Full Text of HB5704 098th General Assembly
HB5704eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Migrant Labor Camp Law is amended | 5 | | by changing Sections 2, 3, 4, 6, 7, 8, 9, 9.1, 10, 11, 12, 14, | 6 | | and 16 and by adding Sections 20 and 25 as follows:
| 7 | | (210 ILCS 110/2) (from Ch. 111 1/2, par. 185.2)
| 8 | | Sec. 2. When used in this Act:
| 9 | | "Migrant Labor Camp" means one or more buildings, | 10 | | structures, tents,
trailers or vehicles or any combination | 11 | | thereof together with the land
appertaining thereto | 12 | | established, operated or maintained as living quarters
for ten | 13 | | or more migrant workers or 4 or more families containing | 14 | | migrant
workers who are engaged in agricultural activities.
| 15 | | "Migrant Worker" means any person who moves seasonally from | 16 | | one place to
another, within or without the State, for the | 17 | | purpose of employment in
agricultural activities.
| 18 | | "Agricultural Activities" means and includes planting, | 19 | | raising or
harvesting of any agricultural or horticultural | 20 | | commodities, including the
related handling, packing and | 21 | | processing upon the farm where produced or at
the point of | 22 | | first processing.
| 23 | | "Department" means the Department of Public Health of the |
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| 1 | | State of
Illinois.
| 2 | | "Director" means the Director of the Department of Public | 3 | | Health.
| 4 | | "Person" means any individual, group of individuals, | 5 | | association, trust, partnership, limited liability company, | 6 | | corporation, or person doing business under an assumed name, or | 7 | | any other entity person, partnership, firm, association or
| 8 | | corporation .
| 9 | | (Source: Laws 1965, p. 2356.)
| 10 | | (210 ILCS 110/3) (from Ch. 111 1/2, par. 185.3)
| 11 | | Sec. 3.
No person shall operate or maintain a Migrant Labor | 12 | | Camp within the
State of Illinois without first having obtained | 13 | | a license therefor from the
Department. Licenses shall be | 14 | | issued upon application, upon a calendar year basis and renewed
| 15 | | from year to year upon compliance with the requirements of this | 16 | | Act , and
upon payment of the annual license fee. | 17 | | Notwithstanding the date that an application for a license was | 18 | | submitted, a license issued pursuant to this Act shall expire | 19 | | on December 31 of the year in which the license was issued. | 20 | | Establishments that provide housing for
migrant workers for | 21 | | fewer than 10 migrant workers or fewer than 4 families
| 22 | | containing migrant workers shall meet the minimum standards | 23 | | established by
the Department but shall not be required to be | 24 | | licensed.
| 25 | | (Source: P.A. 86-595.)
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| 1 | | (210 ILCS 110/4) (from Ch. 111 1/2, par. 185.4)
| 2 | | Sec. 4.
Applications for a license to operate or maintain a | 3 | | Migrant Labor
Camp or for a renewal thereof shall be made upon | 4 | | paper or electronic forms to be furnished by
the Department. | 5 | | Such application shall include:
| 6 | | (a) The name and address of the applicant or applicants. If | 7 | | the
applicant is a partnership, the names and addresses of all | 8 | | the partners
shall also be given. If the applicant is a | 9 | | corporation, the names and
addresses of the principal officers | 10 | | of the corporation shall be given.
| 11 | | (b) The approximate legal description and the address of | 12 | | the tract of
land upon which the applicant proposes to operate | 13 | | and maintain such Migrant
Labor Camp.
| 14 | | (c) A general plan or sketch of the camp site showing the | 15 | | location of
the buildings or facilities together with a | 16 | | description of the buildings,
of the water supply, of the | 17 | | toilet, bathing and laundry facilities, and of
the fire | 18 | | protection equipment.
| 19 | | (d) The date upon which the occupancy and use of the | 20 | | Migrant Labor Camp
will commence.
| 21 | | The application for the original license or for any renewal | 22 | | thereof
shall be accompanied by a fee of $100.
