State Shared Revenues (Oppose – Mandate)

State Shared Revenues (Oppose – Mandate)

SB 594 (Hutson) creates procedures and penalties for counties and municipalities taking actions alleged to impact commerce and alleged to violate state law or the state constitution. The bill authorizes a member of the Legislature to request the attorney general to investigate any official action adopted or taken by a county or municipality that impacts “commerce” and which the legislator alleges violates state law or the state constitution. The bill directs the attorney general to make a written report of findings to the governor, the Legislature and the secretary of state. If the attorney general finds a violation occurred or likely occurred, the bill directs the attorney general to initiate a circuit court action for declaratory or injunctive relief. If the circuit court issues an order finding a violation, the bill specifies the governing body of the local government must remedy the violation within 30 days or appeal the order. If the governing body fails to timely remedy the violation or timely appeal the order, the bill provides for the Department of Revenue to withhold state shared revenues to the county or municipality (except for revenues obligated to pay debt service) until such time the local government complies with the court order. The bill provides for the municipality or county to petition for restoration of revenue sharing upon a showing of compliance with the court’s order. (O’Hara/Cruz)