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 540, Feb. 14 | Printed Page 561, Feb. 15 |

Printed Page 550 . . . . . Tuesday, February 14, 1995

(B) When the assets in the trust fund exceed five million dollars, all credited earnings plus all future annual deposits to the trust fund from contributions are available for disbursement upon authorization of the division.
SECTION 2. Assets in the Eldercare Trust Fund, which have been held pursuant to Section 43-21-180 of the 1976 Code, before amendment by Section 1 of this act, must be released for disbursement pursuant to Section 43-21-180 of the 1976 Code, as amended by Section 1 of this act.

SECTION 3. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

REFERRED

H. 3407 -- Rep. McKay: A BILL TO PROVIDE THAT THE ANNUAL CITIZENS' MEETING OF FLORENCE COUNTY SCHOOL DISTRICT 4 TO CONSIDER THE BUDGET AND OTHER MATTERS MUST BE HELD ON OR BEFORE THE SECOND THURSDAY OF JUNE OF EACH YEAR RATHER THAN ON OR BEFORE THE FIFTEENTH DAY OF APRIL OF EACH YEAR.

On motion of Senator LEATHERMAN, the Bill was referred to the local delegation.

ADOPTED

H. 3433 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE WILLIAM M. DETWEILER, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON WEDNESDAY, MARCH 22, 1995.

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


Printed Page 551 . . . . . Tuesday, February 14, 1995

THE CALL OF THE UNCONTESTEDCALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

DEBATE INTERRUPTED

S. 59 -- Senators McConnell, Wilson, Ryberg, Rose, Gregory, Giese and Richter: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT TEN OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY SHALL VOTE IN FAVOR OF IMPOSING THE DEATH PENALTY WHERE A DEFENDANT HAS BEEN CONVICTED OF MURDER IN ORDER FOR THE DEATH PENALTY TO BE IMPOSED.

The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.

Senator PATTERSON spoke on the Joint Resolution.

Debate was interrupted by adjournment, Senator PATTERSON retaining the floor.

ADJOURNMENT

At 1:51 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


Printed Page 552 . . . . . Wednesday, February 15, 1995

Wednesday, February 15, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, it is said that one of the sayings of Jesus not recorded in the Gospels goes like this:

"Wherever there are two, they are not

without God,

And wherever there is one alone, I say

I am with him,

Raise the stone, and thou shalt find Me;

Cleave the wood and there I am."
Let us pray.

Infinite and Eternal Lord God, we know that in our invocation we do not invite You to come to this place because You are already here... in the temple of the hopes and prayers of our dear people.

In our prayer we do pray that You will make us aware of Your presence, and that You are ever conscious of our needs.

So, help us to think... reverently!

Help us to act... responsibly!

At the end of this day... or at the end of life, we know that we shall answer not so much to the voters who sent us here, but to You whose we are and Who, really, we serve.

So help us do a good job... today!

Amen.

MOTION ADOPTED

On motion of Senator LEATHERMAN, with unanimous consent, Senators McCONNELL, MOORE, SALEEBY and RUSSELL were granted leave to attend the Judicial Screening Committee meeting, to be counted in any quorum calls, and if any roll call votes were taken, were granted leave to vote from the balcony.

Point of Quorum

Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.


Printed Page 553 . . . . . Wednesday, February 15, 1995

Call of the Senate

Senator DRUMMOND moved that a call of the Senate be made. The following Senators answered the call:

Alexander         Bryan            Cork
Courson Courtney Drummond
Elliott Ford Giese
Glover Gregory Hayes
Holland Jackson Land
Lander Leatherman Leventis
Martin McConnell McGill
Mescher Moore O'Dell
Passailaigue Patterson Peeler
Rankin Reese Richter
Rose Russell Ryberg
Saleeby Setzler Short
Smith, G. Smith, J.V. Stilwell
Thomas Waldrep Washington
Williams Wilson

A quorum being present, the Senate resumed.

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 20, 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.

Respectfully,
Carroll A. Campbell, Jr.


Printed Page 554 . . . . . Wednesday, February 15, 1995

Local Appointment

Reappointment, Dillon County Board of Voter Registration, with term to commence March 15, 1994, and to expire March 15, 1996:

Mr. Robert Abson, Jr., 500 Lee Street, Dillon, S.C. 29536

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

December 21, 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.

Respectfully,
Carroll A. Campbell, Jr.

Local Appointment

Initial Appointment, Dillon County Board of Voter Registration, with term to commence March 15, 1994, and to expire March 15, 1996:

At-Large:

Mrs. Patricia D. Miller, 306 South 14th Avenue, Dillon, S.C. 29536 VICE Eleanor Bethea

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

December 29, 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.

