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Sixtieth Calendar Day - Forty-first Session Day
Hall of the House of Representatives
Des Moines, Iowa, Thursday, March 7, 1996
The House met pursuant to adjournment at 8:45 a.m., Rants of
Woodbury in the chair.
Prayer was offered by Reverend Rod Ankrom, First Baptist Church,
Hampton.
The Journal of Wednesday, March 6, 1996 was approved.
INTRODUCTION OF BILLS
House File 2473, by committee on judiciary, a bill for an
act relating to marriage and divorce and providing for a tax
credit for premarital counseling and early marriage counseling,
and providing for repeals.
Read first time and referred to committee on ways and means.
House File 2474, by committee on judiciary, a bill for an
act to require the deduction of certain costs from allowances
paid to an inmate of an institution under the control of the
department of corrections.
Read first time and placed on the calendar.
SENATE MESSAGES CONSIDERED
Senate File 2126, by Bisignano, a bill for an act providing
for sex offender registry checks involving child day care,
foster care, and adoptions.
Read first time and referred to committee on judiciary.
Senate File 2337, by committee on agriculture, a bill for an
act relating to receiverships regarding the administration of
the assets of grain dealers.
Read first time and passed on file.
Senate File 2353, by committee on commerce, a bill for an
act relating to satellite terminals and establishing certain
requirements for such terminals of a financial institution with
a principal place of business in another state.
Read first time and passed on file.
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 6, 1996, passed the following bill in
which the concurrence of the House is asked:
Senate File 2037, a bill for an act relating to animal feeding
operations by providing for county zoning and siting of certain
operations, and imposing requirements relating to construction
permits.
Also: That the Senate has on March 6, 1996, passed the following
bill in which the concurrence of the House is asked:
Senate File 2343, a bill for an act relating to price
discrimination in the purchase of livestock and providing
criminal penalties and civil remedies.
JOHN F. DWYER, Secretary
CONSIDERATION OF BILLS
Regular Calendar
House File 2399, a bill for an act relating to eligibility of
persons for county general assistance, with report of committee
recommending passage, was taken up for consideration.
Carroll of Poweshiek moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2399)
The ayes were, 92:
Arnold Baker Bell Blodgett
Boddicker Boggess Bradley Brand
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Connors Coon Cormack Daggett
Dinkla Disney Drake Drees
Eddie Ertl Fallon Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson
Hammitt Barry Hanson Harper Harrison
Heaton Holveck Houser Hurley
Huseman Jacobs Klemme Koenigs
Kreiman Kremer Lamberti Larkin
Larson Lord Main Martin
Mascher May McCoy Mertz
Metcalf Meyer Millage Moreland
Mundie Myers Nelson, B. Nelson, L.
Nutt O'Brien Ollie
Renken
Salton Schrader Schulte
Shoultz Siegrist Sukup Taylor Teig
Thomson Tyrrell Van Fossen Vande
Hoef Veenstra Warnstadt Weidman Weigel
Welter Wise Witt Rants,
Presiding
The nays were, 4:
Bernau Doderer Jochum Murphy
Absent or not voting, 4:
Brammer Corbett, Spkr. Osterhaus Van
Maanen
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 2399 be immediately messaged to the Senate.
House File 2201, a bill for an act relating to defining the
practice of dentistry, with report of committee recommending
passage, was taken up for consideration.
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. 2201)
The ayes were, 95:
Arnold Baker Bell Bernau Blodgett
Boddicker Boggess Bradley
Brand Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Connors Coon Cormack Daggett
Dinkla Disney Doderer Drake
Drees Eddie Ertl Fallon
Garman Gipp Greig Greiner
Gries Grubbs Hahn Halvorson
Hammitt Barry Hanson Harper Harrison
Heaton Holveck Houser Hurley
Huseman Jacobs Jochum Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Main
Martin Mascher May McCoy
Mertz Metcalf Meyer
Millage Moreland Mundie Murphy Myers
Nelson, B. Nelson, L. Nutt
O'Brien Ollie Renken Salton
Schrader Schulte Shoultz
Siegrist Sukup Taylor Teig Thomson
Tyrrell Van Fossen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Wise Witt Rants,
Presiding
The nays were, none.
Absent or not voting, 5:
Brammer Corbett, Spkr. Grundberg Osterhaus
Van Maanen
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 2308, a bill for an act relating to asbestos removal
and encapsulation, was taken up for consideration.
