Connecticut 2022 Regular Session

Connecticut Senate Bill SB00313 Compare Versions

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7+General Assembly Substitute Bill No. 313
8+February Session, 2022
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4-Substitute Senate Bill No. 313
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6-Public Act No. 22-139
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9-AN ACT CONCERNING ADOPTION OF THE RECOMMENDATIONS
10-OF THE TASK FORCE TO STUDY CANCER RELIEF BENEFITS FOR
12+AN ACT CONCERNING ADOPTION OF THE RECOMMENDATIONS OF
13+THE TASK FORCE TO STUDY CANCER RELIEF BENEFITS FOR
1114 FIREFIGHTERS.
1215 Be it enacted by the Senate and House of Representatives in General
1316 Assembly convened:
1417
15-Section 1. (NEW) (Effective from passage) (a) The Joint Counsel of
16-Connecticut Fire Services Organization, in consultation with the
17-Connecticut State Firefighters Association, must come up with a joint
18-plan for maintenance and remediation of toxic substances on turnout
19-gear. Such plan shall be submitted to the Commission of Fire Prevention
20-and Control by July 1, 2023. Upon approval of such plan, the
21-commission shall advise fire departments on implementation of the
22-plan.
23-(b) Within ninety days of approval by the commission, each fire
24-department shall adopt a plan for the maintenance and remediation of
25-toxic substances on turnout gear.
26-Sec. 2. (NEW) (Effective from passage) The Workers' Compensation
27-Commission shall maintain a record of all workers' compensation
28-claims made by firefighters due to a cancer diagnosis. Not later than
29-January first of each year, the Workers' Compensation Commission
30-shall submit a report summarizing such records to the joint standing Substitute Senate Bill No. 313
18+Section 1. (NEW) (Effective July 1, 2022) (a) The Labor Department's 1
19+Division of Occupational Safety and Health shall adopt the International 2
20+Association of Fire Chiefs' Best Practices for Preventing Firefighter 3
21+Cancer. 4
22+(b) The Labor Department's Division of Occupational Safety and 5
23+Health shall additionally adopt a practice requiring not less than two 6
24+sets of turnout gear be provided to firefighters to ensure clean gear is 7
25+worn while any contaminated gear is properly cleaned. 8
26+Sec. 2. Section 31-294j of the general statutes is repealed and the 9
27+following is substituted in lieu thereof (Effective July 1, 2022): 10
28+(a) For the purpose of adjudication of claims for payment of benefits 11
29+under the provisions of this chapter, a uniformed member of a paid 12
30+municipal or volunteer fire department, a regular member of a paid 13
31+municipal police department, a constable, as defined in section 31-294i, 14
32+or a member of a volunteer ambulance service shall be eligible for such 15
33+benefits for any disease arising out of and in the course of employment, 16
34+including, but not limited to, hepatitis, meningococcal meningitis, 17 Substitute Bill No. 313
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32-Public Act No. 22-139 2 of 5
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34-committee of the General Assembly having cognizance of matters
35-relating to labor.
36-Sec. 3. Section 7-313i of the general statutes is repealed and the
37-following is substituted in lieu thereof (Effective from passage):
38-(a) There is established a firefighters cancer relief subcommittee of
39-the Connecticut State Firefighters Association that shall consist of one
40-member from the Connecticut State Firefighters Association, one
41-member from the Connecticut Fire Chiefs Association, one member
42-from the Uniformed Professional Firefighters of the International
43-Association of Firefighters, one member from the Connecticut Fire
44-Marshals Association, and one member from the Connecticut
45-Conference of Municipalities. Such subcommittee shall review claims
46-for wage replacement benefits submitted to the firefighters cancer relief
47-program established pursuant to section 7-313j and provide wage
48-replacement benefits, in accordance with the provisions of subsection
49-(b) of section 3-123, to any firefighter who the subcommittee determines
50-is eligible for such wage replacement benefits pursuant to the provisions
51-of section 7-313j. The subcommittee may determine the weekly wage
52-replacement benefits provided to a firefighter in accordance with the
53-provisions of this chapter and chapter 568.
