May 13, 2013 
2013, Issue #14

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.

 

 - Please feel free to share this report with 

other officials in your community. -

 
IMPORTANT INFORMATION IN THIS ISSUE
ISSUE OF THE WEEK
MYTH vs FACT
UNFUNDED MANDATES
MANDATES RELIEF
CCM = KEEPING MEMBERS INFORMED
DE FACTO MANDATES
MANDATE

By definition, a state mandate is "any state initiated constitutional, statutory or executive action that requires a local government to establish, expand or modify its activities in such a way as to necessitate additional expenditures from local revenues, excluding any order issued by a state court and any legislation necessary to comply with a federal mandate."  However, in practice, these onerous state laws and proposals come in a variety of forms.  In some cases, the General Assembly passes legislation that a municipality may adopt by local option which, as a practical political matter, local government cannot avoid.  Thus, the State imposes chameleon-like mandates termed optional or "de facto" mandates.

Make no mistake, this circuitous breed of state mandates can impose an equally negative burden on towns and cities - particularly on shifting costs onto residential and business property taxpayers.

"De facto" mandates are those proposals that provide municipalities with various "options" that would, for example, expand criteria and eligibility for local property tax exemptions.  By codifying such 'options' the State politically wedges local officials into enacting many of the proposals - despite potential negative fiscal impacts.  Critics are clear to point out, "so what, towns and cities don't have to enact the options."  Again, the political reality is that they often have no choice.  

Current proposals, such as SB 820, is an example of a "de facto" mandate during the final weeks of the 2013 legislative session.  SB 820 would allow the 'option' to charge 33% less to residents that fail to pay their local property taxes (from 1.5% to 1%, interest per month).  This proposal could create a $14.5 million hole in municipal budgets.  Residents and businesses pay higher fees for delinquent state taxes, because towns do not charge a penalty.  For example: A person owes $10,000 in back taxes.  After one month in arrears, a town would assess a $150 fee.  However, for delinquent state income taxes, the person would owe the State $1,100 in fees.  This proposal would provide delinquent taxpayers incentives to not pay property taxes on time.  In a situation such as this, the State seeks to buy good will from a segment of the public - with local property tax dollars.  

Good intentions can have unintended consequences - as would be the case with many "de facto" mandate proposals.  Simply put, in times like these -- our hometowns cannot afford new unfunded state mandates, "de facto" or otherwise.  The General Assembly should take no action on "de facto" mandate proposals.  

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For more information, please contact Bob Labanara of CCM.

CCM ISSUES "Just The Facts" ON KEY ISSUES

CCM has published the following fact checks on key issues pending before the 2013 General Assembly: 

 

MYTH vs FACT

 

Oppose SB 923

 

TIME FOR A REALITY CHECK
Support SB 902 and SB 1112

 

 

MANDATES - ALIVE & WELL
Every year, no matter the fiscal condition of our state and municipalities, many new unfunded mandates on towns and cities are proposed.    

Some of these proposals would impose large burdens on local government, some small...ALL of the proposals would further exacerbate the burden on local residential and business property taxpayers.  Municipalities are continuously struggling to balance the demands for local services and implement new state mandates with.

Unfunded State Mandates are alive and well, despite the dire situation facing municipalities.

Towns and cities are facing potential colossal state aid reductions, including at least $128 million of cuts in general (unrestricted) municipal aid and a $700 million loss of motor vehicle property tax revenue.  The state budget proposal would also eliminate three out of four PILOT programs.

CCM urges legislators to carefully consider the collective impact of partially- and unfunded mandates on towns and cities before acting on any legislation.

 

 

PROPOSED NEW UNFUNDED MANDATES

 

HB 5102

File#: 766

Sen. Cal#: 0

Hse. Cal#: 278

STATE-WIDE MILL RATE FOR MOTOR VEHICLES
Would create a state-wide mill rate for motor vehicles. As written, the bill sets up winners and losers among municipalities -- some will gain revenue, some will lose revenue. Also, requires revenue to go to the State to be doled out to municipalities.

The M.O.R.E. Commission is working on a compromise proposal.

 

 

Current Location: House Floor

HB 5113

File#: 393

Sen. Cal#: 0

Hse. Cal#: 261

POOL SAFETY 
Would require two staff members who are certified as lifeguards to be located in the pool area during any swim instruction or school-sponsored swimming event. Also, would require a pool safety plan to be updated prior to the start of each school year.

As formal language is developed, CCM urges taking a balanced approach to ensure public safety is protected while also being sensitive to the potential fiscal impact on towns and cities.

