Text: HF02345 Text: HF02347 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 331.439A INDEMNITY FUND. 1 2 1. An indemnity fund is created in the office of the 1 3 treasurer of state under the authority of the executive 1 4 council. Moneys in the indemnity fund shall consist of 1 5 appropriations by the state and payments by counties as 1 6 provided in this section. Notwithstanding section 8.33, 1 7 moneys in the indemnity fund which remain unencumbered or 1 8 unobligated at the close of a fiscal year shall remain in the 1 9 indemnity fund to be used as provided in this section. 1 10 Notwithstanding section 12C.7, interest or earnings on moneys 1 11 deposited in the indemnity fund shall be credited to the 1 12 indemnity fund. 1 13 2. There is appropriated from the general fund of the 1 14 state to the indemnity fund in each fiscal year the sum of one 1 15 million dollars. 1 16 3. A county may submit a request to the indemnity fund for 1 17 a cash grant in the event the county's services fund is 1 18 insufficient or is projected to be insufficient to pay for a 1 19 service in the county's management plan approved under section 1 20 331.439 because of an unusual or unanticipated need of an 1 21 individual. A decision to grant the county's request is 1 22 subject to all of the following conditions: 1 23 a. The individual is covered under the county's approved 1 24 management plan. 1 25 b. The service needs of the individual are documented and 1 26 address possible service alternatives. 1 27 c. Payment of the individual's service needs is 1 28 anticipated to cause the county's services fund to be 1 29 insufficient to pay for all of the services required under the 1 30 county's management plan unless the plan were to be amended to 1 31 reduce services or service costs. 1 32 d. One or more of the following circumstances applies: 1 33 (1) The service costs of the individual were not an 1 34 obligation of the county in any fiscal year previous to the 1 35 fiscal year in which the request is made. 2 1 (2) The service costs of the individual were an obligation 2 2 of the county in a previous fiscal year and the individual 2 3 suffered an additional unanticipated disability condition with 2 4 an exceptional cost. 2 5 (3) The service costs of the individual were an obligation 2 6 of the county in a previous fiscal year and the individual's 2 7 disability worsened and requires an unanticipated additional 2 8 service with an exceptional cost. 2 9 e. A indemnity fund grant shall be for one fiscal year 2 10 only and is not renewable for the costs of the same services 2 11 to an individual in a subsequent fiscal year. 2 12 f. The county levies the maximum amount authorized for the 2 13 county's services fund under section 331.424A. 2 14 4. An account shall be created within the indemnity fund 2 15 for each county. All of the following shall be annually 2 16 credited to the account of a county in a fiscal year: 2 17 a. A county's portion of the appropriation from the 2 18 property tax relief fund to the indemnity fund for the fiscal 2 19 year. The county's portion shall be the amount determined by 2 20 applying the county's percentage share of all county base year 2 21 expenditures, as defined in section 331.438, to the amount of 2 22 the appropriation from the property tax relief fund to the 2 23 indemnity fund. 2 24 b. The county's portion of any appropriations from the 2 25 general fund of the state for the fiscal year to the indemnity 2 26 fund. The county's portion shall be determined by applying 2 27 the county's percentage share of all county base year 2 28 expenditures, as defined in section 331.438, to the amounts 2 29 appropriated by the state for the fiscal year. 2 30 c. Interest and earnings attributable to the balance in 2 31 the account in the previous fiscal year. 2 32 5. A request for a grant from the indemnity fund shall be 2 33 initially considered by the county finance committee which 2 34 shall make a recommendation to the executive council to accept 2 35 or reject the request in whole or in part. The decision of 3 1 the executive council is final. 3 2 6. A grant to a county from the indemnity fund shall be 3 3 debited against the county's account. The balance in a 3 4 county's account at the close of a fiscal year shall be 3 5 carried forward as a beginning account balance and is 3 6 available for grants in the succeeding fiscal year. The 3 7 executive council shall not approve grants for a county in 3 8 excess of the amount of funding available in the county's 3 9 account for a fiscal year. 3 10 Sec. 2. Section 426B.1, Code Supplement 1997, is amended 3 11 by adding the following new subsection: 3 12 NEW SUBSECTION. 4. There is annually appropriated from 3 13 the property tax relief fund to the indemnity fund created in 3 14 section 331.439A, an amount equal to one-half of one percent 3 15 of the total of base year expenditures for all counties. The 3 16 appropriation in this subsection shall be charged against the 3 17 property tax relief fund prior to the distribution of moneys 3 18 from the fund under section 426B.2 and the amount of moneys 3 19 available for distribution shall be reduced accordingly. 3 20 However, the appropriation in this subsection shall be 3 21 considered to be a property tax relief payment for purposes of 3 22 the combined amount of payments required to achieve fifty 3 23 percent of the counties' base year expenditures as provided in 3 24 section 426B.2, subsection 2. 3 25 Sec. 3. EFFECTIVE DATE. This Act takes effect July 1, 3 26 1999. 3 27 EXPLANATION 3 28 This bill creates an indemnity fund for county expenditures 3 29 paid from the county's mental health, mental retardation, and 3 30 developmental disabilities (MH/MR/DD) services fund. 3 31 New Code section 331.439A creates the indemnity fund in the 3 32 county home rule chapter under the authority of the executive 3 33 council. An annual standing appropriation of $1,000,000 is 3 34 made from the general fund of the state to the indemnity fund. 3 35 A county may submit a request for a cash grant to the 4 1 executive council in the event the county's services fund is 4 2 insufficient or is projected to be insufficient to pay for a 4 3 service in the county's approved management plan because of an 4 4 unusual or unanticipated need of an individual. The executive 4 5 council's decision to grant the county's request is subject to 4 6 a number of conditions specified in the bill. The request is 4 7 initially submitted to the county finance committee which is 4 8 to make a recommendation for accepting or rejecting the 4 9 request in whole or in part. A grant is not renewable for the 4 10 costs of the same services to an individual in a subsequent 4 11 fiscal year. 4 12 Each county has an account in the indemnity fund. The 4 13 amount in the account is the county's portion of the annual 4 14 appropriations to the indemnity fund from the state general 4 15 fund and the property tax relief fund, and from overall 4 16 interest and earnings of the indemnity fund. The county's 4 17 portion is equivalent to the county's portion of all county 4 18 base year expenditures for MH/MR/DD services. Moneys credited 4 19 to a county's account which are unused carry forward to the 4 20 next fiscal year. The amount of a grant to a county in a 4 21 fiscal year is limited to the amount available in the county's 4 22 account. 4 23 Code section 426B.1 is amended with a new subsection making 4 24 a standing appropriation from the property tax relief fund to 4 25 the indemnity fund. The standing appropriation is equal to 4 26 .50 percent of the total of all base year expenditures made by 4 27 counties for MH/MR/DD services. The standing appropriation is 4 28 made prior to distribution of moneys from the fund to counties 4 29 for property tax relief. 4 30 The bill takes effect July 1, 1999. 4 31 LSB 4052HH 77 4 32 jp/cf/24
Text: HF02345 Text: HF02347 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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