Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

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Printed Page 3190 . . . . . Thursday, May 25, 1995

There was no objection.

On motion of Senator COURTNEY, with unanimous consent, the Bill was ordered placed on the Calendar.

RECALLED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

H. 3765 -- Reps. Meacham, Elliott, Herdklotz, Allison, Mason, Simrill, Wells, Moody-Lawrence, Littlejohn, Easterday, A. Young, Tripp, Rice, Fleming, Cato, Koon, Gamble and Riser: A BILL TO AMEND SECTION 16-25-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.

Senator WILLIAMS asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

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

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

RECALLED, ADOPTED

RETURNED TO THE HOUSE

H. 4191 -- Rep. Kinon: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO


Printed Page 3191 . . . . . Thursday, May 25, 1995

DESIGNATE AND NAME A PORTION OF STATE ROAD S-17-75, EAST THIRD AVENUE, IN DILLON COUNTY AS THE "W. JESSE FORD HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

Senator ELLIOTT asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

The Senate proceeded to a consideration of the Resolution. The question being the adoption of the Resolution.

The Resolution was adopted and ordered returned to the House of Representatives.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 870 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE HIGHWAY 76/378 IN SUMTER COUNTY AS THE R. J. CHIC MATHIS HIGHWAY.

Whereas, R. J. Chic Mathis of Sumter served as a member of the South Carolina State Highways and Public Transportation Commission from 1983 to 1987. He was elected vice chairman of the commission in 1985 and chairman in 1986. On the commission, he represented District 3 (Clarendon, Lee, Sumter, and Williamsburg counties); and

Whereas, Mr. Mathis exemplified drive, determination, and leadership during his years as a commissioner and particularly during his year as chairman; and

Whereas, during his year as chairman, the department presented an economic development plan for highway expansion and improvement, known as SHIMS, and a group of forty-seven prominent business leaders formed an advocacy group for improving the state's transportation network and unveiled a campaign called "The Drive for Tomorrow". The General Assembly responded to these efforts by approving a two cents a gallon fuel tax increase effective in July, 1987, and an additional one cent effective January, 1989. Mr. Mathis' active leadership was instrumental to the success of these endeavors; and


Printed Page 3192 . . . . . Thursday, May 25, 1995

Whereas, at the time he served on the commission, Chic Mathis was president of four businesses: Mathis Investment Co., Inc., Mathis Realty Co., Chicirene, Inc., and Central Distributing Co., Inc. Additionally, he was chairman of the Sumter Board of Directors of Citizens and Southern National Bank. He is a Mason, Shriner, a member of American Legion Post 15, and a charter member and past president of the Sumter-Palmetto Rotary Club; and

Whereas, the members of the General Assembly believe it will be a fitting honor and tribute to this outstanding man who has done so much for his community and State if the portion of Highway 76/378 described in this resolution in Sumter County were named for him. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly, by this resolution, request the South Carolina Department of Transportation to designate and name the portion of State Highway 76/378 from the Sumter County line to Highway 261 in the western part of Sumter County as the R. J. Chic Mathis Highway.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation and to Mr. Mathis.

Referred to the Committee on Transportation.

RECALLED, ADOPTED

SENT TO THE HOUSE

S. 870 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE HIGHWAY 76/378 IN SUMTER COUNTY AS THE R. J. CHIC MATHIS HIGHWAY.

Senator LEVENTIS asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

The Senate proceeded to a consideration of the Resolution. The question being the adoption of the Resolution.

The Resolution was adopted and ordered returned to the House of Representatives.


Printed Page 3193 . . . . . Thursday, May 25, 1995

S. 871 -- Senators Leventis, Moore, Thomas and Lander: A CONCURRENT RESOLUTION MEMORIALIZING THE MEMBERS OF SOUTH CAROLINA'S CONGRESSIONAL DELEGATION TO BECOME THE FIRST CONGRESSIONAL DELEGATION IN THE UNITED STATES TO PROMISE PUBLICLY TO REFRAIN IN THE FUTURE FROM ACCEPTING GIFTS AND GRATUITIES FROM LOBBYISTS AND TO SUPPORT LEGISLATION PROHIBITING THE GIVING AND RECEIVING OF LOBBYISTS' GIFTS AND GRATUITIES TO MEMBERS OF CONGRESS AND THEIR STAFF MEMBERS AND EMPLOYEES.

