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House Journal: Wednesday, March 27, 2002

JOURNAL OF THE HOUSE

Seventy-third Calendar Day - Fiftieth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, March 27, 2002

The House met pursuant to adjournment at 8:52 a.m., Speaker
Siegrist in the chair.

Prayer was offered by Reverend Rick Cox, pastor of Berean
Assembly of God, Pleasant Hill. He was the guest of Representative
Dwayne Alons of Sioux County.

The Journal of Tuesday, March 26, 2002 was approved.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Garman of Story on request of Rants of Woodbury.

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
March 26, 2002, amended and passed the following bill in which the concurrence of the
House is asked:

House File 2247, a bill for an act relating to the regulation of health care facilities
and the duties of resident advocate committees.

Also: That the Senate has on March 26, 2002, amended and passed the following
bill in which the concurrence of the House is asked:

House File 2344, a bill for an act relating to the retention of unemployment benefits
contested case hearing records.

Also: That the Senate has on March 26, 2002, passed the following bill in which the
concurrence of the Senate was asked:

House File 2418, a bill for an act relating to the applicability of the thermal
efficiency energy conservation standards in the state building code.

Also: That the Senate has on March 26, 2002, passed the following bill in which the
concurrence of the Senate was asked:

House File 2482, a bill for an act expanding the board of educational examiners'
authority with regard to licensee disciplinary investigations and proceedings.

Also: That the Senate has on March 26, 2002, passed the following bill in which the
concurrence of the Senate was asked:

House File 2495, a bill for an act providing for the issuance of no-contact orders
against persons who are arrested for the crime of sexual abuse.

Also: That the Senate has on March 26, 2002, passed the following bill in which the
concurrence of the Senate was asked:

House File 2536, a bill for an act relating to advertisements for requests for bids
and proposals by state government.

Also: That the Senate has on March 26, 2002, passed the following bill in which the
concurrence of the Senate was asked:

House File 2552, a bill for an act relating to interviews conducted in association
with a child abuse assessment.

Also: That the Senate has on March 26, 2002, amended and passed the following
bill in which the concurrence of the House is asked:

House File 2571, a bill for an act relating to the establishment of an Iowa cultural
trust, an Iowa cultural trust fund, and an Iowa cultural trust grant account, providing
for the issuance of trust fund credits, and providing for related matters.

Also: That the Senate has on March 26, 2002, 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 2197, a bill for an act prohibiting a registered sex offender from residing
near a school or child care facility, and providing a penalty.

Also: That the Senate has on March 26, 2002, passed the following bill in which the
concurrence of the House is asked:

Senate File 2316, a bill for an act relating to the sale of certain farmland by Iowa
state university of science and technology, providing for the appropriation and use of
proceeds from the sale, and providing an effective date.

Also: That the Senate has on March 26, 2002, adopted the following resolution in
which the concurrence of the House is asked:

Senate Concurrent Resolution 109, a concurrent resolution requesting that the
governor annually designate the third week in the month of October as Cultural
Awareness Week.

MICHAEL E. MARSHALL, Secretary


ADOPTION OF HOUSE CONCURRENT RESOLUTION 122

Wilderdyke of Harrison called up for consideration House
Concurrent Resolution 122, a concurrent resolution requesting the
Supreme Court to implement a review and development of options to
improve performance of guardian ad litem duties, and moved its
adoption.

The motion prevailed and the resolution was adopted.

The House stood at ease at 9:00 a.m., until the fall of the gavel.

The House resumed session at 9:07 a.m., Speaker Siegrist in the
chair.

SENATE AMENDMENT CONSIDERED

Millage of Scott called up for consideration House File 2201, a bill
for an act requiring all felons to submit a physical specimen for DNA
profiling, amended by the Senate, and moved that the House concur
in the following Senate amendment H-8430:

H-8430

1 Amend House File 2201, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 2, by striking lines 9 through 16 and
4 inserting the following: "condition of parole or work
5 release, if appropriate. In determining the
6 appropriateness of ordering DNA profiling, the board
7 shall consider the deterrent effect of DNA profiling,
8 the likelihood of repeated offenses by the defendant,
9 and the seriousness of the offense unless the
10 defendant has previously provided a physical specimen
11 for DNA profiling pursuant to section 901.5 or 902.13
12 and the DNA profile developed from the previously
13 submitted specimen remains available for use."
14 2. Page 2, by striking lines 18 through 25, and
15 inserting the following:
16 "Sec. . CONTINGENT EFFECTIVE DATE. The
17 effective date of this Act shall be the later of July
18 1, 2002, or on the date when sufficient funds have
19 been appropriated or are first received to pay the
20 costs of complying with this Act. The commissioner of
21 public safety shall notify the Code editor when

22 sufficient funds have been appropriated or are first
23 received to pay the costs of complying with this Act.
24 The department of public safety, the department of
25 corrections, and the counties shall comply with
26 section 13.10 until the effective date of this Act."
27 3. Title page, line 2, by inserting after the
28 word "profiling" the following: ", and providing a
29 contingent effective date."

The motion prevailed and the House concurred in the Senate
amendment H-8430.

Millage of Scott 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. 2201)

The ayes were, 92:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Bukta Chiodo Cohoon Connors
De Boef Dix Dolecheck Dotzler
Drake Eddie Eichhorn Elgin
Finch Foege Frevert Gipp
Greimann Grundberg Hahn Hansen
Hatch Horbach Hoversten Huseman
Huser Jacobs Jenkins Jochum
Johnson Jones Kettering Klemme
Kreiman Kuhn Larkin Larson
Lensing Mascher Manternach May
Mertz Metcalf Millage Murphy
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
Reeder Rekow Reynolds Richardson
Roberts Scherrman Schrader Seng
Shey Shoultz Sievers Smith
Stevens Sukup Taylor, D. Taylor, T.
Tremmel Tymeson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Wilderdyke
Winckler Wise Witt Mr. Speaker
Siegrist

 


The nays were, 1:
Fallon

 




Absent or not voting, 7:
Carroll Cormack Ford Garman
Heaton Hoffman Teig

 

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

HOUSE REFUSED TO CONCUR

Millage of Scott called up for consideration House File 2191, a bill
for an act relating to notarial acts by judicial officers, amended by the
Senate, and moved that the House concur in the following Senate
amendment H-8421:

H-8421

1 Amend House File 2191, as passed by the House, as
2 follows:
3 1. Page 1, by striking lines 5 through 10, and
4 inserting the following: "chapter. However, this
5 section shall not apply to a person performing a
6 notarial act under performed by a judicial officer as
7 defined in section 602.1101, if the notarial act is
8 performed in accordance with state or federal
9 statutory authority."

The motion lost and the House refused to concur in the Senate
amendment H-8421.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 2201 be immediately messaged to the Senate.

Sievers of Scott called up for consideration House File 582, a bill
for an act relating to the division and development of land by
amending provisions relating to subdivision plats and plats of survey
and relating to annexation and other boundary adjustments, and
providing for the Act's applicability, amended by the Senate
amendment H-1625 as follows:

H-1625

1 Amend House File 582, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 2, line 34, by inserting after the word

4 "served" the following: "by regular mail".
5 2. Page 6, by inserting after line 3, the
6 following:
7 "Sec. . Section 368.11, unnumbered paragraph 2,
8 Code 2001, is amended to read as follows:
9 Within thirty days of receipt of a petition, the
10 board of supervisors of each county where the
11 territory is located shall approve or disapprove the
12 petition. The county auditor shall immediately notify
13 the city development board of the county's decision.
14 Within ninety days of receipt of a petition
15 notification from the county, the city development
16 board shall initiate appropriate proceedings or
17 dismiss the petition. The board may combine for
18 consideration petitions or plans which concern the
19 same territory or city or which provide for a boundary
20 adjustment or incorporation affecting common
21 territory. The combined petitions may be submitted
22 for consideration by a special local committee
23 pursuant to section 368.14A."
24 3. Page 6, by inserting after line 17, the
25 following:
26 "Sec. . Section 368.16, Code 2001, is amended
27 by adding the following new subsection:
28 NEW SUBSECTION. 8. Whether the board of
29 supervisors approved or disapproved the petition."
30 4. Page 6, line 22, by inserting after the word
31 "after" the following: "full".
32 5. By renumbering, relettering, or redesignating
33 and correcting internal references as necessary.

Metcalf of Polk asked and received unanimous consent to
withdraw amendment H-1743, to the Senate amendment H-1625,
filed by her on April 26, 2001.

On motion by Sievers of Scott, the House refused to concur in the
Senate amendment H-1625.

CONSIDERATION OF BILL
Ways and Means Calendar

House File 2592, a bill for an act relating to deferment of taxable
income for start-up businesses and providing an effective and
retroactive applicability date, was taken up for consideration.

