No. 10

STATE OF MICHIGAN

Journal of the Senate

96th Legislature

REGULAR SESSION OF 2011

Senate Chamber, Lansing, Wednesday, February 9, 2011.

10:00 a.m.

The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker.

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

Anderson—present Hood—present Pappageorge—excused

Bieda—excused Hopgood—present Pavlov—present

Booher—present Hune—present Proos—present

Brandenburg—present Hunter—present Richardville—present

Casperson—present Jansen—present Robertson—present

Caswell—present Johnson—present Rocca—present

Colbeck—present Jones—present Schuitmaker—present

Emmons—present Kahn—present Smith—present

Gleason—present Kowall—present Walker—present

Green—present Marleau—present Warren—present

Gregory—present Meekhof—present Whitmer—present

Hansen—present Moolenaar—present Young—present

Hildenbrand—present Nofs—present

Senator Vincent Gregory of the 14th District offered the following invocation:

Father God, Creator of all things, we come to You thanking You and praising You for the plan You gave to our forefathers to govern this state. You have blessed us with abundance and the ability to serve Your people. We pray that through Your holy power, this Senate will make laws that are just and good.

Father, Your word tells us that there is a time for everything and a season for every activity under heaven. Let us always be mindful that we, the members of this Senate, have been chosen for this time and this season; when many difficult decisions must be made.

Let us remember that there is a time to tear down and a time to mend, as we work toward tearing down these things that needlessly separate us, so that we can mend and build on those things that bring us together. Let us remember that there is a time to be silent and a time to speak, so that we can be open to listen and hear the ideas and plans of all our colleagues in order to move this great state forward.

Father, we pray for Your wisdom in making decisions that impact the quality of life, social welfare, and economic status of the people we serve. We pray that You will inspire us with new ideas, and give us the strength to complete our tasks for this time and this season.

Guide us, Father, on this day and all the days to come. These and all things, we give praise to You. Amen.

The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Senator Meekhof moved that Senator Pavlov be temporarily excused from today’s session.

The motion prevailed.

Senator Meekhof moved that Senator Pappageorge be excused from today’s session.

The motion prevailed.

Senator Hunter moved that Senators Johnson and Young be temporarily excused from today’s session.

The motion prevailed.

Senator Hunter moved that Senator Bieda be excused from today’s session.

The motion prevailed.

Senator Meekhof moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today:

Senate Bill No. 99

The motion prevailed, a majority of the members serving voting therefor.

Senators Young, Pavlov and Johnson entered the Senate Chamber.

The Secretary announced that the following official bills and joint resolutions were printed on Tuesday, February 8, and are available at the legislative website:

Senate Bill Nos. 101 102 103 104 105 106 107 108 109 110 111

Senate Joint Resolutions E F

Third Reading of Bills

The following bill was read a third time:

Senate Bill No. 19, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 169 (MCL 750.169).

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 11 Yeas—34

Anderson Gregory Jones Proos

Booher Hansen Kahn Richardville

Brandenburg Hildenbrand Kowall Robertson

Casperson Hood Marleau Rocca

Caswell Hopgood Meekhof Schuitmaker

Colbeck Hune Moolenaar Smith

Emmons Hunter Nofs Walker

Gleason Jansen Pavlov Whitmer

Green Johnson

Nays—2

Warren Young

Excused—2

Bieda Pappageorge

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

Protest

Senator Warren, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 19 and moved that the statement she made during the discussion of the bill be printed as her reasons for voting “no.”

The motion prevailed.

Senator Warren’s statement is as follows:

I rise to oppose this legislation. As a person of faith and a minister’s daughter, I believe in the fundamental freedom of religion and find efforts to infringe on one’s ability to worship abhorrent. Given that the Michigan Penal Code already appropriately punishes such behavior, however, I think this is an unnecessary violation of our vital right to free speech and must oppose this bill at this time.

General Orders

Senator Meekhof moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Casperson as Chairperson.

After some time spent therein, the Committee arose; and, the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:

Senate Bill No. 99, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7403 (MCL 333.7403), as amended by 2010 PA 352.

The bill was placed on the order of Third Reading of Bills.

