Assembly Bill No. 725--Assemblymen Arberry and Willi
    ams

                  CHAPTER........


AN ACT relating to the state personnel system; revising the  
       limitations on other employment for certain persons in the 
       unclassified service of the state; and providing other 
       matters properly relating thereto.

   THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
              AND ASSEMBLY, DO ENACT AS FOLLOWS:


  Section 1.  Chapter 284 of NRS is hereby 
amended by adding thereto a new section to read as follows:
  \Except as otherwise provided in NRS 281.127, a 
person in the unclassified service of the state who has been 
appointed or employed for service in a department, division, 
agency or institution, other than a director of a 
department, may pursue any other business or occupation or 
hold any other office for profit if:
  1.  The other employment does not conflict with the duties 
he is required to perform in his unclassified service;
  2.  The other employment does not conflict with the hours 
during which he is required to perform those duties; and
  3.  He has obtained the approval of his supervisor.\\
  Sec. 2.  NRS 213.1094 is hereby amended to 
read as follows:
  213.1094  1.  The compensation, salaries and expenses of 
the executive secretary and employees of the board must be 
paid, upon certification by the secretary of the board, in 
the same manner as those of other state officers and 
employees.
  2.  [The chief parole and probation officer] \Except 
as otherwise provided in section 1 of this act, the 
chief\\ shall devote his entire time and attention to 
the business of his office and shall not pursue any other 
business or occupation or hold any other office of profit.
  Sec. 3.  NRS 232.055 is hereby amended to read 
as follows:
  232.055  1.  The director shall appoint two assistant 
directors of the department and shall assign their duties.
  2.  Each assistant director is in the unclassified service 
of the state.
  3.  [Each] \Except as otherwise provided in section 1 
of this act, each \\assistant director shall devote his 
entire time and attention to the business of his office and 
shall not engage in any other gainful employment or 
occupation.
  Sec. 4.  NRS 232.139 is hereby amended to read 
as follows:
  232.139  The chiefs of the divisions of the department may 
each appoint a deputy and a chief assistant in the 
unclassified service of the state. [Each] \Except as 
otherwise provided in section 1 of this act, each 
\\deputy and chief assistant shall devote his entire 
time and attention to the business of his office and shall 
not pursue any other business or occupation or hold any 
other office of profit.
  Sec. 5.  NRS 232.217 is hereby amended to read 
as follows:
  232.217  Unless federal law or regulation otherwise 
requires, the chief of the:
  1.  Budget division;
  2.  Buildings and grounds division;
  3.  Purchasing division;
  4.  State printing and micrographics division; and
  5.  Motor pool division if separately established,
may appoint a deputy and a chief assistant in the 
unclassified service of the state, who shall not engage in 
any other gainful employment or occupation [.] \except 
as otherwise provided in section 1 of this act.\\
  Sec. 6.  NRS 232.340 is hereby amended to read 
as follows:
  232.340  The chief of each division of the department:
  1.  Is in the unclassified service of the state unless 
federal law or regulation requires otherwise.
  2.  Shall administer the provisions of law relating to his 
division, subject to the administrative supervision of the 
director.
  3.  [Shall] \Except as otherwise provided in section 
1 of this act, shall\\ devote his entire time and 
attention to the business of his office and shall not pursue 
any other business or occupation or hold any other office of 
profit.
  Sec. 7.  NRS 232.460 is hereby amended to read 
as follows:
  232.460  The chief of each bureau of the division shall:
  1.  Administer the provisions of law relating to his 
bureau, subject to the administrative supervision of the 
administrator.
  2.  [Devote] \Except as otherwise provided in section 
1 of this act, devote\\ his entire time and attention to 
the business of his office and shall not pursue any other 
business or occupation or hold any other office of profit.
  Sec. 8.  NRS 232.530 is hereby amended to read 
as follows:
  232.530  The chief of each of the divisions of the 
department:
  1.  Is in the unclassified service of the state.
  2.  Shall administer the provisions of law relating to his 
division, subject to the administrative supervision of the 
director.
  3.  [Shall] \Except as otherwise provided in section 
1 of this act, shall\\ devote his entire time and 
attention to the business of his office and shall not pursue 
any other business or occupation or hold any other office of 
profit, except for temporary and part-time teaching duties 
on a university campus.
