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Second Substitute H.B. 298
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7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to the motor vehicle safety inspections.
10 Highlighted Provisions:
11 This bill:
12 . provides that if a title of a used motor vehicle is being transferred, a safety
13 inspection issued for the motor vehicle during the previous 11 months may be used
14 to satisfy the safety inspection requirement;
15 . reduces the frequency of the requirement that an owner of certain vehicles is
16 required to obtain a safety inspection certificate prior to registering the vehicle;
17 . increases the registration fee for motor vehicles and motorcycles to offset the
18 reduced revenues from the repeal of the safety inspection certificate fee;
19 . provides that a portion of the revenues from the increased motor vehicle and
20 motorcycle registration fees shall be:
21 . deposited in the Public Safety Restricted Account; and
22 . used to pay a portion of the costs to employ highway patrol officers to police or
23 patrol the highways within this state; and
24 . makes conforming changes.
25 Money Appropriated in this Bill:
26 This bill appropriates:
27 . $879,000 from the General Fund to the Department of Public Safety - Highway
28 Patrol Field Operations and transfers an additional $540,000 in restricted revenue
29 from the Department of Public Safety - Highway Patrol Safety Inspections to the
30 Department of Public Safety - Highway Patrol Field Operations.
31 Other Special Clauses:
32 This bill provides an effective date.
33 Utah Code Sections Affected:
34 AMENDS:
35 41-1a-205, as last amended by Laws of Utah 2008, Chapters 36 and 210
36 41-1a-1201, as last amended by Laws of Utah 2011, Chapters 189 and 268
37 41-1a-1206, as last amended by Laws of Utah 2011, Chapter 268
38 41-3-303, as last amended by Laws of Utah 2005, Chapter 2
39 53-3-106, as last amended by Laws of Utah 2011, Chapter 428
40 53-8-204, as last amended by Laws of Utah 2009, Chapter 183
41 53-8-205, as last amended by Laws of Utah 2009, Chapters 155 and 311
42 53-8-206, as last amended by Laws of Utah 2009, Chapter 311
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44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 41-1a-205 is amended to read:
46 41-1a-205. Safety inspection certificate required for renewal or registration of
47 motor vehicle -- Exemptions.
48 (1) If required in the current year, a safety inspection certificate, as required by Section
49 53-8-205 , or proof of exemption from safety inspection shall be presented at the time of, and as
50 a condition of, registration or renewal of registration of a motor vehicle.
51 (2) (a) Except as provided in Subsections (2)(b), (c), and (d), the safety inspection
52 required under this section may be made no more than two months prior to the renewal of
53 registration.
54 (b) (i) If the title of a used motor vehicle is being transferred, a safety inspection
55 certificate issued for the motor vehicle during the previous [
56 satisfy the requirement under Subsection (1).
57 (ii) If the transferor is a licensed and bonded used motor vehicle dealer, a safety
58 inspection certificate issued for the motor vehicle in a licensed and bonded motor vehicle
59 dealer's name during the previous [
60 Subsection (1).
61 (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, a
62 safety inspection certificate issued during the previous [
63 the requirement under Subsection (1).
64 (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the safety inspection
65 required under this section may be made no more than 11 months prior to the renewal of
66 registration.
67 (3) (a) The following motor vehicles are exempt from this section:
68 (i) except as provided in Subsection (3)(b), a new motor vehicle when registered the
69 first time, if:
70 (A) a new car predelivery inspection has been made by a dealer;
71 (B) the dealer provides a written disclosure statement listing any known deficiency,
72 existing with the new motor vehicle at the time of delivery, that would cause the motor vehicle
73 to fail a safety inspection given in accordance with Section 53-8-205 ; and
74 (C) the buyer signs the disclosure statement to acknowledge that the buyer has read and
75 understands the listed deficiencies;
76 (ii) a motor vehicle required to be registered under this chapter that bears a dealer plate
77 or other special plate under Title 41, Chapter 3, Part 5, Special Dealer License Plates, except
78 that if the motor vehicle is propelled by its own power and is not being moved for repair or
79 dismantling, the motor vehicle shall comply with Section 41-6a-1601 regarding safe
80 mechanical condition; and
81 (iii) a vintage vehicle as defined in Section 41-21-1 .
