House File 2106 - Introduced
HOUSE FILE
BY CARROLL
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the allowed growth factor adjustment funding
2 for county mental health, mental retardation, and
3 developmental disabilities services funds and including
4 effective date and retroactive applicability provisions.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 6152HH 81
7 jp/je/5
PAG LIN
1 1 Section 1. Section 331.438, subsection 2, Code Supplement
1 2 2005, is amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. d. Unless otherwise provided by law, in
1 4 order to be included in any distribution formula for the
1 5 allowed growth factor adjustment and to receive an allowed
1 6 growth factor adjustment payment, a county must levy seventy
1 7 percent or more of the maximum amount allowed for the county's
1 8 services fund for taxes due and payable in the fiscal year for
1 9 which the allowed growth factor adjustment is payable.
1 10 Sec. 2. WARRANT MAILING DATE. Notwithstanding section
1 11 331.438, subsection 2, paragraph "c", if this Act is enacted
1 12 on or after January 23, 2006, the warrants for the allowed
1 13 growth adjustment payments to counties for the fiscal year
1 14 beginning July 1, 2005, shall not be mailed by January 31,
1 15 2006, but instead shall be mailed no later than ten calendar
1 16 days following the date of enactment of this Act.
1 17 Sec. 3. 2004 Iowa Acts, chapter 1175, section 173,
1 18 subsection 4, paragraph c, as enacted by 2005 Iowa Acts,
1 19 chapter 175, section 52, is amended to read as follows:
1 20 c. For an ending balance percentage of 10 or more but less
1 21 than 25 percent, a withholding factor of 25 28.043 percent.
1 22 However, for a county with an ending balance percentage of 10
1 23 or more but less than 15 percent that meets the eligibility
1 24 requirements for a distribution from the per capita
1 25 expenditure target pool under section 426B.5 for the fiscal
1 26 year beginning July 1, 2005, the withholding factor shall be
1 27 14.643 percent.
1 28 Sec. 4. EFFECTIVE DATE == RETROACTIVE APPLICABILITY. This
1 29 Act, being deemed of immediate importance, takes effect upon
1 30 enactment and is retroactively applicable to July 1, 2005, and
1 31 is applicable on and after that date.
1 32 EXPLANATION
1 33 This bill revises the distribution provisions for the
1 34 allowed growth factor adjustment funding for county mental
1 35 health, mental retardation, and developmental disabilities
2 1 (MH/MR/DD) services funds under Code section 331.424A.
2 2 Code section 331.438, relating to the allowed growth factor
2 3 adjustment funding, planning, and payment of the funding, is
2 4 amended. The amendment provides that a county cannot be
2 5 included in any distribution formula for the allowed growth
2 6 factor adjustment or receive a payment unless the county
2 7 levies at least 70 percent of the maximum amount allowed for
2 8 the county's services fund in the year in which the allowed
2 9 growth adjustment is payable.
2 10 The bill includes contingent language in the event the
2 11 enactment date of the bill is on or after January 23, 2006.
2 12 In that event, instead of applying the requirement in Code
2 13 section 331.438 that the warrants for allowed growth
2 14 adjustment payment to counties must be mailed in January, the
2 15 bill requires the warrants to be mailed no later than 10
2 16 calendar days following the enactment date of the bill.
2 17 The bill amends the session law providing the distribution
2 18 formula for the FY 2005=2006 allowed growth factor adjustment.
2 19 Existing law provides that if a county has an ending balance
2 20 percentage in the county MH/MR/DD services fund at the close
2 21 of FY 2004=2005 that is more than 10 percent but less than 25
2 22 percent of the county's gross expenditures from the services
2 23 fund in that fiscal year, the amount of the allowed growth
2 24 factor adjustment payment to that county for FY 2005=2006 is
2 25 reduced by a withholding factor of 25 percent. The bill
2 26 changes that withholding factor to 28.043 percent. Existing
2 27 law provides the department of human services with authority
2 28 to adjust the withholding percentage in order for the overall
2 29 withholding amount to be achieved. The bill also provides
2 30 that if a county had an ending balance percentage of more than
2 31 10 but less than 15 percent and qualified for a distribution
2 32 from the per capita expenditure target pool for FY 2005-2006,
2 33 the withholding factor is 14.643 percent.
2 34 The bill takes effect upon enactment, is retroactively
2 35 applicable to July 1, 2005, and is applicable on and after
3 1 that date.
3 2 LSB 6152HH 81
3 3 jp:rj/je/5