senate journal - iowa 01, 2019.pdf · yeas, 34: behn brown carlin chapman costello cournoyer dawson...

PROOF

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STATE OF IOWA

Senate Journal

MONDAY, APRIL 1, 2019

Printed daily by the State of Iowa during the sessions of the General Assembly. An

official corrected copy is available for reference in the Secretary of the Senate’s Office.

(The official bound copy will be available after a reasonable time upon adjournment.)

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798 JOURNAL OF THE SENATE 78th Day

JOURNAL OF THE SENATE

__________

SEVENTY-EIGHTH CALENDAR DAY

FORTY-FIFTH SESSION DAY

Senate Chamber

Des Moines, Iowa, Monday, April 1, 2019

The Senate met in regular session at 1:04 p.m., President

Schneider presiding.

Prayer was offered by Pastor Tony Stec, of the Valley Church in

West Des Moines, Iowa. He was the guest of Senator Lofgren.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Senate Page Seth Fiala.

The Journal of Thursday, March 28, 2019, was approved.

RECESS

On motion of Senator Whitver, the Senate recessed at 1:06 p.m.

until the completion of the committee on Rules and Administration.

RECONVENED

The Senate reconvened at 1:10 p.m., President Schneider

presiding.

INTRODUCTION OF RESOLUTION

Senate Resolution 17, by Giddens, Johnson, and Dotzler, a

resolution for recognizing and congratulating Drew Foster on winning

the 2019 National Collegiate Athletic Association Division I

Wrestling National Championship in the 184-pound weight class.

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

and Administration.

https://www.legis.iowa.gov/legislation/BillBook?ga=88&ba=SR17

78th Day MONDAY, APRIL 1, 2019 799

FINAL COMMITTEE REPORTS OF BILL ACTION

RULES AND ADMINISTRATION

Bill Title: SENATE RESOLUTION 15, a resolution for commending Iowa Public

Television on the statewide educational network’s 50th anniversary and recognizing

March 31, 2019, as Iowa Public Television Day at the Iowa State Capitol.

Recommendation: DO PASS.

Final Vote: Yeas, 10: Whitver, Schneider, Petersen, Behn, Bolkcom, Feenstra,

Jochum, Ragan, Sinclair, and R. Smith. Nays, none. Absent, 1: Chapman.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO

Bill Title: SENATE RESOLUTION 17, a resolution for recognizing and congratulating

Drew Foster on winning the 2019 National Collegiate Athletic Association Division I

Wrestling National Championship in the 184-pound weight class.

Recommendation: DO PASS.

Final Vote: Yeas, 10: Whitver, Schneider, Petersen, Behn, Bolkcom, Feenstra,

Jochum, Ragan, Sinclair, and R. Smith. Nays, none. Absent, 1: Chapman.


CONSIDERATION OF RESOLUTIONS

(Regular Calendar)

Senator Whitver asked and received unanimous consent to take up

for consideration Senate Resolutions 15 and 17.

Senate Resolution 15

On motion of Senator Sinclair, Senate Resolution 15, a

resolution for commending Iowa Public Television on the statewide

educational network’s 50th anniversary and recognizing March 31,

2019, as Iowa Public Television Day at the Iowa State Capitol, with

report of committee recommending passage, was taken up for

consideration.

Senator Sinclair moved the adoption of Senate Resolution 15,

which motion prevailed by a voice vote.







Senate Resolution 17

On motion of Senator Giddens, Senate Resolution 17, a

resolution for recognizing and congratulating Drew Foster on winning

the 2019 National Collegiate Athletic Association Division I

Wrestling National Championship in the 184-pound weight class,

with report of committee recommending passage, was taken up for

consideration.

Senator Johnson moved the adoption of Senate Resolution 17,

which motion prevailed by a voice vote.

The Senate stood at ease at 1:20 p.m. until the fall of the gavel for

the purpose of party caucuses.

The Senate resumed session at 3:56 p.m., President Schneider

presiding.

BILL REFERRED TO COMMITTEE

President Schneider announced that Senate File 515 was

referred from the Regular Calendar to the committee on Ways and

Means under Senate Rule 38.

CONSIDERATION OF BILL

(Regular Calendar)


for consideration Senate File 227.

