Section 83-H. Legislative commission on state-local relations  


Latest version.
  • 1. (a) The
      legislature hereby finds that a strong relationship  between  the  state
      and  its  counties,  cities, towns, villages, school districts and other
      units of government is central to the effective provision of  government
      services  for  the benefit of the people of the state. This relationship
      encompasses state mandates  on  local  governments  to  provide  certain
      services  and perform certain activities; state limits on the ability of
      local governments to provide services, raise revenue and incur debt; and
      state programs of assistance to relieve local governments of  a  portion
      of  the  responsibility  for raising revenues to meet the costs of local
      services.  Categorical  programs  of   state   assistance   help   local
      governments finance specific services of importance to the people of the
      state,  while  programs  of  state  general  purpose  aid  provide local
      governments with general assistance in meeting the  costs  of  services,
      including state mandated activities.
        (b)  The  legislature  further  finds  that  proposals  to amend state
      categorical or general purpose assistance programs, to  shift  costs  or
      responsibilities between the state and local governments, or to alter or
      impose local taxing, borrowing or spending limits should be evaluated in
      the  context  of  all the various elements of state-local relations. The
      variation among local governments,  including  fiscal  condition,  local
      economy and demand for services, should be considered, and opportunities
      for intergovernmental cooperation and efficiencies should be identified.
        2.  A  legislative  commission  on  state-local  relations  is  hereby
      established to examine, evaluate and make recommendations concerning the
      state's system of aid to localities, the division  of  state  and  local
      responsibilities,  state mandates on local governments and limits on the
      ability of local governments to raise revenue,  incur  debt  and  manage
      resources. The commission shall make such recommendations as it may deem
      necessary  to  provide  an  equitable  system  of  state  aid  to  local
      governments, to encourage the most effective  use  of  state  and  local
      resources,  to  preserve  the  fiscal  integrity of both state and local
      governments and otherwise to  strengthen  the  partnership  between  the
      state and its local governments.
        3.  The  commission  shall  consist  of ten members to be appointed as
      follows: three members of the senate shall be appointed by the temporary
      president of  the  senate;  three  members  of  the  assembly  shall  be
      appointed  by  the  speaker  of  the assembly; two members of the senate
      shall be appointed by the minority leader of the senate; and two members
      of the assembly shall  be  appointed  by  the  minority  leader  of  the
      assembly.  From  among  the  members so appointed, a chairman and a vice
      chairman shall be designated  by  the  joint  action  of  the  temporary
      president  of  the  senate  and the speaker of the assembly. Any vacancy
      that  occurs  in  the  commission  or  in  the  chairmanship   or   vice
      chairmanship  shall  be  filled in the same manner in which the original
      appointment or designation was made. No member, officer, or employee  of
      the  commission  shall  be  disqualified  from  holding any other public
      office or employment, nor shall he forfeit any such office or employment
      by reason of his appointment hereunder, notwithstanding  the  provisions
      of any general, special, or local law, ordinance, or city charter.
        4.  The commission may employ and at pleasure remove such personnel as
      it may deem necessary for the performance of the commission's  functions
      and fix their compensation within the amounts made available therefor.
        5.  Employees of the commission shall be considered to be employees of
      the legislature for all purposes.
        6. The commission in addition to the above mentioned powers shall have
      all the powers and privileges of a  legislative  committee  pursuant  to
      this chapter.
    
        7.  For  the  accomplishment  of  its purpose, the commission shall be
      authorized and empowered to undertake any  study,  inquiry,  survey,  or
      analysis  it  may deem relevant through its own personnel in cooperation
      with or by agreement with any other public or private agency.
        8.  The  commission may require and shall receive from any department,
      board, bureau, commission, authority, office, or  other  instrumentality
      of  the state, and from any county, city, town or village of this state,
      such  facilities,  assistance,  and  data,  as  it  deems  necessary  or
      desirable for proper execution of its powers and duties.
        9.  The  commission may hold public or private hearings and shall have
      full powers to subpoena witnesses and all records or data it shall  deem
      necessary or desirable pursuant to this chapter.
        10.  The  members  of the commission shall receive no compensation for
      their services but shall be allowed their actual and necessary  expenses
      incurred in the performance of their duties.
        * NB Repealed June 30, 2010