Previous Day: Wednesday, April 25	Next Day: Friday, April 27
Senate Journal: Index	House Journal: Index
Legislation: Index	Bill History: Index

House Journal: Thursday, April 26, 2001

JOURNAL OF THE HOUSE

One Hundred Ninth Calendar Day - Seventy-sixth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Thursday, April 26, 2001

The House met pursuant to adjournment at 8:47 a.m., Speaker
Siegrist in the chair.

Prayer and song were offered by the Reverend Robert E. Connors,
pastor of the Union Park Christian Church, Des Moines. He is the
brother of Representative John Connors from Polk County.

The Journal of Wednesday, April 25, 2001 was approved.

INTRODUCTION OF BILLS

House File 738, by committee on ways and means, a bill for an
act exempting from sales and use taxes the sales and rentals made
and services furnished to licensed nonprofit nursing facilities and
including an effective and applicability date provision.

Read first time and placed on the ways and means calendar.

House File 739, by committee on ways and means, a bill for an
act relating to the application of sales and services tax receipts by a
political subdivision to the payment of principal and interest of
certain bonds.

Read first time and placed on the ways and means calendar.

ADOPTION OF HOUSE RESOLUTION 41

Warnstadt of Woodbury called up for consideration House
Resolution 41, a resolution recognizing Don "Skip" Meisner upon his
retirement, and moved its adoption.

The motion prevailed and the resolution was adopted.

CONSIDERATION OF BILLS
Appropriations Calendar

Senate File 531, a bill for an act relating to and making
appropriations to certain state departments, agencies, funds, and
certain other entities, providing for regulatory authority, and other
properly related matters, with report of committee recommending
passage, was taken up for consideration.

The House stood at ease at 9:15 a.m., until the fall of the gavel.

The House resumed session and consideration of Senate File 531
at 10:27 a.m., Speaker Siegrist in the chair.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Bell of Jasper on request of Myers of Johnson; Huser of Polk, until her return, on
request of Myers of Johnson; Millage of Scott, until his arrival, on request of Rants of
Woodbury.

Raecker of Polk offered amendment H(1677 filed by him as
follows:

H-1677

1 Amend Senate File 531, as passed by the Senate, as
2 follows:
3 1. Page 2, line 35, by striking the figure
4 "1,336,347" and inserting the following: "1,513,454".
5 2. Page 4, line 4, by striking the figure
6 "722,552" and inserting the following: "818,311".
7 3. Page 7, line 31, by striking the figure
8 "1,252,713" and inserting the following: "1,330,592".
9 4. Page 9, line 26, by striking the figure
10 "728,715" and inserting the following: "877,970".
11 5. By striking page 14, line 25, through page 15,
12 line 2, and inserting the following:
13 "Sec. . STATE WORKERS' COMPENSATION CLAIMS.
14 There is appropriated from the general fund of the
15 state to the department of personnel for the fiscal
16 year beginning July 1, 2001, and ending June 30, 2002,
17 the following amount, or so much thereof as is
18 necessary, to be used for the purposes designated:
19 For distribution, subject to approval of the
20 department of management, to various state departments

21 to fund the premiums for paying workers' compensation
22 claims which are assessed to and collected from the
23 state department by the department of personnel based
24 upon a rating formula established by the department of
25 personnel:
26 $ 500,000
27 Notwithstanding section 8.39, subsections 1, 3, and
28 4, the department of management may allocate the
29 premium appropriated in this section to the
30 appropriate offices, divisions, or subdivisions within
31 each state department as necessary to pay workers'
32 compensation premiums as recommended by the department
33 of personnel.
34 The premiums collected by the department of
35 personnel shall be segregated into a separate workers'
36 compensation fund in the state treasury to be used for
37 payment of state employees' workers' compensation
38 claims. Notwithstanding section 8.33, unencumbered or
39 unobligated moneys remaining in this workers'
40 compensation fund at the end of the fiscal year shall
41 not revert but shall be available for expenditure for
42 purposes of the fund for subsequent fiscal years.
43 Any funds received by the department of personnel
44 for workers' compensation purposes other than funds
45 appropriated in this section shall be used for the
46 payment of workers' compensation claims and
47 administrative costs."
48 6. Page 15, line 15, by striking the figure
49 "9,625,794" and inserting the following:
50 "10,125,794".

Murphy of Dubuque offered amendment H(1715, to amendment
H(1677, filed by Murphy, et al., and requested division as follows:

H-1715

1 Amend the amendment, H-1677, to Senate File 531, as
2 passed by the Senate, as follows:

H-1715A

3 1. Page 1, by inserting after line 2 the
4 following:
5 " . Page 1, line 31, by striking the figure
6 "427,869" and inserting the following: "496,795"."

H-1715B

7 2. Page 1, by inserting after line 8 the
8 following:
9 " . Page 9, line 21, by striking the figure

H-1715B

10 "108.00" and inserting the following: "111.00"."

H-1715C

11 3. Page 1, line 26, by striking the figure
12 "500,000" and inserting the following: "1,700,000".

H-1715A

13 4. Page 1, line 50, by striking the figure
14 "10,125,794" and inserting the following:
15 "10,753,828".
16 5. Page 1, by inserting after line 50 the
17 following:
18 " . Page 15, line 23, by striking the figure
19 "10,237,208" and inserting the following:
20 "11,517,347"."
21 6. Page 1, by inserting after line 50 the
22 following:
23 " . Page 16, line 6, by striking the figure
24 "55,610" and inserting the following: "62,980"."
25 7. Page 1, by inserting after line 50 the
26 following:
27 " . Page 16, line 9, by striking the figure
28 "62,250" and inserting the following: "70,500"."
29 8. Page 1, by inserting after line 50 the
30 following:
31 " . Page 17, line 9, by striking the figure
32 "655,234" and inserting the following: "795,573"."
33 9. Page 1, by inserting after line 50 the
34 following:
35 " . Page 17, line 19, by striking the figure
36 "1,532,728" and inserting the following:
37 "1,746,660"."
38 10. Page 1, by inserting after line 50 the
39 following:
40 " . Page 17, by inserting after line 23 the
41 following:
42 "4. OFFICIAL REGISTER
43 For costs incurred in the printing of the official
44 register:
45 $ 50,000""
46 11. Page 1, by inserting after line 50 the
47 following:
48 " . Page 17, line 32, by striking the figure
49 "815,580" and inserting the following: "923,669"."
50 12. By renumbering as necessary.

Murphy of Dubuque moved the adoption of amendment H-1715A,
to amendment H-1677.

Amendment H(1715A lost.

Murphy of Dubuque moved the adoption of amendment H-1715B,
to amendment H-1677.

Roll call was requested by Murphy of Dubuque and Warnstadt of
Woodbury.

On the question “Shall amendment H-1715B, to amendment H-
1677 be adopted?” (S.F. 531)

The ayes were, 39:

Atteberry	Bukta	Chiodo	Cohoon
Connors	Dotzler	Falck	Foege
Ford	Frevert	Greimann	Hatch
Jochum	Kreiman	Kuhn	Larkin
Lensing	Mascher	May	Mertz
Murphy	O'Brien	Osterhaus	Petersen
Quirk	Reynolds	Richardson	Scherrman
Schrader	Seng	Shoultz	Smith
Stevens	Taylor, D.	Taylor, T.	Tremmel
Warnstadt	Winckler	Wise

The nays were, 55:

Alons	Arnold	Barry	Baudler
Boal	Boddicker	Boggess	Bradley
Brauns	Broers	Brunkhorst	Carroll
Cormack	De Boef	Dix	Dolecheck
Drake	Eddie	Eichhorn	Elgin
Fallon	Finch	Garman	Gipp
Hahn	Hansen	Heaton	Hoffman
Horbach	Houser	Hoversten	Huseman
Jacobs	Jenkins	Johnson	Kettering
Klemme	Larson	Manternach	Metcalf
Raecker	Rants	Rayhons	Rekow
Roberts	Shey	Sievers	Sukup
Teig	Tymeson	Tyrrell	Van Engelenhoven
Van Fossen	Weidman	Mr. Speaker
		Siegrist

Absent or not voting, 6:

Bell	Grundberg	Huser	Millage
Myers	Witt

Amendment H-1715B lost.

T. Taylor of Linn moved the adoption of amendment H-1715C, to
amendment H-1677.

Roll call was requested by T. Taylor of Linn and Murphy of
Dubuque.

On the question “Shall amendment H-1715C, to amendment H-
1677 be adopted?” (S.F. 531)

The ayes were, 38:

Atteberry	Bukta	Chiodo	Cohoon
Connors	Dotzler	Falck	Foege
Ford	Frevert	Greimann	Hatch
Jochum	Kreiman	Kuhn	Larkin
Lensing	Mascher	May	Mertz
Murphy	Myers	O'Brien	Osterhaus
Petersen	Quirk	Reynolds	Richardson
Scherrman	Schrader	Seng	Stevens
Taylor, D.	Taylor, T.	Tremmel	Warnstadt
Winckler	Wise

The nays were, 53:

Alons	Arnold	Barry	Baudler
Boal	Boddicker	Boggess	Bradley
Brauns	Broers	Brunkhorst	Carroll
Cormack	Dix	Dolecheck	Drake
Eddie	Eichhorn	Elgin	Fallon
Finch	Garman	Gipp	Grundberg
Hahn	Hansen	Hoffman	Horbach
Houser	Hoversten	Huseman	Jacobs
Jenkins	Johnson	Kettering	Klemme
Larson	Manternach	Metcalf	Raecker
Rants	Rayhons	Rekow	Roberts
Shey	Sievers	Sukup	Teig
Tymeson	Tyrrell	Van Engelenhoven	Weidman
Mr. Speaker
Siegrist

Absent or not voting, 9:

Bell	De Boef	Heaton	Huser
Millage	Shoultz	Smith	Van Fossen
Witt

Amendment H-1715C lost.

On motion by Raecker of Polk amendment H(1677 was adopted.

Raecker of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.

