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PAG LIN 1 1 Section 1. Section 135C.9, Code 1995, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 4. If a facility subject to licensure 1 4 under this chapter, a facility exempt from licensure under 1 5 this chapter pursuant to section 135C.6, or a family home 1 6 under section 335.25 or 414.22, has been issued a certificate 1 7 of compliance or a provisional certificate of compliance under 1 8 subsection 1 or 3, or has otherwise been approved as complying 1 9 with a rule or standard by the state or a deputy fire marshal 1 10 or a local building department as defined in section 103A.3, 1 11 the state or deputy fire marshal or local building department 1 12 which issued the certificate, provisional certificate, or 1 13 approval shall not apply additional requirements for 1 14 compliance with the rule or standard unless the rule or 1 15 standard is revised following issuance of the certificate, 1 16 provisional certificate, or approval. 1 17 Sec. 2. Section 331.424, subsection 1, paragraph a, 1 18 subparagraph (1), Code Supplement 1995, is amended to read as 1 19 follows: 1 20 (1) The costs of inpatient or outpatient substance abuse 1 21 admission, commitment, transportation, care, and treatment at 1 22 any of the following: 1 23 (a)Care and treatment of persons at theThe alcoholic 1 24 treatment center at Oakdale. However, the county may require 1 25 that an admission to the center shall be reported to the board 1 26 by the center within five days as a condition of the payment 1 27 of county funds for that admission. 1 28 (b) A state mental health institute, or a community-based 1 29 public or private facility or service. 1 30 Sec. 3. Section 331.424A, subsection 4, Code Supplement 1 31 1995, as amended by 1996 Iowa Acts, Senate File 2030, section 1 32 1, is amended to read as follows: 1 33 4. For the fiscal year beginning July 1, 1996, and for 1 34 each subsequent fiscal year, the county shall certify a levy 1 35 for payment of services.Unless otherwise provided by state2 1law, forFor each fiscal year, county revenues from taxes 2 2 imposed by the county credited to the services fund shall not 2 3 exceed an amount equal to the amount of base year expenditures 2 4 for services as defined in section 331.438, less the amount of 2 5 property tax relief to be received pursuant to section 426B.2, 2 6 subsections 1 and 3, in the fiscal year for which the budget 2 7 is certified. The county auditor and the board of supervisors 2 8 shall reduce the amount of the levy certified for the services 2 9 fund by the amount of property tax relief to be received. A 2 10 levy certified under this section is not subject to the appeal 2 11 provisions of sections 331.426 and 444.25B or to any other 2 12 provision in law authorizing a county to exceed, increase, or 2 13 appeal a property tax levy limit. 2 14 Sec. 4. Section 426B.1, Code Supplement 1995, is amended 2 15 by adding the following new subsection: 2 16 NEW SUBSECTION. 3. There is annually appropriated from 2 17 the property tax relief fund to the department of human 2 18 services to supplement the medical assistance appropriation 2 19 for the fiscal year beginning July 1, 1997, and for succeeding 2 20 fiscal years, six million six hundred thousand dollars to be 2 21 used for the nonfederal share of the costs of services 2 22 provided to minors with mental retardation under the medical 2 23 assistance program to meet the requirements of section 2 24 249A.12, subsection 4. The appropriation in this subsection 2 25 shall be charged to the property tax relief fund prior to the 2 26 distribution of moneys from the fund under section 426B.2 and 2 27 the amount of moneys available for distribution shall be 2 28 reduced accordingly. However, the appropriation in this 2 29 subsection shall be considered to be a property tax relief 2 30 payment for purposes of the combined amount of payments 2 31 required to achieve fifty percent of the counties' base year 2 32 expenditures as provided in section 426B.2, subsection 3. 2 33 Sec. 5. Section 426B.2, subsection 5, Code Supplement 2 34 1995, is amended to read as follows: 2 35 5. The department of human services shall notify the 3 1 director of revenue and finance of the amounts due a county in 3 2 accordance with the provisions of this section. The director 3 3 of revenue and finance shall draw warrants on the property tax 3 4 relief fund, payable to the county treasurer in the amount due 3 5 to a county in accordance with subsections 1 and 3 and mail 3 6 the warrants to the county auditorsin Septemberon July 1 and 3 7MarchJanuary 1 of each year. Warrants for the state payment 3 8 in accordance with subsection 2 shall be mailed in January of 3 9 each year. 3 10 Sec. 6. Section 444.25B, subsection 1, unnumbered 3 11 paragraph 1, Code Supplement 1995, is amended to read as 3 