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House File 2545

Partial Bill History

Bill Text

PAG LIN
  1  1                                         HOUSE FILE 2545
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND
  1  5    DEVELOPMENTAL DISABILITIES SERVICE FUNDING, ALLOCATING
  1  6    AN APPROPRIATION, AND PROVIDING EFFECTIVE DATES.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10                DIVISION I – INTERFUND TRANSFERS
  1 11    Section 1.  Section 331.432, Code 1997, is amended to read
  1 12 as follows:
  1 13    331.432  INTERFUND TRANSFERS.
  1 14    1.  It is unlawful to make permanent transfers of money
  1 15 between the general fund and the rural services fund.
  1 16    2.  Moneys credited to the secondary road fund for the
  1 17 construction and maintenance of secondary roads shall not be
  1 18 transferred.
  1 19    3.  Except as authorized in section 331.477, transfers of
  1 20 moneys between the county mental health, mental retardation,
  1 21 and developmental disabilities services fund and any other
  1 22 fund are prohibited.
  1 23    4.  Other transfers, including transfers from the debt
  1 24 service fund made in accordance with section 331.430, and
  1 25 transfers from the general or rural services fund to the
  1 26 secondary road fund in accordance with section 331.429,
  1 27 subsection 1, paragraphs "a" and "b", are not effective until
  1 28 authorized by resolution of the board.
  1 29    5.  The transfer of inactive funds is subject to section
  1 30 24.21.
  1 31    Sec. 2.  EFFECTIVE DATE.  This division of this Act, being
  1 32 deemed of immediate importance, takes effect upon enactment.  
  1 33             DIVISION II – FY 1999-2000 PROVISIONS
  1 34    Sec. 3.  ALLOWED GROWTH ALLOCATIONS.  Moneys appropriated
  1 35 from the general fund of the state to the department of human
  2  1 services for the fiscal year beginning July 1, 1999, and
  2  2 ending June 30, 2000, to be used for distribution to counties
  2  3 of the county mental health, mental retardation, and
  2  4 developmental disabilities allowed growth factor adjustment,
  2  5 in accordance with section 331.438, subsection 2, and section
  2  6 331.439, subsection 3, are allocated as follows:
  2  7    1.  For distribution to counties in accordance with the
  2  8 formula provided in section 331.438, subsection 2, paragraph
  2  9 "b", as amended by this Act for FY 1999-2000:  
  2 10 .................................................. $ 12,000,000
  2 11    2.  For deposit in the per capita expenditure target pool
  2 12 created in the property tax relief fund pursuant to this Act:  
  2 13 .................................................. $  2,126,362
  2 14    3.  For deposit in the incentive and efficiency pool
  2 15 created within the property tax relief fund pursuant to this
  2 16 Act:  
  2 17 .................................................. $  2,000,000
  2 18    4.  For deposit in the county risk pool created within the
  2 19 property tax relief fund pursuant to this Act:  
  2 20 .................................................. $  2,000,000
  2 21    Sec. 4.  Section 331.438, subsection 1, Code Supplement
  2 22 1997, is amended by adding the following new paragraph:
  2 23    NEW PARAGRAPH.  aa.  "Per capita expenditure" means the
  2 24 amount derived from the sum of a county's expenditures for
  2 25 mental health, mental retardation, and developmental
  2 26 disabilities services for a fiscal year as reported to the
  2 27 department of human services pursuant to section 331.439, plus
  2 28 the state payment to the county and any payments made under
  2 29 section 426B.5 for that fiscal year, divided by the county's
  2 30 general population for that fiscal year.
  2 31    Sec. 5.  Section 331.438, subsection 2, paragraph b,
  2 32 subparagraphs (1) and (2), Code Supplement 1997, are amended
  2 33 to read as follows:
  2 34    (1)  One-half Seventy-five percent based upon the county's
  2 35 proportion of the state's general population.
