Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 1220, Mar. 29 | Printed Page 1240, Mar. 30 |

Printed Page 1230 . . . . . Thursday, March 30, 1995

(R32) H. 3199 -- Rep. Koon: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING FIELD TRIAL FACILITIES AND TO DEVELOP A PLAN FOR THE FACILITIES; TO PROVIDE FOR THE MEMBERS OF THE COMMISSION AND AN ADVISORY COMMITTEE; TO AUTHORIZE CONSULTATION WITH PUBLIC AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING REQUIREMENTS AND FOR TERMINATION OF THE COMMISSION JANUARY 1, 1999.

(R33) H. 3205 -- Reps. Stuart, Riser and Koon: AN ACT TO PROVIDE FOR THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1, TO PROVIDE FOR A SPECIAL ELECTION IN 1995 FOR THE PURPOSE OF ELECTING CERTAIN MEMBERS OF THE BOARD TO SERVE UNTIL 1998, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE SCHOOL TRUSTEE ELECTIONS SHALL BE CONDUCTED IN THE 1995 SPECIAL ELECTION AND BEGINNING WITH THE 1996 REGULAR ELECTION, AND TO REPEAL ACT 217 OF 1993 RELATING TO THE ELECTION OF SPECIFIED MEMBERS OF THE BOARD.

(R34) H. 3214 -- Rep. D. Smith: AN ACT TO AMEND SECTION 59-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE PERSONS WHO ARE ELIGIBLE FOR SERVICES AT THE SCHOOL FOR THE DEAF AND BLIND, SO AS TO INCLUDE HARD OF HEARING AND VISUALLY IMPAIRED PERSONS.

(R35) H. 3331 -- Rep. Kirsh: AN ACT TO REPEAL SECTION 40-60-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION DATE OF THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD.

(R36) H. 3443 -- Labor, Commerce and Industry Committee: AN ACT TO REPEAL SECTION 34-13-130, CODE OF LAWS OF SOUTH


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CAROLINA, 1976, RELATING TO THE MAXIMUM INVESTMENT OF A BANKING CORPORATION IN REAL ESTATE MORTGAGES.

(R37) H. 3452 -- Reps. Riser, Hines, Inabinett, Rhoad and Witherspoon: AN ACT TO AMEND SECTION 47-4-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIVESTOCK-POULTRY HEALTH COMMISSION, SO AS TO REVISE THE PROVISIONS EXECUTED BY THE COMMISSION; TO AMEND SECTION 47-4-20, RELATING TO DEFINITIONS PERTAINING TO THE COMMISSION, SO AS TO REVISE THE DEFINITION OF "PUBLIC LIVESTOCK MARKET"; TO AMEND SECTION 47-4-50, RELATING TO DISEASES IMPACTING THE LIVESTOCK-POULTRY INDUSTRY, SO AS TO CLARIFY A REFERENCE TO FEDERAL REGULATIONS; TO AMEND SECTION 47-4-60, RELATING TO REQUIREMENTS FOR CERTIFICATES OF VETERINARY INSPECTION, SO AS TO CORRECT PUNCTUATION; TO AMEND SECTION 47-4-110, RELATING TO COMMISSION EMPLOYEES, SO AS TO REVISE THE MAXIMUM NUMBER OF LIVESTOCK LAW ENFORCEMENT OFFICERS; TO AMEND SECTION 47-4-130, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO INCREASE THE FINE; TO AMEND SECTION 47-11-140, AS AMENDED, RELATING TO VETERINARIANS SERVING AUCTION SALES AT PUBLIC LIVESTOCK MARKETS, SO AS TO REVISE THE REQUIREMENTS FOR PROVISION OF SERVICE BY VETERINARIANS; AND TO AMEND SECTION 47-13-30, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO CORRECT A REFERENCE IN THE 1976 CODE.

(R38) H. 3453 -- Reps. Riser, Hines, Inabinett, Rhoad and Witherspoon: AN ACT TO AMEND SECTION 46-9-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES PERTAINING TO THE STATE CROP PEST COMMISSION, SO AS TO REVISE THE PENALTIES AND THE PROVISIONS TO WHICH THEY APPLY; AND TO AMEND SECTION 46-13-80, RELATING TO LICENSES UNDER THE PESTICIDE CONTROL ACT, SO AS TO REVISE THE RENEWAL DATE.

