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On this day, November 28, 1999, A float plane crashed into the Columbia River shortly after takeoff 45 miles east of Portland. William S. "Tiger" Warren, chairman of the Macheezmo Mouse restaurant chain was killed with his three sons.

Also on this day, November 28, 2007, 28-year-old Joseph Hokai Tang, musician and violin dealer, was arrested for fraud following a performance in Eugene, Oregon. In 2008 he pleaded guilty to 10 fraud counts and admitted to bilking at least 120 people out of $400,000 worth of instruments. In 2008 he was sentenced in San Francisco District Court to 37 months in prison.

Also on this day, November 28, 2010, an Islamic center in Corvallis was firebombed, 2 days after Somali-born Mohamed Osman Mohamud was arrested in a sting operation for trying to blow up a van full of explosives in Portland. In August, 2011, federal officials arrested 24-year-old Cody Crawford for firebombing the mosque.




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Warner Creek Correctional Facility to Stay Open
Governor’s announcement has big impact for local economy and jobs

Governor Kate Brown has announced to the Lake County Prison Committee that she has decided not to close the Warner Creek Correctional Facility.

More than 100 Lake County residents work at the correctional facility and have family members that work in the local schools, businesses and county offices. Closing the facility would have displaced hundreds of residents who would need to find new jobs elsewhere.

“I want to thank Governor Brown for making the right call by keeping the Warner Creek Correctional Facility open,” said Representative E. Werner Reschke (R-Klamath Falls,) a vocal supporter of keeping the facility open. “This was a group effort and will be a relief for the people who rely on these family-wage jobs with good healthcare.”

​​Warner Creek Correctional Facility is a minimum-security facility located four miles northwest of Lakeview. WCCF opened in September 2005. It received the State Energy Efficiency Design award in May 2008 for its progress in design efficiency. The most energy efficient element at WCCF is the use of geothermal energy, providing 100 percent of the hot water to the facility.


--Staff Reports

Post Date: 2021-05-11 15:47:19Last Update: 2021-05-11 15:59:31



OSHA a No-Show at Legislative Hearing
The topics were permanent COVID-19 mask mandate and business restrictions

The Oregon Occupational Safety and Health Administration recently extended its COVID-19 rule permanently with no specified end date and no oversight from the elected officials they are accountable to.

OSHA chose to enact the permanent rule before a scheduled Legislative hearing to review their decision. The administrative body’s leaders declined to attend to answer questions about the new business restrictions.

In response to a letter from Senators and Representatives asking the agency to suspend adoption of the COVID-19 rule until legislative review, OSHA’s Director stated that they have broad authority to place these restrictions on Oregon businesses with no specified end date.

“This is the opposite direction of where we should be headed,” said House Republican Leader Christine Drazan (R-Canby). “In light of vaccines, improved PPE supply for hospitals and more, we should be giving businesses more breathing room. Instead, this administrative body has demonstrated that it does not believe it is accountable to the people of Oregon.”

Oregonians are concerned that the adoption of this flawed rule indefinitely will punish businesses without adequate scientific data to suggest that it has an impact on preventing COVID-19 transmissions. However, there is no opportunity for businesses and employees to have true input without oversight from their elected officials.

The following questions were left unanswered during the committee hearing because OSHA’s leaders did not appear before lawmakers: During the committee hearing, Representative Bill Post (R-Keizer) expressed his dissatisfaction at OSHA's lack of attendance.




--Staff Reports

Post Date: 2021-05-11 09:29:18Last Update: 2021-05-12 12:33:38



Back to School in the Fall . . . Maybe
The bill is simple

Oregon is now on it’s 7th extension of Governor Brown’s Executive Order on the COVID-19 State of Emergency and the Governor is giving no indications of an end in sight. The 8th extension, if she does one, will take affect the end June aligning with the end of the Legislative session and would run 60 days through the end of the summer butting right up to the beginning of the 2021-22 school year.

School districts are already well into budget preparation for the 2021-22 school year. The Governor’s proposed budget is $9.1B, but in a Portland Tribune article last month Libra Forde, chair of the North Clackamas School Board and a member of the Oregon School Boards Association Board of Directors told reporters that “After a year of unfinished education and increased social emotional challenges, investing in our kids is paramount”. She was reacting to the legislature consideration of adopting the Governors recommendation which she and others consider $500M underfunded. They have concluded that “just to keep pace on paying the bills over the next two years our schools need $9.6 billion — not the $9.1 billion currently under consideration”.

