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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Business Enterprise for Minorities, Women, | ||||||
5 | and Persons with
Disabilities Act is amended by changing | ||||||
6 | Sections 4f, 6, and 8f as follows: | ||||||
7 | (30 ILCS 575/4f) | ||||||
8 | (Section scheduled to be repealed on June 30, 2020) | ||||||
9 | Sec. 4f. Award of State contracts to professional service | ||||||
10 | firms . | ||||||
11 | (1) It is hereby declared to be the public policy of the | ||||||
12 | State of Illinois to promote and encourage each State agency | ||||||
13 | and public institution of higher education to use businesses | ||||||
14 | owned by minorities, women, and persons with disabilities in | ||||||
15 | the area of goods and services, including, but not limited to, | ||||||
16 | insurance services, investment management services, | ||||||
17 | information technology services, accounting services, | ||||||
18 | architectural and engineering services, and legal services. | ||||||
19 | Furthermore, each State agency and public institution of higher | ||||||
20 | education shall utilize such firms to the greatest extent | ||||||
21 | feasible within the bounds of financial and fiduciary prudence, | ||||||
22 | and take affirmative steps to remove any barriers to the full | ||||||
23 | participation of such firms in the procurement and contracting |
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1 | opportunities afforded. | ||||||
2 | (a) When a State agency or public institution of higher | ||||||
3 | education, other than a community college, awards a | ||||||
4 | contract for insurance services, for each State agency or | ||||||
5 | public institution of higher education, it shall be the | ||||||
6 | aspirational goal to use insurance brokers owned by | ||||||
7 | minorities, women, and persons with disabilities as | ||||||
8 | defined by this Act, for not less than 20% of the total | ||||||
9 | annual premiums or fees. | ||||||
10 | (b) When a State agency or public institution of higher | ||||||
11 | education, other than a community college, awards a | ||||||
12 | contract for investment services, for each State agency or | ||||||
13 | public institution of higher education, it shall be the | ||||||
14 | aspirational goal to use emerging investment managers | ||||||
15 | owned by minorities, women, and persons with disabilities | ||||||
16 | as defined by this Act, for not less than 20% of the total | ||||||
17 | funds under management. Furthermore, it is the | ||||||
18 | aspirational goal that not less than 20% of the direct | ||||||
19 | asset managers of the State funds be minorities, women, and | ||||||
20 | persons with disabilities. | ||||||
21 | (c) When a State agency or public institution of higher | ||||||
22 | education, other than a community college, awards | ||||||
23 | contracts for information technology services, accounting | ||||||
24 | services, architectural and engineering services, and | ||||||
25 | legal services, for each State agency and public | ||||||
26 | institution of higher education, it shall be the |
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1 | aspirational goal to use such firms owned by minorities, | ||||||
2 | women, and persons with disabilities as defined by this Act | ||||||
3 | and lawyers who are minorities, women, and persons with | ||||||
4 | disabilities as defined by this Act, for not less than 20% | ||||||
5 | of the total dollar amount of State contracts. | ||||||
6 | (d) When a community college awards a contract for | ||||||
7 | insurance services, investment services, information | ||||||
8 | technology services, accounting services, architectural | ||||||
9 | and engineering services, and legal services, it shall be | ||||||
10 | the aspirational goal of each community college to use | ||||||
11 | businesses owned by minorities, women, and persons with | ||||||
12 | disabilities as defined in this Act for not less than 20% | ||||||
13 | of the total amount spent on contracts for these services | ||||||
14 | collectively. When a community college awards contracts | ||||||
15 | for investment services, contracts awarded to investment | ||||||
16 | managers who are not emerging investment managers as | ||||||
17 | defined in this Act shall not be considered businesses | ||||||
18 | owned by minorities, women, or persons with disabilities | ||||||
19 | for the purposes of this Section. | ||||||
20 | (2) As used in this Section: | ||||||
21 | "Accounting services" means the measurement, | ||||||
22 | processing and communication of financial information | ||||||
23 | about economic entities including, but is not limited to, | ||||||
24 | financial accounting, management accounting, auditing, | ||||||
