Journal of the House - 76th Day - Thursday, March 26, 2020 - Top of Page 7099

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-FIRST SESSION - 2020

 

_____________________

 

SEVENTY-SIXTH DAY

 

Saint Paul, Minnesota, Thursday, March 26, 2020

 

 

      Pursuant to the Speaker of the House of Representatives and the Majority Leader of the Senate, acting jointly in accordance with House Concurrent Resolution No. 3, the House of Representatives convened at 12:00 noon and was called to order by Melissa Hortman, Speaker of the House.

 

      Prayer was offered by Representative Todd Lippert, District 20B, Northfield, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Albright

Anderson

Backer

Bahner

Bahr

Baker

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Daniels

Daudt

Davids

Davnie

Dehn

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Fabian

Fischer

Franson

Freiberg

Garofalo

Gomez

Green

Gruenhagen

Haley

Hansen

Hassan

Hausman

Heinrich

Heintzeman

Hertaus

Howard

Johnson

Jordan

Jurgens

Klevorn

Koegel

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lillie

Lippert

Long

Lucero

Lueck

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Munson

Nash

Nelson, M.

Nelson, N.

Neu

Noor

Nornes

Novotny

O'Driscoll

Olson

Pelowski

Petersburg

Pierson

Pinto

Poppe

Pryor

Quam

Richardson

Robbins

Sandell

Sandstede

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Tabke

Torkelson

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      A quorum was present.

 

      Acomb, Becker-Finn, Considine, Grossell, Gunther, Halverson, Hamilton, Her, Hornstein, Huot, Kiel, Kotyza‑Witthuhn, Koznick, Lien, Lislegard, Mahoney, Mann, Mariani, Morrison, Murphy, O'Neill, Persell, Poston, Runbeck, Sauke, Theis, Urdahl, Vang, Vogel and Wagenius were excused.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


Journal of the House - 76th Day - Thursday, March 26, 2020 - Top of Page 7100

PETITIONS AND COMMUNICATIONS

 

 

      The following communications were received:

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

March 17, 2020

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Hortman:

 

      Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House File:

 

      H. F. No. 2959, relating to capital investment; appropriating money for the Rural Finance Authority; authorizing the sale and issuance of state bonds.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Tim Walz

                                                                                                                                Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

 

The Honorable Jeremy R. Miller

President of the Senate

 

      I have the honor to inform you that the following enrolled Acts of the 2020 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2020

 

Date Filed

2020

 

                               2959                       67                                        2:40 p.m.  March 17                             March 17

      3564                                                68                                        2:41 p.m.  March 17                             March 17

      3878                                                69                                        2:41 p.m.  March 17                             March 17

      4334                                                70                                        2:42 p.m.  March 17                             March 17

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Steve Simon

                                                                                                                                Secretary of State


Journal of the House - 76th Day - Thursday, March 26, 2020 - Top of Page 7101

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

March 17, 2020

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Hortman:

 

      Given recent developments in the State, I am rescinding my request to address a joint meeting of the 91st State Legislature on Monday, March 23, 2020 at 7:00 p.m. in the House Chamber at the Capitol.  I will instead televise my address to the Legislature and the State of Minnesota on a future date.

 

      Thank you.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Tim Walz

                                                                                                                                Governor

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Nelson, M., from the State Government Finance Division to which was referred:

 

H. F. No. 4, A bill for an act relating to health; prohibiting a manufacturer or wholesale drug distributor from charging unconscionable prices for prescription drugs; requiring the Board of Pharmacy, the commissioner of human services, and health plan companies to notify the attorney general of certain prescription drug price increases; authorizing the attorney general to take action against drug manufacturers and wholesalers related to certain price increases; imposing civil penalties; appropriating money; amending Minnesota Statutes 2018, sections 8.31, subdivision 1; 151.071, subdivision 1; Minnesota Statutes 2019 Supplement, section 151.071, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 151.

 

Reported the same back with the following amendments:

 

Page 10, line 2, before "$46,000" insert "(a)"

 

Page 10, after line 5, insert:

 

"(b) $427,000 in fiscal year 2021 is appropriated from the general fund to the attorney general to enforce Minnesota Statutes, section 151.462.  The base for this appropriation is $527,000 in fiscal year 2022 and $527,000 in fiscal year 2023."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means without further recommendation.

