is used to identify each type of mandate: Compulsory Orders Conditions of State & Federal Financial Aid State & Federal Regulation of Optional Activities Abbreviations: USC = United States Code; CFR = Code of Federal Regulations The legislative resolutions directing this study are included in Appendix A. |
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