On the question “Shall the bill pass?” (S.F. 531)

The ayes were, 54:

Alons	Arnold	Barry	Baudler
Boal	Boddicker	Boggess	Bradley
Brauns	Broers	Brunkhorst	Carroll
Cormack	De Boef	Dix	Dolecheck
Drake	Eddie	Eichhorn	Elgin
Finch	Garman	Gipp	Grundberg
Hahn	Hatch	Heaton	Hoffman
Horbach	Hoversten	Huseman	Jacobs
Jenkins	Johnson	Kettering	Klemme
Larson	Manternach	Metcalf	Raecker
Rants	Rayhons	Rekow	Roberts
Shey	Sievers	Sukup	Teig
Tymeson	Tyrrell	Van Engelenhoven	Van Fossen
Weidman	Mr. Speaker
	Siegrist

The nays were, 40:

Atteberry	Bukta	Chiodo	Cohoon
Connors	Dotzler	Falck	Fallon
Foege	Ford	Frevert	Greimann
Jochum	Kreiman	Kuhn	Larkin
Lensing	Mascher	May	Murphy
Myers	O'Brien	Osterhaus	Petersen
Quirk	Reynolds	Richardson	Scherrman
Schrader	Seng	Shoultz	Smith
Stevens	Taylor, D.	Taylor, T.	Tremmel
Warnstadt	Winckler	Wise	Witt

Absent or not voting, 6:

Bell	Hansen	Houser	Huser
Mertz	Millage

The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

SENATE AMENDMENTS CONSIDERED

Hoversten of Woodbury called up for consideration House File
680, a bill for an act relating to child and dependent abuse reporting
and civil remedies pertaining to such reporting, amended by the
Senate, and moved that the House concur in the following Senate
amendment H-1653:

H-1653

1 Amend House File 680, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 3, lines 21 and 22, by striking the words
4 "must have completed" and inserting the following:
5 "is in compliance with".
6 2. Page 3, by striking lines 26 through 29 and
7 inserting the following: "However, the licensing
8 board may adopt rules providing for waiver or
9 suspension of the compliance requirements, if the
10 waiver or suspension is in the public interest,
11 applicable to a person who is engaged in active duty
12 in the military service of this state or of the United
13 States, to a person for whom compliance with the
14 training requirements would impose a significant
15 hardship, or to a person who is practicing a licensed
16 profession outside this state or is otherwise subject
17 to circumstances that would preclude the person from
18 encountering child abuse in this state."
19 3. Page 5, by inserting after line 32 the
20 following:
21 "Sec. . Section 235B.3, subsection 7,
22 unnumbered paragraph 1, Code 2001, is amended to read
23 as follows:
24 The department shall inform the appropriate county
25 attorneys of any reports of dependent adult abuse.
26 The department may request information from any person
27 believed to have knowledge of a case of dependent
28 adult abuse. The person, including but not limited to
29 a county attorney, a law enforcement agency, a
30 multidisciplinary team, or a social services agency in
31 the state, or any person who is required pursuant to

32 subsection 2 to report dependent adult abuse, whether
33 or not the person made the specific dependent adult
34 abuse report, shall cooperate and assist in the
35 evaluation upon the request of the department. If the
36 department's assessment reveals that dependent adult
37 abuse exists which might constitute a criminal
38 offense, a report shall be made to the appropriate law
39 enforcement agency. County attorneys and appropriate
40 law enforcement agencies shall also take any other
41 lawful action necessary or advisable for the
42 protection of the dependent adult."
43 4. Page 7, line 35, by striking the words "must
44 have completed" and inserting the following: "is in
45 compliance with".
46 5. Page 8, line 4, by inserting after the word
47 "requirements." the following: "However, the
48 licensing board may adopt rules providing for waiver
49 or suspension of the compliance requirements, if the
50 waiver or suspension is in the public interest,

Page 2

1 applicable to a person who is engaged in active duty
2 in the military service of this state or of the United
3 States, to a person for whom compliance with the
4 training requirements would impose a significant
5 hardship, or to a person who is practicing a licensed
6 profession outside this state or is otherwise subject
7 to circumstances that would preclude the person from
8 encountering dependent adult abuse in this state."

The motion prevailed and the House concurred in the Senate
amendment H-1653.

Hoversten of Woodbury moved that the bill, as amended by the
Senate and concurred in by the House, be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.

On the question "Shall the bill pass?" (H.F. 680)

The ayes were, 90:

Alons	Arnold	Atteberry	Barry
Baudler	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Bukta	Carroll	Chiodo	Cohoon
Connors	Cormack	De Boef	Dix
Dolecheck	Dotzler	Drake	Eddie
Eichhorn	Falck	Fallon	Finch
Foege	Ford	Frevert	Garman
Gipp	Greimann	Hahn	Hatch
Heaton	Hoffman	Horbach	Hoversten
Huseman	Jacobs	Jochum	Johnson
Kettering	Klemme	Kreiman	Kuhn
Larkin	Larson	Lensing	Manternach
Mascher	May	Mertz	Metcalf
Myers	O'Brien	Osterhaus	Petersen
Quirk	Raecker	Rants	Rayhons
Rekow	Reynolds	Richardson	Roberts
Scherrman	Schrader	Seng	Shey
Shoultz	Sievers	Smith	Stevens
Taylor, D.	Taylor, T.	Teig	Tremmel
Tymeson	Tyrrell	Van Engelenhoven	Van Fossen
Warnstadt	Weidman	Winckler	Wise
Witt	Mr. Speaker
	Siegrist

The nays were, none.

Absent or not voting, 10:

Bell	Elgin	Grundberg	Hansen
Houser	Huser	Jenkins	Millage
Murphy	Sukup

The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

Dix of Butler in the chair at 11:46 a.m.

May of Worth called up for consideration House File 561, a bill
for an act repealing the requirement to fly a flag or pennant on an all-
terrain vehicle or snowmobile when operating on a public road or
street, amended by the Senate, and moved that the House concur in
the following Senate amendment H-1480:

H-1480

1 Amend House File 561, as passed by the House, as
2 follows:
3 1. Page 1, by inserting before line 1, the
4 following:
5 "Section 1. Section 321.234A, Code 2001, is
6 amended by striking the section and inserting in lieu
7 thereof the following:
8 321.234A ALL-TERRAIN VEHICLES - BICYCLE SAFETY
9 FLAG REQUIRED.

10 1. All-terrain vehicles shall be operated on a
11 highway only between sunrise and sunset and only when
12 the operation on the highway is incidental to the
13 vehicle's use for agricultural purposes. A person
14 operating an all-terrain vehicle on a highway shall
15 have a valid driver's license and the vehicle shall be
16 operated at speeds of thirty-five miles per hour or
17 less.
18 2. A person convicted of a violation of this
19 section is guilty of a simple misdemeanor punishable
20 as a scheduled violation under section 805.8,
21 subsection 4, paragraph "b"."
22 2. Page 1, by inserting after line 2, the
23 following:
24 "Sec. . Section 321G.13, subsection 12, Code
25 2001, is amended by striking the subsection.
26 Sec. . Section 805.8, subsection 4, paragraph
27 b, Code 2001, is amended to read as follows:
28 b. For operating violations under section 321G.9,
29 subsections 1, 2, 3, 4, 5, and 7, sections 321G.11,
30 and 321G.13, ~~subsections 4 and 9~~ subsection 4, the
31 scheduled fine is twenty dollars. For violations of
32 section 321.234A, the scheduled fine is one hundred
33 dollars."
34 3. Title page, by striking line 1, and inserting
35 the following: "An Act modifying prohibitions
36 relating to the operation of an".
37 4. Title page, lines 2 and 3, by striking the
38 words "when operating on a public road or street."
39 5. By renumbering as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-1480.

May of Worth moved that the bill, as amended by the Senate and
concurred in by the House, be read a last time now and placed upon
its passage which motion prevailed and the bill was read a last time.

On the question “Shall the bill pass?” (H.F. 561)

The ayes were, 79:

Alons	Arnold	Atteberry	Barry
Boddicker	Boggess	Bradley	Brauns
Broers	Bukta	Carroll	Chiodo
Cohoon	Connors	Cormack	Dolecheck
Dotzler	Drake	Eddie	Eichhorn
Elgin	Falck	Fallon	Finch
Foege	Ford	Garman	Gipp
Hahn	Heaton	Hoffman	Horbach
Houser	Huseman	Jacobs	Jochum
Johnson	Klemme	Kuhn	Larkin
Larson	Manternach	Mascher	May
Mertz	Metcalf	Myers	O'Brien
Osterhaus	Petersen	Quirk	Raecker
Rants	Rayhons	Rekow	Reynolds
Richardson	Scherrman	Schrader	Seng
Shey	Shoultz	Siegrist, Spkr.	Sievers
Smith	Stevens	Sukup	Taylor, D.
Taylor, T.	Teig	Tremmel	Tyrrell
Van Engelenhoven	Van Fossen	Warnstadt	Weidman
Wise	Witt	Dix,
		Presiding

The nays were, 15:

Baudler	Boal	Brunkhorst	De Boef
Frevert	Greimann	Hatch	Hoversten
Jenkins	Kettering	Kreiman	Lensing
Roberts	Tymeson	Winckler

Absent or not voting, 6:

Bell	Grundberg	Hansen	Huser
Millage	Murphy

The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.

Ways and Means Calendar

Senate File 185, a bill for an act relating to the definition of
factory-built structures, the relocation of factory-built structures, the
certification of installers of manufactured homes, and providing a fee,
an appropriation, and a civil penalty, with report of committee
recommending passage, was taken up for consideration.

Shey of Linn moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.

On the question “Shall the bill pass?” (S.F. 185)

The ayes were, 98:

Alons	Arnold	Atteberry	Barry
Baudler	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Bukta	Carroll	Chiodo	Cohoon
Connors	Cormack	De Boef	Dolecheck
Dotzler	Drake	Eddie	Eichhorn
Elgin	Falck	Fallon	Finch
Foege	Ford	Frevert	Garman
Gipp	Greimann	Grundberg	Hahn
Hansen	Hatch	Heaton	Hoffman
Horbach	Houser	Hoversten	Huseman
Huser	Jacobs	Jenkins	Jochum
Johnson	Kettering	Klemme	Kuhn
Larkin	Larson	Lensing	Manternach
Mascher	May	Mertz	Metcalf
Millage	Murphy	Myers	O'Brien
Osterhaus	Petersen	Quirk	Raecker
Rants	Rayhons	Rekow	Reynolds
Richardson	Roberts	Scherrman	Schrader
Seng	Shey	Shoultz	Siegrist, Spkr.
Sievers	Smith	Stevens	Sukup
Taylor, D.	Taylor, T.	Teig	Tremmel
Tymeson	Tyrrell	Van Engelenhoven	Van Fossen
Warnstadt	Weidman	Winckler	Wise
Witt	Dix,
	Presiding

The nays were, 1:

Kreiman

Absent or not voting, 1:

Bell

The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 26, 2001, passed the following bill in which the concurrence of the Senate was
asked:

House File 711, a bill for an act relating to the levy of tax assessments for drainage
or levee districts.

Also: That the Senate has on April 26, 2001, passed the following bill in which the
concurrence of the Senate was asked:

House File 715, a bill for an act relating to the administration of the tax and related
laws by the department of revenue and finance, including administration of state
individual income, corporate income, sales and use, franchise, hotel and motel,
environmental protection charge on petroleum diminution, property, cigarette and
tobacco products, and inheritance taxes, local option taxes, and including effective and
retroactive applicability date provisions.

Also: That the Senate has on April 26, 2001, amended the House amendment,
concurred in the House amendment as amended, and passed the following bill in which
the concurrence of the House is asked:

Senate File 350, a bill for an act making transportation-related Code changes
relating to temporary restricted permits and temporary entry and exit permits,
railroad crossings, the content of driver's licenses and nonoperator's identification
cards, child restraint devices in motor vehicles, hours of service, unsatisfied judgments,
and bulk liquid transport.

MICHAEL E. MARSHALL, Secretary

Appropriations Calendar

Senate File 527, a bill for an act relating to and making
appropriations to the judicial branch, with report of committee
recommending passage, was taken up for consideration.

Horbach of Tama moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.

