1998 Summary of Legislation Published by the Iowa General Assembly -- Legislative Service Bureau

LOCAL GOVERNMENT

AGRICULTURE LEGISLATION

SENATE FILE 316 - Law Enforcement Officers' Training and Probationary Periods (full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act provides for time extension for the completion of law enforcement officer training and for the completion of probationary employment periods for deputy sheriffs and police patrol officers. The Act provides that the Law Enforcement Academy Council shall extend the one-year time period in which an officer must be certified for up to an additional 180 days if the officer is enrolled in training within 12 months of initial appointment as a peace officer.

If a deputy sheriff or police patrol officer has completed law enforcement training before initial appointment as a deputy sheriff or police patrol officer, the probationary period shall be for a period up to nine months commencing on the date of initial appointment. Also, if a deputy sheriff or police patrol officer has not completed law enforcement officer training before the date of initial appointment as a deputy sheriff or police patrol officer, the probationary period of up to nine months shall commence on the date of initial appointment and continue for up to nine months after completion of the training.

This Act also provides for a probationary period of up to nine months for a police patrol officer or deputy sheriff who transfers employment from one jurisdiction to another.

SENATE FILE 530 - Enhanced E911 Emergency Telephone Systems -- Wireless Communications Surcharge and E911 Administrator (full text of act)

BY COMMITTEE ON WAYS AND MEANS. This Act establishes an E911 wireless communications surcharge, establishes an E911 administrator in the Department of Public Defense, expands the membership on the E911 Communications Council, and provides appropriations for the E911 administrator and for telecommunicator training.

The Act directs the Administrator of the Division of Emergency Management of the Department of Public Defense to appoint an E911 administrator. The E911 administrator is to administer the E911 chapter under the supervisory control of the division administrator and in consultation with the E911 Communications Council.

The Act provides that the administrator is to establish by rule a monthly surcharge of up to 50 cents to be imposed on each wireless communications service number provided in this state. The administrator may adjust the surcharge amount, subject to the 50-cent limitation, no more than once in any calendar year. The surcharge is to be collected by the wireless communications service provider, which may retain 1 percent of the gross surcharges collected in compensation for the costs of billing and collection. The surcharge is to be remitted by the provider to the administrator quarterly and deposited into a Wireless E911 Emergency Communications Fund for use to fund the functions of the administrator, reimburse wireless carriers for their eligible costs to deliver E911 services, and distribute to joint E911 service boards and the Department of Public Safety for the implementation of enhanced wireless communications capabilities.

The Act expands the membership of the E911 Communications Council to include two persons appointed by the Iowa wireless industry. The Act provides that a member of the council is to be reimbursed for actual and necessary expenses incurred in the performance of the member's duties, if such member is not otherwise reimbursed.

The Act provides for the disposition of initial amounts deposited in the Wireless E911 Emergency Communications Fund for FY 1998-1999 as follows:

• An amount is appropriated not to exceed $200,000 for the implementation, support and maintenance of the functions of the E911 administrator.
• An amount is to be transferred by the E911 administrator not to exceed $80,000 for telecommunicator training.

The Act takes effect April 16, 1998.

SENATE FILE 2015 - Items Deemed Nuisances (full text of act)

BY LUNDBY. This Act removes cotton-bearing cottonwood trees and all other cotton-bearing poplar trees in cities from a list of items or conditions that constitute a nuisance.

SENATE FILE 2061 - Tax Statements (full text of act)

BY COMMITTEE ON WAYS AND MEANS. This Act requires representatives of the Iowa State Treasurers Association to recommend to the Legislative Council's Task Force on Iowa's System of State and Local Taxation, a process by which a statewide uniform property tax statement design can be in place and used statewide for tax statements issued beginning with the 1999-2000 fiscal year. House File 726, enacted in 1997, required county treasurers to include specified comparative information on property tax statements.

The Act also allows a county to defer implementation of the property tax statement comparative data requirements for fiscal years 1998-1999 and 1999-2000 by filing an application for deferral with the Department of Management. For FY 1999, the application for deferral must be received within 30 days of the effective date of this Act. For the fiscal year beginning July 1, 1999, the application must be received on or before January 1, 1999. The Act defines "taxing authority" to mean a public body which has the authority to certify a property tax to be levied.

The Act also requires the county treasurer to send, upon request, a property tax statement to financial institutions, contract purchasers and lessees of the property. The Act allows the county treasurer to negotiate and charge a reasonable fee for tax statements or tax statement information requested.

The Act takes effect May 14, 1998.

SENATE FILE 2200 - County Agricultural Extension Councils (full text of act)

BY ANGELO. This Act permits a county agricultural extension council to collect reasonable fees and to seek and receive grants, donations, gifts, bequests, or other moneys from public and private sources to be used for the purposes of the council. The Act also permits the council to enter into contracts to provide educational services.

