Daily report [Feb. 7, 2012]

HOUSE BUDGET & RESEARCH OFFICE (404) 656-5050 HOUSE COMMUNICATIONS (404) 656-0305

TOMORROW'S FORECAST
* The House will reconvene for its 17th Legislative Day on Wednesday, February 8, at 10:00 AM.

GEORGIA HOUSE OF REPRESENTATIVES
DAILY REPORT

Tuesday, February 07, 2012
TODAY ON THE FLOOR

16th Legislative Day

RULES CALENDAR
HB 642 - Georgia Services Administration; create; revise several Titles
- BILL SUMMARY: The House Governmental Affairs Committee substitute to HB 642 abolishes the office of State Personnel Administration and relocates its duties to the Department of Administrative Services. - Authored By: Rep. Doug Collins of the 27th - House Committee: Governmental Affairs - Rule: Structured - Yeas: 134; Nays: 27
HB 711 - Evidence; privileges; change provisions
- BILL SUMMARY: HB 711 is a joint spousal/advocate privilege bill.
First, the bill adds certain exemptions to the spousal privilege and when a spouse would be compelled to testify. In addition to the instances when a husband or wife is charged with a crime against a child under the age of 18, HB 711 adds exemptions the husband or wife is charged with a crime against the spouse or their property or the crime occurred prior to the marriage. As introduced, the bill included an exemption for when the husband or wife is charged to have acted jointly in the commission of the crime charged, but the bill substitute does not include this language.
Next, HB 711 prevents certain agents from being compelled to disclose information relating to family violence or sexual assault victims disclosed during the course of treatment programs. - Authored By: Rep. Edward Lindsey of the 54th - House Committee: Judiciary - Rule: Modified-Open - Yeas: 162; Nays: 1
HB 725 - Elections; selection and qualification of candidates and presidential electors; provisions
- BILL SUMMARY: HB 725 provides that in any case where an incumbent has filed notice of candidacy and paid the prescribed qualifying fee in a partisan or nonpartisan election to succeed himself or herself in office but withdraws as a candidate for such office prior to the close of the applicable qualifying period prescribed in this subsection, qualifying for candidates other than such incumbent shall be reopened at 9:00 A.M. on the Monday next following the close of the preceding qualifying period and shall cease at 5:00 P.M. on the Tuesday immediately following such reopening, notwithstanding the fact that any such days may be legal holidays. - Authored By: Rep. Mark Hamilton of the 23rd - House Committee: Governmental Affairs - Rule: Modified-Structured - Yeas: 163; Nays: 0

