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House Journal: Monday, March 31, 2003

JOURNAL OF THE HOUSE

Seventy-eighth Calendar Day - Fifty-fifth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Monday, March 31, 2003

The House met pursuant to adjournment at 1:00 p.m., Speaker
Rants in the chair.

Prayer was offered by the Honorable Ralph Klemme, state
representative from Plymouth County.

The Journal of Friday, March 28, 2003 was approved.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Speaker Rants.

ADOPTION OF HOUSE RESOLUTION 48

Dix of Butler and Foege of Linn called up for consideration House
Resolution 48, a resolution congratulating the 2002-2003 Wartburg
College Wrestling Team, and moved its adoption.

The motion prevailed and the resolution was adopted.

SPECIAL PRESENTATION

Dix of Butler and Foege of Linn introduced to the House the 2002-
2003 Wartburg College Wrestling Team and their head coach Jim
Miller who introduced his team addressed the House briefly thanking
them for the honor.

The House rose and expressed its welcome.

On motion by Gipp of Winneshiek, the House was recessed at 1:12
p.m., until 2:15 p.m.

AFTERNOON SESSION

The House reconvened at 2:18 p.m., Speaker Rants in the chair.

The House stood at ease at 2:19 p.m., until the fall of the gavel.

The House resumed session at 3:57 p.m., Speaker Rants in the
chair.

CONSIDERATION OF BILLS
Regular Calendar

House File 381, a bill for an act relating to anatomical gifts
including bone marrow and organ donation by state employees and
grants from the anatomical gift public awareness and transplantation
fund, was taken up for consideration.

Watts of Dallas offered the following amendment H-1032 filed by
him and moved its adoption:

H-1032

1 Amend House File 381 as follows:
2 1. Page 1, line 14, by inserting after the words
3 "absence of" the following: "up to".
4 2. Page 1, line 16, by inserting after the word
5 "verification" the following: "from the employee's
6 physician or the hospital involved with the bone
7 marrow donation".
8 3. Page 1, line 18, by inserting after the words
9 "absence of" the following: "up to".
10 4. Page 1, line 20, by inserting after the word
11 "verification" the following: "from the employee's
12 physician or the hospital involved with the vascular
13 organ donation".
14 5. Page 1, line 31, by inserting after the word
15 "the" the following: "Iowa".
16 6. Page 2, by striking lines 11 through 18, land
17 inserting the following: "recipients, transplant
18 candidates, living organ donors, or to legal
19 representatives on behalf of transplant recipients,
20 transplant candidates, or living organ donors.
21 Transplant recipients, transplant candidates, living
22 organ donors, or the legal representatives of
23 transplant recipients, transplant candidates, or
24 living organ donors shall submit grant applications
25 with supporting documentation provided by a hospital
26 ~~shall submit an application on behalf of a patient~~
27 ~~requiring~~ that performs transplants, verifying that
28 the person by or for whom the application is submitted
29 requires a transplant in or is a living organ donor
30 and specifying the amount".

Amendment H-1032 was adopted.

Watts of Dallas 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. 381)

The ayes were, 98:

Alons	Arnold	Baudler	Bell
Berry	Boal	Boddicker	Boggess
Bukta	Chambers	Cohoon	Connors
Dandekar	Davitt	De Boef	Dennis
Dix	Dolecheck	Drake	Eichhorn
Elgin	Fallon	Foege	Ford
Freeman	Frevert	Gaskill	Gipp
Granzow	Greimann	Greiner	Hahn
Hansen	Hanson	Heaton	Heddens
Hoffman	Hogg	Horbach	Hunter
Huseman	Huser	Hutter	Jacobs
Jenkins	Jochum	Jones	Klemme
Kramer	Kuhn	Kurtenbach	Lalk
Lensing	Lukan	Lykam	Maddox
Manternach	Mascher	McCarthy	Mertz
Miller	Murphy	Myers	Oldson
Olson, D.	Olson, S.	Paulsen	Petersen
Quirk	Raecker	Rasmussen	Rayhons
Reasoner	Roberts	Sands	Schickel
Shoultz	Smith	Stevens	Struyk
Swaim	Taylor, D.	Taylor, T.	Thomas
Tjepkes	Tymeson	Upmeyer	Van Engelenhoven
Van Fossen, J.K.	Van Fossen, J.R.	Watts	Wendt
Whitaker	Whitead	Wilderdyke	Winckler
Wise	Mr. Speaker
	Rants

The nays were, none.

Absent or not voting, 2:

Carroll	Osterhaus

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

HOUSE FILE 147 WITHDRAWN

Watts of Dallas asked and received unanimous consent to
withdraw House File 147 from further consideration by the House.

