01-14-1985 Council Packet - Laserfiche WebLink

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GSGL-6. MANDATES (B) (cont'd) they are introduced in the legislature and a statement of compelling statewide interest to accompany all state mandates. Revenues or alternative revenue producing mechanisms other than the general property tax subject to levy limits, must accompany new mandates. Also, the legislature should repeal obsolete, unnecessary, and unduly restrictive mandatory laws and rules. GSGL-7. TORT AND DRAM SHOP LIABILITY (B) 1) The Municipal Tort Liability Act was enacted to protect the public treasury while giving the citizen relief from the arbitrary, confusing, and administratively expensive prior doctrine of sovereign immunity with its inconsistent and irrational distinctions between governmental and proprietary activities. The act has served that purpose well in the past, however, courts frequently forget or ignore the positive benefits secured to citizens damaged by public servants as a result of enactment of the comprehensive act which includes some limitations on liability and some qualifications of normal tort claims procedure. The special vulnerability of far-flung government operations to debilitating tort suits continues to require the existence of a tort claim act applicable to local governments or local governments and the state. Recent changes to increase the dollar amounts recoverable by plaintiffs were League supported and should be adequate to satisfy any reasonable claim. 2) Recently, the market for dram shop insurance has deteriorated dramatically. Many cities are having trouble getting renewal quotes on their dram shop coverage, and those which have gotten quotes have seen extremely large increases in the premium (in several instances more than ten times last year's premium). The problem is especially severe for cities with on -sale establishments or those which have had any claims in the recent past. Existing legislation directs the state insurance department to establish an assigned risk plan "if necessary". The League recommends that the legislature hold hearings on the availability and cost of dram shop insurance as well as on the underlying statute creating dram shop insurance liability to determine the cause of recent problems, and to act to ensure that insurance is available at a reasonable cost to cities and others operating liquor stores. GSGL-8. STATE LICENSING OF CONTRACTORS (B) The League opposes the state's takeover of trade contractor licensing. Licensing of general trade contractors and various other activities has long been a local prerogative, and the mechanism for licence review, Issuance, and enforcement is already in place. The primary reason that local licensing has been successful and therefore maintained at the local level is that