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?" (H.F. 2592)

The ayes were, 93:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors De Boef Dix Dolecheck
Dotzler Drake Eddie Eichhorn
Elgin Finch Foege Frevert
Gipp Greimann Grundberg Hahn
Hansen Hatch Hoffman Horbach
Hoversten Huseman Huser Jacobs
Jenkins Jochum Johnson Jones
Kettering Klemme Kreiman Kuhn
Larkin Larson Lensing Manternach
Mascher May Mertz Metcalf
Millage Murphy Myers O'Brien
Osterhaus Petersen Quirk Raecker
Rants Rayhons Reeder Rekow
Reynolds Richardson Roberts Scherrman
Schrader Seng Shey Shoultz
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Tymeson Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weidman
Wilderdyke Winckler Wise Witt
Mr. Speaker
Siegrist

 


The nays were, 2:
Fallon Tremmel

 


Absent or not voting, 5:
Cormack Ford Garman Heaton
Teig

 

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

SENATE AMENDMENT CONSIDERED

Brunkhorst of Bremer called up for consideration House File
2075, a bill for an act relating to the repayment of moneys
appropriated from the endowment for Iowa's health account of the
tobacco settlement trust fund for purposes of the student achievement

and teacher quality program, amended by the Senate, and moved
that the House concur in the following Senate amendment H-8417:

H-8417

1 Amend House File 2075, as passed by the House, as
2 follows:
3 1. Page 1, by inserting after line 21 the
4 following:
5 "c. Notwithstanding paragraph "a", any moneys in
6 excess of the maximum balance in the economic
7 emergency fund after the distribution of the surplus
8 in the general fund of the state at the conclusion of
9 each fiscal year and after the appropriate amount has
10 been transferred pursuant to paragraph "b", shall not
11 be transferred to the general fund of the state but
12 shall be transferred to the senior living trust fund.
13 The total amount transferred, in the aggregate, under
14 this paragraph for all fiscal years shall not exceed
15 thirty-five million five hundred thousand dollars.
16 d. Notwithstanding paragraph "a", any moneys in
17 excess of the maximum balance in the economic
18 emergency fund after the distribution of the surplus
19 in the general fund of the state at the conclusion of
20 each fiscal year and after the appropriate amount have
21 been transferred pursuant to paragraphs "b" and "c"
22 shall not be transferred to the general fund of the
23 state but shall be transferred to the endowment for
24 Iowa's health account of the tobacco settlement trust
25 fund. The total amount transferred, in the aggregate,
26 under this paragraph for all fiscal years shall not
27 exceed the difference between fifty-one million five
28 hundred thousand dollars and the amounts transferred
29 to the endowment for Iowa's health account to repay
30 the amounts transferred or appropriated from the
31 endowment for Iowa's health account in 2002 Iowa Acts,
32 House File 2245, 2002 Iowa Acts, Senate File 2304, and
33 2002 Iowa Acts, Senate File 2315."
34 2. Title page, by striking lines 3 and 4 and
35 inserting the following: "trust fund and from the
36 senior living trust fund."

The motion prevailed and the House concurred in the Senate
amendment H-8417.

Brunkhorst of Bremer 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. 2075)

The ayes were, 95:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors Dix Dolecheck Dotzler
Drake Eddie Eichhorn Elgin
Fallon Finch Foege Ford
Frevert Gipp Greimann Hahn
Hansen Hatch Heaton Hoffman
Horbach Hoversten Huseman Huser
Jacobs Jenkins Jochum Johnson
Jones Kettering Klemme Kreiman
Kuhn Larkin Larson Lensing
Manternach Mascher May Mertz
Metcalf Millage Murphy Myers
O'Brien Osterhaus Petersen Quirk
Raecker Rants Rayhons Reeder
Rekow Reynolds Richardson Roberts
Scherrman Schrader Seng Shey
Shoultz Sievers Smith Stevens
Sukup Taylor, D. Taylor, T. Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Wilderdyke Winckler
Wise Witt Mr. Speaker
Siegrist

 


The nays were, 2:
De Boef Grundberg

 


Absent or not voting, 3:
Cormack Garman Teig

 

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

MESSAGE FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
March 27, 2002, adopted the following resolution in which the concurrence of the House
is asked:


Senate Concurrent Resolution 110, a concurrent resolution honoring Dr. William
Campbell for more than fifty years of service to the people of Iowa.

MICHAEL E. MARSHALL, Secretary

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 582, 2075, 2191 and 2592.

Unfinished Business Calendar

Senate File 2275, a bill for an act relating to statutory corrections
which may adjust language to reflect current practices, insert earlier
omissions, delete redundancies and inaccuracies, delete temporary
language, resolve inconsistencies and conflicts, update ongoing
provisions, or remove ambiguities and including effective and
retroactive applicability date provisions, with report of committee
recommending amendment and passage, was taken up for
consideration.

Shey of Linn offered the following amendment H-8298 filed by the
committee on judiciary and moved its adoption:

H-8298

1 Amend Senate File 2275, as passed by the Senate, as
2 follows:
3 1. Page 38, by inserting after line 29, the
4 following:
5 "Sec. . Section 554.9525, subsection 1,
6 unnumbered paragraph 1, Code Supplement 2001, is
7 amended to read as follows:
8 Except as otherwise provided in subsection
9 subsections 3 and 4, fees for services rendered by the
10 filing office under this part must be set by rules
11 adopted by the secretary of state's office for
12 services for that office. The rule must set the fees
13 for filing and indexing a record under this part on
14 the following basis:
15 Sec. . Section 554.9525, subsection 3, Code
16 Supplement 2001, is amended to read as follows:
17 3. RESPONSE TO INFORMATION REQUEST. A rule
18 adopted pursuant to subsection 1 must set the fee for
19 responding to a request for information from the
20 filing office, including for communicating whether

21 there is on file any financing statement naming a
22 particular debtor. However, if the filing office is
23 in the county, the board of supervisors for the county
24 may adopt an ordinance or resolution setting the fee
25 for responding to a request for the information. A
26 fee for responding to a request communicated in
27 writing must be not less than twice the amount of the
28 fee for responding to a request communicated by
29 another medium authorized by the office of secretary
30 of state or the board of supervisors for the filing
31 office where its filing office is located."
32 2. Page 43, by inserting after line 33, the
33 following:
34 "Sec. . Section 692A.1, subsection 4, paragraph
35 m, Code Supplement 2001, is amended to read as
36 follows:
37 m. Sexual exploitation of a minor in violation of
38 section 728.12, subsection 2 or 3."
39 3. By renumbering as necessary.

The committee amendment H-8298 was adopted.

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. 2275)

The ayes were, 95:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors De Boef Dix Dolecheck
Dotzler Drake Eddie Eichhorn
Elgin Fallon Finch Foege
Ford Frevert Gipp Greimann
Hahn Hatch Heaton Hoffman
Horbach Hoversten Huseman Huser
Jacobs Jenkins Jochum Johnson
Jones Kettering Klemme Kreiman
Kuhn Larkin Larson Lensing
Manternach Mascher May Mertz
Metcalf Millage Murphy Myers
O'Brien Osterhaus Petersen Quirk
Raecker Rants Rayhons Reeder
Rekow Reynolds Richardson Roberts
Scherrman Schrader Seng Shey
Shoultz Sievers Smith Stevens
Sukup Taylor, D. Taylor, T. Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Wilderdyke Winckler
Wise Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 5:
Cormack Garman Grundberg Hansen
Teig

 

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

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
House Concurrent Resolution 122 and Senate File 2275 be
immediately messaged to the Senate.

Senate File 2190, a bill for an act concerning workers'
compensation, with report of committee recommending passage, was
taken up for consideration.

The House stood at ease at 10:04 a.m., until the fall of the gavel.

The House resumed session at 11:33 a.m., Dix of Butler in the
chair.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Cormack of Webster, until his arrival, on request of Rants of Woodbury.

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty members present, forty absent.

T. Taylor of Linn asked and received unanimous consent that
amendments H-8366 and H-8383 be deferred.

Horbach of Tama offered the following amendment H-8300 filed by
him and moved its adoption:

H-8300

1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking page 1, line 5, through page 2,
4 line 5.
5 2. Page 4, line 20, by inserting after the word
6 "agency" the following: ", or an advisory, rating, or
7 research organization,".
8 3. Page 4, line 21, by inserting after the word
9 "data" the following: ", evaluating the state's
10 workers' compensation system, or conducting
11 scientific, medical, or public policy research,".
12 4. By renumbering as necessary.

Roll call was requested by T. Taylor of Linn and Van Fossen of
Scott.

Rule 75 was invoked.

On the question "Shall amendment H-8300 be adopted?" (S.F.
2190)

The ayes were, 52:
Arnold Baudler Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Carroll De Boef Dolecheck
Drake Eddie Eichhorn Elgin
Finch Gipp Grundberg Hahn
Hansen Heaton Hoffman Horbach
Hoversten Huseman Jacobs Jenkins
Johnson Jones Larson Kettering
Klemme Manternach Metcalf Millage
Raecker Rants Rayhons Rekow
Roberts Shey Siegrist, Spkr. Sievers
Sukup Tymeson Tyrrell Van Engelenhoven
Van Fossen Weidman Wilderdyke Dix,
Presiding

 


The nays were, 41:
Atteberry Bell Bukta Chiodo
Cohoon Dotzler Fallon Foege
Ford Frevert Greimann Hatch
Jochum Kreiman Kuhn Larkin
Lensing Mascher May Mertz
Murphy Myers O'Brien Osterhaus
Petersen Quirk Reeder Reynolds
Scherrman Schrader Seng Shoultz
Smith Stevens Taylor, D. Taylor, T.
Tremmel Warnstadt Winckler Wise
Witt

 


Absent or not voting, 7:
Alons Connors Cormack Garman
Huser Richardson Teig

 


Amendment H-8300 was adopted.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Connors of Polk, until his return, on request of Bukta of Clinton.

Rants of Woodbury asked and received unanimous consent that
Senate File 2190 be temporarily deferred and that the bill retain its
place on the unfinished business calendar.

ADOPTION OF HOUSE RESOLUTION 116

Foege of Linn called up for consideration House Resolution 116,
a resolution honoring Jennifer Erbe for being named Iowa Teacher of
the Year for 2002, and moved its adoption.

The motion prevailed and the resolution was adopted.

SPECIAL PRESENTATION

Foege of Linn introduced to the House, Jennifer Erbe, who
addressed the House briefly, thanked the House and introduced
Lillian Thatcher, the student that recommended her for teacher of the
year.

The House rose and expressed their welcome and appreciation.


SENATE MESSAGE CONSIDERED

Senate File 2316, by committee on appropriations, a bill for an
act relating to the sale of certain farmland by Iowa state university of
science and technology, providing for the appropriation and use of
proceeds from the sale, and providing an effective date.

Read first time and referred to committee on appropriations.

Rants of Woodbury asked and received unanimous consent to
resume consideration of Senate File 2190.

Jochum of Dubuque asked and received unanimous consent that
amendments H-8349 and H-8384 be deferred.

Carroll of Poweshiek in the chair at 1:02 p.m.

