Legislature(1993 - 1994)
04/01/1993 08:35 AM House FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
APRIL 1, 1993
8:35 A.M.
TAPE HFC 93 - 86, Side 2, #000 - end.
TAPE HFC 93 - 87, Side 1, #000 - end.
TAPE HFC 93 - 87, Side 2, #000 - #105.
CALL TO ORDER
Co-Chair Ron Larson called the meeting of the House Finance
Committee to order at 8:35 A.M.
PRESENT
Co-Chair Larson Representative Brown
Co-Chair MacLean Representative Foster
Vice-Chair Hanley Representative Grussendorf
Representative Hoffman Representative Martin
Representative Therriault Representative Parnell
Representative Navarre was not present for the meeting.
ALSO PRESENT
Jim Forbes, Assistant Attorney General, Fair Business
Practice Section; Representative Eldon Mulder;
Representative Pat Carney; Jack Phelps, Aid to
Representative Peter Kott; Cindy Smith, Executive Director,
Alaska Network on Domestic Violence and Sexual Assault,
Juneau, Alaska; Myran Naneng, (teleconference), Bethel,
Alaska; Karen Perdue, (teleconference), Fairbanks, Alaska;
Jane Angvik, (teleconference), Anchorage, Alaska.
SUMMARY INFORMATION
HB 67 An Act relating to eligibility for and payments of
public assistance; and providing for an effective
date.
HB 67 was held in Committee for further
discussion.
HB 109 An Act relating to blood tests for persons charged
with sex offenses; and providing for an effective
date.
CS HB 109 (JUD) was reported out of Committee with
"no recommendation" and with fiscal notes by the
Department of Health and Social Services, the
Department of Law and the Department of
1
Corrections dated 3/19/93.
HB 113 An Act regulating the solicitation of
contributions by charitable organizations and paid
solicitors and the solicitation of sales by
telephonic means; and amending Alaska Rules of
Civil Procedure 79 and 82.
HB 113 was held in Committee for further
discussion.
HB 137 An Act authorizing special medical parole for
terminally ill prisoners.
CS HB 137 (JUD) was reported out of Committee with
a "do pass" recommendation and with zero fiscal
notes by the Department of Corrections dated
3/01/93 and the Department of Administration.
HOUSE BILL 113
"An Act regulating the solicitation of contributions by
charitable organizations and paid solicitors and the
solicitation of sales by telephonic means; and amending
Alaska Rules of Civil Procedure 79 and 82."
Co-Chair Larson commented that HB 113 was created in an
effort to regulate telemarketers and charitable
organizations who solicit donations by telephone. There has
been a dramatic increase in fraudulent activity in Alaska.
With regulations adopted, the public would have a renewed
trust in donating to legitimate charitable organizations.
The immediate distrust when the telephone rings would be
replaced with a confidence that a person is giving to a
regulated charity and that their money would be going to
that organization and its charitable needs.
JAMES FORBES, ASSISTANT ATTORNEY GENERAL, FAIR BUSINESS
PRACTICES SECTION, JUNEAU, ALASKA, (teleconference),
explained that the bill would regulate solicitations for
telephonic sales and charitable fund raising. These areas
are currently unregulated. State consumer protection
investigators have noticed a dramatic increase in fraudulent
activity in Alaska. Most states have adopted legislation
dealing with charitable solicitation fraud and telemarketing
scams, although Alaska has not. As a result, scam artists
are avoiding those regulated states, and are concentrating
their activities on unregulated states which cause the loss
of millions of dollars each year.
The legislation would provide:
2
1. Regulation of Telemarketers.
2. Regulation of Charitable Solicitations.
3. Relation to Consumer Protection Law.
4. Full Costs and Attorney's Fees.
Co-Chair MacLean stated that many Native people in rural
areas sell their handiwork to others over the phone. She
asked how the legislation would affect them. Mr. Forbes
stated that if those individuals were not selling their
goods telephonically, they would be excused from
registering. He added, there is no fee required for
registration. If the actual sale of the product will take
place after the telephonic meeting between the buyer and the
seller, they again would be excused from registration.
Co-Chair MacLean asked how the small cottage industries
would be affected by the legislation. Mr. Forbes stated
that they would be required to register if they sell their
handcrafts by telephone.
