Senate
Study
Bill
1187
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
FEENSTRA)
A
BILL
FOR
An
Act
concerning
county
funding
of
mental
health
and
1
disability
services
and
the
mental
health
and
disability
2
services
property
tax
levy,
and
including
effective
date
and
3
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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_____
Section
1.
Section
222.73,
subsection
2,
paragraph
b,
Code
1
2017,
is
amended
to
read
as
follows:
2
b.
The
per
diem
costs
billed
to
each
mental
health
and
3
disability
services
region
shall
not
exceed
the
per
diem
costs
4
billed
to
the
county
region
in
the
fiscal
year
beginning
July
5
1,
1996
2016
.
However,
the
per
diem
costs
billed
to
a
county
6
may
be
adjusted
for
a
fiscal
year
to
reflect
increased
costs
7
to
the
extent
of
the
percentage
increase
in
the
statewide
per
8
capita
expenditure
target
amount,
if
any
per
capita
growth
9
amount
is
authorized
by
the
general
assembly
for
that
fiscal
10
year
in
accordance
with
section
331.424A
.
11
Sec.
2.
Section
230.20,
subsection
2,
paragraph
b,
Code
12
2017,
is
amended
to
read
as
follows:
13
b.
The
per
diem
costs
billed
to
each
mental
health
and
14
disability
services
region
shall
not
exceed
the
per
diem
costs
15
billed
to
the
county
region
in
the
fiscal
year
beginning
July
16
1,
1996
2016
.
However,
the
per
diem
costs
billed
to
a
mental
17
health
and
disability
services
region
may
be
adjusted
annually
18
to
reflect
increased
costs,
to
the
extent
of
the
percentage
19
increase
in
the
statewide
per
capita
expenditure
target
amount,
20
if
any
per
capita
growth
amount
is
authorized
by
the
general
21
assembly
for
the
fiscal
year
in
accordance
with
section
426B.3
.
22
Sec.
3.
Section
331.424A,
subsection
1,
Code
2017,
is
23
amended
by
striking
the
subsection
and
inserting
in
lieu
24
thereof
the
following:
25
1.
For
the
purposes
of
part
6
of
division
III
of
this
26
chapter,
this
section,
and
chapter
426B,
unless
the
context
27
otherwise
requires:
28
a.
“Annual
inflation
factor”
means
the
percentage
29
established
as
follows
and
used
to
adjust
the
regional
per
30
capita
expenditure
target
amount
for
each
region:
31
(1)
For
the
fiscal
year
beginning
July
1,
2018,
one
hundred
32
one
percent.
33
(2)
For
the
fiscal
year
beginning
July
1,
2019,
one
hundred
34
one
percent.
35
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(3)
For
the
fiscal
year
beginning
July
1,
2020,
one
hundred
1
two
percent.
2
(4)
For
the
fiscal
year
beginning
July
1,
2021,
one
hundred
3
two
percent.
4
(5)
For
the
fiscal
year
beginning
July
1,
2022,
and
each
5
succeeding
fiscal
year,
one
hundred
percent.
6
b.
“Base
expenditure
amount”
is
an
amount
determined
for
7
each
county
that
is
the
lesser
of
the
following
amounts:
8
(1)
The
county’s
base
year
expenditures
for
mental
health
9
and
disabilities
services,
as
defined
in
section
331.424A,
10
subsection
1,
paragraph
“a”
,
Code
2017.
11
(2)
The
product
of
the
statewide
per
capita
expenditure
12
target
amount
multiplied
by
the
county’s
population
for
the
13
fiscal
year
beginning
July
1,
2017.
14
c.
“County
budgeted
amount”
means
the
amount
calculated
15
under
subsection
9
and
certified
for
levy
under
subsection
6.
16
d.
“County
services
fund”
means
a
county
mental
health
and
17
disabilities
services
fund
created
pursuant
to
this
section.
18
e.
“Population”
means
the
population
shown
by
the
latest
19
preceding
certified
federal
census
or
the
latest
applicable
20
population
estimate
issued
by
the
federal
government,
whichever
21
is
most
recent
and
available
as
of
July
1
of
the
fiscal
year
22
preceding
the
fiscal
year
to
which
the
funding
calculations
23
apply.
24
f.
“Region”
means
a
mental
health
and
disability
services
25
region
formed
in
accordance
with
section
331.389.
26
g.
“Regional
per
capita
expenditure
target
amount”
means
the
27
amount
determined
in
subsection
8
for
each
region.
28
h.
“Statewide
per
capita
expenditure
target
amount”
means
29
forty-seven
dollars
and
twenty-eight
cents.
