Session Law

Identifying Information:L. 2001 ch. 126
Other Identifying Information:2001 House Bill 2131
Tax Type:Tire Tax
Brief Description:An Act concerning waste tires; amending K.S.A. 2000 Supp. 65-3424, 65-3424a, 65-3424b, 65-3424d, 65-3424g, 65-3424k, 65-3424m and 65-3426 and repealing the existing sec- tions; also repealing K.S.A. 2000 Supp. 65-3424f.
Keywords:


Body:

CHAPTER 126

HOUSE BILL No. 2131

(Amended by Chapter 167)


An Act concerning waste tires; amending K.S.A. 2000 Supp. 65-3424, 65-3424a, 65-3424b,

65-3424d, 65-3424g, 65-3424k, 65-3424m and 65-3426 and repealing the existing sections; also repealing K.S.A.

2000 Supp. 65-3424f.




Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2000 Supp. 65-3424 is hereby amended to read as

follows: 65-3424. As used in K.S.A. 65-3424 through 65-3424i, and

amendments thereto, unless the context otherwise requires:

(a) Terms have the meaning provided by K.S.A. 65-3402, and amend-

ments thereto.

(b) ``Abatement'' means the processing or removing to an approved

storage site of waste tires which are creating a danger or nuisance.

(b) (c) ``Beneficial use'' means the use or storage of waste tires in a

way that creates an on-site economic benefit, other than from processing

or recycling, to the owner of the tires.

(c) (d) ``Contaminated waste tire'' means a tire which, as determined

in accordance with rules and regulations adopted by the secretary, is re-

covered in a project to abate a waste tire accumulation and is so coated

by or filled with dirt, mud, sludge or other natural substances as to render

the tire substantially unsuitable for processing.

(d) (e) ``Landfill'' means a disposal site in which the method of dis-

posing of solid waste is by landfill, dump or pit and which has a solid

waste disposal area permit issued under K.S.A. 65-3401 et seq., and

amendments thereto.

(e) (f) ``Mobile waste tire processor'' means a person who processes

waste tires at other than a fixed site.

(f) ``Municipal landfill'' means a landfill where residential waste, or

residential and other nonhazardous waste, is placed for disposal.

(g) ``Person'' means any individual, association, partnership, limited

partnership, corporation or other entity.

(h) (g) ``Process'' means bale or: (1) Cut or otherwise alter whole

waste tires so that they are no longer whole; or (2) bale for disposal or

beneficial use.

(i) ``Secretary'' means the secretary of health and environment.

(j) (h) ``Store'' or ``storage'' means the placing of waste tires in a man-

ner that does not constitute disposal of the waste tires. Storage includes

the beneficial use of waste tires as silo covers and such other beneficial

uses as the secretary determines do not create health or environmental

risks.

(k) (i) ``Tire'' means a continuous solid or pneumatic rubber covering

used to encircle the wheel of a vehicle or aircraft, or an innertube of such

a covering.

(l) (j) ``Tire retailer'' means a person in the business of selling new or

used replacement tires at retail.

(m) (k) ``Used tire'' means a tire that: (1) Has been removed from a

wheel following a period of use or remains on a wheel removed from a

vehicle or aircraft following a period of use; and (2) has been determined

to have value in accordance with rules and regulations established pur-

suant to subsection (e)(7) of K.S.A. 65-3424b, and amendments thereto.

(n) (l) ``Vehicle'' has the meaning provided by K.S.A. 8-1485 and

amendments thereto and includes implements of husbandry, as defined

by K.S.A. 8-1427 and amendments thereto.

(o) (m) ``Waste tire'' means a whole tire that: (1) Has been removed

from a wheel following a period of use or remains on a wheel removed

from a vehicle or aircraft following a period of use; and (2) is no longer

suitable for its original intended purpose because of wear, damage or

defect.

(p) (n) ``Waste tire collection center'' means a site where used or

waste tires are collected from the public or from customers of a business

prior to being offered for recycling or disposal.

(q) (o) ``Waste tire processing facility'' means a fixed site where equip-

ment is used to process waste tires.