Recess

Senator Meekhof moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:19 a.m.

10:36 a.m.

The Senate was called to order by the President pro tempore, Senator Schuitmaker.

Resolutions

The question was placed on the adoption of the following resolution consent calendar:

Senate Resolution No. 13

The resolution consent calendar was adopted.

Senators Gleason, Bieda, Hunter, Whitmer, Anderson, Johnson, Gregory, Hood, Warren, Hopgood and Young offered the following resolution:

Senate Resolution No. 13.

A resolution declaring February 11, 2011, as White Shirt Day in the state of Michigan.

Whereas, We are proud to join our brothers and sisters of the United Auto Workers (UAW) as they gather to mark the 74th anniversary of their first contract with General Motors Corporation. This anniversary is a reflection of extreme sacrifice, commitment, and determination of those first UAW members who paved the way for higher pay and improved benefits that have created a positive atmosphere for all of America’s working men and women. We remember those heroes, living and deceased, on this anniversary; and

Whereas, On February 11, 2011, UAW members and retirees will wear white shirts to commemorate the anniversary of the end of the famous Flint Sit-Down Strike in 1937. While the members of this distinguished organization celebrate the 74th anniversary of this event, we offer our thanks for the outstanding contributions they have made to the Flint community, our state, and our nation; and

Whereas, United Auto Workers White Shirt Day can trace its origins to 1948, when Bert Christensen, a member of Local 598, first suggested it. His idea was to ask that workers wear the white shirts traditionally worn by managers to show the company that they were equally important to the business. The shirts represent equal respect and treatment for blue-collar workers and the unity and strength of UAW members; and

Whereas, With ceremonies to celebrate its history, the members and officers of United Auto Workers will remember the vision of its founders and the commitment of its workers that have brought them to this point. Fittingly, as they look to the past, they will also be casting an eye to the future and to the many ways in which United Auto Workers will continue to serve the working men and women of this great country; now, therefore, be it

Resolved by the Senate, That the members of this legislative body declare February 11, 2011, as White Shirt Day in the state of Michigan. We commemorate the 74th anniversary of the first United Auto Workers contract with General Motors Corporation. We commend everyone who has contributed to the UAW’s success and thank them for the manner in which they have strengthened Michigan.

Senator Smith was named co‑sponsor of the resolution.

Senators Booher, Nofs and Green offered the following resolution:

Senate Resolution No. 14.

A resolution to memorialize Congress to take steps to ensure that the Wall Street Reform and Consumer Protection Act does not result in increased fees on consumers at exempted institutions.

Whereas, Under certain provisions (Section 1075) of the Wall Street Reform and Consumer Protection Act (Public Law No. 111-203), the Federal Reserve Board is required to issue regulations that would provide for reasonable interchange transaction fees for electronic debit transactions and place limitations on payment card network restrictions; and

Whereas, In drafting Section 1075, Congress included language to exempt small issuers from this provision, defining small institutions as those “with less than $10 billion in total assets.” Small issuers rely on debit interchange fees to provide free checking services to their customers and to cover costs associated with fraud prevention and data security. If these costs were not fully recoverable, small issuers would be unable to offer debit services to their customers, and the result could be decreased consumer choice and higher fees. Because of these concerns, Congress specifically exempted those institutions with less than $10 billion in assets; and

Whereas, The Federal Reserve Board’s current debit interchange fee regulatory proposal (Docket No. R-1404) could lead to the unintended consequences of increasing costs on consumers and limiting consumer choice. The proposal does not include any provision designed to enforce the carve-out for small issuers. It is incumbent on Congress to revisit this issue and help ensure that these regulations do not ultimately result in less choice and higher costs for consumers; now, therefore, be it

Resolved by the Senate, That we urge Congress to stop or delay the implementation of Section 1075 so that statutory changes can be made to ensure institutions with less than $10 billion in assets are exempted without consequence in order to ensure Section 1075 does not result in increased fees on consumers at exempted institutions; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Meekhof moved that the rule be suspended.

The motion prevailed, a majority of the members serving voting therefor.

The question being on the adoption of the resolution,

Senator Meekhof moved that the resolution be referred to the Committee on Banking and Financial Institutions.