54-(b) A firefighter who is approved for wage replacement benefits by
55-the subcommittee pursuant to subsection (a) of this section shall be
56-eligible for such benefits on and after July 1, 2019, and for a period
57-determined by the subcommittee, provided such period shall not exceed
58-twenty-four months. The maximum weekly wage replacement benefit
59-under this section shall be determined by the subcommittee, provided
60-such maximum weekly wage replacement benefit shall not exceed one
61-hundred per cent, raised to the next even dollar, of the average weekly
62-earnings of all workers in the state for the year in which the condition
63-of cancer was diagnosed. The average weekly earnings of all workers in
64-the state shall be determined by the Labor Commissioner on or before Substitute Senate Bill No. 313
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41+tuberculosis, Kahler's Disease, non-Hodgkin's lymphoma, and prostate 18
42+or testicular cancer that results in death or temporary or permanent total 19
43+or partial disability. 20
44+(b) Notwithstanding any provision of the general statutes, a 21
45+firefighter's diagnosis of cancer shall be presumed to arise out of and in 22
46+the course of employment as the result of exposures particular to the 23
47+duties performed as a firefighter for any condition of cancer affecting 24
48+the brain, skin, skeletal system, digestive system, endocrine system, 25
49+respiratory system, lymphatic system, reproductive system, urinary 26
50+system or hematological system that results in death, or temporary or 27
51+permanent total or partial disability. This presumption shall only be 28
52+rebutted by clear and convincing evidence of any of the following: (1) 29
53+The firefighter had a physical examination upon entry into such service, 30
54+or subsequent to entry, as the case may be, that revealed evidence of the 31
55+claimed cancer; (2) the firefighter has failed to submit to annual physical 32
56+examinations subsequent to entry into such service or that subsequent 33
57+physical examinations have revealed evidence of such cancer or a 34
58+propensity for such cancer; (3) such firefighter has used cigarettes, as 35
59+defined in section 12-285, or any other tobacco products, as defined in 36
60+section 12-330a, within fifteen years of the diagnosis of the claimed 37
61+cancer; (4) such firefighter has worked less than at least five years on or 38
62+after February 1, 2017, as (A) an interior structural firefighter at a paid 39
63+municipal, state or volunteer fire department, or (B) a local fire marshal, 40
64+deputy fire marshal, fire investigator, fire inspector or such other class 41
65+of inspector or investigator for whom the State Fire Marshal and the 42
66+Codes and Standards Committee, acting jointly, have adopted 43
67+minimum standards of qualification pursuant to section 29-298, at the 44
68+time such cancer is discovered, or should have been discovered; (5) the 45
69+firefighter has not used respiratory protection and other personal 46
70+protective equipment as described in the federal Occupational Safety 47
71+and Health Act standards adopted pursuant to 29 CFR 1910.134 and 29 48
72+CFR 1910.156 for a period of five consecutive years; or (6) the claimed 49
73+cancer is not one that is known to result from exposure to heat, radiation 50
74+or a known carcinogen as determined by the International Agency for 51 Substitute Bill No. 313
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68-the fifteenth day of August of each year, to be effective the following
69-October first, and shall be the average of all workers' weekly earnings
70-for the year ending the previous June thirtieth and shall be so
71-determined in accordance with the standards for the determination of
72-average weekly earnings of all workers established by the United States
73-Department of Labor, Bureau of Labor Statistics.
74-(c) A firefighter may receive wage replacement benefits under this
75-section concurrently with any employer-provided employment
76-benefits, provided the total compensation of such firefighter during
77-such period of receiving benefits under this section shall not exceed such
78-firefighter's pay rate at the time such firefighter was diagnosed with a
79-condition of cancer described in section 7-313j.
80-(d) No firefighter shall receive compensation under this section
81-concurrently with the provisions of chapter 567 or 568 or any other
82-municipal, state or federal program that provides wage replacement
83-benefits.
84-(e) No approval of wage replacement benefits for a firefighter by the
85-subcommittee pursuant to subsection (a) of this section shall be used as
86-evidence, proof or an acknowledgment of liability or causation in any
87-proceeding under chapter 568.
88-(f) No approval of wage replacement benefits for a firefighter by the
89-subcommittee pursuant to subsection (a) of this section shall create a
90-presumption that the firefighter's cancer was work related for purposes
91-of chapter 568. Nothing in this section shall be construed to diminish or
92-affect in any manner a firefighter's rights and benefits or any rights and
93-defenses that an employer may have under chapter 568.
94-[(f)] (g) Notwithstanding any other provision of the general statutes,
95-any employer who provides accident and health insurance or life
96-insurance coverage for a firefighter or makes payments or contributions Substitute Senate Bill No. 313
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100-at the regular hourly or weekly rate for the firefighter to an employee
101-welfare plan, shall provide to the firefighter equivalent insurance
102-coverage or welfare plan payments or contributions while the firefighter
103-is eligible to receive or is receiving wage replacement compensation
104-under this section. As used in this section, "employee welfare plan"
105-means any plan established or maintained for such firefighter or such
106-firefighter's family or dependents, or for both, for medical, surgical or
107-hospital care benefits.