Members of the council serve without compensation, but the Act permits the members to be reimbursed for actual and necessary expenses, including in-state travel at not more than the state rate, incurred in the performance of official duties other than attendance at regular local council meetings. Payment shall be made from moneys available in the county agricultural extension education fund.

SENATE FILE 2254 - Room and Board Charges for Certain Prisoners (full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act provides that a sheriff may collect room and board charges from a prisoner serving a sentence of contempt of court for violation of a domestic abuse order. The Act also exempts the sheriff's room and board fees collected as delinquent fees from distribution as other delinquent fines, penalties, court costs, surcharges, and restitution payments are distributed.

SENATE FILE 2284 - Rural Improvement Zones (full text of act)

BY COMMITTEE ON WAYS AND MEANS. This Act expands the definition of "improvement" for purposes of rural improvement zones to include dredging, installation of erosion control measures, land acquisition, soil conservation practices, and related improvements within or outside of the boundaries of the zone. Prior law limited such items to items located within the zone.

This Act specifies that the trustees of a rural improvement zone shall begin their terms immediately following their election and certification.

Prior law allowed for the issuance of certificates to finance improvements. This Act expands this to allow the board of trustees to enter into contracts or other obligations for purposes of financing improvements.

SENATE FILE 2367 - Counties -- Issuance of Marriage Licenses, Birth Registration Fees (full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act strikes the county registration fee of $4 for a birth registration. Currently, births are also registered with the state at a fee of $10. The county recorder or registrar collects that fee for deposit in the General Fund of the State.

The Act also permits the county recorder to issue a marriage license upon receipt of a verified application, but the license will not be valid until after the expiration of three days from the date of issuance of the license.

SENATE FILE 2368 - Public Utility Facilities in Local Government Rights-of-Way and Telecommunications Franchises in Cities (full text of act)

BY COMMITTEE ON COMMERCE. This Act amends provisions relating to a city's authority to grant a franchise to erect, maintain and operate plants and systems for telephone service, and establishes provisions relating to the management of public rights-of-way.

The Act creates a new Code Chapter 480A, which defines a local government's right to charge public utilities for the location and operation of public utilities in the local government's rights-of-way.

The Act also eliminates the authority of a city to grant a franchise to erect, maintain and operate a telephone plant and system. The Act provides that a local government may not recover a fee from a public utility for use of a right-of-way other than a fee for management costs caused by the public utility's activity in the right-of-way. Costs which cannot be attributed to a single public utility are to be allocated among all users of the right-of-way, including the local government itself. The Act provides that the new Code chapter does not modify or supersede the rights and obligations of a local government and the public utility established under the terms of a franchise granted by the local government. The Act prohibits a city that collects a city franchise fee from an entity from also collecting a fee for use of the city's right-of-way.

The Act provides that a public utility which is assessed management costs by a local government is entitled to recover those costs.

The Act applies retroactively to January 1, 1998, and supersedes the provisions of any ordinances contrary to the Act.

SENATE FILE 2372 - Sheriff Uniforms (full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act adds shirts to the clothing items included as part of the standard uniform of a sheriff or deputy sheriff.

The Act also makes inapplicable Code Section 25B.2, subsection 3, which would relieve a county from complying with the state mandate in this Act if funding for the cost of the state mandate is not provided or specified. Therefore, counties must comply with this state mandate without compensation.

SENATE FILE 2400 - Powers and Duties of County Treasurers (full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act makes a number of changes to the powers and duties of county treasurers.

Code Section 161A.35 is amended to provide that installment payments for improvements to property for purposes of watershed protection and flood prevention shall become due and payable at the September semiannual pay date and the agreement to pay in installments shall be filed with the county treasurer rather than with the county auditor.

Code Section 176A.14 is amended to eliminate the requirement that the county treasurer's approval be endorsed on the bond filed by the treasurer of an agricultural extension council. Code Section 331.502 is amended to correspond to this change.

Code Section 309.55 is amended to change the time period after which interest ceases to accrue on anticipatory certificates issued in anticipation of revenues collected for deposit in the county secondary road fund. The time period is changed from 30 days to 10 days.

Code Section 311.17 is amended to make the secondary road assessment payment procedure consistent with payment of other special assessments. Code Section 311.17 is also amended to increase from $10 to $100 the amount owed by the taxpayer before the amount may be paid in installments. Code Sections 311.19 and 384.60 are amended to provide that special assessments of $100 or less may not be paid in installments.

Code Sections 311.18, 317.21, 384.60, and 384.65 are amended to provide that special assessments and special taxes collected by the county are considered delinquent if not received by the county on the last day due, including in those instances when the last day due is a Saturday or a Sunday.

Code Section 321.44A is amended to give the county treasurer the option of retaining for deposit in the county general fund up to 5 percent of the voluntary contribution made to the state's Anatomical Gift Public Awareness and Transplantation Fund.