 

 

Current Location: House Floor

HB 5441

File#: 355

Sen. Cal#: 0

Hse. Cal#: 234

SIGNIFICANT MUNICIPAL HEALTH CARE MANDATE -- TOWNS FORCED TO JOIN STATE PLAN 
Would, among other things, create the "Public Employee Health Plan" (PEHP) to provide health insurance for certain municipal employees, including board of education employees -- and would mandate that municipalities enroll in the plan. It would also prohibit risk-pooled health care or health insurance coverage from municipal employees' collective bargaining, except for bargaining related to the premiums contributed by unionized employees.  Although this proposal would not supersede contracts in effect on July 1, 2014 -- it would apply once such contracts expire. 

Simply put:  the bill ignores the daunting fiscal challenges facing our hometowns, eliminates local option, and distracts lawmakers from working on actual solutions.   

 

 

Current Location: House Floor

HB 5599

File#: 35

Sen. Cal#: 0

Hse. Cal#: 63

PROVISIONAL BALLOTS - COST SHIFT TO MUNICIPALITIES
Would authorize the use of provisional ballots in state and municipal elections and primaries.  However, shifts the burden to print such ballots from the Secretary of the State's office to towns and cities.

 

 

Current Location: House Floor

HB 5600

File#: 624

Sen. Cal#: 0

Hse. Cal#: 413

MANDATED INTERNET ACCESS  
Among other things, Section 1 would mandate that towns and cities provide all registrars' of voters offices with Internet access.

Registrar's already have the ability to set their own budgets; such needs should be incorporated into it.

 

 

Current Location: House Floor

HB 5610

File#: 701

Sen. Cal#: 513

Hse. Cal#: 129

MUNICIPAL ICE CREAM PERMITS

Would require a municipality that issues soft-serve ice cream permits to issue them no later than 7 days after applications have been submitted.  

CCM is unaware of any statewide problem that would necessitate this bill.  Current language continues to be ambiguous as to whether it could apply to a town or health district, or whether it is referring to ice cream manufacturing permits or peddler permits.  The requirement that the issuance or denial of a permit occurs within 7 days is an undue burden on municipal employees.  It is unclear whether the timeline references business or calendar days.  Further, it does not coincide with many other municipal permits that require an average approval period of 30 days. 

 

Current Location: Senate Floor

HB 5718

File#: 426

Sen. Cal#: 422

Hse. Cal#: 279

MUNICIPAL AUTHORITY TO PROVIDE TAX ABATEMENTS TO ENCOURAGE RESIDENTIAL DEVELOPMENT 
Would increase costs to towns by decreasing, from $25,000 to $10,000, the threshold for properties to be eligible for a property tax exemption of 50% of the assessed value of certain improvements.

 

 

Current Location: Senate Floor

HB 6015

File#: 399

Sen. Cal#: 0

Hse. Cal#: 267

9-1-1 FEES
Would prohibit municipalities from charging a fee for making multiple 9-1-1 telephone calls requesting emergency services to be dispatched.

Current language remains ambiguous as to whether it would provide exemptions for certain types of calls/fees.

 

Current Location: House Floor

HB 6311

File#: 572

Sen. Cal#: 556

Hse. Cal#: 358

BREED-SPECIFIC ORDINANCES
Would Prohibit municipalities from enacting breed-specific dog ordinances.

 

Current Location: Senate Floor

HB 6320

File#: 14

Sen. Cal#: 0

Hse. Cal#: 39

MANDATED EXPANSION OF HEALTH INSURANCE COVERAGE 
Would, among other things, mandate the expansion of health insurance coverage for intravenously administered medications for the treatment or palliation or therapeutic intervention for the prevention of disabling or life-threatening chronic diseases. 

Identified by OFA as a "STATE MANDATE" that would impose new costs on towns and cities.

 

 

Current Location: House Floor

HB 6354

File#: 778

Sen. Cal#: 0

Hse. Cal#: 537

POTABLE WATER MANDATE  
Would impose a $200,000 mandate on towns and cities by relieving DEEP of the responsibility to provide potable water to residences and K-12 schools, under certain circumstances.  Municipalities and residents would now be burdened with this responsibility.

 

 

Current Location: House Floor

HB 6375

File#: 791

Sen. Cal#: 566

Hse. Cal#: 69

UNIFORM CRIME REPORTS
Would permit OPM to deny towns and cities state and federal law enforcement grants if uniform crime reports are not properly reported within 60 days.

 

Current Location: Senate Floor

HB 6400

File#: 128

Sen. Cal#: 0

Hse. Cal#: 110

CRIMINAL BACKGROUND CHECKS
Would require that municipalities, among others, pay for criminal history records checks for directors and assistant directors of youth camps.

 

Current Location: House Floor

HB 6434

File#: 86

Sen. Cal#: 0

Hse. Cal#: 84

MANDATE VOLUNTEER FIRE DEPARTMENTS UNDER STATE OSHA
Would, among other things, mandate that local volunteer fire departments are regulated under the State Occupational Safety and Health Act (OSHA).  This proposal is unnecessary as local volunteer departments currently comply with federal OSHA laws and regulations.  Furthermore, this proposed mandate would contradict a recent decision by the Connecticut Supreme Court which confirmed that such departments do not fall within the State's OSHA jurisdiction (see Mayfield v. Goshen Volunteer Fire Company, Inc., 2011). 

