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Thirty-sixth Calendar Day - Twenty-third Session Day Hall of the House of Representatives Des Moines, Iowa, Monday, February 16, 1998 The House met pursuant to adjournment at 1:08 p.m., Speaker pro tempore Van Maanen of Marion in the chair. Prayer was offered by Reverend Tim Beglin, First Assembly of God Church, Des Moines. The Journal of Friday, February 13, 1998 was approved. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by the Linn-Marr SODA Group (Students O.K. Without Drugs and Alcohol) from Linn-Marr High School, Marion. INTRODUCTION OF BILLS House File 2272, by committee on education, a bill for an act requiring the state board of education to adopt rules relating to the incorporation of accountability for student achievement into the education standards and accreditation process. Read first time and placed on the calendar. House File 2273, by committee on state government, a bill for an act relating to a transfer of the records management duties of the department of general services to the department of cultural affairs and making conforming changes. Read first time and placed on the calendar. House File 2274, by Mascher, Ford, Thomas, Mertz, Reynolds-Knight, Chapman, Connors, Whitead, May, Dotzler, Taylor, Burnett, Myers, Frevert, Bell, Kinzer, Bukta, and Cohoon, a bill for an act relating to the amount of the community college facilities levy. Read first time and referred to committee on education. House File 2275, by Martin, Lord, Nelson, Kremer, and Thomson, a bill for an act relating to health care providers including the application of records checks to additional providers and the recording and availability of the records of the facility inspections and providing for a repeal. Read first time and referred to committee on state government. House File 2276, by Dotzler, a bill for an act relating to notice requirements for landlords, remedies for tenants, discrimination by landlords based on source of payments, and providing penalties. Read first time and referred to committee on judiciary. House File 2277, by Richardson, a bill for an act reducing the maximum premium amount which can be charged for coverage provided through the Iowa comprehensive health insurance association. Read first time and referred to committee on commerce and regulation. House File 2278, by Grundberg, a bill for an act relating to coverage for mental health services provided to state employees. Read first time and referred to committee on commerce and regulation. House File 2279, by Grundberg and Dix, a bill for an act relating to arts and cultural enhancement and endowment, and arts and cultural conferences and caucuses. Read first time and referred to committee on state government. House File 2280, by Rants, a bill for an act devoting sales, services, and use tax revenues from the charges paid to a provider for access to on-line computer services for appropriation to the department of education for the school improvement technology program. Read first time and referred to committee on appropriations. House File 2281, by Jacobs, a bill for an act providing for the recording of certain residential real estate contracts, providing a penalty, and providing for the Act's applicability. Read first time and referred to committee on local government. SENATE MESSAGES CONSIDERED Senate File 2075, by Iverson, Szymoniak, Hansen, Dvorsky, Hammond, Kibbie, Connolly, Douglas, Bartz, Horn, Harper, Freeman, Rittmer, Gettings, Neuhauser, Gronstal, Fink, Lundby, McKibben, Drake, Vilsack, Maddox, and Behn, a bill for an act relating to the creation of a dental hygiene committee within the board of dental examiners. Read first time and referred to committee on state government. Senate File 2113, by committee on transportation, a bill for an act relating to driver and motor vehicle licensing, reporting, and registration. Read first time and referred to committee on transportation. Senate File 2136, by committee on judiciary, 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 providing effective and retroactive applicability dates. Read first time and referred to committee on judiciary. Senate File 2162, by committee on commerce, a bill for an act relating to the definition of the federal Truth in Lending Act in the Iowa consumer credit code. Read first time and referred to committee on commerce and regulation. Senate File 2174, by committee on agriculture, a bill for an act relating to agriculture by amending and eliminating provisions to reflect current practice, and transferring provisions. Read first time and referred to committee on agriculture. The House stood at ease at 1:18 p.m., until the fall of the gavel. The House resumed session at 1:55 p.m., Speaker Corbett in the chair. INTRODUCTION OF BILLS House File 2282, by committee on ways and means, a bill for an act authorizing the imposition of a local option