Code Sections 335.30A and 414.28A, relating to county and city zoning of land-leased communities, are amended to remove modular homes from the definition of "land-leased community" and to provide that manufactured homes in land-leased communities shall be taxed on a square footage basis. Amendments to these Code sections apply retroactively to the assessment year beginning January 1, 1998, and to all subsequent assessment years.

Code Section 384.47 is amended to require that the parcel number be identified on a special assessment payment schedule for a public improvement.

Code Section 384.84 is amended to define "premises," for purposes of delinquent utility liens, to include mobile homes, modular homes and manufactured homes taxed as real estate.

Code Sections 435.1, 435.22, 435.26, 435.27, 435.29, and 435.35 are amended to remove modular home from the type of housing which, for property tax purposes, is taxed on a square footage basis if located in a mobile home park. Modular housing located inside and outside a mobile home park shall be taxed as real estate. New Code Section 435.34 is created to exempt modular homes from the square footage property tax. However, modular homes placed in a mobile home park in existence on or before January 1, 1998, will continue to be taxed by square footage. Amendments to these Code sections apply retroactively to the assessment year beginning January 1, 1998, and to all subsequent assessment years.

Code Section 435.26 is amended to require the assessor, when entering a mobile home, modular home or manufactured home taxed as real estate on the tax rolls, to also enter on the tax rolls the prior title number of the home, if it is being converted to real estate, and the manufacturer's identification number.

Code Section 445.36 is amended to refer to the total amount of property taxes due rather than the tax and interest due, making the provision consistent with other statutory references to delinquent property tax amounts.

Code Sections 446.2, 446.9 and 446.20 are amended to provide that failure to receive a notice pertaining to a tax sale is not a defense to failure to pay the total amount due. The amendment to Code Section 446.9 also applies to statements of delinquent taxes mailed by the county treasurer with the notice of tax sale.

Code Section 447.9 is amended to provide that notice of expiration of right of redemption must be served by both regular mail and certified mail to the taxpayer. The law had required personal service. The notice is deemed completed when the certified mail notice is deposited in the mail and postmarked for delivery. By internal reference, this also changes the type of service required in Code Section 446.20 when a county serves notice of liability for costs incurred by the county in removing, dismantling or demolishing property purchased by the county at tax sale.

New Code Sections 648.6 and 648.22A are enacted to allow a mobile home park tenant, against whom a judgment has been entered, to delay vacating the premises for up to 30 days after entry of the judgment if the landlord of the mobile home park consents to delayed vacation and if all utilities to the mobile home are disconnected within three days of the entry of judgment.

SENATE FILE 2405 - Joint County, City, School District Buildings -- VETOED BY THE GOVERNOR (full text of act)

BY COMMITTEE ON STATE GOVERNMENT. This bill would have created within Code Chapter 28E a new section providing for the joint construction or acquisition, furnishing, operation, and maintenance of public buildings by a county, city or school district. The bill provided that two or more counties, cities or school districts, each containing areas within their boundaries that overlap areas within the boundaries of the others, or which are contiguous with each other, could execute an agreement for the joint construction or acquisition, furnishing, operation, and maintenance of a public building or buildings for their common use within their overlapping or contiguous areas. Noncontiguous cities located within the same county, or contiguous counties, could also execute such an agreement. The agreement would have to be approved by resolution of the governing bodies of each of the participating counties, cities or school districts and would specify the purposes for which the building or improvement would be used, the estimated cost thereof, the estimated amount of the cost to be allocated to each of the participating counties, cities or school districts, the proportion and method of allocating the expenses of the operation and maintenance of the building or improvement, and the disposition to be made of any resulting revenues.

The bill provided that a county, city or school district could appropriate funds or issue general obligation bonds for the payment of its share of the cost of constructing, acquiring, furnishing, operating, or maintaining a joint public building, either on a joint or an individual basis, and that bonds could not be issued by a county, city or school district until provision was made by each of the other participating counties, cities or school districts to the agreement for the payment of their shares of the cost of the joint public building. A vote in favor of authorization of bonds cast by at least 60 percent of the electors voting on the question of a bond issue would be necessary for approval of the bond issue. In the event that the cost of the construction or acquisition, furnishing, operation, and maintenance of the public building exceeded original estimates, the bill authorized a county, city or school district to appropriate additional moneys or issue additional bonds to pay their portion of the increased costs.

The bill additionally authorized a county, city or school district, with the consent of the governing bodies of the other counties, cities or school districts which are parties to the agreement, to improve, add to or equip any such building for its own purposes to the same extent and in the same manner as if the building were wholly owned by and devoted to the uses of the county, city or school district.

SENATE FILE 2406 - Iowa Empowerment Board, Community Empowerment Areas, and Community Empowerment Area Boards (full text of act)

BY COMMITTEE ON APPROPRIATIONS.

