Text: HSB00632                          Text: HSB00634
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 633

Bill Text

PAG LIN
  1  1    Section 1.  Section 331.424A, Code 1999, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  6.  a.  For the purposes of this
  1  4 subsection and section 331.438, "capital asset" means any real
  1  5 or tangible personal property with a value of more than ten
  1  6 thousand dollars and an estimated usable life of more than
  1  7 three years.  Capital asset does not include any modification
  1  8 made to the home or vehicle of a consumer of services paid
  1  9 from the services fund.
  1 10    b.  An appropriation from the services fund shall not be
  1 11 made for a purchase, lease-purchase, installment acquisition
  1 12 arrangement, or other arrangement for acquisition or
  1 13 improvement of a capital asset.
  1 14    c.  If a capital asset is owned by the county or the
  1 15 acquisition cost is charged to the county's general fund and
  1 16 the capital asset is used for a purpose payable from the
  1 17 county's services fund, the county's services fund shall
  1 18 annually reimburse the county's general fund for the use of
  1 19 the capital asset.  For capital assets acquired on or after
  1 20 July 1, 2000, and for subsequent improvements of those capital
  1 21 assets, the reimbursement amount shall be in accordance with
  1 22 comparable federally approved depreciation schedules.  For
  1 23 capital assets for which appropriations were included in the
  1 24 county budget prior to July 1, 2000, and for subsequent
  1 25 improvements of those capital assets, the reimbursement amount
  1 26 shall be the current fair market rate for use of the capital
  1 27 asset, as determined by an independent real estate appraiser.
  1 28    Sec. 2.  Section 331.427, subsection 2, Code 1999, is
  1 29 amended by adding the following new paragraph:
  1 30    NEW PARAGRAPH.  n.  Capital assets, as defined in section
  1 31 331.424A, acquired to be used for purposes which are
  1 32 reimbursable from the county's services fund.
  1 33    Sec. 3.  Section 331.438, subsection 1, paragraph a, Code
  1 34 Supplement 1999, is amended to read as follows:
  1 35    a.  "Base year expenditures" means the amount selected by a
  2  1 county and reported to the county finance committee pursuant
  2  2 to this paragraph.  The amount selected shall be equal to the
  2  3 amount of net expenditures made by the county for qualified
  2  4 mental health, mental retardation, and developmental
  2  5 disabilities services provided in either one of the following
  2  6 fiscal years:
  2  7    (1)  The actual amount reported to the state on October 15,
  2  8 1994, for the fiscal year beginning July 1, 1993.
  2  9    (2)  The net expenditure amount contained in the county's
  2 10 final budget certified in accordance with chapter 24 for the
  2 11 fiscal year beginning July 1, 1995, and reported to the county
  2 12 finance committee.
  2 13    If the county finance committee approved the county's
  2 14 petition, filed in accordance with this Act for an adjustment
  2 15 in base year expenditures, to transfer accrual of
  2 16 appropriations and revenues attributable to acquisition of
  2 17 capital assets from the county's services fund to the county's
  2 18 general fund, the amount in subparagraph (1) or (2) that was
  2 19 selected by the county shall be adjusted accordingly.
  2 20    Sec. 4.  TRANSITION – TRANSFER OF CAPITAL ASSETS.
  2 21    1.  For the purposes of this section, "base year
  2 22 expenditures" means the same as provided in section 331.438,
  2 23 "county finance committee" means the committee created in
  2 24 section 333A.2, and "capital asset" and "services fund" mean
  2 25 the same as provided in section 331.424A, as amended by this
  2 26 Act.
  2 27    2.  If, as of the effective date of this Act, a county's
  2 28 base year expenditures includes expenditures for acquisition
  2 29 of a capital asset that are prohibited under section 331.424A,
  2 30 subsection 6, as enacted by this Act, the county shall
  2 31 petition the county finance committee by April 30, 2000, to
  2 32 approve an adjustment in the county's base year expenditures
  2 33 in an amount equal to those capital asset expenditures.  The
  2 34 amount of the county's base year expenditures shall be
  2 35 adjusted in accordance with the county finance committee's
  3  1 action.
  3  2    3.  If a county's certified budget for the fiscal year
  3  3 beginning July 1, 2000, includes expenditures from the
