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FIFTY-EIGHTH CALENDAR DAY
THIRTY-FIFTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Tuesday, March 7, 1995
The Senate met in regular session at 9:01 a.m., President Boswell
presiding.
Prayer was offered by the Reverend Rose Marie Lewis, pastor of the
St. Johns Lutheran Church, Mitchell County, Iowa.
The Journal of Monday, March 6, 1995, was approved.
INTRODUCTION OF BILLS
Senate File 253, by Bartz, a bill for an act relating to motor
vehicle accident reports.
Read first time and passed on file.
Senate File 254, by Zieman, Rittmer, Borlaug, Sorensen, Freeman,
Bartz, Priebe, and McKean, a bill for an act providing that the sheriff
may charge for room and board provided to county prisoners and providing
for the creation and filing of a room and board reimbursement lien.
Read first time and passed on file.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 46 present, 4 absent and a quorum present.
The Senate stood at ease at 9:16 a.m. until the fall of the gavel
for the purpose of party caucuses.
The Senate resumed session at 10:40 a.m., President Boswell
presiding.
INTRODUCTION OF BILLS
Senate File 255, by committee on Agriculture, a bill for an act
relating to the administration of the department of agriculture and land
stewardship, providing for moneys previously appropriated to the
department, and providing an effective date.
Read first time and placed on calendar.
Senate File 256, by committee on Agriculture, a bill for an act
providing for notification of the application of pesticides.
Read first time and placed on calendar.
APPENDIX
REPORTS OF COMMITTEE MEETINGS
SENATE APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION
Convened: March 6, 1995, 3:50 p.m.
Members Present: Judge, Chair; Sorensen, Vice Chair and Bartz, Ranking
Member.
Members Absent: Horn and Lundby (both excused).
Committee Business: Discussed budget.
Adjourned: 5:25 p.m.
SENATE APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES
Convened: March 6, 1995, 3:40 p.m.
Members Present: Black, Chair; Priebe, Vice Chair; Banks, Ranking
Member; Bennett and Gettings.
Members Absent: none.
Committee Business: Reviewed appropriations bill.
Adjourned: 5:00 p.m.
SENATE APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS
Convened: March 6, 1995, 3:40 p.m.
Members Present: Flynn, Chair; Giannetto, Vice Chair; Rensink, Ranking
Member; Boettger and Dearden.
Members Absent: none.
Committee Business: Presentation by the Legislative Fiscal Bureau on the
health and human rights appropriations general fund appropriations, and
the proposed House appropriations subcommittee on health and human
rights bill.
Adjourned: 4:20 p.m.
SENATE APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES
Convened: March 6, 1995, 4:02 p.m.
Members Present: Hammond, Chair; Szymoniak, Vice Chair; Tinsman, Ranking
Member and Rittmer.
Members Absent: Deluhery.
Committee Business: Discussed proposed budget bill (LSB 1988).
Adjourned: 5:10 p.m.
AGRICULTURE
Convened: March 6, 1995, 2:15 p.m.
Members Present: Priebe, Chair; Judge, Vice Chair; Bartz, Ranking
Member; Banks, Black, Boswell, Douglas, Fraise, Giannetto, Hedge, Husak,
McLaren, Palmer, Sorensen and Zieman.
Members Absent: none.
Committee Business: Approved LSBs 2344 and 1955 as committee bills.
Adjourned: 2:19 p.m.
JUDICIARY
Convened: March 6, 1995, 2:35 p.m.
Members Present: Giannetto, Chair; Vilsack, Vice Chair; McKean, Ranking
Member; Bartz, Bisignano, Boettger, Drake, Fraise, Halvorson, Hammond,
Maddox, Neuhauser, Redfern and Szymoniak.
Members Absent: Hansen (excused).
Committee Business: Approved SSBs 120 and 189 as committee bills.
Adjourned: 3:05 p.m.
STUDY BILLS RECEIVED
SSB 235
State Government
Authorizing governmental units to enter into guaranteed energy cost
savings contacts.
SSB 236
Education
Establishing an environmental education program in the state of
Iowa and making an appropriation.
SSB 237
Education
Relating to the establishment of an education technology purchasing
pool, an education technology loan program, and providing intent
language relating to a mobile unit to instruct elementary and secondary
teachers in education technology.
SSB 238
Education
Relating to state aid to school districts by eliminating the
provision that limits the state aid appropriation for the instructional
support program and appropriating additional state aid to school
districts based upon the number of at-risk pupils enrolled in the school
district and based upon the school districts transportation costs per
pupil, and providing effective and applicability date provisions.
