Thursday, January 20, 2011

Ta ta, Mother Humboldt

Posted By on Thu, Jan 20, 2011 at 3:00 PM

click to enlarge flag-of-jeff2-with-text-gimped.jpg

Yellow is for our Sun
Blue is for our Sky and Water
Green is for our Forests and Environment
Brown is for our Earth and Meadows

Well, heck, we've got an update already to this week's news story about some discontented Southern Humboldters and their efforts to grab the reins of their wayward economic and social buggy. Apparently, they DO want to secede from the rest of the county. Or, some of them do.

That's the latest from CetanSka David Sky, who lives in Harris, a mountain stronghold just a hop, skip and 27 mile jump east of Garberville. When last we spoke with him, he was co-plotting a meeting for this Wednesday for everyone to get together and talk about their various community issues in southern Humboldt and northern Mendocino. Sky isn't pushing for secession, but he said that Solar Dan Glaser was. But Glaser, when reached, insisted he simply wanted to talk incorporation -- as in a big municipality called, say, Emerald City.

But then, today, the day after that meeting, we got an update from Sky:

There [was] a presentation with a partial constitution to secede from the state creating a Redwood Region/Free State of Jefferson...

So we emailed Sky for more info. And he said:

... the individual who represented the presentation has asked me
not to mention his name to the media as you know this falls under the laws of treason with the federal government.

OK. But it's not a new idea, of course, as even Sky notes. And there've been many such movements previously, here and elsewhere.

Sky kindly passed on the anonymous gent's very-draft constitution for his proposed new free state (for which he also created that flag up top and provided meanings of the colors). You can read it at the end of this post.

Besides secession, the round tablers talked about Glaser's proposal to incorporate the SoHum-NoMendo area "into a township of sorts creating an Emerald City/Bio Plex that encompasses a bubbled area from Piercy to Redway." And, they discussed Sky's particular desire to appoint a lobbyist from their area to keep the county supervisor informed.

The round tablers agreed to come back to these proposals in April, at which time they would also work on creating a Pratt Mountain/Harris Volunteer Fire District, round up some volunteers and get water tanks up in those hills.

AND NOW for that partial constitution (be sure to read the last article, if nothing else):

The Constitution of the Free State of Jefferson
Unfinished Draft 10/25/10 Written by X

We the People of Jefferson, in order to form a
Government, establish justice, insure domestic tranquility, provide for the
common defense, provide for the Family of the Nation of Jefferson, and
secure the blessings of liberty to ourselves and our posterity, do ordain
and establish this Constitution of the Free State of Jefferson.


Article 1. The Nature of the Free State of Jefferson
The Relation of the Free State of Jefferson to the Nation of
Jefferson.
The Nation of Jefferson is the Association of the People of Jefferson, and
the Lands they occupy. The Free State of Jefferson is the Government of
the Nation of Jefferson, and derives its powers from the People of
Jefferson. The People of Jefferson are the members of the Family of the
Nation of Jefferson. All persons residing in the Territory of the Free State
of Jefferson shall be considered to be members of the Family of the Nation
of Jefferson. The Free State of Jefferson shall provide for the common
good of the People of Jefferson as a Loving Head of a Family provides for
its members.
The Territory of the Nation of Jefferson
The Territory of the Nation of Jefferson shall be those lands formerly
known as Northern California and Southern Oregon, and such
contiguous lands as whose people voluntarily choose to become a part
of the Nation of Jefferson.
The Territory of the Nation of Jefferson shall have only one
State.
The Territory of the Nation of Jefferson shall have only one State, known
as the Free State of Jefferson. This State shall have as its boundaries the
entire Territory of the Nation of Jefferson.
The Non-Colonial and Non-Hegemonic Nature of the Free State of
Jefferson.
The Free State of Jefferson shall not possess or control any lands or
peoples outside the boundaries of the State.
The Nature of a Citizen of Jefferson.
Any person born or naturalized in the Territory of the Free State of
Jefferson and subject to the jurisdiction thereof, shall be deemed to be a
Citizen of the Free State of Jefferson, and shall have all the rights and
responsibilities possessed by any other citizen of Jefferson
National Identity. The National Identity of a Nation is the Character of the
Family of that Nation, as expressed through various means, such as
language, cultural practices, and shared history. All nations have the right
to maintain their national identity for the common good of the people. The
Free State of Jefferson is a single nation of people, united by language,
culture, history, and other means. To provide for the unity of the Family of
the Nation, Congress may pass laws which enhance the identity of the
national character, including, but not limited to language and culture
enhancing activities. Such laws shall not be enacted for the purpose of
oppressing any minority.
No land shall be admitted to the territory of the Free State of Jefferson
whose people do not recognize English as the National Language of the
People of Jefferson. No land shall be admitted to the territory of the Free
State of Jefferson whose people do not recognize the supremacy of the
National Identity of the People of Jefferson, as established through the
common expression of the Family of the Nation of Jefferson. The Supreme
Court shall determine the suitability of admission of any lands to the Free
State of Jefferson, and may prohibit the admission of any land, assisted by
a Body of Advisers appointed 1/2 by the Court and 1/2 by the Congress,
with a representative from the Executive in the case an odd number of the
members of the Body of Advisers.
National Language. The most important vehicle for maintaining the unity
of the people is the knowledge and use of a common language of the
land. English being the language most commonly spoken by the People of
Jefferson, it shall be known as the official language of the Free State of
Jefferson. No other language shall be required for any official or private
business.

