| May 15, 2012 | 2012, Issue # 13 - Pass/Fail |
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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.
This special report provides CCM members with information on which mandates/mandates relief proposals passed or failed in the General Assembly.
- Please feel free to share this report with
other officials in your community. -
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GENERAL ASSEMBLY ADJOURNS - SINE DIE
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The 2012 General Assembly adjourned its regular session, Sine Die, effective 12 midnight on Wednesday, May 9th.
Below is a pass/fail synopsis of bills that (1) contained mandates relief or (2) imposed unfunded mandates.
Staff is currently compiling CCM's Annual Report on the General Assembly - 2012, a comprehensive list of all bills passed that impact municipalities, to be published in June. To see reports from previous years, please see our web page CCM's Annual Reports on the General Assembly.
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| OUTCOME OF MANDATES RELIEF PROPOSALS | |
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HB 5035
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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.
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.
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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.
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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.
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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.
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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.
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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.
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SB 440
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PHOSPHORUS MANDATE RELIEF
Would (1) provide increased Clean Water Fund funding for municipal water pollution control projects concerning phosphorous removal; (2) ensure that DEEP collaborates with affected municipalities on the state's approach to dealing with phospohorus reduction in inland non-tidal waters, which will impact at least 40 municipalities across Connecticut and cost millions of dollars in wastewater treatment plant upgrades in order to comply; and (3) place some restrictions on the use of phosphorus containing fertilizers.
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SB 263
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LIABILITY OF ZONING ENFORCEMENT OFFICERS
Would provide for more creative land use practices by eliminating the penalty for treble damages against zoning enforcement officers for frivolous or without probable cause citations.
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| OUTCOME OF NEW UNFUNDED MANDATES PROPOSALS | |
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HB 5016
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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.
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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.
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HB 5170
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TRAFFIC CONTROL DEVICES
Would, among other things, create an Office of State Traffic Administration within the Department of Transportation. Mandate to require municipalities to cover the costs associated with installing traffic improvements for certain developments was removed.
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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.
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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.
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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.
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HB 5260
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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 taking the drastic measure of 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.
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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 one-town issue en route to becoming a statewide policy.
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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. It is a de facto mandate in that towns and cities would be required to lower the rate, as low as possible.
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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.
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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.
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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.
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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.
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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.
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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.
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HB 5538
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SOLAR PANEL EXEMPTION FROM PROPERTY TAXES
Would, of local option, require that towns and cities make solar panels and other such installations on business and industrial property exempt from the property tax.
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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...".
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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.
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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.
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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.
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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.
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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.
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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.
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.
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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
- 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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