Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

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MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION

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12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.
Very respectfully,
President

Received as information.

STATEMENT BY REP. T.C. ALEXANDER

Rep. T.C. ALEXANDER made a statement relative to Rep. LINDSEY GRAHAM'S service in the House.

STATEMENT BY REP. GRAHAM

Rep. LINDSEY GRAHAM made a statement relative to his service in the House of Representatives.

STATEMENT BY REP. GRAHAM

Rep. LINDSEY GRAHAM made a statement relative to Rep. T.C. ALEXANDER'S service in the House.

STATEMENT BY REP. T.C. ALEXANDER

Rep. THOMAS ALEXANDER made a statement relative to his service in the House of Representatives.

STATEMENT BY REP. WILKINS

Rep. WILKINS and the Greenville Delegation made a statement relative to Rep. BOYD O'DELL "DELL" BAKER'S service in the House.

STATEMENT BY REP. BAKER

Rep. DELL BAKER made a statement relative to his service in the House of Representatives.

STATEMENT BY REP. WRIGHT

Rep. WRIGHT made a statement relative to Betty Amick's retirement as Calendar Clerk of the House.

COMMITTEE TO NOTIFY SENATE

The SPEAKER appointed Reps. BAKER, WHITE and R. YOUNG as a committee to notify the Senate that the House had completed its work and ready to adjourn Sine Die.

Printed Page 8092 . . . . . Thursday, June 2, 1994
MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4323:
H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO

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AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT; AND TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO PROVIDING SIGNS STATING THE PENALTY FOR ARMED ROBBERY, SO AS TO REMOVE FROM THE SIGN CERTAIN PROVISIONS.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT; AND TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO PROVIDING SIGNS STATING THE PENALTY FOR ARMED ROBBERY, SO AS TO REMOVE FROM THE SIGN CERTAIN PROVISIONS.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it recedes from its amendments to S. 1284, and requests that proper notation be recorded on the Bill.
S. 1284 -- Senator Hayes: A BILL TO AMEND SECTION 4-29-68, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SOURCE REVENUE BONDS, SO AS TO CLARIFY THAT REVENUES RECEIVED AND RETAINED BY A

Printed Page 8094 . . . . . Thursday, June 2, 1994
COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE DISTRICT FROM A PAYMENT IN LIEU OF TAXES PURSUANT TO THE PROVISIONS OF SECTION 4-1-170, 4-29-60, OR 4-29-67 AND THESE REVENUES ARE DERIVED IN WHOLE OR IN PART FROM A REDEVELOPMENT PROJECT AREA ESTABLISHED PURSUANT TO CHAPTER 6, TITLE 31, SHALL ALLOCATE THE REVENUES IN ACCORDANCE WITH THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 31-6-70 AS IF THESE REVENUES REMAINED AD VALOREM TAXES, PROVIDE THAT ALL TAXES COLLECTED IN THE REDEVELOPMENT PROJECT AREA NOT SUBJECT TO THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO SECTION 31-6-70 BECOME PAYMENTS IN LIEU OF TAXES AND THE PORTION COLLECTED BY THE MUNICIPALITY MAY BE PLEDGED TO SECURE SPECIAL SOURCE REVENUE BONDS.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it requests the return of S. 1284.
S. 1284 -- Senator Hayes: A BILL TO AMEND SECTION 4-29-68, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SOURCE REVENUE BONDS, SO AS TO CLARIFY THAT REVENUES RECEIVED AND RETAINED BY A COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE DISTRICT FROM A PAYMENT IN LIEU OF TAXES PURSUANT TO THE PROVISIONS OF SECTION 4-1-170, 4-29-60, OR 4-29-67 AND THESE REVENUES ARE DERIVED IN WHOLE OR IN PART FROM A REDEVELOPMENT PROJECT AREA ESTABLISHED PURSUANT TO CHAPTER 6, TITLE 31, SHALL ALLOCATE THE REVENUES IN ACCORDANCE WITH THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 31-6-70 AS IF THESE REVENUES REMAINED AD VALOREM TAXES, PROVIDE THAT ALL TAXES COLLECTED IN THE REDEVELOPMENT PROJECT AREA NOT SUBJECT TO

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THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO SECTION 31-6-70 BECOME PAYMENTS IN LIEU OF TAXES AND THE PORTION COLLECTED BY THE MUNICIPALITY MAY BE PLEDGED TO SECURE SPECIAL SOURCE REVENUE BONDS.
Very respectfully,
President

S. 1284--RETURNED TO THE SENATE

The Bill was returned to the Senate upon their request.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1284:
S. 1284 -- Senator Hayes: A BILL TO AMEND SECTION 4-29-68, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SOURCE REVENUE BONDS, SO AS TO CLARIFY THAT REVENUES RECEIVED AND RETAINED BY A COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE DISTRICT FROM A PAYMENT IN LIEU OF TAXES PURSUANT TO THE PROVISIONS OF SECTION 4-1-170, 4-29-60, OR 4-29-67 AND THESE REVENUES ARE DERIVED IN WHOLE OR IN PART FROM A REDEVELOPMENT PROJECT AREA ESTABLISHED PURSUANT TO CHAPTER 6, TITLE 31, SHALL ALLOCATE THE REVENUES IN ACCORDANCE WITH THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 31-6-70 AS IF THESE REVENUES REMAINED AD VALOREM TAXES, PROVIDE THAT ALL TAXES COLLECTED IN THE REDEVELOPMENT PROJECT AREA NOT SUBJECT TO THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO SECTION 31-6-70 BECOME PAYMENTS IN LIEU OF TAXES AND THE PORTION COLLECTED BY THE