  3  1    (2)  One-half Twenty-five percent based upon the county's
  3  2 proportion of the sum of the following for the fiscal year
  3  3 which commenced two years prior to the beginning date of the
  3  4 fiscal year in which the allowed growth factor adjustment
  3  5 moneys are distributed:
  3  6    Sec. 6.  Section 405A.4, subsection 2, Code 1997, is
  3  7 amended to read as follows:
  3  8    2.  The allocation of a county as determined under
  3  9 subsection 1 may be credited to the general, rural services,
  3 10 secondary road, or other special revenue fund of the county.
  3 11 The allocation of a county under subsection 1 shall not be
  3 12 credited to the county's mental health, mental retardation,
  3 13 and developmental disabilities services fund.
  3 14    Sec. 7.  Section 426B.2, Code Supplement 1997, is amended
  3 15 by adding the following new subsection:
  3 16    NEW SUBSECTION.  4.  As used in this chapter, and in
  3 17 sections 331.438 and 331.439, "population" means the latest
  3 18 applicable population estimate issued by the federal
  3 19 government.
  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 two county supervisors, two county auditors, a member of
  6  1 the state-county management committee created in section
  6  2 331.438 who was not appointed by the Iowa state association of
  6  3 counties, a member of the county finance committee created in
  6  4 chapter 333A who is not an elected official, and two single
  6  5 entry point process administrators, all appointed by the
  6  6 governor, and one member appointed by the director of human
  6  7 services.  All members appointed by the governor shall be
  6  8 subject to confirmation by the senate.  Members shall serve
  6  9 for three-year terms.  A vacancy shall be filled in the same
  6 10 manner as the original appointment.  Expenses and other costs
  6 11 of the risk pool board members representing counties shall be
  6 12 paid by the county of origin.  Expenses and other costs of
  6 13 risk pool board members who do not represent counties shall be
  6 14 paid from a source determined by the governor.  Staff
  6 15 assistance to the board shall be provided by the department of
  6 16 human services and counties.  Actuarial expenses and other
  6 17 direct administrative costs shall be charged to the pool.
  6 18    c.  (1)  A county must apply to the board for assistance
  6 19 from the risk pool on or before April 1 to cover an
  6 20 unanticipated cost in excess of the county's current fiscal
  6 21 year budget amount for the county's mental health, mental
  6 22 retardation, and development disabilities services fund.  For
  6 23 purposes of applying for risk pool assistance and for repaying
  6 24 unused risk pool assistance, the current fiscal year budget
  6 25 amount shall be deemed to be the higher of either the budget
  6 26 amount in the management plan approved under section 331.439
  6 27 for the fiscal year in which the application is made or the
  6 28 prior fiscal year's gross expenditures from the services fund.
  6 29    (2)  Basic eligibility for risk pool assistance shall
  6 30 require a projected need in excess of the sum of one hundred
  6 31 five percent of the county's current fiscal year budget amount
  6 32 and any amount of the county's prior fiscal year ending fund
  6 33 balance in excess of twenty-five percent of the county's gross
  6 34 expenditures from the services fund in the prior fiscal year.
  6 35    (3)  The board shall review the fiscal year-end financial
  7  1 records for all counties that are granted risk pool
  7  2 assistance.  If the board determines a county's actual need
  7  3 for risk pool assistance was less than the amount of risk pool
  7  4 assistance granted to the county, the county shall refund the
  7  5 difference between the amount of assistance granted and the
  7  6 actual need.  The county shall submit the refund within thirty
  7  7 days of receiving notice from the board.  Refunds shall be
  7  8 credited to the risk pool.
  7  9    (4)  A county receiving risk pool assistance in a fiscal
  7 10 year in which the county did not levy the maximum amount
  7 11 allowed for the county's mental health, mental retardation,
  7 12 and development disabilities services fund under section
  7 13 331.424A shall be required to repay the risk pool assistance
  7 14 in the succeeding fiscal year.  The repayment amount shall be
  7 15 limited to the amount by which the actual amount levied was
  7 16 less than the maximum amount allowed.
  7 17    (5)  The board shall determine application requirements to
  7 18 ensure prudent use of risk pool assistance.  The board may
  7 19 accept or reject an application for assistance in whole or in
  7 20 part.  The decision of the board is final.
