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April 15, 2011
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2011, Issue 12
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This report focuses on pending bills that propose new state mandates on towns and cities.
These bills are currently being considered in their respective committees - some of which would have a significant impact on local governments and their residential and business property taxpayers.
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MANDATE RELIEF PROPOSAL OF THE WEEK: ----------
Mandates Reform has Been Studied and Studied - NOW is the Time For ACTION | |
Municipal mandates reform is an often studied but seldom acted-upon issue. Among the recent studies are:
- "Compendium of Statutory and Regulatory Mandates on Municipalities in Connecticut," Connecticut Advisory Commission on Intergovernmental Relations (ACIR) (2011)
- Municipal Opportunities and Regional Efficiencies (M.O.R.E.) Commission (2010)
- "How to Spell Relief," CCM (2010)
- "Governor's Commission on Un-Funded Mandates" (December 2006)
- "Binding Arbitration for Municipal and School Employees," Legislative Program Review and Investigations Committee (2005)
- "Prevailing Wage Law in Connecticut," Legislative Program Review and Investigations Committee (1996)
Considering that municipalities are facing a fiscal crisis not seen in generations, towns and cities need mandates relief THIS YEAR.
Connecticut towns and cities empathize with the State. Facing massive deficits, municipalities have already made hard choices like budget cuts, employee layoffs and tax hikes -- and are girding for still more tough choices. In our central cities, the situation is increasing grave and dire. Deep cuts in services and massive layoffs have occurred in these communities - with more cuts and layoffs to come. Municipalities must still provide the services residents depend on such as education, public safety and infrastructure maintenance, regardless of the economy.
Support Mandates Relief THIS YEAR
To provide meaningful mandates reform during the most challenging fiscal crisis since the Great Depression, CCM urges the Legislature to be bold and support the following reforms:
- Amend the State's prevailing wage rate mandate [CGS 31-53(g)]: (a) adjust the thresholds for renovation construction projects, from $100,000 to $200,000; (b) adjust the thresholds for new construction projects, from $400,000 to $800,000. The current thresholds have not been raised since 1991. This proposal, SB 990, was not acted on by the Labor and Public Employees Committee.
- Modestly modify state-mandated compulsory binding arbitration laws under the Municipal Employee Relations Act (MERA) and the Teacher Negotiation Act (TNA) by (a) requiring that all neutral municipal arbitrators be members of the American Arbitration Association, per HB 6409 (no action taken in the Labor Committee), and (b) preventing an arbitration panel from considering a municipal reserve fund balance when determining municipalities' financial capability, per SB 989 (no action taken in the Labor Committee).
- Eliminate the Minimum Budget Requirement (MBR) that prevents municipalities from finding savings and efficiencies in board of education budgets. The Education Committee favorably reported HB 6385, which provides minimal relief for local governments in meeting the minimum budget requirements (MBR). While this proposal is a step in the right direction, it does not go far enough to provide the relief local governments need as it only allows for reductions if student enrollment has decreased. MBR should be eliminated for FYs 12-13 to allow municipalities to find reasonable savings for their property taxpayers, or at the very least provide for reductions if certain cost savings or efficiencies can be achieved, as proposed originally in HB 6431. CCM supports ensuring that state education aid is spent on education - every community in Connecticut already spends more on K-12 public education than they receive from the State.
- Allow towns and cities to post legal and other notices on their websites, rather than in newspapers. This is a costly - and unnecessary - unfunded state mandate.
At the very least, state law should be amended to allow municipalities the ability to publish notice of the availability of particular documents on their website, instead of having to publish entire documents in newspapers.
It is estimated that this 20th century law costs small towns several thousands of dollars annually, while the costs to larger cities can be as much as hundreds of thousands of dollars per year. Times have changed, technology has changed, and so too have the habits and practices of our population. Most newspapers have recognized that their future is online. A proposal, HB 6339, which would relieve municipalities of the mandate to post legal notices in newspapers, was favorably reported by the Planning and Development Committee.
- Allow municipalities that are scheduled to conduct a property revaluation - particularly physical -- in 2011 and 2012, the option to delay that revaluation for at least one year, as a reasonable response to the uncertainties of the current market. A similar option to defer was passed by the Legislature in 2009.
- Postpone the high school reforms passed last year (PA 10-111). PA 10-111 mandates numerous graduation and curriculum requirements. The law should be postponed until state funding can be directed to pay for these new costs. This proposal, HB 6498, has been favorably reported by the Education Committee.
- Clarify the statutory definition of "department head" for purposes of excluding such personnel from collective bargaining.
- Repeal CGS 10-66c which requires school districts to pay for the costs of special education for any Charter School student who resides in the district.
- Repeal the statute that requires one union for the uniformed employees of municipal police departments and municipal fire departments. Present law requires rank and file employees and supervisors to be in the same union - which has a chilling effect on management authority.
