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House Journal: Page 1597: Tuesday, April 18, 2000

25 and any amount of the county's previous fiscal year
26 ending services fund balance in excess of 25 percent
27 of the county's gross expenditures from the services
28 fund in the previous fiscal year, the county may apply
29 for assistance from the moneys appropriated in this
30 section. The board may accept or reject an
31 application for assistance in whole or in part. The
32 decision of the board is final.
33 b. The funding appropriated in this section shall
34 be administered separately from other funding
35 administered by the risk pool board pursuant to
36 section 426B.5, subsection 3. On or before September
37 1, 2000, the risk pool board shall adopt rules, and
38 implement forms, deadlines, application procedures,
39 and other provisions necessary for distributing
40 assistance moneys to such counties. The risk pool
41 board may adopt the rules on an emergency basis under
42 section 17A.4, subsection 2, and section 17A.5,
43 subsection 2, paragraph "b", to implement the
44 procedures and requirements and the rules shall be
45 effective immediately upon filing unless a later date
46 is specified in the rules. Any rules adopted in
47 accordance with this paragraph shall also be published
48 as a notice of intended action as provided in section
49 17A.4.
50 c. If the funds appropriated in this section are

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1 insufficient to pay the total amount of assistance to
2 all counties that are determined by the risk pool
3 board to be eligible for assistance under this
4 subsection, the total amount of assistance shall be
5 prorated among the eligible counties by the risk pool
6 board. However, if the risk pool board determines
7 that prorating the amount of assistance would be
8 required, in addition to or in lieu of prorating the
9 amount of assistance, the risk pool board may adopt a
10 different percentage for the definition of "adjusted
11 actual cost" used in this section. If a different
12 percentage is adopted, the percentage shall be
13 applicable to reimbursement rates payable throughout
14 the fiscal year. A county may delay payment of the
15 reimbursement rate increase required by this section
16 until the risk pool board has completed action as to
17 adopting or not adopting a different percentage for
18 the definition of "adjusted actual cost". Moneys
19 appropriated in this section that remain unencumbered
20 or unobligated at the close of the fiscal year shall
21 revert to the tobacco settlement fund.
22 d. If a county receiving assistance in accordance
23 with this subsection does not levy the maximum amount


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