| March 12, 2012 | 2012, Issue #05 |
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During the Legislative Session, CCM produces this weekly report to inform members and the Legislature about pending bills that propose (1) new unfunded mandates or (2) mandates relief for towns and cities.
Sometimes even well-intended bills will have negative impacts on residential and business property taxpayers.
CCM urges municipal officials to speak with their legislative delegation about the impact these bills would have on your community.
- Please feel free to share this report with
other officials in your community. -
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RANDOM SELECTION OF ARBITRATION PANELS
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As highlighted in previous CCM reports: HB 5203 - a proposal so beyond the pale that CCM and the Uniform Professional Firefighters Association of Connecticut have joined in opposed it - would eliminate local CEO authority (and union representatives') to select their respective arbitrator - and instead, would impose a new state mandate that stipulates the selection of arbitrators shall be randomly selected and assigned by the State Board of Mediation and Arbitration. Currently, towns and union chooses one arbitrator each and then those two arbitrators agree on a neutral. This proposed new mandate would eliminate that process and require that the State choose the two arbitrators, and then they would choose the neutral. CCM has long-advocated for modest adjustments to local collective bargaining in order to preserve the integrity of the process - including recommendations that would have established guidelines for arbitrators' qualifications (that they are members of either the American Arbitration Association, or the Alternative Dispute Resolution Center). However, HB 5203 would be the opposite of a modest reform by abolishing the right of both parties to select their arbitrator.
Jim Finley, CCM Executive Director and CEO, testified against this bill on March 1 and CCM staff has been lobbying hard to make sure this bill is defeated. The Labor Committee favorably reported this mandate by a 7-3 vote (along party lines) -- CCM urges state legislators to oppose this unfunded mandate
YOUR ACTION NEEDED: HB 5203 should not be allowed to continue through the legislative process -- there should be no further action taken on this bill.
For questions or more information, contact Bob Labanara of CCM at rlabanara@ccm-ct.org.
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| PROPOSED NEW UNFUNDED MANDATES | |
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HB 5024
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ELECTION DAY REGISTRATION
Among other things, would allow for voter registration on Election Day throughout Connecticut.
While CCM understands the rationale behind this proposal -- to increase voter participation. We have concerns about the fiscal impact to towns and cities. Registrars of Voters have indicated that there would be a need for additional staffing and resources on election day, the busiest day of the year for their office, in order to meet this new initiative.
Current Location: Government Administration and Elections Committee
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HB 5029
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NEW ADMINISTRATIVE BURDEN ON SCHOOLS
Would require school districts to have high school students in their Sophomore year complete an assessment of their "college readiness". Should any student demonstrate lack of preparedness for college, a remediation plan must be implement.
Certainly college preparedness should be the goal for all students in all districts, however, implementing a new "assessment" of any kind will increase the administrative and financial burden on local and regional school districts. Such districts are already struggling with meeting the plethora of existing mandates on their backs.
Current Location: Higher Education and Employment Advancement Committee
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HB 5178
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SYNCHRONIZING PRESCRIPTION REFILLS
Would mandate individual insurance policies cover refills of prescription drugs made in accordance with a plan to synchronize refilling multiple prescriptions for certain insured persons.
The expansion of 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: Insurance and Real Estate Committee
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HB 5203
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STATE-MANDATED RANDOM SELECTION OF ARBITRATORS
Would eliminate local CEO authority (and union representatives') to select their respective arbitrator - and instead, would impose a new state mandate that stipulates that arbiters be randomly selected and assigned by the State Board of Mediation and Arbitration.
CCM has long-advocated for modest adjustments to local collective bargaining in order to preserve the integrity of the process, including recommendations that would have established guidelines for arbitrators' qualifications (that they are members of either the American Arbitration Association, or the Alternative Dispute Resolution Center). HB 5203 would be the opposite of a modest reform by abolishing the right of both parties to select an arbitrator.
