| April 9, 2012 | 2012, Issue #09 |
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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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DE FACTO STATE MANDATES
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Are local options proposals like HB 5317 really optional?
Not all state mandates are obvious. State mandates come in all shapes and sizes. Sometimes, although the State does not specifically direct a mandate to municipalities, it effectively imposes one.
In some cases, the General Assembly considers legislation that a municipality may adopt by local option which, as a practical political matter, the town or city cannot avoid.
A case in point is HB 5317, which 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.
Although HB 5317 is voluntary in appearance, it is a de facto mandate, in that, as a practical political matter, a town or city will be required to reduce the interest rate. This could open up a $14.5 million hole in municipal budgets during a time when our poorer communities, in particular, are barely holding on.
Municipal officials understand the desire to provide property tax relief during the most challenging fiscal times our state has faced in recent memory. CCM is the chief advocate for property tax relief in Connecticut.
Let's be frank: Towns and cities are also facing challenging times. Connecticut towns and cities have made uncomfortable budget cuts and are making preparations for additional cuts. In Connecticut's central cities and poorer towns, the situation is increasing 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.
We all want to reduce property taxes, which, in turn, reduces the likelihood of taxpayer delinquency. The better approach would be to enact meaningful property tax reform.
The State should examine municipal funding streams like PILOT reimbursement for state-mandated revenue losses on state property and for private colleges and hospitals, education aid (including special education), school transportation, and Pequot and Mohegan grants to ensure that they are living up to their statutory obligations. The State should also reduce the existing 77 statutory property tax exemptions.
When the public thinks about the public services that affect their lives, they are generally thinking of services provided by local government: education, public safety (police and fire, code enforcement), health, roads, solid waste and recycling collection, elderly and youth services and more. Connecticut's quality of life during these hard times depends on maintaining delivery of these important local services.
CCM urges the General Assembly to oppose HB 5317 and instead focus on comprehensive property tax reform as a way to assist all hard-pressed taxpayers. It's the fairest way to provide relief during this very difficult period. This "local option" bill is a stealth unfunded state mandate. It allows the appearance of helping property taxpayers -- without doing the heavy lifting of comprehensive property tax reform.
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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 5121
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PEST MANAGEMENT ON SCHOOLS GROUNDS
Section 3 of this bill would take a fight that has to date been unsuccessful - to ban pesticides statewide - from the state level and create an emotional political tool for IPM opponents to use against municipal officials.
The Department of Energy and Environmental Protection, in conjunction with the US Environmental Protection Agency, already significantly regulate pesticides. Both agencies have the resources and scientific expertise at
their disposal to make the needed decisions regarding toxicity and public health. Local governments do not have those same resources. Towns and cities are already dealing with huge budget crisis, and balancing trying to continue to meet current local service needs, without now being asked to make scientific decisions on already regulated products.
Instead, municipalities should be reinstated their ability to address pest populations through the use of Integrated Pest Management (IPM) programs, as wisely proposed in HB 5155 "An Act Modifying the Ban on Pesticide Applications on School Grounds." HB 5155 is a common sense approach to balancing the management of school grounds in Connecticut - which 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: Environment 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 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, create several new administrative mandates on employers (i.e., local officials) that would impact how municipalities maintain and make accessible personnel files. This new mandate would: (1) specify timelines on how quickly local officials must provide current or former employees with access to files, (2) mandate towns and cities provide employees with copies of documentation of any disciplinary action or termination, and (3) mandate local officials notify employees that they can include a written statement in their personnel file disagreeing with the employer's discipline, evaluation, or termination of the employee. This bill has been analzyed incorrectly, as it would undoubtedly impose new mandates on towns and cities with already limited staff and resources.
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 strained towns and city halls.
Current Location: House Floor
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HB 5260
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MOSQUITO ABATEMENT
It is our understanding that one of the chemicals listed in this bill, methoprene, is often used to address mosquito populations. Treatment for mosquitoes, especially near water bodies, is necessary to combat the health problems they pose such as West Nile Virus and Eastern Equine Encephalitis.
