Capitol Letter for April 4, 2023

The Capitol Letter™ is a recurring publication that provides reports from LWV Minnesota volunteer Observer Corps and Lobby Corps members on what is happening in the current legislative session.

Observer Reports

House Education Finance - Tuesday, March 28

LWVMN Observer Corps Member Cathy Thom

  • HF2497 (Youakim) - There were no testifiers, just an informational run-through of the omnibus finance bill and time for clarifying questions by members. This is a huge bill with a lot in it. Of particular interest to LWVMN: Civics Education - A one-credit "government and citizenship" course has been added to the 3.5 credit graduation requirements for social studies standards, but there is no grade level requirement listed for when it must be taught, only "beginning grade 9 in the 2024-25 school year." An AP or IB course may satisfy the credit. The bill includes a $150,000 allocation for Civics Education grants. A one-half credit personal finance course is also added to graduation requirements; Ethnic Studies & Genocide/Holocaust Education - Allocated $2 million & $150,000 respectively.

    • Ethnic Studies: The law specifies that school boards must "assess ethnic studies curriculum needs to determine priorities for integrating ethnic studies into existing courses or developing new courses." It states that an "ethnic studies credit may fulfill social studies, language arts, arts, or science credit if the credit meets the applicable state academic standards. An ethnic studies credit may fulfill an elective credit if the credit meets applicable local standards or other requirements." It also states that "ethnic studies curriculum may be integrated in existing curricular opportunities or provided through additional curricular offerings." The bill requires a district or charter school to offer an ethnic studies course that fulfills certain graduation requirements without adding to those credit requirements. Schools must provide "access to ethnic studies curriculum using culturally responsive methodologies for all learners," and tasks the Minnesota Department of Education (MDE) with "identifying a list of suggested materials, resources, sample curricula, and pedagogical skills for use in K-12 that accurately reflect the diversity of the state of Minnesota."

      Holocaust and Genocide Studies: Says that "a school district must, at a minimum, offer as part of its social studies curriculum for middle and high school education on the Holocaust, genocide of Indigenous Peoples, and other genocides.” It then specifies more specific requirements in regard to historical events of genocide that must be included.

  • It is worth noting that the bill requiring climate science instruction in schools was not included in this bill. Teachers of Color program: Combined receive over $50 million in funding, mostly ongoing, for various programs. This is the largest investment made to the programs that have collectively been known under the umbrella of the Increase Teachers of Color Act. Education committee approves DFL budget proposal along party lines

Senate Elections - Tuesday, March 28

LWVMN Observer Corps Member Cathy Thom

  • SF1636 (Carlson) - Senate Elections Omnibus Finance Bill - See the DE Amendment for an updated version of the bill. Provisions include: HAVA state match, Redistricting litigation fees & Office of the Secretary of State (OSS) Funding, Administration Changes and Funding, Changes to lobbyist registration rules at all levels of government, Restore the Vote funding, election security procedures and funding, and Early Voting Changes (18 days of actual early voting, increased from 7) - absentee ballots can be opened at close of business on the 19th day prior to the election. Additionally, the bill includes Campaign Finance Board Funding, Public Subsidy Change, Protections for election officials, and provisions for their removal for neglect of duty, malfeasance, or misconduct - tampering with election equipment, electioneering/apparel at polling places clarifications and the creation of a Ranked Choice Voting Task Force & funding.