82 (b) A street-legal all-terrain vehicle registered in accordance with Section 41-6a-1509
83 is subject to a safety inspection the first time that a person registers an off-highway vehicle as a
84 street-legal all-terrain vehicle.
85 (4) (a) A safety inspection certificate shall be displayed on:
86 (i) all registered commercial motor vehicles with a gross vehicle weight rating of
87 26,000 pounds or more;
88 (ii) a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer with
89 multiple axles;
90 (iii) a combination unit; and
91 (iv) a bus or van for hire.
92 (b) A commercial vehicle under Subsection (4)(a) is exempt from the requirements of
93 Subsection (1).
94 (5) A motor vehicle may be sold and the title assigned to the new owner without a
95 valid safety inspection, but the motor vehicle may not be registered in the new owner's name
96 until the motor vehicle complies with this section.
97 Section 2. Section 41-1a-1201 is amended to read:
98 41-1a-1201. Disposition of fees.
99 (1) All fees received and collected under this part shall be transmitted daily to the state
100 treasurer.
101 (2) Except as provided in Subsections (3), (6), [
102 41-1a-422 , 41-1a-1220 , 41-1a-1221 , and 41-1a-1223 all fees collected under this part shall be
103 deposited in the Transportation Fund.
104 (3) Funds generated under Subsections 41-1a-1211 (1)(b)(ii), (6)(b)(ii), and (7) and
105 Section 41-1a-1212 may be used by the commission to cover the costs incurred in issuing
106 license plates under Part 4, License Plates and Registration Indicia.
107 (4) In accordance with Section 63J-1-602.2 , all funds available to the commission for
108 the purchase and distribution of license plates and decals are nonlapsing.
109 (5) Except as provided in Subsection (3) and Section 41-1a-1205 , the expenses of the
110 commission in enforcing and administering this part shall be provided for by legislative
111 appropriation from the revenues of the Transportation Fund.
112 (6) (a) Except as provided in Subsection (6)(b), the following portions of the
113 registration fees imposed under Section 41-1a-1206 for each vehicle shall be deposited in the
114 Centennial Highway Fund Restricted Account created under Section 72-2-118 :
115 (i) $10 of the registration fees imposed under Subsections 41-1a-1206 (1)(a), (1)(b),
116 (1)(f), (2), and (5);
117 (ii) $1 of the registration fees imposed under Subsections 41-1a-1206 (1)(c)(i),
118 (1)(c)(ii), and (1)(d)(ii);
119 (iii) $2 of the registration fee imposed under Subsection 41-1a-1206 (1)(e)(ii);
120 (iv) $3 of the registration fee imposed under Subsection 41-1a-1206 (1)(d)(i); and
121 (v) $4.50 of the registration fee imposed under Subsection 41-1a-1206 (1)(e)(i).
122 (b) When the highway general obligation bonds have been paid off and the highway
123 projects completed that are intended to be paid from revenues deposited in the Centennial
124 Highway Fund Restricted Account as determined by the Executive Appropriations Committee
125 under Subsection 72-2-118 (6)(d), the portions of the registration fees deposited under
126 Subsection (6)(a) for each vehicle shall be deposited in the Transportation Investment Fund of
127 2005 created by Section 72-2-124 .
128 (7) The following portions of the registration fees imposed under Section 41-1a-1206
129 for each vehicle shall be deposited in the Transportation Investment Fund of 2005 created by
130 Section 72-2-124 :
131 (a) $20 of each registration fee collected under Subsections 41-1a-1206 (1)(a), (1)(b),
132 (1)(c), (1)(d)(i), (1)(e)(i), (1)(f), (2)(a), and (5); and
133 (b) 50 cents of each registration fee collected under Subsection 41-1a-1206 (1)(e)(ii).
