Text: SF00203 Text: SF00205 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND 1 2 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH FACTOR ADJUSTMENT. 1 3 There is appropriated from the general fund of the state to 1 4 the department of human services for the fiscal biennium 1 5 beginning July 1, 1997, and ending June 30, 1999, the 1 6 following amounts, or so much thereof as is necessary, to be 1 7 used for the purpose designated: 1 8 For distribution to counties of the county mental health, 1 9 mental retardation, and developmental disabilities allowed 1 10 growth factor adjustment, in accordance with section 331.438, 1 11 subsection 2, and section 331.439, subsection 3, as amended by 1 12 this Act: 1 13 1997-98 FY ....................................... $ 6,163,211 1 14 1998-99 FY ....................................... $ 12,504,538 1 15 For the fiscal year beginning July 1, 1997, the county 1 16 mental health, mental retardation, and developmental 1 17 disabilities allowed growth factor adjustment shall be 2.89 1 18 percent, and for the fiscal year beginning July 1, 1998, the 1 19 county mental health, mental retardation, and developmental 1 20 disabilities allowed growth factor adjustment shall be 2.89 1 21 percent. 1 22 Sec. 2. Section 331.424A, subsection 4, Code 1997, is 1 23 amended to read as follows: 1 24 4. For the fiscal year beginning July 1, 1996, and for 1 25 each subsequent fiscal year, the county shall certify a levy 1 26 for payment of services. For each fiscal year, county 1 27 revenues from taxes imposed by the county credited to the 1 28 services fund shall not exceed an amount equal to the amount 1 29 of base year expenditures for services as defined in section 1 30 331.438, less the amount of property tax relief to be received 1 31 pursuant to section 426B.2,subsections 1 and 3,in the fiscal 1 32 year for which the budget is certified. The county auditor 1 33 and the board of supervisors shall reduce the amount of the 1 34 levy certified for the services fund by the amount of property 1 35 tax relief to be received. A levy certified under this 2 1 section is not subject to the appeal provisions of sections 2 2 331.426 and 444.25B or to any other provision in law 2 3 authorizing a county to exceed, increase, or appeal a property 2 4 tax levy limit. 2 5 Sec. 3. Section 331.438, subsection 2, Code 1997, is 2 6 amended to read as follows: 2 72. Except as modified based upon the actual amount of the2 8appropriation for purposes of state payment under section2 9331.439, the amount of the state payment for a fiscal year2 10shall be calculated by applying the inflation factor2 11adjustment established in accordance with section 331.439,2 12subsection 3, for that fiscal year to the amount of county2 13expenditures for qualified services in the previous fiscal2 14year. A state payment is the state funding a county receives2 15pursuant to section 426B.2, subsection 2. Any state funding2 16received by a county for property tax relief in accordance2 17with section 426B.2, subsections 1 and 3, is not a state2 18payment and shall not be included in the state payment2 19calculation made pursuant to this subsection.2 20 2. a. A state payment to a county for a fiscal year shall 2 21 consist of the sum of the state funding the county is eligible 2 22 to receive from the property tax relief fund in accordance 2 23 with section 426B.2 plus the county's portion of state funds 2 24 appropriated for the allowed growth factor adjustment 2 25 established by the general assembly under section 331.439, 2 26 subsection 3. 2 27 b. A county's portion of the allowed growth factor 2 28 adjustment appropriation for a fiscal year shall be determined 2 29 in accordance with the following formula: 2 30 (1) One-half based upon the county's proportion of the 2 31 state's general population. 2 32 (2) One-half based upon the county's proportion of the sum 2 33 of the following for the fiscal year which commenced two years 2 34 prior to the beginning date of the fiscal year in which the 2 35 allowed growth factor adjustment moneys are distributed: 3 1 (a) The total net expenditure amount for qualified mental 3 2 health, mental retardation, and developmental disabilities 3 3 services for all counties as reported pursuant to section 3 4 331.439, subsection 1, paragraph "a". 3 5 (b) The total of property tax relief payments distributed 3 6 to counties in accordance with section 426B.2. 