Text: HF02518 Text: HF02520 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I – INTERFUND TRANSFERS 1 2 Section 1. Section 331.432, Code 1997, is amended to read 1 3 as follows: 1 4 331.432 INTERFUND TRANSFERS. 1 5 1. It is unlawful to make permanent transfers of money 1 6 between the general fund and the rural services fund. 1 7 2. Moneys credited to the secondary road fund for the 1 8 construction and maintenance of secondary roads shall not be 1 9 transferred. 1 10 3. Transfers of moneys between the county mental health, 1 11 mental retardation, and developmental disabilities services 1 12 fund and any other fund are prohibited. 1 13 4. Other transfers, including transfers from the debt 1 14 service fund made in accordance with section 331.430, and 1 15 transfers from the general or rural services fund to the 1 16 secondary road fund in accordance with section 331.429, 1 17 subsection 1, paragraphs "a" and "b", are not effective until 1 18 authorized by resolution of the board. 1 19 5. The transfer of inactive funds is subject to section 1 20 24.21. 1 21 Sec. 2. EFFECTIVE DATE. This division of this Act, being 1 22 deemed of immediate importance, takes effect upon enactment. 1 23 DIVISION II – FY 1999-2000 PROVISIONS 1 24 Sec. 3. ALLOWED GROWTH ALLOCATIONS. Moneys appropriated 1 25 from the general fund of the state to the department of human 1 26 services for the fiscal year beginning July 1, 1999, and 1 27 ending June 30, 2000, to be used for distribution to counties 1 28 of the county mental health, mental retardation, and 1 29 developmental disabilities allowed growth factor adjustment, 1 30 in accordance with section 331.438, subsection 2, and section 1 31 331.439, subsection 3, are allocated as follows: 1 32 1. For distribution to counties in accordance with the 1 33 formula provided in section 331.438, subsection 2, paragraph 1 34 "b", as amended by this Act for FY 1999-2000: 1 35 .................................................. $ 10,000,000 2 1 2. For deposit in the per capita expenditure target pool 2 2 created in the property tax relief fund pursuant to this Act: 2 3 .................................................. $ 2,126,362 2 4 3. For deposit in the incentive and efficiency pool 2 5 created within the property tax relief fund pursuant to this 2 6 Act: 2 7 .................................................. $ 2,000,000 2 8 4. For deposit in the county risk pool created within the 2 9 property tax relief fund pursuant to this Act: 2 10 .................................................. $ 4,000,000 2 11 Sec. 4. Section 331.438, subsection 1, Code Supplement 2 12 1997, is amended by adding the following new paragraph: 2 13 NEW PARAGRAPH. aa. "Per capita expenditure" means the 2 14 amount derived from the sum of a county's expenditures for 2 15 mental health, mental retardation, and developmental 2 16 disabilities services for a fiscal year as reported to the 2 17 department of human services pursuant to section 331.439, plus 2 18 the state payment to the county and any payments made under 2 19 section 426B.5 for that fiscal year, divided by the county's 2 20 general population for that fiscal year. 2 21 Sec. 5. Section 331.438, subsection 2, paragraph b, 2 22 subparagraphs (1) and (2), Code Supplement 1997, are amended 2 23 to read as follows: 2 24 (1)One-halfSeventy-five percent based upon the county's 2 25 proportion of the state's general population. 2 26 (2)One-halfTwenty-five percent based upon the county's 2 27 proportion of the sum of the following for the fiscal year 2 28 which commenced two years prior to the beginning date of the 2 29 fiscal year in which the allowed growth factor adjustment 2 30 moneys are distributed: 2 31 Sec. 6. Section 426B.2, subsection 1, unnumbered paragraph 2 32 2, Code Supplement 1997, is amended to read as follows: 2 33MoneysExcept as otherwise provided in subsection 5, moneys 2 34 distributed to a county for property tax relief in a fiscal 2 35 year in accordance with this subsection shall not be less than 3 1 the amount provided for property tax relief in the previous 3 2 fiscal year. 3 3 Sec. 7. Section 426B.2, Code Supplement 1997, is amended 3 4 by adding the following new subsections: 3 5 NEW SUBSECTION. 