108-[(g)] (h) The State Treasurer shall remit wage replacement benefits
109-that are approved by the subcommittee from the firefighters cancer
110-relief account established pursuant to section 7-313h not later than thirty
111-days after such benefits have been approved.
112-Sec. 4. (Effective from passage) The Comptroller shall conduct a study
113-to assess the feasibility of providing pension benefits in circumstances
114-when a firefighter's pension maturity or number of years of service
115-required for the firefighter to receive pension benefits is not met because
116-of an early retirement due to a qualifying work-related cancer or death.
117-Such study shall include an examination of the feasibility of
118-implementing a prorated benefit for such instances. The Comptroller
119-shall report the results of such study and any recommended legislation
120-to the joint standing committee of the General Assembly having
121-cognizance of matters relating to labor.
122-Sec. 5. (NEW) (Effective January 1, 2024) (a) Each municipality within
123-the state shall annually contribute, not later than December fifteenth of
124-each year, ten dollars per firefighter within such municipality's district
125-to the firefighters cancer relief account established pursuant to section
126-7-313h of the general statutes.
127-(b) Municipality contributions shall be based on the current number
128-of career and volunteer firefighters within the municipality at the time
129-of contribution. Substitute Senate Bill No. 313
81+Research on Cancer or the National Toxicology Program of the United 52
82+States Department of Health and Human Services. For purposes of this 53
83+subsection, "interior structural firefighter" means an individual who 54
84+performs fire suppression, rescue or both, inside of buildings or 55
85+enclosed structures that are involved in a fire situation beyond the 56
86+incipient stage, as defined in 29 CFR 1910.155. 57
87+(c) Any individual, who is no longer actively serving as a firefighter 58
88+but who otherwise would fall within the provisions of subsection (a) of 59
89+this section, may apply for benefits under the provisions of this chapter 60
90+not later than five years after the date such individual last served as a 61
91+firefighter. 62
92+(d) A firefighter or other individual, who is eligible for benefits 63
93+pursuant to subsection (a) or (b) of this section, shall be required to 64
94+submit to annual physical examinations, including blood testing, during 65
95+the firefighter or other individual's active service and for a period of five 66
96+years after the date such firefighter or other individual last served as a 67
97+firefighter as a condition of receiving such benefits. An individual who 68
98+no longer serves as a firefighter shall bear the cost of any physical 69
99+examination required under this subsection. 70
100+(e) As an alternative to workers' compensation coverage for work 71
101+related cancer, a fire department may purchase a separate, private 72
102+insurance policy to cover firefighters' illnesses or injuries arising out of 73
103+and in the course of employment. Such policy shall provide benefits that 74
104+are comparable, or better, than workers' compensation benefits. 75
105+Sec. 3. (NEW) (Effective from passage) The Workers' Compensation 76
106+Commission shall maintain a record of all workers' compensation 77
107+claims made by firefighters due to a cancer diagnosis. Not later than 78
108+January first of each year, the Workers' Compensation Commission 79
109+shall submit a report summarizing such records to the joint standing 80
110+committee of the General Assembly having cognizance of matters 81
111+relating to labor. 82 Substitute Bill No. 313
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133-(c) Municipalities shall only contribute funds for firefighters that: (1)
134-Have submitted to annual physical examinations subsequent to entry
135-into such service that have failed to reveal any evidence of such cancer
136-or a propensity for such cancer; (2) have not used any cigarettes, as
137-defined in section 12-285 of the general statutes, or any other tobacco
138-products, as defined in section 12-330a of the general statutes, within
139-fifteen years; (3) have worked for not less than five years as (A) an
140-interior structural firefighter at a paid municipal, state or volunteer fire
141-department, or (B) a local fire marshal, deputy fire marshal, fire
142-investigator, fire inspector or such other class of inspector or
143-investigator for whom the State Fire Marshal and the Codes and
144-Standards Committee, acting jointly, have adopted minimum standards
145-of qualification pursuant to section 29-298 of the general statutes.
