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

AMENDED, JULY 1, 2010   

A RESOLUTION

Directing the Joint State Local Government Commission to conduct

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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 counties and other

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municipalities by both the Federal Government and State

government; and

WHEREAS, An unfunded mandate is a statute or regulation that

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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, An unfunded mandate is a statute or its implementing

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regulation that requires counties and other municipalities to

perform certain actions yet provides no money for fulfilling the

requirements while an underfunded mandate provides less funding

than counties and other municipalities need; 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, The Local Government Commission has maintained a

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computerized file of mandatory and discretionary State statutory

mandates since 1982; 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

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on the number and cost of State mandates upon this

Commonwealth's local governments; therefore be it

WHEREAS, There currently exists no comprehensive information

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on the types and costs of State mandates upon this

Commonwealth's counties and other municipalities; therefore be

it

RESOLVED, That the Senate direct the Joint State Local 

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Government Commission to establish a task force to study the

unfunded and underfunded statutory mandates placed by the

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Commonwealth upon Pennsylvania's boroughs, townships, counties

and cities; and be it further

RESOLVED, That the task force be comprised of experts

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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 be comprised of four members of

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the Senate, two shall be members of the Local Government

Commission, one from the majority caucus and one from the

minority caucus appointed by the chairman of the commission and

two additional Senators, one appointed by the Majority Leader

and one appointed by the Minority Leader, a House member of the

Local Government Commission from each party appointed by the

chairman of the commission, an expert familiar with the funding

and operations of programs implemented by counties and other

municipalities, a representative from the County Commissioners

Association of Pennsylvania, the Pennsylvania State Association

of Boroughs, the Pennsylvania State Association of Township

Supervisors and the Pennsylvania League of Cities, as well as

such academicians, economists, program directors, finance

officers or other administrators from both State and local

government as the task force deems appropriate; and be it

further

RESOLVED, That the task force compile a comprehensive list

describing each statutory mandate placed upon local governments

whether voluntary or mandatory, and further indicate in its

study, whether the statutory mandate is Federal or State in

origin or a combination thereof, whether the origin of the

statutory mandate is required or discretionary in nature; the

average annual cost of each statutory mandate to a county or

other type of municipality, if determinable; and the amount of

money provided by the Federal Government or the Commonwealth to

implement each statutory mandate; 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 counties and

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other municipalities 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

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

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

RESOLVED, That it is the intent of the Senate, by this

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resolution, that State agencies and offices, including

Department of Public Welfare, Department of Corrections,

Department of Aging, Department of Labor and Industry,

Department of Community and Economic Development, Department of

Environmental Protection, Department of Health and the

Governor's Office of the Budget cooperate with the Local

Government Commission during the course of its study of

mandates; and be it further

RESOLVED, That the Local Government Commission provide a copy

of a report on the foregoing to the Senate and all members of

the Local Government Commission no later than October 15, 2012.