134 (8) Sixty-four cents of each registration fee imposed under Subsections
135 41-1a-1206 (1)(a) and (b) for each vehicle shall be deposited in the Public Safety Restricted
136 Account created in Section 53-3-106 .
137 Section 3. Section 41-1a-1206 is amended to read:
138 41-1a-1206. Registration fees -- Fees by gross laden weight.
139 (1) Except as provided in Subsection (2), at the time application is made for
140 registration or renewal of registration of a vehicle or combination of vehicles under this
141 chapter, a registration fee shall be paid to the division as follows:
142 (a) $42.50 for each motorcycle;
143 (b) [
144 excluding motorcycles;
145 (c) unless the semitrailer or trailer is exempt from registration under Section 41-1a-202
146 or is registered under Section 41-1a-301 :
147 (i) $31 for each trailer or semitrailer over 750 pounds gross unladen weight; or
148 (ii) $28.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
149 gross unladen weight;
150 (d) (i) $53 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
151 gross laden weight; plus
152 (ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight;
153 (e) (i) $69.50 for each motor vehicle or combination of motor vehicles, excluding farm
154 trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
155 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight; and
156 (f) $45 for each vintage vehicle that is less than 40 years old.
157 (2) (a) The initial registration fee for a vintage vehicle that is 40 years old or older is
158 $40.
159 (b) A vintage vehicle that is 40 years old or older is exempt from the renewal of
160 registration fees under Subsection (1).
161 (c) A vehicle with a Purple Heart special group license plate issued in accordance with
162 Section 41-1a-421 is exempt from the registration fees under Subsection (1).
163 (3) If a motor vehicle is operated in combination with a semitrailer or trailer, each
164 motor vehicle shall register for the total gross laden weight of all units of the combination if the
165 total gross laden weight of the combination exceeds 12,000 pounds.
166 (4) (a) Registration fee categories under this section are based on the gross laden
167 weight declared in the licensee's application for registration.
168 (b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
169 of 2,000 pounds is a full unit.
170 (5) The owner of a commercial trailer or commercial semitrailer may, as an alternative
171 to registering under Subsection (1)(c), apply for and obtain a special registration and license
172 plate for a fee of $130.
173 (6) Except as provided in Section 41-6a-1642 , a truck may not be registered as a farm
174 truck unless:
175 (a) the truck meets the definition of a farm truck under Section 41-1a-102 ; and
176 (b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
177 (ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
178 submits to the division a certificate of emissions inspection or a waiver in compliance with
179 Section 41-6a-1642 .
180 (7) A violation of Subsection (6) is a class B misdemeanor that shall be punished by a
181 fine of not less than $200.
182 (8) Trucks used exclusively to pump cement, bore wells, or perform crane services
183 with a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees
184 required for those vehicles under this section.
185 Section 4. Section 41-3-303 is amended to read:
186 41-3-303. Temporary permits -- Inspections required before issuance.
187 (1) A dealer licensed in accordance with this chapter may not issue a temporary permit
188 under Section 41-3-302 unless:
189 (a) (i) the motor vehicle for which the temporary permit is issued has received and
190 passed the safety inspection if required [
191 the previous six months;
192 (ii) the safety inspection certificate was issued in the name of a licensed and bonded
193 dealer; and
194 (iii) a copy of the safety inspection certificate is given to the customer; and
195 (b) the motor vehicle passed the emission inspection test required by Section
196 41-6a-1642 .
197 (2) Notwithstanding Subsection (1)(a), a dealer may issue a temporary permit without a
198 safety inspection certificate if the motor vehicle complies with the safety inspection as
199 provided in Section 41-1a-205 .
200 (3) Notwithstanding Subsection (1)(b), a dealer may issue a temporary permit without
201 proof of an emission inspection if:
202 (a) the motor vehicle is exempt from emission inspection as provided in Section
203 41-6a-1642 ;
204 (b) the purchaser is a resident of a county that does not require emission inspections; or
205 (c) the motor vehicle is otherwise exempt from emission inspections.
206 (4) Notwithstanding Subsection (1), a dealer may sell a motor vehicle as is without
207 having it safety or emission inspected provided that no temporary permit is issued.
