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House Journal: Monday, April 30, 2001

JOURNAL OF THE HOUSE

One Hundred Thirteenth Calendar Day - Seventy-eighth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Monday, April 30, 2001

The House met pursuant to adjournment at 10:11 a.m., Speaker
Siegrist in the chair.

Prayer was offered by the Honorable Rod Roberts, state
representative from Carroll County.

The Journal of Friday, April 27, 2001 was approved.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by the Honorable Rod Roberts,
state representative from Carroll County.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Kuhn of Floyd, until his arrival, on request of Bukta of Clinton; Shoultz of Black
Hawk on request of Warnstadt of Woodbury.

INTRODUCTION OF BILL

House File 745, by Rants, a bill for an act regulating infectious
and contagious diseases in animals, providing for the indemnification
of owners, and providing an effective date.

Read first time and referred to committee on agriculture.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 27, 2001, passed the following bill in which the concurrence of the Senate was
asked:


House File 716, a bill for an act providing for taxes relating to ethanol blended
gasoline, making penalties applicable, and providing for the Act's applicability.

Also: That the Senate has on April 27, 2001, insisted on its amendment to Senate
File 203, a bill for an act extending the regular program district cost guarantee for
school districts, and providing an effective date, and the members of the Conference
Committee on the part of the Senate are: The Senator from Shelby, Senator Boettger,
Chair; the Senator from Union, Senator Angelo; the Senator from Plymouth, Senator
Redwine; the Senator from Dubuque, Senator Connolly; the Senator from Palo Alto,
Senator Kibbie.

Also: That the Senate has on April 27, 2001, amended the House amendment,
concurred in the House amendment as amended, and passed the following bill in which
the concurrence of the House is asked:

Senate File 458, a bill for an act relating to children's program and juvenile court
provisions involving the department of human services in regard to the foster home
insurance fund, group child care providers, juvenile delinquency and child in need of
assistance dispositions, and termination of parental rights.

Also: That the Senate has on April 27, 2001, appointed the conference committee to
Senate File 466, a bill for an act relating to child care and protection public policy
provisions involving children, and the members of the Conference Committee on the
part of the Senate are: The Senator from Jefferson, Senator Miller, Chair; the Senator
from Sac, Senator King; the Senator from Scott, Senator Tinsman; the Senator from
Washington, Senator Shearer; the Senator from Story, Senator Hammond.

Also: That the Senate has on April 27, 2001, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

Senate File 526, a bill for an act excluding certain business property from being
considered abandoned property under the state's disposition of unclaimed property law.

MICHAEL E. MARSHALL, Secretary

SENATE MESSAGE CONSIDERED

Senate File 524, by committee on appropriations, a bill for an act
providing assistance regarding the development of grapes and wine
and providing for tax revenue and an appropriation.

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

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-one members present,
twenty-nine absent.

ADOPTION OF HOUSE RESOLUTION 33

Reynolds of Van Buren called up for consideration House
Resolution 33, a resolution honoring the Des Moines Register's 2001
Academic All-State Team, and moved its adoption.

The motion prevailed and the resolution was adopted.

CONSIDERATION OF BILLS
Appropriations Calendar

House File 698, a bill for an act providing appropriations for
certain temporary staffing for the Iowa utilities board and consumer
advocate prior to assessment of such staffing expenses to utilities,
was taken up for consideration.

Jenkins of Black Hawk asked and received unanimous consent to
withdraw amendment H-1593 filed by him and Hansen of
Pottawattamie on April 19, 2001.

Jenkins of Black Hawk asked and received unanimous consent to
withdraw amendment H-1626, to amendment H-1593, filed by Chiodo
of Polk on April 23, 2001.

Jenkins of Black Hawk 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. 698)

The ayes were, 89:
Alons Atteberry Barry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors Cormack De Boef Dolecheck
Dotzler Drake Eddie Eichhorn
Elgin Falck Finch Ford
Frevert Garman Gipp Greimann
Grundberg Hahn Hatch Heaton
Hoffman Horbach Houser Hoversten
Huseman Jacobs Jenkins Jochum
Johnson Kettering Klemme Larkin
Larson Lensing Manternach Mascher
May Mertz Metcalf Millage
Murphy Myers O'Brien Osterhaus
Petersen Quirk Raecker Rants
Rayhons Rekow Reynolds Richardson
Roberts Scherrman Schrader Seng
Shey Sievers Smith Sukup
Taylor, D. Taylor, T. Teig Tremmel
Tymeson Tyrrell Van Fossen Warnstadt
Weidman Winckler Wise Witt
Mr. Speaker
Siegrist

 


The nays were, 1:
Kreiman

 


Absent or not voting, 10:
Arnold Dix Fallon Foege
Hansen Huser Kuhn Shoultz
Stevens Van Engelenhoven

 


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

Sukup of Franklin in the chair at 10:37 a.m.