  3  4 services fund for a capital asset, the county shall recertify
  3  5 the budget to adjust the levy for the services fund and make a
  3  6 corresponding adjustment in the levy for the general fund in
  3  7 an equal amount.  The county shall complete the
  3  8 recertification with the department of management on or before
  3  9 May 15, 2000.
  3 10    4.  If before the effective date of this section the
  3 11 ownership or acquisition costs of a county's capital asset
  3 12 charges were accrued to the county's services fund, beginning
  3 13 with the effective date of this Act, any appropriations or
  3 14 revenues attributable to that capital asset shall instead be
  3 15 accrued to the county's general fund.  Except as expressly
  3 16 authorized by this Act, the county shall not make any
  3 17 adjustment to the county's services fund or general fund to
  3 18 remunerate the services fund for such appropriations or
  3 19 revenues that were accrued to the services fund before the
  3 20 transfer of accrual to the general fund.
  3 21    Sec. 5.  EFFECTIVE AND APPLICABILITY DATES.  This Act,
  3 22 being deemed of immediate importance, takes effect upon
  3 23 enactment, and is first applicable to county budgets and
  3 24 levies in effect for the fiscal year beginning July 1, 2000,
  3 25 and ending June 30, 2001.  
  3 26                           EXPLANATION 
  3 27    This bill relates to the county mental health, mental
  3 28 retardation, and developmental disabilities services fund by
  3 29 prohibiting appropriations from the fund for capital assets,
  3 30 and includes transition, effective, and applicability dates,
  3 31 and other related provisions.
  3 32    Code section 331.424A, relating to the county mental
  3 33 health, mental retardation, and developmental disabilities
  3 34 services fund, is amended to prohibit appropriations from the
  3 35 services fund for purchase, lease-purchase, installment
  4  1 acquisition arrangement, or other arrangement for acquisition
  4  2 of capital assets.  Capital assets are defined as any real or
  4  3 tangible personal property with a value of more than $10,000
  4  4 and an estimated usable life of more than three years.  If
  4  5 charges for the capital asset are accrued to the county's
  4  6 general fund, the county is to annually reimburse the general
  4  7 fund for the use of the capital asset.  For capital assets
  4  8 acquired on or after July 1, 2000, and for subsequent
  4  9 modifications of those assets, comparable federally approved
  4 10 depreciation schedules are to be used.  Otherwise, the
  4 11 reimbursement amount is to reflect the capital asset's current
  4 12 fair market rate, as determined by an independent real estate
  4 13 appraiser.
  4 14    The bill amends Code section 331.427 to authorize
  4 15 appropriations to acquire capital assets, as defined in the
  4 16 bill, that were previously accrued to the county's services
  4 17 fund and transferred to the county's general fund pursuant to
  4 18 the bill or are acquired to be used for purposes which are
  4 19 reimbursable from the county's services fund.
  4 20    The Code section 331.438 definition of "base year
  4 21 expenditures" is amended by allowing an adjustment of a
  4 22 county's base year expenditures amount to reflect the transfer
  4 23 of accrual of charges for capital assets that are included in
  4 24 the county's services fund to the county's general fund.  The
  4 25 adjustment is subject to approval by the county finance
  4 26 committee and a petition to the committee must be submitted by
  4 27 April 30, 2000.  If the adjustment is approved by the
  4 28 committee, the county is to recertify its levies to make the
  4 29 adjustment in the services fund levy and adjust its levies for
  4 30 the general fund in an equal amount.  The recertification is
  4 31 to be complete by May 15, 2000.
  4 32    The bill provides that beginning with the bill's effective
  4 33 date, charges or revenues previously accrued to the county's
  4 34 services fund shall instead be accrued to the county's general
  4 35 fund.  Any adjustment for charges or revenues previously
  5  1 accrued to the services fund is prohibited.
  5  2    The bill is effective upon enactment, but the changes are
  5  3 first applicable to county budgets and levies in effect for
  5  4 the fiscal year 2001-2002.  
  5  5 LSB 5242DP 78
  5  6 jp/as/5
     

Text: HSB00632                          Text: HSB00634
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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