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Text: S03346                            Text: S03348
Text: S03300 - S03399                   Text: S Index
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Senate Amendment 3347

Amendment Text

PAG LIN
  1  1    Amend Senate File 466 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  NEW SECTION.  331.424A  MENTAL HEALTH,
  1  5 MENTAL RETARDATION, AND DEVELOPMENTAL DISABILITIES
  1  6 SERVICES FUND.
  1  7    1.  For the purposes of this chapter, unless the
  1  8 context otherwise requires, "services fund" means the
  1  9 county mental health, mental retardation, and
  1 10 developmental disabilities services fund created in
  1 11 subsection 2.
  1 12    2.  For the fiscal year beginning July 1, 1996, and
  1 13 succeeding fiscal years, county revenues from taxes
  1 14 and other sources designated for mental health, mental
  1 15 retardation, and developmental disabilities services
  1 16 shall be credited to the mental health, mental
  1 17 retardation, and developmental disabilities services
  1 18 fund of the county.  The board may make appropriations
  1 19 from the fund for payment of services provided under
  1 20 the county management plan approved pursuant to
  1 21 section 331.439.
  1 22    3.  For the fiscal year beginning July 1, 1996, and
  1 23 succeeding fiscal years, receipts from the state or
  1 24 federal government for such services shall be credited
  1 25 to the services fund, including moneys allotted to the
  1 26 county from the state payment made pursuant to section
  1 27 331.439 and moneys allotted to the county for property
  1 28 tax relief pursuant to section 426B.1.
  1 29    4.  For the fiscal year beginning July 1, 1996, and
  1 30 for each subsequent fiscal year, the county may
  1 31 certify a levy for payment of services.  Unless
  1 32 otherwise provided by state law, for each fiscal year,
  1 33 county revenues from taxes imposed by the county
  1 34 credited to the services fund shall not exceed an
  1 35 amount equal to the amount of base year expenditures
  1 36 for services in the fiscal year beginning July 1,
  1 37 1993, and ending June 30, 1994, as defined in section
  1 38 331.438 less the amount of property tax relief to be
  1 39 received pursuant to section 426B.2, subsections 1 and
  1 40 3, in the fiscal year for which the budget is
  1 41 certified.
  1 42    5.  Appropriations specifically authorized to be
  1 43 made from the mental health, mental retardation, and
  1 44 developmental disabilities services fund shall not be
  1 45 made from the general fund of the county.
  1 46    Sec. 2.  Section 331.438, subsection 1, paragraph
  1 47 b, Code 1995, is amended to read as follows:
  1 48    b.  "State payment" means the payment made by the
  1 49 state to a county determined to be eligible for the
  1 50 payment in accordance with section 331.439.
  2  1    1A.  Except as modified based upon the actual
  2  2 amount of the appropriation for purposes of state
  2  3 payment under section 331.439, the amount of the state
  2  4 payment for a fiscal year shall be calculated as fifty
  2  5 one hundred percent of the amount by which the
  2  6 county's qualified expenditures during the immediately
  2  7 preceding fiscal year were in excess of the amount of
  2  8 the county's base year expenditures.  Any state
  2  9 funding received by a county for property tax relief
  2 10 in accordance with section 426B.2, subsections 1 and
  2 11 3, is not a state payment and shall not be included in
  2 12 the state payment calculation made pursuant to this
  2 13 subsection.
  2 14    Sec. 3.  Section 331.438, subsection 3, paragraph
  2 15 c, Code 1995, is amended by adding the following new
  2 16 subparagraph:
  2 17    NEW SUBPARAGRAPH.  (15)  On or before December 1,
  2 18 1995, submit to the governor and the general assembly
  2 19 any recommended changes in the formula for
  2 20 distributing property tax relief moneys to counties
  2 21 under section 426B.2, subsections 1 through 3.
  2 22    Sec. 4.  Section 331.439, Code 1995, is amended by
  2 23 adding the following new subsection:
  2 24    NEW SUBSECTION.  5.  The county's mental health,
  2 25 mental retardation, and developmental disabilities
  2 26 assistance expenditures are limited to a fixed budget
  2 27 amount.  The amount of the fixed budget shall be the
  2 28 total of the county's base year expenditures plus
  2 29 state moneys paid to the county for such assistance.
  2 30    Sec. 5.  NEW SECTION.  426B.1  PROPERTY TAX RELIEF
  2 31 FUND.
  2 32    1.  For the purposes of this chapter, unless the
  2 33 context otherwise requires, "property tax relief fund"
  2 34 means the property tax relief fund created in section
  2 35 8.57A.
