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House Journal: Page 897: Wednesday, March 22, 1995

35   the county shall be determined by the county auditor,
36   subject to the approval of the department of
37   management.  A county which disagrees with the
38   adjustment and maximum amount proposed for the county
39   by the department of management may appeal the
40   determination to the state appeal board created in
41   section 24.26 which shall make a final determination.
42     Sec. 9.  Section 331.426, subsection 1, Code 1995,
43   is amended by adding the following new paragraph:
44     NEW PARAGRAPH.  h.  An unusual need for a service
45   or cost paid from levies under section 331.424,
46   subsection 1, which would cause the total expenditures
47   of services and costs paid from those levies to exceed
48   the maximum levies authorized under section 331.424,
49   subsection 1A.
50     Sec. 10.  Section 331.438, subsection 1, paragraph
Page 7
 1   b, Code 1995, is amended to read as follows:
 2     b.  "State payment" means the payment made by the
 3   state under section 331.438A to a county determined to
 4   be eligible for the payment in accordance with section
 5   331.439.  Except as modified based upon the actual
 6   amount of the appropriation for purposes of state
 7   payment under section 331.439, the amount of the state
 8   payment for a fiscal year shall be calculated as fifty
 9   percent of the amount by which the county's qualified
10   expenditures during the immediately preceding fiscal
11   year were in excess of the amount of the county's base
12   year expenditures.
13     Sec. 11.  Section 331.438, Code 1995, is amended by
14   adding the following new subsection:
15     NEW SUBSECTION.  1A.  The state of Iowa shall
16   provide funding to counties for the costs of mental
17   health and mental retardation services so that over
18   the five-year period beginning July 1, 1995, and
19   ending June 30, 2000, the relative shares of the state
20   and counties for these expenditures shall become
21   either equal or greater for the state.
22     Sec. 12.  Section 331.438, subsection 3, paragraph
23   c, Code 1995, is amended by adding the following new
24   subparagraph:
25     NEW SUBPARAGRAPH.  (15)  Consider tort and other
26   liability issues associated with a county managing
27   mental health, mental retardation, and developmental
28   disabilities services in accordance with a fixed
29   budget and make recommendations to address the issues.
30     Sec. 13.  NEW SECTION.  331.438A  STATE AND COUNTY
31   EXPENDITURES FOR MENTAL HEALTH, MENTAL RETARDATION,
32   AND DEVELOPMENTAL DISABILITIES ASSISTANCE -- FUND
33   CREATED.
34     1.  The mental health, mental retardation, and
35   developmental disabilities property tax relief fund is

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