Horbach of Tama offered amendment H-8299 filed by him as
follows:

H-8299

1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by inserting after line 29 the
4 following:
5 "Sec. . Section 85.34, Code 2001, is amended by
6 adding the following new subsection:
7 NEW SUBSECTION. 7. APPORTIONMENT. Compensation
8 for a permanent partial disability which would
9 otherwise be payable pursuant to this section shall be
10 reduced as provided in this subsection as follows:
11 a. If an employee has a preexisting functional
12 loss under subsection 2, paragraphs "a" through "t",
13 or a preexisting industrial disability under
14 subsection 2, paragraph "u", the preexisting
15 functional loss or industrial disability shall be
16 apportioned and the employer shall not be liable for
17 that preexisting loss or disability with respect to
18 claims for a permanent partial disability resulting
19 from subsequent injuries which result in an increase
20 in the permanent impairment to the same member or an
21 increase in industrial disability with respect to any
22 condition affecting employability. However, the
23 apportionment authorized by this paragraph shall not
24 apply if the preexisting functional loss or
25 preexisting industrial disability was the product of a

26 work injury with the same employer and the employee
27 did not recover benefits pursuant to this chapter for
28 that preexisting functional loss or preexisting
29 industrial disability.
30 b. If an employee has received a benefit under
31 this chapter, chapter 85A, or chapter 85B, for a
32 previous injury to a portion of the body as described
33 in subsection 2, the employer shall not be liable for
34 the amount representing the applicable previous
35 payment with respect to claims for a permanent partial
36 disability resulting from subsequent injuries to the
37 same portion of the body. For purposes of this
38 paragraph, the applicable previous payment is the
39 percentage of disability that resulted from the
40 previous injury for which compensation was received
41 under this chapter, chapter 85A, or chapter 85B, or
42 the dollar amount received in a contested case
43 settlement under section 85.35 that was not paid by
44 the employee for medical care."
45 2. By renumbering as necessary.

The following amendments were deferred by unanimous consent:

Amendment H-8391 by T. Taylor of Linn.
Amendment H-8299 by Jochum of Dubuque.
Amendments H-8371 and H-8376 by Dotzler of Black Hawk.

Winckler of Scott offered the following amendment H-8354, to
amendment H-8299, filed by her and moved its adoption:

H-8354

1 Amend the amendment, H-8299, to Senate File 2190,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 5 through 44 and
5 inserting the following:
6 ""Sec. . Section 85.34, subsection 2, paragraph
7 u, unnumbered paragraph 1, Code 2001, is amended to
8 read as follows:
9 In all cases of permanent partial disability other
10 than those hereinabove described or referred to in
11 paragraphs "a" through "t" hereof, the compensation
12 shall be paid during the number of weeks in relation
13 to five hundred the life expectancy of the injured
14 employee in weeks as the disability bears to the body
15 of the injured employee as a whole. For purposes of
16 this paragraph, "life expectancy of the injured
17 employee" shall be determined pursuant to the life
18 expectancy table adopted by the workers' compensation

19 division for use in commutation proceedings.
20 Sec. . Section 85.34, Code 2001, is amended by
21 adding the following new subsection:
22 NEW SUBSECTION. 7. PERMANENT PARTIAL DISABILITY
23 - REDUCTION FOR PREVIOUS BENEFIT PAYMENTS. If an
24 employee receives a personal injury for which
25 permanent partial disability benefits are payable, and
26 that employee has already received permanent partial
27 disability benefits as a result of a previous personal
28 injury, the extent of that employee's entitlement to
29 permanent partial disability benefits may be subject
30 to a reduction as follows:
31 a. If the employee was previously paid permanent
32 partial disability benefits for a functional
33 disability confined to a scheduled member pursuant to
34 subsection 2, paragraphs "a" through "t", and that
35 employee sustains a subsequent injury to the same
36 scheduled member, the extent of that employee's
37 entitlement to permanent partial disability benefits
38 may be reduced as a result of the previous payment if,
39 at the time of the employee's most recent injury, the
40 previous injury was still independently causing an
41 ascertainable percentage of functional disability.
42 b. If the employee was previously paid permanent
43 partial disability benefits for an industrial
44 disability pursuant to subsection 2, paragraph "u",
45 and that employee sustains a subsequent injury which
46 would entitle that employee to permanent partial
47 disability benefits pursuant to subsection 2,
48 paragraph "u", the extent of that employee's
49 entitlement to permanent partial disability benefits
50 may be reduced as a result of the previous payment if,

Page 2

1 at the time of the employee's most recent injury, the
2 previous injury was still independently causing an
3 ascertainable percentage of industrial disability.
4 The reduction permitted by this paragraph shall not
5 exceed the percentage of industrial disability
6 previously paid which can be independently attributed
7 to the previous injury.
8 c. The employer shall have the burden of proving
9 any reduction permitted by this subsection.""

Jacobs of Polk asked and received unanimous consent that Senate
File 2190 be deferred and that the bill retain its place on the
unfinished business calendar. (Amendment H-8354 pending)


ADOPTION OF HOUSE CONCURRENT RESOLUTION 112

Heaton of Henry called up for consideration House Concurrent
Resolution 112, a concurrent resolution honoring Dr. William
Campbell for more than fifty years of service to the people of Iowa.

Jones of Mills moved the adoption of House Concurrent Resolution
112.

The motion prevailed and the resolution was adopted.

Dr. Campbell spoke briefly and sang before the House.

The House rose and expressed its welcome and appreciation.

Jacobs of Polk asked and received unanimous consent to resume
consideration of Senate File 2190. (Amendment H-8354 pending)

Winckler of Scott moved the adoption of amendment H-8354, to
amendment H-8299.

Roll call was requested by Winckler of Scott and Myers of Johnson.

On the question "Shall amendment H-8354, to amendment H-
8299 be adopted?" (S.F. 2190)

The ayes were, 43:
Atteberry Bell Bukta Chiodo
Cohoon Dotzler Fallon Finch
Foege Ford Frevert Greimann
Hatch Huser Jochum Kreiman
Kuhn Larkin Lensing Mascher
May Mertz Murphy Myers
O'Brien Osterhaus Quirk Reeder
Reynolds Richardson Scherrman Schrader
Seng Shoultz Smith Stevens
Taylor, D. Taylor, T. Tremmel Warnstadt
Winckler Wise Witt

 


The nays were, 52:
Alons Arnold Baudler Boal
Boddicker Boggess Bradley Brauns
Broers Brunkhorst De Boef Dix
Dolecheck Drake Eddie Eichhorn
Elgin Gipp Grundberg Hahn
Hansen Heaton Hoffman Horbach
Hoversten Huseman Jacobs Jenkins
Johnson Jones Kettering Klemme
Larson Manternach Metcalf Millage
Raecker Rants Rayhons Rekow
Roberts Shey Siegrist, Spkr. Sievers
Sukup Tymeson Tyrrell Van Engelenhoven
Van Fossen Weidman Wilderdyke Carroll,
Presiding

 


Absent or not voting, 5:
Connors Cormack Garman Petersen
Teig

 


Amendment H-8354 lost.

Murphy of Dubuque offered the following amendment H-8374, to
amendment H-8299, filed by him and moved its adoption:

H-8374

1 Amend the amendment, H-8299, to Senate File 2190,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 13 and 14 and
5 inserting the following: "the preexisting".
6 2. Page 1, line 15, by striking the words "or
7 industrial disability".
8 3. Page 1, line 17, by striking the words "or
9 disability".
10 4. Page 1, by striking lines 20 through 22 and
11 inserting the following: "in the permanent impairment
12 to the same member. However, the".
13 5. Page 1, lines 24 and 25, by striking the words
14 "or preexisting industrial disability".
15 6. Page 1, lines 28 and 29, by striking the words
16 "or preexisting industrial disability".

Hansen of Pottawattamie in the chair at 2:20 p.m.

Dotzler of Black Hawk asked unanimous consent to defer Senate
File 2190.

Objection was raised.

Dotzler of Black Hawk moved to defer Senate File 2190.

A non-record roll call was requested.

The ayes were 34, nays 44.

The motion to defer lost.

Murphy of Dubuque moved the adoption of amendment H-8374, to
amendment H-8299.

Rule 75 was invoked.

A non-record roll call was requested.

The ayes were 43, nays 50.

Amendment H-8374 lost.

The House stood at ease at 2:45 p.m., until the fall of the gavel.

The House resumed session at 3:14 p.m., Hansen of Pottawattamie
in the chair.

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty members present, forty absent.

The House resumed consideration of Senate File 2190.

Warnstadt of Woodbury offered the following amendment H-8380,
to amendment H-8299, filed by him and moved its adoption:

H-8380

1 Amend the amendment, H-8299, to Senate File 2190,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 29, by inserting after the word
5 "disability" the following: ", or if the preexisting
6 functional loss or preexisting industrial disability
7 resulted from any physical or mental injury sustained
8 by the employee while in the service of the armed
9 forces of this country".


Roll call was requested by Murphy of Dubuque and Huser of Polk.

On the question "Shall amendment H-8380, to amendment H-
8299 be adopted?" (S.F. 2190)

The ayes were, 98:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors De Boef Dix Dolecheck
Dotzler Drake Eddie Eichhorn
Elgin Fallon Finch Foege
Ford Frevert Garman Gipp
Greimann Grundberg Hahn Hatch
Heaton Hoffman Horbach Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Jones Kettering
Klemme Kreiman Kuhn Larkin
Larson Lensing Manternach Mascher
May Mertz Metcalf Millage
Murphy Myers O'Brien Osterhaus
Petersen Quirk Raecker Rants
Rayhons Reeder Rekow Reynolds
Richardson Roberts Scherrman Schrader
Seng Shey Shoultz Siegrist, Spkr.
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Tremmel Tymeson
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Wilderdyke Winckler Wise
Witt Hansen,
Presiding

 


The nays were, none.

Absent or not voting, 2:
Cormack Teig

 


Amendment H-8380 was adopted.

Smith of Marshall offered the following amendment H-8389, to
amendment H-8299, filed by him and Foege of Linn and moved its
adoption:

H-8389

1 Amend the amendment, H-8299, to Senate File 2190,
2 as amended, passed, and reprinted by the Senate, as

3 follows:
4 1. Page 1, line 29, by inserting after the word
5 "disability" the following: ", or if the preexisting
6 functional loss or preexisting industrial disability
7 resulted from a congenital defect or condition
8 regardless of when the defect or condition manifested
9 itself or became apparent".

