CCC Unit Cap and BOG Fee Waiver Reform (Amends ECS 76300 and adds ECS 76305) SEC. 37. 76300. (a) The governing board of each community college district shall charge each student a fee pursuant to this section. (b) (1) The fee prescribed by this section shall be forty-six dollars ($46) per unit per semester, effective with the summerterm of the 2012 calendar year. (2) The board of governors shall proportionately adjust the amount ofthe fee forterm lengths based upon a quarter system, and also shall proportionately adjust the amount ofthe fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the board of governors may round the per unit fee and the per term or per session fee to the nearest dollar. (c) For the purposes of computing apportionments to community college districts pursuant to Section 84750.5, the board of governors shall subtract, from the total revenue owed to each district, 98 percent of the revenues received by districts from charging a fee pursuant to this section. (d) The board of governors shall reduce apportionments by up to 10 percent to any district that does not collect the fees prescribed by this section. (e) The fee requirement does not apply to any ofthe following: (1) Students enrolled in the noncredit courses designated by Section 84757. (2) California State University or University of California students enrolled in remedial classes provided by a community college district on a campus of the University of California or a campus of the California State University, for whom the district claims an attendance apportionment pursuant to an agreement between the district and the California State University or the University of California. (3) Students enrolled in credit contract education courses pursuant to Section 78021, if the entire cost of the course, including administrative costs, is paid by the public or private agency, corporation, or association with which the district is contracting and if these students are not included in the calculation of the full-time equivalent students (FTES) of that district. (f) The governing board of a community college district may exempt special part-time students admitted pursuant to Section 76001 from the fee requirement. (g) (1) The fee requirements of this section shall be waived for any student who meets all of the following requirements: (A) Meets minimum academic and progress standards adopted by the board of governors, which fulfill the requirements outlined in this paragraph and paragraphs (2) to (5), inclusive. Any minimum academic and progress standards adopted pursuant to this section shall be uniform across all community college districts and campuses. These standards shall not include a maximum unit cap, and community college districts and colleges shall not impose requirements for fee waiver eligibility other than the minimum academic and progress standards adopted by the board of governors and the requirements of subparagraph (B). (B) Meets one of the following criteria: 41 (i) At the time of enrollment, is a recipient of benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program. (ii) Demonstrates eligibility according to income ctandardc cctabliehed by rcgulation of the board of governorc total family income in the prior year equal to or less than 150 percent of the United States Department of Health and Human Services Poverty Guidelines for a family ofthat size. Family income shall be calculated in accordance with the methodology set forth in federal law for determining if the student is independent or dependent. (iii) Demonstrates financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid. (C) Eligibility for subdivisions (B)(i) and (B)(ii) shall be determined by utilizing the Free Application for Federal Student Aid, or a California Dream Act Application, whichever applies. (2) (A) The board of governors, in consultation with students, faculty, and other key stakeholders, shall consider all of the following in the development and adoption of minimum academic and progress standards pursuant to subparagraph (A) of paragraph (1): (i) Minimum uniform academic and progress standards that do not unfairly disadvantage financially needy students in pursuing their education. (ii) Criteria for reviewing extenuating circumstances and granting appeals that, at a minimum, take into account and do not penalize a student for circumstances outside his or her control, such as reductions in student support services or changes to the economic situation of the student. (iii) A process for reestablishing fee waiver eligibility that provides a student with a reasonable opportunity to continue or resume his or her enrollment at a community college. (B) To ensure that students are not unfairly impacted by the requirements of subparagraph (A) of paragraph (1), the board of governors shall establish a reasonable implementation period that commences no sooner than one year from adoption of the minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1) and that is phased in to provide students adequate notification of this requirement and information about available support resources. (3) It is the intent of the Legislature that minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, or socioeconomic status. The board of governors shall consider the ability of community college districts to meet the requirements ofthis paragraph before adopting minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1). 