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House Journal: Thursday, April 17, 2003

JOURNAL OF THE HOUSE

Ninety-fifth Calendar Day - Sixty-eighth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Thursday, April 17, 2003

The House met pursuant to adjournment at 8:48 a.m., Speaker
Rants in the chair.

Prayer was offered by Reverend Kevin Korver, pastor of the Third
Reformed Church, Pella. He was the guest of Representative Jim
Van Engelenhoven of Marion County.

The Journal of Wednesday, April 16, 2003 was approved.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Speaker Rants.

INTRODUCTION OF BILLS

House File 684, by committee on appropriations, a bill for an act
relating to the revenue estimating conference's responsibilities and
authority.

Read first time and referred to the appropriations calendar.

House File 685, by committee on appropriations, a bill for an act
relating to and making appropriations from the healthy Iowans
tobacco trust and the tobacco settlement trust fund.

Read first time and referred to the appropriations calendar.

MESSAGE FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 16, 2003, passed the following bill in which the concurrence of the House is asked:

Senate File 445, a bill for an act relating to the establishment of a school
infrastructure financing program by providing for the sharing of revenues from local
option sales and services taxes for school infrastructure purposes and providing for the

use of the revenues from the local option tax for school infrastructure or property tax
relief purposes and including an effective date.

MICHAEL E. MARSHALL, Secretary

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Jones of Mills on request of Gipp of Winneshiek.

The House stood at ease at 8:57 a.m., until the fall of the gavel.

The House resumed session at 9:14 a.m., Speaker Rants in the
chair.

ADOPTION OF HOUSE RESOLUTION 41

Paulsen of Linn called up for consideration House Resolution
41, a resolution honoring the town of Troy Mills on its
sesquicentennial year, and moved its adoption.

The motion prevailed and the resolution was adopted.

CONSIDERATION OF BILLS
Unfinished Business Calendar

House File 542, a bill for an act relating to the training of an
individual who intends to become certified as a law enforcement
officer, was taken up for consideration.

Baudler of Adair offered the following amendment H-1248 filed by
J.R. Van Fossen of Scott and moved its adoption:

H-1248

1 Amend House File 542 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. NEW SECTION. 80B.11D TRAINING.
5 1. An individual who is not a certified law
6 enforcement officer may apply for attendance at a
7 short course of study at an approved law enforcement
8 training program if such individual is sponsored by a
9 law enforcement agency. Such individual may be

10 sponsored by a law enforcement agency that either
11 intends to hire or has hired the individual as a law
12 enforcement officer.
13 2. An individual who submits an application
14 pursuant to subsection 1 shall, at a minimum, meet all
15 minimum hiring standards as established by academy
16 rules, including the successful completion of certain
17 psychological and physical testing examinations. In
18 addition, such individual shall be of good moral
19 character as determined by a thorough background
20 investigation by the hiring law enforcement agency.
21 The academy shall conduct the requisite testing and
22 background investigation for a fee if the law
23 enforcement agency does not do so, and for such
24 purposes, the academy shall be defined as a law
25 enforcement agency and shall have the authority to
26 conduct a background investigation including a
27 fingerprint search of local, state, and national
28 fingerprint files.
29 3. An individual who submits an application
30 pursuant to subsection 1 shall, at a minimum, submit
31 proof of successful completion of a two-year or four-
32 year police science or criminal justice program at an
33 accredited educational institution in this state
34 approved by the academy.
35 4. An individual shall not be granted permission
36 to attend an approved law enforcement training program
37 pursuant to subsection 1 if such acceptance would
38 result in the nonacceptance of another qualifying
39 applicant who is a law enforcement officer.
40 5. This section applies only to individuals who
41 apply for certification through a short course of
42 study as established by rule.
43 6. An individual who has not been hired by a law
44 enforcement agency must be hired by a law enforcement
45 agency within eighteen months of completing the short
46 course of study in order to obtain certification
47 pursuant to this section."

Amendment H-1248 was adopted, placing out of order amendment
H-1078 filed by Baudler of Adair on March 18, 2003.

