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Text: H03197                            Text: H03199
Text: H03100 - H03199                   Text: H Index
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House Amendment 3198

Amendment Text

PAG LIN
  1  1    Amend the amendment, H-3030, to Senate File 69, as
  1  2 passed by the Senate, as follows:
  1  3    #1.  By striking page 19, line 23 through page 30,
  1  4 line 5 and inserting the following:
  1  5    "Sec. 100.  Section 123.38, unnumbered paragraph 2,
  1  6 Code 1995, is amended to read as follows:
  1  7    Any licensee or permittee, or the licensee's or
  1  8 permittee's executor or administrator, or any person
  1  9 duly appointed by the court to take charge of and
  1 10 administer the property or assets of the licensee or
  1 11 permittee for the benefit of the licensee's or
  1 12 permittee's creditors, may voluntarily surrender a
  1 13 license or permit to the division.  When a license or
  1 14 permit is surrendered the division shall notify the
  1 15 local authority, and the division or the local
  1 16 authority shall refund to the person surrendering the
  1 17 license or permit, a proportionate amount of the fee
  1 18 received by the division or the local authority for
  1 19 the license or permit as follows:  If a license or
  1 20 permit is surrendered during the first three months of
  1 21 the period for which it was issued, the refund shall
  1 22 be three-fourths of the amount of the fee; if
  1 23 surrendered more than three months but not more than
  1 24 six months after issuance, the refund shall be one-
  1 25 half of the amount of the fee; if surrendered more
  1 26 than six months but not more than nine months after
  1 27 issuance, the refund shall be one-fourth of the amount
  1 28 of the fee.  No refund shall be made, however, for any
  1 29 special liquor permit, nor for a liquor control
  1 30 license, wine permit, or beer permit surrendered more
  1 31 than nine months after issuance.  For purposes of this
  1 32 paragraph, any portion of license or permit fees used
  1 33 for the purposes authorized in section 331.424,
  1 34 subsection 1, paragraphs "a", and "b", "c", "d", "e",
  1 35 "f", "g", and "h", and in section 331.438A, shall not
  1 36 be deemed received either by the division or by a
  1 37 local authority.  No refund shall be made to any
  1 38 licensee or permittee, upon the surrender of the
  1 39 license or permit, if there is at the time of
  1 40 surrender, a complaint filed with the division or
  1 41 local authority, charging the licensee or permittee
  1 42 with a violation of this chapter.  If upon a hearing
  1 43 on a complaint the license or permit is not revoked or
  1 44 suspended, then the licensee or permittee is eligible,
  1 45 upon surrender of the license or permit, to receive a
  1 46 refund as provided in this section; but if the license
  1 47 or permit is revoked or suspended upon hearing the
  1 48 licensee or permittee is not eligible for the refund
  1 49 of any portion of the license or permit fee.
  1 50    Sec. 101.  Section 218.99, Code 1995, is amended to
  2  1 read as follows:
  2  2    218.99  COUNTY AUDITORS TO BE NOTIFIED OF PATIENTS'
  2  3 PERSONAL ACCOUNTS.
  2  4    The administrator of a division of the department
  2  5 of human services in control of a state institution
  2  6 shall direct the business manager of each institution
  2  7 under the administrator's jurisdiction which is
  2  8 mentioned in section 331.424, subsection 1, paragraphs
  2  9 "a" through "g" and "b" and for which services are
  2 10 paid under section 331.438A to quarterly inform the
  2 11 auditor of the county of legal settlement of any
  2 12 patient or resident who has an amount in excess of two
  2 13 hundred dollars on account in the patients' personal
  2 14 deposit fund and the amount on deposit.  The
  2 15 administrators shall direct the business manager to
  2 16 further notify the auditor of the county at least
  2 17 fifteen days before the release of funds in excess of
  2 18 two hundred dollars or upon the death of the patient
  2 19 or resident.  If the patient or resident has no county
  2 20 of legal settlement, notice shall be made to the
  2 21 director of the department of human services and the
  2 22 administrator of the division of the department in
  2 23 control of the institution involved.