42 (4) It is the intent of the Legislature to ensure that a student shall not lose fee waiver eligibility without a community college campus first demonstrating a reasonable effort to provide a studentwith adequate notification and assistance in maintaining his or herfee waiver eligibility. The board of governors shall adopt regulations to implement this paragraph that ensure all of the following: (A) Students are provided information about the available student support services to assistthem in maintaining fee waiver eligibility. (B) Community college district policies and course catalogs reflect the minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) and that appropriate notice is provided to students before the policies are put into effect. (C) A student does not lose fee waiver eligibility unless he or she has not met minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) for a period of no less than two consecutive academic terms. (5) The board ofgovernors shall provide notification of a proposed action to adopt regulations pursuant to this subdivision to the appropriate policy and fiscal committees of the Legislature in accordance with the requirements of paragraph (1) of subdivision (a) of Section 70901.5. This notification shall include, but not be limited to, all of the following: (A) The proposed minimum academic and progress standards and information detailing how the requirements of paragraphs (1) to (4), inclusive, have been or will be satisfied. (B) How many students may lose fee waiver eligibility by ethnicity, gender, disability, and, to the extent relevant data is available, by socioeconomic status. (C) The criteria for reviewing extenuating circumstances, granting appeals, and reestablishing fee waiver eligibility pursuant to paragraph (2). (h) The fee requirements of this section shall be waived for any student who, at the time of enrollment, is a dependent or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service ofthe state. Active service of the state,’ for the purposes ofthis subdivision, refers to a member ofthe California National Guard activated pursuant to Section 146 of the Military and Veterans Code. (i) The fee requirements ofthis section shall be waived for any student who is the surviving spouse orthe child, natural or adopted, of a deceased person who met all of the requirements of Section 68120. (j) The fee requirements of this section shall be waived for any student in an undergraduate program, including a student who has previously graduated from another undergraduate or graduate program, who is the dependent of any individual killed in the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon or the crash of United Airlines Flight 93 in southwestern Pennsylvania, ifthat dependent meets the financial need requirements set forth in Section 69432.7 forthe Cal Grant A Program and either ofthe following applies: 43 (I) The dependent was a resident of California on September 11, 2001. (2) The individual killed in the attacks was a resident of California on September 11, 2001. (k) A determination ofwhether a person is a resident of California on September 11, 2001, for purposes of subdivision (j) shall be based on the criteria set forth in Chapter 1 (commencing with Section 68000) of Part 41 of Division 5 for determining nonresident and resident tuition. (I) (1) “Dependent,” for purposes of subdivision (j), is a person who, because of his or her relationship to an individual killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, qualifies for compensation underthe federal September 11th Victim Compensation Fund of 2001 (Title IV (commencing with Section 401) of Public Law 107-42). (2) A dependent who is the surviving spouse of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers provided in this section until January 1, 2013. (3) A dependent who is the surviving child, natural or adopted, of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers under subdivision (j) until that person attains 30 years of age. (4) A dependent of an individual killed in the terrorist attacks of September 11, 2001, who is determined to be eligible by the California Victim Compensation and Government Claims Board, is also entitled to the waivers provided in this section until January 1, 2013. (m) (1) It is the intent of the Legislature that sufficient funds be provided to support the provision of a fee waiver for every student who demonstrates eligibility pursuant to subdivisions (g) to (j), inclusive. (2) From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to 2 percent of the fees waived pursuant to subdivisions (g) to (j), inclusive. From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to ninety-one cents ($0.91) per credit unit waived pursuant to subdivisions (g) to (j), inclusive. It is the intent of the Legislature that funds provided pursuant to this subdivision be used to support the determination of financial need and delivery of student financial aid services, on the basis of the number of students for whom fees are waived. It also is the intent of the Legislature that the funds provided pursuant to this subdivision directly offset mandated costs claimed by community college districts pursuant to Commission on State Mandates consolidated Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee Waivers). Funds allocated to a community college district for determination of financial need and delivery of student financial aid services shall supplement, and shall not supplant, the level offunds allocated for the administration of student financial aid programs during the 1992—93 fiscal year. (n) The board of governors shall adopt regulations implementing this section. 44 (o) This section shall become operative on May 1, 2012, only if subdivision (b) of Section 3.94 of the Budget Act of 2011 is operative. SEC. 38. 76305. (a) Beginning in the 2013-14 fiscal year, for courses that students enroll in that exceed the allowed unit cap of 90 units, students shall pay the nonresident tuition fee pursuant to Section 76140, on a per unit basis, for each unit of credit coursework above 90 units. (b) When calculating the number of units a student completes in the community college system, the board of governors shall exclude the following course units: (1) remedial courses; (2) advanced placement or international baccalaureate units that were obtained while in high school or another secondary school program; and (3) dual enroNment, college-level units obtained by the student priorto receiving a high school diploma. (c) The board of governors may orant a waiver on a case-by-case basis to students who exceed the allowed unit cap due to factors beyond his or her control, and allowthese students to continue to only pay the state-supported tuition fees. For students that are granted waivers, the community college districts are ineligible to receive apportionments pursuant to Sections 84320 and 84321 forthose classes. The guidelines and criteria for determining the eligibility of a waiver shall be adopted by the board ofgovernors. The criteria shall include, at minimum, an exception for courses and units that a student enrolled in because he or she was unable to registerfor courses that would earn credits toward his/her degree program requirements due to lack of access to these courses. It shall be left to the board ofgovernors to determine which course units a student may have accumulated due to his/her inability to enroll in required degree program coursework. (d) The colleges shall apply the nonresident tuition revenue specified in (a) toward the instructional costs ofthese courses. Any General Fund savings offset by these revenues should be used to provide additional courses that are in high demand at the colleges. (e) The board ofgovernors shall report annuallyto the Legislature, and the Department of Finance, beginning October 1, 2014, on the following information from the preceding academic year: (1) the number of studentswho exceeded the allowed unit cap specified in (a); (2) the number ofstudents who paid the nonresident student tuition fee pursuant to (a) and the number ofexcess units that these students completed; (3) the nonresident tuition revenue collected pursuant to (a): (4) howthe General Fund savings that were offset by the nonresident student tuition revenue pursuant to (d) were used, including how many additional courses were funded by these General Fund savings; and (5) the number of waivers that were granted pursuant to (C) and the criterion that was used to grant each type ofwaiver. The reporting requirement pursuantto this subsection shall become inoperative beginning with the 2024-25 fiscal year. Shift K-12 Apprenticeship Program to CCCs (amends ECS 79146 and 79148, and adds ECS 79149.1, 79149.2, 79149.3, 79149.4, 79149.5, 79149.6) SEC. 39. 79146. To the extent sufficient resources exist, the board of governors may establish internship training programs and actively support apprenticeship training programs in collaboration with the State Department of Education and the Division of 45 California Community Colleges 2013-14 Board of Governors Fee Waiver Application This is an application to have your ENROLLMENT FEES WAIVED. If you need money to help with books, supplies, food, rent, transportation and other costs, please complete a FREE APPLICATION FOR FEDERAL STUDENT AID (FAFSA) or the California Dream Application (for eligible AB 540 students) immediately. The FAFSA is available at www.fafsa.ed.gov and the Dream Application is available at http://www.csac.ca.gov/dream_act.asp. Contact the Financial Aid Office for more information. IMPLEMENTATION