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| PRIOR PRINTER'S NO. 1118 | PRINTER'S NO. 1204 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY DINNIMAN AND PICCOLA, JUNE 5, 2009 |
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| SENATOR PICCOLA, EDUCATION, AS AMENDED, JUNE 23, 2009 |
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| AN ACT |
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1 | Providing for the sale of certain course materials at |
2 | institutions of higher education, for responsibilities of |
3 | faculty and institutions of higher education and for college |
4 | textbook rental pilot programs; and establishing the College |
5 | Textbook Policies Advisory Committee. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Short title. |
9 | This act shall be known and may be cited as the College |
10 | Textbook Affordability, Accountability and Accessibility Act. |
11 | Section 2. Definitions. |
12 | The following words and phrases when used in this act shall |
13 | have the meanings given to them in this section unless the |
14 | context clearly indicates otherwise: |
15 | "Advisory committee." The College Textbook Policies Advisory |
16 | Committee established under this act. |
17 | "Bundle." One or more college textbooks or other |
18 | supplemental learning materials that may be packaged together to | <-- |
19 | be sold as course materials for one price. |
20 | "Campus." The grounds and buildings of an institution of |
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1 | higher education that are designated as such by the institution |
2 | of higher education. |
3 | "Campus bookstore." The bookstore on the campus of, or |
4 | otherwise associated with, an institution of higher education. |
5 | "College textbook." A textbook or set of textbooks used for, |
6 | or in conjunction with, a course in postsecondary education at |
7 | an institution of higher education. |
8 | "Custom textbook." A college textbook that is compiled by a |
9 | publisher at the direction of a faculty member or other person |
10 | or adopting entity in charge of selecting course materials at an |
11 | institution of higher education and may include, alone or in |
12 | combination, items, such as selections from original instructor |
13 | materials, previously copyrighted publisher materials or |
14 | copyrighted third-party works. This term does not include purely |
15 | aesthetic changes to a textbook when compared with a prior |
16 | edition, such as a commemorative edition. |
17 | "Institution of higher education" or "institution." Any of |
18 | the 14 State-owned universities that are part of the |
19 | Pennsylvania State System of Higher Education, including the |
20 | four State-related universities. The term also includes |
21 | community colleges that are members of the Pennsylvania |
22 | Commission for Community Colleges and independent or private |
23 | colleges or universities that receive an assistance grant under |
24 | the act of July 18, 1974 (P.L.483, No.174), known as The |
25 | Institutional Assistance Grants Act. |
26 | "Integrated textbook." A college textbook that is: |
27 | (1) combined with supplemental materials developed by a |
28 | third party and that, by third-party contractual agreement, |
29 | may not be offered by publishers separately from the college |
30 | textbook with which the supplemental materials are combined; |
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1 | or |
2 | (2) combined with supplemental materials that are so |
3 | interrelated with the content of the textbook that the |
4 | separation of the textbook from the supplemental materials |
5 | would render the textbook unusable for its intended purpose. |
6 | "ISBN." International Standard Book Number. |
7 | "Publisher." An entity that publishes college textbooks or |
8 | supplemental materials and markets college textbooks or |
9 | supplemental materials to faculty members at institutions of |
10 | higher education. |
11 | "Substantial content." Parts of a college textbook, such as |
12 | new chapters, additional eras of time, new themes or new subject |
13 | matter. |
14 | "Supplemental material." Educational material developed to |
15 | accompany a college textbook, which may include printed |
16 | materials, computer disks, Internet website access and |
17 | electronically distributed materials. |
18 | Section 3. Publisher requirements. |
19 | (a) Pricing information disclosure.--When a publisher |
20 | provides a faculty member or entity in charge of selecting |
21 | course materials at an institution of higher education with |
22 | information regarding a college textbook or supplemental |
23 | material, the publisher shall include, in writing or |
