THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE RESOLUTION

INTRODUCED BY EICHELBERGER, WAUGH, ERICKSON, RAFFERTY, GORDNER, ARGALL, COSTA, ROBBINS, FOLMER, BOSCOLA, MUSTO, ALLOWAY, FARNESE, FERLO, D. WHITE, WILLIAMS AND BRUBAKER, MAY 4, 2010

REFERRED TO LOCAL GOVERNMENT, MAY 4, 2010  

A RESOLUTION

Directing the Joint State Government Commission to conduct a

comprehensive study of the number and types of mandates

placed upon Pennsylvania's local governments by the

Commonwealth.

WHEREAS, The cost of local government operations in this

Commonwealth is steadily increasing due to directives or

mandates placed upon local government units by both the Federal

Government and State government; and

WHEREAS, An unfunded mandate is a statute or regulation that

requires a political subdivision to perform certain actions, yet

provides no money for fulfilling the requirements, while an

underfunded mandate provides less funding than the political

subdivision needs to carry out the task; and

WHEREAS, The increasing cost of these mandates is

concurrently increasing the local tax burden on this

Commonwealth's citizens and businesses, which results in a

significant impact on the economic health of this Commonwealth

and its communities; and

WHEREAS, The National Conference of State Legislatures found

that from 2004 to 2008, the Congress of the United States

shifted a financial burden of at least $125 billion on to

states, a portion of which has been subsequently transferred to

local governments; and

WHEREAS, The County Commissioners Association of Pennsylvania

estimates that up to 80% of a county's budget is made up of

directives from outside entities, including human services,

which represent 60% of a county's responsibilities, plus courts

and corrections; and

WHEREAS, State government has an obligation of fiscal

responsibility and must be cognizant of the tax burden it

imposes upon local taxpayers whether directly or indirectly; and

WHEREAS, There currently exists no comprehensive information

on the number and cost of State mandates upon this

Commonwealth's local governments; therefore be it

RESOLVED, That the Senate direct the Joint State Government

Commission to establish a task force to study the unfunded and

underfunded mandates placed by the Commonwealth upon

Pennsylvania's boroughs, townships, counties and cities; and be

it further

RESOLVED, That the task force be comprised of experts

familiar with the funding and operation of programs implemented

by local government units, including elected officials,

representatives from local government associations,

academicians, program directors, finance officers or other

administrators from both State and local government; and be it

further

RESOLVED, That the task force compile a comprehensive list

describing each directive placed upon local governments whether

voluntary or mandatory, and further indicate in its study

whether the directive is Federal or State in origin or a

combination thereof, whether the origin of the directive is

administrative or discretionary in nature, as opposed to express

language contained in a statute or regulation; the average

annual cost of each directive to a local government unit; the

amount of money provided by the Federal Government or the

Commonwealth to implement each directive; and whenever possible

identify reasons for discrepancies between funding levels and

actual costs; and be it further

RESOLVED, That the task force make findings with regard to

the potential for cost savings that could be achieved through

partial waivers or elimination of certain mandates, as well as

make findings and recommendations with regard to alternative

procedures which could provide local governments with a

mechanism for mandate waivers should the General Assembly

determine to provide for legislation to establish such a

procedure; and be it further

RESOLVED, That the Joint State Government Commission provide

a report on the foregoing to the members of the Senate no later

than one year from the date that this resolution is adopted.