OVERVIEW. This Act creates the Iowa Empowerment Board and authorizes local communities to create community empowerment areas and community empowerment area boards. The stated purpose of the Act is to create a partnership between communities and state government by gradually implementing a statewide system of community empowerment areas. An important initial emphasis is to improve the well-being of families with young children. An additional emphasis is to reduce duplicative requirements that are barriers to community efforts to improve the efficiency and effectiveness of local education, health and human services programs. The Act establishes a School Ready Children Grant Program for collaborative planning for, and funding of, early childhood programs. The Act includes numerous transition provisions in order to expedite implementation.

IOWA EMPOWERMENT BOARD. The Iowa Empowerment Board (Iowa Board) is created to oversee state and community efforts involving community empowerment areas. The board is to have 11 voting members, including citizens and the directors of the departments of Education, Human Services, and Public Health. In addition, three members each of the Iowa Senate and House of Representatives are to serve as ex officio, nonvoting members. The Iowa Board is to designate state agency teams to provide technical assistance and other support to community empowerment areas. In addition, an advisory council may be designated consisting of community empowerment area board members.

The initial Iowa Board is to be appointed by the Governor by December 1, 1998. Until that date, a transition board consisting of the citizen members of the Innovation Zone Board and the designated department directors and legislators are to fulfill the responsibilities of the Iowa Board. Innovation zones were authorized in 1996 legislation on a project basis to further community-level collaboration of public and private service providers. A state-level Innovation Zone Board was created to oversee the community-level projects. The Act repeals this state-level board and requires the Iowa Empowerment Board to integrate Innovation Zone Board duties.

The Iowa Board is authorized to adopt administrative rules and take other actions to improve state coordination of services and to assist community empowerment areas and the associated community boards. Duties include the development of performance indicators for community empowerment boards and areas and of minimum standards to further the provision of equal access to services.

COMMUNITY EMPOWERMENT AREAS AND BOARDS. The stated purpose of a community empowerment area is to enable local citizens to lead collaborative efforts involving education, health and human services programs on behalf of the children, families and other citizens residing in the area. An area is to be designated using existing school district and county boundaries to the extent possible. Designation of an area is subject to the approval of the Iowa Board. Criteria used for approval include the existence of a large enough geographic area and population to administer efficiently and effectively the area.

The Act provides for the establishment of community empowerment area boards for each community empowerment area. The Act requires that the majority of the members of a community board are to be citizens and elected officials and the remainder may be employees of, or individuals paid for, representing various public and private agencies, associations and organizations. Any initial board, which does not comply with this membership requirement, must comply by June 30, 1999.

The Act provides additional provisions for transition from existing entities to the new areas and boards. The Act includes transition provisions in the event an initial empowerment area consists of the area of an innovation zone, one or more school districts, or a decategorization project. Under these circumstances, in addition to existing board members of those jurisdictions, the empowerment area board is to include representatives of school districts, county boards of supervisors, cities, juvenile court services, public health and human services administrators, and parents of children living in the area. For areas that do not encompass innovation zones or decategorization projects, the chairperson of the county board of supervisors may work with the local school district or districts to designate an area and board.

The community board must designate a public agency to be the fiscal agent for the board and to administer school ready children and community empowerment grant moneys. A community board may designate committees to oversee grant moneys awarded to the empowerment area, function as a coordinating body for services offered by others in the area that are directed to similar purposes, and develop neighborhood bodies for community-level input and service implementation.

SCHOOL READY CHILDREN GRANTS. The Act includes comprehensive provisions for a School Ready Children Grant Program to be jointly developed and promoted by the departments of Education, Human Services, and Public Health. The departments are to identify core indicators of performance and a process for determining the readiness of an area to administer a grant. In addition, the departments are to provide for technical assistance. The provisions identified by the departments are subject to approval by the Iowa Board.

The Act requires that, at a minimum, a School Ready Children Grant is to provide for all of the following:

• Preschool services to children deemed at risk of not succeeding in elementary school.
• Parent support and education programs.
• A comprehensive plan for providing services for children from birth through age five years. Services are to include child development, child day care, training child day providers to encourage early intellectual stimulation of very young children, health and safety, and identification of chemically exposed infants and children.
• The comprehensive plan is to describe community needs for children from birth through age five, describe current and desired levels of community coordination of services for this age group, identify all available public and private funding, describe how funding sources will be used collaboratively, and identify the results the community board expects to achieve through the grant program.

Grantees must submit an annual report on the effectiveness of the grant programs. Grants are to be for a three-year period, subject to program evaluations and funding availability. Moneys are to be granted based upon the Iowa Board's determination of a community board's degree of readiness to effectively utilize the moneys. The criteria used to determine readiness include evidence of successful collaboration, program design, local funding commitment, and adequacy of plans for obtaining local funding.

