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HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Committee Schedule | Calendar | Local Calendar | Special Calendar | Journal | Menu |

House Journal


Day 01 (01-11-2012)
Day 02 (01-12-2012)
Day 03 (01-13-2012)
Day 06 (01-16-2012)
Day 07 (01-17-2012)
Day 08 (01-18-2012)
Day 09 (01-19-2012)
Day 10 (01-20-2012)
Day 13 (01-23-2012)
Day 14 (01-24-2012)
Day 15 (01-25-2012)
Day 16 (01-26-2012)
Day 17 (01-27-2012)
Day 20 (01-30-2012)
Day 21 (01-31-2012)
Day 22 (02-01-2012)
Day 23 (02-02-2012)
Day 24 (02-03-2012)
Day 27 (02-06-2012)
Day 28 (02-07-2012)
Day 29 (02-08-2012)
Day 30 (02-09-2012)
Day 31 (02-10-2012)
Day 34 (02-13-2012)
Day 35 (02-14-2012)
Day 36 (02-15-2012)
Day 37 (02-16-2012)
Day 38 (02-17-2012)
Day 41 (02-20-2012)
Day 42 (02-21-2012)
Day 43 (02-22-2012)
Day 44 (02-23-2012)
Day 45 (02-24-2012)
Day 48 (02-27-2012)
Day 49 (02-28-2012)
Day 50 (02-29-2012)
Day 51 (03-01-2012)
Day 52 (03-02-2012)
Day 55 (03-05-2012)
Day 57 (03-07-2012)
Day 58 (03-08-2012)
Day 61 (03-11-2012)
hdj2012-1-27-17


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Friday, January 27, 2012

SEVENTEEN DAY

[Mr. Speaker, Mr. Thompson, in the Chair]

                              

     The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Rick Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Thursday, January 26, 2012, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

     Chairman Poling, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration:
     H. B. 4055, Creating a separate category within the Underwood-Smith Teacher Scholarship Program,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (H. B. 4055) was referred to the Committee on Finance.
     Chairman Poling, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration:
     H. B. 4125, Correcting date for schools to send notice to parents alerting them to the existence of the school's crisis response plan,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4125 - "A Bill to amend and reenact §18-9F-9 of the Code of West Virginia, 1931, as amended, relating to synchronizing the requirement for schools to send notices to parents and guardians about the school's crisis response plan and their ability to review a redacted copy with the requirements for filing the plan with the county board,"
     With the recommendation that the committee substitute do pass.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 4139, Barbers and cosmetologists, procedures, criteria and curricula for examinations and licensure,
     H. B. 4140, Barbers and cosmetologists, shampoo assistants,
     H. B. 4143, Deaf and Hard of Hearing Commission, fees for interpreters,
     H. B. 4178, Racing Commission, simulcast pari-mutuel wagering at authorized gaming facility in historic resort hotel,
     H. B. 4185, Barbers and cosmetologists, rules for licensing schools,
     And,
     H. B. 4190
, Dental Examiners Board, fees,
     And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bills (H. B. 4139, H. B. 4140, H. B. 4143, H. B. 4178, H. B. 4185 and H. B. 4190) were each referred to the Committee on the Judiciary.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 4189, Deaf and Hard of Hearing Commission, required qualifications and standards for interpreters,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bill(H. B. 4189) was referred to the Committee on the Judiciary.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 4103, Consolidating of government services and enforcement of laws pertaining to the motor carrier industry,
     And,
     H. B. 4291, Relating to county law libraries established by the Supreme Court of Appeals,
     And reports the same back with the recommendation that they each do pass.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 4292, Authorizing the West Virginia Supreme Court of Appeals to establish a reasonable fee of compensation for mental hygiene services,
     And,
     H. B. 4293, Increasing the compensation caps for secretary-clerks and case coordinators in the family court,
     And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bills (H. B. 4292 and H. B. 4293) were each referred to the Committee on Finance.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 4046, Repealing obsolete code provisions,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4046 - "A Bill to repeal §16-1-16 of the Code of West Virginia, 1931, as amended; to amend and reenact §5A-1-11 of said code; to amend and reenact §9-2-1a of said code; to amend and reenact §18-10A-2 of said code; to amend and reenact §19-1-3a of said code; to amend and reenact §22C-12-6 of said code; to amend and reenact §24A-1A-2 of said code; and to amend and reenact §47A-1-1 of said code, all relating to removing obsolete code provisions,"
     With the recommendation that the committee substitute do pass.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 4062, Creating an in-home direct care workforce registry,
    And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4062 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5P-15, relating to establishing an in-home care registry; defining terms; requiring the Bureau of Senior Services to develop and maintain the registry; providing legislative rule-making authority to the bureau; and specifying certain requirements to be provided in the legislative rule",  
     With the recommendation that the committee substitute do pass.
Messages from the Executive