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118+Sec. 4. Section 7-313i of the general statutes is repealed and the 83
119+following is substituted in lieu thereof (Effective from passage): 84
120+(a) There is established a firefighters cancer relief subcommittee of 85
121+the Connecticut State Firefighters Association that shall consist of one 86
122+member from the Connecticut State Firefighters Association, one 87
123+member from the Connecticut Fire Chiefs Association, one member 88
124+from the Uniformed Professional Firefighters of the International 89
125+Association of Firefighters, one member from the Connecticut Fire 90
126+Marshals Association, and one member from the Connecticut 91
127+Conference of Municipalities. Such subcommittee shall review claims 92
128+for wage replacement benefits submitted to the firefighters cancer relief 93
129+program established pursuant to section 7-313j and provide wage 94
130+replacement benefits, in accordance with the provisions of subsection 95
131+(b) of section 3-123, to any firefighter who the subcommittee determines 96
132+is eligible for such wage replacement benefits pursuant to the provisions 97
133+of section 7-313j. The subcommittee may determine the weekly wage 98
134+replacement benefits provided to a firefighter in accordance with the 99
135+provisions of this chapter and chapter 568. 100
136+(b) A firefighter who is approved for wage replacement benefits by 101
137+the subcommittee pursuant to subsection (a) of this section shall be 102
138+eligible for such benefits on and after July 1, 2019, and for a period 103
139+determined by the subcommittee, provided such period shall not exceed 104
140+twenty-four months. The maximum weekly wage replacement benefit 105
141+under this section shall be determined by the subcommittee, provided 106
142+such maximum weekly wage replacement benefit shall not exceed one 107
143+hundred per cent, raised to the next even dollar, of the average weekly 108
144+earnings of all workers in the state for the year in which the condition 109
145+of cancer was diagnosed. The average weekly earnings of all workers in 110
146+the state shall be determined by the Labor Commissioner on or before 111
147+the fifteenth day of August of each year, to be effective the following 112
148+October first, and shall be the average of all workers' weekly earnings 113
149+for the year ending the previous June thirtieth and shall be so 114
150+determined in accordance with the standards for the determination of 115 Substitute Bill No. 313
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157+average weekly earnings of all workers established by the United States 116
158+Department of Labor, Bureau of Labor Statistics. 117
159+(c) A firefighter may receive wage replacement benefits under this 118
160+section concurrently with any employer-provided employment 119
161+benefits, provided the total compensation of such firefighter during 120
162+such period of receiving benefits under this section shall not exceed such 121
163+firefighter's pay rate at the time such firefighter was diagnosed with a 122
164+condition of cancer described in section 7-313j. 123
165+[(d) No firefighter shall receive compensation under this section 124
166+concurrently with the provisions of chapter 567 or 568 or any other 125
167+municipal, state or federal program that provides wage replacement 126
168+benefits.] 127
169+[(e)] (d) No approval of wage replacement benefits for a firefighter by 128
170+the subcommittee pursuant to subsection (a) of this section shall be used 129
171+as evidence, proof or an [acknowledgement] acknowledgment of 130
172+liability or causation in any proceeding under chapter 568. 131
173+[(f)] (e) Notwithstanding any other provision of the general statutes, 132
174+any employer who provides accident and health insurance or life 133
175+insurance coverage for a firefighter or makes payments or contributions 134
176+at the regular hourly or weekly rate for the firefighter to an employee 135
177+welfare plan, shall provide to the firefighter equivalent insurance 136
178+coverage or welfare plan payments or contributions while the firefighter 137
179+is eligible to receive or is receiving wage replacement compensation 138
180+under this section. As used in this section, "employee welfare plan" 139
181+means any plan established or maintained for such firefighter or such 140
182+firefighter's family or dependents, or for both, for medical, surgical or 141
183+hospital care benefits. 142
184+[(g)] (f) The State Treasurer shall remit wage replacement benefits 143
185+that are approved by the subcommittee from the firefighters cancer 144
186+relief account established pursuant to section 7-313h not later than thirty 145
187+days after such benefits have been approved. 146 Substitute Bill No. 313
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194+Sec. 5. Section 31-284b of the general statutes is repealed and the 147
195+following is substituted in lieu thereof (Effective from passage): 148
196+(a) In order to maintain, as nearly as possible, the income of 149
197+[employees] claimants who suffer employment-related injuries, any 150
198+employer who provides accident and health insurance or life insurance 151
199+coverage for any [employee] claimant or makes payments or 152
200+contributions at the regular hourly or weekly rate for full-time 153
201+employees to an employee welfare plan, shall provide to the [employee] 154