House File 454, a bill for an act relating to mandatory universal
newborn and infant hearing screening, was taken up for
consideration.

Boddicker of Cedar asked and received unanimous consent to
withdraw amendment H-1043 filed by him and Foege of Linn on
March 11, 2003.

Upmeyer of Hancock offered the following amendment H-1111
filed by Upmeyer, et al., and moved its adoption:

H-1111

1 Amend House File 454 as follows:
2 1. Page 2, by inserting after line 27, the
3 following:
4 "6A. This section shall not apply if the parent
5 objects to the screening. If a parent objects to the
6 screening, the birthing hospital, physician, or other
7 health care professional required to report
8 information to the department under this section shall
9 obtain a written refusal from the parent, shall
10 document the refusal in the newborn's or infant's
11 medical record, and shall report the refusal to the
12 department in the manner prescribed by rule of the
13 department."
14 2. By renumbering as necessary.

A non-record roll call was requested.

The ayes were 60, nays 9.

Amendment H-1111 was adopted.

Upmeyer of Hancock 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. 454)

The ayes were, 95:

Alons	Arnold	Baudler	Bell
Berry	Boal	Boddicker	Boggess
Bukta	Chambers	Cohoon	Dandekar
Davitt	De Boef	Dennis	Dix
Dolecheck	Drake	Eichhorn	Elgin
Fallon	Foege	Ford	Freeman
Frevert	Gaskill	Gipp	Granzow
Greimann	Greiner	Hahn	Hansen
Hanson	Heaton	Heddens	Hoffman
Hogg	Hunter	Huseman	Huser
Hutter	Jacobs	Jenkins	Jochum
Jones	Klemme	Kramer	Kuhn
Kurtenbach	Lalk	Lensing	Lukan
Lykam	Maddox	Manternach	Mascher
McCarthy	Mertz	Miller	Murphy
Myers	Oldson	Olson, D.	Olson, S.
Paulsen	Petersen	Quirk	Raecker
Rasmussen	Rayhons	Reasoner	Roberts
Sands	Schickel	Shoultz	Smith
Stevens	Struyk	Swaim	Taylor, D.
Taylor, T.	Thomas	Tjepkes	Tymeson
Upmeyer	Van Engelenhoven	Van Fossen, J.R.	Watts
Wendt	Whitaker	Whitead	Wilderdyke
Winckler	Wise	Mr. Speaker
		Rants

The nays were, 1:

Connors

Absent or not voting, 4:

Carroll	Horbach	Osterhaus	Van Fossen, J.K.

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

HOUSE FILE 190 WITHDRAWN

Upmeyer of Hancock asked and received unanimous consent to
withdraw House File 190 from further consideration by the House.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Osterhaus of Jackson on request of T. Taylor of Linn.

Unfinished Business Calendar

House File 612, a bill for an act relating to the exemption from
land ownership restrictions for nonresident aliens under the new jobs
and income program, was taken up for consideration.

Granzow of Hardin 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. 612)

The ayes were, 70:

Alons	Arnold	Baudler	Boal
Boddicker	Boggess	Chambers	Dandekar
De Boef	Dennis	Dix	Dolecheck
Drake	Eichhorn	Elgin	Foege
Freeman	Gipp	Granzow	Greiner
Hahn	Hansen	Hanson	Heaton
Hoffman	Horbach	Huseman	Hutter
Jacobs	Jenkins	Jones	Klemme
Kramer	Kurtenbach	Lalk	Lensing
Lukan	Lykam	Maddox	Manternach
Mascher	Miller	Murphy	Myers
Oldson	Olson, D.	Olson, S.	Paulsen
Petersen	Quirk	Raecker	Rasmussen
Rayhons	Reasoner	Roberts	Sands
Schickel	Struyk	Thomas	Tjepkes
Tymeson	Upmeyer	Van Engelenhoven	Van Fossen, J.K.
Van Fossen, J.R.	Watts	Wilderdyke	Winckler
Wise	Mr. Speaker
	Rants

The nays were, 28:

Bell	Berry	Bukta	Cohoon
Connors	Davitt	Fallon	Ford
Frevert	Gaskill	Greimann	Heddens
Hogg	Hunter	Huser	Jochum
Kuhn	McCarthy	Mertz	Shoultz
Smith	Stevens	Swaim	Taylor, D.
Taylor, T.	Wendt	Whitaker	Whitead

Absent or not voting, 2:

Carroll	Osterhaus

Alons	Arnold	Baudler	Bell
Berry	Boal	Boddicker	Boggess
Bukta	Chambers	Cohoon	Connors
Dandekar	Davitt	De Boef	Dennis
Dix	Dolecheck	Drake	Eichhorn
Elgin	Freeman	Frevert	Gaskill
Gipp	Granzow	Greimann	Greiner
Hahn	Hansen	Hanson	Heaton
Heddens	Hoffman	Horbach	Hunter
Huseman	Hutter	Jacobs	Jenkins
Jochum	Jones	Klemme	Kramer
Kuhn	Kurtenbach	Lalk	Lensing
Lukan	Lykam	Maddox	Manternach
Mascher	McCarthy	Mertz	Miller
Murphy	Myers	Oldson	Olson, D.
Olson, S.	Paulsen	Petersen	Quirk
Raecker	Rasmussen	Rayhons	Reasoner
Roberts	Sands	Schickel	Shoultz
Smith	Stevens	Struyk	Swaim
Taylor, D.	Taylor, T.	Thomas	Tjepkes
Tymeson	Upmeyer	Van Engelenhoven	Van Fossen, J.K.
Van Fossen, J.R.	Watts	Wendt	Whitaker
Whitead	Wilderdyke	Winckler	Wise
Mr. Speaker
Rants

The nays were, 4:

Fallon	Ford	Hogg	Huser

Absent or not voting, 3:

Foege	Osterhaus

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

House File 634, a bill for an act relating to the conversion of
cooperative associations originally organized as business
corporations, was taken up for consideration.

Mertz of Kossuth 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. 634)

The ayes were, 97:

Alons	Arnold	Baudler	Bell
Berry	Boal	Boddicker	Boggess
Bukta	Chambers	Cohoon	Connors
Dandekar	Davitt	De Boef	Dennis
Dix	Dolecheck	Drake	Eichhorn
Elgin	Fallon	Ford	Freeman
Frevert	Gaskill	Gipp	Granzow
Greimann	Greiner	Hahn	Hansen
Hanson	Heaton	Heddens	Hoffman
Hogg	Horbach	Hunter	Huseman
Huser	Hutter	Jacobs	Jenkins
Jochum	Jones	Klemme	Kramer
Kuhn	Kurtenbach	Lalk	Lensing
Lukan	Lykam	Maddox	Manternach
Mascher	McCarthy	Mertz	Miller
Murphy	Myers	Oldson	Olson, D.
Olson, S.	Paulsen	Petersen	Quirk
Raecker	Rasmussen	Rayhons	Reasoner
Roberts	Sands	Schickel	Shoultz
Smith	Stevens	Struyk	Swaim
Taylor, D.	Taylor, T.	Thomas	Tjepkes
Tymeson	Upmeyer	Van Engelenhoven	Van Fossen, J.K.
Van Fossen, J.R.	Watts	Wendt	Whitaker
Whitead	Wilderdyke	Winckler	Wise
Mr. Speaker
Rants

The nays were, none.

Absent or not voting, 3:

Carroll	Foege	Osterhaus

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

House File 602, a bill for an act providing for the establishment of
a continuous quality improvement program relating to licensed
pharmacy operations, was taken up for consideration.

Greiner of Washington offered the following amendment H-1068
filed by her and moved its adoption:

H-1068

1 Amend House File 602 as follows:
2 1. Page 1, line 3, by inserting after the word
3 "implement" the following: "or participate in".

Amendment H-1068 was adopted.

Greiner of Washington 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. 602)

The ayes were, 88:

Arnold	Baudler	Bell	Berry
Boal	Boddicker	Boggess	Bukta
Carroll	Chambers	Cohoon	Connors
Dandekar	Davitt	De Boef	Dennis
Dix	Dolecheck	Drake	Elgin
Fallon	Foege	Ford	Freeman
Frevert	Gaskill	Gipp	Granzow
Greimann	Greiner	Hahn	Hansen
Hanson	Heaton	Heddens	Hoffman
Hunter	Huseman	Hutter	Jacobs
Jenkins	Jochum	Jones	Klemme
Kramer	Kuhn	Kurtenbach	Lalk
Lensing	Lukan	Lykam	Maddox
Manternach	Mascher	Miller	Murphy
Myers	Oldson	Olson, S.	Paulsen
Petersen	Quirk	Raecker	Rasmussen
Rayhons	Reasoner	Roberts	Sands
Shoultz	Smith	Stevens	Taylor, D.
Taylor, T.	Thomas	Tjepkes	Tymeson
Upmeyer	Van Engelenhoven	Van Fossen, J.K.	Van Fossen, J.R.
Watts	Wendt	Whitaker	Whitead
Wilderdyke	Winckler	Wise	Mr. Speaker
			Rants

