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House Journal: Tuesday, February 8, 2000

JOURNAL OF THE HOUSE

Thirtieth Calendar Day - Nineteenth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Tuesday, February 8, 2000

The House met pursuant to adjournment at 8:50 a.m., Speaker
Siegrist in the chair.

Prayer was offered by Reverend James Louk, pastor of United
Methodist Church, Osceola.

The Journal of Monday, February 7, 2000 was approved.

PETITION FILED

The following petition was received and placed on file:

By Davis of Wapello from seventy-one constituents of the 93rd
district favoring House File 2043, an act concerning accidental death
retirement benefits under the municipal fire and police retirement
system and including a retroactive applicability provision and
effective date.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Ford of Polk on request of Kreiman of Davis; Chiodo of Polk, until his arrival, on
request of Cataldo of Polk; Millage of Scott on request of Rants of Woodbury.

INTRODUCTION OF BILLS

House File 2172, by committee on judiciary, a bill for an act
relating to polygraph examinations of applicants for certain law
enforcement or correctional facility positions.

Read first time and placed on the calendar.


House File 2173, by committee on judiciary, a bill for an act
providing for inheritance by great-grandparents, great-aunts and
uncles, and second cousins of intestate decedents.

Read first time and placed on the calendar.

House File 2174, by Witt, a bill for an act prohibiting name
changes in conjunction with marriage by persons with civil
disabilities.

Read first time and referred to committee on judiciary.

House File 2175, by Mascher, a bill for an act relating to the time
frame for the registration and notification requirements of the sex
offender registry.

Read first time and referred to committee on judiciary.

House File 2176, by Shoultz, a bill for an act authorizing the
juvenile court, when specified conditions are met, to enter an ex parte
order to perform a medically relevant test to determine whether an
illegal drug is present in a child's body.

Read first time and referred to committee on human resources.

House File 2177, by Shoultz, a bill for an act relating to
condemnation of agricultural land for recreational trails.

Read first time and referred to committee on local government.

House File 2178, by Carroll, a bill for an act relating to the rate of
permissible finance charge on certain consumer loans.

Read first time and referred to committee on commerce and
regulation.

House File 2179, by committee on economic development, a bill
for an act relating to the certified school to career program.

Read first time and placed on the calendar.


House File 2180, by Nelson-Forbes, a bill for an act relating to
community college governance.

Read first time and referred to committee on education.

House File 2181, by Wise, a bill for an act relating to driver's
licensing requirements for persons permitted or licensed to drive in
other countries.

Read first time and referred to committee on transportation.

House File 2182, by Mascher, a bill for an act relating to future
statewide implementation of the beginning teacher induction
program.

Read first time and referred to committee on education.

House File 2183, by Davis, a bill for an act relating to assault,
including domestic abuse and harassment, by changing the definition
of assault and providing penalties, including penalties for second and
subsequent violations of certain no-contact orders.

Read first time and referred to committee on judiciary.

House File 2184, by Sukup, a bill for an act relating to the blood
alcohol concentration level for second and subsequent operating while
intoxicated offenses.

Read first time and referred to committee on judiciary.

House File 2185, by Davis, a bill for an act including truancy in
the definition of child in need of assistance.

Read first time and referred to committee on human resources.

House File 2186, by Boggess, a bill for an act relating to the
individual income taxation of capital gains from property damaged or
destroyed by a natural disaster and including a retroactive
applicability date provision.

Read first time and referred to committee on ways and means.

House File 2187, by Wise, a bill for an act relating to recision of
driver's license revocations in certain cases involving operating while
intoxicated offenses.

Read first time and referred to committee on transportation.

House File 2188, by Schrader, Falck, Murphy, Reynolds, Bell,
Wise, Connors, Chiodo, T. Taylor, Ford, Larkin, Frevert, Greimann,
May, Myers, Dotzler, Osterhaus, Kreiman, Cataldo, Kuhn, Mundie,
Mascher, Jochum, Weigel, Foege, O'Brien, Holveck, and Richardson,
a bill for an act relating to the increase in the pension and retirement
income deduction under the individual income tax and including an
effective and retroactive applicability date provision.

