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Dbq Cty Board of Supervisors-Dubuque County Legislative Priorities 2001 SessionPHONE: 319-589-4441 FAX: 319-589-4478 2)uhu aue Cotcrtly i L?oarc/ o .Su erv[iori COURTHOUSE DUBUQUE, IOWA 52001-7053 DUBUQUE COUNTY LEGISLATIVE PRIORITIES 2001 SESSION Presented November 29, 2000 1. Local Option Tax DONNA L. SMITH ALAN R.MANTERNACH JIM WALLER During the last session of the legislature, you authorized implementation of the Local Option Sales Tax legislation to deduct $400,000 in local option sales tax revenues by the Department of Revenue and Finance for administrative costs associated with the collection and distribution of revenues. We also learned in investigating this matter, that interest earned on local option sales tax from the time it is collected until it is distributed is deposited in the State's General Fund. We believe that interest earned should be apportioned to the local governments for whom the tax is collected, especially in light of the decision to utilize a portion of the monies collected as a result of local referenda, which designated the funds for specific uses. 2. County Budgeting Process We as a Board continue to oppose any constitutional or statutory spending limitations on local governments believing that local elected officials have the same status with the electorate as state elected officials. The Iowa State Association of Counties will be proposing the Local Government Fiscal Reform Act described in an attachment to this presentation, as an proactive alternative to any proposal for spending limitations. 3. Public Health Funding During the 2000 session, the Iowa Legislature appropriated the first year payment of the tobacco settlement to health -related programs. Since this was a non -standing 1 ®IleGCN 1148-M appropriation, we are encouraging you to strictly devote the payments from the tobacco settlement to health -related programs. We further recommend that this additional funding be funneled to single county contract designees (boards of supervisors or boards of health) for environmental and public health nursing programs within local health departments, and that the priorities for its use be those established at the local level. Dubuque County has participated in the Iowa Department of Public Health's Community Services Bureau Single Grant contract since its inception. Under this program, Dubuque County in fiscal year 2001 receives $200,664 for the Home Care Aide program, $15,000 for the court -ordered Home Care Aide program, $59,960 for the Public Health Nursing and $8,392 for the Senior Health Program. These amounts are static from those received in fiscal year 2000. We contract these services with the Visiting Nurse Association through the County's Board of Supervisors.. However, Dubuque County also spends $15,000 for public health nursing services to persons in need who do not necessarily meet the criteria for the state's public health nursing program and an additional $80,000 to pay for additional necessary public health nursing services. Because of new federally -imposed restrictions on Medicare and Medicaid funding for home health services, Dubuque County has reached a crisis point in providing those services. The Visiting Nurse Association reports that Visiting Nurse Association Finley Home Health Care and Mercy Home Health Care are making referrals to the programs funded through the State of Iowa Single County Grant and County Property tax much sooner because Medicare, Medicaid and private health insurance funding have been exhausted. As a result, fewer clients are being served with the state and local monies. This issue must be addressed statewide. We are asking that a significant funding increase in the year 2002 would achieve a 50% state -county partnership in funding for Public Health Nursing and Home Care Aide programs. 4. Abandoned Wells The Water Well Grants -to -Counties program from the Department of Natural Resources has been decreased from $21,500 to $15,000 per county, at the same time that the DNR is mandating that all abandoned wells be closed. It is estimated that there are 30,000 more abandoned wells in Iowa that need to be closed. Rehabilitation of wells has also been added as an eligible category for the grants. 2 We are asking that the grants be restored to at least the $21,500 figure in order to encourage property owners to close abandoned wells. 5. Environmental Health & Zoning Issues We ask that the legislature insert a definition of a "farm" for zoning purposes. The legislature must determine under what circumstances corporate commercial animal confinement facilities fit within the agricultural exemption for zoning purposes. The legislature must also determine definitions counties can utilize when rural properties are sub -divided and precisely under what circumstances these developments fit within the agricultural exemption 6. State Papers The Dubuque County Board of Supervisors continues to be supportive of the partnership between the University of Iowa Hospitals and Clinics, the State, and counties for the medical care of the indigent. During fiscal year 2001 (the current year), we had utilized 114 of our quota of state papers by November 1, leaving a balance of 44 papers for the remaining 7 months of the year. With the increasing number of uninsured or under insured adults, it may be time to reevaluate increased availability of state papers for needy people. 