Full Text of HB1597 96th General Assembly
HB1597sam004 96TH GENERAL ASSEMBLY
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Sen. Susan Garrett
Filed: 5/26/2010
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| AMENDMENT TO HOUSE BILL 1597
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| AMENDMENT NO. ______. Amend House Bill 1597 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Regional Transportation Authority Act is | 5 |
| amended by adding Section 3B.17 as follows: | 6 |
| (70 ILCS 3615/3B.17 new) | 7 |
| Sec. 3B.17. Commuter Rail Inspector General. | 8 |
| (a) The Governor shall, with the advice and consent of the | 9 |
| Senate by three-fifths of the elected members concurring by | 10 |
| record vote, appoint a Commuter Rail Inspector General for the | 11 |
| purpose of detection, deterrence, and prevention of fraud, | 12 |
| corruption, and mismanagement in the Commuter Rail Division. | 13 |
| The Commuter Rail Inspector General shall serve a 5-year term. | 14 |
| If, during a recess of the Senate, there is a vacancy in the | 15 |
| Office of the Commuter Rail Inspector General, the Governor | 16 |
| shall make a temporary appointment until the next meeting of |
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| the Senate when the Governor shall make a nomination to fill | 2 |
| that office. No person rejected for the Office of the Commuter | 3 |
| Rail Inspector General shall, except by the Senate's request, | 4 |
| be nominated again for that office at the same session of the | 5 |
| Senate or be appointed to that office during a recess of that | 6 |
| Senate. The Governor may not appoint a relative, as defined by | 7 |
| item (6) of Section 10-15 of the State Officials and Employees | 8 |
| Ethics Act, as the Commuter Rail Inspector General. The | 9 |
| Commuter Rail Inspector General may be removed only for cause | 10 |
| and may be removed only by the Governor. | 11 |
| (b) The Commuter Rail Inspector General shall have the | 12 |
| following qualifications: | 13 |
| (1) has not been convicted of any felony under the laws | 14 |
| of this State, another state, or the United States; | 15 |
| (2) has earned a baccalaureate degree from an | 16 |
| institution of higher education; and | 17 |
| (3) has 5 or more years of cumulative service (i) with | 18 |
| a federal, state, or local law enforcement agency, at least | 19 |
| 2 years of which have been in a progressive investigatory | 20 |
| capacity; (ii) as a federal, state, or local prosecutor; | 21 |
| (iii) as a federal or state judge with a criminal docket; | 22 |
| (iv) as a senior manager or executive of a federal, state, | 23 |
| or local agency; or (v) representing any combination of (i) | 24 |
| through (iv). | 25 |
| (c) The term of the initial Commuter Rail Inspector General | 26 |
| shall commence upon qualification and shall run through June |
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| 30, 2015. The initial appointment shall be made within 60 days | 2 |
| after the effective date of this amendatory Act of the 96th | 3 |
| General Assembly. After the initial term, each Commuter Rail | 4 |
| Inspector General shall serve for 5-year terms commencing on | 5 |
| July 1 of the year of appointment and running through June 30 | 6 |
| of the fifth following year. A Commuter Rail Inspector General | 7 |
| may be reappointed to one or more subsequent terms. A vacancy | 8 |
| occurring other than at the end of a term shall be filled by | 9 |
| the Governor only for the balance of the term of the Commuter | 10 |
| Rail Inspector General whose office is vacant. Terms shall run | 11 |
| regardless of whether the position is filled. | 12 |
| (d) The Commuter Rail Inspector General shall have | 13 |
| jurisdiction over the Commuter Rail Division and all officers | 14 |
| and employees of, and vendors, subcontractors, and others doing | 15 |
| business with the Commuter Rail Division. The jurisdiction of | 16 |
| the Commuter Rail Inspector General is to investigate | 17 |
| allegations of fraud, waste, abuse, mismanagement, misconduct, | 18 |
| nonfeasance, misfeasance, or malfeasance. Investigations may | 19 |
| be based on complaints from any source, including anonymous | 20 |
| sources, and may be self-initiated, without a complaint. An | 21 |
| investigation may not be initiated more than 5 years after the | 22 |