sales and services tax and use of certain federal funds for school infrastructure projects and the issuance of bonds, and providing an effective date. Read first time and placed on the ways and means calendar. House File 2283, by committee on local government, a bill for an act providing for the determination of time for notice and service of process relating to residential property rentals and mobile home parks residential rentals. Read first time and placed on the calendar. CONSIDERATION OF BILL Ways and Means Calendar House File 2166, a bill for an act relating to regulation of food establishments and providing for fees and penalties and providing an effective date, was taken up for consideration. Schrader of Marion offered amendment H-8032 filed by him as follows: H-8032 1 Amend House File 2166 as follows: 2 1. Page 2, by inserting after line 22 the 3 following: 4 "Sec. ___. NEW SECTION. 137D.9 EXEMPTION. 5 This chapter shall not apply to a home food 6 establishment having gross annual sales of prepared 7 food of one thousand dollars or less, if the person 8 who prepares the food sells or offers to sell the food 9 on or off the premises of the home food 10 establishment." 11 2. Page 3, line 28, by striking the words 12 "licensed as". 13 3. By renumbering as necessary. Blodgett of Cerro Gordo offered the following amendment H-8046, to amendment H-8032, filed by him and moved its adoption: H-8046 1 Amend the amendment, H-8032, to House File 2166 as 2 follows: 3 1. Page 1, by striking line 10 and inserting the 4 following: "establishment and if the food is labeled 5 to identify the name and address of the person 6 preparing the food and the common name of the food, 7 and to state that the food is prepared in a kitchen 8 that is not subject to state inspection, regulation, 9 or licensure." Rants of Woodbury in the chair at 2:10 p.m. Amendment H-8046, to amendment H-8032, was adopted. Blodgett of Cerro Gordo rose on a point of order that amendment H-8032, as amended, was not germane. The Speaker ruled the point not well taken and amendment H-8032, as amended, germane. Schrader of Marion moved the adoption of H-8032, as amended. A non-record roll call was requested. The ayes were 50, nays 31. Amendment H-8032, as amended, was adopted. Richardson of Warren offered the following amendment H-8030 filed by him and moved its adoption: H-8030 1 Amend House File 2166 as follows: 2 1. Page 2, line 27, by striking the word "two" 3 and inserting the following: "four". Amendment H-8030 was adopted. Blodgett of Cerro Gordo offered amendment H-8045 filed by him as follows: H-8045 1 Amend House File 2166 as follows: 2 1. Page 7, by inserting after line 24 the 3 following: 4 "10. A carbonating device in a food establishment 5 shall have a dual check valve which shall be installed 6 so that it is upstream from the carbonating device and 7 downstream from any copper in the water supply line." Heaton of Henry offered the following amendment H-8052, to amendment H-8045, filed by him from the floor and moved its adoption: H-8052 1 Amend the amendment, H-8045, to House File 2166 as 2 follows: 3 1. Page 1, by inserting after line 1 the 4 following: 5 "___. Page 7, by inserting after line 5 the 6 following: 7 "6A. 3-301.11(B) shall be amended by deleting the 8 section and replacing it with the following: 9 (1) Except when washing fruits and vegetables, 10 food employees should, to the extent practicable, 11 avoid contact with exposed, ready-to-eat food with 12 their bare hands. Where ready-to-eat food is 13 routinely handled by employees, employers should adopt 14 reasonable sanitary procedures to reduce the risk of 15 the transmission of pathogenic organisms. 16 (2) In seeking to minimize employees' physical 17 contact with ready-to-eat foods, no single method or 18 device is universally practical or necessarily the 19 most effective method to prevent the transmission of 20 pathogenic organisms in all situations. As such, each 21 public food service establishment shall review its 22 operations to identify procedures where ready-to-eat 23 food must be routinely handled by its employees and 24 adopt one or more of the following sanitary 25 alternatives, to be used either alone or in 26 combination, to prevent the transmission of pathogenic 27 organisms: 28 (a) The use of suitable food handling materials 29 including, but not limited to, deli tissues, 30 appropriate utensils, or dispensing equipment. Such 31 materials must be used in conjunction with thorough 32 hand washing practices in accord with paragraph (c). 33 (b) The use of single-use gloves, for the purpose 34 of preparing or handling ready-to-eat foods, shall be 35 discarded when damaged or soiled or when the process 36 of food preparation or handling is interrupted. 37 Single-use gloves must be used in conjunction with 38 thorough hand washing practices in accord with 39 paragraph (c). 