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House Journal: Page 627: Tuesday, February 28, 1995

36     NEW PARAGRAPH.  h.  An unusual need for a service
37   or cost paid from levies under section 331.424,
38   subsection 1, which would cause the total expenditures
39   of services and costs paid from those levies to exceed
40   the maximum levies authorized under section 331.424,
41   subsection 1A.
42     Sec. 108.  Section 331.438, subsection 1, paragraph
43   b, Code 1995, is amended to read as follows:
44     b.  "State payment" means the payment made by the
45   state under section 331.438A to a county determined to
46   be eligible for the payment in accordance with section
47   331.439.  Except as modified based upon the actual
48   amount of the appropriation for purposes of state
49   payment under section 331.439, the amount of the state
50   payment for a fiscal year shall be calculated as fifty
Page   7
 1   percent of the amount by which the county's qualified
 2   expenditures during the immediately preceding fiscal
 3   year were in excess of the amount of the county's base
 4   year expenditures.
 5     Sec. 109.  Section 331.438, Code 1995, is amended
 6   by adding the following new subsection:
 7     NEW SUBSECTION.  1A.  The state of Iowa shall
 8   provide funding to counties for the costs of mental
 9   health and mental retardation services so that over
10   the five-year period beginning July 1, 1995, and
11   ending June 30, 2000, the relative shares of the state
12   and counties for these expenditures shall become
13   either equal or greater for the state.
14     Sec. 110.  Section 331.438, subsection 3, paragraph
15   c, Code 1995, is amended by adding the following new
16   subparagraph:
17     NEW SUBPARAGRAPH.  (15)  Consider tort and other
18   liability issues associated with a county managing
19   mental health, mental retardation, and developmental
20   disabilities services in accordance with a fixed
21   budget and make recommendations to address the issues.
22     Sec. 111.  NEW SECTION.  331.438A  STATE AND COUNTY
23   EXPENDITURES FOR MENTAL HEALTH, MENTAL RETARDATION,
24   AND DEVELOPMENTAL DISABILITIES ASSISTANCE -- FUND
25   CREATED.
26     1.  The mental health, mental retardation, and
27   developmental disabilities property tax relief fund is
28   created in the office of the treasurer of state under
29   the authority of the department of revenue and
30   finance.  The relief fund shall consist of moneys
31   appropriated to the fund and the amount of allocations
32   from the fund for property tax relief pursuant to
33   subsection 2 and for the adjustment factor pursuant to
34   subsection 5 shall be as specified in law by the
35   general assembly.  There is appropriated to the mental
36   health, mental retardation, and developmental

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