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S.J.R. 5

             1     

RESOLUTION AMENDING STATE AND LOCAL

             2     
GOVERNMENT PROVISIONS

             3     
1999 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Howard C. Nielson

             6      A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND THE UTAH
             7      CONSTITUTION; AMENDING AND ENACTING PROVISIONS RELATING TO LOCAL
             8      GOVERNMENT; REPEALING DUPLICATIVE LANGUAGE PROHIBITING A PROPERTY
             9      QUALIFICATION TO VOTE OR HOLD OFFICE; MODIFYING GENERAL AND SPECIAL
             10      ELECTION PROVISIONS; EXPANDING THE PROHIBITION AGAINST LENDING PUBLIC
             11      CREDIT TO A PRIVATE INDIVIDUAL OR CORPORATION; PROVIDING FOR POWERS
             12      OF COUNTIES, CITIES, TOWNS, AND OTHER POLITICAL SUBDIVISIONS OF THE
             13      STATE; MODIFYING PROVISIONS FOR MOVING A COUNTY SEAT; S [ REPEALING
             14      CHARTER CITY PROVISIONS;
] s
MODIFYING SPECIAL SERVICE DISTRICT PROVISIONS;
             15      EXPANDING PROHIBITION AGAINST IMPOSING TAXES FOR LOCAL PURPOSES;
             16      MODIFYING DEBT PROVISIONS; MODIFYING HIGHWAY PURPOSES FOR WHICH
             17      REVENUE FROM HIGHWAY USER AND MOTOR FUEL TAXES ARE TO BE USED;
             18      MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
             19      This resolution proposes to change the Utah Constitution as follows:
             20      AMENDS:
             21          ARTICLE I, SECTION 4
             22          ARTICLE IV, SECTION 9
             23          ARTICLE VI, SECTION 1
             24          ARTICLE VI, SECTION 29
             25          ARTICLE XI, SECTION 1
             26          ARTICLE XI, SECTION 2
             27          ARTICLE XI, SECTION 4


             28          ARTICLE XI, SECTION 5
             29          ARTICLE XIII, SECTION 5
             30          ARTICLE XIII, SECTION 13
             31          ARTICLE XIV, SECTION 3
             32      ENACTS:
             33          ARTICLE XI, SECTION 7
             34          ARTICLE XI, SECTION 8
             35          ARTICLE XI, SECTION 9
             36          ARTICLE XI, SECTION 10
             37      REPEALS:
             38          ARTICLE XII, SECTION 8
             39          ARTICLE XIV, SECTION 8
             40      Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of
             41      the two houses voting in favor thereof:
             42          Section 1. It is proposed to amend Utah Constitution Article I, Section 4 , to read:
             43           Article I, Section 4. [Religious liberty.]
             44          The rights of conscience shall never be infringed. The State shall make no law respecting
             45      an establishment of religion or prohibiting the free exercise thereof; no religious test shall be
             46      required as a qualification for any office of public trust or for any vote at any election; nor shall
             47      any person be incompetent as a witness or juror on account of religious belief or the absence
             48      thereof. There shall be no union of Church and State, nor shall any church dominate the State or
             49      interfere with its functions. No public money or property shall be appropriated for or applied to
             50      any religious worship, exercise or instruction, or for the support of any ecclesiastical establishment.
             51      [No property qualification shall be required of any person to vote, or hold office, except as
             52      provided in this Constitution.]
             53          Section 2. It is proposed to amend Utah Constitution Article IV, Section 9 , to read:
             54           Article IV, Section 9. [General and special elections -- Terms.]
             55          (1) [All] Each general [elections, except for municipal and school officers,] election shall
             56      be held on the Tuesday next following the first Monday in November of [the] each even-numbered
             57      year [in which the election is held].
             58          (2) Special elections may be held as provided by [law] statute.