25 | cost containment and auditing services, taxation and | ||||||
26 | accounting information systems. |
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1 | "Architectural and engineering services" means | ||||||
2 | professional services of an architectural or engineering | ||||||
3 | nature, or incidental services, that members of the | ||||||
4 | architectural and engineering professions, and individuals | ||||||
5 | in their employ, may logically or justifiably perform, | ||||||
6 | including studies, investigations, surveying and mapping, | ||||||
7 | tests, evaluations, consultations, comprehensive planning, | ||||||
8 | program management, conceptual designs, plans and | ||||||
9 | specifications, value engineering, construction phase | ||||||
10 | services, soils engineering, drawing reviews, preparation | ||||||
11 | of operating and maintenance manuals, and other related | ||||||
12 | services. | ||||||
13 | "Emerging investment manager" means an investment | ||||||
14 | manager or claims consultant having assets under | ||||||
15 | management below $10 billion or otherwise adjudicating | ||||||
16 | claims. | ||||||
17 | "Information technology services" means, but is not | ||||||
18 | limited to, specialized technology-oriented solutions by | ||||||
19 | combining the processes and functions of software, | ||||||
20 | hardware, networks, telecommunications, web designers, | ||||||
21 | cloud developing resellers, and electronics. | ||||||
22 | "Insurance broker" means an insurance brokerage firm, | ||||||
23 | claims administrator, or both, that procures, places all | ||||||
24 | lines of insurance, or administers claims with annual | ||||||
25 | premiums or fees of at least $5,000,000 but not more than | ||||||
26 | $10,000,000. |
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1 | "Legal services" means work performed by a lawyer | ||||||
2 | including, but not limited to, contracts in anticipation of | ||||||
3 | litigation, enforcement actions, or investigations. | ||||||
4 | (3) Each State agency and public institution of higher | ||||||
5 | education shall adopt policies that identify its plan and | ||||||
6 | implementation procedures for increasing the use of service | ||||||
7 | firms owned by minorities, women, and persons with | ||||||
8 | disabilities. | ||||||
9 | (4) The Except as provided in subsection (5), the Council | ||||||
10 | shall file no later than March 1 of each year an annual report | ||||||
11 | to the Governor and the General Assembly. The report filed with | ||||||
12 | the General Assembly shall be filed as required in Section 3.1 | ||||||
13 | of the General Assembly Organization Act. This report shall: | ||||||
14 | (i) identify the service firms used by each State agency and | ||||||
15 | public institution of higher education, (ii) identify the | ||||||
16 | actions it has undertaken to increase the use of service firms | ||||||
17 | owned by minorities, women, and persons with disabilities, | ||||||
18 | including encouraging non-minority-owned firms to use other | ||||||
19 | service firms owned by minorities, women, and persons with | ||||||
20 | disabilities as subcontractors when the opportunities arise, | ||||||
21 | (iii) state any recommendations made by the Council to each | ||||||
22 | State agency and public institution of higher education to | ||||||
23 | increase participation by the use of service firms owned by | ||||||
24 | minorities, women, and persons with disabilities, and (iv) | ||||||
25 | include the following: | ||||||
26 | (A) For insurance services: the names of the insurance |
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1 | brokers or claims consultants used, the total of risk | ||||||
2 | managed by each State agency and public institution of | ||||||
3 | higher education by insurance brokers, the total | ||||||
4 | commissions, fees paid, or both, the lines or insurance | ||||||
5 | policies placed, and the amount of premiums placed; and the | ||||||
6 | percentage of the risk managed by insurance brokers, the | ||||||
7 | percentage of total commission, fees paid, or both, the | ||||||
8 | lines or insurance policies placed, and the amount of | ||||||
9 | premiums placed with each by the insurance brokers owned by | ||||||
10 | minorities, women, and persons with disabilities by each | ||||||
11 | State agency and public institution of higher education. | ||||||
12 | (B) For investment management services: the names of | ||||||
13 | the investment managers used, the total funds under | ||||||
14 | management of investment managers; the total commissions, | ||||||
15 | fees paid, or both; the total and percentage of funds under | ||||||
16 | management of emerging investment managers owned by | ||||||
