Text: SSB01264 Text: SSB01266 Text: SSB01200 - SSB01299 Text: SSB 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 If, on or after July 1, 2001, a state mandate is enacted by 1 6 the general assembly, or otherwise imposed, on a political 1 7 subdivision and the state mandate requires a political 1 8 subdivision to engage in any new activity, to provide a new 1 9 service, or to provide any service beyond that required by any 1 10 law enacted prior to July 1, 2001, and the state does not 1 11 appropriate moneys to fully fund the cost of the state mandate 1 12 as identified pursuant to section 25B.5, subsections 1 and 2, 1 13 the political subdivision is not required to perform the 1 14 activity or provide the service and the political subdivision 1 15 shall not be subject to any liabilities imposed by the state 1 16 or the imposition of any fines or penalties for the failure to 1 17 comply with the state mandate. 1 18 EXPLANATION 1 19 This bill provides that if a state mandate is enacted on or 1 20 after July 1, 2001, which requires the performance of a new 1 21 activity or service or requires the provision of any service 1 22 beyond what was required before July 1, 2001, the state 1 23 mandate must be fully funded by the state. If the state 1 24 mandate is not fully funded, the affected political 1 25 subdivisions are not required to comply with or implement the 1 26 state mandate. Also, no fines or penalties may be imposed on 1 27 a political subdivision and no liabilities may be imposed by 1 28 the state for failure to comply with or implement an unfunded 1 29 state mandate. Political subdivisions under the bill and Code 1 30 chapter 25B are cities, counties, townships, and school 1 31 districts. 1 32 The bill strikes Code section 25B.2, subsection 3, and 1 33 rewrites it as a new section outside the intent section of 1 34 Code chapter 25B. The bill removes language from the current 1 35 Code which states that requirements relating to public 2 1 employee retirement systems under Code chapters 97B, 410, and 2 2 411, or the enforcement of laws relating to driving while 2 3 drunk or any other public offense punishable by a fine or 2 4 imprisonment, are not considered state mandates. The bill 2 5 also removes language from the current Code which states that 2 6 requirements originating from the federal government and 2 7 administered, implemented, or enacted by state law or rule are 2 8 not considered state mandates. 2 9 LSB 3616SC 79 2 10 sc/cls/14
Text: SSB01264 Text: SSB01266 Text: SSB01200 - SSB01299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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