Unfunded Mandates Frustrate Local Government Entities

By Gordon HopkinsLocal government entities have looked to the legislature for a solution to the problem of unfunded mandates but, with the end of the most recent legislative session, some officials complain they have not seen the issue addressedUnfunded 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.Dr. Christopher Prososki, Ed.D., Superintendent of the Wymore Southern School District, recently told FJN, “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.”LB 644 is the Property Tax Request Act, which is intended set specific procedures in place for the requesting of property taxes to be levied for political subdivisions. The Nebraska Association of County Officials (NACO) estimates there will be a negative fiscal impact for counties as a result of the need for paying overtime wages for hearings as well as for postage required by the Act.The “post card bill,” as it has been dubbed, requires postcard mailings to taxpayers under certain changes to tax levies.Dr. Prososki pointed out, “As with anything, I feel it is important to provide local control to school districts and the state needs to provide more funds to school districts in Nebraska to offset the property tax burden that is put on local patrons. There were two great bills to do this, LB 890 and 891, but they did not pass this spring.”A constitutional amendment intended to curb unfunded mandates failed to make it out of the legislature. Had it passed, LR263CA would have required the state to 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.The bill was introduced by Senator Carol Blood (District 3) of Bellevue, who is currently running for governor of Nebraska on the Democratic ticket.Blood indicated unfunded mandates have increased in recent years and believes her proposal would help reduce property taxes in Nebraska, “When we place an unfunded or under-funded mandate on our political subdivisions, they really have few options when it comes to paying for those mandates outside of property taxes.”The Jefferson County Commissioners expressed their disappointment at the amendment failure.At a meeting earlier this month, commissioner Mark Schoenrock said, “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.”

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