     Mr. Speaker, Mr. Thompson, presented a communication from His Excellency, the Governor, advising that on January 26, 2012, he approved Com. Sub. for H. B. 4086.
Resolutions Introduced

     Delegate Pethtel offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 43 - "Requesting the Division of Highways to name the bridge on WV Route 82, crossing South Fork Fishing Creek in Wetzel County, bridge number 52-82-0.03, as the "Ralph Ice Bridge".
     Whereas, Ralph Ice was born on March 31, 1921 in Smithfield, West Virginia, one of twelve children of Esten and Flossie Bell Ice; and
     Whereas, Ralph Ice enlisted in the United States Army in 1942 and was sent to fight in the Battle of the Bulge in 1944; and
     Whereas, Ralph Ice was a member of the 89th Infantry Division that liberated Ohrdruf, the first Nazi concentration camp to be liberated by U.S. Troops in Germany, on April 4, 1945; and
     Whereas, Ralph Ice was awarded the Bronze Star Medal, the Combat Infantry Medal, and a medal for Service Behind Enemy Lines, all earned for his brave service in Germany, England, Belgium and Austria; and
     Whereas, Ralph Ice married Fairy Louise LaSure Kelley in 1946, and together they moved to Jacksonburg, WV, where they raised six children and two foster children; and
     Whereas, Ralph Ice was the longest serving Postmaster of Jacksonburg, serving 39 years from 1948 until 1986; and
     Whereas, Ralph Ice was the President of the Jacksonburg School PTA and the Sportsman's Club of Buffalo, and was instrumental getting the Jacksonburg streets paved; and
     Whereas, Ralph Ice and his family moved to New Martinsville in 1972, where they opened Magnolia Carpet Store; and
     Whereas, It is fitting to honor Ralph Ice for his life-long service to our nation and his community; and
     Whereas, The naming of a bridge in honor of Ralph Ice's exemplary life is but a small gesture of gratitude and appreciation; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name the bridge on WV Route 82, crossing over South Fork Fishing Creek in Wetzel County, bridge number 52-82-0.03, as the "Ralph Ice Bridge"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Ralph Ice Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation, the Commissioner of Highways, and to Ralph Ice.
Petitions

     Delegate Shaver presented a petition on behalf of employees of the West Virginia Division of Juvenile Services at the Kenneth "Honey" Rubenstein Juvenile Center in Davis, West Virginia, regarding donated annual leave; which was referred to the Committee on Government Organization.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Talbott, Crosier, Romine, Shaver, Hamilton, Azinger and Ireland
     [By Request of the Division of Natural Resources]:
     
H. B. 4322 - "A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended, relating to hunting; adding coyote and fox to the list of species in which any color artificial light is permitted for hunting at night; removing redundant language relating to hunting while under the influence of alcohol; and referencing Class Y special crossbow hunting permits"; to the Committee on Natural Resources then the Judiciary.
By Delegates Smith, Pethtel, Moye, Craig, Ellem, Poore, Reynolds, Hunt, Walters, Manchin and Brown:
     
H. B. 4323 - "A Bill to amend and reenact §18A-3-2a of the Code of West Virginia, 1931, as amended, relating to issuance of a barrister's certificate to teach course specific curricula in West Virginia public schools"; to the Committee on Education.
By Delegates Caputo, White, Poore, Armstead, Lawrence and Walters:
     
