Senator Blood Goes After Unfunded Mandates for a Third Time

By Gordon Hopkins Among the plethora of measures under consideration during this special session of the Nebraska Legislature is a constitutional amendment that would prohibit lawmakers from passing the costs of new laws onto local governments. Introduced by Senator Carol Blood (D-District 3) of Bellevue, LR1CA is her third attempt at eliminating unfunded mandates. Unfunded mandates is the term for laws, regulations or other requirements imposed by a higher level of government on a lower one, but without accompanying appropriations to cover the cost of compliance.If passed, LR1CA would require the state pay the full costs of new programs or increased levels of service, either through general fund appropriations or an increase in state distribution of revenue to the impacted political subdivision. Per the amendment's statement of intent, “LR1CA would not impose financial responsibility for a program or increased level of service for an existing program created after 2024 on any political subdivision within the state unless that subdivision is fully reimbursed by the state for the increased level of service or a new program. Reimbursement by the state would take form in a specific appropriation or an increase in revenue to a political subdivision.” Unfunded mandates can impact multiple levels of government, including counties, cities, villages and school districts. One example of an unfunded mandate is LB644, which passed in 2021 and took effect in 2022. Called the Property Tax Request Act, the bill was intended to set specific procedures in place for the requesting of property taxes to be levied for political subdivisions. The “post card bill,” as it has been dubbed, requires postcard mailings to taxpayers under certain changes to tax levies.Dr. Christopher Prososki, Ed.D., Superintendent of the Wymore Southern School District, told FJN when it passed, “Regarding other unfunded mandates, it seems like the Nebraska Legislature passes new laws yearly that require school districts to spend more money on different items. The most recent example is LB 644 or the post card bill. Superintendents do not have any inclination on the cost of this bill that will be passed on to school districts this fall in Nebraska.” Jefferson County Commissioners expressed their disappointment last year when Blood's prior attempt failed. Commissioner Mark Schoenrock said at the time, “Oftentimes in the legislature in Lincoln, the way they solve their budget problems is by transferring the issue to the counties. Let the counties pay for it.”“I really don't care if you have a D (Democrat), you have an R (Republican) behind your name. I’m after good government,” said Schoenrock. “So, we're going to be back again in January for that, because it's not fair to county government, and to you and I as county citizens, you know, to have things transferred to us that we have a responsibility for, but we never got the funds to do it.” LR1CA was unanimously voted out of the Government, Military and Veterans Affairs Committee and advanced to the general file.

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