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Senate Journal: Thursday, February 7, 2002

JOURNAL OF THE SENATE

__________

TWENTY-FIFTH CALENDAR DAY
SIXTEENTH SESSION DAY

Senate Chamber
Des Moines, Iowa, Thursday, February 7, 2002

The Senate met in regular session at 9:14 a.m., President Kramer
presiding.

Prayer was offered by Aaron Stevens, associate pastor of the
Waukee Christian Church in Waukee, Iowa. He was the guest of
Senator Rehberg.

The Journal of Wednesday, February 6, 2002, was approved.

SPECIAL GUEST

Senator Jensen welcomed to the Senate chamber the Honorable
Paul Pate, mayor of Cedar Rapids and former member of the Iowa
Senate from Linn County.

The Senate rose and expressed its welcome.

RECESS

On motion of Senator Iverson, the Senate recessed at 9:23 a.m.
until 2:00 p.m.


APPENDIX

COMMUNICATION

The following communication was received in the office of the
Secretary of the Senate and placed on file in the Legislative Service
Bureau:

February 7, 2002

DEPARTMENT OF ECONOMIC DEVELOPMENT

CEBA Self-Sustaining Progress Report-October 2001.

CERTIFICATE OF RECOGNITION

The Secretary of the Senate issued the following certificate of
recognition:

Lillian I. Annable, Des Moines - For celebrating your 100th birthday on February 8,
2002. Senator Holveck (02/07/02).

REPORTS OF COMMITTEE MEETINGS

APPROPRIATIONS

Convened: February 7, 2002, 12:32 p.m.

Members Present: Lamberti, Chair; Kramer, Vice Chair; Flynn, Ranking Member;
Angelo, Black, Bolkcom, Dvorsky, Fiegen, Gaskill, Hammond, Horn, Jensen, King,
Lundby, McKibben, McKinley, Redfern, Rehberg, Schuerer, Soukup, Tinsman,
Veenstra, and Zieman.

Members Absent: Connolly and Deluhery (both excused).

Committee Business: Approved SSBs 3090 and 3111.

Recessed: 12:38 p.m.

Reconvened: 12:48 p.m.

Adjourned: 1:04 p.m.

JUDICIARY

Convened: February 7, 2002, 11:15 a.m.


Members Present: Maddox, Chair; Redfern, Vice Chair; Horn, Ranking Member;
Angelo, Boettger, Fiegen, Fraise, Hammond, Hansen, Horn, King, Lamberti, McKean,
Miller, and Tinsman.

Members Absent: None.

Committee Business: Passed SFs 159 and 2036. Approved SSBs 3024 (as amended),
3084, and 3098.

Adjourned: 12:29 p.m.

NATURAL RESOURCES AND ENVIRONMENT

Convened: February 7, 2002, 10:02 a.m.

Members Present: Sexton, Chair; Bartz, Vice Chair; Fink, Ranking Member; Black,
Bolkcom, Dearden, Deluhery, Drake, Freeman, Houser, Jensen, Kibbie, Lundby, and
Miller.

Members Absent: Rittmer (excused).

Committee Business: Approved SSB 3027. Presentation by Wayne Gieselman, DNR.

Adjourned: 11:10 a.m.

SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM

Convened: February 7, 2002, 10:02 a.m.

Members Present: Rehberg, Chair; Zieman, Vice Chair; Shearer, Ranking Member;
Behn, Dvorsky, Fiegen, Flynn, Gaskill, Greiner, Holveck, McKinley, and Veenstra.

Members Absent: Lamberti (excused).

Committee Business: Approved SSB 3075.

Adjourned: 10:07 a.m.

WAYS AND MEANS

Convened: February 7, 2002, 9:31 a.m.

Members Present: McKibben, Chair; McKinley, Vice Chair; Harper, Ranking
Member; Bolkcom, Connolly, Drake, Flynn, Greiner, Holveck, Lamberti, Miller,
Redwine, and Rehberg.

Members Absent: Deluhery and Maddox (both excused).

Committee Business: Subcommittee assignments.

Adjourned: 9:37 a.m.


INTRODUCTION OF BILLS

Senate File 2132, by Lundby, a bill for an act providing for the
establishment of a nursing workforce database.

Read first time under Rule 28 and referred to committee on
Human Resources.

Senate File 2133, by committee on Commerce, a bill for an act
relating to real estate brokers, including defining the activities of a
real estate broker, licensure and insurance coverage, and providing a
penalty.

Read first time under Rule 28 and placed on calendar.