 

Current Location: House Floor

HB 6495

File#: 368

Sen. Cal#: 0

Hse. Cal#: 248

REVISIONS TO THE MOTOR VEHICLE STATUTES 
Would make changes to certain DMV statues.

* Section 10 would allow for more flexibility for tax collectors when reporting tax delinquencies or the settlement of delinquencies to the DMV.
* Section 11 would also make changes to the current process used to issue a Q license endorsement for the operation of a fire apparatus. 

In addition, would require that the CT Fire Academy adopt standards for the license and that local fire departments test and certify its members for Q license eligibility.  This proposal has raised some concerns for some municipal departments and raised potential cost and liability questions.

CCM urges the removal of Section 11 before passage of the bill.

 

 

Current Location: House Floor

HB 6505

File#: 794

Sen. Cal#: 572

Hse. Cal#: 209

RESTRICTING FEES FOR EXTRACURRICULAR ACTIVITIES
Would "allow" municipalities to establish a policy to waive fees for extracurricular activities for students who demonstrate a financial need.  Any municipality that does not establish such a policy must waive such fees if a student demonstrates financial need.

It is important to keep in mind that, due to current fiscal constraints on local budgets, the only way that some of these programs are offered at all is if a fee is charged for participation.

 

Current Location: Senate Floor

HB 6536

File#: 507

Sen. Cal#: 560

Hse. Cal#: 324

NEW FEES FOR GENERAL PERMITS 
Would allow DEEP to assess annual fees on general permit holders, including municipalities, for the purpose of monitoring compliance with the terms and conditions of the general permit.

The application fee for general permits is meant to cover all costs associated.  Adding on an annual fee, for compliance monitoring, would increase costs across to the board for all permit holders.

Please note that this file (File 507) has a bad fiscal note attached to it indicating "None" for municipal impact, when indeed towns and cities are often general permitees and therefore would also be required to pay these annual fees.

 

 

Current Location: Senate Floor

HB 6538

File#: 329

Sen. Cal#: 0

Hse. Cal#: 229

NEW REQUIREMENTS FOR TREE WARDENS
Would require local tree wardens to complete certain coursework in order to maintain their appointment in this capacity.

This could increase costs to such individuals, which may put a chilling effect on their willingness to take on these positions - which are often voluntary positions.

 

Current Location: House Floor

HB 6546

File#: 230

Sen. Cal#: 0

Hse. Cal#: 173

NEW MANDATE ON HEALTH INSURANCE COVERAGE FOR PHYSICAL THERAPY
Would mandate health insurance providers cannot impose a coinsurance, co-payment, deductible or other out-of-pocket expense for physical therapy services that is greater than that by a primary care physician for an office visits to an osteopath.

Non-partisan staff at OFA state, this proposal "may result in a cost to certain fully insured municipalities...the requirements of the bill may result in increased premiums...".

 

Current Location: House Floor

HB 6565

File#: 632

Sen. Cal#: 0

Hse. Cal#: 420

MANDATED PROHIBITION ON PHASING IN DECREASES GRAND LISTS
Would prohibit municipalities from implementing a strategy of phasing in property revaluation for decreasing grand lists. Local officials need a certain level of discretion and flexibility that can best fit their communities as they navigate this stalled economy. To this end, HB 6565 would deny municipalities the option of phasing in a revaluation on a decreasing grand list and thus, prohibit local officials from possibly lessening the burden of looming property tax shifts. Towns and cities need options as they face the challenges of this fiscal climate - this proposed state mandate would limit such options.

 

Current Location: House Floor

HB 6663

File#: 673

Sen. Cal#: 0

Hse. Cal#: 466

POLICY FOR POLICE MISCONDUCT COMPLAINTS  
Would require towns and cities to adopt written policies governing the receipt of complaints from members of the public alleging misconduct committed by law enforcement agency personnel.

The policy would also need to be made available to the public at town hall and on their website (if they have one).

 

 

Current Location: Appropriations Committee

SB 4

File#: 596

Sen. Cal#: 433

Hse. Cal#: 0

EARLY VOTING 
Would establish an early voting program, which would increase the duties and responsibilities of local registrars of voters' offices.

Former Attorney General Blumenthal issued an opinion stating that a Constitutional amendment is needed in order to modify the process for statewide elections.  In addition, the costs associated with implementation of early voting would be staggering.

CCM urges (1) the establishment of a pilot study to be conducted; (2) allowing for Election Day registration to be fully implemented; and (3) working towards a Constitutional amendment to get voter input.

