A C D F G H I K L M N O P R S T U V W
CCH® State Law Changes are updated at least semi-monthly. They are brief summaries of information contained in Human Resources Management State Employment Law and Employment Practices Guide, CCH InternetSM Research Network™ (IRN) subscription products. You must be a subscriber to these products to access the IRN links in the monthly compilations.

July 30, 2004 Compilation

AlabamaTop of Page
Health Insurance Benefit Coverage Law
The state has added mandatory coverage requirements for colorectal cancer exams (S. 403, L. 2004, at AL ¶1-4000).

Unemployment Insurance Law
Rate information has been updated (AL ¶1-1700).

AlaskaTop of Page
Criminal Background Checks Law 
Prior to the issuance of a teaching certificate by the education department, applicants are required to undergo a criminal background check. Title 14, Chapter 20, Section 14.20.020, as amended by Act 79 (S.B. 179), L. 2003, effective June 17, 2004. ¶2-23,600.01.

Criminal Background Checks Law 
Persons applying for a license to drive a school bus for the public school system must submit information sufficient to complete a background check, including a fingerprint check. Title 28, Chapter 28.15, Section 28.15.046, as amended by Act 79 (S.B. 179), L. 2003, effective June 17, 2004. ¶2-23,600.05.

Criminal Background Checks Law 
Nursing and assisted living facilities may not employ an individual in a paid position until individual provides a sworn statement regarding any criminal offenses, results of name-check criminal background check and two full sets of fingerprints. Title 18, Chapter 18.20, Section 18.20.302, as amended by Act 79 (S.B. 179), L. 2003, effective June 17, 2004. ¶2-23,600.11.

Criminal Background Checks Law 
National criminal history checks are required for determining a person's qualifications for a license, permit, registration, employment, or position. Title 12, Chapter 62, Section 12.62.400, as enacted by Act 79 (S.B. 179), L. 2003, effective June 17, 2004. ¶2-23,600.51.

Minimum Wage Law/Overtime Pay Law
Alaska has enacted legislation that will exempt a student participating in a University of Alaska practicum from the Alaska Wage and Hour Act (Ch. 102 (H. 539), L. 2003, at AK ¶2-1000 and AK ¶2-1100).
Additionally, the salary requirement for exempt employees in retail and service establishments has been changed to two times the state minimum wage for the first 40 hours of employment each week. The change, which becomes effective September 14, 2004, reduces the minimum salary that must be paid to satisfy the white collar exemptions to $572 a week. According to a press release issued by the Governor's office, the bill will assist retail and service establishments by correcting an unintended consequence of the January 1, 2003, minimum wage increase (Ch. 76 (H. 255), L. 2004, at AK ¶2-1100).

 

ArizonaTop of Page
Preemployment Inquiries Law
The state has amended its background checks law with respect to certain fire district employees (Ch. 122 (H. 2309), L. 2004, at AZ ¶3-9000).

Criminal Background Checks Law
Fire district applicants and volunteers are required to undergo a criminal background check. Title 48, Chapter 5, Section 48-805, as amended by Ch. 122 (H.B. 2309) and Ch. 150 (H.B. 2559), L. 2004, effective Aug. 25, 2004. ¶3-23,600.75.

ArkansasTop of Page
Criminal Background Checks Rules
Operators and employees of long term care facilities are required to undergo a criminal history record check as a condition of employment. 016.06.006, Sections 100 through 800, as amended effective May 1, 2004. ¶4-23,650.01.

Criminal Background Checks Rules
School district personnel are required to undergo a criminal background check as a condition of employment. ADE 172, Sections 1.00 through 8.00, as adopted effective June 21, 2004. Paras ¶4-23,650.01 through ¶4-23,650.08.

CaliforniaTop of Page
Minimum Wage Law
California's Industrial Welfare Commission (IWC) is no longer in operation.
The California Legislature de-funded the IWC effective July 1, 2004. However, the IWC wage orders, which govern wages, hours and working conditions in California, are still in effect and must continue to be posted by employers. Minimum wage orders can be obtained from the California Department of Industrial Relations (DIR) Internet website, electronically ordered or downloaded, or can be ordered by calling (415) 703-5070. IWC wage orders will continue to be enforced by the DIR's Division of Labor Standards Enforcement (Department of Industrial Relations Notice, June 2004).
Also, living wage rates for the City of Berkeley have been adjusted, and the Ninth Circuit has upheld the city's ordinance, finding that requiring marina employers to pay the living wage rates to employees was not unconstitutional.