Current Location: Labor and Public Employees Committee
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HB 5233
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SPECIAL WORKERS' COMPENSATION BENEFITS FOR FIREFIGHTERS
Would create a new unfunded state mandate by requiring professional counseling be compensable under the Workers' Compensation Act for firefighters diagnosed with mental or emotional injuries -- defined as post-traumatic stress disorder -- as a result of witnessing a death of a firefighter.
Towns and cities currently offer extensive Employee Assistance Programs (EAPs) to employees suffering from stress. These existing benefits provide all employees counseling, therapy, and other essential services to assist them and their families during difficult periods. This proposed mandate would unnecessarily and inappropriately create a new, costly special benefit -- without any state financial assistance.
Current Location: Labor and Public Employees Committee
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HB 5235
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NEW PERSONNEL FILES MANDATE
Would, among other things, mandate that all local officials shall, no less than 10 days after receipt of a written request from a former employee, permit such former employee to inspect, and if requested, copy their personnel files -- and stipulates the timeframe and reasonable location of such "inspections." Would also mandate that local officials provide employees with written copies of any documentation of any disciplinary action imposed on employees no less than 24 hours after the date of imposing such action -- and that local officials must immediately notify employees, in writing, of their intent to terminate their employment.
Municipal leaders know best how to administer their communities -- and do so on a daily basis. This proposal would impose an unnecessary, new administrative burden on already strained local resources.
Current Location: Labor and Public Employees Committee
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HB 5240
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MANDATED DOUBLED-AWARDS
Would require local officials pay double the amount of an award as a result of a civil action decided in favor of an employee or labor union, and places the onus on municipalities to argue otherwise.
Current Location: Labor and Public Employees Committee
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HB 5314
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JEOPARDY TAX COLLECTION
Would require tax collectors to notify property owners before a jeopardy tax collection.
Current Location: Planning and Development Committee
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HB 5316
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MANDATES PROHIBITION
Sections 2 and 3 would require the state auditors to audit the books and accounts of any municipality that receives more than 35% of its revenue from the state, and has a population over 30,000. (Section 1 would enact a statutory prohibition against new unfunded state mandates without a 2/3 vote of the General Assembly.
Current Location: Planning and Development Committee
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HB 5317
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INTEREST ON DELINQUENT PROPERTY TAXES
Would (1) give municipalities the option to charge interest of 12%, instead of 18%, to delinquent property taxpayers, and (2) require that the interest be charged per day instead of per month. This proposal could create a $14.5 million hole in municipal budgets.
Current Location: Planning and Development Committee
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HB 5320
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BONDS FOR SUBDIVISIONS
Would tighten the language in Public Act 11-79. However, would also prohibit zoning commissions
Current Location: Planning and Development Committee
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HB 5341
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ZONING ENFORCEMENT
Would set arbitrary deadlines for municipal officials to reply to applications. If officials fail to respond within such deadlines, the applications would be deemed approved.
Current Location: Commerce Committee
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HB 5348
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SCHOOL NURSES AND LOCAL SCHOOL MEDICAL ADVISORS
Would mandate an "appropriate" number of nurses be employed by school districts to meet the "size and needs of the student population." In addition, makes changes to the duties and responsibilities of local school medical advisors.
Current Location: Education Committee
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HB 5349
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NEW CURRICULUM MANDATE - CPR & AED TRAINING
Would create a new curriculum mandate on local school districts. CCM does not take issue with the policy goal this bill represent. Rather that this bill would add yet another unfunded state mandate on school time, school curriculum, school staffing, and school resources.
Each year new curriculum mandates are proposed. Absent relief from other curriculum mandates, at what point will additional hours have to be added to the school day in order to accommodate each and every new requirement?
Current Location: Education Committee
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HB 5350
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NEW EDUCATION MANDATE
Would establish a new unfunded state mandate by requiring universal literacy programs in local school districts.
Current Location: Education Committee
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HB 5354
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NEW CURRICULUM MANDATE - PHYSICAL ACTIVITY
Would create a new curriculum mandate on local school districts (physical activity).