On the question “Shall the bill pass?” (S.F. 527)

The ayes were, 91:

Alons	Arnold	Atteberry	Barry
Baudler	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Bukta	Carroll	Chiodo	Cohoon
Connors	Cormack	De Boef	Dolecheck
Dotzler	Drake	Eddie	Eichhorn
Elgin	Falck	Finch	Foege
Frevert	Garman	Gipp	Greimann
Hahn	Hansen	Heaton	Hoffman
Horbach	Hoversten	Huseman	Huser
Jacobs	Jenkins	Jochum	Johnson
Kettering	Klemme	Kuhn	Larkin
Larson	Lensing	Manternach	Mascher
May	Mertz	Metcalf	Millage
Myers	O'Brien	Osterhaus	Petersen
Quirk	Raecker	Rants	Rayhons
Rekow	Reynolds	Roberts	Scherrman
Schrader	Seng	Shey	Shoultz
Siegrist, Spkr.	Sievers	Smith	Stevens
Sukup	Taylor, D.	Taylor, T.	Teig
Tremmel	Tymeson	Tyrrell	Van Engelenhoven
Van Fossen	Warnstadt	Weidman	Winckler
Wise	Witt	Dix,
		Presiding

The nays were, 6:

Fallon	Ford	Hatch	Kreiman
Murphy	Richardson

Absent or not voting, 3:

Bell	Grundberg	Houser

Alons	Arnold	Atteberry	Barry
Baudler	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Bukta	Chiodo	Cohoon	Connors
Cormack	De Boef	Dolecheck	Dotzler
Drake	Eddie	Eichhorn	Elgin
Falck	Finch	Foege	Ford
Frevert	Garman	Gipp	Greimann
Grundberg	Hahn	Hansen	Hatch
Heaton	Hoffman	Horbach	Houser
Hoversten	Huseman	Huser	Jacobs
Jenkins	Jochum	Johnson	Kettering
Klemme	Kreiman	Kuhn	Larkin
Larson	Lensing	Manternach	Mascher
May	Mertz	Metcalf	Millage
Murphy	Myers	O'Brien	Osterhaus
Petersen	Quirk	Raecker	Rants
Rayhons	Rekow	Reynolds	Roberts
Scherrman	Seng	Shey	Shoultz
Siegrist, Spkr.	Sievers	Smith	Stevens
Sukup	Taylor, D.	Taylor, T.	Teig
Tremmel	Tymeson	Tyrrell	Van Engelenhoven
Van Fossen	Warnstadt	Weidman	Winckler
Wise	Witt	Dix,
		Presiding

The nays were, none.

Absent or not voting, 5:

Bell	Carroll	Fallon	Richardson
Schrader

The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Bukta of Clinton, for the remainder of the day, on request of Myers of Johnson.

House File 731, a bill for an act regarding certain changes
relating to the utility replacement tax, and providing for the Act's
applicability, was taken up for consideration.

Hoffman of Crawford moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.

On the question “Shall the bill pass?” (H.F. 731)

The ayes were, 92:

Alons	Arnold	Atteberry	Barry
Baudler	Boal	Boddicker	Boggess
Bradley	Broers	Carroll	Chiodo
Cohoon	Connors	Cormack	De Boef
Dolecheck	Dotzler	Drake	Eddie
Eichhorn	Elgin	Falck	Finch
Foege	Ford	Frevert	Garman
Gipp	Greimann	Grundberg	Hahn
Hansen	Hatch	Hoffman	Horbach
Houser	Hoversten	Huseman	Huser
Jacobs	Jenkins	Jochum	Johnson
Kettering	Klemme	Kreiman	Kuhn
Larkin	Larson	Lensing	Manternach
Mascher	May	Mertz	Metcalf
Millage	Murphy	Myers	O'Brien
Osterhaus	Petersen	Quirk	Raecker
Rants	Rayhons	Rekow	Reynolds
Roberts	Scherrman	Seng	Shey
Shoultz	Siegrist, Spkr.	Sievers	Smith
Stevens	Sukup	Taylor, D.	Taylor, T.
Teig	Tremmel	Tymeson	Tyrrell
Van Engelenhoven	Van Fossen	Warnstadt	Weidman
Winckler	Wise	Witt	Dix,
			Presiding

The nays were, none.

Absent or not voting, 8:

Bell	Brauns	Brunkhorst	Bukta
Fallon	Heaton	Richardson	Schrader

The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

Larson of Linn in the chair at 12:38 p.m.

Unfinished Business Calendar

Senate File 392, a bill for an act relating to appeals filed in
juvenile court proceedings, with report of committee recommending
passage, was taken up for consideration.

Broers of Cerro Gordo moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.

On the question "Shall the bill pass?" (S.F. 392)

The ayes were, 94:

Alons	Arnold	Atteberry	Barry
Baudler	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Carroll	Chiodo	Cohoon	Connors
Cormack	De Boef	Dix	Dolecheck
Dotzler	Drake	Eddie	Eichhorn
Elgin	Falck	Finch	Foege
Ford	Frevert	Garman	Gipp
Grundberg	Hahn	Hansen	Hatch
Heaton	Hoffman	Horbach	Houser
Hoversten	Huseman	Huser	Jacobs
Jenkins	Jochum	Johnson	Kettering
Klemme	Kreiman	Kuhn	Larkin
Lensing	Manternach	Mascher	May
Mertz	Metcalf	Millage	Murphy
Myers	O'Brien	Osterhaus	Petersen
Quirk	Raecker	Rants	Rayhons
Rekow	Reynolds	Roberts	Scherrman
Seng	Shey	Shoultz	Siegrist, Spkr.
Sievers	Smith	Stevens	Sukup
Taylor, D.	Taylor, T.	Teig	Tremmel
Tymeson	Tyrrell	Van Engelenhoven	Van Fossen
Warnstadt	Weidman	Winckler	Wise
Witt	Larson,
	Presiding

The nays were, none.

Absent or not voting, 6:

Bell	Bukta	Fallon	Greimann
Richardson	Schrader

The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

IMMEDIATE MESSAGES

Jacobs of Polk asked and received unanimous consent that the
following bills be immediately messaged to the Senate: House Files
722, 731 and Senate File 392.

Ways and Means Calendar

Senate File 499, a bill for an act making changes to and
reorganizing scheduled fines, with report of committee recommending
passage, was taken up for consideration.

Baudler of Adair offered amendment H(1460 filed by the
committee on judiciary as follows:

H-1460

1 Amend Senate File 499, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 24, by striking the word "ten"
4 and inserting the following: "five".
5 2. Page 1, line 26, by striking the word
6 "fifteen" and inserting the following: "ten".
7 3. Page 1, line 32, by striking the word "ten"
8 and inserting the following: "five".
9 4. Page 3, line 18, by striking the word "Thirty"
10 and inserting the following: "Twenty".
11 5. Page 3, line 20, by striking the word "Forty"
12 and inserting the following: "Thirty".
13 6. Page 3, line 22, by striking the word "Fifty"
14 and inserting the following: "Forty".
15 7. Page 3, line 24, by striking the words "Fifty
16 dollars plus five" and inserting the following:
17 "Forty dollars plus two".
18 8. Page 3, line 31, by striking the word "Thirty"
19 and inserting the following: "Twenty".
20 9. Page 3, line 33, by striking the word "Fifty"
21 and inserting the following: "Forty".
22 10. Page 3, line 35, by striking the word
23 "Seventy" and inserting the following: "Sixty".
24 11. Page 4, line 2, by striking the words
25 "Seventy dollars plus five" and inserting the
26 following: "Sixty dollars plus two".

Jacobs of Polk asked and received unanimous consent that Senate
File 499 be deferred and that the bill retain its place on the calendar.
(Amendment H-1460 pending)

Sukup of Franklin in the chair at 12:53 p.m.

House File 733, a bill for an act relating to the Iowa individual
health benefit reinsurance association and the Iowa comprehensive
health insurance association, by changing the board of directors,

membership, and assessment related to the associations, and making
changes related to adjustments in the coverage of basic and standard
health benefit plans, was taken up for consideration.

Shey of Linn moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.

On the question “Shall the bill pass?” (H.F. 733)

The ayes were, 94:

Alons	Arnold	Atteberry	Barry
Baudler	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Carroll	Chiodo	Cohoon	Connors
Cormack	De Boef	Dix	Dolecheck
Dotzler	Drake	Eddie	Eichhorn
Elgin	Falck	Finch	Foege
Ford	Frevert	Garman	Gipp
Greimann	Grundberg	Hahn	Hansen
Hatch	Heaton	Hoffman	Horbach
Houser	Hoversten	Huseman	Huser
Jacobs	Jenkins	Jochum	Johnson
Kettering	Klemme	Kreiman	Kuhn
Larkin	Larson	Lensing	Manternach
Mascher	May	Mertz	Metcalf
Millage	Murphy	Myers	O'Brien
Osterhaus	Petersen	Quirk	Rants
Rayhons	Rekow	Reynolds	Roberts
Scherrman	Seng	Shey	Shoultz
Siegrist, Spkr.	Sievers	Smith	Stevens
Taylor, D.	Taylor, T.	Teig	Tremmel
Tymeson	Tyrrell	Van Engelenhoven	Van Fossen
Warnstadt	Weidman	Winckler	Wise
Witt	Sukup,
	Presiding

The nays were, none.

Absent or not voting, 6:

Bell	Bukta	Fallon	Raecker
Richardson	Schrader

The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

IMMEDIATE MESSAGE

Jacobs of Polk asked and received unanimous consent that House
File 733 be immediately messaged to the Senate.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Mertz of Kossuth, for the remainder of the day and for Friday, April 27, 2001, on
request of Myers of Johnson; Schrader of Marion, for the remainder of the day, on
request of Myers of Johnson.

House File 727, a bill for an act relating to county mental health,
mental retardation, and developmental disabilities services provi-
sions involving capital expenditures and the funding pools in the
property tax relief fund for such services expenditures and providing
effective and retroactive applicability dates, was taken up for
consideration.

Dix of Butler in the chair at 1:11 p.m.

Carroll of Poweshiek offered the following amendment H(1691
filed by him and moved its adoption:

H-1691

1 Amend House File 727 as follows:
2 1. Page 1, by inserting before line 1 the
3 following:
4 "DIVISION I
5 ALLOWED GROWTH FUNDING POOLS"
6 2. By striking page 1, line 35 through page 2,
7 line 5 and inserting the following:
8 " (3) In the fiscal year that commenced two years
9 prior to the fiscal year of distribution, the county's
10 mental health, mental retardation, and developmental
11 disabilities services fund ending balance under
12 generally accepted accounting principles was equal to
13 or less than twenty-five percent of the county's
14 actual gross expenditures for the fiscal year that
15 commenced two years prior to the fiscal year of
16 distribution."
17 3. Page 4, by striking lines 16 through 30.
18 4. Page 5, line 2, by inserting before the word
19 "Act" the following: "division of this".

20 5. Page 5, line 4, by inserting before the word
21 "Act" the following: "division of this".
22 6. Page 5, by striking lines 7 and 8.
23 7. Page 5, line 9, by inserting before the word
24 "Act" the following: "division of this".
25 8. By striking page 5, line 22, through page 6,
26 line 6.
27 9. Title page, by striking lines 1 through 3 and
28 inserting the following: "An Act relating to mental
29 health, mental retardation, and developmental
30 disabilities service provisions, including county
31 funding".
32 10. Title page, line 4, by striking the words
33 "relief fund".
34 11. By renumbering as necessary.