There are two dates for community empowerment area boards to submit initial School Ready Children Grant plans. The first date is September 1, 1998. The second date of January 1, 1999, was amended to be December 1, 1998, in H.F. 2395 (see Appropriations).

FUNDING. The Act creates an Iowa Empowerment Fund. The School Ready Children Grant moneys are to be credited to an account in the fund under the authority of the Director of the Department of Education. A $5.2 million appropriation for these grants in FY 1998-1999 is made in the education reform legislation, S.F. 2366 (see Appropriations).

The Act also creates an Early Childhood Programs Grants Account in the Iowa Empowerment Fund. An annual appropriation of $3.8 million for the four-year period beginning FY 1998-1999 is made to the Department of Human Services from the Federal Temporary Assistance for Needy Families Block Grant. Eligibility for this funding requires eligibility for a School Ready Children Grant. Other criteria are provided in the appropriation in S.F. 2410 (see Appropriations).

HEALTHY FAMILIES PROGRAM. The Act amends prior law involving the Healthy Families Program, which provides services to families upon the birth of a child. Requests by local communities for the redesigning of services were previously subject to joint approval of the departments of Public Health, Human Services, and Education. The Act provides for this approval to be granted by the Iowa Empowerment Board in consultation with the three departments.

CHILD WELFARE DECATEGORIZATION. Decategorization projects exist in almost all Iowa counties to collaboratively administer primarily Department of Human Services' funding for child welfare and juvenile justice. The Act includes several provisions for coordination with these projects and the Iowa empowerment initiative. Annual reports are to be submitted to the Iowa Empowerment Board. An initial community empowerment area board may be a decategorization governance board. By mutual agreement, a community empowerment area board may assume the duties of a decategorization governance board or the decategorization governance board may continue as a committee of the empowerment area board.

COUNCIL ON CHILDREN, YOUTH, AND FAMILIES. The Council on Children, Youth, and Families, in the Department of Human Services, is repealed by the Act.

The Act takes effect May 20, 1998.

HOUSE FILE 8 - State Mandates -- VETOED BY THE GOVERNOR (full text of act)

BY VANDE HOEF AND HOUSER. This bill would have provided that, commencing July 1, l998, if a new state mandate is imposed on local governments which requires the performance of a new activity, to expand an activity beyond what was required before July 1, l998, or to provide a new or expanded service, the state mandate must be funded. If the state mandate is not fully funded, the bill would release affected political subdivisions from any requirement to comply or implement the state mandate and the political subdivisions would not be subject to any liabilities, fines or penalties for failure to comply. However, the bill provided that the requirement that state mandates must be funded would not apply to any requirement imposed on a political subdivision relating to public retirement systems pursuant to Code Chapters 97B, 410 and 411, or to the enforcement of Code Chapter 321J (Operating While Intoxicated) or the Iowa Criminal Code pursuant to Code Chapters 701 to 728.

A state mandate means a statutory requirement which necessitates the additional combined annual expenditures by all affected subdivisions of at least $100,000 annually or additional combined expenditures of local revenue by all affected political subdivisions within five years of enactment of $500,000 or more.

HOUSE FILE 2049 - County Contracts for Public Improvements and Redemption of Parcels at Property Tax Sales (full text of act)

BY HUSER AND CARROLL. This Act allows a county to redeem on behalf of a delinquent taxpayer a parcel sold at tax sale, if the taxpayer shows that the taxpayer is unable to contribute to the public revenue, in the same manner that a county may suspend the taxes due of a person otherwise deemed unable to contribute to the public revenue. The Act provides that, with the exception of the 2 percent interest paid by the county to the certificate holder, the amount paid by the county to redeem shall be charged against and deducted from the next month's disbursement of funds made by the county to each tax-levying or tax-certifying body having any interest in the taxes. A county may limit the number of times a taxpayer may petition for this type of assistance. This portion of the Act applies to tax sales held before, on or after July 1, 1998.

The Act also increases the contract price for a public improvement that requires a contractor's bond from $5,000 to $15,000.

HOUSE FILE 2175 - Sanitary Districts -- Creation and Annexation (full text of act)

BY GREIG. This Act establishes procedures for the annexation of territory to a sanitary district in a county which has more than 7,500 acres of natural lakes. The procedures are similar to the procedures used to create a new sanitary district, including a petition of property owners to the board of supervisors, a public hearing on the petition after notice, and a favorable vote of the registered voters of the district and the territory to be annexed.

HOUSE FILE 2211 - Liability for Inmate, Prisoner, and Escapee Expenses -- State Tort Claims (full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act specifies state liability for and payment of certain costs and expenses relating to the supervision and care of inmates, prisoners and escapees from state custody. The Act provides that persons who are supervising inmates or prisoners pursuant to a Chapter 28E agreement are considered state employees and the state will defend and indemnify the employees against tort claims and demands while the employees are acting in the scope of employment.