24 | electronically, the following: |
25 | (1) The price at which the publisher would make the |
26 | college textbook or supplemental material available to the |
27 | campus bookstore of the institution of higher education. |
28 | (2) The copyright dates of the three previous editions |
29 | of the college textbook or supplemental material in the |
30 | preceding ten years, if any. |
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1 | (3) The substantial content revisions made between the |
2 | current edition of the college textbook or supplemental |
3 | material and the previous edition, if any. |
4 | (4) Whether the college textbook or supplemental |
5 | material is available in any other format, including |
6 | paperback and unbound, and the price at which the publisher |
7 | would make the college textbook or supplemental material in |
8 | the other format available to the campus bookstore of such |
9 | institution of higher education. |
10 | (b) Pricing information accountability.--When a publisher | <-- |
11 | provides a faculty member or entity in charge of selecting |
12 | course materials at an institution of higher education with the |
13 | price at which the publisher would make the college textbook or |
14 | supplemental material available to the campus bookstore of the |
15 | institution of higher education as required under this section |
16 | or under 20 U.S.C. § 1015 (relating to improvements in market |
17 | information and public accountability in higher education), the |
18 | publisher shall: |
19 | (1) Make, for at least six months, the college textbook |
20 | supplemental material available to the campus bookstore at |
21 | the institution of higher education at or below such price |
22 | provided to a faculty member or other entity in charge of |
23 | selecting course materials. |
24 | (2) Notify, in writing or electronically, the faculty |
25 | member or entity in charge of selecting course materials and |
26 | campus bookstore at least 45 days in advance of any increase |
27 | in the price and the amount of increase. |
28 | (b) Pricing information accountability.--When a faculty | <-- |
29 | member or entity in charge of selecting course materials at an |
30 | institution of higher education adopts a college textbook or |
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1 | supplemental material to be made available for purchase by |
2 | students at the institution's campus bookstore, the faculty |
3 | member or entity in charge of selecting course materials and |
4 | campus bookstore shall do the following: |
5 | (1) The faculty member or entity in charge of selecting |
6 | course materials shall provide the campus bookstore with the |
7 | price at which the publisher would make the college textbook |
8 | or supplemental material available to the campus bookstore. |
9 | (2) The campus bookstore shall verify with the publisher |
10 | that the price for the college textbook or supplemental |
11 | material under consideration has not increased before making |
12 | an order. |
13 | (3) If the campus bookstore determines that the price of |
14 | college textbook or supplemental material under consideration |
15 | has increased, the campus bookstore shall notify the faculty |
16 | member or entity in charge of selecting course materials, in |
17 | writing, and determine whether the faculty member or entity |
18 | in charge of selecting course materials wishes to place or |
19 | change the order. |
20 | (c) Unbundling of college textbooks from supplemental |
21 | materials.-- |
22 | (1) A publisher that sells a college textbook and any |
23 | supplemental material accompanying the college textbook as a |
24 | bundle or as an integrated textbook shall also make available | <-- |
25 | the college textbook and each supplemental material as |
26 | separate and unbundled items, each separately priced. |
27 | (2) A publisher is not required to make available |
28 | supplemental items developed by a third party and that, by |
29 | third-party contractual agreement, may not be offered by the |
30 | publisher separately from the college textbook. |
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1 | (d) Custom textbooks.--When a faculty member or entity in |
2 | charge of selecting course materials at an institution of higher |
3 | education directs a publisher to compile a custom textbook, the |
4 | publisher shall provide, in writing or electronically, prior to |
5 | accepting an order for the custom textbook, the price at which |
6 | the publishers would make the custom textbook available to the |
7 | campus bookstore. |
8 | (e) Prohibited activity.--No institution of higher education |
9 | shall have business dealings related to the sale of college |