30
Sec.
4.
Section
331.424A,
subsections
4,
6,
and
7,
Code
31
2017,
are
amended
to
read
as
follows:
32
4.
An
amount
shall
be
reserved
in
the
county
services
33
fund
to
address
cash
flow
obligations
in
the
next
fiscal
34
year.
The
cash
flow
amount
shall
not
exceed
twenty-five
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percent
of
the
gross
expenditures
budgeted
from
the
county
1
services
fund
for
the
fiscal
year
in
progress.
Amounts
in
2
excess
of
the
twenty-five
percent
limitation
shall
be
used
3
for
payment
of
services
and
shall
result
in
a
corresponding
4
reduction
of
the
county
budgeted
amount
under
subsection
9.
5
The
cash
flow
amount
for
a
county’s
services
fund
shall
be
6
specified
in
based
on
the
financial
provisions
of
the
regional
7
governance
agreement
entered
into
by
the
county
under
section
8
331.392
.
Amounts
transferred
from
a
county
hospital
fund
to
9
the
county
services
fund
pursuant
to
section
347.7,
subsection
10
1,
paragraph
“c”
,
shall
not
be
considered
part
of
the
cash
flow
11
amount
reserved
under
this
subsection.
12
6.
For
each
fiscal
year,
the
county
shall
certify
a
levy
13
for
payment
of
services.
For
each
fiscal
year,
county
revenues
14
from
taxes
imposed
by
the
county
credited
to
the
county
15
services
fund
shall
not
exceed
an
amount
equal
to
the
county
16
budgeted
amount
of
base
year
expenditures
for
mental
health
17
and
disability
services
for
the
fiscal
year
.
A
levy
certified
18
under
this
section
is
not
subject
to
the
appeal
provisions
of
19
section
331.426
or
to
any
other
provision
in
law
authorizing
20
a
county
to
exceed,
increase,
or
appeal
a
property
tax
levy
21
limit.
22
7.
Appropriations
specifically
authorized
to
be
made
from
23
the
mental
health
and
disabilities
county
services
fund
shall
24
not
be
made
from
any
other
fund
of
the
county.
25
Sec.
5.
Section
331.424A,
subsection
8,
Code
2017,
is
26
amended
by
striking
the
subsection
and
inserting
in
lieu
27
thereof
the
following:
28
8.
a.
For
the
fiscal
year
beginning
July
1,
2017,
the
29
regional
per
capita
expenditure
target
amount
is
the
sum
of
the
30
base
expenditure
amount
for
all
counties
in
the
region
divided
31
by
the
population
of
the
region.
32
b.
For
the
fiscal
year
beginning
July
1,
2018,
and
each
33
subsequent
fiscal
year,
the
regional
per
capita
expenditure
34
target
amount
shall
be
an
amount
equal
to
the
regional
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_____
per
capita
expenditure
target
amount
for
the
immediately
1
preceding
fiscal
year
multiplied
by
the
annual
inflation
factor
2
established
in
subsection
1
for
the
fiscal
year.
However,
3
application
of
the
annual
inflation
factor
in
any
fiscal
year
4
shall
not
result
in
a
regional
per
capita
expenditure
target
5
amount
that
exceeds
the
statewide
per
capita
expenditure
target
6
amount.
7
Sec.
6.
Section
331.424A,
Code
2017,
is
amended
by
adding
8
the
following
new
subsection:
9
NEW
SUBSECTION
.
9.
For
the
fiscal
year
beginning
July
1,
10
2017,
and
each
subsequent
fiscal
year,
the
county
budgeted
11
amount
determined
for
each
county
shall
be
the
amount
necessary
12
to
meet
the
county’s
financial
obligations
for
the
payment
13
of
services
provided
under
the
regional
service
system
14
management
plan
approved
pursuant
to
section
331.393,
not
to
15
exceed
an
amount
equal
to
the
product
of
the
regional
per
16
capita
expenditure
target
amount
multiplied
by
the
county’s
17
population,
and
reduced
by
the
amount
of
the
county’s
cash
flow
18
amount
in
the
county
services
fund
as
provided
in
subsection
19
4
that
exceeds
twenty-five
percent
of
the
gross
expenditures
20
budgeted
from
the
county
services
fund
for
the
fiscal
year
in
21
progress,
if
applicable.
22
Sec.
7.
Section
331.432,
subsection
3,
Code
2017,
is
amended
23
to
read
as
follows:
24
3.