The Act also provides that a county is not liable for medical treatment for injuries incurred by a person before the person is transferred to the custody of the county sheriff. Costs resulting from injuries occurring before a person is transferred to the custody of the sheriff or expenses incurred by an escapee from a state correctional institution are payable from the General Fund of the State.

HOUSE FILE 2246 - Payment of County Medical Examiners' Fees and Expenses (full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act establishes a procedure for the collection of fees and expenses incurred by a county medical examiner when a preliminary examination and related services are performed for a decedent who was not a resident of the county. The county appointing the county medical examiner initially pays for the fees and expenses and the county of appointment is to be reimbursed by the county of the decedent's residence.

HOUSE FILE 2472 - Penalties for Violations of City or County Ordinances and City or County Infractions (full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act increases the limit on a civil penalty for violation of a city or county ordinance or a city or county infraction from $100 to $500, and the limit on a penalty for a repeat offense from $200 to $750.

HOUSE FILE 2545 - County Mental Health, Mental Retardation, and Developmental Disabilities Service Funding (full text of act)

BY COMMITTEE ON APPROPRIATIONS. This Act relates to county mental health, mental retardation and developmental disabilities (MH/MR/DD) service funding and allocates the FY 1999-2000 appropriation made for expenditure growth in these services. The Act is divided into three divisions, based on the effective date of the provisions in each division.

Division I relates to transfers between county funds by amending Code Section 331.432 to prohibit transfers between the county MH/MR/DD services fund and any other county fund. This Division takes effect April 27, 1998.

Division II relates to FY 1999-2000 service funding provisions by allocating, from moneys appropriated to the Department of Human Services, $18,126,362 for MH/MR/DD allowed growth to counties and establishing funding pools within the Property Tax Relief Fund. The majority of this Division takes effect July 1, 1998, for planning purposes in order for moneys to be distributed in FY 1999-2000.

Code Section 331.438, relating to MH/MR/DD expenditures and definitions, is amended by defining "per capita expenditure" used for calculating a county's per capita MH/MR/DD services expenditures for each person in the county's general population. This definition is used as part of the calculation for distribution of the per capita expenditure target pool created in the Act.

Code Section 331.438 is also amended to change a factor for distribution of allowed growth moneys. Under the law amended by this Act, the moneys are divided 50 percent based upon a county's proportion of the state's general population and 50 percent based upon the proportion of total previous expenditures and property tax relief payments. The Act changes the proportion of these factors to 75 percent and 25 percent, respectively, for FY 1999-2000. Division III further amends this distribution formula.

New Code Section 426B.5 creates three pools within the Property Tax Relief Fund: a per capita expenditure target pool, an incentive and efficiency pool, and a risk pool. Under existing law, any moneys appropriated to the Property Tax Relief Fund that are unexpended at the close of a fiscal year remain in the fund.

The statewide per capita expenditure target is established as the 75th percentile of all county per capita expenditures for MH/MR/DD services in FY 1997-1998. Counties with a per capita expenditure below this target amount that levy the maximum amount allowed for MH/MR/DD services are eligible to receive payments from the pool. The payment amount is determined based upon a county's proportion of the general population of the counties eligible to receive the payment. Payments are to be issued in January.

The incentive and efficiency pool is created for payments to counties achieving desired results and efficiently providing services. The State-County Management Committee is to propose desired results and objective performance measures for the results. These are to be adopted in rule by the Mental Health and Mental Retardation Commission. The results and measures are to be implemented in a manner that compares a county's progress to the county's own prior history for purposes of making pool payments. The maximum amount is based upon a county's proportion of the state's general population. The maximum amount is adjusted based upon a county's performance score. Payments are to be issued in January. Unexpended moneys are carried forward to the next fiscal year.

A risk pool and nine-member Risk Pool Board are created. The board consists of county supervisors, auditors and central point of coordination administrators selected by the Governor and confirmed by the Senate. An additional member is to be selected by the Director of Human Services. Applications for risk pool assistance must be submitted by April 1. Eligibility is based upon calculations of the funding available in the county's services fund. A county receiving assistance in a fiscal year in which the county did not levy the maximum allowed must repay the risk pool in the succeeding fiscal year. The repayment amount is limited to the amount by which the actual amount levied was less than the maximum amount allowed. Application provisions and other requirements for the pool are to be determined by the board. The board may accept or reject an application for assistance in whole or in part. In addition, a county may apply to the board for preapproval for assistance. If the amount of assistance for which there is eligibility exceeds the amount available for distribution, the assistance payments are to be prorated.