| 23 | | Application for the original license or for a renewal of | 24 | | the license shall be
filed with the Department at least 5 | 25 | | business 60 days prior to the date on
which the occupancy and |
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| 1 | | use of such camp is to commence. Application for a renewal | 2 | | license shall be filed with the Department at least 60 days | 3 | | prior to the expiration date of the current license. The camp | 4 | | shall be
ready for inspection at least 3 business 30 days prior | 5 | | to the date upon which the
occupancy and use of such camp is to | 6 | | commence.
| 7 | | (Source: P.A. 97-135, eff. 7-14-11.)
| 8 | | (210 ILCS 110/6) (from Ch. 111 1/2, par. 185.6)
| 9 | | Sec. 6.
Upon receipt of an application for a license, the | 10 | | Department shall
inspect , at its earliest opportunity, the camp | 11 | | site and the facilities described in the application. If the | 12 | | Department finds that the Migrant Labor
Camp described in the | 13 | | application meets and complies with the provisions of
this Act | 14 | | and the rules and regulations of the Department in relation
| 15 | | thereto, the Director shall issue a license to
the applicant | 16 | | for the operation of the camp.
| 17 | | If the application is denied, the Department shall notify | 18 | | the applicant
in writing of such denial setting forth the
| 19 | | reasons therefor. If the conditions constituting the basis for | 20 | | such denial
are remediable, the applicant may correct such | 21 | | conditions and notify the
Department in writing indicating | 22 | | therein the manner in which such
conditions have been remedied. | 23 | | Notifications of corrections shall be
processed in the same | 24 | | manner as the original application.
| 25 | | (Source: P.A. 97-135, eff. 7-14-11.)
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| 1 | | (210 ILCS 110/7) (from Ch. 111 1/2, par. 185.7)
| 2 | | Sec. 7.
If the Department finds that the facilities of any | 3 | | Migrant Labor
Camp for which a license is sought are not in | 4 | | compliance with the
provisions of this Act and the rules and | 5 | | regulations of the Department
relating thereto, but that such | 6 | | camp is habitable without undue prejudice
to the migrant | 7 | | workers and their families, the Department may issue a
| 8 | | conditional license setting forth the conditions on which the | 9 | | license is
issued, the manner in which the camp fails to comply | 10 | | with the Act and such
rules and regulations , and shall set | 11 | | forth the time, not to exceed three
years, within which the | 12 | | applicant must make any changes or corrections
necessary in | 13 | | order for such camp to fully comply with this Act and the
rules | 14 | | and regulations of the Department relating thereto. No more | 15 | | than
three consecutive annual conditional licenses may be | 16 | | issued with respect to
any one camp.
| 17 | | (Source: Laws 1961, p. 3904.)
| 18 | | (210 ILCS 110/8) (from Ch. 111 1/2, par. 185.8)
| 19 | | Sec. 8.
Plans for the construction of a Migrant Labor Camp | 20 | | or for any
major alteration or major expansion in any such camp | 21 | | or the facilities
thereof shall be submitted to the Department | 22 | | for approval prior to the
construction or the making of such | 23 | | major alteration or major expansion.
The Department shall by | 24 | | rule define what constitutes a major alteration and
a major |
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| 1 | | expansion. The plans shall contain the information necessary to
| 2 | | show compliance with the Act. Such application for approval | 3 | | shall be made
upon paper or electronic forms furnished by the | 4 | | Department and shall be accompanied by the
plans and | 5 | | specifications of the work proposed to be done. The Department | 6 | | Within twenty
days after the filing of such application, the | 7 | | Director shall notify the
applicant whether such plans and | 8 | | specifications comply with the
requirements of this Act and the | 9 | | rules and regulations of the Department
relating thereto. No | 10 | | fee shall be required for such prior approval of plans
and | 11 | | specifications.
| 12 | | (Source: P.A. 86-595.)
| 13 | | (210 ILCS 110/9) (from Ch. 111 1/2, par. 185.9)
| 14 | | Sec. 9.