Read first time and referred to committee on ways and means.

House File 2189, by Nelson-Forbes, a bill for an act providing for
the adoption of administrative rules incorporating a health services
component in the general accreditation standards applicable to school
districts.

Read first time and referred to committee on education.

SENATE MESSAGE CONSIDERED

Senate File 2031, by Angelo, a bill for an act relating to violations
of the sex offender registry requirements and providing an effective
date.

Read first time and passed on file.

ADOPTION OF SENATE CONCURRENT RESOLUTION 101

Davis of Wapello called up for consideration Senate Concurrent
Resolution 101, a concurrent resolution to request a United States
Corps of Engineers' study of the lower Des Moines River, and moved
its adoption.

The motion prevailed and the resolution was adopted.


CONSIDERATION OF BILLS
Regular Calendar

House File 2090, a bill for an act changing the name of the forests
and forestry division of the department of natural resources to the
forests and prairies division and expanding its responsibilities, was
taken up for consideration.

Alons of Sioux moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.

On the question "Shall the bill pass?" (H.F. 2090)

The ayes were, 83:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brunkhorst Bukta
Carroll Cataldo Cohoon Doderer
Dotzler Drake Drees Eddie
Falck Fallon Foege Frevert
Garman Gipp Grundberg Hahn
Hansen Heaton Hoffman Holmes
Holveck Horbach Houser Huseman
Huser Jacobs Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Mundie Murphy Myers
O'Brien Osterhaus Raecker Rants
Rayhons Reynolds Richardson Scherrman
Schrader Shoultz Stevens Sukup
Sunderbruch Taylor, D. Taylor, T. Teig
Thomson Tyrrell Van Engelenhoven Van Fossen
Weidman Weigel Welter Whitead
Wise Witt Mr. Speaker
Siegrist

 


The nays were, 7:
Cormack Davis Dolecheck Greiner
Jager Nelson-Forbes Thomas

 




Absent or not voting, 10:
Brauns Chiodo Connors Dix
Ford Greimann Millage Parmenter
Shey Warnstadt

 


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

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 2090 be immediately messaged to the Senate.

Rants of Woodbury asked and received unanimous consent for the
immediate consideration of House Resolution 105 and House
Resolution 106.

ADOPTION OF HOUSE RESOLUTION 105

Rants of Woodbury called up for consideration House Resolution
105, a resolution honoring Kayne Robinson, Chairman of the
Republican Party of Iowa, and the Republican Party of Iowa for
outstanding achievements in bringing about nationwide recognition
for the year 2000 presidential precinct caucuses, and moved its
adoption.

The motion prevailed and the resolution was adopted.

ADOPTION OF HOUSE RESOLUTION 106

Schrader of Marion called up for consideration House Resolution
106, a resolution honoring Rob Tully, Chairman of the Iowa
Democratic Party, and the Iowa Democratic Party for outstanding
achievements in bringing about nationwide recognition for the year
2000 presidential precinct caucuses, and moved its adoption.

The motion prevailed and the resolution was adopted.

ADOPTION OF HOUSE RESOLUTION 103

Carroll of Poweshiek called up for consideration House
Resolution 103 as follows and moved its adoption:

1 HOUSE RESOLUTION 103
2 BY COMMITTEE ON ADMINISTRATION AND RULES
3 A Resolution relating to annual budgets for the
4 daily operations of the House of Representatives.
5 Whereas, the legislative authority of this state is
6 vested in the General Assembly consisting of the House
7 of Representatives and the Senate; and
8 Whereas, the House of Representatives necessarily
9 incurs substantial expenses for its daily operations;
10 and
11 Whereas, the House of Representatives is authorized
12 to expend funds from the state treasury necessary to
13 pay for its expenses and for expenses incurred jointly
14 by the House of Representatives and the Senate; and
15 Whereas, it is deemed advisable and proper for the
16 House of Representatives to make expenditures in
17 accordance with a budgetary plan; Now Therefore,
18 Be It Resolved by the House of Representatives:
19 Section 1. Expenditures of the House of
20 Representatives payable pursuant to Iowa Code sections
21 2.10 through 2.14 for the regular legislative session
22 and the interim period during the fiscal year
23 beginning July 1, 1999, and ending June 30, 2000, are
24 budgeted to be as follows:
25 1. Session expenses, including members' annual
26 compensation and temporary staff compensation and
27 other current expenses in an amount not to exceed
28 $5,840,352.
29 2. Interim expenses, including members' and staff
30 compensation and other current expenses in an amount