Division II requirements for development of the initial incentive and efficiency pool provisions take effect April 27, 1998, and are to be developed by July 1, 1998, so that counties can collect initial information during FY 1998-1999. Emergency rulemaking authority is granted to the MH/DD Commission for this purpose. Otherwise, for purposes of budget preparation and levy certification, this Division applies to FY 1999-2000.

Division III amends the allowed growth payment distribution formula applicable to FY 2000-2001 and subsequent fiscal years. Beginning with FY 2000-2001, the entire distribution is to be made based upon a county's proportion of the general population. This Division takes effect July 1, 2000, and applies to county budgets prepared and levies certified for the fiscal year beginning July 1, 2000.

RELATED LEGISLATION

SENATE FILE 2052 -- Private Activity Bonds for Agricultural and Other Purposes -- Agricultural Development Authority (Complete summary under APPROPRIATIONS.)

This Act decreases the allocation of the state ceiling from 5 percent to 3 percent of amounts reserved to support the issuance of private activity bonds by political subdivisions authorized to issue such bonds, and limits the time such allocation is reserved. The Act also provides that 18 percent of the state ceiling must be allocated to bonds issued by political subdivisions to support qualified industries.

SENATE FILE 2109 -- Mobile Home Dealers (Complete summary under BUSINESS, BANKING & INSURANCE.)

This Act amends Code Chapter 322B relating to the licensing of mobile home dealers to provide that licensing provisions also apply to dealers of manufactured homes.

SENATE FILE 2153 -- Information Required in Affidavits of Candidacy for Public Office (Complete summary under ELECTIONS, ETHICS & CAMPAIGN FINANCE.)

This Act changes the language of affidavits of candidacy for elective office to refer to restoration of rights after conviction of a felony rather than to a pardon.

SENATE FILE 2268 -- Rural Water Districts -- Agreements With Sanitary Districts, Project Financing, and Detachment and Attachment and Attachment of Areas (Complete summary under ENERGY & PUBLIC UTILITIES.)

This Act provides that a rural water district may expand its service area by providing for the ownership, maintenance and finance of infrastructure associated with sanitary sewer districts. The Act also provides a procedure for rural water districts to detach an area from one district and attach it to another district.

SENATE FILE 2277 -- Municipal Tort Liability Exceptions for Skateboarding and In-Line Skating (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act provides certain exceptions to the tort liability of a governmental subdivision in relation to skateboarding and in-line skating.

SENATE FILE 2331 -- Transportation of Prisoners and Sharing Habilitative Services and Treatment Resources for Offenders (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act makes changes relating to various agreements to provide transportation and habilitative and treatment services to inmates of correctional institutions and prisoners in county jails.

SENATE FILE 2365 -- Sales and Use Taxes and Exemptions Associated With Providing Water (Complete summary under TAXATION.)

This Act provides that a rural water district organized under Code Chapter 504A shall receive a refund of sales or use taxes upon submitting an application to the Department of Revenue and Finance for such refund of taxes imposed upon the gross receipts of all sales of building materials, supplies or equipment used to construct a rural water district. The Act also exempts from the sales and use tax the gross receipts from the sale of electricity to water companies assessed for property tax which is used solely for the purpose of pumping water from a river or well.

SENATE FILE 2374 -- Bail Enforcement Businesses, Private Investigative Agencies and Security Agents (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act regulates bail enforcement businesses and acts by bail enforcement agents, and apprehension of the principal on a bail bond. Among other requirements, the Act requires licensure of bail enforcement businesses within the State of Iowa, and requires such businesses that are based outside of the state to notify local law enforcement prior to apprehending a principal on a bail bond. Persons apprehending a defendant under a bail bond may not act beyond the authority granted to a peace officer under similar circumstances. Persons who act without a valid license, or who undertake certain actions deemed to be "fraudulent practices" under the Act, are subject to criminal penalties. Persons who exceed the applicable standard of care in apprehending a defendant may be civilly liable to persons other than the defendant for injuries caused to such other persons.

SENATE FILE 2410 -- Human Services Appropriations and Related Provisions (Complete summary under APPROPRIATIONS.)

This Act makes appropriations to the Department of Human Services and includes provisions for grant funding to community empowerment areas and many programs and appropriations affecting human services programs administered by counties.

SENATE FILE 2416 -- Utilities -- Property Tax Replacement and Statewide Property Tax (Complete summary under TAXATION.)

This Act generally replaces the current central property tax assessment procedures utilized by the Director of Revenue and Finance in valuing property of entities involved primarily in the production, delivery and transmission of electricity and natural gas within this state, with excise taxes on electricity and natural gas, and a statewide property tax on certain property of such entities. The Act generally takes effect January 1, 1999, and is applicable to property tax assessment years beginning on or after January 1, 1999, and to replacement tax years beginning on or after January 1, 1999. Effective May 14, 1998, the Act creates a task force to study the effects of the replacement tax.

