Senate File 72 - Introduced



                                       SENATE FILE       
                                       BY  KETTERING


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for county eligibility for state payment of
  2    certain mental health, mental retardation, and developmental
  3    disabilities services allowed growth funding and providing
  4    effective and retroactive applicability dates.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1598SS 82
  7 jp/gg/14

PAG LIN



  1  1    Section 1.  STATE PAYMENT TO ELIGIBLE COUNTIES.
  1  2    1.  For the purposes of this section, "services fund" means
  1  3 a county's mental health, mental retardation, and
  1  4 developmental disabilities services fund created under section
  1  5 331.424A.
  1  6    2.  If a county failed to levy the maximum dollar amount
  1  7 allowed for the county's services fund for the fiscal year
  1  8 beginning July 1, 2006, the county shall qualify for the per
  1  9 capita expenditure target pool allowed growth payment under
  1 10 section 426B.5, subsection 1, made in that fiscal year
  1 11 provided all of the following conditions are met:
  1 12    a.  The county has an unobligated and unexpended balance in
  1 13 the general fund of the county under section 331.427 in an
  1 14 amount equal to the difference between the actual dollar
  1 15 amount the county levied for the county's services fund for
  1 16 the fiscal year and the maximum dollar amount allowed to be
  1 17 levied for the county's services fund for the fiscal year.
  1 18    b.  The county makes a one=time permanent transfer from the
  1 19 general fund of the county to the county's services fund in
  1 20 the amount identified under paragraph "a".  The county is
  1 21 authorized to make the transfer described in this paragraph
  1 22 notwithstanding section 331.424A or any other provision of law
  1 23 to the contrary.
  1 24    c.  The county auditor certifies to the department of human
  1 25 services that the one=time permanent transfer from the general
  1 26 fund of the county has been made in the specified amount to
  1 27 the county's services fund and that the conditions of this
  1 28 subsection have been met.
  1 29    3.  Upon receiving the certification required under
  1 30 subsection 2, the county shall be deemed to have met the
  1 31 requirement under section 426B.5, subsection 1, paragraph "c",
  1 32 subparagraph (1), to be levying the maximum amount allowed for
  1 33 the county's services fund for the fiscal year beginning July
  1 34 1, 2006, and the department of human services shall authorize
  1 35 adjustment of the allowed growth payment to the county
  2  1 accordingly, subject to any other adjustments required under
  2  2 2005 Iowa Acts, chapter 179, section 1, as amended by 2006
  2  3 Iowa Acts, chapter 1184, section 73.
  2  4    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  2  5 immediate importance, takes effect upon enactment and applies
  2  6 retroactively to July 1, 2006.
  2  7                           EXPLANATION
  2  8    This bill provides for county eligibility for state payment
  2  9 of certain mental health, mental retardation, and
  2 10 developmental disabilities services (MH/MR/DD) allowed growth
  2 11 funding.  The eligibility provisions for a county to qualify
  2 12 for allowed growth payment from the per capita expenditure
  2 13 pool for a fiscal year requires a county to be levying for
  2 14 that year the maximum amount allowed for the county's MH/MR/DD
  2 15 services fund.  The bill provides a set of conditions that can
  2 16 be applied by a county that failed to meet the maximum levy
  2 17 requirement for fiscal year 2006=2007 in order to be deemed to
  2 18 have met the requirement for that fiscal year.
  2 19    The conditions require the county to have in the county
  2 20 general fund an unexpended and unobligated amount equal to the
  2 21 difference between the dollar amount of the services fund
  2 22 maximum levy and the services fund actual levy for the fiscal
  2 23 year.  The county must permanently transfer that amount from
  2 24 the county's general fund to the county's services fund.
  2 25 Finally, the county auditor must certify to the department of
  2 26 human services that the transfer was made.
  2 27    Upon receiving the required certification, the county is
  2 28 deemed to have met the maximum levy requirement for funding
  2 29 from the per capita expenditure pool and the department is
  2 30 required to adjust the county's allowed growth payment
  2 31 accordingly.  Any other adjustments to the county's allowed
  2 32 growth payment required under session law enacted in 2005 and
  2 33 2006 remain applicable.  These requirements provide for
  2 34 withholding certain portions of a county's MH/MR/DD allowed
  2 35 growth payments depending upon the relative size of the
  3  1 county's services fund ending balance at the close of the
  3  2 preceding fiscal year.
  3  3    The bill takes effect upon enactment and is retroactively
  3  4 applicable to July 1, 2006.
  3  5 LSB 1598SS 82
  3  6 jp:rj/gg/14