Institute for Legislative Analysis

Phillip Chen

This bill establishes the "Electric Bicycle Incentive Project" to provide vouchers to income-eligible individuals to purchase e-bikes at certain retailers. Oppose is the Limited Government Position as not only do measures such as this provide competitive advantages to government-favored companies, and further hike taxpayer costs, but also disincentivize advancement and grow government dependency by expanding the welfare state.

Growing Government Dependency by Providing Electric Bicycle Vouchers to Certain Individuals Based on Income.

This bill prohibits most health insurance plans, except for a specialized health care service plan contract, from requiring any cost sharing for abortion, such as a deductible, coinsurance, or copayment. The bill also applies to Medi-Cal, the state's Medicaid program. Oppose is the Limited Government Position as each and every health insurance mandate or price control on co-payments prevents an individual from selecting a plan with just basic or customized coverages to fit their specific needs. As a result, health insurers are forced to only offer costly plans loaded with coverages that most individuals do not need. This can result in lower-income or younger individuals choosing to purchase no insurance plan at all due to the high cost.

Increasing Health Insurance Premiums by Mandating Policies Provide Abortion Services Without any Co-Pay or Deductible.

The "Fast Food Accountability and Standards Recovery Act" or "FAST Recovery Act," establishes a 10 member fast food council made up of appointees by the Governor, Speaker of the Assembly and Senate rules committee. The council would have power to set minimum wages, working hours and various other labor standards and regulations.  Oppose is the Limited Government Position as this bill provides far overreaching powers to a group of individuals who are not accountable to voters. Additionally, the bill drives up consumer costs by subjecting business to unreasonable demands by labor unions.

Subjecting Restaurants to Unreasonable Labor Union Demands through the Creation of an Unaccountable "Fast Food Council" to Impose Regulations.

The "Climate Corporate Accountability Act" establishes mandatory reporting of greenhouse (GHG) emissions for large businesses in California. The bill requires companies to report both their direct and indirect emissions as well as publicize their targets and measures to reduce emissions., Oppose is the Limited Government Position as not only does this bill drive up costs by forcing companies to track their GHG emissions, but such publication may expose certain companies to harassment. Stringent cuts in GHG emissions ultimately drive up consumer costs, and harm the competitiveness of the state's business sector.

Further Driving Up Business Costs by Mandatory Reporting of Greenhouse Gas Emissions by Corporations

The "Buy American Food Act" places more stringent domestic procurement requirements on California public schools and universities concerning their agricultural food purchases. Previous law required institutions to procure only domestically grown and processed foods unless the cost was greater than 5% of the non-domestic alternative. This bill now requires the non-domestic alternative to be at least 25% more costly, which is estimated to cost taxpayers an additional $1.9 billion. Oppose is the Limited Government Position as this bill is largely designed to enrich California agricultural producers and labor unions, while unnecessarily punishing taxpayers who will be forced to bear the higher costs. The bill also directly violates the limited government principles of free trade and markets.

Increasing Taxpayer Costs by Worsening Protectionist Agricultural Procurement Mandates Placed on Schools and Universities.

The "Contraceptive Equity Act of 2022" requires all health insurance policies offered in the state to provide coverage for vasectomies and over-the-counter contraceptive drugs, devices and products. All of these services and products must be provided without any deductible or cost-sharing requirement. Additionally, the bill adds "reproductive healthcare decisions" to the California Fair Employment and Housing Act, thus prohibiting employers from taking any discriminatory actions. Oppose is the Limited Government Position as each and every health insurance mandate or price control on co-payments prevents an individual from selecting a plan with just basic or customized coverages to fit their specific needs. As a result, health insurers are forced to only offer costly plans loaded with coverages that most individuals do not need. This can result in lower-income or younger individuals choosing to purchase no insurance plan at all due to the high cost.

Increasing Health Insurance Premiums by Mandating All Policies Cover Vasectomies and Contraceptives at No Cost.

This bill is largely in response to the U.S. Supreme Court decision in New York State Rifle & Pistol Association, Inc. v. Bruen, which found the use of arbitrary "may issue" standards for concealed carry licenses to be unconstitutional. Under the bill, "gun free zones" are significantly expanded - including all private businesses by default unless they post a sign saying it is permitted. Additionally, concealed carry training requirements and costs are increased, among a number of other provisions. Oppose is the Limited Government Position as James Madison and our nation's other founding fathers understood that the right to keep and bear arms is a crucial individual liberty and protects the citizenry against a tyrannical government. This measure serves to undermine the Supreme Court's decision and limits the ability of law-abiding individuals to defend themselves from criminals.

