0001| HOUSE JOINT MEMORIAL 53
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| RICK MIERA
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| A JOINT MEMORIAL
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0012| SUPPORTING THE ATTORNEY GENERAL'S STUDY AND EFFORTS TO MAKE
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0013| RECOMMENDATIONS REGARDING STRATEGIC LAWSUITS AGAINST PUBLIC
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0014| PARTICIPATION.
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0015|
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0016| WHEREAS, essential to our constitutional democracy is the
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0017| principle of full access to, participation in and control of the
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0018| government by the citizenry, including the right to circulate
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0019| petitions, voice criticism, testify at public hearings, support
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0020| legislation and engage in peaceful demonstrations; and
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0021| WHEREAS, in recent years in New Mexico, continuing the
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0022| tradition of citizen activism, hundreds of citizen organizations
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0023| and thousands of individual citizens have petitioned, lobbied
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0024| and testified in a wide variety of public forums, but some of
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0025| these individuals and organizations have been sued by opposing
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0001| groups for their government advocacy; and
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0002| WHEREAS, these lawsuits, called "strategic lawsuits against
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0003| public participation", are often filed by one side of a public
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0004| dispute to punish or prevent opposing points of view, and they
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0005| are an attempt to transform a public or political dispute into a
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0006| private, legal adjudication; and
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0007| WHEREAS, the costs immediately imposed on the defendants or
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0008| the targets of strategic lawsuits against public participation
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0009| can be substantial, including court costs and attorneys' fees as
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0010| well as lost wages, potential credit problems and financial
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0011| insecurity; and
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0012| WHEREAS, state supreme court and United States supreme
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0013| court decisions regarding these strategic lawsuits against
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0014| public participation have noted the chilling effect they have on
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0015| First Amendment rights and the enormous legal costs they impose
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0016| on citizen-advocacy defendants, and that they threaten the
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0017| essential democratic right of all citizens to petition their
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0018| government; and
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0019| WHEREAS, during the last two years in New Mexico, often
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0020| over contentious issues such as solid or medical waste disposal,
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0021| legal action has been taken against community-based nonprofit
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0022| organizations that have participated in solid waste or medical
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0023| waste incinerator-permit hearings; and
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0024| WHEREAS, in response to similar strategic lawsuits against
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0025| public participation and related threats to First Amendment
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0001| rights, several other states, including Nevada, New York and
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0002| California, have enacted legislation protecting citizen
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0003| participation and limiting the scope and power of strategic
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0004| lawsuits against public participation;
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0005| NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE
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0006| STATE OF NEW MEXICO that the efforts of the attorney general to
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0007| conduct a study and make recommendations regarding the problem
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0008| of strategic lawsuits against public participation in New Mexico
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0009| be applauded; and
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0010| BE IT FURTHER RESOLVED that the attorney general be
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0011| requested to include legislative recommendations in his report
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0012| to the appropriate interim legislative committee and to the
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0013| first session of the forty-third legislature; and
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0014| BE IT FURTHER RESOLVED that a copy of this memorial be
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0015| transmitted to the attorney general.
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0016| State of New Mexico
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0017| House of Representatives
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0018|
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0019| FORTY-SECOND LEGISLATURE
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0020| SECOND SESSION, 1996
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0021|
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0022| February 8, l996
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0023|
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0024|
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0025| Mr. Speaker:
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0001|
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0002| Your RULES AND ORDER OF BUSINESS COMMITTEE, to
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0003| whom has been referred
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0004|
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0005| HOUSE JOINT MEMORIAL 53
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0006|
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0007| has had it under consideration and finds same to be
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0008| GERMANE in accordance with constitutional provisions.
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0009|
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0010| Respectfully submitted,
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0011|
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0012|
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0013|
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0014|
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0015| Barbara A. Perea Casey,
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0016| Chairperson
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0017|
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0018|
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0019| Adopted Not Adopted
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0020|
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0021| (Chief Clerk) (Chief Clerk)
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0022|
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0023| Date
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0024|
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0025| The roll call vote was 9 For 0 Against
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0001| Yes: 9
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0002| Excused: Knowles, Lujan, Nicely, Ryan, J. G. Taylor, Wallach
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0003| Absent: None
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0004|
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0005| HJ053RC1 State of New Mexico
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0006| House of Representatives
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0007|
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0008| FORTY-SECOND LEGISLATURE
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0009| SECOND SESSION, 1996
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0010|
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0011|
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0012| February 11, 1996
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0013|
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0014|
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0015| Mr. Speaker:
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0016|
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0017| Your BUSINESS AND INDUSTRY COMMITTEE, to whom has
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0018| been referred
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0019|
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0020| HOUSE JOINT MEMORIAL 53
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0021|
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0022| has had it under consideration and reports same with
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0023| recommendation that it DO PASS, and thence referred to the
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0024| JUDICIARY COMMITTEE.
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0025|
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0001| Respectfully submitted,
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0002|
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0003|
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0004|
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0005|
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0006| Fred Luna, Chairman
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0007|
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0008|
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0009| Adopted Not Adopted
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0010|
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0011| (Chief Clerk) (Chief Clerk)
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0012|
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0013| Date
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0014|
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0015| The roll call vote was 7 For 3 Against
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0016| Yes: 7
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0017| No: Hobbs, Macko, R.R. Sanchez
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0018| Excused: None
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0019| Absent: Gubbels, Varela
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0020|
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0021|
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0022|
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0023|
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0024| HJ053BI1 State of New Mexico
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0025| House of Representatives
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0001|
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0002| FORTY-SECOND LEGISLATURE
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0003| SECOND SESSION, 1996
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0004|
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0005|
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0006| February 13, 1996
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0007|
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0008|
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0009| Mr. Speaker:
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0010|
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0011| Your JUDICIARY COMMITTEE, to whom has been referred
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0012|
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0013| HOUSE JOINT MEMORIAL 53
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0014|
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0015| has had it under consideration and reports same with
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0016| recommendation that it DO PASS, amended as follows:
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0017|
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0018| 1. On page 2, strike lines 18 through 22 in their
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0019| entirety.
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0020| Respectfully submitted,
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0021|
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0022|
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0023|
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0024|
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0025|
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0001| Cisco McSorley, Chairman
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0002|
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0003|
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0004| Adopted Not Adopted
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0005|
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0006| (Chief Clerk) (Chief Clerk)
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0007|
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0008| Date
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0009|
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0010| The roll call vote was 12 For 0 Against
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0011| Yes: 12
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0012| Excused: Sanchez, R.G.
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0013| Absent: None
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0014|
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0015|
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0016| .112184.1
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0017| HJ053JC1
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