• 28 Sep 2021 7:57 AM | Lexie Larson (Administrator)

    Act 2021-372 Passage

    Act 2021-372.pdf

  • 27 Aug 2021 12:34 PM | Lexie Larson (Administrator)

    ALDOT

    August 27, 2021 Transportation Letting 

    As Read Bids

    The Asphalt Indexes for the Month of August 2021: 

    ACI - $2.21

    EAI- $2.44

    The Construction Fuel Index for the Month of August 2021: 

    $2.11

  • 8 Jul 2021 7:57 AM | Lexie Larson (Administrator)

    Construction Material Costs Survey


    Much has been written about the incredible price increases in some construction materials over the past year including steel, lumber, resins, etc. This has not just been an Alabama problem, but one affecting our industry nationwide.  

    In an attempt to get a better understanding of the impact to certain segments of industry, particularly bridge builders, guardrail, stripers etc., the Alabama Road Builders Association would like to ask anyone in the industry - members and non-members - that you send us:

    1.  A brief explanation of any losses sustained due to price increases; and

    2.  Total amount of losses due to the difference from quote to purchase of material for any job awarded since November 2020 to June 2021 here in Alabama.

    Quantifying the impact will help us better explain the issue to industry and non-industry parties alike to paint a clearer picture of both the problem and the actual impacts.  There is no need to include your business name.  We are looking for an industry-wide number.

    Please email Tom Layfield with your responses and questions regarding this survey.

  • 20 May 2021 8:29 AM | Lexie Larson (Administrator)

    NSSGA Applauds Senate Introduction of The ROCKS Act

    ALEXANDRIA, VA – The National Stone, Sand & Gravel Association (NSSGA) Vice President, Government & Regulatory Affairs Michele Stanley issued the following statement after Sens. Mark Kelly (AZ) and Rob Portman (OH) introduced the Rebuilding Our Communities by Keeping aggregates Sustainable (ROCKS) Act. This Senate companion to H.R. 611 helps to build off of NSSGA’s work of gathering cosponsors in the House bill.

    “We want to applaud Sen. Mark Kelly (AZ) and Sen. Rob Portman (OH) for introducing the Rebuilding Our Communities by Keeping Aggregates Sustainable (ROCKS) Act. We are grateful of their leadership to advance this bipartisan legislation, that promotes sustainable access to needed construction materials, which will improve the lives of all Americans.

    “Aggregates are the second most utilized product in the world and are the bedrock in the creation of buildings, roads, airports and bridges. They are indispensable in developing the infrastructure needed to access to clean water, deliver reliable energy and advance environmental stewardship. It is imperative that all communities have access to these essential resources as we work together to improve our outdated infrastructure. Sustainable, local access to aggregate materials improves construction costs, extends taxpayer dollars, reduces congestion and leads to better environmental outcomes.

    “We urge all Senators to cosponsor this critical legislation that demonstrates the importance of crushed stone, sand and gravel as essential for local communities.”

  • 18 May 2021 12:12 PM | Lexie Larson (Administrator)

    ARBA FINAL LEGISLATIVE REPORT 2021- Regular Session

    SAVE THE DATE

    2021 ARBA Convention - July 18-21
    Omni Homestead - Hot Springs, VA.  
    The contract is being finalized and registration material will be out this week.  Please make plans to join President Jeff Webb for this outstanding trip.


    The 2021 Regular Session has adjourned Sine Die

    The Alabama Legislature finished up their work on the 2021 Regular Session late last night.  Among the many issues that were addressed included final passage of the conference committee report of the General Fund budget in the House. Chairman Steve Clause (R-Ozark) took it up early and walked the members through the changes, which included some $900,000 in additional funds from what had passed the senate earlier this session putting this year's budget at a record setting $2.4 billion.  I recall when the General Fund budget passed the $1 billion mark during my tenure with Governor Fob James back in 1997.  Much of the increase in expense can still be traced to three sources: Corrections, Medicaid, and healthcare expenses for state employees.  Some things never change including the fact that the legislature could not figure out how to pass a lottery or gambling bill… again!

    ARBA BILLS - While we did not pass the very important changes to our contractor liability law, we had a very successful session making this quadrennium one of the most successful in ARBA history.