OF Assembly Bill 1899: Victims of Trafficking, Domestic Violence and other Serious Crimes AB 1899, chaptered in September of 2012, provides for a non-resident enrollment fee exemption for “Victims of trafficking, domestic violence and other serious crimes”. In addition, the legislation allows these students to apply for and, if eligible, receive financial aid from programs administered by public postsecondary institutions or the state of California. Finally, the legislation provides that enrollment fees shall be waived for these students who apply for and are eligible to receive Board of Governor enrollment fee waivers. This FEE WAIVER application is for California residents, eligible AB 540 students, and eligible AB 1899 students, as determined by the Admissions or Registrar’s Office. If you have not had your California residency or eligibility status determined by the Admissions or the Registrar, please see one of those offices to obtain the valid determination. Fee waiver eligibility cannot be determined until your status has been verified. Has the Admissions or Registrar's Office determined that you are a California resident? Yes No If no, has the Admissions or Registrar's Office determined that you are eligible for a non-resident tuition exemption as an AB 540 student? Yes No If no, has the Admissions or Registrar's Office determined that you are eligible for a non-resident tuition exemption granted as a result of your immigration status under Section 1101(a)(15)(T)(i) or (ii), or Section1101 (a)(15)(U)(i) or (ii), of Title 8 of the United States Code? Yes No Name: Student ID # Last First Middle Initial Email (if available): Telephone Number: (______) Home Address: Date of Birth: _______/_______/_________ Street City Zip Code IMPLEMENTATION OF THE CALIFORNIA DOMESTIC PARTNER RIGHTS AND RESPONSIBILITIES ACT The California Domestic Partner Rights and Responsibilities Act extends rights, benefits, responsibilities and obligations to individuals in domestic partnerships registered with the California Secretary of State under Section 297 of the Family Code. If you are in a Registered Domestic Partnership (RDP), you will be treated as an Independent married student to determine eligibility for this Enrollment Fee Waiver and will need to provide income and household information for your domestic partner. If you are a dependent student and your parent is in a Registered Domestic Partnership, you will be treated the same as a student with married parents and income and household information will be required for the parent’s domestic partner. Note: These provisions apply to state student financial aid ONLY, and not to federal student financial aid. Are you or your parent in a Registered Domestic Partnership with the California Secretary of State under Section 297 of the Family Code? (Answer “Yes” if you or your parent are separated from a Registered Domestic Partner but have NOT FILED a Notice of Termination of Domestic Partnership with the California Secretary of State’s Office.) Yes No If you answered “Yes” to the question above, treat the Registered Domestic Partner as a spouse. You are required to include your domestic partner’s income and household information or your parent’s domestic partner’s income and household information in Questions 4, 11, 12, 13, 14, 15, 16, 17. Student Marital Status Single Married Divorced Separated Widowed Registered Domestic Partnership DEPENDENCY STATUS The questions below will determine whether you are considered a Dependent student or Independent student for fee waiver eligibility and whether parental information is needed. If you answer “Yes” to ANY of the questions 1-10 below, you will be considered an INDEPENDENT student. If you answer “No” to all questions, you will be considered a Dependent student thereby reporting parental information and should continue with Question 11. 1. Were you born before January 1, 1990? Yes No 2. As of today, are you married or in a Registered Domestic Partnership (RDP)? (Answer "Yes" if you are separated but not divorced or have not filed a termination notice to dissolve partnership. Yes No 3. Are you a veteran of the U.S. Armed Forces or currently serving on active duty for purposes other than training? Yes No 4. Do you have children who will receive more than half of their support from you between July 1, 2013-June 30, 2014, or other dependents who live with you (other than your children or spouse/RDP) who receive more than half of their support from you, now and through June 30, 2014 Yes No 5. At any time since you turned age 13, were both your parents deceased, were you in foster care, or were you a dependent or ward of the court? Yes No 6. Are you or were you an emancipated minor as determined by a court in your state of legal residence? Yes No 7. Are you or were you in legal guardianship as determined by a court in your state of legal residence? Yes No 8. At any time on or after July 1, 2012, did your high school or school district homeless liaison determine that you were an unaccompanied