Bill Text: PA HB2081 | 2009-2010 | Regular Session | Introduced

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Bill Title: Establishing the Council on Mandates; and providing for its powers and duties and for the suspension of unfunded mandates and reimbursable mandates.

Spectrum: Partisan Bill (Republican 35-1)

Status: (Introduced - Dead) 2009-11-16 - Referred to STATE GOVERNMENT [HB2081 Detail]

Download: Pennsylvania-2009-HB2081-Introduced.html

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PRINTER'S NO. 2905
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2081 Session of2009
INTRODUCED BY ROHRER, BENNINGHOFF, BAKER, BOBACK, BOYD, BROOKS, CAUSER, CLYMER, CREIGHTON, CUTLER, DENLINGER, EVERETT, FLECK, GROVE, HARHART, HUTCHINSON, KAUFFMAN, M. KELLER, KNOWLES, McILVAINE SMITH, METZGAR, MILLER, MURT, MUSTIO, OBERLANDER, PICKETT, PYLE, RAPP, ROAE, ROCK, SCHRODER, STEVENSON, SWANGER, TALLMAN, TURZAI AND VULAKOVICH, NOVEMBER 16, 2009
REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 16, 2009
AN ACT
Establishing the Council on Mandates; and providing for its
powers and duties and for the suspension of unfunded mandates
and reimbursable mandates.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Emergency
Mandate Suspension Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commonwealth agency." An executive agency or independent
agency of the Commonwealth.
"Council." The Council on Mandates established under this
act.
"Department." The Department of Community and Economic
Development of the Commonwealth.
"Executive agency." The Governor and any department, board,
commission, authority, officer and agency of the Commonwealth
government. The term does not include a court or other officer
or agency of the unified judicial system, the General Assembly
and any of its officers and agencies or any independent agency.
"Independent agency." A board, commission, authority and any
other agency and officer of the Commonwealth government which is
not subject to the policy supervision and control of the
Governor. The term does not include any court or other officer
or agency of the unified judicial system or the General Assembly
and any of its officers and agencies.
"Local authority." A political subdivision as defined in 1
Pa.C.S. § 1991 (relating to definitions).
"Local revenues." In the case of a local authority, revenues
generated by local taxation.
"Mandate." A duty imposed by a law enacted by the General
Assembly or by regulation or rule made by a Commonwealth agency
which requires that a local authority establish, expand or
modify its activities in such a way as to necessitate
expenditures from local revenues. The term does not include a
duty which is among the mandate exceptions enumerated in this
act or established in any other law. This term also does not
include any aspect of local taxation rates or limitations.
"Pertinent Commonwealth agency." The Commonwealth agency
which does any of the following:
(1) Administers or has jurisdiction over the law or
regulation pursuant to which a local authority is to
implement an unfunded mandate or reimbursable mandate.
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(2) Has the duty to make reimbursement payments to a
local authority pursuant to a regularly scheduled
reimbursement regimen.
(3) Has the duty to monitor a local authority's
compliance with implementation of an unfunded mandate or
reimbursable mandate.
"Public officers." An elected or appointed local authority
officer as provided by State law.
"Redesigned implementation plan" or "redesigned
implementation." The development and usage by a local authority
of alternative methods, actions, procedures and approaches to
implementing a given reimbursable mandate in addition to those
methods, actions, procedures and approaches authorized or
sanctioned by applicable law or regulation.
"Regularly scheduled reimbursement regimen." The time
schedule by which the Commonwealth is required by statute or
regulation to make reimbursement payments to a local authority
for the implementation of a given reimbursable mandate.
"Regulation." A rule, regulation or order in the nature of a
rule or regulation, promulgated by a Commonwealth agency under
statutory authority in the administration of any statute
administered by or relating to the Commonwealth agency.
"Reimbursable mandate." A mandate for which the Commonwealth
provides a local authority with Federal or State financial
resources to meet, either fully or partially, the costs
associated with the local authority's implementation of a law or
regulation, and that is paid by the Commonwealth to the local
authority pursuant to a regularly scheduled reimbursement
regimen.