Senate File 2134, by committee on Commerce, a bill for an act
relating to the transfer of certain deposit and investment accounts
upon the death of the decedent.

Read first time under Rule 28 and placed on calendar.

Senate File 2135, by committee on Appropriations, a bill for an
act relating to the medical assistance program, making
appropriations and transfers of funds, and providing an effective
date.

Read first time under Rule 28 and placed on Appropriations
calendar.

Senate File 2136, by Bolkcom, a bill for an act increasing the fine
for failure to yield to a pedestrian.

Read first time under Rule 28 and referred to committee on
Transportation.

Senate File 2137, by committee on Small Business, Economic
Development, and Tourism, a bill for an act relating to the enterprise
zone program and providing an effective date.

Read first time under Rule 28 and placed on calendar.


STUDY BILLS RECEIVED

SSB 3111 Appropriations

Relating to the medical assistance program, making
appropriations and transfers of funds, and providing an effective
date.

SSB 3112 Natural Resources and Environment

Relating to the requirements for receiving a property tax
exemption for open prairies and wildlife habitats and including an
applicability date provision.

SSB 3113 Judiciary

Relating to detaining criminal defendants who are mentally
incompetent or dangerous.

SSB 3114 Judiciary

Relating to criminal sentencing by permitting a conditional
discharge for certain second or subsequent offenses, creating different
penalties for crimes against a person, prohibiting misdemeanants
from serving a sentence at a correctional institution, repealing a
provision mandating criminal sentences that require a maximum
accumulation of earned time credits of fifteen percent of the total
term of confinement and making related changes, and making
persons serving such a sentence eligible for parole.

SSB 3115 Education

Relating to utilization of school district moneys for physical plant
and equipment levy purposes.

SSB 3116 Commerce

Making noncompete labor agreements in the broadcasting
industry void.


SUBCOMMITTEE ASSIGNMENTS

Senate File 2038

JUDICIARY: McKean, Chair; Holveck and Lamberti

Senate File 2109

NATURAL RESOURCES AND ENVIRONMENT: Sexton, Chair; Fink and Miller

Senate File 2113

EDUCATION: Rehberg, Chair; Boettger and Connolly

Senate File 2119

EDUCATION: Rehberg, Chair; McKinley and Soukup

Senate File 2128

EDUCATION: Boettger, Chair; Connolly and Redfern

Senate File 2129

EDUCATION: McKinley, Chair; Boettger and Dvorsky

Senate File 2131

WAYS AND MEANS: Rehberg, Chair; Bolkcom and Drake

House File 2135

LOCAL GOVERNMENT: Freeman, Chair; Angelo and Fraise

House File 2139

EDUCATION: Angelo, Chair; Boettger and Shearer

House File 2151

EDUCATION: Tinsman, Chair; Angelo and Fink

House File 2170

NATURAL RESOURCES AND ENVIRONMENT: Sexton, Chair; Dearden and Houser

House File 2183

EDUCATION: Soukup, Chair; Boettger and McKinley


SSB 3111

APPROPRIATIONS: Veenstra, Chair; Hammond and Kramer

SSB 3112

NATURAL RESOURCES AND ENVIRONMENT: Sexton, Chair; Fink and Miller

SSB 3113

JUDICIARY: Redfern, Chair; Fiegen and Lamberti

SSB 3114

JUDICIARY: Maddox, Chair; Angelo and Fraise

SSB 3115

EDUCATION: Boettger, Chair; Connolly and Rehberg

SSB 3116

COMMERCE: Jensen, Chair; Hansen and Redfern

LSB 6635xc

AGRICULTURE: Behn, Chair; Fraise and Veenstra

COMMITTEE REPORTS

APPROPRIATIONS

Final Bill Action: SENATE FILE 2135 (SSB 3111), a bill for an act relating to the
medical assistance program, making appropriations and transfers of funds, and
providing an effective date.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 23: Lamberti, Kramer, Flynn, Angelo, Black, Bolkcom, Dvorsky,
Fiegen, Gaskill, Hammond, Horn, Jensen, King, Lundby, McKibben, McKinley,
Redfern, Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and Zieman. Nays, none.
Absent or not voting, 2: Connolly and Deluhery.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

 


COMMERCE

Final Bill Action: *SENATE FILE 2133 (SSB 3052), a bill for an act relating to real
estate brokers, including defining the activities of a real estate broker, licensure and
insurance coverage, and providing a penalty.


Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 13: Jensen, Schuerer, Bolkcom, Flynn, Freeman, Gronstal, Hansen,
Lundby, Maddox, McCoy, Redwine, Redfern, and Rehberg. Nays, none. Absent or not
voting, 2: Deluhery and King.

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 Commerce Committee on Senate File 2133, and they
were attached to the committee report.

ALSO:

Final Bill Action: *SENATE FILE 2134 (SSB 3060), a bill for an act relating to the
transfer of certain deposit and investment accounts upon the death of the decedent.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 12: Jensen, Schuerer, Bolkcom, Flynn, Freeman, Gronstal, Hansen,
Lundby, Maddox, McCoy, Redwine, and Rehberg. Nays, none. Absent or not voting, 3:
Deluhery, King, and Redfern.

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 Commerce Committee on Senate File 2134, and they
were attached to the committee report.

SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM

Final Bill Action: SENATE FILE 2137 (SSB 3075), a bill for an act relating to the
enterprise zone program and providing an effective date.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 12: Rehberg, Zieman, Shearer, Behn, Dvorsky, Fiegen, Flynn,
Gaskill, Greiner, Holveck, McKinley, and Veenstra. Nays, none. Absent or not voting, 1:
Lamberti.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.


AFTERNOON SESSION

The Senate reconvened at 2:09 p.m., President Kramer presiding.

HOUSE MESSAGES RECEIVED AND CONSIDERED

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 February 7, 2002, passed the following bills in which the concurrence of
the Senate is asked:

House File 2190, a bill for an act relating to the procedural
requirements for foreign and international adoption, providing for
applicability, and providing an effective date.

Read first time and referred to committee on Human Resources.

House File 2193, a bill for an act relating to modal
transportation, including changes in transit coordination
requirements, elimination of the Iowa railway finance authority, and
changes in the aircraft registration process.

Read first time and referred to committee on Transportation.

House File 2245, a bill for an act relating to the medical
assistance program, making appropriations and transfers of funds,
and providing an effective date.

Read first time and attached to similar Senate File 2135.

QUORUM CALL

Senator Houser requested a nonrecord roll call to determine that a
quorum was present.

The vote revealed 37 present, 12 absent, and a quorum present.

The Senate stood at ease at 2:15 p.m. until the fall of the gavel for
the purpose of party caucuses.


The Senate resumed session at 2:50 p.m., President Pro Tempore
McKean presiding.

CONSIDERATION OF BILL
(Appropriations Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 2135.

Senate File 2135

On motion of Senator Veenstra, Senate File 2135, a bill for an act
relating to the medical assistance program, making appropriations
and transfers of funds, and providing an effective date, was taken up
for consideration.

Senator Veenstra offered amendment S-5027, filed by him from the
floor to page 4 of the bill, and moved its adoption.

Amendment S-5027 was adopted by a voice vote.

Senator Veenstra asked and received unanimous consent that
House File 2245 be substituted for Senate File 2135.

House File 2245

On motion of Senator Veenstra, House File 2245, a bill for an act
relating to the medical assistance program, making appropriations
and transfers of funds, and providing an effective date, was taken up
for consideration.

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senator Connolly, until he returns, on request of Senator Fink; and Senator
Rittmer, until he returns, on request of Senator Freeman.

BUSINESS PENDING

House File 2245

The Senate resumed consideration of House File 2245.

Senator Hammond offered amendment S-5028, filed by Senator
Hammond, et al., from the floor to pages 2 and 4 of the bill.

President Kramer took the chair at 3:05 p.m.

Senator Hammond moved the adoption of amendment S-5028.

A record roll call was requested.

On the question "Shall amendment S-5028 be adopted?"
(H.F. 2245), the vote was:

Ayes, 19:
Black Bolkcom Dearden Deluhery
Dvorsky Fiegen Fink Flynn
Fraise Gronstal Hammond Hansen
Harper Holveck Horn Kibbie
McCoy Shearer Soukup

 


Nays, 28:
Angelo Bartz Behn Boettger
Drake Freeman Gaskill Greiner
Houser Iverson Jensen King
Kramer Lamberti Lundby Maddox
McKean McKibben McKinley Miller
Redfern Redwine Rehberg Schuerer
Sexton Tinsman Veenstra Zieman

 


Absent or not voting, 2:
Connolly Rittmer

 


Vacant, 1.

Amendment S-5028 lost.

Senator Iverson asked and received unanimous consent that action
on House File 2245 be deferred.

CONSIDERATION OF BILL
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 2103.