Representatives of the Department duly authorized | 15 | | by the Director
shall have the right to enter upon the premises | 16 | | of any Migrant Labor Camp
at all reasonable hours for the | 17 | | purpose of inspecting such camp and the
facilities thereof, and | 18 | | determining whether or not such camp is maintained
and operated | 19 | | in accordance with the provisions of this Act and the rules
and | 20 | | regulations of the Department relating thereto.
| 21 | | (Source: Laws 1965, p. 2356.)
| 22 | | (210 ILCS 110/9.1) (from Ch. 111 1/2, par. 185.9-1)
| 23 | | Sec. 9.1.
Representatives of the Department, duly | 24 | | authorized by the Director shall
inspect each migrant labor |
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| 1 | | camp at least one time before the laborers
arrive and at least | 2 | | one time while the camp is being used, for the purpose
of | 3 | | determining whether or not the camp is being maintained and | 4 | | operated in
accordance with this Act and the rules and | 5 | | regulations of the Department
relating thereto. The Director of | 6 | | the Department of Public Health may grant
temporary variances | 7 | | for existing housing that does not meet federal
standards and | 8 | | allow not more than 2 years in order to comply with such
| 9 | | standards.
| 10 | | (Source: P.A. 77-1526.)
| 11 | | (210 ILCS 110/10) (from Ch. 111 1/2, par. 185.10)
| 12 | | Sec. 10.
The Department may make and adopt such reasonable | 13 | | rules and
regulations relating to Migrant Labor Camps as may be | 14 | | necessary to carry
out and administer the provisions of this | 15 | | Act and to assure the safety of
the migrant workers and their | 16 | | families. In preparation of such rules
and regulations , the | 17 | | Department may consult with and request technical
assistance | 18 | | from other State Agencies, and may consult and advise with | 19 | | other
technically qualified persons, and with Migrant Labor | 20 | | Camp operators and
others.
| 21 | | The promulgation of any rules shall conform to the | 22 | | requirements of "The
Illinois Administrative Procedure Act", | 23 | | as now or hereafter amended.
The Department shall prepare | 24 | | copies of all rules and regulations and shall
make such copies | 25 | | available , in electronic form, to the public and shall not be |
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| 1 | | required to furnish copies in any other format to the
public .
| 2 | | (Source: P.A. 86-595.)
| 3 | | (210 ILCS 110/11) (from Ch. 111 1/2, par. 185.11)
| 4 | | Sec. 11.
The Department may establish administrative | 5 | | penalties and sanctions by rule for violations of this Act or | 6 | | the rules adopted under this Act. Each day a violation of this | 7 | | Act or the rules adopted under this Act exists shall constitute | 8 | | a separate violation. The Department shall provide written | 9 | | notification of a violation. In case the holder of any license | 10 | | under the provisions of this Act
fails to maintain and operate | 11 | | a Migrant Labor Camp in accordance with the
provisions of this | 12 | | Act and the rules and regulations of the Department
relating | 13 | | thereto, the Department may revoke or suspend the license for | 14 | | the
operation and maintenance of such camp. The Department | 15 | | shall first serve
upon the licensee a notice specifying the | 16 | | manner in which the licensee has
failed to comply with | 17 | | provisions of this Act or such rules and regulations
of the | 18 | | Department and shall fix a time not less than ten days, within | 19 | | which
the objectionable condition or conditions must be removed | 20 | | or corrected. If
the licensee fails to remove or correct such | 21 | | objectionable condition or
conditions within the time fixed by | 22 | | the Department, the Department may
revoke or suspend such | 23 | | license. However, if the objectionable condition or
conditions | 24 | | are such as to endanger the health or well-being of the
| 25 | | inhabitants of such camp, the Department may immediately |
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| 1 | | suspend such
license.
| 2 | | The Department shall assess administrative fines against a | 3 | | person who
provides housing for migrant workers for violations | 4 | | of this Act or the rules
promulgated under this Act. The fines | 5 | | shall be established by the
Department by rule. The Department | 6 | | shall provide written notification of
violations and allow a | 7 | | minimum of 10 days for correction before imposing | 8 | | administrative
fines.
| 9 | | (Source: P.A. 88-535.)
| 10 | | (210 ILCS 110/12) (from Ch. 111 1/2, par. 185.12)
| 11 | | Sec. 12.