| most recent act of the alleged violation or of a series of | 23 |
| alleged violations except where there is reasonable cause to | 24 |
| believe that fraudulent concealment has occurred. To | 25 |
| constitute fraudulent concealment sufficient to toll this | 26 |
| limitations period, there must be an affirmative act or |
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| representation calculated to prevent discovery of the fact that | 2 |
| a violation has occurred. The authority to investigate alleged | 3 |
| violations of the State Officials and Employees Ethics Act by | 4 |
| officers, employees, vendors, subcontractors, and others doing | 5 |
| business with the Commuter Rail Division shall remain with the | 6 |
| Office of the Governor's Executive Inspector General. The | 7 |
| Commuter Rail Inspector General shall refer allegations of | 8 |
| misconduct under the State Officials and Employees Ethics Act | 9 |
| to the Office of the Governor's Executive Inspector General for | 10 |
| investigation. Upon completion of its investigation into such | 11 |
| allegations, the Office of the Governor's Executive Inspector | 12 |
| General shall report the results to the Commuter Rail Inspector | 13 |
| General, and the results of the investigation shall remain | 14 |
| subject to any applicable confidentiality provisions in the | 15 |
| State Officials and Employees Ethics Act. Where an | 16 |
| investigation into a target or targets is split between | 17 |
| allegations of misconduct under the State Officials and | 18 |
| Employees Ethics Act, investigated by the Office of the | 19 |
| Governor's Executive Inspector General, and allegations that | 20 |
| are not of misconduct under the State Officials and Employees | 21 |
| Ethics Act, investigated by the Commuter Rail Inspector | 22 |
| General, the Commuter Rail Inspector General shall take | 23 |
| reasonable steps, including continued consultation with the | 24 |
| Office of the Governor's Executive Inspector General, to ensure | 25 |
| that its investigation will not interfere with or disrupt any | 26 |
| investigation by the Office of the Governor's Executive |
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| Inspector General or law enforcement authorities. In instances | 2 |
| in which the Commuter Rail Inspector General continues to | 3 |
| investigate other allegations associated with allegations that | 4 |
| have been referred to the Office of the Governor's Executive | 5 |
| Inspector General pursuant to this subsection, the Commuter | 6 |
| Rail Inspector General shall report the results of its | 7 |
| investigation to the Office of the Governor's Executive | 8 |
| Inspector General. | 9 |
| (e)(1) If the Commuter Rail Inspector General, upon the | 10 |
| conclusion of an investigation, determines that reasonable | 11 |
| cause exists to believe that fraud, waste, abuse, | 12 |
| mismanagement, misconduct, nonfeasance, misfeasance, or | 13 |
| malfeasance has occurred, then the Commuter Rail Inspector | 14 |
| General shall issue a summary report of the investigation. The | 15 |
| report shall be delivered to the appropriate authority pursuant | 16 |
| to paragraph (3) of subsection (f) of this Section, which shall | 17 |
| have 20 days to respond to the report. | 18 |
| (2) The summary report of the investigation shall | 19 |
| include the following: | 20 |
| (A) A description of any allegations or other | 21 |
| information received by the Commuter Rail Inspector | 22 |
| General pertinent to the investigation. | 23 |
| (B) A description of any alleged misconduct | 24 |
| discovered in the course of the investigation. | 25 |
| (C) Recommendations for any corrective or | 26 |
| disciplinary action to be taken in response to any |
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| alleged misconduct described in the report, including | 2 |
| but not limited to discharge. | 3 |
| (D) Other information the Commuter Rail Inspector | 4 |
| General deems relevant to the investigation or | 5 |
| resulting recommendations. | 6 |
| (3) Within 60 days after issuance of a final summary | 7 |
| report that resulted in a suspension of at least 3 days or | 8 |
| termination of employment, the Commuter Rail Inspector | 9 |
| General shall make the report available to the public by | 10 |
