Text: HSB00602 Text: HSB00604 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 181.1, Code 2003, is amended by 1 2 striking the section and inserting in lieu thereof the 1 3 following: 1 4 181.1 DEFINITIONS. 1 5 As used in this chapter, unless the context requires 1 6 otherwise: 1 7 1. "Association" means the Iowa beef cattle producers 1 8 association. 1 9 2. "Cattle" means any live domesticated bovine animal 1 10 regardless of age. 1 11 3. "Council" means the Iowa beef industry council. 1 12 4. "Federal act" means the federal Beef Promotion and 1 13 Research Act of 1985, 7 U.S.C., } 2901 et seq. 1 14 5. "Federal assessment" means an excise tax on the sale of 1 15 bovine animals imposed pursuant to the federal act. 1 16 6. "Producer" means any person who owns or acquires 1 17 ownership of cattle. However, a person shall not be 1 18 considered a producer if any of the following apply: 1 19 a. The person's only share in the proceeds of a sale of 1 20 cattle or beef is a sales commission, handling fee, or other 1 21 service fee. 1 22 b. The person acquired ownership of cattle to facilitate 1 23 the transfer of ownership of such cattle from the seller to a 1 24 third party; resold such cattle no later than ten days from 1 25 the date on which the person acquired ownership; and 1 26 certified, as required by rules adopted by the council. 1 27 7. "Qualified financial institution" means a bank, credit 1 28 union, or savings and loan as defined in section 12C.1. 1 29 8. "Records" means books, papers, documents, accounts, 1 30 agreements, memoranda, electronic records of accounts, or 1 31 correspondence relating to a matter regulated under this 1 32 chapter. 1 33 9. "Secretary" means the secretary of agriculture. 1 34 10. "State assessment" means an excise tax on the sale of 1 35 cattle imposed pursuant to this chapter. 2 1 Sec. 2. Section 181.2, Code 2003, is amended to read as 2 2 follows: 2 3 181.2 DUTIES AND OBJECTS OF ASSOCIATION. 2 4 The Iowa beef cattle producers association shall do all of 2 5 the following: 2 6 1. Aid in the promotion of thebeefcattle industry of the 2 7 state. 2 8 2. Provide for practical and scientific instruction in the 2 9 breeding and raising ofbeefcattle. 2 10 3.Provide for the inspection of herds, premises,2 11appliances, methods, and feedstuffs used in the raising of2 12beef cattle.2 134.Make demonstrations in the feeding ofbeefcattle and 2 14 publish suggestions beneficial to such business. 2 155.4. Aid and promotebeefcattle feeding contests, shows, 2 16 and sales. 2 176. Publish a breeders' directory.2 187.5. Prepare an annual report of the proceedings and 2 19 expenditures of the council as provided in section 181.18B. 2 20 Sec. 3. Section 181.3, subsection 1, unnumbered paragraph 2 21 1, Code 2003, is amended to read as follows: 2 22 Anexecutive committeeIowa beef industry council of the 2 23 Iowa beef cattle producers association is created. The 2 24executive committeecouncil consists of eight members,as2 25followsincluding all of the following: 2 26 Sec. 4. Section 181.3, subsections 2 through 4, Code 2003, 2 27 are amended to read as follows: 2 28 2. The Iowa livestock auction market association shall 2 29 nominate two livestock market representatives. The secretary 2 30 of agriculture shall appoint one of the nominees or another 2 31 livestock market representative of the secretary's choiceas2 32the livestock market representative on the executive2 33committee, who shall serve at the pleasure of the secretary. 2 34 3. Theexecutive committeecouncil shall elect a 2 35 chairperson, secretary, and other officers it deems necessary. 3 1 4. Except for ex officio members, vacancies in the 3 2executive committeecouncil resulting from death, inability or 3 3 refusal to serve, or failure to meet the qualifications of 3 4 this chapter, shall be filled by theexecutive committee3 5 council. If theexecutive committeecouncil fails to fill a 3 6 vacancy, the secretaryof agricultureshall fill it. Vacancy 3 7 appointments shall be only for the remainder of the unexpired 3 8 term. 3 9 Sec. 5. Section 181.4, Code 2003, is amended to read as 3 10 follows: 3 11 181.4 EMPLOYEES OFCOMMITTEECOUNCIL. 3 12 Theexecutive committeecouncil may employ two or more 3 13 competent persons who shall devote their entire time, under 3 14 the direction of thecommitteecouncil, in carrying out the 3 15 provisions of this chapter. The salary of persons so employed 3 16 shall be set by theexecutive committeecouncil, and the 3 17 persons shall hold office at the pleasure of theexecutive3 18committeecouncil. 