Amendment H-8389 lost.

Jochum of Dubuque offered the following amendment H-8390, to
amendment H-8299, filed by her and moved its adoption:

H-8390

1 Amend the amendment, H-8299, to Senate File 2190,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 29, by inserting after the word
5 "disability" the following: ", or if the preexisting
6 functional loss or preexisting industrial disability
7 resulted from a congenital defect or condition which
8 manifested itself and was apparent at birth".

Amendment H-8390 was adopted.

Murphy of Dubuque offered the following amendment H-8373, to
amendment H-8299, filed by him and moved its adoption:

H-8373

1 Amend the amendment, H-8299, to Senate File 2190,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 33, by inserting after the figure
5 "2," the following: "paragraphs "a" through "t",".
6 2. Page 1, line 39, by striking the word
7 "disability" and inserting the following:
8 "impairment".

Rule 75 was invoked.

A non-record roll call was requested.

The ayes were 42, nays 47.

Amendment H-8373 lost.

Dotzler of Black Hawk asked and received unanimous consent that
amendment H-8372, to amendment H-8299 be deferred.

T. Taylor of Linn offered the following amendment H-8355, to
amendment H-8299, filed by him and moved its adoption:

H-8355

1 Amend the amendment, H-8299, to Senate File 2190,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by inserting after line 44 the
5 following:
6 "If compensation is reduced pursuant to an
7 apportionment as provided in this subsection, any
8 reduction in liability to an employer shall be passed
9 on to the employer and not the workers' compensation
10 insurer for the employer."

Amendment H-8355 lost.

Tremmel of Wapello offered the following amendment H-8375, to
amendment H-8299, filed by him and moved its adoption:

H-8375

1 Amend the amendment, H-8299, to Senate File 2190,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 44, by inserting after the word
5 "care." the following: "However, the applicable
6 previous payment does not include compensation
7 received by the employee but subsequently repaid by
8 the employee pursuant to section 85.22."

Amendment H-8375 lost.

Hatch of Polk asked and received unanimous consent to withdraw
amendments H-8386 and H-8387, to amendment H-8299 filed by him
on March 20, 2002.

Dotzler of Black Hawk offered the following amendment H-8388, to
amendment H-8299, filed by Bell of Jasper and moved its adoption:

H-8388

1 Amend the amendment, H-8299, to Senate File 2190,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 44, by inserting after the word
5 "care." the following: "However, the apportionment
6 authorized by this paragraph shall not apply to those
7 workers who are generally engaged in "high-injury-
8 risk" industries in which multiple injuries over an
9 individual's work life would be anticipated. The
10 workers' compensation commissioner and the labor
11 commissioner shall jointly identify on an annual basis
12 which industries are high-injury-risk industries."

Amendment H-8388 lost.

Murphy of Dubuque offered amendment H-8395, to amendment H-
8299, filed by him as follows:

H-8395

1 Amend the amendment, H-8299, to Senate File 2190,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by inserting after line 44 the
5 following:
6 " . Page 5, by inserting after line 5 the
7 following:
8 "Sec. . Section 91D.1, subsection 1, paragraphs
9 a and d, Code 2001, are amended to read as follows:
10 a. The hourly wage stated in the federal minimum
11 wage law, pursuant to 29 U.S.C. 206, shall be
12 increased to $3.85 $5.65 on January 1, of 1990, 2003,
13 $4.25 on January 1 of 1991, and $4.65 to $6.15 on
14 January 1, of 1992 2004.
15 d. An employer is not required to pay an employee
16 the applicable minimum wage provided in paragraph "a"
17 until the employee has completed ninety calendar days
18 of employment with the employer. An employee who has
19 completed ninety calendar days of employment with the
20 employer prior to January 1 of 1990, 1991 July 1,
21 2002, or 1992 July 1, 2003, shall earn the applicable
22 hourly minimum wage. An employer shall pay an
23 employee who has not completed ninety calendar days of
24 employment with the employer an hourly wage of at
25 least $3.35 $5.15 as of January 1 of 1990 July 1,
26 2002, $3.85 as of January 1 of 1991, and $4.25 $5.65
27 as of January 1 of 1992 July 1, 2003."
28 . Title page, line 1, by inserting after the
29 word "concerning" the following: "employment issues,
30 including the state minimum wage and"."

31 2. By renumbering as necessary.

Horbach of Tama rose on a point of order that amendment H-
8395, to amendment H-8299 was not germane.

The Speaker ruled the point well taken and amendment H-8395, to
amendment H-8299 not germane.

Murphy of Dubuque moved to suspend the rules to consider
amendment H-8395, to amendment H-8299.

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

Rule 75 was invoked.

On the question "Shall the rules be suspended to consider
amendment H-8395, to amendment H-8299?" (S.F. 2190)

The ayes were, 44:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Fallon
Foege Ford Frevert Greimann
Hatch Huser Jochum Kreiman
Kuhn Larkin Lensing Mascher
May Mertz Murphy Myers
O'Brien Osterhaus Petersen Quirk
Reeder Reynolds Richardson Scherrman
Schrader Seng Shoultz Smith
Stevens Taylor, D. Taylor, T. Tremmel
Warnstadt Winckler Wise Witt

 


The nays were, 53:
Alons Arnold Baudler Boal
Boddicker Boggess Bradley Broers
Brunkhorst Carroll De Boef Dix
Dolecheck Drake Eddie Eichhorn
Elgin Finch Garman Gipp
Grundberg Hahn Heaton Hoffman
Horbach Hoversten Huseman Jacobs
Jenkins Johnson Jones Kettering
Klemme Larson Manternach Metcalf
Millage Raecker Rants Rayhons
Rekow Roberts Shey Siegrist, Spkr.

 




Sievers Sukup Tymeson Tyrrell
Van Engelenhoven Van Fossen Weidman Wilderdyke
Hansen,
Presiding

Absent or not voting, 3:
Brauns Cormack Teig

 

The motion to suspend the rules lost.

Jochum of Dubuque asked and received unanimous consent to
withdraw amendment H-8444, to amendment H-8299, filed by her
from the floor.

Speaker pro tempore Sukup in the chair at 5:06 p.m.

T. Taylor of Linn offered the following amendment H-8391, to
amendment H-8299, previously deferred, filed by him and moved its
adoption:

H-8391

1 Amend the amendment, H-8299, to Senate File 2190,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by inserting after line 2 the
5 following:
6 " . Page 1, by inserting after line 4 the
7 following:
8 "Sec. . Section 85.26, subsection 2, Code 2001,
9 is amended by striking the subsection and inserting in
10 lieu thereof the following:
11 2. If an award for payment of benefits under
12 chapter 85, 85A, or 85B has been filed by the workers'
13 compensation commissioner, and not commuted, or if an
14 agreement for settlement pursuant to section 86.13 has
15 been filed with and approved by the commissioner and
16 not commuted, or if within six months of the
17 commencement of any kind of disability benefits a
18 denial of liability has not been filed with the
19 commissioner and notice of the denial delineating the
20 grounds of denial has not been mailed to the employee
21 in the form and manner required by the commissioner,
22 the amount of benefits due by an employer to an
23 employee may be reviewed at any time upon commencement
24 of reopening proceedings by the employer.""
25 2. By renumbering as necessary.
Amendment H-8391 lost.

Jochum of Dubuque asked and received unanimous consent to
withdraw amendment H-8392, to amendment H-8299, previously
deferred, filed by her on March 20, 2002.

Dotzler of Black Hawk offered the following amendment H-8371, to
amendment H-8299, previously deferred, filed by him and moved its
adoption:

H-8371

1 Amend the amendment, H-8299, to Senate File 2190,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by inserting after line 4 the
5 following:
6 "Sec. . Section 85.33, subsection 2, Code 2001,
7 is amended by striking the subsection and inserting in
8 lieu thereof the following:
9 2. "Temporary partial disability" or "temporarily,
10 partially disabled" means the condition of an employee
11 which, as the result of care or treatment of a
12 personal injury arising out of and in the course of
13 employment, the actual gross weekly earnings of the
14 employee is less than the weekly earnings computed in
15 accordance with section 85.36."
16 2. By renumbering as necessary.

Amendment H-8371 lost.

Dotzler of Black Hawk offered the following amendment H-8376, to
amendment H-8299, filed by him and moved its adoption:

H-8376

1 Amend the amendment, H-8299, to Senate File 2190,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by inserting after line 4 the
5 following:
6 ""Sec. . Section 85.34, subsection 5, Code
7 2001, is amended to read as follows:
8 5. Recovery of employee overpayment. If an
9 employee is paid any weekly benefits in excess of that
10 required by this chapter and chapters 85A, 85B, and
11 86, the excess paid by the employer shall be credited

12 against the liability of the employer for any future
13 weekly benefits due pursuant to subsection 2, for a

14 subsequent injury to the same employee. An
15 overpayment can be established only when the
16 overpayment is recognized in a settlement agreement
17 approved under section 86.13, pursuant to final agency
18 action in a contested case which was commenced within
19 three years from the date that weekly benefits were
20 last paid for the claim for which the benefits were
21 overpaid, or pursuant to final agency action in a
22 contested case for a prior injury to the same
23 employee. The credit shall remain available for eight
24 years after the date the overpayment was established.
25 If an overpayment is established pursuant to this
26 subsection, the employee and employer may enter into a
27 written settlement agreement providing for the
28 repayment by the employee of the overpayment. The
29 agreement is subject to the approval of the workers'
30 compensation commissioner. The employer shall not
31 take any adverse action against the employee for
32 failing to agree to such a written settlement
33 agreement. However, an overpayment shall not be
34 created if an employee has been paid compensation for
35 either a functional loss or industrial disability from
36 an injury resulting in permanent partial disability
37 and who subsequently suffers an injury in which the
38 finding of functional loss or industrial disability is
39 less than the amount or percentage of the earlier
40 compensation paid."

Amendment H-8376 was adopted.