    Sales Tax Exemption PASSES — SB 99 by Sen. Tom Whatley (R-Auburn)/ HB 340 by Rep. David Faulkner (R-Birmingham) - This bill restores the sales tax exemption on materials to ALDOT projects saving millions.

    Work Zone Safety PASSES - SB 4 by Sen. Allen (R-Tuscaloosa) was approved by the house  and sent to the governor for her signature.  This bill lumps all moving violations into one statute that raises the penalty for violations when workers are present to the greater of $250 or double the fine.  

    The bill, however, was returned with an executive amendment to make a technical correction caused by the passage of an expungement bill - SB 117, which put Alabama in violation of a 
    Federal Motor Carrier Safety Administration rule.  They informed ALEA that passage of SB117, now Act 2021-286, put Alabama in violation of 49 CFR 384.226 that addresses masking of violations of those with a commercial drivers license.  The penalty for this is 4% of federal funds the first year and up to 8% any subsequent years.  According to 49 CFR 384.401, this would hit all Federal-aid highway funds including ALDOT's, not just ALEA.  Our bill was used simply as a vehicle to correct this issue because there was not enough time in the session to introduce a new bill and our subject matter was sufficient to attach the language.

    Indemnity  PASSES- SB 220 by Sen. Scofield (R-Guntersville) prohibits private parties to a road and bridge contract from requiring indemnification for their own errors and omissions.  Thanks to our bill sponsors - Rep. McMillan (R-Bay Minette) and Sen. Scofield (R-Guntersville).

    Contractor Liability WILL NOT PASS SB 248 by Sen. Scofield (R-Guntersville) - It was anticipated that passing a bill this contentious was going to be a challenge and it proved to be true.  I think the best takeaway is that the legislature and leadership have a much more keen understanding this issue and have pledged to keep pursuing common ground.  Thank you to our bill sponsor, Senator Clay Scofield (R-Guntersville), for all his efforts on our behalf.   

  • 17 May 2021 11:57 AM | Lexie Larson (Administrator)

    ARBA LEGISLATIVE UPDATE 5-7-21

    The 2021 Regular Session is almost a wrap!

    And, one final legislative day remains before the Alabama Legislature adjourns the 2021 Regular Session for good.

    This week, the House floor focused almost exclusively on the medical marijuana bill.  And while it may not have been discussed very much on the floor, the comprehensive gaming/lottery legislation was also a hot topic for the house.  As the House engaged in filibusters, the Senate gave final passage to several important pieces of legislation including bills supported by the Alabama Innovation Commission.  Outside of chambers, the group of legislators charged with overseeing the drafting of redistricting maps held its first meeting and adopted its framework for the process.
     
    Medical Marijuana - While Senate Bill 46, legislation sponsored by Sen. Tim Melson (R-Florence) that legalized cannabis use for certain medicinal purposes, passed the Senate in February, it wasn’t until this week that the bill finally made its way to the House floor.  In a rare move, the legislation had been referred by Speaker McCutcheon to two House committees, Health and Judiciary, each of which made numerous changes to the Senate-passed version of the bill.  So, when Rep. Mike Ball (R-Huntsville) stepped to the podium Tuesday afternoon, opponents to the legislation were able to use these committee changes to lengthen what would have already been a long debate to 9 long hours of discussion.  This forced the house to adjourn and take up the bill on Thursday morning.  If signed into law, Senate Bill 46 would make Alabama the 37th state to legalize medical marijuana in some form.  Rather than being smoked or vaped, Melson’s bill would only allow for cannabis doses to be prescribed in tasteless pill form and only for certain medical purposes.
     
    Gambling - The House has yet to pass either a constitutional amendment allowing citizens to vote on approving a lottery or the ever-important enabling legislation that would be triggered in the event the amendment was ratified.  With that, things look doubtful.  A group of conservative Republicans is staunchly opposed to the bill, meaning support from House Democrats would be crucial for the bill to pass.  Yet, the Democrats report that they have been largely left out of behind-the-scenes negotiations over the bill, chilling their support.  There are also significant disagreements over how existing gaming sites would be treated, the level of influence the Poarch Band of Creek Indians have, and how gaming revenue would be distributed.  Next week’s legislative break might provide opponents and proponents with a perfect opportunity to hammer out these differences, but those chances seem slimmer than ever to anyone who watched yesterday’s House floor debate.
     