  Sec. 9.  NRS 232.535 is hereby amended to read 
as follows:
  232.535  1.  The chiefs of the divisions of the 
department may appoint assistants within the limits of the 
money available for each position and subject to the 
approval of the director.
  2.  These assistants are in the unclassified service of 
the state. [Each] \Except as otherwise provided in 
section 1 of this act, each \\assistant shall devote his 
entire time and attention to the business of his office and 
shall not pursue any other business or occupation or hold 
any other office of profit.
  Sec. 10.  NRS 232.610 is hereby amended to 
read as follows:
  232.610  The administrator:
  1.  Is appointed by, is responsible to and serves at the 
pleasure of the director.
  2.  Is in the unclassified service of the state.
  3.  [Shall] \Except as otherwise provided in section 
1 of this act, shall\\ not engage in any other gainful 
employment or occupation.
  4.  Must have responsible administrative experience in 
public or business administration or possess broad 
management skills in areas related to the functions of the 
division.
  5.  Must have the demonstrated ability to administer a 
major public agency in the field of industrial relations. 
His knowledge and abilities must include:
  (a) A comprehensive knowledge of administrative principles 
and a working knowledge of broad principles relating to the 
subject matters under his administrative direction;
  (b) An administrative ability to assess the adequacy of 
agency operations and the protection of the public interest 
as related to the subject fields; and
  (c) An ability to organize and present oral and written 
communication to the governor, the legislature, and other 
pertinent officials or other persons.
  6.  Must possess a background which indicates that he can 
impartially serve the interests of both employees and 
employers.
  7.  Must not, at the time of his appointment or at any 
time during his term of office:
  (a) Be an officer, director or employee, or have any 
personal or private interest in any operating mine, mill, 
smelter or ore reduction plant or the products thereof;
  (b) Hold, directly or indirectly, any financial interest 
in any company, partnership, organization or corporation or 
subsidiary of a corporation, which owns, operates or has a 
financial interest in any mines which are subject to the 
provisions of chapter 512 of NRS; or
  (c) Be an officer or employee of any labor organization.
  Sec. 11.  NRS 232.630 is hereby amended to 
read as follows:
  232.630  1.  The administrator may appoint such assistant 
administrators of the division as necessary for the 
administration of the division and assign the duties of the 
assistant administrators.
  2.  An assistant administrator is in the unclassified 
service of the state.
  3.  [An] \Except as otherwise provided in section 1 
of this act, an \\assistant administrator shall devote 
his entire time and attention to the business of his office 
and shall not engage in any other gainful employment or 
occupation.
  Sec. 12.  NRS 232.825 is hereby amended to 
read as follows:
  232.825  The commissioner:
  1.  May appoint two deputies. The deputies are in the 
unclassified service of the state. [Each] \Except as 
otherwise provided in section 1 of this act, each\\ 
deputy shall devote his entire time and attention to the 
business of his office and shall not pursue any other 
business or occupation or hold any other office of profit.
  2.  Is responsible for the administration of the 
provisions of Title 57 of NRS, and all other provisions of 
law relating to the functions of the division.
  3.  May employ such staff as is necessary for the 
performance of his duties.
  4.  Has such other powers and duties as are provided by 
law.
  Sec. 13.  NRS 341.100 is hereby amended to 
read as follows:
  341.100  1.  The board may appoint a manager. The 
manager, with the approval of the board, may appoint a 
deputy for professional services and a deputy for 
administrative, fiscal and constructional services. In 
addition, the manager may appoint such other technical and 
clerical assistants as may be necessary to carry into effect 
the provisions of this chapter.
  2.  The manager and his deputies are in the unclassified 
service of the state. [Each] \Except as otherwise 
provided in section 1 of this act, the manager and each 
deputy\\ shall devote his entire time and attention to 
the business of his office and shall not pursue any other 
business or occupation or hold any other office of profit.
  3.  The manager and his deputy for professional services 
must each be a registered professional engineer pursuant to 
the provisions of chapter 625 of NRS or an architect 
licensed under the provisions of chapter 623 of NRS. The 
deputy manager for administrative, fiscal and constructional 
services must have a comprehensive knowledge of principles 
of administration and a working knowledge of principles of 
engineering or architecture as determined by the board.
  4.  The manager shall:
  (a) Serve as the secretary of the board.
