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Forty-fourth Calendar Day - Twenty-eighth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Tuesday, February 21, 1995
The House met pursuant to adjournment at 8:45 a.m., Speaker
Corbett in the chair.
Prayer was offered by Reverend Jim Robertson, Highland Park
Christian Church, Des Moines.
The Journal of Monday, February 20, 1995 was approved.
PETITIONS FILED
The following petitions were received and placed on file:
By Kremer of Buchanan, from twenty-two residents favoring the
adoption of the Senate version of Senate File 69.
By Koenigs of Mitchell, from seventy-six constituents of
District 29, opposing House File 2, relating to the
reinstatement of the death penalty.
INTRODUCTION OF BILLS
House Joint Resolution 9, by committee on state government, a
joint resolution proposing an amendment to the Constitution of
the State of Iowa to limit the number of terms for members of
the Senate and the House of Representatives, and to limit the
number of terms of Governor, Lieutenant Governor, Attorney
General, Secretary of State, Auditor of State, and Treasurer of
State.
Read first time and placed on the calendar.
House File 186, by committee on appropriations, a bill for an
act relating to energy conservation including making
appropriations of petroleum overcharge funds.
Read first time and placed on the appropriations calendar.
House File 187, by committee on transportation, a bill for an
act to provide conformity to the definition of travel trailers.
Read first time and placed on the calendar.
House File 188, by committee on labor and industrial relations,
a bill for an act relating to employment services by eliminating
wage credit liability transfers and allowing all employers
relief from charges when an unemployment compensation
overpayment is made and providing an applicability date.
Read first time and placed on the calendar.
House File 189, by committee on local government, a bill for an
act relating to the funding of state mandates.
Read first time and placed on the calendar.
House File 190, by committee on ways and means, a bill for an
act relating to a property tax exemption for property used for
the recycling of ferrous and nonferrous metal, wood, glass,
tires, scrap tires, and shredded tires, and for property used to
manufacture new products composed primarily of recycled material.
Read first time and placed on the ways and means calendar.
House File 191, by Boddicker, Schulte, Hurley, Bradley, Disney,
Lord, Branstad, Tyrrell, Blodgett, Houser, Klemme, Gries,
Hanson, Ertl, Welter, Van Maanen, Greig, Weidman, Larson, Garman
and Heaton, a bill for an act creating a child abuse registry
review council.
Read first time and referred to committee on human resources.
House File 192, by Kreiman, a bill for an act relating to the
deadline for the enactment of a statute that establishes the
state percent of growth for a budget year and providing an
effective date.
Read first time and referred to committee on education.
House File 193, by Daggett, a bill for an act providing that
animals classified as ostriches, rheas, and emus are considered
livestock.
Read first time and referred to committee on agriculture.
House File 194, by Martin, a bill for an act relating to waiver
of a juvenile to adult court.
Read first time and referred to committee on judiciary.
House File 195, by Renken, a bill for an act relating to
consumer credit transactions, by providing for certain licensing
revocations and for the imposition of certain finance charges
upon refinancing and consolidation of debts.
Read first time and referred to committee on commerce-regulation.
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 February 20, 1995, passed the following bill
in which the concurrence of the House is asked:
Senate File 2, a bill for an act relating to the filing of
claims for credit or refund by retired federal employees as a
result of the unconstitutional taxation of federal pensions
under the state individual income tax.
Also: That the Senate has on February 20, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 116, a bill for an act authorizing certain persons
to access dependent adult abuse information.
Also: That the Senate has on February 20, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 118, a bill for an act relating to the development
and implementation of a coordinated statewide trauma care
delivery system and providing penalties and immunity from
liability.
Also: That the Senate has on February 20, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 130, a bill for an act relating to limiting the
manner in which an order appointing a guardian or conservator is
subject to attack by third parties.
Also: That the Senate has on February 20, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 147, a bill for an act providing for the issuance of
single general permits by the department of natural resources
and providing an effective date.
Also: That the Senate has on February 20, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 152, a bill for an act relating to the name of those
persons who engage in the practice of podiatry.
Also: That the Senate has on February 20, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 155, a bill for an act relating to employment
services by eliminating wage credit liability transfers and
allowing all employers relief from charges when an unemployment
compensation overpayment is made and providing an applicability
date.
Also: That the Senate has on February 20, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 157, a bill for an act relating to solid waste by
eliminating the polystyrene ban and providing an effective date.
Also: That the Senate has on February 20, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 158, a bill for an act to provide conformity to the
definition of travel trailers.