17 | minorities, women, and persons with disabilities, | ||||||
18 | including the total and percentage of total commissions, | ||||||
19 | fees paid, or both by each State agency and public | ||||||
20 | institution of higher education. | ||||||
21 | (C) The names of service firms, the percentage and | ||||||
22 | total dollar amount paid for professional services by | ||||||
23 | category by each State agency and public institution of | ||||||
24 | higher education. | ||||||
25 | (D) The names of service firms, the percentage and | ||||||
26 | total dollar amount paid for services by category to firms |
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1 | owned by minorities, women, and persons with disabilities | ||||||
2 | by each State agency and public institution of higher | ||||||
3 | education. | ||||||
4 | (E) The total number of contracts awarded for services | ||||||
5 | by category and the total number of contracts awarded to | ||||||
6 | firms owned by minorities, women, and persons with | ||||||
7 | disabilities by each State agency and public institution of | ||||||
8 | higher education. | ||||||
9 | (5) (Blank). For community college districts, the Business | ||||||
10 | Enterprise Council shall only report the following information | ||||||
11 | for each community college district: (i) the name of the | ||||||
12 | community colleges in the district, (ii) the name and contact | ||||||
13 | information of a person at each community college appointed to | ||||||
14 | be the single point of contact for vendors owned by minorities, | ||||||
15 | women, or persons with disabilities, (iii) the policy of the | ||||||
16 | community college district concerning certified vendors, (iv) | ||||||
17 | the certifications recognized by the community college | ||||||
18 | district for determining whether a business is owned or | ||||||
19 | controlled by a minority, woman, or person with a disability, | ||||||
20 | (v) outreach efforts conducted by the community college | ||||||
21 | district to increase the use of certified vendors, (vi) the | ||||||
22 | total expenditures by the community college district in the | ||||||
23 | prior fiscal year in the divisions of work specified in | ||||||
24 | paragraphs (a), (b), and (c) of subsection (1) of this Section | ||||||
25 | and the amount paid to certified vendors in those divisions of | ||||||
26 | work, and (vii) the total number of contracts entered into for |
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1 | the divisions of work specified in paragraphs (a), (b), and (c) | ||||||
2 | of subsection (1) of this Section and the total number of | ||||||
3 | contracts awarded to certified vendors providing these | ||||||
4 | services to the community college district. The Business | ||||||
5 | Enterprise Council shall not make any utilization reports under | ||||||
6 | this Act for community college districts for Fiscal Year 2015 | ||||||
7 | and Fiscal Year 2016, but shall make the report required by | ||||||
8 | this subsection for Fiscal Year 2017 and for each fiscal year | ||||||
9 | thereafter. The Business Enterprise Council shall report the | ||||||
10 | information in items (i), (ii), (iii), and (iv) of this | ||||||
11 | subsection beginning in September of 2016. The Business | ||||||
12 | Enterprise Council may collect the data needed to make its | ||||||
13 | report from the Illinois Community College Board. | ||||||
14 | (6) The status of the utilization of services shall be | ||||||
15 | discussed at each of the regularly scheduled Business | ||||||
16 | Enterprise Council meetings. Time shall be allotted for the | ||||||
17 | Council to receive, review, and discuss the progress of the use | ||||||
18 | of service firms owned by minorities, women, and persons with | ||||||
19 | disabilities by each State agency and public institution of | ||||||
20 | higher education; and any evidence regarding past or present | ||||||
21 | racial, ethnic, or gender-based discrimination which directly | ||||||
22 | impacts a State agency or public institution of higher | ||||||
23 | education contracting with such firms. If after reviewing such | ||||||
24 | evidence the Council finds that there is or has been such | ||||||
25 | discrimination against a specific group, race or sex, the | ||||||
26 | Council shall establish sheltered markets or adjust existing |
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1 | sheltered markets tailored to address the Council's specific | ||||||
2 | findings for the divisions of work specified in paragraphs (a), | ||||||
3 | (b), and (c) of subsection (1) of this Section.
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4 | (Source: P.A. 99-462, eff. 8-25-15; 99-642, eff. 7-28-16; | ||||||
5 | 100-391, eff. 8-25-17.)