Infringing Second Amendment Rights and Defying the Supreme Court Ruling through New "Gun Free" Zones and Concealed Carry Law Changes.

This bill prohibits construction of any new oil or gas wells within 3,200 feet of a "sensitive receptor" which includes everything from homes, schools, hospitals, and businesses. Additionally, the bill requires existing wells in those areas to comply with additional light, sound and environmental regulations. Oppose is the Limited Government Position as this bill will significantly reduce oil and gas extraction in the state, ultimately harming American energy production and the U.S. economy.

Limiting American Energy Production Through New Draconian Restrictions on Oil and Gas Well Placement.

The "Platform Accountability and Transparency Act" requires social media to publicly disclose how their algorithms push information. This includes statistics on items of content that violated their platform policies and were recommended or amplified through their algorithms.  According to the bill's sponsor, the measure is needed to bring transparency to medical disinformation, such as during the COVID-19 pandemic. Oppose is the Limited Government Position as this government overreach into the private sector places significant financial and regulatory costs onto the tech industry, which is ultimately passed down to consumers.  Except in cases of fraud or criminal activity, industries are best governed through free market principles whereby consumers hold private companies accountable.

Expanding the Regulatory State by Placing Costly New Reporting Mandates on Social Media Companies Concerning Content Policy Violations

This bill requires the California Health and Human Services Agency to establish a website providing various abortion related information.  Such information includes the locations of abortion providers, available practical support services like airfare, lodging, meals, etc., and payment support resources. Oppose is the Limited Government Position as it is not the role of government to promote abortion and force payment from taxpayers to advance abortion (many of whom may have strong religious objections). All abortions are tragedies and every child deserves the right to life.

Promoting Abortion through the Creation of a State Website to Provide Information on Abortion Providers and How to Obtain Support Services Such as Airfare, Meals and Lodging.

The "Gun Violence Prevention, Healing, and Recovery Act" enacts an additional 3.75% sale tax on firearms and ammunition sold in the state. As a result, purchasers of firearms and ammunition may face a sales tax rate of over 25% when factoring in the state tax (11%), local taxes (up to 3.5%) and the federal tax (11%). This taxation also does not include the amount passed onto consumers through the $37.19 fee placed on firearm dealers plus other taxes. Oppose is the Limited Government Position as James Madison and our nation's other founding fathers understood that the right to keep and bear arms is a crucial individual liberty and protects the citizenry against a tyrannical government. This measure serves to punish law-abiding individuals who wish to exercise their Second Amendment rights through outrageous levels of taxation.

Attacking Second Amendment Rights through Additional Taxes on Firearms and Ammunition - Resulting in a 25% Sales Tax Rate.

This bill requires all new charter schools to participate in either the state's Teachers' Retirement System (CalSTRS) or the Public Employees' Retirement System (CalPERS) as opposed to offering their own 401k style plans.  This change would subject charter schools to additional regulations and costs. Oppose is the Limited Government Position as this new mandate harms school choice by making it more costly to operate a charter school. This bill is primarily designed to help bail out the state pension system as California has some of the highest unfunded pension liabilities in the country.

Threatening School Choice by Forcing Charter Schools to Participate in Costly State Retirement Programs.

This bill authorizes the State Air Resources Board every three years to review and increase the stringency of the state's cap-and-trade program for greenhouse gases. Oppose is the Limited Government Position as the state's cap-and-trade program already places enormous unnecessary costs on businesses. This measure will further worsen the situation by allowing unaccountable government employees within ARB to inflict even greater harm to the state's business climate.

Threatening Businesses with Higher Costs by Increasing the Stringency of the State's Cap-and-Trade Program.

The "Firearm Industry Responsibility Act" prohibits a firearm manufacture from manufacturing or marketing a product that is "abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety in California". Additionally, the bill allows individuals to sue a manufacturer for any actions or failure by their distributors to comply with state law if the individual suffers damages from the misuse of a firearm. Oppose is the Limited Government Position as James Madison and our nation's other founding fathers understood that the right to keep and bear arms is a crucial individual liberty and protects the citizenry against a tyrannical government. This measure is primarily designed to drive firearm manufacturers out of business through an attempt to advance a gun-control agenda.