The nays were, 11:

Alons	Eichhorn	Hogg	Horbach
Huser	McCarthy	Mertz	Olson, D.
Schickel	Struyk	Swaim

Absent or not voting, 1:

Osterhaus

Alons	Arnold	Baudler	Bell
Berry	Boal	Boddicker	Boggess
Bukta	Carroll	Chambers	Cohoon
Connors	Dandekar	Davitt	De Boef
Dennis	Dix	Dolecheck	Drake
Eichhorn	Elgin	Fallon	Foege
Ford	Freeman	Frevert	Gaskill
Gipp	Granzow	Greimann	Greiner
Hahn	Hansen	Hanson	Heaton
Heddens	Hoffman	Hogg	Horbach
Hunter	Huseman	Huser	Hutter
Jacobs	Jenkins	Jochum	Jones
Klemme	Kramer	Kuhn	Kurtenbach
Lalk	Lensing	Lukan	Lykam
Maddox	Manternach	Mascher	McCarthy
Mertz	Miller	Murphy	Myers
Oldson	Olson, D.	Olson, S.	Paulsen
Petersen	Quirk	Raecker	Rasmussen
Rayhons	Reasoner	Roberts	Sands
Schickel	Shoultz	Smith	Stevens
Struyk	Swaim	Taylor, D.	Taylor, T.
Thomas	Tjepkes	Tymeson	Upmeyer
Van Engelenhoven	Van Fossen, J.K.	Van Fossen, J.R.	Watts
Wendt	Whitaker	Whitead	Wilderdyke
Winckler	Wise	Mr. Speaker
		Rants

The nays were, none.

Absent or not voting, 1:

Osterhaus

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

HOUSE FILE 444 WITHDRAWN

Hansen of Pottawattamie asked and received unanimous consent
to withdraw House File 444 from further consideration by the House.

House File 647, a bill for an act relating to insurance, including
various filing and information privacy requirements throughout the
insurance code, calculation of assessments by the Iowa individual
health benefit reinsurance association, payment of certain insurance
fees, certain self-funded insurance plans by school corporations or

political subdivisions, designation of the commissioner of insurance as
process agent for various entities conducting insurance business in
this state, notification provisions relating to the effective date of
cancellation of insurance, beneficial stock ownership filings, funding
agreements, creating an insurable interest in active or retired
employee lives for the benefit of an employer, providing for an
interstate insurance product regulation compact, and providing for
retroactive applicability and an effective date, was taken up for
consideration.

Petersen of Polk offered amendment H-1159 filed by her as follows:

H-1159

1 Amend House File 647 as follows:
2 1. Page 1, by inserting after line 1 the
3 following:
4 "Section 1. Section 29A.43, Code 2003, is amended
5 to read as follows:
6 29A.43 DISCRIMINATION PROHIBITED - LEAVE OF
7 ABSENCE - CONTINUATION OF HEALTH COVERAGE.
8 1. A person shall not discriminate against any
9 officer or enlisted person of the national guard or
10 organized reserves of the armed forces of the United
11 States because of that membership. An employer, or
12 agent of an employer, shall not discharge a person
13 from employment because of being an officer or
14 enlisted person of the military forces of the state,
15 or hinder or prevent the officer or enlisted person
16 from performing any military service the person is
17 called upon to perform by proper authority. A member
18 of the national guard or organized reserves of the
19 armed forces of the United States ordered to temporary
20 duty, as defined in section 29A.1, subsection 1, 3, or
21 11, for any purpose is entitled to a leave of absence
22 during the period of the duty or service, from the
23 member's private employment, other than employment of
24 a temporary nature, and upon completion of the duty or
25 service the employer shall restore the person to the
26 position held prior to the leave of absence, or employ
27 the person in a similar position. However, the person
28 shall give evidence to the employer of satisfactory
29 completion of the training or duty, and that the
30 person is still qualified to perform the duties of the
31 position. The period of absence shall be construed as
32 an absence with leave, and shall in no way affect the
33 employee's rights to vacation, sick leave, bonus, or
34 other employment benefits relating to the employee's
35 particular employment. A person violating a provision

36 of this section is guilty of a simple misdemeanor.
37 2. An officer or enlisted person of the national
38 guard or organized reserves of the armed forces of the
39 United States who has coverage under a group policy
40 for accident or health insurance as an employee or
41 member or as the spouse or covered dependent child of
42 an employee or member, whose coverage under the group
43 policy would otherwise terminate while the officer or
44 enlisted person was on a leave of absence during a
45 period of temporary duty or service, for any purpose,
46 as defined in section 29A.1, subsection 1, 3, or 11,
47 shall be considered to have been continuously insured
48 under the group policy for the purpose of obtaining
49 coverage under the group policy upon a return to
50 employment or to status as a full-time student who is

Page 2

1 twenty-five years of age or less. This subsection
2 does not apply to coverage of an injury suffered or a
3 disease contracted by a member of the national guard
4 or organized reserves of the armed forces of the
5 United States in the line of duty."
6 2. By renumbering as necessary.