 

 

Current Location: Senate Floor

SB 70

File#: 241

Sen. Cal#: 211

Hse. Cal#: 435

EXPANDED TAX EXEMPTION ELIGIBILITY  
Would among other things, make certain veterans' benefits available, if they were otherwise denied due to certain factors. 

Although this proposal is well-intended, it would create new costs on strained local budgets.  Identified by non-partisan staff at OFA as a "STATE MANDATE" on hometowns, towns and cities would "incur a cost to the extent that this bill increases the number of veterans who qualify for the basic exemption and for the additional exemption". 

 

 

Current Location: House Floor

SB 203

File#: 242

Sen. Cal#: 205

Hse. Cal#: 437

PROPERTY TAX EXEMPTIONS FOR RENEWABLE ENERGY SOURCES ON COMMERCIAL AND INDUSTRIAL PROPERTIES 
Would exempt commercial and industrial renewable energy sources on properties from the property tax.  This would be tax exemption #78.

It is a costly unfunded state mandate that would kick in on January 1, 2014, for material installed after that date. 

This proposal should be at local option, so that municipalities that wish to abate taxes may do so.  Towns and cities should not be force to provide yet another exemption to an industry. 

 

 

Current Location: House Floor

SB 383

File#: 557

Sen. Cal#: 407

Hse. Cal#: 0

PROPERTY TAX EXEMPTIONS -- DE FACTO MANDATE
A de facto mandate, would provide municipalities with the "option" of expanding the municipal tax exemption for one hundred per cent of disabled veterans."

 

Current Location: Senate Floor

SB 387

File#: 49

Sen. Cal#: 108

Hse. Cal#: 0

MANDATED INCREASES TO MINIMUM WAGES 
Would among other things, raise the hourly minimum wage from its current $8.25 to $9.00 on January 1, 2014, and from $9.00 to $9.75 on January 1, 2015.

CCM is concerned that the effective date could blindside towns, which are finalizing budgets. Towns have not budgeted for minimum wage increases that would go into effect in FY 14.

Starting in 2016, would require annual minimum wage adjustments based on increases in the Consumer Price Index for tri-state area urban wage earners and clerical workers (CPI), as calculated by the U.S. Bureau of Labor Statistics.  The non-partisan Office of Fiscal Analysis concluded: " 

An increase in the state minimum wage will have a fiscal impact on the payroll of state and municipal employees (primarily general workers, summer workers... seasonal workers, student and senior workers)....The bill also increases costs to municipalities that employ minimum wage workers. 

It is estimated that the City of New Haven would incur costs of approximately $58,000 in FY 14 and $220,000 in FY 15. The City employed approximately 1,100 workers in 2012 who earned either minimum wage, or earned higher than minimum wage but lower than the hourly rates set in the bill. As an additional example, the Town of Avon would incur costs of $8,000 in FY 14 and $28,000 in FY 15 as a result of the bill. The Town employs approximately 60 seasonal minimum wage workers in its Parks and Recreation and Public Works departments.

 

 

Current Location: Senate Floor

SB 599

File#: 5

Sen. Cal#: 40

Hse. Cal#: 440

MANDATED HEALTH INSURANCE COVERAGE FOR RX DURING AN APPEAL
Would mandate health insurance coverage (specifically, coverage for the cost of filling a prescription) for circumstances when an insured's prescription must be filled despite having filed a grievance or appeal of a claim denial. 

According to the Office of Fiscal Analysis, this mandate would impose a new cost on municipalities and "may result in increased premium costs when municipalities enter into new health insurance contracts...".

 

Current Location: House Floor

SB 620

File#: 782

Sen. Cal#: 409

Hse. Cal#: 0

MUNICIPAL AUDITS 
Would (a) require the State Auditors to conduct a detailed audit of a municipality and (b) require OPM to develop a Uniform Chart of Accounts.

Implicit in this bill is that towns and cities are wasteful and full of fat - especially towns that receive a significant amount of state aid.  Under deep fiscal constraints for years, towns and cities have been reducing services, laying off employees and (grudgingly) raising taxes.

OFA says one audit of a large city could cost the State from $750,000 - $1.5 million.

 

 

Current Location: Senate Floor

SB 820

File#: 257

Sen. Cal#: 228

Hse. Cal#: 0

INTEREST ON DELINQUENT PROPERTY TAXES - DE FACTO MANDATE 
A de facto mandate, would allow the 'option' to charge 33% less to residents that fail to pay their local property taxes (from 1.5% to 1%, interest per month).  Could create a $14.5 million hole in municipal budgets.

Residents and businesses pay higher fees for delinquent state taxes, because towns do not charge a penalty.  For example: A person owes $10,000 in back taxes.  After one month in arrears, a town would assess a $150 fee.  However, for delinquent state income taxes, the person would owe the State $1,100 in fees.