Mr. Forbes commented on the advertising registration
requirement for public radio stations who do fund raising,
emphasizing that the filing system is not difficult.
Representative Foster felt that the legislation would not
receive compliance in the small village areas of Western
Alaska. Representative Brown recommended placing HB 213
into Subcommittee to develop an amendment which would
address the village area people who sell small handicraft
projects. Co-Chair MacLean suggested that the language on
Page 5, Lines 22 - 26 currently addresses that concern.
Representative Brown reminded the Committee that many of
the small village areas do not make the sale with face to
face contact and consequently they would be in violation of
the legislation if they had not registered.
Mr. Forbes acknowledged that the State would need to be
cautious in providing a blanket exemption to rural areas
within the State. He reminded the Committee that the people
who commit the worst fraud crimes are soliciting between
$300 - $500 hundred dollars. Representative Grussendorf
asked if there were any "resale loopholes" for the smaller
regions. Mr. Forbes stated that concept would be used as a
disadvantage for the legislation.
Co-Chair Larson emphasized the need for consumer protection
and urged that the legislation not be weakened.
Representative Hoffman recommended an exclusion clause be
added for Alaska handicrafts.
Representative Brown questioned the impact of the zero
fiscal note. Mr. Forbes replied, currently a lot of time is
3
spent on chasing people who are difficult to catch. The
legislation will make that time spent much less.
Representative Foster asked why a person would register.
Mr. Forbes replied that if a person fails to register and
they are caught stealing money, they will be charged with a
Class C felony.
HB 213 was HELD in Committee for further discussion.
(Tape Charge, HFC 93-86, Side 1).
HOUSE BILL 137
"An Act authorizing special medical parole for
terminally ill prisoners."
REPRESENTATIVE ELDON MULDER stated that HB 137 would provide
special medical parole for terminally ill prisoners. The
Department of Corrections is responsible for inmates'
medical costs as long as they remain in custody. He added,
covering health costs is a serious financial burden,
particularly when a terminal illness is involved.
The bill would give the parole board the discretion to grant
special medical parole for terminally ill patients that it
determines are not a threat to society. Once paroled, their
medical costs are picked up by Medicare or Medicaid, thus
easing the financial burden on the Department of
Corrections.
Co-Chair Larson asked who decides if a prisoner is
terminally ill. Representative Mulder said the decision
would be make by a common consensus of physicians.
Representative Foster MOVED to report HB 137 out of
Committee with individual recommendations and with the
accompanying zero fiscal notes. There being NO OBJECTIONS,
it was so ordered.
CS HB 137 (JUD) was reported out of Committee with a "do
pass" recommendation and with two zero fiscal notes by the
Department of Corrections dated 3/01/93 and the Department
of Administration.
HOUSE BILL 109
"An Act relating to blood tests for persons charged
with sex offenses; and providing for an effective
date."
JACK PHELPS, AID TO REPRESENTATIVE PETE KOTT, stated that
the purpose of HB 109 is to provide an avenue of relief for
4
victims of sexual assault. The threat of HIV infection and
of infection from other sexually transmitted diseases is a
serious complicated side-effect of being victimized by
sexual assault. The State has a compelling interest in
assuring innocent victims of crime, timely relief from the
anxiety that may result from sexual assault.
HB 109 allows the victim of sexual assault to petition the
court to require a blood test on the defendant. The
legislation also provides that the State must make it
available to both the victim and the alleged perpetrator,
upon their request, counseling relating to HIV and AIDS
which is medically appropriate for those persons, and
referrals for medical and support services.
The legislation is designed to minimize the cost to the
State for implementing the program. If the defendant is
convicted, he or she must reimburse the state for the cost
of the test. The court may order the Department of
Corrections to provide for the reimbursement through
garnishment.
The Federal Crime Control Act of 1990 specified that states
must have a law such as HB 109 adopted or they will lose
part of their law enforcement assistance grants. The
deadline established by Congress is October, 1993. If the
bill fails to pass, Alaska's Department of Public Safety
will lose approximately $185 thousand dollars in FY 94. The
bill can satisfy the federal requirement and simultaneously
form an integral part of an effort by the State to ensure
that victims of crime in our state are afforded every
opportunity to receive appropriate relief.