3 19 Sec. 6. Section 181.6A, Code 2003, is amended to read as 3 20 follows: 3 21 181.6A ELECTION OFEXECUTIVE COMMITTEECOUNCIL. 3 22 1. The Iowa beef cattle producers association shall hold 3 23 an annual meeting of producers. An election shall be held at 3 24 the annual meeting, as necessary, for election of producers to 3 25 theexecutive committeecouncil. 3 26 2. Prior to the annual meeting, theIowa beef cattle3 27producersassociation shall appoint a nominating committee. 3 28 At least sixty days prior to the annual meeting of theIowa3 29beef cattle producersassociation, the nominating committee 3 30 shall nominate two producers as candidates for each position 3 31 on theexecutive committeecouncil for which an election is to 3 32 be held. At least forty-five days prior to the annual meeting 3 33 of theIowa beef cattle producersassociation, additional 3 34 candidates may be nominated by a written petition of fifty 3 35 producers. Procedures governing the place of filing and the 4 1 contents of the petition shall be promulgated and publicized 4 2 by theexecutive committeecouncil. 4 3 3. Producers attending the annual meeting of theIowa beef4 4cattle producersassociation may vote for one nominee for each 4 5 position on theexecutive committeecouncil for which an 4 6 election is held. Producers not attending the annual meeting 4 7 of theIowa beef cattle producersassociation may vote by 4 8 absentee ballot, if the ballot is requested and mailed, with 4 9 proper postage, to theexecutive committeecouncil prior to 4 10 the annual meeting of theIowa beef cattle producers4 11 association. For each position for which an election is held, 4 12 the candidate receiving the highest number of votes shall be 4 13 elected. 4 14 4. Notice of election forexecutive committeecouncil 4 15 membership shall be given by theexecutive committeecouncil 4 16 by publication in a newspaper of general circulation in the 4 17 state and in any other reasonable manner as determined by the 4 18executive committeecouncil, and shall set forth the date, 4 19 time, and place of the annual meeting of theIowa beef cattle4 20producersassociation. Theexecutive committeecouncil shall 4 21 administer the elections, with the assistance of the secretary 4 22of agriculture. 4 23 Sec. 7. Section 181.7, Code 2003, is amended to read as 4 24 follows: 4 25 181.7 RESEARCH AND EDUCATIONAL PROGRAMS. 4 26 Theexecutive committeecouncil shallengage ininitiate, 4 27 administer, or participate in research and education programs 4 28 directed toward better and more efficient production, 4 29 marketing, and utilization of cattleand veal calvesand 4 30 products madetherefrom;from cattle. The council shall 4 31 provide for the methods and means that it determines are 4 32 necessary to further the purposes of this section including,4 33 but not limited to, publicany of the following: 4 34 1. Providing public relations and other promotion 4 35 techniques for the maintenance of present markets; make. 5 1 2. Making donations to nonprofit organizationsworking5 2towardfurthering the purposes of this section; assist. 5 3 3. Assisting in the development of new or larger markets 5 4 both domestic and foreign for cattleand veal calvesand 5 5 products madetherefromfrom cattle. 5 6 Sec. 8. Section 181.7A, Code 2003, is amended to read as 5 7 follows: 5 8 181.7ACOLLECTIONCOMMENCEMENT OF FEDERAL ASSESSMENT 5 9 SUSPENSION AND RECOMMENCEMENT OF THE STATE ASSESSMENT. 5 10 1. Prior to the commencement of the collection of the 5 11 federal assessmentpursuant to the Beef Promotion and Research5 12Act of 1985,theexecutive committeecouncil may seek 5 13 certification as a qualified state beef council within the 5 14 meaning ofthatthe federal Act.If the executive committee5 15does not receive certification as a qualified state beef5 16council it shall, if necessary to prevent collection of an5 17excise tax on beef cattle in addition to the national5 18assessment, suspend the collection of the excise tax provided5 19in this chapter. If the executive committee does suspend5 20collection of the excise tax provided in this chapter, the5 21period of that suspension terminates upon expiration of the5 22 2. The council shall suspend the state assessment upon 5 23 collection of the federal assessment. The state assessment 5 24 shall recommence upon the earlier of the following: 5 25 a. The noncollection of the federal assessmentcollected5 26pursuant to the Beef Promotion and Research Act of 1985. The 5 27 recommenced state assessment shall be imposed for a four-year 5 28 period. Its effective date shall be the first date for which 5 29 the federal assessment is not collected. 