This proposal would provide delinquent taxpayers disincentives to pay property taxes on time.  

 

 

Current Location: Finance, Revenue and Bonding Committee

SB 823

File#: 53

Sen. Cal#: 109

Hse. Cal#: 0

MANDATED MENTAL STRESS WORKERS' COMPENSATION BENEFITS 
Would mandate the expansion of workers' compensation coverage to all individuals diagnosed with mental or emotional impairments as a result of witnessing the death or maiming of another human being - regardless if there was any physical injury or use of deadly force by the claimant.

This highly subjective, new unfunded state mandate would place into law -unprecedented, extremely ambiguous standards such as "witnessing", "maiming" and "immediate aftermath" that would trigger costly, wage-replacement benefits - that local taxpayers would have to pay for.

According to OFA: "the bill will result in potential costs for municipalities...".  Depending on the claims, such additional costs could range from tens-of-thousands to up to $1 million, per claim.  This mandate would be applicable to both the public and private sectors.

 

 

Current Location: Senate Floor

SB 857

File#: 340

Sen. Cal#: 256

Hse. Cal#: 0

LOCAL HEALTH INSURANCE PLAN MANDATE 
Would, among other things, prohibit local health insurance policies from requiring anyone covered under them to use any alternative brand name prescription or over-the-counter drugs before using a brand name prescription drug prescribed by a licensed physician. 

Identified by OFA as a "STATE MANDATE" on municipalities -- would "increase costs to certain fully-insured, municipal plans...", which "may result in increased premium costs..." on towns and cities. 

 

 

Current Location: Senate Floor

SB 858

File#: 32

Sen. Cal#: 93

Hse. Cal#: 379

MANDATED EXPANSION OF HEALTH INSURANCE COVERAGE FOR TELEMEDICINE 
Would mandate health insurance coverage for medical advice, diagnosis, care or treatment provided through telemedicine.  State-mandated expansions of health insurance would increase insurance costs and thus premiums, which would eventually be borne by policy holders, including municipalities.

OFA agrees, concluding that this new mandate "...may result in increased premium costs.." on municipalities.

 

 

Current Location: House Floor

SB 862

File#: 31

Sen. Cal#: 95

Hse. Cal#: 0

MANDATED EXPANSION OF HEALTH INSURANCE COVERAGE FOR LUNG CANCER SCREENING 
Would mandate health insurance policies cover certain screening tests for lung cancer. 

State-mandated expansions of health insurance coverage would increase insurance costs and thus premiums, which would eventually be borne by policy holders, municipalities.  OFA agrees, stating "The coverage requirements may result in increased premium costs..." to municipalities. 

 

 

Current Location: Senate Floor

SB 896

File#: 418

Sen. Cal#: 281

Hse. Cal#: 0

HOMELESS PERSON'S BILL OF RIGHTSHOMELESS PERSON'S BILL OF RIGHTS

Would, among other things, require towns and cities post homeless persons' bill of rights in town halls.  SB 896 does not require the posting of the bill of rights in state offices - where many more people would be made aware of the document.  SB 896 should be amended to require postings in state offices - or the requirement for towns should be deleted.

 

Current Location: Senate Floor

SB 906

File#: 65

Sen. Cal#: 125

Hse. Cal#: 0

PAYROLL MANDATE
Would mandate towns and cities, among others, make electronic direct deposit of wages to separately distinguish wages and other payments, such as reimbursements. 

According to OFA: "potential costs to municipalities vary based on: 1) how municipalities currently report payroll information to banks; 2) their current IT resources; and 3) how they implement the bill." 

Simply put, local officials could be forced to cover expenses of costly payroll software upgrades as a result of this new mandate.

 

Current Location: Senate Floor

SB 907

File#: 313

Sen. Cal#: 236

Hse. Cal#: 0

DISCONTINUANCE OF BENEFITS MANDATE 
Would, among other things, prevent local officials from determining a discontinuance, reduction or denial of courses of treatment provided under workers' compensation - unless submitted in writing to the Commissioner and related physician, and ultimately approved by the Commissioner.

This proposal would place the burden of proof on cash-strapped towns and cities to justify scaling-down or completing treatment benefits.

According to OFA - this proposal would be a new "STATE MANDATE" on towns and cities which costs could be "potential[ly] significant".

 

 

Current Location: Senate Floor

SB 908

File#: 248

Sen. Cal#: 208

Hse. Cal#: 0

INCREASED LIABILITY & EXPOSURE TO EMPLOYEE LAWSUITS 
Would, among other things, allow prospective and current employees to bring a civil suit against municipalities regarding the use of certain background information.  This proposal would make the employer liable for damages, attorney's fees, and costs. Existing law, unchanged by this proposal, would still allow the Department of Labor to levy a $300 civil penalty for violations.