  2 24    Sec. 102.  Section 225C.4, subsection 2, paragraph
  2 25 b, Code 1995, is amended to read as follows:
  2 26    b.  Establish mental health and mental retardation
  2 27 services for all institutions under the control of the
  2 28 director of human services and establish an autism
  2 29 unit, following mutual planning with and consultation
  2 30 from the medical director of the state psychiatric
  2 31 hospital, at an institution or a facility administered
  2 32 by the administrator to provide psychiatric and
  2 33 related services and other specific programs to meet
  2 34 the needs of autistic persons as defined in section
  2 35 331.424, subsection 1, and to furnish appropriate
  2 36 diagnostic evaluation services.
  2 37    Sec. 103.  Section 331.301, subsection 12, Code
  2 38 1995, is amended to read as follows:
  2 39    12.  The board of supervisors may credit funds to a
  2 40 reserve for the purposes authorized by subsection 11
  2 41 of this section; section 331.424, subsection 1,
  2 42 paragraph "l" "f"; and section 331.441, subsection 2,
  2 43 paragraph "b".  Moneys credited to the reserve, and
  2 44 interest earned on such moneys, shall remain in the
  2 45 reserve until expended for purposes authorized by
  2 46 subsection 11 of this section; section 331.424,
  2 47 subsection 1, paragraph "l" "f"; or section 331.441,
  2 48 subsection 2, paragraph "b".
  2 49    Sec. 104.  Section 331.424, subsection 1, Code
  2 50 1995, is amended to read as follows:
  3  1    1.  For general county services, an amount
  3  2 sufficient to pay the charges for the following:
  3  3    a.  To the extent that the county is obligated by
  3  4 statute to pay the charges for:
  3  5    (1)  Care and treatment of patients by a state
  3  6 mental health institute.
  3  7    (2)  Care and treatment of patients by either of
  3  8 the state hospital-schools or by any other facility
  3  9 established under chapter 222 and diagnostic
  3 10 evaluation under section 222.31.
  3 11    (3)  Care and treatment of patients under chapter
  3 12 225.
  3 13    (4) (1)  Care and treatment of persons at the
  3 14 alcoholic treatment center at Oakdale.  However, the
  3 15 county may require that an admission to the center
  3 16 shall be reported to the board by the center within
  3 17 five days as a condition of the payment of county
  3 18 funds for that admission.
  3 19    (5) (2)  Care of children admitted or committed to
  3 20 the Iowa juvenile home at Toledo.
  3 21    (6) (3)  Clothing, transportation, medical, or
  3 22 other services provided persons attending the Iowa
  3 23 braille and sight saving school, the Iowa school for
  3 24 the deaf, or the state hospital-school for severely
  3 25 handicapped children at Iowa City, for which the
  3 26 county becomes obligated to pay pursuant to sections
  3 27 263.12, 269.2, and 270.4 through 270.7.
  3 28    b.  To the extent that the board deems it advisable
  3 29 to pay, the charges for professional evaluation,
  3 30 treatment, training, habilitation, and care of persons
  3 31 who are mentally retarded, autistic persons, or
  3 32 persons who are afflicted by any other developmental
  3 33 disability, at a suitable public or private facility
  3 34 providing inpatient or outpatient care in the county.
  3 35 As used in this paragraph:
  3 36    (1)  "Developmental disability" has the meaning
  3 37 assigned that term by 42 U.S.C. sec. 6001(7) (1976),
  3 38 Supp. II, 1978, and Supp. III, 1979.
  3 39    (2)  "Autistic persons" means persons, regardless
  3 40 of age, with severe communication and behavior
  3 41 disorders that became manifest during the early stages
  3 42 of childhood development and that are characterized by
  3 43 a severely disabling inability to understand,
  3 44 communicate, learn, and participate in social
  3 45 relationships.  "Autistic persons" includes but is not
  3 46 limited to those persons afflicted by infantile
  3 47 autism, profound aphasia, and childhood psychosis.
  3 48    c.  Care and treatment of persons placed in the
  3 49 county hospital, county care facility, a health care
  3 50 facility as defined in section 135C.1, subsection 6,
  4  1 or any other public or private facility, which
  4  2 placement is in lieu of admission or commitment to or
  4  3 is upon discharge, removal, or transfer from a state
  4  4 mental health institute, hospital-school, or other
  4  5 facility established pursuant to chapter 222.