Whereas, the General Assembly on September 22, 1991, unanimously passed and the Governor signed the Ethics Act; and

Whereas, since January 1, 1992, this act bans public officials in the legislative branch of government from accepting gifts, gratuities, and campaign contributions from lobbyists. It limits gifts from lobbyists' principals to not more than two hundred dollars annually; and

Whereas, the people of South Carolina strongly endorse and support the Ethics Act and believe that its prohibitions and restrictions on lobbyists, lobbyists' principals, and state legislators are appropriate; and

Whereas, South Carolina's Ethics Act has served as a model for the nation, inspiring imitation by a large number of states in recent months; and

Whereas, lobbyists' gifts, gratuities, and campaign contributions on the congressional level have been covered extensively by the media and, at a minimum, give the public the perception that lobbyists have acquired undue influence over Congress. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the General Assembly of South Carolina urges the South Carolina Congressional Delegation to become the first congressional delegation in the United States to promise publicly to refrain in the future from accepting gifts and gratuities from lobbyists and to support legislation prohibiting the giving and receiving of lobbyists' gifts and gratuities to members of Congress and their staff members and employees.

Be it further resolved that a copy of this resolution be forwarded to the members of South Carolina's Congressional Delegation.

Referred to the Committee on Judiciary.

S. 872 -- Senator Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE MR. TIM O. HALL, JR., PRESIDENT AND CHAIRMAN OF THE BOARD OF THE BLUE RIDGE BANK OF


Printed Page 3194 . . . . . Thursday, May 25, 1995

WALHALLA, UPON RECEIVING THE HALF-CENTURY AWARD FROM THE SOUTH CAROLINA BANKERS ASSOCIATION.

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

S. 873 -- Senators Patterson, Courson, Giese and Jackson: A SENATE RESOLUTION TO EXPRESS GRATITUDE TO THE REVEREND JOSEPH W. ALLEY FOR HIS MANY CONTRIBUTIONS TO RICHLAND COUNTY AND TO CONGRATULATE HIM ON THE OCCASION OF THE DESIGNATION OF REVEREND JOSEPH W. ALLEY DAY BY THE RICHLAND COUNTY COUNCIL.

The Senate Resolution was adopted.

H. 4246 -- Reps. R. Smith, Clyburn, Mason, Sharpe and Huff: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE OUTSTANDING SERVICE OF MELANIE W. HUTTO ON THE OCCASION OF HER RETIREMENT FROM THE AIKEN COUNTY CONSOLIDATED SCHOOL DISTRICT AND WISHING FOR HER MANY HAPPY AND FULFILLING YEARS.

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

H. 4250 -- Reps. J. Brown, Scott and Howard: A CONCURRENT RESOLUTION COMMENDING JAMES B. HARDY, III, FOR HIS OUTSTANDING SERVICE TO PUBLIC EDUCATION AND WISHING HIM MUCH HAPPINESS FOLLOWING HIS RETIREMENT AS PRINCIPAL OF VIRGINIA PACK ELEMENTARY SCHOOL IN COLUMBIA.

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

H. 3198 -- Rep. Richardson: A BILL TO AMEND SECTION 56-3-1975, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION OF HANDICAPPED PARKING PLACES, SO AS TO REQUIRE HANDICAPPED PARKING SIGNS ERECTED AFTER JUNE 30, 1995, TO INCLUDE THE PENALTIES FOR UNLAWFUL USE.