    Innovation Bills - The Alabama Senate gave final passage to two bills recommended by the newly created Alabama Innovation Commission.  The first, House Bill 540 by Rep. Bill Poole (R-Tuscaloosa), establishes the Alabama Innovation Corporation, a public-private partnership promoting entrepreneurship, rural businesses, research and development, and advanced technology skills.  The second, House Bill 609 by Rep. Jeremy Gray (D-Opelika), creates the Innovate Alabama Matching Grant Program, which will provide matching funds to federal Small Business Innovation Research and Small Business Technology Transfer Research awardees.
     
    Reapportionment - The US Census Bureau recently announced that Alabama would retain all 7 of its current seats in the US House of Representatives, but that county- and city-specific Census data may not be available for a few more months.  That information is vital to legislatures such as Alabama’s because it forms the basis for drawing the boundary lines for congressional, state House, state Senate, and state Board of Education seats.  The committee charged with overseeing this process, the Joint Reapportionment Committee, held its first meeting of the year this week to begin discussing the framework by which the redistricting maps would be crafted.  Led by Rep. Chris Pringle (R-Mobile) and Sen. Jim McClendon (R-Springville), the most significant change in the latest guidelines, according to one report, relates to population deviation between districts. During the last redistricting process, map makers endeavored to draw state legislative districts within 1% of the same population totals. This year they will allow for a 5% deviation.  The committee plans to host a series of public meetings around the state to allow for citizen input.  Redistricting maps require legislative approval, which usually is achieved during a special session devoted to the topic. 
     
    Stats - Through 29 of a possible 30 legislative days, representatives and senators have introduced 1,047 bills – 648 in the House and 405 in the Senate – and 421 resolutions.  As of this writing, 390 of these measures have been enacted into law.  The session will end on May 17.  Unless they are called into a special session beforehand, Legislators will subsequently return to Montgomery on Jan. 11, 2022, for next year’s regular session.

    ARBA BILLS - While we did not pass the very important changes to our contractor liability law, we had a very successful session making this quadrennium one of the most successful in our history.

    Sales Tax Exemption PASSES — SB 99 by Sen. Tom Whatley (R-Auburn)/ HB 340 by Rep. David Faulkner (R-Birmingham) - This bill will return the sales tax exemption on materials to ALDOT projects saving millions in costs.


    Work Zone Safety bill PASSES - SB 4 by Sen. Allen (R-Tuscaloosa) was approved by the house  and has gone to the governor for her signature.  This bill lumps all moving violations into one statute that raises the penalty for violations when workers are present to the greater of $250 or double the fine.  

    The bill, however, will be returned with an executive amendment to make a technical correction caused by the passage of an expungement bill - SB 117.  
    This is needed because the Federal Motor Carrier Safety Administration informed ALEA that passage of SB117, now Act 2021-286, put Alabama in violation of 49 CFR 384.226 that addresses masking of violations of those with a commercial drivers license.  The penalty for this is 4% of FHWA funds the first year and up to 8% any subsequent years.  According to 49 CFR 384.401, this would hit all Federal-aid highway funds including ALDOT's, not just ALEA.  Our bill is is being used as the vehicle to correct this issue because there is not enough time in the session to introduce a new bill and our subject matter was sufficient to attach the language.

    INDEMNITY - SB 220 by Sen. Scofield (R-Guntersville) HAS BEEN SIGNED BY THE GOVERNOR- This bill prohibits private parties to a road and bridge contract from requiring indemnification for their own errors and omissions.  Thanks to our bill sponsors - Rep. McMillan (R-Bay Minette) and Sen. Scofield (R-Guntersville).

    Contractor Liability bill WILL NOT PASS SB 248 by Sen. Scofield (R-Guntersville) - It was anticipated that passing a bill this contentious was going to be a challenge and it proved to be true.  I think the best takeaway is that the legislature and leadership have a much more keen understanding this issue and have pledged to keep pursuing common ground.  Thank you to our bill sponsor, Senator Clay Scofield (R-Guntersville), for all his efforts on our behalf.   


    Other bills of interest

    Maximum Vehicle Width - HB 600 by Rep. Smith (R-Billingsly) - This bill would provide for a uniform vehicle width of 102". 