    • TESTIMONY: Nicole Freeman, OSS - Thanked the Committee for releasing HAVA funds and the state match and funding for the new election provisions in the bill, redistricting fees, and OSS funding. Also, she thanked the author for streamlining and expanding the election process for election officials and voters, and for its campaign finance transparency provisions. Senator Rest's SF1548 was highlighted as a stand alone supplement to this bill that should be considered for passage to help cover local election administrative costs that this bill does not cover. Karina Villeda, LeadMN - Testified in favor of the bill because it empowers more young people to be engaged in the political and election processes. She said that research shows that young people tend not to vote as often and consistently as older generations due to barriers that relate to time, information, and process, rather than apathy. Alex Hassel, League of Minnesota Cities - Testified regarding the expansion of early voting. Expressed concerns about staffing and costs created by expanding early voting to 18 days, particularly the mandated evening and weekend hours. Fears that it may cause some cities to opt out of being early voting locations. Suggested that the mandatory evening and weekend hours be made optional for cities. Matt Hilgart, Association of Minnesota Counties (AMC) - Praised the election official and polling place provisions in the bill. Echoed the concerns that Ms. Hassel had about expanded hours in regard to staffing and costs for local governments. Also expressed concerns about Ranked Choice Voting, pointing out that some counties do want it, but advised caution and appreciated the additional language regarding the Task Force and implementation of RCV in those places that adopt it. Urged that AMC members be included on the RCV Task Force. Rod Adams, via Zoom, New Justice Project - Testified in favor of the expanded early voting measures in the bill. Said that it is easier than absentee voting processes, particularly for lower income workers. He urged doing the same expansions for local and primary elections as well, rather than just state elections. Maureen Reed, Board Chair of FairVote Minnesota - Praised the Rank Choice Voting provisions in the bill, claiming that it has much interest and support across the state by voters and local governments. Voters want more choice and more voice, and ranked choice voting offers them that. It would decrease extremism, partisanship, and divisions, and would all for more focus on issues. It ensures that those elected have actually earned the support of a majority of voters and have appealed to a broader section of the electorate. The local option in the bill (removed in the A24 Amendment) increases and expands local control, and the Task Force helps to explore the option to expand RCV throughout the state. Halley Norman, MN Voice - Testified in favor of the provisions that expand protections for election officials and workers, voters, and polling places. She also explained that expanding true early voting eliminates application paperwork, decreases the amount of absentee ballots cast, and allows election workers more time to process all absentee ballots from her work as an elections supervisor in Minneapolis. Michael Sack, via Zoom - Disability Advocate - Reminded the committee of the importance of accessibility at polling facilities, equipment, and processes for people with disabilities. He recommended adding a provision that would make it specifically okay for voters with disabilities to ask a poll worker for help. He also suggested requiring that there be someone at each polling place that knows how to fix special voting equipment reserved for people with disabilities when it malfunctions. Hennepin County Commissioner Kevin Anderson - Said that Hennepin County had a 70% turnout rate in 2022, with over 600,000 people casting a ballot. Thanked the authors for the matching HAVA funds, which greatly helps counties like his with election costs so that they don't have to pull from other budget areas to cover increased costs. He also praised the provisions for better protecting election workers, polling places, equipment, and voters. He appreciates the expanded early voting and increased early voting efficiency, along with funding for it, and the increased funding for better accessibility for voters with disabilities. Finally, he also praised the measures which would increase transparency in regard to electioneering. David Fisher, Clean Elections Minnesota - Cited the anniversary of Bloody Sunday in Selma, Alabama, and praised SF1636 as a good example of the expansion of voting rights in the spirit of Selma. Ranked Choice Voting provisions, anti-intimidation rules, early voting expansion and procedures, & Restore the Vote. Paul Huffman - Election Judge & LWVMN Voter Services Co-Chair - Supporter of the bill, particularly the protections for election officials & polling places. Said that it is "not imaginary or hypothetical - it is happening elsewhere, and also right here in MN. Many poll workers have left their jobs, and many more are considering it. Some voters are being misled regarding the integrity and accuracy of elections, and we need clear and strict consequences for those who think that those beliefs entitle them to intimidate or harass election workers. See Paul at 57:00! Lilly Sasse, We Choose Us - Supports the bill, glad to see so many provisions in the bill supported by the We Choose Us Coalition, including: Grants for polling locations, extended voting hours and early voting, protections for election workers and voters, and HAVA funding. Said that they would like to see more funding for voter education, and the extension of voting rights to incarcerated individuals, neither of which are in the bill.

    • MEMBER DISCUSSION: Senator Koran (R) - Stated that Ranked Choice Voting is a "solution in search of a problem" and creates more barriers to become a candidate for office in MN because of the special filing requirements for RCV as shown in Minneapolis. It also creates more division because supporters of losing candidates don't always accept the results. Lamented that the bill implies that MN has barriers to voting access, which he claims is not true. Said that pop-up voting locations should not be allowed unless there is a much longer notification period to make sure they are necessary and adequately staffed. Senator Westlin pointed out that the pop-up location notification period is 14 weeks. She also said that a 2022 61% voting rate is not as high as it could be, and so there is a need to expand access, and the expansion of true early voting has been shown to increase participation in all elections, especially in non-presidential years. Senator Anderson (R) - Requested a local impact statement from Finance. Andrew Erickson said that Senator Pratt would need to request it, as the ranking minority member of that committee.

