Senate
Study
Bill
1205
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
EDUCATION
BILL
BY
CHAIRPERSON
SINCLAIR)
A
BILL
FOR
An
Act
providing
for
training,
prohibitions,
and
requirements
1
relating
to
first
amendment
rights
at
school
districts
and
2
public
postsecondary
educational
institutions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
261H.2,
Code
2021,
is
amended
to
read
as
1
follows:
2
261H.2
Policy
adoption
Public
institutions
of
higher
3
education
——
duties
.
4
1.
The
state
board
of
regents
and
the
board
of
directors
of
5
each
community
college
shall
adopt
a
policy
that
includes
all
6
of
the
following
statements:
7
1.
a.
That
the
primary
function
of
an
institution
of
higher
8
education
is
the
discovery,
improvement,
transmission,
and
9
dissemination
of
knowledge
by
means
of
research,
teaching,
10
discussion,
and
debate.
This
statement
shall
provide
that,
to
11
fulfill
this
function,
the
institution
must
strive
to
ensure
12
the
fullest
degree
of
intellectual
freedom
and
free
expression
13
allowed
under
the
first
amendment
to
the
Constitution
of
the
14
United
States.
15
2.
a.
b.
(1)
That
it
is
not
the
proper
role
of
an
16
institution
of
higher
education
to
shield
individuals
from
17
speech
protected
by
the
first
amendment
to
the
Constitution
of
18
the
United
States,
which
may
include
ideas
and
opinions
the
19
individual
finds
unwelcome,
disagreeable,
or
even
offensive.
20
b.
(2)
That
it
is
the
proper
role
of
an
institution
of
21
higher
education
to
encourage
diversity
of
thoughts,
ideas,
22
and
opinions
and
to
encourage,
within
the
bounds
of
the
23
first
amendment
to
the
Constitution
of
the
United
States,
the
24
peaceful,
respectful,
and
safe
exercise
of
first
amendment
25
rights.
26
3.
c.
That
students
and
faculty
have
the
freedom
to
27
discuss
any
problem
that
presents
itself,
assemble,
and
engage
28
in
spontaneous
expressive
activity
on
campus,
within
the
29
bounds
of
established
principles
of
the
first
amendment
to
the
30
Constitution
of
the
United
States,
and
subject
to
reasonable
31
time,
place,
and
manner
restrictions
that
are
consistent
with
32
established
first
amendment
principles.
33
4.
d.
That
the
outdoor
areas
of
campus
of
an
institution
34
of
higher
education
are
public
forums,
open
on
the
same
terms
35
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to
any
invited
speaker
subject
to
reasonable
time,
place,
1
and
manner
restrictions
that
are
consistent
with
established
2
principles
of
the
first
amendment
to
the
Constitution
of
the
3
United
States.
4
2.
Each
public
institution
of
higher
education
shall
5
develop
materials,
programs,
and
procedures
to
ensure
6
that
those
persons
who
are
responsible
for
discipline,
7
instruction,
or
administration
of
the
campus
community,
or
8
who
have
oversight
of
student
government
organizations,
or
9
distribute
activity
fee
funds,
including
but
not
limited
10
to
administrators,
campus
police
officers,
residence
life
11
officials,
faculty,
and
members
of
student
government
12
organizations,
understand
the
policies,
regulations,
and
13
duties
of
the
institution
regarding
free
expression
on
campus
14
consistent
with
this
chapter.
15
3.
a.
Each
public
institution
of
higher
education
shall
16
protect
the
first
amendment
rights
of
the
institution’s
17
students,
staff,
and
faculty
and
shall
establish
and
publicize
18
policies
that
prohibit
institutional
restrictions
and
penalties
19
based
on
protected
speech,
including
political
speech,
to
20
the
fullest
extent
required
by
the
first
amendment
to
the
21
Constitution
of
the
United
States.
A
public
institution
of
22
higher
education
shall
not
retaliate
against
a
member
of
the
23
campus
community
who
files
a
complaint
for
a
violation
of
this
24
subsection
pursuant
to
section
261H.5.