SENATE FILE 352 SUBSTITUTED FOR HOUSE FILE 542

J. R. Van Fossen of Scott asked and received unanimous consent to
substitute Senate File 352 for House File 542.


Senate File 352, a bill for an act relating to the training of an
individual who intends to become certified as a law enforcement
officer, was taken up for consideration.

J. R. Van Fossen 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?" (S.F. 352)

The ayes were, 97:
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 Klemme
Kramer Kuhn Kurtenbach Lalk
Lensing Lukan Lykam Manternach
Mascher McCarthy Mertz Miller
Murphy Myers Oldson Olson, D.
Olson, S. Osterhaus 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, none.

Absent or not voting, 3:
Jones Maddox 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 542 WITHDRAWN

J. R. Van Fossen of Scott asked and received unanimous consent to
withdraw House File 542 from further consideration by the House.

Regular Calendar

Senate File 180, a bill for an act relating to the procedures for
handling abandoned property and property presumed to be
abandoned, with report of committee recommending passage, was
taken up for consideration.

Sands of Louisa 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. 180)

The ayes were, 92:
Alons Arnold Baudler Bell
Berry Boal Boddicker Boggess
Bukta Carroll Chambers Cohoon
Connors Dandekar Davitt De Boef
Dennis Dix Dolecheck Drake
Elgin Foege Freeman Frevert
Gaskill Gipp Granzow Greimann
Greiner Hahn Hansen Hanson
Heaton Heddens Hoffman Hogg
Horbach Hunter Huseman Huser
Hutter Jacobs Jenkins Jochum
Klemme Kramer Kuhn Kurtenbach
Lalk Lensing Lukan Lykam
Manternach Mascher Miller Murphy
Myers Oldson Olson, D. Olson, S.
Osterhaus 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, 5:
Eichhorn Fallon Ford McCarthy
Mertz

 


Absent or not voting, 3:
Jones Maddox Van Fossen, J.K.

 


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

IMMEDIATE MESSAGES

Gipp of Winneshiek asked and received unanimous consent that
the following bills be immediately messaged to the Senate: Senate
Files 180 and 352.

Jacobs of Polk in the chair at 9:40 a.m.

Senate File 359, a bill for an act relating to landlords, tenants,
and actions for forcible entry or detention, with report of committee
recommending passage, was taken up for consideration.

Eichhorn of Hamilton offered the following amendment H-1285
filed by him and moved its adoption:

H-1285

1 Amend Senate File 359, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by striking lines 3 through 11, and
4 inserting the following:
5 "1. As used in this section, "lease" or "rental
6 agreement" means any lease or rental agreement
7 covering premises occupied for dwelling, professional,
8 business, agricultural, or similar purposes if both of
9 the following conditions are met:
10 a. The lease or rental agreement was executed by
11 or on behalf of a service member who, after the
12 execution of the lease or rental agreement, entered
13 military service.
14 b. The service member or the service member's
15 dependents occupy the premises for the purposes set
16 forth in this subsection.
17 2. a. A service member may terminate a lease or
18 rental agreement by providing written notice to the
19 lessor or the lessor's agent at any time following the

20 date of the beginning of the service member's period
21 of military service. The notice may be delivered by
22 placing it in an envelope properly stamped and
23 addressed to the lessor or the lessor's agent and
24 depositing the notice in the United States mail.
25 b. Termination of a month-to-month lease or rental
26 agreement shall not be effective until thirty days
27 after the first day on which the next rental payment
28 is due and payable after the date when notice is
29 delivered or mailed. As to all other leases or rental
30 agreements, termination shall be effective on the last
31 day of the month following the month in which notice
32 is delivered or mailed. Any unpaid rent for the
33 period preceding the termination in such cases shall
34 be computed on a pro rata basis and any rent paid in
35 advance after termination shall be refunded by the
36 lessor or the lessor's agent.
37 c. Upon application by the lessor and prior to the
38 termination period provided in the notice, a court may
39 modify or restrict any relief granted in this
40 subsection as the interests of justice and equity
41 require.
42 3. A person who knowingly seizes, holds, or
43 detains the personal effects, clothing, furniture, or
44 other property of any person who has lawfully
45 terminated a lease or rental agreement covered under
46 this section or who interferes in any manner with the
47 removal of property from the premises for the purposes
48 of subjecting the property to a claim for rent
49 accruing subsequent to the date of termination of the
50 lease or rental agreement commits a simple

Page 2

1 misdemeanor."
2 2. Title page, line 2, by inserting after the
3 word "detention" the following: "and providing a
4 penalty".