Boggess of Taylor 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. 2308)
The ayes were, 72:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Brand
Brauns Burnett Carroll Cataldo
Churchill Cohoon Connors Daggett
Dinkla Doderer Drake Drees
Eddie Fallon Gipp Greig
Greiner Gries Grubbs Hammitt Barry Harper
Harrison Holveck Houser Hurley
Huseman Jacobs Jochum Koenigs
Lamberti Larkin Larson Lord
Martin Mascher May McCoy
Mertz Metcalf Millage Moreland
Mundie Murphy Myers Nelson,
B. Nelson, L. Nutt O'Brien
Ollie Salton Schrader
Shoultz Siegrist Taylor Teig
Thomson Van Fossen Veenstra Warnstadt
Weidman Weigel Wise Witt
Rants, Presiding
The nays were, 23:
Branstad Brunkhorst Coon Cormack
Disney Ertl Garman Grundberg
Hahn Halvorson Hanson Heaton
Klemme Kreiman Kremer Main
Meyer Renken Schulte Sukup
Tyrrell Vande Hoef Welter
Absent or not voting, 5:
Bradley Brammer Corbett, Spkr. Osterhaus
Van Maanen
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 2081, a bill for an act relating to legalizing
official acts performed by notaries public more than ten years
earlier, with report of committee recommending passage, was
taken up for consideration.
Churchill 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?" (H.F. 2081)
The ayes were, 93:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Branstad Brauns Brunkhorst
Burnett Carroll Cataldo Churchill
Cohoon Connors Coon Cormack
Daggett Dinkla Disney Doderer
Drake Drees Eddie Ertl
Fallon Garman Gipp Greig
Greiner Gries Hahn Halvorson
Hammitt Barry Hanson Harper Harrison
Heaton Holveck Houser Hurley
Huseman Jacobs Jochum Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Main
Martin Mascher May McCoy
Mertz Metcalf Meyer Millage
Moreland Mundie Murphy Myers Nelson, B.
Nelson, L. Nutt O'Brien Ollie
Renken Salton Schrader
Schulte Siegrist Sukup Taylor
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Wise Witt
Rants,
Presiding
The nays were, none.
Absent or not voting, 7:
Brammer Corbett, Spkr. Grubbs Grundberg
Osterhaus Shoultz Van Maanen
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House Files 2081, 2201 and 2308.
House File 2316, a bill for an act relating to sentences for
persons convicted of sexually predatory offenses, was taken up
for consideration.
Weigel of Chickasaw offered the following amendment H-5235 filed
by Weigel et. al. and moved its adoption:
H-5235
1 Amend House File 2316 as follows:
2 1. Page 1, by inserting after line 5, the
3 following:
4 "Sec. ___. Section 710.10, Code 1995, is amended
5 by adding the following new subsection:
6 NEW SUBSECTION. 3. A person's intent to commit an
7 illegal act upon the child may be inferred when the
8 individual is not known to the child and the
9 individual does not have the permission of the child's
10 parent, guardian, or custodian to contact the child."
11 2. Title page, by striking lines 1 and 2, and
12 inserting the following: "An Act relating to sex
13 offenses, including enticing away a child and
14 sentences for persons convicted of sexually predatory
15 offenses."
16 3. By renumbering as necessary.
Amendment H-5235 was adopted.
Grubbs of Scott offered the following amendment H-5199 filed by
him and Kreiman from the floor and moved its adoption:
H-5199
1 Amend House File 2316 as follows:
2 1. Page 3, line 9, by striking the word "court"
3 and inserting the following: "finder of fact".
Amendment H-5199 was adopted.
Grubbs of Scott 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. 2316)
The ayes were, 97:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brammer Brand Branstad Brauns Brunkhorst
Burnett Carroll Cataldo Churchill Cohoon
Connors Coon Cormack
Daggett Dinkla Disney Doderer
Drake Drees Eddie Ertl
Fallon Garman Gipp Greig
Greiner Gries Grubbs Grundberg
Hahn Halvorson Hammitt Barry Hanson
Harper Harrison Heaton Holveck
Houser Hurley Huseman Jacobs
Jochum Klemme Koenigs Kreiman
Kremer Lamberti Larkin Larson
Lord Main Martin Mascher
May McCoy Mertz Metcalf
Meyer Millage Moreland Mundie
Murphy Myers Nelson, B. Nelson, L.