- Establish a minimum threshold of at least 1,000 work-hours of services before part-time, temporary, or seasonal employees are eligible for unemployment benefits.
Please have the courage to act this year.
Connecticut's local property taxpayers - residential and business - can no longer afford to have state officials sit on the sidelines and ignore the need for comprehensive mandates reform.
Our local property taxpayers deserve no less. |
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PROPOSED NEW UNFUNDED MANDATES |
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HB 5762 |
ADVERSE POSSESSION NOTIFICATION REQUIREMENT
Would, among other things, require municipalities to notify property owners that a party is seeking to acquire the person's property though adverse possession.
Current Location: Judiciary Committee
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HB 6303 |
ANIMAL WELFARE MANDATE
Would require municipal animal officers to obtain a "current" registry of nonprofits and use such list to attempt treatment for ill or injured animals in their custody, when such animals are considered adoptable. Would require animal control officers to post notices (consisting of a photo or descritption) of animals and their availability for adoption on a national animal adoption website. If ACOs do not have the technology, they must arrange to post adoption notification information on the website of an agency on the animal treatment registry, and pay any related expenses.
Current Location: Environment Committee
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HB 6263 |
ASSESSMENT OF CERTAIN FOREST LANDS
Would allow properties currently in the 10 mil Preservation Program for forest lands to convert to PA 490 for assessment purposes.
While CCM understands the intent behind this proposal, the reality is that it shifts the decision-making authority away from local officials regarding what their property tax policies should be. Similar to other provisions of PA 490, municipalities should be given the option to adopt this new treatment for such properties if they deem it to be in the best interest of their community.
Every year there are many well-intentioned proposals to reduce the property tax burden of one group or another. Everybody wants out of the property tax - but peeling off one group after another is not reform. Again, proposals like this would only serve to shift the burden of those taxes to the remaining property owners of a given municipality. Currently, there are close to 2-dozen local-option property tax abatements and 75 mandated ones.
Current Location: Planning and Development Committee
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HB 6555 |
CIVIL ACTIONS AGAINST THE STATE AND MUNICIPALITIES FOR THE SEXUAL ASSAULT OF CHILDREN
Would increase municipal liability exposure by allowing families to bring actions against municipalities and the State for the sexual abuse or sexual exploitation of minors by employees or agents.
This bill proposes to allow a family to bring an action against a municipality for the sexual assault, sexual abuse or sexual exploitation of a minor by any municipal employee, officer or agent. In addition, the bill proposes that any sort of special defense of governmental immunity would be stripped away.
This is in direct contravention of the provisions of CGS Sect. 52-557n that provides that a municipality cannot be held liable for the intentional or criminal acts of its employees. It is antithetical to centuries of common law dealing with the concepts of respondeat superior and ultra vires acts. It changes every single city employee (or agent - how far does this go? Someone selling ice cream at the beach?) into a ticking financial time bomb. Thus, regardless of how careful the screening process, a municipality can be held directly liable if one of its employees goes off track and commits a criminal act against a child (regardless of whether or not the town had any prior notice or warning).
Current Location: Judiciary Committee
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HB 6642 |
COMPLIANCE WITH NATIONAL PRISON RAPE ELIMINATION COMMISSION RECOMENDATIONS
Would require that municipalities, the State and private providers comply with the National Prison Rape Elimination Commission-recommended standards regarding "prevention, detection and monitoring of, and response to, sexual abuse in adult prisons and jails, community correction facilities, juvenile facilities and lockups."
Current Location: Judiciary Committee
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SB 962 |
CONSTABLES: EXTRA JURISDICTION
Would allow municipal constables the ability to do process of service throughout the State and beyond the current scope under which they operate. CCM is concerned about the increased liability exposure to municipalities, as they insure constables. The bill contains no requirement that constables have their own insurance, and there are no training requirements for constables.
This bill would leave municipalities with serious exposure if something is done improperly, as they act on behalf of municipalities.
Current Location: Judiciary Committee
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HB 5847 |
CONTRACTS TO SELL ENERGY AND CAPACITY
Would impose an administrative burden on an electric public service company, municipal electric energy cooperative or municipal electric utility that has received a contract proposal from a person, firm, or corporation seeking to sell energy and capacity as a private power producer, to inform within 90 days after receiving such contract proposal, such a person, firm or corporation of the reasons why such contract proposal was rejected.
Current Location: House Floor
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HB 6641 |
CREDIT REPORTS ON EMPLOYMENT APPLICANTS
H.B. 6641 would prohibit employers from obtaining credit reports on applicants, except under certain conditions.
CCM is concerned that existing exceptions do not seem to include municipal employees whose positions require them to handle cash (such as tax collection staff or treasury/accounting staff) or people who hold positions of public trust, such as police officers or firefighters. The bill should be amended to include exceptions in those instances
Current Location: Judiciary Committee
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HB 6226 |
CROSS-REPORTING OF CHILD ABUSE AND ANIMAL CRUELTY
Would, among other things, require animal control officers to file a detailed written report when observing animal abuse or neglect.
