| April 25, 2012 | 2012, Issue #11 |
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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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77 State-Mandated Property Tax Exemptions: What's One More?
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Too often municipalities in Connecticut are forced to carry out state policies with little or no state funding. It is fundamentally inappropriate and inequitable to force towns and cities to assume all or most of the costs of policies the State has decided to implement - and thus to pass these costs on to local property taxpayers. It's buying something that may be good - but with someone else's money.
Towns and cities lose staggering amounts of revenue as the result of about 77 state-mandated property tax exemptions including exemptions from the real and personal property owned by the State and by private colleges and hospitals. These state-imposed obligations and state-imposed revenue losses force all municipalities to increase their property tax rates.
For Connecticut's major urban centers - the hubs of our regions - the problem is devastating. Bridgeport, Hartford, New Haven and Waterbury lose at least $115 million in property tax revenue due to these state-mandated exemptions and low reimbursement rates. This total represents lost taxes on real property only and does not include revenue lost on personal property.
Every year, there are several proposals to expand the property tax exemption list, usually proposals with earnest intent. However, such proposals mean a reduction in needed services or property tax hikes.
PROPOSED NEW MANDATED PROPERTY TAX EXEMPTION
A proposal this year, HB 5538, would exempt solar panels and other such installations on business and industrial property from the property tax. The proponents argue of about the benefits of solar energy. Make no mistake -- local officials do not question the merit of property tax exemptions. However, local officials object when the State does not (1) provide commensurate funding to implement and deliver what these mandates require, and (2) adjust certain onerous state mandates to conform with the current economic climate.
- We urge you to take no action on HB 5538.
FOCUS ON MANDATES RELIEF INSTEAD
CCM urges the General Assembly to focus on mandates relief instead. Proposals like HB 5035 provide big property tax relief - now!
HB 5035 would clarify municipal authority to assess partially constructed structures. Not enacting this proposal could cost municipalities approximately $30 million statewide in lost property tax revenue.
- We urge you to protect property taxpayers by passing HB 5035 right away.
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| PROPOSED NEW UNFUNDED MANDATES | |
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HB 5016
File#: 537
Hse. Cal#: 392
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RESOURCES RECOVERY TESTING COSTS
Section 2 would shift a cost of $300,000, from the State to communities, by relieving DEEP of the obligation to reimburse resources recovery facilities for various testing costs. Municipalities would incur higher tipping fee costs as a result of this proposal.
Current Location: House Floor
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HB 5024
File#: 303
Hse. Cal#: 243
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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: Appropriations Committee
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HB 5170
File#: 212
Hse. Cal#: 180
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TRAFFIC CONTROL DEVICES
Would require municipalities to cover the costs associated with installing traffic improvements for certain developments.
Current Location: House Floor
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HB 5203
File#: 21
Hse. Cal#: 60
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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
File#: 59
Hse. Cal#: 80
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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) and health insurance coverage 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
File#: 98
Hse. Cal#: 110
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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
File#: 386
Hse. Cal#: 296
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MOSQUITO ABATEMENT
Would hamper local efforts to control mosquito populations by banning the use of methoprene in certain locations across the state. This product is often used by local health districts to address mosquito populations, which is necessary to combat mosquito borne disease such as West Nile Virus and Eastern Equine Encephalitis.
It is our understanding that the Connecticut Department of Public Health is also raising concerns with this bill, citing at there is no conclusive scientific evidence that methoprene has had an impact on the lobster population.
Therefore, before banning a product, 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: House Floor
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HB 5314
File#: 58
Sen. Cal#: 371
Hse. Cal#: 79
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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 one-town issue en route to becoming a statewide policy.
Current Location: Senate Floor
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HB 5317
File#: 86
Hse. Cal#: 98
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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 de facto mandate could create a $14.5 million hole in municipal budgets.
Current Location: House Floor
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HB 5320
File#: 349
Hse. Cal#: 275
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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: House Floor
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HB 5348
File#: 442
Hse. Cal#: 339
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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 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: Appropriations Committee
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HB 5353
File#: 183
Hse. Cal#: 150
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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
File#: 351
Hse. Cal#: 277
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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: House Floor
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HB 5432
File#: 394
Hse. Cal#: 304
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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: House Floor
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HB 5454
File#: 353
Hse. Cal#: 279
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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: House Floor
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HB 5538
File#: 360
Hse. Cal#: 286
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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: House Floor
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SB 92
File#: 326
Sen. Cal#: 256
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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, the expense associated with purchasing the locked boxes and the administrative burdens it poses on municipal police departments is nothing short of an UNFUNDED STATE MANDATE. 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: General Law Committee
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SB 97
File#: 17
Sen. Cal#: 59
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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
File#: 18
Sen. Cal#: 60
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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
File#: 67
Sen. Cal#: 86
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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
File#: 271
Sen. Cal#: 228
Hse. Cal#: 432
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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.
Current Location: House Floor
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SB 360
File#: 267
Sen. Cal#: 210
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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
File#: 280
Sen. Cal#: 230
Hse. Cal#: 433
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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. Allows OPM to "order an appropriate penalty in the form of withholding state funds [from OPM] of the Department of Emergency Services and Public Protection.
Current Location: House Floor
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SB 376
File#: 282
Sen. Cal#: 221
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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.
OFA has identified this bill as an Unfunded State Mandate with a "potential significant" impact if municipalities must hire a structural engineer to develop alternative site plans. 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.
In addition, 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
File#: 534
Sen. Cal#: 383
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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. OFA has designated this bill as a "STATE MANDATE" that may "increase the costs of certain contracts." There would be administrative costs also. CCM urges the General Assembly to wait until an in-the-works Disparity Study is conducted and completed before expanding the law. The study will provide essential information on the state of women and minority contractors in Connecticut.
Current Location: Senate Floor
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| PROPOSED MANDATES RELIEF | |
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HB 5035
File#: 532
Hse. Cal#: 72
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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.
This is a CCM priority proposal.
Current Location: House Floor
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HB 5315
File#: 84
Sen. Cal#: 241
Hse. Cal#: 96
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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
File#: 87
Sen. Cal#: 389
Hse. Cal#: 99
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CHARTER REFORM
Would allow municipalities to enact charter reform without having to make wholesale changes.
Current Location: Senate Floor
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SB 27
File#: 152
Sen. Cal#: 138
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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
File#: 191
Sen. Cal#: 180
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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 218
File#: 109
Sen. Cal#: 107
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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
File#: 364
Sen. Cal#: 269
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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: Senate Floor
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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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