Except
as
authorized
in
section
331.477
,
transfers
25
of
moneys
between
the
county
mental
health
and
disabilities
26
services
fund
created
pursuant
to
section
331.424A
and
any
27
other
fund
are
prohibited.
This
subsection
does
not
apply
28
to
transfers
made
pursuant
to
section
347.7,
subsection
1,
29
paragraph
“c”
.
30
Sec.
8.
Section
347.7,
subsection
1,
Code
2017,
is
amended
31
by
adding
the
following
new
paragraph:
32
NEW
PARAGRAPH
.
c.
For
the
fiscal
year
beginning
July
33
1,
2017,
and
subsequent
fiscal
years,
if
a
county
having
a
34
population
of
two
hundred
twenty-five
thousand
or
over
has
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S.F.
_____
a
county
budgeted
amount
under
section
331.424A,
subsection
1
9,
that
is
equal
to
the
product
of
the
regional
per
capita
2
expenditure
target
amount
multiplied
by
the
county’s
3
population,
as
those
terms
are
defined
in
section
331.424A,
the
4
board
of
supervisors
may
transfer
from
a
county
public
hospital
5
fund
to
the
county
services
fund
created
pursuant
to
section
6
331.424A,
an
amount
not
to
exceed
the
product
of
the
county’s
7
population
multiplied
by
the
remainder
of
the
statewide
per
8
capita
expenditure
target
amount
minus
the
regional
per
capita
9
expenditure
target
amount
for
the
county,
as
those
terms
are
10
defined
in
section
331.424A.
11
Sec.
9.
Section
426B.1,
subsection
2,
Code
2017,
is
amended
12
to
read
as
follows:
13
2.
Moneys
shall
be
distributed
from
the
property
tax
14
relief
fund
to
counties
for
the
mental
health
and
disability
15
regional
service
system
for
providing
county
base
property
tax
16
equivalent
equalization
payments
and
the
per
capita
growth
17
amount
established
pursuant
to
section
426B.3
mental
health
and
18
disabilities
services
,
in
accordance
with
the
appropriations
19
made
to
the
fund
and
other
statutory
requirements.
20
Sec.
10.
Section
426B.2,
Code
2017,
is
amended
to
read
as
21
follows:
22
426B.2
Property
tax
relief
fund
payments.
23
1.
The
director
of
human
services
shall
draw
warrants
on
the
24
property
tax
relief
fund,
payable
to
the
county
treasurer
in
25
the
amount
due
to
a
county
in
accordance
with
section
426B.3
26
statutory
requirements
,
and
mail
the
warrants
to
the
county
27
auditors
in
July
and
January
of
each
year.
28
2.
As
used
in
this
chapter
and
in
section
331.424A
,
for
29
purposes
of
population-based
funding
calculations,
“population”
30
means
the
population
shown
by
the
latest
preceding
certified
31
federal
census
or
the
latest
applicable
population
estimate
32
issued
by
the
federal
government,
whichever
is
most
recent
and
33
available
as
of
July
1
of
the
fiscal
year
preceding
the
fiscal
34
year
to
which
the
funding
calculations
apply.
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S.F.
_____
Sec.
11.
REPEAL.
Section
426B.3,
Code
2017,
is
repealed.
1
Sec.
12.
COUNTY
BUDGET
RECERTIFICATION.
If
this
Act
takes
2
effect
on
or
after
March
15,
2017,
notwithstanding
section
3
24.17,
for
the
fiscal
year
beginning
July
1,
2017,
a
county
may
4
recertify
the
county’s
budget
as
necessary
to
implement
the
5
provisions
of
this
Act.
A
budget
recertified
pursuant
to
this
6
section
must
be
recertified
in
duplicate
to
the
county
auditor
7
not
later
than
thirty
days
after
the
effective
date
of
this
8
Act,
and
protests
to
the
budget
shall
be
filed
not
later
than
9
ten
days
after
the
county’s
budget
is
recertified.
10
Sec.
13.
MENTAL
HEALTH
AND
DISABILITY
SERVICES
FUNDING
——
11
FISCAL
VIABILITY
REVIEW
DURING
2020
LEGISLATIVE
INTERIM.
The
12
legislative
council
is
requested
to
authorize
a
study
13
committee
to
analyze
the
viability
of
the
mental
health
and
14
disability
services
funding
provisions
in
this
Act,
including
15
the
methodology
used
to
calculate
and
determine
the
base
16
expenditure
amount,
the
county
budgeted
amount,
the
regional
17
per
capita
expenditure
target
amount,
the
statewide
per
18
capita
expenditure
target
amount,
and
the
annual
inflation
19
factor.