Dotzler of Black Hawk offered the following amendment H-8372, to
amendment H-8299, filed by him and moved its adoption:

H-8372

1 Amend the amendment, H-8299, to Senate File 2190,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 43 and 44 and
5 inserting the following: "settlement, disregarding
6 any dollars received in a contested case settlement
7 related to past or future medical benefits, interest,
8 temporary total disability benefits, healing period
9 benefits, penalty benefits, or any other dollars paid
10 for any consideration received by the injured worker
11 for anything other than permanent impairment
12 benefits."

Amendment H-8372 was adopted.

Dotzler of Black Hawk rose on a point of order that amendment
H-8299, as amended, was not germane.

The Speaker ruled the point not well taken and amendment
H-8299, as amended, germane.

Horbach of Tama moved the adoption of amendment H-8299, as
amended.

Roll call was requested by Winckler of Scott and Chiodo of Polk.

On the question "Shall amendment H-8299, as amended, be
adopted?" (S.F. 2190)

The ayes were, 54:
Alons Arnold Baudler Boal
Boddicker Boggess Bradley Brauns
Broers Brunkhorst Carroll De Boef
Dix Dolecheck Drake Eddie
Eichhorn Elgin Finch Ford
Gipp Grundberg Hahn Hansen
Heaton Hoffman Horbach Hoversten
Huseman Jacobs Jenkins Johnson
Jones Kettering Klemme Larson
Manternach Metcalf Millage Raecker
Rants Rayhons Rekow Roberts
Shey Shoultz Siegrist, Spkr. Sievers
Tymeson Tyrrell Van Fossen Weidman
Wilderdyke Sukup,
Presiding

 


The nays were, 42:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Fallon
Foege Frevert Greimann Hatch
Huser Jochum Kreiman Kuhn
Larkin Lensing Mascher May
Mertz Murphy Myers O'Brien
Osterhaus Petersen Quirk Reeder
Reynolds Richardson Scherrman Schrader
Seng Smith Stevens Taylor, D.
Taylor, T. Tremmel Warnstadt Winckler
Wise Witt

 


Absent or not voting, 4:

Cormack Garman Teig Van Engelenhoven

 

Amendment H-8299, as amended, was adopted.

Dotzler of Black Hawk asked and received unanimous consent that
amendment H-8343 be deferred.

Reeder of Fayette asked and received unanimous consent to
withdraw amendment H-8344 filed by her on March 19, 2002.

T. Taylor of Linn offered the following amendment H-8345 filed by
him and moved its adoption:

H-8345

1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by inserting after line 29 the
4 following:
5 "Sec. . Section 85.36, unnumbered paragraph 1,
6 Code Supplement 2001, is amended to read as follows:
7 The basis of compensation shall be the weekly
8 earnings of the injured employee at the time of the
9 injury. "Weekly earnings" means gross earnings as
10 defined in section 85.61. "Weekly earnings " also
11 means gross salary, wages, or earnings of an employee
12 to which such employee would have been entitled had
13 the employee worked the customary hours for the full
14 pay period in which the employee was injured, as
15 regularly required by the employee's employer for the
16 work or employment for which the employee was
17 employed, computed or determined as follows and then
18 rounded to the nearest dollar:"
19 2. Page 3, by inserting after line 6 the
20 following:
21 "Sec. . Section 85.61, subsection 3, Code
22 Supplement 2001, is amended to read as follows:
23 3. "Gross earnings" means recurring payments by
24 employer to the employee for employment, before any
25 authorized or lawfully required deduction or
26 withholding of funds by the employer, excluding
27 irregular bonuses, retroactive pay, overtime, and
28 penalty pay, reimbursement of expenses, expense
29 allowances, and the employer's contribution for
30 welfare benefits and specifically including earnings

31 representing payments in kind, such as fringe

32 benefits."
33 3. By renumbering as necessary.

Amendment H-8345 lost.

Dotzler of Black Hawk offered the following amendment H-8351
filed by him and moved its adoption:

H-8351

1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by inserting after line 29, the
4 following:
5 "Sec. . Section 85.33, subsection 4, Code 2001,
6 is amended to read as follows:
7 4. If an employee is entitled to temporary partial
8 benefits under subsection 3 of this section, the
9 employer for whom the employee was working at the time
10 of injury shall pay to the employee weekly
11 compensation benefits, as provided in section 85.32,
12 for and during the period of temporary partial
13 disability. The temporary partial benefit shall be
14 sixty-six and two-thirds percent of the difference
15 between the employee's weekly earnings at the time of
16 injury, computed in compliance with section 85.36, and
17 the employee's actual gross weekly income from
18 employment during the period of temporary partial
19 disability. If at the time of injury an employee is
20 paid on the basis of the output of the employee, with
21 a minimum guarantee pursuant to a written employment
22 agreement, the minimum guarantee shall be used as the
23 employee's weekly earnings at the time of injury.
24 However, the weekly compensation benefits shall not
25 exceed the payments to which the employee would be
26 entitled under section 85.36 or section 85.37, or
27 under subsection 1 of this section."
28 2. By renumbering as necessary.

Amendment H-8351 lost.

Dotzler of Black Hawk offered the following amendment H-8352
filed by him and moved its adoption:

H-8352

1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by inserting after line 29 the

4 following:
5 "Sec. . Section 85.36, unnumbered paragraph 1,
6 Code Supplement 2001, is amended to read as follows:
7 The basis of compensation shall be the weekly
8 earnings of the injured employee at the time of the
9 injury. "Weekly earnings" means gross earnings as
10 defined in section 85.61. "Weekly earnings " also
11 means gross salary, wages, or earnings of an employee
12 to which such employee would have been entitled had
13 the employee worked the customary hours for the full
14 pay period in which the employee was injured, as
15 regularly required by the employee's employer for the
16 work or employment for which the employee was
17 employed, computed or determined as follows and then
18 rounded to the nearest dollar:"
19 2. Page 3, by inserting after line 6 the
20 following:
21 "Sec. . Section 85.61, subsection 3, Code
22 Supplement 2001, is amended to read as follows:
23 3. "Gross earnings" means recurring payments by
24 employer to the employee for employment, before any
25 authorized or lawfully required deduction or
26 withholding of funds by the employer, excluding
27 irregular bonuses, retroactive pay, overtime, penalty
28 pay, reimbursement of expenses, expense allowances,
29 and the employer's contribution for welfare benefits,
30 and specifically including all bonuses of any kind."
31 3. By renumbering as necessary.

Amendment H-8352 lost.

Dotzler of Black Hawk offered the following amendment H-8356
filed by him and moved its adoption:

H-8356

1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by inserting after line 29 the
4 following:
5 "Sec. . Section 85.37, Code 2001, is amended by
6 adding the following new unnumbered paragraph:
7 NEW UNNUMBERED PARAGRAPH. The workers'
8 compensation commissioner shall adopt rules providing
9 for an annual adjustment from the date of injury of
10 the weekly benefit amount in accordance with a
11 generally recognized cost-of-living standard."
12 2. By renumbering as necessary.


Amendment H-8356 lost.

Connors of Polk offered the following amendment H-8359 filed by
him and moved its adoption:

H-8359

1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by inserting after line 29 the
4 following:
5 "Sec. . Section 85.34, Code 2001, is amended by
6 adding the following new subsection:
7 NEW SUBSECTION. 7. REINSTATEMENT TO WORK. An
8 employee who has suffered an injury which is
9 compensable under this chapter or chapter 85A shall
10 not have the employee's employment terminated by the
11 employee's employer as a result of the injury. If an
12 employee suffers a permanent partial disability under
13 this chapter or chapter 85A, the employer shall return
14 the employee to work performing duties that shall be
15 consistent with any restrictions on the employee as a
16 result of the disability."
17 2. By renumbering as necessary.

A non-record roll call was requested.

The ayes were 37, nays 53.

Amendment H-8359 lost.

Dotzler of Black Hawk offered the following amendment H-8360
filed by him and moved its adoption:

H-8360

1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by inserting after line 29 the
4 following:
5 "Sec. . Section 85.36, subsections 6 and 7,
6 Code Supplement 2001, are amended to read as follows:
7 6. In the case of an employee who is paid on a
8 daily or hourly basis, or by the output of the
9 employee, the weekly earnings shall be computed by
10 dividing by thirteen the earnings, not including
11 overtime or premium pay, of the employee earned in the
12 employ of the employer in the last completed period of

13 thirteen consecutive calendar weeks immediately
14 preceding the injury. If the employee was absent from
15 employment for reasons personal to the employee during
16 part of the thirteen calendar weeks preceding the
17 injury, the employee's weekly earnings shall be the
18 amount the employee would have earned had the employee
19 worked when work was available to other employees of
20 the employer in a similar occupation. A week which
21 does not fairly reflect the employee's customary
22 earnings shall be replaced by the closest previous
23 week with earnings that fairly represent the
24 employee's customary earnings.
25 7. In the case of an employee who has been in the
26 employ of the employer less than thirteen calendar
27 weeks immediately preceding the injury, the employee's
28 weekly earnings shall be computed under subsection 6,
29 taking the earnings, not including overtime or premium
30 pay, for such purpose to be the amount the employee
31 would have earned had the employee been so employed by
32 the employer the full thirteen calendar weeks
33 immediately preceding the injury and had worked, when
34 work was available to other employees in a similar
35 occupation. If the earnings of other employees cannot
36 be determined, the employee's weekly earnings shall be
37 the average computed for the number of weeks the
38 employee has been in the employ of the employer."
39 2. Page 3, by inserting after line 6 the
40 following:
41 "Sec. . Section 85.61, subsection 3, Code
42 Supplement 2001, is amended to read as follows:
43 3. "Gross earnings" means recurring payments by
44 employer to the employee for employment, before any
45 authorized or lawfully required deduction or
46 withholding of funds by the employer, excluding
47 irregular bonuses, retroactive pay, overtime, penalty
48 pay, reimbursement of expenses, expense allowances,
49 and the employer's contribution for welfare benefits,
50 and specifically including overtime pay at the

Page 2

1 overtime rate."
2 3. By renumbering as necessary.

Amendment H-8360 lost.