  4  6    d.  Amounts budgeted by the board for the cost of
  4  7 establishment and initial operation of a community
  4  8 mental health center in the manner and subject to the
  4  9 limitations provided by state law.
  4 10    e. b.  Foster care and related services provided
  4 11 under court order to a child who is under the
  4 12 jurisdiction of the juvenile court, including court-
  4 13 ordered costs for a guardian ad litem under section
  4 14 232.71.
  4 15    f.  The care, admission, commitment, and
  4 16 transportation of mentally ill patients in state
  4 17 hospitals, to the extent that expenses for these
  4 18 services are required to be paid by the county,
  4 19 including compensation for the advocate appointed
  4 20 under section 229.19.
  4 21    g.  Amounts budgeted by the board for mental health
  4 22 services or mental retardation services furnished to
  4 23 persons on either an outpatient or inpatient basis, to
  4 24 a school or other public agency, or to the community
  4 25 at large, by a community mental health center or other
  4 26 suitable facility located in or reasonably near the
  4 27 county, provided that services meet the standards of
  4 28 the mental health and developmental disabilities
  4 29 commission created in section 225C.5 and are
  4 30 consistent with the annual plan for services approved
  4 31 by the board.
  4 32    h.  Reimbursement on behalf of mentally retarded
  4 33 persons under section 249A.12.
  4 34    i. c.  Elections, and voter registration pursuant
  4 35 to chapter 48A.
  4 36    j. d.  Employee benefits under chapters 96, 97B,
  4 37 and 97C, which are associated with salaries for
  4 38 general county services.
  4 39    k. e.  Joint county and city building authorities
  4 40 established under section 346.27, as provided in
  4 41 subsection 22 of that section.
  4 42    l. f.  Tort liability insurance, property
  4 43 insurance, and any other insurance that may be
  4 44 necessary in the operation of the county, costs of a
  4 45 self-insurance program, costs of a local government
  4 46 risk pool, and amounts payable under any insurance
  4 47 agreements to provide or procure such insurance, self-
  4 48 insurance program, or local government risk pool.
  4 49    m. g.  The maintenance and operation of the courts,
  4 50 including but not limited to the salary and expenses
  5  1 of the clerk of the district court and other employees
  5  2 of the clerk's office, and bailiffs, court costs if
  5  3 the prosecution fails or if the costs cannot be
  5  4 collected from the person liable, costs and expenses
  5  5 of prosecution under section 189A.17, salaries and
  5  6 expenses of juvenile court officers under chapter 602,
  5  7 court-ordered costs in domestic abuse cases under
  5  8 section 236.5, the county's expense for confinement of
  5  9 prisoners under chapter 356A, temporary assistance to
  5 10 the county attorney, county contributions to a
  5 11 retirement system for bailiffs, reimbursement for
  5 12 judicial magistrates under section 602.6501, claims
  5 13 filed under section 622.93, interpreters' fees under
  5 14 section 622B.7, uniform citation and complaint
  5 15 supplies under section 805.6, and costs of prosecution
  5 16 under section 815.13.
  5 17    n. h.  Court-ordered costs of conciliation
  5 18 procedures under section 598.16.
  5 19    o. i.  Establishment and maintenance of a joint
  5 20 county indigent defense fund pursuant to an agreement
  5 21 under section 28E.19.
  5 22    p. j.  The maintenance and operation of a local
  5 23 emergency management agency established pursuant to
  5 24 chapter 29C.
  5 25    The board may require a public or private facility,
  5 26 as a condition of receiving payment from county funds
  5 27 for services it has provided, to furnish the board
  5 28 with a statement of the income, assets, and legal
  5 29 residence including township and county of each person
  5 30 who has received services from that facility for which
  5 31 payment has been made from county funds under
  5 32 paragraphs "a" through "h" and "b".  However, the
  5 33 facility shall not disclose to anyone the name or
  5 34 street or route address of a person receiving services
  5 35 for which commitment is not required, without first
  5 36 obtaining that person's written permission.