25
b.
If
it
is
determined,
after
exhaustion
of
all
available
26
administrative
and
judicial
appeals,
that
a
faculty
member
27
knowingly
and
intentionally
restricts
the
protected
speech
or
28
otherwise
penalizes
a
student
in
violation
of
this
subsection,
29
the
faculty
member
shall
be
subject
to
discipline
by
the
30
institution
through
the
normal
disciplinary
processes
of
the
31
institution,
and
such
discipline
may
include
termination
32
depending
on
the
totality
of
the
facts.
If
the
faculty
member
33
is
licensed
by
the
board
of
educational
examiners
under
chapter
34
272,
the
board
of
educational
examiners
shall
conduct
a
hearing
35
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pursuant
to
section
272.13,
and
the
faculty
member
may
be
1
subject
to
disciplinary
action
by
the
board.
2
Sec.
2.
NEW
SECTION
.
261H.6
Training
——
first
amendment
to
3
the
Constitution
of
the
United
States.
4
Each
public
institution
of
higher
education
shall
provide
5
to
each
member
of
the
institution’s
student
government
6
organization
instruction
and
training
on
the
first
amendment
to
7
the
Constitution
of
the
United
States,
including
descriptions
8
of
what
is
or
is
not
protected
under
the
amendment.
9
Sec.
3.
NEW
SECTION
.
261H.7
Race
and
sex
stereotyping
——
10
training
by
institution
prohibited.
11
1.
For
purposes
of
this
section,
unless
the
context
12
otherwise
requires:
13
a.
“Divisive
concepts”
includes
all
of
the
following:
14
(1)
That
one
race
or
sex
is
inherently
superior
to
another
15
race
or
sex.
16
(2)
That
the
state
of
Iowa
is
fundamentally
racist
or
17
sexist.
18
(3)
That
an
individual,
by
virtue
of
the
individual’s
race
19
or
sex,
is
inherently
racist,
sexist,
or
oppressive,
whether
20
consciously
or
unconsciously.
21
(4)
That
an
individual
should
be
discriminated
against
22
or
receive
adverse
treatment
solely
or
partly
because
of
the
23
individual’s
race
or
sex.
24
(5)
That
members
of
one
race
or
sex
cannot
and
should
not
25
attempt
to
treat
others
without
respect
to
race
or
sex.
26
(6)
That
an
individual’s
moral
character
is
necessarily
27
determined
by
the
individual’s
race
or
sex.
28
(7)
That
an
individual,
by
virtue
of
the
individual’s
race
29
or
sex,
bears
responsibility
for
actions
committed
in
the
past
30
by
other
members
of
the
same
race
or
sex.
31
(8)
That
any
individual
should
feel
discomfort,
guilt,
32
anguish,
or
any
other
form
of
psychological
distress
on
account
33
of
that
individual’s
race
or
sex.
34
(9)
That
meritocracy
or
traits
such
as
a
hard
work
ethic
35
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are
racist
or
sexist,
or
were
created
by
a
particular
race
to
1
oppress
another
race.
2
(10)
Any
other
form
of
race
or
sex
stereotyping
or
any
other
3
form
of
race
or
sex
scapegoating.
4
b.
“Race
or
sex
stereotyping”
includes
any
of
the
following:
5
(1)
Ascribing
character
traits,
values,
moral
and
ethical
6
codes,
privileges,
status,
or
beliefs
to
a
race
or
sex,
or
to
7
an
individual
because
of
the
individual’s
race
or
sex.
8
(2)
Assigning
fault,
blame,
or
bias
to
a
race
or
sex,
or
9
to
members
of
a
race
or
sex
because
of
their
race
or
sex,
or
10
claiming
that,
consciously
or
unconsciously,
and
by
virtue
of
11
persons’
race
or
sex,
members
of
any
race
are
inherently
racist
12
or
are
inherently
inclined
to
oppress
others,
or
that
members
13
of
a
sex
are
inherently
sexist
or
inclined
to
oppress
others.