40 (c) The use, pursuant to the manufacturer's 41 instructions, of anti-microbial soaps, with the 42 additional optional use of anti-bacterial protective 43 skin lotions or anti-microbial hand sanitizers, 44 rinses, or dips. All such soaps, lotions, sanitizers, 45 rinses, and dips must contain active topical anti- 46 microbial or anti-bacterial ingredients, registered by 47 the United States environmental protection agency, 48 cleared by the United States food and drug 49 administration, and approved by the United States 50 department of agriculture. Page 2 1 (d) The use of such other practices, devices, or 2 products that are found by the division to achieve a 3 comparable level of protection to one or more of the 4 sanitary alternatives in paragraphs (a) through (c). 5 (3) Regardless of the sanitary alternatives in 6 use, each public food service establishment shall 7 establish: 8 (a) Systematic focused education and training of 9 all food service employees involved in the identified 10 procedures regarding the potential for transmission of 11 pathogenic organisms from contact with ready-to-eat 12 food. The importance of proper hand washing and 13 hygiene in preventing the transmission of illness, and 14 the effective use of the sanitary alternatives and 15 monitoring systems utilized by the public food service 16 establishment, shall be reinforced. The content and 17 duration of this training shall be determined by the 18 manager of the public food service establishment. 19 (b) A monitoring system to demonstrate the proper 20 and effective use of the sanitary alternatives 21 utilized by the public food service establishment." 22 ___. By renumbering as necessary." Blodgett of Cerro Gordo rose on a point of order that amendment H-8052, to amendment H-8045, was not germane. The Speaker ruled the point well taken and amendment H-8052, to amendment H-8045, not germane. Blodgett of Cerro Gordo moved the adoption of amendment H-8045. Amendment H-8045 was adopted. Weigel of Chickasaw asked and received unanimous consent that amendment H-8047 be deferred. Weigel of Chickasaw offered amendment H-8048 filed by him as follows: H-8048 1 Amend House File 2166 as follows: 2 1. By striking page 9, line 33, through page 11, 3 line 13, and inserting the following: 4 "1. For a mobile food unit or pushcart, ten 5 dollars. 6 2. For temporary food establishment per fixed 7 location, ten dollars. 8 3. For a vending machine, two dollars per vending 9 machine. 10 4. For a food establishment or a section of a food 11 establishment, which prepares or serves food for 12 individual portion service, the annual license fee 13 shall correspond to the annual gross sales of food in 14 the food establishment, as follows: 15 a. Annual gross sales of under fifty thousand 16 dollars, forty dollars. 17 b. Annual gross sales of at least fifty thousand 18 dollars but less than one hundred thousand dollars, 19 seventy dollars. 20 c. Annual gross sales of at least one hundred 21 thousand dollars but less than two hundred fifty 22 thousand dollars, one hundred twenty-five dollars. 23 d. Annual gross sales of two hundred fifty 24 thousand dollars or more, one hundred fifty dollars. 25 5. For a food establishment or section of a food 26 establishment, which sells food or food products to 27 consumer customers intended for preparation or 28 consumption off-the-premises, the annual license fee 29 shall correspond to the annual gross sales of food in 30 the food establishment, as follows: 31 a. Annual gross sales of under ten thousand 32 dollars, twenty dollars. 33 b. Annual gross sales of at least ten thousand 34 dollars but less than two hundred fifty thousand 35 dollars, fifty dollars. 36 c. Annual gross sales of at least two hundred 37 fifty thousand dollars but less than five hundred 38 thousand dollars, seventy-five dollars. 39 d. Annual gross sales of at least five hundred 40 thousand dollars, but less than seven hundred fifty 41 thousand dollars, one hundred dollars. 42 e. Annual gross sales of seven hundred fifty 43 thousand dollars or more, one hundred fifty dollars. 44 6. For a food processing plant, the annual license 45 fee shall correspond to the annual gross sales of food 46 by the food processing plant, as follows: 47 a. Annual gross sales of under ten thousand 48 dollars, twenty dollars. 49 b. Annual gross sales of at least ten thousand 50 dollars but less than two hundred fifty thousand Page 2 1 dollars, fifty dollars. 2 c. Annual gross sales of at least two hundred 3 fifty thousand dollars but less than five hundred 4 thousand dollars, seventy-five dollars. 5 d. Annual gross sales of at least five hundred 6 thousand dollars but less than seven hundred fifty 7 thousand dollars, one hundred dollars. 