Child Labor Law
The Lake County hours-of-work exemption for the employment of minors in agricultural packing plants has been extended to January 1, 2008 (Ch. 151 (S. 1134), L. 2003, at CA ¶5-1500).

Fair Employment Practices Law
The office within the state's Health and Human Services Agency responsible for implementing the provisions of the federal Health Insurance Portability and Accountability Act (HIPAA) will continue to determine which provisions of California law are preempted by HIPAA until January 1, 2008. Under former law, the office was to have ceased such function on January 1, 2005 (Ch. 141  (A. 2313), L. 2003, at CA ¶5-2500).

Health Insurance Benefit Coverage Law
The state has enacted a law requiring health care service plans and health insurers to make comparative benefit matrixes that compare certain benefits available through a link on their Internet web sites to the sites of the Department of Managed Health Care and the Department of Insurance. The law also includes provisions pertaining to enrollee block transfer filings and completion of covered services in cases of termination of providers (Ch. 164 (A. 1596), L. 2003, at CA ¶5-4000).

Minimum Wage Law
California's Industrial Welfare Commission (IWC) is no longer in operation.
The California Legislature de-funded the IWC effective July 1, 2004. However, the IWC wage orders, which govern wages, hours and working conditions in California, are still in effect and must continue to be posted by employers. Minimum wage orders can be obtained from the California Department of Industrial Relations (DIR) Internet website, electronically ordered or downloaded, or can be ordered by calling (415) 703-5070. IWC wage orders will continue to be enforced by the DIR's Division of Labor Standards Enforcement (Department of Industrial Relations Notice, June 2004, at CA ¶5-1000).
Also, adjusted living wage rates for the City of Berkeley are reflected in the summary, and the Ninth Circuit has upheld the city's ordinance, finding that requiring marina employers to pay the living wage rates to employees was not unconstitutional (CA ¶5-1000).
Effective July 1, 2004, the living wage rate for Santa Cruz is $11.77 per hour with benefits, and $12.84 per hour without benefits (CA ¶5-1000).

Recordkeeping/Posters Law
Recordkeeping requirements for employers of backstretch workers have been amended (Ch. 99 (A. 2276), L. 2003, at CA ¶5-9900).

ColoradoTop of Page
No Updates as of July 30, 2004
ConnecticutTop of Page
Criminal Background Checks Law
The law regarding the employment of personnel in public schools has been amended. Title 10, Chapter 170, Section 10-221d, as amended by P.A. 04-181 (H.B. 5429), L. 2004, effective July 1, 2004.

Access to Personnel Files Law
The state has amended its Personnel Files Act, effective October 1, 2004. The Labor Commissioner will be able to secure by subpoena an employer against whom a complaint has been filed; an employee who has filed a complaint that is the subject of such investigation; any other person having custody or control of such employee's medical record or personnel file; or any person whose testimony may be pertinent to the matter under investigation, together with any records relevant to the investigation (P.A. 04-178 (H. 5392), L. 2004, at CT ¶7-8500).

Preemployment Inquiries Law
The state's background checks law has been amended with respect to school nurses (P.A. 04-181 (H. 5429), L. 2004, at CT ¶7-9000).

DelawareTop of Page
Holiday and Vacation Law
Veteran's Day is a legal holiday for all public school students and the employees of public school districts and charter schools when it falls on a day when classes would normally occur (S. 186, L. 2003, at DE ¶8-7400).

Unemployment Insurance Law
Rate information has been updated (DE ¶8-1700).

Discrimination in Employment Act
The law has been amended to accomplish the goals of initially pursuing informal methods of resolution through mediation and conciliation and then permitting civil actions in Superior Court. Title 19, Chapter 7, Subchapter II, Sections 710 through 718, as amended by S.B. 154, L. 2004, effective Sept. 10, 2004. ¶8-20,025.10 through ¶8-20,025.18.

D.C.Top of Page
Unemployment Insurance Law
Rate information has been updated (DC ¶9-1700).
FloridaTop of Page
Criminal Background Checks Law
The provision pertaining to the access of criminal history records and the sealing of such records has been amended. Title XLVII, Chapter 943, Section 943.059, as amended by Ch. 295 (S.B. 2986), L. 2004, effective June 10. ¶10-23,602.02.