14
2.
Each
public
institution
of
higher
education
may
continue
15
training
that
fosters
a
workplace
and
learning
environment
that
16
is
respectful
of
all
employees
and
students.
However,
the
17
president
of
a
public
institution
of
higher
education
shall
18
ensure
that
any
mandatory
staff
or
student
training
provided
19
by
an
employee
of
the
institution
or
by
a
contractor
hired
by
20
the
institution
does
not
teach,
advocate,
act
upon,
or
promote
21
divisive
concepts.
This
subsection
shall
not
be
construed
as
22
preventing
an
employee
or
contractor
who
provides
mandatory
23
training
from
responding
to
questions
regarding
divisive
24
concepts
raised
by
participants
in
the
training.
25
3.
Institution
diversity
and
inclusion
efforts
shall
26
discourage
employees
and
students
of
the
institution
from
27
discriminating
against
another
by
color,
race,
ethnicity,
28
sex,
or
any
other
characteristic
protected
under
the
federal
29
Civil
Rights
Act
of
1964,
Pub.
L.
No.
88-352,
as
amended,
and
30
applicable
state
law.
31
4.
This
section
shall
not
be
construed
to
do
any
of
the
32
following:
33
a.
Inhibit
or
violate
the
first
amendment
rights
of
students
34
or
faculty,
or
undermine
a
public
institution
of
higher
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education’s
duty
to
protect
to
the
fullest
degree
intellectual
1
freedom
and
free
expression.
The
intellectual
vitality
of
2
students
and
faculty
shall
not
be
infringed
under
this
section.
3
b.
Prevent
a
public
institution
of
higher
education
4
from
promoting
racial,
cultural,
or
ethnic
diversity
or
5
inclusiveness,
provided
such
efforts
are
consistent
with
the
6
provisions
of
this
section.
7
c.
Prohibit
discussing
divisive
concepts
as
part
of
a
larger
8
course
of
academic
instruction.
9
d.
Create
any
right
or
benefit,
substantive
or
procedural,
10
enforceable
at
law
or
in
equity
by
any
party
against
the
state
11
of
Iowa,
its
departments,
agencies,
or
entities,
its
officers,
12
employees,
or
agents,
or
any
other
person.
13
Sec.
4.
NEW
SECTION
.
261H.8
Student
government
14
organizations
——
student
fees
——
appeals
——
liability.
15
1.
Each
institution
of
higher
education
governed
by
16
the
state
board
of
regents
shall
make
a
student
government
17
organization’s
access
to
and
authority
over
any
moneys
18
disbursed
to
the
student
government
organization
by
19
the
institution
contingent
upon
the
student
government
20
organization’s
compliance
with
the
first
amendment
to
the
21
Constitution
of
the
United
States
and
the
provisions
of
this
22
chapter.
23
2.
If,
after
exhaustion
of
all
administrative
or
24
judicial
appeals,
it
is
determined
that
a
student
government
25
organization
knowingly
and
intentionally
violated
the
first
26
amendment
rights
of
a
member
of
the
campus
community
or
that
27
an
action
or
decision
of
a
student
government
organization
is
28
in
violation
of
this
section,
the
institution
shall
suspend
29
the
student
government
organization’s
authority
to
manage
and
30
disburse
student
fees
for
a
period
of
two
years.
During
this
31
period
of
suspension,
such
student
fees
shall
be
managed
and
32
disbursed
by
the
institution.
33
Sec.
5.
Section
262.9,
Code
2021,
is
amended
by
adding
the
34
following
new
subsection:
35
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NEW
SUBSECTION
.
39.
Appoint
annually
from
among
its
1
membership
a
three-member
nonpartisan
free
speech
committee
2
that
shall
receive
complaints
under
section
261H.5
relating
3
to
the
institutions
of
higher
learning
governed
by
the
state
4
board.
5
Sec.
6.
Section
272.2,
subsection
14,
Code
2021,
is
amended
6
by
adding
the
following
new
paragraph:
7
NEW
PARAGRAPH
.
e.