Current Location: Planning and Development Committee
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SB 1048 |
DENTAL INSURANCE MANDATE
Would increase dental coverage cost to certain municipalities with fully insured, free-standing, dental policies.
Current Location: Senate Floor
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HB 5173
HB 5246
HB 5904
HB 5906
HB 5908
HB 6086
HB 6489
SB 142
SB 397
SB 470
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DNA TESTING MANDATE
Would require that persons arrested on serious felony charges submit to DNA testing. It is unclear as to who pays for such testing.
DNA testing is not an inexpensive endeavor. If local police departments are saddled with these costs, it could have a significant impact on local budgets.
Current Location: Judiciary Committee | |
HB 6499 |
EDUCATION MANDATE: TRUANCY REPORTING
Among other things, would require notification to parents by mail of their child's truancy. OFA cites this as a STATE MANDATE on municipalities with an estimate of about $5,000 per district, with the greatest impact being on those districts with a high rate of truancy.
Current Location: Appropriations Committee
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SB 954 |
ELECTRONIC RECORDING OF POLICE INTERROGATIONS
Would mandate that law enforcement agency interrogations for capital felony A or B crimes be inadmissible in court, unless such interrogations are recorded electronically.
Current Location: Judiciary Committee
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HB 6344 |
EYEWITNESS IDENTIFICATION
May have fiscal implications for smaller communities. CCM understands that the research on sequential line-ups vs. simultaneous is inconclusive.
Current Location: Judiciary Committee
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SB 1220 |
FAMILY VIOLENCE POLICE MANDATE
Would create an unfunded state mandate by requiring police departments to comply with "uniform protocols for investigating incidents of family violence" - protocols yet to be established by the Police Officer Standards and Training Council.
The bill mandates police departments to comply without knowing what POST may require.
Current Location: Judiciary Committee
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SB 998 |
GUN REGISTRY MANDATE
Would, among other things, mandate that local police departments (or resident state troopers or constables who perform law enforcement duties where there is no police department) establish and maintain a gun offender registry. This proposed new mandate on municipalities defines 33 gun offenses and also requires people convicted of any of them, on or after October 1, 2011, to register as gun offenders in the town where they live and update the information annually, unless their conviction is overturned or they are pardoned. The mandate would apply even if a gun offender's case is on appeal.
Current Location: Senate Floor
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HB 5045 |
HEALTH CARE PROVIDER PHOTO ID MANDATE
Would require certain health care providers to wear photographic ID badges. There are some municipal health care groups, including emergency medical service organizations, that would be required to wear ID badges if they currently do not do so.
Current Location: House Floor
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HB 6260 |
JEOPARDY TAX MANDATE
Would require municipal tax collectors to provide written notice to persons subject to a jeopardy tax, explaining why such tax collection is necessary.
Current Location: House Floor
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HB 6634 |
JUVENILE DETENTION MANDATE
Would require that police departments seek a court order to detail children in juvenile centers, and would etbalsh standrds and protocol regarding the treatment of juveniles.
Current Location: Judiciary Committee
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SB 1232 |
LIABILITY EXPOSURE INCREASE: MUNICIPAL EMPLOYEES
Would limit governmental immunity to discretionary acts made at a planning or decision-making level as opposed to an operational level.
This bill raises several questions: Isn't it somewhat definitional that discretion is exercised at a "decision-making level"? Isn't it also fairly clear that "operational level" and "decision-making level" are not mutually exclusive? As a strictly statistical matter, aren't most discretionary decisions made at an "operational level"? When a police officer is aiming a weapon at someone, they're both operational and engaging in a decision-making process. Also, when a Director of Public Works decides when he's going to start snow plowing or salting operations, that's both an operational matter and a decision-making process.
This bill is a badly disguised effort to kill the great majority of cases in which governmental immunity currently applies on a daily basis.
Current Location: Judiciary Committee
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SB 1231 |
LIABILITY EXPOSURE: DEFECTIVE HIGHWAYS
Would increase municipal liability exposure by extending the defective highway notice period to 180 days and start the clock ticking after completion of a police investigation.
There are a number of obvious practical problems with this. In the case of a fatal accident, the police investigation may be completed, but not closed for months if the Medical Examiner's Office is backlogged with its reports. What if the town is serviced by a resident state trooper? In those cases, the bill effectively puts control over the duration of the notice period for a claim against the municipality into the hands of a state agency which has no reason to act promptly. What if there is no investigation because the accident was not reported to the police? (Countless defective highway claims involve sidewalk trip-and-falls or minor property damage incidents where the matter is never reported to the police.)