H. B. 4324 - "A Bill to amend and reenact §15-2-3 of the Code of West Virginia, 1931, as amended, relating to the State Police structure and how established; authorizing entry-level training to be provided without a fee; and creating a special revenue account for the West Virginia State Police Academy Fund"; to the Committee on Veterans' Affairs and Homeland Security then Finance.
By Delegates Mahan and Guthrie:
     
H. B. 4325 - "A Bill to amend and reenact §5-3-2 of the Code of West Virginia, 1931, as amended, relating to granting the Attorney General prosecutorial power"; to the Committee on Government Organization then the Judiciary.
By Delegate Staggers:
     
H. B. 4326 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-14C-49, relating to the suspension or elimination of the federal gas tax and distribution of money"; to the Committee on Finance.
By Delegates Hatfield, D. Poling, Brown and Staggers:
     
H. B. 4327 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-44-1 and §16-44-2, all relating to requiring pulse oximetry testing for newborns"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Talbott, Crosier, R. Phillips, Anderson, Azinger, Rodighiero, Hamilton and Hall
     [By Request of the Division of Natural Resources]:
     
H. B. 4328 - "A Bill to amend and reenact §20-2-22 of the Code of West Virginia, 1931, as amended, relating to tagging of certain game animals; and removing bobcats from the list of species requiring a field tag"; to the Committee on Natural Resources then the Judiciary.
By Delegates Caputo, Longstreth and Manchin:
     
H. B. 4329 - "A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended, relating to hunting or taking of unprotected species of wild animals, wild birds and migratory wild birds in the woods of this state during open season"; to the Committee on Natural Resources then the Judiciary.
By Delegates Staggers, L. Phillips, Varner, Butcher, Cann, Ferns, R. Phillips, Paxton, Stowers, Iaquinta and Longstreth:
     
H. B. 4330 - "A Bill to amend and reenact §17B-2-1 and §17B-2-6 of the Code of West Virginia, 1931, as amended, all relating to issuance of driver's license; and providing that licenses issued under this section may contain information designating the licensee as a person who is an honorably discharged veteran of any branch of the Armed Forces of the United States and redefining 'previously licensed' as an applicant who has held at least a level two or similar driver's licensing level or class"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Lane:
     
H. B. 4331 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-4-32, relating to requiring the Commissioner of Highways to take all actions necessary to include Pine Terrace in Cross Lanes, Kanawha County into the State Road System"; to the Committee on Roads and Transportation then Finance.
By Delegates Stowers, Phillips, R. and Barker:
     
H. B. 4332 - "A Bill to amend and reenact §16-5V-9 of the Code of West Virginia, 1931, as amended, relating to transfer of service credit from Public Employees Retirement System to Emergency Medical Services Retirement System"; to the Committee on Pensions and Retirement then Finance.
By Delegates Gearheart, Ellington and Householder:
     
H. B. 4333 - "A Bill to amend and reenact §18-9D-15 and §18-9D-16 of the Code of West Virginia, 1931, as amended, all relating to the School Building Authority; eliminating local participation in funding school construction projects and the associated limited funding reserve; eliminating certain regional planning activities when evaluating proposed construction projects; eliminating the requirement of a county board's efforts in school bond issues being a consideration when evaluating proposed projects; eliminating the requirement that counties receive explanations detailing the authority's decision concerning the funding of projects; requiring funds awarded by the School Building Authority must be consistent with the evaluation report of the School Building Authority; and declaring certain documents related to funding consideration to be public documents and available to the public upon request"; to the Committee on Education then Finance.
By Delegates Longstreth, Frazier, Hamilton, Miley, Caputo, Hall, Swartzmiller and Skaff:
     
