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FIFTY-SECOND CALENDAR DAY THIRTY-FIRST SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, March 5, 1997 The Senate met in regular session at 9:16 a.m., President pro tempore Redfern presiding. Prayer was offered by the Honorable Allen Borlaug, member of the Senate from Chickasaw County, Protivin, Iowa. SPECIAL GUEST Senator McLaren presented Vice Minister Wan BouwRay of the Chinese Ministry of Agriculture. Vice Minister Wan is the highest ranking Chinese agricultural official to make a public appearance in the State of Iowa. The Vice Minister brought with him several Deputy Directors and other personnel from his ministry to assist him in his research into the U.S. marketing system and the organization and operation of our cooperative system. The Vice Minister addressed the Senate through an interpreter with brief remarks about the partnership between China and the U.S. He expressed his gratitude for the warm hospitality received from Iowa and its people and his wish that the cooperative partnership between the two countries continues to grow. Senator McLaren presented Vice Minister BouwRay with a friendship gift of a walnut box bearing the image of the State Capitol on the lid. Vice Minister BouwRay presented the Senate with a decorative Chinese brocade table cover. The Journal of Tuesday, March 4, 1997, was approved. 488 JOURNAL OF THE SENATE 52nd Day HOUSE MESSAGE RECEIVED AND CONSIDERED The following message was received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on March 4, 1997, passed the following bill in which the concurrence of the Senate is asked: House File 388, a bill for an act reducing the state individual income tax rates by fifteen percent and including an effective date provision. This bill was read first time and passed on file. INTRODUCTION OF BILL Senate File 298, by Angelo, a bill for an act providing for the amount of a surety bond required to be executed by a treasurer of an extension council. Read first time and passed on file. RECESS On motion of Senator Iverson, the Senate recessed at 9:41 a.m., until 1:00 p.m. 52nd Day WEDNESDAY, MARCH 5, 1997 489 APPENDIX CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Matt Anderson, Shenandoah ( For winning the State high school wrestling tournament Class 2-A championship at 140 lbs. Senator Angelo (3-1-97). Justin Riddle, Clarinda ( For winning the State high school wrestling tournament Class 2-A championship at 103 lbs. Senator Angelo (3-1-97). Alison Henderson, Council Bluffs ( For being a winner in the "Write Women Back into History" contest. Senator Gronstal (3-3-97). Matt McLaren, Farragut ( For being elected vice president of the student body at Iowa State University. Senator McLaren (3-4-97). Amanda Pierce, Atlantic ( For winning 1st place in the individual regional MATHCOUNTS competition. Senator McLaren (3-6-97). Scott Eddy, Independence ( For winning the State high school wrestling tournament heavyweight division. Senator Rehberg (3-1-97). REPORTS OF COMMITTEE MEETINGS AGRICULTURE Convened: March 4, 1997, 8:02 a.m. Members Present: Rensink, Chair; Judge, Ranking Member; Angelo, Bartz, Behn, D. Black, Fraise, Gettings, Hedge, Kibbie, Rehberg, Rife, Vilsack and Zieman. Members Absent: J. Black, Vice Chair (excused). Committee Business: Approved SSB 175 and Senate File 243 as committee bills. Adjourned: 8:25 a.m. COMMERCE Convened: March 4, 1997, 11:10 a.m. Members Present: Jensen, Chair; Schuerer, Vice Chair; Deluhery, Ranking Member; Douglas, Flynn, Gronstal, Hansen, King, Maddox, McCoy, Palmer, Redfern and Rife. Members Absent: Bartz and Lundby (both excused). 490 JOURNAL OF THE SENATE 52nd Day Committee Business: Approved SSBs 49, 51 and 104 as committee bills; placed governor's appointees on individual confirmation calendar with recommendation for confirmation. Adjourned: 11:34 a.m. EDUCATION Convened: March 4, 1997, 10:38 a.m. Members Present: Redfern, Chair; Rehberg, Vice Chair; Connolly, Ranking Member; Angelo, Boettger, Dvorsky, Kibbie, Lind, Neuhauser, Redwine, Rensink and Tinsman. Members Absent: J. Black, Fink and Szymoniak (all excused). Committee Business: Recommended passage of House File 92 as amended; amended and approved SSB 32 as a committee bill; approved SSB 31 as a committee bill. Adjourned: 10:52 a.m. HUMAN RESOURCES Convened: March 4, 1997, 2:24 p.m. Members Present: Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking Member; Bartz, Behn, J. Black, Dearden, Dvorsky, Hammond, Rensink, Schuerer, Tinsman and Vilsack. Members Absent: none. Committee Business: Recommended passage of Senate File 153 as amended and approved SSB 186 as a committee