However, what is being left unsaid, is that the Oregon State School Fund budget pales in comparison to the COVID-19 relief funding already received and on its way that is estimated at an additional $1.72 Billion.

Elementary and Secondary School Emergency Relief Fund In addition, not a single school district has stated publicly that they will return to 100% in person full time learning in the fall. After all, how could they make that pledge not knowing what the Governor, the Oregon Department of Education or the Oregon Health Authority will have in place for rules in September?

This week, a bicameral group of legislators is seeking to give those school districts the certainty they need to know that they will be opening in the fall to all students for in person learning and that they need to plan their budgets accordingly. Representative Breese-Iverson (R–Prineville), Boshart Davis (R–Albany), Drazen (R–Canby) and Senator Girod (R–Lyons) introduced HB 3399 which requires each public school to provide full-time, in-person classroom instruction during 2021-2022 school year, and takes effective July 1, 2021. The bill is simple, it says: Not withstanding any COVID-19 declaration of emergency or any provisions of a COVID-19 emergency rule, each public school in this state must provide full-time, in-person classroom instruction during the 2021-2022 school year.


--Terese Humboldt

Post Date: 2021-05-11 09:08:34



The End of Real Estate Love Letters
There are already non-discrimination laws in place

In a competitive housing market, many buyers look for ways to stand out from other prospective buyers. Sometimes that means a buyer making a cash offer or offering above asking price. In an Oregon Live article last month, one Portland midcentury modern home for sale had 77 requests for showing the first day it was listed and is now receiving offers $150,000 over asking price.

Another common practice is for a buyer is to write a “love letter” to the seller telling them why they want the house. They tell the buyer such things as how the house is in the school district they want their children to attend, or its within walking distance of the church that they attend. With rock-bottom supply of homes for sale, tugging at the heartstrings of sellers often adds that edge for the buyer.

That buyer’s edge, however, may soon be a thing of the past. HB 2550 introduced by Rep. Meek (D–Gladstone) makes real estate “love letter” illegal. “Buyers making decisions as to who they want to live in their neighborhoods perpetuates racism”. Sen. Meek told the committee. He also noted that 60% of Caucasians are homeowners while only 38% of African Americans are homeowners.

The Oregon Food Bank also weighed in on the bill. In written testimony they stated that “Studies have repeatedly shown a strong relationship between owning a home and a lower likelihood of experiencing hunger. The data is clear that homeownership and affordable mortgages allow community members to build assets and manage more predictable housing costs over time, which is especially key for Black and Brown Oregonians who have long faced discriminatory housing policies that make homeownership more difficult and inaccessible.

Senator Andreson (D–Lincoln City) brought up during testimony that there are already non-discrimination laws in place and questioned if this bill is redundant. Indeed, the Federal Fair Housing Act (1968) prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on a person’s race, color, national origin, religion, sex, familial status, or physical or mental disability. Rep. Meek explained to the committee that there are Federal Fair Housing laws in place but there are really no consequences to them.

However, HB 2550 does not have any penalties or consequences either. It simply reiterates the Federal Fair Housing Act.

(7) Notwithstanding any other provision of this chapter, a seller’s agent shall redact or withhold any communication other than customary documents in a real estate transaction, including photographs, provided by a buyer as necessary to help the seller avoid selecting a buyer based on the buyer’s race, color, religion, sex, sexual orientation, national origin, marital status, or familial status as prohibited by the Fair Housing Act (42 U.S.C. 3601 et seq.).

The Oregon Realtors Association registered as neutral on the bill. It has passed the House and has had a public hearing in the Senate Housing and Development Committee.


--Terese Humboldt

Post Date: 2021-05-11 08:41:10Last Update: 2021-05-11 09:08:34



No More Fun in Washington County
Judge Fun to Retire from Bench

Governor Kate Brown has announced that she is accepting applications for a judicial vacancy on the Washington County Circuit Court created by the planned retirement of Judge Jim L. Fun.

The Governor thanked Judge Fun for his dedicated judicial service, and announced that she will fill the position by appointment. Judge Fun’s retirement takes effect September 30, 2021.

