House Study Bill 223 SENATE/HOUSE FILE BY (PROPOSED GOVERNOR'S BILL) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to mental health, mental retardation, 2 developmental disabilities, and brain injury services and the 3 services fund administered by counties by revising levy 4 provisions applicable to that fund and providing for county 5 administration of services on behalf of the state, and 6 including an effective and applicability date. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 1611XL 81 9 jp/sh/8 PAG LIN 1 1 Section 1. Section 331.424A, subsection 4, Code 2005, is 1 2 amended to read as follows: 1 3 4. a. For the fiscal year beginning July 1,19962006, 1 4 and for each subsequent fiscal year, the county shall certify 1 5 a levy for payment of services. For each fiscal year, county 1 6 revenues from taxes imposed by the county credited to the 1 7 services fund shallnot exceed an amount equal to the amount 1 8 of base year expenditures for services as defined in section 1 9 331.438, less the amount of property tax relief to be received 1 10 pursuant to section 426B.2, in the fiscal year for which the 1 11 budget is certifiedbe determined by applying the county's 1 12 authorized levy rate to the assessed value of taxable property 1 13 for that county.The county auditor and the board of 1 14 supervisors shall reduce the amount of the levy certified for 1 15 the services fund by the amount of property tax relief to be 1 16 received.For each fiscal year, the state commission shall 1 17 adopt rules identifying, for county services funds, a 1 18 statewide minimum levy rate per thousand dollars of assessed 1 19 value of taxable property. In identifying the minimum levy 1 20 rate, the commission shall consider the levy rates in effect 1 21 for all counties. The statewide maximum levy rate shall be 1 22 equal to double the statewide minimum levy rate for the fiscal 1 23 year. A county's authorized levy rate for a fiscal year shall 1 24 be an amount certified by the board of supervisors that is not 1 25 less than the statewide minimum levy rate or more than the 1 26 statewide maximum levy rate applicable to that fiscal year. A 1 27 levy certified under this section is not subject to the appeal 1 28 provisions of section 331.426 or to any other provision in law 1 29 authorizing a county to exceed, increase, or appeal a property 1 30 tax levy limit. 1 31 b. Notwithstanding paragraph "a", for fiscal years 1 32 beginning July 1, 2006, July 1, 2007, and July 1, 2008, if a 1 33 county's certified services fund levy rate per thousand 1 34 dollars of assessed value of taxable property as of March 15, 1 35 2004, is less than the statewide minimum levy rate, the county 2 1 board of supervisors may annually certify an incremental 2 2 increase in the county's services fund levy rate as necessary 2 3 to fully implement at least the statewide minimum levy rate 2 4 effective for the fiscal year beginning July 1, 2009, and 2 5 subsequent fiscal years. 2 6 Sec. 2. NEW SECTION. 331.440B STATE CASES. 2 7 1. For the purposes of this section, unless the context 2 8 otherwise requires: 2 9 a. "County resident" means an individual who is described 2 10 by all of the following: 2 11 (1) The person is at least age eighteen. 2 12 (2) The person is a citizen of the United States or a 2 13 qualified alien as defined in 8 U.S.C. } 1641. 2 14 (3) The person has established an ongoing presence in a 2 15 county in this state, and not in any other county or state, 2 16 with the declared, good faith intention of living in that 2 17 county for a permanent or indefinite period of time. An 2 18 individual who meets the definition of homeless person in 2 19 section 48A.2 also shall be deemed to be described by this 2 20 subparagraph. 2 21 b. "State case" means an individual who has no county of 2 22 legal settlement or the individual's legal settlement is 2 23 unknown, who is eligible for mental illness, mental 2 24 retardation, or developmental disability services or other 2 25 support that are not covered by the medical assistance program 2 26 and are provided outside of a state institution, and the 2 27 services or other support have traditionally been managed and 2 28 paid for by the state. 2 29 2. Beginning during the fiscal year that commences July 1, 2 30 2005, the department of human services and counties shall 2 31 implement a process for counties to manage the services and 2 32 other support provided to county residents with chronic mental 2 33 illness, mental illness, mental retardation, developmental 2 34 disabilities, or brain injury who are eligible as a state 2 35 case. A county shall manage the state case services and other 3 1 support provided in accordance with the county's management 3 2 plan for mental health, mental retardation, and developmental 3 3 disabilities services implemented under section 331.439 and 3 4 the state payment for the services and other support managed 3 5 by the county shall utilize the county's reimbursement rates. 3 6 3. This section is repealed July 1, 2007. 3 7 Sec. 3. EFFECTIVE AND APPLICABILITY DATE. The section of 3 8 this Act amending section 331.424A takes effect January 1, 3 9 2006, and is applicable to taxes payable in the fiscal year 3 10 beginning July 1, 2006, and subsequent fiscal years. 3 11 EXPLANATION 3 12 This bill relates to mental health, mental retardation, 3 13 developmental disabilities, and brain injury (MH/MR/DD/BI) 3 14 services and the services fund administered by counties by 3 15 revising levy provisions applicable to that fund and providing 3 16 for county administration of services on behalf of the state. 3 17 Code section 331.424A, relating to the county MH/MR/DD 3 18 services fund, is amended by revising the property tax levy 3 19 authority requirements for that fund. Current law limits the 3 20 dollar amount that may be raised for a county's services fund 3 21 from property taxes to a base year expenditures amount 3 22 identified by the county, as reduced by property tax relief 3 23 funding provided to the county by the state. Effective 3 24 commencing with the fiscal year beginning July 1, 2006, the 3 25 absolute dollar limit on services fund levies would be 3 26 replaced with a limitation on the levy rate per $1,000 of 3 27 property value, within minimum and maximum levy rates 3 28 established by the state MH/MR/DD/BI commission. If a 3 29 county's levy rate for the services fund in effect as of March 3 30 15, 2004, is less than the minimum levy rate established by 3 31 the state commission, the county may incrementally increase 3 32 the levy over the next three years in order to fully implement 3 33 at least the minimum levy rate by the fiscal year beginning 3 34 July 1, 2009. This section takes effect January 1, 2006, and 3 35 is applicable to taxes payable in the fiscal year beginning 4 1 July 1, 2006, and subsequent fiscal years. 4 2 New Code section 331.440B provides for counties to assume 4 3 responsibility for managing state case MH/MR/DD/BI services or 4 4 other support provided to adult persons who are county 4 5 residents and eligible as a state case. The bill provides 4 6 definitions of "county resident" and "state case". Counties 4 7 would begin assuming this responsibility during the fiscal 4 8 year beginning July 1, 2005. The new Code section is repealed 4 9 July 1, 2007. 4 10 LSB 1611XL 81 4 11 jp:nh/sh/8.1