Senate File 227

On motion of Senator Brown, Senate File 227, a bill for an act

relating to the display of registration plates on motor vehicles, was

taken up for consideration.

Senator Brown 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. 227), the vote was:




https://www.legis.iowa.gov/legislation/BillBook?ga=88&ba=SF515






Yeas, 34:

Behn Brown Carlin Chapman

Costello Cournoyer Dawson Edler

Feenstra Garrett Greene Guth

Johnson Kapucian Koelker Kraayenbrink

Lofgren Lykam Miller-Meeks Nunn

Ragan Schneider Schultz Segebart

Shipley Sinclair Smith, J. Smith, R.

Sweeney Taylor, R. Taylor, T. Whiting

Whitver Zumbach

Nays, 14:

Bisignano Bolkcom Boulton Celsi

Dotzler Giddens Hogg Jochum

Kinney Mathis Petersen Quirmbach

Rozenboom Wahls

Absent, 2:

Breitbach Zaun

The bill, having received a constitutional majority, was declared to

have passed the Senate and the title was agreed to.

UNFINISHED BUSINESS

(Deferred March 28, 2019)

Senate File 334

The Senate resumed consideration of Senate File 334, a bill for

an act relating to public assistance program oversight, and

amendment S–3080, deferred March 28, 2019.

Senator Schultz moved the adoption of amendment S–3080.

Amendment S–3080 was adopted by a voice vote.

Senator Schultz moved that the bill be read the last time now and





https://www.legis.iowa.gov/legislation/BillBook?ga=88&ba=S3080





Yeas, 30:





Lofgren Miller-Meeks Nunn Rozenboom

Schneider Schultz Segebart Shipley

Sinclair Smith, R. Sweeney Whiting

Whitver Zumbach

Nays, 18:



Kinney Lykam Mathis Petersen

Quirmbach Ragan Smith, J. Taylor, R.

Taylor, T. Wahls

Absent, 2:

Breitbach Zaun



IMMEDIATELY MESSAGED

Senator Whitver asked and received unanimous consent that

Senate Files 227 and 334 be immediately messaged to the House.

CONSIDERATION OF BILLS

(Regular Calendar)


for consideration Senate Files 378, 462, 475, and 460.

Senate File 378

On motion of Senator Dawson, Senate File 378, a bill for an act

relating to the possession of marijuana, and providing penalties, was

taken up for consideration.





Senator Dawson moved that the bill be read the last time now and




Yeas, 40:

Bisignano Bolkcom Boulton Brown

Carlin Celsi Cournoyer Dawson

Dotzler Edler Garrett Giddens

Greene Hogg Jochum Johnson

Kapucian Kinney Koelker Kraayenbrink

Lofgren Lykam Mathis Miller-Meeks

Nunn Petersen Quirmbach Ragan


Sinclair Smith, J. Smith, R. Taylor, R.

Taylor, T. Wahls Whitver Zumbach

Nays, 8:

Behn Chapman Costello Feenstra

Guth Rozenboom Sweeney Whiting

Absent, 2:

Breitbach Zaun



Senate File 462

On motion of Senator Nunn, Senate File 462, a bill for an act

relating to restrictions on bailable defendants charged with homicide

by motor vehicle, was taken up for consideration.

Senator Nunn moved that the bill be read the last time now and




Yeas, 44:

Behn Bisignano Bolkcom Brown

Carlin Chapman Costello Cournoyer






Dawson Edler Feenstra Garrett

Giddens Greene Guth Hogg

Jochum Johnson Kapucian Kinney

Koelker Kraayenbrink Lofgren Lykam

Mathis Miller-Meeks Nunn Petersen

Quirmbach Ragan Rozenboom Schneider

Schultz Segebart Shipley Sinclair

Smith, J. Smith, R. Sweeney Taylor, T.

Wahls Whiting Whitver Zumbach

Nays, 4:

Boulton Celsi Dotzler Taylor, R.

Absent, 2:

Breitbach Zaun



Senate File 475

On motion of Senator Cournoyer, Senate File 475, a bill for an act

providing for notarial acts involving real estate transactions,

including by the use of electronic media, providing penalties, and

including effective date provisions, was taken up for consideration.