Amendment H(1691 was adopted.

Carroll of Poweshiek offered the following amendment H(1718
filed by him and moved its adoption:

H-1718

1 Amend House File 727 as follows:
2 1. Page 6, by inserting after line 6 the
3 following:
4 "DIVISION ___
5 DISPUTED BILLINGS
6 Sec. . DISPUTED BILLINGS.
7 1. To the extent allowable under federal law or
8 regulation, if the costs of a service are payable in
9 whole or in part by a county in accordance with a
10 chapter of the Code listed in this section, the
11 service was rendered prior to July 1, 1997, and the
12 county that would be obligated to pay for the costs of
13 the service has not been billed for the service or has
14 disputed the billing prior to the effective date of
15 this section, or the state has fully charged off the
16 cost of the service to an appropriation made in a
17 prior fiscal year or has not provided information to
18 appropriately document the basis for the billing, the
19 county shall have no obligation to pay for the
20 service.
21 2. This section is applicable to service costs
22 that are a county obligation under the following
23 chapters of the Code:
24 a. Chapter 222.
25 b. Chapter 230.
26 c. Chapter 249A.
27 Sec. . EFFECTIVE DATE - APPLICABILITY. This
28 division of this Act, being deemed of immediate

29 importance, takes effect upon enactment."
30 2. By renumbering as necessary.

Amendment H(1718 was adopted.

Carroll of Poweshiek offered amendment H(1639 filed by him and
Huser of Polk as follows:

H-1639

1 Amend House File 727 as follows:
2 1. Page 6, by inserting before line 7, the
3 following:
4 "DIVISION ___
5 INVOLUNTARY COMMITMENT PLACEMENTS
6 Section 1. Section 229.6A, subsection 2, Code
7 2001, is amended to read as follows:
8 2. The procedural requirements of this chapter are
9 applicable to minors involved in hospitalization
10 proceedings pursuant to subsection 1 and placement
11 proceedings pursuant to section 229.14B.
12 Sec. . Section 229.13, Code 2001, is amended to
13 read as follows:
14 229.13 EVALUATION ORDER - ~~OUTPATIENT~~ TREATMENT -
15 UNAUTHORIZED DEPARTURE OR FAILURE TO APPEAR.
16 ~~If upon completion of the hearing the court finds~~
17 ~~that the contention that the respondent has a serious~~
18 ~~mental impairment is sustained by clear and convincing~~
19 ~~evidence, the court shall order a respondent whose~~
20 ~~expenses are payable in whole or in part by a county~~
21 ~~committed to the care of a hospital or facility~~
22 ~~designated through the single entry point process, and~~
23 ~~shall order any other respondent committed to the care~~
24 ~~of a hospital or a facility licensed to care for~~
25 ~~persons with mental illness or substance abuse or~~
26 ~~under the care of a facility that is licensed to care~~
27 ~~for persons with mental illness or substance abuse on~~
28 ~~an outpatient basis as expeditiously as possible for a~~
29 ~~complete psychiatric evaluation and appropriate~~
30 ~~treatment.~~
31 1. If upon completion of the hospitalization
32 hearing the court finds by clear and convincing
33 evidence that the respondent has a serious mental
34 impairment, the court shall order the respondent
35 committed as expeditiously as possible for a complete
36 psychiatric evaluation and appropriate treatment as
37 follows:
38 a. The court shall order a respondent whose
39 expenses are payable in whole or in part by a county
40 placed under the care of an appropriate hospital or
41 facility licensed to care for persons with mental

42 illness or substance abuse designated through the
43 single entry point process on an inpatient or
44 outpatient basis.
45 b. The court shall order any other respondent
46 placed under the care of an appropriate hospital or
47 facility licensed to care for persons with mental
48 illness or substance abuse on an inpatient or
49 outpatient basis.
50 2. The court shall provide notice to the

Page 2

1 respondent and the respondent's attorney of the
2 placement order under subsection 1. The court shall
3 advise the respondent and the respondent's attorney
4 that the respondent has a right to request a placement
5 hearing held in accordance with the requirements of
6 section 229.14B.
7 3. If the respondent is ordered at ~~the~~ a hearing
8 to undergo outpatient treatment, the outpatient
9 treatment provider must be notified and agree to
10 provide the treatment prior to placement of the
11 respondent under the treatment provider's care.
12 4. The court shall furnish to the chief medical
13 officer of the hospital or facility at the time the
14 respondent arrives at the hospital or facility for
15 inpatient or outpatient treatment a written finding of
16 fact setting forth the evidence on which the finding
17 is based. If the respondent is ordered to undergo
18 outpatient treatment, the order shall also require the
19 respondent to cooperate with the treatment provider
20 and comply with the course of treatment.
21 5. The chief medical officer of the hospital or
22 facility at which the respondent is placed shall
23 report to the court no more than fifteen days after
24 the ~~individual~~ respondent is ~~admitted to or~~ placed
25 ~~under the care of the hospital or facility~~, making a
26 recommendation for disposition of the matter. An
27 extension of time may be granted, ~~for~~ not to exceed
28 seven days upon a showing of cause. A copy of the
29 report shall be sent to the respondent's attorney, who
30 may contest the need for an extension of time if one
31 is requested. ~~Extension~~ An extension of time shall be
32 granted upon request unless the request is contested,
33 in which case the court shall make such inquiry as it
34 deems appropriate and may either order the
35 respondent's release from the hospital or facility or
36 grant extension of time for psychiatric evaluation.
37 If the chief medical officer fails to report to the
38 court within fifteen days after the individual is
39 ~~admitted to or~~ placed under the care of the hospital
40 or facility, and no an extension of time has not been

41 requested, the chief medical officer is guilty of
42 contempt and shall be punished under chapter 665. The
43 court shall order a rehearing on the application to
44 determine whether the respondent should continue to be
45 ~~held~~ detained at or placed under the care of the
46 facility.
47 6. If, after placement ~~and admission~~ of a
48 respondent in or under the care of a hospital or other
49 suitable facility for inpatient treatment, the
50 respondent departs from the hospital or facility or

Page 3

1 fails to appear for treatment as ordered without prior
2 proper authorization from the chief medical officer,
3 upon receipt of notification of the respondent's
4 departure or failure to appear by the chief medical
5 officer, a peace officer of the state shall without
6 further order of the court exercise all due diligence
7 to take the respondent into protective custody and
8 return the respondent to the hospital or facility.
9 Sec. . Section 229.14, Code 2001, is amended to
10 read as follows:
11 229.14 CHIEF MEDICAL OFFICER'S REPORT.
12 1. The chief medical officer's report to the court
13 on the psychiatric evaluation of the respondent shall
14 be made not later than the expiration of the time
15 specified in section 229.13. At least two copies of
16 the report shall be filed with the clerk, who shall
17 dispose of them in the manner prescribed by section
18 229.10, subsection 2. The report shall state one of
19 the four following alternative findings:
20 1. a. That the respondent does not, as of the date
21 of the report, require further treatment for serious
22 mental impairment. If the report so states, the court
23 shall order the respondent's immediate release from
24 involuntary hospitalization and terminate the
25 proceedings.
26 2. b. That the respondent is seriously mentally
27 impaired and in need of full-time custody, care and
28 inpatient treatment in a hospital, and is considered
29 likely to benefit from treatment. ~~If the report so~~
30 ~~states, the court shall enter an order which may~~
31 ~~require the respondent's continued hospitalization for~~
32 ~~appropriate treatment.~~ The report shall include the
33 chief medical officer's recommendation for further
34 treatment.
35 3. c. That the respondent is seriously mentally
36 impaired and in need of treatment, but does not
37 require full-time hospitalization. If the report so
38 states, it shall include the chief medical officer's
39 recommendation for treatment of the respondent on an

40 outpatient or other appropriate basis~~, and the court~~
41 ~~shall enter an order which may direct the respondent~~
42 ~~to submit to the recommended treatment~~. ~~The order~~
43 ~~shall provide that if the respondent fails or refuses~~
44 ~~to submit to treatment as directed by the court's~~
45 ~~order, the court may order that the respondent be~~
46 ~~taken into immediate custody as provided by section~~
47 ~~229.11 and, following notice and hearing held in~~
48 ~~accordance with the procedures of section 229.12, may~~
49 ~~order the respondent treated as a patient requiring~~
50 ~~full-time custody, care, and treatment in a hospital~~

Page 4

1 ~~until such time as the chief medical officer reports~~
2 ~~that the respondent does not require further treatment~~
3 ~~for serious mental impairment or has indicated the~~
4 ~~respondent is willing to submit to treatment on~~
5 ~~another basis as ordered by the court. If a patient~~
6 ~~is transferred for treatment to another provider under~~
7 ~~this subsection, the treatment provider who will be~~
8 ~~providing the outpatient or other appropriate~~
9 ~~treatment shall be provided with relevant court orders~~
10 ~~by the former treatment provider.~~
11 4. d. The respondent is seriously mentally
12 impaired and in need of full-time custody and care,
13 but is unlikely to benefit from further inpatient
14 treatment in a hospital. ~~If the report so states, the~~
15 The report shall include the chief medical ~~officer~~
16 officer's ~~shall recommend~~ recommendation for an
17 alternative placement for the respondent ~~and the court~~
18 ~~shall enter an order which may direct the respondent's~~
19 ~~transfer to the recommended placement~~.
20 2. Following receipt of the chief medical
21 officer's report under subsection 1, paragraph "b",
22 "c", or "d", the court shall issue an order for
23 appropriate treatment as follows:
24 a. For a respondent whose expenses are payable in
25 whole or in part by a county, placement as designated
26 through the single entry point process in the care of
27 an appropriate hospital or facility on an inpatient or
28 outpatient basis, or other appropriate treatment, or
29 in an alternative placement.
30 b. For any other respondent, placement in the care
31 of an appropriate hospital or facility on an inpatient
32 or outpatient basis, or other appropriate treatment,
33 or an alternative placement.
34 c. ~~A For a~~ respondent who is an inmate in the
35 custody of the department of corrections ~~may, as a~~
36 ~~court-ordered alternative placement~~, the court may
37 order the respondent to receive mental health services
38 in a correctional program. ~~If the court or the~~

39 ~~respondent's attorney considers the placement~~
40 ~~inappropriate, an alternative placement may be~~
41 ~~arranged upon consultation with the chief medical~~
42 ~~officer and approval of the court.~~
43 d. If the court orders treatment of the respondent
44 on an outpatient or other appropriate basis as
45 described in the chief medical officer's report
46 pursuant to subsection 1, paragraph "c", the order
47 shall provide that, should the respondent fail or
48 refuse to submit to treatment in accordance with the
49 court's order, the court may order that the respondent
50 be taken into immediate custody as provided by section