  7 21    (6)  The total amount of risk pool assistance shall be
  7 22 limited to the amount available in the risk pool for a fiscal
  7 23 year.  If the total amount of eligible assistance exceeds the
  7 24 amount available in the risk pool the amount of assistance
  7 25 paid shall be prorated among the counties eligible for
  7 26 assistance.
  7 27    d.  A county may apply for preapproval for risk pool
  7 28 assistance based upon an individual who has an unanticipated
  7 29 disability condition with an exceptional cost and the
  7 30 individual is either new to the county's service system or the
  7 31 individual's unanticipated disability condition is new to the
  7 32 individual.
  7 33    e.  The department of human services shall annually
  7 34 calculate the amount of moneys due to eligible counties in
  7 35 accordance with the board's decisions.  The department shall
  8  1 authorize the issuance of warrants payable to the county
  8  2 treasurer for the amounts due and the warrants shall be issued
  8  3 before the close of the fiscal year.
  8  4    Sec. 9.  EFFECTIVE DATE – APPLICABILITY.
  8  5    1.  The provisions of section 426B.5, subsection 2, as
  8  6 enacted by this Act, directing the state-county management
  8  7 committee to make recommendations and the mental health and
  8  8 developmental disabilities commission to adopt rules, being
  8  9 deemed of immediate importance, take effect upon enactment for
  8 10 purposes of the recommendations and rules and for counties
  8 11 collecting initial information during the fiscal year
  8 12 beginning July 1, 1998.  Payments under section 426B.5,
  8 13 subsection 2, shall commence with the fiscal year beginning
  8 14 July 1, 1999.  The rules shall be adopted on or before July 1,
  8 15 1998.  The mental health and mental retardation commission may
  8 16 adopt emergency rules under section 17A.4, subsection 2, and
  8 17 section 17A.5, subsection 2, paragraph "b", to implement the
  8 18 provisions of this Act and the rules shall be effective
  8 19 immediately upon filing unless a later date is specified in
  8 20 the rules.  Any rules adopted in accordance with this
  8 21 subsection shall also be published as a notice of intended
  8 22 action as provided in section 17A.4.
  8 23    2.  Except as provided in subsection 1, this division of
  8 24 this Act takes effect July 1, 1998, for purposes of creating
  8 25 the risk pool board and completing required planning.  This
  8 26 division of this Act is applicable to county budgets prepared
  8 27 and levies certified commencing with the fiscal year beginning
  8 28 July 1, 1999.  
  8 29                  DIVISION III – FY 2000-2001
  8 30    Sec. 10.  Section 331.438, subsection 2, paragraph b, Code
  8 31 Supplement 1997, as amended by this Act, is amended by
  8 32 striking the paragraph and inserting in lieu thereof the
  8 33 following:
  8 34    b.  A county's portion of the allowed growth factor
  8 35 adjustment appropriation for a fiscal year shall be determined
  9  1 based upon the county's proportion of the state's general
  9  2 population.
  9  3    Sec. 11.  EFFECTIVE DATE – APPLICABILITY.  This division
  9  4 of this Act takes effect July 1, 2000, and is applicable to
  9  5 county budgets prepared and levies certified for the fiscal
  9  6 year beginning July 1, 2000.  Prior to July 1, 2000, the
  9  7 counties shall perform those acts necessary for budget
  9  8 preparation and levy certification in order to implement this
  9  9 division of this Act on July 1, 2000.  
  9 10 
  9 11 
  9 12                                                             
  9 13                               RON J. CORBETT
  9 14                               Speaker of the House
  9 15 
  9 16 
  9 17                                                             
  9 18                               MARY E. KRAMER
  9 19                               President of the Senate
  9 20 
  9 21    I hereby certify that this bill originated in the House and
  9 22 is known as House File 2545, Seventy-seventh General Assembly.
  9 23 
  9 24 
  9 25                                                             
  9 26                               ELIZABETH ISAACSON
  9 27                               Chief Clerk of the House
  9 28 Approved                , 1998
  9 29 
  9 30 
  9 31                         
  9 32 TERRY E. BRANSTAD
  9 33 Governor
     

Text: HF02544                           Text: HF02546
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