Senate Elections - Monday, April 3

LWVMN Observer Corps Member Amy Caucutt

  • Main point of this committee hearing was to finalize the last amendments to the omnibus elections budget bill SF1636 (above). Last week it had been substantially amended. Today much of ranked choice voting (this bill had allowed local option in off-year elections) was eliminated leaving only a task force to study "feasibility" as well as a small grant program for cities currently using this method to educate community members whose participation has been low. Even the nearly total gutting of the ranked choice voting provision was not enough for GOP members who pointed to a recent Humphrey School Study on this voting method to back up their claims that ranked choice voting does not accomplish its purported goals and leads to confusion and mistrust at the polls. Sen. Carlson thanked the committee for their help in continuing to craft this bill. He noted that minority members were heard although not completely given in to. Vote to send amended bill on to Finance was strictly party line.

    • This bill’s extra funding for "Restore the Vote" will supplement ongoing work with the Dept. of Corrections and others engaging the newly enfranchised voters according to Nicole Freeman from the Office of the Secretary of State. She said that her office was thankful after determining it was needed from studying the efforts of other states that had recently implemented this.

Senate Energy, Utilities, Environment, and Climate - Wednesday, March 29

LWVMN Observer Corps Member Sherry Hood

  • SF 2542 (Frentz) - The Committee’s Policy Omnibus bill was amended several times to correct definitions, along with an amendment to add legislative review of administrative accounts yearly. Amendments passed unanimously and the bill passed. SF 2847 (Frentz) - Budget Omnibus bill to SF2542 - asks for an appropriation of $255 million from the General Fund for 2024 & 2025. Testifiers in favor of the bill and its appropriations: Grace Arnold, MN Department of Commerce; Will Seuffert, Public Utilities Commission (PUC); Chris Clark, Xcel Energy President of MN, SD & ND; Kevin Pranis, LiUNA MN & ND; Joel Johnson, IBEW State Council & Abby Hornberger, Blue Green Alliance, who spoke particularly on the ‘Buy Clean and Buy Fair MN Act’. Those opposed to the bill: Brian Cook, MN Chamber of Commerce, who said this bill would be too expensive for utility customers with too much government interference; John Boesche, Association of Builders and Contractors of MN & ND, against the requirement for prevailing wages and the registered apprenticeship program. Those for this bill but asking for more money: Charles Sutton, on behalf of labor carpenters and Amber Backhaus, MN Association of Car Dealers who thought there should be much more money appropriated (spent) on electric vehicle incentives. Brendan Jordan of Drive Electric MN also testified that the EV rebate appropriation is not enough. A testifier representing the Prairie Island Tribal Community requested that the tribal members get compensated equally to the residents of Red Wing for the storage of nuclear waste since they had no knowledge before the nuclear plant’s construction of the close proximity to their community and are compensated annually much lower than Red Wing. Several committee members said that it was a disgrace what happened to the tribal community and said that a separate bill from the Omnibus bill should be introduced to match the same as Red Wing. Despite the inclusion of bipartisan provisions, SF2847 passed the committee along party lines and was re-referred to the Finance Committee. If successful, it heads to the Senate floor for passage and then reconciliation in a Conference Committee with its Companion (see below) before needing the Governor’s signature. Study of Nuclear Energy Included