Each year new curriculum mandates are proposed. Absent relief from other curriculum mandates, at what point will additional hours have to be added to the school day in order to accommodate each and every new requirement?
Current Location: Education Committee
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HB 5356
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MANDATE ON PRIORITY SCHOOL DISTRICTS
Would mandate that all priority school districts participate in a pilot program to align local education curriculum with the state syetm of higher education college level programs.
Current Location: Education Committee
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HB 5376
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FIREARMS FOR FISH AND GAME WARDENS
Would allow fish and game wardens to carry firearms, but would require local police departments to conduct the training for these wardens.
A worthy proposal, however this mandate would place a fiscal and administrative burden on local police departments to conduct the necessary firearm training for these officials.
Current Location: Public Safety and Security Committee
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HB 5405
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STATEWIDE MILL RATE FOR MOTOR VEHICLES
Would establish a statewide mill rate for motor vehicles.
Although CCM appreciates the intent behind this proposal, it would (1) require revenue to go to the State to be doled out to municipalities, and (2) establish winners and losers among municipalities due to a statewide uniform mill rate.
Current Location: Planning and Development Committee
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SB 13
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MANDATES TELEMEDICINE COVERAGE
Would mandate that health insurance policies cover costs for medical advice, diagnosis, care or treatment provided through "telemedicine" (interactive audio, video, or data communication).
The expansion of 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: Insurance and Real Estate Committee
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SB 18
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EXPANSION OF COVERAGE FOR INFERTILITY TREATMENTS
Would mandate that all health insurance policies cover costs for certain infertility treatments for up to age 45 (currently up to age 40).
A worthy proposal -- however, there are significant cost implications on local budgets already dealing with increases in health insurance. This would result in increased insurance costs statewide.
Current Location: Insurance and Real Estate Committee
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SB 19
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MANDATED COVERAGE FOR HEAD LICE TREATMENTS
Would mandate that all health insurance policies cover costs for prescription drugs for the treatment of head lice.
The expansion of 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: Insurance and Real Estate Committee
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SB 90
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TREE WARDENS - HAZARDOUS TREES
Among other things, would require local tree wardens to inspect and report on potentially hazardous trees on public and private properties, if requested by a property owner. Such in inspections would have to be done within 60 days of the notice and a report within 10 days of the inspection.
While the rationale behind the bill is to provide property owners with a funding mechanism for the removal of hazardous trees, this bill constitutes a new mandate on local tree wardens and could potentially expose them to liability should a property owner fail to act on such wardens assertion that a tree is hazardous.
Current Location: Environment Committee
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SB 102
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LOCAL BUILDING STANDARDS
Would prohibit towns and cities from enacting ordinances that contain building codes that are stronger than that of the state.
Current Location: Planning and Development Committee
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SB 150
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NEW FMLA MANDATE
Would require towns and cities provide municipal paraprofessionals benefits in accordance with the federal Family Medical Leave Act (FMLA), by reducing the number of hours paraprofessional employees must work in order to qualify for certain family FMLA benefits.
Current Location: Labor and Public Employees Committee
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SB 151
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NEW WORKERS' COMPENSATION BENEFITS MANDATE
Would, among other things, 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 would allow employees to choose the course of medical care when employers seek to change claimants' care.
In an identical proposal from last session (SB 986, File No. 64, 2011), the non-partisan Office of Fiscal Analysis determined that this proposal would be a new "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: Labor and Public Employees Committee
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SB 189
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IMMUNIZATION EXEMPTION NOTIFICATION
Would require schools to notify the Departments of Education and Public Health of children who have not received a scheduled immunization due to other medical necessities or religious beliefs.
Current Location: Public Health Committee
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SB 193
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BACKGROUND CHECKS FOR YOUTH CAMPS
Would require that municipalities and others running youth camps require persons to submit to state and national criminal background checks if such persons are (1) beginning employment at such camps, (2) volunteering at such camps, or (3) associated with such camps and are transporting children attending such camps.