Access to Personnel Files Law
The public records exemption for certain information on employees of hospitals and some surgical centers was revised, and the provision itself was saved from repeal under the Open Government Sunset Review Act, effective October 1, 2004 (Ch. 2004-43 (S. 464), L. 2004, at FL ¶10-8500).

GeorgiaTop of Page
No Updates as of July 30, 2004
HawaiiTop of Page
Fair Employment Practices Act
Provisions pertaining to employer inquiries into conviction records has been amended. Title 21, Chapter 378, Part I, Section 378-2.5, as amended by Act 79 (S.B. 1362), L. 2004, effective May 18, 2004. ¶12-20,025.025.

Criminal Background Checks Law
Public and private employers are prohibited from discriminating against individuals based on arrest and court records. Title 21, Chapter 378, Part I, Section 378-2.5, as amended by Act 79 (S.B. 1362), L. 2004, effective May 18, 2004. ¶12-23,600.53.

Criminal Background Checks Law
The Hawaii criminal justice data center is responsible for the collection, storage, dissemination, and analysis of all pertinent criminal justice data. Division 5, Title 38, Chapter 846, Section, 846-2.7, as amended by Act 79 (S.B. 1362), L. 2004, effective May 18, 2004. ¶12-23,601.03.

Family, Medical and Parental Leaves Law
Effective July 9, 2004, government employees in Hawaii shall be limited to two hours of paid leave during normal business hours to attend parent-teacher/caregiver conferences. Under previous law, the statutory language allowed for "at least" two hours of leave for this purpose (H. 1780, L. 2003, at HI ¶12-7000).

Preemployment Inquiries Law
Criminal history record checks may be conducted by the Department of Health on prospective employees, providers or subcontractors in direct contact with clients (not just children and adolescents) when providing nonwitnessed direct mental health services, effective May 18, 2004 (Act 79 (S.1362), L. 2004, at HI ¶12-9000).

School Visitation Leave Law
Government employees in Hawaii shall be limited to two hours of paid leave during normal business hours to attend parent-teacher/caregiver conferences. Under previous law, the statutory language allowed for "at least" two hours of leave for this purpose. Title 7, Chapter 78, Section 78-31, as amended by H.B. 1780, L. 2003, effective July 9, 2004. ¶12-22,550.01.

IdahoTop of Page
Criminal Background Checks Law
All applicants to the state board of nursing for original licensure or reinstatement are required to submit to a fingerprint-based criminal history check. Title 54, Chapter 14, Section 54-1401, as amended by Ch. 268 (H.B. 694), L. 2004, effective July 1, 2004. ¶13-23,600.55.
IllinoisTop of Page
No Updates as of July 30, 2004
IndianaTop of Page
Unemployment Insurance Law
Rate information has been updated (IN ¶15-1700).
IowaTop of Page
No Updates as of July 30, 2004
KansasTop of Page
Health Insurance Benefit Coverage Law
The state's health insurance laws have been amended with respect to mental health parity and social security number use (H. 2549, L. 2003, at KS ¶17-4000).
KentuckyTop of Page
No Updates as of July 30, 2004
LouisianaTop of Page
Criminal Background Checks Law
Provisions pertaining to the employment of unlicensed and licensed ambulance personnel by certain health care employers have been amended. Title 40, Chapter 5, Section 1300.51 as amended by Act 299 (S.B. 140), L. 2004, effective June 18, 2004. ¶19-22,600.31

Criminal Background Checks Law
The Louisiana Bureau of Criminal Identification and Information is responsible for disseminating criminal history information in the state. Title 15, Chapter 6, Section 587, as amended by Act 911 (S.B. 14), L. 2004, effective Aug. 15, 2004. ¶19-23,601.51.