Article 2. The Constitution and Laws of the Free State of
Jefferson are the Laws of the Land.
This Constitution, and the Laws of the Free State of Jefferson,
which shall be made in pursuance thereof; and all treaties
made, or which shall be made, under the authority of the
Free State of Jefferson, shall be the supreme law of the land; and all
judges shall be bound thereby.

Article 3. The Structure of the Government of the Free State of
Jefferson
Government shall be organized into State, County, and Municipal levels,
and other local levels as needed.
the Supreme Court shall have the power to find any law of the land to be
in disagreement with the Constitution; and shall have the power to void
any such law.
Appointment of Justices of the Supreme Court.
the Supreme Court shall void any laws, procedures or regulations
governing the processes of the Congress of People's Representatives
which allow any minority of the People's Representatives to obstruct the
normal and timely functioning of that body.
War Powers. Only Congress shall have the right to declare war upon the
enemies of the Free State of Jefferson. Only Congress may decide to
send the nations' military forces abroad. Congress may from time to time,
pass time-limited and place-specific laws which delegate this authority to
the president. In any case, the President shall not send more than 1/10 of
the nation's military forces abroad without the express permission of the
Congress. Failure to seek or obtain such permission shall be grounds for
impeachment and removal by vote of 1/2 of the Congress.
Proportional and Unicameral Legislature. The nature of the Free
State of Jefferson is that of One People and One State. There shall be
only one national legislative body, consisting of 100 citizens, elected by
proportional representation.
Boundaries of Electoral Districts. Electoral districts shall be
established by the Supreme Court in such a manner that each such district
shall have about the same number of citizens inhabiting it and such that
the ratio of perimeter to surface area of the district is as small as
reasonably possible given the geography of the area. The Supreme Court
may appoint a body of citizens to aid it in determining the boundaries of
such districts.
Implementation of the Constitution. State or local governments, or
the People's Initiative, may create laws that will provide for the
implementation of the Provisions of this Constitution.
Treaties with Foreign Nations
No Treaty shall be binding upon the Nation that has secret provisions.
Duty of Supreme Court. The Supreme Court can and shall annul any
law which is the product of the People's Democracy or People's
Representatives which does not conform to the Constitution of the Free
State of Jefferson.
Composition of the Supreme Court. 9 Justices, etc.
Amendment of the Constitution. This Constitution may be amended by
two-thirds vote of the People's Representatives, save that Article 19, may
not be repealed except by a four-fifths vote, and any article requiring that a
law be passed by more than a simple majority, shall not be ratified except
by a four-fifths vote.
The Powers of the State shall be vested in the three Branches of
Government: The People's Representatives, the Executive Branch, and
the Supreme Court. The Powers of the State are derived from the People
and are transmitted to the State by the Peoples Democracy. The People's
Democracy is the Will of the People as expressed through various means
such as Voting in Elections.The People's Democracy is Supreme over the
People's Elected Representatives, save in matters of Treaties with Foreign
Powers. The People's Democracy shall not be supreme over the
Constitution except in cases of a Two Thirds vote of the people. The
Power of the Governance of the Nation resides in the People as a whole.
The People, through this Constitution, have chosen to delegate some
legislative powers to the People's Representatives. From time to time, the
People, by the process of direct democracy, may also choose to enact
laws, without the consent of the President or the People's Representatives.
The People's Representatives shall pass laws providing for the well regulated
exercise of such democracy, upon the demand of the People.
No law enacted by the People's Democracy shall be allowed to stand
which requires more than a simple majority to apply or to undo.
Separation of Powers, etc.
Prerogative of Congress.
All legislative powers herein granted shall be vested in a Congress of the
Free State of Jefferson.
Duties of the Congress. It shall be the duty of the People's
Representatives to pass laws for the benefit of the Nation.
The Senators and Representatives before mentioned, and
the Members of the several State Legislatures, and all executive
and judicial Officers, both of the United States and of the
several States, shall be bound by Oath or Affirmation, to support
this Constitution; but no religious Test shall ever be required
as a Qualification to any Office or public Trust under
the United States.
Congress may pass laws which provide for naturalization of foreigners.
Right to Enact Treaties. The right to enact Treaties with Foreign Powers
shall be reserved solely to the Peoples Representatives acting in concert
with the President. The People's Democracy shall enact no such Treaties.
Duty of Congress to protect the borders of the Territory of the People and
national identity.
Duties of Executive Branch, Presidential Powers, etc.
Nature of Elected Governance. The Nature of the Elected Governance
of the Nation shall be that of a Presidential Free State, consisting of a
President elected by direct vote of the people, and a Congress of People's
Representatives, elected by proportional representation.
The State shall select and declare a Fiscal Year. The Peoples
Representatives shall approve every State Budget no later than the end of
the Fiscal Year. In the event that any State budget is not approved by the
end of the Fiscal Year, the supreme court shall declare no budget and
shall itself create the annual state budget for that year. The supreme court
may appoint a body of advisers for this purpose. The People's
Representatives shall be punished for not passing the budget on time by
forfeiting one 1/20 of each Representative's wealth to the State Treasury.
The State Budget shall be approved by no more than a majority of the
quorum of the People's Representatives.
The Number of the Quorum of the People's Representatives shall
be no less than the integer between two thirds and two thirds plus one.
Simple Majority Vote to enact laws or change laws. A simple
majority vote shall be sufficient to enact any law. Neither Congress nor the
people shall enact any law which requires more than a simple majority to
undo.
All legislators shall vote. No "taking a walk".