208 Section 5. Section 53-3-106 is amended to read:
209 53-3-106. Disposition of revenues under this chapter -- Restricted account created
210 -- Uses as provided by appropriation -- Nonlapsing.
211 (1) There is created within the Transportation Fund a restricted account known as the
212 "Department of Public Safety Restricted Account."
213 (2) The account consists of money generated from the following revenue sources:
214 (a) all money received under this chapter;
215 (b) administrative fees received according to the fee schedule authorized under this
216 chapter and Section 63J-1-504 ; [
217 (c) moneys received in accordance with Section 41-1a-1201 ; and
218 [
219 (3) (a) The account shall earn interest.
220 (b) All interest earned on account money shall be deposited in the account.
221 (4) The expenses of the department in carrying out this chapter shall be provided for by
222 legislative appropriation from this account.
223 (5) The amount in excess of $45 of the fees collected under Subsection 53-3-105 (24)
224 shall be appropriated by the Legislature from this account to the department to implement the
225 provisions of Section 53-1-117 , except that of the amount in excess of $45, $40 shall be
226 deposited in the State Laboratory Drug Testing Account created in Section 26-1-34 .
227 (6) All money received under Subsection 41-6a-1406 (6)(b)(ii) shall be appropriated by
228 the Legislature from this account to the department to implement the provisions of Section
229 53-1-117 .
230 (7) Beginning in fiscal year 2009-10, the Legislature shall appropriate $100,000
231 annually from the account to the state medical examiner appointed under Section 26-4-4 for
232 use in carrying out duties related to highway crash deaths under Subsection 26-4-7 (1).
233 (8) The division shall remit the fees collected under Subsection 53-3-105 (28) to the
234 Bureau of Criminal Identification to cover the costs for the services the Bureau of Criminal
235 Identification provides under Section 53-3-205.5 .
236 (9) Appropriations to the department from the account are nonlapsing.
237 Section 6. Section 53-8-204 is amended to read:
238 53-8-204. Division duties -- Official inspection stations -- Permits -- Fees --
239 Suspension or revocation -- Utah-based interstate commercial motor carriers.
240 (1) The division shall:
241 (a) conduct examinations of every safety inspection station permit applicant and safety
242 inspector certificate applicant to determine whether the applicant is properly equipped and
243 qualified to make safety inspections;
244 (b) issue safety inspection station permits and safety inspector certificates to qualified
245 applicants;
246 (c) establish application, renewal, and reapplication fees in accordance with Section
247 63J-1-504 for safety inspection station permits and safety inspector certificates;
248 (d) provide instructions and all necessary forms, including safety inspection
249 certificates, to safety inspection stations for the inspection of motor vehicles and the issuance
250 of the safety inspection certificates;
251 [
252 [
253 inspectors;
254 [
255 and standards and distribute them to all safety inspection stations and provide updates to the
256 compiled laws, rules, instructions, and standards as needed;
257 [
258 compiling and publishing the safety inspection laws, rules, instructions, and standards and any
259 updates; and
260 [
261 (2) (a) [
262 (1)[
263 Highway Patrol incurred under Subsection (1)[
264 [
265 deposited in the Transportation Fund.
266 [
267
268 [
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270 [
271
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273 (3) The division may:
274 (a) before issuing a safety inspection permit, require an applicant, other than a fleet
275 station or government station, to file a bond that will provide a guarantee that the applicant
276 safety inspection station will make compensation for any damage to a motor vehicle during an
277 inspection or adjustment due to negligence on the part of an applicant or the applicant's
278 employees;
279 (b) establish procedures governing the issuance of safety inspection certificates to
280 Utah-based interstate commercial motor carriers;
281 (c) suspend, revoke, or refuse renewal of any safety inspection station permit issued
282 when the division finds that the safety inspection station is not:
283 (i) properly equipped; or
284 (ii) complying with rules made by the division; and
285 (d) suspend, revoke, or refuse renewal of any safety inspection station permit or safety
286 inspector certificate issued when the station or inspector has violated any safety inspection law
287 or rule.