SSB 239
Education
Extending the periods in which a school or school district may
apply to the department of education to waive the requirement that the
school or school district provide an articulated sequential
elementary-secondary guidance program and the requirement that the
school or school district provide a media services program.
SSB 240
Education
Relating to child development assistance.
SSB 241
Appropriations
Relating to the funding of, operation of, and appropriation of
moneys to agencies, institutions, commissions, departments, and boards
responsible for education and cultural programs of this state, and
providing an effective date.
SSB 242
Judiciary
Establishing economic and other penalties for certain criminal
activity.
SSB 243
Judiciary
Relating to the possession or use of alcohol while operating a
motor vehicle by requiring the administrative revocation of driving
privileges of persons under the age of twenty-one who operate a motor
vehicle with an alcohol concentration of .02 or more, denying issuance
of temporary restricted licenses during the period of revocation,
including the revocation under implied consent provisions, providing for
civil penalties, excluding the revocation from application of certain
motor vehicle financial responsibility requirements, providing for
minimum periods of license revocation, providing a scheduled fine for
possession of an open alcohol container while operating a motor vehicle,
and other related matters.
SSB 244
Judiciary
Relating to establishing a presumption against joint custody in
marriage dissolution proceedings where a finding of domestic abuse is
made by the court.
SSB 245
Judiciary
Relating to prohibiting a polygraph examination of a victim of
sexual abuse as a precondition to an investigation by a law enforcement
agency.
SSB 246
Judiciary
Relating to domestic abuse by requiring a mandatory six-month jail
sentence for third or subsequent offense domestic abuse assaults and for
domestic abusers who are resistive or disruptive to batterers treatment
programs, and authorizing the setoff of claims owed to person by a
judicial district department of correctional services.
SSB 247
Judiciary
Relating to limited liability companies.
SSB 248
Judiciary
Relating to juvenile justice, including providing that certain
identifying information regarding juveniles involved in delinquent acts
is a public record, exempting certain offenses from the jurisdiction of
the juvenile court, eliminating the notice required for students before
certain locker searches, adding custody and adjudication information
regarding juveniles to state criminal history files, establishing a
juvenile justice task force, and enhancing or establishing penalties.
SSB 249
Judiciary
Prohibiting the release of certain forcible felons on parole or
work release, and limiting the reduction of sentence for certain
forcible felons based upon good conduct.
SSB 250
Judiciary
Relating to creating the offense of disarming a police officer and
establishing penalties.
SSB 251
Judiciary
Prohibiting an insurance company or agent from marketing or selling
insurance coverage which involves no risk to the insured person and
making penalties applicable.
SSB 252
Judiciary
Creating a statewide protective order registry.
SSB 253
Judiciary
Relating to procedures regulating reproductive technologies and
surrogacy arrangements.
SSB 254
Local Government
To increase the fee for the transfer of property in county transfer
records.
SSB 255
Local Government
Relating to the tax levy for cemeteries not owned by the township.
SSB 256
Transportation
Relating to tinted windows and making a penalty applicable.
SSB 257
Commerce
Relating to modification of electric service areas for city owned
and operated electric utilities due to annexation.
SSB 258
Commerce
Relating to patient access to health care providers authorized to
utilize differential diagnosis and physical examinations to determine
human ailments.
SSB 259
Commerce
Relating to the regulation of cemetery operators and the regulation
of perpetual care cemeteries and nonperpetual care cemeteries,
establishing fees and use of those fees, and providing penalties.
SSB 260
Education
Relating to school finances by establishing a formula for
determining the state percent of growth for purposes of the state school
foundation program, increasing the regular program district cost
guarantee for the school budget year commencing July 1, 1995, making an
appropriation, and by transferring Iowa educational excellence program
phase III moneys to phase II and providing effective and applicability
date provisions.
SSB 261
Commerce
Relating to the payment of patronage dividends by cooperative
associations which are public utilities.
