Lawmakers vote down motorcycle helmet bill
State

Lawmakers vote down motorcycle helmet bill


By Mal Leary
Capitol News Service

AUGUSTA, Maine — Maine motorcyclists can continue to decide whether to wear helmets when they ride, with the Senate defeating a measure on Thursday to require helmets.

The vote was 25-9 and the House defeated the bill earlier in the week.

“We take our freedoms too much for granted in this country,” Sen. Elizabeth Schneider, D-Orono, told the Senate in opposing the bill. “It’s picking away at those fundamental freedoms we too often take for granted. I think this should be considered one of those freedoms.”

She said motorcyclists should wear helmets when they ride, but it should be an individual decision. Schneider also denounced the mandatory seat belt law as an infringement on individual liberty.

Sen. Dennis Damon, D-Trenton, said the seat belt law has saved lives and reduced injuries and is a good reason to support a helmet law.

“We hear this refrain of let those who ride decide,” he said. “We heard it at the hearing, but at what cost?”

As at the public hearing in April, there were several leather-clad members of motorcycle clubs in the halls of the State House lobbying lawmakers to defeat the bill.

Damon said the testimony at the public hearing overwhelmingly showed that using a helmet would reduce deaths and injuries. He said the cost to society was demonstrated at the hearing with testimony about one accident in which a Mainer that had not been wearing a helmet died after a long hospitalization.

“His total costs, born by the state of Maine, by you and me, was in excess of $10 million,” Damon said.

Sen. Lisa Marrache, D-Waterville, a family practice doctor, also supported the bill. She said all the medical studies she has read indicate wearing safety gear saves lives and reduces the severity of accidents when they do occur.

“Not wearing a helmet puts you at an incredible risk of head injury,” she said. “You may survive it, but you will not be normal afterwards.”

Sen. Stan Gerzofsky, D-Brunswick, a motorcycle enthusiast, argued there are risks in walking across the main street of many towns in Maine, and that individuals decide what risks they will take all the time.

“Remember, we all get to choose,” he said. “Whether it is an inalienable right or a privilege, how we conduct our lives. That’s what this bill is all about.”

Several senators said the medical expenses are only one of the costs to society with loss of economic activity from individuals killed or badly injured also a serious consideration.

Sen. Deborah Simpson, D-Auburn, said she was surprised to find the military urging passage of helmet laws. She was surprised at the losses the military is experiencing as the result of motorcycle accidents.

“More Marines died in motorcycle accidents last year than died in Iraq and Afghanistan,” she said.

Twenty states and the District of Columbia have laws requiring use of helmets by adults; 17 states, including Maine, have laws requiring some younger motorcyclists to wear helmets, and three states have no helmet laws at all.

Gov. John Baldacci has signed into law a measure sponsored by Rep. Emily Cain, D-Orono, that requires motorcycle operators or their passengers under age 18 to wear a helmet.

The law already requires helmets for those under 15 years old. A law requiring helmet use by all was repealed in 1977. The age 15 and under provision was added in 1983.

While the issue is dead for this legislative session, both sides expect another helmet bill will be before lawmakers in the future.

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Comments
44 comments on this item

very well ,i was waiting for this ,i choose not to wear a @@$# seatbelt ,I RIDE I DECIDE ,,,where was elizabeth schneider when that crap was pasted ,

It's all about choices. You have to be prepared to be accountable for your choice and any consequences that may come from it. Not exactly excited about spending my tax dollars to pay for someone else's medical care, but also not excited about having yet another government "it's for your own good" law jammed down our throats either. I'm not on either side on this one. As an emergency responder I see the merits of helmets, but on the other hand, where do the regulations end? I don't wear a helmet normally while ATVing by choice, but I don't ride like an A-hole either.

Yes, Let those who ride decide. Just make sure that they take full responsibility for their decision. Just make a law that says that no insurance company has to cover someone not wearing a helmet and make our insurance unaffordable and that no hospital or doctor can render care and charge the rest of us for it. It is interesting that same folks who champion individual liberty to decide are often the same ones who refuse to take responsiblity for the results of their decisions. If they are willing to die without treatment, it is only fair to let them decide. Just do not ask the rest of us to pay for their stupidity.

By the way, I ride and wear a helmet and armor. Saved my noggin once already when a meat head in a pickup made a left in front of me. Made me a believer.