Senate File 2103

On motion of Senator Angelo, Senate File 2103, a bill for an act
relating to financial assistance for school infrastructure pilot projects,
with report of committee recommending amendment and passage,
was taken up for consideration.

Senator Angelo yielded the floor to Senator Bartz.

Senator Bartz offered amendment S-5024, filed by the committee
on Education on February 6, 2002, to page 1 of the bill, and moved its
adoption.

Amendment S-5024 was adopted by a voice vote.

Senator Bartz 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?" (S.F. 2103), the vote was:

Ayes, 47:
Angelo Bartz Behn Black
Boettger Bolkcom Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Gaskill
Greiner Gronstal Hammond Hansen
Harper Holveck Horn Houser
Iverson Jensen Kibbie King
Kramer Lamberti Lundby Maddox
McCoy McKean McKibben McKinley
Miller Redfern Redwine Rehberg
Schuerer Sexton Shearer Soukup
Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 2:
Connolly Rittmer

 


Vacant, 1.


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

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator Holveck, until he returns, on request of Senator Bolkcom.

BUSINESS PENDING

House File 2245

The Senate resumed consideration of House File 2245, a bill for
an act relating to the medical assistance program, making
appropriations and transfers of funds, and providing an effective
date, previously deferred.

Senator Shearer offered amendment S-5029, filed by him from the
floor to pages 1 and 2 of the bill, and moved its adoption.

A record roll call was requested.

On the question "Shall amendment S-5029 be adopted?"
(H.F. 2245), the vote was:

Ayes, 20:
Black Bolkcom Dearden Deluhery
Dvorsky Fiegen Fink Flynn
Fraise Gronstal Hammond Hansen
Harper Horn Kibbie Lundby
McCoy McKean Shearer Soukup

 


Nays, 26:
Angelo Bartz Behn Boettger
Drake Freeman Gaskill Greiner
Houser Iverson Jensen King
Kramer Lamberti Maddox McKibben
McKinley Miller Redfern Redwine
Rehberg Schuerer Sexton Tinsman
Veenstra Zieman

 




Absent or not voting, 3:
Connolly Holveck Rittmer

 


Vacant, 1.

Amendment S-5029 lost.

Senator Veenstra 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. 2245), the vote was:

Ayes, 39:
Angelo Bartz Behn Black
Boettger Drake Dvorsky Flynn
Fraise Freeman Gaskill Greiner
Hansen Harper Holveck Horn
Houser Iverson Jensen Kibbie
King Kramer Lamberti Lundby
Maddox McCoy McKean McKibben
McKinley Miller Redfern Redwine
Rehberg Schuerer Sexton Soukup
Tinsman Veenstra Zieman

 


Nays, 8:
Bolkcom Dearden Deluhery Fiegen
Fink Gronstal Hammond Shearer

 


Absent or not voting, 2:
Connolly Rittmer

 


Vacant, 1.

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

WITHDRAWN

Senator Veenstra asked and received unanimous consent that
Senate File 2135 be withdrawn from further consideration of the
Senate.


IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
House File 2245 be immediately messaged to the House.

MOTION TO RECONSIDER WITHDRAWN

Senate File 2103

Senator Redfern withdrew the following motion to reconsider filed
by him from the floor:

MADAM PRESIDENT: I move to reconsider the vote by which Senate File 2103
passed the Senate on February 7, 2002.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
Senate File 2103 be immediately messaged to the House.

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 3:55 p.m.
until 9:00 a.m. Friday, February 8, 2002.


APPENDIX

REPORT OF COMMITTEE MEETING

AGRICULTURE

Convened: February 7, 2002, 1:10 p.m.

Members Present: Behn, Chair; Houser, Vice Chair; Fraise, Ranking Member;
Angelo, Bartz, Black, Fiegen, Gaskill, Greiner, Kibbie, Sexton, Shearer, Soukup,
Veenstra, and Zieman.

Members Absent: None.

Committee Business: Presentation by Wayne Gieselman, DNR.

Adjourned: 2:00 p.m.

INTRODUCTION OF RESOLUTION

Senate Concurrent Resolution 109, by Hansen, a concurrent
resolution requesting that the governor annually designate the third
week in the month of October as Cultural Awareness Week.

Read first time under Rule 28 and referred to committee on Rules
and Administration.

INTRODUCTION OF BILLS

Senate File 2138, by committee on Judiciary, a bill for an act
authorizing the department of justice to administer the violence
against women program.

Read first time under Rule 28 and placed on calendar.