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

H. 3746 -- Reps. Carnell, Klauber and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING


Printed Page 3195 . . . . . Thursday, May 25, 1995

SECTION 50-11-90 SO AS TO AUTHORIZE MUZZLELOADER HUNTS IN GAME ZONE 2.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3856 -- Reps. Townsend and Allison: A BILL TO AMEND SECTION 59-24-10, AS AMENDED, AND SECTIONS 59-24-30 AND 59-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERFORMANCE AND LEADERSHIP ASSESSMENTS AND STANDARDS FOR SCHOOL ADMINISTRATORS, SO AS TO FURTHER PROVIDE FOR THESE ASSESSMENTS AND STANDARDS AND TO PROVIDE FOR PROFESSIONAL DEVELOPMENT PLANS AND EVALUATION PROCEDURES FOR THESE ADMINISTRATORS; AND TO AMEND SECTION 59-3-90, AS AMENDED, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO PROVIDE FOR PROFESSIONAL DEVELOPMENT PLANS FOR TEACHERS.

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

H. 3954 -- Reps. A. Young, Knotts, Harrison, Chamblee, Haskins, Easterday, Bailey, Inabinett, Mason, Waldrop, Robinson, Witherspoon, Herdklotz, Littlejohn, Riser, Davenport and Vaughn: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT, SO AS TO FURTHER PROVIDE FOR SPECIFIC FINDINGS THE COURT MUST MAKE IN ALLOWING A NONRESIDENT TO ADOPT A CHILD IN SOUTH CAROLINA.

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

H. 3991 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DURATION AND MODIFICATION OF ORDERS FOR PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO PROVIDE THAT PROTECTIVE ORDERS AND PROVISIONS OF PROTECTIVE ORDERS RELATING TO OTHER ISSUES, INCLUDING CUSTODY AND FINANCIAL SUPPORT, ARE VALID FOR ONE YEAR.

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

H. 3992 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-1440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT FEES, SO AS TO


Printed Page 3196 . . . . . Thursday, May 25, 1995

AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A FEE AGAINST A DEFENDANT IN CHILD ABUSE AND NEGLECT CASES AND TO EXEMPT INDIGENT DEFENDANTS.

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

H. 4217 -- Reps. Baxley, J. Harris, Jennings and Neilson: A BILL TO REPEAL ACT 467 OF 1969 RELATING TO EXTENDING THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY TO INCLUDE CERTAIN AREAS OUTSIDE THE CORPORATE LIMITS OF JEFFERSON.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 4233 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD - RESEARCH AND STATISTICS, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1860, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and on motion of Senator MOORE, with unanimous consent, ordered placed on the Calendar without reference.

H. 4239 -- Reps. Wilkins, H. Brown, J. Brown, Cato, Harrison, Sharpe, Townsend, Haskins and Huff: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 1, 1995, AT 5:00 P.M. THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 5, 6, 7, 8, AND 9, 1995, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF THE AFFECTED DELEGATION AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 9, 1995, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION UNTIL 11:00 A.M., MONDAY, JUNE 19, 1995, AND TO CONTINUE IN SESSION, IF NECESSARY, THROUGH 5:OO P.M., THURSDAY, JUNE 22, 1995, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER DURING THAT PERIOD, AND TO PROVIDE THAT WHEN


Printed Page 3197 . . . . . Thursday, May 25, 1995

THE GENERAL ASSEMBLY ADJOURNS NO LATER THAN 5:00 P.M. ON THURSDAY, JUNE 22, 1995, IT SHALL STAND ADJOURNED TO MEET ON TUESDAY, OCTOBER 3, 1995, SOLELY FOR THE PURPOSE OF ELECTING PERSONS TO FILL THE JUDICIAL OFFICES CREATED IN THE 1995-96 GENERAL APPROPRIATIONS ACT AND PROVIDE THAT IT SHALL STAND ADJOURNED SINE DIE WHEN THE ELECTION IS FINISHED.

Referred to the Chairmen's Committee.

H. 4243 -- Rep. Wofford: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE SANGAREE AND STRATFORD PRECINCTS.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

REPORTS OF STANDING COMMITTEES

Senator SETZLER from the Committee on Education polled out S. 298 favorable with amendment:

S. 298 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-35 SO AS TO PROVIDE THAT FOR PURPOSES OF THE PRACTICE TEACHING REQUIREMENT NECESSARY FOR TEACHER CERTIFICATION, A TEACHER WITH AT LEAST FIVE YEARS TEACHING EXPERIENCE IN A CRITICAL NEEDS CURRICULA IN AN ACCREDITED PRIVATE OR PAROCHIAL SCHOOL IN THIS STATE IS ENTITLED TO RECEIVE A WAIVER FROM THE PRACTICE TEACHING REQUIREMENT IN THE SAME MANNER A TEACHER IN THE PUBLIC SCHOOLS OF THIS STATE IN THE CRITICAL NEEDS CERTIFICATION PROGRAM MAY RECEIVE SUCH A WAIVER.