He concluded, the legislation tried to balance the rights of
the victim against the rights of the defendant. He pointed
out that cause finding is required which will require the
State to demonstrate that there is a probable cause. The
court is now required to provide a confidentiality
statement. There are portions of the bill which protect the
clients privacy. He added, the purpose of the exemption for
disclosure by the victim would allow those persons, who the
victim has close associations with to be given the
information. He reminded the Committee that the subject
matter contains the potential for disease and that the
victim has the right to tell those who they are close with.
Representative Brown pointed out that a test does not
assure if a person is infected. It could take from a six to
eight month period for the presence of HIV to appear, even
though continuing to transmit the virus. She recommended
providing services to help the victim address their
situation. The test would not solve the problem.
5
CINDY SMITH, EXECUTIVE DIRECTOR, ALASKA NETWORK ON DOMESTIC
VIOLENCE AND SEXUAL ASSAULT, JUNEAU, ALASKA, stated that the
network has been investigating and discussing the issue of
mandatory STD testing for persons charged with sex offenses
for over two years. The issue is complex and emotional.
Literature on the subject is minimal, occasionally
contradictory, often defending one position or the other in
the competing social interests of protecting a rape victim
and protecting the persons infected with the sexually
transmitted diseases, especially HIV.
Transmission of STD's as a result of rape is not uncommon.
It is currently standard procedure at most hospitals to
provide a rape victim with a course of antibiotics as an
automatic measure without waiting for information as to the
status of the offender. The Center for Disease Control,
AIDS Epidemiology Division estimates that the chances of a
rape victim contracting HIV as a result of an assault to be
very low but admits that the figure could be higher in
multiple exposure and that even single rapes may constitute
a greater hazard because of the rather common occupance of
tearing of vaginal surfaces. In 1990, the first documented
case of HIV transmitted rape was recorded at a hospital in
London.
She explained that the initial assumption behind the first
HIV testing laws was that if a victim knew the status of the
offender, she would therefore know whether or not she had
been exposed to HIV. This is not the case. Particularly
with a single test. An offender may test negative and still
be carrying HIV. Conversely, a positive test does not mean
that a victim will contract HIV. In other words, in order
to determine her own status, a victim will have to get
tested every three months for a year. Ms. Smith summarized
that if the testing was performed at the time of charge, the
Alaska Network on Domestic Violence and Sexual Assault would
support the legislation, however, if it were at the
conviction, the testing would serve no purpose.
Representative Martin MOVED to report CS HB 109 (JUD) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTIONS, it
was so ordered.
CS HB 109 (JUD) was reported out of Committee with "no
recommendation" and with fiscal notes by the Department of
Health and Social and Services, the Department of Law and
the Department of Corrections dated 3/19/93.
HOUSE BILL 67
6
"An Act relating to eligibility for and payments of
public assistance; and providing for an effective
date."
MYRON NANENG, CHAIRMAN, ALASKA FEDERATION OF NATIVES, INC.
RESOURCES COMMITTEE, BETHEL, ALASKA, testified via
teleconference and urged that the Committee oppose HB 67.
[Attachment #1].
KAREN PERDUE, ALASKA INTERIOR WOMEN'S POLITICAL CAUCUS,
FAIRBANKS, ALASKA, testified in opposition to HB 67 noting
in particular those persons affected by discontinuing the
COLA for Public Assistance.
(Tape Change, HFC 93-87, Side 2].
JANE ANGVIK, CHAIR, ALASKA WOMEN'S POLITICAL CAUCUS,
ANCHORAGE, ALASKA, voiced strong opposition to HB 67 and
the elimination of the COLA adjustment. She urged the
Committee to suspend the COLA rather than eliminate it.
[Attachment #2].
Handouts were provided the Committee addressing HB 67.
[Attachment #3 - #5]. Attachment #1 was a letter from Rural
Alaska Community Action Program, Inc. in opposition to HB
67. Attachment #4 was a letter from the Glory Hole, Juneau,
Alaska, in opposition to HB 67. Attachment #5 was a letter
from the Alaska Head Start Directors' Association in
opposition to HB 67.
HB 67 was HELD in Committee for further discussion.
ADJOURNMENT
The meeting adjourned at 10:05 A.M.