5 30 b. The passage of a special referendum pursuant to section 5 31 181.19 regardless of whether a federal assessment is being 5 32 collected. 5 33 Sec. 9. Section 181.8, Code 2003, is amended to read as 5 34 follows: 5 35 181.8EXAMINING BOOKS AND PAPERSENTERING PREMISES 6 1 EXAMINING RECORDS. 6 2 Theexecutive committee shall have power tocouncil may 6 3 authorize its agents to enter at a reasonable time upon the 6 4 premises of any purchaser charged by this chapter with 6 5 remitting the state assessment to thecommittee the excise tax6 6 council, and tocause to be examined by such agent or agents,6 7all books,examine records, documents, and other instruments 6 8bearing uponrelating to theamountcollection ofsuch excise6 9tax; provided, however, thatthe state assessment. However, 6 10 theexecutive committeecouncil must first have reasonable 6 11 grounds to believe thatall such excise taxes havethe state 6 12 assessment has not been remitted or fully accounted for, as6 13herein provided. 6 14 Theexecutive committee is authorized tocouncil may enter 6 15 into arrangements with persons purchasing cattleand veal6 16calves for slaughteroutsideofIowa on the basis provided in 6 17 section 181.9, for remitting theexcise taxstate assessment 6 18 by suchbuyerspurchasers. 6 19 Sec. 10. Section 181.9, unnumbered paragraph 1, Code 2003, 6 20 is amended to read as follows: 6 21No excise tax shall be assessed or collectedA state 6 22 assessment shall not be imposed under the provisions of this 6 23 chapter until the secretaryof agriculture findsdetermines 6 24 that the state assessment has beenassented to bypassed by a 6 25 referendum vote of assenting producers. The secretary, upon 6 26 the request of any fifty beef producers, shall conduct an 6 27 initial referendum by written ballot to determine such assent, 6 28 after giving due notice of intention to conduct the referendum 6 29 pursuant to section 191.19. 6 30 Sec. 11. NEW SECTION. 181.11 RATE OF ASSESSMENT. 6 31 A state assessment imposed as provided in this chapter 6 32 shall be levied and collected from the purchaser on each sale 6 33 of cattle at a rate provided in this chapter. The state 6 34 assessment shall be imposed on any person selling cattle and 6 35 shall be deducted by the purchaser from the price paid to the 7 1 seller. The purchaser, at the time of the sale, shall make 7 2 and deliver to the seller, a separate invoice for each sale 7 3 showing the names and addresses of the seller and the 7 4 purchaser, the number of cattle sold, and the date of sale. 7 5 The purchaser shall forward the state assessment to the 7 6 council at a time prescribed by the council, but not later 7 7 than the last day of the month following the end of the prior 7 8 reporting period in which the cattle are sold. 7 9 Sec. 12. Section 181.12, Code 2003, is amended to read as 7 10 follows: 7 11 181.12 REMISSION OFTAXSTATE ASSESSMENT ON APPLICATION. 7 12 A person from whomthe excise taxa state assessment is 7 13 collected may, by written application filed with theexecutive7 14committeecouncil within sixty days after its collection, have 7 15 the amount remitted to the person by theexecutive committee7 16 council. The information that theexcise taxstate assessment 7 17 is refundable and the address of theexecutive committee7 18 council to which application for a refund may be made shall 7 19 appear on the invoice of sale form supplied by the purchaser 7 20 to the producer near the area on the form which shows the 7 21 amount of theexcise taxstate assessment paid. Theexecutive7 22committeecouncil shall furnish uniform application for refund 7 23 forms and envelopes properly addressed to theexecutive7 24committeecouncil to each purchaser charged by this chapter 7 25 with remitting theexcise taxstate assessment in sufficient 7 26 number to make the refund forms and envelopes readily 7 27 available to all producers. A purchaser charged by this 7 28 chapter with remitting theexcise taxstate assessment shall 7 29 display the application for refund forms and envelopes in a 7 30 prominent position in its place of business and make them 7 31 readily available to all producers. 7 32 Sec. 13. Section 181.13, Code Supplement 2003, is amended 7 33 to read as follows: 7 34 181.13 ADMINISTRATION OF MONEYS ORIGINATING FROM STATE 7 35 ASSESSMENT APPROPRIATION. 