(R39) H. 3509 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM - WRITING TEST: MINIMUM STANDARDS OF


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STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1753, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R40) H. 3575 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO PROFESSIONAL PRACTICES, THERAPEUTIC MODALITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1758, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R41) H. 3576 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS TO TAKE STEP 3 OF THE UNITED STATES MEDICAL LICENSING EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1773, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R42) H. 3603 -- Reps. Wright and Riser: AN ACT TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE IRMO FIRE DISTRICT, SO AS TO DELETE THE REQUIREMENT TO HAVE ONLY VOLUNTEER FIREMEN WORK FOR THE DISTRICT, AND DELETE THE AUTHORITY FOR A FIVE MILL TAX LEVY FOR THE DISTRICT AND AUTHORIZE A TAX EQUAL TO THE AMOUNT LEVIED BY LEXINGTON COUNTY FOR COUNTYWIDE FIRE PROTECTION BE LEVIED FOR THE BENEFIT OF THE DISTRICT.

(R43) H. 3649 -- Reps. Jennings, J. Harris and Kinon: AN ACT TO PROVIDE THAT THE BOARDS OF TRUSTEES OF THE SCHOOL ADMINISTRATIVE AREAS OF MARLBORO COUNTY ARE ABOLISHED AND THEIR POWERS AND DUTIES DEVOLVED UPON THE MARLBORO COUNTY BOARD OF EDUCATION, AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL NOT BE


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DEEMED TO ABOLISH THE ADMINISTRATIVE AREAS THEMSELVES.

(R44) H. 3650 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - LICENSING BOARD FOR CONTRACTORS, RELATING TO DEFINITION OF ROOFING CLASSIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1747, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R45) H. 3714 -- Reps. Rhoad, Bailey, Hutson, Limehouse, Riser and Witherspoon: AN ACT TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT AUTHORIZED TO BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO AUTHORIZE THE USE OF LIVE NONGAME FISH ON THE EDISTO RIVER ON CERTAIN SET HOOKS.

(R46) H. 3796 -- Reps. Walker, Davenport, Phillips and Cato: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1994-95 SCHOOL YEAR, SCHOOL DISTRICTS ONE AND TWO IN SPARTANBURG COUNTY ARE EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM A SEVERE WINTER STORM.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

December 24, 1994
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.


Printed Page 1234 . . . . . Thursday, March 30, 1995

Respectfully,
Carroll A. Campbell, Jr.

Local Appointment

Initial Appointment, Bamberg County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

The Honorable Franklin D. Gibson, Route 1, Box 158-BB, Denmark, S.C. 29042 VICE J.E. Bennett (resigned)

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 29, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointment

Reappointment, York County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable H. Melvin Howell, 2430 Hopewell Road, Hickory Grove, S.C. 29717

Received as information.

Leave of Absence

At 11:00 A.M., Senator ROSE requested a leave of absence beginning at 11:45 A.M., for the balance of the day.

Leave of Absence

At 11:00 A.M., Senator COURSON requested a leave of absence from 12:30 - 2:00 P.M.


Printed Page 1235 . . . . . Thursday, March 30, 1995

Leave of Absence

At 11:00 A.M., Senator MESCHER requested a leave of absence beginning at 11:30 A.M., for the balance of the day.

Leave of Absence

On motion of Senator CORK, at 12:20 P.M., Senator RICHTER was granted a leave of absence for the balance of the day.

RECALLED, ADOPTED

SENT TO THE HOUSE

S. 632 -- Senator Drummond: A CONCURRENT RESOLUTION REQUESTING THE EMPLOYMENT SECURITY COMMISSION TO TAKE THE NECESSARY STEPS TO ENSURE THAT THE NEW BUILDING AT THE OFFICES OF THE COMMISSION BE NAMED FOR THE HONORABLE C. LEM HARPER, SR., OF COLUMBIA.

Senator DRUMMOND asked unanimous consent to make a motion to recall the Resolution from the Committee on Finance.

There was no objection.

On motion of Senator DRUMMOND, with unanimous consent, the Resolution was adopted.