             59          (3) The [terms] term of [all officers] each officer, except legislator, elected at [any] a
             60      general election[, except legislators,] shall commence on the first Monday in January next
             61      following the date of [their] the election.
             62          (4) [Municipal and School] The election of officers of each city, town, school district, and
             63      other political subdivision of the State shall be [elected] held at [such] the time [as may be] and
             64      in the manner provided by [law] statute.
             65          Section 3. It is proposed to amend Utah Constitution Article VI, Section 1 , to read:
             66           Article VI, Section 1. [Power vested in Senate, House and People.]
             67          (1) The Legislative power of the State shall be vested in:
             68          [1. In] (a) a Senate and House of Representatives which shall be designated the
             69      Legislature of the State of Utah[.]; and
             70          [2. In] (b) the people of the State of Utah[, as hereinafter stated:] as provided in
             71      Subsection (2).
             72          (2) (a) (i) The legal voters [or such fractional part thereof,] of the State of Utah [as may
             73      be provided by law], in the numbers, under [such] the conditions [and], in [such] the manner, and
             74      within [such] the time [as may be] provided by [law] statute, may:
             75          (A) initiate any desired legislation and cause [the same] it to be submitted to [a vote of]
             76      the people for [approval or rejection,] adoption upon a majority vote of those voting on the
             77      legislation, as provided by statute; or [may]
             78          (B) require any law passed by the Legislature, [(]except those laws passed by a two-thirds
             79      vote of the members elected to each house of the Legislature[)], to be submitted to the voters of
             80      the State, as provided by statute, before [such] the law [shall] may take effect. [Legislation]
             81          (ii) Notwithstanding Subsection (2)(a)(i)(A), legislation initiated to allow, limit, or prohibit
             82      the taking of wildlife or the season for or method of taking wildlife shall be adopted upon approval
             83      of two-thirds of those voting.
             84          (b) The legal voters [or such fractional part thereof as may be provided by law,] of any
             85      [legal subdivision of the State] county, city, or town, in the numbers, under [such] the conditions
             86      [and], in [such] the manner, and within [such] the time [as may be] provided by [law] statute, may:
             87          (i) initiate any desired legislation and cause [the same] it to be submitted to [a vote of] the
             88      people of [said legal subdivision] the county, city, or town for [approval or rejection,] adoption
             89      upon a majority vote of those voting on the legislation, as provided by statute; or [may]


             90          (ii) require any law or ordinance passed by the law making body of [said legal subdivision]
             91      the county, city, or town to be submitted to the voters thereof, as provided by statute, before [such]
             92      the law or ordinance [shall] may take effect.
             93          Section 4. It is proposed to amend Utah Constitution Article VI, Section 29 , to read:
             94           Article VI, Section 29. [Lending public credit forbidden -- Exception.]
             95          The Legislature [shall] may not authorize the State, or any county, city, town, [township,]
             96      school district, S [ special district, ] s or other political subdivision of the State to lend its credit or
             97      subscribe to stock or bonds in aid of any railroad, telegraph or other private individual or corporate
             98      enterprise or undertaking, except as provided in Article X, Section 5.
             99          Section 5. It is proposed to amend Utah Constitution Article XI, Section 1 , to read:
             100     
ARTICLE XI. LOCAL GOVERNMENTS

             101           Article XI, Section 1. [Counties recognized as legal subdivisions -- Powers of
             102      counties.]
             103          (1) The [several] counties of the [Territory] State of Utah[, existing at the time of the
             104      adoption of this Constitution,] are [hereby] recognized as legal subdivisions of this State[, and the
             105      precincts, and school districts,]. The counties now existing [in said counties, as legal subdivisions
             106      thereof, and they] shall [so] continue until changed as provided by [law in pursuance of this article]
             107      statute.
             108          (2) Counties may:
             109          (a) as prescribed by statute, levy, assess, and collect taxes, borrow money, and levy and
             110      collect special assessments for benefits conferred; and
             111          (b) provide services, exercise powers, and perform functions that are reasonably related
             112      to the safety, health, morals, and welfare of their inhabitants, except as the Legislature limits or
             113      prohibits by statute.
             114          Section 6. It is proposed to amend Utah Constitution Article XI, Section 2 , to read:
             115           Article XI, Section 2. [Moving a county seat.]
             116          [No County Seat shall be removed unless two-thirds of the qualified electors of the county,
             117      voting on the proposition at a general election, shall vote in favor of such removal, and two-thirds
             118      of the votes cast on the proposition shall be required to re-locate a county seat.] A county seat may
             119      be moved only when at a countywide general election two-thirds of those voting on the proposition
             120      vote in favor of moving the county seat. A proposition [of removal shall] to move the county seat


