| April 2, 2012 | 2012, Issue # 07 |
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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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INCREASING MUNICIPAL LIABILITY EXPOSURE WHILE TOWNS
ARE IN FISCAL CRISIS
SB 445: A Costly Unfunded State Mandate
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SB 445 would amend the definition of "land" the under Recreational Land Use Act to exclude, among other things, public beaches, boardwalks, and certain spectator structures for recreational activities.
This bill would increase municipal liability exposure during the most challenging period for towns and cities in decades. Municipalities have made uncomfortable budget cuts and are girding for additional cuts. These include layoffs of police officers, firefighters, road personnel and teachers.
In Connecticut's central cities and poorer towns, the situation is increasingly grave and dire. Deep cuts in services and significant layoffs have occurred in these communities - with more service cuts and layoffs to come. Municipalities must still provide the services residents depend on for education, public safety and infrastructure maintenance, regardless of the economy.
Let's be frank - the proposal is an attempt to get at the perceived "deep pockets" of towns and cities.
SB 445 would increase litigation and prove extremely costly to towns and cities. It should be noted that the State has exempted itself from free-wheeling liability exposure by requiring that persons and entities get permission to sue it. Towns and cities are partners in governing the State. There should be liability parity between the two essential entities.
Importantly, this bill would encourage towns from making such properties available to the public, for fear of lawsuits. People who want to take advantage of these properties would have less access to them. That is the reason many environmental organizations oppose this bill.
Lastly, interested parties went through a long (decades long) and protracted ordeal to reform state law as a result of the Conway v. Wilton decision. An extremely delicate balance was struck just last legislative session to encourage usage of municipal recreational land and protect the public.
CCM urges consideration of the following:
- As a result of Conway v. Wilton, some municipalities closed, stopped construction on, halted acquisition of, or restricted the use of recreational facilities;
- Municipalities have spent significant dollars and made significant efforts to make recreational areas safe for their citizens. Towns and cities and other public agencies cannot prevent injuries to people who undertake them, and municipalities should not be held responsible for those injuries;
- Reducing legal protections to municipalities costs hard-pressed property taxpayers money and services; and,
- The lawsuit against the Metropolitan District Commission has increased the fears of local officials that litigious individuals will take advantage of "perceived" deep-pockets and exploit their voluntary use of public open space lands.
Compromise legislation on this issue was enacted just last session. This contentious issue should not be re-opened - just months after significant reform.
CCM asserts that, if the time is ripe to ask for what's on your Wish List, then CCM wants a complete overturn of Conway v. Wilton - we want parity with the State. Other interested parties will want other revisions. This proposal could open a Pandora's Box.
With towns and cities in crisis, the Legislature should protect residential and business property taxpayers and take no action on this bill. Now is the time for mandates relief, not for imposing new unfunded state mandates!
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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 5203
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STATE-MANDATED RANDOM SELECTION OF NEUTRAL ARBITRATORS
Although amended by the Labor Committee, it would eliminate town and union officials' ability to select the third (neutral) member of an arbitration panel -- and instead, mandate that the State randomly assign a neutral arbitrator. This bill has an incorrect fiscal note, as it would in fact impose a new "STATE MANDATE" on all towns and cities.
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, however, would be the opposite of modest reform by imposing a new state mandate into the process and abolishing the rights of both parties to select a neutral arbitrator.
Current Location: House Floor
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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. This unprecedented proposal has been identified by OFA as a "STATE MANDATE" on towns and cities that could generate costs in the tens-of-thousands per case, covering a potential 25,000 firefighters statewide.
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: House Floor
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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: House Floor
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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: House Floor
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HB 5316
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MANDATES PROHIBITION
MANDATES RELIEF:
Section 1 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
UNFUNDED MANDATE:
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.
Current Location: Appropriations 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: House Floor
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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 from regulating the issuance of building permits for structures built pursuant to an approved site plan and located on a lot abutting an unaccepted highway or street.
Current Location: Planning and Development Committee
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HB 5348
HB 5350
SB 359
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NEW MANDATES ON SCHOOL TIME AND RESOURCES
Would create a new curriculum and resource mandates on local school districts, such as financial literacy, CPR training, and literacy requirements. CCM does not take issue with the policy goals these bills represent. Rather that these bills would add more unfunded state mandates 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 of existing mandates on towns and cities and school districts?
Current Location: Public Health Committee, Appropriations Committee, Banks 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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HB 5432
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SCHOOL POLICE OFFICER MANDATE
Would, among other things, require boards of education to "adopt and implement a policy regarding the role and responsibility of any sworn police officer of a local law enforcement agency or a sworn officer of the Division of State Police within the Department of Emergency Services Public Protection who has been assigned to any school pursuant to an agreement between the local or regional board of education and the chief of police of a local law enforcement agency or the commanding officer of the Division of State Police."
In addition, boards would require boards to submit to the Commissioner of Education a yearly report on school-based arrests.
Current Location: Judiciary Committee
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HB 5454
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EMINENT DOMAIN MANDATE
Would require that municipalities increase the compensation paid to homeowners for acquisition of property through eminent domain. Interested parties went through a long (years long), wrenching and protracted ordeal to reform state law as a result of the Kelo v. New London decision. A very delicate and fair balance was struck to provide property owners with more protections, including providing for additional compensation.
Current Location: Planning and Development Committee
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HB 5469
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STATEWIDE MILL RATE FOR COMMERCIAL MOTOR VEHICLES
Would establish a statewide mill rate for commercial 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: Finance, Revenue and Bonding Committee
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HB 5538
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SOLAR PANEL EXEMPTION FROM PROPERTY TAXES
Would require that towns and cities make solar panels and other such installations on business and industrial property exempt from the property tax.