Interested applicants should mail (no hand delivery) their completed application forms to: Forms must be received by 5:00 p.m. on Wednesday, May 26, 2021. Forms emailed by 5:00 p.m. on the closing date will be considered timely so long as original signed forms postmarked by the closing date are later received.

Governor Brown fills the state's judicial vacancies. She encourages applications from lawyers with a wide variety of backgrounds and experiences.

ORS 3.041 and 3.050 provide that at the time of appointment to the court, the candidate must be a citizen of the United States, a resident of Oregon, and a member of the Oregon State Bar.

SB 977, recently passed by the Legislature, creates a new requirement. It amends ORS 3.041 and requires that these vacancies must be filled by persons who are residents of or have principal offices in the judicial districts to which they are appointed or adjacent judicial districts.

To receive answers to questions about the appointment process, or to request an interest form, contact Shevaun Gutridge at 503-378-6246 or shevaun.gutridge@oregon.gov.

The judicial interest form is also available online.


--Bruce Armstrong

Post Date: 2021-05-10 15:34:43Last Update: 2021-05-10 15:53:49



Oregon Lottery Funds Accounted For
This accounting is done every two years.

Prior to the beginning of each odd-numbered year regular session of the Legislative Assembly, the Legislative Fiscal Office is required to conduct a study that reports the preceding two year’s administrative costs and the transfer rate of the Oregon State Lottery, in order to determine if additional funds may be made available for public purposes. Lottery’s administrative costs as a percentage of revenues for fiscal years 2019 and 2020 were 3.1% and 3.4%, respectively, and actual public purpose transfers averaged 5.9% of direct revenues in the prior two years.

Lottery revenues are generated through traditional, sports betting, and video lottery games. Initially, lottery revenues were dedicated to the creation of jobs and economic development. However, voters have approved subsequent ballot measures adding public education, restoration and protection of Oregon’s parks, beaches, watersheds, and native fish and wildlife, veterans, and outdoor school as additional required or authorized uses of lottery revenues.

The Oregon Constitution includes the following dedicated transfers: Oregon statute establishes the following six dedications of net lottery proceeds: Nearly all of these funds are "fungible" which means that they can be replaced by another funding source. So, when lottery funds go to the Education Stability Fund, for instance, every dollar that's allocated there can be one dollar of general fund money that doesn't have to be allocated and is freed up to be spent elsewhere.


--Staff Reports

Post Date: 2021-05-10 15:18:49Last Update: 2021-05-10 15:41:10



Proposal Would Fully Reopen Schools
In-person learning should return for 2021-2022 school year

Just recently, a bicameral, bipartisan bill was introduced in the Oregon legislature that would ensure the children of Oregon would have access to full, in-person instruction for the 2021-2022 school year.

HB 3399 from Representative Vikki Breese-Iverson (R-Prineville) would direct the Oregon Department of Education to provide 100 percent in-person instruction for the next school year. Chief sponsors of the bill include Senator Fred Girod (R-Stayton), Representative Christine Drazan (R-Canby), and Representative Shelly Boshart Davis (R-Albany) .

Some Republican legislators made the following statements:

“This past year and a half has been really hard on kids in Oregon, I have seen it first hand with my own boys.” said Representative Breese-Iverson. “We have all the facts showing us it’s safe for them to be in school, so we can’t wait any longer. Hybrid learning has been a start, but fully reopening schools will give them the consistent and dependable schedule of in-person instruction that is so valuable for their learning.”

“We know it’s safe to attend school, and we know the negative side effects of distanced learning are unacceptable, so what are we waiting for?” added Senator Girod. “We should have made this promise to kids months ago. We have to draw a line in the sand and let parents know they can depend on the public school system next year.”

“We’ve had more than a year of at-home learning and it’s time to get kids back in school,” said Representative Drazan. “My family and my community need their schools fully reopened, and our students need schools fully reopened. Their mental health and academic futures depend on it.”

“As a parent I’ve seen first-hand how the past year of learning has hurt my kids,” added Representative Boshart Davis. “If we don’t take action now, the long-lasting negative consequences for our kids will only get worse and could last their entire lives. This is our opportunity to stop that from happening.”