Attempting to Force Firearm Manufacturers Out of Business by Exposing them to Frivolous and Costly Litigation.

The "Middle Class Housing Act of 2022" allows residential housing development on property zoned for commercial use if a project meets certain conditions, including meeting prevailing wage and "skilled and trained workforce" requirements. The bill is intended to override some local zoning regulations which forbid developers from constructing such mixed-use development. Support is the Limited Government Position as while the bill does contain a couple negative provisions that cave to union labor demands, the bill serves as a step in the right direction by combatting overreaching local zoning regulations, thus strengthening property rights.

Strengthening Property Rights by Permitting Residential Housing Development on Commercially Zoned Property Under Certain Conditions.

This bill prohibits any warehouse or logistic building greater than 100,000 square feet from being constructed within 1,000 feet of a "sensitive receptor". The bill defines a sensitive receptor as any home, apartment, school, church, hospital, daycare, community center or public playground. Oppose is the Limited Government Position as not only does this bill infringe property and development rights, but it also hikes consumer costs by preventing distribution facilities, such as Amazon, from being centrally located in the communities they serve. This resulting urban sprawl leads to longer delivery times and an unnecessary negative environmental impact.

Hindering Economic Growth and Infringing Property Rights through Restrictions on New Logistic Center and Warehouse Construction.

This bill expands the state's "Gun Violence Restraining Order" (GVRO) or "red flag" law to expand the category of persons who may petition a court to issue an order. Specifically, roommates, dating partners and those with "substantial and regular interactions" may now seek to have a firearm immediately taken away from another person through an "ex-parte" (one-sided) petition to a court if the individual alleges the person in possession of the firearm is in danger to themselves or others. Oppose is the Limited Government Position as the one-sided petition violates due process under the law (an individual can't provide their defense) and this program lacks provisions that prevent nefarious individuals from abusing the system to harass or harm law-abiding individuals, thus unduly infringing their Second Amendment protections and leaving them defenseless.

Further Expanding Firearm Seizures Without Due Process Through the "Gun Violence Restraining Order".

This bill establishes the "Excluded Workers Pilot Program" which provides illegal immigrants with up to 20 weeks of unemployment benefits, at an amount of $300 per week. The bill is estimated to cost state taxpayers $237 million to build out and over $215 million in annual benefit payouts. Oppose is the Limited Government Position as providing individuals who entered the country unlawfully to taxpayer funded welfare benefits merely incentivizes additional illegal immigration. While reforms are needed to the U.S. immigration system to increase the number of skilled individuals who may enter and work in our country, measures such as this undermine reform efforts and plunge taxpayers into further debt.

Forcing Taxpayers to Spend Hundreds of Millions Annually to Provide Unemployment Benefits to Illegal Immigrants.

The "Small Business Procurement and Contract Act" establishes a 25% small business target for infrastructure contracts issued through the $14 billion the state received under the Federal Infrastructure Investment and Jobs Act. Oppose is the Limited Government Position as all government contracting and procurement decisions should be based strictly on factors relating to cost and quality. Contracting quotas and mandates such as this bill merely restrict competition and unnecessarily drive-up taxpayer costs, while also potentially reducing project quality and timeliness.

Hiking Taxpayer Costs through an Additional Small Business Procurement Mandate for Infrastructure Projects.

The "California Antihunger Response Act of 2022" creates a new state program in which able-bodied adults without dependents (ABAWD) are provided food stamp benefits despite not complying with the work requirements of CalFresh which are set by the federal government. The cost to create the new system (not accounting for benefit payouts) is estimated to cost $100 million. Oppose is the Limited Government Position as this bill is intended to circumvent the federal work requirements implemented in the mid-1990s to help encourage able-bodied individuals to find employment and regain self-reliance. This bill places an unnecessary cost onto taxpayers while discouraging work-ready adults to become self-sufficient.

Spending $100 Million to Bypass a Critical Federal Welfare Integrity Measure and Provide Food Stamps to Work-Ready Adults who Refuse to Comply with Work Requirements.