7. Mental Health Parity Iowa does not currently require that health insurance policies cover treatment of inpatient and outpatient mental illness and chemical dependency at the same level and with the same annual and lifetime limits as physical illnesses. The discrepancy in the law is discriminatory and needs to be corrected. The State should amend the Code to adopt an insurance parity law that requires insurance carriers to use the same co -pays, deductibles and annual and lifetime limits for mental health and chemical dependency treatment as for treatment of other physical illnesses. 8. Substance Abuse Funding Inadequate funding for substance abuse treatment has created a fragmented system with statewide inequities to the access for treatment. First, the State must appropriate monies to pay for the actual cost of detoxification, and then, in a separate fund, the State must appropriate monies to pay for treatment and follow-up services. 3 The State should also appropriate funds to increase the number of community -based treatment facilities to appropriately treat substance abusers. 9. Mental Health Issues A. Growth in MH/MR/DD Fund The best possible solution to the Iowa dilemma for services for the Mentally Ill, Mentally Retarded and Developmentally Disabled is for the State to assume responsibility for this entire system. One way that this could perhaps be done is for the state to assume the system and abolish the concept of legal settlement so that clients could more freely move and be placed in appropriate settings closer to home. Perhaps the State could assume that responsibility sooner if counties would agree to pay to the state an amount based on current expenditures, which would decrease each year for a period of years, at the end of which the county responsibility would be completely gone. There is a proposal from the Department of Human Services and the Central Point of Coordination Restructuring Task Force to abolish the legal settlement concept and substitute residency for it. This proposal is based on a principle of equitable service access, and ideals that require funding to follow consumers wherever they choose to live. Unless that goal is established first, legal settlement cannot be abolished, because counties like Dubuque, which offer a rich array of services, will be magnets for disabled persons from other counties. The various counties will have individual, unique situations in that fund, too. For example, in our budgeting process in fiscal year 1998 in that fund, a credit from the State of Iowa for state cases resulted in our lowering the levy, despite the fact that the needs in that fund are substantial. The lower levy does not reflect decreased need; it reflects a substantial unusual revenue source, so we urge you not to tie growth allocation to the levy rate in the MH/MR/DD fund. Fund balances in the MH/DD Fund have also become an issue during the past two years. While Dubuque County enjoys a large fund balance in this fund, we remind you that there continues to be confusion with billings from the Iowa Department of Human Services for expenses at the Mental Health Institutes and for Medicaid payments. B. Medicaid Rehabilitation Option for Mentally I11. We have hopes that utilization of the Medicaid Rehabilitation Option recently implemented by the Iowa Department of Human Services will provide sorely 4 needed services for the chronically mentally ill. We thank you and the Department for your work in formulating this option for services for that population. C. Property Tax Relief The State of Iowa has not yet reached the 50% of the county base the legislature projected when the mental health reform began. The non-federal share of the ICF/MR and HCBS Waiver Services for children should be paid from funds other than the property tax relief fund which would result in further property tax relief for Iowa's people. We also have seen no improvement in the State's billing system for the Medicaid programs, i.e., Case Management, ICF/MR, HCBS Waiver. Beginning in fiscal year 2002, the Social Services Block Grant monies will no longer be able to be supplemented with Temporary Assistance to Needy Families funds from the federal level. Please appropriate state funds to replace the SSBG funds that are currently being utilized for local purchase allocation to counties. D. Managed Mental Health Care Concerns about the State's managed mental health and substance abuse provider continue with providers of service. We are concerned that services for "state cases" managed by the provider have equal access to services, in accordance with the county management plan of the county in which the individual needing services lives. Dubuque County is particularly sensitive to the "state case" issue because of our location, and because of the county's continued responsibility to pay for commitment costs for "state case" clients from Wisconsin and Illinois who are not actually committed to a state institution. We suggest that the contractor's responsibility be expanded to include the commitment costs for both mental health and substance abuse. E. Long Term Nursing Care for Geriatric MH/DD Clients (ICF/PMI) There are no monies available to develop specialized intermediate care facilities to care for elderly and/or physically ill persons who have been diagnosed with mental illness and cannot be managed in the traditional nursing home setting. 