10 | textbooks with any publisher that is in violation of this |
11 | section. |
12 | Section 4. Faculty responsibilities. |
13 | (a) General duties.--A faculty member or entity in charge of |
14 | selecting college textbooks, supplemental learning materials or |
15 | bundled textbook packages for an institution of higher education |
16 | shall: |
17 | (1) Consider the least costly practices in assigning |
18 | college textbooks, consistent with educationally sound |
19 | practices as determined by the appropriate faculty or entity. |
20 | (2) Consider the use of college textbooks, supplemental |
21 | learning materials and bundled textbook packages for a longer |
22 | period of time, to the extent they are not outdated. |
23 | (3) Work with bookstores to review timeliness and the |
24 | processes involved in ordering and stocking selected course |
25 | materials, disclose college textbook costs to students and |
26 | actively promote and publicize book buyback programs. |
27 | (4) Provide a written statement to the president or |
28 | chancellor of the institution detailing college textbooks or |
29 | supplemental learning materials, whether bundled or |
30 | unbundled, that are recommended for the course. |
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1 | (5) Provide a written statement to the president or |
2 | chancellor of the institution indicating the earliest edition |
3 | of any required college textbook or supplemental learning |
4 | materials that may be effective for use by a student for a |
5 | particular course. |
6 | (b) Prohibited conduct by faculty.-- |
7 | (1) Faculty shall not demand or receive any payment, |
8 | loan, subscription, advance, deposit of money, services or |
9 | any thing, present or promised, as an inducement for |
10 | requiring students to purchase a specific college textbook |
11 | required for coursework or instruction. |
12 | (2) Notwithstanding the provisions of paragraph (1), |
13 | faculty may receive: |
14 | (i) Sample copies, instructor's copies or |
15 | instructional material, not to be sold. |
16 | (ii) Royalties or other compensation from the sale |
17 | of college textbooks that include the writing or work of |
18 | the particular faculty member. |
19 | (c) Construction.--Nothing in this section shall be |
20 | construed: |
21 | (1) To prohibit the faculty member from requiring the |
22 | most recent edition of a college textbook. |
23 | (2) To supersede the institutional autonomy or academic |
24 | freedom of instructors or faculty involved in the selection |
25 | of college textbooks, supplemental materials and other |
26 | classroom materials. |
27 | Section 5. Responsibilities of institutions of higher |
28 | education. |
29 | (a) General rule.--Except as otherwise provided in this |
30 | section, at student registration, each institution shall make |
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1 | available a listing of all college textbooks and supplemental |
2 | learning materials, including the ISBN, required and recommended |
3 | for courses to be offered during the upcoming term, provided |
4 | that: |
5 | (1) If the ISBN is not available, the institution shall |
6 | include the author, title, publisher and copyright date for |
7 | the college textbook or supplemental material. |
8 | (2) If the institution determines that the disclosure of |
9 | the information relating to a college textbook or |
10 | supplemental material is not practicable, then the |
11 | institution shall so indicate by placing the designation "To |
12 | Be Determined" in lieu of the information required in |
13 | paragraph (1). |
14 | (b) Publication.--The institution shall provide the |
15 | information required under subsection (a) to existing and |
16 | accepted incoming students by posting the information on the |
17 | institution's Internet website used for course scheduling, |
18 | preregistration and registration. The institution shall inform |
19 | students in writing of the availability of the information. |
20 | (c) Information to college bookstore.--An institution of |
21 | higher education shall make available to a college bookstore |
22 | that is operated by, or in a contractual relationship or |
23 | otherwise affiliated with, the institution, as soon as |
24 | practicable after the request of the bookstore, the most |
25 | accurate information available relating to: |
26 | (1) The institution's course schedule for the subsequent |
27 | academic period. |
28 | (2) For each course or class offered by the institution |
29 | for the subsequent academic period: |
30 | (i) The information required by subsection (a) for |
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1 | each college textbook or supplemental material required |