Poll of the Education Committee on S. 298

Ayes 16; Nays 1; Not Voting 1

AYES

Setzler        Bryan        Giese
Matthews Wilson Patterson
Courson Stilwell Russell
Washington Hayes Glover

Printed Page 3198 . . . . . Thursday, May 25, 1995

Lander Mescher Rankin
Short

Total--16

NAYS

Cork

Total--1

NOT VOTING

Saleeby

Total--1

Ordered for consideration tomorrow.

Senator WILSON from the General Committee submitted a favorable with amendment report on:

S. 274 -- Senators Short and Rose: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT OBLIGATIONS SO AS TO DIRECT THE CHILD SUPPORT ENFORCEMENT DIVISION OF THE DEPARTMENT OF SOCIAL SERVICES TO DEVELOP AN EMPLOYER NEW HIRE REPORTING PROGRAM.

Ordered for consideration tomorrow.

Senator WILSON from the General Committee submitted a favorable with amendment report on:

H. 3104 -- Reps. Shissias, Stille and Kelley: A BILL TO AMEND SECTION 20-7-1318, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN INCOME-WITHHOLDING TO ENFORCE SUPPORT ORDERS, SO AS TO REVISE THE DEFINITION OF "SUPPORT ORDER" AND TO CORRECT A CROSS-REFERENCE.

Ordered for consideration tomorrow.

CONCURRENCE

S. 438 -- Senator Alexander: A BILL TO AMEND SECTION 56-5-750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO STOP FOR A LAW


Printed Page 3199 . . . . . Thursday, May 25, 1995

ENFORCEMENT VEHICLE, SO AS TO REVISE THE PENALTIES AND PROVIDE DEFINITIONS.
The House returned the Bill with amendments.

On motion of Senator ALEXANDER, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

HOUSE CONCURRENCE

S. 632 -- Senator Drummond: A CONCURRENT RESOLUTION REQUESTING THE EMPLOYMENT SECURITY COMMISSION TO TAKE THE NECESSARY STEPS TO ENSURE THAT THE NEW BUILDING AT THE OFFICES OF THE COMMISSION BE NAMED FOR THE HONORABLE C. LEM HARPER, SR., OF COLUMBIA.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 866 -- Senators Wilson, Ryberg, Lander and Setzler: A CONCURRENT RESOLUTION CONGRATULATING THE RESIDENTS OF THE TOWN OF SPRINGDALE IN LEXINGTON COUNTY AS THEY PREPARE TO CELEBRATE ON SEPTEMBER 9, 1995, THE FORTIETH ANNIVERSARY OF THE TOWN'S INCORPORATION.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 867 -- Senators Peeler, Hayes, Gregory and Short: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MRS. RUTH LONG GREER OF YORK COUNTY FOR HER MORE THAN THIRTY-EIGHT YEARS OF TRULY OUTSTANDING SERVICE IN EDUCATION ON THE OCCASION OF HER RETIREMENT.

Returned with concurrence.

Received as information.


Printed Page 3200 . . . . . Thursday, May 25, 1995

HOUSE CONCURRENCE

S. 869 -- Senator Washington: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE HELEN ELLIS PETRILL FOR HER MANY YEARS OF SERVICE TO THE CHRISTIAN COMMUNITY AND BEST WISHES UPON HER RETIREMENT.

Returned with concurrence.

Received as information.

RECESS

At 11:55 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY

Elections

At 12:00 Noon the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that the Joint Assembly had convened under the terms of a Concurrent Resolution adopted by both Houses.

H. 4160 -- Reps. Wilkins, Harrison, Delleney, Huff, Thomas and D. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON THURSDAY, MAY 25, 1995, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SECOND JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY


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