The Director, after notice and opportunity for a | 12 | | hearing, may deny, suspend, or revoke a license and impose a | 13 | | penalty in any case in which the Director finds that the | 14 | | applicant, license holder, or any other person has failed to | 15 | | comply with the provisions of this Act or the rules adopted | 16 | | under this Act. A license shall be revoked only when there has | 17 | | been a substantial failure by the licensee to comply with this | 18 | | Act or the rules adopted under this Act. For purposes of this | 19 | | Section, a substantial failure to comply with this Act or the | 20 | | rules adopted under this Act includes, but is not limited to, | 21 | | the failure to pay any administrative penalties previously | 22 | | assessed by the Department against the licensee. | 23 | | Notice shall be provided by certified mail or by personal | 24 | | service. The notice shall set forth the particular reasons for | 25 | | the proposed action and fix a date, not less than 14 days from |
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| 1 | | the date of the mailing or personal service, by which the | 2 | | applicant or license holder must request, in writing, a | 3 | | hearing. Failure to serve upon the Department a request for a | 4 | | hearing, in writing, by the date provided in the notice shall | 5 | | constitute a waiver of that person's right to a hearing. | 6 | | The hearing shall be conducted by the Director or by an | 7 | | individual designated in writing by the Director as a Hearing | 8 | | Officer. The Director or Hearing Officer shall give written | 9 | | notice of the time and place of the hearing, by certified mail | 10 | | or personal service, to the applicant, license holder, or other | 11 | | person at least 10 days prior to the hearing. On the basis of | 12 | | the hearing or upon default of the applicant, license holder, | 13 | | or other person, the Director or Hearing Officer shall make a | 14 | | determination, in writing, that shall set forth his or her | 15 | | findings and conclusions. A copy of the determination shall be | 16 | | sent by certified mail or served personally upon the applicant, | 17 | | license holder, or other person. The decision of the Director | 18 | | or Hearing Officer shall be final on issues of fact and final | 19 | | in all respects unless judicial review is sought as provided in | 20 | | this Act. | 21 | | The procedure governing hearings authorized by this | 22 | | Section shall be adopted by the Department by rule. A full and | 23 | | complete record shall be kept of all proceedings, including the | 24 | | notice of hearing, the complaint, all documents in the nature | 25 | | of pleadings, all written motions filed in the proceedings, and | 26 | | the report and orders of the Director or Hearing Officer. |
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| 1 | | The Department at its expense shall provide a court | 2 | | reporter to take testimony. Technical error or the failure to | 3 | | observe the technical rules of evidence in the proceedings | 4 | | before the Director or Hearing Officer shall not be grounds for | 5 | | the reversal of any administrative decision unless it appears | 6 | | to the court that the error or failure materially affects the | 7 | | rights of any party and results in substantial injustice to the | 8 | | party. | 9 | | The Department may cause the depositions of witnesses | 10 | | within the State to be taken in the manner prescribed by law | 11 | | for depositions in civil actions in courts of this State and | 12 | | may compel the attendance of witnesses and the production of | 13 | | books, papers, records, or memoranda. | 14 | | The Department shall not be required to certify any record | 15 | | to the court, file any answer in court, or otherwise appear in | 16 | | any court in a judicial review proceeding, unless a receipt | 17 | | from the Department acknowledging payment of the costs of | 18 | | furnishing and certifying the record is filed in the court with | 19 | | the complaint. The cost of furnishing and certifying the record | 20 | | shall be paid by the party requesting a copy of the record. | 21 | | Failure on the part of the person requesting a copy of the | 22 | | record to pay the cost of furnishing and certifying the record | 23 | | shall be grounds for dismissal of the action. | 24 | | Any person whose application for a license is denied or whose