Amendment H-1285 was adopted.

Paulsen of Linn offered the following amendment H-1282 filed by
him and Struyk of Pottawattamie and moved its adoption:

H-1282

1 Amend Senate File 359, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting after line 11, the
4 following:
5 "Sec. . Section 562A.27, Code 2003, is amended

6 by adding the following new subsection:
7 NEW SUBSECTION. 5. Notwithstanding any other
8 provisions of this chapter, a municipal housing agency
9 established pursuant to chapter 403A may issue a
10 thirty-day notice of lease termination for a violation
11 of a rental agreement by the tenant when the violation
12 is a violation of a federal regulation governing the
13 tenant's eligibility for or continued participation in
14 a public housing program. The municipal housing
15 agency shall not be required to provide the tenant
16 with a right or opportunity to remedy the violation or
17 to give any notice that the tenant has such a right or
18 opportunity when the notice cites the federal
19 regulation as authority.
20 Sec. . NEW SECTION. 648.1A NONPROFIT
21 TRANSITIONAL HOUSING EXEMPTED.
22 This chapter shall not apply to occupancy in
23 housing owned by a nonprofit organization whose
24 purpose is to provide transitional housing for persons
25 released from drug or alcohol treatment facilities or
26 to provide housing for homeless persons. Absent an
27 applicable provision in a lease, contract, or other
28 agreement, a person who unlawfully remains on the
29 premises of such housing may be subject to criminal
30 trespass penalties pursuant to section 716.8."

Amendment H-1282 was adopted.

Eichhorn of Hamilton offered the following amendment H-1355
filed by him and moved its adoption:

H-1355

1 Amend Senate File 359, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, line 10, by inserting after the word
4 "utilities" the following: "and protecting the home
5 from damage".
6 2. Page 2, line 34, by inserting after the word
7 "park," the following: "the plaintiff may sell or
8 dispose of the home in accordance with the provisions
9 of section 555B.9 without an order for disposal, or
10 chapter 555C, and may do so free and clear of all
11 liens, claims, or encumbrances of third parties except
12 any tax lien, at which time".
13 3. Page 3, by striking lines 1 through 6 and
14 inserting the following:
15 "a. The home, its contents, and any other property
16 of the defendant remaining on the premises shall
17 become the property of the plaintiff free and clear of
18 all rights of the defendant to the property and of all

19 liens, claims, or encumbrances of third parties, and
20 any tax levied pursuant to chapter 435 may be abated
21 by the board of supervisors. The proceeds from the
22 sale shall first be applied to any judgments against
23 the defendant obtained by the plaintiff, any unpaid
24 rent or additional costs incurred by plaintiff, and
25 reasonable attorney fees. Any remaining proceeds
26 shall next be applied to any tax lien with the
27 remainder to be held in accordance with section
28 555B.9, subsection 3, paragraph "c"."
29 4. Page 3, line 10, by striking the word "The"
30 and inserting the following: "The If plaintiff elects
31 to retain the home pursuant to section 555B.9, the".

Amendment H-1355 was adopted.

Swaim of Davis asked and received unanimous consent to
withdraw amendment H-1219 filed by him on April 1, 2003.

Eichhorn of Hamilton 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. 359)

The ayes were, 96:
Alons Arnold Baudler Bell
Berry Boal Boddicker Boggess
Bukta Chambers Cohoon Connors
Dandekar Davitt De Boef Dennis
Dix Dolecheck Eichhorn Elgin
Fallon Foege Ford Freeman
Frevert Gaskill Gipp Granzow
Greimann Greiner Hahn Hansen
Hanson Heaton Heddens Hoffman
Hogg Horbach Hunter Huseman
Huser Hutter Jenkins Jochum
Klemme Kramer Kuhn Kurtenbach
Lalk Lensing Lukan Lykam
Maddox Manternach Mascher McCarthy
Mertz Miller Murphy Myers
Oldson Olson, D. Olson, S. Osterhaus
Paulsen Petersen Quirk Raecker
Rants, Spkr. 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 Jacobs,
Presiding

 


The nays were, none.

