Senate File 134 - Introduced





                                       SENATE FILE       
                                       BY  HATCH


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

                                      A BILL FOR

  1 An Act relating to county mental health, mental retardation, and
  2    developmental disabilities services funds and levies,
  3    authorizing a supplemental levy for such funds under certain
  4    circumstances, and providing an effective date.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 2171XS 83
  7 jp/sc/14

PAG LIN



  1  1    Section 1.  NEW SECTION.  225C.6C  ADULT MENTAL HEALTH AND
  1  2 DISABILITY SERVICES SYSTEM REFORM.
  1  3    1.  It is the intent of the general assembly to reform the
  1  4 adult services system for mental health, mental retardation,
  1  5 and developmental disabilities services administered by
  1  6 counties in order to achieve all of the following goals:
  1  7    a.  Improve the overall system.
  1  8    b.  Increase equity.
  1  9    c.  Reduce complexity.
  1 10    d.  Eliminate the legal settlement system as a method of
  1 11 determining financial responsibility.
  1 12    e.  Encourage efficiency.
  1 13    f.  Establish a base level of services while encouraging
  1 14 local efforts to creatively meet consumer needs.
  1 15    g.  Eliminate waiting lists.
  1 16    h.  Improve capacity for meeting individual consumer needs.
  1 17    i.  Enhance accountability.
  1 18    2.  The commission shall do all of the following in
  1 19 implementing the services system reform:
  1 20    a.  Identify a base level of adult mental health and
  1 21 disability services that shall be available in each county of
  1 22 the state on or before July 1, 2010.  The initial list of base
  1 23 level services shall be developed by the commission and
  1 24 reported to the governor and general assembly on or before
  1 25 December 15, 2009.
  1 26    b.  Implement a process for a county or a group of
  1 27 contiguous counties to form a regional service network.  The
  1 28 minimum general population for a regional service network is
  1 29 one hundred thousand persons.  The most recent population
  1 30 estimates issued by the United States bureau of the census
  1 31 shall be applied in determining population for the purposes of
  1 32 this paragraph.  Notwithstanding chapter 426B or any other
  1 33 provision of law to the contrary, in order to receive state
  1 34 funding for disability services and property tax relief for
  1 35 the fiscal year beginning July 1, 2010, each county shall have
  2  1 entered into an agreement to be part of a regional service
  2  2 network on or before December 15, 2009.
  2  3    c.  Adapt the concepts used in the school foundation aid
  2  4 formula to formulate proposals for a new system of shared
  2  5 state and county financing of the adult mental health, mental
  2  6 retardation, and developmental disabilities services system.
  2  7    d.  Calculate a statewide cost for all counties to provide
  2  8 the base level of services identified in paragraph "a"
  2  9 beginning July 1, 2011.  Utilize the calculated statewide cost
  2 10 and an analysis of the property tax rates for county services
  2 11 funds under section 331.424A, plus the state moneys
  2 12 distributed for property tax relief and allowed growth under
  2 13 chapter 426B, and any other provision to do the following:
  2 14    (1)  Propose a base level services fund levy rate for all
  2 15 counties to replace the dollar limitation in effect under
  2 16 section 331.424A, Code 2009.
  2 17    (2)  Propose the percentage of statewide cost of base level
  2 18 services that will be funded by the state.
  2 19    (3)  Propose authorizing an additional levy for counties to
  2 20 cover the costs of base level services and other mental health
  2 21 and disabilities services beyond the amount generated under
  2 22 subparagraphs (1) and (2).
  2 23    (4)  In developing the proposals under this lettered
  2 24 paragraph, the commission may utilize formulas involving
  2 25 calculations of average and per capita general population
  2 26 expenditure rates.
  2 27    Sec. 2.  Section 331.424, Code 2009, is amended by adding
  2 28 the following new subsection:
  2 29    NEW SUBSECTION.  3.  For county mental health, mental
  2 30 retardation, and developmental disabilities services, an
  2 31 amount authorized in accordance with this subsection.  The
  2 32 revenue from a supplemental levy authorized under this
  2 33 subsection shall be credited to the county's services fund
  2 34 under section 331.424A.
  2 35    a.  For the fiscal years beginning July 1, 2009, and July
  3  1 1, 2010, the maximum amount of a county's supplemental levy
  3  2 under this subsection shall be the sum of the following:
  3  3    (1)  The gross amount approved for the county as eligible
  3  4 for risk pool assistance for the previous fiscal year by the
  3  5 risk pool board under section 426B.5.  This amount, as
  3  6 adjusted for inflation, may also be included in subsequent
  3  7 fiscal years.
  3  8    (2)  Any negative balance amount for the county's services
  3  9 fund under section 331.424A in the most recently completed
  3 10 fiscal year at the time the supplemental levy is certified.
  3 11    (3)  The amount needed to eliminate a waiting list for
  3 12 services in effect at the time the supplemental levy is
  3 13 certified.
  3 14    (4)  The amount needed to avoid implementation of a waiting
  3 15 list for services.
  3 16    (5)  The amount needed to implement a base level service
  3 17 identified by the mental health, mental retardation,
  3 18 developmental disabilities, and brain injury commission under