| 25 | | license is suspended or revoked shall have the right to a | 26 | | hearing before
the Department. Request for such hearing shall |
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| 1 | | be made in writing. The
hearing shall be conducted by the | 2 | | Director or a duly qualified employee of
the Department, | 3 | | designated in writing by the Director as a Hearing Officer,
to | 4 | | conduct the hearing. The hearing shall be conducted at the | 5 | | office of the
Department or at such place convenient for the | 6 | | applicant or licensee as may
be designated by the Department. | 7 | | The Director or Hearing Officer may
compel, by subpoena or | 8 | | subpoena duces tecum, the attendance and testimony
of witnesses | 9 | | and the production of books and papers, and may administer
| 10 | | oaths to witnesses. All testimony at any hearing shall be under | 11 | | oath. The
Director or Hearing Officer shall cause a record of | 12 | | the proceedings at the
hearing to be kept and shall provide any | 13 | | party to the hearing a transcript
of the evidence presented | 14 | | upon payment of the cost thereof. The hearing may
be continued | 15 | | from time to time at the discretion of the Director or the
| 16 | | Hearing Officer. The applicant or licensee shall have the right | 17 | | to appear
in person, to be represented by counsel, to offer | 18 | | evidence, to
cross-examine the witnesses, and to present all | 19 | | relevant matter in support
of his application for license or in | 20 | | opposition to revocation or suspension
of any license. | 21 | | Depositions may be taken and used in the same manner as in
| 22 | | civil cases. The Director or Hearing Officer shall render a | 23 | | decision within
30 days after the termination of the hearing, | 24 | | and a copy of the decision
shall be sent by registered mail to | 25 | | the applicant or licensee.
| 26 | | Technical errors in the proceeding or failure to observe |
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| 1 | | the technical
rules of evidence shall not constitute grounds | 2 | | for reversal of any decision
unless it shall appear to the | 3 | | court that such error or failure materially
affects the rights | 4 | | of any party and results in substantial injustice to any
such | 5 | | party.
| 6 | | (Source: Laws 1961, p. 3904.)
| 7 | | (210 ILCS 110/14) (from Ch. 111 1/2, par. 185.14)
| 8 | | Sec. 14.
Any person who operates or maintains a Migrant | 9 | | Labor Camp without
securing a license under this Act commits a | 10 | | Type B violation under Section 25 of this Act. or who operates | 11 | | or maintains any Migrant
Labor Camp or living quarters subject | 12 | | to regulation under this Act in
violation of the provisions of | 13 | | this Act or any rules or regulations of the
Department relating | 14 | | thereto, shall be guilty of a Class A misdemeanor. Each
day's | 15 | | violation constitutes a separate offense.
The Attorney General | 16 | | or the The
State's Attorney of the county in which the | 17 | | violation occurs
shall bring such action in the name of the | 18 | | people of the State of Illinois,
or may in addition to other | 19 | | remedies provided in this Act bring an action
for an injunction | 20 | | to restrain such violations or to enjoin the operation
of any | 21 | | such establishment. Notwithstanding any other provision of | 22 | | this Act, fines imposed by the court pursuant to the State's | 23 | | Attorney's action shall be deposited within the general fund of | 24 | | the county in which the action was brought.
| 25 | | (Source: P.A. 86-595.)
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| 1 | | (210 ILCS 110/16) (from Ch. 111 1/2, par. 185.16)
| 2 | | Sec. 16.