             121      may not be submitted in the same county more than once in four years.
             122          Section 7. It is proposed to amend Utah Constitution Article XI, Section 4 , to read:
             123           Article XI, Section 4. [Optional forms of county government.]
             124          The Legislature shall by [general law prescribe] statute provide for optional forms of
             125      county government [and shall allow each county to select, subject to referendum in the manner
             126      provided by law, the prescribed]. The selection of an optional form [which best serves its needs,
             127      and by general laws shall provide for precinct and township organizations] shall be subject to voter
             128      approval as provided by statute.
             129          Section 8. It is proposed to amend Utah Constitution Article XI, Section 5 , to read:
             130           Article XI, Section 5. [Cities and towns -- To be created or dissolved by statute, not
             131      special laws.]
             132          [Corporations for municipal purposes shall]
             133          (1) The Legislature may not [be created] create S [ or dissolve ] s cities or towns by special laws.
             134          (2) The Legislature by [general laws] statute shall provide for the incorporation,
             135      organization [and classification], and dissolution of cities and towns and for their classification in
             136      proportion to population[, which laws may be altered, amended or repealed.] S [ [ ] s Any
             136a      incorporated city
             137      or town may frame and adopt a charter for its own government in the following manner: S [ ] ] s .
             138           S [ [ ] s The legislative authority of the city may, by two-thirds vote of its members, and upon
             139      petition of qualified electors to the number of fifteen per cent of all votes cast at the next preceding
             140      election for the office of the mayor, shall forthwith provide by ordinance for the submission to the
             141      electors of the question: "Shall a commission be chosen to frame a charter?" The ordinance shall
             142      require that the question be submitted to the electors at the next regular municipal election. The
             143      ballot containing such question shall also contain the names of candidates for members of the
             144      proposed commission, but without party designation. Such candidates shall be nominated in the
             145      same manner as required by law for nomination of city officers. If a majority of the electors voting
             146      on the question of choosing a commission shall vote in the affirmative, then the fifteen candidates
             147      receiving a majority of the votes cast at such election, shall constitute the charter commission, and
             148      shall proceed to frame a charter. S [ ] ] s
             149           S[ [ ] s Any charter so framed shall be submitted to the qualified electors of the city at an
             149a      election
             150      to be held at a time to be determined by the charter commission, which shall be not less than sixty
             151      days subsequent to its completion and distribution among the electors and not more than one year S [ ] ] s


             152      S [ ] ] s from such date. Alternative provisions may also be submitted to be voted upon separately. The
             153      commission shall make provisions for the distribution of copies of the proposed charter and of any
             154      alternative provisions to the qualified electors of the city, not less than sixty days before the
             155      election at which it is voted upon. Such proposed charter and such alternative provisions as are
             156      approved by a majority of the electors voting thereon, shall become an organic law of such city at
             157      such time as may be fixed therein, and shall supersede any existing charter and all laws affecting
             158      the organization and government of such city which are now in conflict therewith. Within thirty
             159      days after its approval a copy of such charter as adopted, certified by the mayor and city recorder
             160      and authenticated by the seal of such city, shall be made in duplicate and deposited, one in the
             161      office of the secretary of State and the other in the office of the city recorder, and thereafter all
             162      courts shall take judicial notice of such charter. S [ ] ] s
             163           S [ [ ] s Amendments to any such charter may be framed and submitted by a charter commission
             164      in the same manner as provided for making of charters, or may be proposed by the legislative
             165      authority of the city upon a two-thirds vote thereof, or by petition of qualified electors to a number
             166      equal to fifteen per cent of the total votes cast for mayor on the next preceding election, and any
             167      such amendment may be submitted at the next regular municipal election, and having been
             168      approved by the majority of the electors voting thereon, shall become part of the charter at the time
             169      fixed in such amendment and shall be certified and filed as provided in case of charters. S [ ] ] s
             170           S [ [ ] s Each city forming its charter under this section shall have, and is hereby granted, the
             171      authority to exercise all powers relating to municipal affairs, and to adopt and enforce within its
             172      limits, local police, sanitary and similar regulations not in conflict with the general law, and no
             173      enumeration of powers in this constitution or any law shall be deemed to limit or restrict the
             174      general grant of authority hereby conferred; but this grant of authority shall not include the power
             175      to regulate public utilities, not municipally owned, if any such regulation of public utilities is
             176      provided for by general law, nor be deemed to limit or restrict the power of the Legislature in
             177      matters relating to State affairs, to enact general laws applicable alike to all cities of the State. S [ ] ] s
             178           S [[] s The power to be conferred upon the cities by this section shall include the following: S []] s
             179           S [ [ ] s (a) To levy, assess and collect taxes and borrow money, within the limits prescribed by
             180      general law, and to levy and collect special assessments for benefits conferred. S [ ] ] s
             181           S [ [ ] s (b) To furnish all local public services, to purchase, hire, construct, own, maintain and
             182      operate, or lease, public utilities local in extent and use; to acquire by condemnation, or otherwise,


