An Act Clarifying the Scope of the Local Mandate Law
An Act Relative to Access of Records by the State Auditor
An
Act Clarifying the Scope of the Local Mandate Law
This bill
would clarify the scope of municipal protection pursuant to Section
27C of Chapter 29 of the General Laws, the so-called Local Mandate Law. The
statute provides that any law taking effect on or after January 1, 1981
that imposes any additional costs upon a city or town will be effective
only if fully funded by the Commonwealth or if locally accepted. In
addition, it provides that that any post-1980 administrative regulation or
law granting or increasing exemptions from local taxation will not be effective unless fully funded by the Commonwealth.
Over time, however, several court decisions have led to confusion about when the Local Mandate Law applies. Accordingly, and consistent with the original intent of the law, this bill would define the term "local mandate" to include state laws and regulations that increase the cost of programs and services that localities undertake voluntarily, such as providing foreign language courses for high school students and curbside trash pick up. Court interpretations indicate that the current text might limit application of the Local Mandate Law to laws and regulations that increase the cost of local activities that are explicitly required by state law, like, for example, conducting state elections. The bill would also clarify that the Local Mandate Law applies to a costly amendment to a local option law, when the amendment is enacted after the municipality has voted to accept the original law.
An
Act Relative to Access of Records by the State Auditor
This bill
would clarify and confirm OSA access to all records pertaining to
contracts between the Commonwealth and private companies, including
relevant books and records belonging to or maintained by vendor's
subcontractors. In addition, a separate provision of the bill
mandates that contracts and agreements between vendors and any other
entities that provides services funded by a vendor contract with the
Commonwealth include a clause providing the State Auditor with access, as
intended. This legislation addresses situations in which
subcontractors and management companies obstruct audit activity by
withholding necessary documents and other materials. In the most
egregious cases, these entities may be related-parties of the vendor under
the audit and involved, with the vendor, in efforts to impede an ongoing
audit.