HOUSE FILE 2164 -- Local Community and Economic Development -- Community Builder Program and Enterprise Zones (Complete summary under ECONOMIC DEVELOPMENT.)

This Act requires the Department of Economic Development to encourage cities, counties, local and regional government organizations, and local and regional economic development organizations to develop and implement comprehensive community and economic development plans. The Act also requires the department to award supplementary credit to financial assistance applications submitted by cities, counties, local and regional government organizations, and local and regional economic development organizations that have developed comprehensive community and economic development plans.

HOUSE FILE 2218 -- Federal Block Grant Appropriations (Complete summary under APPROPRIATIONS.)

This Act appropriates federal block grant and other nonstate moneys to various state agencies for the federal fiscal year beginning October 1, 1998, and ending September 30, 1999, and for the state fiscal year beginning July 1, 1998, and ending June 30, 1999. The Act includes an appropriation of approximately $380,000 for local law enforcement programs.

HOUSE FILE 2262 -- Out-of-State Peace Officers (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act provides a procedure for agreements under Code Chapter 28E between the state or a political subdivision of the state and another state, or a political subdivision of the other state, under which out-of-state peace officers may engage in law enforcement activities in Iowa.

HOUSE FILE 2348 -- Department of Human Services Institutions and Services -- Miscellaneous Provisions (Complete summary under HUMAN SERVICES.)

This Act relates to institutions and facilities administered by the Department of Human Services. The Act directs the Iowa Department of Public Health to work with various state agencies and county representatives in reviewing methamphetamine use in the state and the existing and potential options and costs for intervention and treatment.

HOUSE FILE 2424 -- County Issuance of Motor Vehicle Licenses (Complete summary under TRANSPORTATION.)

This Act expands the system of county issuance of motor vehicle licenses to include up to 42 additional counties. As clusters of counties are authorized to issue licenses, state Department of Transportation (DOT) license issuance teams will be correspondingly reduced. Each county authorized to issue licenses must execute an agreement pursuant to Code Chapter 28E with other counties in its cluster, as well as one with DOT. Provisions are made for opt-out periods, and replacement of counties choosing to opt out of issuance, or for reversion to DOT services in the alternative. Issuance of commercial driver's licenses (CDLs) are separately addressed, and counties must comply with all federal and state CDL standards to retain the right to issue CDLs. The department shall retain supervisory authority. The Act addresses initial and ongoing training. Counties shall retain $3.75 of the license fee for each license issued. The department shall purchase all equipment used primarily for issuance activities, including any purchase or lease of digitized photolicensing equipment.

HOUSE FILE 2495 -- Elections (Complete summary under ELECTIONS, ETHICS & CAMPAIGN FINANCE.)

This Act makes a number of changes relating to the election laws of Iowa relating to local special elections, candidate nominations for city elections, annexation elections, the method selection of trustees for benefited fire districts and emergency medical services districts, and city franchise procedures.

HOUSE FILE 2496 -- Public Retirement Systems and Related Provisions (Complete summary under STATE GOVERNMENT.)

This Act makes numerous changes pertaining to public retirement systems, including the Public Safety Peace Officers' Retirement, Accident, and Disability System (PORS, Code Chapter 97A), the Iowa Public Employees' Retirement System (IPERS, Code Chapter 97B), the Statewide Fire and Police Retirement System (Code Chapter 411), and the Judicial Retirement System.

HOUSE FILE 2502 -- Underground Facilities -- Statewide Notification Center -- Notice of Excavation (Complete summary under STATE GOVERNMENT.)

This Act provides that the Board of Directors of the Statewide Underground Facility Notification Center, in lieu of establishing a competitive bidding procedure to select a vendor to provide the notification service, may elect to retain necessary and sufficient staff to provide the notification service.

HOUSE FILE 2513 -- Taxation -- Miscellaneous Provisions (Complete summary under TAXATION.)

Division VI of this Act changes the law that grants a mobile home tax credit, additional homestead credit, and reimbursement for rent constituting property taxes paid for certain low-income persons based upon household incomes. Under prior law, the maximum credit and reimbursement was granted to those with household incomes of $6,000 or less, with no credit or reimbursement granted to those with household incomes of $14,000 or more. This Division increases these figures to $8,500 or less and $16,500 or more, respectively. This Division also adjusts these figures for inflation on an annual basis. This Division applies to claims for credits or reimbursements filed on or after January 1, 1999.

HOUSE FILE 2558 -- Mental Health, Developmental Disability, and Substance Abuse Service, Commitment, and Payment (Complete summary under HUMAN SERVICES.)

This Act affects various provisions involving mental health, developmental disability and substance abuse treatment. The Act includes provisions for the state to assume payment responsibility for minors committed to a state mental health institute beginning July 1, 1999, revisions to county management plan requirements, and other items affecting counties.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: THU July 30 1998
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