The
board
may
deny
a
license
to
or
8
revoke
the
license
of
a
person
upon
the
board’s
finding
by
a
9
preponderance
of
evidence
that
the
person
discriminated
against
10
a
student
in
violation
of
section
261H.2,
subsection
3,
or
11
section
279.73.
12
Sec.
7.
NEW
SECTION
.
279.73
Intellectual
freedom
——
13
protection
——
complaints.
14
1.
The
board
of
directors
of
each
school
district
shall
15
protect
the
intellectual
freedom
of
the
school
district’s
16
students
and
practitioners
and
shall
establish
and
publicize
17
policies
that
protect
students
and
faculty
from
discrimination
18
based
on
political
bias.
A
person
shall
not
retaliate
against
19
a
person
who
files
a
complaint
for
a
violation
of
this
section.
20
If
the
person
who
files
a
complaint
for
a
violation
of
this
21
section
is
an
employee
of
the
school
district,
the
provisions
22
of
section
70A.29
shall
apply.
23
2.
If
the
board
of
directors
of
the
school
district
or
24
a
court
finds
that
an
employee
of
the
school
district
who
25
holds
a
license,
certificate,
statement
of
recognition,
or
26
authorization
issued
by
the
board
of
educational
examiners
27
under
chapter
272
discriminated
against
a
student
in
violation
28
of
this
section,
the
board
of
educational
examiners
shall
29
conduct
a
hearing
pursuant
to
section
272.13,
and
the
30
employee
may
be
subject
to
disciplinary
action
by
the
board
of
31
educational
examiners
pursuant
to
section
272.2,
subsection
14.
32
Sec.
8.
NEW
SECTION
.
279.74
Race
and
sex
stereotyping
——
33
training
prohibited.
34
1.
For
purposes
of
this
section,
unless
the
context
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otherwise
requires:
1
a.
“Divisive
concepts”
means
the
same
as
defined
in
section
2
261H.7.
3
b.
“Race
or
sex
stereotyping”
means
the
same
as
defined
in
4
section
261H.7.
5
2.
Each
school
district
may
continue
training
that
fosters
6
a
workplace
and
learning
environment
that
is
respectful
of
7
all
employees
and
students.
However,
the
superintendent
of
8
each
school
district
shall
ensure
that
any
mandatory
staff
or
9
student
training
provided
by
an
employee
of
the
school
district
10
or
by
a
contractor
hired
by
the
school
district
does
not
11
teach,
advocate,
act
upon,
or
promote
divisive
concepts.
This
12
subsection
shall
not
be
construed
as
preventing
an
employee
or
13
contractor
who
provides
mandatory
training
from
responding
to
14
questions
regarding
divisive
concepts
raised
by
participants
in
15
the
training.
16
3.
School
district
diversity
and
inclusion
efforts
shall
17
discourage
employees
and
students
of
the
school
district
from
18
discriminating
against
another
by
color,
race,
ethnicity,
19
sex,
or
any
other
characteristic
protected
under
the
federal
20
Civil
Rights
Act
of
1964,
Pub.
L.
No.
88-352,
as
amended,
and
21
applicable
state
law.
22
4.
This
section
shall
not
be
construed
to
do
any
of
the
23
following:
24
a.
Inhibit
or
violate
the
first
amendment
rights
of
students
25
or
faculty,
or
undermine
a
school
district’s
duty
to
protect
to
26
the
fullest
degree
intellectual
freedom
and
free
expression.
27
The
intellectual
vitality
of
students
and
faculty
shall
not
be
28
infringed
under
this
section.
29
b.
Prevent
a
school
district
from
promoting
racial,
30
cultural,
or
ethnic
diversity
or
inclusiveness,
provided
such
31
efforts
are
consistent
with
the
provisions
of
this
section.
32
c.
Prohibit
discussing
divisive
concepts
as
part
of
a
larger
33
course
of
academic
instruction.
34
d.