  (b) Manage the daily affairs of the board.
  (c) Represent the board before the legislature.
  (d) Prepare and submit to the board, for its approval, the 
recommended priority for proposed capital improvement 
projects and provide the board with an estimate of the cost 
of each [such] project.
  (e) Make recommendations to the board for the selection of 
architects, engineers and contractors.
  (f) Make recommendations to the board regarding the 
acceptance of completed projects.
  (g) Advise the board and the legislature, or the interim 
finance committee if the legislature is not in session, on a 
monthly basis of the progress of all public works projects 
which are a part of the approved capital improvement 
program.
  Sec. 14.  NRS 381.120 is hereby amended to 
read as follows:
  381.120  1.  The governor shall appoint a director from a 
list of three names submitted by the board and the 
administrator. The director must have:
  (a) An advanced degree in science or history; and
  (b) At least 3 years' experience in managing a museum.
  2.  The director may employ and fix the duties, powers and 
conditions of employment of necessary curators, assistants, 
janitors, laborers, guards and employees of the Nevada state 
museum.
  3.  Except for the director and two assistants, all 
employees of the Nevada state museum whose salaries are paid 
from the general fund appropriation are in the classified 
service of the state. The director is in the unclassified 
service. The director may, within the limits of legislative 
appropriation, fix the annual salaries of the two 
assistants.
  4.  When any employee is required to perform any travel in 
conjunction with his duties and at the specific instruction 
of his supervisor, he is entitled to receive his expenses.
  5.  [The] \Except as otherwise provided in section 1 
of this act, the \\director shall devote his entire time 
and attention to the business of his office and shall not 
pursue any other business or occupation or hold any other 
office of profit.
  Sec. 15.  NRS 381.405 is hereby amended to 
read as follows:
  381.405  1.  The administrator shall appoint a director 
of the Nevada museum and historical society. The director 
must have:
  (a) An advanced degree in science or history; and
  (b) At least 3 years' experience in managing a museum.
  2.  The director may employ and fix the duties, powers and 
conditions of employment of necessary curators, assistants, 
janitors, laborers, guards and employees of the Nevada 
museum and historical society.
  3.  The director is in the unclassified service.
  4.  When any employee is required to perform any travel in 
conjunction with his duties and at the specific instruction 
of his supervisor, he is entitled to receive his expenses.
  5.  [The] \Except as otherwise provided in section 1 
of this act, the \\director shall devote his entire time 
and attention to the business of his office and shall not 
pursue any other business or occupation or hold any other 
office of profit.
  Sec. 16.  NRS 407.045 is hereby amended to 
read as follows:
  407.045  1.  The salary of the administrator may be 
apportioned and paid from any money available to the 
division, unless otherwise provided by law.
  2.  [The] \Except as otherwise provided in section 1 
of this act, the\\ administrator shall devote his entire 
time and attention to the business of his office and shall 
not pursue any other business or occupation or hold any 
other office of profit.
  Sec. 17.  NRS 407.055 is hereby amended to 
read as follows:
  407.055  1.  The administrator may designate an employee 
or employees of the division to act as his deputy or 
deputies. In case of the absence of the administrator, or 
his inability from any cause to discharge the powers and 
duties of his office, such powers and duties [shall] devolve 
upon his deputy or deputies.
  2.  Deputies shall receive annual salaries in the amounts 
determined pursuant to statute.
  3.  [Each] \Except as otherwise provided in section 1 
of this act, each\\ deputy shall devote his entire time 
and attention to the business of his office and shall not 
pursue any other business or occupation or hold any other 
office of profit.
  Sec. 18.  NRS 417.060 is hereby amended to 
read as follows:
  417.060  The commissioner and deputy commissioner are in 
the unclassified service of the state. [Each] \Except 
as otherwise provided in section 1 of this act, each 
\\shall devote his entire time and attention to the 
business of his office and shall not pursue any other 
business or occupation or hold any other office of profit.
  Sec. 19.  NRS 433A.040 is hereby amended to 
read as follows:
  433A.040  [An] \Except as otherwise provided in 
section 1 of this act, an\\ administrative officer shall 
devote his entire time to the duties of his position and 
shall have no other gainful employment or occupation, but he 
may attend seminars, act as a consultant and give lectures 
relating to his profession and accept appropriate stipends 
for the seminars, consultations and lectures.