SUBCOMMITTEE ASSIGNMENTS
Senate Concurrent Resolution 18
APPROPRIATIONS: Boswell, Chair; Judge and Lind
Senate Joint Resolution 14
STATE GOVERNMENT: Gronstal, Chair; Halvorson and Lundby
Senate Joint Resolution 15
STATE GOVERNMENT: Gronstal, Chair; Drake and Sorensen
Senate File 143
WAYS AND MEANS: Priebe, Chair; Freeman and Murphy
Senate File 144
WAYS AND MEANS: Priebe, Chair; Husak and McLaren
Senate File 172
APPROPRIATIONS: Murphy, Chair; Kibbie and Kramer
Senate File 182
EDUCATION: Kibbie, Chair; Fink and Rensink
Senate File 200
NATURAL RESOURCES, ENVIRONMENT AND ENERGY: Kibbie, Chair; Freeman,
Judge, Lundby and Priebe
Senate File 209
WAYS AND MEANS: Murphy, Chair; Bennett, Connolly, Drake and Neuhauser
Senate File 211
JUDICIARY: Boettger, Chair; Bisignano, Drake, Giannetto and Vilsack
Senate File 217
STATE GOVERNMENT: Kibbie, Chair; Gronstal, Halvorson, Lundby and Rittmer
Senate File 219
WAYS AND MEANS: Priebe, Chair; Connolly and Drake
Senate File 220
LOCAL GOVERNMENT: Sorensen, Chair; Judge and Rittmer
Senate File 222
JUDICIARY: Vilsack, Chair; Bartz, Drake, Fraise and Giannetto
Senate File 235
JUDICIARY: Vilsack, Chair; Drake, Fraise, Giannetto and Maddox
Senate File 238
STATE GOVERNMENT: Gronstal, Chair; Dearden, Drake, Kibbie and Rittmer
Senate File 239
JUDICIARY: Vilsack, Chair; Bartz, Giannetto, Hansen and Maddox
Senate File 240
JUDICIARY: Fraise, Chair; Drake, Giannetto, McKean and Neuhauser
Senate File 241
JUDICIARY: Maddox, Chair; Fraise, Giannetto, McKean and Vilsack
Senate File 242
JUDICIARY: Hansen, Chair; Bartz, Giannetto, Redfern and Vilsack
Senate File 243
TRANSPORTATION: Rittmer, Chair; Black and Gettings
Senate File 244
HUMAN RESOURCES: Szymoniak, Chair; Hammond and Tinsman
Senate File 245
COMMERCE: Husak, Chair; Douglas and Flynn
Senate File 246
STATE GOVERNMENT: Connolly, Chair; Kibbie and Lind
Senate File 250
STATE GOVERNMENT: Connolly, Chair; Kibbie and Lind
Senate File 251
STATE GOVERNMENT: Bisignano, Chair; Fink and Lind
SSB 208
EDUCATION: Hammond, Chair; Deluhery and Redfern
SSB 230
STATE GOVERNMENT: Kibbie, Chair; Gronstal, Halvorson, Lundby and Rittmer
SSB 231
STATE GOVERNMENT: Gronstal, Chair; Halvorson and Lundby
SSB 232
STATE GOVERNMENT: Giannetto, Chair; Connolly, and Drake
SSB 233
HUMAN RESOURCES: Neuhauser, Chair; Bartz and Vilsack
SSB 234
STATE GOVERNMENT: Gronstal, Chair; Drake and Sorensen
SSB 235
STATE GOVERNMENT: Fink, Chair; Gronstal and Lundby
SSB 236
EDUCATION: Fink, Chair; Connolly and Redfern
SSB 237
EDUCATION: Dvorsky, Chair; Connolly and Redfern
SSB 238
EDUCATION: Connolly, Chair; Lind and Murphy
SSB 239
EDUCATION: Murphy, Chair; Deluhery and Rensink
SSB 240
EDUCATION: Neuhauser, Chair; Connolly, Hammond, Kramer and Redfern
SSB 241
APPROPRIATIONS: Kibbie, Chair; Dvorsky, Kramer, Lind and Murphy
SSB 242
JUDICIARY: Giannetto, Chair; Fraise, McKean, Redfern and Vilsack
SSB 243
JUDICIARY: McKean, Chair; Fraise, Giannetto, Halvorson and Vilsack
SSB 244
JUDICIARY: Neuhauser, Chair; Bartz, Hammond, Maddox and Vilsack
SSB 245
JUDICIARY: Hammond, Chair; Boettger, Drake, Giannetto and Vilsack
SSB 246
JUDICIARY: Szymoniak, Chair; Bartz, Giannetto, Hammond and Maddox
SSB 247
JUDICIARY: Bartz, Chair; Giannetto, Neuhauser, Redfern and Vilsack
SSB 248
JUDICIARY: Bisignano, Chair; Bartz, Giannetto, Maddox and Vilsack
SSB 249
JUDICIARY: Giannetto, Chair; Fraise, Maddox, McKean and Vilsack
SSB 250
JUDICIARY: Fraise, Chair; Boettger, Giannetto, Redfern and Vilsack
SSB 251
JUDICIARY: Vilsack, Chair; Boettger, Fraise, Giannetto and Maddox
SSB 252
JUDICIARY: Szymoniak, Chair; Bartz, Boettger, Hammond and Neuhauser
SSB 253
JUDICIARY: Hammond, Chair; Bartz, Boettger, Giannetto and Neuhauser