             183      S[ ] ] s within or without the corporate limits, property necessary for any such purposes, subject to
             184      restrictions imposed by general law for the protection of other communities; and to grant local
             185      public utility franchises and within its powers regulate the exercise thereof. S [ ] ] s
             186           S [ [ ] s (c) To make local public improvements and to acquire by condemnation, or
             186a      otherwise,
             187      property within its corporate limits necessary for such improvements; and also to acquire an excess
             188      over than [that] needed for any such improvement and to sell or lease such excess property with
             189      restrictions, in order to protect and preserve the improvement. S [ ] ] s
             190           S [ [ ] s (d) To issue and sell bonds on the security of any such excess property, or of any public
             191      utility owned by the city, or of the revenues thereof, or both, including, in the case of public
             192      utility, a franchise stating the terms upon which, in case of foreclosure, the purchaser may operate
             193      such utility. S [ ] ] s
             194          Section 9. It is proposed to enact Utah Constitution Article XI, Section 7 , to read:
             195           Article XI, Section 7. [Cities and towns -- Powers.]
             196           S [ (1) Cities and towns S [shall have power to] MAY, AS PRESCRIBED BY STATUTE s :
             197          (a) furnish local public services;
             198          (b) purchase, hire, construct, own, maintain, and operate or lease public utilities local in
             199      extent and use;
             200          (c) acquire by condemnation or otherwise, within or without the corporate limits, property
             201      necessary for the purposes in Subsections (1)(a) and (b), subject to restrictions imposed by statute
             202      for the protection of other communities;
             203          (d) grant local public utility franchises and regulate their exercise; and
             204          (e) make local public improvements and acquire by condemnation or otherwise property
             205      within their limits necessary for such improvements, and acquire an excess over that needed for
             206      any such improvement and sell or lease such excess property with restrictions, in order to protect
             207      and preserve the improvement.
] s

             208           S [ (2) In addition to the authority provided in Subsection (1), cities ] CITIES s and towns may:
             209           S [ (a) ] (1) s as prescribed by statute, levy, assess, and collect taxes, borrow money, and levy and
             210      collect special assessments for benefits conferred; and
             211           S [ (b) ] (2) s exercise other powers and perform other functions that are reasonably related to the
             212      safety, health, morals, and welfare of their inhabitants, except as the Legislature limits or prohibits
             213      by statute.