The
study
committee
shall
consist
of
five
members
of
20
the
senate,
three
of
whom
shall
be
appointed
by
the
majority
21
leader
of
the
senate
and
two
of
whom
shall
be
appointed
by
22
the
minority
leader
of
the
senate,
and
five
members
of
the
23
house
of
representatives,
three
of
whom
shall
be
appointed
by
24
the
speaker
of
the
house
of
representatives
and
two
of
whom
25
shall
be
appointed
by
the
minority
leader
of
the
house
of
26
representatives.
The
study
committee
shall
meet
during
the
27
2020
legislative
interim
to
make
appropriate
recommendations
28
for
consideration
during
the
2021
legislative
session
in
a
29
report
submitted
to
the
general
assembly
by
January
15,
2021.
30
Sec.
14.
SAVINGS
PROVISION.
This
Act,
pursuant
to
section
31
4.13,
does
not
affect
the
operation
of,
or
prohibit
the
32
application
of,
prior
provisions
of
law
amended
or
repealed
33
by
this
Act,
or
rules
adopted
under
chapter
17A
to
administer
34
prior
provisions
of
law
amended
or
repealed
by
this
Act,
for
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10
S.F.
_____
fiscal
years
beginning
before
July
1,
2017.
1
Sec.
15.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
2
of
immediate
importance,
takes
effect
upon
enactment.
3
Sec.
16.
APPLICABILITY.
This
Act
applies
to
fiscal
years
4
beginning
on
or
after
July
1,
2017.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
concerns
county
funding
of
mental
health
and
9
disability
services
and
the
mental
health
and
disability
10
services
property
tax
levy
and
includes
effective
date
and
11
applicability
provisions.
12
Under
current
law,
for
the
fiscal
period
beginning
July
1,
13
2013,
and
ending
June
30,
2018,
county
revenues
from
property
14
taxes
levied
by
the
county
and
credited
to
a
county
mental
15
health
and
disabilities
services
fund
created
pursuant
to
Code
16
section
331.424A
(county
services
fund)
shall
not
exceed
the
17
lower
of
the
amount
of
the
county’s
base
year
expenditures
for
18
mental
health
and
disability
services
or
the
amount
equal
to
19
the
product
of
the
statewide
per
capita
expenditure
target
20
for
the
fiscal
year
beginning
July
1,
2013,
multiplied
by
the
21
county’s
general
population
for
the
applicable
fiscal
year.
22
After
June
30,
2017,
current
law
provides
that
county
revenues
23
from
property
taxes
levied
and
credited
to
the
county
services
24
fund
shall
not
exceed
an
amount
equal
to
the
county’s
base
year
25
expenditures
for
these
services.
26
The
bill
amends
Code
section
331.424A
relating
to
the
amount
27
of
county
funding
for
mental
health
and
disability
services
28
and
the
amount
of
property
taxes
levied
for
payment
of
such
29
services.
30
The
bill
establishes
a
methodology
for
establishing
a
31
regional
per
capita
expenditure
target
amount.
For
the
32
fiscal
year
beginning
July
1,
2017,
the
regional
per
capita
33
expenditure
target
amount
is
the
sum
of
the
base
expenditure
34
amount
for
all
counties
in
the
region,
divided
by
the
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population
of
the
region.
The
bill
defines
“base
expenditure
1
amount”
as
the
lesser
of
either
the
county’s
base
year
2
expenditures
for
mental
health
and
disabilities
services,
as
3
defined
in
section
331.424A,
Code
2017,
or
the
product
of
4
$47.28
multiplied
by
the
county’s
population
for
the
fiscal
5
year
beginning
July
1,
2017.
For
the
fiscal
year
beginning
6
July
1,
2018,
and
each
subsequent
fiscal
year,
the
regional
7
per
capita
expenditure
target
amount
is
an
amount
equal
to
8
the
regional
per
capita
expenditure
target
amount
for
the
9
immediately
preceding
fiscal
year
multiplied
by
the
annual
10
inflation
factor
for
the
fiscal
year,
as
specified
in
the
11
bill.
However,
the
bill
prohibits
the
application
of
the
12
annual
inflation
factor
from
resulting
in
a
regional
per
capita
13
expenditure
target
amount
that
exceeds
the
statewide
per
capita
14
expenditure
target
amount.
15
Under
the
bill,
a
county
is
required
to
certify
a
property
16
tax
levy
for
payment
of
services
in
an
amount
not
to
exceed
the
17
county
budgeted
amount
for
the
fiscal
year.