Nutt O'Brien Ollie
Renken Salton Schrader Schulte
Shoultz Siegrist Sukup Taylor
Teig Thomson Tyrrell Van Fossen Vande
Hoef Veenstra Warnstadt Weidman Weigel
Welter Wise Witt Rants,
Presiding
The nays were, none.
Absent or not voting, 3:
Corbett, Spkr. Osterhaus Van Maanen
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2316 be immediately messaged to the Senate.
House File 2409, a bill for an act relating to the regulation of
activities of state banks and state bank affiliates, interstate
branching or banking, and personnel of the banking division,
state banks, and state bank affiliates, and the regulation of
financial transactions involving such entities and personnel,
was taken up for consideration.
Holveck of Polk offered the following amendment H-5234 filed by
him and moved its adoption:
H-5234
1 Amend House File 2409 as follows:
2 1. Page 2, by inserting after line 9 the
3 following:
4 "Sec. ___. Section 524.211, subsection 5, Code
5 Supplement 1995, is amended to read as follows:
6 5. An employee of the banking division, other than
7 the superintendent or a member of the state banking
8 board, shall not perform any services for, and shall
9 not be a shareholder, member, partner, owner,
10 director, officer, or employee of, any enterprise,
11 person, or affiliate subject to the regulatory purview
12 of the banking division."
13 2. Page 14, by inserting after line 19 the
14 following:
15 "Sec. ___. Section 524.211, subsection 5, as
16 amended by this Act, shall not apply to the individual
17 who is serving as the superintendent of banking on
18 March 1, 1996."
19 3. By renumbering as necessary.
Amendment H-5234 lost.
Nelson of Pottawattamie offered the following amendment H-5231
filed by Nelson et. al. and moved its adoption:
H-5231
1 Amend House File 2409 as follows:
2 1. Page 14, by inserting after line 19, the
3 following:
4 "Sec. ___. Section 535B.2, Code 1995, is amended
5 by adding the following new subsection:
6 NEW SUBSECTION. 13. A nonprofit organization
7 qualifying for tax exempt status under the Internal
8 Revenue Code as defined in section 422.3 which offers
9 housing services to low and moderate income families.
10 Sec. ___. Section 535B.3, subsections 1 and 3,
11 Code 1995, are amended to read as follows:
12 1. A person exempt under section 535B.2,
13 subsection 10, 11, or 12, or 13, shall register with
14 the administrator.
15 3. The registrant, except a nonprofit organization
16 exempt under section 535B.2, subsection 13, shall pay
17 an annual registration fee of one hundred dollars."
18 2. By renumbering as necessary.
Amendment H-5231 was adopted.
Renken of Grundy 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. 2409)
The ayes were, 95:
Arnold Baker Bell Bernau Blodgett
Boggess Bradley Brammer Brand
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Connors Coon Daggett Dinkla
Disney Doderer Drake Drees
Eddie Ertl Fallon Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson
Hammitt Barry Hanson Harper Harrison
Heaton Holveck Houser Hurley
Huseman Jacobs Jochum Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Main
Martin Mascher May McCoy Mertz
Metcalf Meyer Millage Moreland
Mundie Murphy Myers Nelson, B.
Nelson, L. Nutt O'Brien Ollie
Renken Salton Schrader
Schulte Shoultz Siegrist Sukup
Taylor Teig Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Wise
Witt Rants,
Presiding
The nays were, none.
Absent or not voting, 5:
Boddicker Corbett, Spkr. Cormack Osterhaus
Van Maanen
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 2409 be immediately messaged to the Senate.
The House stood at ease at 10:32 a.m., until the fall of the
gavel.
The House resumed session at 11:17 a.m., Rants of Woodbury in
the chair.
ADOPTION OF HOUSE CONCURRENT RESOLUTION 116
Grundberg of Polk called up for consideration House Concurrent
Resolution 116, a concurrent resolution designating March 1996
as Iowa Women's History Month and moved its adoption.
The motion prevailed and the resolution was adopted.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House Concurrent Resolution 116 be immediately messaged to
the Senate.
SPECIAL PRESENTATION
In celebration of "March Women's History Month - 150 Years of
Iowa Women", the Iowa Commission on the Status of Women, the
Iowa Department of Education and the State Historical Society of
Iowa sponsored a "Write Women Back Into History" essay contest.