Tea time with Governor goes a long ways...

If you want to ride without a helmet, you should be able to decide to sign a waiver stating that you or your direct family will be totally responsible for all head injuries in case of an accident. You absolve all others of any responsibility for your care. If your family or you run out of money to pay for your medical or life support costs, you are to be left to your own devices to survive as best you can.

We as tax payers and insurance payers (who are effected by increased rates for free loaders), should have the option to decide NOT to pay for your decision to not wear a helmet.

As someone who survived a motorcycle crash that wore a hole the size of a quarter in the top of a brand new Bell 500 helmet in 1970, with nothing more than aches and pains and a bum thumb for a while. I can honestly say that a helmet saved my life.

Those of you who decide to ride with out a helmet, please also decide to sign organ donor cards.

Right on patom1 and localyokel

Half you people would let the government tell you what to do all the time. Sad.

If I'm made to wear a helmet, shouldn't the doctor in the convertable Beemer be made to wear one too? How about the kid's in the mini van? What if you slip in the tub? Should we have helmets there too? Heres an idea Senators, make some laws to go after the crooks and pervs....

"His total costs, born by the state of Maine, by you and me, was in excess of $10 million,” Damon said.

You idiot, Damon, that's because you and your lackeys keep health care costs skyrocketing.

Sounds all good people, so if you get in your car and get in an accident you too will sign a wavier and pay all your bills? If you fall off your house fixing your roof and because you weren't wearing a safety harness, using staging and break your back you will pay all the bills? If you get drunk and fall down and break your head, you'll pay all your bills? . How about when your kids have MS, MD or are Autistic or some other health issue you all want a hand out, free wheel chairs, meds, schooling. What I'm hearing is it's not right for people on motorcycles to recieve back their tax dollars if they don't wear a helmet but the rest of you should because what you don't do safely is ok if it doesn't apply to you it's wrong.

I personally think people in cars should wear a helmet as most injuries are to the head. Many accidents on motorcycles are caused by your pets running loose, your trash you threw in the road, your lack of attention while driving your car. And what about the person on the riding lawn mower, I've watched people going up steps banks almost going over backwards or going sideways and almost rolling over and no helmet. Kids running in the yard while parents are mowing where are their helmets, they could take a rock in the eye. How about the person with the chain saw, where's their helmet. Why are kids and adults climbing up trees without helmets and safety harness's? I could point out thousands of examples or reason to wear a helmet but where would it end? Wearing one in the shower in case you slip and fall? While out hunting so you don't get a branch in the eye? Cooking in case you lean to far and fall into the oven?

You all use your children as a tax shelter, at the tune of over $165,000.00 per child during their minor years about half a million dollars for 3 kids from the tax payers who don't have kids. How about giving that up? I can't mention welfare cost as there isn't enough room to write all the commas and zero's here.

To the fellow they used as an example at the tune of 10 million dollars, that is such B.S. and I would say the problem with that is OVERCHARIGING for medical care.

This keeps getting better and better. You people that think that these so called "motorcycle accidents" are accidents? Most of them are not accidents at all. they can be prevented. Most of them involve either riders under the inluence of "something", or riders going too fast on roads that theyare not familiar with. these kinds of "accidents" have nothing to do with wearing helmets or not. Rider education should be what we are focusing on here. COMMON SENSE,something a lot of US are lacking these days. I ride, and sometimes I wear a helmet and sometimes I dont, but I always try to implement common sense. "TRY" BEING THE KEY WORD HERE. Most of us that do ride, are very aware of the dangers and do use good judgement. Dont let the ones who dont, ruin it for the ones who do.

Scintillate, ain't nothing free, the schooling, meds etc. that you listed for the victims of MS, MD or Autism all cost money. The victims really didn't have the option of wearing a helmet to protect themselves from these maladies. The number of people who have head injuries in accidents while riding motorcycles are fairly high. If I and you are required to wear seat belts while driving I would think it's a small matter to have a helmet on while driving a motorcycle. Are there any waivers listed on your insurance policies regarding helmet usage?

Some interestingly diverse comments here on this one. I wrote a blog post back in March when they were debating this helmet law:

Who is pushing these helmet laws?