 

      The report was adopted.


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Nelson, M., from the State Government Finance Division to which was referred:

 

H. F. No. 1257, A bill for an act relating to health care coverage; requiring prescription drug benefit transparency and disclosure; amending Minnesota Statutes 2018, section 256B.69, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 62Q.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means without further recommendation.

 

      The report was adopted.

 

 

Liebling from the Health and Human Services Finance Division to which was referred:

 

H. F. No. 3449, A bill for an act relating to capital investment; appropriating money for the Native American Community Clinic in Minneapolis.

 

Reported the same back with the recommendation that the bill be re-referred to the Capital Investment Division.

 

      The report was adopted.

 

 

Hansen from the Environment and Natural Resources Finance Division to which was referred:

 

H. F. No. 3982, A bill for an act relating to climate change; establishing grant program to provide financial assistance to cities to address climate change; appropriating money.

 

Reported the same back with the recommendation that the bill be re-referred to the Energy and Climate Finance and Policy Division.

 

      The report was adopted.

 

 

Hansen from the Environment and Natural Resources Finance Division to which was referred:

 

H. F. No. 4311, A bill for an act relating to clean water; appropriating money from clean water fund.

 

Reported the same back with the recommendation that the bill be re-referred to the Legacy Finance Division.

 

      The report was adopted.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Howard and Olson introduced:

 

H. F. No. 4517, A bill for an act relating to housing; limiting late fees on rent during a public health emergency; limiting the filing of evictions during a public health emergency; creating the 2020 emergency housing assistance program; appropriating money for certain housing programs; amending Minnesota Statutes 2018, sections 504B.177; 504B.291, by adding a subdivision.

 

The bill was read for the first time and referred to the Housing Finance and Policy Division.


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Nelson, M., introduced:

 

H. F. No. 4518, A bill for an act relating to capital investment; appropriating money for an interchange project on marked Trunk Highway 252 in Brooklyn Park; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Capital Investment Division.

 

 

West, Swedzinski, Jurgens, Runbeck and Daniels introduced:

 

H. F. No. 4519, A bill for an act relating to public safety; prohibiting local units of government from interfering with a chief law enforcement officer's decision to apply for federal law enforcement grants; proposing coding for new law in Minnesota Statutes, chapter 181.

 

The bill was read for the first time and referred to the Public Safety and Criminal Justice Reform Finance and Policy Division.

 

 

Schultz introduced:

 

H. F. No. 4520, A bill for an act relating to human services; modifying long-term care consultation services; modifying long-term care options counseling; modifying reimbursement for long-term care consultation services; amending Minnesota Statutes 2018, sections 144.586, by adding a subdivision; 144D.04, subdivision 2; 144G.03, subdivision 4; 256.01, subdivision 24; 256.975, subdivisions 7, 7c, 7d, by adding subdivisions; 256B.055, subdivision 12; 256B.0575, subdivision 2; 256B.0911, subdivisions 1, 2b, 2c, 3, 3b, 4d, 6, by adding a subdivision; Minnesota Statutes 2019 Supplement, sections 144G.50, subdivision 2; 144G.70, subdivision 2; 256B.0911, subdivisions 1a, 3a, 3f, 5; repealing Minnesota Statutes 2018, section 256B.0911, subdivisions 3c, 3d, 3e.

 

The bill was read for the first time and referred to the Long-Term Care Division.

 

 

Scott introduced:

 

H. F. No. 4521, A bill for an act relating to education; removing exemptions from obscenity laws for public schools; creating a civil cause of action; amending Minnesota Statutes 2018, sections 617.291, subdivision 2; 617.295; 617.296, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Education Policy.

 

 

Lucero introduced:

 

H. F. No. 4522, A bill for an act relating to data privacy; establishing neurodata rights; modifying certain crimes to add neurodata elements; providing civil and criminal penalties; amending Minnesota Statutes 2018, sections 13.04, by adding a subdivision; 609.88, subdivision 2; 609.891, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 325E.

 

The bill was read for the first time and referred to the Judiciary Finance and Civil Law Division.