Child Labor Law
Louisiana has enacted a law revising work hour restrictions for minors in employment. Effective August 15, 2004, a minor who is 17 years old and who has not graduated from high school cannot work between the hours of 12:00 a.m. and 5:00 a.m. prior to the start of a school day. A minor 16 years of age who has not graduated from high school cannot work between the hours of 11:00 p.m. and 5:00 a.m. prior to the start of a school day. Any minor who is under the age of 16 cannot work between the hours of 7:00 p.m. and 7:00 a.m. prior to the start of any school day or between the hours of 9:00 p.m. and 7:00 a.m. on any day. Minors who are employed in the dairy industry are exempt from these provisions. Also, any minor who has taken and passed a General Education Development test (GED) and who has been awarded a high school Equivalency Diploma from the Louisiana Department of Education is considered to have graduated from high school. Employment of minors is subject to the provisions of a local curfew ordinance (Act 524 (H.B. 691), L. 2004, at LA ¶19-1500).

Drug Testing Law
The state has amended its drug testing law with respect to labs, procedures and standards. Also, references to the National Institute on Drug Abuse have been changed to the Substance Abuse and Mental Health Services Administration (Act 901 (H. 1701), L. 2004, at LA ¶19-8600).

Health Insurance Benefit Coverage Law
Louisiana has enacted a law revising work hour restrictions for minors in employment. Effective August 15, 2004, a minor who is 17 years old and who has not graduated from high school cannot work between the hours of 12:00 a.m. and 5:00 a.m. prior to the start of a school day. A minor 16 years of age who has not graduated from high school cannot work between the hours of 11:00 p.m. and 5:00 a.m. prior to the start of a school day. Any minor who is under the age of 16 cannot work between the hours of 7:00 p.m. and 7:00 a.m. prior to the start of any school day or between the hours of 9:00 p.m. and 7:00 a.m. on any day. Minors who are employed in the dairy industry are exempt from these provisions. Also, any minor who has taken and passed a General Education Development test (GED) and who has been awarded a high school Equivalency Diploma from the Louisiana Department of Education is considered to have graduated from high school. Employment of minors is subject to the provisions of a local curfew ordinance (Act 524 (H.B. 691), L. 2004).

Health Insurance Benefit Coverage Law
The state has amended its health insurance law to provide that childhood immunizations shall not be subject to any deductible (Act 431 (H. 1211), L. 2004, at LA ¶19-4000).
Additionally, the law has been amended with respect to standards relating to benefits for mothers and newborns (Act 269 (H. 986), L. 2004, at LA ¶19-4000).
The state has also enacted a law authorizing health insurers and HMOs to offer flexible health benefits policies, contracts and agreements without state health insurance mandates or certain other requirements (Act 799 (S. 334), L. 2004, at LA ¶19-4000).

Military and Emergency Services Leave Law
Louisiana has enacted a law requiring employers of first responders to homeland security emergencies to maintain the employment, pay rate levels, pensions and benefits for those first responders. The new law took effect June 18, 2004 (Act 316 (S. 692), L. 2004, at LA ¶19-7200).

Preemployment Inquiries Law
The state has amended its background checks law with respect to ambulance personnel (Act 662 (S. 535), L. 2004, at LA ¶19-9000) and those who work with the infirm (Act 299 (S. 140), L. 2004, at LA ¶19-9000).

Wage Payment Law
The state has amended its wage payment law with respect to notice by employers, exempt employees, posting requirements and penalties (Act 601 (S. 37), L. 2004, at LA ¶19-1200).

MaineTop of Page
No Updates as of July 30, 2004
MarylandTop of Page
Minimum Wage Law
Montgomery County's living wage rate has been adjusted to $10.75 per hour (MD ¶21-1000).

Preemployment Inquiries Law
Effective October 1, 2004, certain employees of Prince George's County may be subject to a criminal background check (Ch. 364 (H. 678), L. 2004, at MD ¶21-9000).

MassachusettsTop of Page
Recordkeeping/Posters Law
The state's unemployment insurance poster has been updated (MA ¶22-9900).

Smoking in the Workplace Law
Effective July 5, 2004, smoking in Massachusetts workplaces is banned (Ch. 137 (H. 4256), L. 2003, at                     MA ¶22-2700).

Wage Payment Law
The state has amended its wage payment law to protect certain tipped employees, effective September 8, 2004 (Ch. 125 (H. 4431), L. 2003, at MA ¶22-1200).

MichiganTop of Page
Minimum Wage Law
The living wage rate for Ingham County for 2004 is $11.79 (MI ¶23-1000).
MinnesotaTop of Page
No Updates as of July 30, 2004
MississippiTop of Page
Religious Discrimination Law
The state has enacted the Mississippi Health Care Rights of Conscience Act, which provides that health care providers, institutions or payers shall not be required to participate in a health care service that violates his or her conscience. Discrimination is specifically prohibited (S. 2619, L. 2004, at MS ¶25-2900).