8 1 1. Allexcise taxes imposed and leviedstate assessments 8 2 imposed under this chapter shall be paid to and collected by 8 3 theexecutive committeecouncil and deposited with the 8 4 treasurer of state in a separate cattleand veal calf8 5 promotion fund which shall be created by the treasurer of 8 6 state. The department of administrative services shall 8 7 transfer moneys from the fund to theexecutive committee8 8 council for deposit into an account established by the 8 9executive committeecouncil in a qualified financial 8 10 institution. The department shall transfer the moneys as 8 11 provided in a resolution adopted by theexecutive committee8 12 council. However, the department is only required to transfer 8 13 moneys once during each day and only during hours when the 8 14 offices of the state are open. From the moneys collected, 8 15 deposited, and transferred to theexecutive committeecouncil, 8 16 in accordance with the provisions of this chapter, the 8 17executive committeecouncil shall first pay the costs of 8 18 referendums held pursuant to this chapter, the costs of 8 19 collection of suchexcise taxstate assessments, the expenses 8 20 of its agentsand expenses of officers provided for in section8 21181.5. Except as otherwise provided in section 181.19, at 8 22 least ten percent of the remainingfundsmoneys shall be 8 23 remitted to theIowa beef cattle producersassociation in 8 24 proportions determined by theexecutive committeecouncil, for 8 25 use in a manner not inconsistent with section 181.7. The 8 26 remaining moneys, with approval of a majority of theexecutive8 27committeecouncil, shall be expended as theexecutive8 28committeecouncil finds necessary to carry out the provisions 8 29 and purposes of this chapter. However, in no event shall the 8 30 total expenses exceed the total amount transferred from the 8 31 fund for use by theexecutive committeecouncil. 8 32 2. All moneys deposited in the cattleand veal calf8 33 promotion fund and transferred to theexecutive committee8 34 council pursuant to this section are appropriated and shall be 8 35 used for the administration of this chapter and for the 9 1 payment of claims based upon obligations incurred in the 9 2 performance of activities and functions set forth in this 9 3 chapter. 9 4 3. If the state assessment is suspended as provided in 9 5 section 181.7A or a continuance referendum fails to pass as 9 6 provided in section 181.19A, moneys remaining in the cattle 9 7 promotion fund and transferred to the council shall continue 9 8 to be transferred and expended in accordance with the 9 9 provisions of this chapter until exhausted. 9 10 Sec. 14. Section 181.15, Code 2003, is amended to read as 9 11 follows: 9 12 181.15IMPOSITION FOR ADDITIONAL PERIODREFERENDUM 9 13 PROCEDURES. 9 14 Upon receiving a petition to conduct a referendum as 9 15 provided in section 181.19 or 181.19A, the secretary shall 9 16 conduct the referendum as follows: 9 17 1. The secretary shall provide for the publication of a 9 18 notice of the referendum for a period of not less than five 9 19 days in a newspaper of general circulation in the state and in 9 20 such other newspapers as the secretary may prescribe. The 9 21 notice of referendum shall set forth the period for voting and 9 22 the voting places for the referendum and the amount of the 9 23 state assessment. A referendum shall not be commenced prior 9 24 to five days after the last day of such period of publication. 9 25 2. Each producer upon signing a statement certifying that 9 26 the person is a bona fide producer, as defined in this9 27chapter,shall be entitled to one vote. At the close of the 9 28 referendum period, the secretary shall count and tabulate the 9 29 ballots filed during the referendum period. The ballots cast 9 30 in the referendum shall constitute complete and conclusive 9 31 evidence for use in any determination made by the secretary 9 32 under the provisions of this chapter. 9 33 3. The secretary shall tabulate the ballots to determine 9 34 whether the referendum has passed. If from such tabulation 9 35 the secretaryfindsdetermines that a majority of the total 10 1 number of producers votingfavorapproves theassessment10 2 imposition of a state, theexcise tax provided for in section10 3181.9state assessment shall belevied andimposedfor an10 4additional four years from the end of the previous taxing10 5periodas provided in section 181.11 at a rate provided for in 10 6 section 181.19. 