HB 760 - Elementary and secondary education; capital outlay funds replace exceptional
growth program
- BILL SUMMARY: House Bill 760 is relating to capital outlay funds for elementary and secondary education. SECTION 1: Removes definitions that will no longer be applicable to the capital outlay legislation:
Annual debt service (Lines 17-19). Exceptional Growth (Lines 20-21). References to "Weighted" FTEs (Lines 24, 26, 30-32).
SECTION 2: Lines 43-44: Removes references to annual debt service. Lines 52-53: Removes references to exceptional growth. Lines 57-62: Removes reference to projects using prototypical designs under the supervision of GSFIC.
SECTION3: Lines 66-67: Removes reference to exceptional growth. Lines 89-92: Another reference to prototypical designs.
SECTION4: Lines 100-108: Again, this removes references to prototypical designs.
SECTION5: Lines 115-116: Removes references to exceptional growth. Lines 118-124: Increases the level of entitlement authorization for the Regular category from $200 million to $300 million beginning with the 2014 applications (effective with the FY14 budget). Lines 129 132, Lines 139 146 and Lines 161-167: Remove items no longer applicable to the formula used to compute total state facilities needs: o Exceptional Growth (Lines 130-132), o Annual debt service payments (Lines 139-146). o Local credit (Lines 161-167). Lines 170 - 172: This language will allow Exceptional Growth entitlements earned for FY13 or accumulated from prior years to be combined with Regular Entitlement earnings.
SECTIONS 6 AND 7: Lines 185, 192, 197 and 205 in Section 6 and Line 209 in Section 7: These changes impact Advance Funding by the following: o Raises the minimum number of years required to repay the advance funds from 3 to 5 years. (Section 6 Lines 185 & 197, and Section 7, Line 209). o Housekeeping item: Changing "Advanced" to "Advance" to make the language consistent throughout the law (Lines 192, 197). o Removing the June 30, 2015 repeal date for this section (Line 205).
SECTION 8: Lines 216-299: Strikes the entire subsection J which explains exceptional growth.
SECTION 9: Lines 314-315: Removes references to exceptional growth.
SECTION 10: Lines 319-326 and Lines 351-420: Removes non-binding language regarding local referendum to keep a school open after the local board has decided to close it.
SECTION 11 AND 12: Line 424 in Section 11 and Line 429 in Section 12: Removes references to subsection j (exceptional growth).
SECTION 13 AND 14: Lines 443-451 in Section 13 and Lines 455-467 in Section 14: Remove obsolete language that pertained to the expired Incentive Advance funding for mergers. Specifically: o Lines 443-451 in Section 13: Removes restrictions for state capital funds to be provided for a local system high school consolidation construction project when the local bond referendum for said project did not pass. o Lines 455-467 in Section 14: Removes outdated language for districts submitting plans by July 1, 1992 to reorganize or consolidate schools. o Line 467 in Section 14: Reserves the section for future use, if needed.
SECTION 15: Line 477: Removes subsection j which references exceptional growth.
SECTION 16: Lines 483-490: Removes language to follow procedures established in subsection K.1 (non-binding referendum), which is being eliminated in Section 10. Lines 490: Reserves the section for future use, if needed.
SECTION 17: Lines 494-502: This new subsection codifies the process to use when a district requests emergency capital outlay funds for a school which has been destroyed or damaged by a natural disaster.
SECTION 18: Section 18 makes changes to the eligibility requirements for the Low-Wealth program as follows:

Lines 513-515: Removes references to per capita income, which is being eliminated from the capital outlay calculations for low-wealth grants. Lines 519 523: Defines equivalents millage (for those school systems with a Local Option Sales Tax or LOST) as the combination of property tax revenues and sales tax revenues representing the amount that would be generated by a designated rate of mills. Lines 524-525: Clarifies that full-time equivalent student count (FTEs) will be used rather than weighted full-time student count (WFTE). Lines 531-535: Removes language relating to prototypical designs. Lines 535-539: This new language recognizes local effort by giving school systems with low-wealth projects a 1% reduction in the required local participation for each full mill levied over 12 mills or the equivalent, up to 8%. Lines 542-583: Establishes new eligibility criteria to meet in order to receive a low-wealth grant: o Lines 542-544: Evaluate systems ranked in the bottom 25% of sales tax revenues per FTE rather than those that fall below 75% of the statewide average of sales tax revenue per FTE. o Lines 546-549: Evaluate systems ranked in the bottom 25% of property wealth per FTE rather than those that fall below 75% of the statewide average of value of property per weighted FTE. Strikes "weighted". o Lines 550-557: Establishes an alternate criterion for determining eligibility for low-wealth specific projects. To qualify, systems must rank in the bottom 25% of special purpose local option sales tax revenue. The language includes factors the Department will consider when reviewing a request for funding. o Lines 558-559: Removes per capita income from the formula. o Lines 560-567: Simplifies the language requiring school systems to have 12 mills of the equivalent mills in place in order to qualify for a low-wealth project. o Lines 570-571: Requires systems to use prototypical specifications for projects. o Lines 572-574: Removes requirement for systems to have an advance funded project in place in order to qualify for a low-wealth project. Line 575: Removes language that sunsets low-wealth program on June 30, 2015. Lines 575-583: Limits required local participation to the estimated revenue generated by SPLOST revenue over a 5year period. Furthermore, when this amount and the low-wealth grant is not sufficient to meet the eligible project costs, the state will provide the difference upfront, and the school system will repay this amount through future entitlement earnings.
SECTION 19: Line 585-586: The effective date for this legislation is July 1, 2012. These changes will apply to FY14 applications (FY14 budget) forward.
SECTION 20: Line 588: Repeals any laws conflicting with these changes. - Authored By: Rep. Brooks Coleman of the 97th - House Committee: Education - Rule: Modified-Structured - Yeas: 167; Nays: 1
HB 805 - State Personnel Administration; abolition; make conforming amendments and correct references
- BILL SUMMARY: HB 805 is a companion bill to HB 642. It is a "name change bill" dealing with retirement for people under the State Personnel Administration which will fall under DOAS with passage of HB 642. Should HB 642 fail to pass, HB 805 will have no effect. - Authored By: Rep. Doug Collins of the 27th - House Committee: Retirement - Rule: Structured - Yeas: 164; Nays: 0
HB 805 - State Personnel Administration; abolition; make conforming amendments and correct references
- BILL SUMMARY: HB 805 is a companion bill to HB 642. It is a "name change bill" dealing with retirement for people under the State Personnel Administration which will fall under DOAS with passage of HB 642. Should HB 642 fail to pass, HB 805 will have no effect. - Authored By: Rep. Doug Collins of the 27th - House Committee: Governmental Affairs - Rule: Structured - Yeas: 164; Nays: 0