Dotzler of Black Hawk offered the following amendment H-8361
filed by him and moved its adoption:


H-8361

1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by inserting after line 29 the
4 following:
5 "Sec. . Section 85.34, subsection 2, Code 2001,
6 is amended by striking the subsection and inserting in
7 lieu thereof the following:
8 2. PERMANENT PARTIAL DISABILITIES. Compensation
9 for permanent partial disability shall begin at the
10 termination of the healing period provided in
11 subsection 1. The compensation shall be in addition
12 to the benefits provided by sections 85.27 and 85.28.
13 The compensation shall be based upon the extent of the
14 disability and upon the basis of eighty percent per
15 week of the employee's average spendable weekly
16 earnings, but not more than a weekly benefit amount,
17 rounded to the nearest dollar, equal to one hundred
18 eighty-four percent of the statewide average weekly
19 wage paid employees as determined by the department of
20 workforce development under section 96.19, subsection
21 36, and in effect at the time of the injury. The
22 minimum weekly benefit amount shall be equal to the
23 weekly benefit amount of a person whose gross weekly
24 earnings are thirty-five percent of the statewide
25 average weekly wage. For all cases of permanent
26 partial disability compensation shall be paid based
27 upon the extent of permanent loss of earning capacity
28 proximately caused by a personal injury arising out of
29 and in the course of employment."
30 2. By renumbering as necessary.

Amendment H-8361 lost.

Eichhorn of Hamilton offered the following amendment H-8336
filed by him and moved its adoption:

H-8336

1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking page 2, line 30, through page 3,
4 line 6.
5 2. By renumbering as necessary.

Amendment H-8336 was adopted.

Dotzler of Black Hawk asked and received unanimous consent to
withdraw amendment H-8385 filed by him on March 20, 2002.

Hatch of Polk asked and received unanimous consent to withdraw
amendments H-8381 and H-8382 filed by him on March 20, 2002.

Osterhaus of Jackson offered the following amendment H-8342
filed by him and moved its adoption:

H-8342

1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, by inserting after line 6 the
4 following:
5 "Sec. . Section 85.71, Code 2001, is amended by
6 adding the following new subsection:
7 NEW SUBSECTION. 5. The employee resides in this
8 state."
9 2. By renumbering as necessary.

Amendment H-8342 lost.

Murphy of Dubuque offered the following amendment H-8346 filed
by him and moved its adoption:

H-8346

1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, by inserting after line 6, the
4 following:
5 "Sec. . Section 85.55, Code 2001, is amended to
6 read as follows:
7 85.55 WAIVERS PROHIBITED - PHYSICAL DEFECTS.
8 No employee or dependent to whom this chapter
9 applies, shall have power to waive any of the
10 provisions of this chapter in regard to the amount of
11 compensation which may be payable to such employee or
12 dependent hereunder. However, any person who has some
13 physical defect which increases the risk of injury,
14 may, subject to the approval of the workers'
15 compensation commissioner, enter into a written
16 agreement with the employee's employer waiving
17 compensation for injuries which may occur directly or
18 indirectly because of such physical defect, provided,
19 however, that such waiver shall not affect the
20 employee's benefits to be paid from the second injury
21 fund under the provisions of section 85.64."
22 2. By renumbering as necessary.


Amendment H-8346 lost.

T. Taylor of Linn offered the following amendment H-8347 filed by
him and moved its adoption:

H-8347

1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, by inserting after line 6 the
4 following:
5 "Sec. . Section 85A.12, unnumbered paragraph 1,
6 Code 2001, is amended to read as follows:
7 An employer shall not be liable for any
8 compensation for an occupational disease unless such
9 disease shall be due to the nature of an employment in
10 which the hazards of such disease actually exist, and
11 which hazards are characteristic thereof and peculiar
12 to the trade, occupation, process, or employment, and
13 such disease actually arises out of the employment,
14 and unless disablement or death results within three
15 years in case of pneumoconiosis, or within one year in
16 case of any other occupational disease, after the last
17 injurious exposure to such disease in such employment,
18 or in case of death, unless death follows continuous
19 disability from such disease commencing within the
20 period above limited for which compensation has been
21 paid or awarded or timely claim made as provided by
22 this chapter and results within seven years after such
23 exposure."
24 2. By renumbering as necessary.

Amendment H-8347 lost.

Huseman of Cherokee in the chair at 8:11 p.m.

Dotzler of Black Hawk offered the following amendment H-8348
filed by him and moved its adoption:

H-8348

1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, by inserting after line 6, the
4 following:
5 "Sec. . Section 85B.4, subsection 3, Code 2001,
6 is amended to read as follows:
7 3. "Occupational hearing loss" means that portion
8 of a permanent sensorineural loss of hearing in one or

9 both ears that exceeds an average hearing level of
10 twenty-five decibels for the frequencies five hundred,
11 one thousand, two thousand, and three thousand, and
12 four thousand Hertz, arising out of and in the course
13 of employment caused by excessive noise exposure.
14 "Occupational hearing loss" does not include loss of
15 hearing attributable to age or any other condition or
16 exposure not arising out of and in the course of
17 employment.
18 Sec. . Section 85B.9, subsection 3, Code 2001,
19 is amended to read as follows:
20 3. In calculating the total amount of hearing
21 loss, the hearing levels at each of the four five
22 frequencies, five hundred, one thousand, two thousand,
23 and three thousand, and four thousand Hertz, shall be
24 added together and divided by four five to determine
25 the average decibel hearing level for each ear. If
26 the resulting average decibel hearing level in either
27 ear is twenty-five decibels or less, the percentage
28 hearing loss for that ear shall be zero. For each
29 resulting average decibel hearing level exceeding
30 twenty-five decibels, an allowance of one and one-half
31 percent shall be made up to the maximum of one hundred
32 percent which is reached at an average decibel hearing
33 level of ninety-two decibels. In determining the
34 total binaural percentage hearing loss, the percentage
35 hearing loss for the ear with better hearing shall be
36 multiplied by five and added to the percentage hearing
37 loss for the ear with worse hearing and the sum of the
38 two divided by six.
39 Sec. . Section 85B.10, Code 2001, is amended to
40 read as follows:
41 85B.10 EMPLOYER'S NOTICE OF RESULTS OF TEST.
42 The employer shall communicate to the employee, in
43 writing, the results of an audiometric examination or
44 physical examination of an employee which reflects an
45 average hearing level in one or both ears in excess of
46 twenty-five decibels for the test frequencies of five
47 hundred, one thousand, two thousand, and three
48 thousand, and four thousand Hertz, as soon as
49 practicable after the examination. The communication
50 shall include the name and qualifications of the

Page 2

1 person conducting the audiometric examination or
2 physical examination, the site of the examination, the
3 kind or type of test or examinations given, the
4 results of each and the average decibel hearing level,
5 for the four five frequencies, in each ear, and, if
6 known to the employer, whether the hearing loss is
7 sensorineural and, if the hearing loss resulted from

8 another cause, the cause."
9 2. By renumbering as necessary.

Amendment H-8348 lost.

Dotzler of Black Hawk offered the following amendment H-8350
filed by him and moved its adoption:

H-8350

1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, by inserting after line 6, the
4 following:
5 "Sec. . Section 85.70, Code 2001, is amended to
6 read as follows:
7 85.70 ADDITIONAL PAYMENT FOR ATTENDANCE.
8 An employee who has sustained an injury resulting
9 in permanent partial or permanent total disability,
10 for which compensation is payable under this chapter,
11 and who cannot is unable to return to gainful
12 employment in the job the employee held at the time of
13 the injury because of such disability, shall upon
14 application to and approval by the workers'
15 compensation commissioner be entitled to a twenty-
16 dollar weekly an additional worker training payment
17 from the employer. The worker training payment shall
18 be in addition to any other benefit payments to the
19 employee, during each full week in which the employee
20 is not receiving healing period benefits pursuant to
21 section 85.34, and is actively participating in a
22 vocational rehabilitation program recognized by the
23 vocational rehabilitation services division of the
24 department of education or participating in any other
25 training program, including apprenticeship training,
26 recognized by the department of education. The
27 additional worker training payment authorized by this
28 section shall be in an amount determined in the same
29 manner as healing period benefits are calculated
30 pursuant to section 85.37. The workers' compensation
31 commissioner's approval of such application for
32 payment may be given only after a careful evaluation
33 of available facts, and after consultation with the
34 employer or the employer's representative. Judicial
35 review of the decision of the workers' compensation
36 commissioner may be obtained in accordance with the
37 terms of the Iowa administrative procedure Act and in
38 section 86.26. Such additional benefit payment shall
39 be paid for a period not to exceed thirteen
40 consecutive weeks except that the workers'
41 compensation commissioner may extend the period of

42 payment not to exceed an additional thirteen ninety-
43 one weeks if the circumstances indicate that a
44 continuation of training will in fact accomplish
45 assist the employee's rehabilitation."
46 2. By renumbering as necessary.

A non-record roll call was requested.

The ayes were 33, nays 44.

Amendment H-8350 lost.

Dotzler of Black Hawk offered the following amendment H-8358
filed by him and moved its adoption:

H-8358

1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, by inserting after line 6 the
4 following:
5 "Sec. . Section 85.39, unnumbered paragraph 2,
6 Code 2001, is amended to read as follows:
7 If an evaluation of permanent disability
8 examination has been made by a physician retained by
9 the employer and the employee believes this evaluation
10 to be too low that any opinion rendered as the result
11 of the examination and affecting benefits entitlement
12 is incorrect, the employee shall, upon application to
13 the commissioner and upon delivery of a copy of the
14 application to the employer and its insurance carrier,
15 be reimbursed by the employer the reasonable fee for a
16 subsequent examination by a physician of the
17 employee's own choice, and reasonably necessary
18 transportation expenses incurred for the examination.
19 The physician chosen by the employee has the right to
20 confer with and obtain from the employer-retained
21 physician sufficient history of the injury to make a
22 proper examination. This paragraph applies regardless
23 of whether or not the employer denies or accepts
24 liability for benefits."
25 2. By renumbering as necessary.