Current Location: Judiciary Committee
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SB 487 |
LIMITATIONS ON MUNICIPAL BUILDING CODES
Would prohibit municipalities from enforcing local building codes or construction standards that exceed those found in the State Building Code.
Current Location: Public Safety and Security Committee
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HB 5603 |
MUNICIPAL PENSION MANDATE
Would prohibit towns from granting "any elected municipal official any benefit changing such officials' benefit plan" within 120 days preceding an election. If the proposal is of such statewide import, it should include state officials also.
Current Location: House Floor
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SB 1138 |
NEW EDUCATION MANDATES: TRAINING FOR UNCERTIFIED SCHOOL EMPLOYEES
Among other things regarding addressing bullying in schools, would require that certain uncertified school employees be included in certain professional development. The OFA has indicated that this is a STATE MANDATE that could cost local boards of education upwards of $20,000 per year to implement.
Current Location: Senate Floor
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SB 10
SB 20
SB 21
SB 396
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NEW HEALTH INSURANCE MANDATES
Would mandate insurance policies cover certain new medical procedures/items.
Some of the costly new procedures and items mandated in these bills include: weight loss programs, breast thermography, breast magnetic resonance imaging, hearing aids, routine patient care costs for clinical trial patients, and certain prostate cancer treatments and prescription drugs.
While all of these have their merits, the bottom line is that they will increase insurance costs across the board at a time when we can least afford it.
Current Location: Senate Floor,
Appropriations Committee
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SB 1154 |
NEW HEALTH INSURANCE MANDATES: ANNUAL REPORTS
Among other things, would (1) mandate that all municipalities submit, to the Comptroller, annual reports that contain health insurance claim information for all active employees and retirees, and (2) authorize the Comptroller to use such data to "survey" municipalities with concern to "payment delivery reforms".
Although the objective to share information has merit - CCM has concerns with the administrative costs and overall intent of this bill. This new mandate could create the potential for additional mandates by also authorizing the Comptroller to "survey" towns and cities on individual, local health policies and plans.
Current Location: Public Health Committee
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HB 5032 |
NEW HEALTH INSURANCE MANDATES: BONE MARROW TREATMENTS
Would mandate that all health insurance policies cover certain testing procedures for bone marrow transplants.
The expansion of insurance coverage will increase insurance costs and thus premiums, which will eventually be born by policy holders - municipalities to name one. This would result in increased insurance costs statewide. This has been identified by OFA (File No. 40) as a "STATE MANDATE" on municipalities.
Current Location: Appropriations Committee
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HB 5610 |
NEW HEALTH INSURANCE MANDATES: BRAND NAME EPILEPTIC PRESCRIPTIONS
Would disallow generic substitution of prescription medications used in the treatment of Epilepsy or the prevention of seizures, unless the prescribing physician for the medication has expressly stated the substitution can be made. OFA cites that this provision may increase costs to certain municipal plans that currently require generic substitution requirements.
Current Location: House Floor
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HB 5438 |
NEW HEALTH INSURANCE MANDATES: CHIROPRACTIC SERVICES
Would prohibit local health plans from implementing copayments in excess of 50% of certain covered chiropractic procedures. OFA has concluded that this would be a new "STATE MANDATE" on municipal health insurance policies that could "increase costs to certain fully insured municipal plans..." (File No. 233).
Current Location: House Floor
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HB 6365 |
NEW HEALTH INSURANCE MANDATES: COMPETITIVE BIDDING
As amended, it would mandate that towns and cities conduct a competitive bidding process each time they renew their health insurance policies, regardless of whether they stay with the same insurer. CCM is unaware of any need for such a new state mandate on local governments. This proposed state mandate would impose additional costs on local budgets -- forcing towns to needlessly pay extra for such as things as consultant and broker fees -- as well as force many towns to enact competitive bidding ordinances, and place new administrative burdens of overseeing this process annually.
Current Location: Appropriations Committee
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HB 6471 |
NEW HEALTH INSURANCE MANDATES: CONTRACTING
According to OFA (File No. 151) this proposal would be a "STATE MANDATE" on municipalities that would "inhibit municipalities' ability to assure the lowest price paid for services." Towns and cities need discretion and flexibility to make decisions based on the individual needs of their communities.
Current Location: Appropriations Committee
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SB 879 |
NEW HEALTH INSURANCE MANDATES: EYE DROPS
Would mandate that all health insurance policies provide additional coverage for prescription eye drops for employees in certain situations.
This proposal has been identified by OFA (File No. 45) as a "STATE MANDATE" on municipalities that could "increase costs to certain fully insured municipal plans that currently do not provide the coverage mandated." This new mandate could result in increased premium costs when municipalities enter into new health insurance contracts.
