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Construction and Application of State Prohibitions of..., 76 A.L.R.6th 543...
76 A.L.R.6th 543 (Originally published in 2012)
American Law Reports
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Construction and Application of State Prohibitions of Unfunded Mandates
Deborah F. Buckman, J.D.
Unfunded mandates are statutes or regulations requiring lower tiers of government to perform certain actions but failing to provide the necessary funding. A number of states specifically prohibit unfunded mandates on the state level thereby protecting local governments from being forced to expend funds for new activities or programs from their already limited budgets. Most such prohibitions are amendments to state constitutions which are then implemented by legislative enactments; in some cases, they are only enacted as statutes. In Adair v. State, 486 Mich. 468, 785 N.W.2d 119, 258 Ed. Law Rep. 709, 76 A.L.R.6th 767 (2010), the Supreme Court of Michigan held that a new state data collection and reporting requirement imposed an unfunded mandate upon school districts which was prohibited by the Headlee Amendment to the Michigan Constitution. This annotation collects and discusses the state court cases that have construed and applied state prohibitions of unfunded mandates.
TABLE OF CONTENTS
Article Outline
Index
Table of Cases, Laws, and Rules
Research References
ARTICLE OUTLINE
I Preliminary Matters
§ 1 Scope
§ 2 Background and summary
§ 3 Practice pointers
II Held to Be Violation of Unfunded Mandate Prohibition
§ 4 Mandated expanded activities or new programs
§ 5 Imposed additional financial obligations
§ 6 Did not adequately fund mandated activities
III Held to Not Be Violation of Unfunded Mandate Prohibition
§ 7 Did not mandate new responsibilities or programs
§ 8 Did not mandate new expenditures
§ 9 Merely shifted costs between local entities
§ 10 Arose from voluntary act rather than state mandate
§ 11 Legislature did not specify mandate as unfunded
§ 12 Did not necessarily constitute a “mandate”
§ 13 Did not affect money from tax revenues
§ 14 Specifically exempted from prohibition
IV Requested Relief Not Available
§ 15 Monetary remedy not available
§ 16 No relief available because statute already revised
§ 17 Failed to pursue other avenues for relief
Research References
INDEX
Actual increased costs, absence of evidence of § 8
Additional financial obligations or expenditures § 5, 8
Adequately fund mandated activities, enactments failing to § 6
Administrative remedies, failure to pursue § 17
Affordable housing § 13
Airports, transfer of operational jurisdiction from county to airport authority § 7
Alcoholism, treatment for § 7
Arrested by city officers, charging of cities for costs of booking into county jails of people who were § 9
Arrest reports, forwarding of to Department of Revenue § 8
Assessment of shared expenses among towns in school district, revised § 14
Availability of requested relief § 15 to 17
Background and summary § 2
Booking into county jails of people arrested by city officers, charging of cities for costs of § 9
Breath analysis test results, forwarding of to Department of Revenue § 8
Cancer, presumption as to being occupationally related § 5
Carry concealed firearms, issuance of permits for persons to § 4, 16
Charter schools § 7
Clarification of existing law § 7
Classification of roads § 7
Class sizes in high poverty school districts § 11, 14
Commission on State Mandates, failure to pursue administrative remedies via § 17
Concealed firearms, issuance of permits for persons to carry § 4, 16
Constitution, law, rule, or regulation that implements provision of § 14
Cost of living increases, implied exception for § 7
County jails, charging of cities for costs of booking people arrested by city officers into § 9
Court reorganization § 7
Declaratory judgment as remedy § 15
Declared unconstitutional, availability of relief where challenged statute had previously been § 16
Deferred appropriation of funds § 6
Disposal of solid waste § 10
Domestic violence training for law enforcement officers § 7
Drop-off boxes for mail-in ballots at polling places § 7