  5 37    Parents or other persons may voluntarily reimburse
  5 38 the county or state for the reasonable cost of caring
  5 39 for a patient or an inmate in a county or state
  5 40 facility.
  5 41    Sec. 105.  NEW SECTION.  331.424A  MENTAL HEALTH,
  5 42 MENTAL RETARDATION, AND DEVELOPMENTAL DISABILITIES
  5 43 SERVICES FUND.
  5 44    1.  For the purposes of this chapter, unless the
  5 45 context otherwise requires, "services fund" means the
  5 46 county mental health, mental retardation, and
  5 47 developmental disabilities services fund created in
  5 48 subsection 2.
  5 49    2.  For the fiscal year beginning July 1, 1995, and
  5 50 succeeding fiscal years, county revenues from taxes
  6  1 and other sources designated for mental health, mental
  6  2 retardation, and developmental disabilities services
  6  3 shall be credited to the mental health, mental
  6  4 retardation, and developmental disabilities services
  6  5 fund of the county.  The board may make appropriations
  6  6 from the fund for payment of services provided under
  6  7 the county management plan approved pursuant to
  6  8 section 331.439.
  6  9    3.  For the fiscal year beginning July 1, 1995, and
  6 10 succeeding fiscal years, receipts from the state or
  6 11 federal government for such services shall be credited
  6 12 to the services fund, including moneys allotted to the
  6 13 county from the state payment made pursuant to section
  6 14 331.439 and moneys allotted to the county for property
  6 15 tax relief pursuant to section 426B.1.
  6 16    4.  For the fiscal year beginning July 1, 1995, and
  6 17 for each subsequent fiscal year, the county may
  6 18 certify a levy for payment of services.  Unless
  6 19 otherwise provided by state law, for each fiscal year,
  6 20 county revenues from taxes imposed by the county
  6 21 credited to the services fund shall not exceed an
  6 22 amount equal to the amount of base year expenditures
  6 23 for services in the fiscal year beginning July 1,
  6 24 1993, and ending June 30, 1994, as defined in section
  6 25 331.438 less the amount of property tax relief to be
  6 26 received pursuant to section 426B.2, subsections 1 and
  6 27 3, in the fiscal year for which the budget is
  6 28 certified.
  6 29    5.  Appropriations specifically authorized to be
  6 30 made from the mental health, mental retardation, and
  6 31 developmental disabilities services fund shall not be
  6 32 made from the general fund of the county.
  6 33    Sec. 106.  Section 331.438, subsection 1, paragraph
  6 34 b, Code 1995, is amended to read as follows:
  6 35    b.  "State payment" means the payment made by the
  6 36 state to a county determined to be eligible for the
  6 37 payment in accordance with section 331.439.
  6 38    1A.  Except as modified based upon the actual
  6 39 amount of the appropriation for purposes of state
  6 40 payment under section 331.439, the amount of the state
  6 41 payment for a fiscal year shall be calculated as fifty
  6 42 one hundred percent of the amount by which the
  6 43 county's qualified expenditures during the immediately
  6 44 preceding fiscal year were in excess of the amount of
  6 45 the county's base year expenditures.  Any state
  6 46 funding received by a county for property tax relief
  6 47 in accordance with section 426B.2, subsections 1 and
  6 48 3, is not a state payment and shall not be included in
  6 49 the state payment calculation made pursuant to this
  6 50 subsection.
  7  1    Sec. 107.  Section 331.438, subsection 3, paragraph
  7  2 c, Code 1995, is amended by adding the following new
  7  3 subparagraph:
  7  4    NEW SUBPARAGRAPH.  (15)  On or before December 1,
  7  5 1995, submit to the governor and the general assembly
  7  6 any recommended changes in the formula for
  7  7 distributing property tax relief moneys to counties
  7  8 under section 426B.2, subsections 1 through 3.
  7  9    Sec. 108.  Section 331.439, Code 1995, is amended
  7 10 by striking the section and inserting in lieu thereof
  7 11 the following:
  7 12    331.439  ELIGIBILITY FOR STATE PAYMENT.
