Iowa Legislative Report
84th Iowa General Assembly, 2012
IA State Police Assoc
Week 8: February 27 – March 2, 2012
Paula Feltner & Mike Heller, Lobbyists
It was an interesting week at the Iowa Legislature. Unfortunately, it was
also our first really contentious week. Monday and Tuesday went pretty
smoothly but on Wednesday the House democratic caucus actually left the
building for five hours because they were angry that the majority party decided to
debate two gun bills. Finally at 5:30 in the evening the debate began and two
guns bill passed and were sent to the Senate.
The first bill debate was HJR 2009, a joint resolution to start the process
to put a section into the Iowa Constitution regarding the rights of individuals to
keep and bear arms. The Republicans argued that “there is a continual battle on
the part of anti-gun elements to get rid of the Second amendment of the U.S.
Constitution. The 5 to 4 decision alone should be of concern that fundamental
constitutional rights have been upheld only by a very thin margin. If the U.S. 2nd
amendment were to be ever rendered no longer valid by a rogue Supreme Court,
and Iowa’s constitutional language mirrored the U.S. version one could argue
that Iowa could lose the right as well. In order to guard against that, more explicit
language would be a part of the Iowa Constitution.”
The bill as amended proposes an amendment to the Iowa Constitution. It
states that the right to bear arms shall not be infringed and enacts broad
language on the right to bear arms, including banning mandatory licensing,
special taxation and subjecting regulations to strict scrutiny.
The bill passed the House on a strict party line vote 62-38 and now goes
to the Senate where it will not be passed. Senator Gronstal already has said it
will be put in Judiciary Committee where it will most certainly stay. If it were to
pass the Senate, and then passed the House and Senate in the next consecutive
legislative session, it would be submitted to a state vote for the people to
ultimately decide the issue.
The second bill that was passed is the so-called “Castle Doctrine” which
removes the requirement to retreat if one is threatened with bodily harm. HF
2215 JUSTIFIABLE USE OF FORCE allows a person to use any reasonable
force, including deadly force, and does not give the person a duty to retreat, if the
person reasonably believes that the force is necessary to prevent death, serious
injury or to prevent a forcible felony.
The bill also creates a presumption that the use of force is reasonable in
certain circumstances (unlawful entry by an intruder through force or stealth into
a home, car or business) and creates a presumption that the use is not
justified if the person uses deadly force against a police officer in specified
circumstances, or in a criminal activity, or in trying to remove a child from the
other parent who has custody. It makes the person using reasonable force
immune from civil or criminal prosecution unless the force is against a peace
officer who is acting within the scope of duty. It prohibits an arrest unless
there is probable cause and authorizes attorney fees and compensation for a
person arrested but found to have used reasonable force. The House passed
the bill 60-38. It will be directed to the Judiciary Committee where its prospects
are dim.
This week the legislature continued work on the FY 2013 budget bill by
passing four budget bills earlier in the week: the Judicial Branch bill, the Justice
Systems bill, the Ag and Natural Resources bill; and the Economic Development
Budget. The Senate passed the Transportation Appropriations bill out of
committee and it is now on the calendar. An amendment has been filed to it (S5022) was filed involving automated traffic law enforcement which we will of
course oppose.
Senate Amendment 5022
PAG LIN
1 1 Amend Senate File 2169 (Transportation Approp) as follows:
1 2 #1. Page 13, after line 27 by inserting:
1 3
<DIVISION V
1 4
TRAFFIC ENFORCEMENT
1 5 Sec. ___. Section 321.1, Code Supplement 2011, is
1 6 amended by adding the following new subsection:
1 7 NEW SUBSECTION. 95. "Automated traffic law
1 8 enforcement system" means a device with one or more
1 9 sensors working in conjunction with one of the
1 10 following:
1 11 a. An official traffic=control signal, to produce
1 12 recorded images of motor vehicles entering an
1 13 intersection against a steady circular red light.
1 14 b. A speed measuring device, to produce recorded
1 15 images of motor vehicles traveling at a prohibited rate
1 16 of speed.