The motion prevailed.

Senators Proos, Nofs, Caswell, Emmons and Hansen offered the following concurrent resolution:

Senate Concurrent Resolution No. 7.

A concurrent resolution to urge the United States Department of Energy and the Nuclear Regulatory Commission to fulfill their obligation to establish a permanent repository for high-level nuclear waste.

Whereas, Over the past four decades, nuclear power has been a significant source for the nation’s production of electricity. According to the U.S. Nuclear Energy Institute, nuclear power provided 20.2 percent of the electricity produced in the United States and 21.5 percent of the electricity generated in Michigan in 2009; and

Whereas, Since the earliest days of nuclear power, the great dilemma associated with this technology is how to deal with used nuclear fuel. This high-level radioactive waste demands exceptional care in all facets of its storage and disposal, including its transportation; and

Whereas, In 1982, Congress passed the Nuclear Waste Policy Act of 1982. This legislation requires the federal government, through the Department of Energy, to build a repository for the permanent storage of high-level radioactive waste from nuclear power plants. This act, which was amended in 1987, includes a specific timetable to identify a suitable location and to establish the waste repository. The costs for this undertaking are paid from a fee that is assessed on all nuclear energy produced; and

Whereas, In accordance with the federal act, customers of Michigan electric utilities have paid $763 million through September 30, 2010, into the federal Nuclear Waste Fund for construction of the federal nuclear waste repository; and

Whereas, There are serious concerns that the federal government is not complying with the timetables set forth in federal law. Every delay places our country at greater risk for a catastrophe to occur. The large number of temporary storage sites at nuclear facilities across the country make us vulnerable to potential problems. The events since September 11, 2001, clearly illustrate the urgency of the need to establish a safe and permanent high-level nuclear waste repository as soon as possible. The Department of Energy, along with the Nuclear Regulatory Commission, must work diligently to meet its obligation as provided by law. There is too much at stake; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the United States Department of Energy and the Nuclear Regulatory Commission to fulfill their obligation to establish a permanent repository for high-level nuclear waste; and be it further

Resolved, That copies of this resolution be transmitted to the United States Department of Energy, the Nuclear Regulatory Commission, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,

Senator Meekhof moved that the rule be suspended.

The motion prevailed, a majority of the members serving voting therefor.

The question being on the adoption of the concurrent resolution,

Senator Meekhof moved that the concurrent resolution be referred to the Committee on Energy and Technology.

The motion prevailed.

Senators Booher, Jones, Kowall and Marleau were named co‑sponsors of the concurrent resolution.

Introduction and Referral of Bills

Senators Hunter and Johnson introduced

Senate Bill No. 112, entitled

A bill to amend 1990 PA 72, entitled “Local government fiscal responsibility act,” by amending section 38 (MCL 141.1238).

The bill was read a first and second time by title and referred to the Committee on Education.

Senators Hunter and Johnson introduced

Senate Bill No. 113, entitled

A bill to amend 1990 PA 72, entitled “Local government fiscal responsibility act,” by amending section 40 (MCL 141.1240).

The bill was read a first and second time by title and referred to the Committee on Education.

Senators Hunter and Johnson introduced

Senate Bill No. 114, entitled

A bill to amend 1990 PA 72, entitled “Local government fiscal responsibility act,” by amending sections 21a and 41a (MCL 141.1221a and 141.1241a), as added by 2009 PA 181.

The bill was read a first and second time by title and referred to the Committee on Education.

Senators Johnson and Hunter introduced

Senate Bill No. 115, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1280c (MCL 380.1280c), as added by 2009 PA 204.

The bill was read a first and second time by title and referred to the Committee on Education.

Senator Meekhof introduced

Senate Bill No. 116, entitled

A bill to amend 1939 PA 176, entitled “An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; and to prescribe means of enforcement and penalties for violations of this act,” by amending section 14 (MCL 423.14) and by adding section 14a.

The bill was read a first and second time by title and referred to the Committee on Economic Development.