Page 2

1 not to exceed $390,000.
2 3. Fixed expenses, including permanent employees'
3 compensation and equipment, in an amount not to exceed
4 $2,483,000.
5 4. A special fund for renovation, restoration, and
6 equipment improvements in the House chamber and
7 adjacent areas to be used with the authorization of
8 the Committee on Administration and Rules, in an
9 amount not to exceed $25,000.
10 5. A special fund for technology improvements and
11 equipment, in an amount not to exceed $175,000.
12 Sec. 2. The Chief Clerk of the House of
13 Representatives shall immediately provide written
14 notice to the Speaker and Minority Leader of the House
15 of Representatives and to the Chair and Ranking Member
16 of the House Committee on Appropriations if actual
17 expenditures payable pursuant to Iowa Code sections
18 2.10 through 2.14 exceed the maximum amount allocated
19 to any category of the budget provided by section 1 of

20 this Resolution. The written notice shall specify the
21 amount of and reasons for any excess expenditure.
22 Sec. 3. The expenditures referred to in section 2
23 of this Resolution shall consist only of those sums
24 required for payment of the various expenses of the
25 General Assembly including items such as legislative
26 printing expenses, unpaid expenses incurred during the
27 interim between sessions of the General Assembly,
28 expenditures incurred pursuant to resolutions, and
29 expenses for purchases of legislative equipment and
30 supplies necessary to carry out the functions of the

Page 3

1 General Assembly. Joint expenditures or special
2 expenditures approved by the Committee on
3 Administration and Rules or the Legislative Council
4 are not included in the budget set forth in this
5 Resolution.
6 Be It Further Resolved by the House of
7 Representatives:
8 Sec. 4. Expenditures of the House of
9 Representatives payable pursuant to Iowa Code sections
10 2.10 through 2.14 for the regular legislative session
11 and the interim period during the fiscal year
12 beginning July 1, 2000, and ending June 30, 2001, are
13 budgeted to be as follows:
14 1. Session expenses, including members' annual
15 compensation and temporary staff compensation and
16 other current expenses in an amount not to exceed
17 $5,650,648.
18 2. Interim expenses, including members' and staff
19 compensation and other current expenses in an amount
20 not to exceed $417,000.
21 3. Fixed expenses, including permanent employees'
22 compensation and equipment, in an amount not to exceed
23 $2,567,000.
24 4. A special fund for renovation, restoration, and
25 equipment improvements in the House chamber and
26 adjacent areas to be used with the authorization of
27 the Committee on Administration and Rules, in an
28 amount not to exceed $50,000.
29 5. A special fund for technology improvements and
30 equipment, in an amount not to exceed $50,000.

Page 4

1 Sec. 5. The Chief Clerk of the House of
2 Representatives shall immediately provide written
3 notice to the Speaker and Minority Leader of the House
4 of Representatives and to the Chair and Ranking Member
5 of the House Committee on Appropriations if actual

6 expenditures payable pursuant to Iowa Code sections
7 2.10 through 2.14 exceed the maximum amount allocated
8 to any category of the budget provided by section 4 of
9 this Resolution. The written notice shall specify the
10 amount of and reasons for any excess expenditure.
11 Sec. 6. The expenditures referred to in section 5
12 of this Resolution shall consist only of those sums
13 required for payment of the various expenses of the
14 General Assembly including items such as legislative
15 printing expenses, unpaid expenses incurred during the
16 interim between sessions of the General Assembly,
17 expenditures incurred pursuant to resolutions, and
18 expenses for purchases of legislative equipment and
19 supplies necessary to carry out the functions of the
20 General Assembly. Joint expenditures or special
21 expenditures approved by the Committee on
22 Administration and Rules or the Legislative Council
23 are not included in the budget set forth in this
24 Resolution.
25 Be It Further Resolved by the House of
26 Representatives:
27 Sec. 7. If a special session of the General
28 Assembly is held, the Committee on Administration and
29 Rules shall provide for consideration of a budget for
30 the special session.