1 17 c. A railroad grade crossing signal light, as
1 18 described in section 321.342, to produce images of
1 19 vehicles violating the signal light.
1 20 d. Any official traffic=control device, if failure
1 21 to comply with the official traffic=control device
1 22 constitutes a violation under this chapter.
1 23 Sec. ___. NEW SECTION. 321.5A Automated traffic
1 24 law enforcement systems prohibited.
1 25 The department or a local authority shall not place
2
1 26 or cause to be placed on or adjacent to a highway, or
1 27 maintain or employ the use of, an automated traffic law
1 28 enforcement system for the enforcement of any provision
1 29 of this chapter or any local ordinance relating to
1 30 motor vehicles.
1 31 Sec. ___. REMOVAL OF AUTOMATED TRAFFIC LAW
1 32 ENFORCEMENT SYSTEMS ==== VALIDITY OF PRIOR NOTICES
1 33 AND CITATIONS. On or before July 1, 2012, a local
1 34 authority using an automated traffic law enforcement
1 35 system shall discontinue using the system and remove
1 36 the system equipment. Effective July 1, 2012, all
1 37 local ordinances authorizing the use of an automated
1 38 traffic law enforcement system are void. However,
1 39 notices of violations mailed or citations issued
1 40 pursuant to such an ordinance prior to July 1, 2012,
1 41 shall not be invalidated by the enactment of this
1 42 division of this Act and shall be processed according
1 43 to the provisions of the law under which they were
1 44 authorized.
1 45 Sec. ___. EFFECTIVE UPON ENACTMENT. The section
1 46 of this division of this Act relating to the removal
1 47 of automated traffic law enforcement systems and the
1 48 validity of prior notices and citations, being deemed
1 49 of immediate importance, takes effect upon enactment.>
1 50 #2. Title page, line 4, after <operators,> by
2 1 inserting <traffic enforcement,>
2 2 #3. By renumbering as necessary.
INTROCUED BY
BRAD ZAUN, DES MOINES
JONI ERNST, RED OAK
KENT SORENSON, INDIANOLA
NANCY J. BOETTGER, HARLAN
ROBERT BACON, MAXWELL
PAT WARD, WEST DES MOINES
MARK CHELGREN,OTTUMWA
JACK WHITVER, ANKENY
DAVID JOHNSON,OCHEYEDAN
JAMES A. SEYMOUR,WOODBINE
RANDY FEENSTRA, HULL
JAMES F. HAHN, MUSCATINE
STEVE KETTERING, LAKE CITY
PAUL McKINLEY, CHARITONTHE
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The last bill passed of the week was the bill informally known as “Kaydn’s
law”, in memory of a 7 year old first grader who was killed by a driver who
illegally passed a stopped school bus. Under current law, people who pass a
bus when the red warning lights are flashing are in line for a fine of $200.
SENATE FILE 2218 would increase the penalty to at least $250 and as
high as $675 for a first offense and up to 30 days in jail. Subsequent violators
could face fines of up to $1,875. Drivers who cause an injury from such a
violation could face additional fine, jail time and license suspension. That law will
additionally direct the state to launch an education program to help drivers better
understand the serious nature of obeying the bus stop laws.
Finally, we wanted to call your attention to a bill that was introduced
Thursday and get your opinion on it. HF 2421 EMERGENCY COMMITMENTS
requires the ILEA to adopt rules on in-service Mental Health first aid training for
law enforcement. It requires officers to do training every four years. Emergency
Commitments: The bill allows the emergency commitment of an intoxicated
person prior to the application for a court order at all times. Workgroup:
Requires that the current Judicial Branch/DHS work group continue work on
SA/involuntary commitment problems and that group is required to issue a report
by December 2012. Diversion: Directs CJJP to study a comprehensive
statewide jail diversion program and to report by December 2012.