 

 

Current Location: Senate Floor

SB 925

File#: 189

Sen. Cal#: 193

Hse. Cal#: 0

OFF-DUTY HEART BENEFITS FOR FIREFIGHTERS
Would mandate workers' compensation benefits for all firefighters and police officers experiencing a cardiac emergency for up to 24 hours after they were on duty or in training. 

Thus, it would mandate a special  presumption under workers' compensation law that such specific employees' heart emergencies are to be considered  work-related -- regardless of whether on duty or not. 

By doing so, this proposal ignores commonly accepted risk factors of heart emergencies such as smoking, abnormal cholesterol, diabetes, high blood pressure, abdominal obesity, age, diet, and overall medical history - and instead, place the burden on hometown officials to prove otherwise. Local officials oppose state-mandated special benefits that presume off-duty illnesses are directly related to job activities. 

The fiscal implications of this proposal would be extraordinary, as OFA has concluded the costs on taxpayers could be "up to $1 million per claim." 

 

Current Location: Senate Floor

SB 956

File#: 72

Sen. Cal#: 124

Hse. Cal#: 0

MANDATED EXPANSION OF HEALTH INSURANCE COVERAGE
Would, among other things, mandate that health insurance policies cover the diagnosis and treatment of P.A.N.D.A.S. 

While sympathetic to the intent of this proposal -- any mandated expansion of insurance coverage will result in increased costs (i.e. premiums). OFA agrees: "the coverage requirements may result in increased premium costs...".

 

Current Location: Senate Floor

SB 961

File#: 194

Sen. Cal#: 196

Hse. Cal#: 0

ASSESSMENT FARM MACHINERY
Would, among other things, reduce municipal grand lists by expanding the mandatory property tax exemption for farm machinery.

CCM urges removal of Section 2(a) of this bill.

 

Current Location: Senate Floor

SB 981

File#: 196

Sen. Cal#: 179

Hse. Cal#: 0

USE OF PEST CONTROL PRODUCTS AT SCHOOLS 
Would further exacerbate the pest and field maintenance problems currently being experienced by local governments with school grounds by expanding the universe of properties that could not be treated with certain products.

CCM, and a broad coalition of municipal and agricultural entities, have long advocated for the creation of a balanced working group/task force to thoroughly examine and vet the facts surrounding field management, and provide recommendations as to how state policy should be structured - to ensure it is crafted in a manner that balances the need for proper and adequate field maintenance and ensure exposure to pest control products are minimized to the greatest extent possible for children and the general public.

 

 

Current Location: Senate Floor

SB 999

File#: 270

Sen. Cal#: 219

Hse. Cal#: 558

PENALTIES ON SCHOOLS 
Would impose a penalty on school districts of $100 per day for failing to transfer student records to a new school of enrollment within 10 business days.

CCM is unaware of any problem that would necessitate this bill.

 

 

Current Location: House Floor

SB 1000

File#: 197

Sen. Cal#: 182

Hse. Cal#: 0

NEW EXAMS FOR MEETING HIGH SCHOOL REQUIREMENTS

Would require the State Department of Education to establish a program to allow high school students to fulfill their graduation requirements through passing an exam.  

Municipalities would be burdened with the costs and staffing associated with administering and proctoring these exams.

 

Current Location: Senate Floor

SB 1029

File#: 199

Sen. Cal#: 188

Hse. Cal#: 559

MANDATED EXPANSION OF HEALTH INSURANCE COVERAGE FOR TREATMENTS OF AUTISM 
Would mandate the expansion of health insurance coverage for therapy services related to the treatment of autism spectrum disorder. 

While sympathetic to the intent of this proposal -- any mandated expansion of insurance coverage will result in increased costs (i.e. premiums).  OFA agrees:  "The coverage requirements may result in increased premium costs when municipalities enter into new health insurance contracts after passage of the law."

 

 

Current Location: House Floor

SB 1081

File#: 447

Sen. Cal#: 305

Hse. Cal#: 0

RECYCLING - Section 8 DE FACTO MANDATE

Among other things, (1) Section 3 would provide incentives for municipalities to move toward a "unit based pricing system" for solid waste disposal and (2) Section 8 would establish a municipal option property tax exemption for certain recycling machinery or equipment.

 

Section 3 should be amended to provide for a later deadline to allow more municipalities to take advantage of this program, should they want to.

Section 8 is a de facto mandate and should be deleted.  There should be no more property tax exemptions passed - whether mandated or allowed - to just further shift the burden of such taxes from one taxpayer to another.

 

Current Location: Senate Floor

SB 1097

File#: 544

Sen. Cal#: 389

Hse. Cal#: 0

TEACHER EVALUATIONS

The original language of this proposal would have postponed certain aspects of the Education Reform Act of 2012, including implementation of the new teacher evaluation program and reading assessment and intervention requirements.