With the recent death of Natasha Richardson, there is a renewed push toward requiring helmets at ski resorts. This mirrors a similar issue in Maine, where the state legislature is considering various bills aimed at a motorcycle helmet law.

What I can't figure out is who is behind these movements to require helmets during activities that place the participant at risk of a head injury? Helmets aren't exactly a secret invention, known only to a select few, so those not wearing them have made a choice based on their own perceived risk. It seems unlikely that they are now asking for a law to require something they already shun. Is it the helmet-wearers, trying to force their own ideas on others? Possibly. Is it people who don't even participate in these sports, but seek to dictate everything to everyone? Probably.

It is amazing that any of us survived childhood during the 50's, 60's, 70's and 80's, given the overall lack of various safety equipment during those times. Can you imagine kids riding bikes without full body armor or cars without seatbelts and ABS? It must have been total carnage back then. But wait, most of us did survive!

I have to admit that I snowboard and wear a helmet. I ride a motorcycle...and wear a helmet. I ride bicycles...and wear a helmet. Clearly I am pro-helmet, but I don't feel the need to force my ideas on others. If they want to wear a helmet, great. If not, fine with me.

If we are really concerned about safety and protecting people from head injuries, let's legislate where we get the most bang for our buck. Ever watch NASCAR or Indy racing? They are driving cars with racing harnesses and helmets. Statistics suggest that nearly half of all brain injuries requiring hospitalization result from motor vehicle accidents. Why don't we pass a law requiring helmet use when driving a car? Because drivers represent a huge and politicially powerful segment of the population and helmets would be deemed an inconvenience, while minority groups such as skiers and motorcyclists are political pushovers.

Sidewalks and driveways are pretty slick here in Maine this time of year, so maybe the time has come for a walking helmet. Could be the next big invention!

You people are insane. a WAVIER?!?! are you serious?? If someone hits you they are responsible HELMET OR NOT. Helmets dont ALWAYS save lives just like seatbelts don't. If you don't ride you shouldn't have a say in what bikers do.

I agree that if you aren't wearing a helmet your insurance company shouldnt have to pay damages.

Where were these idiots when they passed the seatbelt law in Maine? NOT defending your right to choose!

Where were these idiots when they passed the seatbelt law in Maine? NOT defending your freedom/right to choose!

If the helmet law was put in front of the voters the way seatbelts were it would be a law already.

OK. SO we have to wear seatbelts in our cars, but not a motorcycle helmet? More BS from the morons in Augusta.

yeah well we shouldn't have to wear seatbelts. NH seems to be doing just fine.

I find it incredulous that the fools, who claim to represent the people of Maine, would pass a law requiring the wearing of helmets when operating ATV's, snowmobiles and kids riding bicycles, but NOT when operating/riding motorcycles. Absolutely absurd, and hypocritical.

That said, to those of you who harbor the "let those who ride, decide" mentality, I offer this: ignorance is bliss. And when you crash, and what little brains you have left is oozing from the remails of your head, let's us hope your last thought would be "Maybe I should have worn a helmet."

I have been riding Harleys my entire adult life, and for seven of those years, I rode police Harley's in Florida and spent many a day, scraping the remains of riders off the pavement who were not wearing helmets after FL repealed their helmet law. FL has (as have many other states) resurected their helmet law, and WOW, less fatalies from head injuries.

But then, let those who ride decide.....to die.

Did I read this correctly? The nanny state has, for once, decided to leave people alone to make their own decisions? WOW!

I agree with you olmainer, I RIDE I DECIDE if I want to wear my seatbelt, I also feel if we have to wear our seatbelts they shoud wear their helmets. My sister works in the brewer trauma unit and sees motorcylce accident victims all the time cause they dont wear a helmet and they crush their heads,and now they are paralyzed.The law should be the same for both helmets and seatbelts theres no difference between them they are supposed to save lives.

patom1, i also ride and thank god i have not had an accident but i just can not wear a helmet as it distracts me more than it helps. but let me ask you, do you think that they would bring down the cost of insurance, or taxes or hospital stays. no, no and no. they will still demand more money and then go after other personal freedom laws. what next, can't open your car windows, no convertibles. no radio or music in the car to distract you. it never ends is the point i'm trying to make.

Regarding 7:04 am (Many accidents on motorcycles are caused by your pets running loose, your trash you threw in the road, your lack of attention while driving your car.) I hope you truly don't believe crap like this...