Create
any
right
or
benefit,
substantive
or
procedural,
35
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enforceable
at
law
or
in
equity
by
any
party
against
the
state
1
of
Iowa,
its
departments,
agencies,
or
entities,
its
officers,
2
employees,
or
agents,
or
any
other
person.
3
Sec.
9.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
4
3,
shall
not
apply
to
this
Act.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
provides
for
first
amendment
rights
training,
9
prohibitions,
and
requirements
at
or
by
school
districts
and
10
public
postsecondary
educational
institutions.
11
Each
public
institution
of
higher
education
must
develop
12
materials,
programs,
and
procedures
to
ensure
that
those
13
persons
who
are
responsible
for
discipline,
instruction,
or
14
administration
of
the
campus
community,
and
who
have
oversight
15
of
student
government
organizations,
or
distribute
activity
fee
16
funds,
understand
the
policies,
regulations,
and
duties
of
the
17
institution
regarding
free
expression
on
campus.
18
Each
such
public
institution
of
higher
education
must
19
protect
the
first
amendment
rights
of
its
students,
staff,
and
20
faculty
and
must
establish
and
publicize
policies
that
prohibit
21
institutional
restrictions
and
penalties
based
on
protected
22
speech.
An
institution
shall
not
retaliate
against
a
person
23
filing
a
discrimination
complaint.
24
If
it
is
determined
that
a
faculty
member
knowingly
and
25
intentionally
restricts
the
protected
speech
or
otherwise
26
penalizes
a
student,
the
faculty
member
shall
be
subject
to
27
discipline
by
the
institution.
The
bill
establishes
similar
28
requirements
for
school
districts.
If
the
faculty
member
or
in
29
the
case
of
a
school
district,
the
school
employee,
is
licensed
30
by
the
board
of
educational
examiners,
the
faculty
member
or
31
school
employee,
as
appropriate,
may
be
subject
to
disciplinary
32
action
by
the
board.
33
If
it
is
determined
that
a
student
government
organization
34
knowingly
and
intentionally
violated
the
first
amendment
35
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rights
of
a
member
of
the
campus
community
or
is
in
violation
1
of
the
provisions
of
the
bill,
the
institution
shall
suspend
2
the
student
government
organization’s
authority
to
manage
and
3
disburse
student
fees
for
a
period
of
two
years,
during
which
4
time
the
student
fees
shall
be
managed
and
disbursed
by
the
5
institution.
6
Each
public
institution
of
higher
education
must
provide
7
to
each
student
and
each
student
government
organization
8
instruction
and
training
on
the
first
amendment
to
the
9
Constitution
of
the
United
States,
including
descriptions
of
10
what
is
or
is
not
protected
under
the
amendment.
11
Each
school
district
and
each
public
institution
of
higher
12
learning
may
continue
all
training
that
fosters
a
workplace
13
that
is
respectful
of
all
employees
and
students,
but
the
14
superintendent
of
the
school
district
or
the
president
of
the
15
institution
must
ensure
that
any
mandatory
staff
or
student
16
training
provided
by
an
employee
of
the
school
district
or
the
17
institution
or
by
a
contractor
hired
by
the
school
district
18
or
the
institution
does
not
teach,
advocate,
act
upon,
or
19
promote
divisive
concepts,
which
the
bill
defines
to
include
20
that
one
race
or
sex
is
inherently
superior
to
another;
that
21
Iowa
is
fundamentally
racist
or
sexist;
that
an
individual,
22
by
virtue
of
the
individual’s
race
or
sex,
is
inherently
23
racist,
sexist,
or
oppressive;
that
an
individual
should
be
24
discriminated
against
or
receive
adverse
treatment
solely
or
25
partly
because
of
his
or
her
race
or
sex;
that
members
of
one
26
race
or
sex
cannot
and
should
not
attempt
to
treat
others
27
without
respect
to
race
or
sex;
that
an
individual’s
moral
28
character
is
necessarily
determined
by
his
or
her
race
or
sex;
29
that
an
individual
bears
responsibility
for
actions
committed
30
in
the
past
by
other
members
of
the
same
race
or
sex;
that
any
31
individual
should
feel
psychological
distress
on
account
of
32
that
individual’s
race
or
sex;
that
meritocracy
or
traits
such
33
as
a
hard
work
ethic
are
racist
or
sexist,
or
were
created
by
34
a
particular
race
to
oppress
another
race;
and
any
other
form
35
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of
race
or
sex
stereotyping
or
any
other
form
of
race
or
sex
1
scapegoating.