"Unfunded mandate." A mandate which does not provide a local
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authority with any Federal or State financial resources to
defray the costs incurred by the local authority for the
implementation of a law or regulation and which mandate
effectively forces the local authority to utilize local revenues
for implementation.
Section 3. Council on Mandates.
(a) Establishment.--There is established within the
Governor's Center for Local Government Services within the
department an agency to be known as the Council on Mandates.
(b) Composition.--The council shall be composed of the
following members:
(1) The Director of the Governor's Center for Local
Government Services, who shall serve ex officio.
(2) Eight members who shall be appointed as follows:
(i) Four individuals shall be appointed by the
Governor, each of whom must have at least four years of
service as a member of a governing body of a local
authority.
(ii) Four members of the General Assembly shall be
appointed as follows:
(A) One individual to be appointed by the
President pro tempore of the Senate.
(B) One individual to be appointed by the
Minority Leader of the Senate.
(C) One individual to be appointed by the
Speaker of the House of Representatives.
(D) One individual to be appointed by the
Minority Leader of the House of Representatives.
(c) Meetings, term of office and expenses.--
(1) The council shall convene on at least a monthly
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basis and at such other times as deemed warranted by the
chair.
(2) Members appointed by the Governor and legislative
members shall serve at the pleasure of the appointing
authority.
(3) Council members shall receive no compensation for
service on the council, but shall be reimbursed for
reasonable expenses incurred in the performance of their
official duties.
(d) Quorum.--A majority of the council shall constitute a
quorum. A majority of the members present shall be necessary to
transact business on behalf of the council.
(e) Application of laws.--The council shall be subject to
the provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings)
and the act of February 14, 2008 (P.L.6, No.3), known as the
Right-to-Know Law.
(f) Powers and duties of council.--The council shall have
the power and its duty shall be to:
(1) Provide public notice of official actions taken
under this act, as it deems appropriate, through publication
in the Pennsylvania Bulletin.
(2) Declare a revenue shortfall condition in accordance
with subsection (g).
(3) Render decisions in the event of a challenge in
accordance with the provisions of subsection (h).
(4) Act as a source of information for local authorities
with regard to the exercise of the options afforded under
this act.
(5) Give notice to a local authority that mandates are
to be applied at the completion of the period of suspension
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or when suspension is otherwise terminated as provided in
this act.
(6) Investigate allegations of a local authority's
noncompliance with this act.
(g) Revenue shortfall condition.--
(1) The council, on a monthly basis, shall determine,
with the cooperation of, and based upon data supplied by, the
Department of Revenue, whether a revenue shortfall condition
exists.
(2) A revenue shortfall condition shall be declared by
the council when the actual General Fund tax revenue
collection for the Commonwealth for each of the four most
recent months for which data has been released is below the
official monthly General Fund tax revenue estimate for each
of those months.
(3) The council shall publish public notice of the
declaration in the next available issue of the Pennsylvania
Bulletin published following the declaration.
(h) Decisions by council.--
(1) When a local authority suspends a mandate, not later
than 30 days after notice is provided to the council and the
pertinent Commonwealth agency in accordance with section 7,
the pertinent Commonwealth agency may petition the council in
writing to render a decision on the issue of whether the
suspension of the questioned mandate was authorized by this
act.
(2) After receipt of a written petition seeking a
decision in accordance with paragraph (1), the council shall
hold a hearing and issue an adjudication under 2 Pa.C.S. Ch.
5 Subch. A (relating to practice and procedure of
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Commonwealth agencies).
(3) The decision of the council may be appealed to the
Commonwealth Court under 2 Pa.C.S. Ch. 7 Subch. A (relating
to judicial review of Commonwealth agency action).
(4) (i) Prior to the organization of the council, a
petition to render a decision on the issue of whether the
suspension of the questioned mandate was authorized by
this act shall be taken directly to the Commonwealth
Court.