HR 1151 - Joint Human Trafficking Study Commission; create
- BILL SUMMARY: HR 1151 creates a 13 member study committee to examine Georgia's system of care for victims of human trafficking. The study committee will be known as the Joint Human Trafficking Study Commission and will abolish on January 1, 2013. It will have the right to make a report of any findings as well as recommendations for any proposed legislation.
The committee substitute adds a provision that one member from the Senate and one from the House must be from the minority party. In addition, it contains a provision that any report would be given to the Speaker of the House and the Lieutenant Governor. - Authored By: Rep. Buzz Brockway of the 101st - House Committee: Judiciary - Rule: Modified-Open - Amendments(s): N/A - Yeas: 166; Nays: 1
LOCAL CALENDAR
HB 841 - Emanuel County; Board of Education; change description of districts
- BILL SUMMARY: A Bill to reapportion the Emanuel County Board of Education. - Authored By: Rep. Butch Parrish of the 156th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 156; Nays: 0
* The House will reconvene Wednesday, February 8, at 10:00 AM, for its 17th Legislative Day.
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COMMITTEE ON RULES
The Committee on Rules will meet at 9:00am to set the calendar for the 17th Legislative Day, Wednesday, February 8, and bills may be called at the pleasure of the Speaker.
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COMMITTEE ACTION REPORT
Banks & Banking
HB 886 - Banking and finance; credit exposure as a counterparty in derivative transactions; limit certain obligations
- BILL SUMMARY: This legislation adds credit exposure as a counterparty in derivative transactions with any one person or corporation to the lending limits to such persons or corporations for state-chartered banks. - Authored By: Rep. Bruce Williamson of the 111th - Committee Action: Do Pass
Education
HR 1162 - General Assembly; state-wide education policy; clarify authority - CA
- BILL SUMMARY: House Resolution 1162 is proposing an amendment to the Constitution of Georgia to clarify the authority of the state to establish state-wide education policy. With this bill the General Assembly will be able to establish special schools. HR 1162 states that special schools shall include charter schools, as defined and provided for by law; provided that special schools shall only be public schools. If passed, this proposed amendment will be submitted on the ballot for ratification or rejection. - Authored By: Rep. Jan Jones of the 46th - Committee Action: Do Pass by Committee Substitute