(r) (p) ``Waste tire site'' means a site at which 1,000 or more whole

waste tires are accumulated. ``Waste tire site'' does not include: (1) A site

that is an integral part of a permitted waste tire processing facility; (2) an

accumulation of tires on the premises of a tire retreading business, for

use in the business; (3) an accumulation of tires on the premises of a

business that, in the ordinary course of business, removes tires from mo-

tor vehicles; or (4) an accumulation of tires on the premises of a tire

retailer, accumulated in the normal course of the tire retailer's business;

or (5) an accumulation of tires which has a beneficial use approved by

statute or rules and regulations adopted by the secretary, or by the sec-

retary pursuant to statute or rules and regulations.

Sec. 2. K.S.A. 2000 Supp. 65-3424a is hereby amended to read as

follows: 65-3424a. (a) The owner or operator of any waste tire site shall

provide the department with information concerning the site's location

and size and the approximate number of waste tires that are accumulated

at the site.

(b) No person shall:

(1) Maintain a waste tire site unless such person holds a valid permit

issued for such site pursuant to K.S.A. 65-3424b and amendments

thereto;

(2) dispose of waste tires in the state unless the waste tires are dis-

posed of for processing, or collected for processing, at a solid waste proc-

essing facility, a waste tire site which is an integral part of a waste tire

processing facility, a waste tire processing facility or a waste tire collection

center or are made available to: (A) The department of wildlife and parks

for use by the department; or (B) a person engaged in a farming or ranch-

ing activity, including the operation of a feedlot as defined by K.S.A. 47-

1501, and amendments thereto, as long as the accumulation has a bene-

ficial use to the person accumulating the tires and (i) the secretary

determines that the use has no adverse environmental effects and (ii) the

accumulation is in accordance with all applicable zoning regulations;

(3) deposit waste tires in a landfill as a method of ultimate disposal,

except that the secretary may authorize, by rules and regulations, may

authorize or by permits issued pursuant to K.S.A. 65-3407, and amend-

ments thereto: (A) The final disposal, before July 1, 1999, of uncontami-

nated of processed waste tires at a municipal landfill if the tires have been

cut into sufficiently small parts to assure their proper disposal; (B) the

final disposal of processed waste tires at a permitted waste tire monofill;

(C) permitted municipal solid waste landfills and permitted waste tire

monofills; (B) the final disposal of contaminated whole, unprocessed

waste tires at a municipal landfill or permitted waste tire monofill; (D)

permitted municipal solid waste landfills and permitted waste tire mon-

ofills; (C) the use of waste tires in their original state as part of a proven

and approved leachate collection system at a landfill; or (E) (D) the use

of waste tires which have been cut into two or more parts as daily cover

material for a landfill; or

(4) receive money in exchange for waste tires unless: (A) The person

holds a permit issued by the secretary pursuant to K.S.A. 65-3424b, and

amendments thereto; or (B) the person is a tire retailer who collects waste

tires from the public in the ordinary course of business.

Sec. 3. K.S.A. 2000 Supp. 65-3424b is hereby amended to read as

follows: 65-3424b. (a) The secretary shall establish a system of permits

for mobile waste tire processors and waste tire processing facilities and

permits for waste tire transporters and collection centers. Such permits

shall be issued for a period of one year and shall require an application

fee established by the secretary in an amount not exceeding $250 per

year.

(b) The secretary shall adopt rules and regulations establishing stan-

dards for mobile waste tire processors, waste tire processing facilities and

associated waste tire sites, waste tire collection centers and waste tire

transporters. Such standards shall include a requirement that the per-

mittee file with the secretary a bond or other financial assurance in an

amount determined by the secretary to be sufficient to pay any costs

which may be incurred by the state to process any waste tires or dispose

of any waste tires or processed waste tires if the permittee ceases business

or fails to comply with this act.

(c) Any person who contracts or arranges with another person to col-

lect or transport waste tires for storage, processing or disposal shall so

contract or arrange only with a person holding a permit from the secre-

tary. Any person contracting or arranging with a person, permitted by the

secretary, to collect or transport waste tires for storage, processing or

disposal, transfers ownership of those waste tires to the permitted person

and the person contracting or arranging with the person holding such

permit to collect or transport such tires shall be released from liability

therefor. Any person contracting or arranging with any person, permitted

by the secretary, for the collection or, transportation, storage, processing

or disposal of such tires shall maintain a record of such transaction for a

period of not less than five years following the date of the transfer of such

tires.