Holveck of Polk presented the following winners of the contest:
Sixth and Seventh Grade Category
First Place - Amanda Jo Miller, Red Oak Community Middle
School, Red Oak, for her essay about Gladys Cooper, a
nineteenth-century doctor.
Second Place - Emily Salsbery, St. Augustin School, Des Moines,
for her essay about her mother Patricia Shoff.
Third Place - Megan Bradfield, Wilton Elementary School, Wilton,
for her essay about her great-grandmother Lela Whitmer Norton.
Eighth and Ninth Grade Category
First Place - Rene Kafka, Heelan High School, Sioux City, for
her essay on the "Common Woman."
Second Place - Dia Carpenter, Charles City Middle School,
Charles City, for her essay on Carrie Chapman Catt.
Third Place - Erin Orozco, Keokuk Middle School, Keokuk, for her
essay on Janet Fife.
The Edith Rose Murphy Sackett Award - Rachel Smith of Charles
City Middle School, for her essay about her great-grandmother,
Katherine Zastrow.
Also: Katy Morgan, Bettendorf Middle School, Bettendorf, for her
essay on Kathy Wine.
The Women in Science and Engineering Award
Sixth and Seventh Grade Category
First Place - Jillian Anderson, Emerson Hough Elementary School,
Newton, for her essay on Pam St. John.
Second Place - Rachael Revell, Emerson Hough Elementary School,
Newton, for her essay on Pam St. John.
Eighth and Ninth Category
First Place - Helen Fuller, West Branch Middle School, West
Branch, for her essay on Carolyn Anderson.
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on March 7,
1996. Had I been present, I would have voted "aye" on House File
2409.
CORMACK of Webster
I was temporarily absent from the House chamber on the afternoon
of March 6, 1996. Had I been present, I would have voted "aye"
on House Files 2302 and 2421.
NELSON of Marshall
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Thirteen Local State Government students from Lamoni,
accompanied by Brad Kunecke. By Daggett of Union.
Eighth grade students from West Marshall Middle School, State
Center, accompanied by Patrica Anderson and Vicki Vellenga. By
Garman of Story.
Twenty-two senior students from Mount Pleasant High School,
Mount Pleasant, accompanied by Mr. Halvorson and Mrs. Allen. By
Heaton of Henry.
Thirty-five 4H students from Benton, Iowa, Poweshiek and Tama
counties, accompanied by Nancy Allen. By Brand of Benton,
Carroll of Poweshiek and Tyrrell 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
1996\185 New Hampton Community High School, Chickasaw County -
For placing 2nd in the Class 2A 1996 State Wrestling Tournament.
1996\186 Brooke Douglas, Adair - For receiving a $500
scholarship for submitting a winning essay in the Iowa's Best
Community Scholarship Program.
1996\187 Heather Ray, Cedar Rapids - For receiving a $500
scholarship for submitting a winning essay in the Iowa's Best
Community Scholarship Program.
1996\188 Arlene and Donald Beasley, Marion - For celebrating
their Fiftieth wedding anniversary.
1996\189 Bertie and Byron Hayter, Des Moines - For celebrating
their Fiftieth wedding anniversary.
1996\190 Idella and Willard Cushingberry, Des Moines - For
celebrating their Fiftieth wedding anniversary.
1996\191 Ellen and George Robinson, Des Moines - For celebrating
their Fiftieth wedding anniversary.
1996\192 Nellie and Orsel Morrow, Des Moines - For celebrating
their Fiftieth wedding anniversary.
1996\193 Barbara and Arzania Williams, Des Moines - For
celebrating their Fiftieth wedding anniversary.
1996\194 Dr. Larry Barrett, Bettendorf - For his Fifty-two years
of service.
1996\195 Jodi Robinson, Villisca - For receiving a $500
scholarship for submitting a winning essay in the Iowa's Best
Community Scholarship Program.
1996\196 Sarah Lemley, Des Moines - For receiving a $500
scholarship for submitting a winning essay in the Iowa's Best
Community Scholarship Program.
1996\197 Stacie Hansen, Cedar Falls - For receiving a $500
scholarship for submitting a winning essay in the Iowa's Best
Community Scholarship Program.
1996\198 Emily Mumm, Cedar Falls - For receiving a $500
scholarship for submitting a winning essay in the Iowa's Best
Community Scholarship Program.
1996\199 Cliff Sacco, Centerville - For receiving a $500
scholarship for submitting a winning essay in the Iowa's Best
Community Scholarship Program.