  Sec. 20.  NRS 439.110 is hereby amended to 
read as follows:
  439.110  1.  Except as otherwise provided in 
\section 1 of this act and \\subsection 2 [,] 
\of this section,\\ the state health officer shall 
devote his full time to his official duties and shall not 
engage in any other business or occupation.
  2.  Notwithstanding the provisions of NRS 281.127, the 
state health officer may cooperate with the University and 
Community College System of Nevada in the preparation and 
teaching of preservice professional workers in public 
health, and in a program providing additional professional 
preparation for public health workers employed by the State 
of Nevada.
  Sec. 21.  NRS 459.0096 is hereby amended to 
read as follows:
  459.0096  1.  The administrator of each division shall 
administer the provisions of law relating to his division 
under the supervision of the executive director.
  2.  The executive director and the administrator of each 
division:
  (a) Are in the unclassified service of the state.
  (b) [Shall] \Except as otherwise provided in section 
1 of this act, shall\\ devote their full time to the 
business of the agency and not engage in any other gainful 
employment or occupation.
  Sec. 22.  NRS 472.025 is hereby amended to 
read as follows:
  472.025  1.  The state forester firewarden is in the 
unclassified service of the state.
  2.  [He] \Except as otherwise provided in section 1 
of this act, he\\ shall devote his entire time and 
attention to the business of his office and shall not pursue 
any other business or occupation or hold any other office of 
profit.
  Sec. 23.  NRS 481.035 is hereby amended to 
read as follows:
  481.035  1.  The director:
  (a) Is appointed by the governor. He must be selected with 
special reference to his training, experience, capacity and 
interest in the field of administering laws relating to 
motor vehicles and public safety.
  (b) Is entitled to hold office for a term of 4 years from 
and after his appointment or until his successor is 
appointed.
  (c) Is in the unclassified service of the state.
  (d) Shall devote his entire time and attention to the 
business of his office and shall not pursue any other 
business or occupation or hold any other office of profit.
  2.  The director may employ two deputy directors, one 
responsible for the administration of the laws relating to 
motor vehicles and one responsible for the administration of 
the laws relating to public safety. Each deputy:
  (a) Must be selected with special reference to his 
training, experience, capacity and interest in the field of 
his responsibility.
  (b) Is in the unclassified service of the state.
   (c) [Shall] \Except as otherwise provided in section 
1 of this act, shall\\ devote his entire time and 
attention to the business of his office and shall not pursue 
any other business or occupation or hold any other office of 
profit.
  Sec. 24.  NRS 501.337 is hereby amended to 
read as follows:
  501.337  The administrator shall:
  1.  Carry out the policies and regulations of the 
commission.
  2.  Direct and supervise all administrative and 
operational activities of the division, and all programs 
administered by the division as provided by law. [He] 
\Except as otherwise provided in section 1 of this act, 
the administrator \\shall devote his entire time to the 
duties of his office and shall not follow any other gainful 
employment or occupation.
  3.  Within such limitations as may be provided by law, 
organize the division and, from time to time, alter the 
organization and reassign responsibilities and duties as he 
may deem appropriate.
  4.  Appoint or remove such technical, clerical and 
operational staff as the execution of his duties and the 
operation of the division may require, and all those 
employees are responsible to him for the proper carrying out 
of the duties and responsibilities of their respective 
positions. The administrator shall designate a number of 
employees as game wardens and provide for their training.
  5.  Submit technical and other reports to the commission 
as may be necessary or as may be requested, which will 
enable the commission to establish policy and regulations.
  6.  Prepare the biennial budget of the division consistent 
with the provisions of this Title and chapter 488 of NRS.
  7.  Administer real property assigned to the division.
  8.  Maintain full control, by proper methods and 
inventories, of all personal property of the state acquired 
and held for the purposes contemplated by this Title and by 
chapter 488 of NRS.
  9.  Act as nonvoting secretary to the commission.
  Sec. 25.  NRS 513.083 is hereby amended to 
read as follows:
  513.083  1.  The chief administrative officer of the 
division is the administrator, who must be appointed by the 
director of the department of business and industry from a 
list of three nominees selected by the commission.