Senators Bieda, Anderson, Hunter, Brandenburg and Whitmer introduced

Senate Bill No. 117, entitled

A bill to regulate political activity; to regulate certain candidates for elective office and state and local officials; to require financial statements and reports; to prescribe the powers and duties of certain state and local governmental officers and agencies; to impose fees; to prescribe penalties and civil sanctions; and to provide remedies.

The bill was read a first and second time by title and referred to the Committee on Local Government and Elections.

Senators Green and Kahn introduced

Senate Bill No. 118, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 6 (MCL 205.56), as amended by 2004 PA 173.

The bill was read a first and second time by title and referred to the Committee on Finance.

Senators Colbeck, Green, Moolenaar, Walker, Nofs, Emmons, Casperson, Proos and Pavlov introduced

Senate Bill No. 119, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1167.

The bill was read a first and second time by title and referred to the Committee on Education.

Senators Proos, Pavlov, Marleau, Hansen, Walker, Booher, Jansen, Emmons and Brandenburg introduced

Senate Bill No. 120, entitled

A bill to amend 1939 PA 176, entitled “An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; and to prescribe means of enforcement and penalties for violations of this act,” by amending section 14 (MCL 423.14) and by adding section 14a.

The bill was read a first and second time by title and referred to the Committee on Economic Development.

Senators Caswell, Booher, Colbeck, Walker, Green, Kahn, Brandenburg, Hildenbrand, Robertson, Proos and Jansen introduced

Senate Bill No. 121, entitled

A bill to amend 1967 PA 156, entitled “Optional retirement act of 1967,” by amending section 2 (MCL 38.382), as amended by 1994 PA 296.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

Senators Hune, Emmons, Hansen, Booher, Green and Gleason introduced

Senate Bill No. 122, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8801, 8802, 8805, 8806, and 8807 (MCL 324.8801, 324.8802, 324.8805, 324.8806, and 324.8807), as added by 1998 PA 287, and by adding section 3109d.

The bill was read a first and second time by title and referred to the Committee on Agriculture.

Senators Hune, Emmons, Hansen, Booher, Green and Gleason introduced

Senate Bill No. 123, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8702, 8703, 8704, 8705, 8706, 8707, 8708, 8709, 8710, 8713, 8714, 8715, and 8716 (MCL 324.8702, 324.8703, 324.8704, 324.8705, 324.8706, 324.8707, 324.8708, 324.8709, 324.8710, 324.8713, 324.8714, 324.8715, and 324.8716), section 8703 as amended by 1995 PA 61, section 8707 as amended by 2000 PA 100, section 8715 as amended by 2008 PA 18, and section 8716 as amended by 2007 PA 174, and by adding section 8713a.

The bill was read a first and second time by title and referred to the Committee on Agriculture.

Senators Jones, Schuitmaker and Rocca introduced

Senate Bill No. 124, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 411w.

The bill was read a first and second time by title and referred to the Committee on Judiciary.

Senators Schuitmaker, Jones and Rocca introduced

Senate Bill No. 125, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2010 PA 278.

The bill was read a first and second time by title and referred to the Committee on Judiciary.

Senators Robertson, Brandenburg, Proos, Marleau, Pappageorge, Green, Pavlov, Hildenbrand, Jansen, Moolenaar and Casperson introduced

Senate Bill No. 126, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2 (MCL 205.92), as amended by 2008 PA 439.

The bill was read a first and second time by title and referred to the Committee on Finance.

Senators Robertson, Brandenburg, Proos, Marleau, Pappageorge, Green, Pavlov, Hildenbrand, Jansen, Moolenaar and Casperson introduced

Senate Bill No. 127, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2008 PA 438.

The bill was read a first and second time by title and referred to the Committee on Finance.

Statements

Senator Hunter asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Hunter’s statement is as follows:

I rise to talk about and urge Senate action on Senate Bill Nos. 38 and 39. These bills will provide insurance coverage for the autism spectrum disorder treatments. Behind the facts and figures are real people, those parents and children trying to cope every day. Autism can hit any family, anywhere, and at anytime. Today, I want to talk about one of those families.