bill. Adjourned: 3:16 p.m. LOCAL GOVERNMENT Convened: March 4, 1997, 1:18 p.m. Members Present: Zieman, Chair; Behn, Vice Chair; Fraise, Ranking Member; Angelo, D. Black, J. Black, Boettger, Connolly, Dearden, Hansen, McKean, Redwine and Rehberg. Members Absent: none. Committee Business: Recommended passage of House File 373 and Senate File 165; approved SSBs 81, 82 and 84 as committee bills. Adjourned: 2:10 p.m. 52nd Day WEDNESDAY, MARCH 5, 1997 491 STATE GOVERNMENT Convened: March 4, 1997, 1:25 p.m. Members Present: Lind, Chair; Rittmer, Vice Chair; Kibbie, Ranking Member; Deluhery, Gronstal, Halvorson, King, McKibben, McLaren, Szymoniak and Tinsman. Members Absent: Drake, Fink (excused), Lundby (excused) and Rife. Committee Business: Approved SSB 173 as a committee bill. Adjourned: 1:43 p.m. TRANSPORTATION Convened: March 4, 1997, 2:35 p.m. Members Present: Drake, Chair; Borlaug, Vice Chair; McCoy, Ranking Member; Connolly, Fraise, Freeman, Gettings, Halvorson, Jensen, Lind, McKean, McKibben and Rittmer. Members Absent: none. Committee Business: Assigned bill to subcommittee; presentation by the director and members of the DOT on future plans and goals of various programs. Adjourned: 3:35 p.m. EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate chamber on March 4, 1997, when the votes were taken on the following bills. Had I been present, I would have voted "aye'' on the bills: Senate Files 83, 176, 184, 214, 219, 222, 233, 229, 231, 235, 238, Senate Concurrent Resolution 5 and House Concurrent Resolution 7. BILL FINK COMMITTEE REPORTS AGRICULTURE Final Bill Action: *SENATE FILE 299 (SSB 174), a bill for an act relating to cooperative associations by providing for operations and procedures of the associations. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Rensink, J. Black, Judge, Angelo, Bartz, Behn, D. Black, Fraise, Hedge, Kibbie, Rehberg, Rife, Vilsack and Zieman. Nays, none. Absent or not voting, 1: Gettings. 492 JOURNAL OF THE SENATE 52nd Day 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 Agriculture Committee on Senate File 299 and they were attached to the committee report. EDUCATION Final Bill Action: *SENATE FILE 301 (SSB 32), a bill for an act increasing the exceptions to the registration requirements for postsecondary schools. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Redfern, Rehberg, Connolly, Angelo, Boettger, Dvorsky, Kibbie, Lind, Neuhauser, Redwine, Rensink and Tinsman. Nays, none. Absent or not voting, 3: J. Black, Fink and Szymoniak. 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 Education Committee on Senate File 301 and they were attached to the committee report. HUMAN RESOURCES Final Bill Action: SENATE FILE 300 (SSB 186), a bill for an act relating to the prohibited sale of home testing kits for the human immunodeficiency virus. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Boettger, Redwine,; Szymoniak, Bartz, Behn, J. Black, Dearden, Dvorsky, Hammond, Rensink, Schuerer, Tinsman and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. BILL ENROLLED, SIGNED AND SENT TO GOVERNOR The Secretary of the Senate submitted the following report: MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the following bill has been enrolled, signed by the President of the Senate and the Speaker of the House, and presented to the Governor for his approval on this 5th day of March, 1997: Senate File 145. MARY PAT GUNDERSON Secretary of the Senate 52nd Day WEDNESDAY, MARCH 5, 1997 493 SUBCOMMITTEE ASSIGNMENT SSB 214 AGRICULTURE: Rensink, Chair; Bartz, J. Black, D. Black and Kibbie 494 JOURNAL OF THE SENATE 52nd Day AFTERNOON SESSION The Senate reconvened at 1:28 p.m., President Kramer presiding. LEAVES OF ABSENCE Leave of absences were granted as follows: Senator Horn until he arrives on request of Senator Hansen and Senator McCoy until he arrives on request of Senator Dvorsky. CONSIDERATION OF RESOLUTION (Regular Calendar) House Joint Resolution 10 On motion of Senator Redfern, House Joint Resolution 10, a joint resolution proposing an amendment to the Constitution of the State of Iowa to eliminate the limitation on fines for offenses which may be summarily tried without indictment, with report of committee recommending passage, was taken up for consideration. Senator Redfern moved that the resolution be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the resolution was read the last time. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: House Joint Resolution 10, a joint resolution proposing an amendment to the Constitution of the State of Iowa to eliminate the limitation on fines for offenses which may be summarily tried without indictment. Section 1. The following amendment to the Constitution of the State of Iowa is proposed: Section 11, unnumbered paragraph 1, Article I of the Constitution of the State of Iowa, is amended to read as follows: All offenses less than felony and in which the maximum permissible imprisonment does not exceed thirty days shall be tried summarily before an officer authorized by law, on information under oath, without indictment, or the intervention of a grand jury, saving 52nd Day WEDNESDAY, MARCH 5, 1997 495 to the defendant the right of appeal; and no person shall be held to answer for any higher criminal offense, unless on presentment or indictment by a grand jury, except in cases arising in the army, or navy, or in the militia, when in actual service, in time of war or public danger. Sec. 2. The foregoing proposed amendment to the Constitution of the State of Iowa, having been adopted and agreed to by the Seventy- sixth General Assembly, 1996 Session, thereafter duly published, and now adopted and agreed to by the Seventy-seventh General Assembly in this Joint Resolution, shall be submitted to the people of the State of Iowa at the general election in November of the year nineteen hundred ninety-eight in the manner required by the Constitution and laws of the State of Iowa. On the question "Shall the resolution pass?" (H.J.R. 10) the vote was: Yeas, 48: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Hedge Iverson Jensen Judge Kibbie King Kramer Lind Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Horn McCoy The resolution having received a constitutional majority was declared to have passed the Senate and the title was agreed to. QUORUM CALL Senator Tinsman requested a non record roll call to determine that a quorum was present. 496 JOURNAL OF THE SENATE 52nd Day The vote revealed 43 present, 7 absent and a quorum present. CONSIDERATION OF BILL (Regular Calendar) Senate File 189 On motion of Senator Angelo, Senate File 189, a bill for an act extending the regular program district cost guarantee for school districts for two years, and providing an effective date, was taken up for consideration. Senator Neuhauser offered amendment S-3075 filed by her on February 24, 1997, to page 1 and the title page of the bill. Senator Angelo raised the point of order that amendment S-3075 was not germane to the bill. The Chair ruled the point well taken and amendment S-3075 out of order. Senator Lundby asked and received unanimous consent that action on Senate File 189 be deferred. CONSIDERATION OF BILL (Appropriations Calendar) House File 125 On motion of Senator Tinsman, House File 125, a bill for an act appropriating federal block grant funds and amending appropriations from the general fund of the state to the department of human services for the state fiscal year beginning July 1, 1996, and providing an effective date, with report of committee recommending passage, was taken up for consideration. Senator Tinsman moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. 52nd Day WEDNESDAY, MARCH 5, 1997 497 On the question "Shall the bill pass?" (H.F. 125) the vote was: Ayes, 49: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Hedge Iverson Jensen Judge Kibbie King Kramer Lind Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Horn The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 125 and House Joint Resolution 10 be immediately messaged to the House. 498 JOURNAL OF THE SENATE 52nd Day APPENDIX STUDY BILLS RECEIVED SSB 215 Ways & Means Relating to regulation of food establishments and providing for fees and penalties. SSB 216 State Government Relating to the administration of state government, by providing for the practices of the department of general services, state procurement, motor vehicles, and state printing. SSB 217 State Government Relating to the office of secretary of state and the conduct of elections and voter registration in the state and relating to corrective and technical changes to Iowa's election laws, and providing an effective date. SSB 218 Commerce Relating to the acquisition of a branch of a savings association by a newly chartered bank and providing an effective date. SSB 219 State Government Relating to the attempt to purchase, purchase, or possession of an alcoholic beverage by a person under legal age, and providing penalties. SSB 220 State Government Relating to pari-mutuel racing and excursion boat gambling, and providing penalties and an effective date. SSB 221 State Government Relating to continuing education requirements of real estate appraisers. 