Ways and Means Calendar

House File 737, a bill for an act providing an Iowa individual
income tax checkoff for deposit in the keep Iowa beautiful fund,
making an appropriation, and providing a retroactive applicability
date, was taken up for consideration.

Finch of Story 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. 737)

The ayes were, 57:
Alons Arnold Barry Baudler
Boal Boddicker Boggess Bradley
Brauns Broers Brunkhorst Carroll
Chiodo Cormack De Boef Dix
Dolecheck Drake Eddie Eichhorn
Elgin Fallon Finch Gipp
Greimann Hahn Heaton Hoffman
Horbach Houser Hoversten Huseman
Jacobs Jenkins Johnson Kettering
Klemme Kreiman Larson Manternach
Metcalf Millage Quirk Raecker
Rants Rayhons Rekow Shey
Siegrist, Spkr. Sievers Teig Tymeson
Van Fossen Warnstadt Weidman Wise
Sukup,
Presiding

 


The nays were, 35:
Atteberry Bell Bukta Cohoon
Connors Dotzler Falck Ford
Frevert Garman Hatch Jochum
Larkin Lensing Mascher May
Mertz Murphy Myers O'Brien
Osterhaus Petersen Reynolds Richardson
Roberts Scherrman Schrader Seng
Smith Taylor, D. Taylor, T. Tremmel
Tyrrell Winckler Witt

 


Absent or not voting, 8:
Foege Grundberg Hansen Huser
Kuhn Shoultz Stevens Van Engelenhoven

 


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

CONFERENCE COMMITTEE APPOINTED
(Senate File 203)

The Speaker announced the appointment of the conference
committee to consider the differences between the House and Senate
concerning Senate File 203: Brunkhorst of Bremer, Chair; Grundberg
of Polk, Boal of Polk, Wise of Lee and Mascher of Johnson.

On motion by Rants of Woodbury, the House was recessed at 10:53
a.m., until 2:00 p.m.

AFTERNOON SESSION

The House reconvened at 2:08 p.m., Speaker pro tempore Sukup in
the chair.

INTRODUCTION OF BILLS

House File 746, 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 and placed on the appropriations calendar.

House File 747, by committee on ways and means, a bill for an
act imposing a tax rate increase from thirty percent to thirty-two
percent on the adjusted gross receipts over three million dollars from
gambling games conducted at racetrack enclosures and providing an
effective date.

Read first time and placed on the ways and means calendar.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 30, 2001, amended and passed the following bill in which the concurrence of the
House is asked:

House File 726, a bill for an act relating to and making appropriations to the
department for the blind, the Iowa state civil rights commission, the department of
elder affairs, the Iowa department of public health, the department of human rights,
the governor's office of drug control policy, and the commission of veterans affairs,
providing a criminal surcharge increase, and providing an effective date.

Also: That the Senate has on April 30, 2001, concurred in the House amendment
and adopted the following resolution in which the concurrence of the Senate was asked:

Senate Joint Resolution 3, a joint resolution authorizing the sixth judicial district
department of correctional services to extend a lease-purchase agreement and
providing an effective date.

MICHAEL E. MARSHALL, Secretary

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Schrader of Marion on request of Myers of Johnson.


QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed eighty members present, twenty
absent.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 698 be immediately messaged to the Senate.

Rants of Woodbury moved to suspend the rules for the immediate
consideration of House File 740.

A non-record roll call was requested.

The ayes were 56, nays 44.

The motion to suspend the rules prevailed.

CONSIDERATION OF BILL
Appropriations Calendar

House File 740, a bill for an act relating to the senior living
program including provisions relating to and making appropriations
from the senior living trust fund to the department of elder affairs
and the department of human services, and including effective date
and retroactive applicability provisions, was taken up for
consideration.

Heaton of Henry offered the following amendment H-1755 filed by
him from the floor and moved its adoption:

H-1755

1 Amend House File 740 as follows:
2 1. Page 1, line 10, by inserting after the word
3 "purposes" the following: ", and for not more than
4 the following full-time equivalent positions".
5 2. Page 1, by inserting after line 11, the
6 following:
7 FTEs 8.00"
8 3. Page 1, line 12, by striking the word "Of" and
9 inserting the following: "1. Of".