Senate File 2139, by committee on Judiciary, a bill for an act
relating to reading a victim impact statement at a criminal
sentencing hearing.

Read first time under Rule 28 and placed on calendar.

Senate File 2140, by committee on Appropriations, a bill for an
act relating to energy conservation including making appropriations
of petroleum overcharge funds.

Read first time under Rule 28 and placed on Appropriations
calendar.

Senate File 2141, by committee on Judiciary, a bill for an act
authorizing sheriffs to appoint civil process servers.

Read first time under Rule 28 and placed on calendar.

Senate File 2142, by Fink, a bill for an act eliminating
components of the student achievement and teacher quality program,
providing for related matters, and providing an effective date.

Read first time under Rule 28 and referred to committee on
Education.

Senate File 2143, by Maddox, a bill for an act relating to access to
third-party contracts involving government-funded services.

Read first time under Rule 28 and referred to committee on State
Government.

Senate File 2144, by committee on Judiciary, a bill for an act
providing for a .08 blood alcohol concentration limit for motor vehicle
operating while intoxicated offenses.

Read first time under Rule 28 and placed on calendar.

STUDY BILL RECEIVED

SSB 3117 Business and Labor Relations

Relating to an employer’s liability for the payment of workers’
compensation benefits to an employee for a permanent partial
disability or a permanent total disability based in part upon a
preexisting injury or recovery of benefits.

SUBCOMMITTEE ASSIGNMENTS

Senate File 2007

STATE GOVERNMENT: King, Chair; Bolkcom and Schuerer


Senate File 2132

HUMAN RESOURCES: Boettger, Chair; Miller and Shearer

SSB 3117

BUSINESS AND LABOR RELATIONS: Behn, Chair; Horn and McKibben

COMMITTEE REPORTS

APPROPRIATIONS

Final Bill Action: SENATE FILE 2140 (SSB 3090), a bill for an act relating to energy
conservation including making appropriations of petroleum overcharge funds.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 23: Lamberti, Kramer, Flynn, Angelo, Black, Bolkcom, Dvorsky,
Fiegen, Gaskill, Hammond, Horn, Jensen, King, Lundby, McKibben, McKinley,
Redfern, Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and Zieman. Nays, none.
Absent or not voting, 2: Connolly and Deluhery.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

 


JUDICIARY

Final Bill Action: SENATE FILE 2138 (SSB 3098), a bill for an act authorizing the
department of justice to administer the violence against women program.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 13: Maddox, Redfern, Holveck, Angelo, Boettger, Fiegen, Fraise,
Hammond, Hansen, Horn, King, McKean, and Tinsman. Nays, none. Absent or not
voting, 2: Lamberti and Miller.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE FILE 2139 (formerly SF 2036), a bill for an act relating
to reading a victim impact statement at a criminal sentencing hearing.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 15: Maddox, Redfern, Holveck, Angelo, Boettger, Fiegen, Fraise,
Hammond, Hansen, Horn, King, Lamberti, McKean, Miller, and Tinsman. Nays, none.
Absent or not voting, none.

Fiscal Note: REQUIRED UNDER JOINT RULE 17.


ALSO:

Final Bill Action: SENATE FILE 2141 (SSB 3084), a bill for an act authorizing
sheriffs to appoint civil process servers.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 14: Maddox, Redfern, Holveck, Angelo, Boettger, Fiegen, Fraise,
Hammond, Hansen, Horn, King, McKean, Miller, and Tinsman. Nays, none. Absent or
not voting, 1: Lamberti.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE FILE 2144 (formerly SF 159), a bill for an act providing
for a .08 blood alcohol concentration limit for motor vehicle operating while intoxicated
offenses.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 11: Maddox, Redfern, Holveck, Angelo, Boettger, Fiegen, Fraise,
Hammond, King, McKean, and Tinsman. Nays, 4: Hansen, Horn, Lamberti, and
Miller. Absent or not voting, none.

Fiscal Note: REQUIRED UNDER JOINT RULE 17.

AMENDMENTS FILED

S-5026 S.F. 2049 Steven D. Hansen
S-5027 S.F. 2135 Ken Veenstra
S-5028 H.F. 2245 Johnie Hammond
Betty A. Soukup
Jack Holveck
John P. Kibbie
Dennis H. Black
Robert E. Dvorsky
Patricia Harper
Bill Fink
Joe Bolkcom
Patrick J. Deluhery
Matt McCoy
S-5029 H.F. 2245 Mark Shearer

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