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NINETY-FOURTH CALENDAR DAY FIFTY-FIFTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, April 12, 2000 The Senate met in regular session at 9:07 a.m., Senator Redfern presiding. Prayer was offered by the Reverend John Louck, pastor of the Hudson United Methodist Church of Hudson, Iowa, guest of Senator Redfern. The Journal of Tuesday, April 11, 2000, was approved. UNFINISHED BUSINESS House File 2433 On motion of Senator Sexton, House File 2433, a bill for an act relating to community college governance, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 23, 2000, was taken up for consideration. Senator McKean took the chair at 9:24 a.m. Senator Sexton offered amendment S-5384, filed by Senators Sexton, et, al., on April 11, 2000, to pages 1-3 of the bill, and moved its adoption. Amendment S-5384 was adopted by a voice vote. With the adoption of amendment S-5384, the Chair ruled amendment S-5373, filed by Senators Sexton, Connolly, and Horn on April 6, 2000, to pages 1-3 of the bill, out of order. Senator Sexton 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. On the question "Shall the bill pass?" (H.F. 2433), the vote was: Ayes, 29: Angelo Bartz Behn Boettger Drake Gaskill Hedge Horn Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Nays, 21: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Freeman Gronstal Hammond Hansen Harper Judge Kibbie Lundby McCoy Shearer Soukup Szymoniak Absent or not voting, none. 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 2433 be immediately messaged to the House. RECESS On motion of Senator Hedge, the Senate recessed at 9:47 a.m., until 2:00 p.m. APPENDIX COMMUNICATION RECEIVED The following communication was received in the office of the Secretary of the Senate and placed on file in the Legislative Service Bureau: April 11, 2000 IOWA TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION Iowa Communications Network Fiscal Year 1999 Annual Report. CERTIFICATE OF RECOGNITION The Secretary of the Senate issued the following certificate of recognition: Ethel Hare, Rowley - For celebrating your 98th birthday on April 15, 2000. Senator Rehberg (04/12/00). Okoboji High School Jazz Band, Milford - For winning first place in the 2A Division of the All State Jazz Band Championships. Senator Kibbie (04/12/00). Arthur Troge, Osage - For celebrating your 100th birthday on April 12, 2000. Senator Soukup (04/12/00). PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Members of the Okoboji High School Jazz Band, who won first place in the state jazz band contest on April 11, 2000, accompanied by their instructor. Senator Kibbie. REPORTS OF COMMITTEE MEETINGS COMMERCE Convened: April 10, 2000, 9:49 a.m. Members Present: Jensen, Chair; Maddox, Vice Chair; Deluhery, Ranking Member; Bolkcom, Gronstal, Johnson, Lundby, Redfern, Redwine, and Schuerer. Members Absent: Flynn, Hansen, King, Lamberti, and McCoy (all excused). Committee Business: Presentation on SF 2361 by Lisa Stump, Utilities Board. Adjourned: 11:20 a.m. ALSO: Convened: April 11, 2000, 4:02 p.m. Members Present: Jensen, Chair; Maddox, Vice Chair; Deluhery, Ranking Member; Bolkcom, Flynn, Gronstal, Hansen, Johnson, King, Lamberti, Lundby, McCoy, Redfern, Redwine, and Schuerer. Members Absent: None. Committee Business: Continued discussion of SF 2361. Adjourned: 5:00 p.m. WAYS AND MEANS Convened: April 12, 2000, 11:10 a.m. Members Present: Johnson, Chair; McKibben, Vice Chair; Harper, Ranking Member; Bartz, Bolkcom, Connolly, Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, Redwine, and Soukup. Members Absent: McLaren (excused). Committee Business: Passed SF 2230 and HF 2557 (as amended). Adjourned: 11:50 a.m. INTRODUCTION OF BILLS Senate File 2450, by committee on Appropriations, a bill for an act relating to the compensation and benefits for public officials and employees, providing for related matters, and making appropriations. Read first time under Rule 28 and placed on Appropriations calendar. Senate File 2451, by committee on Ways and Means, a bill for an act providing that bonds issued for school infrastructure purposes shall be exempt from state income tax. Read first time under Rule 28 and placed on Ways and Means calendar. BILLS 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 bills have 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 12th day of April, 2000: Senate Files 324, 2158, 2248, 2254, 2307, and 2416. MICHAEL E. MARSHALL Secretary of the Senate COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: *SENATE FILE 2450 (SSB 3229), a bill for an act relating to the compensation and benefits for public officials and employees, providing for related matters, and making appropriations. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 22: McLaren, Kramer, Flynn, Behn, Connolly, Deluhery, Freeman, Hammond, Hedge, Horn, Jensen, Johnson, King, Lamberti, Maddox, McCoy, Redwine, Rehberg, Rife, Schuerer, Soukup, and Tinsman. Nays, 2: Bolkcom and Dvorsky. Absent or not voting, 1: Black. 