2
The
bill
defines
“race
or
sex
stereotyping”
as
ascribing
3
character
traits,
values,
moral
and
ethical
codes,
privileges,
4
status,
or
beliefs
to
a
race
or
sex,
or
to
an
individual
5
because
of
the
individual’s
race
or
sex;
assigning
fault,
6
blame,
or
bias
to
a
race
or
sex;
or
to
members
of
a
race
or
sex
7
because
of
their
race
or
sex;
or
claiming
that,
consciously
or
8
unconsciously,
and
by
virtue
of
persons’
race
or
sex,
members
9
of
any
race
are
inherently
racist
or
are
inherently
inclined
to
10
oppress
others,
or
that
members
of
a
sex
are
inherently
sexist
11
or
inclined
to
oppress
others.
12
Institution
diversity
and
inclusion
efforts
must
discourage
13
employees
and
students
of
the
school
district
or
institution
14
from
discriminating
against
another
by
color,
race,
ethnicity,
15
sex,
or
any
other
characteristic
protected
under
the
federal
16
Civil
Rights
Act
of
1964
or
applicable
state
law.
17
Nothing
in
the
provision
shall
be
construed
to
inhibit
18
or
violate
the
first
amendment
rights
of
students
or
faculty
19
or
undermine
the
institution’s
or
school
district’s
duty
to
20
protect
intellectual
freedom
and
free
expression;
prevent
21
a
school
district
or
public
postsecondary
institution
22
from
promoting
racial,
cultural,
or
ethnic
diversity
or
23
inclusiveness;
to
prohibit
discussing
divisive
concepts
as
part
24
of
a
larger
course
of
academic
instruction;
or
to
create
any
25
right
or
benefit,
substantive
or
procedural,
enforceable
at
26
law
or
in
equity
by
any
party
against
the
state
of
Iowa,
its
27
departments,
agencies,
or
entities,
its
officers,
employees,
28
or
agents,
or
any
other
person.
29
Each
regents
university
shall
make
student
government
30
organization
access
to
and
authority
over
any
moneys
disbursed
31
to
the
student
government
organization
by
the
university
32
contingent
upon
the
student
government
organization’s
33
compliance
with
the
first
amendment
to
the
Constitution
of
the
34
United
States
and
with
Code
chapter
261H.
35
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If,
after
the
exhaustion
of
administrative
or
judicial
1
appeals,
it
is
determined
that
a
student
government
2
organization
knowingly
and
intentionally
violated
the
first
3
amendment
rights
of
a
member
of
the
campus
community
or
that
4
an
action
of
a
student
government
organization
violated
the
5
provisions
of
the
bill,
the
institution
shall
suspend
the
6
student
government
organization’s
authority
to
manage
and
7
disburse
student
fees
for
two
years.
During
this
period
of
8
suspension,
such
student
fees
shall
be
managed
and
disbursed
9
by
the
institution.
10
The
state
board
of
regents
must
annually
appoint
from
among
11
its
membership
a
three-member
nonpartisan
free
speech
appeals
12
committee
to
receive
complaints
under
Code
section
261H.5
13
relating
to
the
institutions
of
higher
learning
governed
by
the
14
state
board.
15
The
bill
may
include
a
state
mandate
as
defined
in
Code
16
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
17
subsection
3,
which
would
relieve
a
political
subdivision
from
18
complying
with
a
state
mandate
if
funding
for
the
cost
of
19
the
state
mandate
is
not
provided
or
specified.
Therefore,
20
political
subdivisions
are
required
to
comply
with
any
state
21
mandate
included
in
the
bill.
22
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