Current Location: Planning and Development Committee
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SB 92
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COLLECTION OF UNUSED PHARMACEUTICALS
Would require municipal police departments to (1) purchase a secure locked box for the collection of unwanted pharmaceuticals, (2) make it accessible to the public twenty-four hours a day, and (3) arrange the transport of the unwanted pharmaceuticals to a biomedical waste treatment facility.
While CCM supports the intent of the bill to keep pharmaceuticals out of waste water systems, we have concerns over the expense of these locked boxes and the administration burdens it poses on municipal police departments. Currently, there is a pharmaceutical collection program in place through the Department of Consumer Protection which allows municipalities to voluntarily participate. We oppose the state mandate that police stations serve as collection sites.
Current Location: Environment Committee
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SB 97
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BREAST SCREENING INSURANCE MANDATE
Would prohibit certain municipal health insurance policies from imposing such expenses as copayments or deductibles on breast ultrasound screenings. This proposal has been identified by the nonpartisan Office of Fiscal Analysis as a "STATE MANDATE" on municipalities and could "increase costs to certain fully insured municipal plans which require member cost sharing...".
Current Location: Senate Floor
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SB 98
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COLONOSCOPY SCREENING INSURANCE MANDATE
Would prohibit certain municipal health insurance policies which charge a deductible for such screenings which lead to other related services rendered in conjunction with the screening. This proposal has been identified by the nonpartisan Office of Fiscal Analysis as a "STATE MANDATE" on municipalities that "may result in increased premium costs" for fully insured municipalities.
Current Location: Senate Floor
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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. It has been identified by OFA as a "STATE MANDATE" on towns and cities with "potential costs". Regardless of the size of impact on local budgets -- now is not the time to impose new costs on already limited local resources.
Current Location: Senate Floor
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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: Human Services 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 pediatric disorders associated with strep infections.
Any expansion of insurance coverage will increase insurance costs and thus premiums. This would result in increased insurance costs statewide.
Current Location: Senate Floor
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SB 245
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VIDEOTAPING OF POLICE OFFICERS LIABILITY
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 262
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PROPERTY TAX EXEMPTION FOR HORSES
Would add horses and ponies to the list of 77 items that are exempted from the property tax. According to OFA, towns and cities would lose $6.6 million if this bill were enacted.
Current Location: Senate Floor
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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 360
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FORECLOSURE MEDIATION MANDATE
Would, among other things, (1) require the judicial branch to create a form concerning notice of community-based resources to parties involved in foreclosure mediation, and (2) require municipalities to include the form with any statements sent to the homeowner regarding debt owed by the homeowner for public sewer, water services or property taxes.
Current Location: Banks Committee
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SB 364
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TRAFFIC STOP INFORMATION MANDATE
Would, among other things, require the Office of Policy and Management and the Criminal Justice Information System Governing Board to develop a standardized form, in both printed and electronic forms, to be used by municipal police departments and the State Police to record traffic stop information.
Current Location: Judiciary Committee
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SB 455
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STATE SET-ASIDE POLICY MANDATE
Would require towns and cities to comply with the State set-aside policy, if they use state funds for projects.
Current Location: Judiciary Committee
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| PROPOSED MANDATES RELIEF | |
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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: House Floor
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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 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: House Floor
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HB 5316
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MANDATES PROHIBITION
MANDATES RELIEF:
Section 1 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
UNFUNDED MANDATE:
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.
Current Location: Appropriations 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: House Floor
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HB 5521
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ELECTRONIC COMMUNICATIONS
Would allow certain required notices to be provided via electronic means, rather than in hard copy through the mail. Not only would this significantly streamline the process of providing such notification, it will reduce costs for paper, printing, and postage.
Current Location: Government Administration and Elections Committee
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SB 27
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GOVERNMENTAL DOCUMENTS ONLINE
Would be the first step in transitioning all state agency regulations, and public notices, to be published online. CCM supports this more efficient and cost effective mechanism for making notice of and hosting final versions of state regulations.
Current Location: Senate Floor
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SB 89
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MATTRESS RECYCLING
Would create a state-wide mattress stewardship program for end-of-life management of mattress disposal in which mattress producers are responsible for creating, financing, and managing an environmentally sound program to (1) minimize public sector involvement in the management of post-consumer mattresses by negotiating and executing agreements to collect, transport, reuse, renovate, recycle, burn for energy recovery and dispose of post-consumer mattresses, regardless of brand; (2) provide for the free, convenient and accessible state-wide collection of post-consumer mattresses that; (3) provide for producer-financed end-of-life management for discarded mattresses, including transportation from a number of locations including municipal transfer stations; (4) provide suitable storage containers at permitted municipal transfer stations for segregated, discarded mattresses, at no cost to such municipality; and (5) cover the costs for the program.
Current Location: Environment 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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SB 218
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CONSOLIDATION OF POLLING PLACES FOR PRIMARIES
Would allow municipalities to designate polling places other than those used during a general election. Would allow local registrars of voters to achieve a level of savings by consolidating polling places, when appropriate. It is estimated that a savings in excess of $10,000 could be achieved for a small town.
Current Location: Senate Floor
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SB 254
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PHOSPHORUS MANDATE RELIEF
Would place certain restrictions on the use of Phosphate-containing fertilizers in an effort to reduce the levels of Phosphorus in Connecticut waterways.
Current Location: Environment 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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