HOUSE FINANCE COMMITTEE
APRIL 1, 1993
8:35 A.M.
TAPE HFC 93 - 86, Side 2, #000 - end.
TAPE HFC 93 - 87, Side 1, #000 - end.
TAPE HFC 93 - 87, Side 2, #000 - #105.
CALL TO ORDER
Co-Chair Ron Larson called the meeting of the House Finance
Committee to order at 8:35 A.M.
7
PRESENT
Co-Chair Larson Representative Brown
Co-Chair MacLean Representative Foster
Vice-Chair Hanley Representative Grussendorf
Representative Hoffman Representative Martin
Representative Therriault Representative Parnell
Representative Navarre was not present for the meeting.
ALSO PRESENT
Jim Forbes, Assistant Attorney General, Fair Business
Practice Section; Representative Eldon Mulder;
Representative Pat Carney; Jack Phelps, Aid to
Representative Peter Kott; Cindy Smith, Executive Director,
Alaska Network on Domestic Violence and Sexual Assault,
Juneau, Alaska; Myran Naneng, (teleconference), Bethel,
Alaska; Karen Perdue, (teleconference), Fairbanks, Alaska;
Jane Angvik, (teleconference), Anchorage, Alaska.
SUMMARY INFORMATION
HB 67 An Act relating to eligibility for and payments of
public assistance; and providing for an effective
date.
HB 67 was held in Committee for further
discussion.
HB 109 An Act relating to blood tests for persons charged
with sex offenses; and providing for an effective
date.
CS HB 109 (JUD) was reported out of Committee with
"no recommendation" and with fiscal notes by the
Department of Health and Social Services, the
Department of Law and the Department of
Corrections dated 3/19/93.
HB 113 An Act regulating the solicitation of
contributions by charitable organizations and paid
solicitors and the solicitation of sales by
telephonic means; and amending Alaska Rules of
Civil Procedure 79 and 82.
HB 113 was held in Committee for further
discussion.
HB 137 An Act authorizing special medical parole for
terminally ill prisoners.
8
CS HB 137 (JUD) was reported out of Committee with
a "do pass" recommendation and with zero fiscal
notes by the Department of Corrections dated
3/01/93 and the Department of Administration.
HOUSE BILL 113
"An Act regulating the solicitation of contributions by
charitable organizations and paid solicitors and the
solicitation of sales by telephonic means; and amending
Alaska Rules of Civil Procedure 79 and 82."
Co-Chair Larson commented that HB 113 was created in an
effort to regulate telemarketers and charitable
organizations who solicit donations by telephone. There has
been a dramatic increase in fraudulent activity in Alaska.
With regulations adopted, the public would have a renewed
trust in donating to legitimate charitable organizations.
The immediate distrust when the telephone rings would be
replaced with a confidence that a person is giving to a
regulated charity and that their money would be going to
that organization and its charitable needs.
JAMES FORBES, ASSISTANT ATTORNEY GENERAL, FAIR BUSINESS
PRACTICES SECTION, JUNEAU, ALASKA, (teleconference),
explained that the bill would regulate solicitations for
telephonic sales and charitable fund raising. These areas
are currently unregulated. State consumer protection
investigators have noticed a dramatic increase in fraudulent
activity in Alaska. Most states have adopted legislation
dealing with charitable solicitation fraud and telemarketing
scams, although Alaska has not. As a result, scam artists
are avoiding those regulated states, and are concentrating
their activities on unregulated states which cause the loss
of millions of dollars each year.
The legislation would provide:
1. Regulation of Telemarketers.
2. Regulation of Charitable Solicitations.
3. Relation to Consumer Protection Law.
4. Full Costs and Attorney's Fees.
Co-Chair MacLean stated that many Native people in rural
areas sell their handiwork to others over the phone. She
asked how the legislation would affect them. Mr. Forbes
stated that if those individuals were not selling their
goods telephonically, they would be excused from
registering. He added, there is no fee required for
registration. If the actual sale of the product will take
place after the telephonic meeting between the buyer and the
seller, they again would be excused from registration.
9
Co-Chair MacLean asked how the small cottage industries
would be affected by the legislation. Mr. Forbes stated
that they would be required to register if they sell their
handcrafts by telephone.