2 | or recommended for the course or class. |
3 | (ii) The number of students enrolled in such course |
4 | or class. |
5 | (iii) The maximum student enrollment for such course |
6 | or class. |
7 | (d) Dissemination of other information to students.--An |
8 | institution of higher education is encouraged to disseminate to |
9 | students information relating to: |
10 | (1) Available institutional programs for renting college |
11 | textbooks or for purchasing used college textbooks. |
12 | (2) Available institutional guaranteed college textbook |
13 | buyback programs. |
14 | (3) Available institutional alternative content delivery |
15 | programs. |
16 | (4) Other available cost-saving strategies for acquiring |
17 | institutional college textbooks and supplemental materials. |
18 | Section 6. College textbook rental pilot program. |
19 | (a) General rule.--An institution of higher education may |
20 | establish a college textbook rental pilot program for the |
21 | students of any campus. A college textbook rental program may |
22 | also be established by: |
23 | (1) the student government association of the campus |
24 | voting to request a college textbook rental pilot program; |
25 | and |
26 | (2) any existing contracts or other established |
27 | arrangements with entities operating bookstores that allow or |
28 | accommodate the operation of a college textbook rental pilot |
29 | program. |
30 | (b) Task force.--The administrators of a campus with a |
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1 | college textbook rental pilot program may shall convene a task | <-- |
2 | force to determine recommended policies and procedures to |
3 | establish and operate a college textbook rental pilot program. |
4 | The task force must include students, faculty, administrators |
5 | and bookstore managers. |
6 | (c) Pilot program requirements.--A college textbook rental |
7 | pilot program at a campus shall comply with the following: |
8 | (1) The pilot program shall be self-sustaining through | <-- |
9 | revenue generated from student tuition and fees, excluding |
10 | the initial start-up costs to be paid from supplemental |
11 | funding from other sources. |
12 | (2) The average annual college textbook rental cost for |
13 | full-time students may not exceed 33% of the average annual |
14 | retail purchase cost of college textbooks for full-time |
15 | students. |
16 | (3) (2) The pilot program may not limit the rights of | <-- |
17 | faculty to select appropriate college textbooks in accordance |
18 | with established policies and procedures. |
19 | (4) Students shall not be required to participate in the | <-- |
20 | pilot program. |
21 | (5) The pilot program may be disbanded with the approval |
22 | of the student government association of the campus. |
23 | (6) (3) (i) The administrators of the campus shall | <-- |
24 | report to the board of trustees of the institution of |
25 | higher education for a period of three years any |
26 | information required to effectively evaluate the pilot |
27 | program, including, but not limited to, representations |
28 | to students, system efficiency and faculty satisfaction. |
29 | (ii) After three years, the board of trustees shall |
30 | report the findings of the pilot program evaluation to |
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1 | the Education Committee of the Senate and the Education |
2 | Committee of the House of Representatives. |
3 | (4) The pilot program shall last for a period of no | <-- |
4 | fewer than three years. After three years, the administrators |
5 | of the campus shall make a decision as to whether to continue |
6 | or disband the pilot program. Any decision to disband the |
7 | pilot program at any point in time shall be made in |
8 | consultation with the task force and must include input from |
9 | the student government association when the pilot program was |
10 | established in accordance with subsection (a)(1) and (2). |
11 | (d) Powers of campuses with college textbook rental pilot |
12 | programs.--The administrators of a campus with a college |
13 | textbook rental pilot program may: |
14 | (1) Charge a nominal campus-based or course-based |
15 | college textbook rental fee to each student as a part of |
16 | tuition or mandatory fees to cover the costs of administering |
17 | the pilot program and maintaining an appropriate stock of |
18 | college textbooks. The fee may not exceed $20 and must be |
19 | clearly posted on a student's invoice or bill. |
20 | (2) Establish policies for the pilot program, including, |
21 | but not limited to, implementing practices to achieve the |
22 | best possible purchase price for college textbooks and for |
23 | the provision of rental services. |