Article 3. The People's Bill of Rights
Rights not laid out in this Constitution.
The enumeration in this Constitution, of certain rights,
shall not be construed to deny or disparage others retained by
the people.
Right of Freedom of Information.
The Free State of Jefferson being by, of, and for the people, the product of
the labor of government workers belongs to the people. The documents
and records of the government shall be made broadly available to the
people, consistent with the needs of national security. Any citizen or group
of citizens may bring suit in court to determine the suitability of any
document or record for public release.
Right of Freedom of Religion and Conscience.
The civil rights of none shall be abridged on account of religious belief or
worship, nor shall any national religion be established, nor shall the full
and equal rights of conscience be in any manner, or on any pretense,
infringed.
Neither Congress nor the People's Democracy shall make any law
establishing a national religion. Nor shall they make any law prohibiting
the free exercise of any religion which abides by the provisions of this
Constitution. Recognizing that Religion is a useful vehicle for the spiritual,
ethical, and moral uplift of the Nation, and that a nation cannot endure
whose citizens do not partake of high moral and ethical standards, the
people of a locality may choose to conduct religious activity in their public
institutions or may make representations of a religion in their public
institutions when such establishment or representation does not conflict
with the provisions of this Constitution.
Separation of Church and State. The separation of church and state shall
not mean that any government official may not criticize (speak freely about)
any church, its policies, its leaders, or its followers.
Right of Individual and Collective Self-Defense.
The Power of Self-Defense is an inalienable right of every person and
nation of people. The People may from time to time delegate some of this
power to the Free State or Local Governments as they see fit, in order to
provide for the domestic peace of the Family of the Nation, through the
vehicle of law enforcement, or to provide for the Defense of the Family of
the Nation through the vehicle of war. Notwithstanding such a delegation
of powers, every citizen shall have the right to keep and bear such arms
as are suitable for the well-regulated defense of their selves, their families,
and their localities.
Subsection 1. Individual Right of Self-Defense
Subsection 2. Collective Right of Self-Defense
Subsection 3. National Right of Self-Defense
The People's Militia
The People may organize themselves into local militia for the purpose of
enhancing public safety. Such a militia will take a name for itself and shall
register as such with the local authorities. All members of such a militia
must freely and openly swear an oath to uphold the public safety and this
Constitution. The names, ranks, and locations of all members of such a
Militia shall be provided to the local authorities.
The Peopleʼs Militia shall be an All Volunteer Force.
No member of a Peopleʼs Militia shall receive any compensation for any
activities in connection with such a membership, beyond the issuance of
arms, uniforms, and other equipment necessary for the functioning of such
a militia, except for reasonable compensation for incidental expenses
incurred as a result of such a membership.
The People's Militia is Locally Based. No Militia may operate or have
members outside of the local jurisdiction where the Militia has registered.
4e) The Local Government may disband any militia in its jurisdiction by a
two-thirds vote of its members.
4c) Any militia member may be expelled from such a militia by a simple
majority vote of the members.
4c) The State and Local governments shall give reasonable support to
such a Militia.
4b) No civil suit may be brought in court against any such militia or
member of such a militia who has sworn such an oath, in consequence of
any act committed in the course of their duties as militia members. \
A local government body may deputize any member of any People's Militia
under its jurisdiction as a Law Enforcement Officer.
The People's Militias shall be subservient to all government bodies, with
the primary duties being maintenance of public security, and local defense
and aid to citizens and authorities in times of civil emergency. In no case
shall the People's Militia take on Executive, Legislative or Judicial powers.
Right of Defense of Home
a) right to use lethal force against violent intruders
b) citizen shall not be arrested for this
The Armed Forces of the Nation shall not take any military action inside the