JOHN F. DWYER, Secretary
SENATE AMENDMENT CONSIDERED
Martin of Scott called up for consideration House Concurrent
Resolution 10, a concurrent resolution calling for the convening
of a
Conference of States and providing for Iowa's participation in
the Conference, amended by the Senate, and moved that the House
concur in the following Senate amendment H-3027:
H-3027
1 Amend House Concurrent Resolution 10, as amended,
2 passed, and reprinted by the House as follows:
3 1. Page 2, line 28, by striking the word
4 "distorted" and inserting the following: "changed".
5 2. Page 3, line 8, by striking the word "five"
6 and inserting the following: "no more than seven".
7 3. Page 3, by striking lines 13 and 14 and
8 inserting the following: "proposal. The composition
9 of the Iowa delegation shall be as follows:".
10 4. Page 3, by striking lines 18 through 22 and
11 inserting the following:
12 "b. No more than six legislators, selected by the
13 majority leader of each house, so long as an equal
14 number of legislators from each house is selected and
15 at least one member from each house is selected from
16 each major political party represented in that house.
17 The majority leader of each house shall follow the
18 recommendations of the minority leader of that house
19 regarding the appointment of members of the minority
20 party from that house.
21 Each majority leader may designate two alternate".
22 5. Page 4, by striking lines 10 and 11 and
23 inserting the following: "least 26 legislatures adopt
24 a resolution of participation in the Conference."
A non-record roll call was requested.
The ayes were 60, nays 28.
The motion prevailed and the House concurred in the Senate
amendment H-3027.
On motion by Martin of Scott, the resolution, as amended, was
adopted.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House Concurrent Resolution 10 be immediately messaged to
the Senate.
On motion by Siegrist of Pottawattamie, the House was recessed
at 9:08 a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:00 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
INTRODUCTION OF BILLS
House Joint Resolution 10, by committee on state government, a
joint resolution ratifying a proposed balanced budget amendment
to the Constitution of the United States.
Read first time and placed on the calendar.
House File 196, by Garman and O'Brien, a bill for an act
relating to the definition of "support" for the purposes of
support established for a child under a child support order or
under an order related to a dissolution of marriage decree and
providing an applicability provision.
Read first time and referred to committee on judiciary.
House File 197, by Mundie, a bill for an act relating to the
expansion of the volunteer physician program to include other
health care providers.
Read first time and referred to committee on human resources.
House File 198, by Greig, a bill for an act creating a lien
arising from the care and feeding of livestock in a custom
cattle feedlot.
Read first time and referred to committee on agriculture.
House File 199, by committee on state government, a bill for an
act limiting the number of terms a person may serve as secretary
of agriculture and providing applicability and effective date
provisions.
Read first time and placed on the calendar.
House File 200, by Gries, a bill for an act denying per diem to
members of the general assembly for each day after the required
thirty days until the time the state percent of growth for
school foundation purposes is finally established and providing
an effective date.
Read first time and referred to committee on state government.
House File 201, by Brunkhorst, a bill for an act relating to
computer equipment as compensation under phase III plans in the
educational excellence program and making a technical correction
relating to the phase III program.
Read first time and referred to committee on education.
SENATE MESSAGES CONSIDERED
Senate File 2, by Vilsack and Sorensen, a bill for an act
relating to the filing of claims for credit or refund by retired
federal employees as a result of the unconstitutional taxation
of federal pensions under the state individual income tax.
Read first time and referred to committee on ways and means.
Senate File 116, by committee on human resources, a bill for an
act authorizing certain persons to access dependent adult abuse
information.
Read first time and referred to committee on human resources.
Senate File 118, by committee on human resources, a bill for an
act relating to the development and implementation of a
coordinated statewide trauma care delivery system and providing
penalties and immunity from liability.
Read first time and referred to committee on human resources.
Senate File 130, by Vilsack, a bill for an act relating to
limiting the manner in which an order appointing a guardian or
conservator is subject to attack by third parties.
Read first time and referred to committee on judiciary.
Senate File 147, by committee on agriculture, a bill for an act
providing for the issuance of single general permits by the
department of natural resources and providing an effective date.
Read first time and referred to committee on agriculture.
Senate File 152, by committee on state government, a bill for an
act relating to the name of those persons who engage in the
practice of podiatry.
Read first time and referred to committee on state government.
Senate File 155, by committee on business and labor relations, a
bill for an act relating to employment services by eliminating
wage credit liability transfers and allowing all employers
relief from charges when an unemployment compensation
overpayment is made and providing an applicability date.