  2 36    2.  There is appropriated to the property tax
  2 37 relief fund for the indicated fiscal years from the
  2 38 general fund of the state the following amounts:
  2 39    a.  For the fiscal year beginning July 1, 1995,
  2 40 seventy-five million dollars.
  2 41    b.  For the fiscal year beginning July 1, 1996, one
  2 42 hundred million dollars.
  2 43    c.  For the fiscal year beginning July 1, 1997, one
  2 44 hundred twenty-five million dollars.
  2 45    d.  For the fiscal year beginning July 1, 1998, one
  2 46 hundred fifty million dollars.
  2 47    e.  For the fiscal year beginning July 1, 1999, and
  2 48 succeeding fiscal years, one hundred seventy-five
  2 49 million dollars.
  2 50    3.  In each fiscal year, the amount appropriated
  3  1 pursuant to subsection 2 shall be reduced by the
  3  2 amount of the moneys in the property tax relief fund
  3  3 which were carried forward from the previous fiscal
  3  4 year.
  3  5    Sec. 6.  NEW SECTION.  426B.2  PROPERTY TAX RELIEF
  3  6 FUND DISTRIBUTIONS.
  3  7    Moneys in the property tax relief fund shall be
  3  8 utilized in each fiscal year as follows in the order
  3  9 listed:
  3 10    1.  The first seventy-five million dollars plus the
  3 11 amount paid pursuant to subsection 3 in the previous
  3 12 fiscal year in the property tax relief fund shall be
  3 13 paid to each county for property tax relief in the
  3 14 same proportion that the county's base year
  3 15 expenditure bears to the total of all counties' base
  3 16 year expenditures as defined in section 331.438.
  3 17    2.  Payment of moneys to eligible counties of the
  3 18 state payment in accordance with the provisions of
  3 19 sections 331.438 and 331.439.
  3 20    3.  The department of human services shall estimate
  3 21 the amount of moneys required for the state payment
  3 22 pursuant to subsection 2.  Moneys remaining in the
  3 23 expenditure relief fund following the payment made
  3 24 pursuant to subsection 1 and the estimated amount of
  3 25 the state payment pursuant to subsection 2 shall be
  3 26 paid to counties for property tax relief in the same
  3 27 manner as provided in subsection 1.  These payments
  3 28 shall continue until the combined amount of the
  3 29 payments made under this subsection and subsection 1
  3 30 are equal to fifty percent of the total of all
  3 31 counties' base year expenditures as defined in section
  3 32 331.438.  The amount of moneys paid to a county
  3 33 pursuant to this subsection shall be added in
  3 34 subsequent fiscal years to the amount of moneys paid
  3 35 under subsection 1.
  3 36    4.  Moneys remaining in the property tax relief
  3 37 fund following the payments made pursuant to
  3 38 subsections 1, 2, and 3 shall be transferred to the
  3 39 homestead credit fund created in section 425.1.  This
  3 40 transfer shall continue until the homestead credit is
  3 41 fully funded.
  3 42    5.  Moneys remaining in the property tax relief
  3 43 fund following the payments made pursuant to
  3 44 subsections 1, 2, and 3, and the transfer made
  3 45 pursuant to subsection 4, shall be transferred to the
  3 46 low-income tax credit and reimbursement fund created
  3 47 in section 425.40.  This transfer shall continue until
  3 48 the low-income credit is fully funded.
  3 49    6.  Moneys remaining in the property tax relief
  3 50 fund following the payments made pursuant to
  4  1 subsections 1, 2, and 3, and the transfers made
  4  2 pursuant to subsections 4 and 5, shall be transferred
  4  3 to the agricultural land credit fund created in
  4  4 section 426.1.  This transfer shall continue until the
  4  5 agricultural land credit is fully funded.
  4  6    7.  The director of revenue and finance shall draw
  4  7 warrants on the property tax relief fund, payable to
  4  8 the county treasurer in the amount due to a county in
  4  9 accordance with subsections 1 and 3 and mail the
  4 10 warrants to the county auditors in September and March
  4 11 of each year.  Warrants for the state payment in
  4 12 accordance with subsection 2 shall be mailed in
  4 13 January of each year.  The director shall initiate the
  4 14 transfers required by this section.
  4 15    Sec. 7.  NEW SECTION.  426B.3  NOTIFICATION OF
  4 16 MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  4 17 EXPENDITURE RELIEF FUND PAYMENT.
