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House Journal: Page 1617: Tuesday, April 14, 1998

Appropriations Calendar

House File 2558, a bill for an act relating to mental health,
developmental disability, and substance abuse service and
payment provisions, and including an applicability provision and
an effective date, was taken up for consideration.
Heaton of Henry offered the following amendment H-9167 filed by
him, Grundberg of Polk and Houser of Pottawattamie from the
floor and moved its adoption:

H-9167

 1     Amend House File 2558 as follows:
 2     1.  Page 3, by inserting after line 34 the
 3   following:
 4     "Sec. ___.  LEGAL SETTLEMENT PLAN.  The department
 5   of human services shall work with the Iowa state
 6   association of counties in developing proposals for
 7   legal settlement determination and for expediting
 8   resolution of legal settlement disputes.  The
 9   department shall report on or before December 1, 1998,
10   to the general assembly and the governor outlining
11   proposals and providing other relevant
12   recommendations."
13     2.  Page 10, by inserting after line 19 the
14   following:
15                        "DIVISION    
16            DUAL CIVIL COMMITMENTS
17     Sec. ___.  NEW SECTION.  125.75B  DUAL FILINGS.
18     An application for involuntary commitment or
19   treatment of a respondent under this chapter may be
20   filed contemporaneously with an application for
21   involuntary hospitalization of the respondent under
22   chapter 229.
23     Sec. ___.  Section 125.82, subsections 1 and 2,
24   Code 1997, are amended to read as follows:
25     1.  At a commitment hearing, evidence in support of
26   the contentions made in the application shall be
27   presented by the applicant, or by an attorney for the
28   applicant, or by the county attorney if the county
29   attorney is the applicant.  During the hearing the
30   applicant and the respondent shall be afforded an
31   opportunity to testify and the county attorney and the
32   respondent shall have the opportunity to present and
33   cross-examine witnesses, and the court may receive the
34   testimony of other interested persons.  If the
35   respondent is present at the hearing, as provided in
36   subsection 3, and has been medicated within twelve
37   hours, or a longer period of time as the court may
38   designate, prior to the beginning of the hearing or a
39   session of the hearing, the court shall be informed of
40   that fact and of the probable effects of the

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