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House Journal: Page 1554: Thursday, April 11, 1996

Carroll of Poweshiek asked and received unanimous consent to
withdraw amendment H-5846 filed by him on April 3, 1996.
Carroll of Poweshiek offered the following amendment H-5883
filed by him and moved its adoption:

H-5883

 1     Amend Senate File 2138, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, by striking lines 1 through 11 and
 4   inserting the following:
 5     "Sec. 100.  NEW SECTION.  331.439A  INDEMNITY FUND.
 6     1.  An indemnity fund is created in the office of
 7   the treasurer of state under the authority of the
 8   executive council.  Moneys in the indemnity fund shall
 9   consist of appropriations by the state and payments by
10   counties as provided in this section.  Notwithstanding
11   section 8.33, moneys in the indemnity fund which
12   remain unencumbered or unobligated at the close of a
13   fiscal year shall remain in the indemnity fund to be
14   used as provided in this section.  Notwithstanding
15   section 12C.7, interest or earnings on moneys
16   deposited in the indemnity fund shall be credited to
17   the indemnity fund.
18     2.  There is appropriated from the general fund of
19   the state to the indemnity fund in each fiscal year
20   the sum of one million dollars.
21     3.  A participating county may submit a request to
22   the indemnity fund for a cash grant in the event the
23   county's services fund is insufficient or is projected
24   to be insufficient to pay for a service in the
25   county's management plan approved under section
26   331.439 because of an unusual or unanticipated need of
27   an individual.  A decision to grant the county's
28   request is subject to all of the following conditions:
29     a.  The individual is covered under the county's
30   approved management plan.
31     b.  The service needs of the individual are
32   documented and address possible service alternatives.
33     c.  Payment of the individual's service needs is
34   anticipated to cause the county's services fund to be
35   insufficient to pay for all of the services required
36   under the county's management plan unless the plan
37   were to be amended to reduce services or service
38   costs.
39     d.  One or more of the following circumstances
40   applies:
41     (1)  The service costs of the individual were not
42   an obligation of the county in any fiscal year
43   previous to the fiscal year in which the request is
44   made.
45     (2)  The service costs of the individual were an

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