Respectfully,
Carroll A. Campbell, Jr.


Printed Page 555 . . . . . Wednesday, February 15, 1995

Local Appointment

Reappointment, Dillon County Board of Voter Registration, with term to commence March 15, 1994, and to expire March 15, 1996:

Mrs. Jean L. Thompson, Route 1, Box 542, Lake View, S.C. 29563

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

January 3, 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,
Carroll A. Campbell, Jr.

Local Appointment

Reappointment, Dillon County Board of Voter Registration, with term to commence March 15, 1994, and to expire March 15, 1996:

Mrs. Linda Sue Edwards, Route 2, Box 620, Dillon, S.C. 29536

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

January 10, 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,
Carroll A. Campbell, Jr.


Printed Page 556 . . . . . Wednesday, February 15, 1995

Local Appointment

Reappointment, Dillon County Board of Voter Registration, with term to commence December 15, 1994, and to expire March 15, 1996:

Mrs. Emily H. Moses, Post Office Box 24, Lake View, S.C. 29563

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

February 1, 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, Marion County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

The Honorable Lunette Cox, Post Office Box 35, Gresham, S.C. 29546

Received as information.

Doctor of the Day

Senator WILLIAMS introduced Dr. Monnie Singleton of Denmark, S.C., Doctor of the Day.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 515 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-9-35 SO AS TO PROVIDE FOR REFERENCES TO "SOIL AND WATER CONSERVATION DISTRICTS" TO MEAN "NATURAL RESOURCES DISTRICTS"; TO AMEND SECTION 48-9-10, RELATING TO CITATION OF THE CHAPTER, AND SECTION 48-9-30, AS


Printed Page 557 . . . . . Wednesday, February 15, 1995

AMENDED, RELATING TO DEFINITIONS, SO AS TO CHANGE THE REFERENCES TO THE DISTRICTS; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 516 -- Senator Reese: A BILL TO AMEND SECTION 59-65-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWFUL AND UNLAWFUL ABSENCES OF STUDENTS, SO AS TO INCREASE FROM FIVE TO TEN THE NUMBER OF UNLAWFUL ABSENCES A STUDENT MAY HAVE BEFORE SCHOOL OFFICIALS ARE REQUIRED TO INTERVENE, TO INCREASE FROM TEN TO TWENTY THE NUMBER OF UNLAWFUL ABSENCES A STUDENT MAY HAVE BEFORE THE DISTRICT BOARD OF TRUSTEES MUST APPROVE OR DISAPPROVE OF THE ABSENCES, AND TO PROVIDE THAT STUDENTS SHALL BE PERMITTED THE OPPORTUNITY TO MAKE UP A MINIMUM OF TEN UNLAWFUL ABSENCES.

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

S. 517 -- Senator Patterson: A BILL TO AMEND SECTION 8-11-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS LEAVE EARNINGS AND OTHER RELATED MATTERS, SO AS TO INCREASE FROM TEN TO TWENTY THE MAXIMUM NUMBER OF YEARS FOR WHICH CERTAIN EMPLOYEES SHALL RECEIVE CREDIT FOR PRIOR STATE SERVICE FOR PURPOSES OF COMPUTING BONUS EARNINGS.

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

S. 518 -- Senators Leatherman, McConnell, Passailaigue, Jackson and Martin: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF THE PROPERTY TAX, SO AS TO REDUCE THE ASSESSMENT RATIO ON MANUFACTURING AND UTILITY PROPERTY FROM TEN AND ONE-HALF PERCENT TO NINE PERCENT IN ONE-HALF PERCENT INCREMENTS BEGINNING IN TAX YEAR 1996 AND TO MAKE THIS AMENDMENT CONTINGENT ON A FAVORABLE VOTE IN A STATEWIDE REFERENDUM ON THE QUESTION OF INCREASING THE SALES,


Printed Page 558 . . . . . Wednesday, February 15, 1995

USE, AND CASUAL EXCISE TAX TO TAKE EFFECT JULY 1, 1996, WITH THE ADDITIONAL REVENUE USED FOR PROPERTY TAX RELIEF.

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

S. 519 -- Senators Leatherman, McConnell, Passailaigue, Jackson and Martin: A BILL TO PROVIDE A SPENDING LIMITATION FOR COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE AND PUBLIC SERVICE DISTRICTS AND AN AD VALOREM TAX REVENUE LIMITATION FOR SCHOOL DISTRICTS FOR FISCAL YEARS 1995-96 THROUGH 1998-99 AND TO PROVIDE EXCEPTIONS.