Petersen of Polk offered the following amendment H-1180, to
amendment H-1159, filed by her and moved its adoption:

H-1180

1 Amend the amendment, H-1159, to House File 647 as
2 follows:
3 1. By striking page 1, line 4 through page 2,
4 line 5, and inserting the following:
5 "Section 1. Section 29A.43, Code 2003, is amended
6 to read as follows:
7 29A.43 DISCRIMINATION PROHIBITED - LEAVE OF
8 ABSENCE - CONTINUATION OF HEALTH COVERAGE.
9 1. A person shall not discriminate against any
10 officer or enlisted person of the national guard or
11 organized reserves of the armed forces of the United
12 States because of that membership. An employer, or
13 agent of an employer, shall not discharge a person
14 from employment because of being an officer or
15 enlisted person of the military forces of the state,
16 or hinder or prevent the officer or enlisted person
17 from performing any military service the person is
18 called upon to perform by proper authority. A member
19 of the national guard or organized reserves of the
20 armed forces of the United States ordered to temporary
21 duty, as defined in section 29A.1, subsection 1, 3, or

22 11, for any purpose is entitled to a leave of absence
23 during the period of the duty or service, from the
24 member's private employment, other than employment of
25 a temporary nature, and upon completion of the duty or
26 service the employer shall restore the person to the
27 position held prior to the leave of absence, or employ
28 the person in a similar position. However, the person
29 shall give evidence to the employer of satisfactory
30 completion of the training or duty, and that the
31 person is still qualified to perform the duties of the
32 position. The period of absence shall be construed as
33 an absence with leave, and shall in no way affect the
34 employee's rights to vacation, sick leave, bonus, or
35 other employment benefits relating to the employee's
36 particular employment. A person violating a provision
37 of this section is guilty of a simple misdemeanor.
38 2. An officer or enlisted person of the national
39 guard or organized reserves of the armed forces of the
40 United States who is insured as a dependent under a
41 group policy for accident or health insurance as a
42 full-time student less than twenty-five years of age,
43 whose coverage under the group policy would otherwise
44 terminate while the officer or enlisted person was on
45 a leave of absence during a period of temporary duty
46 or service, as defined for members of the national
47 guard in section 29A.1, subsection 1, 3, or 11, or as
48 a member of the organized reserves called to active
49 duty from a reserve component status, shall be
50 considered to have been continuously insured under the

Page 2

1 group policy for the purpose of returning to the
2 insured dependent status as a full-time student who is
3 less than twenty-five years of age. This subsection
4 does not apply to coverage of an injury suffered or a
5 disease contracted by a member of the national guard
6 or organized reserves of the armed forces of the
7 United States in the line of duty.""
8 2. By renumbering, redesignating, and correcting
9 internal references as necessary.

Amendment H-1180 was adopted.

On motion by Petersen of Polk, amendment H-1159, as amended,
was adopted.

Hoffman of Crawford asked and received unanimous consent to
withdraw amendment H-1173 filed by him on March 26, 2003.

Hoffman of Crawford offered amendment H-1172 filed by him as
follows:

H-1172

1 Amend House File 647 as follows:
2 1. Page 5, by inserting after line 8, the
3 following:
4 "Sec. . Section 508.38, subsection 2,
5 unnumbered paragraph 1, Code 2003, is amended by
6 striking the unnumbered paragraph and inserting in
7 lieu thereof the following:
8 In the case of contracts issued on or after the
9 operative date of this section as defined in
10 subsection 11, no contract of annuity, except as
11 stated in subsection 1, shall be delivered or issued
12 for delivery in this state unless it contains in
13 substance the following provisions, or corresponding
14 provisions that in the opinion of the commissioner are
15 at least as favorable to the contract holder, upon
16 cessation of payment of considerations under the
17 contract:
18 Sec. . Section 508.38, subsection 2, paragraphs
19 a and b, Code 2003, are amended by striking the
20 paragraphs and inserting in lieu thereof the
21 following:
22 a. That upon cessation of payment of
23 considerations under a contract or upon the written
24 request of the contract owner, the company shall grant
25 a paid-up annuity benefit on a plan stipulated in the
26 contract of such value as is specified in subsections
27 4, 5, 6, 7, and 9.
28 b. If a contract provides for a lump sum
29 settlement at maturity, or at any other time, that
30 upon surrender of the contract at or prior to the
31 commencement of any annuity payments, the company
32 shall pay in lieu of a paid-up annuity benefit a cash
33 surrender benefit of such amount as is specified in
34 subsections 4, 5, 7, and 9. The company may reserve
35 the right to defer the payment of such case surrender
36 benefit for a period not to exceed six months after
37 demand therefore with surrender of the contract after
38 making written request and receiving written approval
39 of the commissioner. The request shall address the
40 necessity and equitability to all policyholders of the
41 deferral.
42 Sec. . Section 508.38, subsections 3 and 11,
43 Code 2003, are amended by striking the subsections and
44 inserting in lieu thereof the following:
45 3. The minimum values as specified in subsections
46 4, 5, 6, 7, and 9 of any paid-up annuity, cash

47 surrender, or death benefits available under an
48 annuity contract shall be based upon minimum
49 nonforfeiture amounts as defined in this section.
50 a. The minimum nonforfeiture amount at any time at

Page 2

1 or prior to the commencement of any annuity payments
2 shall be equal to an accumulation up to such time at
3 rates of interest as indicated in paragraph "b" of the
4 net considerations (as hereinafter defined) paid prior
5 to such time, decreased by the sum of all of the
6 following:
7 (1) Any prior withdrawals from or partial
8 surrenders of the contract accumulated at rates of
9 interest as indicated in paragraph "b".
10 (2) An annual contract charge of fifty dollars,
11 accumulated at rates of interest as indicated in
12 paragraph "b".
13 (3) The amount of any indebtedness to the company
14 on the contract, including interest due and accrued.
15 The net considerations for a given contract year
16 used to define the minimum nonforfeiture amount shall
17 be an amount equal to eighty-seven and one-half
18 percent of the gross considerations credited to the
19 contract during the contract year.
20 b. The interest rate used in determining minimum
21 nonforfeiture amounts shall be an annual rate of
22 interest determined as the lesser of three percent per
23 annum and all of the following, which shall be
24 specified in the contract if the interest rate will be
25 reset:
26 (1) The five-year constant maturity treasury rate
27 reported by the federal reserve as of a date, or
28 average over a period, rounded to the nearest one-
29 twentieth of one percent, specified in the contract no
30 longer than fifteen months prior to the contract issue
31 date or redetermination date under subparagraph (4).
32 (2) The result of subparagraph (1) shall be
33 reduced by one hundred twenty-five basis points.
34 (3) The resulting interest guarantee shall not be
35 less than one percent.
36 (4) The interest rate shall apply for an initial
37 period and may be redetermined for additional periods.
38 The redetermination date, basis, and period, if any,
39 shall be stated in the contract. The basis is the
40 date or average over a specified period that produces
41 the value of the five-year constant maturity treasury
42 rate to be used at each redetermination date.
43 During the period or term that a contract provides
44 substantive participation in an equity indexed
45 benefit, it may increase the reduction described in

46 subparagraph (2), by up to an additional one hundred
47 basis points to reflect the value of the equity index
48 benefit. The present value at the contract issue date
49 and at each redetermination date thereafter of the
50 additional reduction shall not exceed the market value

Page 3

1 of the benefit. The commissioner may require a
2 demonstration that the present value of the reduction
3 does not exceed the market value of the benefit.
4 Lacking such a demonstration that is acceptable to the
5 commissioner, the commissioner may disallow or limit
6 the additional reduction.
7 The commissioner may adopt rules to implement the
8 provisions of subparagraph (4), and to provide for
9 further adjustments to the calculation of minimum
10 nonforfeiture amounts for contracts that provide
11 substantive participation in an equity index benefit
12 and for other contracts that the commissioner
13 determines adjustments are justified.
14 11. After the effective date of this Act, a
15 company may elect to apply its provisions to annuity
16 contracts on a contract form-by-form basis before the
17 second anniversary of the effective date of this Act.
18 In all other instances, this section shall become
19 operative with respect to annuity contracts issued by
20 the company two years after the effective date of this
21 Act."
22 2. By renumbering, redesignating, and correcting
23 internal references as necessary.