Read first time and passed on file.
Senate File 157, by committee on natural resources, environment
and energy, a bill for an act relating to solid waste by
eliminating the polystyrene ban and providing an effective date.
Read first time and referred to committee on environmental
protection.
Senate File 158, by committee on transportation, a bill for an
act to provide conformity to the definition of travel trailers.
Read first time and passed on file.
CONSIDERATION OF BILLS
Regular Calendar
Senate File 84, a bill for an act relating to individual health
insurance and individual health benefit plan reforms, and
establishing an income tax credit for certain individuals, with
report of committee recommending passage, was taken up for
consideration.
The House stood at ease at 1:11 p.m., until the fall of the
gavel.
The House resumed session at 2:28 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
Doderer of Johnson offered amendment H-3115 filed by her as
follows:
H-3115
1 Amend Senate File 84, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 6, by inserting after line 2 the
4 following:
5 " . Premium rates for any block of business or
6 for any individual health insurance benefit plans
7 shall not vary or be changed based upon the gender of
8 the eligible individual."
9 2. By renumbering as necessary.
Doderer of Johnson offered the following amendment H-3116, to
amendment H-3115, filed by her from the floor and moved its
adoption:
H-3116
1 Amend the amendment, H-3115, to Senate File 84, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 7 and 8 and
5 inserting the following: "shall be established in
6 accordance with actuarial principles, but the premium
7 rates shall not be determined according to an
8 individual's gender, and shall not be excessive,
9 inadequate, or unfairly discriminatory."
Amendment H-3116 was adopted.
Doderer of Johnson moved the adoption of amendment H-3115, as
amended.
A non-record roll call was requested.
The ayes were 27, nays 57.
Amendment H-3115, as amended, lost.
Doderer of Johnson offered the following amendment H-3113 filed
by Doderer, et. al., and moved its adoption:
H-3113
1 Amend Senate File 84, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 13, line 26, by striking the word "seven"
4 and inserting the following: "nine".
5 2. Page 14, by inserting after line 2 the
6 following:
7 "c. Two members shall be members of the public and
8 shall be appointed by the governor and subject to
9 senate confirmation."
10 3. Page 14, by striking lines 3 and 4 and
11 inserting the following:
12 "Appointments to the board shall be coordinated so
13 that the board is bipartisan and gender-balanced in
14 accordance with sections 69.16 and 69.16A."
Amendment H-3113 lost.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
McCoy of Polk on request of Schrader of Marion.
Doderer of Johnson offered the following amendment H-3114 filed
by Doderer, et. al., and moved its adoption:
H-3114
1 Amend Senate File 84, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 18, by striking line 26 and inserting the
4 following: "apply retroactively to January 1, 1995,
5 for tax years beginning on or".
6 2. Title page, line 3, by inserting after the
7 word "individuals" the following: "and providing for
8 retroactive applicability".
Roll call was requested by Schrader of Marion and Bernau of
Story.
On the question "Shall amendment H-3114 be adopted?" (S.F. 84 )
The ayes were, 33:
Baker Bell Bernau Brand
Burnett Cataldo Cohoon Connors
Doderer Drees Fallon Harper
Holveck Jochum Koenigs Kreiman
Larkin Mascher May Mertz
Moreland Mundie Murphy Myers
O'Brien Ollie Running Schrader
Shoultz Warnstadt Weigel Wise
Witt
The nays were, 62:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Brunkhorst
Carroll Churchill Coon Corbett,
Spkr. Cormack Cornelius Daggett Dinkla
Disney Drake Eddie Ertl
Garman Gipp Greig Greiner
Gries Grubbs Hahn Halvorson
Hammitt Hanson Harrison Heaton
Hurley Huseman Jacobs Klemme
Kremer Lamberti Larson Lord
Main Martin Metcalf Meyer
Millage Nelson, B. Nutt Rants
Renken Salton Schulte Siegrist
Sukup Teig Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Weidman
Welter Van Maanen, Presiding
Absent or not voting, 5:
Brammer Grundberg Houser McCoy
Nelson, L.
Amendment H-3114 lost.
