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Public Act 095-0004
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| SB0423 Enrolled |
LRB095 10783 NHT 31026 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section |
5-1 as follows:
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(105 ILCS 5/5-1) (from Ch. 122, par. 5-1)
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Sec. 5-1. County school units.
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(a) The territory in each county, exclusive of
any school |
district governed by any special act which requires the |
district
to appoint its own school treasurer, shall constitute |
a county school unit.
County school units of less than |
2,000,000 inhabitants shall be known as
Class I county school |
units and the office of township trustees, where
existing on |
July 1, 1962, in such units shall be abolished on that date and
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all books and records of such former township trustees shall be |
forthwith
thereafter transferred to the county board of school |
trustees. County
school units of 2,000,000 or more inhabitants |
shall be known as Class II
county school units and shall retain |
the office of township trustees
unless otherwise provided in |
subsection (b) or (c).
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(b) Notwithstanding subsections (a) and (c), the
school |
board of any elementary school district having a fall, 1989
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aggregate enrollment of at least 2,500 but less than 6,500 |
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pupils and
having boundaries that are coterminous with the |
boundaries of a high school
district, and the school board of |
any high school district having a fall,
1989 aggregate |
enrollment of at least 2,500 but less than 6,500 pupils and
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having boundaries that are coterminous with the boundaries of |
an elementary
school district, may, whenever the territory of |
such school district forms
a part of a Class II county school
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unit, by proper resolution withdraw such school district from |
the
jurisdiction and authority of the trustees of schools of |
the township in
which such school district is located and from |
the jurisdiction and
authority of the township treasurer in |
such Class II county school unit;
provided that the school |
board of any such school district shall, upon the
adoption and |
passage of such resolution, thereupon elect or appoint its own
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school treasurer as provided in Section 8-1. Upon the adoption |
and passage
of such resolution and the election or appointment |
by the school board of
its own school treasurer: (1) the |
trustees of schools in such township
shall no longer have or |
exercise any powers and duties with respect to the
school |
district governed by such school board or with respect to the |
school
business, operations or assets of such school district; |
and (2) all books
and
records of the township trustees relating |
to the school business and
affairs of such school district |
shall be transferred and delivered to the
school board of such |
school district. Upon the effective date of this
amendatory Act |
of 1993, the legal title to, and all right, title
and interest
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formerly held by the township trustees in any school buildings |
and
school sites
used and occupied by the school board of such |
school district for school
purposes, that legal title, right, |
title and interest thereafter having
been transferred to and |
vested in the regional
board
of school trustees under P.A. |
87-473 until the abolition of that regional
board of school |
trustees by P.A. 87-969, shall be deemed transferred by
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operation of law to and shall vest in the school board of that |
school
district.
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Notwithstanding subsections (a) and (c), the school boards |
of Oak Park & River Forest District 200, Oak Park Elementary |
School District 97, and River Forest School District 90 may, by |
proper resolution, withdraw from the jurisdiction and |
authority of the trustees of schools of Proviso and Cicero |
Townships and the township treasurer, provided that the school |
board shall, upon the adoption and passage of the resolution, |
elect or appoint its own school treasurer as provided in |
Section 8-1 of this Code. Upon the adoption and passage of the |
resolution and the election or appointment by the school board |
of its own school treasurer: (1) the trustees of schools in the |
township or townships shall no longer have or exercise any |
powers or duties with respect to the school district or with |
respect to the school business, operations, or assets of the |
school district; (2) all books and records of the trustees of |
schools and all moneys, securities, loanable funds, and other |
assets relating to the school business and affairs of the |
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school district shall be transferred and delivered to the |
school board; and (3) all legal title to and all right, title, |
and interest formerly held by the trustees of schools in any |
common school lands, school buildings, or school sites used and |
occupied by the school board and all rights of property and |
causes of action pertaining to or constituting a part of the |
common school lands, buildings, or sites shall be deemed |
transferred by operation of law to and shall vest in the school |
board.