(d) No person shall:

(1) Own or operate a waste tire processing facility or waste tire col-

lection center or act as a mobile waste tire processor or waste tire trans-

porter unless such person holds a valid permit issued therefor pursuant

to subsection (a); or

(2) own or operate a waste tire processing facility or waste tire col-

lection center or act as a mobile waste tire processor or waste tire trans-

porter except in compliance with the standards established by the sec-

retary pursuant to subsection (b).

(e) The provisions of subsection (d)(1) shall not apply to:

(1) A tire retreading business where fewer than 1,000 waste tires are

kept on the business premises;

(2) a business that, in the ordinary course of business, removes tires

from motor vehicles if fewer than 1,500 of these tires are kept on the

business premises;

(3) a retail tire-selling business which is serving as a waste tire col-

lection center if fewer than 1,500 waste tires are kept on the business

premises;

(4) the department of wildlife and parks;

(5) a person engaged in a farming or ranching activity, including the

operation of a feedlot as defined by K.S.A. 47-1501, and amendments

thereto, as long as the accumulation has a beneficial use;

(6) a waste tire collection center where fewer than 1,500 used tires

are kept on the premises;

(7) a waste tire collection center where 1,500 or more used tires are

kept on the premises, if the owner demonstrates through sales and in-

ventory records that such tires have value, as established in accordance

with standards adopted by rules and regulations of the secretary;

(8) local units of government operating solid waste processing facili-

ties and solid waste disposal areas permitted by the secretary under the

authority of K.S.A. 65-3407 and amendments thereto;

(9) a person transporting: (A) Waste tires mixed with other municipal

solid waste; (B) fewer than five waste tires for lawful disposal; (C) waste

tires generated by the business, farming activities of the person or the

person's employer; or (D) waste tires for a beneficial use approved by

statute or rules and regulations adopted by the secretary; or

(10) a business engaged in processing, for resource recovery pur-

poses, only waste tires generated by the business.

(f) All fees collected by the secretary pursuant to this section shall be

remitted to the state treasurer. The state treasurer shall deposit the entire

amount of the remittance in the state treasury and credit it to the waste

tire management fund.

Sec. 4. K.S.A. 2000 Supp. 65-3424d is hereby amended to read as

follows: 65-3424d. (a) In addition to any other tax imposed upon the retail

sale of new vehicle tires, there is hereby imposed on retail sales of new

vehicle tires (excluding innertubes), including new tires mounted on a

vehicle sold at retail for the first time, an excise tax at the following rate:

(1) Before July 1, 2001, $.50 per vehicle tire; and (2) on or after July 1,

2001, $.25 of $.25 per vehicle tire. Such tax shall be paid by the purchaser

of such tires and collected by the retailer thereof.

(b) The tax imposed by this section collected by the retailer shall

become due and payable as follows: When the total tax for which any

retailer is liable under this act does not exceed the sum of $80 in any

calendar year, the retailer shall file an annual return on or before January

25 of the following year; when the total tax liability does not exceed $1,600

in any calendar year, the retailer shall file returns quarterly on or before

the 25th day of the month following the end of each calendar quarter;

when the total tax liability exceeds $1,600 in any calendar year, the retailer

shall file a return for each month on or before the 25th day of the follow-

ing month. Each person collecting the tax imposed pursuant to this sec-

tion shall make a true report to the department of revenue, on a form

prescribed by the secretary of revenue, providing such information as may

be necessary to determine the amounts of taxes due and payable here-

under for the applicable month or months, which report shall be accom-

panied by the tax disclosed thereby. Records of sales of new tires shall be

kept separate and apart from the records of other retail sales made by

the person charged to collect the tax imposed pursuant to this section in

order to facilitate the examination of books and records as provided

herein.

(c) The secretary of revenue or the secretary's authorized represen-

tative shall have the right at all reasonable times during business hours

to make such examination and inspection of the books and records of the

person required to collect the tax imposed pursuant to this section as may

be necessary to determine the accuracy of such reports required here-

under.

(d) The secretary of revenue is hereby authorized to administer and

collect the tax imposed by this section and to adopt such rules and reg-

ulations as may be necessary for the efficient and effective administration

and enforcement of the collection thereof. Whenever any person liable

to collect the taxes imposed hereunder refuses or neglects to pay them,

the amount, including any penalty, shall be collected in the manner pre-

scribed for the collection of the retailers' sales tax by K.S.A. 79-3617 and

amendments thereto.