  4 18    1.  Before June 1, 1995, and before June 1 of each
  4 19 succeeding fiscal year, the director of revenue and
  4 20 finance shall notify the county auditor of each county
  4 21 of the amount of moneys the county will receive from
  4 22 the property tax relief fund pursuant to section
  4 23 426B.2, subsections 1 and 3, for the succeeding fiscal
  4 24 year.  The county auditor shall reduce the certified
  4 25 budget amount received from the board of supervisors
  4 26 for the succeeding fiscal year by an amount equal to
  4 27 the amount the county will receive and the auditor
  4 28 shall determine the rate of taxation necessary to
  4 29 raise the adjusted amount.  On the tax list, the
  4 30 county auditor shall compute the amount of taxes due
  4 31 and payable on each parcel before and after the amount
  4 32 received from the expenditure relief fund is used to
  4 33 reduce the county budget.
  4 34    2.  The amount of property tax dollars reduced on
  4 35 each parcel as a result of the moneys received from
  4 36 the property tax relief fund pursuant to section
  4 37 426B.2, subsections 1 and 3, shall be noted on each
  4 38 tax statement prepared by the county treasurer
  4 39 pursuant to section 445.23.
  4 40    Sec. 8.  NEW SECTION.  426B.4  RULES.
  4 41    The director of revenue and finance shall prescribe
  4 42 forms and adopt rules pursuant to chapter 17A to
  4 43 administer this chapter.
  4 44    Sec. 9.  FUNDING OF SESSION LAW REQUIREMENTS.  If
  4 45 the appropriations in section 426B.1, subsection 2, as
  4 46 created in this Act, are enacted by this Act, the
  4 47 requirements of 1994 Iowa Acts, chapter 1163, section
  4 48 8, subsection 2, to fully fund provisions of sections
  4 49 331.438 and 331.439 shall be considered to be met and
  4 50 the repeals contained in 1994 Iowa Acts, chapter 1163,
  5  1 section 8, subsection 2, shall be void.
  5  2    Sec. 10.  PILOT PROJECT FOR A MANAGED SYSTEM OF
  5  3 INDIVIDUALIZED SERVICES.
  5  4    1.  The department of human services, in
  5  5 cooperation with a county or consortium of counties,
  5  6 shall develop, test, and evaluate a pilot project for
  5  7 a managed system of individualized services and
  5  8 support for individuals with mental retardation and
  5  9 developmental disabilities in at least two areas of
  5 10 the state.  One area shall be urban and one rural.
  5 11 The system shall be designed to provide the
  5 12 individuals being served with a choice of services and
  5 13 other support that will assist the individuals to be
  5 14 as independent, productive, and integrated into the
  5 15 community as possible.
  5 16    2.  In implementing the managed system pilot
  5 17 project, the department and the county or consortium
  5 18 of counties may directly manage the system and
  5 19 contract with service providers and others for needed
  5 20 services or support after identifying the type and
  5 21 level of services and support needed by the
  5 22 individual.  The pilot project shall provide a
  5 23 reasonable rate of reimbursement.  If costs are equal
  5 24 or less than providing vouchers or cash payments to
  5 25 the individuals and the individuals served so desire,
  5 26 vouchers or cash payments may be provided to the
  5 27 individuals to allow them to arrange for their own
  5 28 services or support.  The department and the county or
  5 29 consortium of counties may enter into a contract with
  5 30 a private entity to manage this individualized system
  5 31 provided all pilot project requirements are met
  5 32 through the private entity.
  5 33    3.  The department and the county or consortium of
  5 34 counties shall seek the advice of persons with mental
  5 35 retardation and disabilities and their family members
  5 36 in designing the pilot project.  The state-county
  5 37 management committee created in section 331.438 shall
  5 38 also have an opportunity to make recommendations
  5 39 regarding the pilot project.
  5 40    4.  The department shall apply for all necessary
  5 41 federal waivers so that in addition to state and
  5 42 county funds, federal moneys available for these
  5 43 services may also be flexibly used in the pilot
  5 44 project.  The planning for the pilot project shall be
  5 45 completed prior to January 1, 1996, and the pilot
  5 46 project shall commence on or before March 1, 1996.
  5 47    Sec. 11.  EFFECTIVE DATE.  This Act, being deemed
  5 48 of immediate importance, takes effect upon enactment."
  5 49    #2.  Title page, by striking lines 1 through 6 and
  5 50 inserting the following:  "An Act relating to county
  6  1 expenditures of property taxes for mental health and
  6  2 developmental disabilities costs by providing for
  6  3 reduction of property taxes, making appropriations,
  6  4 and providing an effective date." 
  6  5 
  6  6 
  6  7                              
  6  8 MARY LOU FREEMAN
  6  9 SF 466.505 76
  6 10 mg/jw
     

Text: S03346                            Text: S03348
Text: S03300 - S03399                   Text: S Index
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