Re: 7:37 am (Rider education should be what we are focusing on here. COMMON SENSE,something a lot of US are lacking these days.) EXACTLY!!!

vchapes...I think many are insane, you nailed it!

YOU RIDE YOU DECIDE should apply to cars too. I completely agree with that statement!!!

I would wear a helmet on my lawnmower before a helmet on a bike.... I crashed my lawnmower into a bridge once. it was painful...

There was a day when we fell out of trees, and lived, we road in cars with no seat belts, and lived, we road our bicycles with no helmets, and lived, we even road in the back of trucks, and lived... hooray for this vote. People need to realize that danger and accidents are around every corner, but to live in fear is to not live at all. Responsible people who ride or drive anything are not the problem, do not punish them with your rules and regulations. Don't let the chosen few, many who have never riden, decide our lives. Thanks for caring, but let those who ride decide.

patom1 the point is this people think if they don't ride a motorcycle (or apply it to anything really) then the people who do are wrong and do not deserve the same treatment as they would if they fell off their roof or atv. People always think only their way is the right way. I want to know why it is if you do an unsafe act and get injured why should you get help and not someone on a motorcycle?

No to the insurance. I voted against the seatbelt law, I felt that was a choice issue like I do a helmet and like I do safety gear for other situations.

Maybe some one with MD or MS or Autisim couldn't be saved by a helmet but still people feel that the taxpayer should carry the bill. I'm not un-educated or in sensitive to these people, my grandparents took in kids handicapped from birth or by accident or by abuse from their parents. My grandparents took money out of their pockets to help these kids and adults. But the taxpayer is supporting them because the family wouldn't for whatever reason and thats ok? Again the point is what difference does it make which group should or should not get help? She was accidently born with autisim ,he accidently had an accident and got hurt. So maybe the woman shouldn't have had a kid since autisim runs in the family, maybe if he had a helmet on.

Motorcycle riders don't have as much protection as you do in a car but I have to say I've lost more friends and family in cars accidents with head injuries then I have from motorcycle accidents. I did say yes there are fools out there driving in unsafe manners and I don't want to be near them. Every single close called I've had is from someone in a car either crowding me onto the shoulder or off the road, up on a sidewalk or my favorite pulling out in front of me left hand turning into me. I have come into intersections and looked the driver in the eye and they still don't see me and pull out.

I have riden on motorcycles and dirt bikes since I was 3 years old and I"m now in my middle 50's, I have been in one accident, a left hand turning car and I came out of it in one piece lots of scrapes and bruises. I was not wearing a helmet which was good other wise the woman would have dragged me to her house. I saw a fellow hit a car, the car ran a stop sign and he went head first into the side of the car, good thing he was wearing a helmet. Sometimes a helmet is a good thing, sometimes it's the death of you and until the crazy driving motorcyclist figure it out and people in cars start paying attention there's always going to be accidents,injuries and death with or without a helmet.

My mother got in a car accident the bag opened busted up her face and she still is suffering from head aches. I could say if she'd been wearing a full faced helmet this wouldn't have happened.The force of the bag could have driven the helmet into the back of her neck and broke it and she'd have been a veg from the neck down or died, but then maybe it was better that she didn't have a helmet on.

When I'm on my motorcycle I look at every person in every car as trying on purpose to kill me so they can say see if you had a helmet on your legs wouldn't have been torn off and never, never do they say, why didn't I come to a complete stop and really look before I pulled out, oh yes it's their fault I ran over them because they didn't have a helmet on.

Kayla21 I voted against the seatbelt law because I felt that was a choice, because without a law there's still a seat belt there for you to use, if you so choose. But then again there are less motorcyclist then there are auto drivers, so that wouldn't be a fair vote now would it? I always try to think ,when laws are trying to be passed ,even tho it doesn't apply to me ,do I have a right to tell anyone what to do? No, the answer is no I do not. If my only education on the subject is an over blown story in a newspaper then I either find out about it or don't vote in favor of making it a law.