  3 19 section 225C.6C.
  3 20    b.  For the fiscal year beginning July 1, 2011, and
  3 21 succeeding fiscal years, the amount needed to cover all base
  3 22 level services and other services approved for the service
  3 23 population that are not covered by state, federal, and private
  3 24 funding or by the services fund levy authorized under section
  3 25 331.424A.
  3 26    c.  For the fiscal years beginning July 1, 2009, and July
  3 27 1, 2010, the levy rate resulting from the combination of the
  3 28 county's supplemental levy under paragraph "a" and the
  3 29 county's services fund levy authorized under section 331.424A
  3 30 shall not exceed the actual levy rate of the county's services
  3 31 fund for the fiscal year beginning July 1, 1997.
  3 32    d.  The amounts proposed by a county to be used as the
  3 33 basis for a levy certification under this section are subject
  3 34 to review and approval by the risk pool board.  The risk pool
  3 35 board's decision is final.
  4  1    Sec. 3.  EFFECTIVE DATE == INITIAL SUPPLEMENTAL LEVY.
  4  2    1.  This Act, being deemed of immediate importance, takes
  4  3 effect upon enactment.
  4  4    2.  If the effective date of this Act is after March 15,
  4  5 2009, a county board of supervisors may amend the county's
  4  6 budget to incorporate a supplemental levy authorized under
  4  7 section 331.424, subsection 3, as enacted by this Act, by
  4  8 following all of the following procedures:
  4  9    a.  The amended budget shall be certified on or before May
  4 10 31, 2009.
  4 11    b.  Not less than twenty days before May 31, 2009, and not
  4 12 less than ten days before the date set for the hearing under
  4 13 paragraph "c", the board shall file the amended budget with
  4 14 the auditor.  The auditor shall make available a sufficient
  4 15 number of copies of the amended budget to meet the requests of
  4 16 taxpayers and organizations and have them available for
  4 17 distribution at the courthouse or other places designated by
  4 18 the board.
  4 19    c.  The board shall set a time and place for a public
  4 20 hearing on the amended budget before the final certification
  4 21 date and shall publish notice of the hearing not less than ten
  4 22 nor more than twenty days prior to the hearing in the county
  4 23 newspapers selected under chapter 349.  A summary of the
  4 24 proposed budget amendment, in the form prescribed by the
  4 25 director of the department of management, shall be included in
  4 26 the notice.  Proof of publication shall be filed with and
  4 27 preserved by the auditor.  A levy is not valid unless and
  4 28 until the notice is published and filed.
  4 29    d.  At the hearing, a resident or taxpayer of the county
  4 30 may present to the board objections to or arguments in favor
  4 31 of any part of the amendment to the budget.
  4 32    3.  After the hearing, the board shall adopt by resolution
  4 33 the amended budget and certificate of taxes for the next
  4 34 fiscal year and shall direct the auditor to properly certify
  4 35 and file the budget and certificate of taxes as adopted.  The
  5  1 board shall not adopt a tax in excess of the tax necessary to
  5  2 incorporate the supplemental levy amount into the budget, and
  5  3 a greater tax than that adopted shall not be levied or
  5  4 collected.  An amended budget and certificate of taxes adopted
  5  5 for the following fiscal year in accordance with this section
  5  6 becomes effective on the first day of that year.
  5  7 Notwithstanding sections 331.435 and 331.436, a budget
  5  8 amendment adopted in accordance with this section is not
  5  9 subject to protest to the state appeal board.
  5 10                           EXPLANATION
  5 11    This bill relates to county mental health, mental
  5 12 retardation, and developmental disabilities (MH/MR/DD)
  5 13 services funds and levies and authorizes a supplemental levy
  5 14 under certain circumstances.
  5 15    New Code section 225C.6C directs the mental health, mental
  5 16 retardation, developmental disabilities, and brain injury
  5 17 commission to perform various tasks for reforming the system
  5 18 for providing these services to adults.  The tasks include
  5 19 identifying and projecting the costs for each county to
  5 20 provide a base level of services and for requiring each county
  5 21 to enter into a service agreement for the county or a group of
  5 22 contiguous counties to form service areas comprising a minimum
  5 23 general population of 100,000.  The tasks for the financing
  5 24 portion of the system reform involve adapting concepts
  5 25 utilized in the school foundation aid formula.  Proposals are
  5 26 required to be completed for implementation by counties
  5 27 beginning July 1, 2011.
  5 28    Code section 331.424, relating to the supplemental property
  5 29 tax levy for counties, is amended to authorize a county to
  5 30 implement a supplemental levy for the county's MH/MR/DD
  5 31 services fund.  The levy authority is subject to various
  5 32 restrictions, and the combined levy rate for the new
  5 33 supplemental levy plus the services fund levy for FY 2009=2010
  5 34 or 2010=2011 cannot exceed the county's actual services fund
  5 35 levy rate for FY 1997=1998.  The amounts proposed as a basis
  6  1 for the supplemental levy are subject to review and approval
  6  2 by the risk pool board.
  6  3    The bill takes effect upon enactment and includes a
  6  4 procedure for a county to amend the budget for FY 2009=2010 to
  6  5 implement the new supplemental levy authority for FY 2009=2010
  6  6 in the event the bill is enacted after March 15, 2009.
  6  7 LSB 2171XS 83
  6  8 jp/sc/14.1