25B.2 - FINDINGS AND PURPOSE -- EFFECT OF UNFUNDED STATE MANDATE.
25B.2 FINDINGS AND PURPOSE -- EFFECT OF UNFUNDED
STATE MANDATE.
1. The general assembly finds that preceding actions of state
government in specifying the manner, standards, and conditions under
which public services are rendered to citizens by the political
subdivisions of this state in some cases have not resulted in
equitable relationships between the state government and its
political subdivisions. Some state actions have dealt in detail with
the internal management of the political subdivisions; some have
specified the establishment of new services and facilities without
providing new revenue sources or financial participation by the state
to meet the additional costs; and other actions have specified the
adoption of higher service standards without a complete assessment of
the impact on the expenditures and tax rates of the political
subdivisions.
2. It is the purpose of this chapter to enunciate policies,
criteria, and procedures to govern future state-initiated
specification of local government services, standards, employment
conditions, and retirement benefits that necessitates increased
expenditures by political subdivisions or agencies and entities which
contract with a political subdivision to provide services.
3. a. If, on or after July 1, 1994, a state mandate is
enacted by the general assembly, or otherwise imposed, on a political
subdivision and the state mandate requires a political subdivision to
engage in any new activity, to provide any new service, or to provide
any service beyond that required by any law enacted prior to July 1,
1994, and the state does not appropriate moneys to fully fund the
cost of the state mandate, the political subdivision is not required
to perform the activity or provide the service and the political
subdivision shall not be subject to the imposition of any fines or
penalties for the failure to comply with the state mandate unless the
legislation specifies the amount or proportion of the cost of the
state mandate which the state shall pay annually. However, this
subsection does not apply to any requirement imposed on a political
subdivision relating to public employee retirement systems under
chapters 97B, 410, and 411.
b. For the purposes of this subsection, any requirement
originating from the federal government and administered,
implemented, or enacted by the state, or any allocation of federal
moneys conditioned upon enactment of a state law or rule, is not a
state mandate.
c. For the purposes of this subsection, "political
subdivision" includes community colleges and area education
agencies. Section History: Recent Form
83 Acts, ch 142, § 2; 94 Acts, ch 1173, §2; 2008 Acts, ch 1032,
§201