CCP 08-09-1999 - Laserfiche WebLink

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. e e e 1 and 2 . Whether state and federal environmental and water agencies can be combined 3 or eliminated to avoid inconsistent standards and duplication of responsibilities. 4 5 SD-2. Unfunded Mandates (ew) 6 [maintain current policy] 7 Issue: The cost of federal and state mandated programs substitute the judgment of 8 Congress, the President, the Legislature, and the governor for-local budget priorities. 9 These mandates force cities to reduce funding for other basic services or to increase taxes 10 and service charges. The passage by the Legislature of reporting requirements for new 11 state mandates, and the passage by Congress of legislation restraining new federal 12 mandates, should help address the problem, but oth~-~{eps are necessary. 13 14 Response: 15 16 . Existing unfunded mandates should be reviewed and modified or repealed 17 where possible. 18 . No additional statewide mandates should be enacted, unless full funding for the 19 mandate is provided by the level of government imposing it or a permanent 20 stable revenue source is established. 21 . Cities should not be forced to comply with unfunded mandates. 22 . Cities should be given the greatest flexibility possible in implementing mandates 23 to ensure their cost is minimized. 24 25 SD-3. Civil Liability of Local Governments (as/rs) 26 [significant revisions needed] 27 28 Issue: One of the barriers to the delivery of governmental services and programs is 29 the exposure of local governments and their officials to civil damage claims. The state 30 has acted to protect itself and its local governments by enacting exceptions and 31 limitations to liability suits, and authorizing self-insurance and other mechanisms to deal 32 with claims allowed by law. Additionally, the current law, which requires district court 33 approval of settlements of claims against municipalities that exceed $10,000, has become 34 burdensome for cities. 35 36 Response: The League supports: 37 38 . Eliminating joint and several liability, or severely restricting its application to 39 situations where private or public tortfeasors are substantially at fault for the 40 damages incurredj 41 . Extending the protection of the state and municipal tort claims act to quasi- 42 governmental entities when performing public services such as frrefightingj 43 . Existing constitutional safeguards for protecting public and private property 44 interests without any statutory expansion of property rights; 45 . Eliminating the district court approval of settlements requirement or, in the 46 alternative, increasing the threshold amount for district court approval of 2