4. As used in this chapter, and in 3 6 sections 331.438 and 331.439, "population" means the latest 3 7 applicable population estimate issued by the federal 3 8 government. 3 9 NEW SUBSECTION. 5. In each fiscal year, the amount 3 10 otherwise payable to a county in accordance with subsection 1, 3 11 shall be reduced by one dollar for each multiple of two 3 12 dollars below the maximum levy amount which the county could 3 13 certify but has not certified for the county's mental health, 3 14 mental retardation, and development disabilities services fund 3 15 levy under section 331.424A. Moneys which are retained in the 3 16 property tax relief fund pursuant to this subsection shall be 3 17 credited one-half to the per capita expenditure target pool 3 18 and one-half to the incentive and efficiency pool created in 3 19 section 426B.5. 3 20 Sec. 8. NEW SECTION. 426B.5 FUNDING POOLS. 3 21 1. PER CAPITA EXPENDITURE TARGET POOL. 3 22 a. A per capita expenditure target pool is created in the 3 23 property tax relief fund. The pool shall consist of the 3 24 moneys credited to the pool by law. 3 25 b. A statewide per capita expenditure target amount is 3 26 established. The statewide per capita expenditure target 3 27 amount shall be equal to the seventy-fifth percentile of all 3 28 county per capita expenditures in the fiscal year beginning 3 29 July 1, 1997, and ending June 30, 1998. 3 30 c. Only a county levying the maximum amount allowed for 3 31 the county's mental health, mental retardation, and 3 32 development disabilities services fund under section 331.424A 3 33 is eligible to receive moneys from the per capita expenditure 3 34 target pool for a fiscal year. Moneys available in the pool 3 35 for a fiscal year shall be distributed to those eligible 4 1 counties whose per capita expenditure in the latest fiscal 4 2 year for which the actual expenditure information is 4 3 available, is less than the statewide per capita expenditure 4 4 target amount. 4 5 d. The distribution amount a county receives from the 4 6 moneys available in the pool shall be determined based upon 4 7 the county's proportion of the general population of the 4 8 counties eligible to receive moneys from the pool for that 4 9 fiscal year. However, a county shall not receive moneys in 4 10 excess of the amount which would cause the county's per capita 4 11 expenditure to equal the statewide per capita expenditure 4 12 target. Moneys credited to the per capita expenditure target 4 13 pool which remain unobligated or unexpended at the close of a 4 14 fiscal year shall remain in the pool for distribution in the 4 15 succeeding fiscal year. 4 16 e. The department of human services shall annually 4 17 calculate the amount of moneys due to eligible counties in 4 18 accordance with this subsection. The department shall 4 19 authorize the issuance of warrants payable to the county 4 20 treasurer for the amounts due and the warrants shall be issued 4 21 in January. 4 22 2. INCENTIVE AND EFFICIENCY POOL. 4 23 a. An incentive and efficiency pool is created for making 4 24 incentive payments to those counties achieving desired results 4 25 and efficiently providing needed services. 4 26 b. The state-county management committee shall propose 4 27 desired results which are attainable by those counties working 4 28 to transform the service system to best meet the needs of 4 29 persons with mental illness, mental retardation, or 4 30 developmental disabilities in a cost-effective manner. The 4 31 committee shall propose desired results on an annual or other 4 32 regular basis which will provide for continuous improvement of 4 33 the service system. In addition, the committee shall identify 4 34 objective performance measures for the desired results which 4 35 may include but are not limited to rates of service provision 5 1 among eligible populations, access to a range of services, 5 2 movement toward less facility-based services, and medical loss 5 3 ratio. 5 4 c. The desired results and performance measures shall be 5 5 implemented in a manner that measures a county's progress 5 6 compared to its prior history for purposes of making incentive 5 7 and efficiency payments. The desired results and performance 5 8 measures proposed by the state-county management committee 5 9 shall be adopted in rule by the mental health and 5 10 developmental disabilities commission. 