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 2450, and they were attached to the committee report. RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 113, a resolution congratulating the Iowa State Cyclones Women's Gymnastics Team. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE RESOLUTION 114, a resolution honoring the Harper Brush Works for its 100 years of continuing business. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE RESOLUTION 115, a resolution congratulating the Iowa State Cyclones Women's Basketball Team. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE RESOLUTION 116, a resolution congratulating the Iowa State Cyclones Men's Basketball Team. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE RESOLUTION 117, a resolution congratulating the Drake Women's Basketball Team. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE RESOLUTION 118, a resolution congratulating members of the All-Iowa Community College Academic Team. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE CONCURRENT RESOLUTION 114, a concurrent resolution requesting the office of the attorney general to establish an operating while intoxicated (OWI) task force to review the clarity, complexity, and functionality of current operating while intoxicated Code provisions and to make recommendations to the general assembly. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE CONCURRENT RESOLUTION 116, a concurrent resolution urging the Governor to appoint a commission to develop design proposals for Iowa's participation in the United States Mint's 50 state quarters program and to direct the commission to develop designs incorporating the Old Capitol as a symbol for the state. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE CONCURRENT RESOLUTION 117, a concurrent resolution relating to racist activities intended to harass students and faculty at the University of Iowa. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE CONCURRENT RESOLUTION 103, a concurrent resolution relating to the fair treatment of women in the drafting of wills and trusts by estate planners, trust officers, investment advisers, and other financial planners and advisers. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE CONCURRENT RESOLUTION 118, a concurrent resolution requesting the office of the attorney general to establish an operating while intoxicated (OWI) task force to review the clarity, complexity, and functionality of current operating while intoxicated Code provisions and to make recommendations to the general assembly. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. WAYS AND MEANS Final Bill Action: SENATE FILE 2451 (Formerly SF 2230), a bill for an act providing that bonds issued for school infrastructure purposes shall be exempt from state income tax. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Johnson, McKibben, Harper, Bartz, Bolkcom, Connolly, Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, Redwine, and Soukup. Nays, none. Absent or not voting, 1: McLaren. Fiscal Note: REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-5385 S.F. 2448 Merlin E. Bartz S-5386 S.F. 2448 Merlin E. Bartz S-5387 S.F. 2435 House S-5388 S.F. 2448 Jeff Angelo H. Kay Hedge Matt McCoy S-5389 S.F. 2448 Betty A. Soukup John Judge John P. Kibbie S-5390 H.F. 723 House S-5391 S.F. 2450 Mary E. Kramer S-5392 S.F. 2448 Richard F. Drake Matt McCoy Merlin E. Bartz JoAnn Johnson Derryl McLaren Patricia Harper Stewart E. Iverson, Jr. Michael E. Gronstal S-5393 S.F. 2448 Jeff Angelo S-5394 S.F. 2448 Larry McKibben AFTERNOON SESSION The Senate reconvened at 5:58 p.m., President Kramer presiding. HOUSE MESSAGES RECEIVED The following messages were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 11, 2000, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: House File 2502, a bill for an act relating to fee-supported services provided by a county including the payment of county law enforcement salaries and expenses. ALSO: That the House has on April 11, 2000, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 2435, a bill for an act relating to appropriations for the department of human services and including other provisions and appropriations involving human services and health care, providing effective dates, and providing for retroactive applicability.(S-5387) ALSO: That the House has on April 11, 2000, amended the Senate amendment, concurred in the Senate amendment as amended, and passed the following bill in which the concurrence of the Senate is asked: House File 723, a bill for an act prohibiting the mistreatment of persons and animals and providing for penalties.