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Vogel introduced:

 

H. F. No. 4523, A bill for an act relating to motor vehicles; providing for a mental health identifier to be placed on a driver's license or state identification card; amending Minnesota Statutes 2018, section 171.07, by adding a subdivision; Minnesota Statutes 2019 Supplement, section 171.07, subdivision 6a.

 

The bill was read for the first time and referred to the Transportation Finance and Policy Division.

 

 

Koegel, Bernardy and Heinrich introduced:

 

H. F. No. 4524, A bill for an act relating to transportation; appropriating money for certain safety improvements.

 

The bill was read for the first time and referred to the Transportation Finance and Policy Division.

 

 

Torkelson introduced:

 

H. F. No. 4525, A bill for an act relating to taxation; individual income tax; section 179 expensing; federal tax conformity; interest and penalties; amending Minnesota Statutes 2018, sections 290.0131, subdivision 10; 290.0133, subdivision 12.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Kresha introduced:

 

H. F. No. 4526, A bill for an act relating to transportation; capital investment; appropriating money for highway‑rail grade separation project in Little Falls; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Transportation Finance and Policy Division.

 

 

Bahner, Elkins, Noor and Freiberg introduced:

 

H. F. No. 4527, A bill for an act relating to state government; changing the name of the Office of MN.IT Services; changing provisions in chapter 16E; amending Minnesota Statutes 2018, sections 16E.01; 16E.016; 16E.02; 16E.03, subdivisions 2, 3, 6; 16E.036; 16E.04, subdivision 3; 16E.0465, subdivision 2; 16E.05, subdivision 1; 16E.07, subdivision 12; 16E.21, subdivision 2; 97A.057, subdivision 1; Minnesota Statutes 2019 Supplement, section 16E.03, subdivision 1; repealing Minnesota Statutes 2018, sections 16E.0466, subdivision 1; 16E.05, subdivision 3; 16E.071; 16E.145.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Davnie introduced:

 

H. F. No. 4528, A bill for an act relating to education finance; authorizing a grant for Wilderness Inquiry for credit recovery programs; appropriating money; requiring a report.

 

The bill was read for the first time and referred to the Education Finance Division.


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Munson, Drazkowski and Bahr introduced:

 

H. F. No. 4529, A bill for an act relating to state government; prohibiting a legislator from being employed by or receiving compensation from certain types of businesses; proposing coding for new law in Minnesota Statutes, chapter 3.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Bahr introduced:

 

H. F. No. 4530, A bill for an act relating to military affairs; limiting when the governor may release the National Guard to federal active duty; proposing coding for new law in Minnesota Statutes, chapter 190.

 

The bill was read for the first time and referred to the Veterans and Military Affairs Finance and Policy Division.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Mann moved that the name of Pinto be added as an author on H. F. No. 718.  The motion prevailed.

 

      Vang moved that the name of Bahner be added as an author on H. F. No. 749.  The motion prevailed.

 

      Howard moved that the name of Bierman be added as an author on H. F. No. 1402.  The motion prevailed.

 

      Stephenson moved that the names of Jordan and Christensen be added as authors on H. F. No. 1405.  The motion prevailed.

 

      Pryor moved that the name of Brand be added as an author on H. F. No. 1668.  The motion prevailed.

 

      Cantrell moved that the name of Jordan be added as an author on H. F. No. 1805.  The motion prevailed.

 

      Wolgamott moved that the name of Bierman be added as an author on H. F. No. 2377.  The motion prevailed.

 

      Schultz moved that the name of Kotyza-Witthuhn be added as an author on H. F. No. 2475.  The motion prevailed.

 

      Her moved that the name of Klevorn be added as an author on H. F. No. 2526.  The motion prevailed.

 

      Claflin moved that the names of Masin and Edelson be added as authors on H. F. No. 3180.  The motion prevailed.

 

      Mann moved that the name of Bahner be added as an author on H. F. No. 3208.  The motion prevailed.

 

      Schultz moved that the name of Acomb be added as an author on H. F. No. 3402.  The motion prevailed.

 

      Nelson, M., moved that the name of Jordan be added as an author on H. F. No. 3499.  The motion prevailed.

 

      Becker-Finn moved that the name of Her be added as an author on H. F. No. 3670.  The motion prevailed.