5 11 d. Moneys shall be distributed from the incentive and 5 12 efficiency pool to eligible counties based upon a percentage 5 13 score for the degree of a county's attainment of the desired 5 14 results and performance measures. The maximum amount which 5 15 may be distributed to an eligible county is the county's 5 16 percentage share of the state's general population applied to 5 17 the amount available for distribution from the pool. The 5 18 amount actually paid to an eligible county shall be the 5 19 product of the county's percentage score and the county's 5 20 maximum amount. 5 21 e. Moneys remaining unexpended or unobligated in the pool 5 22 at the close of a fiscal year shall remain available for 5 23 distribution in the succeeding fiscal year. 5 24 f. The department of human services shall annually 5 25 calculate the amount of moneys due to an eligible county in 5 26 accordance with this subsection. The department shall 5 27 authorize the issuance of warrants payable to the county 5 28 treasurer for the amounts due and the warrants shall be issued 5 29 in January. 5 30 3. RISK POOL. 5 31 a. A risk pool is created in the property tax relief fund. 5 32 The pool shall consist of the moneys credited to the pool by 5 33 law. 5 34 b. A risk pool board is created. The board shall consist 5 35 of five county supervisors, two county auditors, and two 6 1 single entry point process administrators appointed by the 6 2 governor and subject to confirmation by the senate. Members 6 3 shall serve for three-year terms. A vacancy shall be filled 6 4 in the same manner as the original appointment. Expenses and 6 5 other costs of the risk pool board members shall be paid by 6 6 the county of origin. Staff assistance to the board shall be 6 7 provided by the department of human services and counties. 6 8 Actuarial expenses and other direct administrative costs shall 6 9 be charged to the pool. 6 10 c. (1) A county must apply to the board for assistance 6 11 from the risk pool on or before April 1 to cover an 6 12 unanticipated cost in excess of the county's current fiscal 6 13 year budget amount for the county's mental health, mental 6 14 retardation, and development disabilities services fund. For 6 15 purposes of applying for risk pool assistance, the current 6 16 fiscal year budget amount shall be deemed to be the higher of 6 17 either the budget amount in the management plan approved under 6 18 section 331.439 for the fiscal year in which the application 6 19 is made or the prior fiscal year's gross expenditures from the 6 20 services fund. 6 21 (2) Basic eligibility for risk pool assistance shall 6 22 require a need in excess of the sum of one hundred five 6 23 percent of the county's current fiscal year budget amount and 6 24 any amount of the county's prior fiscal year ending fund 6 25 balance in excess of twenty-five percent of the county's gross 6 26 expenditures from the services fund in the prior fiscal year. 6 27 (3) A county receiving risk pool assistance in a fiscal 6 28 year in which the county did not levy the maximum amount 6 29 allowed for the county's mental health, mental retardation, 6 30 and development disabilities services fund under section 6 31 331.424A shall be required to repay the risk pool assistance 6 32 in the succeeding fiscal year. The repayment amount shall be 6 33 limited to the amount by which the actual amount levied was 6 34 less than the maximum amount allowed. 6 35 (4) The board shall determine application requirements to 7 1 ensure prudent use of risk pool assistance. The board may 7 2 accept or reject an application for assistance in whole or in 7 3 part. The decision of the board is final. 7 4 (5) The total amount of risk pool assistance shall be 7 5 limited to the amount available in the risk pool for a fiscal 7 6 year. If the total amount of eligible assistance exceeds the 7 7 amount available in the risk pool the amount of assistance 7 8 paid shall be prorated among the counties eligible for 7 9 assistance. 7 10 d. A county may apply for preapproval for risk pool 7 11 assistance based upon an individual who has an unanticipated 7 12 disability condition with an exceptional cost and the 7 13 individual is either new to the county's service system or the 7 14 individual's unanticipated disability condition is new to the 7 15 individual. 