10 4. Page 1, by inserting after line 22, the
11 following:
12 "2. Of the funds appropriated in this section,
13 $255,800 shall be used by the department to fund
14 strategies for dependent adult abuse detection,
15 training, and services.
16 3. The funds appropriated under this section shall
17 be used in accordance with any regulations,
18 requirements, or guidelines of the health care
19 financing administration of the United States
20 department of health and human services applicable to
21 the senior living program."
22 5. Page 2, line 5, by inserting after the word
23 "purposes" the following: ", and for not more than
24 the following full-time equivalent positions".
25 6. Page 2, by inserting after line 6, the
26 following:
27 FTEs 5.00"
28 7. Page 2, by inserting after line 17, the
29 following:
30 "Sec. ___. CONVERSION GRANT PROJECTS - RULES -
31 INTENT.
32 1. The department of human services shall adopt
33 rules that provide that beginning with applications
34 for conversion grants received on or after July 1,
35 2001, the department shall give greater weight in the
36 scoring methodology to nursing facility conversion
37 projects that are primarily the renovation and
38 remodeling of the existing nursing facility structure
39 and give less weight to conversion projects that are
40 primarily new construction. The department of human
41 services shall encourage cooperative efforts between
42 the department of inspections and appeals, the state
43 fire marshal and the grant applicant to promote the
44 acceptance of nursing facility conversion projects
45 that are primarily renovation and remodeling of the
46 existing nursing facility structure.
47 2. It is the intent of the general assembly that
48 the department of elder affairs certify all assisted
49 living programs established through nursing facility
50 conversion grants. The department of elder affairs

Page 2

1 shall consult with conversion grant applicants and
2 recipients to establish and monitor occupancy
3 agreements and assisted living program residents shall
4 be allowed access to third-party payors. The
5 department of elder affairs shall allow grant
6 recipients to revise and modify occupancy agreements
7 to reflect rates that are affordable, as defined in
8 section 249H.3, during the ten-year period of

9 operation following the awarding of the grant by the
10 department of human services."
11 8. Page 3, line 1, by inserting after the figure
12 "94.00." the following: "A nursing facility shall not
13 receive a reimbursement rate under this paragraph that
14 is less than the rate received on June 30, 2001, plus
15 an inflation factor of 6.21 percent. For the purposes
16 of this calculation, any excess payment allowance
17 received by the facility shall not be considered part
18 of the reimbursement rate."
19 9. Page 3, line 10, by inserting after the figure
20 "97.47." the following: "A nursing facility shall not
21 receive a reimbursement rate under this paragraph that
22 is less than the rate received on June 30, 2002, plus
23 an inflation factor based on the HCFA/SNF index. For
24 the purposes of this calculation, any excess payment
25 allowance received by the facility shall not be
26 considered part of the reimbursement rate."
27 10. Page 5, line 6, by striking the word "their"
28 and inserting the following: "the median of".
29 11. Page 5, line 16, by striking the word "their"
30 and inserting the following: "the median of".
31 12. Page 6, line 23, by striking the word "rate"
32 and inserting the following: "median".
33 13. Page 10, by inserting after line 1, the
34 following:
35 "Sec. . Section 249H.3, subsection 1, Code
36 2001, is amended to read as follows:
37 1. "Affordable" means rates for payment of room,
38 board, amenities, and medical and health services
39 which do not exceed the rates established for
40 providers of medical and health services under the
41 medical assistance program with eligibility for an
42 individual equal to the eligibility for medical
43 assistance pursuant to section 249A.3 may be
44 purchased, in conjunction with third-party payors, by
45 seniors with low and moderate incomes in the market
46 area of the providers of such services. In relation
47 to services provided by a provider of services under a
48 home and community-based waiver, "affordable" means
49 that the total monthly cost of the home and community-
50 based waiver services provided does not exceed the

Page 3

1 cost for that level of care as established by rule by
2 the department of human services, pursuant to chapter
3 17A, in consultation with the department of elder
4 affairs."
5 14. By renumbering as necessary.

Amendment H-1755 was adopted.

Osterhaus of Jackson offered the following amendment H-1747
filed by him and moved its adoption:

H-1747

1 Amend House File 740 as follows:
2 1. Page 1, line 11, by striking the figure
3 "5,285,426" and inserting the following:
4 "10,285,426".
5 2. Page 1, line 33, by striking the figure
6 "20,000,000" and inserting the following:
7 "15,000,000".

Speaker Siegrist in the chair at 2:30 p.m.

Amendment H-1747 lost.

Osterhaus of Jackson offered amendment H-1746 filed by him as
follows:

H-1746

1 Amend House File 740 as follows:
2 1. Page 5, by striking lines 18 through 32, and
3 inserting the following:
4 "g. The department shall not apply a geographic
5 wage index adjustment in determining the modified
6 price-based case-mix reimbursement rate for nursing
7 facilities."
8 2. Page 7, by striking lines 31 and 32.