House Climate and Energy Finance and Policy - Wednesday, March 29

LWVMN Observer Corps Member Cindy Holker

  • HF2754 (Acomb) - Climate and Energy Omnibus. Discussion and Amendments: Republican Lead Chris Swedzinski proposed the majority of the amendments with responses from Author Patty Acomb and none of them were adopted: To set aside money ($3.5mil) for the Attorney General's office to fight anticipated legal action by North Dakota regarding a law stating that all electricity in MN must come from renewable energy sources by 2040. MN currently is a large customer of North Dakota's coal generated electricity. Response stated that the AG's office is already funded to do this work.; To add an affordability goal maintaining MN's historical goal of the cost of energy being 95% of the country average for 24 months. Response - bill addresses energy cost savings in other ways.; To set aside funds to initiate a study that better understands the impact of wind turbine farms adjacent to public land and its impact on wildlife and hunting. Response - not comfortable telling a private landowner what they can and can not do on their land and study takes money from other components of the bill that they do not want to see go away.; To initiate a study to better understand the impact of utilizing 100,000 acres of land for solar farms. What is the impact to food production and costs, loss of jobs, impact to land. Same response as the point above - dictating what people can and can't do with their land and this would take funds from other important provisions.; To allow for more off ramps to the bill that ensures all electricity supplies come from renewable sources by 2040. Again, the amendment addressed the concern about the cost of energy to our citizens and lack of local co-op participation in writing the bill. Ultimately, the dynamic of this committee was very positive and both sides thanked the other side for good, respectful dialog during all of the committee hearings and thanked Chair Acomb for allowing the discussion to happen. Rep Swedzinski hopes that when the bill goes to the Conference Committee there will be more opportunity to make changes that would garner bipartisan support. There was a back and forth regarding who actually benefits from the bill with Republicans saying that wealthy people who can afford to buy an electric vehicle or can afford to put solar panels on their house are the benefactors countered by an argument that underprivileged populations benefit from lower carbon emissions along major highways where they live (between highways 94 and 35) as an example. The bill passed along party lines to be re-referred to the Ways and Means Committee. Read more about the DFL's energy plan and the agreement between Xcel Energy and the Prairie Island Community to Store Spent Nuclear Waste

House Environment and Natural Resources Finance and Policy - Wednesday, March 29

LWVMN Observer Corps Members Rita Mills and Melanie Willett

  • Rita: HF1900 (Hollins) - Renewal of the “Environment and Natural Resources Trust Fund”, and constitutional amendment proposed for the 2024 election. The Trust Fund was created in 1988, reauthorized 1998, and is set to expire in 2024 and works with the DNR and other state agencies to research and administer grants. Amendment changes from previous amendment: establishing a 25 year sunset on dedication of lottery proceeds; creating a community grant advisory council to work on equity of distribution and focusing on communities previously having difficulty accessing funding; adding clarity on how funds can or cannot be used; increasing funds from 40 to 50%; trying to target more grants to underserved communities by changing access to funding; moving unclaimed prize money to trust. 9 testifiers supporting the bill included: Audubon MN, Frogtown Green (St. Paul), Great River Green, Backcountry Hunters & Anglers, COPAL, DNR, Conservation MN, (Rick Heller), Conservation Corps MN. Summary of testifier comments supporting the bill: funds provide research on Mississippi River, migratory birds, expand green space in areas (i.e., Frogtown); increase tree canopy needed in specific communities; expand flora and fauna in urban areas; support the “Bee Line”, the pollinator Central extending from metro area to St. Cloud; add cover crops in southern MN; work with 120+ high schools in central MN; reintroduction of plants and species across the state; provide to DNR a model for grants; increase diversity in conservation field; form partnerships, bringing a variety of groups together. Questions and comments amongst committee members were about the sort of organizations that might be included with amendment changes that hadn’t been previously included, the approximate amount of money that would be distributed annually, wondering about the duplication of language as in adding water to this version. Trying to address smaller organizations that are sometimes left out of the process because of having to spend money they don’t have, then waiting to be reimbursed is currently a concern. Grants would continue to be distributed on a rigorous, competitive basis, following an established process.

  • HF2778 (R. Hansen) - This bill modifies the membership of the Legislative-Citizen Commission on Minnesota Resources (LCCMR) effective January 1, 2026, and makes other changes governing the LCCMR and the Environmental and Natural Resources Trust Fund. The LCCMR is tasked with making recommendations on how money in the ENRTF is spent. According to Rep. Hansen, if putting the ENRTF on the 2024 ballot, the LCCMR (Legislative Citizens Commission) needs to be reformed. For example, some changes proposed in the amendment were the number of members and how they would be distributed and appointed amongst legislators and citizens in addition to length of terms. What was proposed appears to have bipartisan support, and the bill was referred to the Ways and Means Committee.