Game, Fish, & Parks
HB 875 - Natural Resources, Department of; privacy of certain records and personal information; provide
- BILL SUMMARY: House Bill 875 This bill amends Code Section 27-1-3 and 52-7-5 so as to provide privacy of certain records and personal information maintained by the Department of Natural Resources. The bill will repeal conflicting laws. Section 1 A new subsection, subsection (k), will be added to Code Section 27-1-3. Subsection (k) states that any personal information such as an individual's date of birth, social security number, home address, personal mobile telephone number, medical or disability information etc. that may be present on any license, registration, permit or stamp, or other document required by the department, that the individual is either applying for or in possession of, be except from any law of this state requiring that such records be open for public inspection. However, such records may be provided to public or private entities performing activities under an agreement with the department, but the records shall remain exempt from public inspection. Individuals applying for such a license, registration, permit, stamp or permission issued by the department in relation to a business under this title, may request or indicate on their application that the department may reveal the address, telephone number and email address for the business, even if such information is the same as the individual's.
Section 2 Subsection (g) of Code Section 52-7-5 will be amended by revising the subsection. Subsection (g) states the same changes, with the addition of personal information such as height, weight, biometric identifiers etc., that subsection (k) states in the previous section of the bill. However, this subsection pertains generally to the numbering of vessels. The same revisions of the previous section pertaining to businesses are also stated in the revised subsection (g). - Authored By: Rep. David Knight of the 126th - Committee Action: Do Pass by Committee Substitute
Governmental Affairs
HB 636 - Brookhaven, City of; provide a charter
- BILL SUMMARY: The House Committee on Governmental Affairs substitute to HB 636 provides for a public referendum for the incorporation of the city of Ashford. Further, it contains the proposed charter for the city. In the original version, the proposed city was named Brookhaven. - Authored By: Rep. Mike Jacobs of the 80th - Committee Action: Do Pass by Committee Substitute
Intragovernmental Coordination - Local
HB 839 - Paulding County; Board of Education; revise districts
- BILL SUMMARY: A Bill to reapportion the Paulding County Board of Education. - Authored By: Rep. Howard Maxwell of the 17th - Committee Action: Do Pass
State Institutions & Property
HB 653 - Inmate policies; restraint on pregnant female inmates; prohibit
- BILL SUMMARY: This Bill prevents the Department of Corrections from restraining pregnant female inmates during labor, delivery and post-delivery recovery unless the inmate is in danger of harming herself or others. - Authored By: Rep. Stephanie Benfield of the 85th - Committee Action: Tabled
State Institutions & Property
HB 816 - Georgia Buy American Act; enact
- BILL SUMMARY: This bill would establish a preference for products made in the United States, for15 percent of all competitive procurements made by state agencies. There is an exception if the purchasing agency determines that the procured products are not available in adequate quantity. However, in this case that finding shall be posted for a 30-day public comment period, and the agency shall work with other state agencies to create a plan to ensure a domestic supply will be available in the future. A contractor who knowingly does not use products made in the United States can be barred from contracting with the state for five years, and the purchasing agency may recover civil damages in the amount of three times the value of the preference. - Authored By: Rep. Virgil Fludd of the 66th - Committee Action: Tabled

State Institutions & Property
HB 863 - State purchasing; purchases without competitive bidding; change certain provisions
- BILL SUMMARY: This Bill, entitled "The Small Business Assistance Act of 2012," allows supplies, materials, equipment and service that can reasonably be acquired for less than $25,000 and are not on a state contract to be purchased without competitive bidding. The Commissioner of the Department of Administrative Services will be in charge of setting rules and regulations for agencies to do this. The Bill also creates a Purchasing Advisory Council comprised of the Director of the Georgia Technology Authority, the Director of the Office of Planning and Budget, the Chancellor of the University System of Georgia, the Commissioner of the Technical College System of Georgia, the Commissioner of Transportation, the Secretary of State, the Commissioner of Human Services, the Commissioner of Community Health, the Commissioner of Public Health, the Commissioner of Behavioral Health and Developmental Disabilities, and one member appointed by the Governor. Rules and regulations regarding the governing of the Council will also be set by the Commissioner of Administrative Services.
The Bill also defines "Georgia Resident Business" and defines a "small business" as a Georgia resident business that has fewer than 500 employees or less than $50 million per year in gross receipts. - Authored By: Rep. Matt Hatchett of the 143rd - Committee Action: Tabled
State Institutions & Property
HR 1325 - Congress; amend Communication Act of 1934; permit use of cellular jammers; urge
- BILL SUMMARY: HR 1325 urges Congress to amend the Communications Act of 1934 to allow the use of cell phone "jamming" technology in Georgia prisons. This is currently prohibited. This resolution addresses the growing problem of cell phones in the prison system, which are being used for gang activity, to retaliate against guards, and for other nefarious purposes. In 2011 the Department of Corrections confiscated 8,500 cell phones in Georgia prisons, threatening the safety of both staff and inmates. - Authored By: Rep. Mike Cheokas of the 134th - Committee Action: Do Pass
Transportation
HB 817 - Transportation, Department of; power to contract; amend limitations
- BILL SUMMARY: This is the annual Department of Transportation housekeeping bill. It amends several Code sections relating to GDOT.
Section 1 raises the max expenditure contracted for construction and maintenance of public roads from $100,000 to $250,000. This section also raises the same expenditure in emergency situations for construction or maintenance to $250,000 when the work requires completion without delay of advertising for public bids.
Section 2 amends Code Section 32-2-64 by allowing the posting of a bid on the department's website to satisfy the public bid requirement.
Section 3 amends Code Section 32-2-69 by allowing the posting of a bid to the department's website to be the equivalent of having read the bid.
Section 4 amends Code Section 32-2-81 relating to design-build projects and procedure of the department by changing the cap for design-build projects to 50 percent of the total amount of construction projects awarded in the previous fiscal year.
Section 5 amends 32-4-20 relating to the composition of state highway system. Adds an additional possible requirement in that the road serves as part of a programmed road improvement project plan in which the department will utilize state or federal funds for the acquisition of rights of way.
Section 6 provides a new Code Section 32-6-5 which allows the department to close or limit access to any portion of road on the state highway system due to inclement weather. Requires signage indicating that a portion of road has been closed or access limited. The department must notify drivers through posted signage that tire chains, four wheel drive with adequate tires for existing conditions, or snow tires with an all weather rating from the manufacturer are required to proceed. Commercial vehicles, except buses, with 4 or more drive wheels shall have tire chains on at least 4 of the drive wheels. Bus operators must put chains on at least 2 of the drive wheel tires. A tire chain is defined as metal chains which consist of 2 circle metal loops positioned on each side of a tire, connected by not less than 9 evenly spaced chains across the tread of the tire or any other traction devices capable of providing traction equal to or exceeding that of such metal chains. There is an exemption from these requirements for a tow operator who is towing a motor vehicle or traveling to a site from which a motor vehicle shall be towed or to emergency responders traveling the roadway in order to fulfill their duties.

