Text: HF00037 Text: HF00039 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 25B.2, subsection 3, Code 1995, is
1 2 amended by striking the subsection.
1 3 Sec. 2. Section 25B.3, subsection 1, Code 1995, is amended
1 4 to read as follows:
1 5 1. "Political subdivision" means a city, county, township,
1 6 community college, area education agency, or school district.
1 7 Sec. 3. NEW SECTION. 25B.5A UNFUNDED STATE MANDATES &endash;
1 8 EFFECT.
1 9 1. If, on or after July 1, 1995, a state mandate is
1 10 enacted by the general assembly, or otherwise imposed, on a
1 11 political subdivision and the state mandate requires a
1 12 political subdivision to engage in any new activity, to
1 13 provide a new service, or to provide any service beyond that
1 14 required by any law enacted prior to July 1, 1995, and the
1 15 state does not appropriate moneys to fully fund the cost of
1 16 the state mandate, the political subdivision is not required
1 17 to perform the activity or provide the service and the
1 18 political subdivision shall not be subject to the imposition
1 19 of any fines or penalties for the failure to comply with the
1 20 state mandate. However, this subsection does not apply to any
1 21 requirement imposed on a political subdivision relating to
1 22 public employee retirement systems under chapters 97B, 410,
1 23 and 411.
1 24 2. For the purposes of subsection 1, any requirement
1 25 originating from the federal government and administered,
1 26 implemented, or enacted by the state, or any allocation of
1 27 federal moneys conditioned upon the enactment of state law or
1 28 rule, is not a state mandate.
1 29 EXPLANATION
1 30 This bill provides that if a new state mandate is imposed
1 31 on or after July 1, 1995, which requires the performance of a
1 32 new activity, to expand an activity beyond what was required
1 33 before July 1, 1995, or to provide a new or expanded service,
1 34 the state mandate must be fully funded. If the state mandate
1 35 is not fully funded, the affected political subdivisions are
2 1 not required to comply or implement the state mandate. Also,
2 2 no fines or penalties may be imposed on a political
2 3 subdivision for failure to comply or carry out an unfunded
2 4 state mandate.
2 5 However, requirements relating to public employee
2 6 retirement systems under chapters 97B, 410, and 411 are not
2 7 considered state mandates. Also, requirements originating
2 8 from the federal government and administered, implemented, or
2 9 enacted by state law or rule are not considered state
2 10 mandates.
2 11 This bill strikes section 25B.2, subsection 3, and rewrites
2 12 it as a new section outside the intent section of chapter 25B.
2 13 The rewritten section removes a qualifying phrase which limits
2 14 the circumstances under which a political subdivision may fail
2 15 to carry out an unfunded state mandate.
2 16 Community college and area education agency are added to
2 17 the definition of political subdivision as provided in section
2 18 25B.2, subsection 3, which was stricken.
2 19 LSB 1376HH 76
2 20 tj/sc/14
Text: HF00037 Text: HF00039 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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