--Bruce Armstrong

Post Date: 2021-05-10 15:07:22Last Update: 2021-05-10 17:02:17



Electronic Tolling
Paying more for driving in Oregon

In 2017, the legislature established what is now ORS 383.150, the Traffic Congestion Relief Program. It describes value pricing to reduce traffic congestion. What is disguised behind the fancy title is the implementation of toll roads in Oregon.

Representative Tina Kotek (D-Portland) has introduced an Amendment(-8) as a “gut-and-stuff” to HB 3065. It now modifies the “Transportation Projects” to include funding for toll projects established in ORS 383.150, the Traffic Congestion Relief Program.

Added to ORS 383.001, the Legislative Assembly finds that:

Section 5(10)” Significant traffic congestion adversely impacts Oregon’s economy and the quality of life of Oregon’s communities. Where appropriate, variable rate tolls should be applied to reduce traffic congestion and support the state’s greenhouse gas emissions reduction goals.”

Revises language to prioritize ‘electronic toll collection system’ that doesn’t require a vehicle to stop using transponder readers and license plate capture cameras to collect tolls. Extends the source of money for the Toll Program Fund to gifts, legislative allotment, federal sources and fees paid for information. The usage of funds is extended to develop and implement toll programs, and make improvements on tollways or adjacent highways to reduce impacts of diversion for tolling.

In addition to the state revenue bonds that obligates future generations to pay, the ‘tollway project revenue bonds’ are to be held “superior to any other lien or charge and to any law of the state requiring the department to spend moneys for tollway project revenue projects.” The -8 will extend short-term borrowing by the State Treasurer to allow various types of credit agreements to $600 million to mature in five years. The department shall pay for borrowing “Using funds from the State Highway Fund or other funds that are legally available to the department or State Treasurer for the purposes for which the moneys were borrowed, including moneys received by the department or State Treasurer from the United States government.”

Section 8 (7) is looking for excuses to use constitutionally collected road taxes to cover costs for structural changes needed for tolling, taking funds from improving roads and infrastructure in rural areas. “Moneys in the Toll Program Fund that are transferred from the State Highway Fund or are derived from any revenues under Article IX, section 3a, of the Oregon Constitution, may be used only for purposes permitted by Article IX, section 3a, of the Oregon Constitution.”

Asking the impossible, requirements for tolling are to “reduce traffic congestion not only on the tollway but also on adjacent, connected or parallel highways to the tollways, regardless of ownership.” Unless adjacent or parallel highways are blocked, it only follows that people will choose alternate routes. That may impact low-income housing neighborhoods that tend to line high traffic highways. This requirement may also be impossible: “Minimize and mitigate impacts to historically and currently underrepresented and disadvantaged communities.”

The big question is whether the constitution language can be stretched to somehow include existing highways that are already paid for.

SECTION 35 (1) “To the extent necessary and permitted by state and federal law and section 3a, Article IX of the Oregon Constitution, toll projects on interstate highways shall include investments to make improvements or fund efforts to reduce congestion, improve safety and reduce impacts of diversion as a result of the toll project.”

There is also the constitutionality question on ‘equitable income-based toll rates’. All this will need to be part of the hearing on May 11, 2021, 8 A.M. before the Joint Committee on Transportation if they expect to find favor with the majority of voters who oppose tolling.


--Donna Bleiler

Post Date: 2021-05-09 10:00:20Last Update: 2021-05-09 10:35:58



Recent damage to Salem Police Station
Leftist extremists continue to vandalize the station

Over the past several months, the Salem Police station in Salem, Oregon has incurred almost weekly vandalism.

During anti-police protests in front of the building, leftist extremists have applied chalk, other substances, and signing to the sidewalks, planters, stairways, walls and portico of the building.

The graffiti has done varying degrees of damage to the facility.

Typically, City of Salem facilities crews have been able to wash off the graffiti, but recently the damage appears to be longer lasting if not permanent. One evening of damage required the construction company for the building to resurface and retexturize the cement steps.

Just the removal of the graffiti has cost the City of Salem hundreds of dollars in staff time, with costs to the contractors being much higher.

Balancing the public’s right to the freedom of expression and gathering with unlawful actions is a priority, according to the Salem Police department. They claim that because of that, they have used discretion toward the minor damage to the building in the recent past.