  7 13    1.  The state payment to eligible counties under
  7 14 this section shall be made as provided in section
  7 15 331.438A.  A county is eligible for the state payment,
  7 16 as defined in section 331.438, for the fiscal year
  7 17 beginning July 1, 1995, and for subsequent fiscal
  7 18 years if the director of human services determines for
  7 19 a specific fiscal year that all of the following
  7 20 conditions are met:
  7 21    a.  The county accurately reported by October 15
  7 22 the county's expenditures for mental health, mental
  7 23 retardation, and developmental disabilities services
  7 24 for the previous fiscal year on forms prescribed by
  7 25 the department of human services.
  7 26    b.  The county developed and implemented a county
  7 27 management plan for the county's mental health and
  7 28 mental retardation services in accordance with the
  7 29 provisions of this paragraph.  The plan shall comply
  7 30 with the administrative rules adopted for this purpose
  7 31 by the council on human services and is subject to the
  7 32 approval of the director of human services in
  7 33 consultation with the state-county management
  7 34 committee created in section 331.438.  The plan shall
  7 35 include a description of the county's service
  7 36 management provision for mental health, mental
  7 37 retardation, and developmental disabilities services.
  7 38 The plan shall have the following two parts:
  7 39    (1)  For mental health service management, the
  7 40 county must contract with a state-approved managed
  7 41 mental health care contractor or provide a comparable
  7 42 system of managed care.  For the fiscal year beginning
  7 43 July 1, 1995, the county shall submit this part of the
  7 44 plan by October 1, 1995, and implement the approved
  7 45 plan by January 1, 1996.  For subsequent fiscal years,
  7 46 this part of the plan shall be submitted to the
  7 47 department by April 1 for the succeeding fiscal year.
  7 48    (2)  For mental retardation and developmental
  7 49 disabilities services management, the plan shall
  7 50 describe the county's development and implementation
  8  1 of a managed system of individualized services and
  8  2 other support.  The managed system shall be designed
  8  3 to provide the individuals served with a choice of
  8  4 services and other support that will assist the
  8  5 individuals to be as independent, productive, and
  8  6 integrated with the community as possible.  The county
  8  7 may directly implement the system and contract with
  8  8 service providers and contract for other needed
  8  9 services or support for an individual only after
  8 10 identifying the type and level of services and support
  8 11 needed and desired by the individual and a reasonable
  8 12 rate of reimbursement.  If costs of providing vouchers
  8 13 or cash payments would be equal to or less than
  8 14 directly providing or contracting for services, and
  8 15 the individuals so desire, vouchers or cash payments
  8 16 shall be provided to the individuals to allow them to
  8 17 arrange for their own services or support.  The county
  8 18 may enter into a contract with a private entity to
  8 19 manage this individualized system, provided all
  8 20 requirements of this subparagraph are met by the
  8 21 private entity.
  8 22    c.  Changes to the approved plan are submitted
  8 23 sixty days prior to the proposed change and are not to
  8 24 be implemented prior to the director of human
  8 25 services' approval.
  8 26    2.  A county may provide assistance to service
  8 27 populations with disabilities to which the county has
  8 28 historically provided assistance but who are not
  8 29 included in the service management provisions required
  8 30 under subsection 1, subject to the availability of
  8 31 funding.
  8 32    3.  For the fiscal year beginning July 1, 1996, and
  8 33 succeeding fiscal years, the county's mental health,
  8 34 mental retardation, and developmental disabilities
  8 35 assistance expenditures for a fiscal year are limited
  8 36 to a fixed budget amount.  The amount of the fixed
  8 37 budget shall be the amount identified in the county's
  8 38 management plan and budget for the fiscal year.  The
  8 39 county shall be allowed an inflation factor adjustment
  8 40 for assistance paid from the county's services fund
  8 41 under section 331.424A which is in accordance with the
  8 42 county's management plan and budget, implemented
  8 43 pursuant to section 331.439.  The state-county
  8 44 management committee shall recommend an inflation
  8 45 factor adjustment by August 1 for the succeeding
  8 46 fiscal year.  The inflation factor adjustment shall
  8 47 address costs associated with new consumers of
  8 48 assistance, service cost inflation, and investments
  8 49 for economy and efficiency.
  8 50    4.  A county's implementation of the service
  9  1 management provisions required under subsection 1 for
  9  2 mental health and mental retardation shall incorporate
  9  3 the single entry point process described in section
  9  4 331.440.