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

S. 520 -- Senators Leatherman, McConnell, Passailaigue, Jackson and Martin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ASSESSMENT RATIO APPLICABLE TO CERTAIN PERSONAL PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A SEPARATE CLASS FOR CERTAIN PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, TO PROVIDE THE ASSESSMENT RATIOS FOR THE NEW CLASS, AND TO PROVIDE THAT THE DETERMINATION OF THE FAIR MARKET VALUE OF MOTOR VEHICLES IN THIS CLASS MAY NOT BE BASED ON THE MILEAGE ON THE VEHICLE.

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

S. 521 -- Senators Leatherman, McConnell, Passailaigue, Jackson and Martin: A BILL TO PROVIDE FOR A STATEWIDE REFERENDUM TO BE HELD NOVEMBER 7, 1995, ON THE QUESTION OF RAISING THE SALES, USE, AND CASUAL EXCISE TAX FROM FIVE TO SIX PERCENT IN ORDER TO PROVIDE AN EXEMPTION FROM SALES TAX ON FOOD AND TO PROVIDE PROPERTY TAX RELIEF, AND TO MAKE THE PROVISIONS OF THIS ACT RAISING THE TAX, ELIMINATING CERTAIN EXEMPTIONS, IMPOSING ADDITIONAL TAXES AND FEES ON VIDEO GAMES WITH A FREE PLAY FEATURE, AND GRANTING PROPERTY TAX RELIEF AND EXEMPTING FOOD FROM THE SALES TAX CONTINGENT UPON A FAVORABLE MAJORITY VOTE IN THE REFERENDUM; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY


Printed Page 559 . . . . . Wednesday, February 15, 1995

ADDING ARTICLE 11 TO CHAPTER 36 OF TITLE 12 SO AS TO INCREASE THE SALES, USE, AND CASUAL EXCISE TAX FROM FIVE TO SIX PERCENT, TO PROVIDE FOR THE ADDITIONAL TAX REVENUES TO BE CREDITED TO A SEPARATE FUND STYLED THE "PROPERTY TAX RELIEF FUND" AND PROVIDE FOR THE DISTRIBUTION OF REVENUES FROM THE FUND TO REIMBURSE LOCAL GOVERNMENTS FOR REVENUE LOSSES CAUSED BY PROPERTY TAX RELIEF; TO AMEND SECTION 12-36-940, RELATING TO AMOUNTS RETAILERS MAY ADD TO THE SALES PRICE, SO AS TO REFLECT THE ADDITIONAL TAX; TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO THE THREE HUNDRED DOLLAR MAXIMUM TAX ON MOTOR VEHICLES AND CERTAIN OTHER PROPERTY, SO AS TO INCREASE THE MAXIMUM TAX; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR TOLL AND ACCESS CHARGES AND TELEGRAMS; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND, SO AS TO REQUIRE INTEREST EARNED ON THE FUND TO BE CREDITED TO THE FUND AND TO REQUIRE THESE ADDITIONAL FUNDS TO BE USED FOR ROAD CONSTRUCTION AND MAINTENANCE; TO AMEND SECTIONS 12-21-2772, 12-21-2774, 12-21-2776, 12-21-2778, 12-21-2780, 12-21-2782, 12-21-2794, 12-21-2796, AND 12-21-2804, RELATING TO THE REGULATION OF VIDEO GAMES WITH A FREE PLAY FEATURE PURSUANT TO THE VIDEO GAME MACHINES ACT, SO AS TO REVISE REQUIREMENTS RELATING TO THESE MACHINES; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-21-2779, 12-21-2781, 12-21-2783, 12-21-2787, 12-21-2795, 12-21-2800, AND 12-21-2801 SO AS TO PROVIDE FURTHER FOR THE REGULATION OF VIDEO GAMES WITH A FREE PLAY FEATURE, TO IMPOSE A TAX EQUAL TO FIFTEEN PERCENT OF GROSS MACHINE PROCEEDS, AND TO REQUIRE ADDITIONAL LICENSES FOR VIDEO GAMES WITH A FREE PLAY FEATURE; TO REPEAL SECTIONS 12-21-2719, 12-21-2728, 12-21-2732, AND 12-21-2791 RELATING TO REGULATIONS OF VIDEO GAMES WITH A FREE PLAY FEATURE; TO AMEND THE 1976 CODE BY ADDING SECTION 59-1-460 SO AS TO REQUIRE ADDITIONAL ANNUAL APPROPRIATIONS FOR PUBLIC EDUCATION AND PROVIDE THE USE OF THESE ADDITIONAL FUNDS; TO AMEND SECTION 11-11-140, AS AMENDED, RELATING TO LIMITATION ON APPROPRIATIONS, SO AS TO
Printed Page 560 . . . . . Wednesday, February 15, 1995