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6 | (30 ILCS 575/6) (from Ch. 127, par. 132.606)
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7 | (Section scheduled to be repealed on June 30, 2020)
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8 | Sec. 6. Agency compliance plans. Each State agency and | ||||||
9 | public institutions of higher education
under the
jurisdiction | ||||||
10 | of this Act
shall file
with the Council an annual compliance | ||||||
11 | plan which shall outline the
goals of the State agency or | ||||||
12 | public institutions of higher education for contracting with | ||||||
13 | businesses owned by minorities, women, and
persons with | ||||||
14 | disabilities for the then current fiscal
year, the manner in | ||||||
15 | which the agency intends to reach these goals and a
timetable | ||||||
16 | for reaching these goals. The Council shall review and approve
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17 | the plan of each State agency and public institutions of higher | ||||||
18 | education and may reject any
plan that does
not comply with
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19 | this Act or any rules or regulations promulgated pursuant to | ||||||
20 | this Act.
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21 | (a) The compliance plan shall also include, but not be | ||||||
22 | limited to, (1) a
policy statement, signed by the State agency | ||||||
23 | or public institution of higher education head,
expressing a
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24 | commitment to
encourage the use of
businesses owned by
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25 | minorities, women, and persons with disabilities, (2) the |
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1 | designation of
the liaison
officer
provided for in Section 5 of | ||||||
2 | this Act, (3) procedures to distribute to
potential contractors | ||||||
3 | and vendors the list of all businesses legitimately classified | ||||||
4 | as businesses owned by
minorities, women, and persons with | ||||||
5 | disabilities and so certified under
this Act, (4) procedures to | ||||||
6 | set
separate contract goals on specific prime contracts and | ||||||
7 | purchase orders
with subcontracting possibilities based upon | ||||||
8 | the type of work or services
and subcontractor availability, | ||||||
9 | (5) procedures to assure that contractors
and vendors make good | ||||||
10 | faith efforts to meet contract goals, (6) procedures
for | ||||||
11 | contract goal exemption, modification and waiver, and (7) the | ||||||
12 | delineation
of separate contract goals for businesses owned by | ||||||
13 | minorities, women, and persons with
disabilities.
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14 | (b) Approval of the compliance plans shall include such | ||||||
15 | delegation of
responsibilities to the requesting State agency | ||||||
16 | or public institution of higher education as
the Council
deems | ||||||
17 | necessary
and appropriate to fulfill the purpose of this Act. | ||||||
18 | Such responsibilities
may include, but need not be limited to | ||||||
19 | those outlined in subsections (1),
(2) and (3) of Section 7, | ||||||
20 | paragraph (a) of Section 8, and Section 8a of this Act.
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21 | (c) Each State agency and public institution of higher | ||||||
22 | education under the jurisdiction of
this Act
shall
file with | ||||||
23 | the Council an annual report of its utilization of businesses | ||||||
24 | owned
by minorities, women, and persons with disabilities | ||||||
25 | during the preceding fiscal year including lapse period | ||||||
26 | spending
and a mid-fiscal year report of its utilization to |
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1 | date for the then current
fiscal year. The reports shall | ||||||
2 | include a self-evaluation of the efforts of the
State agency or | ||||||
3 | public institution of higher education to meet its goals under | ||||||
4 | the
Act.
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5 | (d) Notwithstanding any provisions to the contrary in this | ||||||
6 | Act,
any State
agency or public institution of higher education | ||||||
7 | which administers a construction program,
for which federal law | ||||||
8 | or regulations establish standards and procedures for
the | ||||||
9 | utilization of minority-owned and women-owned businesses and | ||||||
10 | disadvantaged businesses,
shall implement a disadvantaged | ||||||
11 | business enterprise program to include minority-owned and | ||||||
12 | women-owned businesses and disadvantaged businesses, using
the | ||||||
13 | federal
standards and procedures for the establishment of goals | ||||||
14 | and
utilization procedures for the State-funded, as well as the | ||||||
15 | federally
assisted, portions of the program. In such cases, | ||||||
16 | these goals shall not
exceed those established pursuant to the | ||||||
17 | relevant federal statutes or
regulations.
Notwithstanding the | ||||||
18 | provisions of Section 8b, the Illinois Department of
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19 | Transportation is authorized to establish sheltered markets | ||||||
20 | for the
State-funded portions of the program consistent with | ||||||
21 | federal law and
regulations.
Additionally, a compliance plan | ||||||
22 | which is filed by such State
agency or public institution of | ||||||
23 | higher education pursuant to this Act, which incorporates
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24 | equivalent terms and
conditions of its federally-approved | ||||||
25 | compliance plan, shall be deemed
approved under this Act.