Mr. Forbes commented on the advertising registration
requirement for public radio stations who do fund raising,
emphasizing that the filing system is not difficult.
Representative Foster felt that the legislation would not
receive compliance in the small village areas of Western
Alaska. Representative Brown recommended placing HB 213
into Subcommittee to develop an amendment which would
address the village area people who sell small handicraft
projects. Co-Chair MacLean suggested that the language on
Page 5, Lines 22 - 26 currently addresses that concern.
Representative Brown reminded the Committee that many of
the small village areas do not make the sale with face to
face contact and consequently they would be in violation of
the legislation if they had not registered.
Mr. Forbes acknowledged that the State would need to be
cautious in providing a blanket exemption to rural areas
within the State. He reminded the Committee that the people
who commit the worst fraud crimes are soliciting between
$300 - $500 hundred dollars. Representative Grussendorf
asked if there were any "resale loopholes" for the smaller
regions. Mr. Forbes stated that concept would be used as a
disadvantage for the legislation.
Co-Chair Larson emphasized the need for consumer protection
and urged that the legislation not be weakened.
Representative Hoffman recommended an exclusion clause be
added for Alaska handicrafts.
Representative Brown questioned the impact of the zero
fiscal note. Mr. Forbes replied, currently a lot of time is
spent on chasing people who are difficult to catch. The
legislation will make that time spent much less.
Representative Foster asked why a person would register.
Mr. Forbes replied that if a person fails to register and
they are caught stealing money, they will be charged with a
Class C felony.
HB 213 was HELD in Committee for further discussion.
(Tape Charge, HFC 93-86, Side 1).
HOUSE BILL 137
"An Act authorizing special medical parole for
10
terminally ill prisoners."
REPRESENTATIVE ELDON MULDER stated that HB 137 would provide
special medical parole for terminally ill prisoners. The
Department of Corrections is responsible for inmates'
medical costs as long as they remain in custody. He added,
covering health costs is a serious financial burden,
particularly when a terminal illness is involved.
The bill would give the parole board the discretion to grant
special medical parole for terminally ill patients that it
determines are not a threat to society. Once paroled, their
medical costs are picked up by Medicare or Medicaid, thus
easing the financial burden on the Department of
Corrections.
Co-Chair Larson asked who decides if a prisoner is
terminally ill. Representative Mulder said the decision
would be make by a common consensus of physicians.
Representative Foster MOVED to report HB 137 out of
Committee with individual recommendations and with the
accompanying zero fiscal notes. There being NO OBJECTIONS,
it was so ordered.
CS HB 137 (JUD) was reported out of Committee with a "do
pass" recommendation and with two zero fiscal notes by the
Department of Corrections dated 3/01/93 and the Department
of Administration.
HOUSE BILL 109
"An Act relating to blood tests for persons charged
with sex offenses; and providing for an effective
date."
JACK PHELPS, AID TO REPRESENTATIVE PETE KOTT, stated that
the purpose of HB 109 is to provide an avenue of relief for
victims of sexual assault. The threat of HIV infection and
of infection from other sexually transmitted diseases is a
serious complicated side-effect of being victimized by
sexual assault. The State has a compelling interest in
assuring innocent victims of crime, timely relief from the
anxiety that may result from sexual assault.
HB 109 allows the victim of sexual assault to petition the
court to require a blood test on the defendant. The
legislation also provides that the State must make it
available to both the victim and the alleged perpetrator,
upon their request, counseling relating to HIV and AIDS
which is medically appropriate for those persons, and
referrals for medical and support services.
11
The legislation is designed to minimize the cost to the
State for implementing the program. If the defendant is
convicted, he or she must reimburse the state for the cost
of the test. The court may order the Department of
Corrections to provide for the reimbursement through
garnishment.
The Federal Crime Control Act of 1990 specified that states
must have a law such as HB 109 adopted or they will lose
part of their law enforcement assistance grants. The
deadline established by Congress is October, 1993. If the
bill fails to pass, Alaska's Department of Public Safety
will lose approximately $185 thousand dollars in FY 94. The
bill can satisfy the federal requirement and simultaneously
form an integral part of an effort by the State to ensure
that victims of crime in our state are afforded every
opportunity to receive appropriate relief.