288 (4) The division shall maintain a record of safety inspection station permits and safety
289 inspector certificates issued, suspended, revoked, or refused renewal under Subsection (3)(c).
290 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
291 division shall make rules:
292 (a) setting minimum standards covering the design, construction, condition, and
293 operation of motor vehicle equipment for safely operating a motor vehicle on the highway;
294 (b) establishing motor vehicle safety inspection procedures to ensure a motor vehicle
295 can be operated safely;
296 (c) establishing safety inspection station building, equipment, and personnel
297 requirements necessary to qualify to perform safety inspections;
298 (d) establishing age, training, examination, and renewal requirements to qualify for a
299 safety inspector certificate;
300 (e) establishing program guidelines for a school district that elects to implement a
301 safety inspection apprenticeship program for high school students;
302 (f) establishing requirements:
303 (i) designed to protect consumers from unwanted or unneeded repairs or adjustments;
304 (ii) for maintaining safety inspection records;
305 (iii) for providing reports to the division; and
306 (iv) for maintaining and protecting safety inspection certificates;
307 (g) establishing procedures for a motor vehicle that fails a safety inspection;
308 (h) setting bonding amounts for safety inspection stations if bonds are required under
309 Subsection (3)(a); and
310 (i) establishing procedures for a safety inspection station to follow if the station is
311 going out of business.
312 (6) The rules of the division:
313 (a) shall conform as nearly as practical to federal motor vehicle safety standards
314 including 49 CFR 393, 396, 396 Appendix G, and Federal Motor Vehicle Safety Standards
315 205; and
316 (b) may incorporate by reference, in whole or in part, the federal standards under
317 Subsection (6)(a) and nationally recognized and readily available standards and codes on motor
318 vehicle safety.
319 Section 7. Section 53-8-205 is amended to read:
320 53-8-205. Safety inspection required -- Frequency of safety inspection -- Safety
321 inspection certificate required -- Out-of-state permits.
322 (1) (a) Except as provided in Subsection (1)(b), a person may not operate on a highway
323 a motor vehicle required to be registered in this state unless the motor vehicle has passed a
324 safety inspection if required in the current year.
325 (b) Subsection (1)(a) does not apply to:
326 (i) a vehicle that is exempt from registration under Section 41-1a-205 ;
327 (ii) an off-highway vehicle, unless the off-highway vehicle is being registered as a
328 street-legal all-terrain vehicle in accordance with Section 41-6a-1509 ;
329 (iii) a vintage vehicle as defined in Section 41-21-1 ;
330 (iv) a commercial vehicle with a gross vehicle weight rating over 26,000 pounds that:
331 (A) is operating with an apportioned registration under Section 41-1a-301; and
332 (B) has a valid annual federal inspection that complies with the requirements of 49
333 C.F.R. 396.17; and
334 (v) a trailer, semitrailer, or trailering equipment attached to a commercial motor vehicle
335 described in Subsection (1)(a)(iv) that has a valid annual federal inspection that complies with
336 the requirements of 49 C.F.R. 396.17.
337 (2) Except as provided in Subsection (3), the frequency of the safety inspection shall be
338 determined based on the age of the vehicle determined by model year and shall:
339 (a) be required each year for a vehicle that is [
340 or
341 [
342
343 [
344 [
345 (b) be required every four years for each vehicle that is less than 10 years old on
346 January 1 in the fourth year and the eighth year;
347 (c) be made by a safety inspector certified by the division at a safety inspection station
348 authorized by the division;
349 (d) cover an inspection of the motor vehicle mechanism, brakes, and equipment to
350 ensure proper adjustment and condition as required by department rules; and
351 (e) include an inspection for the display of license plates in accordance with Section
352 41-1a-404 .
353 (3) (a) (i) A salvage vehicle as defined in Section 41-1a-1001 is required to pass a
354 safety inspection when an application is made for initial registration as a salvage vehicle.
