HomeMy WebLinkAboutResolutions - 1995.08.17 - 24367MISCELLANEOUS RESOLUTION # 95225
By: Ruth A. Johnson, Shelley G. Taub
IN RE: BILLING THE STATE FOR UNFAIR AND UNFUNDED MANDATES -
ADDITIONAL PROCEDURES
To the Oakland County Board of Commissioners,
Chairperson, Ladies and Gentlemen:
WHEREAS, historically, the State of Michigan legislature has
passed laws, rules and regulations that require local
governmental units (counties, cities, townships and villages) to
carry out specific actions; and,
WHEREAS, in order to control the State operating budgets,
the State often has not provided the necessary funds to carry out
activities mandated upon local governmental units; and,
WHEREAS, county, city, township, and village governments
must use scarce, locally-raised financial resources (taxes, user
fees, etc.) to comply with these additional financial burdens
imposed on them by the State legislature; and,
WHEREAS, in many eases, these unfunded financial burdens and
mandates would not be passed by local governments; and,
WHEREAS, many of these laws, rules and regulations are
inefficient, expensive to implement, and not sensitive to
specific local government needs and desires; and,
WHEREAS, there is a general trend in the United States to
transfer responsibilities for the enactment of laws, rules and
regulations to the lowest possible governmental unit; and,
WHEREAS, the Oakland County Board of Commissioners and
County Executive strongly opposes the continued enactment of new
unfunded legislation; and,
WHEREAS, the Oakland County Board of Commissioners has
passed misepllanpous Resolution #93047 on April 29, 1993, #93209
on October 21, 1993, and #95013 on February 9, 1995 opposing
federal and State unfunded mandates; and,
WHEREAS, Commissioners Dan Devine, Jr., Ruth A. Johnson, and
Shelley G. Taub drafted and introduced Miscellaneous Resolution
#95089 to the Board of Commissioners, which was unanimously
approved by that Board on April 6, 1995, calling for the
invoicing of the State and federal government for the costs
associated with unfunded mandates; and,
WHEREAS, over $16 million in invoiced costs have been sent
to the State of Michigan's Department of Management and Budget
with no response other than the comments noted below included in
a letter to the County's Director of Department of Management and
Budget:
"...As a result, the state will not be providing any
additional payments in response to your invoice. Such
payments would only occur as a result of an
appropriation (see Article IX, Section 17 of Michigan
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ex: ANWHZ senainc
Constitution - "No money shall be paid out of the state
treasury except =.11 pursuance of appropriations made by
law."
WHEREAS, Oakland County is providing $733 million in
revenues to the State in excess of amounts the State provides
back to the County (often referred to as a 'spending gap'), as
calculated by the State of Michigan Senate Fiscal Agency,
comments concerning such amounts follow:
* Per capita, the amounts sent to the State by County
residents and businesses represent the highest amounts
of all counties.
* Per capita, the amounts returned from the State to the
County residents and businesses place the County in the
79th position, out of 83 counties.
* The $733 million represents approximately $700 for
every County resident.
* Had there been no annual spending gap of $733 million
and amounts provided to the County instead, the County
would not have to raise ANY prnp.rty ti 111-o-41
gap. Or, stated differently, the County would not have
to charge for ANY services to the public for almost two
full years.
WHEREAS, the County's Department of Management and Budget
should continue to invoice the State and federal governments for
costs associated with unfunded mandates; and,
WHEREAS, the State's administration cannot act without
appropriations having 'been first made pursuant to law by the
State legislature; and,
WHEREAS, the previous four Board resolutions have not
resulted in changing t...ae pattern of the State involving unfunded
mandates and in the absence of these changes, action steps must
now be developed by Oakland County to further encourage the
County's legislators to ensure that future State legislation is
sensitive to local governmental needs.
NOW THEREFORE BE IT RESOLVED that, beginning immediately,
those Oakland County senators and represenflatives approving State
legislation having been identified to contain unfunded financial
burdens on local governmental units be requested to explain their
support for such legislation, in writing, to the Board of
Commissioners and County Executive.
BE IT FURTHER RESOLVED that the failure to comply with the
above request shall result in a second request to the senator or
represeerst -ive requesting their presence at the General
Government Committee of the Board of Commissioners.
BE IT FURTHER RESOLVED that the County encourage the State
to pass a requirement that legislation involving changes in laws,
rules and regulations involving implementation efforts at the
local governmental units assert the financial effect on those
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governmental units and the amounts to be funded by the State.
BE IT FURTHER RESOLVED that a copy of this resolution be
sent to the Governor of the State of Michigan, Oakland County's
State senators and representatives, and the Michigan Association
of Counties.
Chairperson, I move the adoption of the foregoing
resolution.
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