Speaker Siegrist in the chair at 8:44 p.m.

Amendment H-8358 lost.


Jochum of Dubuque offered the following amendment H-8362 filed
by her and moved its adoption:

H-8362

1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, by inserting after line 6 the
4 following:
5 "Sec. . Section 85.70, Code 2001, is amended to
6 read as follows:
7 85.70 ADDITIONAL PAYMENT FOR ATTENDANCE.
8 An employee who has sustained an injury resulting
9 in permanent partial or permanent total disability,
10 for which compensation is payable under this chapter,
11 and who cannot return to gainful employment because of
12 such disability which prevents the employee from
13 returning to the same or similar employment, shall
14 upon application to and approval by the workers'
15 compensation commissioner be entitled to a twenty-
16 dollar one-hundred-dollar weekly payment from the
17 employer in addition to any other benefit payments,
18 during each full week in which the employee is
19 actively participating in a vocational rehabilitation
20 program recognized by the vocational rehabilitation
21 services division of the department of education. The
22 workers' compensation commissioner's approval of such
23 application for payment may be given only after a
24 careful evaluation of available facts, and after
25 consultation with the employer or the employer's
26 representative. Judicial review of the decision of
27 the workers' compensation commissioner may be obtained
28 in accordance with the terms of the Iowa
29 administrative procedure Act and in section 86.26.
30 Such additional benefit payment shall be paid for a
31 period not to exceed thirteen twenty-six consecutive
32 weeks except that the workers' compensation
33 commissioner may extend the period of payment not to
34 exceed an additional thirteen twenty-six weeks if the
35 circumstances indicate that a continuation of training
36 will in fact accomplish rehabilitation."
37 2. By renumbering as necessary.

Amendment H-8362 lost.

Ford of Polk offered the following amendment H-8339 filed by him
and moved its adoption:


H-8339

1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 5, by inserting after line 5 the
4 following:
5 "Sec. . WORKERS' COMPENSATION APPORTIONMENT
6 INTERIM STUDY. The legislative council is requested
7 to authorize an interim study committee to study
8 issues concerning compensation that should be payable
9 to an employee for a permanent partial disability when
10 the employee has previously suffered an injury or
11 previously received workers' compensation benefits.
12 In addition, the interim study committee shall examine
13 whether racial discrimination impacts the payment of
14 workers' compensation benefits. The interim study
15 committee shall receive testimony from organizations
16 representing employees, employers, and workers'
17 compensation insurers concerning the impact of
18 modifying current law concerning the apportionment of
19 workers' compensation benefits. The interim study
20 committee shall submit a report of its findings and
21 recommendations, including proposed legislation, if
22 any, to the general assembly on or before January 13,
23 2003."
24 2. By renumbering as necessary.

Roll call was requested by Ford of Polk and T. Taylor of Linn.

On the question "Shall amendment H-8339 be adopted?" (S.F.
2190)

The ayes were, 40:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Foege
Ford Frevert Greimann Hatch
Huser Jochum Kreiman Kuhn
Larkin Lensing Mascher May
Mertz Murphy Myers O'Brien
Osterhaus Petersen Quirk Reeder
Scherrman Schrader Seng Shoultz
Smith Stevens Taylor, D. Taylor, T.
Tremmel Warnstadt Winckler Wise

 


The nays were, 51:
Alons Arnold Baudler Boal
Boddicker Boggess Bradley Broers
Brunkhorst Carroll De Boef Dix
Dolecheck Drake Eddie Eichhorn
Elgin Finch Gipp Grundberg
Hahn Hansen Heaton Horbach
Hoversten Huseman Jacobs Jenkins
Johnson Jones Kettering Klemme
Larson Manternach Metcalf Millage
Raecker Rants Rayhons Rekow
Roberts Shey Sievers Sukup
Tymeson Tyrrell Van Engelenhoven Van Fossen
Weidman Wilderdyke Mr. Speaker
Siegrist

 


Absent or not voting, 9:
Brauns Cormack Fallon Garman
Hoffman Reynolds Richardson Teig
Witt

 


Amendment H-8339 lost.

Chiodo of Polk asked and received unanimous consent to withdraw
amendment H-8353 filed by him on March 19, 2002.

T. Taylor of Linn offered the following amendment H-8366,
previously deferred, filed by him and moved its adoption:

H-8366

1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting after line 4 the
4 following:
5 "Sec. . Section 85.27, subsection 1, Code
6 Supplement 2001, is amended to read as follows:
7 1. The employer, for all injuries compensable
8 under this chapter or chapter 85A, shall furnish
9 reasonable surgical, medical, dental, osteopathic,
10 chiropractic, podiatric, physical rehabilitation,
11 vocational rehabilitation, nursing, ambulance and
12 hospital services and supplies therefor and shall
13 allow reasonably necessary transportation expenses
14 incurred for such services. The employer shall also
15 furnish reasonable and necessary crutches, artificial
16 members and appliances but shall not be required to
17 furnish more than one set of permanent prosthetic
18 devices."
19 2. By renumbering as necessary.

Amendment H-8366 lost.


T. Taylor of Linn offered the following amendment H-8383,
previously deferred, filed by him and moved its adoption:

H-8383

1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting after line 4 the
4 following:
5 "Sec. . Section 85.26, subsection 2, Code 2001,
6 is amended by striking the subsection and inserting in
7 lieu thereof the following:
8 2. If an award for payment of benefits under
9 chapter 85, 85A, or 85B has been filed by the workers'
10 compensation commissioner, and not commuted, or if an
11 agreement for settlement pursuant to section 86.13 has
12 been filed with and approved by the commissioner and
13 not commuted, or if within six months of the
14 commencement of any kind of disability benefits a
15 denial of liability has not been filed with the
16 commissioner and notice of the denial delineating the
17 grounds of denial has not been mailed to the employee
18 in the form and manner required by the commissioner,
19 the amount of benefits due by an employer to an
20 employee may be reviewed at any time upon commencement
21 of reopening proceedings by the employer."
22 2. By renumbering as necessary.

Amendment H-8383 lost.

Jochum of Dubuque offered the following amendment H-8349,
previously deferred, filed by her and moved its adoption:

H-8349

1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by inserting before line 6, the
4 following:
5 "Sec. . Section 85.27, subsection 4, Code
6 Supplement 2001, is amended to read as follows:
7 4. For purposes of this section, the employer is
8 obliged to furnish reasonable services and supplies to
9 treat an injured employee, and has the right to choose
10 the care the employee has the right to choose the
11 employee's care at the employer's expense if the
12 employer is notified of the choice. The treatment
13 must be offered promptly and be reasonably suited to
14 treat the injury without undue inconvenience to the
15 employee. If the employee employer has reason to be

16 dissatisfied with the care offered, the employee
17 employer should communicate the basis of such
18 dissatisfaction to the employer employee, in writing
19 if requested, following which the employer and the
20 employee may agree to alternate care reasonably suited
21 to treat the injury. If the employer and employee
22 cannot agree on such alternate care, the commissioner
23 may, upon application and reasonable proofs of the
24 necessity therefor, allow and order other care. In an
25 emergency, the employee may choose the employee's care
26 at the employer's expense, provided the employer or
27 the employer's agent cannot be reached immediately.
28 An application made under this subsection shall be
29 considered an original proceeding for purposes of
30 commencement and contested case proceedings under
31 section 85.26. The hearing shall be conducted
32 pursuant to chapter 17A. Before a hearing is
33 scheduled, the parties may choose a telephone hearing
34 or an in-person hearing. A request for an in-person
35 hearing shall be approved unless the in-person hearing
36 would be impractical because of the distance between
37 the parties to the hearing. The workers' compensation
38 commissioner shall issue a decision within ten working
39 days of receipt of an application for alternate care
40 made pursuant to a telephone hearing or within
41 fourteen working days of receipt of an application for
42 alternate care made pursuant to an in-person hearing.
43 The employer shall notify an injured employee of the
44 employee's ability to contest the employer's choice of
45 care pursuant to this subsection. This subsection
46 does not prohibit an employer from retaining a
47 physician or other health service provider for use by
48 employees."
49 2. By renumbering as necessary.

Roll call was requested by Jochum of Dubuque and Horbach of
Tama.

On the question "Shall amendment H-8349 be adopted?" (S.F.
2190)

The ayes were, 41:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Foege
Ford Frevert Greimann Hatch
Huser Jochum Kreiman Kuhn
Larkin Lensing Mascher May
Mertz Murphy Myers O'Brien
Osterhaus Petersen Quirk Reeder
Richardson Scherrman Schrader Seng
Shoultz Smith Stevens Taylor, D.
Taylor, T. Tremmel Warnstadt Winckler
Wise

 


The nays were, 52:
Alons Arnold Baudler Boal
Boddicker Boggess Bradley Broers
Brunkhorst Carroll De Boef Dix
Dolecheck Drake Eddie Eichhorn
Elgin Finch Gipp Grundberg
Hahn Hansen Heaton Hoffman
Horbach Hoversten Huseman Jacobs
Jenkins Johnson Jones Kettering
Klemme Larson Manternach Metcalf
Millage Raecker Rants Rayhons
Rekow Roberts Shey Sievers
Sukup Tymeson Tyrrell Van Engelenhoven
Van Fossen Weidman Wilderdyke Mr. Speaker
Siegrist

 


Absent or not voting, 7:
Brauns Cormack Fallon Garman
Reynolds Teig Witt

 

Amendment H-8349 lost.

Jochum of Dubuque asked and received unanimous consent to
withdraw amendment H-8384, previously deferred, filed by her on
March 20, 2002.