SSB 254
LOCAL GOVERNMENT: Halvorson, Chair; Black and Maddox
SSB 255
LOCAL GOVERNMENT: Sorensen, Chair; Judge and Rittmer
SSB 256
TRANSPORTATION: Lind, Chair; Dearden and Gettings
SSB 257
COMMERCE: Flynn, Chair; Douglas and Husak
SSB 258
COMMERCE: Gronstal, Chair; Bisignano, Freeman, Hansen, Jensen, Palmer
and Redfern
SSB 259
COMMERCE: Hansen, Chair; Deluhery and Hedge
SSB 260
EDUCATION: Connolly, Chair; Kibbie and Redfern
SSB 261
COMMERCE: Deluhery, Chair; Douglas and Priebe
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.F. 252 Transportation
S.F. 253 Transportation
S.F. 254 Judiciary
COMMITTEE REPORTS
AGRICULTURE
Final Bill Action: SENATE FILE 255 (LSB 1955), a bill for an act
relating to the administration of the department of agriculture and land
stewardship, providing for moneys previously appropriated to the
department, and providing an effective date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 15: Priebe, Judge, Bartz, Banks, Black, Boswell,
Douglas, Fraise, Giannetto, Hedge, Husak, McLaren, Palmer, Sorensen and
Zieman. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 256 (LSB 2344), a bill for an act
providing for notification of pesticides.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 15: Priebe, Judge, Bartz, Banks, Black, Boswell,
Douglas, Fraise, Giannetto, Hedge, Husak, McLaren, Palmer, Sorensen and
Zieman. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
APPROPRIATIONS
Final Bill Action: *SENATE FILE 266 (SSB 241), a bill for an act
relating to the funding of, operation of, and appropriation of moneys to
agencies, institutions, commissions, departments, and boards responsible
for education and cultural programs of this state, and providing an
effective date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 15: Murphy, Boswell, Bisignano, Black, Dvorsky, Flynn,
Fraise, Gronstal, Halvorson, Hammond, Husak, Judge, Kibbie, Neuhauser
and Vilsack. Nays, 8: Lind, Borlaug, Douglas, Iverson, Kramer, McLaren,
Rensink and Tinsman. Absent or not voting, 2: Banks and Bartz.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
*Pursuant to Senate Rule 40, the Legislative Service Bureau
reported nonsubstantive changes to the members of the Appropriations
Committee on Senate File 266 and they were attached to the committee
report.
EDUCATION
Final Bill Action: SENATE JOINT RESOLUTION 13, a joint resolution
proposing an amendment to the Constitution of the State of Iowa
abolishing the perpetual school support fund.
Recommendation: DO PASS.
Final Vote: Ayes, 13: Connolly, Kibbie, Redfern, Deluhery, Dvorsky,
Fink, Hammond, Iverson, Murphy, Neuhauser, Rensink, Szymoniak and
Tinsman. Nays, 2: Kramer and Lind.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
HUMAN RESOURCES
Final Bill Action: SENATE FILE 263 (SSB 184), a bill for an act
requiring licensure of hospice programs and providing a penalty.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 10: Szymoniak, Hammond, Boettger, Bartz, Dvorksy,
Hansen, Kramer, Neuhauser, Tinsman and Vilsack. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: *SENATE FILE 264 (SSB 48), a bill for an act
requiring protective headgear for bicyclists and creating a penalty.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 7: Szymoniak, Hammond, Boettger, Dvorksy, Kramer,
Neuhauser and Tinsman. Nays, 3: Bartz, Hansen and Vilsack.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
*Pursuant to Senate Rule 40, the Legislative Service Bureau
reported nonsubstantive changes to the members of the Human Resources
Committee on Senate File 264 and they were attached to the committee
report.