 

      Halverson moved that the name of Bahner be added as an author on H. F. No. 3757.  The motion prevailed.


Journal of the House - 76th Day - Thursday, March 26, 2020 - Top of Page 7106

           Koegel moved that the name of Moller be added as an author on H. F. No. 3828.  The motion prevailed.

 

      Liebling moved that the name of Lillie be added as an author on H. F. No. 3980.  The motion prevailed.

 

      Persell moved that the name of Neu be added as an author on H. F. No. 4219.  The motion prevailed.

 

      Bierman moved that the name of Long be added as an author on H. F. No. 4306.  The motion prevailed.

 

      Noor moved that the name of Jordan be added as an author on H. F. No. 4414.  The motion prevailed.

 

      Davnie moved that the names of Cantrell, Jordan, Lippert and Kotyza-Witthuhn be added as authors on H. F. No. 4415.  The motion prevailed.

 

      Schultz moved that the name of Jordan be added as an author on H. F. No. 4416.  The motion prevailed.

 

      Lesch moved that the names of Cantrell, Lillie and Jordan be added as authors on H. F. No. 4454.  The motion prevailed.

 

      Davnie moved that the name of Youakim be added as an author on H. F. No. 4511.  The motion prevailed.

 

      Hansen moved that the name of Lee be added as an author on H. F. No. 4514.  The motion prevailed.

 

      Wolgamott moved that the names of Youakim, Cantrell and Jordan be added as authors on H. F. No. 4515.  The motion prevailed.

 

 

      Winkler introduced:

 

      House Concurrent Resolution No. 4, A House concurrent resolution relating to adjournment of the House of Representatives and Senate until the public interest warrants it.

 

 

SUSPENSION OF RULES

 

      Winkler moved that the rules be so far suspended so that House Concurrent Resolution No. 4 be now considered and be placed upon its adoption.  The motion prevailed.

 

 

HOUSE CONCURRENT RESOLUTION No. 4

 

A House concurrent resolution relating to adjournment of the House of Representatives and Senate until the public interest warrants it. 

 

Be It Resolved, by the House of Representatives of the State of Minnesota, the Senate concurring: 

 

1. Upon adjournment on March 26, 2020, the House of Representatives and the Senate may set the next day of meeting for April 14, 2020, or may stand adjourned until the second day after members of the House of Representatives and the Senate are notified to assemble pursuant to section 2, whichever is earlier.  The speaker of the House of Representatives and the majority leader of the Senate, respectively, may set the precise time of day members shall reassemble under this section or section 2.


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2. The speaker of the House of Representatives and the majority leader of the Senate, acting jointly after providing advance notice to the minority leader of the House of Representatives and the minority leader of the Senate, shall notify the members of the House of Representatives and Senate, respectively, to reassemble whenever the public interest, in the opinion of the speaker of the House of Representatives and the majority leader in the Senate, warrants it.

 

3.  By the adoption of this resolution, each house consents to adjournment of the other house for more than three days.

 

 

Winkler moved that House Concurrent Resolution No. 4 be now adopted.  The motion prevailed and House Concurrent Resolution No. 4 was adopted.

 

 

Winkler moved to amend the Temporary Rules of the House for the 91st Session as follows:

 

Add a new rule to read:

 

"ARTICLE 10 - EMERGENCY HOUSE OPERATIONS

 

10.01 EMERGENCY HOUSE OPERATIONS.  (a) During the peacetime emergency declared by the Governor on March 13, 2020, in Executive Order 20-01, or during any other peacetime emergency related to infectious disease Covid-19 declared by the Governor pursuant to Minn. Stat. Section 12.31 prior to January 31, 2021, the Minnesota House of Representatives may allow floor and committee procedures related to member debate and voting to occur by means of distance voting, remote electronic voting, or voting by other means designed to allow legislative operations while preserving the safety of the public, staff, and members.

 

(b) Use of distance voting, remote electronic voting, or voting by other means under paragraph (a) may only occur at the direction of the Speaker of the House after consultation with the minority leader and majority leader, must be used only to protect the health and safety of the public, staff and members, and must cease once doing so is no longer necessary to protect the health and safety of the public, staff, and members.