H. B. 4334 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-13-1, §61-13-2, §61-13-3, §61-13-4, §61-13-5, §61-13-6, §61- 13-7, §61-13-8, §61-13-9, §61-13-10, §61-13-11, §61-13-12, §61-13-13, §61-13-14, §61-13-15, §61- 13-16, §61-13-17, §61-13-18, §61-13-19, §61-13-20, §61-13-21, and §61-13-22 all relating to establishment of the West Virginia Civil and Criminal Forfeiture Act; establishing civil and criminal forfeiture proceedings pertaining to property and assets used in, acquired, gained or flowing from gained from various criminal activities and juvenile offenses; providing definitions; statement of purpose of forfeitures; identifying property subject to forfeiture; establishing exemptions; providing the state with provisional title to property subject to forfeiture; establishing procedures seizure of property; establishing protections for innocent third party owners and interest holders; establishing a procedure for processing uncontested forfeitures; establishing general procedures for challenging and evaluating forfeiture procedures; providing for the filing and processing of petitions for in rem forfeiture proceedings; providing for the filing and processing and establishing related procedures for in personam forfeiture proceedings; allowing additional procedures applicable in criminal and civil proceedings in which forfeiture of property is sought; allowing for forfeiture of and execution on substitute property under certain conditions; allowing for release of seized property upon provision of adequate security bond or deposit; providing certain exceptions and limitations; establishing procedures for forfeiture; establishing burdens of proof; providing for the seizure and disposition of forfeited and other property; civil forfeiture action and pretrial hardship release; establishing the crime of interference with or diminishing forfeitable property; providing right to trial by jury; creating standards and procedures for care of property in law-enforcement custody; providing provisions for the sale of forfeited property; prioritizing and directing the application of proceeds and forfeiture funds; providing exceptions; and criminal penalties"; to the Committee on the Judiciary.
By Delegates White, Doyle and Walters:
     
H. B. 4335 - "A Bill to amend and reenact §11-15B-2, §11-15B-2a, §11-15B-24, §11-15B- 25, §11-15B-26, §11-15B-30, §11-15B-32, §11-15B-33 and §11-15B-34 of the Code of West Virginia, 1931, as amended, all relating to the administration of sales and use tax generally; adding new definitions; clarifying present definitions; incorporating changes to the Streamlined Sales and Use Tax Agreement; adding a computer software maintenance contract as a Streamlined Sales and Use Tax Agreement defined term; relieving seller of tax liability in certain instances; clarifying due dates that fall on weekends and legal holidays; eliminating monetary allowance for certain sellers; providing new effective dates; clarifying state administration of state and local sales and use taxes, bases and exceptions"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Armstead
     
[By Request of the Executive]:
     