Territory of the Nation.
Right of the People to provide for their own good health. Neither
Congress nor the People's Democracy shall pass any law abridging the
right of the people to direct their own health process, unless such process
shall cause unreasonable harm to others.
Right of Speech and Assembly. Neither the Congress nor the
People's Democracy shall make any law abridging the freedom of speech,
or of the communications media; or the right of the people to peaceably
assemble, and to petition the government for redress of grievances; nor
shall the President enact any directive abridging such rights, except in case
of war declared by Act of Congress.
1) free speech rights extend to all locations accessible to the general
public, may not be curtailed by any commercial interest
Right of Jury to Determine Law and Facts. A Jury shall have the right
to decide the law as well as the facts of a case. Congress shall make no
laws, and the courts shall render no decisions, impeding the right of a jury
to set aside aside the application of any law in a case, when such a jury
shall determine that justice shall be better served by setting aside such
application.
No decision by any Jury shall be considered to establish legal precedent.
Only Judges may establish legal precedent.
Right to Trial by a Jury of Peers.
In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of the
State and district wherein the crime shall have been committed,
which district shall have been previously ascertained by
law, and to be informed of the nature and cause of the accusation;
to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to
have the Assistance of Counsel for his defense.
the right of trial by jury shall be
preserved, and no fact tried by a jury, shall be otherwise re-examined
in any Court of the United States, than according to
the rules of the common law.
Right to Be Secure from Unreasonable Searches
The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no Warrants shall issue, but
upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the persons
or things to be seized.
Right to be Free of Unreasonable Surveillance.
Citizens to be free of unreasonable government surveillance.
No court of law shall order a citizen to be Electronically Monitored for any
period longer than 10 years.
Right to Vote
The right of citizens of the Free State of Jefferson to
vote shall not be denied or abridged by the Free State of Jefferson or by
any State on account of race, color, or sex.
Only citizens may vote.
All Citizens who have attained at least 18 years of age, and are not
currently incarcerated in a prison, shall be eligible to vote in all State and
Local elections.
The right of citizens of Free State of Jefferson to
vote shall not be denied or abridged by Free State of Jefferson or by
any local government by reason of failure to pay any tax.
No government body in the Free State of Jefferson shall levy any tax as a
prerequisite to vote.
In all elections for public governance in the Free State of Jefferson,
whether national or regional or local, each adult citizen shall have one
and only one vote.
Right to be Free from Unjust Punishment.
Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.
Right to be Free of Chattel Slavery
Neither slavery nor involuntary servitude, except
as a punishment for crime whereof the party shall have
been duly convicted, shall exist within the Free State of Jefferson.
Right to Presumption of Innocence or Guilt. For the first four
offenses of a grave and similar nature, the accused shall be presumed
innocent until proven guilty. For any succeeding offenses of a grave and
similar nature, the accused shall be required to prove his innocence.
Right to be Free of Debt Slavery to Government
No court of law shall order a citizen to pay any fine or restitution whose
amount is greater than that which he could reasonably pay within 10
years.
No person under the jurisdiction of the Free State of Jefferson shall be
sentenced to Debtor's Prison.
Right to be free of Debt Slavery in Commercial Obligations.
No commercial contract shall be valid which causes any individual under
the jurisdiction of the Free State of Jefferson to be unreasonably bound to
debt.
Right of Equal Protection of the Law to be written
Notes:
US Constitution:
AMENDMENT [V.]
No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of
a Grand Jury, except in cases arising in the land or naval
forces, or in the Militia, when in actual service in time of War
or public danger; nor shall any person be subject for the same
offense to be twice put in jeopardy of life or limb; nor shall be
compelled in any criminal case to be a witness against himself,