This bill prohibits online retailers from utilizing single-use plastic envelopes, cushioning, bubble wrap, or polystyrene to ship products to consumers. Oppose is the Limited Government Position as not only will this bill significantly drive up consumer product costs but also increase the likelihood of damage during the shipping process. imposes additional government restrictions on businesses and drives up prices in favor of an environmental agenda.

Increasing Consumer Costs and Shipping Damage by Banning Online Retailers from Utilizing Single-Use Plastic Envelopes, Bubble Wrap and Styrofoam.

This bill requires the California Air Resource Board (CARB) to adopt much more stringent reductions in Greenhouse Gas (GHG) emissions. Under the bill, the state's GHG emissions must be reduced at least 55% (previously 40%) below 1990 levels by 2030. Oppose is the Limited Government Position as this stringent mandate will have dire consequences on economic and business growth, which will ultimately be felt by consumers nationwide through higher product prices.

Placing Enormous New Costs on Businesses and Consumers by Mandating a 55% (Previously 40%) Reduction in Greenhouse Gas Emissions by 2030.

This bill declares that physicians and surgeons commit "unprofessional conduct" if they "disseminate misinformation" related to COVID-19, including false or misleading information regarding the nature and risks of the virus, its prevention and treatment; and the development, safety, and effectiveness of COVID-19 vaccines". Oppose is the Limited Government Position as this politicized measure promotes government censorship and prevents physicians from best serving their patients - which is especially problematic considering the everchanging guidelines and determinations being made by the government concerning COVID-19.

Allowing the State Medical Board to Punish Doctors for Spreading Alleged "Misinformation" about COVID-19.

This bill establishes the California Reproductive Health Equity Program, which provides no cost or reduced cost abortion services to women earning up to 400% of the federal poverty level. Additionally, the bill requires health insurers which provide plans without abortion coverage to religious employers, to provide written notice to those enrollees that they may be eligible for no cost abortions through the state program. Oppose is the Limited Government Position as regardless of ones view on abortion, it is not the role of government to provide such coverage and force the costs onto taxpayers, many of whom have deep religious objections to the practice.

Providing "Free" Abortions to Women Earning up to 400% of the Federal Poverty Level.

This bill requires pharmacists to complete at least one hour of continuing education in a "cultural competency course" every two years. The course must focus on individuals who identify as LGBTQ+ and must also "contain elements demonstrating how sexual identity is directly impacted through intersectionality." Oppose is the Limited Government Position as this bill is largely designed to enrich entities and individuals who provide such "cultural competency services". Instead of this politically-motivated government mandate, pharmacists should be free to select the trainings which will provide them the greatest value and information to serve their patients.

Forcing Pharmacists to Undergo an Hour "Cultural Competency" Course Every 2 Years Focused on LGBTQ+ Individuals.

This bill establishes the "Birthing Justice for California Families Pilot Project", which funds community-based doula groups to provide services to individuals who are otherwise not eligible under the state's Medicaid system. Oppose is the Limited Government Position as this measure further increases government dependency under a state system that already provides benefits to a substantial portion of the population through Medi-Cal. Lawmakers should instead work to reduce barriers for charitable organizations to direct aid and assistance to those that truly need it, not expand the ineffective welfare state.

Forcing Taxpayers to Fund Additional Doula Services Through the Creation of the "Birthing Justice for California Families Pilot Project".

This bill requires local agencies which permit groundwater wells to obtain written verification stating a proposed well will not "undermine sustainable groundwater management or cause well interference". This additional statewide mandate is expected to significantly raise costs for well applicants and potentially limit the ability of some landowners to utilize the groundwater beneath their property. Oppose is the Limited Government Position as well drilling is already regulated at the local level and this additional state-wide regulatory barrier places significant costs onto businesses and may provide favor to certain landowners while infringing the property rights of others.

Weakening Property Rights by Placing Costly and Excessive Regulatory Barriers to Drill New Groundwater Wells.

This bill requires county and regional transportation agencies to prioritize transportation projects based on adherence to Sustainable Communities Strategies (SCS) and the state's climate goals. Additionally, the agencies are prohibited from funding any project that is determined to be inconsistent with the most recent SCS or climate goal by the Air Resource Board. Oppose is the Limited Government Position as this bill will result in greater traffic and commute times for Californians by hindering infrastructure expansion while also unnecessarily driving up transportation project costs for taxpayers.