As this damage has become more costly and permanent, they have stated that they are now forced to set boundaries and limits as to where similar activities can occur on the property. The Salem Police Department is now apparently warning that if these limits are not respected, enforcement action may be taken.


--Bruce Armstrong

Post Date: 2021-05-08 05:42:48Last Update: 2021-05-08 10:30:53



Oregon Forest Resources Institute Sees Major Changes
More “Environmental Justice“

Passed out of committee on party lines, HB 2357 will strip the budget authority of Oregon Forest Resources Institute (OFRI) to 33 percent and silence them from using funds to educate the public related to forest practices, including the adequacy or effectiveness of any particular forest practice. They also cannot expend funds on educational materials, trainings, tours or other outreach that does not include an environmental conservation perspective, or to influence legislation or rule-making. So, regardless of the science or best practices, if it doesn’t support the Governor’s climate change conservation perspective, OFRI shall remain silent.

The Oregon Forest Resources Institute was created in 1991 to advance public understanding of forests, forest management and forest products and to encourage sound forestry through landowner education. Intended as an advocate for the timber industry, HB 2357A removes OFRI board’s representation of the timber industry as the authority that establishes the privilege tax rate and replaces it with the State Board of Forestry. The decisions for the timber industry moves from a 13-member board of stakeholders to a seven-member citizen board of which three must have income from forest products.

Oregon’s timber industry took a big hit in 2009 that took four years to peak just short of 2004 harvest levels. However, the number of wood processing facilities continue to decline. OFRI identifies as a centralized gateway of shared ideas and collaborative dialogue regarding the delicate balance between the environmental, social and economic values provided by our forests. However, last year the Oregonian/OregonLive, OPB and ProPublica Local Reporting Network reported that OFRI was in opposition to the university climate research and questioned relationships with lobbying groups. The Governor requested an audit pointing to public records and media reports that “allege a variety of statutory and ethical concerns.”

A D V E R T I S E M E N T

A D V E R T I S E M E N T

Erin Isselmann, OFRI’s executive director, responded in an email that the institute welcomes the audit from the secretary of state. “We look forward to working with the audit team and learning from their analysis and recommendations.” She has previously said that, under her leadership, the institute has operated “under the highest ethical standards.”

Not wanting to wait for an audit, Representative Andrea Salinas (D-Lake Oswego), Representative Paul Holvey (D-Eugene) and Senator Jeff Golden (D-Ashland) introduced HB 2357A, which puts Oregon Forest Resources Institute under a magnifying glass requiring they record all interactions with elected officials, boards and commissions and agencies, and report a summary to the Governor posting it on their website.

And what happens to the other 66 percent of the privilege tax? HB 2357A establishes the Sound Forestry Practices Sub-account assigned to promote forest health, and the Family Forest-lands Sub-account to provide community support for small forest owners. The allocation of revenue from privilege tax will deposit 50% to Sound Forestry Practices Sub-account, 17% to Family Forest-lands Sub-account, and the 33% to OFRI Fund.

The question remains as to where this will leave our struggling timber industry when their own stakeholder board can’t advocate for them and their best practices?


--Donna Bleiler

Post Date: 2021-05-08 04:40:30Last Update: 2021-05-08 05:27:26



‘Good governance’ bills proposed to Address Audit Recommendations
“Public corruption is the enemy of good governance.”

In the wake of a Secretary of State Audit on the Oregon Government Ethics Commission, House Republican Leader Christine Drazan (R-Canby) released the following statement of support ahead of today’s House Rules Committee hearing on four bills related to government ethics.

“Public corruption is the enemy of good governance. Our watchdog against corruption on behalf of the people of our state is the Oregon Government Ethics Commission.

The recently released audit of the Ethics Commission by the Secretary of State highlighted areas for improvement and I am pleased to see that the Ethics Commission has embraced these recommendations with the legislation before the House Rules Committee today.

But these reforms are just the beginning of what is needed to ensure Oregon’s public servants are operating under the highest standards with adequate enforcement. We must ensure our Ethics Commission has the experience and resources to uncover and investigate ethics violations while remaining independent, transparent and accessible.

This is an important opportunity to adopt the recommendations from this in-depth audit to strengthen enforcement and accountability to foster public trust in Oregon’s government and elected leaders.”

