Text: SF00528 Text: SF00530 Text: SF00500 - SF00599 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 25B.2, subsection 3, Code 2001, is
1 2 amended by striking the subsection.
1 3 Sec. 2. NEW SECTION. 25B.5A UNFUNDED STATE MANDATES –
1 4 EFFECT.
1 5 1. If, on or after July 1, 2001, a state mandate is
1 6 enacted by the general assembly, or otherwise imposed, on a
1 7 political subdivision and the state mandate requires a
1 8 political subdivision to engage in any new activity, to
1 9 provide a new service, or to provide any service beyond that
1 10 required by any law enacted prior to July 1, 2001, and the
1 11 state does not appropriate moneys to fully fund the cost of
1 12 the state mandate as identified pursuant to section 25B.5,
1 13 subsections 1 and 2, the political subdivision is not required
1 14 to perform the activity or provide the service and the
1 15 political subdivision shall not be subject to any liabilities
1 16 imposed by the state or the imposition of any fines or
1 17 penalties for the failure to comply with the state mandate.
1 18 However, this subsection does not apply to any requirement
1 19 imposed on a political subdivision relating to the conduct of
1 20 elections or to public employee retirement systems under
1 21 chapters 97B, 410, and 411 or to the enforcement of chapter
1 22 321J or the Iowa criminal code pursuant to chapters 701 to
1 23 728.
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 state mandate is enacted on or
1 31 after July 1, 2001, which requires the performance of a new
1 32 activity or service or requires the provision of any service
1 33 beyond what was required before July 1, 2001, the state
1 34 mandate must be fully funded by the state. If the state
1 35 mandate is not fully funded, the affected political
2 1 subdivisions are not required to comply with or implement the
2 2 state mandate. Also, no fines or penalties may be imposed on
2 3 a political subdivision and no liabilities may be imposed by
2 4 the state for failure to comply with or implement an unfunded
2 5 state mandate. Political subdivisions under the bill and Code
2 6 chapter 25B are cities, counties, townships, and school
2 7 districts.
2 8 The bill strikes Code section 25B.2, subsection 3, and
2 9 rewrites it as a new section outside the intent section of
2 10 Code chapter 25B. The bill provides that requirements
2 11 relating to the conduct of elections or public employee
2 12 retirement systems under Code chapters 97B, 410, and 411, or
2 13 the enforcement of laws relating to driving while intoxicated
2 14 or any other criminal code offense punishable by a fine or
2 15 imprisonment, are not considered state mandates. The bill
2 16 also provides that requirements originating from the federal
2 17 government and administered, implemented, or enacted by state
2 18 law or rule are not considered state mandates.
2 19 LSB 3616SV 79
2 20 sc/cls/14
Text: SF00528 Text: SF00530 Text: SF00500 - SF00599 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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