(e) The secretary of revenue shall remit daily to the state treasurer

all revenue collected under the provisions of this section. The state trea-

surer shall deposit the entire amount of each remittance in the state

treasury and credit it to the waste tire management fund.

(f) Whenever, in the judgment of the secretary of revenue, it is nec-

essary, in order to secure the collection of any taxes, penalties or interest

due, or to become due, under the provisions of this act, the secretary may

require any person charged with the collection of such tax to file a bond

with the director of taxation under conditions established by and in such

form and amount as prescribed by rules and regulations adopted by the

secretary.

(g) The secretary of revenue and the secretary of health and environ-

ment shall cooperate to: (1) Ensure that retailers required to collect the

tax imposed by this section collect such tax on sales of tires for all vehicles,

as defined by K.S.A. 65-3424 and amendments thereto; and (2) develop

and distribute to tire retailers educational materials that emphasize ap-

propriate waste tire management practices.

Sec. 5. K.S.A. 2000 Supp. 65-3424g is hereby amended to read as

follows: 65-3424g. (a) There is hereby established in the state treasury

the waste tire management fund.

(b) Money from the following sources shall be credited to the waste

tire management fund:

(1) Revenue collected from the excise tax by K.S.A. 65-3424d and

amendments thereto;

(2) permit application and renewal fees provided for by K.S.A. 65-

3424b and amendments thereto;

(3) interest provided for by subsection (e);

(4) additional sources of funding such as reimbursements and appro-

priations intended to be used for the purposes of the fund;

(5) any recoveries from abatement and enforcement actions provided

for by K.S.A. 2000 Supp. 65-3424k and amendments thereto; and

(6) any interagency fund transfers relevant to providing business de-

velopment grants for businesses engaged in recycling or utilizing waste

tires in resource recovery programs provided for by K.S.A. 65-3424f and

amendments thereto; and

(7) (6) any other moneys provided by law.

(c) Moneys in the waste tire management fund shall be used only for

the purpose of:

(1) Making grants as provided by K.S.A. 65-3424f, and amendments

thereto;

(2) (1) Paying compensation and other expenses of employing per-

sonnel to carry out the duties of the secretary pursuant to K.S.A. 65-3424

through 65-3424h, and amendments thereto, but not more than the fol-

lowing shall be used for such purpose: (A) For fiscal years beginning

before July 1, 2002, 16% or $200,000, whichever amount is less, of the

moneys credited to the fund during the preceding fiscal year; and (B) for

fiscal years beginning on or after July 1, 2002, 32% or $200,000, which-

ever amount is less, of the moneys credited to the fund during the pre-

ceding fiscal year $250,000 or 36%, whichever is less, of the moneys cred-

ited to the fund during the preceding fiscal year;

(3) action by the department before July 1, 2001, to abate waste tires

accumulated prior to July 1, 1990, or to abate a nuisance or risk to the

public health or the environment created or which could be created by

waste tires accumulated after July 1, 1990, if the owner or operator of the

site has not been identified or has not abated the nuisance;

(4) action by the department before July 1, 2001, to abate waste tires

accumulated by a city or county as a result of a temporary waste tire

amnesty collection program, authorized by the department, to allow res-

idents of the city or county free disposal of waste tires generated by

farming and ranching activities and waste tires not generated in the or-

dinary course of any other business, provided that not more than one

such amnesty program is conducted by the city or county after January

1999; and

(5) action by the department after July 1, 2001, to implement interim

measures to minimize nuisances or risks to public health or the environ-

ment that are or could be created by waste tire accumulations, until the

responsible party or county can fully abate the site

(2) action by the department before July 1, 2003, to abate waste tires

accumulated prior to July 1, 1990;

(3) action by the department to implement interim measures to min-

imize nuisances or risks to public health or the environment that are or

could be created by waste tire accumulations, until the responsible party

can fully abate the site or until a state clean-up occurs pursuant to K.S.A.

65-3424k, and amendments thereto;

(4) action by the department, with the consent of the city or county,

to pay for the removal and disposal or on-site stabilization of waste tires

which have been illegally accumulated after July 1, 1990, or, with respect

to the conditions of a permit issued by the department pursuant to K.S.A.