5 The legislature must direct the Medicaid program to develop a per diem rate for residents based on the type of care provided, and appropriate funds to cover 100% of the non-federal share of the cost. This need grows consistently as people brought back to our communities through the MH/DD system age and require nursing care, and as the aging population grows. Through the 109-bed geriatric unit at Sunnycrest Manor, Dubuque County has provided care for some of these clients when they met the county's criteria; however, the county cannot care for all of this population at that facility for several reasons. One of them is cost; this population requires enormous amounts of staff time which the regular Title XIX reimbursement does not pay for. Another is that the facility is not licensed as a PMI and to do so would endanger the Medicaid money that we do receive for geriatric clients, through the prohibition on utilizing Medicaid for a "large public mental institution." The only beds currently providing the appropriate level of care are at Clarinda MHI, which has been certified to receive a higher level of Medicaid reimbursement. However, there is a long waiting list there, and persons who are admitted to the program must leave their own communities. F. Dual Diagnosis Approximately 70 per cent of persons with chronic mental illness experience a co- occurring problem with substance abuse. Treatment for dually diagnosed individuals is a critical need. The DHS program available for these consumer is in Mt. Pleasant, where beds are limited and costs are prohibitive; the county's share of the per diem for the program $428.00. It is critical that the State and its managed care contractors approach the needs of the dually diagnosed population in an integrated manner. G. Services to the Department of Corrections Counties are being requested to fund MH/DD services to persons who are under the jurisdiction of the Department of Corrections. This has happened to Dubuque County in two ways: (1) Requests for residential placement for persons who have disabilities and/or have disabilities at the County's expense. (2) Requests for vocational and/or counseling services for persons brought to our county under the "interstate compact" to complete requirements of probation. 6 It continues to be our position that persons under the jurisdiction of the Department of Correctional Services are the responsibility of the State of Iowa. There has been attention to this situation recently when the Des Moines Register published a series of articles about the large percentage of people in Iowa's prison system with a diagnosis of mental illness, and the lack of treatment opportunities for those people. We continue to be concerned people having diagnoses of mental illness remain the responsibility of the Department of Correctional Services and encourage sufficient state funding to provide the services needed by persons supervised by the department.. H. Civil Court -Ordered Services In the 1980's the State of Iowa began transitioning the funding and supervision of court services from counties to the state. This process was never completed and it is time to do so. As you study the issue of the employment status of Judicial Advocates, who are currently actively seeking employment status either through the state or the counties, consider that the counties meet non of the federal qualifications for "employer" for these advocates. We do not hire, fire, train or supervise these people; we should not be their employer for ethical reasons because the county's interests in any case may be different from the Advocate's. Advocates should either be paid in the same manner as Court -Appointed Attorneys, or should be employees of the State of Iowa. We also ask that court -ordered sheriff's transportation and other fees be paid by the State, as well as court -appointed attorneys in the commitment process, and any court -ordered diagnostic evaluation. I. Brain Injury Funding for persons with a brain injury is very limited and many of these individuals need services that they are unable to obtain. Counties do not have resources available to add a new population group to our management plans. Therefore, we support the establishment of a state/federal funding stream to provide services for persons with brain injury. 7 10. State Court Administrator's Office and Juvenile Court Services As the situation currently stands, counties are paying a pro-rata share for space occupied by State Court Administration in the Black Hawk County Courthouse. We also provide space in our Courthouse, where space is scarce. We ask that you amend Iowa Code Section 602.1303(1)(b) to provide only that counties provide offices for the district court. We also ask that the mandate that counties provide space for Juvenile Court Services be transferred to the state, which employs the Juvenile Court Services staff. It is chaotic for us to be negotiating to rent space for an office that is staffed by state employees, and where we have absolutely no control over the numbers of people and therefore the numbers of offices that are necessary. 11. Funding of State Mandates County budgets are increasingly burdened with the cost of current and new state mandates. In order to avoid forcing additional spending onto the property tax, any service mandated by the state must have adequate state funds to pay for it. The mandate issue is complex. It relates to much of what we do, and in both direct and indirect ways. For example, Dubuque County has had to employ more prosecutors and needs more jail space because more people are being charged and sentenced, although we know that the legislature did not specifically intend to cause jail overcrowding when the legislation was passed. Unfunded mandates force additional spending onto the property tax; any service mandated by state legislation should have adequate state funds to support it. 12. Funding for County Jails The cost of building and operating county jails continues to consumer an ever- increasing share of the budget for most counties. One way to fight this is for the State to guarantee the necessary fund to fulfill its statutory duty to reimburse counties for holding state prisoners in county jails. The State of Iowa is required to statute to reimburse counties for the cost of holding parole violators in county jails, and to reimburse counties for work release violators and some OWI violators. The current $900,000 appropriation falls short of the estimated $1.5 million necessary for full reimbursement. The state should pay counties for housing all prisoners under the jurisdiction of he Department of Corrections held in county jails or other county -paid facilities. 