8 e. Annual gross sales of seven hundred fifty 9 thousand dollars or more, one hundred fifty dollars." Weigel of Chickasaw offered the following amendment H-8050, to amendment H-8048, filed by him from the floor and moved its adoption: H-8050 1 Amend the amendment, H-8048, to House File 2166 as 2 follows: 3 1. Page 2, by inserting after line 9 the 4 following: 5 "___. Page 11, by inserting after line 25 the 6 following: 7 "Sec. ___. NEW SECTION. 137F.6A EXCESS COSTS - 8 APPROPRIATION. 9 There is appropriated annually from the general 10 fund of the state to the department of inspections and 11 appeals an amount sufficient to reimburse counties for 12 regulatory costs under this chapter in excess of 13 county regulatory cost levels for the fiscal year 14 beginning July 1, 1997, and ending June 30, 1998, 15 which are not covered by annual license fees. The 16 department shall establish by rule procedures for the 17 filing of reimbursement claims by counties pursuant to 18 this section." 19 ___. Title page, line 2, by inserting after the 20 word "penalties" the following: ", making an 21 appropriation,"." A non-record roll call was requested. The ayes were 34, nays 50. Amendment H-8050, to amendment H-8048, lost. Weigel of Chickasaw moved the adoption of amendment H-8048. Roll call was requested by Weigel of Chickasaw and Siegrist of Pottawattamie. On the question "Shall amendment H-8048 be adopted?" (H.F. 2166) The ayes were, 25: Bell Brand Bukta Cataldo Chapman Chiodo Cohoon Connors Falck Foege Ford Frevert Kinzer Koenigs Kreiman Moreland Mundie Murphy Osterhaus Reynolds-Knight Richardson Scherrman Schrader Weigel Wise The nays were, 74: Arnold Barry Bernau Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Burnett Carroll Churchill Corbett Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Klemme Kremer Lamberti Larkin Larson Martin Mascher May Mertz Metcalf Meyer Millage Myers Nelson O'Brien Rayhons Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Welter Whitead Witt Rants, Presiding Absent or not voting, 1: Lord Amendment H-8048 lost. Weigel of Chickasaw offered amendment H-8047 (previously deferred) filed by him as follows: H-8047 1 Amend House File 2166 as follows: 2 1. Page 10, line 9, by striking the word "sixty" 3 and inserting the following: "forty". 4 2. Page 10, line 11, by striking the words 5 "dollars, one hundred" and inserting the following: 6 "dollars, seventy". 7 3. Page 10, line 24, by striking the word 8 "thirty" and inserting the following: "twenty". 9 4. Page 10, line 26, by striking the words 10 "seventy-five" and inserting the following: "fifty". 11 5. Page 11, line 5, by striking the word "fifty" 12 and inserting the following: "twenty". 13 6. Page 11, line 7, by striking the words "one 14 hundred" and inserting the following: "fifty". Dix of Butler offered the following amendment H-8051, to amendment H-8047, filed by him from the floor and moved its adoption: H-8051 1 Amend the amendment, H-8047, to House File 2166 as 2 follows: 3 1. Page 1, by inserting after line 14 the 4 following: 5 "___. Page 11, line 15, by inserting after the 6 word "fees" the following: "not to exceed seventy- 7 five percent of the total fees applicable"." Amendment H-8051 lost. Weigel of Chickasaw asked and received unanimous consent to withdraw amendment H-8047 filed by him on February 12, 1998. Blodgett of Cerro Gordo moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2166) The ayes were, 94: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Fallon Foege Ford Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rayhons Reynolds-Knight Richardson Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Welter Whitead Wise Witt Rants, Presiding The nays were, 5: Falck Frevert Larson Scherrman Weigel Absent or not voting, 1: Lord The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 2166 be immediately messaged to the Senate. HOUSE FILE 2265 REREFERRED The Speaker announced that House File 2265, previously referred to committee on state government was rereferred to committee on economic development. BILL SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on February 16, 1998, he approved and transmitted to the Secretary of State the following bill: Senate File 2029, an act relating to the composition of the board of podiatry examiners. CERTIFICATE OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that a certificate of recognition has been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1998\119 Lucille Jones, Davenport - For celebrating her 90th birthday. SUBCOMMITTEE ASSIGNMENTS House Joint Resolution 2003 Judiciary: Kremer, Chair; Ford and Veenstra. House File 2011 Reassigned Economic Development: Jenkins, Chair; Boggess and Weigel. House File 2012 Reassigned Economic Development: Jenkins, Chair; Boggess and Dotzler. House File 2110 Economic Development: Heaton, Chair; Dotzler, Drake, Mascher and Teig. House File 2180 Judiciary: Lamberti, Chair; Doderer and Sukup. House File 2228 Agriculture: Hahn, Chair; Eddie and Scherrman. House File 2229 Economic Development: Drake, Chair; Barry and Bukta. House File 2239 