(S-5390) ALSO: That the House has on April 12, 2000, concurred in the Senate amendment to the House amendment, and passed the following bills in which the concurrence of the House was asked: Senate File 2302, a bill for an act relating to programs and public health issues under the purview of the Iowa department of public health and the appropriation of certain fees to the department. Senate File 2329, a bill for an act increasing the fine for certain motor vehicle violations relating to railroad crossings. ALSO: That the House has on April 12, 2000, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: House File 2477, a bill for an act relating to public improvements and transportation, including procedures for condemnation and highway projects, aircraft registration, and passenger rail service, and providing an effective date. ALSO: That the House has on April 12, 2000, passed the following bill in which the concurrence of the Senate is asked: House File 2561, a bill for an act providing for interest on delinquent assessments payable to the Iowa egg council. Read first time and referred to committee on Ways and Means. ALSO: That the House has on April 12, 2000, adopted the following resolution in which the concurrence of the House was asked: Senate Concurrent Resolution 113, a concurrent resolution establishing a special commission to study and make recommendations concerning the impact of current and future state replacement funds paid to local governments to mitigate the effects of the elimination of the property tax on industrial machinery, equipment, and computers. ALSO: That the House has on April 12, 2000, adopted the following resolution in which the concurrence of the Senate is asked: House Concurrent Resolution 119, a concurrent resolution requesting the state department of transportation to review federal outdoor advertising bonus program restrictions on signing and advertising adjacent to the interstate highway system and to make recommendations to the general assembly. Read first time and attached to companion Senate Concurrent Resolution 115. APPOINTMENT OF CONFERENCE COMMITTEE The Chair announced the following conference committee on House File 711 on the part of the Senate: Senators McKibben, Chairperson; Boettger, Angelo, Black, and Fraise. The Senate stood at ease at 6:00 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 6:23 p.m., President Kramer presiding. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2448. Senate File 2448 On motion of Senator Bartz, Senate File 2448, a bill for an act establishing a health enhancement and value-added energy initiative, providing for revenues, the expenditure of moneys, and providing for penalties, was taken up for consideration. The Senate stood at ease at 6:28 p.m. until the fall of the gavel for the purpose of a Republican caucus. The Senate resumed session at 6:52 p.m., President Kramer presiding. Senator Harper offered amendment S-5395, filed by Senators Harper, et al., from the floor striking everything after the enacting clause and to the title page of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5395 be adopted?" (S.F. 2448) the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 14: Black Connolly Dearden Dvorsky Fink Flynn Fraise Hammond Harper Judge Kibbie Rife Shearer Soukup Nays, 35: Angelo Bartz Behn Boettger Bolkcom Deluhery Drake Freeman Gaskill Gronstal Hansen Hedge Horn Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Redfern Redwine Rehberg Rittmer Schuerer Sexton Szymoniak Tinsman Veenstra Zieman Absent or not voting, 1: Miller Amendment S-5395 lost. Senator Drake offered amendment S-5392, filed by Senators Drake, et al., from the floor to pages 1 and 9 of the bill. Senator Drake asked and received unanimous consent that action on amendment S-5392 be deferred. Senator Bartz offered amendment S-5386, filed by him from the floor to pages 3, 9, and 12 of the bill, and moved its adoption. Amendment S-5386 was adopted by a voice vote. Senator Angelo offered amendment S-5388, filed by Senators Angelo, Hedge, and McCoy from the floor to pages 6-8 of the bill. Senator Angelo offered amendment S-5393, filed by him from the floor to page 1 of amendment S-5388, and moved its adoption. Amendment S-5393 was adopted by a voice vote. Senator McKibben asked and received unanimous consent to withdraw amendment S-5394, filed by him from the floor to page 2 of the bill. Senator Angelo moved the adoption of amendment S-5388, as amended. A record roll call was requested. On the question "Shall amendment S-5388 be adopted?" (S.F. 2448) the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 26: Angelo Bartz Bolkcom Connolly Dearden Deluhery Dvorsky Fink Gronstal Hedge Horn Johnson Kramer Lamberti Lundby Maddox McCoy McKean McKibben Redfern Redwine Rittmer Schuerer Szymoniak Tinsman Veenstra Nays, 22: Behn Black Boettger Drake Flynn Fraise Freeman Gaskill Hammond Hansen Harper Iverson Jensen Judge Kibbie King McLaren Rehberg Sexton Shearer Soukup Zieman Absent or not voting, 2: Miller Rife Amendment S-5388 was adopted. With the adoption of amendment S-5388, the Chair ruled the following amendments out of order: Amendment S-5385, filed by Senator Bartz from the floor to page 7 of the bill; and Amendment S-5397, filed by Senator Bartz from the floor to page 1 of amendment S-5385. Senator Connolly asked and received unanimous consent to withdraw amendment