8 pieces of bluff, lots which are too small, too steep, or too narrow. Infrequently, a derelict building is located on one of these lots. All of this is a liability to the County, particularly resulting from the terrain of Dubuque County. When the property is sold, proceeds are shared with all taxing districts. We suggest that when these properties become delinquent and are ready to become the property of a public entity, properties within a city become the property of, and liability of, that city. The County would then assume the liability and responsibility for the properties in the rural areas. When and if the property is sold, proceeds would continue to be shared with all taxing districts applicable. 16. Tax Increment Financing Tax Increment Financing Districts under Iowa Code Chapter 403 should be changed so that the taxing authority establishing the TIF district can only create an urban renewal area with the approval of each affected taxing jurisdiction of the city or county and school that share the TIF base. TIF districts should be limited to a certain number of years, specifically pertaining to TIF's designated for eliminating urban slum or blight. All TIF districts must also be required to prepare a fiscal impact statement prior to approval. Two cities in Dubuque County have created such districts for residential purposes; one of the two created a district which includes almost the entire city, thereby reducing the amount of money available for county services, although those services must remain available to those citizens. Therefore, there is an additional property tax burden on farmers, who are already facing extreme economic difficulties. 17. Southwest Arterial We are encouraged by the news that the Southwest Arterial has been included in the Iowa Department of Transportation's five-year plan for fiscal year 2005. However, because the Southwest Arterial is such a vital link in Dubuque County's transportation system, we believe that the project should be accelerated in the plan. 10 2001 Top Legislative Priorities 2001 Top Legislative Priorities All 99 counties of Iowa are dedicated to the best service at the lowest possible cost for the citizens and taxpayers they serve. The counties, through ISAC, support the concept of representative government and encourage the preservation of flexibility for elected officials to best represent the people who elect them. in keeping with these principles, Iowa county officials are proud to present their "Top Legislative Priorities" for 2001. With the prime interest of the citizens and taxpayers in mind, we respectfully request that the following eight legislative objectives be considered and approved by the 79'h General Assembly of Iowa and approved by Governor Vilsack. Iowa Commission on State and Local Taxation - In order to obtain true tax reform, all elements of the system must be considered. Such effort must include an examination of state and local income, sales, and property taxes and a comprehensive look at the services funded by each revenue source. ISAC proposes that an Iowa Commission on State and Local Taxation be created for these purposes. Commission membership should include representatives appointed by leadership from both houses of the Iowa General Assembly, Governor Vilsack, ISAC, the Iowa League of Cities, the Iowa Association of School Boards, and other interested groups as deemed appropriate. To achieve best results, the Commission should be adequately funded and staffed by the state. A time frame should include a preliminary report 12 months from the time of enactment, and a final report by 18 months. The Commission should be retained for a few years to facilitate recommended legislative changes and implementation of the results. Similar commissions have been set into place in Colorado and Virginia. Local Government Fiscal Reform Act - To show that counties are serious about relying on the Commission for comprehensive tax reforms, we offer the following set of immediate reforms in good faith: • Financial Management Plans to use in budget preparation with forms to be approved by the County Finance Committee in consultation with the Iowa State Association of County Supervisors and Iowa State Association of County Auditors. This budget tool (similar to mental health County Management Plans) would be used to assist counties in identifying budget goals, service and program plans, revenue targets that are self- limiting, and capital projects; • 25% unreserved-undesignated fund balance allowance in general and rural funds beginning in FY03 with a levy reduction formula to offset excess balances in FY04 and thereafter if needed; • Strong unfunded mandates protections (HF 2299 from 2000 legislative session); and • General Obligation Bond Flexibility to allow counties to use debt levy for G.O. Bonding in areas Tess than county wide for specified projects. 9