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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