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House File 8

Partial Bill History

Bill Text

PAG LIN
  1  1                                              HOUSE FILE 8
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO THE FUNDING OF STATE MANDATES.
  1  5 
  1  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1  7 
  1  8    Section 1.  Section 25B.2, subsection 3, Code 1997, is
  1  9 amended by striking the subsection.
  1 10    Sec. 2.  Section 25B.3, subsection 1, Code 1997, is amended
  1 11 to read as follows:
  1 12    1.  "Political subdivision" means a city, county, township,
  1 13 community college, area education agency, or school district.
  1 14    Sec. 3.  NEW SECTION.  25B.5A  UNFUNDED STATE MANDATES –
  1 15 EFFECT.
  1 16    1.  If, on or after July 1, 1998, a state mandate is
  1 17 enacted by the general assembly, or otherwise imposed, on a
  1 18 political subdivision and the state mandate requires a
  1 19 political subdivision to engage in any new activity, to
  1 20 provide a new service, or to provide any service beyond that
  1 21 required by any law enacted prior to July 1, 1998, and the
  1 22 state does not appropriate moneys to fully fund the cost of
  1 23 the state mandate as identified pursuant to section 25B.5,
  1 24 subsections 1 and 2, the political subdivision is not required
  1 25 to perform the activity or provide the service and the
  1 26 political subdivision shall not be subject to any liabilities
  1 27 imposed by the state or the imposition of any fines or
  1 28 penalties for the failure to comply with the state mandate.
  1 29 However, this subsection does not apply to any requirement
  1 30 imposed on a political subdivision relating to public employee
  1 31 retirement systems under chapters 97B, 410, and 411 or to the
  1 32 enforcement of chapter 321J or the Iowa Criminal Code pursuant
  1 33 to chapters 701 to 728.
  1 34    2.  For the purposes of subsection 1, any requirement
  1 35 originating from the federal government and administered,
  2  1 implemented, or enacted by the state, or any allocation of
  2  2 federal moneys conditioned upon the enactment of state law or
  2  3 rule, is not a state mandate.  
  2  4 
  2  5 
  2  6                                                             
  2  7                               RON J. CORBETT
  2  8                               Speaker of the House
  2  9 
  2 10 
  2 11                                                             
  2 12                               MARY E. KRAMER
  2 13                               President of the Senate
  2 14 
  2 15    I hereby certify that this bill originated in the House and
  2 16 is known as House File 8, Seventy-seventh General Assembly.
  2 17 
  2 18 
  2 19                                                             
  2 20                               ELIZABETH ISAACSON
  2 21                               Chief Clerk of the House
  2 22 Approved                , 1998
  2 23 
  2 24 
  2 25                         
  2 26 TERRY E. BRANSTAD
  2 27 Governor
     

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Bills and Amendments: General Index     Bill History: General Index

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