7 16 e. The department of human services shall annually 7 17 calculate the amount of moneys due to eligible counties in 7 18 accordance with the board's decisions. The department shall 7 19 authorize the issuance of warrants payable to the county 7 20 treasurer for the amounts due and the warrants shall be issued 7 21 before the close of the fiscal year. 7 22 Sec. 9. EFFECTIVE DATE – APPLICABILITY. 7 23 1. The provisions of section 426B.5, subsection 2, as 7 24 enacted by this Act, directing the state-county management 7 25 committee to make recommendations and the mental health and 7 26 developmental disabilities commission to adopt rules, being 7 27 deemed of immediate importance, take effect upon enactment for 7 28 purposes of the recommendations and rules and for counties 7 29 collecting initial information during the fiscal year 7 30 beginning July 1, 1998. Payments under section 426B.5, 7 31 subsection 2, shall commence with the fiscal year beginning 7 32 July 1, 1999. The rules shall be adopted on or before July 1, 7 33 1998. The mental health and mental retardation commission may 7 34 adopt emergency rules under section 17A.4, subsection 2, and 7 35 section 17A.5, subsection 2, paragraph "b", to implement the 8 1 provisions of this Act and the rules shall be effective 8 2 immediately upon filing unless a later date is specified in 8 3 the rules. Any rules adopted in accordance with this 8 4 subsection shall also be published as a notice of intended 8 5 action as provided in section 17A.4. 8 6 2. Except as provided in subsection 1, this division of 8 7 this Act takes effect July 1, 1998, for purposes of creating 8 8 the risk pool board and completing required planning. This 8 9 division of this Act is applicable to county budgets prepared 8 10 and levies certified commencing with the fiscal year beginning 8 11 July 1, 1999. 8 12 DIVISION III – FY 2000-2001 8 13 Sec. 10. Section 331.438, subsection 2, paragraph b, Code 8 14 Supplement 1997, as amended by this Act, is amended by 8 15 striking the paragraph and inserting in lieu thereof the 8 16 following: 8 17 b. A county's portion of the allowed growth factor 8 18 adjustment appropriation for a fiscal year shall be determined 8 19 based upon the county's proportion of the state's general 8 20 population. 8 21 Sec. 11. EFFECTIVE DATE – APPLICABILITY. This division 8 22 of this Act takes effect July 1, 2000, and is applicable to 8 23 county budgets prepared and levies certified for the fiscal 8 24 year beginning July 1, 2000. Prior to July 1, 2000, the 8 25 counties shall perform those acts necessary for budget 8 26 preparation and levy certification in order to implement this 8 27 division of this Act on July 1, 2000. 8 28 EXPLANATION 8 29 This bill relates to county mental health, mental 8 30 retardation, and developmental disabilities (MH/MR/DD) service 8 31 funding and allocates an appropriation made for these 8 32 services. 8 33 Division I of the bill relates to transfers between county 8 34 funds by amending Code section 331.432 to prohibit transfers 8 35 between the county MH/MR/DD services fund and any other county 9 1 fund. This provision takes effect upon enactment. 9 2 Division II relates to FY 1999-2000 service funding 9 3 provisions by allocating an appropriation for MH/MR/DD allowed 9 4 growth to counties and establishing funding pools within the 9 5 property tax relief fund. 9 6 Code section 331.438 is amended by defining "per capita 9 7 expenditure" used for calculating a county's MH/MR/DD services 9 8 expenditures for each person in the county's general 9 9 population. This definition is used as part of the 9 10 calculations for distribution of the per capita expenditure 9 11 target pool created in the bill. 9 12 Code section 331.438 is also amended to change a factor for 9 13 distribution of allowed growth moneys. Under current law, the 9 14 moneys are divided 50 percent based upon a county's proportion 9 15 of the state's general population and 50 percent based upon 9 16 the proportion of total previous expenditures and property tax 9 17 relief payments. The bill changes the proportion of these 9 18 factors to 75 percent and 25 percent, respectively. 