The motion prevailed and the resolution was adopted.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
Senate Concurrent Resolution 101 be immediately messaged to
the Senate.

EXPLANATIONS OF VOTE

I was necessarily absent from the House chamber on Monday,
February 7, 2000. Had I been present, I would have voted "aye" on
House Files 2099, 2105 and 2106.

BRUNKHORST of Bremer

I was necessarily absent from the House chamber on February 7
and February 8, 2000. Had I been present, I would have voted "aye"
on House Files 2090, 2099, 2105 and 2106.

MILLAGE of Scott

COMMUNICATIONS RECEIVED

The following communications were received and filed in the office
of the Chief Clerk:

DEPARTMENT OF HUMAN RIGHTS
Division of Criminal and Juvenile Justice Planning

The 1999-2000 Juvenile Crime Prevention Community Grant Fund Report,
pursuant to Chapter 1172.73, 1994 Acts of the Seventy-fifth General Assembly.

DEPARTMENT OF PERSONNEL

The Final Report of the Deferred Compensation Match Task Force, pursuant to
Chapter 509A.12, Code of Iowa.

CERTIFICATES OF RECOGNITION

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

ELIZABETH A. ISAACSON
Chief Clerk of the House

2000\229 June and Ken Fallert, Indianola - For celebrating their 50th wedding
anniversary.

2000\230 Myra and Russell Kroeger, Lake View - For celebrating their 50th
wedding anniversary.

2000\231 Bridget Klus, Odebolt - For celebrating her 80th birthday.

2000\232 Leona Cook, Ida Grove - For celebrating her 80th birthday.

2000\233 Ethlyn Kolbe, Lake View - For celebrating her 81st birthday.

2000\234 Helen Johnson, Lake View - For celebrating her 90th birthday.

2000\235 Melvin Pfannkuch, Wall Lake - For celebrating his 90th birthday.

2000\236 Irene Paulson, Ida Grove - For celebrating her 90th birthday.

2000\237 Frances Spencer, Missouri Valley - For celebrating his 95th birthday.

2000\238 Flossie Good, Missouri Valley - For celebrating her 90th birthday.

2000\239 Neva and Estal Hinkle, Logan - For celebrating their 50th wedding
anniversary.


2000\240 Blanche Harris, Grinnell - For celebrating her 85th birthday.

2000\241 Eldon Oltrogge, Grinnell - For celebrating his 80th birthday.

2000\242 Dorthy and Clyde Davis, Grinnell - For celebrating their 65th wedding
anniversary.

2000\243 Gladys Cox, Grinnell - For celebrating her 95th birthday.

2000\244 Mr. and Mrs. Robert Little, Brooklyn - For celebrating their 50th
wedding anniversary.

2000\245 Grace and Eldred Van Gorp, Sully - For celebrating their 50th wedding
anniversary.

2000\246 Andrew Mark Lee, DeWitt - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2000\247 Jeff Rickertsen, Clinton - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2000\248 Kevin O'Connor, DeWitt - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2000\249 Nicholas Mark Neblung, Clinton - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.

2000\250 Alice Keen, DeWitt - For celebrating her 90th birthday.

2000\251 Joan and Bob Pittman, Clinton - For celebrating their 50th wedding
anniversary.

2000\252 Lillian and Raymond Gluesing, DeWitt - For celebrating their 60th
wedding anniversary.

2000\253 Matthew Ternus, Vinton - For receiving a 2000 Prudential Spirit of
Community Award.