DUI offenders, treatment for alcoholism § 7
Elections, cost of conducting § 7
Elections, primary, reduction in minimum voting age for § 7
Exempted from prohibition, challenged mandate as § 14
Exemption, declaration of § 15
Exhaustion of administrative remedies § 17
Expanded activities or new programs, mandating of § 4, 7
Financial obligations or expenditures, additional § 5, 8
Future, payment in § 6
Handicapped children, education of § 4, 7, 11, 12, 15, 17
Highway reclassification § 7
Identify challenged services as unfunded, legislature’s failure to § 11
Inadequate funding of mandated activities § 6
Indigent defendants, representation of when public defender has conflict of interest § 5
Inflation, implied exception for rate of § 7
Legislature not specifying mandate as unfunded § 11
Low and moderate-income housing § 13
Maintenance of roads § 7
Mandate, challenged action as not necessarily constituting § 12
Medically indigent adults, exclusion from state’s medical assistance program § 4
Mental health services for special education students § 11, 17
Minimum voting age for primary elections, reduction in § 7
Monetary remedy, availability of § 15
Money from tax revenues, challenged action as not affecting § 13
Municipal redevelopment agency required to allocate its tax increment financing on specific project § 13
National Voter Registration Act § 4
New expenditures § 5, 8
New programs or expanded activities, mandating of § 4, 7
Nominal funding § 6, 11, 15
Other avenues of relief, failure to pursue § 17
Other options, school districts having § 12
Overhead costs for office of Regional Conflict Counsel § 5
Pensions and retirement § 7
Permits for persons to carry concealed firearms, issuance of § 4, 16
Practice pointers § 3
Preliminary matters § 1 to 3
Preschool special education program § 4
Previously declared unconstitutional, availability of relief where challenged statute had been § 16
Public defender having conflict of interest, representation of indigent defendants § 5
Pursue other avenues of relief, failure to § 17
Recordkeeping and reporting requirements § 4, 8
Recyclable materials, exclusion from definition of solid waste § 10
Refund of pension contributions to former police officers § 7
Reimbursement, availability of § 15
Relief requested as not available § 15 to 17
Reporting and recordkeeping requirements § 4, 8
Requested relief as not available § 15 to 17
Residential school placement of handicapped student § 17
Retirement and pensions § 7
Revision of statute, effect on availability of relief § 16
Sanitary landfill, improvements to § 10
Schools and education § 4, 6, 7, 11, 12, 15, 17
Scope of annotation § 1
Segregation, state-mandated program to alleviate and prevent § 15
Separation of powers § 4, 6, 15
Shifting of costs between local entities § 9
Solid waste, disposal of § 10
Specifically exempted from prohibition, challenged mandate as § 14
Specify that challenged services were unfunded, legislature’s failure to § 11
Statute already revised, effect on availability of relief § 16
Statute of limitations § 15
Summary and background § 2
Tax increment financing § 13
Tax revenues, challenged action not affecting money from § 13
Two-tier voter registration system § 4
Unconstitutional, availability of relief where challenged statute had previously been declared § 16
Unemployment insurance § 7
Unfunded, legislature not specifying mandate as § 11
Voluntary act rather than state mandate, challenged action arising from § 10
Voter registration § 4, 7
Voting age for primary elections, reduction in § 7
Waste management § 10
Workers’ compensation § 5, 7
Writ of mandate, failure to pursue administrative remedies via § 17
Table of Cases, Laws, and Rules
California
Cal. Const. Art. 13B, § 6. See 4, 6, 7, 9, 12, 13, 15
Cal. Const. Art. XIII, § 6. See 17
Cal. Educ. Code § 59300. See 12
Cal. Gov’t Code §§ 17500 et seq.. See 6, 13
Cal. Gov’t Code §§ 17500 to 17630. See 2
Cal. Gov’t Code § 17581(a). See 15
Cal. Gov’t Code § 17581(a)(2). See 11
Cal. Gov’t Code § 17612. See 15
Cal. Gov’t Code § 17612(c). See 15
Cal. Health & Safety Code §§ 33334.2 to 33334.3. See 13
