Slide 39 of 84


Finally we have the state mandates provision, Section 29. It has two parts. The first is that for existing state mandates, ones that existed when the amendment passed, the state cannot reduce the states share of financing for those programs below the share in effect in the base year 1979. The major lawsuit, known as the Durant case, was based on this portion of the mandates provision.

The second part of the mandates provision that if the state mandates a new requirement on local government it must pay for it. There aren't many of examples of mandates that the state has allegedly placed on local government since 1979. II would say that the mandates provision is probably working and having the effect that the writers of the amendment expected.