Even if you are wearing a helmet, and get into an accident, your noggin might be okay, but what about internal injuries for the rest of your body? Helmets don't always save lives, just like seat belts don't always save lives. Some people prob could've had a CHANCE at living in an automobile accident if they we NOT wearing their seatbelt. I know of a teacher that got into a motorcycle accident many years ago, she was on back with her husband. (who was a cop) and she was wearing a helmet, and she still ended up with brain damage, they thought she was going to be a vegetable, but she fought it, however now she can never teach again, b/c she lost her memory. She's a wondeful person, but sometimes bad things happen to good people. I am a believer that everything happens for a reason, and when it's your time to go, it's your time to go, and you can't change it. What's meant to be will be.

couldn't be more true, downeastFF

Awful lot of comments on the helmet law, as always: pro, con, ideas with merit, silly ranting and everything in between... I'm an ER nurse: been doing it since the early 80's. I also ride motorcycles and have a couple of Harley Davidson Sportsters. Matter of fact, I was riding motorcycles (with a helmet, always) even before I was an ER nurse and, at one point, while living in Boston. Of course, back then in the 1970's and 1980's, Boston traffic was usually crawling then as it is now, but I digress...

I've been involved in the care of many a motorcyclist from collisions and/or accidents: both with and without helmets with injuries ranging from minor road rash to some pretty ugly stuff - both fatal and non-fatal. I'd prefer that people wear helmets and reduce their risk of head injury but I also will acknowledge that it is a personal choice, by law. Yes, as a society we pay a lot for the care of someone with permanent injuries the result of motorcycle accidents - both in the loss of individual potential that was interrupted and also in monetary terms. And there is a lot of heartache borne by families, loved ones and friends as a result. But we also, as a society, pay for injuries from other things such as alcohol and drug-related injuries, industrial, agricultural and injuries from just plain bad luck. Here's the thing: as a contemporary comedian says: "Ya just can't fix stupid" So I guess, to me, the whole argument boils down to this: the choices the individual makes and the serendipitous nature of chance. I'll still be cleaning and disinfecting road rash and occasionally filling body bags. The price of freedom is not cheap but the price of stupidity is quite high.

I am certainly not downing anyone's right to post whatever they want but some of these "comments-gone-teaching-seminars" are (in my opinion) would make more sense as blogs or letters to the editor, etc. Going throught them all is just crazy... I don't mean to be nasty (said the same thing in the "drug article") but once a "comment" is OVER 20 lines, it's not a comment. Sorry, just saying.

Scintillate - did you seriously just compare a child diagnosed with Autism to be on the same scale as a rider who *chooses* to not wear a helmet and then sustain a head injury that incurs millions of dollars in medical costsfor us to pay for? That's just incorrigible.

Bottom line - if you dont have health insurance to pay for your poor decisions, then stop making them. With every freedom comes responsibility. We cry foul when we feel our freedoms are encroached upon, yet we rally against accepting responsibility when those freedoms cause hardship.

To all who state here that "high medical costs" are the reason why people cant pay, please remember insurance costs in this country are based on a "pool of insured" and their respective claims. A person who chooses to not wear a helmet, gets in an accident, and sustains long-term rehabilitation or even life-long disabilities for which they have no or inadequate insurance coverage to pay the costs i"in full" drives up the cost of providing medical care because hospitals lose money when they are forced to write it off.

In my opinion, people who make such poor decisions should be subject to losing whatever they have to help cover the costs. We take away cars, boats, motorcycles, sometimes homes for those that file bankruptcy -- losing things to cover costs YOU created isnt a foreign concept in this country. The data proves that nearly 80% of people who have filed bankruptcy NEVER file bankruptcy again in their lifetime -- i.e. they take responsibility to not get themselves in that situation again. Most people have learned from their poor fiscal decisions after having to humble themselves and be reduced to near nothing.

In most cases these helmet-less accidents and the injuries are preventable - wear a helmet. It isnt my or my kids' issue that a person shows poor judgment - why should we have to pay for your bad decision? We are so focused on the rights, freedoms, liberty and justice for the perpetrators of ill-will, it drives me crazy. We advocate for reduced or laughable prison sentences for people who perp on others and take away *their* rights to live and be productive citizens of our country. It's time to stop enabling poor judgment and behavior and start making people think twice about the risks they are choosing to incur. You play, you pay - its really that simple.

dennis damon is a terrible legislator. every dumb piece of legistation has his name on it. how the people in the elsworth area keep electing him is beyond me.

my biggest issue with his is regarding taxes. he doesn't pay his taxes yet he has he pom poms out in support of the gas take.