(ii) This paragraph shall not apply to petitions
filed after the organization of the council.
(i) Administrative assistance.--The department shall utilize
existing personnel in order to provide resources and
administrative and technical support to the council to enable it
to perform its functions under this act and shall perform each
of the following duties:
(1) Publish notice of council meetings in accordance
with 65 Pa.C.S. Ch. 7 (relating to open meetings).
(2) Maintain a mailing list of persons who have
requested specific notification of meetings and activities of
the council.
(3) Designate a deputy secretary to attend council
meetings and to serve as the public's liaison of the council.
Section 4. Mandate exceptions.
(a) General rule.--The mandate exceptions enumerated in
subsection (b) or established in any other law shall not be
included among the unfunded mandates or reimbursable mandates
which are subject to suspension in accordance with this act.
(b) List of mandate exceptions.--A mandate exception shall
be any duty imposed by, required to implement or necessary to
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avoid violating any of the following:
(1) A court order.
(2) A Federal law or Federal regulation.
(3) The Constitution of the United States.
(4) The Constitution of Pennsylvania.
(5) With regard to a local authority of a particular
class, a law or regulation relating to the powers applicable
to that class as set forth in 53 Pa.C.S. § 2962 (relating to
limitation on municipal powers).
(6) A law or regulation concerning the form,
organization or structure of a local authority.
(7) A law or regulation governing elections.
(8) A law or regulation designating a public officer or
a duty or power of a public officer.
(9) A law or regulation regarding the ethics of a public
official or employee or the protection of the public from
malfeasance, misfeasance or nonfeasance by a public official
or employee of a local authority.
(10) The provisions set forth in 2 Pa.C.S. Ch. 5 Subch.
B (relating to practice and procedure of local agencies) and
Ch. 7 Subch. B (relating to judicial review of local agency
action) and other laws or regulations prescribing practices
and procedures for meetings, hearings and other
administrative adjudications on behalf of a local authority
or agency of a local authority.
(11) A law or regulation that involves the
administration of justice or procedures for administrative
and judicial review of actions taken by a local governing
body.
(12) An existing contract, including collective
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bargaining agreement.
(13) The right to collectively bargain or to be subject
to binding arbitration.
(14) The provisions of the act of November 10, 1999
(P.L.491, No.45), known as the Pennsylvania Construction Code
Act, and any regulations promulgated under that act.
(15) The provisions of this act.
Section 5. Unfunded mandate suspension.
(a) General rule.--Notwithstanding any other provision of
law, an unfunded mandate may be suspended in accordance with
subsection (b) or (c).
(b) Expedited initial suspension of unfunded mandates.--A
local authority may, at its sole discretion, effect suspension
of implementation of one or more unfunded mandates within its
jurisdiction within a six-month period beginning on the
effective date of this section, provided appropriate notice is
given under section 7.
(c) Suspension of an unfunded mandate upon declaration of a
revenue shortfall condition.--An unfunded mandate may be
suspended within a local authority if, within 60 days after
council publishes notice of a revenue shortfall condition in the
Pennsylvania Bulletin in accordance with section 3(g), the local
authority effects suspension by giving appropriate notice as
provided in section 7.
Section 6. Reimbursable mandate suspension.
(a) General rule.--Notwithstanding any other provision of
law, a reimbursable mandate may be suspended within a local
authority if, within 60 days after the pertinent Commonwealth
agency has failed to make two full and timely consecutive
reimbursement payments pursuant to a regularly scheduled
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reimbursement regimen, the local authority effects suspension by
giving appropriate notice as provided in section 7.
(b) Reallocation of payments.--If following the suspension
of a reimbursable mandate, a local authority continues to
receive reimbursement payments in amounts less than required
under the applicable regularly scheduled reimbursement regimen
for a given reimbursable mandate, the local authority may retain
and utilize the payments as follows:
(1) In the case of suspension without redesigned
implementation, to defray the cost of implementing other
reimbursable mandates or unfunded mandates.