Senate File 2315
A bill for an act relating to redesign of publicly funded mental health and disability
services by requiring certain core services and addressing other services and
providing for establishment of regions and including effective date and applicability
provisions. (Formerly SSB 3152.)
Mar. 01 Committee report, approving bill. S.J. 426.
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Sponsored by Human Resources.
Senate File 2312
A bill for an act relating to persons with mental health illnesses and substancerelated disorders. (Formerly SSB 3137.)
Feb. 28 Committee report, approving bill. S.J. 398.
12
Sponsored by Human Resources.
Senate File 2307
A bill for an act relating to the sealing of juvenile delinquency records. (Formerly SF
380.)
Feb. 28 Committee report, approving bill. S.J. 399.
12
Sponsored by Judiciary.
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Senate File 2304
A bill for an act requiring an aggravated misdemeanant to submit a DNA sample
and including effective date provisions. (Formerly SSB 3028.)
Feb. 28 Committee report, approving bill. S.J. 398.
12
Sponsored by Judiciary.
Senate File 2299
A bill for an act relating to government operations and efficiency and other related
matters and including effective date provisions. (Formerly SSB 3176.)
Feb. 27 Committee report, approving bill. S.J. 371.
12
Sponsored by State Government.
Senate File 2297
A bill for an act establishing the criminal offense of sexual abuse in the fourth
degree, making related changes to sexual abuse in the third degree, providing
penalties, and including retroactive and other applicability provisions. (Formerly
SSB 3177.)
Feb. 27 Committee report, approving bill. S.J. 366.
12
Sponsored by Judiciary.
Senate File 2296
A bill for an act relating to the criminal offense of solicitation to commit murder and
providing a penalty. (Formerly SSB 3154.)
Feb. 27 Committee report, approving bill. S.J. 366.
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Sponsored by Judiciary.
Senate File 2295
A bill for an act modifying the periods of time to bring civil and criminal actions
relating to the sexual abuse of minors. (Formerly SF 2229.)
Feb. 27 Committee report, approving bill. S.J. 366.
12
Sponsored by Judiciary.
Senate File 2278
A bill for an act establishing a public safety training and equipment trust fund and
providing for appropriations of moneys in the fund. (Formerly SF 2204.)
Mar. 01 Subcommittee, Dvorsky and Dix. S.J. 425.
12
Sponsored by State Government.
Senate File 2272
A bill for an act relating to enhanced 911 emergency communication systems,
including surcharges and the allocation of moneys collected from such surcharges.
(Formerly SSB 3170.)
5
Feb. 28 Subcommittee, Jochum, Anderson, and Mathis. S.J. 395.
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Sponsored by State Government.
Senate File 2263 MONITOR
A bill for an act relating to fire protection and emergency medical services, including
tax credits, service charges, and applicability provisions. (Formerly SSB 3179.)
Feb. 28 Subcommittee, Quirmbach, Black, and Chelgren. S.J. 395.
12
Sponsored by State Government.
Senate File 2257 SUPPORT
A bill for an act relating to requirements for motorists approaching certain stationary
vehicles on the highway, and providing penalties. (Formerly SF 2091.)
Feb. 22 Committee report, approving bill. S.J. 323.
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Sponsored by Transportation.
Senate File 2232
A bill for an act relating to certain multiple driving-related convictions involving one
event or occurrence of driving. (Formerly SSB 3074.)
Mar. 01 Subcommittee, Anderson, Baltimore, and Wolfe. H.J. 407.
12
Sponsored by Judiciary.
Senate File 2225
A bill for an act relating to child abuse by prohibiting retaliation for reporting,
providing for implementation of reporting policies at postsecondary institutions,
requiring review of training requirements, and providing a remedy.
Mar. 01 Read first time, referred to Human Resources. H.J. 403.
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Sponsored by Education.
Senate File 2218
A bill for an act relating to school bus safety, including providing penalties for failure
to obey school bus warning lamps and stop signal arms, providing for a school bus
safety study and administrative remedies, and making an appropriation. (Formerly
SF 2021.)
Mar. 01 Read first time, passed on file. H.J. 405.