12 follows: 3 13 The maximum amount of property tax dollars which may be 3 14 certified by a county for taxes payable in the fiscal year 3 15 beginning July 1, 1997, shall not exceed the amount of 3 16 property tax dollars certified by the county for taxes payable 3 17 in the fiscal year beginning July 1, 1996,minus the amount by3 18which the property tax relief moneys to be received by the3 19county in the fiscal year beginning July 1, 1997, pursuant to3 20section 426B.2, subsections 1 and 3, exceed the amount of the3 21property tax relief moneys received in the fiscal year3 22beginning July 1, 1996,for each of the levies for the 3 23 following, except for the levies on the increase in taxable 3 24 valuation due to new construction, additions or improvements 3 25 to existing structures, remodeling of existing structures for 3 26 which a building permit is required, annexation, and phasing 3 27 out of tax exemptions, and on the increase in valuation of 3 28 taxable property as a result of a comprehensive revaluation by 3 29 a private appraiser under a contract entered into prior to 3 30 January 1, 1992, or as a result of a comprehensive revaluation 3 31 directed or authorized by the conference board prior to 3 32 January 1, 1992, with documentation of the contract, 3 33 authorization, or directive on the revaluation provided to the 3 34 director of revenue and finance, if the levies are equal to or 3 35 less than the levies for the previous year, levies on that 4 1 portion of the taxable property located in an urban renewal 4 2 project the tax revenues from which are no longer divided as 4 3 provided in section 403.19, subsection 2, or as otherwise 4 4 provided in this section: 4 5 Sec. 7. Section 444.25B, subsection 2, Code Supplement 4 6 1995, is amended by adding the following new paragraph after 4 7 paragraph d and relettering the subsequent paragraph: 4 8 NEW PARAGRAPH. dd. Mental health, mental retardation, and 4 9 developmental disabilities services fund under section 4 10 331.424A. 4 11 Sec. 8. Section 444.25B, subsection 2, unnumbered 4 12 paragraph 2, Code Supplement 1995, is amended to read as 4 13 follows: 4 14 For purposes of this paragraph, the price index for 4 15 government purchases by type for state and local governments 4 16 is defined by the bureau of economic analysis of the United 4 17 States department of commerce and published in table 7.11 of 4 18 the national income and products accounts. For the fiscal 4 19 year beginning July 1, 1997, the price index used shall be the 4 20 revision published in the November 1996 edition of the United 4 21 States department of commerce publication, "survey of current 4 22 business". For purposes of this paragraph, tax dollars levied 4 23 in the fiscal year beginning July 1, 1996, shall not include 4 24 funds levied for paragraphs "a", "b",and"c", "d", and "dd" 4 25 of this subsection. 4 26 Sec. 9. Section 444.25B, Code Supplement 1995, is amended 4 27 by adding the following new subsection: 4 28 NEW SUBSECTION. 5. MH/MR/DD LEVY ADJUSTMENT. A county 4 29 which did not certify the maximum levy authorized for the 4 30 county's mental health, mental retardation, and developmental 4 31 disabilities services fund under section 331.424A, subsection 4 32 4, for the fiscal year beginning July 1, 1996, may certify up 4 33 to the maximum authorized levy under the services fund for the 4 34 fiscal year beginning July 1, 1997. However, any amount of 4 35 increase in the certified services fund levy under this 5 1 subsection over the amount certified for the services fund in 5 2 the previous fiscal year shall be offset by an equivalent 5 3 decrease in the amount certified by the county for general 5 4 county services. 5 5 Sec. 10. Section 444.26, Code Supplement 1995, is amended 5 6 to read as follows: 5 7 444.26 PROPERTY TAX LEVY LIMITATIONS NOT AFFECTED. 5 8 Sections 444.25,and444.25A, and 444.25B shall not be 5 9 construed as removing or otherwise affecting the property tax 5 10 limitations otherwise provided by law for any tax levy of the 5 11 political subdivision, except that, upon an appeal from the 5 12 political subdivision, the state appeal board may approve a 5 13 tax levy consistent with the provisions of section24.48 or5 14 331.426. 5 15 Sec. 11. Section 812.4, Code 1995, is amended to read as 5 16 follows: 5 17 812.4 CESSATION OF CRIMINAL PROSECUTION. 5 18 If, upon hearing conducted by the court, the accused is 5 19 found to be incapacitated in the manner described in section 5 20 812.3, no further proceedings shall be taken under the 5 21 complaint or indictment until the accused's capacity is 5 22 restored, and, if the accused's release will endanger the 5 23 public peace or safety, the court must order the accused 5 24 committed for an evaluation and appropriate treatment to the 5 25 custody of the department of human services or to the custody 5 26 of the department of corrections for placement at the Iowa 5 27 medical and classification center. An evaluation ordered 5 28 under this section shall be completed as expeditiously as 5 29 possible. Unless the accused is also involuntarily committed 5 30 for treatment under chapter 229, costs associated with a 5 31 commitment under this chapter shall be paid by the state. 