24 | (3) Institute other procedures necessary to establish |
25 | and operate the pilot program in accordance with the |
26 | provisions of this act. |
27 | (4) Charge students a fine for any late, lost or damaged |
28 | books, as determined by the pilot program, provided that |
29 | students may not be charged a fine for normal college |
30 | textbook wear and tear. |
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1 | Section 7. Electronic versions of college textbooks. |
2 | (a) General rule.--No later than January 1, 2020, an |
3 | individual, firm, partnership or corporation that publishes |
4 | college textbooks offered for sale at institutions of higher |
5 | education shall, to the extent practicable, make the college | <-- |
6 | textbooks available, in whole or in part, for sale in an |
7 | electronic format. The price at which the electronic version of | <-- |
8 | the college textbook is made available shall not be greater than |
9 | the price charged for the printed version. The electronic |
10 | version of any college textbook shall contain the same content |
11 | as the printed version and may be copy protected when | <-- |
12 | commercially reasonable. |
13 | (b) Construction.--Nothing in this section shall be |
14 | construed to authorize any use of instructional materials that |
15 | would constitute an infringement of copyright under Federal law. |
16 | (c) Definition.--For purposes of this section, "college |
17 | textbook" means a book, not including a novel, that contains |
18 | printed material and is intended for use as a source of study |
19 | material for a class or group of students, a copy of which is |
20 | expected to be available for the use of each of the students in |
21 | that class or group. |
22 | Section 8. College textbook adoption policies. |
23 | (a) General rule.--An institution of higher education may |
24 | implement policies, procedures and guidelines that promote |
25 | efforts to minimize the cost of college textbooks for students |
26 | at the institution while maintaining the quality of education |
27 | and academic freedom. The policies, procedures and guidelines |
28 | shall ensure that: |
29 | (1) The adoption of a college textbook by a faculty |
30 | member is made with sufficient lead time so as to confirm |
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1 | availability of the requested materials and, where possible, |
2 | ensure maximum availability of used college textbooks. |
3 | (2) (i) During the college textbook adoption process, |
4 | the intent to use all items ordered, particularly each |
5 | individual item sold as part of a bundled package, is |
6 | affirmatively confirmed before the adoption is finalized |
7 | by the faculty member. |
8 | (ii) If the faculty member does not intend to use |
9 | each item in a bundled package, the faculty member shall |
10 | notify the bookstore, and the bookstore shall order the |
11 | individualized items if: |
12 | (A) Procurement of the individualized items is |
13 | cost effective for both the institution and the |
14 | students. |
15 | (B) The individualized items are made available |
16 | by the publisher. |
17 | (3) Faculty members affirmatively acknowledge the quoted |
18 | retail price to the bookstore of any college textbook |
19 | selected for use in each course. |
20 | (4) Faculty members are encouraged to limit their use | <-- |
21 | shall give due consideration to both the educational value | <-- |
22 | and cost of new edition college textbooks and any | <-- |
23 | supplemental materials when previous editions do not |
24 | significantly differ in a substantive way, as determined by |
25 | the appropriate faculty member. |
26 | (5) Required or assigned college textbooks are made |
27 | available to students who are otherwise unable to afford the |
28 | cost. |
29 | Section 9. College Textbook Policies Advisory Committee. |
30 | (a) Establishment.--A standing committee of the State Board |
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1 | of Education to be known as the College Textbook Policies |
2 | Advisory Committee is established. The Department of Education |
3 | shall provide staff support for the advisory committee. |
4 | (b) Membership.--The advisory committee shall be comprised |
5 | of: |
6 | (1) The Deputy Secretary for Higher Education of the |
7 | Department of Education or a designee. |
8 | (2) The chairman of the State Board of Education Higher |
9 | Education Council or a designee. |
10 | (3) One faculty member representing the State System of |
11 | Higher Education as recommended by the Chancellor of the |
12 | State System of Higher Education. |
13 | (4) One faculty member representing each of the State- |