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Notwithstanding subsections (a) and (c), the respective |
school boards of Berwyn North School District 98, Berwyn South |
School District 100, Cicero School District 99, and J.S. Morton |
High School District 201 may, by proper resolution, withdraw |
from the jurisdiction and authority of the trustees of schools |
of Cicero Township and the township treasurer, provided that |
the school board shall, upon the adoption and passage of the |
resolution, elect or appoint its own school treasurer as |
provided in Section 8-1 of this Code. Upon the adoption and |
passage of the resolution and the election or appointment by |
the school board of its own school treasurer: (1) the trustees |
of schools in the township shall no longer have or exercise any |
powers or duties with respect to the school district or with |
respect to the school business, operations, or assets of the |
school district; (2) all books and records of the trustees of |
schools and all moneys, securities, loanable funds, and other |
assets relating to the school business and affairs of the |
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school district shall be transferred and delivered to the |
school board; and (3) all legal title to and all right, title, |
and interest formerly held by the trustees of schools in any |
common school lands, school buildings, or school sites used and |
occupied by the school board and all rights of property and |
causes of action pertaining to or constituting a part of the |
common school lands, buildings, or sites shall be deemed |
transferred by operation of law to and shall vest in the school |
board.
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(c) Notwithstanding the provisions of subsection (a), the |
offices of
township treasurer and trustee of schools of any |
township located in a Class
II county school unit shall be |
abolished as provided in this subsection
if all of the |
following conditions are met:
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(1) During the same 30 day period, each school board of |
each
elementary and unit school district that is subject to |
the jurisdiction and
authority of the township treasurer |
and trustees of schools of the township
in which those |
offices are sought to be abolished gives written notice by
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certified mail, return receipt requested to the township |
treasurer and
trustees of schools of that township of the |
date of a meeting of the school
board, to be held not more |
than 90 nor less than 60 days after the date
when the |
notice is given, at which meeting the school board is to |
consider
and vote upon the question of whether there shall |
be submitted to the
electors of the school district a |
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proposition to abolish the offices of
township treasurer |
and trustee of schools of that township. None of the
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notices given under this paragraph to the township |
treasurer and trustees
of schools of a township shall be |
deemed sufficient or in compliance with
the requirements of |
this paragraph unless all of those notices are given
within |
the same 30 day period.
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(2) Each school board of each elementary and unit |
school district that
is subject to the jurisdiction and |
authority of the township treasurer and
trustees of schools |
of the township in which those offices are sought to
be |
abolished, by the affirmative vote of at least 5 members of |
the school
board at a school board meeting of which notice |
is given as required by
paragraph (1) of this subsection, |
adopts a resolution requiring the
secretary of the school |
board to certify to the proper election authorities
for |
submission to the electors of the school district at the |
next
consolidated election in accordance with the general
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election law a
proposition to abolish the offices of |
township treasurer and trustee of
schools of that township. |
None of the resolutions adopted under this
paragraph by any |
elementary or unit school districts that are subject to
the |
jurisdiction and authority of the township treasurer and |
trustees of
schools of the township in which those offices |
are sought to be abolished
shall be deemed in compliance |
with the requirements of this paragraph or
sufficient to |
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authorize submission of the proposition to abolish those
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offices to a referendum of the electors in any such school |
district unless
all of the school boards of all of the |
elementary and unit school districts
that are subject to |
the jurisdiction and authority of the township
treasurer |
and trustees of schools of that township adopt such a |
resolution
in accordance with the provisions of this |
paragraph.
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(3) The school boards of all of the elementary and unit |
school
districts that are subject to the jurisdiction and |
authority of the
township treasurer and trustees of schools |
of the township in which those
offices are sought to be |
abolished submit a proposition to abolish the
offices of |
township treasurer and trustee of schools of that township |
to
the electors of their respective school districts at the |
same consolidated
election in accordance with the general |
election law, the ballot in each
such district to be in |
substantially the following form:
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-------------------------------------------------------------
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OFFICIAL BALLOT
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Shall the offices of township
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treasurer and YES
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trustee of -----------------
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schools of Township ..... NO
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Range ..... be abolished?
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-------------------------------------------------------------
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(4) At the consolidated election at which the
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proposition to abolish
the offices of township treasurer |
and trustee of schools of a township is
submitted to the |
electors of each elementary and unit school district that
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is subject to the jurisdiction and authority of the |
township treasurer and
trustee of schools of that township, |
a majority of the electors voting on
the proposition in |
each such elementary and unit school district votes in
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favor of the proposition as submitted to them.
