U.S. mandates irk Napolitano, legislators alike


Janet Napolitano

Friday, 24 January 2003
http://www.azstarnet.com/star/today/30124rFEDERAL--jmd2fsib.html

By Howard Fischer CAPITOL MEDIA SERVICES

PHOENIX - The House Republican leader and Gov. Janet Napolitano found common ground Thursday: They both agree the president is doing a lousy job of protecting states from federal mandates.

House Majority Leader Eddie Farnsworth, R-Gilbert, said he is "disappointed" in President Bush for ignoring the fiscal plight of the states. He said Bush should recognize the problems that the mandates create for Arizona, having been the governor of a border state.

Sen. Tim Bee, R-Tucson, his Senate counterpart, said Arizona has been stuck with some unusual - and unwarranted - expenses because of its proximity to Mexico and the steady flow of immigrants, especially those who are not in this country legally.

"We're paying for their education, we're paying for health care at the hospitals," Bee said. "We're making a tremendous financial burden on the southern part of the state and across the whole state."

And things may get worse: The Bush administration has proposed eliminating the funds the federal government now provides to counties to house illegal immigrants in county jails.

That move, coupled with existing mandates, upset Napolitano. She called the federal government "a deadbeat partner" for imposing costs on the state, whether deliberately or by inaction in failing to secure the borders, and then refusing to recognize its financial commitments.

Napolitano said that, as a Democrat, her influence with the White House might be minimal. But she said while only a few states have the border issues, all share the common concerns of unfunded mandates.

"We're really relying on the Republican governors to be interacting directly with one of their former colleagues," she said.

Napolitano said she and another governor spoke Thursday with Senate Minority Leader Tom Daschle to "make sure as Congress begins dealing with the budget that it takes on the fact the federal government has to pay its fair share to the state."

Otherwise, Napolitano said, these additional costs will negate any economic stimulus packages being considered by Bush or Congress.

Federal law says hospitals may not turn away anyone in an emergency, no matter what the person's legal status in the country. Much of that burden has fallen on the state.

States also are precluded by federal law from asking the immigration status of children seeking to enroll in schools.

House leader Farnsworth said he does not believe Congress should impose mandates.

"But if we're going to mandate them then (the federal government) certainly ought to do the right thing and fund them instead of putting the burden on the states and the taxpayers of individual states," he said.