14 | related institutions as recommended by the chancellors of the |
15 | State-related institutions. |
16 | (5) One faculty member representing community colleges |
17 | as recommended by the Commission for Community Colleges. |
18 | (6) One faculty member representing private and |
19 | independent colleges and universities as recommended by the |
20 | Association of Independent Colleges and Universities of |
21 | Pennsylvania. |
22 | (7) The chairman and minority chairman of the Education |
23 | Committee of the Senate and the chairman and minority |
24 | chairman of the House of Representatives or their designees. |
25 | (8) Six members appointed by the chairman of the State |
26 | Board of Education as follows: |
27 | (i) One member representing college bookstores. |
28 | (ii) One member representing textbook publishers. |
29 | (iii) Four student members representing college |
30 | students, of whom one must attend a State System of |
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1 | Higher Education institution, one must attend a |
2 | State-related institution, one must attend a community |
3 | college and one must attend an independent or private |
4 | college or university within this Commonwealth. The |
5 | student members shall be appointed, respectively, by the |
6 | chairman from a list of students recommended by the |
7 | Chancellor of the State System of Higher Education, the |
8 | chancellors of the State-related institutions, the |
9 | Commission for Community Colleges or the Association of |
10 | Independent Colleges and Universities of Pennsylvania. |
11 | (c) Recommendations.--The advisory committee shall examine |
12 | national and international efforts relating to college textbook |
13 | affordability and accessibility and make recommendations that: |
14 | (1) Ensure that students have access to affordable |
15 | course materials by decreasing costs to students and |
16 | enhancing transparency and disclosure with respect to the |
17 | selection, purchase, sale and use of course materials. |
18 | (2) Identify ways to decrease the cost of college |
19 | textbooks and supplemental materials for students while |
20 | supporting the academic freedom of faculty members to select |
21 | high quality course materials for students. |
22 | (3) Encourage college textbook publishers and |
23 | distributors to work with faculty to promote understanding of |
24 | the cost to students of purchasing faculty-selected college |
25 | textbooks, including the disclosure of prices and bundling |
26 | practices. |
27 | (4) Encourage innovation in the development and use of |
28 | course materials, including open-source college textbooks and |
29 | other open-source educational resources, that can help |
30 | students receive the full value of their educational |
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1 | investment without excessive cost. |
2 | (5) Ensure that faculty members are informed of accurate |
3 | and relevant pricing information for course materials and |
4 | that students are protected as a consumer group. |
5 | (6) Make recommendations to the General Assembly and the |
6 | State Board of Education to strengthen existing Federal and | <-- |
7 | State laws and regulations and to propose any additional and | <-- |
8 | necessary State laws and regulations. |
9 | (d) First meeting.-- The advisory committee shall hold its |
10 | first meeting within 60 days of the effective date of this |
11 | section. The advisory committee shall meet at least once |
12 | quarterly. Members of the advisory committee shall serve without |
13 | compensation. The deputy secretary for Higher Education of the |
14 | Department of Education shall serve as committee chair. |
15 | (e) Report.--No later than 18 months after the effective |
16 | date of this section, the advisory committee shall make a report |
17 | to the State Board of Education that outlines its findings and |
18 | recommendations. The report shall also be delivered to the |
19 | Governor's Office, members of the Education Committee of the |
20 | Senate and members of the Education Committee of the House of |
21 | Representatives. The report shall be updated every three years |
22 | and may also be posted on the Department of Education's Internet |
23 | website. |
24 | Section 10. Effective date. |
25 | This act shall take effect July 1, 2010. | <-- |
26 | This act shall take effect as follows: | <-- |
27 | (1) This section shall take effect immediately. |
28 | (2) Sections 1, 8 and 9 shall take effect September 1, |
29 | 2009, or immediately, whichever is later. |
30 | (3) The remainder of this act shall take effect July 1, |
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1 | 2010. |
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