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MUNICIPALITY MAY BE PLEDGED TO SECURE SPECIAL SOURCE REVENUE BONDS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MOTION ADOPTED

Rep. T.C. ALEXANDER moved that the House recede at 5:00 P.M. subject to the Ratification of Acts, and stand adjourned Sine Die upon completion of the Ratification of Acts, or 8:00 P.M., whichever occurs sooner, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5286 -- Rep. Meacham: A CONCURRENT RESOLUTION COMMENDING AND THANKING CHIEF BOBBY KIMBRELL FOR HIS EXEMPLARY SERVICE TO LAW ENFORCEMENT AND AS CHIEF OF POLICE OF THE TOWN OF FORT MILL, AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT.

H. 5287 -- Reps. G. Brown, Hines and Harvin: A CONCURRENT RESOLUTION TO HONOR W. M. JEFFERSON UPON HIS RETIREMENT AS ASSISTANT SUPERINTENDENT FROM THE LEE COUNTY SCHOOL DISTRICT.

H. 5288 -- Reps. Shissias, J. Brown, Byrd, Corning, Cromer, Harrison, Neal, Quinn, Rogers, Scott and Waites: A CONCURRENT RESOLUTION COMMENDING DR. JOHN H. HUDGENS FOR HIS OUTSTANDING SERVICE AS SUPERINTENDENT OF RICHLAND SCHOOL DISTRICT TWO, AND WISHING HIM HAPPINESS AND SUCCESS IN HIS FUTURE ENDEAVORS.

H. 5289 -- Reps. Harrison, J. Brown, Byrd, Cromer, Neal, Quinn, Rogers, Scott, Shissias and Waites: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE ROLAND S. CORNING, OF RICHLAND COUNTY FOR HIS EXCELLENT PUBLIC SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, AND EXPRESSING APPRECIATION FOR HIS FRIENDSHIP AND

Printed Page 8097 . . . . . Thursday, June 2, 1994
WISHING HIM THE BEST IN HIS NEW POSITION ON THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION.

H. 5290 -- Rep. Rhoad: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP DISAPPOINTMENT OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON LEARNING OF THE DECISION OF HONORABLE JAMES P. "PREACHER" HARRELSON OF COLLETON COUNTY NOT TO OFFER FOR REELECTION AND TO THANK HIM FOR HIS LONG AND DISTINGUISHED SERVICE TO THE STATE OF SOUTH CAROLINA AND TO WISH HIM WELL IN THE FUTURE.

H. 5303 -- Reps. Harrell, Fulmer, J. Bailey, Barber, Breeland, Gonzales, Hallman, Holt, Hutson, Inabinett, Whipper and R. Young: A CONCURRENT RESOLUTION CONGRATULATING C. E. WILLIAMS MIDDLE SCHOOL OF CHARLESTON COUNTY ON ITS SELECTION AS A NATIONAL BLUE RIBBON SCHOOL.

H. 5304 -- Reps. Wilkes, Sheheen, Rhoad, P. Harris, McAbee, Carnell, Stoddard, Harrelson, J. Wilder, G. Bailey, M.O. Alexander, Mattos, McKay, Kinon, Holt, H. Brown and Boan: A CONCURRENT RESOLUTION EXPRESSING THE HEARTFELT GOOD WISHES AND SINCERE GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO WALTER BOYD BROWN, SR., RESIDENT VICE PRESIDENT OF NORFOLK SOUTHERN RAILWAYS, UPON HIS FORTHCOMING RETIREMENT.

RATIFICATION OF ACTS

At 7:00 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R513) S. 88 -- Senators McConnell and Rose: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-75 SO AS TO REQUIRE FACILITIES PERFORMING SECOND TRIMESTER OR FIVE OR MORE FIRST TRIMESTER ABORTIONS TO BE LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS; TO AMEND SECTION 44-41-10, AS AMENDED, RELATING TO DEFINITIONS CONCERNING ABORTIONS, SO AS TO CHANGE A REFERENCE IN THE DEFINITION OF HOSPITAL; TO AMEND

