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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 participating county may submit a request to
1 22 the indemnity fund for a cash grant in the event the
1 23 county's services fund is insufficient or is projected
1 24 to be insufficient to pay for a service in the
1 25 county's management plan approved under section
1 26 331.439 because of an unusual or unanticipated need of
1 27 an individual. A decision to grant the county's
1 28 request is subject to all of the following conditions:
1 29 a. The individual is covered under the county's
1 30 approved management plan.
1 31 b. The service needs of the individual are
1 32 documented and address possible service alternatives.
1 33 c. Payment of the individual's service needs is
1 34 anticipated to cause the county's services fund to be
1 35 insufficient to pay for all of the services required
1 36 under the county's management plan unless the plan
1 37 were to be amended to reduce services or service
1 38 costs.
1 39 d. One or more of the following circumstances
1 40 applies:
1 41 (1) The service costs of the individual were not
1 42 an obligation of the county in any fiscal year
1 43 previous to the fiscal year in which the request is
1 44 made.
1 45 (2) The service costs of the individual were an
1 46 obligation of the county in a previous fiscal year and
1 47 the individual suffered an additional unanticipated
1 48 disability condition with an exceptional cost.
1 49 (3) The service costs of the individual were an
1 50 obligation of the county in a previous fiscal year and
2 1 the individual's disability worsened and requires an
2 2 unanticipated additional service with an exceptional
2 3 cost.
2 4 e. A indemnity fund grant shall be for one fiscal
2 5 year only and is not renewable for the costs of the
2 6 same services to an individual in a subsequent fiscal
2 7 year.
2 8 f. The county levies the maximum amount authorized
2 9 for the county's services fund under section 331.424A.
2 10 4. An account shall be created within the
2 11 indemnity fund for each county. All of the following
2 12 shall be annually credited to the account of a county
2 13 in a fiscal year:
2 14 a. A county's portion of the appropriation from
2 15 the property tax relief fund to the indemnity fund for
2 16 the fiscal year. The county's portion shall be the
2 17 amount determined by applying the county's percentage
2 18 share of all county base year expenditures, as defined
2 19 in section 331.438, to the amount of the appropriation
2 20 from the property tax relief fund to the indemnity
2 21 fund.
2 22 b. The county's portion of any appropriations from
2 23 the general fund of the state for the fiscal year to
2 24 the indemnity fund. The county's portion shall be
2 25 determined by applying the county's percentage share
2 26 of all county base year expenditures, as defined in
2 27 section 331.438, to the amounts appropriated by the
2 28 state for the fiscal year.
2 29 c. Interest and earnings attributable to the
2 30 balance in the account in the previous fiscal year.
2 31 5. A request for a grant from the indemnity fund
2 32 shall be initially considered by the county finance
2 33 committee which shall make a recommendation to the
2 34 executive council to accept or reject the request in
2 35 whole or in part. The decision of the executive
2 36 council is final.
2 37 6. A grant to a county from the indemnity fund
2 38 shall be debited against the county's account. The
2 39 balance in a county's account at the close of a fiscal
2 40 year shall be carried forward as a beginning account
2 41 balance and is available for grants in the succeeding
2 42 fiscal year. The executive council shall not approve
2 43 grants for a county in excess of the amount of funding
2 44 available in the county's account for a fiscal year.
2 45 Sec. 200. Section 426B.1, Code Supplement 1995, is
2 46 amended by adding the following new subsection:
2 47 NEW SUBSECTION. 3. There is annually appropriated
2 48 from the property tax relief fund to the indemnity
2 49 fund created in section 331.439A, an amount equal to
2 50 one-half of one percent of the total of base year
3 1 expenditures for all counties. The appropriation in
3 2 this subsection shall be charged against the property
3 3 tax relief fund prior to the distribution of moneys
3 4 from the fund under section 426B.2 and the amount of
3 5 moneys available for distribution shall be reduced
3 6 accordingly. However, the appropriation in this
3 7 subsection shall be considered to be a property tax
3 8 relief payment for purposes of the combined amount of
3 9 payments required to achieve fifty percent of the
3 10 counties' base year expenditures as provided in
3 11 section 426B.2, subsection 3."
3 12 #2. Page 1, by inserting after line 23 the
3 13 following:
3 14 "Sec. . EFFECTIVE DATE. Section 100 of this
3 15 Act, enacting section 331.439A, and section 200 of
3 16 this Act, amending section 426B.1, take effect July 1,
3 17 1997."
3 18 #3. Title page, line 2, by inserting after the
3 19 word "funding" the following: "by creating an
3 20 indemnity fund, making appropriations, and providing
3 21 effective dates".
3 22
3 23
3 24
3 25 CARROLL of Poweshiek
3 26 SF 2138.201 76
3 27 jp/jj
Text: H05882 Text: H05884 Text: H05800 - H05899 Text: H Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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