10 7 4.The ballots thus cast shall constitute complete and10 8conclusive evidence for use in any finding made by the10 9secretary under the provisions of this chapter.The secretary 10 10 may prescribe such additional procedures as may be necessary 10 11 to conduct a referendum. 10 12In the event of the failure of any referendum provided for10 13herein to pass, a subsequent referendum may be called by the10 14secretary upon petition therefor by at least one hundred10 15producers within one hundred eighty days after the secretary's10 16determination that the prior referendum has failed. In the10 17event of failure to make such petition within said period, or,10 18the second consecutive failure of a referendum to pass, no10 19further referendum shall be conducted and the levy and10 20assessment herein created shall terminate and be of no further10 21force or effect.10 22 Sec. 15. Section 181.18B, Code 2003, is amended to read as 10 23 follows: 10 24 181.18B REPORT. 10 25The executive committeeEach year, the council shalleach10 26yearprepare and submit a report summarizing the activities of 10 27 theexecutive committeecouncil under this chapter to the 10 28 auditor of state and the secretary of agriculture. The report 10 29 shall show all income, expenses, and other relevant 10 30 information concerning fees collected and expended under this 10 31 chapter. 10 32 Sec. 16. Section 181.19, Code 2003, is amended by striking 10 33 the section and inserting in lieu thereof the following: 10 34 181.19 INITIAL AND SPECIAL REFERENDUMS. 10 35 1. The secretary shall, upon the petition of five hundred 11 1 producers, conduct an initial referendum to determine whether 11 2 a state assessment is to be imposed, at a rate established by 11 3 the council, of not to exceed fifty cents per head on all 11 4 cattle sold for any purpose. 11 5 2. The secretary shall, upon the petition of five hundred 11 6 producers, conduct a special referendum to do any of the 11 7 following: 11 8 a. Determine whether a state assessment already imposed 11 9 shall be increased to a rate, established by the council, not 11 10 to exceed one dollar per head on all cattle sold for any 11 11 purpose. 11 12 b. Determine whether a state assessment suspended pursuant 11 13 to section 181.7A is to be in addition to a federal 11 14 assessment. The state assessment shall be imposed at a rate 11 15 of fifty cents per head on all cattle sold for whatever 11 16 purpose. 11 17 3. If a referendum passes, the secretary shall establish 11 18 an effective date to commence the state assessment. However, 11 19 the state assessment must be commenced within ninety days from 11 20 the date that the secretary determines that the referendum has 11 21 passed. 11 22 4. If a special referendum to increase the rate of the 11 23 state assessment does not pass, the result of the special 11 24 referendum shall not affect the existence or length of the 11 25 state assessment in effect on the date that the special 11 26 referendum was conducted. 11 27 Sec. 17. NEW SECTION. 181.19A CONTINUANCE REFERENDUM. 11 28 1. The secretary shall, upon the petition of producers, 11 29 conduct a continuance referendum to determine whether a state 11 30 assessment should be renewed. The secretary must receive the 11 31 petition not less than one hundred fifty and not more than two 11 32 hundred forty days before the four-year anniversary of a state 11 33 assessment's effective date. The petition must be signed 11 34 within that period by a number of producers equal to or 11 35 greater than two percent of the number of producers in this 12 1 state reported in the most recent United States census of 12 2 agriculture, requesting a referendum to determine whether to 12 3 continue the state assessment. The referendum shall be 12 4 conducted not earlier than thirty days before the four-year 12 5 anniversary date of the state assessment. 12 6 2. If the secretary determines that a continuance 12 7 referendum has passed, the state assessment shall continue in 12 8 effect for four additional years from the anniversary of its 12 9 effective date. 12 10 3. If the secretary determines that the referendum has not 12 11 passed, the secretary and the council shall terminate the 12 12 assessment in an orderly manner as soon as practicable after 12 13 the determination. Another referendum shall not be held for 12 14 at least one hundred eighty days from the date that the 12 15 assessment is terminated. 