 

(c) Committee meetings held by alternate means must provide the public with an opportunity to provide testimony."

 

 

      The motion prevailed and the Winkler amendment to the Temporary Rules of the House for the 91st Session was adopted.

 

 

      There being no objection, the order of business reverted to Introduction and First Reading of House Bills.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House File was introduced:

 

 

Winkler, Hortman and Daudt introduced:

 

H. F. No. 4531, A bill for an act relating to state government; providing COVID-19 response efforts; establishing a COVID-19 Minnesota fund; modifying certain authorities; providing exemptions and extensions; modifying certain fees; eliminating refill timelines for opiate or narcotic pain relievers; extending due date for filing property tax appeals; modifying loan programs; providing for unemployment insurance for certain employees


Journal of the House - 76th Day - Thursday, March 26, 2020 - Top of Page 7108

affected by COVID-19; requiring reports; appropriating money for COVID-19 response efforts; amending Minnesota Statutes 2018, sections 116J.881; 116M.18, by adding a subdivision; 171.0605, subdivision 5; 241.75, subdivision 2; 609.105, subdivision 2; Minnesota Statutes 2019 Supplement, sections 41B.047, subdivisions 1, 3; 151.065, subdivisions 1, 3, 7; 152.11, subdivision 1.

 

The bill was read for the first time.

 

 

DECLARATION OF URGENCY

 

      Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Winkler moved that the rule therein be suspended and an urgency be declared and that the rules of the House be so far suspended so that H. F. No. 4531 be given its second and third readings and be placed upon its final passage.  The motion prevailed.

 

 

      H. F. No. 4531 was read for the second time.

 

 

H. F. No. 4531, A bill for an act relating to state government; providing COVID-19 response efforts; establishing a COVID-19 Minnesota fund; modifying certain authorities; providing exemptions and extensions; modifying certain fees; eliminating refill timelines for opiate or narcotic pain relievers; extending due date for filing property tax appeals; modifying loan programs; providing for unemployment insurance for certain employees affected by COVID-19; requiring reports; appropriating money for COVID-19 response efforts; amending Minnesota Statutes 2018, sections 116J.881; 116M.18, by adding a subdivision; 171.0605, subdivision 5; 241.75, subdivision 2; 609.105, subdivision 2; Minnesota Statutes 2019 Supplement, sections 41B.047, subdivisions 1, 3; 151.065, subdivisions 1, 3, 7; 152.11, subdivision 1.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 99 yeas and 4 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson

Backer

Bahner

Baker

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Daniels

Daudt

Davids

Davnie

Dehn

Demuth

Dettmer

Ecklund

Edelson

Elkins

Erickson

Fischer

Franson

Freiberg

Garofalo

Gomez

Green

Gruenhagen

Haley

Hansen

Hassan

Hausman

Heinrich

Heintzeman

Hertaus

Howard

Johnson

Jordan

Jurgens

Klevorn

Koegel

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lillie

Lippert

Long

Lucero

Lueck

Marquart

Masin

McDonald

Mekeland

Moller

Moran

Nash

Nelson, M.

Nelson, N.

Neu

Noor

Nornes

Novotny

O'Driscoll

Olson

Pelowski

Petersburg

Pierson

Pinto

Poppe

Pryor

Quam

Richardson

Robbins

Sandell

Sandstede

Schomacker


Journal of the House - 76th Day - Thursday, March 26, 2020 - Top of Page 7109

Schultz

Scott

Stephenson

Sundin

Swedzinski

Tabke

Torkelson

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Bahr

Drazkowski

Miller

Munson


 

 

      The bill was passed and its title agreed to.

 

 

IN MEMORIAM

 

      The members of the House of Representatives paused for a moment of silence in memory of former Representative Steve Dille of Dassel, Minnesota who served from 1987 to 1992, who passed away on Wednesday, March 25, 2020.

 

 

ADJOURNMENT

 

      Winkler moved that when the House adjourns today it adjourn until Tuesday, April 14, 2020 or until a time and date determined pursuant to House Concurrent Resolution No. 4.  The motion prevailed.

 

      Winkler moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until Tuesday, April 14, 2020 or until a time and date determined pursuant to House Concurrent Resolution No. 4.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives

 


 


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