Hoffman of Crawford offered the following amendment H-1194, to
amendment H-1172, filed by him from the floor and moved its
adoption:

H-1194

1 Amend the amendment, H-1172, to House File 647, as
2 follows:
3 1. Page 3, line 15, by striking the words "to
4 apply its provisions" and inserting the following:
5 "either to apply the provisions of this section as it
6 existed prior to the effective date of this Act or to
7 apply the provisions of this section as enacted by
8 this Act".
9 2. By renumbering, redesignating, and correcting
10 internal references as necessary.

Amendment H-1194 was adopted.

On motion by Hoffman of Crawford, amendment H-1172, as
amended, was adopted.

Hoffman of Crawford offered the following amendment H-1170
filed by him and moved its adoption:

H-1170

1 Amend House File 647 as follows:
2 1. Page 5, by striking lines 15 through 17 and
3 inserting the following: "health benefit plan, upon
4 request, annually, but not more than three months
5 prior to the policy renewal date, the total amount of
6 actual claims identified as".
7 2. By renumbering, redesignating, and correcting
8 internal references as necessary.

Amendment H-1170 was adopted.

Connors of Polk asked and received unanimous consent that
amendment H-1144 be deferred.

Petersen of Polk asked and received unanimous consent to
withdraw amendment H-1161 filed by her on March 25, 2003.

Petersen of Polk asked and received unanimous consent to
withdraw amendment H-1144, previously deferred, filed by her on
March 24, 2003.

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. 647)

The ayes were, 99:

Alons	Arnold	Baudler	Bell
Berry	Boal	Boddicker	Boggess
Bukta	Carroll	Chambers	Cohoon
Connors	Dandekar	Davitt	De Boef
Dennis	Dix	Dolecheck	Drake
Eichhorn	Elgin	Fallon	Foege
Ford	Freeman	Frevert	Gaskill
Gipp	Granzow	Greimann	Greiner
Hahn	Hansen	Hanson	Heaton
Heddens	Hoffman	Hogg	Horbach
Hunter	Huseman	Huser	Hutter
Jacobs	Jenkins	Jochum	Jones
Klemme	Kramer	Kuhn	Kurtenbach
Lalk	Lensing	Lukan	Lykam
Maddox	Manternach	Mascher	McCarthy
Mertz	Miller	Murphy	Myers
Oldson	Olson, D.	Olson, S.	Paulsen
Petersen	Quirk	Raecker	Rasmussen
Rayhons	Reasoner	Roberts	Sands
Schickel	Shoultz	Smith	Stevens
Struyk	Swaim	Taylor, D.	Taylor, T.
Thomas	Tjepkes	Tymeson	Upmeyer
Van Engelenhoven	Van Fossen, J.K.	Van Fossen, J.R.	Watts
Wendt	Whitaker	Whitead	Wilderdyke
Winckler	Wise	Mr. Speaker
		Rants

The nays were, none.

Absent or not voting, 1:

Osterhaus

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

House File 599, a bill for an act relating to property insurance,
including establishment of a mandatory plan to assure fair access to
insurance requirements, and providing for an effective date and
retroactive applicability, 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?" (H.F. 599)

The ayes were, 99:

Alons	Arnold	Baudler	Bell
Berry	Boal	Boddicker	Boggess
Bukta	Carroll	Chambers	Cohoon
Connors	Dandekar	Davitt	De Boef
Dennis	Dix	Dolecheck	Drake
Eichhorn	Elgin	Fallon	Foege
Ford	Freeman	Frevert	Gaskill
Gipp	Granzow	Greimann	Greiner
Hahn	Hansen	Hanson	Heaton
Heddens	Hoffman	Hogg	Horbach
Hunter	Huseman	Huser	Hutter
Jacobs	Jenkins	Jochum	Jones
Klemme	Kramer	Kuhn	Kurtenbach
Lalk	Lensing	Lukan	Lykam
Maddox	Manternach	Mascher	McCarthy
Mertz	Miller	Murphy	Myers
Oldson	Olson, D.	Olson, S.	Paulsen
Petersen	Quirk	Raecker	Rasmussen
Rayhons	Reasoner	Roberts	Sands
Schickel	Shoultz	Smith	Stevens
Struyk	Swaim	Taylor, D.	Taylor, T.
Thomas	Tjepkes	Tymeson	Upmeyer
Van Engelenhoven	Van Fossen, J.K.	Van Fossen, J.R.	Watts
Wendt	Whitaker	Whitead	Wilderdyke
Winckler	Wise	Mr. Speaker
		Rants

The nays were, none.

Absent or not voting, 1:

Osterhaus

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
586, 599 and 647.