Let those who ride decide. But they don't get to decide I pay more for it. Write the law so they have the freedom I would demand while not limiting mine, which they wouldn't tolerate.

I guess a good thing.

.

Otherwise some day they'll pass a law requiring helmets when you ride in a car, too.

It is amazing to me the rights that people demand in the name of the constitution. I have a right to decide to wear a helmet, I have a right to decide to wear a seat belt. People those are not rights. Using that logic I could say, I have the right to drive my car as fast as I want and where I want. Those are all privileges. Having a drivers license is a privileged not a right, having a motorcycle license is a privilege not a right. Motorcyclist should wear helmets just like we wear seat belts. In the very least there should be an age limit for mandatory enforcement.

Johnsod: you're missing the point. You have those rights except the right to drive your car as fast as you want because that does interfere with my rights. The others don't, unless it drives a higher insurance or tax bill to me. That's why I say that helmets shouldn't be mandatory, but the law should indemnify me from the higher costs of THEIR head injury.

Yes there should be an age limit. Not 18 either....

I'll sign a waiver stating I'm fully resposible for my medical bills, but only if I'm the only one at fault if my bike gets laid down! But when some idiot driver not paying attention broadsides me, or some young inexperienced new driver in mommys car feels the need to blow by me at a 100, causing all kinds of azz puckering moments, your ridiculous idea of a "waiver" goes right out the window!!

Most motorcycle accidents happen due to other vehicles NOT paying attention and broadsiding bikers, road hazzards such as trash, loose dirt or animals in the road, and young inexperienced riders who need to ride their crotch rockets at warp speed (which there are helmet provisions in place for) or of course when alcohol/drugs are involved. Most bikers I know are VERY safe riders who have thousands of miles of riding experience. No one "wants" to have an accident and its ridiculous to single out bikers as there are numerous other life choices that cost tax payers far more than motorcycle accidents.

I'll put on my helmet when the rest of you quit smoking and put down the goddamn twinkies!!!

Johnsod, if you're going to question Maines helmet laws at least do your research first. Maine already HAS helmet provisions in place for those under 17, permit holders, and riders who have not had a license for at least a year. The law states these riders MUST wear a helmet and I've yet to meet anyone who doesnt agree with the provisions already in place, but we do NOT need any more nanny laws.

Meanwhile Tom Sawyer and Huck Finn were arrested for not having proper safety equipment on their raft. Among the items missing were lifejackets, helmets, cold weather suits and locator beacons.

There is clearly more lobbying for motorcyclists then anyone else. Can't drive a car without a seatbelt. Can't drive your kids around without a car seat. Can't smoke in a vehicle (but can in a house-as if THAT makes any f&*%ng sense) with kids. Can't ride bike, ATV, or snowmobile without a helmet if you're under 16. Can't put cherrybombs in a vehicle legally but Harley's are so damn loud that they scare the sh*& out of everyone when they drive by. WTF already duh? All about the lobbyists and their money. It's ok though for motorcycles to drive 100 down the road and pass 6 or 7 cars, or ride the center line because they are doubled up. Personally I don't give two sh*ts what someone else does with their head or whether or not they want to wear a seatbelt. Just give people the information and choice and if they are stupid that's their problem. As far as laws to protect the children......stupid parents don't follow the laws anyway.

johnsod, you did bring up a good point. The only right involved on this issue seems to be to wear a helmet or not. Driving on the highways in any vehicle is a PRIVILEGE. Which can be revoced or restricted for not following the law.

For some of you bikers that think that you are the only ones at risk on the highways, again you are being selfish. You are not the only people on the highway. In my lifetime I have logged over 50,000 miles on a motorcycle. Close to 3,000,000 miles in a truck and at least another million or more in cars. In that time I have developed a habit of thinking everything is a potential threat. It didn't happen overnight, it takes time.

Truthfully. I wear a helmet but stand with those who don't. People here cry they don;t want to be responsible for anothers medical bills. DO YOU HAVE ANY IDEA HOW MUCH OF YOUR MONEY OS SPENT ON ILLEGAL ALIENS AND WELFARE?? Rant filter off.

Better my money be spent on a Red Blooded American than a illegal or a lazy individual

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