BALLOT QUESTION: MANDATES

Thursday, Oct. 14, 2004 | 12:59 p.m.

Twelve years ago Nevada voters overwhelmingly asked the Legislature to stop passing "unfunded mandates," laws that add to the duties that already cash-strapped local governments must perform.

Now the Nevada Association of Counties is asking the voters to pass another request to the Legislature, this time asking it to change the Nevada Constitution to bar such mandates. This question, unlike others on the ballot, does not directly change the Constitution.

Although the Legislature responded to the 1992 advisory question with a law that technically outlawed unfunded mandates, the Nevada Association of Counties points out that the state routinely includes legal language exempting particular bills from the law.

The answer, advocates argue, is to have a constitutional amendment that would lock in the ban on unfunded mandates.

"The Legislature circumvents its own law. What we're trying to do is close a loophole and carry out the will of the voters," association policy analyst Andrew List said.

"The state has a lot more flexibility to pay for these services," List said. Local governments such as the counties don't have the same flexibility. Eleven of Nevada's 17 counties are within 15 cents of the property-tax cap and cannot raise those taxes significantly.

"They are forced to make cuts in other areas: roads, libraries, social services, parks and recreation," List said.

The Clark County Commission in May passed a resolution in support of the advisory question. Every county in Nevada except Douglas will have the advisory question on the ballots; the Douglas County Commission acted too late to put the question on its ballot, but it passed a resolution in support of the measure.

The association said cities have been hit with another $1.3 million for the mandate.

Carole Vilardo, Nevada Taxpayers Association executive director, was tapped to write the argument against the advisory question for Clark County ballots.

Vilardo said the taxpayers group does not support unfunded mandates, but she has concerns if a constitutional amendment is passed to eliminate them.

"I don't think there's any question that local governments have been impacted by unfunded mandates," she said. "I understand the frustration, but the second part of the question is what I would characterize as a potential killer.

"If somewhere down the road, the state Legislature wants to expand services and proportionally reduce local government and local school district tax rates, that language would restrict that from happening," Vilardo said.