Current Location: Select Committee on Children
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SB 202
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MANDATED INSURANCE COVERAGE FOR HEARING AIDS
Would mandate that all health insurance policies cover costs for hearing aids for people from age 55-65.
Well-intended, yet this is proposed without any state financial assistance to cover added costs. The expansion of insurance coverage will undoubtedly increase insurance costs and thus premiums, which will eventually be borne by policy holders - municipalities to name one.
Current Location: Insurance and Real Estate Committee
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SB 206
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MANDATED ADDITIONAL SPECIAL HEALTH INSURANCE COVERAGE
Would mandate that all health insurance policies cover costs for treatments related to specific pediactric disorders associated with strep infections.
A very worthy proposal yet, any expansion of insurance coverage will increase insurance costs and thus premiums. This would result in increased insurance costs statewide.
Current Location: Insurance and Real Estate Committee
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SB 245
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SURVEILLANCE OF POLICE OFFICERS
Would increase municipal liability exposure and encourage litigation, by allowing persons to sue police officers if such officers prevent the taking of pictures, under certain circumstances. Would provide immunity to municipalities under certain circumstances.
Current Location: Judiciary Committee
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SB 249
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DISMISSAL OF DEPUTY POLICE CHIEFS
Would remove local chief elected officials' authority to dismiss deputy police chiefs by requiring such dismissals to be kept within the police department. SB 249 would abolish key managerial discretion and would disrupt a foundation of accountability that is inherent among all local public safety officials, including deputy chiefs - and vital to the integrity of local public safety.
Current Location: Public Safety and Security Committee
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SB 265
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SOLID WASTE ASSESSMENT FEE
Would increasing the solid waste assessment fee to $1.50 per ton, from its current $1.00 per ton rate, for any waste disposed out of state. This represents an unfunded state mandate to municipalities, who should retain the ability to dispose of their solid waste in themost economical way available to them - without penalty.
Current Location: Environment Committee
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SB 304
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NEW CURRICULUM MANDATE - LABOR HISTORY
Would create a new curriculum mandate on local school districts (labor history). This bill would add yet another unfunded state mandate on school time, school curriculum, school staffing, and school resources.
Current Location: Education Committee
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SB 305
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NEW CURRICULUM MANDATE - FINANCIAL MANAGEMENT
Would create a new curriculum mandate on local school districts (financial management). This bill would add yet another unfunded state mandate on school time, school curriculum, school staffing, and school resources.
Current Location: Education Committee
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SB 332
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UTILITY TERMINATION
Would prohibit a utility from terminating service to a nursing home facility for a period of sixty days after, such utility company has petitioned the Superior Court for the appointment of a receiver of the rents or payments.
Current Location: Energy and Technology Committee
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SB 359
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NEW CURRICULUM MANDATE - FINANCIAL LITERACY
Would create a new curriculum mandate on local school districts financial literacy). This bill would add yet another unfunded state mandate on school time, school curriculum, school staffing, and school resources.
Current Location: Banks Committee
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| PROPOSED MANDATES RELIEF | |
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HB 5155
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PEST MANAGEMENT ON SCHOOL GROUNDS
Would reinstate the requirement that Integrated Pest Management plans (IPM) be used on public and private school grounds in Connecticut to manage pest control on fields and facilities, and expand the requirement to include high schools.
Current Location: House Floor
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HB 5035
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GOVERNOR'S MANDATE RELIEF PACKAGE:
Would provide relief to local government in several areas:
Local Assessment of Partially Completed Structures:
Would clarify municipal authority to assess, for the purposes of local property taxes, partially constructed structures by amending CGS 12-64 to include "improvements that are partially completed or under construction." Not enacting this proposal could cost municipalities approximately $30 million statewide in lost property tax revenue.
Background: Kasica v. Town of Columbia, a Superior Court decision dated October 6, 2011, decreed that municipalities are not permitted to assess partially constructed structures until completion and the issuance of a certificate of occupancy.