1996\200 Susan Bridenstine, Muscatine - For receiving a $500
scholarship for submitting a winning essay in the Iowa's Best
Community Scholarship Program.
1996\201 Jill Maw, Muscatine - For receiving a $500 scholarship
for submitting a winning essay in the Iowa's Best Community
Scholarship Program.
1996\202 Katherine Snyder, Guthrie Center - For receiving a $500
scholarship for submitting a winning essay in the Iowa's Best
Community Scholarship Program.
SUBCOMMITTEE ASSIGNMENTS
House File 2465
Appropriations: Ertl, Chair; Meyer and Moreland.
House Concurrent Resolution 115
Agriculture: Meyer, Chair; Hahn and Weigel.
Senate File 2062
Judiciary: Nutt, Chair; Dinkla and Moreland.
Senate File 2121
State Government: Disney, Chair; Brammer and Renken.
Senate File 2122
State Government: Drake, Chair; Connors and Houser.
Senate File 2127
State Government: Thomson, Chair; Disney and Taylor.
Senate File 2155
Judiciary: Nutt, Chair; Dinkla and Doderer.
Senate File 2165
Natural Resources: Huseman, Chair; Branstad and Mertz.
Senate File 2207
Judiciary: Schulte, Chair; Dinkla and Doderer.
Senate File 2208
Judiciary: Coon, Chair; Grubbs and Holveck.
Senate File 2211
Judiciary: Harrison, Chair; Bernau and Veenstra.
Senate File 2212
Natural Resources: Weidman, Chair; Garman and Mundie.
Senate File 2213
Human Resources: Hammitt Barry, Chair; Harrison and Witt.
Senate File 2215
Human Resources: Lord, Chair; Burnett and Veenstra.
Senate File 2252
Judiciary: Dinkla, Chair; Holveck and Nutt.
Senate File 2256
Judiciary: Harrison, Chair; Bernau and Coon.
Senate File 2300
Judiciary: Schulte, Chair; Boddicker and Shoultz.
Senate File 2303
Human Resources: Blodgett, Chair; Harper, Myers, Schulte and
Veenstra.
Senate File 2321
Human Resources: Lord, Chair; Burnett and Veenstra.
Senate File 2367
State Government: Bradley, Chair; Connors and Gipp.
Senate File 2375
Judiciary: Lamberti, Chair; Dinkla and Moreland.
Senate Concurrent Resolution 104
Agriculture: Greig, Chair; Burnett and Main.
Senate Concurrent Resolution 107
Natural Resources: Klemme, Chair; Huseman and O'Brien.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT
House Study Bill 747
Appropriations: Meyer, Chair; Ertl and Kreiman.
AMENDMENTS FILED
H_5236 H.F. 2298 Metcalf of Polk
H_5237 H.F. 2419 Fallon of Polk
H_5238 H.F. 2433 Cormack of Webster
H_5239 H.F. 2444 Sukup of Franklin
Kreiman of Davis
Murphy of Dubuque
Cormack of Webster
H_5240 H.F. 2470 Vande Hoef of Osceola
H_5241 H.F. 47 Kreiman of Davis
H_5242 H.F. 2298 Halvorson of Clayton
H_5243 H.F. 2298 Halvorson of Clayton
H_5244 H.F. 2298 Halvorson of Clayton
H_5245 H.F. 2473 Fallon of Polk
H_5246 H.F. 308 O'Brien of Boone
H_5247 H.F. 2235 Holveck of Polk
H_5248 H.F. 2235 Holveck of Polk
H_5249 H.F. 2235 Holveck of Polk
H_5250 H.F. 2235 Holveck of Polk
H_5251 H.F. 2235 Holveck of Polk
H_5252 H.F. 2235 Holveck of Polk
H_5253 H.F. 2235 Holveck of Polk
H_5254 H.F. 2433 Cormack of Webster
H_5255 H.F. 2412 O'Brien of Boone
H_5256 S.F. 2433 O'Brien of Boone
H_5257 H.F. 2441 Halvorson of Clayton
H_5258 H.F. 2449 Bernau of Story
H_5259 H.F. 2457 Carroll of Poweshiek
H_5260 H.F. 2235 Dinkla of Guthrie
On motion by Siegrist of Pottawattamie, the House adjourned at
11:42 a.m., until 1:00 p.m., Monday, March 11, 1996.
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