 

However, as voted out of committee, the bill now puts the cart before the horse by requiring implementation of the new teacher evaluation requirements on the local level by July 2013, while requiring the State Board of Education to complete a model program for guidance to local boards by the same date.  And the UConn's Neag School of Education won't complete its study on this issue and report back to the state until January 2014.

 

It makes sense that the Neag School of Education study be completed before requiring local boards to implement the new teacher evaluations.  This would provide the State Board of Education guidance in drafting their model program.  Then local boards could be required to design and implement an evaluation program.

 

Current Location: Senate Floor

PROPOSED MANDATE RELIEF  

HB 5289

File#: 620

Sen. Cal#: 0

Hse. Cal#: 409

TIMING OF SPECIAL ELECTIONS

Would allow for the combining of special elections with regular elections in certain circumstances.

This could provide a savings to local government for administering the special election, as well as provide for greater voter participation, as it would be held on an already known date.

 

Current Location: House Floor

HB 5533

File#: 202

Sen. Cal#: 0

Hse. Cal#: 145

ADJUSTMENTS TO MERS CONTRIBUTIONS
Would allow for adjustments in the contribution rates for members of the Municipal Employees' Retirement System (MERS).  The retirement cost burden for MERS participating communities has skewed tremendously onto the municipalities in the last decade.  MERS is financed through employer contributions, employee contributions, and fund earnings.  Over the past 10 years, the State Employees Retirement Commission (SERC), which is authorized by the Legislature to do so, has increased contribution rates for municipalities participating in MERS 10 times.  Employee contributions rates are statutorily set and have never been adjusted.  According to OFA, this modest relief proposal would save MERS-participating towns and cities approximately $2.3 million in FY14 and $5.9 million in FY15.

 

Current Location: House Floor

HB 6355

File#: 286

Sen. Cal#: 0

Hse. Cal#: 196

RECORDING MORTGAGE ASSIGNMENTS

Would, among other things, require each assignor of mortgage debt (bank) to report biannually to the town clerk where the property is located.  If the assignment is not recorded in municipal land records, the assignor shall pay the State Treasurer the $53 assignment fee.  Of that amount, (1) $36 would be deposited into the State GF for the community investment account, (2) $2 would be deposited into the State General Fund for the historical documents preservation account, and (3) the remaining $15 would be remitted to the host municipality ($11 as general revenue and $4 for the preservation of historic documents and deposited into the town clerk fund).

 

Current Location: House Floor

HB 6437

File#: 755

Sen. Cal#: 520

Hse. Cal#: 247

MATTRESS STEWARDSHIP

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; (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.

According to an April 2011 survey conducted by the Department of Energy & Environmental Protection, a very conservative estimate of the current costs to towns and cities for managing the disposal of post-consumer mattresses in Connecticut exceeds $1.2 million each year. Similar to the Paint Stewardship and E-Waste programs preceding it, a properly designed Mattress Stewardship Program would take the financial and administrative burden of end-of-life disposal for these items off the back of towns and cities.

This is a no-cost proposal for the state and could result in significant statewide savings for municipalities.

 

Current Location: Senate Floor

HB 6634

File#: 635

Sen. Cal#: 585

Hse. Cal#: 423

PILOT PROGRAM COULD PROVIDE MUNICIPAL RELIEF  

Would establish a pilot program, in up to 20 municipalities, to explore having certain election-related documentation filed with the State Elections Enforcement Commission.

If this pilot program is successful, implementation could provide relief to local government from this responsibility.

 

Current Location: Senate Floor

SB 115

File#: 648

Sen. Cal#: 479

Hse. Cal#: 0

LOCAL INPUT ON SITING OF CERTAIN FACILITIES

Would allow for additional input and require approval of local officials before the siting of state Department of Corrections-sponsored nursing facilities serving inmates and mental health patients.

 

Current Location: Senate Floor

SB 692

File#: 415

Sen. Cal#: 292

Hse. Cal#: 441

MUNICIPAL COMPETITIVE BIDDING
Would provide towns responsible flexibility by increasing the threshold amount requiring competitive bidding, from $7,500 to $25,000.

Savings would be realized on all municipalities due to reduced administrative and advertising costs resulting from fewer contracts and purchases requiring sealed bidding.

 

Current Location: House Floor

SB 778

File#: 603

Sen. Cal#: 441

Hse. Cal#: 0

SAVINGS AND EFFICIENCY THROUGH POLLING PLACE CONSOLIDATION
Would allow municipalities, under certain circumstances, 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

SB 815

File#: 109

Sen. Cal#: 150

Hse. Cal#: 445

FINANCIAL EFFICIENCIES FOR NONEDUCATIONAL SERVICES
Would encourage municipalities and boards of education to consider ways in which to realize financial efficiencies and promote transparency in school budgets: would require a board of finance or board of selectmen to make spending recommendations and suggestions to a board of education regarding how such board of education may consolidate noneducational services and realize financial efficiencies. Suggestions must be made within 10 days of the date the board of education submits its budget estimate.  The board of education may accept or reject the suggestions.

