To
help ease some of the impact of property tax limits, Proposition 2 1/2 included
provisions establishing the Local Mandate Law and the Division of Local
Mandates (DLM) within the State Auditor's Office. With limited
financial resources, cities and towns would find it increasingly difficult
to support unfunded state mandates. Accordingly, the Local Mandate
Law sets the general standard that post - 1980 state laws and regulations
that impose new costs on cities, towns, regional school districts or
educational collaboratives must either be fully funded by the
Commonwealth, or subject to voluntary local acceptance. See Chapter
29, Section 27C of the General Laws. DLM is responsible for
determining the local financial impact of proposed or existing state
mandates. Any community aggrieved by law or regulation that is
contrary to the standards of the Local Mandate Law may request an
exemption from compliance in Superior Court, and submit DLM's fiscal
impact determination as prima facie evidence of the amount of state
funding necessary to sustain the mandate.
DLM
maintains a Legislative Review Program to analyze pending legislation on
mandate-related issues. To ensure that the local cost impact of
legislation is considered by the General Court, DLM reviews significant
bills, prepares preliminary cost studies, and contacts members of the
Legislature to make them aware of the Auditor's concerns. In
addition, DLM responds to requests from individual legislators, legislative
committees, municipalities, state agencies, and governmental associations.
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. The 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.
Through
these functions, DLM contributes to the development of state policy that
is more sensitive to local revenue limits, so that cities and towns can
maintain more autonomy in setting municipal budget priorities.
DLM Frequently Asked Questions