  9  5    5.  The basis for determining whether a managed
  9  6 care system for mental health proposed by a county is
  9  7 comparable to a mental health managed care contractor
  9  8 approved by the department of human services shall
  9  9 include but is not limited to all of the following
  9 10 elements as specified in administrative rules adopted
  9 11 by the department in consultation with the state-
  9 12 county management committee:
  9 13    a.  The enrollment and eligibility process.
  9 14    b.  The scope of services included.
  9 15    c.  The method of plan administration.
  9 16    d.  The process for managing utilization and access
  9 17 to services and other assistance.
  9 18    e.  The quality assurance process.
  9 19    f.  The risk management provisions and fiscal
  9 20 viability of the provisions, if the county contracts
  9 21 with a private managed care entity.
  9 22    6.  A county shall not terminate assistance to any
  9 23 individual with a mental illness, mental retardation,
  9 24 or a developmental disability who was receiving
  9 25 assistance as of January 1, 1995.  However, the county
  9 26 may implement a waiting list for assistance if new
  9 27 demand for assistance exceeds the funding available in
  9 28 the county's fixed budget.  The county management plan
  9 29 shall describe how the county will make crisis
  9 30 assistance available to address the immediate needs of
  9 31 any individual placed on a waiting list until an
  9 32 individualized plan is developed and implemented for
  9 33 the individual.
  9 34    7.  The director's approval of a county's mental
  9 35 health, mental retardation, and developmental
  9 36 disabilities services management plan shall not be
  9 37 construed to constitute certification of the county's
  9 38 budget.
  9 39    Sec. 109.  NEW SECTION.  426B.1  PROPERTY TAX
  9 40 RELIEF FUND.
  9 41    1.  For the purposes of this chapter, unless the
  9 42 context otherwise requires, "property tax relief fund"
  9 43 means the property tax relief fund created in section
  9 44 8.57A.
  9 45    2.  There is appropriated to the property tax
  9 46 relief fund for the indicated fiscal years from the
  9 47 general fund of the state the following amounts:
  9 48    a.  For the fiscal year beginning July 1, 1995,
  9 49 seventy-five million dollars.
  9 50    b.  For the fiscal year beginning July 1, 1996, one
 10  1 hundred million dollars.
 10  2    c.  For the fiscal year beginning July 1, 1997, one
 10  3 hundred twenty-five million dollars.
 10  4    d.  For the fiscal year beginning July 1, 1998, one
 10  5 hundred fifty million dollars.
 10  6    e.  For the fiscal year beginning July 1, 1999, and
 10  7 succeeding fiscal years, one hundred seventy-five
 10  8 million dollars.
 10  9    3.  In each fiscal year, the amount appropriated
 10 10 pursuant to subsection 2 shall be reduced by the
 10 11 amount of the moneys in the property tax relief fund
 10 12 which were carried forward from the previous fiscal
 10 13 year.
 10 14    Sec. 110.  NEW SECTION.  426B.2  PROPERTY TAX
 10 15 RELIEF FUND DISTRIBUTIONS.
 10 16    Moneys in the property tax relief fund shall be
 10 17 utilized in each fiscal year as follows in the order
 10 18 listed:
 10 19    1.  The first seventy-five million dollars plus the
 10 20 amount paid pursuant to subsection 3 in the previous
 10 21 fiscal year in the property tax relief fund shall be
 10 22 paid to each county for property tax relief in the
 10 23 same proportion that the county's base year
 10 24 expenditure bears to the total of all counties' base
 10 25 year expenditures as defined in section 331.438.
 10 26    2.  Payment of moneys to eligible counties of the
 10 27 state payment in accordance with the provisions of
 10 28 sections 331.438 and 331.439.  Moneys provided to a
 10 29 county for property tax relief in a fiscal year in
 10 30 accordance with this section shall not be less than
 10 31 the amount provided for property tax relief in the
 10 32 previous fiscal year.