Absent or not voting, 4:
Carroll Drake Jones Van Fossen, J.K.

 


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

Senate File 372, a bill for an act relating to the licensing of
persons providing money transmission and currency exchange
services, providing penalties, and providing an effective date, with
report of committee recommending passage, was taken up for
consideration.

Sands of Louisa 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. 372)

The ayes were, 96:
Alons Arnold Baudler Bell
Berry Boal Boddicker Boggess
Bukta Chambers Cohoon Connors
Dandekar Davitt De Boef Dennis
Dix Dolecheck Eichhorn Elgin
Fallon Foege Ford Freeman
Frevert Gaskill Gipp Granzow
Greimann Greiner Hahn Hansen
Hanson Heaton Heddens Hoffman
Hogg Horbach Hunter Huseman
Huser Hutter Jenkins Jochum
Klemme Kramer Kuhn Kurtenbach
Lalk Lensing Lukan Lykam
Maddox Manternach Mascher McCarthy
Mertz Miller Murphy Myers
Oldson Olson, D. Olson, S. Osterhaus
Paulsen Petersen Quirk Raecker
Rants, Spkr. 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 Jacobs,
Presiding

 


The nays were, none.

Absent or not voting, 4:
Carroll Drake Jones Van Fossen, J.K.

 


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

Senate File 386, a bill for an act requiring the insurance division
of the department of commerce to establish a school health insurance
reform team study and to make recommendations to the general
assembly, with report of committee recommending amendment and
passage, was taken up for consideration.

Hoffman of Crawford offered the following amendment H-1325
filed by the committee on commerce, regulation and labor and moved
its adoption:

H-1325

1 Amend Senate File 386, as amended, passed, and
2 reprinted by the Senate as follows:
3 1. Page 1, line 10, by inserting after the word
4 "employees." the following: "The study shall include
5 a comparison of health insurance coverage that is
6 offered to school district employees, to other public
7 employees, and to employees in the private sector."

The committee amendment H-1325 was adopted.

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?" (S.F. 386)


The ayes were, 96:
Alons Arnold Baudler Bell
Berry Boal Boddicker Boggess
Bukta Chambers Cohoon Connors
Dandekar Davitt De Boef Dennis
Dix Dolecheck Eichhorn Elgin
Fallon Foege Ford Freeman
Frevert Gaskill Gipp Granzow
Greimann Greiner Hahn Hansen
Hanson Heaton Heddens Hoffman
Hogg Horbach Hunter Huseman
Huser Hutter Jenkins Jochum
Klemme Kramer Kuhn Kurtenbach
Lalk Lensing Lukan Lykam
Maddox Manternach Mascher McCarthy
Mertz Miller Murphy Myers
Oldson Olson, D. Olson, S. Osterhaus
Paulsen Petersen Quirk Raecker
Rants, Spkr. 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 Jacobs,
Presiding

 


The nays were, none.

Absent or not voting, 4:
Drake Jones Van Fossen, J.K.

 


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

IMMEDIATE MESSAGES

Gipp of Winneshiek asked and received unanimous consent that
the following bills be immediately messaged to the Senate: Senate
Files 359, 372 and 386.

SENATE MESSAGE CONSIDERED

Senate File 445, by committee on ways and means, a bill for an
act relating to the establishment of a school infrastructure financing
program by providing for the sharing of revenues from local option

sales and services taxes for school infrastructure purposes and
providing for the use of the revenues from the local option tax for
school infrastructure or property tax relief purposes and including an
effective date.

Read first time and passed on file.

SENATE FILES PLACED ON THE
UNFINISHED BUSINESS CALENDAR

Gipp of Winneshiek asked and received unanimous consent to
place the following Senate Files on the unfinished business calendar:

Senate File 73 Senate File 353
Senate File 102 Senate File 354
Senate File 173 Senate File 368
Senate File 185 Senate File 371
Senate File 203 Senate File 383
Senate File 313 Senate File 402
Senate File 341 Senate File 405
Senate File 343 Senate File 417
Senate File 344

REPORT OF THE CHIEF CLERK OF THE HOUSE

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

House File 489

1. Page 2, line 18 - Take out extra space between recipient and comma.

House File 628

1. Page 2, line 17 - The period after 148C.6A should also be struck.

MARGARET A. THOMSON
Chief Clerk of the House


EXPLANATIONS OF VOTE

I was necessarily absent from the House chamber on April 17,
2003. Had I been present I would have voted "aye" on Senate Files
359, 372 and 386.