3 7 c. The department of human services shall provide for 3 8 payment of the amount due a county for the county's allowed 3 9 growth factor adjustment determined in accordance with this 3 10 subsection. The director of human services shall authorize 3 11 warrants payable to the county treasurer for the amounts due 3 12 and the warrants shall be mailed in January of each year. The 3 13 county treasurer shall credit the amount of the warrant to the 3 14 county's services fund created under section 331.424A. 3 15 Sec. 4. Section 331.439, subsection 3, Code 1997, is 3 16 amended to read as follows: 3 17 3. a. For the fiscal year beginning July 1, 1996, and 3 18 succeeding fiscal years, the county's mental health, mental 3 19 retardation, and developmental disabilities service 3 20 expenditures for a fiscal year are limited to a fixed budget 3 21 amount. The fixed budget amount shall be the amount 3 22 identified in the county's management plan and budget for the 3 23 fiscal year. The county shall be authorized an allowed growth 3 24 factor adjustment as established bythe general assembly3 25 statute for services paid from the county's services fund 3 26 under section 331.424A which is in accordance with the 3 27 county's management plan and budget, implemented pursuant to 3 28 this section. The statute establishing the allowed growth 3 29 factor adjustment shall establish the adjustment for the 3 30 fiscal year which commences two years from the beginning date 3 31 of the fiscal year in progress at the time the statute is 3 32 enacted. 3 33 b. Based upon information contained in county management 3 34 plans and budgets, the state-county management committee shall 3 35 recommend an allowed growth factor adjustment to the governor 4 1 by November 15 for thesucceedingfiscal year which commences 4 2 two years from the beginning date of the fiscal year in 4 3 progress at the time the recommendation is made. The allowed 4 4 growth factor adjustment shall address costs associated with 4 5 new consumers of service, service cost inflation, and 4 6 investments for economy and efficiency. The governor shall 4 7 consider the committee's recommendation in developing the 4 8 governor's recommendation for an allowed growth factor 4 9 adjustment forinclusion insuch fiscal year. The governor's 4 10 recommendation shall be submitted at the time the governor's 4 11 proposed budget for the succeeding fiscal year is submitted in 4 12 accordance with chapter 8. 4 13 c. The amount of the appropriation required to fund the 4 14 allowed growth factor adjustment for a fiscal year shall be 4 15 calculated by applying the adjustment established by statute 4 16 for that fiscal year to the sum of the following: 4 17 (1) The total amount of base year expenditures for all 4 18 counties. 4 19 (2) The total amount of the appropriations for allowed 4 20 growth factor adjustments made to all counties in all of the 4 21 fiscal years prior to that fiscal year. 4 22 Sec. 5. Section 426B.2, Code 1997, is amended to read as 4 23 follows: 4 24 426B.2 PROPERTY TAX RELIEF FUND DISTRIBUTIONS. 4 25Moneys in the property tax relief fund shall be utilized in4 26each fiscal year as follows in the order listed:4 27 1.The first sixty-one million dollars plus the amount4 28paid pursuant to subsection 3 in the previous fiscal year in4 29the property tax relief fund shall be distributed to counties4 30under this subsection.The moneys in the property tax relief 4 31 fund available to counties for a fiscal year shall be 4 32 distributed as provided in this section. A county's 4 33 proportion of the moneys shall be equivalent to the sum of the 4 34 following three factors: 4 35 a. One-third based upon the county's proportion of the 5 1 state's general population. 5 2 b. One-third based upon the county's proportion of the 5 3 state's total taxable property valuation assessed for taxes 5 4 payable in the previous fiscal year. 5 5 c. One-third based upon the county's proportion of all 5 6 counties' base year expenditures, as defined in section 5 7 331.438, Code 1995, and reported to the state on October 15,5 81994. 5 9 Moneys provided to a county for property tax relief in a 5 10 fiscal year in accordance with this subsection shall not be 5 11 less than the amount provided for property tax relief in the 5 12 previous fiscal year. 5 132. Payment of moneys to eligible counties of the state5 14payment in accordance with the provisions of sections 331.4385 15and 331.439.5 163.2.For the fiscal year beginning July 1, 1996, and5 17succeeding fiscal years, the department of human services5 18shall estimate the amount of moneys required for the state5 19payment pursuant to subsection 2. Moneys remaining in the5 20property tax relief fund following the payment made pursuant5 21to subsection 1 and the estimated amount of the state payment5 22pursuant to subsection 2 shall be paid for property tax relief5 23in the same manner as provided in subsection 1 to counties5 24eligible for state payment under subsection 2. These payments5 25 The distributions under subsection 1 shall continue to be made 5 26 until the combined amount of thepaymentsdistributions made 5 27 underthis subsection andsubsection 1 are equal to fifty 5 28 percent of the total of all counties' base year expenditures 5 29 as defined in section 331.438.The amount of moneys paid to a5 30county pursuant to this subsection shall be added in5 31subsequent fiscal years to the amount of moneys paid under5 32subsection 1.5 334. Moneys remaining in the property tax relief fund5 34following the payments made pursuant to subsections 1, 2, and5 353 shall be transferred to the homestead credit fund created in6 1section 425.1. This transfer shall continue until the6 2homestead credit is fully funded.6 35.3. The department of human services shall notify the 6 4 director of revenue and finance of the amounts due a county in 6 5 accordance with the provisions of this section. The director 6 6 of revenue and finance shall draw warrants on the property tax 6 7 relief fund, payable to the county treasurer in the amount due 6 8 to a county in accordance withsubsectionssubsection 1and 36 9 and mail the warrants to the county auditors in September and 6 10 March of each year.Warrants for the state payment in6 11accordance with subsection 2 shall be mailed in January of6 12each year.6 13 Sec. 6. Section 426B.3, Code 1997, is amended to read as 6 14 follows: 6 15 426B.3 NOTIFICATION OF RELIEF FUND PAYMENT. 