12
Sponsored by Judiciary.
Senate File 2209
A bill for an act prohibiting certain credits for time served while on probation.
(Formerly SSB 3075.)
Mar. 01 Read first time, passed on file. H.J. 403.
12
Sponsored by Judiciary.
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Senate File 2173 MONITOR
A bill for an act authorizing the imposition of certain charges for fire protection and
emergency medical services. (Formerly SF 2012.)
Feb. 13 Committee report, approving bill. S.J. 239.
12
Sponsored by State Government.
Senate File 2123 SUPPORT
A bill for an act making changes to the controlled substance schedules, and making
penalties applicable. (Formerly SSB 3041.)
Feb. 29 Read first time, referred to Public Safety. H.J. 381.
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Sponsored by Human Resources.
Senate File 2119 SUPPORT
A bill for an act relating to the sealing and expungement of child abuse registry
information. (Formerly SSB 3038.)
Feb. 02 Committee report, approving bill. S.J. 184.
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Sponsored by Human Resources.
Senate File 2111 SUPPORT
A bill for an act relating to crime victims, including restitution plan hearings, crime
victim compensation, and the identity theft passport program. (Formerly SSB 3055.)
Mar. 01 Subcommittee, Baltimore, Massie, and R. Olson. H.J. 406.
12
Sponsored by Judiciary.
Senate File 2090 SUPPORT
A bill for an act imposing a duty of reasonable assistance on a person present at
the scene of an emergency or accident.
Feb. 20 Committee report, recommending passage. S.J. 294.
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Sponsored by McCoy.
Senate File 2049 SUPPORT
A bill for an act providing an exemption from the computation of the state individual
income tax of all pay, including retirement pay, received from the federal
government for military service and including retroactive applicability provisions.
Jan. 30 Subcommittee, Bolkcom, Quirmbach, and Smith. S.J. 136.
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Sponsored by Ernst.
Senate File 2015 SUPPORT
A bill for an act providing volunteer fire fighters and emergency medical services
personnel with an individual income tax credit and including related appropriations
from the taxpayers trust fund, and including applicability provisions.
Jan. 18 Subcommittee, Bolkcom, Dotzler, and Feenstra. S.J. 85.
12
7
Sponsored by Hancock.
Senate File 2011 SUPPORT
A bill for an act relating to the membership of the statewide interoperable
communications system board.
Mar. 01 Subcommittee, Hein, Jorgensen, and Mascher. H.J. 405.
12
Sponsored by Hancock.
Senate File 2003 OPPOSE
a bill for an act providing for the use of flashing white lights on motor vehicles
owned by certain on-call health care professionals, and making a penalty
applicable.
Feb. 27 Committee report, without recommendation. S.J. 372.
12
Sponsored by Schoenjahn.
Senate File 462 SUPPORT
A bill for an act making certain synthetic cannabinoids schedule I controlled
substances, providing penalties, and including effective date provisions. (Formerly
SSB 1055.)
* * * * * END OF 2011 ACTIONS * * * * *
Sponsored by Judiciary.
Senate File 413 MONITOR
A bill for an act relating to financial responsibilities of local emergency management
commissions. (Formerly SSB 1156.)
Feb. 15 Amendment H-8023 filed. H.J. 281.
12
Sponsored by State Government.
Senate File 365 MONITOR
A bill for an act relating to the placement of a juvenile on youthful offender status in
district court. (Formerly SSB 1043.)
* * * * * END OF 2011 ACTIONS * * * * *
Sponsored by Judiciary.
Senate File 155 MONITOR
A bill for an act relating to procedural requirements in in rem forfeiture proceedings.
(Formerly SSB 1014.)
Feb. 01 Committee report, recommending passage. H.J. 185.
12
Sponsored by Judiciary.
Senate Study Bill 3143 SUPPORT
A study bill for an act relating to appropriations to the justice system. 02/08/12
Fraise, Dvorsky, Seymour
LSB
Senate Study Bill 3143
5108XG
8
House File 2433
A bill for an act relating to state agency decision making. (Formerly HF 2257)
Mar. 01 Introduced, placed on calendar. H.J. 405.