youth who was homeless Yes No 9. At any time on or after July 1, 2012, did the director of an emergency shelter or transitional housing program funded by the U.S. Department of Housing and Urban Development determine that you were an unaccompanied youth who was homeless? Yes No 10. At any time on or after July 1, 2012, did the director of a runaway or homeless youth basic center or transitional living program determine that you were an unaccompanied youth who was homeless or were self-supporting and at risk of being homeless? Yes No If you answered "Yes" to any of the questions 1 - 10, you are considered an INDEPENDENT student for enrollment fee waiver purposes and must provide income and household information about yourself (and your spouse or RDP if applicable). Skip to Question #13. If you answered "No" to all questions 1 - 10, complete the following questions: 11. If your parent(s) or his/her RDP filed or will file a 2012 U.S. Income Tax Return, were you, or will you be claimed on their tax return as an exemption by either or both of your parents? Will Not FileYes No 12. Do you live with one or both of your parent(s) and/or his/her RDP? Yes No If you answered "No" to questions 1 - 10 and "Yes" to either question 11 or 12, you must provide income and household information about your PARENT(S)/RDP. Please answer questions for a DEPENDENT student in the sections that follow. If you answered "No" or "Parent(s) will not file" to question 11, and "No" to question 12, you are a dependent student for all student aid except this enrollment fee waiver. You may answer questions as an INDEPENDENT student on the rest of this application, but please try to get your PARENT information and file a FAFSA so you may be considered for other student aid. You cannot get other student aid without your parent(s’) information. METHOD A ENROLLMENT FEE WAIVER 13. Are you (the student ONLY) currently receiving monthly cash assistance for yourself or any dependents from: TANF/CalWORKs? Yes No SSI/SSP (Supplemental Security Income/State Supplemental Program)? Yes No General Assistance? Yes No 14. If you are a dependent student, are your parent(s)/RDP receiving monthly cash assistance from TANF/CalWORKs or SSI/SSP as a primary source of income? Yes No If you answered "Yes" to question 13 or 14 you are eligible for an ENROLLMENT FEE WAIVER. Sign the Certification at the end of this form. You are required to show current proof of benefits. Submit application and documentation to the financial aid office. METHOD B ENROLLMENT FEE WAIVER 15. DEPENDENT STUDENT: How many persons are in your parent(s)/RDP household? (Include yourself, your parent(s)/RDP, and anyone who lives with your parent(s)/RDP and receives more than 50% of their support from your parents/RDP, now and through June 30, 2014.) _________ 16. INDEPENDENT STUDENT: How many persons are in your household? (Include yourself, your spouse/RDP, and anyone who lives with you and receives more than 50% of their support from you, now and through June 30, 2014.) ___________ 17. 2012 Income Information DEPENDENT STUDENT: INDEPENDENT STUDENT: (Dependent students should not include their income PARENT(S)/ RDP STUDENT (& SPOUSE'S/ information for Q 17 a and b below.) INCOME ONLY RDP) INCOME a. Adjusted Gross Income (If 2012 U.S. Income Tax Return was filed, enter the amount from Form 1040, line 37; 1040A, line 21; 1040EZ, line 4). $ $ b. All other income (Include ALL money received in 2012 that is not included in line (a) above (such as disability, child support, military living allowance, Workman’s Compensation, untaxed pensions). $ $ TOTAL Income for 2012 (Sum of a + b) $ $ The Financial Aid Office will review your income and let you know if you qualify for an ENROLLMENT FEE WAIVER under Method B. Submit application and documentation to the financial aid office. If you do not qualify using Method A or Method B, you should file a FAFSA (for U.S. citizens or eligible non-citizens) or the California Dream Application (for undocumented AB 540 students). The FAFSA is available at www.fafsa.ed.gov and the Dream Application is available at http://www.csac.ca.gov/dream_act.asp . Contact the Financial Aid Office for more information. SPECIAL CLASSIFICATIONS ENROLLMENT FEE WAIVERS 18. Do you have certification from the CA Department of Veterans Affairs that you are eligible for a dependent's fee waiver? Submit certification. Yes No 19. Do you have certification from the National Guard Adjutant General that you are eligible for a dependent's fee waiver? Submit certification. Yes No 20. Are you eligible as a recipient of the Congressional Medal of Honor or as a child of a recipient? Submit documentation from the Department of Veterans Affairs. Yes No 21. Are you eligible as a dependent of a victim of the September 11, 2001, terrorist attack? Submit documentation from the CA Victim Compensation and Government Claims Board. Yes No 22. Are you eligible as a dependent of a deceased law enforcement/fire suppression personnel killed in the line of