    Driving in Left Lane - HB 505 by Rep. Phillip Pettus (R-Killen) - Dept. of Transportation required to post signs giving notice of restrictions against driving vehicle in leftmost lane.  This bill has passed the house.

    Local Gas Tax - SB 281 by Sen. Shelnutt (R-Trussville)/ HB 556 by Rep. Sells (R-Greenville) - This bill would require a city or county that increases local gas tax to use it on roads and bridges or hold a referendum to use it another way.  It also limits the number of years it may be pledged for debt.  This bill was approved by a senate committee over the objection of the League of Municipalities.

    Surface Mining Commission - HB 582 by Rep. Connie Rowe (R-Jasper) - this bill would move their monthly meeting requirement to every two months.

    Professional Services for Design Contracts - HB 587 by Rep. Chip Brown (R-Mobile) / SB 261 by Sen. Clyde Chambliss (R-Prattville) - These bills deal with indemnification and other contractual issues for design engineers.  It appears the vertical construction world has been satisfied though the senate bill has not been given a chance for debate by the full senate.  The house bill was just introduced this week.
  • 17 May 2021 8:00 AM | Lexie Larson (Administrator)

    ARBA Legislative Update 4-30-21

    Budgets - Both chambers moved the state's two budgets closer to passage this week.  The Senate Finance & Taxation General Fund Committee approved a $2.48 billion General Fund budget.  The House passed a $7.67 billion Education Trust Fund budget that must go to conference to work out differences with the senate.

    The legislature has just three days remaining with them planning to meet two days next week and then the final day on May 17th.

    Medical marijuana, lottery/gambling and the budgets are the remaining big-ticket items to be addressed this year.

    ARBA BILLS
    Sales Tax Exemption
     PASSES — SB 99 by Sen. Tom Whatley (R-Auburn)/ HB 340 by Rep. David Faulkner (R-Birmingham) - This bill will return the sales tax exemption on materials to ALDOT projects saving millions in costs.

    Work Zone Safety bill PASSES - SB 4 by Sen. Allen (R-Tuscaloosa) was approved by the house  and has gone to the governor for her signature.  This bill lumps all moving violations into one statute that raises the penalty for violations when workers are present to the greater of $250 or double the fine.  

    The bill, however, will be returned with an executive amendment to make a technical correction caused by the passage of an expungement bill - SB 117.  
    This is needed because the Federal Motor Carrier Safety Administration informed ALEA that passage of SB117, now Act 2021-286, put Alabama in violation of 49 CFR 384.226 that addresses masking of violations of those with a commercial drivers license.  The penalty for this is 4% of FHWA funds the first year and up to 8% any subsequent years.  According to 49 CFR 384.401, this would hit all Federal-aid highway funds including ALDOT's, not just ALEA.  Our bill is is being used as the vehicle to correct this issue because there is not enough time in the session to introduce a new bill and our subject matter was sufficient to attach the language.

    INDEMNITY - SB 220 by Sen. Scofield (R-Guntersville) HAS BEEN SIGNED BY THE GOVERNOR- This bill prohibits private parties to a road and bridge contract from requiring indemnification for their own errors and omissions.  Thanks to our bill sponsors - Rep. McMillan (R-Bay Minette) and Sen. Scofield (R-Guntersville).

    Contractor Liability bill WILL NOT PASS SB 248 by Sen. Scofield (R-Guntersville) - It was anticipated that passing a bill this contentious was going to be a challenge and it proved to be true.  I think the best takeaway is that the legislature and leadership have a much more keen understanding this issue and have pledged to keep pursuing common ground.  Thank you to our bill sponsor, Senator Clay Scofield (R-Guntersville), for all his efforts on our behalf.   


    Other bills of interest

    Maximum Vehicle Width - HB 600 by Rep. Smith (R-Billingsly) - This bill would provide for a uniform vehicle width of 102". 

    Driving in Left Lane - HB 505 by Rep. Phillip Pettus (R-Killen) - Dept. of Transportation required to post signs giving notice of restrictions against driving vehicle in leftmost lane.  This bill has passed the house.

    Local Gas Tax - SB 281 by Sen. Shelnutt (R-Trussville)/ HB 556 by Rep. Sells (R-Greenville) - This bill would require a city or county that increases local gas tax to use it on roads and bridges or hold a referendum to use it another way.  It also limits the number of years it may be pledged for debt.  This bill was approved by a senate committee over the objection of the League of Municipalities.