Mr. and Mrs. Dave Meador reside in Troy, Michigan. They are the proud parents of 14-year-old Maribel. When Maribel was just 2 years old, Mr. Meador said that he and his wife knew that something was wrong. He said that getting a diagnosis was extremely hard. They finally went to the University of Michigan and paid $3,500 out of their own pocket for an assessment for Maribel. When she was just 9 years old, they finally received a diagnosis that Maribel had autism. The Meadors had the resources to pay, but they still fought to find the necessary help for their daughter. The good news is that there is treatment available for Maribel, but the bad news is that there are few places to go in Michigan for an assessment, and Maribel lost out on years of much-needed therapy.

Many of us are parents in this chamber and could only imagine how we would feel if our child lost out on years of treatment because we couldn’t find anyone to tell us what was wrong. So many of us would be in the same boat as the Meador family. Mr. Meador is fortunate to be the executive vice president and chief financial officer of DTE Energy, one of the few companies in Michigan with a benefit plan that offers autism insurance coverage.

Mr. Meador is also the co-founder of the Autism Alliance of Michigan and has authored a report on autism insurance reform. His report finds that there are 15,000 kids in Michigan with autism, and yet there are only 60 board-certified behavioral therapists in Michigan. This means that the wait to even get a diagnosis for these children can be a challenging task. Florida, one of the states with autism insurance coverage, has over 1,800 board-certified therapists. There is a need for services and treatments. Parents are waiting for a diagnosis, and children are waiting for treatment.

In Michigan, we are losing out on the opportunity to grow jobs in order to provide those services to these families here in our great state. I will continue to advocate for this legislation on behalf of the Meador family and others who are facing this very important issue. For the sake of these Michigan families and their autistic children, let’s please get to work on crafting a bipartisan solution. I look forward to our passing legislation that gives parents hope and their children the help that they need.

Committee Reports

The Committee on Judiciary reported

Senate Bill No. 77, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 5805 and 5839 (MCL 600.5805 and 600.5839), section 5805 as amended by 2002 PA 715 and section 5839 as amended by 1985 PA 188.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Rocca and Bieda

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Judiciary reported

Senate Bill No. 99, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7403 (MCL 333.7403), as amended by 2010 PA 352.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Rocca and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Judiciary submitted the following:

Meeting held on Tuesday, February 8, 2011, at 2:30 p.m., Room 110, Farnum Building

Present: Senators Jones (C), Schuitmaker, Rocca and Bieda

COMMITTEE ATTENDANCE REPORT

The Committee on Transportation submitted the following:

Meeting held on Tuesday, February 8, 2011, at 1:00 p.m., Room 100, Farnum Building

Present: Senators Casperson (C), Kowall, Brandenburg, Pavlov, Gleason and Hood

COMMITTEE ATTENDANCE REPORT

The Committee on Education submitted the following:

Joint meeting held on Wednesday, February 9, 2011, at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Pavlov (C), Emmons, Hopgood and Young

Excused: Senator Colbeck

Scheduled Meetings

Agriculture - Thursday, February 10, 8:30 a.m., Room 110, Farnum Building (373-5312)

Appropriations -

Subcommittees -

Community Colleges and House Community Colleges Appropriations Subcommittee - Friday, February 18, 1:00 p.m., Jackson Community College, Board Room #214, Potter Center, 2111 Emmons Road, Jackson (373-2768)

Corrections Department and House Corrections Appropriations Subcommittee - Thursday, February 10, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

Human Services Department - Thursday, February 10, 12:00 noon, Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

State Police and Military Affairs - Thursdays, February 10, February 24, March 3, March 10 and March 17, 1:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)

Banking and Financial Institutions - Thursday, February 10, 1:30 p.m., Room 100, Farnum Building (373-5314)

Natural Resources, Environment and Great Lakes - Thursday, February 10, 8:30 a.m., Room 210, Farnum Building (373-5323)

Outdoor Recreation and Tourism - Thursday, February 10, 12:30 p.m., Room 210, Farnum Building (373-5323)

Regulatory Reform - Thursday, February 10, 12:30 p.m., Room 110, Farnum Building (373-5307)

Senator Meekhof moved that the Senate adjourn.

The motion prevailed, the time being 10:48 a.m.

The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, February 10, 2011, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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