Senator Cournoyer offered amendment S–3082, filed by her on

March 27, 2019, striking and replacing everything after the enacting

clause and amending the title page of the bill.

Senator Cournoyer offered amendment S–3097, filed by her from

the floor to page 7 of amendment S–3082, and moved its adoption.

Amendment S–3097 to amendment S–3082 was adopted by a voice

vote.

Senator Cournoyer moved the adoption of amendment S–3082 as

amended.

Amendment S–3082, as amended, was adopted by a voice vote.











Senator Cournoyer 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.


Yeas, 48:

Behn Bisignano Bolkcom Boulton

Brown Carlin Celsi Chapman

Costello Cournoyer Dawson Dotzler

Edler Feenstra Garrett Giddens

Greene Guth Hogg Jochum

Johnson Kapucian Kinney Koelker

Kraayenbrink Lofgren Lykam Mathis

Miller-Meeks Nunn Petersen Quirmbach

Ragan Rozenboom Schneider Schultz

Segebart Shipley Sinclair Smith, J.

Smith, R. Sweeney Taylor, R. Taylor, T.


Nays, none.

Absent, 2:

Breitbach Zaun


have passed the Senate and the title, as amended, was agreed to.

Senate File 460

On motion of Senator Sweeney, Senate File 460, a bill for an act

relating to the dissemination and exhibition of obscene material to a

minor by the parent or guardian of the minor, and providing

penalties, was taken up for consideration.

Senator Sweeney moved that the bill be read the last time now and




Yeas, 48:


















Nays, none.

Absent, 2:

Breitbach Zaun





Senate Files 378, 460, 462, and 475 be immediately messaged to

the House.

CONSIDERATION OF BILLS

(Regular Calendar)


for consideration Senate File 577 and House File 698.

Senate File 577

On motion of Senator Garrett, Senate File 577, a bill for an act

establishing the criminal offense of sexual exploitation of a child with

a disability by an employee of a community college and providing


Senator Hogg offered amendment S–3103, filed by him from the

floor, to pages 1–3, and amending the title page of the bill, and moved

its adoption.



https://www.legis.iowa.gov/legislation/BillBook?ga=88&ba=HF698






Senator Garrett moved that the bill be read the last time now and




Yeas, 48:













Nays, none.

Absent, 2:

Breitbach Zaun


have passed the Senate and the title, as amended, was agreed to.

House File 698

On motion of Senator Lofgren, House File 698, a bill for an act

relating to the jurisdiction and management of pioneer cemeteries,

with report of committee recommending passage, was taken up for

consideration.

Senator Lofgren moved that the bill be read the last time now and



On the question “Shall the bill pass?” (H.F. 698), the vote was:

Yeas, 48:


















Nays, none.

Absent, 2:

Breitbach Zaun





Senate File 577 and House File 698 be immediately messaged to

the House.

UNFINISHED BUSINESS


Senate File 589


an act relating to criminal law and procedure including certain

related administrative proceedings, providing penalties, and

including effective date and applicability provisions, and amendment

S–3093, deferred March 28, 2019.

Senator Dawson moved the adoption of amendment S–3093.


Senator Kinney offered amendment S–3104, filed by him from the

floor, to pages 10 and 11 of the bill, and moved its adoption.

A record roll call was requested.










On the question “Shall amendment S–3104 be adopted?” (S.F. 589),

the vote was:

Yeas, 19:



Kapucian Kinney Lykam Mathis

Petersen Quirmbach Ragan Smith, J.

Taylor, R. Taylor, T. Wahls

Nays, 29:




Johnson Koelker Kraayenbrink Lofgren

Miller-Meeks Nunn Rozenboom Schneider


Smith, R. Sweeney Whiting Whitver

Zumbach

Absent, 2:

Breitbach Zaun

Amendment S–3104 lost.

Senator Celsi offered amendment S–3095, filed by Senators Celsi

and Wahls on March 28, 2019, to page 11 of the bill.

Senator Dawson raised the point of order that amendment S–3095

was not germane to the bill.

The Chair ruled the point well-taken and amendment S–3095 out

of order.