    Surface Mining Commission - HB 582 by Rep. Connie Rowe (R-Jasper) - this bill would move their monthly meeting requirement to every two months.

    Professional Services for Design Contracts - HB 587 by Rep. Chip Brown (R-Mobile) / SB 261 by Sen. Clyde Chambliss (R-Prattville) - These bills deal with indemnification and other contractual issues for design engineers.  It appears the vertical construction world has been satisfied though the senate bill has not been given a chance for debate by the full senate.  The house bill was just introduced this week.
  • 17 May 2021 7:30 AM | Lexie Larson (Administrator)

    ARBA Legislative Update 4-23-21

    The legislature has completed 25 of 30 legislative days leaving just five days for us to get two of our four bills to the governor for her signature.  The legislature has still not passed the budgets, which is what is taking precedent now.  


    The House Ways and Means Committee on Education approved a version of the Education Trust Fund Budget Thursday that is about $3 million less than the about $3 million less than the Senate- passed version, for a grand total of $7.670 billion for the 2021-2022 fiscal year.  This is a $452 million increase over the current year and would be the largest education budget in Alabama history.  It provides a 2% raise for education employees from K-12 to two-year colleges and invests in a new incentive pay program to bolster math and science in K-12.  The education budget is scheduled for floor consideration in the House on Tuesday. 
     
    The state’s other main operating budget, the $2.474 billion General Fund, is pending in the Senate Finance and Taxation Committee on the General Fund and should move this coming week.

    ARBA bills:  SB 4 by Sen. Allen (R-Tuscaloosa) was on the house agenda yesterday, but they adjourned before taking action on it.  HB 340, the sales tax exemption, was approved by a senate committee this week and awaits action by the full senate.  SB 220 by Sen. Scofield on indemnity was signed by the governor on Tuesday and becomes effective immediately.  Contractor liability will not pass this year.


    Sales Tax Exemption clears Senate Finance & Taxation Education Committee — SB 99 by Sen. Tom Whatley (R-Auburn)/ HB 340 by Rep. David Faulkner (R-Birmingham) - This bill will return the sales tax exemption on materials to ALDOT projects.  Final passage in the senate could come as soon as Tuesday.

    INDEMNITY - SB 220 by Sen. Scofield (R-Guntersville) HAS BEEN SIGNED BY THE GOVERNOR- This bill would prohibit private parties to a road and bridge contract from requiring someone to indemnify another for their own errors and omissions.  Thanks to our bill sponsors - Rep. McMillan (R-Bay Minette) and Sen. Scofield.

    Contractor Liability bill WILL NOT PASS SB 248 by Sen. Scofield (R-Guntersville) - It was anticipated that passing a bill this contentious was going to be a challenge and it proved to be true.  I think the best takeaway is that the legislature and leadership have a much more keen understanding of issues that we face and have pledged to keep pursuing common ground.  Thank you to our bill sponsor, Senator Clay Scofield (R-Guntersville), for all his efforts on our behalf.   


    Work Zone Safety - HB 245 by Rep. Lynn Greer (R-Rogersville) / SB 4 by Sen. Gerald Allen (R-Tuscaloosa) — This bill increases the penalty for any moving violation in a work zone with workers present to the greater of $250 or double the fine.  HB 245 was approved by the House Transportation Committee and awaits final passage in the senate..  SB 4 has passed the senate and awaits final passage by the house.


    Other bills of interest
    Maximum Vehicle Width - HB 600 by Rep. Smith (R-Billingsly) - This bill would provide for a uniform vehicle width of 102". 

    Driving in Left Lane - HB 505 by Rep. Phillip Pettus (R-Killen) - Dept. of Transportation required to post signs giving notice of restrictions against driving vehicle in leftmost lane.  This bill has passed the house.

    Local Gas Tax - SB 281 by Sen. Shelnutt (R-Trussville)/ HB 556 by Rep. Sells (R-Greenville) - This bill would require a city or county that increases local gas tax to use it on roads and bridges or hold a referendum to use it another way.  It also limits the number of years it may be pledged for debt.  This bill was approved by a senate committee over the objection of the League of Municipalities.

    Surface Mining Commission - HB 582 by Rep. Connie Rowe (R-Jasper) - this bill would move their monthly meeting requirement to every two months.