Section 7 amends Code Section 32-6-26 relating to weight and load limits by removing the requirement for the approval of commissioner for the designation of a truck route on county roads and requires the county notify GDOT of the designation within ninety days.
Section 8 amends Code Section 32-6-50 by removing the requirement for the approval of the commissioner of GDOT for the designation of a truck route. - Authored By: Rep. Chad Nimmer of the 178th - Committee Action: Do Pass by Committee Substitute
Transportation
HB 835 - Vehicles; 5 percent variance of weight limitations for towing disabled commercial vehicles; provide
- BILL SUMMARY: HB 835 provides for an "Annual Commercial Wrecker Emergency Tow Permit" to be issued by the Commissioner of the Department of Transportation for vehicles towing disabled, damaged, or wrecked commercial vehicles even though such wrecker or its load exceeds the maximum limits specified in Code Section 32-6-28. The bill prohibits the authorization of the operation of a vehicle whose single axle weight exceeds 21,000 pounds, whose load on any tandem axle exceeds 40,000 pounds, or whose total load length exceeds 125 feet. The fee for this permit is $500.00. - Authored By: Rep. Jay Roberts of the 154th - Committee Action: Do Pass by Committee Substitute
Transportation
HR 879 - Transportation, Department of; prioritize certain projects; urge
- BILL SUMMARY: This resolution urges the Georgia Department of Transportation to prioritize the necessary upgrades to SR 17 between I-20 in Thompson, Georgia, and I-85 in Lavonia, Georgia, as part of its development of a state-wide transportation network. - Authored By: Rep. Tom McCall of the 30th - Committee Action: Do Pass
Transportation
HR 1237 - Federal government; cease collection of motor fuel taxes in Georgia; urge
- BILL SUMMARY: This resolution urges that the funds collected under the federal gas tax to immediately available to individual states to fund their transportation needs and urges the federal government to cease the collection of motor fuel taxes in Georgia so that the state can collect an distribute the taxes without delay caused by federal collection and disbursement. - Authored By: Rep. Charles E. Martin of the 47th - Committee Action: Do Pass
Ways & Means
HB 289 - Ad valorem tax exemptions; revise a definition
- BILL SUMMARY: This legislation affects the updates the property tax brackets in 48-5-40 (3)(L) which lists the possible qualification for a Homestead Exemption. Currently subsection (L) only pertains to Butts County and with the adjustment continues to only affect the same. - Authored By: Rep. Andrew J. Welch of the 110th - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 407 - Payment of taxes; population bracket under 2010 census; update
- BILL SUMMARY: This legislation updates two sets of property brackets in 48-5-24 in subsections (b) and (e). This is to ensure that the property tax penalty for late payment established in subsection (b) of the code continues to only affect DeKalb County. Additionally, the penalty for late payment of property taxes located in subsection (e) of the code will continue to only affect Cobb County. - Authored By: Rep. Sam Teasley of the 38th - Committee Action: Do Pass by Committee Substitute

