Text: HF00188 Text: HF00190 Text: HF00100 - HF00199 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 1376HV 76 2 20 tj/sc/14
Text: HF00188 Text: HF00190 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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