52nd Day WEDNESDAY, MARCH 5, 1997 499 SSB 222 Education Relating to a requirement that schools and school districts provide media services programs and articulated sequential elementary- secondary guidance programs. SSB 223 Agriculture Prohibiting the construction of earthen manure storage basins and anaerobic lagoons within agricultural drainage well areas, and making penalties applicable. SSB 224 Business & Labor Relating to membership on the workforce development board and providing an effective date. SUBCOMMITTEE ASSIGNMENTS Senate File 263 EDUCATION: Redfern, Chair; Connolly and Rehberg Senate File 264 EDUCATION: Connolly, Chair; Kibbie and Lind Senate File 265 EDUCATION: Connolly, Chair; J. Black and Redwine Senate File 276 STATE GOVERNMENT: Lundby, Chair; Kibbie and King Senate File 279 AGRICULTURE: Hedge, Chair; Kibbie and Zieman Senate File 283 STATE GOVERNMENT: Rittmer, Chair; McKibben and Szymoniak House File 142 NATURAL RESOURCES & ENVIRONMENT: Dearden, Chair; Angelo and Bartz 500 JOURNAL OF THE SENATE 52nd Day SSB 215 WAYS AND MEANS: Redfern, Chair; Deluhery and McKibben SSB 216 STATE GOVERNMENT: Lind, Chair; Halvorson and Lundby SSB 217 STATE GOVERNMENT: Lundby, Chair; Gronstal and Rittmer SSB 218 COMMERCE: Jensen, Chair; Douglas and Flynn SSB 219 STATE GOVERNMENT: Lind, Chair; Fink and McLaren SSB 220 STATE GOVERNMENT: Lind, Chair; Fink and Rife SSB 221 STATE GOVERNMENT: Lind, Chair; Szymoniak and Tinsman SSB 223 AGRICULTURE: Rensink, Chair; Bartz, J. Black, D. Black and Kibbie BILLS ASSIGNED TO COMMITTEE President Kramer announced the assignment of the following bills to committee: S. F. 289 Small Business & Econ. Develp. S. F. 290 Small Business & Econ. Develp. S. F. 297 Transportation S. F. 298 Local Government S. F. 302 Ways and Means S. F. 303 Education S. F. 304 Business and Labor S. F. 305 State Government S. F. 306 Small Business & Econ. Develp. S. F. 307 State Government S. F. 308 Agriculture 52nd Day WEDNESDAY, MARCH 5, 1997 501 S. F. 309 Natural Resources S. F. 310 Transportation H. F. 299 Judiciary H. F. 388 Ways and Means COMMITTEE REPORTS LOCAL GOVERNMENT Final Bill Action: SENATE FILE 315 (SSB 84), a bill for an act to prohibit the disarming of a peace officer and providing penalties. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Zieman, Behn, Fraise, Angelo, D. Black, J. Black, Boettger, Connolly, Dearden, Hansen, McKean, Redwine and Rehberg. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 316 (SSB 81), a bill for an act relating to the probationary period for deputy sheriffs. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Zieman, Behn, Fraise, Angelo, D. Black, J. Black, Boettger, Connolly, Dearden, Hansen, McKean, Redwine and Rehberg. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 317 (SSB 82), a bill for an act relating to the determination of annual salaries for deputy sheriffs. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Zieman, Behn, Fraise, Angelo, D. Black, J. Black, Boettger, Connolly, Dearden, Hansen, McKean, Redwine and Rehberg. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: SENATE FILE 318 (SSB 173), a bill for an act relating to the state income tax checkoff for domestic abuse and sexual assault services and providing retroactive applicability dates. Recommendation: APPROVED COMMITTEE BILL. 502 JOURNAL OF THE SENATE 52nd Day Final Vote: Ayes, 11: Lind, Rittmer, Kibbie, Deluhery, Gronstal, Halvorson, King, McKibben, McLaren, Szymoniak and Tinsman. Nays, none. Absent or not voting, 4: Drake, Fink, Lundby and Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. GOVERNOR'S APPOINTEES PLACED ON EN BLOC CALENDAR The following appointees assigned to standing committees for investigation were placed on the En Bloc Calendar with recommendation for confirmation on March 5, 1997: BUSINESS AND LABOR Margaret A. Holmes, Alan R. Kabela, Kathryn A. Murphy and Norma J. Schmoker, Iowa Workforce Development Board. Elizabeth L. Seiser, Public Employment Relations Board. AMENDMENTS FILED S(3113 S. F. 205 Tom Vilsack S(3114 S. F. 281 Mary Neuhauser Donald B. Redfern INTRODUCTION OF BILLS Senate Concurrent Resolution 6, by Vilsack, a concurrent resolution urging action by the federal government to protect workers from repetitive stress injuries. Read first time under Rule 28 and passed on file. Senate File 299, by committee on Agriculture, a bill for an act relating to cooperative associations and corporations by providing for operations and procedures, including providing for mergers, and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 300, by committee on Human Resources, a bill for an act relating to the prohibited sale of home testing kits for the human immunodeficiency virus. Read first time under Rule 28 and placed on calendar. 