| presenting the report to the Commuter Rail Board and by | 11 |
| posting to the Commuter Rail Board's public website. The | 12 |
| Commuter Rail Inspector General shall redact information | 13 |
| in the summary report that may reveal the identity of | 14 |
| witnesses, complainants, or informants or if the Commuter | 15 |
| Rail Inspector General determines it is appropriate to | 16 |
| protect the identity of a person before the report is made | 17 |
| public. The Commuter Rail Inspector General may also redact | 18 |
| any information that he or she believes should not be made | 19 |
| public, taking into consideration the factors set forth in | 20 |
| this subsection and paragraph (1) of subsection (k) of this | 21 |
| Section and other factors deemed relevant by the Commuter | 22 |
| Rail Inspector General to protect the Commuter Rail | 23 |
| Division and any investigations by the Commuter Rail | 24 |
| Inspector General, other inspector general offices, or law | 25 |
| enforcement agencies. Prior to publication, the Commuter | 26 |
| Rail Inspector General shall permit the respondents and the |
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| appropriate authority pursuant to paragraph (3) of | 2 |
| subsection (f) of this Section to review the report and the | 3 |
| documents to be made public and offer suggestions for | 4 |
| redaction or provide a response that shall be made public | 5 |
| with the summary report, provided, however, that the | 6 |
| Commuter Rail Inspector General shall have the sole and | 7 |
| final authority to decide what redactions should be made. | 8 |
| The Commuter Rail Inspector General may make available to | 9 |
| the public any other summary report and any such responses | 10 |
| or a redacted version of the report and responses. | 11 |
| (4) When the Commuter Rail Inspector General concludes | 12 |
| that there is insufficient evidence that a violation has | 13 |
| occurred, the Commuter Rail Inspector General shall close | 14 |
| the investigation. The Commuter Rail Inspector General | 15 |
| shall provide the appropriate authority pursuant to | 16 |
| paragraph (3) of subsection (f) of this Section with a | 17 |
| written statement of the Commuter Rail Inspector General's | 18 |
| decision to close the investigation. At the request of the | 19 |
| subject of the investigation, the Commuter Rail Inspector | 20 |
| General shall provide a written statement to the subject of | 21 |
| the investigation of the Commuter Rail Inspector General's | 22 |
| decision to close the investigation. Closure by the | 23 |
| Commuter Rail Inspector General does not bar the Commuter | 24 |
| Rail Inspector General from resuming the investigation if | 25 |
| circumstances warrant. | 26 |
| (f) The Commuter Rail Inspector General shall: |
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| (1) Have access to all information and personnel | 2 |
| necessary to perform the duties of the office. | 3 |
| (2) Have the power to subpoena witnesses and compel the | 4 |
| production of books and papers pertinent to an | 5 |
| investigation authorized by this Section. A subpoena may be | 6 |
| issued under this subparagraph (2) only by the Commuter | 7 |
| Rail Inspector General and not by members of the Commuter | 8 |
| Rail Inspector General's staff. Any person subpoenaed by | 9 |
| the Commuter Rail Inspector General has the same rights, | 10 |
| under Illinois law, as a person subpoenaed by a grand jury. | 11 |
| The power to subpoena or to compel the production of books | 12 |
| and papers, however, shall not extend to the person or | 13 |
| documents of a labor organization or its representatives | 14 |
| insofar as the person or documents of a labor organization | 15 |
| relate to the function of representing an employee subject | 16 |
| to investigation under this Section. Subject to a person's | 17 |
| privilege against self-incrimination, any person who fails | 18 |
| to appear in response to a subpoena, answer any question, | 19 |
| or produce any books or papers pertinent to an | 20 |
| investigation under this Section, except as otherwise | 21 |
| provided in this Section, or who knowingly gives false | 22 |
| testimony in relation to an investigation under this | 23 |
| Section is guilty of a Class A misdemeanor. | 24 |
| (3) Submit reports as required by this Section and | 25 |