2000\254 Zachary Korth, Davenport - For receiving a 2000 Prudential Spirit of
Community Award.

2000\255 Alison Mostrom, West Des Moines - For receiving a 2000 Prudential
Spirit of Community Award.

2000\256 Sarah Harper, Iowa Falls - For receiving a 2000 Prudential Spirit of
Community Award.

2000\257 Inga Evenson, Clermont - For celebrating her 88th birthday.

2000\258 Esther Griebenow, Postville - For celebrating her 90th birthday.

2000\259 Katherine Rolfes, Garnavillo - For celebrating her 100th birthday.

SUBCOMMITTEE ASSIGNMENTS

House File 577 Reassigned

Judiciary: Shey, Chair; Bell and Sukup.

House File 2124

Ways and Means: Jenkins, Chair; Holmes and Kuhn.

House File 2125

Ways and Means: Boal, Chair; Richardson and Sukup.

House File 2127

Local Government: Dix, Chair; Carroll and Fallon.

House File 2128

Ways and Means: Jenkins, Chair; Holmes and Shoultz.

House File 2155

Transportation: Arnold, Chair; Cohoon and Eddie.

House File 2159

Education: Shey, Chair; Kreiman and Thomas.

House File 2160

Local Government: Brauns, Chair; Hahn and Huser.

House File 2161

Local Government: Eddie, Chair; Fallon and Weidman.

House File 2164

Economic Development: Cormack, Chair; Dotzler and Metcalf.

House File 2171

Transportation: Rayhons, Chair; Garman and Huser.

House File 2178

Commerce and Regulation: Johnson, Chair; Cataldo and Holmes.


HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 609

Human Resources: Boddicker, Chair; Boal and Foege.

House Study Bill 611

Human Resources: Davis, Chair; Boal and Bukta.

House Study Bill 616

Human Resources: Boal, Chair; Davis and Kreiman.

House Study Bill 617

Human Resources: Blodgett, Chair; Hahn and Murphy.

House Study Bill 618

Human Resources: Blodgett, Chair; Greimann and Hahn.

House Study Bill 619

Human Resources: Martin, Chair; Blodgett and Reynolds.

House Study Bill 620

Human Resources: Martin, Chair; Blodgett and Reynolds.

House Study Bill 621

Human Resources: Blodgett, Chair; Hahn and Murphy.

House Study Bill 622

Human Resources: Martin, Chair; Grundberg and Mertz.

House Study Bill 623

Human Resources: Carroll, Chair; Foege and Lord.

House Study Bill 624

Human Resources: Martin, Chair; Grundberg and Kreiman.

House Study Bill 627

State Government: Jacobs, Chair; Holmes, Houser, O'Brien and T. Taylor.


House Study Bill 628

Education: Shey, Chair; Lord and Mascher.

House Study Bill 629

State Government: Jacobs, Chair; Arnold, Cataldo, Davis, Holmes, Jochum and
Reynolds.

House Study Bill 630

State Government: Bradley, Chair; Chiodo and Metcalf.

House Study Bill 632

Transportation: Rayhons, Chair; Bukta and Jager.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 633 Local Government

Relating to county levy and expenditure authority involving the
county mental health, mental retardation, and developmental
disabilities services fund by prohibiting appropriations from the fund
for capital assets, authorizing associated county general fund levies
and expenditures, and including transition, effective, and
applicability dates, and other related provisions.

H.S.B. 634 State Government

Relating to the licensing of individuals engaged in the healing art of
massage therapy.

H.S.B. 635 Commerce and Regulation

Relating to electronic transmission of rejections of insurance coverage
against uninsured, underinsured, or hit-and-run motorists.

H.S.B. 636 Commerce and Regulation

Relating to a bonding requirement for notary publics.


H.S.B. 637 Education

Relating to payment of education costs for certain juvenile facilities
and providing an effective date.

H.S.B. 638 Education

Relating to requirements of and authorizations for schools and area
education agencies.

H.S.B. 639 Education

Delaying the repeal of the school finance formula.