9 19 Code section 426B.2 is amended to provide that except as 9 20 required by the bill, the amount a county receives for 9 21 property tax relief cannot be less than the amount in the 9 22 previous year. The bill provides for a reduction in the 9 23 amount paid for relief in a proportion of one dollar for each 9 24 multiple of two dollars a county levies for MH/MR/DD services 9 25 which is less than the maximum allowed. Moneys retained are 9 26 equally split between the per capita expenditure target pool 9 27 and the incentive and efficiency pool created in the bill. 9 28 New Code section 426B.5 creates three pools within the 9 29 property tax relief fund: a per capita expenditure target 9 30 pool, an incentive and efficiency pool, and a risk pool. 9 31 Under current law, moneys appropriated to the property tax 9 32 relief fund which are unexpended at the close of a fiscal year 9 33 remain in the fund. 9 34 The statewide per capita expenditure target is established 9 35 as the 75th percentile of all county per capita expenditures 10 1 for MH/MR/DD services in FY 1997-1998. Counties with a per 10 2 capita expenditure below this target amount that levy the 10 3 maximum amount allowed for MH/MR/DD services are eligible to 10 4 receive payments from the pool. The payment amount is 10 5 determined based upon a county's proportion of the general 10 6 population of the counties eligible to receive the payment. 10 7 Payments are to be issued in January. 10 8 The incentive and efficiency pool is created for payments 10 9 to counties achieving desired results and efficiently 10 10 providing services. The state-county management committee is 10 11 to propose desired results and objective performance measures 10 12 for the results. These are to be adopted in rule by the 10 13 mental health and mental retardation commission. The results 10 14 and measures are to be implemented in a manner which compares 10 15 a county's progress compared to the county's own prior history 10 16 for purposes of making pool payments. The maximum amount is 10 17 based upon a county's proportion of the state's general 10 18 population. This maximum amount is adjusted based upon a 10 19 county's performance score. Payments are to be issued in 10 20 January. Unexpended moneys are carried forward to the next 10 21 fiscal year. 10 22 A risk pool and risk pool board are created. The board 10 23 consists of nine county supervisors, auditors, and central 10 24 point of coordination administrators selected by the governor 10 25 and confirmed by the senate. Applications for risk pool 10 26 assistance must be submitted by April 1. Basic eligibility is 10 27 based upon calculations of the funding available in the 10 28 county's services fund. A county receiving assistance in a 10 29 fiscal year in which the county did not levy the maximum 10 30 allowed must repay the risk pool in the succeeding fiscal 10 31 year. The repayment amount is limited to the amount by which 10 32 the actual amount levied was less than the maximum amount 10 33 allowed. Application provisions and other requirements for 10 34 the pool are to be determined by the board. The board may 10 35 accept or reject an application for assistance in whole or in 11 1 part. In addition, a county may apply to the board for 11 2 preapproval for assistance. If the amount of eligible 11 3 assistance applied for exceeds the amount available for 11 4 distribution, the assistance payments are to be prorated. 11 5 Division II requirements for development of the initial 11 6 incentive and efficiency pool provisions take effect upon 11 7 enactment and are to be developed by July 1, 1998, so that 11 8 counties can collect initial information during FY 1998-1999. 11 9 Emergency rulemaking authority is granted to the MH/DD 11 10 commission for this purpose. Otherwise, for purposes of 11 11 budget preparation and levy certification, this division 11 12 applies to FY 1999-2000. 11 13 Division III amends the allowed growth payment distribution 11 14 formula applicable to FY 2000-2001 and subsequent fiscal 11 15 years. Beginning with this year, the entire distribution is 11 16 to be made based upon a county's proportion of the general 11 17 population. 11 18 LSB 4052HV 77 11 19 jp/cf/24
Text: HF02518 Text: HF02520 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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