Current Location: Senate Floor
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HB 6472 |
NEW HEALTH INSURANCE MANDATES: OSTOMY SUPPLIES
Would mandate the expansion of all health insurance policies by raising the threshold of covered costs of ostomy supplies. OFA has concluded this proposal is a new "STATE MANDATE" on municipalities (File No. 108).
Current Location: Appropriations Committee
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SB 1085 |
NEW HEALTH INSURANCE MANDATES: OUT OF POCKET EXPENSES
Would mandate that all health insurance policies prohibit implementing out-of-pocket expenses (i.e. co-payments) for additional colonoscopies. State-mandated changes to health insurance coverage will increase insurance costs and thus premiums, which will eventually be borne by policy holders - municipalities to name one. This would result in increased insurance costs statewide.
Current Location: Senate Floor
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SB 1084 |
NEW HEALTH INSURANCE MANDATES: OUT OF POCKET EXPENSES
Would prohibit health insurance plans from implementing out-of-pocket expenses (i.e. copayments) for nonpreferred brand name drugs. OFA (File No. 227) has concluded that this bill is a "STATE MANDATE" on municipalites that could "increase costs to certain fully insured municipal plans...". Simply put: local budgets cannot incur additional costs -- hometowns need relief from state mandates, not new ones forced on them during this historic recession.
Current Location: Senate Floor
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SB 12 |
NEW HEALTH INSURANCE MANDATES: OUT-OF-POCKET COSTS
Would prohibit municipal health insurance policies from implementing co-payments for various "preventive care services" such as for tobacco cessation programs, obesity training programs, and routine pre-natal and well-child care. The intent of SB 12 has merit -- however, local budgets are already stretched to capacity. According to OFA (File No. 14), SB 12 is a "STATE MANDATE" on municipalities that would increases costs to local health insurance plans.
Current Location: Senate Floor
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HB 6349 |
NEW HEALTH INSURANCE MANDATES: PRESCRIPTION DRUGS
Would mandate that local health insurance plans are deemed unable to make adjustments to certain presciption drug coverages regarding the treatment of chronic illnesses and the process for refilling such prescriptions. This proposal would be a new state mandate on local health insurance plans. The fiscal analysis (File No. 102) fails to recognize that there would be an impact on certain local health plans -- as not all municipalities are self-insured and, therefore, this proposed mandate would apply to certain towns and cities.
Current Location: House Floor
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SB 1083 |
NEW HEALTH INSURANCE MANDATES: BRAND NAME PRESCRIPTION DRUGS
Would prohibit local health insurance plans from requiring employees use an alternative brand name prescription drugs or over-the-counter drugs before using brand name prescription drugs. Although well intended, OFA has concluded this bill would be a new "STATE MANDATE" on towns and cities with potential new costs (File No. 226).
Current Location: Senate Floor
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SB 848 |
NEW HEALTH INSURANCE MANDATES: BREAST SCREENINGS
Would mandate all health insurance policies cover the full costs of breast ultrasound screening. A worthy proposal -- however, there are significant cost implications on local budgets already dealing with increases in health insurance. According to OFA (File No. 12) -- SB 848 is a "STATE MANDATE" on municipalities that would increase costs to certain local plans.
Current Location: Senate Floor
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SB 13 |
NEW HEALTH INSURANCE MANDATES: COPAYMENTS
Would prohibit individual health insurance policies and group medical contracts covering prescription drugs from imposing different co-payments for prescriptions based on where the prescription is filled (i. e., retail v. mail-order pharmacy).
According to OFA (File No. 10) -- "the bill's provisions may increase costs to certain fully insured municipal plans..." this bill is a "STATE MANDATE" on municipalities.
Current Location: Senate Floor
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SB 312 |
NEW HEALTH INSURANCE MANDATES:SPECIALIZED FORMULAS
Among other things, would mandate that health insurance policies cover the costs of administering specialized formulas for people of any age. Current law requires certain policies to provide coverage for children up to age 12.
A worthy proposal -- however, this bill has significant cost implications on limited local resources. According to OFA (File No. 42) -- this bill is a "STATE MANDATE" on municipalities that could produce "increased costs."
Current Location: Senate Floor
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SB 986 |
NEW WORKERS' COMPENSATION BENEFITS MANDATE
Among other things, would mandate that municipalities obtain written approval from the Workers' Compensation Commissioner before discontinuing, reducing, or denying benefits that are deemed reasonable by a physician -- and allows employees to choose the course of medical care when employers seek to change claimants' care.
According to OFA (File No. 64) -- this bill is a "STATE MANDATE" on municipalities that would "result in potential significant impact" on local budgets, "as it increases the number or routine examinations and treatments required to be covered and creates additional requirements for employers [towns and cities] to dispute such treatments".