52nd Day WEDNESDAY, MARCH 5, 1997 503 Senate File 301, by committee on Education, a bill for an act increasing the exceptions to the registration requirements for postsecondary schools, and eliminating an exemption for nondegree specialty vocational training programs from the accreditation requirement for postsecondary schools. Read first time under Rule 28 and placed on calendar. Senate File 302, by Hansen, a bill for an act extending the child and dependent care credit to certain taxpayers for purposes of the individual income tax and including a retroactive applicability date provision. Read first time under Rule 28 and passed on file. Senate File 303, by Hansen, a bill for an act relating to an individual income tax credit for amounts paid for tuition and textbooks for dependents at certain higher education institutions and including a retroactive applicability date provision. Read first time under Rule 28 and passed on file. Senate File 304, by King, a bill for an act relating to unemployment compensation benefits concerning proof of whether a person has voluntarily quit employment. Read first time under Rule 28 and passed on file. Senate File 305, by King, a bill for an act limiting the amount of contributions a candidate for office may accept from sources outside the candidate's elective district, and providing a penalty. Read first time under Rule 28 and passed on file. Senate File 306, by Gronstal, a bill for an act relating to required eligibility criteria for economic development assistance programs. Read first time under Rule 28 and passed on file. Senate File 307, by Gronstal, a bill for an act relating to declaration of political party affiliation, or declaration of no party 504 JOURNAL OF THE SENATE 52nd Day affiliation on voter registration forms. Read first time under Rule 28 and passed on file. Senate File 308, by Black of Kossuth, a bill for an act relating to animal feeding operations by eliminating nuisance suit protection. Read first time under Rule 28 and passed on file. Senate File 309, by Black of Kossuth, a bill for an act relating to the construction of earthen manure storage basins and anaerobic lagoons by prohibiting their construction within an agricultural drainage well basin or certain drainage districts, and making penalties applicable. Read first time under Rule 28 and passed on file. Senate File 310, by Black of Jasper, a bill for an act eliminating fees for certain special license plates. Read first time under Rule 28 and passed on file. Senate File 311, by Rife, a bill for an act relating to depositing gambling and lottery revenues in the rebuild Iowa infrastructure fund. Read first time under Rule 28 and passed on file. Senate File 312, by Maddox, a bill for an act relating to consortium claims under comparable fault. Read first time under Rule 28 and passed on file. Senate File 313, by Hammond, a bill for an act providing that financial records of foundations established pursuant to state direction are available for public examination and reproduction. Read first time under Rule 28 and passed on file. Senate File 314, by Lundby, a bill for an act establishing the senior conservation and outdoor recreation employment program under the administration of the department of workforce 52nd Day WEDNESDAY, MARCH 5, 1997 505 development and providing for a related matter. Read first time under Rule 28 and passed on file. Senate File 315, by committee on Local Government, a bill for an act to prohibit the disarming of a peace officer and providing penalties. Read first time under Rule 28 and placed on calendar. Senate File 316, by committee on Local Government, a bill for an act relating to the probationary period for deputy sheriffs. Read first time under Rule 28 and placed on calendar. Senate File 317, by committee on Local Government, a bill for an act relating to the determination of annual salaries for deputy sheriffs. Read first time under Rule 28 and placed on calendar. Senate File 318, by committee on State Government, a bill for an act relating to the state income tax checkoff for domestic abuse and sexual assault services and providing retroactive applicability dates. Read first time under Rule 28 and placed on calendar. GOVERNOR'S APPOINTEES PLACED ON EN BLOC CALENDAR The following appointees assigned to standing committees for investigation were placed on the En Bloc Calendar with recommendation for confirmation on March 5, 1997: NATURAL RESOURCES Dean R. McWilliams, Environmental Protection Commission. Mary L. Norton, Renewable Fuels and Coproducts Advisory Committee. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 2:06 p.m., until 9:00 a.m., Thursday, March 6, 1997.
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