Page 5

1 229.11 and, following notice and hearing held in
2 accordance with the procedures of section 229.12, may
3 order the respondent treated as on an inpatient basis
4 requiring full-time custody, care, and treatment in a
5 hospital until such time as the chief medical officer
6 reports that the respondent does not require further
7 treatment for serious mental impairment or has
8 indicated the respondent is willing to submit to
9 treatment on another basis as ordered by the court.
10 If a patient is transferred for treatment to another
11 provider under this paragraph, the treatment provider
12 who will be providing the outpatient or other
13 appropriate treatment shall be provided with relevant
14 court orders by the former treatment provider.
15 Sec. . Section 229.14A, Code 2001, is amended
16 to read as follows:
17 229.14A ESCAPE FROM CUSTODY.
18 A person who is placed in a hospital or other
19 suitable facility for evaluation under section 229.13
20 or who is required to remain hospitalized for
21 treatment under section 229.14~~, subsection 2,~~ shall
22 remain at that hospital or facility unless discharged
23 or otherwise permitted to leave by the court or the
24 chief medical officer of the hospital or facility. If
25 a person placed at a hospital or facility or required
26 to remain at a hospital or facility leaves the
27 facility without permission or without having been
28 discharged, the chief medical officer may notify the
29 sheriff of the person's absence and the sheriff shall
30 take the person into custody and return the person
31 promptly to the hospital or facility.
32 Sec. . NEW SECTION. 229.14B PLACEMENT ORDER
33 - NOTICE AND HEARING.
34 1. With respect to a chief medical officer's
35 report made pursuant to section 229.14, subsection 1,
36 paragraph "b", "c", or "d", or any other provision of
37 this chapter related to involuntary commitment for

38 which the court issues a placement order or a transfer
39 of placement is authorized, the court shall provide
40 notice to the respondent and the respondent's attorney
41 or mental health advocate pursuant to section 229.19
42 concerning the placement order and the respondent's
43 right to request a placement hearing to determine if
44 the order for placement or transfer of placement is
45 appropriate.
46 2. The notice shall provide that a request for a
47 placement hearing must be in writing and filed with
48 the clerk within seven days of issuance of the
49 placement order.
50 3. A request for a placement hearing may be signed

Page 6

1 by the respondent, the respondent's next friend,
2 guardian, or attorney.
3 4. The court, on its own motion, may order a
4 placement hearing to be held.
5 5. a. A placement hearing shall be held no sooner
6 than four days and no later than seven days after the
7 request for the placement hearing is filed unless
8 otherwise agreed to by the parties.
9 b. The respondent may be transferred to the
10 placement designated by the court's placement order
11 and receive treatment unless a request for hearing is
12 filed prior to the transfer. If the request for a
13 placement hearing is filed prior to the transfer, the
14 court shall determine where the respondent shall be
15 detained and treated until the date of the hearing.
16 c. If the respondent's attorney has withdrawn
17 pursuant to section 229.19, the court shall appoint an
18 attorney for the respondent in the manner described in
19 section 229.8, subsection 1.
20 6. Time periods shall be calculated for the
21 purposes of this section excluding weekends and
22 official holidays.
23 7. If a respondent's expenses are payable in whole
24 or in part by a county through the single entry point
25 process, notice of a placement hearing shall be
26 provided to the county attorney and the county's
27 single entry point process administrator. At the
28 hearing, the county may present evidence regarding
29 appropriate placement.
30 8. In a placement hearing, the court shall
31 determine a placement for the respondent in accordance
32 with the requirements of section 229.23, taking into
33 consideration the evidence presented by all the
34 parties.
35 9. A placement made pursuant to an order entered
36 under section 229.13 or 229.14 or this section shall

37 be considered to be authorized through the single
38 entry point process.
39 Sec. . Section 229.15, subsections 1 through 3,
40 Code 2001, are amended to read as follows:
41 1. Not more than thirty days after entry of an
42 order for continued hospitalization of a patient under
43 section 229.14, subsection 2 1, paragraph "b", and
44 thereafter at successive intervals of not more than
45 sixty days continuing so long as involuntary
46 hospitalization of the patient continues, the chief
47 medical officer of the hospital shall report to the
48 court which entered the order. The report shall be
49 submitted in the manner required by section 229.14,
50 shall state whether the patient's condition has

Page 7

1 improved, remains unchanged, or has deteriorated, and
2 shall indicate if possible the further length of time
3 the patient will be required to remain at the
4 hospital. The chief medical officer may at any time
5 report to the court a finding as stated in section
6 229.14, subsection 4 1, and the court shall act
7 ~~thereon~~ upon the finding as required by ~~that~~ section
8 229.14, subsection 2.
9 2. Not more than sixty days after the entry of a
10 court order for treatment of a patient pursuant to a
11 report issued under section 229.14, subsection 3 1,
12 paragraph "c", and thereafter at successive intervals
13 as ordered by the court but not to exceed ninety days
14 so long as that court order remains in effect, the
15 medical director of the facility treating the patient
16 shall report to the court which entered the order.
17 The report shall state whether the patient's condition
18 has improved, remains unchanged, or has deteriorated,
19 and shall indicate if possible the further length of
20 time the patient will require treatment by the
21 facility. If at any time the patient without good
22 cause fails or refuses to submit to treatment as
23 ordered by the court, the medical director shall at
24 once so notify the court, which shall order the
25 patient hospitalized as provided by section 229.14,
26 subsection 3 2, paragraph "d", unless the court finds
27 that the failure or refusal was with good cause and
28 that the patient is willing to receive treatment as
29 provided in the court's order, or in a revised order
30 if the court sees fit to enter one. If at any time
31 the medical director reports to the court that in the
32 director's opinion the patient requires full-time
33 custody, care and treatment in a hospital, and the
34 patient is willing to be admitted voluntarily to the
35 hospital for these purposes, the court may enter an

36 order approving hospitalization for appropriate
37 treatment upon consultation with the chief medical
38 officer of the hospital in which the patient is to be
39 hospitalized. If the patient is unwilling to be
40 admitted voluntarily to the hospital, the procedure
41 for determining involuntary hospitalization, as set
42 out in section 229.14, subsection 3 2, paragraph "d",
43 shall be followed.
44 3. When a patient has been placed in a an
45 alternative facility other than a hospital pursuant to
46 a report issued under section 229.14, subsection 4 1,
47 paragraph "d", a report on the patient's condition and
48 prognosis shall be made to the court which placed the
49 patient, at least once every six months, unless the
50 court authorizes annual reports. If an evaluation of

Page 8

1 the patient is performed pursuant to section 227.2,
2 subsection 4, a copy of the evaluation report shall be
3 submitted to the court within fifteen days of the
4 evaluation's completion. The court may in its
5 discretion waive the requirement of an additional
6 report between the annual evaluations. If the
7 administrator exercises the authority to remove
8 residents from a county care facility or other county
9 or private institution under section 227.6, the
10 administrator shall promptly notify each court which
11 placed in that facility any resident so removed.
12 Sec. . Section 229.15, subsection 4, Code 2001,
13 is amended by striking the subsection and inserting in
14 lieu thereof the following:
15 4. a. When in the opinion of the chief medical
16 officer the best interest of a patient would be served
17 by a convalescent or limited leave, the chief medical
18 officer may authorize the leave and, if authorized,
19 shall promptly report the leave to the court. When in
20 the opinion of the chief medical officer the best
21 interest of a patient would be served by a transfer to
22 a different hospital for continued full-time custody,
23 care, and treatment, the chief medical officer shall
24 promptly send a report to the court. The court shall
25 act upon the report in accordance with section
26 229.14B.
27 b. This subsection shall not be construed to add
28 to or restrict the authority otherwise provided by law
29 for transfer of patients or residents among various
30 state institutions administered by the department of
31 human services. If a patient is transferred under
32 this subsection, the treatment provider to whom the
33 patient is transferred shall be provided with copies
34 of relevant court orders by the former treatment

35 provider.
36 Sec. . Section 229.16, Code 2001, is amended to
37 read as follows:
38 229.16 DISCHARGE AND TERMINATION OF PROCEEDING.
39 When the condition of a patient who is hospitalized
40 pursuant to a report issued under section 229.14,
41 subsection 2 1, paragraph "b", or is receiving
42 treatment pursuant to a report issued under section
43 229.14, subsection 3 1, paragraph "c", or is in full-
44 time care and custody pursuant to a report issued
45 under section 229.14, subsection 4 1, paragraph "d",
46 is such that in the opinion of the chief medical
47 officer the patient no longer requires treatment or
48 care for serious mental impairment, the chief medical
49 officer shall tentatively discharge the patient and
50 immediately report that fact to the court which

Page 9

1 ordered the patient's hospitalization or care and
2 custody. ~~The court shall thereupon~~ Upon receiving the
3 report, the court shall issue an order confirming the
4 patient's discharge from the hospital or from care and
5 custody, as the case may be, and shall terminate the
6 proceedings pursuant to which the order was issued.
7 Copies of the order shall be sent by regular mail to
8 the hospital, the patient, and the applicant if the
9 applicant has filed a written waiver signed by the
10 patient.
11 Sec. . Section 229.17, Code 2001, is amended to
12 read as follows:
13 229.17 STATUS OF RESPONDENT DURING APPEAL.
14 ~~Where~~ If a respondent appeals to the supreme court
15 from a finding that the contention the respondent is
16 seriously mentally impaired has been sustained, and
17 the respondent was previously ordered taken into
18 immediate custody under section 229.11 or has been
19 hospitalized for psychiatric evaluation and
20 appropriate treatment under section 229.13 before the
21 court is informed of intent to appeal its finding, the
22 respondent shall remain in custody as previously
23 ordered by the court, the time limit stated in section
24 229.11 notwithstanding, or shall remain in the
25 hospital subject to compliance by the hospital with
26 sections 229.13 to 229.16, as the case may be, unless
27 the supreme court orders otherwise. If a respondent
28 appeals to the supreme court regarding a placement
29 order, the respondent shall remain in placement unless
30 the supreme court orders otherwise.
31 Sec. . Section 229.21, subsection 3, Code 2001,
32 is amended by adding the following new paragraph:
33 NEW PARAGRAPH. d. Any respondent with respect to

34 whom the magistrate or judicial hospitalization
35 referee has held a placement hearing and has entered a
36 placement order may appeal the order to a judge of the
37 district court. The request for appeal must be given
38 to the clerk in writing within ten days of the entry
39 of the magistrate's or referee's order. The request
40 for appeal shall be signed by the respondent, or the
41 respondent's next friend, guardian, or attorney.
42 Sec. . Section 229.28, Code 2001, is amended to
43 read as follows:
44 229.28 HOSPITALIZATION IN CERTAIN FEDERAL
45 FACILITIES.
46 When a court finds that the contention that a
47 respondent is seriously mentally impaired has been
48 sustained or proposes to order continued
49 hospitalization of any person, or an alternative
50 placement, as described under section 229.14,