Lamberti of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 84)
The ayes were, 96:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill
Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius
Daggett Dinkla Disney Doderer
Drake Drees Eddie Ertl
Fallon Garman Gipp Greig
Greiner Gries Grubbs Hahn
Halvorson Hammitt Hanson Harper
Harrison Heaton Holveck Houser
Hurley Huseman Jacobs Jochum
Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson Lord
Main Martin Mascher May
Mertz Metcalf Meyer Millage
Moreland Mundie Murphy Myers
Nelson, B. Nutt O'Brien Ollie
Rants Renken Running Salton
Schrader Schulte Shoultz Siegrist Sukup
Thomson Tyrrell Van Fossen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 4:
Brammer Grundberg McCoy Nelson, L.
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 Senate File 84 be immediately messaged to the Senate.
SPECIAL PRESENTATION
Speaker Corbett presented to the House the Honorable Paul
Tsongas, former United States Senator from Massachusetts.
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on Tuesday
afternoon, February 21, 1995. Had I been present, I would have
voted "aye" on Senate File 84.
McCOY of Polk
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
FFA students from Mount Ayr High School, Mount Ayr, accompanied
by Jack Cook. By Daggett of Union.
Twenty FFA students from Linn-Mar High School, Marion,
accompanied by Dennis Selness. By Thomson of Linn.
Seven FFA students, including a foreign exchange student from
Germany, from Irwin, Kirkman and Manila, accompanied by Larry
Genzen. By Gries of Crawford and Drake of Pottawattamie.
Six high school students from North Polk Community School,
Alleman, accompanied by Mrs. Elaine Cheaney. By Disney and
Lamberti of Polk.
Five FFA students from Lynnville-Sully High School, Sully,
accompanied by Kayla Nelson. By Carroll of Poweshiek.
Five FFA students from Grinnell High School, Grinnell,
accompanied by Chris Molitor. By Carroll of Poweshiek.
Fourteen high school students from Mid Prairie Community School,
Wellman, accompanied by Neil Knobloch and Jamie Townsend. By
Greiner of Washington.
Three FFA students from Prairie Valley High School, accompanied
by Steve Kehoe. By Mundie of Webster.
Seven FFA students from Harlan Community High School, Harlan,
accompanied by Dan Leizen and Jason Kollin. By Drake of
Pottawattamie.
Students from Shenandoah High School, accompanied by Curt
Barkley. By Boggess of Taylor.
Thirteen FFA students from Southeast Polk High School,
accompanied by Mr. Heath Ellis. By Disney of Polk.
COMMUNICATIONS RECEIVED
The following communications were received and filed in the
office of the Chief Clerk:
DEPARTMENT OF CORRECTIONS
Iowa Prison Industries
A report on the financial conditions of the Iowa Prison
Industries farming operations, pursuant to Chapter 904.706, Code
of Iowa.
DEPARTMENT OF PUBLIC HEALTH
The Health Data Commission 1995 Annual report, pursuant to
Chapter 145.6, 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.
ELIZABETH A. ISAACSON
Chief Clerk of the House
1995\50 Roy Schmeichel, Dubuque - For 15 years of service as
executive director of ARC of the Dubuque area.
1995\51 Willie Henschel, Dubuque - For celebrating his 100th
birthday.
SUBCOMMITTEE ASSIGNMENTS
House Joint Resolution 7 Reassigned
State Government: Disney, Chair; Connors and Thomson.
House Joint Resolution 8
State Government: Churchill, Chair; Bernau and Martin.
House File 176
Judiciary: Veenstra, Chair; Coon and Shoultz.
House File 180
State Government: Gipp, Chair; Jacobs and Running.
House File 181
Judiciary: Hurley, Chair; Bernau and Harrison.
House File 182
Judiciary: Millage, Chair; Hurley and Kremer
House File 183
Labor and Industrial Relations: Daggett, Chair; Harper and
Kremer.
House File 184
Judiciary: Hurley, Chair; Doderer and Kremer.
House File 194
Judiciary: Lamberti, Chair; Bernau and Harrison.
Senate File 93 Reassigned
Judiciary: Coon, Chair; Doderer and Lamberti.
Senate File 117
Human Resources: Blodgett, Chair; Harper, Myers, Schulte and
Veenstra.
Senate File 124
Judiciary: Hurley, Chair; Bell and Boddicker.
Senate File 132
Judiciary: Lamberti, Chair; Hurley and Moreland.
Senate File 149
Human Resources: Harrison, Chair; Fallon, Hammitt, Hurley and
Moreland.
Senate Concurrent Resolution 8
Labor and Industrial Relations: Boddicker, Chair; Bell and
Renken.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 70
Commerce-Regulation: Churchill, Chair; Doderer, Larson, Van
Fossen and Weigel.