             214          Section 10. It is proposed to enact Utah Constitution Article XI, Section 8 , to read:
             215           Article XI, Section 8. [Special service districts.]
             216          (1) The Legislature may by statute authorize:
             217          (a) a county, city, or town to establish a special service district within all or any part of the
             218      county, city, or town, to be governed by the governing authority of the county, city, or town, and
             219      to provide services as provided by statute;
             220          (b) a county, city, or town to levy taxes upon the taxable property in the special service
             221      district for the purpose of acquiring, constructing, equipping, operating, and maintaining facilities
             222      required for any or all of the services the special service district is authorized to provide; and
             223          (c) a special service district to issue bonds of the special service district for the purpose
             224      of acquiring, constructing, and equipping any of the facilities required for any or all of the services
             225      the special service district is authorized to provide, without regard to the limitations of Article
             226      XIV, Sections 3 and 4, but subject to such limitation on the aggregate amount of the bonds
             227      outstanding at any one time as may be provided by statute.
             228          (2) The authority to levy taxes upon the taxable property in a special service district and
             229      to issue bonds payable from taxes levied on the taxable property in the special service district shall
             230      be conditioned upon the assent of a majority of the qualified electors of the special service district
             231      voting in an election for this purpose to be held as provided by statute.
             232          (3) A special service district created by a county may contain all or part of one or more
             233      cities or towns, but only with the consent of the governing authority of each city or town to be
             234      included in the special service district.
             235          Section 11. It is proposed to enact Utah Constitution Article XI, Section 9 , to read:
             236           Article XI, Section 9. [Political subdivisions of the State in addition to counties, cities,
             237      towns, school districts, and special service districts.]
             238          The Legislature may by statute provide for the establishment of political subdivisions of
             239      the State, S OR OTHER GOVERNMENTAL ENTITIES, s in addition to counties, cities, towns, school
             239a      districts, and special service districts, to
             240      provide services and facilities as provided by statute. Those other political subdivisions of the
             241      State S OR OTHER GOVERNMENTAL ENTITIES, s may exercise those powers and perform those
             241a      functions that are provided by statute.
             242          Section 12. It is proposed to enact Utah Constitution Article XI, Section 10 , to read:
             243           Article XI, Section 10. [Consent of local authorities necessary for use of streets.]
             244          The Legislature may not grant the right to construct and operate a street railroad, telegraph,


             245      telephone, or electric light plant within a city or town without the consent of the local authorities
             246      who have control of the street or highway proposed to be occupied for such purposes.
             247          Section 13. It is proposed to repeal Utah Constitution Article XII, Section 8 :
             248           Article XII, Section 8. [Consent of local authorities necessary for use of streets.]
             249          [No law shall be passed granting the right to construct and operate a street railroad,
             250      telegraph, telephone or electric light plant within any city or incorporated town, without the
             251      consent of the local authorities who have control of the street or highway proposed to be occupied
             252      for such purposes.]
             253          Section 14. It is proposed to amend Utah Constitution Article XIII, Section 5 , to read:
             254           Article XIII, Section 5. [Counties, cities, towns, school districts, special districts, or
             255      other political subdivisions to levy local taxes -- Sharing tax and revenues by political
             256      subdivisions -- Debt Guaranty.]
             257          (1) The Legislature [shall] may not impose taxes for the purpose of any county, city, town,
             258      school district, S [ special district, ] s or other [municipal corporation] political subdivision of the State,
             259      but may, by [law] statute, vest in the [corporate authorities] governing bodies thereof, respectively,
             260      the power to assess and collect taxes for all purposes of such [corporation] political subdivision.
             261          (2) Notwithstanding anything to the contrary contained in this Constitution, political
             262      subdivisions may share their tax and other revenues with other political subdivisions as provided
             263      by statute and the State may guarantee the debt of school districts and may guarantee debt incurred
             264      to refund the school district debt as provided in Article X, Section 5.
             265          Section 15. It is proposed to amend Utah Constitution Article XIII, Section 13 , to read:
             266           Article XIII, Section 13. [Revenue from highway user and motor fuel taxes to be
             267      used for highway purposes.]
             268          The proceeds from the imposition of any license tax, registration fee, driver education tax,
             269      or other charge related to the operation of any motor vehicle upon any public highway in this State,
             270      and the proceeds from the imposition of any excise tax on gasoline or other liquid motor fuels used
             271      for propelling such vehicle, except for statutory refunds and adjustments allowed thereunder and
             272      for costs of collection and administration, shall be used exclusively for highway purposes as
             273      follows:
             274          (1) the construction, improvement, repair and maintenance of city streets, county roads,
             275      and State highways, including but not restricted to payment for property taken for or damaged by