Current Location: Appropriations Committee
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SB 934 |
NON-CERTIFIED EDUCATIONAL EMPLOYEES UNEMPLOYMENT MANDATE
Would mandate that "the reasonable assurance" of non-certified educational employees' (i. e., paraprofessionals and teachers' aides -- of which there are approximately 40,376 statewide) return to work be in a written or verbal offer, or assignment for the following academic year or term. In other words, this bill would ban such employees' work-history as evidence of a "the reasonable assurance" that they would be re-employed after the school-year break. According to OFA (File No. 78), this proposal "...may result in increased costs to the state, local and regional boards of education..." as it would create an new eligiblity threshold for unemployment compensation payments.
Current Location: Senate Floor
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SB 913 |
PAID SICK DAYS MANDATE
Would, among other things, mandate that municipalities provide paid sick days to employees. CCM is sympathetic to the intent of this proposal. However, according to OFA -- this proposal would be a new "STATE MANDATE" on municipalities -- that could cost towns and cities additional money with regard to associated wages and overtime costs. State lawmakers need to focus on ways of reducing costs of state mandates on local budgets -- not creating new ones.
Current Location: Senate Floor
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HB 5038 |
POLICE OFFICERS: JUVENILE DETENTION
Would prohibit police officers from turning a child over to a juvenile detention center upon arrest, unless officers first obtain court orders for such detention.
Current Location: Judiciary Committee
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HB 5085 |
POLICE OFFICERS: TRAINING REQUIREMENT
Would require that municipal and state agencies comply with standards proposed by the National Prison Rape Elimination Commission.
Current Location: Judiciary Committee
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HB 6629 |
POLICE: NEW FAMILY VIOLENCE GUIDELINES
Would, among other things, require that police departments "duly" promulgate new guidelines regarding "arrest polices in family violence incidents" due to changes contained in the H.B. 6629.
This will require updating procedures and manuals.
Current Location: Judiciary Committee
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HB 6464 |
POSSESSIONS OF EVICTED TENANTS
Would require towns to reimburse landlords for the cost of removing and delivering evicted tenant possessions from the proceeds of a sale at auction of such possessions.
Current Location: House Floor
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SB 930 |
SCHOOL ENTRANCE AGE
Would require children to begin school no later than age six, unless the child meets certain criteria. The Office of Fiscal Analysis has labled this a STATE MANDATE that could cost between $4.5 million and $6.5 million statewide.
While the bill may be well-intended, the reality is that it would impose yet another unfunded mandate on local government - further exacerbating the tough financial situation on the local level.
K-12 public education costs approach 70% of most municipal budgets in our state. The State's share of which is a dismal 37.8%. Until the State can fullfill its funding obligations to local education programs, no additional mandates should be forced down on local residential and property taxpayers.
Current Location: Senate Floor
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HB 5326 |
SCHOOL FACILITIES MANDATE
Would mandate the installation of carbon monoxide (CO) detectors in all existing schools, schools under construction, and any plans for new schools. While well-intended, according to professional public safety personnel, it has been estimated that a properly installed CO detection system could cost as much as $10,000 per school.
Current Location: Appropriations Committee
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SB 96 |
SPECIAL "JUST CAUSE" PROVISION FOR ASSISTANT CHIEFS
Identical to a defeated state mandate proposed during the 2010 session (SB 170), this year's version, would mandate that local assistant chiefs of police be granted special protection under a "just cause" provision. Although CCM is sympathetic to some of the obstacles local police departments may face when recruiting potential successors for chiefs of police -- the rationale for "just cause" standards for chiefs, which is that department investigations need to be free of political pressure, does not exist for assistants. Local departmental administrative accountability lies with the Chiefs of Police. OFA has concluded that this is a "STATE MANDATE" on municipalities that could result in "potential costs by altering the dismissal process" (File No. 254).
Current Location: Judiciary Committee
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HB 5465 |
STATE MANDATED BENEFITS FOR PARAPROFESSIONALS
Would mandate that towns and cities provide municipal paraprofessionals benefits in accordance with the federal Family Medical Leave Act (FMLA), thus establishing a new precedent for such benefits and exposing towns to possibly new overtime costs and administrative burdens. According to OFA (File No. 66) this is a "STATE MANDATE" on municipalities.
Current Location: Planning and Development Committee
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HB 6585 |
STAY IN SCHOOL TILL AGE 18
Would mandate that all individuals remain in school until the age of 18, unless graduated, and removes the ability of the parent or legal guardian to consent to their withdrawal at age 17.
While well intended, this could cost towns and cities as much as $40 million statewide. Statistics show that there are approximately 3,000 dropouts in a given year. Using the current net expenditure per pupil for FY2010 of roughly $13,500, the calculation could be crippling.
Current Location: Appropriations Committee
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SB 896 |
SUBDIVISION ZONING MANDATE
Would, among other things, (a) require zoning commissions to designate an official and that official is then responsible for approving or denying site plan applications, (b) prohibit planning and zoning commissions from modifying or rejecting a subdivision plan, unless it fails to comply with planning or inland wetland regulations, and (c) prohibit public hearings on subdivision proposals.