Education: Van Maanen, Chair; Thomson and Wise. House File 2242 Education: Brunkhorst, Chair; Garman and Wise. House File 2247 Appropriations: Millage, Chair; Brand and Sukup. House File 2248 Judiciary: Grundberg, Chair; Kreiman and Lamberti. House File 2250 Economic Development: Jenkins, Chair; Boggess and Dotzler. House File 2257 Appropriations: Millage, Chair; Sukup and Taylor. House File 2258 Appropriations: Millage, Chair; Sukup and Wise. House File 2265 Economic Development: Bradley, Chair; Barry and Witt. House File 2271 State Government: Holmes, Chair; Gipp and Taylor. House File 2275 State Government: Martin, Chair; Burnett and Nelson. House File 2280 Appropriations: Millage, Chair; Huser and Sukup. House Concurrent Resolution 104 Economic Development: Warnstadt, Chair; Rayhons and Tyrrell. House Concurrent Resolution 107 Agriculture: Frevert, Chair; Hahn and Meyer. House Concurrent Resolution 108 Judiciary: Garman, Chair; Bell and Lamberti. Senate File 2174 Agriculture: Rayhons, Chair; Klemme and Scherrman. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 631 Appropriations: Millage, Chair; Brand and Sukup. House Study Bill 632 Appropriations: Gipp, Chair; Brunkhorst and Cataldo. House Study Bill 633 Appropriations: Millage, Chair; Sukup and Warnstadt. House Study Bill 634 Appropriations: Garman, Chair; Cormack and Kreiman. House Study Bill 635 Appropriations: Houser, Chair; Brand and Cormack. House Study Bill 636 Transportation: Carroll, Chair; Arnold and Larkin. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 640 State Government Concerning eligible alternative retirement benefit systems for community college employees. H.S.B. 641 Agriculture Relating to the Iowa egg council and to an assessment on the sale of eggs for support of the council. H.S.B. 642 Agriculture Relating to the regulation of commercial feed. H.S.B. 643 Appropriations Relating to and making transportation and other infrastructure-related appropriations to the state department of transportation and other state agencies, including allocation and use of moneys from the general fund of the state, road use tax fund, and primary road fund, providing for the nonreversion of certain moneys, and making statutory changes relating to appropriations. COMMITTEE RECOMMENDATIONS MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendations have been received and are on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON EDUCATION Committee Bill (Formerly House Study Bill 558), requiring the state board of education to adopt rules relating to the incorporation of accountability for student achievement into the education standards and accreditation process. Fiscal Note is not required. Recommended Amend and Do Pass February 11, 1998. COMMITTEE ON ENVIRONMENTAL PROTECTION House File 681, a bill for an act creating an environmental audit privilege and providing penalties Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-8054 February 12, 1998 and placed on the special order calendar for Tuesday, February 24, 1998. Committee Bill (Formerly House File 2054), relating to permits for aquifer storage and recovery and making penalties applicable. Fiscal Note is not required. Recommended Do Pass February 12, 1998. COMMITTEE ON HUMAN RESOURCES Committee Bill (Formerly House Study Bill 234), relating to hospital privileges for physician assistants and advanced registered nurse practitioners. Fiscal Note is not required. Recommended Amend and Do Pass February 12, 1998. COMMITTEE ON LOCAL GOVERNMENT Committee Bill (Formerly House Study Bill 517), providing for the determination of time for notice and service of process relating to residential property rentals and mobile home parks residential rentals. Fiscal Note is not required. Recommended Do Pass February 12, 1998. COMMITTEE ON STATE GOVERNMENT Committee Bill (Formerly House Study Bill 540), relating to a transfer of the records management duties of the department of general services to the department of cultural affairs and making conforming changes. Fiscal Note is not required. Recommended Do Pass February 11, 1998. RESOLUTIONS FILED HCR 109, by Bradley, a concurrent resolution establishing a committee to study and make recommendations concerning the management of solid waste and recycling. Referred to committee on environmental protection. SCR 102, by Tinsman and Boettger, a concurrent resolution requesting the United States Department of Health and Human Services to revise a proposed rulemaking for implementing welfare reform and requesting the United States Congress to provide oversight. Referred to committee on human resources February 13, 1998. AMENDMENTS FILED H_8053 H.F. 2272 Rants of Woodbury H_8054 H.F. 681 Committee on Environmental Protection On motion by Siegrist of Pottawattamie, the House adjourned at 3:22 p.m., until 8:45 a.m., Tuesday, February 17, 1998.
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