nor be deprived of life, liberty, or property, without due process
of law; nor shall private property be taken for public use, without
just compensation.
VerDate Apr 14 2004 11:04 Apr 14, 2004 Jkt 077500 PO 00000 Frm 00026 Fmt 8221 Sfmt 8221 C:\CONAN\CON006.XXX PRFM99 PsN: CON00
AMENDMENT XIV. 6
No State
shall make or enforce any law which shall abridge the privileges
or immunities of citizens of the United States; nor shall
any State deprive any person of life, liberty, or property, without
due process of law; nor deny to any person within its jurisdiction
the equal protection of the laws.
No Soldier shall, in time of peace be quartered in any
house, without the consent of the Owner, nor in time of war,
but in a manner to be prescribed by law.
Article 3. The Wealth of the Nation
Economic Nature of the Free Free State of Jefferson. Recognizing
that history has shown that Capitalism is the economic system most
productive of the greatest good for the greatest numbers of people, and
that the system of capitalism arose out of the natural desire of the people
to improve the well being of themselves and future generations through
work and investment, the economic nature of the Free Free State of
Jefferson is that of a well-regulated capitalist state, where free enterprise
and accumulation of wealth are allowed but whose excesses are
shared by the government for the good of the masses of the people.
Equality of Labor and Capital. Neither Congress nor the Peopleʼs
Democracy shall pass any law which taxes labor at a higher rate than
capital. Neither Congress nor the Peopleʼs Democracy shall pass any law
which places Capital above Labor.
The Proper Disposition of the Wealth of the Nation. The wealth of
the nation, being a product of the work of the people, belongs to the
people as a whole, and shall be shared among the people, as a family
shares with its members. Furthermore, the Life, Liberty, and Happiness of
the People is enhanced when the wealth of the nation is distributed as
broadly as is reasonable. The Congress or the Peopleʼs Democracy may
lay and collect taxes on income or wealth, from whatever source derived,
for the good of the people, and in order to prevent the fruits of the
people's labor from passing into the hands of the few.
Restraint of Foreign Debt. Just as personal debt limits the freedom of
individuals, so to does Foreign Debt limit the freedom of the Free State
and the people who constitute its One Nation. Foreign Debt is intrinsically
inimical to the freedom and prosperity of the people. As a prudent person
limits his personal debt, so shall the Free Free State limit its foreign debt. It
shall be the duty of Congress to pass those laws which limit Foreign Debt
to that which is reasonable. Congress shall pass no law, nor shall
Congress enact any treaty, which causes foreign debt to be greater than
foreign assets, save in wartime or other emergency of the people or Free
State. (OR other national emergency.)
Restraint of Government Debt
Congress shall pass no budget in which spending exceeds income,
except by two-thirds vote. The Supreme Court, assisted by a body of
experts appointed by them, determine if any budget meets such a
requirement.
Timely ratification of budget.
Congress shall pass an annual budget of appropriations, no later than the
beginning of the fiscal year. If such a budget is not ratified by the start of the
fiscal year, the Supreme Court shall make such a finding. and shall levy a
fine on each member of such Congress, equal to 10% of the net wealth of
each member, per week, that such a budget has not been passed.
Expropriation of Corporate Assets.
Congress may expropriate the assets of any non-performing corporation
and transfer them to the workers of that corporation.
Takings. 2) takings shall be only real property
Restraint of Unfunded Mandates. The State shall place no mandates
on the localities, constitutional or otherwise, which require expenditure of
public funds, without providing those funds. The State may take control of
any local constitutional function which is not adequately funded. Such
determinations shall be made by the Supreme Court.cr
Restraint of Right of Profit. Congress shall pass no laws nor enact any
treaties, nor shall any government entity issue regulations, nor shall the
Supreme Court issue any decisions, guaranteeing the right of Capitalist
Investors to make a profit.
The State shall not cheat its citizens.
The Free State of Jefferson shall give reasonable compensation for all
goods and services it purchases.
The Free State of Jefferson shall give reasonable compensation for real
property taken for public use. Such compensation will not include
compensation based on the future value of such a property.