Page 10

1 subsection ~~2 or 4~~ 1, paragraph "b" or "d", and the
2 court is furnished evidence that the respondent or
3 patient is eligible for care and treatment in a
4 facility operated by the veterans administration or
5 another agency of the United States government and
6 that the facility is willing to receive the respondent
7 or patient, the court may so order. The respondent or
8 patient, when so hospitalized or placed in a facility
9 operated by the veterans administration or another
10 agency of the United States government within or
11 outside of this state, shall be subject to the rules
12 of the veterans administration or other agency, but
13 shall not thereby lose any procedural rights afforded
14 the respondent or patient by this chapter. The chief
15 officer of the facility shall have, with respect to
16 the person so hospitalized or placed, the same powers
17 and duties as the chief medical officer of a hospital
18 in this state would have in regard to submission of
19 reports to the court, retention of custody, transfer,
20 convalescent leave or discharge. Jurisdiction is
21 retained in the court to maintain surveillance of the
22 person's treatment and care, and at any time to
23 inquire into that person's mental condition and the
24 need for continued hospitalization or care and
25 custody.
26 Sec. . CODIFICATION. The Code editor shall
27 transfer section 229.14A, Code 2001, as amended by
28 this Act to section 229.14B, and shall codify section
29 229.14B, as enacted by this Act, as section 229.14A.
30 DIVISION ___
31 RELATED PROVISIONS
32 Sec. . Section 225.27, Code 2001, is amended to

33 read as follows:
34 225.27 DISCHARGE - TRANSFER.
35 The state psychiatric hospital may, at any time,
36 discharge any patient as recovered, as improved, or as
37 not likely to be benefited by further treatment. If
38 the patient being so discharged was involuntarily
39 hospitalized, the hospital shall notify the committing
40 judge or court ~~thereof~~ of the discharge as required by
41 section 229.14~~, subsection 3~~ or section 229.16,
42 whichever is applicable. Upon receiving the
43 notification, the court shall issue an order
44 confirming the patient's discharge from the hospital
45 or from care and custody, as the case may be, and
46 shall terminate the proceedings pursuant to which the
47 order was issued. The court or judge shall, if
48 necessary, appoint ~~some~~ a person to accompany the
49 discharged patient from the state psychiatric hospital
50 to such place as the hospital or the court may

Page 11

1 designate, or authorize the hospital to appoint such
2 attendant.
3 Sec. . Section 226.26, Code 2001, is amended to
4 read as follows:
5 226.26 DANGEROUS PATIENTS.
6 The administrator, on the recommendation of the
7 superintendent, and on the application of the
8 relatives or friends of a patient who is not cured and
9 who cannot be safely allowed to go at liberty, may
10 release ~~such~~ the patient when fully satisfied that
11 ~~such~~ the relatives or friends will provide and
12 maintain all necessary supervision, care, and
13 restraint over ~~such~~ the patient. If the patient being
14 so released was involuntarily hospitalized, the
15 consent of the district court which ordered the
16 patient's hospitalization placement shall be obtained
17 in advance in substantially the manner prescribed by
18 section 229.14~~, subsection 3~~.
19 Sec. . Section 226.33, Code 2001, is amended to
20 read as follows:
21 226.33 NOTICE TO COURT.
22 When a patient who was hospitalized involuntarily
23 and who has not fully recovered is discharged from the
24 hospital by the administrator under section 226.32,
25 notice of the order shall at once be sent to the court
26 which ordered the patient's hospitalization, in the
27 manner prescribed by section 229.14~~, subsection 4~~.
28 Sec. . Section 227.11, Code 2001, is amended to
29 read as follows:
30 227.11 TRANSFERS FROM STATE HOSPITALS.
31 a county chargeable with the expense of a patient

32 in a state hospital for persons with mental illness
33 shall ~~remove such~~ facilitate the transfer of the
34 patient to a county or private institution for persons
35 with mental illness ~~which has complied~~ that is in
36 compliance with the ~~aforesaid~~ applicable rules when
37 the administrator of the division or the
38 administrator's designee so orders the transfer on a
39 finding that ~~said~~ the patient is suffering from
40 chronic mental illness or from senility and will
41 receive equal benefit by being so transferred. A
42 county shall ~~remove~~ facilitate the transfer to its
43 county care facility of any patient in a state
44 hospital for persons with mental illness upon request
45 of the superintendent of the state hospital in which
46 the patient is confined pursuant to the
47 superintendent's authority under section 229.15,
48 subsection 4, and approval by the board of supervisors
49 of the county of the patient's residence. In no case
50 shall a patient be thus transferred except upon

Page 12

1 compliance with section ~~229.14, subsection 4,~~ 229.14B
2 or without the written consent of a relative, friend,
3 or guardian if such relative, friend, or guardian pays
4 the expense of the care of such patient in a state
5 hospital. Patients transferred to a public or private
6 facility under this section may subsequently be placed
7 on convalescent or limited leave or transferred to a
8 different facility for continued full-time custody,
9 care, and treatment when, in the opinion of the
10 attending physician or the chief medical officer of
11 the hospital from which the patient was so
12 transferred, the best interest of the patient would be
13 served by such leave or transfer. ~~However, if the~~
14 ~~patient was originally hospitalized involuntarily, the~~
15 ~~leave or transfer shall be made in compliance with~~
16 ~~section 229.15, subsection 4.~~ For any patient who is
17 involuntarily committed, any transfer made under this
18 section is subject to the placement hearing
19 requirements of section 229.14B."
20 2. Title page, line 4, by inserting after the
21 word "expenditures" the following: "and placements of
22 persons with serious mental impairments and".
23 3. By renumbering as necessary.

Kreiman of Davis offered the following amendment H(1735, to
amendment H(1639, filed by Kreiman, Carroll of Poweshiek, and
Huser of Polk from the floor and moved its adoption:

H-1735

1 Amend the amendment, H-1639, to House File 727 as
2 follows:
3 1. Page 1, by striking lines 41 and 42 and
4 inserting the following: "facility designated through
5 the".
6 2. Page 4, line 17, by inserting before the word
7 "alternative" the following: "appropriate".
8 3. Page 4, line 29, by inserting before the word
9 "alternative" the following: "appropriate".
10 4. Page 4, line 33, by inserting before the word
11 "alternative" the following: "appropriate".
12 5. Page 11, line 33, by striking the words
13 "facilitate the transfer of the" and inserting the
14 following: "transfer the".
15 6. Page 11, by striking lines 42 and 43 and
16 inserting the following: "county shall ~~remove~~
17 transfer to its county care facility any patient in a
18 state".

Amendment H(1735 was adopted.

Carroll of Poweshiek asked and received unanimous consent that
amendment H-1734, to amendment H-1639, be deferred.

Carroll of Poweshiek asked and received unanimous consent that
amendment H-1639, as amended, be deferred.

Carroll of Poweshiek offered the following amendment H(1675
filed by him and moved its adoption:

H-1675

1 Amend House File 727 as follows:
2 1. Page 6, by inserting after line 6, the
3 following:
4 "DIVISION ___
5 COUNTY BILLING RESPONSIBILITIES
6 Sec. . Section 222.2, Code 2001, is amended by
7 adding the following new subsection:
8 NEW SUBSECTION. 2A. "Department" means the
9 department of human services.
10 Sec. . Section 222.73, subsection 1, unnumbered
11 paragraph 1, Code 2001, is amended to read as follows:
12 The superintendent of each resource center and
13 special unit shall compute by February 1 the average
14 daily patient charge and outpatient treatment charges

15 for which each county will be billed for services
16 provided to patients chargeable to the county during
17 the fiscal year beginning the following July 1. The
18 department shall certify the amount of the charges to
19 ~~the director of revenue and finance~~ and notify the
20 counties of the billing charges.
21 Sec. . Section 222.73, subsection 2, unnumbered
22 paragraph 1, Code 2001, is amended to read as follows:
23 The superintendent shall certify to the ~~director of~~
24 ~~revenue and finance~~ department the billings to each
25 county for services provided to patients chargeable to
26 the county during the preceding calendar quarter. The
27 county billings shall be based on the average daily
28 patient charge and outpatient treatment charges
29 computed pursuant to subsection 1, and the number of
30 inpatient days and outpatient treatment service units
31 chargeable to the county. The billings to a county of
32 legal settlement are subject to adjustment for all of
33 the following circumstances:
34 Sec. . Section 222.73, subsection 4, Code 2001,
35 is amended to read as follows:
36 4. The department shall certify to ~~the director of~~
37 ~~revenue and finance and~~ the counties by February 1 the
38 actual per-patient-per-day costs, as computed pursuant
39 to subsection 3, and the actual costs owed by each
40 county for the immediately preceding calendar year for
41 patients chargeable to the county. If the actual
42 costs owed by the county are greater than the charges
43 billed to the county pursuant to subsection 2, the
44 ~~director of revenue and finance~~ department shall bill
45 the county for the difference with the billing for the
46 quarter ending June 30. If the actual costs owed by
47 the county are less than the charges billed to the
48 county pursuant to subsection 2, the ~~director of~~
49 ~~revenue and finance~~ department shall credit the county
50 for the difference starting with the billing for the

Page 2

1 quarter ending June 30.
2 Sec. . Section 222.74, Code 2001, is amended to
3 read as follows:
4 222.74 DUPLICATE TO COUNTY.
5 When certifying to the ~~director of revenue and~~
6 ~~finance~~ department amounts to be charged against each
7 county as provided in section 222.73, the
8 superintendent shall send to the county auditor of
9 each county against which the superintendent has so
10 certified any amount, a duplicate of the ~~certificate~~
11 certification statement. The county auditor upon
12 receipt of the duplicate ~~certificate~~ certification
13 statement shall enter it to the credit of the state in

14 the ledger of state accounts, and shall immediately
15 issue a notice to the county treasurer authorizing the
16 treasurer to transfer the amount from the county fund
17 to the general state revenue. The county treasurer
18 shall file the notice as authority for making the
19 transfer and shall include the amount transferred in
20 the next remittance of state taxes to the treasurer of
21 state, designating the fund to which the amount
22 belongs.
23 Sec. . Section 222.75, Code 2001, is amended to
24 read as follows:
25 222.75 DELINQUENT PAYMENTS - PENALTY.
26 ~~Should any~~ If a county ~~fail~~ fails to pay ~~the bills~~
27 a billed charge within forty-five days from the date
28 the county auditor received the ~~certificate~~
29 certification statement from the superintendent
30 pursuant to section 222.74, the ~~director of revenue~~
31 ~~and finance~~ department may charge the delinquent
32 county a penalty of not greater than one percent per
33 month on and after forty-five days from the date the
34 county auditor received the ~~certificate~~ certification
35 statement until paid.
36 Sec. . Section 222.79, Code 2001, is amended to
37 read as follows:
38 222.79 CERTIFICATION STATEMENT PRESUMED CORRECT.
39 In actions to enforce the liability imposed by
40 section 222.78, the ~~certificate~~ certification
41 statement sent from the superintendent to the county
42 auditor pursuant to section 222.74 stating the sums
43 charged in such cases shall be presumptively correct.
44 Sec. . Section 229.41, Code 2001, is amended to
45 read as follows:
46 229.41 VOLUNTARY ADMISSION.
47 Persons making application pursuant to section
48 229.2 on their own behalf or on behalf of another
49 person who is under eighteen years of age, if the
50 person whose admission is sought is received for

Page 3

1 observation and treatment on the application, shall be
2 required to pay the costs of hospitalization at rates
3 established by the administrator. The costs may be
4 collected weekly in advance and shall be payable at
5 the business office of the hospital. The collections
6 shall be remitted to the ~~director of revenue and~~
7 ~~finance~~ department of human services monthly to be
8 credited to the general fund of the state.
9 Sec. . Section 229.42, Code 2001, is amended to
10 read as follows:
11 229.42 COSTS PAID BY COUNTY.
12 If a person wishing to make application for