Berkeley Unified School Dist. v. State of California, 33 Cal. App. 4th 350, 39 Cal. Rptr. 2d 326, 98 Ed. Law Rep. 314 (3d Dist. 1995) — 15
California School Boards Assn. v. State, 192 Cal. App. 4th 770, 121 Cal. Rptr. 3d 696, 265 Ed. Law Rep. 347 (4th Dist. 2011) — 6
Grossmont Union High School Dist. v. California Dept. of Educ., 169 Cal. App. 4th 869, 86 Cal. Rptr. 3d 890, 240 Ed. Law Rep. 307 (3d Dist. 2008) — 17
Kinlaw v. State of California, 54 Cal. 3d 326, 285 Cal. Rptr. 66, 814 P.2d 1308 (1991) — 3
Los Angeles, County of v. State of California, 43 Cal. 3d 46, 233 Cal. Rptr. 38, 729 P.2d 202 (1987) — 7
Los Angeles, County of v. Commission on State Mandates, 150 Cal. App. 4th 898, 58 Cal. Rptr. 3d 762 (2d Dist. 2007) — 2
Los Angeles, County of v. Commission on State Mandates, 110 Cal. App. 4th 1176, 2 Cal. Rptr. 3d 419 (2d Dist. 2003) — 7
Lucia Mar Unified School Dist. v. Honig, 44 Cal. 3d 830, 244 Cal. Rptr. 677, 750 P.2d 318, 45 Ed. Law Rep. 321 (1988) — 12
Redevelopment Agency v. Commission on State Mandates, 55 Cal. App. 4th 976, 64 Cal. Rptr. 2d 270 (4th Dist. 1997) — 13
Sacramento, City of v. State of California, 50 Cal. 3d 51, 266 Cal. Rptr. 139, 785 P.2d 522 (1990) — 7
San Diego, County of v. State of California, 15 Cal. 4th 68, 61 Cal. Rptr. 2d 134, 931 P.2d 312 (1997) — 4
San Diego, County of v. Commission on State Mandates, 2003 WL 22205626 (Cal. App. 4th Dist. 2003) — 4
San Diego, County of v. State, 164 Cal. App. 4th 580, 79 Cal. Rptr. 3d 489 (4th Dist. 2008) — 15
San Jose, City of v. State of California, 45 Cal. App. 4th 1802, 53 Cal. Rptr. 2d 521 (6th Dist. 1996) — 9
State Department of Finance v. Commission on State Mandates, 163 Cal. Rptr. 3d 439 (Cal. App. 2d Dist. 2013) — 4
Tri-County Special Educ. Local Plan Area v. County of Tuolumne, 123 Cal. App. 4th 563, 19 Cal. Rptr. 3d 884, 192 Ed. Law Rep. 919 (5th Dist. 2004) — 11
Tuolumne, County of v. Special Educ. Hearing Office, 2006 WL 165045 (Cal. App. 5th Dist. 2006) — 17
Colorado
Colo. Rev. Stat. Ann § 1-8-113(1)(a). See 7
Colo. Rev. Stat. Ann § 29-1-304.5(1). See 7
Gessler v. Doty, 2012 COA 4, 272 P.3d 1131 (Colo. App. 2012) — 7
Florida
Fla. Const. Art. V, § 14. See 5
Fla. Const. Art. X, § 14. See 7
Fla. Const. Art. VII, § 18(a). See 5
Fla. Stat. Ann. § 27.511. See 5
Fla. Stat. Ann. § 29.008. See 5
Fla. Stat. Ann. § 185.19. See 7
Atwater v. City of Weston, 64 So. 3d 701 (Fla. 1st DCA 2011) — 3
Lewis v. Leon County, 73 So. 3d 151 (Fla. 2011) — 5
St. Petersburg, City of v. Remia, 41 So. 3d 322 (Fla. 2d DCA 2010) — 7
Illinois
30 Ill. Comp. Stat. Ann. 805/1 et seq.. See 4
Orr v. Edgar, 283 Ill. App. 3d 1088, 219 Ill. Dec. 355, 670 N.E.2d 1243 (1st Dist. 1996) — 4
Maine
Me. Const. Art. IX, § 21. See 7
Wells, Town of v. Town of Ogunquit, 2001 ME 122, 775 A.2d 1174, 155 Ed. Law Rep. 1233 (Me. 2001) — 7
Massachusetts
Mass. Gen. Laws Ann. ch. 29, § 27C. See 2, 7, 14, 15
Mass. Gen. Laws Ann. ch. 70, § 15. See 14
Sturbridge, Town of v. Tantasqua Regional School Dist., 22 Mass. L. Rptr. 68, 2006 WL 4114307 (Mass. Super. Ct. 2006) — 14
Worcester, City of v. The Governor, 416 Mass. 751, 625 N.E.2d 1337, 88 Ed. Law Rep. 227 (1994) — 7, 15
Michigan
Mich. Const. Art. 9, § 29. See 2, 4, 7, 10
Mich. Const. Art. 9, § 32. See 3
Mich. Comp. Laws Ann. §§ 21.231 et seq.. See 2
Mich. Comp. Laws Ann. §§ 259.108 to 259.125c. See 7
Mich. Comp. Laws Ann. § 388.1752. See 4
Adair v. Michigan, 302 Mich. App. 305, 839 N.W.2d 681, 299 Ed. Law Rep. 214 (2013) — 7, 9
Adair v. State, 486 Mich. 468, 785 N.W.2d 119, 258 Ed. Law Rep. 709, 76 A.L.R.6th 767 (2010) — 4
Department of Environmental Quality v. Worth Tp., 299 Mich. App. 1, 829 N.W.2d 31 (2012) — 7
Durant v. State Bd. of Educ., 424 Mich. 364, 381 N.W.2d 662, 30 Ed. Law Rep. 870 (1985) — 2
Judicial Attorneys Ass’n v. State, 460 Mich. 590, 597 N.W.2d 113 (1999) — 7
Livingston County v. Department of Management and Budget, 430 Mich. 635, 425 N.W.2d 65 (1988) — 10
Riverview, City of v. Michigan, 292 Mich. App. 516, 808 N.W.2d 532 (2011) — 3
Wayne County Bd. of Com’rs v. Wayne County Airport Authority, 253 Mich. App. 144, 658 N.W.2d 804 (2002) — 7
Wayne County Chief Executive v. Governor, 230 Mich. App. 258, 583 N.W.2d 512 (1998) — 3
Missouri
Mo. Const. Art. X, §§ 16 to 24. See 7, 16