355 (ii) After initial registration as a salvage vehicle, the frequency of the safety inspection
356 shall correspond with the model year, as provided in Subsection (2).
357 (b) A motor vehicle with a gross vehicle weight rating of 10,001 pounds or more is
358 required to pass a safety inspection annually.
359 (4) (a) A safety inspection station shall issue two safety inspection certificates to the
360 owner of:
361 (i) each motor vehicle that passes a safety inspection under this section; and
362 (ii) a street-legal all-terrain vehicle that meets all the equipment requirements in
363 Section 41-6a-1509 .
364 (b) A safety inspection station shall use one safety inspection certificate issued under
365 this Subsection (4) for processing the vehicle registration.
366 (c) A person operating a motor vehicle shall have in the person's immediate possession
367 a safety inspection certificate or other evidence of compliance with the requirement to obtain a
368 safety inspection under this section.
369 (5) The division may:
370 (a) authorize the acceptance in this state of a safety inspection certificate issued in
371 another state having a safety inspection law similar to this state; and
372 (b) extend the time within which a safety inspection certificate must be obtained by the
373 resident owner of a vehicle that was not in this state during the time a safety inspection was
374 required.
375 Section 8. Section 53-8-206 is amended to read:
376 53-8-206. Safety inspection -- Station requirements -- Permits not transferable --
377 Certificate of inspection -- Fees -- Unused certificates -- Suspension or revocation of
378 permits.
379 (1) The safety inspection required under Section 53-8-205 may only be performed:
380 (a) by a person certified by the division as a safety inspector; and
381 (b) at a safety inspection station with a valid safety inspection station permit issued by
382 the division.
383 (2) A safety inspection station permit may not be assigned or transferred or used at any
384 location other than a designated location, and every safety inspection station permit shall be
385 posted in a conspicuous place at the location designated.
386 (3) If required by the division, a record and report shall be made of every safety
387 inspection and every safety inspection certificate issued.
388 (4) A safety inspection station holding a safety inspection station permit issued by the
389 division may charge[
390
391 inspections, not to exceed:
392 [
393 [
394 vehicles; or
395 [
396 necessitate disassembly of front hub or removal of rear axle for inspection.
397 (5) A safety inspection station may return unused safety inspection certificates in a
398 quantity of 10 or more and shall be reimbursed by the division for the cost of the safety
399 inspection certificates.
400 (6) (a) Upon receiving notice of the suspension or revocation of a safety inspection
401 station permit, the safety inspection station permit holder shall immediately terminate all safety
402 inspection activities and return all safety inspection certificates and the safety inspection station
403 permit to the division.
404 (b) The division shall issue a receipt for all unused safety inspection certificates.
405 Section 9. Appropriation.
406 Under the terms and conditions of Utah Code Title 63J Chapter 1, Budgetary
407 Procedures Act, the following sums of money are appropriated from resources not otherwise
408 appropriated, or reduced from amounts previously appropriated, out of the funds or fund
409 accounts indicated for the fiscal year beginning July 1, 2012 and ending June 30, 2013. These
410 are additions to amounts previously appropriated for fiscal year 2013.
411 To Department of Public Safety -- Programs and Operations
412 From General Fund
$540,000
413 From General Fund, One-time
$339,000
414 From Transportation Fund Restricted -- Department of Public
415 Safety Account
$1,381,000
416 From Dedicated Credits
($1,381,000)
417 Schedule of Programs:
418 Highway Patrol -- Safety Inspections ($540,000)
419 Highway Patrol -- Field Operations $1,419,000
420 Section 10. Effective date.
421 (1) Except as provided in Subsection (2), this bill takes effect on July 1, 2012.
422 (2) The amendments to the following sections take effect on January 1, 2013:
423 (a) Section 41-1a-205 ;
424 (b) Section 41-1a-1201 ;
425 (c) Section 41-1a-1206 ;
426 (d) Section 41-3-303 ;
427 (e) Section 53-3-106 ;
428 (f) Section 53-8-204 ;
429 (g) Section 53-8-205 ; and
430 (h) Section 53-8-206 .
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