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26 | (e) Each community college district shall file the annual |
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1 | compliance plan, mid-fiscal year report, and annual report as | ||||||
2 | specified in paragraphs (a) and (c) of this Section with the | ||||||
3 | Illinois Community College Board. The Illinois Community | ||||||
4 | College Board shall compile and submit the reports required | ||||||
5 | under this Section to the Secretary of the Council. | ||||||
6 | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
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7 | (30 ILCS 575/8f)
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8 | (Section scheduled to be repealed on June 30, 2020)
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9 | Sec. 8f. Annual report. The Council shall file no later | ||||||
10 | than March 1
of each year, an annual report that shall detail | ||||||
11 | the level of achievement
toward the
goals specified in this Act | ||||||
12 | over the 3 most recent fiscal years. The annual
report shall | ||||||
13 | include, but need not be limited to the following:
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14 | (1) a summary detailing expenditures subject to the | ||||||
15 | goals, the
actual goals specified, and the goals attained | ||||||
16 | by each State agency and public institution of higher | ||||||
17 | education;
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18 | (2) a summary of the number of contracts awarded and | ||||||
19 | the average contract
amount by each State agency and public | ||||||
20 | institution of higher education;
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21 | (3) an analysis of the level of overall goal | ||||||
22 | achievement concerning
purchases
from minority-owned | ||||||
23 | businesses, women-owned businesses, and businesses owned | ||||||
24 | by
persons with disabilities;
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25 | (4) an analysis of the number of businesses owned by |
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1 | minorities, women,
and persons with disabilities that are | ||||||
2 | certified under the program as well as
the number of those | ||||||
3 | businesses that received State procurement contracts; and
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4 | (5) a summary of the number of contracts awarded to | ||||||
5 | businesses with annual
gross sales of less than $1,000,000; | ||||||
6 | of $1,000,000 or more, but less than
$5,000,000; of
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7 | $5,000,000 or more, but less than $10,000,000; and of | ||||||
8 | $10,000,000 or more ; and .
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9 | (6) for community college districts, the Council shall | ||||||
10 | only report the following information for each community | ||||||
11 | college district: (i) the name of the community colleges in | ||||||
12 | the district; (ii) the name and contact information of a | ||||||
13 | person at each community college appointed to be the single | ||||||
14 | point of contact for vendors owned by minorities, women, or | ||||||
15 | persons with disabilities; (iii) the policy of the | ||||||
16 | community college district concerning certified vendors; | ||||||
17 | (iv) the certifications recognized by the community | ||||||
18 | college district for determining whether a business is | ||||||
19 | owned or controlled by a minority, woman, or person with a | ||||||
20 | disability; (v) outreach efforts conducted by the | ||||||
21 | community college district to increase the use of certified | ||||||
22 | vendors; (vi) the total expenditures by the community | ||||||
23 | college district in the prior fiscal year in the divisions | ||||||
24 | of work specified in paragraph (d) of subsection (1) of | ||||||
25 | Section 4f and the amount paid to certified vendors in | ||||||
26 | those divisions of work; (vii) the total number of |
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1 | contracts entered into for the divisions of work specified | ||||||
2 | in paragraph (d) of subsection (1) of Section 4f and the | ||||||
3 | total number of contracts awarded to certified vendors | ||||||
4 | providing these services to the community college | ||||||
5 | district; (viii) the total expenditures and the total | ||||||
6 | number of State contracts entered into by the community | ||||||
7 | college district in the prior fiscal year as specified in | ||||||
8 | paragraph (a) of Section 4, and the amount paid to | ||||||
9 | certified vendors and the total number of contract awarded | ||||||
10 | to vendors; and (ix) the total expenditures and the total | ||||||
11 | number of contracts entered into by the community college | ||||||
12 | district in the prior fiscal year as specified under | ||||||
13 | paragraph (b) of Section 4, and the amount paid to | ||||||
14 | certified vendors and the total number of contracts awarded | ||||||
15 | to certified vendors. | ||||||
16 | Each community college shall file the information required | ||||||
17 | under paragraph (6) with the Illinois Community College Board. | ||||||
18 | The Illinois Community College Board shall compile and submit | ||||||
19 | the reports required under paragraph (6) to the Secretary of | ||||||
20 | the Council. | ||||||
21 | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
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