12
Sponsored by State Government.
House File 2429
A bill for an act relating to identity theft, providing penalties, and making penalties
applicable. (Formerly HSB 638)
Mar. 01 Introduced, placed on calendar. H.J. 402.
12
Sponsored by Judiciary.
House File 2422
A bill for an act relating to sex offender notification, providing penalties, and
including effective date provisions. (Formerly HSB 551)
Mar. 01 Introduced, placed on calendar. H.J. 401.
12
Sponsored by Human Resources.
House File 2421
A bill for an act relating to persons with mental health illnesses and substancerelated disorders. (Formerly HSB 623)
Mar. 01 Introduced, placed on calendar. H.J. 401.
12
Sponsored by Human Resources.
House File 2413
A bill for an act relating to the sealing of certain criminal records and including
effective date and retroactive applicability provisions.
Feb. 29 Introduced, referred to Judiciary. H.J. 379.
12
Sponsored by Abdul-Samad and Gaines.
House File 2399
A bill for an act relating to scrap metal transactions, prohibiting certain sales, and
providing penalties. (Formerly HSB 603)
Feb. 28 Introduced, placed on calendar. H.J. 347.
12
Sponsored by Public Safety.
House File 2398
A bill for an act classifying certain substances as schedule I controlled substances,
making penalties applicable, and including effective date provisions. (Formerly HSB
609)
Feb. 28 Introduced, placed on calendar. H.J. 346.
12
Sponsored by Public Safety.
9
House File 2397 SUPPORT
A bill for an act relating to horses and dogs engaged in police service by providing
for acts involving injury or interference, and providing for penalties. (Formerly HSB
570)
Feb. 28 Introduced, placed on calendar. H.J. 346.
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Sponsored by Public Safety.
House File 2390
A bill for an act relating to obscene material, commercial sexual activity, and human
trafficking, and providing penalties and making penalties applicable. (Formerly HSB
525)
Feb. 28 Introduced, placed on calendar. H.J. 345.
12
Sponsored by Judiciary.
House File 2379
A bill for an act relating to expunging certain criminal records. (Formerly HF 2157)
Feb. 27 Introduced, placed on calendar. H.J. 337.
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Sponsored by Judiciary.
House File 2361 OPPOSE
A bill for an act relating to state preemption of firearms, firearm accessories, and
ammunition regulation by political subdivisions, and including penalties and
remedies and applicability provisions. (Formerly HF 2114)
Feb. 29 Amendment H-8075 filed. H.J. 399.
12
Sponsored by Public Safety.
House File 2350
A bill for an act relating to the possession of certain substances with the intent to
manufacture a controlled substance, and providing a penalty. (Formerly HF 2252)
Feb. 29 Fiscal note. HCS.
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Sponsored by Public Safety.
House File 2335 – HAS LEA AND PUBLIC SAFETY BUDGETS
A bill for an act relating to appropriations to the justice system, and providing
effective dates.
Mar. 01 Subcommittee, Hancock, Dvorsky, and Seymour. S.J. 425.
12
Sponsored by Appropriations.
House File 2331
A bill for an act relating to the issuance of a search warrant to authorize the
placement, tracking, and monitoring of a global positioning device. (Formerly HF
2037)
10
Feb. 20 Introduced, placed on calendar. H.J. 301.
12
Sponsored by Judiciary.
House File 2330
A bill for an act to allow a person with a special minor's license to drive to and from
school and school activities along a route that begins or ends at the home of either
parent. (Formerly HF 2016)
Feb. 23 Amendment H-8029 filed. H.J. 330.
12
Sponsored by Transportation.
House File 2316
A bill for an act prohibiting certain credits for time served while on probation, and
including effective date provisions. (Formerly HSB 512)
Feb. 29 Amendment H-8073 filed. H.J. 399.