SB 60, SB 61, SB 62 and SB 63 will be heard by the House Committee on Rules. These Senate bills seek to address shortcomings in Oregon’s ethics laws, based on a recent audit from the Secretary of State’s office that compared Oregon’s government ethics rules with other states.


--Staff Reports

Post Date: 2021-05-07 10:49:40



Rural Fire Protection May no Longer be a Choice
The seven-mile buffer will pit one Rural Fire Protection District against another

The year 2020 saw some of the worst wildfires in state history, and Senator Frederick (D–Portland) thinks that he has found a solution to protecting those rural areas of the state from fires in the future. He has introduced SB 605 which has moved through the Senate and has now had a hearing in the House Committee on Agricultural and Natural Resources.

Currently Under ORS 478.115, counties have the authority to determine the territory included in a rural fire protection district. Originally, SB 605 mandated that improved lands, or new improvements that were within seven road miles of a fire station must be annexed by the county. However, the Senate Natural Resources and Wildfire Recovery Committee amended the measure so that it removed the mandate and replaced it with

“Upon request by a rural fire protection district, requires a county board (County Commissioners) to annex, into the district, lands that are either within seven road miles of a fire station in the district or that are brought within seven miles of a station by a new road, and that are not subject to district tax assessment”.

During hearings in the Senate, Senator Heard (R- Roseburg) asked if someone did not want to be annexed in and they needed services could they opt out and then be able to pay for the services they needed if they had an emergency? Fire Chief Bullock, from Douglas County District 2, responded to the question stating that “the challenge we have faced is that we have already had some of those people refusing to pay bills for services we already provided to them”.

The amended bill moved out of committee and to the full senate where it passed on a near party line vote. It was then assigned to the House Agriculture and Natural Resources Committee where it received a hearing this week. During that hearing the bill received more opposition than it did in the Senate. Oregon Family Farm Association brough up a concern in written testimony that “SB 605 contains an arbitrary seven-mile buffer that in some parts of the state will pit one Rural Fire Protection District against another RFPD. While that may result in the best delivery of service to the property owner, the bill doesn’t exempt properties that are already served by an existing RFPD”.

Commissioner Craig Pope from Polk County, who himself spent 27 years a volunteer fire fighter and chairman of the board of one of the largest combination fire districts in the state, testified to the committee as well. He said that he is very supportive of “firefighters and the resources they need to do their jobs effectively and safely”. However, he is opposed to the bill because it removes public due process from the annexation process and forces County Commissioners into rubber stamping annexation which is currently not the practice. In addition, he was concerned that this was a Douglas County Fire district No. 2 issue that could end up being a burden for all of Oregon counties. He felt that the Association of Oregon Counties (AOC) could have a much more meaningful conversation than legislating it.

James Williams, Lake County Commissioner, also testified in opposition to the bill. He informed the committee that “the ISO rating for a landowners fire insurance is not affected by simply drawing a circle around a fire district. The ISO rating is still entirely based around boots on the ground, infrastructure and apparatus availability”. Rep. Marsh (D – Ashland) followed up on that line of questioning asking “where did the 7 miles came from it”. Chief Bullock stated that is it based on the parameters of the ISO. There are three levels of rating in the ISO.
  1. The insured location is within 5 road miles of a fire station and is 1,000 feet from a fire hydrant.
  2. The insured location is within 5 road miles of a fire station, but further than 1,000 feet from a fire hydrant.
  3. The insured location is further than 5 road miles of a fire station and 1,000 feet from a fire hydrant, but the firefighting organization meets the hauled water criteria. The boundary is then 7 miles from a fire station.
What is odd about the bill, is that neither the Senator or Representative from the Douglas County area signed on as a Chief Sponsor or regular sponsor to the bill. It was brought to the Committee by the Senator from Portland. However, the question was never asked in the Senate or the House why Senator Heard (R – Roseburg) or Representative Leif (R – Roseburg) did not bring the bill to the attention of the Legislature. In addition, if this was a Douglas County issue, as raised by Chief Bullock who requested the bill, then why did Tom Kress, Douglas County Commissioner testify against the bill?

The bill will remain in committee until the committee chooses to have a work session and vote. That must occur by May 28th or the bill is dead.


--Terese Humboldt

Post Date: 2021-05-07 10:37:56Last Update: 2021-05-07 10:49:40



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