Health Care Rights of Conscience Act
It shall be unlawful for any person, public or private institution or public official to discriminate against any employer because the employer declines to pay for or arrange for the payment of any health care service that violates its conscience. The relevant law is to be codified in the Mississippi Code Annotated and reads as enacted by S.B. 2619, L. 2004, Sections 1 through 7, effective July 1, 2004.

MissouriTop of Page
Unemployment Insurance Law
Rate information has been updated (MO ¶26-1700).
MontanaTop of Page
No Updates as of July 30, 2004
NebraskaTop of Page
No Updates as of July 30, 2004
NevadaTop of Page
Recordkeeping/Posters Law
The state's job safety and health poster (English version) has been updated (NV ¶29-9900).
New HampshireTop of Page
No Updates as of July 30, 2004
New JerseyTop of Page
Fair Employment Practices Law
The Patient Safety Act, a new law aimed at minimizing the occurrence of medical errors by improving health care delivery systems, provides that materials received by the Departments of Health and Human Services under the law may not be used to make an adverse employment decision about a health care professional, although it does not prevent disciplinary action against the individual when recklessness, gross negligence or willful misconduct is involved (Ch. 9 (S. 557), L. 2004, at NJ ¶31-2500).
New MexicoTop of Page
No Updates as of July 30, 2004
New YorkTop of Page
Unemployment Insurance Law
Rate information has been updated (NY ¶33-1700).
North CarolinaTop of Page
Minimum Wage Law
The County of Durham has enacted a living wage ordinance, effective July 1,
2004 (NC ¶34-1000).
North DakotaTop of Page
Discrimination in State Employment Rules
Topic added. Discrimination in state employment on the basis of race, color, religion, sex, national origin, age, the presence of any mental or physical disability, status with respect to marriage or public assistance, is prohibited. Title 4, Chapter 4-07-20.2, Sections 4-07-20.2-01 through 4-07-20.2-07, as amended effective July 1, 2004. ¶35-20,075.01  through ¶35-20,075.07.

Family Leave Rules-State Employees
Sick leave rules for state classified employees that provide for the use of such leave to attend to the health needs of family members have been amended. Title 4, Chapter 4-07-13, Section 4-07-13-01, as amended effective July 1, 2004. ¶35-22,500.01.

OhioTop of Page
No Updates as of July 30, 2004
OklahomaTop of Page
No Updates as of July 30, 2004
OregonTop of Page
Unemployment Insurance Law
Rate information has been updated (OR ¶38-1700).
PennsylvaniaTop of Page
No Updates as of July 30, 2004
Puerto RicoTop of Page
No Updates as of July 30, 2004
Rhode IslandTop of Page
Discrimination Against Smokers Law
No employer can require an employee as a condition of employment or continued employment to refrain from smoking, unless the employer is a nonprofit organization with one of its primary purposes or objectives being to discourage the use of tobacco products by the general public. Title 23, Chapter 20.10, Section 23-20.10-14, as enacted by Ch. 198 (S.B. 2029), and Ch. 209 (H.B. 8392), L. 2004, effective March 1, 2005. ¶41-21,350.02.

Criminal Background Checks Law
Employees of child care facilities and youth serving agencies are required to undergo a criminal background check as a condition of employment. Title 40, Chapter 40-13.2, Section 40-13.2-5, as amended by Ch. 118 (S.B. 2636), L. 2004, effective June 16, 2004. ¶41-23,600.63.

Military and Emergency Services Leave Law
The state has amended its law with respect to the rights of public employees entering military service to maintain their health care benefits (Ch. 395 (S. 2489), L. 2003, at RI ¶41-7200).

Smoking in the Workplace Law
Effective March 1, 2005, smoking will be prohibited in all enclosed public places as well as in all enclosed facilities within places of employment (Ch. 04-198 (S. 2029), L. 2003, at RI ¶41-2700).

Fair Employment Practices Act
The provision pertaining to a decree for enforcement of commission's order has been amended. Title 28, Chapter 5, Section 28-5-36, as amended by S.B. 2347, L. 2004, effective July 5, 2004. ¶41-20,025.36.