 

Current Location: House Floor

SB 876

File#: 606

Sen. Cal#: 432

Hse. Cal#: 0

SCHOOL CONSTRUCTION - ROOF PITCH RELIEF

Among other things, would conform school roof pitch requirements with the state building code.

There has been no data to indicate that this change in roof pitch would hamper the integrity of buildings or impact the indoor air quality. Architects, who actually stand to profit more under the current statute, have indicated that the savings potential for this change could be as much as 50% for each roof and that taxpayer dollars should not be spent on a requirement that provides no benefit.

 

Current Location: Senate Floor

SB 901

File#: 484

Sen. Cal#: 369

Hse. Cal#: 0

POST ELECTION AUDIT RELIEF
Would provide relief from costly and time-consuming post-election audits by reducing the threshold, from 10% of all polling places, to 5%.

Such audits were put in place with the roll out of the new electronic voting machines, which have been tried and tested for many years now.  Reducing the threshold would continue to demonstrate the reliability of the machines, with a reduced impact on state and local resources.

 

Current Location: Senate Floor

SB 902

File#: 485

Sen. Cal#: 370

Hse. Cal#: 0

MODIFICATION OF LEGAL NOTICE MANDATE

Would provide significant relief from a long standing and outdated mandate on local governments by modifying the requirement to post the full text of all legal notices in local newspapers.

Municipalities are not seeking complete repeal of the law, but rather a modification that would:

*  Allow for publishing notice of the availability of a document in local newspapers, along with a summary and clear instructions as to how to get additional information or the complete text of the public document (municipal office where a hard copy can be obtained, a contact name and phone number that could be used to get more information, and the web address where an online version can be found).

*  Require newspapers to have a designated section for all such public notices to be listed in the publications' table of contents. Municipalities spend in excess of several million dollars per year statewide on this outdated mandate.

The costs of this current mandate exceed several millions of dollars each year State wide.

 

Current Location: Senate Floor

SB 917

File#: 47

Sen. Cal#: 107

Hse. Cal#: 0

USE OF PEST CONTROL PRODUCTS AT SCHOOLS

Makes an attempt to provide some relief to local governments for school grounds maintenance by permitting "organic" grub combating treatments, and pesticides that do not have a product label of "caution", "warning", or "danger" indication. 

However, according to experts in the field, there is only one product that would fit this narrow allowance and have any effectiveness in our climate - Acelepryn.  This would mean that state law would be actively promoting the product of one very lucky manufacturer.  Not to mention the fact that grounds managers understand that you cannot utilize the same product over and over, as it loses its effectiveness.  Rather, you must rotate product applications.  So, this bill would help groundskeepers for only one season.

CCM, and a broad coalition of municipal and agricultural entities, have long been advocating for the creation of a balanced working group/task force to thoroughly examine and vet the facts surrounding field management, and provide recommendations as to how state policy should be structured - to ensure it is crafted in a manner that balances the need for proper and adequate field maintenance and ensure exposure to pest control products are minimized to the greatest extent possible for children and the general public. Unfortunately, this plea has fallen on deaf ears. 

Absent this balanced examination and subsequent consensus policy proposal, we will again be back on this same issue year after year, with the competing positions.

 

Current Location: Senate Floor

SB 1112

File#: 423

Sen. Cal#: 285

Hse. Cal#: 0

MODIFICATION OF LEGAL NOTICE MANDATE

Would provide significant relief from a long standing and outdated mandate on local governments by modifying the requirement to post the full text of all legal notices in local newspapers.

Municipalities are seeking reasonable reform that would:

*  Allow for publishing notice of the availability of a document in local newspapers, along with a summary and clear instructions as to how to get additional information or the complete text of the public document (municipal office where a hard copy can be obtained, a contact name and phone number that could be used to get more information, and the web address where an online version can be found).

*  Require newspapers to have a designated section for all such public notices to be listed in the publications' table of contents. Municipalities spend in excess of several million dollars per year statewide on this outdated mandate.

 

Current Location: Senate Floor

"JUST THE FACTS" 

No spin. No jargon. CCM has launched an aggressive new statewide advocacy campaign to carry through the critical upcoming budget-making process up to the end of the 2013 General Assembly session in June.

 

The CCM message is concise and straightforward:

  

Just the Facts - Govs Budget 

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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 issues of concern.

 

In addition, CCM is is embracing today's new media outlets as a way to inform members and educate state elected officials and the public on CCM's advocacy efforts.  Please follow us on  Facebook and Twitter.

 

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...

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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:

                                                      ...or via phone at (203) 498-3000.