             276      rights of way, and for administrative costs necessarily incurred for said purposes[.];
             277          (2) the administration of a driver education program[.];
             278          (3) the enforcement of State motor vehicle and traffic laws[.]; and
             279          (4) [Tourists and publicity expense in any single biennium not in excess of the lesser of
             280      the following: (a) .5 per cent of the total biennial revenues from motor fuel taxes, or (b) an amount
             281      equal to the 1959-1961 biennium.] the payment of the principal of and interest on any obligation
             282      of the State or any city or county, issued for any of the highway purposes set forth in Subsection
             283      (1), and to which any of the proceeds described in this section have been pledged, including any
             284      of such proceeds paid to the State or any city or county, as provided by statute.
             285          Section 16. It is proposed to amend Utah Constitution Article XIV, Section 3 , to read:
             286           S [ Article XIV, Section 3. [Debts of counties, cities, towns, school districts, special
             287      districts, and other political subdivisions, secured directly by property taxes, not to exceed
             288      revenue -- Exception.]
             289          No debt secured directly by property taxes may be created in excess of the taxes for the
             290      current year [shall be created] by any county [or subdivision thereof, or by any school district
             291      therein, or by any], city, town [or village], school district, special district, or [any subdivision
             292      thereof in this] other political subdivision of the State[;] unless the proposition to create [such] the
             293      debt[, shall have] has been submitted to a vote of [such] qualified [electors as shall have paid a
             294      property tax therein, in the year preceding such election] voters at the time and in the manner
             295      provided by statute, and a majority of those voting thereon [shall have] has voted in favor of
             296      incurring [such] the debt.
] "Article XIV, Section 3
[Certain debt of counties, cities, towns, school
             296a      districts, and other political subdivisions not to exceed revenue -- Exception.]
             296b          No debt ISSUED BY A COUNTY, CITY, TOWN, SCHOOL DISTRICT, OR OTHER POLITICAL
             296c      SUBDIVISION OF THE STATE AND DIRECTLY PAYABLE FROM AND SECURED BY AD VALOREM
             296d      PROPERTY TAXES LEVIED BY THE ISSUER OF THE DEBT MAY BE CREATED in excess of the taxes
             296e      for the current year [shall be created by any county or subdivision thereof, or by any school district
             296f      therein, or by any city, town or village, or any subdivision thereof in this State;] unless the proposition
             296g      to create [such] THE debt[, shall have] HAS been submitted to a vote of [such] qualified [electors as
             296h      shall have paid a property tax therein, in the year preceding such election] VOTERS AT THE TIME AND
             296i      IN THE MANNER PROVIDED BY STATUTE, and a majority of those voting thereon [shall have] HAS
             296j      voted in favor of incurring [such] THE debt." s
             297          Section 17. It is proposed to repeal Utah Constitution Article XIV, Section 8 :
             298           Article XIV, Section 8. [Special service districts.]
             299          [(1) The Legislature by general statute may authorize:]
             300          [(a) any county, city, or town to establish special districts within all or any part of the
             301      county, city, or town to be governed by the governing authority of the county, city, or town, and
             302      each special district may provide water, sewerage, drainage, flood control, garbage, transportation,
             303      recreation, health care, and fire protection services or any combination of these services in
             304      accordance with that statute;]
             305          [(b) any county, city, or town to levy taxes upon the taxable property in such special
             306      district for the purpose of acquiring, constructing, equipping, operating, and maintaining facilities


             307      required for any or all of such services; and]
             308          [(c) any special district to issue bonds of the special district for the purpose of acquiring,
             309      constructing, and equipping any of these facilities without regard to the limitations of Sections 3
             310      and 4 of this Article XIV but subject to such limitation on the aggregate amount of these bonds
             311      which may be outstanding at any one time as may be provided by statute.]
             312          [(2) The authority to levy taxes upon the taxable property in these districts and to issue
             313      bonds of these districts payable from taxes levied on the taxable property in them shall be
             314      conditioned upon the assent of a majority of the qualified electors of the district voting in an
             315      election for this purpose to be held as provided by statute.]
             316          [(3) Any such district created by a county may contain all or part of any incorporated
             317      municipality or municipalities but only with the consent of the governing authorities thereof.]
             318          Section 18. Submittal to electors.
             319          The lieutenant governor is directed to submit this proposed amendment to the electors of
             320      the state of Utah at the next general election in the manner provided by law.
             321          Section 19. Effective date.
             322          If approved by a majority of the electors of the state voting at the next general election, the
             323      amendment proposed by this joint resolution shall take effect on January 1, 2001.




Legislative Review Note
    as of 1-6-99 11:58 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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