Phase-out of Health Insurance Premium Tax:
Would phase out the health-insurance premium tax on municipalities by (a) cutting the tax rate by 50% beginning 2014, (b) by another 25% for 2015, and (c) eliminating the premium tax on municipalities altogether for 2016. When fully implemented, it would save towns and cities $9 million.
CCM has long advocated for protecting municipalities from the premium tax as a tangible step that the State can take to help cut costs for property taxpayers. The premium tax costs municipalities up to $9 million each year. The tax is 1.75% on fully insured municipal premiums. Municipalities that are self-insured do not pay the premium tax. But some municipalities, particularly small towns, cannot reasonably consider self-insurance as an option, because just one catastrophic illness could have a severe negative impact on a local budget.
Storage of Evicted Tenants Possessions:
Would (1) allow municipalities to assess landlords for the cost of storing evicted tenants' possessions, and (2) permit tenants to request that such possessions be stored an additional 15 days. The tenant would pay full expenses for such storage.
Although some relief was provided to towns and cities by eliminating the portion of this mandate that required municipalities transport such items - the existing mandate to store items continues to drain local finances and resources. While municipalities are allowed to try to recoup some of the costs by auctioning off the items, municipalities must incur costs associated with conducting an auction (including publicizing the auction, etc.). And, usually the possessions are not sellable - ultimately, the revenue generation does not meet full reimbursement. Therefore, requiring municipalities to collect receipts from landlords and calculate the amount of reimbursement might be an added administrative burden.
Current Location: Planning and Development Committee
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HB 5315
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ONLINE NOTIFICATIONS FOR SUBDIVISION APPLICATIONS
Would authorize planning commissions to notify regional planning agencies of subdivision applications by email.
Current Location: Planning and Development Committee
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HB 5316
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MANDATES PROHIBITION
Among other things, would enact a statutory prohibition to against the passage of new unfunded state mandates without a 2/3 vote of both chambers of the General Assembly. Sections 2 and 3 would subject communities that receive more than 35% of their revenue from the state, to special audits (this section imposes a state mandate).
Current Location: Planning and Development Committee
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HB 5318
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CHARTER REFORM
Would allow municipalities to enact charter reform without having to make wholesale changes.
Current Location: Planning and Development Committee
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SB 96
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EXEMPTION FROM THE HEALTH INSURANCE PREMIUM TAX
Would eliminate this burdensome tax on or after July 1, 2012. The premium tax costs municipalities up to $9 million each year. The tax is 1.75% on fully insured municipal premiums. Municipalities that are self-insured do not pay the premium tax. However, some municipalities, particularly small towns, cannot reasonably consider self-insurance as an option, because just one catastrophic illness could have a severe negative impact on a local budget.
Current Location: Finance, Revenue and Bonding Committee
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| CCM - KEEPING MEMBERS INFORMED | |
CCM's website and Legislative Action Center are designed to ensure critical information is easily accessible for local officials on legislative and regulatory actions.
In addition, CCM is is embracing today's new media outlets as a way inform members and educate state elected officials and the public of CCM's advocacy efforts. Please follow us on Facebook and Twitter, and be sure to view events on CCM's YouTube site.
Along with many items of interest, on our website you will find such things as:
New content is added daily, if you are not already doing so...
** PLEASE MAKE OUR SITE YOUR FIRST STOP EVERY DAY **
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If you have questions concerning this Mandates Report or on any state-local issues, please contact CCM's Public Policy & Advocacy Team:
- Jim Finley, Jr., Executive Director and CEO
- Ron Thomas, Director of Public Policy & Advocacy
- Kachina Walsh-Weaver, Senior Legislative Associate
- Bob Labanara, Senior Legislative Associate
- Donna Hamzy, Legislative Associate
- Mike Muszynski, Legislative Analyst
- George Rafael, Senior Government Finance Analyst
- Kevin Maloney, Member & Public Relations Director
- Quanette Rhodes, Executive Services Administrator
- Carolyn Ryan, Public Policy & Advocacy Administrative Associate
...or via phone at (203) 498-3000.
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