How Legislation Will Impact Counties

By Gordon HopkinsJefferson County Commissioners have observed that several bills currently under consideration in the legislature this year will have significant impact on county governments. As a result, commissioners have made multiple trips to the legislature to testify on bills and have sent letters supporting or opposing certain bills.At a meeting on Tuesday, February 20, 2024, Jefferson County Commissioner Mark Schoenrock said, “We were talking yesterday. People can’t remember a legislature where there have been so many issues in the legislature that directly impact county government.”Commission Chair Gale Pohlmann added, “Especially the financial side.” Behavioral Health AidGovernor Jim Pillen has recommended a $15 million cut to the behavioral health aid base in fiscal year 2024 and 2025 as part of the biennial budget adjustment.Pohlmann spoke in opposition to the proposed cut at the Appropriations Committee of the Nebraska Legislature.Pohlmann said, “The $15 million is directly and permanently being removed from Program 38, Behavioral Health Aid.”Program 38 is responsible for distributing state aid for behavioral health services, including mental health, substance abuse and addiction services.“This reduction of funds for behavioral services is in direct contrast with what we know is a behavioral health crisis occurring statewide. As a county commissioner, we see it in our jail population with individuals waiting in our county jails for spots to open up at the Lincoln Regional Center (LRC). Last week, Brad Johnson, Director of Lancaster County Corrections, testified before the Judiciary Committee that there are 14 individuals waiting on average of 74 days to be admitted to the LRC. We are all too familiar with hearing from our local hospitals, about the number of individuals admitting to our hospitals and taking up beds when they need to be in the LRC,” said Pohlmann. “Every day I see Nebraskans across our community who are experiencing significant mental health and severe substance use issues, and we know there are access issues. This budget reduction would be a significant setback in the regional behavioral health authorities effort to make improvements, cover gaps and needs, improve access and sustain capacity in the recovery oriented system of care.” Inheritance TaxSenator Robert Clements, District 2, of Elmwood, has made eliminating inheritance tax a top priority. That is why he introduced LB (Legislative Bill) 1067, which phases out what he calls the “death tax” in increments each year, beginning in 2025, until 2028, when it would be eliminated completely.Rural counties like Jefferson rely on inheritance tax and, without it, would have to either raise the tax levy or eliminated services. Jon Cannon, the executive director of NACO (Nebraska Association of County Officials), estimates counties would have to raise their tax levies by 11 percent to offset the loss of funding.Commissioner Schoenrock and other county officials have previously said they would support eliminating inheritance tax but only if the lost revenue is replaced. At a meeting of the commissioners on Tuesday, February 20, Schoenrock said, “We’ve talked to a lot of state senators about this. We’ve been up there (Lincoln) a lot.“Senator (Tom) Brandt is supportive of counties. He realizes the impact that the elimination of inheritance tax would have on county government, and he is supportive of, if it is taken away or reduced, of having replacement revenue for that,” said Schoenrock.LB 1067 does offer two new funding sources for counties, lodging tax revenue and reimbursing counties for housing state inmates in their jails. However, county commissioner expressed doubt that would come close to replacing the full amount of lost funds. Replacing Lost RevenueSchoenrock testified in front of the legislature not only regarding inheritance tax but also in support of LR287CA, a proposed constitutional amendment that would to require the state to compensate political subdivisions for any locally imposed revenue source that is reduced or eliminated by the legislature.JailsLB 996 would place all county jails under the management and supervision of the Nebraska Department of Correctional Services.Jefferson County Sheriff Nick Georgi expressed doubt this bill would make it through the legislature.“I know it’s widely opposed,” said the sheriff at the Quarterly Law Enforcement Committee meeting.“The Department of Corrections would basically take over responsibility of the county jail. Basically, they would be in charge of it, they would run it,” the sheriff explained, noting the county would be expected to pay for Department of Corrections staff.Jefferson County Commissioners are opposed to the bill.AssessorsLB 1183 was introduced by Senator Eliot Bostar. District 29, and would empower county boards to appoint the County Assessor. Currently, County Assessor is an elected official.The bill also mandates that the valuation a county assessor places on a property, shall be considered an offer to purchase that property by the county, for the valuation price. The property owner would have 90 days to accept the offer made by the county.Commissioners are doubtful the bill will pass. Schoenrock said, “I don’t think that’s going anywhere.”Another bill, LB 949, introduced by Senator Lou Ann Linehan, District 39, would require yearly property reappraisal. Currently, Jefferson County reappraises property every six years.Pohlmann indicated his opposition, “That’s still in committee. Let’s hope it stays there.” County AttorneysLB 963, introduced by Senator Justin Wayne, District 13, would replace the current county attorney system and replace it with a district attorney system. District court judicial districts will be managed by these new district attorneys, and county attorneys will be assigned to each county within a district. The new district attorneys will be selected by the Nebraska Attorney General. Currently, county attorneys are an elected office.Pohlmann indicted his problem with the bill was that it didn’t take into consideration all the things that a county attorney does outside of criminal matters. Joseph Casson, who serves as County Attorney for both Jefferson and Thayer Counties, also draws up contracts, researches legal matters and provides legal advise to county commissioners as well as prosecuting criminal cases.Pohlmann said, “They would get all kinds of criminal stuff, but who’s going to take care of the county board?”

2024 Candidate Filing Deadline Looms

Repairs On Rock Island Depot Roof Nearly Complete

Related Articles

Swearing in City Governments

Special Report: Toxic Power

It’s Beginning to Look a Lot Like Christmas

Construction Begins on New Band Shelter