Ways & Means
HB 634 - Ad valorem tax; population brackets and census; change provisions
- BILL SUMMARY: This legislation adjusts the population brackets in 48-5-24 (c)(1). In doing so the act continues to only affect Fulton County, and does not affect Gwinnett County which has a population that would now be covered under the act. - Authored By: Rep. Donna Sheldon of the 105th - Committee Action: Do Pass
Ways & Means
HB 729 - Revenue and taxation; Internal Revenue and Internal Revenue Code of 1986; define terms
- BILL SUMMARY: Section 1 This section merely updates the code to reflect taxable years January 1, 2011 through January 1, 2012. This is legislation needed to conform our tax code to the IRC and without this compliance costs increase.
Section 2 Strikes "of one-quarter of a mill" and inserts "as prescribed in Code Section 48-5-8", to reflect the changes made to the state portion of property tax that is scheduled to be repealed.
Section 3 A TRAC lease is specifically designed for over-the-road vehicles and trailers.
This lease contains a Terminal Rental Adjustment Clause (TRAC) that guarantees your business a certain residual price for the vehicle when the lease expires. This is the most common type of lease for business owners who want the option of buying the vehicle for a predetermined price at the end of the lease.
Section 4 This section allows for insulin regardless of whether it is dispensed with a prescription or not to be tax exempt.
Section 5 Effective Dates
Section 6 Conflicts Repealed - Authored By: Rep. David Knight of the 126th - Committee Action: Do Pass by Committee Substitute
* Bills passing committees are reported to the Clerk's Office, and are then placed on the General Calendar.
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COMMITTEE MEETING SCHEDULE

TBD
8:00 AM - 9:00 AM 8:00 AM - 9:00 AM 8:00 AM - 9:00 AM 9:00 AM - 10:00 AM 1:00 PM - 2:30 PM 1:00 PM - 2:00 PM 1:30 PM - 3:00 PM 2:00 PM - 5:00 PM 2:00 PM - 3:00 PM
2:00 PM - 5:00 PM
2:00 PM - 3:00 PM 2:00 PM - 3:00 PM 2:00 PM - 3:00 PM 3:00 PM - 4:00 PM 3:00 PM - 5:00 PM 3:00 PM - 5:00 PM 3:00 PM - 5:00 PM 3:00 PM - 4:00 PM

Wednesday, February 08, 2012
Floor Session
INSURANCE SCIENCE & TECHNOLOGY AGRICULTURE & CONSUMER AFFAIRS RULES JUDICIARY NON-CIVIL Energy Subcommittee of Energy, Utilities & Telecommunications Appropriations Higher Education Subcommittee Appropriations Health Subcommittee DEFENSE & VETERANS AFFAIRS SPECIAL COMMITTEE ON SMALL BUSINESS DEVELOPMENT & JOB CREATION INDUSTRIAL RELATION REGULATED INDUSTRIES RETIREMENT MOTOR VEHICLES HEALTH & HUMAN SERVICES Jacobs Subcommittee (Subcommittee Two) Judiciary Civil Academic Support Subcommittee of Education INTRAGOVERNMENTAL COORDINATION

HOUSE CHAMBER (10:00am) 606 CLOB 506 CLOB 403 CAP 341 CAP 132 CAP 415 CLOB 341 CAP 506 CLOB 415 CLOB
406 CLOB
606 CLOB 515 CLOB 403 CAP 515 CLOB 606 CLOB 132 CAP 216 CAP 403 CAP

* This meeting schedule is up to date at the time of this report, but meeting dates and times are subject to change. To keep up with the latest schedule please visit www.house.ga.gov and click on Meetings Calendar.

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