  2.  The administrator of the division:
  (a) Must be a graduate of an accredited college or 
university and have substantial experience as an 
administrator or at least 5 years' experience in the 
exploration for or the production or conservation of 
minerals.
  (b) Is in the unclassified service of the state.
   (c) [Shall] \Except as otherwise provided in section 
1 of this act, shall\\ devote his entire time and 
attention to his duties as a public officer and shall not 
pursue any other business or occupation or hold any other 
office of profit.
  Sec. 26.  NRS 532.060 is hereby amended to 
read as follows:
  532.060  1.  The state engineer is in the unclassified 
service of the state.
  2.  [He] \Except as otherwise provided in section 1 
of this act, he \\shall devote his entire time and 
attention to the business of his office and shall not pursue 
any other business or occupation or hold any other office of 
profit.
  Sec. 27.  NRS 540.041 is hereby amended to 
read as follows:
  540.041  1.  The administrator:
  (a) Must be selected with special reference to his 
training, experience, capability and interest in the field 
of water resource planning.
  (b) [Shall] \Except as otherwise provided in section 
1 of this act, shall \\devote his entire time and 
attention to the business of his office and shall not pursue 
any other business or occupation or hold any other office of 
profit.
  (c) Shall coordinate the activities of the division.
  2.  The administrator is responsible for the 
administration of all provisions of law relating to the 
functions of the division.
  3.  The administrator may employ, within the limits of 
legislative appropriations, such staff as is necessary to 
the performance of his duties.
  Sec. 28.  NRS 561.145 is hereby amended to 
read as follows:
  561.145  1.  The administrator shall direct and supervise 
all administrative and technical activities of the division, 
and all programs administered by the division as provided by 
law. [He] \Except as otherwise provided in section 1 of 
this act, the administrator \\shall devote his entire 
time to the duties of his office, and shall follow no other 
gainful employment or occupation.
  2.  The administrator may, within such limitations as may 
be provided by law, organize the division into various 
bureaus and, from time to time, alter such organization and 
reassign responsibilities and duties as he may deem 
appropriate.
  3.  The administrator shall:
  (a) Coordinate the activities of the various bureaus of 
the department.
  (b) Report to the board upon all matters pertaining to the 
administration of the division.
  (c) Submit a biennial report to the governor, the 
legislature and the board of the work of the division, with 
recommendations that he may deem necessary. The report must 
set forth the facts relating to the condition of the 
livestock, agriculture and related industries in the State 
of Nevada.
  Sec. 29.  NRS 607.030 is hereby amended to 
read as follows:
  607.030  1.  The labor commissioner is in the 
unclassified service of the state.
  2.  [He] \Except as otherwise provided in section 1 
of this act, he \\shall devote his entire time and 
attention to the business of his office and shall not pursue 
any other business or occupation or hold any other office of 
profit.
  Sec. 30.  NRS 607.050 is hereby amended to 
read as follows:
  607.050  1.  The labor commissioner shall employ a 
deputy, who is in the unclassified service of the state.
  2.  If admitted to the practice of law in the State of 
Nevada, the deputy has all the powers of the district 
attorneys of the several counties in this state in the 
prosecution of all claims and actions originating with the 
labor commissioner by appropriate action in the courts of 
this state, when the labor commissioner is charged with the 
enforcement of those laws.
  3.  The deputy shall act under the direction of the labor 
commissioner, and in the performance of his duties he is 
responsible to the labor commissioner.
  4.  [The] \Except as otherwise provided in section 1 
of this act, the \\deputy shall devote his entire time 
and attention to the business of his office and shall not 
pursue any other business or occupation or hold any other 
office of profit.
  Sec. 31.  NRS 612.215 is hereby amended to 
read as follows:
  612.215  1.  The division is administered by a full-time 
salaried administrator, who is appointed by the director of 
the department of employment, training and rehabilitation 
and who serves at the pleasure of the director.
  2.  The administrator:
  (a) Is in the unclassified service of the state.
  (b) Has full administrative authority with respect to the 
operation and functions of the unemployment compensation 
service and the state employment service.
  (c) [Shall] \Except as otherwise provided in section 
1 of this act, shall\\ devote his entire time and 
attention to the business of his office and shall not pursue 
any other business or occupation or hold any other office of 
profit.