He concluded, the legislation tried to balance the rights of
the victim against the rights of the defendant. He pointed
out that cause finding is required which will require the
State to demonstrate that there is a probable cause. The
court is now required to provide a confidentiality
statement. There are portions of the bill which protect the
clients privacy. He added, the purpose of the exemption for
disclosure by the victim would allow those persons, who the
victim has close associations with to be given the
information. He reminded the Committee that the subject
matter contains the potential for disease and that the
victim has the right to tell those who they are close with.
Representative Brown pointed out that a test does not
assure if a person is infected. It could take from a six to
eight month period for the presence of HIV to appear, even
though continuing to transmit the virus. She recommended
providing services to help the victim address their
situation. The test would not solve the problem.
CINDY SMITH, EXECUTIVE DIRECTOR, ALASKA NETWORK ON DOMESTIC
VIOLENCE AND SEXUAL ASSAULT, JUNEAU, ALASKA, stated that the
network has been investigating and discussing the issue of
mandatory STD testing for persons charged with sex offenses
for over two years. The issue is complex and emotional.
Literature on the subject is minimal, occasionally
contradictory, often defending one position or the other in
the competing social interests of protecting a rape victim
and protecting the persons infected with the sexually
transmitted diseases, especially HIV.
Transmission of STD's as a result of rape is not uncommon.
It is currently standard procedure at most hospitals to
12
provide a rape victim with a course of antibiotics as an
automatic measure without waiting for information as to the
status of the offender. The Center for Disease Control,
AIDS Epidemiology Division estimates that the chances of a
rape victim contracting HIV as a result of an assault to be
very low but admits that the figure could be higher in
multiple exposure and that even single rapes may constitute
a greater hazard because of the rather common occupance of
tearing of vaginal surfaces. In 1990, the first documented
case of HIV transmitted rape was recorded at a hospital in
London.
She explained that the initial assumption behind the first
HIV testing laws was that if a victim knew the status of the
offender, she would therefore know whether or not she had
been exposed to HIV. This is not the case. Particularly
with a single test. An offender may test negative and still
be carrying HIV. Conversely, a positive test does not mean
that a victim will contract HIV. In other words, in order
to determine her own status, a victim will have to get
tested every three months for a year. Ms. Smith summarized
that if the testing was performed at the time of charge, the
Alaska Network on Domestic Violence and Sexual Assault would
support the legislation, however, if it were at the
conviction, the testing would serve no purpose.
Representative Martin MOVED to report CS HB 109 (JUD) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTIONS, it
was so ordered.
CS HB 109 (JUD) was reported out of Committee with "no
recommendation" and with fiscal notes by the Department of
Health and Social and Services, the Department of Law and
the Department of Corrections dated 3/19/93.
HOUSE BILL 67
"An Act relating to eligibility for and payments of
public assistance; and providing for an effective
date."
MYRON NANENG, CHAIRMAN, ALASKA FEDERATION OF NATIVES, INC.
RESOURCES COMMITTEE, BETHEL, ALASKA, testified via
teleconference and urged that the Committee oppose HB 67.
[Attachment #1].
KAREN PERDUE, ALASKA INTERIOR WOMEN'S POLITICAL CAUCUS,
FAIRBANKS, ALASKA, testified in opposition to HB 67 noting
in particular those persons affected by discontinuing the
COLA for Public Assistance.
13
(Tape Change, HFC 93-87, Side 2].
JANE ANGVIK, CHAIR, ALASKA WOMEN'S POLITICAL CAUCUS,
ANCHORAGE, ALASKA, voiced strong opposition to HB 67 and
the elimination of the COLA adjustment. She urged the
Committee to suspend the COLA rather than eliminate it.
[Attachment #2].
Handouts were provided the Committee addressing HB 67.
[Attachment #3 - #5]. Attachment #1 was a letter from Rural
Alaska Community Action Program, Inc. in opposition to HB
67. Attachment #4 was a letter from the Glory Hole, Juneau,
Alaska, in opposition to HB 67. Attachment #5 was a letter
from the Alaska Head Start Directors' Association in
opposition to HB 67.
HB 67 was HELD in Committee for further discussion.
ADJOURNMENT
The meeting adjourned at 10:05 A.M.
14
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