12 16 4. If no valid petition for a continuance referendum is 12 17 received by the secretary within the time period provided in 12 18 this section, the state assessment shall continue in effect 12 19 for four additional years from the anniversary of its 12 20 effective date. 12 21 Sec. 18. RATE OF ASSESSMENT. If a state assessment which 12 22 has been suspended as provided in section 181.7A, as amended 12 23 by this Act, is recommenced as provided in that section, as 12 24 amended by this Act, the rate of the state assessment shall be 12 25 fifty cents per head on all cattle sold for any purpose, 12 26 unless another rate is established by referendum conducted 12 27 pursuant to section 181.19, as amended by this Act. 12 28 Sec. 19. Sections 181.5, 181.10, 181.14, and 181.16, Code 12 29 2003, are repealed. 12 30 Sec. 20. EFFECTIVE DATE. This Act, being deemed of 12 31 immediate importance, takes effect upon enactment. 12 32 EXPLANATION 12 33 This bill amends Code chapter 181, which provides for an 12 34 excise tax ("checkoff") on the sale of cattle to support 12 35 marketing, education, and research of beef products as 13 1 administered by the executive committee of the Iowa beef 13 2 cattle producers association. The state checkoff is in effect 13 3 for four years before producers may file a petition for a 13 4 reverse referendum to determine whether the state checkoff 13 5 should be continued for another four-year period. The amount 13 6 of the state checkoff is up to 50 cents per head for cattle 13 7 other than veal calves, which are assessed up to 35 cents per 13 8 head. 13 9 The Iowa checkoff, which allows for refunds, was suspended 13 10 October 1, 1986, the same day that the federal checkoff 13 11 commenced under the federal Beef Promotion and Research Act 13 12 (see 7 U.S.C. } 2901 et seq.), authorizing the United States 13 13 secretary of agriculture to promulgate a beef promotion and 13 14 research order requiring beef producers and beef importers to 13 15 pay the national checkoff. The federal beef promotion and 13 16 research order does not provide for refunds and its 13 17 constitutionality has been challenged in federal court based 13 18 on those grounds. 13 19 Substantively, the bill amends Code section 181.1, which 13 20 provides for definitions, including a definition for 13 21 "producer", which is based on the federal Act. 13 22 Code section 181.7A, which provides for the suspension of 13 23 the state checkoff once its federal counterpart has been 13 24 imposed. It also provides, consistent with current law, for 13 25 the recommencement of the state checkoff once the federal 13 26 assessment is no longer viable. The bill provides that 13 27 recommencement is triggered when the federal checkoff is no 13 28 longer being collected or producers pass a special referendum 13 29 to collect the state checkoff in addition to the federal one. 13 30 The bill also provides that if the state checkoff is 13 31 recommenced because the national checkoff is no longer being 13 32 collected, the state checkoff is to be imposed for a new four- 13 33 year period, its effective date being the first date that the 13 34 federal assessment is not collected. The bill provides that 13 35 if a special referendum passes, its effective date is a date 14 1 established by the secretary of agriculture, but within 90 14 2 days from the date that the secretary has determined the 14 3 referendum has passed. The bill eliminates the lower 14 4 assessment rate imposed on veal cattle. All cattle are 14 5 subject to the same 50 cent rate. The bill amends procedures 14 6 for petitioning for a second referendum if a continuance 14 7 referendum fails. 14 8 The bill also makes a number of changes in order to enhance 14 9 its readability. The bill changes the name of the executive 14 10 committee to the "Iowa beef industry council". It changes the 14 11 name of the excise tax from "excise tax" to "state 14 12 assessment". The bill eliminates sections which refer to 14 13 referendums which are no longer applicable and rearranges 14 14 provisions in order to enhance their readability. The bill 14 15 also eliminates Code section 181.5 which refers to 14 16 compensation paid to officers of the association. 14 17 The bill takes effect upon enactment. 14 18 LSB 5497HC 80 14 19 da/pj/5 14 20
Text: HSB00602 Text: HSB00604 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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