Unfunded Mandates *
Original Title: Governors Cite U.S. In Fiscal
Crises
An Impeachable Offense
Washington Post
December 6, 2002
By Jonathan Weisman
The nation's governors are increasingly fingering the federal
government as a major culprit in their widening fiscal crises,
pointing to billions of dollars in tax cuts and new spending
mandates that Congress and the Bush administration have foisted
on the states.
Last month, the National Governors Association (NGA) declared
that the states are facing their worst fiscal crisis since World
War II, as governors and legislatures struggle to close budget
shortfalls totaling $67 billion. Standard & Poor's, a credit
rating agency, has warned of a possible downgrade for bonds
issued by nine states, including California, Indiana and
Arizona.
Governors of both political parties are ratcheting up their
demands and emphasizing Washington's responsibilities. As the
Council of State Governments convenes in Richmond today, Virginia
Gov. Mark R. Warner (D) plans to appear with state lawmakers and
other governors, including Parris N. Glendening (D) of Maryland,
to demand federal help to cover mandated expenditures for
Medicaid, road construction and emergency response.
Warner's speech follows a meeting Monday in North Carolina,
where a group of governors met with Education Secretary Roderick
R. Paige to insist that the administration provide adequate funds
to cover demands imposed by President Bush's new education
law.
Administration officials faced a barrage of complaints last
month at the NGA meeting in Austin.
"In every one of those meetings the topic has been exactly the
same," said Glendening, "the state of the economy, the federal
government's role in causing much of the problems the states are
facing and deep concern over the federal government's lack of a
response in any way."
Among governors, that sentiment is bipartisan.
"I realize the federal government can't go in and rescue
everyone. It's not all their fault," said Arkansas Gov. Mike
Huckabee (R). "But when we hear that the government is going to
bail out the airlines, to heck with the airlines. We're providing
the services that you're supposed to be providing. Help us
out."
But Bush administration officials are resisting the governors'
entreaties for direct federal aid. "As to the question of whether
federal taxpayers should be on the hook for states' budget
problems, I'm skeptical," R. Glenn Hubbard, chairman of the
president's Council of Economic Advisers, told the Financial
Times this week.
Just who is responsible for that crisis is the subject of an
increasingly heated debate.
White House budget office spokeswoman Amy Call said it was
unfair for the governors to blame Washington for their troubles.
The states are grappling with the same forces that have pushed
the federal government into deficit: rising health care costs and
a sluggish economy that has sharply eroded tax revenue.
And the administration has been trying to help, crafting
waivers designed to rein in Medicaid costs and pushing proposals
to expand private health coverage and provide prescription drug
benefits to seniors. One Republican congressional aide suggested
the governors' clamor for federal aid is nothing new and entirely
predictable.
A report last month by the Center on Budget and Policy
Priorities pointed to a different culprit of the states' own
making. The report noted that between 1994 and 2001, 43 states
enacted major tax cuts. Those tax cuts are costing the states $40
billion in lost revenue each year, three-fifths of the current
shortfall. States also made the choice to expand social programs
and the reach of Medicaid, the costs of which are now
exploding.
But the report's author, Nicholas Johnson, said the governors
are also correct when they say the states' problems have been
exacerbated greatly by the actions of Congress and the White
House. "There's plenty of responsibility to go around," Johnson
said.
The governors' litany of complaints is lengthy.
On the tax side, last year's 10-year, $1.35 trillion tax cut
included a little-noticed provision aimed directly at state
coffers. Under the tax law, the federal estate tax diminishes at
glacial speed over the next decade. But the law makes swift work
of a provision that allows states to claim a credit from the
federal government for estate taxes paid. The "state death tax
credit" has already been cut by 25 percent, and will be gone by
2005, at a cost to the states of $4 billion a year, according to
Harley Duncan, executive director of the Federation of Tax
Administrators.
This year's stimulus bill, which granted an additional tax
break to businesses that invest in plant and equipment, also hit
the states, because almost all of them have tied their own
corporate income tax systems to the federal government's. Thirty
states scrambled to "decouple" their corporate tax rates from
Washington's to save as much as $15 billion over the next three
years, but 15 other states have absorbed the revenue blow.
"Utah at this point is, if not grinning, at least bearing it,"
said Gov. Mike Leavitt (R). Making matters worse, Leavitt said,
Washington has so far blocked efforts by the governors to impose
new sales taxes on the Internet, a medium that governors believe
is costing their states billions of dollars in lost revenue. "We
are progressively losing control of our tax policies," he
said.
On the spending side, governors say they are struggling to
fund new burdens imposed by the federal election reform law,
homeland defense requests, and education testing requirements,
all of which were supposed to be financed in whole or in part by
the federal government.
State and local fire, police and medical rescue units were
supposed to receive $3.5 billion this October to finance homeland
security programs that Washington wants. So far, they have seen
virtually none of it. The president's "No Child Left Behind"
education law envisioned spending nearly $28 billion on new
educational testing and teacher training. But the Bush budget
requested $22 billion, and so far, Congress has approved nothing.
Congress also hoped to give the states $2.1 billion to finance
the election reforms requested, but, so far, lawmakers haven't
approved a cent.
"To pass these mandates without dollars attached when the
states are so fiscally stressed is just not responsible," Warner
said.
Most importantly, the governors say they are simply losing
control of their Medicaid budgets. For that, they largely blame
Washington. When Medicaid and Medicare were created, Congress
envisioned Medicare as the health insurance program for the
elderly, while Medicaid would cover the poor through combined
state and federal contributions. But the burden on Medicaid has
grown steadily. The program now covers the long-term care costs
of the elderly, and, in many states, their prescription drug
costs.
Congress's failure to pass a promised prescription drug
benefit for the elderly has landed squarely on the states'
shoulders, Huckabee said. And despite efforts by the Bush
administration to grant state governments more flexibility to
manage Medicaid, the states still lack the authority to control
costs that grew by 13.2 percent this year, the fastest rate since
1992.
"It violates the basic principle of good management to give us
the responsibility to manage but no authority to manage with,"
Leavitt said.
This summer, the Senate approved bipartisan legislation that
would have temporarily placed more of the cost-sharing burden for
Medicaid on the federal government. But in the face of strong
White House opposition, the bill died. Now the governors are
seeking a longer term solution that would force the federal
government to assume responsibility for the long-term health care
costs of seniors, and that too is facing White House
opposition.
Call noted that the federal government is facing budget
problems of its own. Any new responsibility for Medicaid is bound
to become a long-term burden. "We feel that if you change the
[Medicaid] formula, it's a change in law, a permanent change,"
she said. "You're never going to get anyone to change it
back."
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