Current Location: Senate Floor
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SB 860 |
SUBDIVISION ZONING
Among other things, would (a) devise a comprehensive revision of the fiscal and physical protections that towns rely on to allow development projects to proceed. It would not only addresses subdivision development, but also proposes revisions to zoning statues pertaining to these same protections, (b) prohibit a maintenance bond to ensure that such public improvements as new roads are in fact constructed properly and maintained for a reasonable period and to protect the town from inheriting responsibilities for deficient construction. This puts town at significant risk, and (3) require release of a bond thirty days after a release request, with only the commission being 'reasonably satisfied that the modifications' have been completed. Assuming by 'modifications' the language intends to mean public improvements, this will limit town control of new public improvements for which it must assume permanent responsibility. Further, thirty days is insufficient time to conduct the necessary engineering, environmental, and other technical evaluations that are often required to ensure that all applicable standards and condition as are met.
Current Location: Senate Floor
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SB 1230 |
TRAFFIC STOPS
While CCM appreciates the intent behind this proposal, it would impose require that police officers comply with traffic stop standards adopted by the Office of Policy and Management and the Criminal Justice Information System Governing Board.
If the bill is to continue, the Committee should include a funding source to reimburse municipalities for costs associated with S.B. 1230.
Current Location: Judiciary Committee
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SB 936 |
UNEMPLOYMENT EXTENDED BENEFIT MANDATE
Would broaden the circumstances under which unemployed people can access unemployment extended benefits -- by lengthening the "look back period," from 2 to 3 years. According to OFA (File No. 63) -- this bill is a "STATE MANDATE" on municipalities that could impose added costs on local budgets, as towns and cities are responsible for 100% of the costs of extended benefit claims.
Current Location: Appropriations Committee
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HB 6403 |
UTILITY TERMINATION
Would, according to the Office of Fiscal Analysis, result in an estimated cost of up to $50,000 to municipalities by lengthening the time during which certain utility customers may not have their service disconnected.
Current Location: House Floor
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PROPOSED MANDATES RELIEF |
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SB 1050 |
AED OPERATION AND CPR TRAINING MANDATE RELIEF
Would eliminate the statutory requirement that an AED and a school personnel trained in AED operation/CPR be present at school sponsored events not occurring during operations of school hours.
This does not include school-sponsored athletic events taking place on school grounds.
Current Location: Senate Floor
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HB 6330 |
ELECTION MANDATE REFORM
Among other things, this bill would allow local registrars or voters the option to appoint (1) one or two official checkers, instead of requiring two, and giving them the same discretion concerning ballot clerks; and, (2) a single certified moderator per polling place when more than one political party holds a primary on the same day.
While not a substantial savings, according to the Office of Fiscal Analysis, it could be close to $800 per polling place per town. During these tough fiscal times as more emphasis is placed on greater efficiencies and reducing costs, this bill would be a step in the right direction.
Current Location: House Floor
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HB 6498 |
MANDATE RELIEF - HIGH SCHOOL REFORM
Would, among other things, provide some relief from the High School Reform mandate set forth by Public Act 10-111 by postponing the implementation dates.
Public Act 10-111 imposed new graduation and other requirements on local school districts in the hope that the State would receive funds from the federal Race to the Top (RTTT) program. According to the Office of Fiscal Analysis, this new mandate will cost local school districts an estimated $12 to $18 million.
Unfortunately, the State was not awarded the RTTT funds, and this unfunded mandate must be repealed or modified. Of course it is important for education results to improve - but a new $12-$18 million mandate is absurd when the State is already underfunding existing education programs.
In addition, Section 9 establishes a task force to "examine issues related to the changes to the high school graduation requirements." CCM hopes that this will be a much more all-inclusive and open process to examine the many high-impact matters this subject entails - unlike the closed door meetings that produced PA 10-111, which excluded municipal CEOs - those with the sole responsibility of raising revenue to cover new unfunded state mandates.
Current Location: House Floor
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HB 6429 |
MANDATED STORAGE OF STOLEN PROPERTY
Would amend the state-mandated threshold that requires local police officials seize and store (as evidence) stolen property -- from a current value of over $250 to a proposed value of over $750.
CCM supports this bill as a reasonable proposal that would relieve local law enforcement personnel from certain administrative burdens (i.e., logging, storage, and inventory of such items) - as well as permit rightful owners access to their property in a more timely manner. The threshold for this state mandate has not been adjusted since the mid-1980's and does not accommodate for increases in the value of personal properties during this time period.
Current Location: House Floor
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SB 465 |
MOBILE HOME REMOVAL COSTS
Would require that the owners of mobile manufactured home parks reimburse municipalities for costs associated with removing mobile homes because of summary process action.