13 voluntary admission to a mental hospital established
14 by chapter 226 is unable to pay the costs of
15 hospitalization or those responsible for the person
16 are unable to pay the costs, application for
17 authorization of voluntary admission must be made
18 through a single entry point process before
19 application for admission is made to the hospital.
20 The person's county of legal settlement shall be
21 determined through the single entry point process and
22 if the admission is approved through the single entry
23 point process, the person's admission to a mental
24 health hospital shall be authorized as a voluntary
25 case. The authorization shall be issued on forms
26 provided by the administrator. The costs of the
27 hospitalization shall be paid by the county of legal
28 settlement to the ~~director of revenue and finance~~
29 department of human services and credited to the
30 general fund of the state, providing the mental health
31 hospital rendering the services has certified to the
32 county auditor of the county of legal settlement the
33 amount chargeable to the county and has sent a
34 duplicate statement of the charges to the ~~director of~~
35 ~~revenue and finance~~ department of human services. A
36 county shall not be billed for the cost of a patient
37 unless the patient's admission is authorized through
38 the single entry point process. The mental health
39 institute and the county shall work together to locate
40 appropriate alternative placements and services, and
41 to educate patients and family members of patients
42 regarding such alternatives.
43 All the provisions of chapter 230 shall apply to
44 such voluntary patients so far as is applicable.
45 The provisions of this section and of section
46 229.41 shall apply to all voluntary inpatients or
47 outpatients either away from or at the institution
48 ~~heretofore or hereafter~~ receiving mental health
49 services.
50 ~~Should any~~ If a county ~~fail~~ fails to pay ~~these~~

Page 4

1 ~~bills~~ the billed charges within forty-five days from
2 the date the county auditor received the ~~certificate~~
3 certification statement from the superintendent, the
4 ~~director of revenue and finance~~ department of human
5 services shall charge the delinquent county the
6 penalty of one percent per month on and after forty-
7 five days from the date the county received the
8 ~~certificate~~ certification statement until paid. ~~Such~~
9 The penalties received shall be credited to the
10 general fund of the state.
11 Sec. . Section 230.20, subsection 1, unnumbered

12 paragraph 1, Code 2001, is amended to read as follows:
13 The superintendent of each mental health institute
14 shall compute by February 1 the average daily patient
15 charges and other service charges for which each
16 county will be billed for services provided to
17 patients chargeable to the county during the fiscal
18 year beginning the following July 1. The department
19 shall certify the amount of the charges ~~to the~~
20 ~~director of revenue and finance~~ and notify the
21 counties of the billing charges.
22 Sec. . Section 230.20, subsection 2, paragraph
23 a, Code 2001, is amended to read as follows:
24 a. The superintendent shall certify to the
25 ~~director of revenue and finance~~ department the
26 billings to each county for services provided to
27 patients chargeable to the county during the preceding
28 calendar quarter. The county billings shall be based
29 on the average daily patient charge and other service
30 charges computed pursuant to subsection 1, and the
31 number of inpatient days and other service units
32 chargeable to the county. However, a county billing
33 shall be decreased by an amount equal to reimbursement
34 by a third party payor or estimation of such
35 reimbursement from a claim submitted by the
36 superintendent to the third party payor for the
37 preceding calendar quarter. When the actual third
38 party payor reimbursement is greater or less than
39 estimated, the difference shall be reflected in the
40 county billing in the calendar quarter the actual
41 third party payor reimbursement is determined.
42 Sec. . Section 230.20, subsections 4 and 5,
43 Code 2001, are amended to read as follows:
44 4. The department shall certify to the ~~director of~~
45 ~~revenue and finance and the~~ counties by February 1 the
46 actual per-patient-per-day costs, as computed pursuant
47 to subsection 3, and the actual costs owed by each
48 county for the immediately preceding calendar year for
49 patients chargeable to the county. If the actual
50 costs owed by the county are greater than the charges

Page 5

1 billed to the county pursuant to subsection 2, the
2 ~~director of revenue and finance~~ department shall bill
3 the county for the difference with the billing for the
4 quarter ending June 30. If the actual costs owed by
5 the county are less than the charges billed to the
6 county pursuant to subsection 2, the ~~director of~~
7 ~~revenue and finance~~ department shall credit the county
8 for the difference starting with the billing for the
9 quarter ending June 30.
10 5. An individual statement shall be prepared for a

11 patient on or before the fifteenth day of the month
12 following the month in which the patient leaves the
13 mental health institute, and a general statement shall
14 be prepared at least quarterly for each county to
15 which charges are made under this section. Except as
16 otherwise required by sections 125.33 and 125.34 the
17 general statement shall list the name of each patient
18 chargeable to that county who was served by the mental
19 health institute during the preceding month or
20 calendar quarter, the amount due on account of each
21 patient, and the specific dates for which any third
22 party payor reimbursement received by the state is
23 applied to the statement and billing, and the county
24 shall be billed for eighty percent of the stated
25 charge for each patient specified in this subsection.
26 The statement prepared for each county shall be
27 certified by the department ~~to the director of revenue~~
28 ~~and finance~~ and a duplicate statement shall be mailed
29 to the auditor of that county.
30 Sec. . Section 230.22, Code 2001, is amended to
31 read as follows:
32 230.22 PENALTY.
33 Should any county fail to pay the amount billed by
34 a statement submitted pursuant to section 230.20
35 within forty-five days from the date the statement is
36 received by the county, the ~~director of revenue and~~
37 ~~finance~~ department shall charge the delinquent county
38 the penalty of one percent per month on and after
39 forty-five days from the date the statement is
40 received by the county until paid. Provided, however,
41 that the penalty shall not be imposed if the county
42 has notified the ~~director of revenue and finance~~
43 department of error or questionable items in the
44 billing, in which event, the ~~director of revenue and~~
45 ~~finance~~ department shall suspend the penalty only
46 during the period of negotiation.
47 Sec. . Section 230.34, Code 2001, is amended by
48 adding the following new subsection:
49 NEW SUBSECTION. 4. As used in this chapter,
50 unless the context otherwise requires, "department"

Page 6

1 means the department of human services."
2 2. By renumbering as necessary.

Amendment H(1675 was adopted.

Carroll of Poweshiek asked and received unanimous consent to
withdraw amendment H-1681 filed by him on April 24, 2001.

Grundberg of Polk offered the following amendment H(1695 filed
by her and Carroll of Poweshiek, and moved its adoption:

H-1695

1 Amend House File 727 as follows:
2 1. Page 6, by inserting before line 7 the
3 following:
4 "DIVISION ___
5 ACCREDITATION STANDARDS
6 Sec. . Section 225C.6, subsection 1, paragraph
7 e, Code 2001, is amended to read as follows:
8 e. ~~If no other person~~ Unless another governmental
9 body sets standards for a service available to persons
10 with disabilities, adopt state standards for that
11 service. The commission shall provide that a service
12 provider's compliance with standards for a service set
13 by a nationally recognized body shall be deemed to be
14 in compliance with the state standards adopted by the
15 commission for that service. The commission shall
16 adopt state standards for those residential and
17 community-based providers of services to persons with
18 mental illness or developmental disabilities that are
19 not otherwise subject to licensure by the department
20 of human services or department of inspections and
21 appeals, including but not limited to services payable
22 under the adult rehabilitation option of the medical
23 assistance program and other services payable from
24 funds credited to a county mental health, mental
25 retardation, and developmental disabilities services
26 fund created in section 331.424A. In addition, the
27 commission shall review the licensing standards used
28 by the department of human services or department of
29 inspections and appeals for those facilities providing
30 services to persons with mental illness or
31 developmental disabilities."
32 2. By renumbering as necessary.

Amendment H(1695 was adopted.

Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-1734, to amendment H-1639, previously
deferred, filed by him from the floor.

On motion by Carroll of Poweshiek amendment H(1639, as
amended, previously deferred, was adopted.

Carroll of Poweshiek moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.

On the question “Shall the bill pass?” (H.F. 727)

The ayes were, 92:

Alons	Arnold	Atteberry	Barry
Baudler	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Carroll	Chiodo	Cohoon	Connors
Cormack	De Boef	Dolecheck	Dotzler
Drake	Eddie	Eichhorn	Elgin
Falck	Fallon	Finch	Foege
Ford	Frevert	Garman	Gipp
Grundberg	Hahn	Hatch	Heaton
Hoffman	Horbach	Houser	Hoversten
Huseman	Huser	Jacobs	Jenkins
Jochum	Johnson	Kettering	Klemme
Kuhn	Larkin	Larson	Lensing
Manternach	Mascher	May	Metcalf
Millage	Murphy	Myers	O'Brien
Osterhaus	Petersen	Quirk	Raecker
Rants	Rayhons	Rekow	Reynolds
Richardson	Roberts	Scherrman	Seng
Shey	Shoultz	Siegrist, Spkr.	Sievers
Smith	Stevens	Sukup	Taylor, D.
Taylor, T.	Teig	Tymeson	Tyrrell
Van Engelenhoven	Van Fossen	Warnstadt	Weidman
Winckler	Wise	Witt	Dix,
			Presiding

The nays were, 3:

Greimann	Kreiman	Tremmel

Absent or not voting, 5:

Bell	Bukta	Hansen	Mertz
Schrader

The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.

Senate File 528, a bill for an act relating to and making
transportation and other infrastructure-related appropriations to the
state department of transportation, including allocation and use of
moneys from the general fund of the state, road use tax fund, and

primary road fund, providing for the nonreversion of certain moneys,
and discontinuing driver's license renewal by mail, with report of
committee recommending passage, was taken up for consideration.

Millage of Scott asked and received unanimous consent that
amendment H-1684 be deferred.

Carroll of Poweshiek in the chair at 2:10 p.m.

Cohoon of Des Moines offered the following amendment H(1725
filed by him and Brauns of Muscatine from the floor and moved its
adoption:

H-1725

1 Amend Senate File 528, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting after line 13 the
4 following:
5 " . For transfer to the Iowa civil air patrol:
6 $ 25,000"
7 2. By renumbering as necessary.

Amendment H(1725 lost.

Gipp of Winneshiek asked and received unanimous consent to
withdraw amendment H-1665 filed by him on April 24, 2001.

Gipp of Winneshiek offered the following amendment H(1683 filed
by him and moved its adoption:

H-1683

1 Amend Senate File 528, as passed by the Senate, as
2 follows:
3 1. Page 5, by inserting after line 23 the
4 following:
5 "Sec. . There is appropriated from the road use
6 tax fund to the department of general services for the
7 fiscal year beginning July 1, 2001, and ending June
8 30, 2002, the following amount, or so much thereof as
9 is necessary, to be used for the purpose designated:
10 For planning and design of a state institutional
11 road that shall be an extension of Twelfth street
12 south of Court avenue, adjacent to the new judicial
13 building in Des Moines:
14 $ 34,000

15 Notwithstanding section 8.33, moneys appropriated
16 in this section that remain unencumbered or
17 unobligated at the close of the fiscal year shall not
18 revert but shall remain available for expenditure for
19 the purpose designated until the close of the fiscal
20 year that begins July 1, 2004.
21 For purposes of this section, a "state
22 institutional road" is part of the state park, state
23 institution, and other state land road system, as
24 defined in section 306.3."
25 2. Title page, line 3, by inserting after the
26 word "transportation" the following: "and the
27 department of general services".
28 3. By renumbering as necessary.