H.S.B. 640 Education

Relating to school districts experiencing declining enrollment and
providing an effective date.

H.S.B. 641 Commerce and Regulation

Relating to land restoration requirements for interstate natural gas
pipeline construction projects.

H.S.B. 642 Commerce and Regulation

Relating to the title guaranty program and mortgage release
certificates.

H.S.B. 643 Human Resources

Relating to the establishment of a long-term care program, including
the creation of a long-term care trust fund, providing for
appropriation of the moneys in the fund, and making appropriations.

H.S.B. 644 Human Resources

Relating to the authority of the department of human services
involving state institutions and employee and volunteer background
checks.


H.S.B. 645 Local Government

Relating to the duties of county treasurers and providing for the
collection of fees.

H.S.B. 646 Agriculture

Providing for the application of compost material to land for use for
the production of organic agricultural products.

H.S.B. 647 Agriculture

To eliminate the regulation of frozen food locker plants by the
department of agriculture and land stewardship.

H.S.B. 648 Commerce and Regulation

Providing for the establishment of protected cells by domestic
insurers.

H.S.B. 649 Local Government

Relating to landlord-tenant law, by allowing for notice of and a
surcharge for rent paid with a check returned for insufficient funds,
and making certain changes related to forcible entry and detainer
actions.

H.S.B. 650 Local Government

Relating to the powers and duties of county officers and the district
court relating to writing fees for registration of boats and certain
vehicles, to county lease-purchase agreements, to recording of
transfer documents, to lost property, and to property divided by death
or divorce.

H.S.B. 651 Ways and Means

Relating to a sales and use tax exemption for the sales of clothing and
footwear for a limited time period annually and including an effective
date.


H.S.B. 652 Ways and Means

Expanding the number of counties that may designate unincor-
porated areas containing private lakes as rural improvement zones.

H.S.B. 653 Agriculture

Eliminating the regulation of certain dairy trade practices.

H.S.B. 654 Agriculture

Relating to exemptions from agricultural land restrictions and
making penalties applicable.

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.

ELIZABETH A. ISAACSON
Chief Clerk of the House

COMMITTEE ON EDUCATION

Committee Bill (Formerly House File 2018), directing the department of
education to conduct a feasibility study of reorganization and sharing incentives for
school districts.

Fiscal Note is not required.

Recommended Amend and Do Pass February 7, 2000.

Committee Bill (Formerly House File 2035), relating to collection of the physical
plant and equipment property tax levy in urban renewal areas using tax increment
financing and providing an applicability date.

Fiscal Note is not required.

Recommended Amend and Do Pass February 7, 2000.

COMMITTEE ON JUDICIARY

Committee Bill (Formerly House Study Bill 563), relating to notice and the
appointment of counsel in guardianship and conservatorship proceedings.


Fiscal Note is not required.

Recommended Do Pass February 8, 2000.

Committee Bill (Formerly House Study Bill 569), relating to limited partnerships
by providing for such partnerships to become limited liability limited partnerships,
providing for related matters, and providing an effective date.

Fiscal Note is not required.

Recommended Do Pass February 8, 2000.

RESOLUTION FILED

HR 104, by T. Taylor, D. Taylor, Witt, Dotzler, Shoultz, Jenkins,
Cohoon, Larson, Thomson, Shey, Chiodo, Cataldo, Jacobs, Foege,
Metcalf, Grundberg, Holveck, Huser, Raecker, Ford, Connors, and
Boal, a resolution honoring native Iowan and St. Louis Rams
quarterback Kurt Warner.

Laid over under Rule 25.

AMENDMENTS FILED

H-8012 H.F. 2084 Mascher of Johnson
H-8013 H.F. 2147 Brunkhorst of Bremer
H-8014 H.F. 2146 Kreiman of Davis
H-8015 H.F. 2084 Falck of Fayette
Ford of Polk
H-8016 H.F. 2080 Osterhaus of Jackson

On motion by Rants of Woodbury the House adjourned at 9:24
a.m., until 8:45 a.m., Wednesday, February 9, 2000.


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