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If in each elementary and unit school district that is |
subject to the
jurisdiction and authority of the township |
treasurer and trustees of
schools of the township in which |
those offices are sought to be abolished a
majority of the |
electors in each such district voting at the consolidated
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election on the proposition to abolish the offices of township |
treasurer
and trustee of schools of that township votes in |
favor of the proposition
as submitted to them, the proposition |
shall be deemed to have passed; but
if in any such elementary |
or unit school district a majority of the
electors voting on |
that proposition in that district fails to vote in favor
of the |
proposition as submitted to them, then notwithstanding the vote |
of
the electors in any other such elementary or unit school |
district on that
proposition the proposition shall not be |
deemed to have passed in any of
those elementary or unit school |
districts, and the offices of township
treasurer and trustee of |
schools of the township in which those offices
were sought to |
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be abolished shall not be abolished, unless in each of those
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elementary and unit school districts remaining subject to the |
jurisdiction
and authority of the township treasurer and |
trustees of schools of that
township proceedings are again |
initiated to abolish those offices and all
of the proceedings |
and conditions prescribed in paragraphs (1) through (4)
of this |
subsection are repeated and met in each of those elementary and
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unit school districts.
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Notwithstanding the foregoing provisions of this Section |
or any other
provision of the School Code, the offices of |
township treasurer and trustee of
schools of a township that |
has a population of less than 200,000 and that
contains a unit |
school district and is located in a Class II county school unit
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shall also be
abolished as provided in this subsection if all |
of the conditions set forth in
paragraphs (1), (2), and (3) of |
this subsection are met
and if the following additional |
condition is met:
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The electors in all of the school districts subject to |
the jurisdiction and
authority of the township treasurer |
and trustees of schools of the township in
which those |
offices are sought to be abolished shall vote at the
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consolidated
election on the proposition to abolish the |
offices of township treasurer and
trustee of schools of |
that township. If a majority of the electors in all of
the |
school districts combined voting on the proposition vote in |
favor of the
proposition, then the proposition shall be |
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deemed to have passed; but if a
majority of the electors |
voting on the proposition in all of the school
district |
fails to vote in favor of the proposition as submitted to |
them, then
the proposition shall not be deemed to have |
passed and the offices of township
treasurer and trustee of |
schools of the township in which those offices were
sought |
to be abolished shall not be abolished, unless and until |
the proceedings
detailed in paragraphs (1) through (3) of |
this subsection and the conditions
set forth in this |
paragraph are met.
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If the proposition to abolish the offices of township |
treasurer and
trustee of schools of a township is deemed to |
have passed at the
consolidated election as provided in this |
subsection,
those offices shall be
deemed abolished by |
operation of law effective on January 1
of the
calendar year |
immediately following the calendar year in which that
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consolidated election is held, provided that if after the
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election, the trustees of schools by resolution elect to |
abolish the offices of
township treasurer and trustee of |
schools effective on July 1 immediately
following the election, |
then the offices shall be abolished on July 1
immediately |
following the election.
On the date that
the offices of |
township treasurer and trustee of schools of a
township are |
deemed abolished by operation of law, the school board of each
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elementary and unit school district and the school board of |
each high
school district that is subject to the jurisdiction |
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and authority of the
township treasurer and trustees of schools |
of that township at the time
those offices are abolished: (i) |
shall appoint its own school treasurer as
provided in Section |
8-1; and (ii) unless the term of the contract of a
township |
treasurer expires on the date that the office of township
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treasurer is abolished, shall pay to the former township |
treasurer its
proportionate share of any aggregate |
compensation that, were the office of
township treasurer not |
abolished at that time, would
have been payable to the former |
township treasurer after that date over the
remainder of the |
term of the contract of the former township treasurer that
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began prior to but ends after that date. In addition, on the |
date that the offices of township treasurer and trustee of
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schools of a township are deemed abolished as provided in this |
subsection,
the school board of each elementary school, high |
school and unit school
district that until that date is subject |
to the jurisdiction and authority
of the township treasurer and |
trustees of schools of that township shall be
deemed by |
operation of law to have agreed and assumed to pay and, when
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determined, shall pay to the Illinois Municipal Retirement
Fund |
a proportionate share of the unfunded liability existing in |
that Fund
at the time these offices are abolished in that
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calendar year for all annuities or other benefits then or
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thereafter to become payable from that Fund with respect to all |
periods of
service performed prior to that date as a |
participating employee in that
Fund by persons serving during |
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those periods of service as a trustee of
schools, township |
treasurer or regular employee in the office of the
township |
treasurer of that township. That unfunded liability shall be
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actuarially determined by the board of trustees of the Illinois |
Municipal
Retirement Fund, and the board of trustees shall |
thereupon notify each
school board required to pay a |
proportionate share of that unfunded
liability of the aggregate |
amount of the unfunded liability so determined.