For
the
fiscal
18
year
beginning
July
1,
2017,
and
subsequent
fiscal
years,
19
each
county’s
budgeted
amount
shall
be
the
amount
necessary
20
to
meet
the
county’s
financial
obligations
for
the
payment
of
21
services
under
the
regional
service
system
management
plan,
not
22
to
exceed
an
amount
equal
to
the
product
of
the
regional
per
23
capita
expenditure
target
amount
multiplied
by
the
county’s
24
population,
and
reduced
by
specified
excess
cash
flow
reserve
25
funds,
if
applicable.
26
Under
current
law,
counties
are
required
to
reserve
an
27
amount
to
address
cash
flow
obligations
in
the
next
fiscal
28
year
that
does
not
exceed
25
percent
of
the
gross
expenditures
29
budgeted
from
the
county
services
fund
for
the
fiscal
year
30
in
progress.
Under
the
bill,
a
county’s
cash
flow
amount
in
31
the
county
services
fund
that
exceeds
25
percent
of
the
gross
32
expenditures
budgeted
from
the
county
services
fund
for
the
33
fiscal
year
in
progress
must
be
used
for
services
and
reduces
34
the
county’s
budgeted
amount
calculated
under
the
bill
and
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levied
as
property
taxes.
Amounts
transferred
from
a
county
1
hospital
fund
to
the
county
services
fund,
as
authorized
in
the
2
bill,
shall
not
be
considered
part
of
the
reserved
cash
flow
3
amount.
4
The
bill
amends
Code
section
347.7,
relating
to
county
5
hospital
tax
levies.
The
bill
provides
that
for
the
fiscal
6
year
beginning
July
1,
2017,
and
subsequent
fiscal
years,
7
if
a
county
with
a
population
of
225,000
or
more
that
has
a
8
county
budgeted
amount
equal
to
the
product
of
the
county’s
9
population
multiplied
by
the
regional
per
capita
expenditure
10
target
amount,
the
board
of
supervisors
may
transfer
from
the
11
county
hospital
fund
to
the
county
services
fund
an
amount
12
not
to
exceed
the
product
of
the
county’s
population
for
the
13
applicable
fiscal
year
multiplied
by
the
remainder
of
the
14
statewide
per
capita
expenditure
target
amount
minus
the
15
regional
per
capita
expenditure
target
amount
for
the
county.
16
Amounts
transferred
by
a
county
under
this
provision
are
17
available
to
the
county
for
the
payment
of
mental
health
and
18
disability
services.
19
The
bill
repeals
Code
section
426B.3
relating
to
per
capita
20
funding
and
repayments
of
Medicaid
offset
amounts
and
makes
21
conforming
Code
changes
to
other
provisions
of
law.
22
The
bill
provides
that,
notwithstanding
the
deadline
for
23
certifying
a
county
budget,
for
the
fiscal
year
beginning
24
July
1,
2017,
a
county
may
recertify
the
county’s
budget
as
25
necessary
to
implement
the
bill
if
the
bill
takes
effect
after
26
the
budget
certification
deadline.
A
budget
recertified
27
pursuant
to
the
bill
must
be
recertified
to
the
county
auditor
28
no
later
than
30
days
after
the
effective
date
of
the
bill,
29
and
protests
to
the
budget
must
be
filed
no
later
than
10
days
30
after
the
county’s
budget
is
recertified.
31
The
bill
requests
the
legislative
council
to
authorize
32
a
study
committee
to
analyze
the
viability
of
the
mental
33
health
and
disability
services
funding
provisions
in
the
bill,
34
including
the
methodology
used
to
calculate
and
determine
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the
base
expenditure
amount,
the
county
budgeted
amount,
the
1
regional
per
capita
expenditure
target
amount,
the
statewide
2
per
capita
expenditure
target
amount,
and
the
annual
inflation
3
factor.
The
study
committee
shall
consist
of
10
legislative
4
members
appointed
as
specified
in
the
bill.
The
study
5
committee
shall
meet
during
the
2020
legislative
interim
to
6
make
appropriate
recommendations
for
consideration
during
the
7
2021
legislative
session
in
a
report
submitted
to
the
general
8
assembly
by
January
15,
2021.
9
The
bill
takes
effect
upon
enactment
and
applies
to
fiscal
10
years
beginning
on
or
after
July
1,
2017.
11
The
bill
does
not
affect
the
operation
of,
or
prohibit
the
12
application
of,
prior
provisions
of
law
amended
or
repealed
by
13
the
bill,
or
rules
adopted
to
administer
prior
provisions
of
14
law
amended
or
repealed
by
the
bill,
for
fiscal
years
beginning
15
before
July
1,
2017.
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