House Study Bill 122 Reassigned
State Government: Disney, Chair; Connors and Thomson.
House Study Bill 167
Judiciary: Boddicker, Chair; Kreiman and Millage.
House Study Bill 168
Judiciary: Nutt, Chair; Dinkla and Moreland.
House Study Bill 169
Judiciary: Nutt, Chair; Dinkla and Kreiman.
House Study Bill 170
Judiciary: Hurley, Chair; Lamberti and Shoultz.
House Study Bill 171
Judiciary: Boddicker, Chair; Bell and Schulte.
House Study Bill 172
Commerce-Regulation: Halvorson, Chair; Doderer, Holveck, Jacobs
and Lamberti.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 174 Economic Development
Relating to the development of housing for low or moderate
income families in urban renewal areas, including an
applicability date provision.
H.S.B. 175 Economic Development
Changing the definition of disabled for purposes of targeted
small business programs.
H.S.B. 176 State Government
Relating to the state archivist's office.
H.S.B. 177 State Government
Relating to state budget and program review processes by
providing for appropriation of moneys to the general assembly
and its legislative agencies, requiring biennial budgets,
requiring review of state programs and functions, and providing
effective and applicability dates.
H.S.B. 178 State Government
Relating to the distribution and sale of beer, providing for the
regulation of brewer and wholesaler agreements, prohibiting
certain conduct, providing for the transfer of business assets,
providing judicial remedies, specifying applicability, and
providing for other properly related matters.
H.S.B. 179 State Government
Relating to the abolishment of the department of human rights,
transfer of its various divisions to other entities of state
government, and providing effective dates.
H.S.B. 180 Education
Relating to the transmission of a course via the Iowa
communications network by postsecondary education institutions
in Iowa.
H.S.B. 181 Judiciary
Relating to the release or detention of certain criminal
defendants pending sentencing or appeal following conviction.
H.S.B. 182 Human Resources
Relating to activities of the department of human services,
including provisions involving the state hospital-schools and
other institutions, commitments of persons with mental
retardation, and the department's public housing unit.
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 STATE GOVERNMENT
Committee Bill (Formerly House File 100), limiting the number of
terms a person may serve as secretary of agriculture and
providing applicability and effective date provisions.
Fiscal Note is not required.
Recommended Amend and Do Pass February 20, 1995.
Committee Resolution (Formerly House Study Bill 164), a joint
resolution ratifying a proposed balanced budget amendment to the
Constitution of the United States.
Fiscal Note is not required.
Recommended Amend and Do Pass February 20, 1995.
AMENDMENTS FILED
H-3117 H.F. 189 Millage of Scott
H-3118 H.F. 36 Gries of Crawford
Vande Hoef of Osceola
H-3119 H.F. 185 Weigel of Chickasaw
H-3120 S.F. 69 Grubbs of Scott
H-3121 S.F. 69 Rants of Woodbury
Grubbs of Scott
Mertz of Kossuth
Mundie of Webster
H-3122 H.F. 2 Weidman of Cass
Millage of Scott
Rants of Woodbury
H-3123 H.F. 2 Connors of Polk
H-3124 H.F. 2 Millage of Scott
H-3125 H.F. 2 Millage of Scott
H-3126 H.F. 2 Millage of Scott
H-3127 H.F. 2 Holveck of Polk
H-3128 H.F. 2 Fallon of Polk
Mascher of Johnson
Holveck of Polk
H-3129 H.F. 2 Holveck of Polk
Jochum of Dubuque Connors of Polk
Bernau of Story Witt of Black Hawk
Mascher of Johnson Shoultz of Black Hawk
Brand of Benton Koenigs of Mitchell
Burnett of Story
H-3130 H.F. 2 Shoultz of Black Hawk
Fallon of Polk Jochum of Dubuque
Bernau of Story Mascher of Johnson
Koenigs of Mitchell Burnett of Story
H-3131 H.F. 2 Shoultz of Black Hawk
Fallon of Polk Jochum of Dubuque
Bernau of Story Mascher of Johnson
Koenigs of Mitchell
H-3132 H.F. 2 Holveck of Polk
Wise of Lee
Mascher of Johnson
Shoultz of Black Hawk
Koenigs of Mitchell
H-3133 H.F. 2 Brand of Benton
May of Worth Wise of Lee
Shoultz of Black Hawk Fallon of Polk
Burnett of Story
On motion by Siegrist of Pottawattamie, the House adjourned at
3:45 p.m. until 8:45 a.m., Wednesday, February 22, 1995.
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