S-5374, filed by him on April 10, 2000, to page 8 of the bill. Senator Soukup offered amendment S-5389, filed by Senators Soukup, Judge, and Kibbie from the floor to page 8 of the bill, and moved its adoption. Amendment S-5389 lost by a voice vote. The Senate resumed consideration of amendment S-5392, previously deferred. Senator Drake asked and received unanimous consent that action on amendment S-5392 and Senate File 2448 be deferred. HOUSE MESSAGES RECEIVED The following messages were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 12, 2000, passed the following bill in which the concurrence of the House was asked: Senate File 2443, a bill for an act relating to compacts or agreements entered into by the Iowa lottery board and commissioner of the lottery. ALSO: That the House has on April 12, 2000, passed the following bill in which the concurrence of the Senate is asked: House File 2562, a bill for an act relating to the treatment for sales and use tax purposes of sales where the substance of the transactions is delivered by electromagnetic waves, digitally, or by way of cable or fiber optics, the exemption from the sales and use taxes of the furnishing, sale, or rental of information services, providing of refunds, and including an effective and retroactive applicability date provision. Read first time and attached to companion Senate File 2446. APPENDIX COMPANION RESOLUTION RECEIVED On April 12, 2000, House Concurrent Resolution 119 was received and attached to companion Senate Concurrent Resolution 115 on the Senate calendar. COMPANION BILL RECEIVED On April 12, 2000, House File 2562 was received and attached to companion Senate File 2446 on the Senate calendar. BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on April 12, 2000, the Governor approved and transmitted to the Secretary of State the following bills: S.F. 2194 - Relating to the vacation of roads and road rights-of-way. S.F. 2238 - Relating to the use of school improvement technology program and school improvement technology block grant program moneys by school districts and area education agencies to employ or contract with information technology specialists. S.F. 2300 - Relating to interference with lawful hunting, fishing, or fur harvesting and providing a penalty. S.F. 2411 - Relating to public retirement systems and providing implementation, applicability, and effective dates. INTRODUCTION OF BILL Senate File 2452, by committee on Appropriations, a bill for an act relating to public expenditure and regulatory matters, making appropriations, and providing an effective date. Read first time under Rule 28 and placed on Appropriations calendar. COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: *SENATE FILE 2452 (SSB 3231), a bill for an act relating to public expenditure and regulatory matters, making appropriations, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: McLaren, Kramer, Behn, Freeman, Hedge, Jensen, Johnson, King, Lamberti, Maddox, Redwine, Rehberg, Rife, Schuerer, and Tinsman. Nays, 10: Flynn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Hammond, Horn, McCoy, and Soukup. Absent or not voting, none. 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 2452, and they were attached to the committee report. WAYS AND MEANS Final Bill Action: *HOUSE FILE 2557, a bill for an act relating to the state's disposition of unclaimed property law by setting a limit on the retention of abandoned property records, excluding certain property from being considered abandoned property, and setting requirements and conditions for hiring independent auditors. Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-5396. Final Vote: Ayes, 14: Johnson, McKibben, Harper, Bartz, Bolkcom, Connolly, Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, Redwine, and Soukup. Nays, none. Absent or not voting, 1: McLaren. 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 Ways and Means Committee on Senate File 2557, and they were attached to the committee report. MOTION TO RECONSIDER MADAM PRESIDENT: I move to reconsider the vote by which amendment S-5388 to Senate File 2448 failed to be adopted by the Senate on April 12, 2000. MERLIN E. BARTZ INTRODUCTION OF RESOLUTION Senate Concurrent Resolution 118, by Angelo, Drake, Kibbie, Fraise, McKibben, Judge, Veenstra, Iverson, Bartz, Boettger, Zieman, Shearer, Jensen, Schuerer, Gaskill, Redwine, Rehberg, and Behn, a concurrent resolution to urge and petition the United States Department of Agriculture to make lands which are under the conservation reserve program eligible for grazing by livestock. Read first time and passed on file. AMENDMENTS FILED S-5395 S.F. 2448 Patricia Harper Betty A. Soukup John P. Kibbie Mark Shearer John Judge S-5396 H.F. 2557 Ways and Means S-5397 S.F. 2448 Merlin E. Bartz ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 8:15 p.m., until 9:00 a.m., Thursday, April 13, 2000. 1118 JOURNAL OF THE SENATE 55th Day 55th Day WEDNESDAY, APRIL 12, 2000 1117
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