Senator Bisignano offered amendment S–3102, filed by him from

the floor, to page 18 of the bill.

Senator Dawson raised the point of order that amendment S–3102

was not germane to the bill.

The Chair ruled the point well-taken and amendment S–3102 out

of order.











Senator Dawson moved that the bill be read the last time now and




Yeas, 31:





Kraayenbrink Lofgren Miller-Meeks Nunn

Rozenboom Schneider Schultz Segebart

Shipley Sinclair Smith, R. Sweeney

Whiting Whitver Zumbach

Nays, 17:



Lykam Mathis Petersen Quirmbach

Ragan Smith, J. Taylor, R. Taylor, T.

Wahls

Absent, 2:

Breitbach Zaun




(Regular Calendar)



Senate File 283

On motion of Senator Edler, Senate File 283, a bill for an act

relating to conflicts of interest in certain government public contracts,

was taken up for consideration.







floor, striking and replacing everything after the enacting clause of

the bill, and moved its adoption.

A record roll call was requested.

On the question “Shall amendment S–3106 be adopted?” (S.F. 283),

the vote was:

Yeas, 18:



Kinney Lykam Mathis Petersen

Quirmbach Ragan Smith, J. Taylor, R.

Taylor, T. Wahls

Nays, 30:





Lofgren Miller-Meeks Nunn Rozenboom


Sinclair Smith, R. Sweeney Whiting

Whitver Zumbach

Absent, 2:

Breitbach Zaun



floor, to pages 1 and 2 of the bill, and moved its adoption.

A nonrecord roll call was requested.


Senator Edler moved that the bill be read the last time now and











Yeas, 45:

Behn Bisignano Bolkcom Brown

Carlin Chapman Costello Cournoyer

Dawson Dotzler Edler Feenstra

Garrett Giddens Greene Guth

Jochum Johnson Kapucian Kinney

Koelker Kraayenbrink Lofgren Lykam

Mathis Miller-Meeks Nunn Petersen

Quirmbach Ragan Rozenboom Schneider


Smith, J. Smith, R. Sweeney Taylor, R.

Taylor, T. Wahls Whiting Whitver

Zumbach

Nays, 3:

Boulton Celsi Hogg

Absent, 2:

Breitbach Zaun





Senate Files 283 and 589 be immediately messaged to the House.


(Regular Calendar)



Senate File 516

On motion of Senator Garrett, Senate File 516, a bill for an act

relating to the employment of unauthorized aliens and providing







Senator Hogg asked and received unanimous consent that action

on Senate File 516 be deferred.

UNFINISHED BUSINESS


Senate File 376


an act relating to the health education requirement for grades nine

through twelve under the education standards, deferred March 28,

2019.

The Chair ruled amendment S–3091, filed by Senators Mathis and

Quirmbach on March 28, 2019, striking and replacing everything

after the enacting clause and amending the title page of the bill, out

of order.

Senator Edler offered amendment S–3109, filed by him from the

floor to pages 1–2 of the bill.

Senator Quirmbach asked and received unanimous consent that

action on amendment S–3109 and Senate File 376 be deferred.

ADJOURNMENT

On motion of Senator Whitver, the Senate adjourned at 6:29 p.m.

until 9:00 a.m., Tuesday, April 2, 2019.

APPENDIX

CERTIFICATE OF RECOGNITION

The Secretary of the Senate issued the following certificate of

recognition:

Marilyn Sheahan, Sheffield—For celebrating her 90th birthday. Senator Ragan.









REPORT OF COMMITTEE MEETINGS

RULES AND ADMINISTRATION

Convened: Monday, April 1, 2019, 1:05 p.m.

Members Present: Whitver, Chair; Schneider, Vice Chair; Petersen, Ranking

Member; Behn, Bolkcom, Feenstra, Jochum, Ragan, Sinclair, and R. Smith.

Members Absent: Chapman (excused)

Committee Business: SR 15, SR 17

Adjourned: 1:10 p.m.