6 16 1. The county auditor shall reduce the certified budget 6 17 amount received from the board of supervisors for the 6 18 succeeding fiscal year for the county mental health, mental 6 19 retardation, and developmental disabilities services fund 6 20 created in section 331.424A by an amount equal to the amount 6 21 the county will receive from the property tax relief fund 6 22 pursuant to section 426B.2,subsections 1 and 3,for the 6 23 succeeding fiscal year and the auditor shall determine the 6 24 rate of taxation necessary to raise the reduced amount. On 6 25 the tax list, the county auditor shall compute the amount of 6 26 taxes due and payable on each parcel before and after the 6 27 amount received from the property tax relief fund is used to 6 28 reduce the county budget. The director of revenue and finance 6 29 shall notify the county auditor of each county of the amount 6 30 of moneys the county will receive from the property tax relief 6 31 fund pursuant to section 426B.2,subsections 1 and 3,for the 6 32 succeeding fiscal year. 6 33 2. The amount of property tax dollars reduced on each 6 34 parcel as a result of the moneys received from the property 6 35 tax relief fund pursuant to section 426B.2,subsections 1 and7 13,shall be noted on each tax statement prepared by the county 7 2 treasurer pursuant to section 445.23. 7 3 Sec. 7. EFFECTIVE DATE. This Act, being deemed of 7 4 immediate importance, takes effect upon enactment. 7 5 EXPLANATION 7 6 This bill relates to the allowed growth factor adjustment 7 7 for county mental health, mental retardation, and 7 8 developmental disabilities services. 7 9 The bill includes appropriations of moneys to the 7 10 department of human services for fiscal years 1997-1998 and 7 11 1998-1999 for distribution of allowed growth factor adjustment 7 12 payments to counties as provided in the bill. The adjustment 7 13 is for increased costs to provide mental health, mental 7 14 retardation, and developmental disabilities (MH/MR/DD) 7 15 services. 7 16 The bill amends Code sections 331.438 and 331.439 to 7 17 provide that the allowed growth factor adjustment for counties 7 18 is to be included in the amount of state payment to counties 7 19 along with the property tax relief fund payment to counties. 7 20 Under current law a county cannot receive a state payment 7 21 unless the county is in compliance with various planning 7 22 provisions administered by the department of human services 7 23 under section 331.439. The allowed growth factor 7 24 appropriation is to be distributed to counties by applying a 7 25 formula based upon a county's proportion of all counties' net 7 26 expenditures for MH/MR/DD services and of property tax relief 7 27 payments to counties, both in the fiscal year which began two 7 28 years prior to the fiscal year in which the payments are to be 7 29 distributed. Moneys received by a county from the 7 30 appropriation are to be deposited in the county's MH/MR/DD 7 31 services fund. 7 32 Code section 331.439 is amended to require the 7 33 recommendations for the allowed growth factor adjustment to be 7 34 made by the state-county management committee and the governor 7 35 to apply to the fiscal year which commences two years after 8 1 the beginning date of the fiscal year in progress at the time 8 2 of the recommendation. The general assembly is to establish 8 3 the allowed growth factor adjustment by statute. 8 4 Code section 331.439 is also amended to describe a method 8 5 for calculating the amount of the appropriation needed to fund 8 6 the adjustment amount established in statute by the general 8 7 assembly. 8 8 Current law provides for funding of the growth factor from 8 9 the property tax relief fund in Code chapter 426B. The bill 8 10 strikes this requirement and instead provides for an 8 11 appropriation from the general fund of the state. Code 8 12 chapter 426B also is amended to strike provisions that when 8 13 payments from the property tax relief fund are equal to 50 8 14 percent of county base year expenditures for MH/MR/DD 8 15 services, any remaining moneys will be transferred for payment 8 16 of the homestead credit. 8 17 The bill includes conforming amendments to Code sections 8 18 331.424A and 426B.3. 8 19 The bill takes effect upon enactment. 8 20 LSB 1592SV 77 8 21 jp/cf/24
Text: SF00203 Text: SF00205 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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