 10 33    3.  The department of human services shall estimate
 10 34 the amount of moneys required for the state payment
 10 35 pursuant to subsection 2.  Moneys remaining in the
 10 36 expenditure relief fund following the payment made
 10 37 pursuant to subsection 1 and the estimated amount of
 10 38 the state payment pursuant to subsection 2 shall be
 10 39 paid to counties for property tax relief in the same
 10 40 manner as provided in subsection 1.  These payments
 10 41 shall continue until the combined amount of the
 10 42 payments made under this subsection and subsection 1
 10 43 are equal to fifty percent of the total of all
 10 44 counties' base year expenditures as defined in section
 10 45 331.438.  The amount of moneys paid to a county
 10 46 pursuant to this subsection shall be added in
 10 47 subsequent fiscal years to the amount of moneys paid
 10 48 under subsection 1.
 10 49    4.  Moneys remaining in the property tax relief
 10 50 fund following the payments made pursuant to
 11  1 subsections 1, 2, and 3 shall be transferred to the
 11  2 homestead credit fund created in section 425.1.  This
 11  3 transfer shall continue until the homestead credit is
 11  4 fully funded.
 11  5    5.  Moneys remaining in the property tax relief
 11  6 fund following the payments made pursuant to
 11  7 subsections 1, 2, and 3, and the transfer made
 11  8 pursuant to subsection 4, shall be transferred to the
 11  9 low-income tax credit and reimbursement fund created
 11 10 in section 425.40.  This transfer shall continue until
 11 11 the low-income credit is fully funded.
 11 12    6.  Moneys remaining in the property tax relief
 11 13 fund following the payments made pursuant to
 11 14 subsections 1, 2, and 3, and the transfers made
 11 15 pursuant to subsections 4 and 5, shall be transferred
 11 16 to the agricultural land credit fund created in
 11 17 section 426.1.  This transfer shall continue until the
 11 18 agricultural land credit is fully funded.
 11 19    7.  The director of revenue and finance shall draw
 11 20 warrants on the property tax relief fund, payable to
 11 21 the county treasurer in the amount due to a county in
 11 22 accordance with subsections 1 and 3 and mail the
 11 23 warrants to the county auditors in September and March
 11 24 of each year.  Warrants for the state payment in
 11 25 accordance with subsection 2 shall be mailed in
 11 26 January of each year.  The director shall initiate the
 11 27 transfers required by this section.
 11 28    Sec. 111.  NEW SECTION.  426B.3  NOTIFICATION OF
 11 29 MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
 11 30 EXPENDITURE RELIEF FUND PAYMENT.
 11 31    1.  Before June 1, 1995, and before February 15 of
 11 32 each succeeding fiscal year, the director of revenue
 11 33 and finance shall notify the county auditor of each
 11 34 county of the amount of moneys the county will receive
 11 35 from the property tax relief fund pursuant to section
 11 36 426B.2, subsections 1 and 3, for the succeeding fiscal
 11 37 year.  The county auditor shall reduce the certified
 11 38 budget amount received from the board of supervisors
 11 39 for the succeeding fiscal year by an amount equal to
 11 40 the amount the county will receive and the auditor
 11 41 shall determine the rate of taxation necessary to
 11 42 raise the adjusted amount.  On the tax list, the
 11 43 county auditor shall compute the amount of taxes due
 11 44 and payable on each parcel before and after the amount
 11 45 received from the expenditure relief fund is used to
 11 46 reduce the county budget.
 11 47    2.  The amount of property tax dollars reduced on
 11 48 each parcel as a result of the moneys received from
 11 49 the property tax relief fund pursuant to section
 11 50 426B.2, subsections 1 and 3, shall be noted on each
 12  1 tax statement prepared by the county treasurer
 12  2 pursuant to section 445.23.
 12  3    Sec. 112.  NEW SECTION.  426B.4  RULES.
 12  4    The director of revenue and finance shall prescribe
 12  5 forms and adopt rules pursuant to chapter 17A to
 12  6 administer this chapter.
 12  7    Sec. 113.  PILOT PROJECT FOR A MANAGED SYSTEM OF
 12  8 INDIVIDUALIZED SERVICES.
 12  9    1.  The department of human services, in
 12 10 cooperation with a county or consortium of counties,
 12 11 shall develop, test, and evaluate a pilot project for
 12 12 a managed system of individualized services and
 12 13 support for individuals with mental retardation and
 12 14 developmental disabilities in at least two areas of
 12 15 the state.  One area shall be urban and one rural.