| applicable administrative rules. Final reports and | 26 |
| recommendations shall be submitted to the Commuter Rail |
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| Board's Executive Director and the Board of Directors of | 2 |
| the Commuter Rail Board for investigations not involving | 3 |
| the Commuter Rail Board. Final reports and recommendations | 4 |
| shall be submitted to the Chair of the Commuter Rail Board | 5 |
| and to the Governor for investigations of any Board member | 6 |
| other than the Chair of the Commuter Rail Board. Final | 7 |
| reports and recommendations for investigations of the | 8 |
| Chair of the Commuter Rail Board shall be submitted to the | 9 |
| Governor. | 10 |
| (4) Participate in or conduct, when appropriate, | 11 |
| multi-jurisdictional investigations provided the | 12 |
| investigation involves the Commuter Rail Division in some | 13 |
| way, including, but not limited to, joint investigations | 14 |
| with the Office of the Governor's Executive Inspector | 15 |
| General, or with State, local, or federal law enforcement | 16 |
| authorities. | 17 |
| (5) Serve as the Commuter Rail Division's primary | 18 |
| liaison with law enforcement, investigatory, and | 19 |
| prosecutorial agencies and, in that capacity, the Commuter | 20 |
| Rail Inspector General may request any information or | 21 |
| assistance that may be necessary for carrying out the | 22 |
| duties and responsibilities provided by this Section from | 23 |
| any local, state, or federal governmental agency or unit | 24 |
| thereof. | 25 |
| (6) Review hiring and employment files of the Commuter | 26 |
| Rail Division to ensure compliance with Rutan v. Republican |
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| Party of Illinois, 497 U.S. 62 (1990), and with all | 2 |
| applicable employment laws. | 3 |
| (7) Establish a policy that ensures the appropriate | 4 |
| handling and correct recording of all investigations | 5 |
| conducted by the Office, and ensures that the policy is | 6 |
| accessible via the Internet in order that those seeking to | 7 |
| report suspected wrongdoing are familiar with the process | 8 |
| and that the subjects of those allegations are treated | 9 |
| fairly. | 10 |
| (8) Receive and investigate complaints or information | 11 |
| from an employee of the Commuter Rail Division concerning | 12 |
| the possible existence of an activity constituting a | 13 |
| violation of law, rules or regulations, mismanagement, | 14 |
| abuse of authority, or substantial and specific danger to | 15 |
| the public health and safety. Any employee of the Commuter | 16 |
| Rail Division who knowingly files a false complaint or | 17 |
| files a complaint with reckless disregard for the truth or | 18 |
| falsity of the facts underlying the complaint may be | 19 |
| subject to discipline. | 20 |
| (9) Review, coordinate, and recommend methods and | 21 |
| procedures to increase the integrity of the Commuter Rail | 22 |
| Division. | 23 |
| (g) Within 6 months after appointment, the initial Commuter | 24 |
| Rail Inspector General shall propose rules, in accordance with | 25 |
| the provisions of the Illinois Administrative Procedure Act, | 26 |
| establishing minimum requirements for initiating, conducting, |
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| and completing investigations. The rules must establish | 2 |
| criteria for determining, based upon the nature of the | 3 |
| allegation, the appropriate method of investigation, which may | 4 |
| include, but is not limited to, site visits, telephone | 5 |
| contacts, personal interviews, or requests for written | 6 |
| responses. The rules must establish the process, contents, and | 7 |
| timing for final reports and recommendations by the Commuter | 8 |
| Rail Inspector General and for a response and any remedial or | 9 |
| disciplinary, or both, action by an individual or individuals | 10 |
| receiving the final reports and recommendations. The rules must | 11 |
| also clarify how the Office of the Commuter Rail Inspector | 12 |
| General shall interact with other local, state, and federal law | 13 |
| enforcement authorities and investigations. Such rules shall | 14 |
| provide that investigations and inquiries by the Office of the | 15 |
| Commuter Rail Inspector General must be conducted in compliance | 16 |