The House stood at ease at 3:09 p.m., until the fall of the gavel.

The House resumed session at 4:50 p.m., Speaker Siegrist in the
chair.

Rants of Woodbury asked and received unanimous consent that
House File 740 be deferred and that the bill retain its place on the
unfinished business calendar. (Amendment H-1746 pending)

INTRODUCTION OF BILLS

House File 748, by committee on state government, a bill for an
act providing for congressional and legislative districts and providing
an effective date.


Read first time and placed on the calendar.

House File 749, by Reynolds, Hatch, Dotzler, Cormack, Jochum,
T. Taylor, Witt, Winckler, Fallon, Greimann, Smith, Lensing, Frevert,
and Kreiman, a bill for an act requiring disclosure of information on
the use of tax revenues for economic development purposes.

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

MESSAGE FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 30, 2001, amended and passed the following bill in which the concurrence of the
House is asked:

House File 692, a bill for an act relating to mandatory disclosures in certain
political telephone communications, and applying a penalty.

MICHAEL E. MARSHALL, Secretary

MOTION TO RECONSIDER
(House File 737)

I move to reconsider the vote by which House File 737 passed the
House on April 30, 2001.

WARNSTADT of Woodbury

EXPLANATION OF VOTE

I was necessarily absent from the House chamber on April 30, 2001.
Had I been present, I would have voted "aye" on House File 698.

ARNOLD of Lucas

I was necessarily absent from the House chamber on April 27 and
30, 2001. Had I been present, I would have voted "aye" on House
Files 502, 564, 698, 737 and Senate Files 350 and 533.

STEVENS of Dickinson


BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR

The Chief Clerk of the House submitted the following report:

Mr. Speaker: The Chief Clerk of the House respectfully reports that the following
bills have been examined and found correctly enrolled, signed by the Speaker of the
House and the President of the Senate, and presented to the Governor for his approval
on this 30th day of April, 2001: House Files 229, 560, 662, 694, 706 and 711.

MARGARET A. THOMSON
Chief Clerk of the House

Report adopted.

PRESENTATION OF VISITORS

The Speaker announced that the following visitors were present in
the House chamber:

Three sixth grade students from Logan Magnolia School, Logan,
accompanied by Mary Espenmiller. By Barry of Harrison.

Fifth grade students from Turkey Valley, Jackson Junction. By
Gipp of Winneshiek and Quirk of Chickasaw.

Six sixth and eighth grade students from St. Patrick's Catholic
School, Sheldon, accompanied by teacher Pam Wehmeyer. By
Johnson of Osceola.

Six students from Algona Seton, Algona, accompanied by Mr.
Stillman. By Mertz of Kossuth.

COMMUNICATIONS RECEIVED

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

DEPARTMENT OF INSPECTIONS AND APPEALS

The Fiscal Year 2000 Annual Report, pursuant to Chapter 10A.104(3), Code of Iowa.

IOWA TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION

The Fiscal Year 2000 Annual Report, pursuant to Chapter 8D.3, 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.

MARGARET A. THOMSON
Chief Clerk of the House

2001\1093 Velma Siebrecht, Odebolt - For celebrating her 80th birthday.

2001\1094 Gladys Strackbein, Battle Creek - For celebrating her 80th birthday.

2001\1095 Darlene and Darwin Becker, Lake View - For celebrating their 50th
wedding anniversary.

2001\1096 Verna Pithan, Charter Oak - For celebrating her 80th birthday.

2001\1097 Edna Mitzel, Manilla - For celebrating her 80th birthday.

2001\1098 Lorena Petersen, Denison - For celebrating her 85th birthday.

2001\1099 Veryl and Dick Determan, Onawa - For celebrating their 62nd
wedding anniversary.

2001\1100 Marjorie Fratzke, Oelwein - For celebrating her 90th birthday.

2001\1101 Mr. and Mrs. Chris Petersen, Norwalk - For celebrating their 50th
wedding anniversary.

2001\1102 Mr. and Mrs. Charles Pettit, Norwalk - For celebrating their 50th
wedding anniversary.

2001\1103 Lauren and Agnes Gaumer, Murray - For celebrating their 60th
wedding anniversary.

2001\1104 A. Robert Maxwell, Davenport - For celebrating his 80th birthday.