 12 16 The system shall be designed to provide the
 12 17 individuals being served with a choice of services and
 12 18 other support that will assist the individuals to be
 12 19 as independent, productive, and integrated into the
 12 20 community as possible.
 12 21    2.  In implementing the managed system pilot
 12 22 project, the department and the county or consortium
 12 23 of counties may directly manage the system and
 12 24 contract with service providers and others for needed
 12 25 services or support after identifying the type and
 12 26 level of services and support needed by the
 12 27 individual.  The pilot project shall provide a
 12 28 reasonable rate of reimbursement.  If costs are equal
 12 29 or less than providing vouchers or cash payments to
 12 30 the individuals and the individuals served so desire,
 12 31 vouchers or cash payments may be provided to the
 12 32 individuals to allow them to arrange for their own
 12 33 services or support.  The department and the county or
 12 34 consortium of counties may enter into a contract with
 12 35 a private entity to manage this individualized system
 12 36 provided all pilot project requirements are met
 12 37 through the private entity.
 12 38    3.  The department and the county or consortium of
 12 39 counties shall seek the advice of persons with mental
 12 40 retardation and disabilities and their family members
 12 41 in designing the pilot project.  The state-county
 12 42 management committee created in section 331.438 shall
 12 43 also have an opportunity to make recommendations
 12 44 regarding the pilot project.
 12 45    4.  The department shall apply for all necessary
 12 46 federal waivers so that in addition to state and
 12 47 county funds, federal moneys available for these
 12 48 services may also be flexibly used in the pilot
 12 49 project.  The planning for the pilot project shall be
 12 50 completed prior to January 1, 1996, and the pilot
 13  1 project shall commence on or before March 1, 1996.
 13  2    Sec. 114.  EFFECTIVE DATES.  Sections 100, 101,
 13  3 102, and 103 of this division of this Act take effect
 13  4 July 1, 1995, and the remainder of this division,
 13  5 being deemed of immediate importance, takes effect
 13  6 upon enactment, however, the provisions of sections
 13  7 104 and 105 are applicable to taxes payable in the
 13  8 fiscal year beginning July 1, 1995."
 13  9    #2.  By striking page 30, line 6 through page 37,
 13 10 line 7.
 13 11    #3.  Page 37, by striking lines 33 through 48.  
 13 12 
 13 13 
 13 14                              
 13 15 MYERS of Johnson
 13 16 
 13 17 
 13 18                              
 13 19 JOCHUM of Dubuque
 13 20 
 13 21 
 13 22                              
 13 23 DODERER of Johnson
 13 24 
 13 25 
 13 26                              
 13 27 RUNNING of Linn
 13 28 
 13 29 
 13 30                              
 13 31 OLLIE of Clinton
 13 32 
 13 33 
 13 34                              
 13 35 WISE of Lee
 13 36 
 13 37 
 13 38                              
 13 39 MASCHER of Johnson
 13 40 
 13 41 
 13 42                              
 13 43 BURNETT of Story
 13 44 
 13 45 
 13 46                              
 13 47 WITT of Black Hawk
 13 48 
 13 49 
 13 50                              
 14  1 BRAND of Benton
 14  2 
 14  3 
 14  4                              
 14  5 MORELAND of Wapello
 14  6 
 14  7 
 14  8                              
 14  9 HARPER of Black Hawk
 14 10 
 14 11 
 14 12                              
 14 13 KREIMAN of Davis
 14 14 
 14 15 
 14 16                              
 14 17 BERNAU of Story
 14 18 
 14 19 
 14 20                              
 14 21 BAKER of Polk
 14 22 
 14 23 
 14 24                              
 14 25 MUNDIE of Webster
 14 26 
 14 27 
 14 28                              
 14 29 CONNORS of Polk
 14 30 
 14 31 
 14 32                              
 14 33 SCHRADER of Marion
 14 34 
 14 35 SF 69.321 76
 14 36 5600 jp/cf
     

Text: H03197                            Text: H03199
Text: H03100 - H03199                   Text: H Index
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