    Professional Services for Design Contracts - HB 587 by Rep. Chip Brown (R-Mobile) / SB 261 by Sen. Clyde Chambliss (R-Prattville) - These bills deal with indemnification and other contractual issues for design engineers.  It appears the vertical construction world has been satisfied though the senate bill has not been given a chance for debate by the full senate.  The house bill was just introduced this week.
  • 13 Apr 2021 9:36 AM | Lexie Larson (Administrator)

    **Construction material costs** - With steel having increased nearly 140% in 2021, we need to hear from you on the inflation impact of steel and other construction materials.  Please email Tom Layfield with examples of construction material issues you are experiencing.

    LOTTERY — The two-bill state lottery package by Sen. Jim McClendon (R—Springville) dominated the Senate on Wednesday.  After lengthy and occasionally contentious floor debate, the Senate passed SB 320 to establish the Alabama Lottery Commission, direct the majority of proceeds to the Education Trust Fund for scholarships and other programs and phase out the state sales tax on groceries.  SB320 is dependent on SB319, which sets up a statewide referendum on the lottery question. The Senate adopted the Senate Tourism and Marketing Committee’s substitute to SB 319 but did not vote final passage due to concerns that the votes were not there to pass it. SB319 is currently carried over to the call of the chair.


    ELECTION REFORMS — With much national attention on Georgia election reform bill, here is a list of the election bills here in Alabama:

    • Last-minute changes to election law would be prohibited under HB 388 by Rep. Jim Carns (R—Birmingham). Subject to a statewide referendum, Carns’ bill, which passed the House Wednesday, would prevent changes to state election law within six months of a general election. The companion bill – SB326 by Sen. Dan Roberts (R—Birmingham) – passed the Senate Thursday.

    • In the six months before an election, the governor could not change how the election is conducted by executive order, with certain exceptions, according to HB351 by Rep. Arnold Mooney (R—Birmingham). The House Constitution, Campaigns and Elections Committee gave it a favorable report as substituted on Wednesday.

    • If HB 528 by Rep. Allen Farley (R—McCalla) becomes law, relatives of the probate judge, sheriff or circuit clerk could not serve on the appointing board in some situations, and individuals could not serve as absentee election manager if they or a relative are in a contested race. The bill received a favorable report Wednesday from the House Constitution, Campaigns and Elections Committee.

    • Poll watchers would be prohibited from assisting an individual with voting if HB575 by Rep. Mike Holmes (R—Wetumpka) becomes law. The measure received a favorable report Wednesday from the House Constitution, Campaigns and Elections Committee.

    •  After Alabamians cast record numbers of absentee ballots in 2020, HB538 by Rep. Alan Baker (R—Brewton) would revise the timeline for requesting a ballot and other rules related to absentee ballots. The Senate Fiscal Responsibility and Economic Development Committee voted unanimously to give it a favorable report on Wednesday.

    • Campaign finance filings would all be electronic and would be consolidated in the secretary of state’s office under HB 154 by Rep. Andy Whitt (R—Harvest), which received a favorable report this week from the Senate Fiscal Responsibility and Economic Development Committee.

    • A curbside voting ban received a favorable report from the Senate Governmental Affairs Committee this week.  HB285 is by Rep. Wes Allen (R—Troy).  

    • Payment for proof of voting would be illegal under HB70 by Rep. Jamie Kiel (R—Russellville), which has a pending committee amendment.  The bill is scheduled floor consideration in the House on Tuesday.  

  • 13 Apr 2021 9:33 AM | Lexie Larson (Administrator)

    SB 248by Sen. Scofield (R-Guntersville) - ACTION ALERT  We may very well get this bill on the senate floor next week meaning we will need an all-out effort from members contacting their senator.

    The bill makes the following changes to the law:

    1. Removes language that a contractor should have known compliance with the plans would create a dangerous condition
    2. Removes language that a contractor should have known that compliance with the contract would create a dangerous condiiton
    3. Removes the duty to report a dangerous condition to ALDOT
    4. Adds the Acceptance Doctrine, which was the result of the Weaver v. Balch case in 2013 that ruled a contractor is not liable after ALDOT accepts the work as being complete and assumes maintenance of the road.
    5. We will look at adding a provision on impaired/reckless drivers similar to the Tennessee law.
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