South CarolinaTop of Page
Preemployment Inquiries Law
The state's background check law has been amended with respect to direct caregivers in nursing homes and other specified facilities providing care to adults (H. 3987, L. 2003, at SC ¶42-9000).
South DakotaTop of Page
Human Relations Act
Provisions pertaining to the confidentiality of investigative materials and civil actions in lieu of hearing have been amended. Title 20, Chapter 20-13, Sections 20-13-32.2 and 20-13-35.1, as amended by Ch. 14 (S.B. 80), L. 2004, effective July 1, 2004. ¶43-20,025.322 and ¶43-20,025.351.

Fair Employment Practices Law
Provisions pertaining to the confidentiality of investigative materials and civil actions in lieu of hearing have been amended (Ch. 14 (S. 80), L. 2004, at SD ¶43-2500).

TennesseeTop of Page
Equal Pay Law
The Equal Pay Remedies and Enforcement Act went into effect June 7, 2004. Expanded penalty provisions for violations of the state's equal pay law are now in place. Title 50, Chapter 2, Section 50-2-204, as amended by Ch. 822 (H.B. 189), L. 2003, effective June 7, 2004. Para ¶44-23,100.04.

Discrimination in Public Contracts
Topic added. State and local governments shall contract for goods and services without discrimination against religious organizations or discrimination based on race, age, color, sex, or national origin. Title 12, Chapter 4, Part 1, Section 12-4-121, as enacted by Ch. 806 (S.B. 2594), L. 2003, effective June 3, 2004. ¶44-23,300.01.

Criminal Background Checks Law
As a condition for employment of any licensed EMT and EMT-P, or such certificates and authorizations as shall be issued for other EMS personnel, employers shall be allowed to initiate a criminal background check on any person applying for employment. Title 68, Chapter 140, Part 5, Section 68-140-525, as enacted by Ch. 873 (H.B. 2700), L. 2004, effective June 7, 2004. ¶44-23,601.15.

Criminal Background Checks Law
After providing the Tennessee Bureau of Investigation with all known identifying information, persons in the private sector and noncriminal justice agencies may be provided criminal history information upon tender of fees and in the manner prescribed by rule of the Tennessee Bureau of Investigation. Title 38, Chapter 6, Section 38-6-120, as enacted by Ch. 553 (S.B. 3280), L. 2004, effective April 22, 2004. ¶44-23,601.26.

Preemployment Inquiries Law
The state has added background check requirements for certain emergency services personnel (Ch. 873 (H. 2700), L. 2003.)

TexasTop of Page
Commission on Human Rights Law
The Commission on Human Rights law establishes the organization and administration of the Commission. However, the powers and duties exercised by the Commission on Human Rights were transferred to the Texas Workforce Commission civil rights division. Title 4, Subtitle B, Chapter 301, Subchapter 1, Sections 301.151 through 301.156, as enacted by Ch. 302 (H.B. 2933), L. 2003, effective Sept. 1, 2003. ¶45-20,040.151  through ¶45-20,040.156.
UtahTop of Page
No Updates as of July 30, 2004
VermontTop of Page
No Updates as of July 30, 2004
VirginiaTop of Page
Meal and Rest Periods Law
The state enacted a law repealing an exception to its day of rest laws that was favorable to certain industries and businesses. The law, which was to have taken effect July 1, 2004, would have allowed most employees in the state to choose a day of rest of either Sunday or Saturday. On July 2, 2004, however, a judge granted the request of a group of businesses for a 90-day preliminary injunction of the law. On July 13, 2004, the Virginia General Assembly met in a special session and passed, and Governor Mark R. Warner signed, S. 6002, L. 2004, officially restoring the exceptions to Virginia's day of rest laws (Ch. 608 (S. 659) and S. 6002, L. 2004, at  VA  ¶48-1400).
WashingtonTop of Page
Health Insurance Benefit Coverage Law
The state has enacted a law that will restrict the usage of social security numbers by health insurers. The law will take effect after December 31, 2005 (S. 6494, L. 2003, at WA ¶49-4000).
West VirginiaTop of Page
No Updates as of July 30, 2004
WisconsinTop of Page
No Updates as of July 30, 2004
WyomingTop of Page
No Updates as of July 30, 2004

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