DELETE FROM THE LIMITATION APPROPRIATIONS TO THE PROPERTY TAX RELIEF FUND; TO REPEAL CHAPTER 10, TITLE 4, RELATING TO THE LOCAL OPTION SALES TAX; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-257 SO AS TO PROVIDE ADDITIONAL HOMESTEAD EXEMPTIONS FROM PROPERTY TAX; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO THE VALUATION AND DEPRECIATION OF PERSONAL PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE FOR ADDITIONAL DEPRECIATION FOR PERSONAL PROPERTY USED IN MANUFACTURING; TO AMEND SECTION 12-7-435, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS, SO AS TO PROVIDE DEDUCTIONS FOR CERTAIN INCOME OF PARTNERS, SUBCHAPTER "S" CORPORATION SHAREHOLDERS, AND MEMBERS OF LIMITED LIABILITY COMPANIES; TO AMEND THE 1976 CODE BY ADDING SECTION 4-29-72 SO AS TO ELIMINATE THE MINIMUM INVESTMENT THRESHOLD FOR FEE IN LIEU OF TAXES AGREEMENTS; TO AMEND SECTION 4-29-10, RELATING TO DEFINITIONS FOR PURPOSES OF INDUSTRIAL DEVELOPMENT PROJECTS FINANCED BY SPECIAL SOURCE BONDS, SO AS TO EXTEND ELIGIBILITY FOR THESE PROJECTS TO UTILITY PROJECTS, TO PHASE-OUT THE SOFT DRINKS TAX OVER THREE YEARS; TO REPEAL ARTICLE 13, CHAPTER 21, TITLE 12, RELATING TO THE SOFT DRINK TAX EFFECTIVE JULY 1, 1998; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FOOD ELIGIBLE FOR PURCHASE WITH FOOD STAMPS FROM THE SALES TAX EFFECTIVE JULY 1, 1998, AND TO PROVIDE LOWER TRANSITION SALES TAX RATES ON FOOD; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL COLLECT ALL PROPERTY TAXES ON PROPERTY ASSESSED BY IT EXCEPT FOR BUSINESS PERSONAL PROPERTY; TO AMEND SECTION 12-4-540, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL ASSESS BUSINESS PERSONAL PROPERTY; TO AMEND SECTION 12-37-970, AS AMENDED, RELATING TO PERSONAL PROPERTY TAX RETURNS, SO AS TO PROVIDE FOR THE FILING OF SUCH RETURNS WITH THE TAXPAYER'S INCOME TAX RETURN; TO REPEAL SECTION 12-37-905 RELATING TO
Printed Page 561 . . . . . Wednesday, February 15, 1995

RETURNS REQUIRED TO BE FILED WITH THE COUNTY AUDITOR; TO AMEND SECTION 12-43-250, RELATING TO SALES RATIO STUDIES, SO AS TO REQUIRE REASSESSMENTS EVERY THREE YEARS; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO PROPERTY TAX APPEALS, SO AS TO PROVIDE A REVISED APPEALS PROCEDURE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-4-580 SO AS TO ALLOW COUNTIES TO TRANSFER THE ASSESSING FUNCTION TO THE DEPARTMENT OF REVENUE AND TAXATION AND TO PROVIDE THE APPLICABLE PROCEDURES FOR THE TRANSFER; TO AMEND SECTION 12-37-90, RELATING TO COUNTY ASSESSOR, SO AS TO CONFORM IT TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 12-4-320, AS AMENDED, RELATING TO FUNCTIONS OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO ALLOW THE DEPARTMENT TO WAIVE THE RETROACTIVE ASSESSMENT OF A STATE TAX AND PROVIDE THE CIRCUMSTANCES REQUIRED FOR THE WAIVER; TO AMEND SECTION 12-54-160, RELATING TO AUTHORITY OF THE DEPARTMENT WITH RESPECT TO THE WAIVER OF PENALTIES AND INTEREST, SO AS TO PROVIDE CIRCUMSTANCES WHEN INTEREST MAY BE WAIVED; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE NOTICE REQUIREMENTS WITH RESPECT TO THE BUDGET PROCESS AND TAXING POWER OF LOCAL GOVERNMENTS.

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


| Printed Page 540, Feb. 14 | Printed Page 561, Feb. 15 |

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