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SECTION 44-41-70, RELATING TO REGULATIONS FOR CERTIFICATION OF HOSPITALS AND OTHER FACILITIES, SO AS TO INCLUDE FACILITIES IN WHICH FIRST TRIMESTER ABORTIONS ARE PERFORMED; TO AMEND SECTION 44-93-100, RELATING TO EXCEPTIONS TO THE EXEMPTION OF SMALL QUANTITY GENERATORS FROM THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO REQUIRE THESE GENERATORS TO MANAGE FETAL TISSUE AND EMBRYONIC TISSUES IN ACCORDANCE WITH THE REQUIREMENTS FOR PATHOLOGICAL WASTE; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO HEALTH FACILITY LICENSING DEFINITIONS, SO AS TO DEFINE FACILITIES WHEREIN ABORTIONS ARE PERFORMED; TO AMEND SECTION 44-7-260, AS AMENDED, RELATING TO FACILITIES REQUIRED TO BE LICENSED, SO AS TO INCLUDE FACILITIES WHEREIN ABORTIONS ARE PERFORMED; TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80 AS ARTICLE 1, CHAPTER 41, TITLE 44 ENTITLED "ABORTIONS GENERALLY"; TO AMEND CHAPTER 41, TITLE 44 BY ADDING ARTICLE 3 SO AS TO ENACT THE "WOMAN'S RIGHT TO KNOW ACT" INCLUDING PROCEDURES FOR PROVIDING INFORMATION AND ACCESS TO INFORMATION TO WOMEN PRIOR TO OBTAINING AN ABORTION, INFORMATIONAL MATERIAL THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST PUBLISH PENALTIES, ANONYMITY OF A WOMAN IN COURT PROCEEDINGS BROUGHT UNDER THIS ARTICLE; TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO EXEMPTIONS FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT SO AS TO INCLUDE THE NAME, ADDRESS, AND PHONE NUMBER OF A PERSON TO WHOM A MOTOR VEHICLE LICENSE PLATE IS REGISTERED AND PROVIDE THAT THIS EXEMPTION DOES NOT APPLY TO LAW ENFORCEMENT OFFICERS AND AGENCIES; TO AMEND SECTION 44-41-60, AS AMENDED, RELATING TO REPORTING ABORTIONS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO EXCLUDE THE REPORTING OF A PHYSICIAN'S NAME.

(R514) S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: AN ACT TO AMEND CHAPTER 25, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CREATE THE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; TO INCREASE

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THE PENALTY FOR THE CRIME OF CRIMINAL DOMESTIC VIOLENCE, TO INCREASE THE PENALTY FOR VIOLATING THE TERMS AND CONDITIONS OF AN ORDER OF PROTECTION, TO DELETE REFERENCES TO FAMILY TO CONFORM TO OTHER PROVISIONS IN THIS ACT, AND TO AUTHORIZE THE COURT TO SUSPEND THE IMPOSITION OR EXECUTION OF A VIOLATION OF SECTIONS 16-25-20 OR 16-25-50; TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT" SO AS TO CHANGE THE "FAMILY OR HOUSEHOLD MEMBER" TO "HOUSEHOLD MEMBER" AND INCLUDE IN THESE DEFINITIONS "PERSONS WHO HAVE A CHILD IN COMMON, AND A MALE AND FEMALE WHO ARE COHABITATING OR FORMERLY HAVE COHABITATED, TO DELETE FROM THE DEFINITION OF "ORDER OF PROTECTION" A REFERENCE TO FAMILY; AND TO AMEND SECTION 20-4-40, RELATING TO A PETITION FOR AN ORDER OF PROTECTION, SO AS TO DELETE REFERENCES TO FAMILY.

(R515) S. 398 -- Senator Hayes: AN ACT TO AMEND SECTION 27-37-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXECUTION OF A WRIT OF EJECTMENT, SO AS TO GIVE THE OCCUPANT TWENTY-FOUR HOURS TO VACATE VOLUNTARILY, PROVIDE THAT IF THE OCCUPANT REFUSES TO VACATE WITHIN TWENTY-FOUR HOURS AND THE PREMISES APPEAR TO BE OCCUPIED AND THE OCCUPANT DOES NOT RESPOND, THE CONSTABLE OR DEPUTY SHERIFF SHALL LEAVE A COPY OF THE WRIT ATTACHED AT THE TOP OF THE DOOR OR IN THE MOST CONSPICUOUS PLACE, TO PROVIDE THAT TWENTY-FOUR HOURS FOLLOWING THE POSTING OF THE WRIT, IF THE OCCUPANTS HAVE NOT VACATED THE PREMISES VOLUNTARILY, THE DEPUTY SHERIFF MAY ENTER THE PREMISES BY FORCE, USING THE LEAST DESTRUCTIVE MEANS POSSIBLE, IN ORDER TO EFFECTUATE THE WRIT.

(R516) S. 436 -- Senator Richter: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-765 SO AS TO PROVIDE FOR INVESTIGATIONS OF TRAFFIC COLLISIONS WHEN A MOTOR VEHICLE OR MOTORCYCLE OF A LAW ENFORCEMENT AGENCY OR THE DEPARTMENT OF PUBLIC SAFETY IS INVOLVED AND SECTION 56-5-4192 SO AS TO

Printed Page 8100 . . . . . Thursday, June 2, 1994
AUTHORIZE THE MOVEMENT OF MOBILE HOMES ON HIGHWAYS ON A SATURDAY PURSUANT TO OPEN-END PERMITS.

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