(2) In the case of suspension with redesigned
implementation, all or a portion of the payment may be used
to defray the cost of redesigned implementation of the
affected reimbursable mandate, with the remainder, if any,
being used in accordance with paragraph (1).
Section 7. Notice of mandate suspension.
(a) General rule.--Except as otherwise provided in
subsection (b), a local authority that suspends an unfunded
mandate or reimbursable mandate in accordance with section 5(b)
or (c) or 6(a) shall, by registered mail, return receipt
requested, send notice to the council and the pertinent
Commonwealth agency, specifying the mandate suspended and the
length of the suspension selected.
(b) Suspensions prior to organization of council.--In any
case in which the council has not been organized at the time at
which the suspension of either an unfunded mandate or
reimbursable mandate is consummated, the local authority shall,
by registered mail, return receipt requested, send notice to the
council within 30 days after the council is organized.
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(c) Notice to General Assembly.--After receipt of
notification of a suspended mandate, the council will provide
written notification to the members of the General Assembly that
serve the county in which the suspension occurred detailing the
suspension in question.
(d) Annual report.--The council will compile and provide the
Governor and the General Assembly a written report by no later
than July 30 of each year detailing any and all suspension-
related activity.
Section 8. Length of suspension for unfunded mandates.
(a) General rule.--Except as provided in subsections (b) and
(c), the length of a suspension as it pertains to an unfunded
mandate shall be effective for, at a minimum, the remainder of
the local authority’s then current fiscal year, and at the
discretion of the local authority, for not more than five
additional succeeding fiscal years of the local authority.
(b) Mandatory reimposition.--A local authority may reimpose
implementation of a suspended unfunded mandate:
(1) immediately upon the conclusion of the suspension
period specified in the notice provided to the council and
pertinent Commonwealth agency under section 7; or
(2) within 30 days of receipt of notice from the council
that the council, under section 3(f)(3) and (h), has ruled
that the suspended mandate does not constitute an unfunded
mandate within the meaning of this act.
(c) Optional reimposition.--A local authority may, in its
discretion, reimpose implementation of a suspended unfunded
mandate at any time.
(d) Notice of reimposition.--A local authority shall notify
the council and the pertinent Commonwealth agency of the
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reimposition of a suspended unfunded mandate under subsection
(b) or (c).
Section 9. Length of suspension for reimbursable mandates.
(a) General rule.--The length of a suspension as it pertains
to a reimbursable mandate shall be effective for, at a minimum,
the remainder of the local authority's then current fiscal year,
and at the discretion of the local authority, for not more than
five additional succeeding fiscal years of the local authority.
(b) Resumption.--Except as provided in subsection (c), a
local authority may resume implementation of a suspended
reimbursable mandate at any time, but may not suspend
implementation of such reimbursable mandate again unless and
until suspension thereof is permissible under section 6(a).
(c) Redesign of implementation plan.--A local authority may
elect to resume the implementation of a suspended reimbursable
mandate under a redesigned implementation plan, but may, in its
discretion and at any time, reimpose suspension in the event a
redesign implementation plan is determined by the local
authority to not effect the delivery of mandated services and
tasks in a cost-effective fashion.
(d) Notice of reimposition.--The local authority shall
notify the council and the pertinent Commonwealth agency of the
reimposition of a suspended reimbursable mandate under
subsection (b) or (c).
Section 10. Liability and immunity.
With regard to the civil or criminal liability, of any nature
whatsoever, of the Commonwealth, local authorities and officials
and employees of the Commonwealth and local authorities, nothing
in this act, including the suspension of any mandate, the
acceptance of suspension, withdrawal of acceptance, termination
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of suspension or the use or termination of optional redesign of
implementation, shall affect, modify, enlarge or diminish the
existing legal basis for determining liability or immunity.
Section 11. Effective date.
This act shall take effect immediately.
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