| with the provisions of any collective bargaining agreement that | 17 |
| applies to the affected employees of the Commuter Rail Board | 18 |
| and that any recommendation for discipline or other action | 19 |
| against any employee by the Office of the Commuter Rail | 20 |
| Inspector General must comply with the provisions of any | 21 |
| applicable collective bargaining agreement. | 22 |
| (h) The Office of the Commuter Rail Inspector General shall | 23 |
| be an independent office of the Commuter Rail Division. Within | 24 |
| its annual budget, the Commuter Rail Board shall provide a | 25 |
| clearly delineated budget for the Office of the Commuter Rail | 26 |
| Inspector General. The budget of the Office of the Commuter |
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| Rail Inspector General shall be adequate to support an | 2 |
| independent and effective office. Except with the consent of | 3 |
| the Commuter Rail Inspector General, the Commuter Rail Board | 4 |
| shall not reduce the budget of the Office of the Commuter Rail | 5 |
| Inspector General by more than 10% (i) within any fiscal year | 6 |
| or (ii) over the 5-year term of each Commuter Rail Inspector | 7 |
| General. To the extent allowed by law and the Commuter Rail | 8 |
| Board's policies, the Commuter Rail Inspector General shall | 9 |
| have sole responsibility for organizing the Office of the | 10 |
| Commuter Rail Inspector General within the budget established | 11 |
| by the Commuter Rail Board, including the recruitment, | 12 |
| supervision, and discipline of the employees of that office. | 13 |
| The Commuter Rail Inspector General shall report directly to | 14 |
| the Board of Directors of the Commuter Rail Board with respect | 15 |
| to the prompt and efficient operation of the Office of the | 16 |
| Commuter Rail Inspector General. | 17 |
| (i)(1) No Commuter Rail Inspector General or employee of | 18 |
| the Office of the Commuter Rail Inspector General may, during | 19 |
| his or her term of appointment or employment: | 20 |
| (A) become a candidate for any elective office; | 21 |
| (B) hold any other elected or appointed public | 22 |
| office except for appointments on governmental | 23 |
| advisory boards or study commissions or as otherwise | 24 |
| expressly authorized by law; | 25 |
| (C) be actively involved in the affairs of any | 26 |
| political party or political organization; or |
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| (D) advocate for the appointment of another person | 2 |
| to an appointed public office or elected office or | 3 |
| position or actively participate in any campaign for | 4 |
| any elective office. | 5 |
| As used in this paragraph (1), "appointed public | 6 |
| office" means a position authorized by law that is filled | 7 |
| by an appointing authority as provided by law and does not | 8 |
| include employment by hiring in the ordinary course of | 9 |
| business. | 10 |
| (2) No Commuter Rail Inspector General or employee of | 11 |
| the Office of the Commuter Rail Inspector General may, for | 12 |
| one year after the termination of his or her appointment or | 13 |
| employment: | 14 |
| (A) become a candidate for any elective office; | 15 |
| (B) hold any elected public office; or | 16 |
| (C) hold any appointed State, county, or local | 17 |
| judicial office. | 18 |
| (3) The requirements of subparagraph (C) of paragraph | 19 |
| (2) of this subsection may be waived by the Executive | 20 |
| Ethics Commission. | 21 |
| (j) All Board members, officers, and employees of the | 22 |
| Commuter Rail Division have a duty to cooperate with the | 23 |
| Commuter Rail Inspector General and employees of the Office of | 24 |
| the Commuter Rail Inspector General in any investigation | 25 |
| undertaken pursuant to this Section. Failure to cooperate | 26 |
| includes, but is not limited to, intentional omissions and |
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| knowing false statements. Failure to cooperate with an | 2 |
| investigation pursuant to this Section is grounds for | 3 |
| disciplinary action, including termination of employment. | 4 |
| Nothing in this Section limits or alters a person's existing | 5 |
| rights or protections under State or federal law. | 6 |
| (k)(1) The identity of any individual providing | 7 |