  • Melanie: HF2310 (R. Hansen) - House Environment Omnibus (including Zero Waste Grants, Cumulative Impacts on Environmental Justice Communities, Reinstatement of the MPCA Citizens’ Board, and Regulating the Use of PFAS). The following amendments were passed due to mostly changes in language: A1: St. Louis County increased access to their funds from 5% to 50% of federal money allocated to Minnesota via the American Rescue Plan to remove PFAS from water and to protect Lake Superior from further PFAS contamination.; A2: Lead in ammunition must be changed to a different material to protect wildlife.; A6: Streamlined the language in regards to Zero Waste. A7: Minnesota Pollution Control Agency’s (MPCA) new grant for green infrastructure and stormwater. A10: Changes to the Legislative-Citizen Commission on Minnesota Resources (LCCMR) reform which entails having minority party members appointed by the minority and not by the majority. There was also a decrease in the number of people needed for approval from twelve to eleven as to not have a supermajority. LCCMR members may not be registered lobbyists or have financial conflicts of interest. Rep. Heintzman (R) was worried about the bill’s lack of economic development, language, and increased DNR fees for licenses, and requested a roll call on the bill. Rep. Hansen responded to Heintzman that large amounts of money had been spent in the past for specific DNR projects and this bill was more financially encompassing to the varied and vast environmental agencies of Minnesota. He noted that this is the largest one-time increase in the environment in our history. The bill passed 9-7 with Rep. Lislegard (DFL) joining the Republican Committee members in opposition and was referred to the Ways and Means Committee.

Senate Environment, Climate, and Legacy - Thursday, March 30

LWVMN Observer Corps Member Audrey Kramer

  • SF2438 (Hawj) - Senate Environment Omnibus Bill - This monumental environment and climate bill covers wildly different topics such as toxic chemicals, state park trails, deer farming, turtle licensing, or watercraft use for 12-year olds! Article 1 specifies the appropriations for each law. Article 2 clarifies modifications to previous laws, and Article 3 contains land transfers or purchases. March 28th was the appropriations presentation of Senator Hawj's bill without discussion. On March 30th amendments were passed or rejected based on Senator Hawj's allowance or disallowance. Total cost for 126 pages of environmental law on clean air, water, and soil: $670,000,000 with $90,000,000 of it being the “tails” for years 2024 and 2025. (Often Governor Walz's budget was higher than the Senate’s for the various environmental laws.) Many agencies will be responsible for carrying out the protocol and enforcement of the newly modified laws in this Environmental Omnibus Bill. The Minnesota Pollution Control Agency (MPCA) handles laws dealing with water issues, fish kill, PFAS, neonicotinoids, products containing cadmium or lead, storage tanks, or training say for chloride removal or cumulative impact for air permits relating to solid waste or hazardous waste disposals. The Department of Natural Resources (DNR) takes charge of carp removal, watercraft laws, fishing licensing even for military or National Guardsmen and spouses, turtle harvesting laws and licensing, enhancing North Woods regional trails, and allotting the lottery funds for the underserved recreational activities, ATV trails, and parks including Metro parks. The DNR must also deal with transfer of the Upper Sioux Agency State Park to the Upper Sioux Community. In addition, the DNR also has been given the job of administering and enforcing all the statutes that govern farmed white-tailed deer. The Board of Water and Soil Resources (BWSR) determines development of grassland for native vegetation, the Lawns to Legumes program, peatland for carbon sequestration including the use of cost-share programs for encouraging land use best practices. BWSR is also responsible to provide financial assistance for no till farming, field borders, cover crops and other practices designed to acquire water quality, soil productivity, climate change resiliency, or carbon sequestration benefits. The gentle and kind leadership of the Chair, Senator Foung Hawj, was praised repeatedly by members for his achievement of the SF2438 Environment and Climate Omnibus bill in its final form. With unanimous passage, the bill is now on its way to the Finance Committee.

House Press Release and Floor Session - Thursday, March 30

LWVMN Observer Corps Member Dianne Griebel Melzer

  • HF733 - Nursing facility payment rates modified, elderly waiver rates modified, payment rates for customized living services provided under disability waivers modified, payment rates for home-delivered meals under disability waivers modified, and money appropriated. Rep. Torkelson moved that the Rules of the House be suspended, that HF733 be recalled from the committee on Human Service Finance.  Representatives Torkelson (R), Johnson (R), Zeleznikar (R), Joy (R), Franson (R), O'Driscoll (R), Robbins (R), Perryman (R), Anderson (R) spoke on nursing homes in their districts or nearby their districts, and on the need for more funding and that the budget targets were insufficient. Rep. Urdahl urged a Yes vote on a Motion to declare an Urgency. Rep. Natalie Zeleznikar (R), who has been an administrator of a nursing home and worked in homes for 30 years, expressed her great concern that skilled nursing homes direly need more funds to continue than are being allotted to remain open. Rep. Long (DFL) felt that the 853M allotted is enough. Roll call on the Suspension of the Rules was 58 Yes, 70 No. Senate GOP Would Support Bonding Bill with $500 million Nursing Home Boost