Amendment H(1683 was adopted.

Millage of Scott asked and received unanimous consent to
withdraw amendment H-1684, filed by him on April 24, 2001,
previously deferred, placing out of order the following amendments:

Amendment H-1719 filed by Huser of Polk on April 25, 2001.
Amendment H-1720 filed by Falck of Fayette on April 25, 2001.
Amendment H-1721 filed by T. Taylor of Linn on April 25, 2001.
Amendment H-1722 filed by Warnstadt of Woodbury from the
floor.
Amendment H-1723 filed by Larkin of Lee from the floor.
Amendment H-1726 filed by Warnstadt of Woodbury from the
floor.
Amendment H-1727 filed by Lensing of Johnson from the floor.
Amendment H-1728 filed by Tremmel of Wapello from the floor.
Amendment H-1730 filed by Quirk of Chickasaw from the floor.
Amendment H-1731 filed by Chiodo of Polk from the floor.
Amendment H-1732 filed by Tremmel of Wapello, Seng of Scott,
Winckler of Scott, Warnstadt of Woodbury and Mertz of Kossuth from
the floor.
Amendment H-1737 filed by Osterhaus of Jackson from the floor.
Amendment H-1738 filed by Mascher of Johnson from the floor.
Amendment H-1739 filed by Richardson of Warren from the floor.
Amendment H-1740 filed by Richardson of Warren from the floor.

Gipp of Winneshiek moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.

On the question “Shall the bill pass?” (S.F. 528)

The ayes were, 90:

Alons	Arnold	Atteberry	Barry
Baudler	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Chiodo	Cohoon	Connors	Cormack
De Boef	Dix	Dolecheck	Dotzler
Drake	Eddie	Eichhorn	Elgin
Falck	Finch	Foege	Ford
Frevert	Garman	Gipp	Greimann
Grundberg	Hahn	Hansen	Heaton
Hoffman	Horbach	Houser	Hoversten
Huseman	Huser	Jacobs	Jenkins
Jochum	Johnson	Kettering	Klemme
Kuhn	Larkin	Larson	Lensing
Manternach	Mascher	May	Metcalf
Millage	Murphy	Myers	Osterhaus
Petersen	Quirk	Raecker	Rants
Rayhons	Rekow	Reynolds	Richardson
Scherrman	Seng	Shey	Shoultz
Siegrist, Spkr.	Sievers	Smith	Stevens
Sukup	Taylor, D.	Taylor, T.	Teig
Tymeson	Tyrrell	Van Engelenhoven	Van Fossen
Warnstadt	Weidman	Winckler	Wise
Witt	Carroll,
	Presiding

The nays were, 5:

Fallon	Hatch	Kreiman	O'Brien
Tremmel

Absent or not voting, 5:

Bell	Bukta	Mertz	Roberts
Schrader

The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.

MOTION TO RECONSIDER PREVAILED

Rants of Woodbury called up for consideration the motion to
reconsider House File 271, filed on April 24, 2001, and moved to
reconsider the vote by which House File 271, a bill for an act adding
specified document preparation and modification to the list of acts

defining the activities of a real estate broker, passed the House and
was placed on its last reading on April 23, 2001.

The motion prevailed and the House reconsidered House File 271.

Rants of Woodbury asked and received unanimous consent that
House File 271 be deferred and that the bill retain its place on the
unfinished business calendar.

The House resumed consideration of Senate File 499, a bill for an
act making changes to and reorganizing scheduled fines, previously
deferred and found on page 1572 of the House Journal. (Amendment
H-1460 pending)

Rants of Woodbury asked and received unanimous consent that
House File 499 be deferred and that the bill retain its place on the
calendar.

Ways and Means Calendar

House File 721, a bill for an act excluding certain business
property from being considered abandoned property under the state's
disposition of unclaimed property law, was taken up for
consideration.

SENATE FILE 526 SUBSTITUTED FOR HOUSE FILE 721

Sukup of Franklin asked and received unanimous consent to
substitute Senate File 526 for House File 721, placing out of order
amendment H-1636 filed by Shoultz of Black Hawk on April 23, 2001.

Senate File 526, a bill for an act excluding certain business
property from being considered abandoned property under the state's
disposition of unclaimed property law, was taken up for
consideration.

Shoultz of Black Hawk offered the following amendment H(1650
filed by him and moved its adoption:

H-1650

1 Amend Senate File 526, as passed by the Senate, as
2 follows:

3 1. Page 1, line 2, by striking the words
4 "paragraphs" and inserting the following:
5 "paragraph".
6 2. Page 1, by striking lines 9 through 11.

Amendment H(1650 was adopted.

Sukup of Franklin moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.

On the question “Shall the bill pass?” (S.F. 526)

The ayes were, 89:

Alons	Arnold	Atteberry	Barry
Baudler	Boal	Boggess	Bradley
Brauns	Broers	Brunkhorst	Chiodo
Cohoon	Connors	Cormack	De Boef
Dix	Dolecheck	Dotzler	Drake
Eddie	Eichhorn	Elgin	Falck
Finch	Foege	Ford	Frevert
Gipp	Greimann	Grundberg	Hahn
Hansen	Hatch	Heaton	Hoffman
Horbach	Houser	Hoversten	Huseman
Huser	Jacobs	Jenkins	Jochum
Kettering	Klemme	Kuhn	Larkin
Larson	Lensing	Mascher	May
Metcalf	Millage	Murphy	Myers
O'Brien	Osterhaus	Petersen	Quirk
Raecker	Rants	Rayhons	Rekow
Reynolds	Richardson	Scherrman	Seng
Shey	Shoultz	Siegrist, Spkr.	Sievers
Smith	Stevens	Sukup	Taylor, D.
Taylor, T.	Teig	Tremmel	Tymeson
Tyrrell	Van Engelenhoven	Van Fossen	Warnstadt
Weidman	Winckler	Wise	Witt
Carroll,
Presiding

The nays were, 5:

Boddicker	Fallon	Garman	Kreiman
Manternach

Absent or not voting, 6:

Bell	Bukta	Johnson	Mertz
Roberts	Schrader
The bill having received a constitutional majority was declared to have passed the House and the title was agreed to.

HOUSE FILE 721 WITHDRAWN

Sukup of Franklin asked and received unanimous consent to
withdraw House File 721 from further consideration by the House.

MOTIONS TO RECONSIDER
(Senate File 527)

I move to reconsider the vote by which Senate File 527 passed the
House on April 26, 2001.

RANTS of Woodbury

(Senate File 528)

I move to reconsider the vote by which Senate File 528 passed the
House on April 26, 2001.

RANTS of Woodbury

(Senate File 531)

I move to reconsider the vote by which Senate File 531 passed the
House on April 26, 2001.

RANTS of Woodbury

EXPLANATIONS OF VOTE

I was necessarily absent from the House chamber on April 25 and
26, 2001. Had I been present, I would have voted "aye" on House
Files 561, 680, 732, Senate Files 185, 531 and "nay" on Senate File
203, amendments H-1629 and H-1672 to House File 732.

MILLAGE of Scott

I was necessarily absent from the House chamber on April 26, 2001.
Had I been present, I would have voted "aye" on House File 733.

RAECKER of Polk

I was necessarily absent from the House chamber on April 26, 2001.
Had I been present, I would have voted "aye" on House Files 722, 731,
733 and Senate File 392.

RICHARDSON of Warren

BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR

The Chief Clerk of the House submitted the following report:

Mr. Speaker: The Chief Clerk of the House respectfully reports that the following
bills have been examined and found correctly enrolled, signed by the Speaker of the
House and the President of the Senate, and presented to the Governor for his approval
on this 26th of April, 2001: House Files 73 and 707.

MARGARET A. THOMSON
Chief Clerk of the House

Report adopted.

PRESENTATION OF VISITORS

The Speaker announced that the following visitors were present in
the House chamber:

Eleven FCCLA students from Gilbert High School, Gilbert,
accompanied by advisor Karlene Wonderlich. By Garman of Story.

Thirty-four students from Boone Middle School, Boone,
accompanied by Mr. McDonald and Mr. Paris. By O'Brien of Boone.

CERTIFICATES OF RECOGNITION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.

MARGARET A. THOMSON
Chief Clerk of the House

2001\1078 Vera Garrison, Indianola - For celebrating her 95th birthday.

2001\1079 Mary Jane and John Pray, Indianola - For celebrating their 60th
wedding anniversary.

2001\1080 Zachary Williams, Leon - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2001\1081 Adam Rohloff, Oskaloosa - For achieving a perfect score at the State
Bible Quiz Contest.

2001\1082 Connie Sheesley, Oskaloosa - For winning the Golden Apple Award.

2001\1083 Fannie Bender, Wellman - For celebrating her 96th birthday.

2001\1084 Geraldine and Arthur Allison, Deep River - For celebrating their
50th wedding anniversary.

SUBCOMMITTEE ASSIGNMENT

Senate File 529

Ways and Means: Boal, Chair; Houser and Larkin.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT

House Study Bill 258

Appropriations: Heaton, Chair; Brunkhorst and Smith.

COMMITTEE RECOMMENDATION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendation has been received and
is on file in the office of the Chief Clerk.

MARGARET A. THOMSON
Chief Clerk of the House

COMMITTEE ON COMMERCE AND REGULATION

Senate File 515, a bill for an act providing for the crossing of railroad rights-of-
way by public utilities, and providing applicability dates.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-1742 April 25, 2001.

RESOLUTION FILED

HR 44, by Siegrist, Rants and Myers, a resolution paying tribute to
the memory of Jane Fowler and recognizing her many contributions
to state government.

Laid over under Rule 25.

AMENDMENTS FILED

H-1724 S.F. 98 Dolecheck of Ringgold
H-1729 H.F. 736 Eichhorn of Hamilton
H-1733 S.F. 350 Senate Amendment
H-1736 S.F. 499 Larson of Linn
Metcalf of Polk Chiodo of Polk
Bradley of Clinton Grundberg of Polk
Ford of Polk Hahn of Muscatine
Jacobs of Polk Boal of Polk
Huser of Polk Petersen of Polk
H-1741 S.F. 499 Tremmel of Wapello
H-1742 S.F. 515 Committee on Commerce and
Regulation
H-1743 H.F. 582 Metcalf of Polk

On motion by Rants of Woodbury the House adjourned at 2:53
p.m., until 8:45 a.m., Friday, April 27, 2001.

Previous Day: Wednesday, April 25	Next Day: Friday, April 27
Senate Journal: Index	House Journal: Index
Legislation: Index	Bill History: Index

Comments about this site or page? hjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Fri Apr 27 13:35:00 CDT 2001
URL: /DOCS/GA/79GA/Session.1/HJournal/Day/0426.html
jhf