5 32 Sec. 12. EFFECTIVE DATE. Section 2 of this Act, relating 5 33 to substance abuse treatment costs, being deemed of immediate 5 34 importance, takes effect upon enactment. 5 35 EXPLANATION 6 1 Section 135C.9, relating to health care facility 6 2 inspection, is amended to address requirements applicable to a 6 3 health care facility licensed under chapter 135C, certain 6 4 facilities exempt from licensure, and family homes zoned under 6 5 chapters 335 and 414. The amendment provides that if the 6 6 state or deputy fire marshal or local building department has 6 7 issued a certificate of compliance or otherwise approved of 6 8 compliance with a regulation, a new requirement cannot be 6 9 applied to that regulation unless the regulation itself is 6 10 subsequently revised. 6 11 Section 331.424 is amended to authorize a county to levy 6 12 for the costs of substance abuse services under the 6 13 supplemental levy for county general services. This provision 6 14 takes effect upon enactment. 6 15 Section 331.424A is amended to remove a clause stating that 6 16 if otherwise provided by state law, the dollar limit for a 6 17 levy under the county mental health, mental retardation, and 6 18 developmental disabilities (MH/MR/DD) services fund could be 6 19 exceeded. In addition, the bill provides that various 6 20 statutes allowing a county to levy additional taxes for an 6 21 unusual need or any other purpose do not apply to the MH/MR/DD 6 22 services fund levy. 6 23 Section 426B.1 is amended to provide a standing 6 24 appropriation of $6.6 million from the property tax relief 6 25 fund for the nonfederal share under the medical assistance 6 26 program of the costs of certain services provided to minors. 6 27 The amount of property tax relief moneys provided to counties 6 28 is reduced by the amount of the appropriation. 6 29 Section 426B.2 is amended to provide that warrants for 6 30 payments to counties from the property tax relief fund are to 6 31 be mailed to county auditors on July 1 and January 1 instead 6 32 of in September and March. 6 33 Section 444.25B, subsection 1, is amended to provide that 6 34 property tax relief paid to counties from the property tax 6 35 relief fund is not subtracted from the county general property 7 1 tax limitation. Current law in section 331.424A provides that 7 2 the property tax relief moneys are subtracted from the levy 7 3 authority for the MH/MR/DD fund. 7 4 Section 444.25B, subsection 2, is amended to provide that 7 5 the provision allowing an inflation increase for certain 7 6 property taxes levied by the county does not apply to the levy 7 7 for the MH/MR/DD fund. 7 8 Section 444.25B, new subsection 5, provides that if a 7 9 county did not levy the maximum amount authorized for the 7 10 MH/MR/DD services fund in fiscal year 1996-1997 the county may 7 11 increase the levy to the maximum account in fiscal year 1997- 7 12 1998 provided the increase is offset by a corresponding 7 13 decrease in the county's levy for general services. 7 14 Section 444.25B, relating to the county property tax 7 15 limitation for fiscal year 1997-1998, is amended with a new 7 16 paragraph to provide that the county MH/MR/DD levy is not part 7 17 of the limitation. A new subsection allows a county which did 7 18 not levy the maximum authorized for the MH/MR/DD levy in 7 19 fiscal year 1996-1997 to certify up to the maximum amount for 7 20 the MH/MR/DD levy in fiscal year 1997-1998 if the increase is 7 21 offset by an equivalent decrease in the amount certified for 7 22 county general services under the limitation. 7 23 Section 444.26 is amended to provide that certain 7 24 provisions allowing a county to increase property taxes do not 7 25 apply during the final year of the property tax limitation in 7 26 fiscal year 1997-1998. 7 27 Section 812.4 relates to accused offenders with mental 7 28 illness. Current law provides for the commitment of such 7 29 persons to the department of human services or to the 7 30 department of corrections for placement. The bill requires 7 31 the placement to be for the purposes of evaluation and 7 32 treatment and that the evaluation be completed expeditiously. 7 33 In addition, unless the person is also involuntarily committed 7 34 under chapter 229, the costs of committing the person are to 7 35 be paid by the state. 8 1 LSB 4394HV 76 8 2 jp/cf/24
Text: HF02484 Text: HF02486 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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