2001\1105 Floyd Peters, Vinton - For celebrating his 80th birthday.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT

House Study Bill 260
(Committee of the Whole)

State Government: Metcalf, Chair; Elgin, Larkin, Boddicker, Bradley, Brauns, Chiodo,
Connors, Cormack, Eichhorn, Falck, Garman, Gipp, Jacobs, Jochum, Millage, O'Brien,
Reynolds, T. Taylor, Tremmel and Van Engelenhoven.

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.

MARGARET A. THOMSON
Chief Clerk of the House

COMMITTEE ON APPROPRIATIONS

Senate File 537, a bill for an act relating to and making appropriations from the
tobacco settlement endowment fund and the healthy Iowans tobacco trust, establishing
certain uses for the appropriations, and providing effective dates.

Fiscal Note is not required.

Recommended Do Pass April 30, 2001.

COMMITTEE ON STATE GOVERNMENT

Committee Bill (Formerly House Study Bill 260), providing for congressional and
legislative districts and providing an effective date.

Fiscal Note is not required.

Recommended Without Recommendation April 30, 2001.

COMMITTEE ON WAYS AND MEANS

Committee Bill (Formerly House Study Bill 232), relating to the tax rate on the
adjusted gross receipts from gambling games at certain racetrack enclosures.

Fiscal Note is not required.

Recommended Amend and Do Pass April 27, 2001.

AMENDMENTS FILED

H-1753 H.F. 714 Sukup of Franklin
H-1754 S.F. 458 Senate Amendment
H-1756 S.F. 535 Atteberry of Delaware
H-1757 S.F. 535 Jochum of Dubuque
H-1758 S.F. 535 Scherrman of Dubuque
H-1759 S.F. 535 Wise of Lee
H-1760 H.F. 720 Reynolds of Van Buren
H-1761 H.F. 708 Larson of Linn
H-1762 H.F. 729 Metcalf of Polk

H-1763 H.F. 726 Senate Amendment
H-1764 H.F. 740 Osterhaus of Jackson
H-1765 H.F. 740 Smith of Marshall
H-1766 H.F. 714 Houser of Pottawattamie
Sukup of Franklin
Heaton of Henry
H-1767 H.F. 742 Gipp of Winneshiek
H-1768 S.F. 535 Foege of Linn
H-1769 H.F. 710 Sukup of Franklin
H-1770 H.F. 718 Warnstadt of Woodbury
H-1771 S.F. 165 Hatch of Polk
H-1772 H.F. 740 Osterhaus of Jackson
H-1773 S.F. 535 Wise of Lee
H-1774 S.F. 535 Finch of Story
De Boef of Mahaska Tymeson of Madison
Mertz of Kossuth Johnson of Osceola
Hoversten of Woodbury Garman of Story
Tyrrell of Iowa Tremmel of Wapello
O'Brien of Boone Alons of Sioux
Seng of Scott Broers of Cerro Gordo
Hahn of Muscatine Barry of Harrison
Quirk of Chickasaw Manternach of Jones
Eichhorn of Hamilton Boddicker of Cedar
Roberts of Carroll Rekow of Allamakee
Chiodo of Polk Raecker of Polk
Rayhons of Hancock Heaton of Henry
Boal of Polk Carroll of Poweshiek
Sievers of Scott Baudler of Adair
Larson of Linn Horbach of Tama
Reynolds of Van Buren Brunkhorst of Bremer
Klemme of Plymouth Hoffman of Crawford
H-1775 H.F. 737 Mascher of Johnson
H-1776 H.F. 737 Mascher of Johnson
H-1777 S.F. 535 Winckler of Scott
H-1778 H.C.R. 35 May of Worth
H-1779 S.F. 165 Fallon of Polk
H-1780 S.F. 165 Fallon of Polk
H-1781 S.F. 165 Fallon of Polk
H-1782 S.F. 165 Fallon of Polk
H-1783 S.F. 165 Fallon of Polk
H-1784 S.F. 165 Fallon of Polk

H-1785 S.F. 165 Fallon of Polk
H-1786 S.F. 165 Fallon of Polk
H-1787 S.F. 165 Fallon of Polk
H-1788 S.F. 165 Petersen of Polk
H-1789 H.F. 737 Mascher of Johnson
H-1790 S.F. 165 Petersen of Polk
H-1791 S.F. 165 Petersen of Polk
H-1792 H.F. 720 Rayhons of Hancock
H-1793 S.F. 165 Grundberg of Polk
H-1794 S.F. 516 Grundberg of Polk
H-1795 H.F. 692 Senate Amendment
H-1796 H.F. 746 Murphy of Dubuque
H-1797 H.F. 746 Murphy of Dubuque

On motion by Rants of Woodbury the House adjourned at 4:51
p.m., until 8:45 a.m., Tuesday, May 1, 2001.


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