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Sponsored by Judiciary.
House File 2308
A bill for an act relating to the modification of a temporary no-contact order.
(Formerly HF 2139)
Feb. 15 Introduced, placed on calendar. H.J. 272.
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Sponsored by Judiciary.
House File 2274 PROPERTY TAX BILL MONITOR
A bill for an act relating to property taxation and local government budgets by
increasing the regular program foundation base percentage, establishing a property
tax exemption for certain commercial and industrial property, establishing and
modifying property assessment limitations, providing for certain property tax
replacement payments, modifying the assessment and taxation of
telecommunications company property, establishing budget limitations for counties
and cities, eliminating certain reporting requirements, making appropriations, and
including effective date and applicability provisions. (Formerly HSB 519)
Feb. 20 Subcommittee, Bolkcom, Feenstra, and Quirmbach. S.J. 284.
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Sponsored by Ways & Means.
House File 2228 SUPPORT
A bill for an act relating to requirements for a motor vehicle operator to have control
of the vehicle at all times and to reduce speed in specific situations. (Formerly HSB
526)
Feb. 06 Introduced, placed on calendar. H.J. 208.
12
Sponsored by Public Safety.
House File 2215 OPPOSE
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A bill for an act relating to the justifiable use of reasonable force and providing a
remedy. (Formerly HF 573) (Formerly HF 7)
Mar. 01 Read first time, referred to Judiciary. S.J. 422.
12
Sponsored by Public Safety.
House File 2214 OPPOSE
A bill for an act prohibiting the use of automated traffic law enforcement systems,
and including effective date provisions. (Formerly HF 2048)
Feb. 09 Fiscal note. HCS.
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Sponsored by Transportation.
House File 2168 SUPPORT
A bill for an act relating to the authorized deposit of public funds. (Formerly HSB
535)
Feb. 27 Amendment S-5024 filed. S.J. 373.
12
Sponsored by Commerce.
House File 2147 OPPOSE
A bill for an act relating to the carrying of weapons on school grounds by licensed
private investigators and licensed private security officers. (Formerly HF 520)
(Formerly HF 122)
Jan. 27 Introduced, placed on calendar. H.J. 157.
12
Sponsored by Public Safety.
House File 2043 SUPPORT
A bill for an act relating to the implementation of federal statute, regulation, or policy
by state administrative agencies. (Formerly HSB 504)
Feb. 20 Fiscal note. HCS.
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Sponsored by Economic Growth/Rebuild Iowa.
House File 549 OPPOSE
A bill for an act relating to the use of automated traffic enforcement systems.
(Formerly HSB 93)
* * * * * END OF 2011 ACTIONS * * * * *
Sponsored by Transportation.
House File 398 SUPPORT
A bill for an act modifying the criminal offense of interference with official acts.
(Formerly HSB 69)
Feb. 28 Fiscal note. HCS.
12
Sponsored by Public Safety.
House File 183 SUPPORT
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A bill for an act relating to the control of marijuana, including an effective date
provision, and providing a penalty. (Formerly HSB 4)
Feb. 06 Committee report, recommending passage. H.J. 212.
12
Sponsored by Public Safety.
House Joint Resolution 2009 MONITOR
A joint resolution proposing an amendment to the Constitution of the State of Iowa
relating to an individual's right to acquire, keep, possess, transport, carry, transfer,
and use arms. (Formerly HJR 2005)
Mar. 01 Read first time, referred to Judiciary. S.J. 422.
12
Sponsored by Public Safety.
House Joint Resolution 2006 MONITOR
A joint resolution proposing amendments to the Constitution of the State of Iowa
relating to state budgeting by creating a state general fund expenditure limitation,
providing for a taxpayers relief fund, requiring authorization for certain bonds, and
restricting certain state revenue changes.
Feb. 15 Subcommittee, Rogers, T. Olson, and Wagner. H.J. 278.
12
Sponsored by Paulsen, Upmeyer, Alons, Anderson, Arnold, Baltimore, Baudler,
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