H. B. 4336 - "A Bill to amend and reenact §16-1-4 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §16-1-19; to amend said code by adding thereto a new article, designated §16-5H-1, §16-5H-2, §16-5H-3, §16-5H-4, §16-5H- 5, §16-5H-6, §16-5H-7, §16-5H-8, and §16-5H-9; to amend and reenact §30-1-7a of said code; to amend and reenact §30-5-3 of said code; to amend and reenact §60A-9-3, §60A-9-4, and §60A-9-5; to amend and reenact §60A-10-3, §60A-10-4, §60A-10-5, §60A-10-7, and §60A-10-8 of said code; and to amend and reenact §61-12-10 of said code, all relating to substance abuse, generally; addressing the regulation of opioid treatment programs in this state; updating rules for opioid treatment program facilities to require clinical guidelines, recovery models, education and training requirements for treatment facility staff and treatment limitations and requirements; requiring clinical monitoring of opioid treatment programs; creating an advisory council for opioid treatment programs; addressing the licensing and oversight of chronic pain management clinics; creating the Chronic Pain Clinic Licensing Act; providing definitions; establishing requirements for ownership, licensure, operation and management of pain management clinics; establishing limitations on the dispensing of controlled substances at a pain management clinic; requiring annual inspections of pain management clinics; providing for suspension or revocation of a pain management clinic license and setting forth due process requirements; providing for prohibitions on practicing at or operating a pain management clinic under certain circumstances; providing civil penalties regarding pain management clinics; requiring rules for the licensure of pain management clinics; requiring certain licensing boards to establish drug diversion training and best practice prescribing of controlled substances training; requiring certain licensed or certified healthcare professionals to complete drug diversion training and best practice prescribing of controlled substances training; requiring a valid practitioner-patient relationship to exist prior to compounding or dispensing prescriptions; defining valid practitioner-patient relationship; requiring certain persons to submit information to the controlled substances reporting system within twenty-four hours; requiring additional information to be submitted to the controlled substances reporting system; clarifying that reporting is required for certain amounts of drugs dispensed to patients; providing certain requirements and training for law-enforcement officials in order to access the controlled substance monitoring database; permitting the Controlled Substance Monitoring Program Database Review Committee to query the substance monitoring database; requiring the Board of Pharmacy to review the substance monitoring system in order to issue certain reports; permitting the Board of Pharmacy to share certain information contained in the substance monitoring system with the Department of Health and Human Resources; requiring the Board of Pharmacy to establish an advisory committee; outlining the advisory committee's scope and duties; requiring the Board of Pharmacy to create a Controlled Substances Monitoring Program Database Review Committee; outlining the review committee's scope, powers and duties; requiring the Board of Pharmacy to promulgate certain legislative rules; permitting prescribing practitioners to notify law enforcement of certain violations with immunity; establishing a felony offense and penalties for unauthorized access, use or disclosure of information contained in the substance monitoring database; requiring the Board of Pharmacy to provide annual reports to the Legislature; defining and removing definitions in the Methamphetamine Laboratory Eradication Act; establishing restrictions on the sale, transfer, or dispensing of ephedrine, pseudoephedrine and phenylpropanolamine by pharmacies; establishing criminal penalties for purchasing, receiving, or possessing certain quantities of ephedrine, pseudoephedrine and phenylpropanolamine; establishing criminal penalties for pharmacies, wholesalers or other entities which sells, transfers or dispenses a product under certain circumstances; amending the restrictions on the sale, transfer or delivery of certain designated precursors to the manufacture of methamphetamine or other controlled substances; requiring certain processing requirements of pharmacists, pharmacy interns, and pharmacy technicians; establishing use and requirements of the Multi-State Real-Time Tracking System; requiring pharmacies and retail establishments to electronically submit certain information to the Multi-State Real-Time Tracking System; requiring pharmacies and retail establishments to stop pending sales under certain circumstances; limiting liability of retailers utilizing the Multi-State Real-Time Tracking System under certain circumstances; requiring pharmacies or retail establishments to maintain written logs or electronic record keeping databases under certain circumstances; providing supersession and preemption of all local laws, ordinances, and regulations pertaining to the sale of certain substances; amending reporting requirements and requiring real time electronic reporting of certain information; requiring that reported information is subject to random and warrantless inspection by certain persons; requiring the National Association of Drug Diversion Investigators to forward certain records to the West Virginia State Police and provide real-time access to the Multi-State Real-Time Tracking System; and requiring the chief medical officer to provide notice to the Database Review Committee in the case of a death caused by overdose"; to the Committee on Health and Human Resources then the Judiciary.
House Calendar

Third Reading

     Com. Sub. for H. B. 4238, Establishing procedures for address confidentiality program participants on the special absentee voting list; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 17), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Crosier, Kump, Longstreth, Manchin, Michael and Swartzmiller.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4238) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     H. B. 4251, Relating generally to amendments to the uniform commercial code; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 18), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Crosier, Kump, Longstreth, Manchin, Michael and Swartzmiller.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4251) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

     The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
     Com. Sub. for H. B. 4107, Relating to volunteer firefighter training,
     And,
     Com. Sub. for H. B. 4250, Creating the Uniform Real Property Electronic Recording Act.
First Reading

     
Com. Sub. for H. B. 4060, Relating to prohibiting sexual acts between correctional personnel and persons incarcerated, or on parole or probation; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Crosier, Kump, Longstreth, Manchin, Michael and Swartzmiller.
Remarks of Members

     Delegates Perdue and Poore addressed the House regarding the recent death of Mildred Mitchell-Bateman, esteemed pioneer in the field of mental health and progressive advocate for reform in the treatment and care of mental health patients.
     In the absence of objections, the aforementioned remarks of Delegates Perdue and Poore were ordered printed in the Appendix to the Journal.
     At 11:20 a.m., the House of Delegates adjourned until 1:00 p.m., Monday, January 20, 2012.

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