JUDICIARY
Final Bill Action: SENATE FILE 257 (SSB 189), a bill for an act relating
to public access to court records and providing for the Acts
applicability.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 8: Giannetto, Vilsack, Bisignano, Fraise, Halvorson,
Hammond, Neuhauser and Szymoniak. Nays, 6: McKean, Bartz, Boettger,
Drake, Maddox and Redfern. Absent or not voting, 1: Hansen.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 258 (SSB 120), a bill for an act relating
to the adoption of uniform fees to be charged an attorney for duplicate
health care provider records.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 10: Giannetto, Vilsack, Bartz, Bisignano, Drake,
Fraise, Halvorson, Hammond, Neuhauser and Szymoniak. Nays, 4: McKean,
Boettger, Maddox and Redfern. Absent or not voting, 1: Hansen.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
LOCAL GOVERNMENT
Final Bill Action: SENATE FILE 194, a bill for an act relating to the
use of a perpetual care and maintenance guarantee fund.
Recommendation: DO PASS.
Final Vote: Ayes, 8: Sorensen, Fink, Maddox, Black, Fraise, Halvorson,
Judge and Zieman. Nays, 2: McKean and Rittmer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
STATE GOVERNMENT
Final Bill Action: SENATE FILE 259 (SSB 102), a bill for an act relating
to the practice of mortuary science, cremation, and licensing of funeral
establishments and providing penalties.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 12: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
Dearden, Fink, Giannetto, Halvorson, Lind, Lundby and Sorensen. Nays,
none. Absent or not voting, 3: Connolly, Drake and McLaren.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 260 (SSB 152), a bill for an act relating
to the certification of plumbers and heat, ventilation, and air
conditioning professionals, and establishing fees and penalties, and
providing for the use of such fees.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 9: Gronstal, Kibbie, Bisignano, Dearden, Fink,
Giannetto, Halvorson, Lundby and Sorensen. Nays, 3: Rittmer, Bennett and
Lind. Absent or not voting, 3: Connolly, Drake and McLaren.
Fiscal Note: REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 261 (SSB 170), a bill for an act relating
to cost of play and value of prizes of games of skill and games of
chance conducted at amusement concessions.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 10: Gronstal, Kibbie, Rittmer, Bisignano, Dearden,
Fink, Giannetto, Lind, Lundby and Sorensen. Nays, 2: Bennett and
Halvorson. Absent or not voting, 3: Connolly, Drake and McLaren.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
INTRODUCTION OF BILLS
Senate File 257, by committee on Judiciary, a bill for an act
relating to public access to court records and providing for the Acts
applicability.
Read first time under Rule 28 and placed on calendar.
Senate File 258, by committee on Judiciary, a bill for an act
relating to the adoption of uniform fees to be charged an attorney for
duplicate health care provider records.
Read first time under Rule 28 and placed on calendar.
Senate File 259, by committee on State Government, a bill for an
act relating to the practice of mortuary science, cremation, and
licensing of funeral establishments and providing penalties.
Read first time under Rule 28 and placed on calendar.
Senate File 260, by committee on State Government, a bill for an
act relating to the certification of plumbers and heat, ventilation, and
air conditioning professionals, and establishing fees and penalties, and
providing for the use of such fees.
Read first time under Rule 28 and placed on calendar.
Senate File 261, by committee on State Government, a bill for an
act relating to cost of play and value of prizes of games of skill and
games of chance conducted at amusement concessions.
Read first time under Rule 28 and placed on calendar.
Senate File 262, by Boswell, a bill for an act relating to
establishing county economic development entities and providing tax
credits.
Read first time under Rule 28 and assigned to the committee on
Small Business, Economic Development, and Tourism
Senate File 263, by committee on Human Resources, a bill for an
act requiring licensure of hospice programs and providing a penalty.
Read first time under Rule 28 and placed on calendar.
Senate File 264, by committee on Human Resources, a bill for an
act requiring protective headgear for bicyclists, creating a bicycle
safety fund, providing an effective date, and creating a penalty.
Read first time under Rule 28 and placed on calendar.
Senate File 265, by Gronstal, Deluhery, Lundby, and Redfern, a bill
for an act relating to the electricity purchase or wheeling
requirements for alternate energy production and small hydro facilities
and providing an effective date.
Read first time under Rule 28 and passed on file.
Senate File 266, by committee on Appropriations, a bill for an act
relating to the funding of, operation of, and appropriation of moneys to
agencies, institutions, commissions, departments, and boards responsible
for education and cultural programs of this state, and providing an
effective date.
Read first time under Rule 28 and placed on Appropriations
Calendar.
AMENDMENTS FILED
S-3100 S.F. 233 Mike Connolly
Richard F. Drake
S-3101 S.F. 140 Steven D. Hansen
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 10:42 a.m.,
until 9:00 a.m. , Wednesday, March 8, 1995.
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Iowa General Assembly
Index: Senate Journal (76th General Assembly: Session 1)
© 1995 Cornell College and League of Women Voters of Iowa
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