| information or reporting any possible or alleged | 8 |
| misconduct to the Commuter Rail Inspector General shall be | 9 |
| kept confidential and may not be disclosed without the | 10 |
| consent of that individual, unless the individual consents | 11 |
| to disclosure of his or her name or disclosure of the | 12 |
| individual's identity is otherwise required by law. The | 13 |
| confidentiality granted by this subsection does not | 14 |
| preclude the disclosure of the identity of a person in any | 15 |
| capacity other than as the source of an allegation. | 16 |
| (2) Subject to the provisions of subsection (e) of this | 17 |
| Section, the Commuter Rail Inspector General, and | 18 |
| employees and agents of the Office of the Commuter Rail | 19 |
| Inspector General, shall keep confidential and shall not | 20 |
| disclose information exempted from disclosure under the | 21 |
| Freedom of Information Act or by this Act. | 22 |
| (l) If the Commuter Rail Inspector General determines that | 23 |
| any alleged misconduct involves any person not subject to the | 24 |
| jurisdiction of the Commuter Rail Inspector General, the | 25 |
| Commuter Rail Inspector General shall refer the reported | 26 |
| allegations to the appropriate Inspector General, appropriate |
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| ethics commission, or other appropriate body. If the Commuter | 2 |
| Rail Inspector General determines that any alleged misconduct | 3 |
| may give rise to criminal penalties, the Commuter Rail | 4 |
| Inspector General may refer the allegations regarding that | 5 |
| misconduct to the appropriate law enforcement authority. If a | 6 |
| Commuter Rail Inspector General determines that any alleged | 7 |
| misconduct resulted in the loss of public funds in an amount of | 8 |
| $5,000 or greater, the Commuter Rail Inspector General shall | 9 |
| refer the allegations regarding that misconduct to the Attorney | 10 |
| General and any other appropriate law enforcement authority. | 11 |
| (m) The Commuter Rail Inspector General shall provide to | 12 |
| the Governor, the Commuter Rail Board, and the General Assembly | 13 |
| a summary of reports and investigations made under this Section | 14 |
| no later than March 31 and September 30 of each year. The | 15 |
| summaries shall detail the final disposition of the Inspector | 16 |
| General's recommendations. The summaries shall not contain any | 17 |
| confidential or identifying information concerning the | 18 |
| subjects of the reports and investigations. The summaries shall | 19 |
| also include detailed, recommended administrative actions and | 20 |
| matters for consideration by the Governor, the Commuter Rail | 21 |
| Board, and the General Assembly. | 22 |
| (n) Any employee of the Commuter Rail Division subject to | 23 |
| investigation or inquiry by the Commuter Rail Inspector General | 24 |
| or any agent or representative of the Commuter Rail Inspector | 25 |
| General concerning misconduct that is criminal in nature shall | 26 |
| have the right to be notified of the right to remain silent |
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| during the investigation or inquiry and the right to be | 2 |
| represented in the investigation or inquiry by an attorney or a | 3 |
| representative of a labor organization that is the exclusive | 4 |
| collective bargaining representative of employees of the | 5 |
| Commuter Rail Division. Any investigation or inquiry by the | 6 |
| Commuter Rail Inspector General or any agent or representative | 7 |
| of the Commuter Rail Inspector General must be conducted in | 8 |
| accordance with the rights of the employees as set forth in | 9 |
| State and federal law and applicable judicial decisions. Any | 10 |
| recommendations for discipline or any action taken against any | 11 |
| employee by the Commuter Rail Inspector General or any | 12 |
| representative or agent of the Commuter Rail Inspector General | 13 |
| must comply with the provisions of the collective bargaining | 14 |
| agreement that applies to the employee. | 15 |
| (o) Nothing in this Section shall diminish the rights, | 16 |
| privileges, or remedies of a State employee under any other | 17 |
| federal or State law, rule, or regulation or under any | 18 |
| collective bargaining agreement. ".
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