Harming the Transportation Sector by Basing Infrastructure Funding and Prioritization on Advancing Climate Goals.

This bill requires the Department of Toxic Substances Control to construct a publicly accessible platform were manufactures must annually register products that contain perfluoroalkyl and polyfluoroalkyl substances (PFAS). There are over 9,000 PFAS in existence which are in hundreds of common household products such as nonstick cookware, furniture, raincoats and shampoo.  Oppose is the Limited Government Position as the federal government already monitors PFAS substances and this measure will place significant additional costs on taxpayers, manufacturers, and ultimately consumers.

Advancing Government Overreach through a Costly New Reporting and Registration System for Products Containing PFAS Substances.

The "Digital Financial Assets Law" creates a new licensing and regulatory framework for digital financial assets under the Department of Financial Protection and Innovation. A range of products including cryptocurrencies, virtual currencies and electronic precious metals would now be subject to state regulation. Oppose is the Limited Government Position as the federal government is already attempting to regulate these products, and there is a serious risk that regulations imposed at any level government could threaten innovation within this industry. It is critical to protect this industry from overregulation as bitcoin and other cryptocurrencies play a crucial role as a safeguard against the reckless policies of the Federal Reserve.

Threatening Innovation by Imposing a New Licensing Regime on a Range of Digital and Crypto Financial Assets.

This bill establishes the "California Coordinated Neighborhood and Community Services Grant Program" which provides state grants to certain organizations in federal "Promise Neighborhoods". Many of these groups have politically-motivated agendas, such as bill sponsor "StriveTogether" which promotes on its website how its network member led the passage of a ballot measure which hiked property taxes in Colorado to increase school funding. Oppose is the Limited Government Position as taxpayer funds should not be utilized to advance political initiatives. The private sector (through charitable endeavors) is best equipped to direct funding to the groups and initiatives which are most needed and beneficial to communities.

Expanding Cronyism and Unnecessary Spending by Providing Grants to Government-Favored Community Groups with Politically Driven Agendas.

Beginning in 2025, this bill requires thermoform plastic containers (such as "clamshell" trays for take-out food, plastic egg cartons, bakers trays, etc.) to contain at least 20-30% recycled content.  The bill also imposes penalties on producers for non-compliance. Oppose is the Limited Government Position as this bill serves as yet the latest mandate which infringes business and consumer choice for food packaging and unnecessarily drives up cost. The state's two largest cities have already imposed bans on Styrofoam food containers.

Hiking Consumer Costs by Imposing Recycled Content Mandates for a Wide Range of Common Consumer Plastic Containers.

This bill repeals the requirement that the state preserve all applications for mail ballots for 22 months following the date of federal elections, and 6 months from the date of state and local elections. Additionally, election officials are now required to also send a "second ballot" via mail to a "voter representative" upon written request by a voter. Oppose is the Limited Government Position as this bill promotes ballot harvesting as well as weakens safeguards to prevent voter fraud.   Such safeguards against fraud are critical to ensuring free and fair elections, an essential component of democracy under our nation's constitutional republic.

Weakening Election Integrity by Ending the Preservation of Vote by Mail Applications and Expanding Recipients of "Second" Mailed Ballots.

This bill requires consultation of the "California Healthy Places Index" when determining freeway expansion projects. According to the sponsor, the bill is designed to end "systemic racism" resulting from freeway expansion projects in low-income communities of color. Oppose is the Limited Government Position as this politicized measure will merely increase travel and commute times across the state, while further driving up taxpayer costs and delays in critical infrastructure projects.

Blocking Infrastructure and Freeway Expansions to Prevent "Racist Roadways".

Beginning in 2027, this bill authorizes "human composting," an alternative to burial or cremation in which human remains naturally decompose over a 30-45 day period and are turned into a soil. The human composted soil can then be kept by the deceased's family or donated to conservation land. Support is the Limited Government Position as while entities fearing competition such as Catholic cemeteries heavily lobbied against this bill, individuals should be free to determine the final disposition of their remains.