DRAKE of Pottawattamie

I was necessarily absent from the House chamber on April 14 and
15, 2003. Had I been present, I would have voted "aye" on House File
654, and Senate Files 3, 119, 155, 172, 201, 236, 303, 340, 351, 379,
393, 394, 395, 396, 397 and 416.

HUSEMAN of Cherokee

I was necessarily absent from the House chamber on April 17,
2003. Had I been present, I would have voted "aye" on Senate Files
180, 352, 359, 372 and 386.

J.K. VAN FOSSEN of Scott

BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR

The Chief Clerk of the House submitted the following report:

Mr. Speaker: The Chief Clerk of the House respectfully reports that the following
bills have been examined and found correctly enrolled, signed by the Speaker of the
House and the President of the Senate, and presented to the Governor for his approval
on this 17th day of April, 2003: House Files: 170, 344, 349, 380, 389 and 395.

MARGARET A. THOMSON
Chief Clerk of the House

Report adopted.

PRESENTATION OF VISITORS

The Speaker announced that the following visitors were present in
the House chamber:

Students from Mid Prairie Middle School, Kalona, Iowa,
accompanied by Advisor, Laura Conway. By Greiner of Washington.


CERTIFICATES OF RECOGNITION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.

MARGARET A. THOMSON
Chief Clerk of the House

2003\1245 Glenroy Kane, Fairbank - For celebrating his 90th birthday.

2003\1246 Mark Langgin, Ottumwa - For qualifying to compete in the
National Debate Tournament in Atlanta.

2003\1247 John Weber, Dysart - For celebrating his 80th birthday.

2003\1248 John and GlennaLee Walsh, Anthon - For celebrating their 50th
wedding anniversary.

2003\1249 Maxine Dicks, Hornick - For celebrating her 80th birthday.

2003\1250 Dianna Hanna and the East Greene jazz band, Grand Junction, for
winning the Class A Iowa Jazz Band Championships.

2003\1251 Mildred King, Guthrie Center - For celebrating her 84th birthday.

SUBCOMMITTEE ASSIGNMENTS

House File 608

Ways and Means: Tymeson, Chair; Lalk and D. Taylor.

House File 683

Economic Growth: Hoffman, Chair; Dandekar, Jenkins, S. Olson and Thomas.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 314

Ways and Means: Paulsen, Chair; Kuhn and Sands.

House Study Bill 315

Ways and Means: J. Drake, Chair; Jochum and Lalk.


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.

MARGARET A. THOMSON
Chief Clerk of the House

COMMITTEE ON WAYS AND MEANS

Committee Bill (Formerly House Study Bill 313), relating to urban renewal and
tax increments financing and including effective and retroactive applicability date
provisions.

Fiscal Note is not required.

Recommended Amend and Do Pass April 16, 2003.

Committee Bill (Formerly House File 645), providing a sales and use tax
exemption for soy-based railroad rail lubricants.

Fiscal Note is not required.

Recommended Do Pass April 16, 2003.

Committee Bill (Formerly House File 578), relating to biodiesel fuel, including
biodiesel fuel tax credits and providing an applicability date.

Fiscal Note is not required.

Recommended Amend and Do Pass April 16, 2003.

AMENDMENTS FILED

H-1361 S.F. 313 Watts of Dallas
Wise of Lee
H-1362 H.F. 685 Huser of Polk
Wise of Lee
Petersen of Polk
McCarthy of Polk
H-1363 S.F. 341 Kuhn of Floyd
Whitaker of Van Buren
H-1364 S.F. 445 Wendt of Woodbury
H-1365 S.F. 354 Boddicker of Cedar
Foege of Linn

On motion by Gipp of Winneshiek the House adjourned at 10:24
a.m., until 8:45 a.m., Friday, April 18, 2003.


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