REPORT OF THE CHIEF CLERK OF THE HOUSE

MR. SPEAKER: Pursuant to House Rule 42, I report that in
enrolling bills the following correction was made:

House Joint Resolution 3

1. Page 1, line 5 - Change Sec. 5 to SEC. 5.

MARGARET THOMSON
Chief Clerk of the House

EXPLANATIONS OF VOTE

I was necessarily absent from the House chamber on March 31,
2003. Had I been present, I would have voted "aye" on the House
Files 381, 454, 586, 602, 612, 634 and 641.

CARROLL of Poweshiek

I was necessarily absent from the House chamber on March 27,
2003. Had I been present, I would have voted "aye" on House Files
216, 567, 576 and Senate File 94.

HEATON of Henry

BILLS SIGNED BY THE GOVERNOR

A communication was received from the Governor announcing that
on March 25, 2003, he approved and transmitted to the Secretary of
State the following bill:

House File 290, an Act authorizing the issuance of special registration plates to
owners of motor trucks.

Also: That on March 28th, 2003, he approved and transmitted to
the Secretary of State the following bills.

House File 504, an Act relating to fraudulent use of a credit card, scanning device,
or reencoder, and providing a penalty.

Senate File 97, an Act relating to highway, aviation, motor vehicle transportation
and public transit, including regulation of junkyards along highways and placement of
political signs, elimination of the aviation hangar revolving loan fund, applications for
certificates of title by motor vehicle dealers, fees charged for driver's licenses and
nonoperator's identification cards and making an appropriation, security interests in
motor vehicles, charges financed in a motor vehicle retail installment transaction,
confidentiality of motor vehicle accident reports, requirements for motor carrier safety
rules, exemptions for certain motor vehicle operators from motor carrier safety rules
and hazardous materials transportation regulations, load limits for vehicles
transporting construction machinery, urban public transit funding, and tariffs charged
by motor carriers of household goods, and including effective and retroactive
applicability date provisions.

Senate File 357, an Act relating to election or appointment of trustees of a city
hospital or health care facility.

Senate File 376, an Act relating to the surcharge for certain dishonored negotiable
instruments.

Senate File 424, an Act relating to urban renewal indebtedness reporting and
providing an effective date.

SUBCOMMITTEE ASSIGNMENTS

Senate File 375

Judiciary: Boal, Chair; Berry and Schickel.

Senate File 396

Agriculture: Lalk, Chair Frevert and Klemme.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 306 Ways and Means

Exempting from state individual income tax the active duty pay of a
member of the Iowa national guard or armed forces reserve units for
service performed during Operation Iraqi Freedom and including
effective and applicability date provisions.

RESOLUTION FILED

HR 49, by Berry, Shoultz and Jenkins, a resolution honoring the East
Waterloo High School Boys' Basketball Team.

Laid over under Rule 25.

AMENDMENTS FILED

H-1195 H.F. 662 Dolecheck of Ringgold
Upmeyer of Hancock
H-1196 H.F. 583 Raecker of Polk
Dennis of Black Hawk Mascher of Johnson
Bukta of Clinton Huseman of Cherokee
McCarthy of Polk
H-1197 H.F. 600 Rayhons of Hancock
H-1198 H.F. 594 Roberts of Carroll
Raecker of Polk
H-1199 H.F. 594 Horbach of Tama
Raecker of Polk
Roberts of Carroll

H-1200 H.F. 573 Kuhn of Floyd
Mertz of Kossuth
H-1201 H.F. 573 Kuhn of Floyd
Mertz of Kossuth
H-1202 H.F. 662 Whitaker of Van Buren
Quirk of Chickasaw Berry of Black Hawk
Dandekar of Linn Davitt of Warren
Gaskill of Wapello Heddens of Story
Hogg of Linn Lykam of Scott
McCarthy of Polk Miller of Webster
Oldson of Polk D. Olson of Boone
Reasoner of Union Struyk of Pottawattamie
Swaim of Davis Thomas of Clayton
Wendt of Woodbury Whitead of Woodbury
Myers of Johnson
H-1203 S.F. 390 Wise of Lee
H-1204 H.F. 662 Jenkins of Black Hawk
H-1205 H.F. 587 Hogg of Linn
H-1206 S.F. 390 Wise of Lee

On motion by Jacobs of Polk the House adjourned at 5:31 p.m.,
until 8:45 a.m., Tuesday, April 1, 2003.

Previous Day: Friday, March 28	Next Day: Tuesday, April 1
Senate Journal: Index	House Journal: Index
Legislation: Index	Bill History: Index

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