Text: HF00009 Text: HF00011 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 1999, is
1 2 amended by striking the subsection.
1 3 Sec. 2. Section 25B.3, subsection 1, Code 1999, 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 –
1 8 EFFECT.
1 9 1. If, on or after July 1, 1999, 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, 1999, and the
1 15 state does not appropriate moneys to fully fund the cost of
1 16 the state mandate as identified pursuant to section 25B.5,
1 17 subsections 1 and 2, the political subdivision is not required
1 18 to perform the activity or provide the service and the
1 19 political subdivision shall not be subject to any liabilities
1 20 imposed by the state or the imposition of any fines or
1 21 penalties for the failure to comply with the state mandate.
1 22 However, this subsection does not apply to any requirement
1 23 imposed on a political subdivision relating to public employee
1 24 retirement systems under chapters 97B, 410, and 411 or to the
1 25 enforcement of chapter 321J, the Iowa criminal code, or to any
1 26 other chapter containing a public offense punishable by fine
1 27 or imprisonment.
1 28 2. For the purposes of subsection 1, any requirement
1 29 originating from the federal government and administered,
1 30 implemented, or enacted by the state, or any allocation of
1 31 federal moneys conditioned upon the enactment of state law or
1 32 rule, is not a state mandate.
1 33 EXPLANATION
1 34 This bill provides that if a new state mandate is imposed
1 35 on or after July 1, 1999, which requires the performance of a
2 1 new activity or service or the expansion of a service beyond
2 2 what was required before July 1, 1999, the state mandate must
2 3 be fully funded. If the state mandate is not fully funded,
2 4 the affected political subdivisions are not required to comply
2 5 or implement the state mandate. Also, no fines or penalties
2 6 may be imposed on a political subdivision for failure to
2 7 comply or carry out an unfunded state mandate.
2 8 However, requirements relating to public employee
2 9 retirement systems under Code chapters 97B, 410, and 411, or
2 10 the enforcement of laws relating to driving while drunk or any
2 11 other public offense punishable by a fine or imprisonment, are
2 12 not considered state mandates. Also, requirements originating
2 13 from the federal government and administered, implemented, or
2 14 enacted by state law or rule are not considered state
2 15 mandates.
2 16 This bill strikes Code section 25B.2, subsection 3, and
2 17 rewrites it as a new section outside the intent section of
2 18 Code chapter 25B. The rewritten section removes a qualifying
2 19 phrase which limits the circumstances under which a political
2 20 subdivision may fail to carry out an unfunded state mandate.
2 21 Community college and area education agency are added to
2 22 the definition of political subdivision as provided in Code
2 23 section 25B.2, subsection 3, which was stricken.
2 24 LSB 1366YH 78
2 25 tj/jw/5
2 26
Text: HF00009 Text: HF00011 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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