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| PRIOR PRINTER'S NO. 1942 | PRINTER'S NO. 2133 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE RESOLUTION |
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| INTRODUCED BY EICHELBERGER, WAUGH, ERICKSON, RAFFERTY, GORDNER, ARGALL, COSTA, ROBBINS, FOLMER, BOSCOLA, MUSTO, ALLOWAY, FARNESE, FERLO, D. WHITE, WILLIAMS AND BRUBAKER, MAY 4, 2010 |
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| AMENDED, JULY 1, 2010 |
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| A RESOLUTION |
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1 | Directing the Joint State Local Government Commission to conduct | <-- |
2 | a comprehensive study of the number and types of mandates |
3 | placed upon Pennsylvania's local governments by the |
4 | Commonwealth. |
5 | WHEREAS, The cost of local government operations in this |
6 | Commonwealth is steadily increasing due to directives or |
7 | mandates placed upon local government units counties and other | <-- |
8 | municipalities by both the Federal Government and State |
9 | government; and |
10 | WHEREAS, An unfunded mandate is a statute or regulation that | <-- |
11 | requires a political subdivision to perform certain actions, yet |
12 | provides no money for fulfilling the requirements, while an |
13 | underfunded mandate provides less funding than the political |
14 | subdivision needs to carry out the task; and |
15 | WHEREAS, An unfunded mandate is a statute or its implementing | <-- |
16 | regulation that requires counties and other municipalities to |
17 | perform certain actions yet provides no money for fulfilling the |
18 | requirements while an underfunded mandate provides less funding |
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1 | than counties and other municipalities need; and |
2 | WHEREAS, The increasing cost of these mandates is |
3 | concurrently increasing the local tax burden on this |
4 | Commonwealth's citizens and businesses, which results in a |
5 | significant impact on the economic health of this Commonwealth |
6 | and its communities; and |
7 | WHEREAS, The National Conference of State Legislatures found |
8 | that from 2004 to 2008, the Congress of the United States |
9 | shifted a financial burden of at least $125 billion on to |
10 | states, a portion of which has been subsequently transferred to |
11 | local governments; and |
12 | WHEREAS, The County Commissioners Association of Pennsylvania |
13 | estimates that up to 80% of a county's budget is made up of |
14 | directives from outside entities, including human services, |
15 | which represent 60% of a county's responsibilities, plus courts |
16 | and corrections; and |
17 | WHEREAS, The Local Government Commission has maintained a | <-- |
18 | computerized file of mandatory and discretionary State statutory |
19 | mandates since 1982; and |
20 | WHEREAS, State government has an obligation of fiscal |
21 | responsibility and must be cognizant of the tax burden it |
22 | imposes upon local taxpayers whether directly or indirectly; and |
23 | WHEREAS, There currently exists no comprehensive information | <-- |
24 | on the number and cost of State mandates upon this |
25 | Commonwealth's local governments; therefore be it |
26 | WHEREAS, There currently exists no comprehensive information | <-- |
27 | on the types and costs of State mandates upon this |
28 | Commonwealth's counties and other municipalities; therefore be |
29 | it |
30 | RESOLVED, That the Senate direct the Joint State Local | <-- |
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1 | Government Commission to establish a task force to study the |
2 | unfunded and underfunded statutory mandates placed by the | <-- |
3 | Commonwealth upon Pennsylvania's boroughs, townships, counties |
4 | and cities; and be it further |
5 | RESOLVED, That the task force be comprised of experts | <-- |
6 | familiar with the funding and operation of programs implemented |
7 | by local government units, including elected officials, |
8 | representatives from local government associations, |
9 | academicians, program directors, finance officers or other |
10 | administrators from both State and local government; and be it |
11 | further |
12 | RESOLVED, That the task force compile a comprehensive list |
13 | describing each directive placed upon local governments whether |
14 | voluntary or mandatory, and further indicate in its study |
15 | whether the directive is Federal or State in origin or a |
16 | combination thereof, whether the origin of the directive is |
17 | administrative or discretionary in nature, as opposed to express |
18 | language contained in a statute or regulation; the average |
19 | annual cost of each directive to a local government unit; the |
20 | amount of money provided by the Federal Government or the |
21 | Commonwealth to implement each directive; and whenever possible |
22 | identify reasons for discrepancies between funding levels and |
23 | actual costs; and be it further |
24 | RESOLVED, That the task force be comprised of four members of | <-- |
25 | the Senate, two shall be members of the Local Government |
26 | Commission, one from the majority caucus and one from the |
27 | minority caucus appointed by the chairman of the commission and |
28 | two additional Senators, one appointed by the Majority Leader |
29 | and one appointed by the Minority Leader, a House member of the |
30 | Local Government Commission from each party appointed by the |
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1 | chairman of the commission, an expert familiar with the funding |
2 | and operations of programs implemented by counties and other |
3 | municipalities, a representative from the County Commissioners |
4 | Association of Pennsylvania, the Pennsylvania State Association |
5 | of Boroughs, the Pennsylvania State Association of Township |
6 | Supervisors and the Pennsylvania League of Cities, as well as |
7 | such academicians, economists, program directors, finance |
8 | officers or other administrators from both State and local |
9 | government as the task force deems appropriate; and be it |
10 | further |
11 | RESOLVED, That the task force compile a comprehensive list |
12 | describing each statutory mandate placed upon local governments |
13 | whether voluntary or mandatory, and further indicate in its |
14 | study, whether the statutory mandate is Federal or State in |
15 | origin or a combination thereof, whether the origin of the |
16 | statutory mandate is required or discretionary in nature; the |
17 | average annual cost of each statutory mandate to a county or |
18 | other type of municipality, if determinable; and the amount of |
19 | money provided by the Federal Government or the Commonwealth to |
20 | implement each statutory mandate; and be it further |
21 | RESOLVED, That the task force make findings with regard to |
22 | the potential for cost savings that could be achieved through |
23 | partial waivers or elimination of certain mandates, as well as |
24 | make findings and recommendations with regard to alternative |
25 | procedures which could provide local governments counties and | <-- |
26 | other municipalities with a mechanism for mandate waivers should |
27 | the General Assembly determine to provide for legislation to |
28 | establish such a procedure; and be it further |
29 | RESOLVED, That the Joint State Government Commission provide | <-- |
30 | a report on the foregoing to the members of the Senate no later |
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1 | than one year from the date that this resolution is adopted. |
2 | RESOLVED, That it is the intent of the Senate, by this | <-- |
3 | resolution, that State agencies and offices, including |
4 | Department of Public Welfare, Department of Corrections, |
5 | Department of Aging, Department of Labor and Industry, |
6 | Department of Community and Economic Development, Department of |
7 | Environmental Protection, Department of Health and the |
8 | Governor's Office of the Budget cooperate with the Local |
9 | Government Commission during the course of its study of |
10 | mandates; and be it further |
11 | RESOLVED, That the Local Government Commission provide a copy |
12 | of a report on the foregoing to the Senate and all members of |
13 | the Local Government Commission no later than October 15, 2012. |
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