Adopted

S. 632 -- Senator Drummond: A CONCURRENT RESOLUTION REQUESTING THE EMPLOYMENT SECURITY COMMISSION TO TAKE THE NECESSARY STEPS TO ENSURE THAT THE NEW BUILDING AT THE OFFICES OF THE COMMISSION BE NAMED FOR THE HONORABLE C. LEM HARPER, SR., OF COLUMBIA.

The Concurrent Resolution was adopted, ordered sent to the House.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 688 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-13-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDERS, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER FOR SALE, AND TRANSPORT CERTAIN CULTURED GAME FISH TO STOCK OR RESTOCK CULTURED GAME FISH THAT EXCEEDS FOUR INCHES IN OVERALL LENGTH, TO PROVIDE A DEFINITION FOR


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CULTURED GAME FISH, AND TO MAKE OTHER GRAMMATICAL AND TECHNICAL CHANGES.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 689 -- Senator Thomas: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY SERVE ONLY SIX COMPLETE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX NEW TERMS THEREAFTER; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS AND TO PROVIDE THAT CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER.

Read the first time and referred to the Committee on Judiciary.

S. 690 -- Senator Thomas: A BILL TO AMEND SECTION 22-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S COURT'S EXCLUSIVE AND CONCURRENT JURISDICTION, SO AS TO PROVIDE THE MAGISTRATE'S COURT'S CONCURRENT JURISDICTION OVER SECOND AND SUBSEQUENT OFFENSE PROCEEDINGS FOR DRIVING WHILE A PERSON IS UNDER THE UNLAWFUL INFLUENCE OF NARCOTICS, LIQUOR, DRUGS, OR OTHER SUBSTANCES, AND


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DRIVING WHILE A PERSON'S DRIVER'S LICENSE IS CANCELED,SUSPENDED, OR REVOKED.

Read the first time and referred to the Committee on Judiciary.

S. 691 -- Senator Giese: A BILL TO AMEND SECTION 44-6-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION AND RELEASE OF HEALTH CARE DATA, SO AS TO PROVIDE FOR THE DUTIES OF THE DATA OVERSIGHT COUNCIL; TO DIRECT THE OFFICE OF RESEARCH AND STATISTICS TO PROMULGATE REGULATIONS FOR THE COLLECTION OF INPATIENT AND OUTPATIENT INFORMATION; TO REVISE PROCEDURES FOR RELEASE OF INFORMATION; TO DELETE SPECIFIC INFORMATION TO BE REPORTED AND TO REQUIRE INFORMATION TO BE REPORTED IN ACCORDANCE WITH REGULATIONS; TO REQUIRE CERTAIN FACILITIES PROVIDING OUTPATIENT SERVICES TO REPORT OUTPATIENT INFORMATION; AND TO PROVIDE PENALTIES FOR FAILURE TO REPORT.

Read the first time and referred to the Committee on Medical Affairs.

S. 692 -- Senators Alexander, Courson, Giese, Leatherman, Martin, Rose, Russell, Thomas and Ryberg: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR AND ENFORCEMENT OF VIOLATIONS OF THE MANDATORY USE OF SEAT BELTS PROVISION, SO AS TO DELETE THE PROVISION THAT BOTH REQUIRE A VIOLATION NOT TO CONSTITUTE NEGLIGENCE PER SE OR CONTRIBUTORY NEGLIGENCE AND NOT BE ADMISSIBLE AS EVIDENCE IN A CIVIL ACTION.

Read the first time and referred to the Committee on Transportation.

S. 693 -- Senators Martin and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1335 SO AS TO REQUIRE A COURT TO CONFISCATE THE LICENSE PLATE AND MOTOR VEHICLE REGISTRATION OF EACH MOTOR VEHICLE REGISTERED IN THE NAME OF A PERSON CONVICTED OF CERTAIN CRIMES, TO PROVIDE THE PERIOD A PERSON WHOSE LICENSE PLATE HAS BEEN CONFISCATED MAY NOT APPLY FOR A NEW LICENSE, TO PROVIDE THE PROCEDURE FOR WHICH A LICENSE PLATE MUST BE SURRENDERED, TO PROVIDE THE PENALTY FOR A


