Text: H05845 Text: H05847 Text: H05800 - H05899 Text: H Index Bills and Amendments: General Index Bill History: General Index
Get Version To Print
This file contains UNDERSCORE. If you cannot see the UNDERSCORE attribute or would like to change how this attribute is displayed, please use the following form to make the desired change.
-->
PAG LIN
1 1 Amend Senate File 2138, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. Page 1, by striking lines 1 through 11 and
1 4 inserting the following:
1 5 "Sec. 100. NEW SECTION. 331.439A INDEMNITY FUND.
1 6 1. An indemnity fund is created in the office of
1 7 the treasurer of state under the authority of the
1 8 executive council. Moneys in the indemnity fund shall
1 9 consist of appropriations by the state and payments by
1 10 counties as provided in this section. Notwithstanding
1 11 section 8.33, moneys in the indemnity fund which
1 12 remain unencumbered or unobligated at the close of a
1 13 fiscal year shall remain in the indemnity fund to be
1 14 used as provided in this section. Notwithstanding
1 15 section 12C.7, interest or earnings on moneys
1 16 deposited in the indemnity fund shall be credited to
1 17 the indemnity fund.
1 18 2. There is appropriated from the general fund of
1 19 the state to the indemnity fund in each fiscal year
1 20 the sum of one million dollars.
1 21 3. A county wishing to participate in the grant
1 22 program funded from the indemnity fund shall annually
1 23 pay to the indemnity fund during the fiscal year of
1 24 participation an amount not to exceed one-half of one
1 25 percent of the county's base year expenditures, as
1 26 defined in section 331.438.
1 27 4. A participating county may submit a request to
1 28 the indemnity fund for a cash grant in the event the
1 29 county's services fund is insufficient or is projected
1 30 to be insufficient to pay for a service in the
1 31 county's management plan approved under section
1 32 331.439 because of an unusual or unanticipated need of
1 33 an individual. A decision to grant the county's
1 34 request is subject to all of the following conditions:
1 35 a. The individual is covered under the county's
1 36 approved management plan.
1 37 b. The service needs of the individual are
1 38 documented and address possible service alternatives.
1 39 c. Payment of the individual's service needs is
1 40 anticipated to cause the county's services fund to be
1 41 insufficient to pay for all of the services required
1 42 under the county's management plan unless the plan
1 43 were to be amended to reduce services or service
1 44 costs.
1 45 d. One or more of the following circumstances
1 46 applies:
1 47 (1) The service costs of the individual were not
1 48 an obligation of the county in any fiscal year
1 49 previous to the fiscal year in which the request is
1 50 made.
2 1 (2) The service costs of the individual were an
2 2 obligation of the county in a previous fiscal year and
2 3 the individual suffered an additional unanticipated
2 4 disability condition with an exceptional cost.
2 5 (3) The service costs of the individual were an
2 6 obligation of the county in a previous fiscal year and
2 7 the individual's disability worsened and requires an
2 8 unanticipated additional service with an exceptional
2 9 cost.
2 10 e. A indemnity fund grant shall be for one fiscal
2 11 year only and is not renewable for the costs of the
2 12 same services to an individual in a subsequent fiscal
2 13 year.
2 14 f. The county levies the maximum amount authorized
2 15 for the county's services fund under section 331.424A.
2 16 g. The county indicated in writing to the county
2 17 finance committee on or before March 15 of the fiscal
2 18 year prior to the fiscal year for which a grant is
2 19 requested, the county's intention to participate in
2 20 the indemnity fund.
2 21 5. An account shall be created within the
2 22 indemnity fund for each county participating in the
2 23 fund. All of the following shall be annually credited
2 24 to the account of a county participating in the fund
2 25 in a fiscal year:
2 26 a. The county's payment for the fiscal year to the
2 27 indemnity fund under subsection 3.
2 28 b. The county's portion of any state appropriation
2 29 for the fiscal year to the fund. The county's portion
2 30 shall be determined by applying the county's
2 31 percentage share of all county payments to the fund
2 32 for the fiscal year under subsection 3 to the amounts
2 33 appropriated by the state for the fiscal year.
2 34 c. Interest and earnings attributable to the
2 35 balance in the account in the previous fiscal year.
2 36 6. A request for a grant from the indemnity fund
2 37 shall be initially considered by the county finance
2 38 committee which shall make a recommendation to the
2 39 executive council to accept or reject the request in
2 40 whole or in part. The decision of the executive
2 41 council is final.
2 42 7. A grant to a county from the indemnity fund
2 43 shall be debited against the county's account. The
2 44 balance in a county's account at the close of a fiscal
2 45 year shall be carried forward as a beginning account
2 46 balance and is available for grants in the succeeding
2 47 fiscal year. The executive council shall not approve
2 48 grants for a county in excess of the amount of funding
2 49 available in the county's account for a fiscal year."
2 50 #2. Page 1, by inserting after line 23 the
3 1 following:
3 2 "Sec. . EFFECTIVE DATE. Section 100 of this
3 3 Act, enacting section 331.439A, takes effect July 1,
3 4 1997, and a county wishing to participate in the
3 5 indemnity fund created in that section for the fiscal
3 6 year beginning July 1, 1997, must notify the county
3 7 finance committee of the county's intention to
3 8 participate in the indemnity fund on or before March
3 9 15, 1997."
3 10 #3. Title page, line 2, by inserting after the
3 11 word "funding" the following: "by creating an
3 12 indemnity fund, making an appropriation, and providing
3 13 an effective date".
3 14
3 15
3 16
3 17 CARROLL of Poweshiek
3 18 SF 2138.502 76
3 19 jp/jw
Text: H05845 Text: H05847 Text: H05800 - H05899 Text: H Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Apr 4 03:25:54 CST 1996
URL: /DOCS/GA/76GA/Legislation/H/05800/H05846/960403.html
jhf