SUBCOMMITTEE ASSIGNMENTS

House File 289

VETERANS AFFAIRS: Carlin, Chair; Dawson and R. Taylor

House File 311

AGRICULTURE: Zumbach, Chair; Kinney and Shipley

House File 689

VETERANS AFFAIRS: Costello, Chair; Dawson and R. Taylor

House File 737

JUDICIARY: Zaun, Chair; Bisignano and Schultz

INTRODUCTION OF BILL

Senate File 609, by committee on Appropriations, a bill for an act

relating to and making appropriations and related statutory changes

involving state government entities involved with agriculture,

natural resources, and environmental protection, and including

effective date provisions.

Read first time under Rule 28 and placed on Appropriations

calendar.









FINAL COMMITTEE REPORT OF BILL ACTION

APPROPRIATIONS

Bill Title: *SENATE FILE 609 (SSB 1251), a bill for an act relating to and making

appropriations and related statutory changes involving state government entities

involved with agriculture, natural resources, and environmental protection, and

including effective date provisions.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Yeas, 12: Kraayenbrink, Costello, Garrett, Greene, Guth, Johnson,

Koelker, Lofgren, Miller-Meeks, Rozenboom, Schneider, and Shipley. Nays, 8:

Bolkcom, Celsi, Dotzler, Lykam, Mathis, Ragan, T. Taylor, and Wahls. Absent, 1:

Breitbach.


*Pursuant to Rule 40, the Legislative Services Agency reported nonsubstantive

changes to the members of the Appropriations Committee on Senate File 609, and they

were attached to the committee report.

BILL ATTACHED

House File 700 attached to similar Senate File 530.

REPORT OF THE SECRETARY OF THE SENATE

March 29, 2019

The Honorable Paul Pate

Secretary of State

Hand-Delivered

Re: Transmittal of Senate Joint Resolution 18

Dear Secretary Pate:

Please find the attached Senate Joint Resolution 18 for filing with your office and

appropriate publication as set out in Section 2 of the Resolution. The Resolution deals

with a proposed amendment to Iowa’s Constitution relating to the right of the people to

keep and bear arms.

Pursuant to Joint Senate/House Rule 21(2), this specific type of “joint resolution” does

not require consideration and signature by the Governor.

Sincerely,

W. Charles Smithson

Secretary of the Senate


https://www.legis.iowa.gov/legislation/BillBook?ga=88&ba=SSB1251




https://www.legis.iowa.gov/legislation/BillBook?ga=88&ba=SJR18

https://www.legis.iowa.gov/legislation/BillBook?ga=88&ba=SJR18


BILL ENROLLED, SIGNED, AND SENT TO GOVERNOR

The Secretary of the Senate submitted the following report:

MR. PRESIDENT: The Secretary of the Senate respectfully reports that the

following bill has been enrolled, signed by the President of the Senate and the Speaker

of the House, and presented to the Governor for her approval on this 29th day of

March, 2019.

Senate File 556.

W. CHARLES SMITHSON

Secretary of the Senate

BILL SIGNED BY THE GOVERNOR

A communication was received announcing that on March 29,

2019, the Governor approved and transmitted to the Secretary of

State the following bill:

Senate File 556 – Relating to the membership of the life and health insurance

guaranty association, assessments to member insurers for insurance written by

impaired or insolvent member insurers, and including applicability and effective date

provisions.

GOVERNOR’S APPOINTEES PLACED ON

EN BLOC CONFIRMATION CALENDAR

The following appointees, assigned to standing committees for

investigation, were placed on the En Bloc Confirmation Calendar

with recommendation for confirmation:

EDUCATION

Andrew Beer – Iowa Autism Council

Dr. Matthew O'Brien – Iowa Autism Council

Blake Stephenson – Iowa Autism Council

Michael Zehr – Iowa Autism Council

Diane Campbell – Early Childhood Iowa State Board

Richard Clewell – Early Childhood Iowa State Board

Zachary Stier – Early Childhood Iowa State Board

Floyd Athay – Board of Educational Examiners

David Harper – Board of Educational Examiners

Mary Johnson – Board of Educational Examiners




Mary Martha Bruckner – School Budget Review Committee

Leland Tack – School Budget Review Committee

HUMAN RESOURCES

Carole Dunkin – Commission on Aging

Suzanne Heckenlaible – Commission on Aging

Steve Van Oort – Commission on Aging

John Hollinrake – Board of Athletic Training

Christopher Kamm – Board of Athletic Training

Christopher Wiedmann – Board of Athletic Training

Echo Kent – Board of Behavioral Science

Kerry Lust – Board of Behavioral Science

Sarah Madojemu – Child Advocacy Board

Angela Stokes – Child Advocacy Board Carol Earnhardt – Health Facilities Council

Eric Kohlsdorf – Healthy and Well Kids in Iowa (HAWK-I) Board

Dr. Kaaren Vargas – Healthy and Well Kids in Iowa (HAWK-I) Board Carol Forristall – Council on Human Services

