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Panel: Unfunded State Mandates Unconstitutional
(2010-02-24)
State Capitol Building, Lansing, Michigan (photo by Steve Carmody/Michigan Radio)
(MPRN) -

A special commission says the state has foisted billions of dollars in costs on local governments in violation of the Michigan Constitution.

Legislative leaders say they will act quickly to ensure there's an end to the practice of unfundad mandates.

Michigan cities, townships, counties and school districts reported that unfunded mandates cost them more than two billion dollars. Commission members say that number is undoubtedly low.

The Headlee Amendment to the state constitution that was adopted by voters 32 years ago outlawed unfunded mandates. However, since then the state has forced local governments and their taxpayers to assume costs related to such things as retirement, environmental protection, and publishing meeting notices.

Democratic House Speaker Andy Dillon agrees with the findings.

"The state unfortunately has developed a pattern and a history of imposing requirements on local units of government without funding them," says Dillon.

The report recommends allowing local governments to ignore laws that force costs on them until the Legislature appropriates the money to pay for them.


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Here are some examples of state-required programs that the Legislative Commission on Unfunded Mandates says are either unfunded or underfunded:

Community college employee pensions
Juvenile justice and foster care services for children who become wards of the state
Maintaining and replacing voting equipment
Publishing meeting notices in local newspapers
Purchasing electronic fingerprinting units
Special education
New high school graduation requirements
Extending the school year
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