Any worker aggrieved by a violation of this Act or | 3 | | rules regulations
promulgated thereunder may file suit in the | 4 | | Circuit Court having jurisdiction
over the location of the | 5 | | labor camp. If the Court finds that the labor camp
owner , | 6 | | operator, or licensee has willfully violated any provision of | 7 | | this Act or any rule regulation
promulgated thereunder, the | 8 | | Court may in its discretion issue a restraining
order or | 9 | | preliminary injunction, as well as, a permanent injunction, | 10 | | upon
such terms and conditions as will do justice and enforce | 11 | | the purposes set forth above.
| 12 | | (Source: P.A. 83-677.)
| 13 | | (210 ILCS 110/20 new) | 14 | | Sec. 20. The Department may charge $0.25 per each 8.5" x | 15 | | 11" page, whether paper or electronic, for copies of records | 16 | | held by the Department pursuant to this Act. For documents | 17 | | larger than 8.5" x 11", actual copying costs plus $0.25 per | 18 | | page shall apply. | 19 | | (210 ILCS 110/25 new) | 20 | | Sec. 25. (a) If the Department finds a violation of this | 21 | | Act or rules adopted under this Act at a migrant labor camp, | 22 | | the Department shall issue a written report or notice of the | 23 | | violation. In accordance with subsections (b) and (c) of this |
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| 1 | | Section, each violation shall be categorized as either Type A | 2 | | or Type B. | 3 | | (b) Type A violation. Type A violations shall be | 4 | | established by rule. Penalties shall be assessed for Type A | 5 | | violations at a rate of $25 per day per violation with each day | 6 | | constituting a separate violation. The situation, condition, | 7 | | or practice constituting a Type A violation shall be abated or | 8 | | eliminated immediately, unless a fixed period of time as | 9 | | determined by the Department, that shall not exceed 3 days, and | 10 | | specified in the notice of violation or inspection report is | 11 | | required for correction. | 12 | | (c) Type B violation. Type B violations include those | 13 | | violations that may lead to serious injury or death of | 14 | | employees or the general public. Upon finding a Type B | 15 | | violation at a migrant labor camp, the Department shall | 16 | | immediately take actions as necessary to protect the public | 17 | | health, including ordering the immediate closure of the | 18 | | facility, ordering the abatement of conditions deemed | 19 | | dangerous by the Department, or ordering the cessation of any | 20 | | practice deemed dangerous or improper by the Department. Type B | 21 | | violations shall be established by rule. Administrative | 22 | | penalties shall be assessed by the Department for Type B | 23 | | violations at a rate of $100 per violation, with each day | 24 | | constituting a separate violation. Any person who commits a | 25 | | Type B violation shall be guilty of a Class A misdemeanor for | 26 | | which the circuit court may impose a fine of $250 per |
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| 1 | | violation, with each day constituting a separate violation.
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 210 ILCS 110/2 | from Ch. 111 1/2, par. 185.2 | | 4 | | 210 ILCS 110/3 | from Ch. 111 1/2, par. 185.3 | | 5 | | 210 ILCS 110/4 | from Ch. 111 1/2, par. 185.4 | | 6 | | 210 ILCS 110/6 | from Ch. 111 1/2, par. 185.6 | | 7 | | 210 ILCS 110/7 | from Ch. 111 1/2, par. 185.7 | | 8 | | 210 ILCS 110/8 | from Ch. 111 1/2, par. 185.8 | | 9 | | 210 ILCS 110/9 | from Ch. 111 1/2, par. 185.9 | | 10 | | 210 ILCS 110/9.1 | from Ch. 111 1/2, par. 185.9-1 | | 11 | | 210 ILCS 110/10 | from Ch. 111 1/2, par. 185.10 | | 12 | | 210 ILCS 110/11 | from Ch. 111 1/2, par. 185.11 | | 13 | | 210 ILCS 110/12 | from Ch. 111 1/2, par. 185.12 | | 14 | | 210 ILCS 110/14 | from Ch. 111 1/2, par. 185.14 | | 15 | | 210 ILCS 110/16 | from Ch. 111 1/2, par. 185.16 | | 16 | | 210 ILCS 110/20 new | | | 17 | | 210 ILCS 110/25 new | |
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