    • Rep. Torkelson organized a Press Release with four speakers who were admins/CEOs of rural nursing homes in and surrounding New Ulm, Morris, Mora, St. Joseph, Grand Rapids and many others. All speakers are very concerned that their skilled nursing homes do not receive enough funds so that they can remain open and pay staff enough to keep them working in this sector. At this time many beds remain empty due to lack of staff and many hospital patients cannot be transferred to them so they must remain in the hospital. In just October of 2022 in Minnesota, 11,000 persons in need of care were denied access. There are nearly 20,000 nursing positions open statewide. The CEO of Partner Senior Living Options who has been involved in social work/nursing homes for 30 years said she has “never seen anything so dire as it is right now.”  The Administrator of Oak Hills in New Ulm said, “…budget targets did not recognize the largest constituency group in Minnesota—our aging population. Seniors and caregivers are outraged that the vision of ‘One Minnesota’ does not appear to include older adults….”

House Elections Finance & Policy - Friday, March 31

LWVMN Observer Corps Member Cathy Thom and Amy Caucutt

  • Cathy: HF1723 (Freiberg) - House Elections Omnibus bill as amended (DE1) passed by a vote of 8-5 to be re-referred to Ways & Means. The comprehensive elections bill includes: HAVA funds, the payment of redistricting legal fees, additional funding for the Secretary of State's Office, and some election administration clarifications. Those include: Census employees must be allowed into multi unit facilities. Addition and clarification of rules for post-secondary institutions in regard to notification/registration of voting for their students. Changing the qualifications for becoming a major political party from 10% from 5% of the total vote in an election. Adds designated employees of residential treatment, assisted living, and adult foster care facilities to those that can submit completed absentee ballots on behalf of residents. Clarification of rules and processes for challenging voter eligibility. Increase actual in-person early voting from 7 to 18 days prior to election day and mandating notification of locations and for certain hours of operation for early voting locations. Provisions for adoption and implementation of National Popular Vote once the threshold of states adopting it has been reached. Direct mailing of ballots to those on the permanent absentee ballot list. Adoption of Automatic Voter Registration and pre-registration of 16-17 year-olds. Increased ballot language translations and provision of interpreters at polling places. Increased civil and criminal protections from and penalties for intimidation/harassment of election officials and voters. Prohibition of foreign nationals from contributing to MN campaigns and spending in our elections and defines foreign nationals and foreign investors. Expansion of conflict of interest disclosure requirements for candidates when they file for office. Expanding registration of lobbyists to those who lobby all officials at all levels of government within the state. Addition of rules regarding virtual currency contributions, particularly reporting. Increased transparency regulations regarding "electioneering communications" versus "express advocacy" communications, particularly in regard to advertising and other communications within 30-60 days of an election. There were several clarifying amendments offered by DFL members that were adopted.

  • Amy: Rep. Pursell (A-4 worked out compromise with colleges to only list on-campus students for polling places), Rep. Frederick (A-6 technical time change to 47 days notice not 14 weeks notice- on pop-up voting locations), Rep. Greenman (A-10 AVR only required of agencies when OKed by Feds, and state funded). All added with little discussion. A-10 amendment by Rep. Torkelson and GOP Reps on committee, removes most of the bill, leaving only the parts that both parties agree to. Lots of heartfelt discussion...bordering on questioning motives.. on this, using mainly DFL and GOP talking points. defeated 3-8.

    • Continuing plea by GOP members to follow the long standing tradition of bipartisan only election bills. Rep. Coulter reminded GOP members of the all-GOP constitutional amendment to require voter picture ID that passed GOP controlled legislature and did not need DFL Governor Dayton's approval but was defeated at the polls. It turns out that bi-partisan election bills have been required for very practical (if not noble) reasons as complete control of the Legislature by one party is very rare in MN.

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