Rebecca Peterson – Council on Human Services

Rick Sanders – Council on Human Services

Caleb Knutson – Commission of Latino Affairs

Valerie Nolte – Commission of Latino Affairs Gilbert Nunez – Commission of Latino Affairs Dr. Joseph Cowley – Mental Health and Disability Services Commission

Teresa Daubitz – Mental Health and Disability Services Commission

Shari O'Bannon – Mental Health and Disability Services Commission

Maria Sorensen – Mental Health and Disability Services Commission

Cory Turner – Mental Health and Disability Services Commission

Amanda Gallant – Board of Sign Language Interpreters and Transliterators

Susan Tyrrell – Board of Sign Language Interpreters and Transliterators

Teresa Aoki – Commission on Tobacco Use Prevention and Control

Lorene Mein – Commission on Tobacco Use Prevention and Control

Robert Nichols – Commission on Tobacco Use Prevention and Control

Michele Sandquist – Commission on Tobacco Use Prevention and Control


GOVERNOR’S APPOINTEES PLACED ON

INDIVIDUAL CONFIRMATION CALENDAR

The following appointees, assigned to standing committees for

investigation, were placed on the Individual Confirmation Calendar

with recommendation for confirmation:

EDUCATION

Phil Hemingway – Board of Educational Examiners

David Barker – State Board of Regents

Milt Dakovich – State Board of Regents

Frederick Lindenmayer – State Board of Regents

WITHDRAWAL OF

GOVERNOR’S APPOINTEES

The following letters from the Governor were received in the office

of the Secretary of the Senate on April 1, 2019:

I am withdrawing the name of Mary Johnson to serve as a member of the Board of

Education Examiners from further consideration by the Senate.

I am withdrawing the name of Joseph Crowley to serve as a member of the Mental

Health and Disability Services Commission from further consideration by the Senate.

I am withdrawing the name of Mary Meyers to serve as a member of the Mental

Health and Disability Services Commission from further consideration by the Senate.

Sincerely,

KIM REYNOLDS

Governor

GOVERNOR’S DEFERRAL LETTERS

The following letters from the Governor were received in the office

of the Secretary of the Senate on April 1, 2019:

Pursuant to Iowa Code section 2.32, please accept this letter as the notice of

deferment of the appointment to the Board of Educational Examiners, formerly held by

Dan Dutcher. This appointment has been deferred because our Administration has

initiated, but has not yet completed, the selection process which will result in

determining the most appropriate person to nominate for this position.



deferment of the appointment to the Mental Health and Disability Service

Commission, formerly held by Brett McLain. This appointment has been deferred

because our Administration has initiated, but has not yet completed, the selection

process which will result in determining the most appropriate person to nominate for

this position.


deferment of the appointment to the Mental Health and Disability Service

Commission, formerly held by Mary Meyers. This appointment has been deferred

because our Administration has initiated, but has not yet completed, the selection

process which will result in determining the most appropriate person to nominate for

this position.

AMENDMENTS FILED

S–3096 S.F. 302 Chris Cournoyer

S–3097 S.F. 475 Chris Cournoyer

S–3098 S.F. 376 Herman C. Quirmbach


S–3100 S.F. 516 Julian B. Garrett


S–3102 S.F. 589 Tony Bisignano

S–3103 S.F. 577 Robert M. Hogg

S–3104 S.F. 589 Kevin Kinney





S–3109 S.F. 376 Jeff Edler

S–3110 S.F. 516 Kevin Kinney































senate journal - iowa 01, 2019.pdf · yeas, 34: behn brown carlin chapman costello cournoyer dawson...

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