Current Location: Senate Floor
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SB 504 |
PUBLIC RECORDS - FEES TO COVER COSTS
Would increase a variety of municipal fees that are set in statute.
In many cases, these fees have not been increased in decades. In today's tough fiscal climate, the least the State can do - at no cost to itself - is provide municipalities with ways to off-set costs of providing certain types of specialized services.
CCM prefers legislation that would give the residents and businesses of municipalities broader authority to recoup the cost of services by allowing local governments the authority to set fees they deem appropriate for their own communities.
Current Location: Finance, Revenue and Bonding Committee
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HB 6339 |
PUBLISHING LEGAL NOTICES ON THE INTERNET
Would eliminate the costly - and unnecessary - unfunded state mandate to post legal and other notices in newspapers.
At the very least, state law should be amended to allow municipalities the ability to publish notice of the availability of particular documents on their website, instead of having to publish entire documents in newspapers.
It is widely recognized and accepted that Connecticut residents use their municipal websites as the primary source of information about their hometowns -- whether while at their local library, at home, or at work.
State law continues to permit outdated mandates as residents demand more efficient government. Municipal websites are a one-stop shop for local schedules, initiatives, programs and services. Allowing towns to legally post online such notices as planning commission decisions, zoning commission regulations, and notifications of times and places for voter registrations, would not only save municipalities money -- it would also be common sense and a logical improvement to local government operations.
Current Location: House Floor
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HB 5315
HB 5458
HB 5770
SB 831 |
RECREATIONAL LAND USE LIABILITY RELIEF
Would provide additional municipal liability protection for certain cases involving injuries as a result of recreational activities on certain lands made available as open space.
CCM urgest the General Assembly to strengthen this proposal to provide towns and cities with the same protections enjoyed y the State and private landowners.
This would codify municipalities under the protections of the Recreational Land Use Act (CGS 52-557f et. seq.), which provides partial immunity to owners of recreational land made available to the public without charge. That is, they are liable only for injuries occurring on such land when there is a "willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity."
Current Location: Judiciary Committee
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HB 6103 |
REVIEW OF SPECIAL EDUCATION MANDATES
Would require a comprehensive review of state-mandated special education requirements. Special education costs are the single largest cost accelerant of education spending in Connecticut. It is estimated that special education costs grow 5%-6% per year, 1%-2% faster than most other education costs. How, and at what level, the State reimburses municipalities for these mandated costs are among the hottest state-local issues - and the State has been falling behind.
With special education expenditures now topping the $1.5 billion mark, the local share may now reach $1 billion. Special education spending accounts for at least 14% of all education spending in Connecticut and costs keep growing faster than other school spending (5%-6% vs. 3%-4%). Complicating matters, unforeseen demands for the most expensive special education services too often result in local mid-year budget shuffling, supplementary appropriations, and other extraordinary measures. This is particularly true in smaller towns where the arrival of a single new high-cost special education student during the school year can create a budget crisis.
Current Location: Appropriations Committee
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SB 776
SB 888 |
TRAINING EXEMPTIONS FOR CERTAIN PUBLIC SAFETY PERSONNEL
Would allow certain public safety personnel to be exempt from emergency medical dispatch training (1) if such PSAPs contract with another entity to provide local emergency medical dispatch services (i.e., medical interrogation, dispatch prioritization, and pre-arrival instructions); or (2) if the police officer is certified through POST.
This is a reasonable means to streamline the implementation of this vital training - while not compromising emergency response services provided by local emergency personnel.
Current Location: Senate Floor,
Public Health Committee
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SB 452 |
UNFUNDED AND UNDERFUNDED MANDATE PROTECTION
Would enact a Constitutional amendment or statutory prohibition to prohibit the passage of unfunded or underfunded state mandates without a 2/3 vote of both chambers of the General Assembly. This will ensure that thoughtful and open debate on the merits of mandates occur prior to them being foisted on property-taxpayers.
Local governments are continually seeking protection from new unfunded state mandates. There are many good ideas for new services, property tax exemptions, and increased benefits. However, if the State doesn't pay for them, it only exacerbates the current dependence on the property tax--further straining the ability of local government to provide the services that best suit the demands of their communities.
Current Location: Appropriations Committee
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If you have questions concerning this State Capitol Report or on any state-local issues, please contact CCM's Public Policy & Advocacy Team:
- Jim Finley, Jr., Executive Director and CEO
- Ron Thomas, Manager of State and Federal Relations
- Kachina Walsh-Weaver, Senior Legislative Associate
- Robert Labanara, Senior Legislative Associate
- Donna Hamzy, Legislative Associate
- Mike Muszynski, Legislative Analyst
- Kevin Maloney, Member & Public Relations Director
- George Rafael, Government Finance Analyst
- Quanette Rhodes, Executive Services Administrator
- Carolyn Ryan, Public Policy & Advocacy Administrative Associate
...or via phone at (203) 498-3000.
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