65-3407 or 65-3424b, and amendments thereto, illegally managed, when

the responsible party is unknown or unwilling or unable to perform the

necessary corrective action, provided moneys in the fund shall only be

used to pay up to 75% of the costs of the required abatement action and

the city or county shall pay the remaining 25% of such costs; and

(5) the costs of using contractors to provide: (A) Public education

regarding proper management of waste tires; (B) technical training of

persons on the requirements of solid waste laws and rules and regulations

relating to waste tires; and (C) services described in subsection (i) of

K.S.A. 65-3424k, and amendments thereto.

(d) All expenditures from the waste tire management fund shall be

made in accordance with appropriations acts upon warrants of the direc-

tor of accounts and reports issued pursuant to vouchers approved by the

secretary.

(e) On or before the 10th of each month, the director of accounts

and reports shall transfer from the state general fund to the waste tire

management fund interest earnings based on: (1) The average daily bal-

ance of moneys in the waste tire management fund for the preceding

month; and (2) the net earnings rate for the pooled money investment

portfolio for the preceding month.

Sec. 6. K.S.A. 2000 Supp. 65-3424k is hereby amended to read as

follows: 65-3424k. (a) Before July 1, 2001, the secretary may undertake

appropriate abatement action and may enter into contracts, including

grant contracts, for abatement of waste tire accumulations, utilizing funds

from the waste tire management fund. After July 1, 2001, the secretary's

actions shall be limited to contractual services to perform interim meas-

ures designed to minimize nuisances or risks to public health or the en-

vironment created by a waste tire accumulation. Before July 1, 2003, the

secretary may undertake appropriate abatement action and may enter

into contracts for the abatement of waste tires accumulated before July 1,

1990, utilizing funds from the waste tire management fund.

(b) Any authorized representative of the secretary may enter, at rea-

sonable times and upon written notice, onto any property or premises

where an accumulation of waste tires is located to conduct an abatement

of the accumulation or to perform interim measures to minimize nui-

sances or risks: (1) An inspection and site assessment to determine whether

the accumulation creates a nuisance or risk to public health or and safety

or to the environment created by a waste tire accumulation; or (2) interim

measures to minimize risk to public health and safety or to the environ-

ment.

(c) Whenever the secretary has reason to believe that an owner or

operator has accumulated waste tires that create accumulation of waste

tires creates a nuisance or risk to public health or and safety or to the

environment or is in violation of rules and regulations adopted by the

secretary or conditions of a permit issued by the secretary, the secretary

may require that owner or operator to abate the accumulation the person

or persons responsible for the accumulation to carry out abatement activ-

ities. Such abatement activities shall be performed in accordance with a

plan approved by the secretary. The secretary shall give notice, by letter,

to the property owner and operator responsible parties that the waste

tires constitute a nuisance or risk to public health or the environment,

and that the waste tire accumulation must be abated within a specified

period. Before July 1, 2001, The secretary may undertake abatement ac-

tion utilizing funds from the waste tire management fund if the owner or

operator fails to take the required action within the specified time period.

After July 1, 2001, the secretary's actions shall be limited to contractual

services to perform interim measures designed to minimize nuisances or

risks to public health or the environment created by a waste tire accu-

mulation.: (1) The waste tires were accumulated before July 1, 1990, and

abated before July 1, 2003; or

(2) the waste tires were accumulated after July 1, 1990, and the re-

sponsible parties fail to take the required action within the time period

specified in the notice. The department and its representatives are au-

thorized to enter private property to perform abatement activities if the

responsible party fails to perform required clean-up work, but no entry

shall be made without the property owner's consent except upon notice

and hearing in accordance with the Kansas administrative procedures act.

(d) All costs incurred by the secretary in abatement of waste tires ac-

cumulated after July 1, 1990, or in performing interim measures, includ-

ing administrative and legal expenses, are recoverable from an owner or

operator a responsible party or parties and may be recovered in a civil

action in district court brought by the secretary. Abatement costs recov-

ered under this section If any abatement costs are recovered under this

section, the city or county that shared in the cost of the abatement action

shall be reimbursed its costs not to exceed 25% of the amount recovered.