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PERSON WHO FAILS TO SURRENDER A LICENSE, AND TO ALLOW A SPECIAL LICENSE PLATE TO BE ISSUED TO DRIVERS IN THE HOUSEHOLD OF A PERSON WHOSE LICENSE PLATE HAS BEEN CONFISCATED; TO AMEND SECTION 56-9-500, RELATING TO THE SUSPENSION OF A MOTOR VEHICLE REGISTRATION UPON SUSPENSION OR REVOCATION OF A PERSON'S DRIVER'S LICENSE AND THE CONTINUATION OF THE SUSPENSION UNTIL FINANCIAL RESPONSIBILITY IS PROVEN, SO AS TO NOT PERMIT A PERSON WHOSE MOTOR VEHICLE REGISTRATION MAY BE SUSPENDED UNDER CERTAIN CIRCUMSTANCES TO AVOID SUSPENSION BY MAINTAINING PROOF OF FINANCIAL RESPONSIBILITY ON ALL VEHICLES REGISTERED TO HIM; AND TO REPEAL SECTION 56-3-1340 RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE NOT AUTOMATICALLY SUSPENDING A PERSON'S MOTOR VEHICLE REGISTRATION OR LICENSE PLATES.

Senator MARTIN spoke on the Bill.

Read the first time and referred to the Committee on Transportation.

S. 694 -- Senator McGill: A CONCURRENT RESOLUTION TO ESTABLISH APRIL 20TH AS CHICORA INDIAN DAY IN RECOGNITION OF THE CHICORA INDIAN TRIBE'S HISTORICAL SIGNIFICANCE AND CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.

The Concurrent Resolution was adopted, ordered sent to the House.

H. 3642 -- Reps. Koon, Gamble, Knotts, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO TAKE IMMEDIATE ACTION TO STOP THE DUMPING INTO THE AMERICAN MARKET OF VELVET IMPORTED FROM OTHER COUNTRIES AND TO REQUEST THE CONGRESS TO EXTEND THE IMPORTED VELVET DUTY TAX WHICH IS TO EXPIRE AT THE END OF 1996.

Whereas, it has come to the attention of the members of the General Assembly that vast quantities of cheaply produced velvet are being imported into the United States from overseas including such countries as South Korea; and

Whereas, while it is true that velvet can be produced in these countries at competitive prices, it is an unfair trade practice for foreign producers to sell velvet in this country far below its market price and possibly its


Printed Page 1239 . . . . . Thursday, March 30, 1995

production price in an attempt to force United States manufacturers out of business; and

Whereas, in recent years United States velvet manufacturers, with the assistance of federal and state officials, have been partially successful in limiting the amount of imported velvet which may be shipped into this country; and

Whereas, domestic velvet producers can compete with foreign producers provided that foreign producers adhere to the laws of this country which prohibit the practice of "dumping"; and

Whereas, there is also presently an imported velvet duty tax which is scheduled to expire at the end of 1996, and an extension of this tax would substantially help in bringing balance to the United States velvet market; and

Whereas, if steps are not taken to immediately deal with this problem, all competition in the velvet industry could be eliminated to the detriment of American consumers as American manufacturers are forced out of the marketplace. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly, by this resolution, hereby memorialize the Congress of the United States to take immediate action to stop the dumping into the American market of velvet imported from other countries and request the Congress to extend the imported velvet duty tax which is to expire at the end of 1996.

Be it further resolved that copies of this resolution be forwarded to the President of the United States Senate; the Speaker of the United States House of Representatives; and all members of the South Carolina Congressional Delegation in Washington, D.C.

Referred to the Committee on Labor, Commerce and Industry.

H. 3885 -- Reps. Knotts, Wright, Riser, Koon, Gamble, Stuart and Spearman: A CONCURRENT RESOLUTION TO COMMEND THE IRMO-CHAPIN SENIOR BASKETBALL TEAM FOR WINNING THE GOLD MEDAL AT THE UNITED STATES NATIONAL SENIOR OLYMPICS IN BATON ROUGE, LOUISIANA, AND TO EXTEND TO THE TEAM AND ITS COACH THE PRIVILEGE OF THE HOUSE FLOOR AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR THEIR TRULY OUTSTANDING ACCOMPLISHMENTS.

The Concurrent Resolution was adopted, ordered returned to the House.


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