Dotzler of Black Hawk offered the following amendment H-8343,
previously deferred, filed by him and moved its adoption:

H-8343

1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by inserting after line 29 the
4 following:
5 "Sec. . Section 85.36, unnumbered paragraph 1,
6 Code Supplement 2001, is amended to read as follows:
7 The basis of compensation shall be the weekly
8 earnings of the injured employee at the time of the
9 injury. "Weekly earnings" means gross earnings as
10 defined in section 85.61. "Weekly earnings " also
11 means gross salary, wages, or earnings of an employee
12 to which such employee would have been entitled had

13 the employee worked the customary hours for the full
14 pay period in which the employee was injured, as
15 regularly required by the employee's employer for the
16 work or employment for which the employee was
17 employed, computed or determined as follows and then
18 rounded to the nearest dollar:
19 Sec. . Section 85.36, subsections 6 and 7, Code
20 Supplement 2001, are amended to read as follows:
21 6. In the case of an employee who is paid on a
22 daily or hourly basis, or by the output of the
23 employee, the weekly earnings shall be computed by
24 dividing by thirteen the earnings, not including
25 overtime or premium pay, of the employee earned in the
26 employ of the employer all employers in the last
27 completed period of thirteen consecutive calendar
28 weeks immediately preceding the injury. If the
29 employee was absent from employment for reasons
30 personal to the employee during part of the thirteen
31 calendar weeks preceding the injury, the employee's
32 weekly earnings shall be the amount the employee would
33 have earned had the employee worked when work was
34 available to other employees of the employer in a
35 similar occupation. A week which does not fairly
36 reflect the employee's customary earnings shall be
37 replaced by the closest previous week with earnings
38 that fairly represent the employee's customary
39 earnings.
40 7. In the case of an employee who has been in the
41 employ of the employer less than thirteen calendar
42 weeks immediately preceding the injury, the employee's
43 weekly earnings shall be computed under subsection 6,
44 taking the earnings, not including overtime or premium
45 pay, for such purpose to be the amount the employee
46 would have earned had the employee been so employed by
47 the employer all employers during the full thirteen
48 calendar weeks immediately preceding the injury and
49 had worked, when work was available to other employees
50 in a similar occupation. If the earnings of other

Page 2

1 employees cannot be determined, the employee's weekly
2 earnings shall be the average computed for the number
3 of weeks the employee has been in the employ of the
4 employer all employers."
5 2. Page 3, by inserting after line 6 the
6 following:
7 "Sec. . Section 85.61, subsection 3, Code
8 Supplement 2001, is amended to read as follows:
9 3. "Gross earnings" means recurring payments by
10 any employer to the employee for employment, before
11 any authorized or lawfully required deduction or

12 withholding of funds by the employer, excluding
13 irregular bonuses, retroactive pay, overtime, penalty
14 pay, reimbursement of expenses, expense allowances,
15 and the employer's contribution for welfare benefits."
16 3. By renumbering as necessary.

Amendment H-8343 lost.

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. 2190)

The ayes were, 53:
Alons Arnold Baudler Boal
Boddicker Boggess Bradley Brauns
Broers Brunkhorst Carroll De Boef
Dix Dolecheck Drake Eddie
Eichhorn Elgin Finch Gipp
Grundberg Hahn Hansen Heaton
Hoffman Horbach Hoversten Huseman
Jacobs Jenkins Johnson Jones
Kettering Klemme Larson Manternach
Metcalf Millage Raecker Rants
Rayhons Rekow Roberts Shey
Sievers Sukup Tymeson Tyrrell
Van Engelenhoven Van Fossen Weidman Wilderdyke
Mr. Speaker
Siegrist

 


The nays were, 42:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Fallon
Foege Ford Frevert Greimann
Hatch Huser Jochum Kreiman
Kuhn Larkin Lensing Mascher
May Mertz Murphy Myers
O'Brien Osterhaus Petersen Quirk
Reeder Richardson Scherrman Schrader
Seng Shoultz Smith Stevens
Taylor, D. Taylor, T. Tremmel Warnstadt
Winckler Wise

 


Absent or not voting, 5:
Cormack Garman Reynolds Teig
Witt
The bill having received a constitutional majority was declared to have passed the House and the title was agreed to.

 


IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
Senate File 2190 be immediately messaged to the Senate.

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
March 27, 2002, amended and passed the following bill in which the concurrence of the
House is asked:

House File 678, a bill for an act relating to child custody and visitation including
the requirement of mediation when a custody arrangement is disputed.

Also: That the Senate has on March 27, 2002, amended and passed the following
bill in which the concurrence of the House is asked:

House File 2365, a bill for an act relating to certain documents indexed and
recorded with the county recorder.

Also: That the Senate has on March 27, 2002, passed the following bill in which the
concurrence of the Senate was asked:

House File 2506, a bill for an act relating to the issuance of a no-contact order
against a defendant convicted of a sexual offense upon the defendant's release from jail
or prison.

Also: That the Senate has on March 27, 2002, passed the following bill in which the
concurrence of the House is asked:

Senate File 2318, a bill for an act relating to the tax on premiums and subscriber
contract payments received by insurance companies and health service corporations by
phasing in a reduction in the tax and increasing the prepayment of the tax.

MICHAEL E. MARSHALL, Secretary

EXPLANATIONS OF VOTE

I inadvertently voted "aye" on amendment H-8299 to Senate File
2190. I meant to vote "nay."

FORD of Polk

I was necessarily absent from the House chamber on March 20 and
27, 2002. Had I been present, I would have voted "aye" on House
Files 2201, 2592 and Senate File 2301.

HEATON of Henry

I inadvertently voted "aye" on amendment H-8299 to Senate File
2190. I meant to vote "nay."

SHOULTZ of Black Hawk

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 27th day of March, 2002: House Files 2138, 2150, 2153, 2229, 2230, 2246, 2281
and 2289.

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:

Fourth and Fifth grade students from Harris-Lake Park School,
accompanied by Superintendent Gary Richardson and Principal Judy
Brueggeman. By Johnson of Osceola and Stevens of Dickinson.

COMMUNICATIONS RECEIVED

The following communications were received and filed in the office
of the Chief Clerk:

DEPARTMENT OF ELDER AFFAIRS

The Annual Report of the Senior Living Coordinating Unite, pursuant to Chapter
231.58, Code of Iowa.

DEPARTMENT OF HUMAN RIGHTS
Division of Community Action Agencies

A report making recommendations regarding legislation designed to improve the
status of low-income persons, pursuant to Chapter 216A.92B, Code of Iowa.

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

2002\873 Eugene Kading, Stuart - For celebrating her 80th birthday.

2002\874 Clair and Helene Crowl, Panora - For celebrating their 50th wedding
anniversary.

2002\875 Julie Beth Townsend, Park View Middle School, Ankeny - For
receiving the 2001 Presidential Awards for Excellence in
Mathematics and Science Teaching.

2002\876 Jennifer Erbe, Starry Elementary School, Marion - For being
named Iowa Teacher of the Year for 2002.

SUBCOMMITTEE ASSIGNMENT

Senate File 2316

Appropriations: Jenkins, Chair; Dix and Mascher.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 717 Ways and Means

Relating to the utility replacement tax, and providing for the Act's
retroactive applicability.

H.S.B. 718 Appropriations

Relating to and making appropriations to state departments and
agencies from the tobacco settlement trust fund, rebuild Iowa
infrastructure fund, and environment first fund, and providing
effective dates.


RESOLUTIONS FILED

HR 117, by Atteberry and Scherrman, a resolution recognizing Mr.
Joe Stepanek and Mr. Brandon Trapp for their acts of heroism.

Laid over under Rule 25.

SCR 109, by Hansen, a concurrent resolution requesting that the
governor annually designate the third week in the month of October
as Cultural Awareness Week.

Laid over under Rule 25.

SCR 110, by Houser, a concurrent resolution honoring Dr. William
Campbell for more than fifty years of service to the people of Iowa.

Laid over under Rule 25..
AMENDMENTS FILED

H-8445 S.F. 2228 Wise of Lee
Mascher of Johnson
H-8446 S.F. 2228 Osterhaus of Jackson
H-8447 S.F. 2197 Senate Amendment
H-8448 H.F. 2247 Senate Amendment
H-8449 H.F. 2344 Senate Amendment
H-8450 H.F. 2571 Senate Amendment
H-8451 S.F. 2118 Hansen of Pottawattamie
Myers of Johnson
H-8452 S.F. 2228 Huser of Polk
Van Fossen of Scott
H-8453 S.F. 2228 Van Fossen of Scott
Sievers of Scott Shey of Linn
Sukup of Franklin Millage of Scott
Hoversten of Woodbury Huser of Polk
Chiodo of Polk
H-8454 S.F. 2228 Van Fossen of Scott
Shey of Linn Sievers of Scott
Boal of Polk Sukup of Franklin
Millage of Scott Hoversten of Woodbury
Huser of Polk Chiodo of Polk

H-8455 S.F. 2228 Van Fossen of Scott
Shey of Linn Hoversten of Woodbury
Huser of Polk Chiodo of Polk
H-8456 S.F. 2228 Van Fossen of Scott
Shey of Linn
Hoversten of Woodbury
Huser of Polk
H-8457 S.F. 2228 Van Fossen of Scott
Shey of Linn
Hoversten of Woodbury
Chiodo of Polk
H-8458 S.F. 2228 Van Fossen of Scott
Shey of Linn
Millage of Scott
Hoversten of Woodbury
Chiodo of Polk
H-8459 S.F. 2228 Van Fossen of Scott
Shey of Linn Sievers of Scott
Sukup of Franklin Millage of Scott
Hoversten of Woodbury Huser of Polk
Chiodo of Polk
H-8460 S.F. 2228 Van Fossen of Scott
H-8461 S.F. 2228 Van Fossen of Scott
Shey of Linn
Hoversten of Woodbury
Huser of Polk
Chiodo of Polk
H-8462 S.F. 2228 Van Fossen of Scott
H-8463 S.F. 2228 Van Fossen of Scott
Huser of Polk Metcalf of Polk
Elgin of Linn Hoversten of Woodbury
Chiodo of Polk
H-8464 H.F. 678 Senate Amendment
H-8465 H.F. 2365 Senate Amendment
H-8466 S.F. 2228 Shey of Linn
H-8467 S.F. 503 Kuhn of Floyd
H-8468 S.F. 2228 Sievers of Scott

On motion by Rants of Woodbury the House adjourned at 9:24
p.m., until 8:45 a.m., Thursday, March 28, 2002.


Previous Day: Tuesday, March 26Next Day: Thursday, March 28
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

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