The remaining amount recovered shall be remitted to the state treasurer,

who shall deposit the entire amount in the state treasury and credit it to

the waste tire management fund. An action to recover abatement or in-

terim measures costs may be commenced at any stage of an abatement.

(d) (e) In performing or entering contracts for abatement actions un-

der this section, the secretary shall give preference to actions that recycle

the waste tires or burn the waste tires for energy recovery. Direct abate-

ment expenditures may include landfilling when waste tires are contam-

inated or when practical feasible in-state markets cannot be identified.

(f) Permits granted by the secretary pursuant to K.S.A. 65-3424b, and

amendments thereto, shall not be transferable and may be revoked or

suspended whenever the secretary determines that the permit holder is

operating in violation of this act or rules and regulations adopted pursuant

to the act; is creating or threatens to create a hazard to persons, property

or the environment; or is creating or threatens to create a public nuisance.

The secretary may also revoke, suspend or refuse to issue a permit when

the secretary determines that past or continuing violations of the provi-

sions of K.S.A. 65-3409, and amendments thereto, have been committed

by the applicant or permit holder.

(e) (g) Neither the state of Kansas nor the waste tire management

fund shall be liable to any owner or, operator or responsible party for the

loss of business, damages or taking of property associated with any abate-

ment or enforcement action taken pursuant to this section.

(h) The secretary shall enter into contracts with one or more associ-

ations of tire retailers to: (1) Assist in disseminating information to all tire

retailers on the requirements of solid waste laws and rules and regulations

relating to waste tires; (2) establish a point of contact for persons request-

ing information on solid waste laws and rules and regulations relating to

waste tires; (3) assist in planning and implementing conferences, work-

shops, and other requested training events for persons involved in the

generation, transportation, processing, or disposal of waste tires; and (4)

assemble and analyze data on waste tire management by tire retailers in

Kansas.

Sec. 7. K.S.A. 2000 Supp. 65-3424m is hereby amended to read as

follows: 65-3424m. (a) The county official, or the official of a designated

city, responsible for solid waste management in each county shall report

to the secretary any known waste tire accumulation within the county not

later than three months after the accumulation becomes known, if un-

known before July 1, 1996.

(b) After July 1, 2001 2003, each county shall be responsible for

abatement of any waste tire accumulation within the county.

Sec. 8. K.S.A. 2000 Supp. 65-3426 is hereby amended to read as

follows: 65-3426. (a) There is hereby established within the department

of health and environment the solid waste grants advisory committee,

which shall be composed of seven members as follows:

(1) Six members appointed by the governor, two of whom shall rep-

resent the interests of regional solid waste management entities, two of

whom shall represent the interests of counties, one of whom shall rep-

resent the interests of cities and one of whom shall represent the interests

of the private sector;

(2) the secretary of health and environment or the secretary's desig-

nee.

(b) Appointive members of the solid waste grants advisory committee

shall serve terms of two years. The secretary of health and environment

or the person designated by the secretary shall serve as chairperson of

the advisory committee.

(c) Members of the solid waste grants advisory committee shall re-

ceive amounts provided by subsection (e) of K.S.A. 75-3223 and amend-

ments thereto for each day of actual attendance at any meeting of the

advisory committee or any subcommittee meeting authorized by the ad-

visory committee.

(d) The secretary of health and environment shall provide technical

support related to the activities of the solid waste grants advisory com-

mittee, including but not limited to establishing project selection criteria,

performing technology evaluations, assessing technical feasibility and de-

termining consistency with the statewide solid waste management plan,

the applicable county or regional solid waste management plan and re-

gional activities.

(e) In accordance with schedules established by the secretary of

health and environment, the solid waste grants advisory committee shall

meet to review competitive grant applications submitted pursuant to sub-

section (c) (b) of K.S.A. 65-3415, and amendments thereto. The advisory

committee shall establish a project priority list for each fiscal year based

upon the availability of funds as estimated by the secretary and shall make

recommendations regarding the selection of grantees and the disburse-

ment of moneys.

Sec. 9. K.S.A. 2000 Supp. 65-3424, 65-3424a, 65-3424b, 65-3424d,

65-3424f, 65-3424g, 65-3424k, 65-3424m and 65-3426 are hereby re-

pealed.

Sec. 10. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 18, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001