duty? Submit documentation from the public agency employer of record. Yes No If you answered "Yes" to any of the questions from 18-22, you are eligible for an ENROLLMENT FEE WAIVER and perhaps other fee waivers or adjustments. Sign the Certification below. Submit application and documentation to the financial aid office. Contact the Financial Aid Office if you have questions. CERTIFICATION FOR ALL APPLICANTS: READ THIS STATEMENT AND SIGN BELOW I hereby swear or affirm, under penalty of perjury, that all information on this form is true and complete to the best of my knowledge. If asked by an authorized official, I agree to provide proof of this information, which may include a copy of my and my spouse/registered domestic partner and/or my parent's/registered domestic partner’s 2012 U.S. Income Tax Return(s). I also realize that any false statement or failure to give proof when asked may be cause for the denial, reduction, withdrawal, and/or repayment of my waiver. I authorize release of information regarding this application between the college, the college district, and the Chancellor's Office of the California Community Colleges. I understand the following information (please check each box): Federal and state financial aid programs are available to help with college costs (including enrollment fees, books & supplies, transportation and room and board expenses). By completing the FAFSA or the California Dream Application, additional financial assistance may be available in the form of Cal Grants, Pell and other grants, work study and other aid. I may apply for and receive financial assistance if I am enrolled, either full time or part time, in an eligible program of study (certificate, associate degree or transfer). Financial aid program information and application assistance is available in the college financial aid office. Applicant’s Signature Date Parent Signature (Dependent Students Only) Date CALIFORNIA INFORMATION PRIVACY ACT State and federal laws protect an individual’s right to privacy regarding information pertaining to oneself. The California Information Practices Act of 1977 requires the following information be provided to financial aid applicants who are asked to supply information about themselves. The principal purpose for requesting information on this form is to determine your eligibility for financial aid. The Chancellor’s Office policy and the policy of the community college to which you are applying for aid authorize maintenance of this information. Failure to provide such information will delay and may even prevent your receipt of financial assistance. This form’s information may be transmitted to other state agencies and the federal government if required by law. Individuals have the right of access to records established from information furnished on this form as it pertains to them. The officials responsible for maintaining the information contained on this form are the financial aid administrators at the institutions to which you are applying for financial aid. The SSN may be used to verify your identity under record keeping systems established prior to January 1, 1975. If your college requires you to provide an SSN and you have questions, you should ask the financial aid officer at your college for further information. The Chancellor’s Office and the California community colleges, in compliance with federal and state laws, do not discriminate on the basis of race, religion, color, national origin, gender, age, disability, medical condition, sexual orientation, domestic partnership or any other legally protected basis. Inquiries regarding these policies may be directed to the financial aid office of the college to which you are applying. FOR OFFICE USE ONLY BOGFW-A BOGFW-B Special Classification RDP Student is not TANF/CalWORKs Veteran National Guard Student eligible Dependent GA Parent BOGFW-C Medal of Honor 9/11 Dependent SSI/SSP Dep. of deceased law enforcement/fire personnel Comments: Certified by: Date: Board of Governors Fee Waiver Program BOGFW-B 2013-2014 Income Standards* Family Size 2012 Income 1 $16,755 2 $22,695 3 $28,635 4 $34,575 5 $40,515 6 $46,455 7 $52,395 8 $58,335 Each Additional Family Member $ 5,940 * These standards are based upon the federal poverty guidelines, as published each year by the US Department of Health and Human Services. Under Title 5 of the California Code of Regulations, the student or student’s family must have a total income in the prior year (in this case, 2012) that is equal to or less than 150% of the U.S. Department of Health and Human Services Poverty Guidelines based on family size. The U.S. Department of Health and Human Services published the 2012 Poverty Guidelines in January 2012 (Federal Register, Vol. 77, No. 17, January 26, 2012, pp. 4034-4035). These income standards are for the 2013-2014 academic year and are to be used to determine BOGFW-B eligibility EFFECTIVE July 1, 2013. http://aspe.hhs.gov/poverty/12poverty.shtml
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