| DLM - Frequently Asked Questions |
|
A guide to the mandate provisions of Proposition 2 1/2 Frequently Asked Questions: What is the Local Mandate Law? What is the role of the Division of Local Mandates (DLM)? What are some of the exceptions to the Local Mandate Law? Who may petition DLM for a determination? When the Auditor issues a mandate determination, what are the petitioner's options? What are some of the court decisions that guide DLM in its mandate determination process? What is DLM's other statutory duty concerning state-mandated programs? What is the DLM petition process? What is the Local Mandate Law? The local Mandate Law was enacted as part of the property tax limit initiative known as Proposition 2 1/2. In general terms, the Local Mandate Law provides that any post-1980 state law or regulation "imposing any direct service or cost obligation upon any city or town shall be effective only if" the community votes to accept the law or regulation, or the Commonwealth assumes the cost of compliance. G. L. c. 29, s. 27C (a). It also allows any community aggrieved by an unfunded state mandate to petition superior court for an exemption from compliance. In such a proceeding, the determination by the Division of Local Mandates (DLM) of the amount of compliance cost is considered prima facie evidence of the amount of state funding necessary to sustain the mandate. G. L. c. 29, s. 27C (e). If you have any questions about mandates, call DLM at 1-800-462-COST What is the role of the Division of Local Mandates (DLM)? Within the Office of the State Auditor, DLM is responsible for determining the local financial impact of proposed or existing state mandates. DLM responds to written requests for opinions and cost impact analysis from cities, towns, regional school districts, and educational collaboratives, as well as the General Court and state agencies. Responses take the form of opinion letters and cost determinations. DLM also provides informal telephone consultation when appropriate. What are some of the exceptions to the Local Mandate Law? The Local Mandate Law does not apply:
The local Mandate Law is designed to protect cities, towns, regional school districts and educational collaboratives from state imposed costs. It does not protect counties, authorities, and other regional subdivisions. Who may petition DLM for a determination?
When the Auditor issues a mandate determination, what are the petitioner's options?
What are some of the court decisions that guide DLM in its mandate determinations process? In making its determinations in response to municipal petitions, DLM must apply the terms of the Local Mandate Law in light of relevant court authority. Following are the major court decisions that directly affect interpretation of the Local Mandate Law, and guide DLM in making its determinations.
What is DLM's other statutory duty concerning state-mandated programs? Chapter 126 of the Acts of 1984 expanded the Division's mission by authorizing DLM to examine any state law or regulation that has a significant local cost impact, regardless of whether it satisfies the more technical standards for a mandate determination. This statute is codified as Section 6B of Chapter 11 of the General Laws. Known as municipal impact studies, Chapter 126 reviews include cost-benefit analyses and recommendations to the General Court. Examples of DLM's Chapter 126 reviews include studies on the school finance law, Medicaid payments for special education costs, and property tax relief for elderly homeowners. What is the DLM petition process?
|