Furthermore, we understand that the Connecticut Department of Public Health is also raising concerns with this bill, citing that there is no conclusive scientific evidence that methoprene has had an impact on the lobster population.
Therefore, before taking any action on such a proposal and potentially hampering local public health efforts against mosquito populations, CCM urges the General Assembly to ensure that: (1) the proper scientific studies have been conducted; (2) conclusive scientific evidence supports such a ban; and (3) a comparable alternative for addressing mosquitoes is provided.
Current Location: Environment 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. This bill is an example of a tone-time issue en route to becoming a statewide policy.
Current Location: House Floor
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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
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NEW MANDATES ON SCHOOL TIME AND RESOURCES-CPR AND AED TRAINING
Would mandate (1) new curriculum on CPR and AED in schools and (2) minimum levels of daily physical exercise.
CCM does not take issue with the policy goals that this bill represents. However, we must clearly point out that each one of these bills would add yet another unfunded state mandate on school time, school curriculum, school staffing, and school resources.
Each year new curriculum mandates, and others, are proposed. Absent relief from other unfunded mandates, either property taxes will have to be raised or local services cut in order to accommodate yet another one.
Even with the proposed one-time increase in ECS, there is significantly inadequate state funding to local governments to meet the costs of the hundreds of existing mandates on towns and cities and school districts.
Current Location: Public Health Committee
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HB 5353
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NEW EDUCATION MANDATE - IEP's
Would mandate additional teacher preparation and in-service training, along with additional meetings, with regard to individualized education programs (IEPs). In addition, would require an IEP for any deaf or hearing impaired children.
CCM is not taking issue with the policy goals that this bill represents, However, this bill would add yet another unfunded state mandate on school time, school curriculum, school staffing, and school resources.
Even with the proposed one-time increase in ECS, there is significantly inadequate state funding to local governments to meet the costs of the hundreds of existing mandates on towns and cities and school districts.
Current Location: House Floor
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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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POLICY FOR SCHOOL-BASED ARRESTS
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
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 is sympathetic to the intent of the bill, 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 107
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PERMIT EXPIRATION EXTENSIONS
Would (1) extend the expiration date for certain inland wetland permits for up to 5 years and (2) eliminate the ability of inland wetland commissions to set specific times by which regulated activity for site or subdivision plans must be conducted.
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 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: Senate Floor
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SB 262
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NEW PROPERTY TAX EXEMPTION
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 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: Senate Floor
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SB 364
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TRAFFIC STOP INFORMATION
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. Police officers would have to analyze the data obtained in a manner prescribed by the bill.
Current Location: Senate Floor
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SB 376
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RESTRICTS LOCAL AUTHORITY OVER PROPOSED COASTAL SITE PLANS
Would essentially create an "automatic acceptance" of any proposed coastal site plan for a shoreline flood and erosion control structure is such plan includes (1) three alternative options and (2) certification of such
alternative options by a structural engineer. In addition, the only method provided in the bill for a municipal zoning commission to raise issue with a proposed plan would be to propose an alternative option that would not
have a total cost in excess of 15% of the assessed value of structures located on the property.
CCM is unaware of any other regulation that would require a local commission to come up with an alternative design plan for any proposed project, as a means to take issue with the proposal.
The implications of this bill could be far reaching and detrimental to the protection of certain sensitive lands along coastal boundaries.
Current Location: Senate Floor
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SB 455
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MANDATES SET-ASIDES
Would require towns and cities to comply with the State women and minority-owned business 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: Senate Floor
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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: Senate Floor
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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:
CCM supports this bill as a statewide approach.
The Connecticut Department of Energy and Environmental Protection (DEEP) is in the process of implementing a "Phosphorus Reduction Strategy for Inland Non-Tidal Waters ("Strategy")" which will impact at least 40 municipalities across Connecticut and cost millions of dollars in plant upgrades to comply.
CCM believes that a new mandate such as this, which will have huge fiscal implications, should emanate through either the regulatory or legislative process. Therefore, CCM urges the General Assembly to amend the bill and (1) require DEEP to promulgate regulations to address Phosphorus and (2) expand the use of Clean Water Fund grants and loans to include "nutrient" reduction requirements above and beyond nitrogen.
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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