The amount so |
paid to the Illinois Municipal Retirement Fund by each of
those |
school districts shall be credited to the account of the |
township in
that Fund. For each elementary school, high school |
and unit school district
under the jurisdiction and authority |
of a township treasurer and trustees
of schools of a township |
in which those offices are abolished as provided
in this |
subsection, each such district's proportionate share of the
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aggregate compensation payable to the former township |
treasurer as provided
in this paragraph and each such |
district's proportionate share of the
aggregate amount of the |
unfunded liability payable to the Illinois
Municipal |
Retirement Fund as provided in this paragraph shall be computed
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in accordance with the ratio that the number of pupils in |
average daily
attendance in each such district as reported in |
schedules prepared under
Section 24-19 for the school year last |
ending prior to the date on which
the offices of township |
treasurer and trustee of schools of that township
are abolished |
bears to the aggregate number of pupils in average daily
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attendance in all of those districts as so reported for that |
school year.
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Upon abolition of the offices of township treasurer and |
trustee of
schools of a township as provided in this |
subsection: (i) the regional
board of school trustees, in its |
corporate capacity, shall be deemed the
successor in interest |
to the former trustees of schools of that township
with respect |
to the common school lands and township loanable funds of the
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township; (ii) all right, title and interest existing or vested |
in the
former trustees of schools of that township in the |
common school lands and
township loanable funds of the |
township, and all records, moneys,
securities and other assets, |
rights of property and causes of action
pertaining to or |
constituting a part of those common school lands or
township |
loanable funds, shall be transferred to and deemed vested by
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operation of law in the regional board of school trustees, |
which shall hold
legal title to, manage and operate all common |
school lands and township
loanable funds of the township, |
receive the rents, issues and profits
therefrom, and have and |
exercise with respect thereto the same powers and
duties as are |
provided by this Code to be exercised by regional boards of
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school trustees when acting as township land commissioners in |
counties
having at least 220,000 but fewer than 2,000,000 |
inhabitants; (iii) the
regional board of school trustees shall |
select to serve as its treasurer
with respect to the common |
school lands and township loanable funds of the
township a |
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person from time to time also serving as the appointed school
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treasurer of any school district that was subject to the |
jurisdiction and
authority of the township treasurer and |
trustees of schools of that
township at the time those offices |
were abolished, and the person selected
to also serve as |
treasurer of the regional board of school trustees shall
have |
his compensation for services in that capacity fixed by the |
regional
board of school trustees, to be paid from the township |
loanable funds, and
shall make to the regional board of school |
trustees the reports required to be
made by treasurers of |
township land commissioners, give bond as required by
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treasurers of township land commissioners, and perform the |
duties and
exercise the powers of treasurers of township land |
commissioners; (iv) the
regional board of school trustees shall |
designate in the manner provided by
Section 8-7, insofar as |
applicable, a depositary for its treasurer, and the
proceeds of |
all rents, issues and profits from the common school lands and
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township loanable funds of that township shall be deposited and |
held in the
account maintained for those purposes with that |
depositary and shall be
expended and distributed therefrom as |
provided in Section 15-24 and other
applicable provisions of |
this Code; and (v) whenever there is vested in the
trustees of |
schools of a township at the time that office is abolished
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under this subsection the legal title to any school buildings |
or school
sites used or occupied for school purposes by any |
elementary school, high
school or unit school district subject |
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to the jurisdiction and authority of
those trustees of school |
at the time that office is abolished, the legal
title to those |
school buildings and school sites shall be deemed
transferred |
by operation of law to and invested in the
school board of that |
school district, in its corporate
capacity Section 7-28, the
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same to be held, sold, exchanged leased or otherwise |
transferred in
accordance with applicable provisions of this |
Code.
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Notwithstanding Section 2-3.25g of this Code, a waiver of a |
mandate
established under this Section may not be requested.
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(Source: P.A. 94-1078, eff. 1-9-07.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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