  Sec. 32.  NRS 616.1719 is hereby amended to 
read as follows:
  616.1719  [The] \Except as otherwise provided in 
section 1 of this act, the \\manager and assistant 
managers shall not pursue any other business or occupation 
or perform the duties of any other office of profit unless 
on leave approved in advance. The manager and assistant 
managers shall not participate in any business enterprise or 
investment in real or personal property if the system owns 
or has a direct financial interest in that enterprise or 
property.
  Sec. 33.  NRS 618.255 is hereby amended to 
read as follows:
  618.255  1.  The division may employ such qualified 
employees as in the opinion of the administrator are 
necessary to enforce the provisions of this chapter.
  2.  Any safety and health representative employed by the 
division must have practical experience in the field of 
construction, trade, craft, technical skill, profession or 
industry in which his services are required.
  3.  The administrator and other employees of the division 
must not be financially interested in any business 
interfering with, or inconsistent with, their duties. [They] 
\Except as otherwise provided in section 1 of this act, 
the administrator and other employees of the division\\ 
shall give their entire time to the business of the division 
and shall not pursue any other business or vocation or hold 
any office of profit.
  4.  An employee of the division shall not serve on any 
committee of any political party.
  Sec. 34.  NRS 658.021 is hereby amended to 
read as follows:
  658.021  The commissioner:
  1.  Must be a person who has had practical experience in 
banking, savings and loan associations or other financial 
institutions.
  2.  [Shall] \Except as otherwise provided in section 
1 of this act, shall \\devote his entire time and 
attention to the business of his office and shall not pursue 
any other business or occupation or hold any other office of 
profit.
  Sec. 35.  NRS 679B.080 is hereby amended to 
read as follows:
  679B.080  1.  The director of the department of business 
and industry shall designate an acting commissioner when the 
office of commissioner is vacant or when the commissioner is 
unable to perform his duties because of mental or physical 
disability.
  2.  The commissioner shall designate one of his deputies 
to serve as acting commissioner in the commissioner's 
absence.
  3.  The deputies have such powers and duties as the 
commissioner delegates and assigns to them.
  4.  [The] \Except as otherwise provided in section 1 
of this act, the \\deputies shall devote their full time 
to the division.
  Sec. 36.  NRS 706.882 is hereby amended to 
read as follows:
  706.882  1.  The director of the department of business 
and industry shall appoint a taxicab administrator from a 
list of three names submitted to him by the taxicab 
authority. The administrator serves at the pleasure of the 
director. The administrator is in the unclassified service 
of the state.
  2.  The taxicab authority may remove the administrator for 
good cause shown.
  3.  [The] \Except as otherwise provided in section 1 
of this act, the \\taxicab administrator shall devote 
his entire time and attention to the business of his office 
and shall not pursue any other business or occupation or 
hold any other office of profit.
  Sec. 37.  Section 2 of Assembly Bill No. 24 of 
this section is hereby amended to read as follows:
      Sec. 2.  1.  The office of financial management, 
    training and controls is hereby created within the 
    department of administration.
      2.  The director shall appoint a chief of the office. The 
    chief is in the unclassified service of the state and 
    \, except as otherwise provided in section 1 of 
    Assembly Bill No. 725 of this session, \\shall not 
    engage in any other gainful employment or occupation.
      3.  The chief must:
      (a) Be a certified public accountant licensed by this 
    state or a public accountant qualified pursuant to chapter 
    628 of NRS to practice public accounting in this state; and
      (b) Have at least 5 years of progressively responsible 
    professional auditing experience performing internal audits 
    or postaudits. The auditing experience must consist of 
    audits of governmental entities or of private business 
    organizations, whether or not organized for profit.
      4.  The chief may employ, within the limits of legislative 
    appropriations, such staff as is necessary to the 
    performance of his duties. The chief shall not limit his own 
    work assignments to administrative duties.
  Sec. 38.  1.  This section and sections 1 to 36, 
inclusive, and 39 of this act, become effective upon passage and 
approval.
  2.  Section 37 of this act becomes effective at 12:01 a.m. on 
July 1, 1995.
  Sec. 39.  The legislative counsel shall, in 
preparing the supplement to the Nevada Revised Statutes with 
respect to any section which is not amended by this act or is 
further amended or adopted by another act, change any section 
which conflicts with the provisions of section 1 of this act to 
comply with those provisions.

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