Article 5. Other Provisions.
Instant Run-Off Voting?
Denied Articles: Neither Congress nor the People's Democracy may
pass any law, nor shall the Supreme Court render any decision, which
favors one article of the Constitution while denying another.
Original Intent: The decisions of the Supreme Court shall place the
greatest weight on the Original Intent of the Framers of this Constitution.
Military subservient to civilian leaders. basic principle of democracy.
Corporate personhood not allowed.
Only individual, living persons shall have the rights enumerated in this
document. No corporation, business entity, or association of persons shall
have such rights.
In particular, no business entity shall have the right of free speech or the
right of trial by jury. In case of legal disputes involving such entities, they
shall have a right to trial presided over by three or more judges. (?)
Limitation of Arbitration
No contract shall be valid between a citizen and a business entity which
waives the individualʼs right to trial by jury in case of legal dispute involving
the citizen.
Strictures against Titles and Landed Seats of Nobility
The Free State of Jefferson shall make no laws or decisions which grant
special legal status to any Citizen of Jefferson who holds a Title of Nobility.
The Free State of Jefferson shall not allow the creation of any Title of
Nobility within the State of Jefferson.
The Free State of Jefferson shall not allow the creation within Jefferson of
any Landed Seat for any Title of Nobility.
No person holding any office of government may address any Citizen of
Jefferson by any Title of Nobility.
No person holding any office of government shall, without the consent of
Congress, accept any office or title from any foreign state or ruler.
Government shall not profit from illegal activity. No tax, fee, or fine
may be levied on any instance of illegal activity save in the course of
abatement of such activity. No property tax may be levied on any land use
which does not conform to law. Any such property tax must be disgorged
upon a finding of the appropriate governmental body that the aforesaid
use is nonconforming.
The Localities shall not compete with one another to offer
special tax breaks to corporations. No local government shall offer
special tax breaks to corporations.
Needs rewriting or rethinking:
Article 5. The Libertarian-Socialist Nature of the State of Jefferson
The Nature of the State of Jefferson is Libertarian because it is the
responsibility of the State to support the right of the individual to prosper
and grow both materially and spiritually. The Nature of the State of
Jefferson is also Socialist because it is the responsibility of the State to
provide for the Welfare of the People individually and as a whole. The
Supreme Court shall be the final arbiter of any legal or constitutional
dispute involving the Libertarian-Socialist Nature of the State of Jefferson.
12) Entheogens. Mystical consciousness being the birth right of all human
beings, no laws shall be passed which prohibit the well-regulated use of
entheogens.

 

 

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Heidi Walters

Bio:
Heidi Walters worked as a staff writer at the North Coast Journal from 2005 to 2015.

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