Strengthening Individual Liberties by Permitting "Human Composting" as an Alternative to Burial and Cremation

This bill requires all health insurance policies, including Medicaid, offered in the state to provide coverage for biomarker testing to diagnose, treat, manage, or monitor a person's disease or condition "if the test is supported by medical and scientific evidence." Oppose is the Limited Government Position as each and every health insurance mandate or price control on co-payments prevents an individual from selecting a plan with just basic or customized coverages to fit their specific needs. As a result, health insurers are forced to only offer costly plans loaded with coverages that most individuals do not need. This can result in lower-income or younger individuals choosing to purchase no insurance plan at all due to the high cost.

Increasing Health Insurance Premiums by Mandating All Policies Provide Coverage for Biomarker Testing

This bill prohibits any person or business from charging a different price for two "substantially similar" items based on the gender of the individuals for whom the items are marketed and intended. Oppose is the Limited Government Position as free market competition - not a government price control - is the best mechanism to ensure consumers receive the highest quality goods at the lowest prices. This measure merely serves as a new tool to enrich greedy plaintiffs' attorneys through the advancement of frivolous litigation surrounding the so-called "pink tax".

Imposing Government Price Controls on Consumer Products to Prohibit the So-called "Pink Tax".

This bill bans the use of carbon dioxide fluid (collected through carbon capture technologies) from being utilized in oil extraction. This fluid serves as a helpful solvent in promoting oil flow. Oppose is the Limited Government Position as this bill serves as yet another unnecessary barrier towards American energy production, ultimately harming the entire U.S. economy through higher energy costs.

Hindering Energy Production through a Prohibition on "Concentrated Carbon Dioxide Fluid" for Oil Extraction.

This bill imposes a series of new restrictions on the governing practices of Home Owners Associations (HOAs) and other planned communities.  For example, the bill places new regulations on HOAs concerning the ability of owners to rent their units as well as how issues are discussed on social media platforms. Oppose is the Limited Government Position as it is not the role of government to dictate the private contractual agreements and operations of HOAs. HOAs serve as free-market alternatives to government zoning and land use standards, as individuals can choose the restrictiveness of the community they wish to join or select to live on property outside the governance of an HOA.

Infringing Private Contracting Rights through Government Overreach into the Governance Practices of Private Condominium Associations

This bill requires all publicly serving businesses to provide individuals with an "eligible medical condition" (such as inflammatory bowel disease) access to their toilet facilities. The access must be provided even if the toilet facility is otherwise only available to employees, and a business can be fined $100 for each case of non-compliance. Oppose is the Limited Government Position as lawmakers should not further grow the regulatory state and impose mandates on private businesses to account for the near endless list of medical conditions that individuals may face. Such one-size-fits all mandates may also result in abuse of business restrooms - especially when considering California's extremely high homeless rates.

Forcing Private Businesses to Grant Access to Employee Restrooms for Individuals with an "Eligible Medical Condition".

This bill extends the duration of postpartum coverage provided under Medicaid (government-provided healthcare) from 60 days to 1 year. Oppose is the Limited Government Position as this bill further grows government-provided healthcare and dependency while also placing significant additional costs on both state and federal taxpayers.

Increasing Government Dependency by Expanding Medicaid Postpartum Coverage from 60 Days to an Entire Year.

This bill replaces the partial sales tax exemption for manufacturing equipment and research and development with a full sales tax exemption through 2028. This exemption covers items such as machinery, computers and special purpose buildings used for manufacturing or research and development. Oppose is the Limited Government Position as all state and local tax codes should be constructed in a broadly applied manner with as low of rates as possible for everyone. The central planning and tax cronyism enacted under this measure provides special benefits and advantages to the manufacturing industry while shifting tax burdens to all other industries and companies that do not share the same business model. Instead, lawmakers should instead utilize the $500 million in tax savings to provide a broad tax cut across all industries, which will allow the free market to provide far greater job and business growth.

Increasing Tax Burdens on Other Individuals and Businesses through an Expansion of Sales Tax Exemptions for Research and Development and the Manufacturing Sector.

This bill expands the application of the state's prevailing wage mandate to include hauling of materials to and from a publicly-funded construction site, such as paving, grading and fill. The prevailing wage originates from the Davis-Bacon Act a depression-era policy that forces government contractors to pay their employees above-market wages when working public works projects. Oppose is the Limited Government Position as prevailing wage mandates needlessly drive-up taxpayer costs by imposing significant additional costs onto government contractors.

Phillip Chen

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