202+claimant equivalent insurance coverage or welfare plan payments or 155
203+contributions while the [employee] claimant is eligible to receive or is 156
204+receiving compensation pursuant to this chapter, or while the 157
205+[employee] claimant is receiving wages under a provision for sick leave 158
206+payments for time lost due to an employment-related injury. As used in 159
207+this section, "income" means all forms of remuneration to an individual 160
208+from his employment, including wages, accident and health insurance 161
209+coverage, life insurance coverage and employee welfare plan 162
210+contributions and "employee welfare plan" means any plan established 163
211+or maintained for employees or their families or dependents, or for both, 164
212+for medical, surgical or hospital care benefits. 165
213+(b) An employer may provide such equivalent accident and health or 166
214+life insurance coverage or welfare plan payments or contributions by: 167
215+(1) Insuring [his] the employer's full liability under this section in any 168
216+stock or mutual companies or associations that are or may be authorized 169
217+to take such risks in this state; (2) creating an injured employee's plan as 170
218+an extension of any existing plan for working employees; (3) self-171
219+insurance; or (4) by any combination of the methods provided in 172
220+subdivisions (1) to (3), inclusive, of this subsection that he may choose. 173
221+(c) In the case of an employee welfare plan, an employer may provide 174
222+equivalent protection by making payments or contributions for such 175
223+hours of contributions established by the trustees of the employee 176
224+welfare plan as necessary to maintain continuation of such insurance 177
225+coverage when the amount is less than the amount of regular hourly or 178
226+weekly contributions for full-time employees. 179 Substitute Bill No. 313
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233+(d) In any case where compensation payments to an individual for 180
234+total incapacity under the provisions of section 31-307 continue for more 181
235+than one hundred four weeks, the cost of accident and health insurance 182
236+or life insurance coverage after the one-hundred-fourth week shall be 183
237+paid out of the Second Injury Fund in accordance with the provisions of 184
238+section 31-349. 185
239+(e) Accident and health insurance coverage may include, but shall not 186
240+be limited to, coverage provided by insurance or directly by the 187
241+employer for the following health care services: Medical, surgical, 188
242+dental, nursing and hospital care and treatment, drugs, diagnosis or 189
243+treatment of mental conditions or alcoholism, and pregnancy and child 190
244+care. 191
245+Sec. 6. (Effective from passage) The Comptroller shall conduct a study 192
246+to assess the feasibility of providing pension benefits in circumstances 193
247+when a firefighter's pension maturity or number of years of service 194
248+required for the firefighter to receive pension benefits is not met because 195
249+of an early retirement due to a qualifying work-related cancer or death. 196
250+Such study shall include an examination of the feasibility of 197
251+implementing a prorated benefit for such instances. The Comptroller 198
252+shall report the results of such study and any recommended legislation 199
253+to the joint standing committee of the General Assembly having 200
254+cognizance of matters relating to labor. 201
255+Sec. 7. Subsection (d) of section 31-367 of the general statutes is 202
256+repealed and the following is substituted in lieu thereof (Effective from 203
257+passage): 204
258+(d) "Employer" means the state and any political subdivision thereof 205
259+and, except as provided in section 31-369, as amended by this act, any 206
260+volunteer fire department and any volunteer ambulance company; 207
261+Sec. 8. Section 31-369 of the general statutes is repealed and the 208
262+following is substituted in lieu thereof (Effective from passage): 209
263+(a) This chapter applies to all employers, employees and places of 210 Substitute Bill No. 313
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270+employment in the state except the following: (1) Employees of the 211
271+United States government; [and] (2) working conditions of employees 212
272+over which federal agencies other than the United States Department of 213
273+Labor exercise statutory authority to prescribe or enforce standards or 214
274+regulations affecting occupational safety and health; and (3) any 215
275+volunteer fire department or volunteer ambulance company that is able 216
276+to demonstrate such department or company is regulated by the 217
277+Occupational Safety and Health Act of 1970, 29 USC 651 et seq., as 218
278+amended from time to time. 219
279+(b) Nothing in this chapter shall be construed to supersede or in any 220
280+manner affect any workers' compensation law or to enlarge, diminish or 221
281+affect in any manner common law or statutory rights, duties or liabilities 222
282+of employers or employees, under any law with respect to injuries, 223
283+diseases or death of employees arising out of and in the course of 224
284+employment. 225
285+Sec. 9. Subsection (c) of section 31-382 of the general statutes is 226
286+repealed and the following is substituted in lieu thereof (Effective from 227
287+passage): 228
288+(c) Any employer who has received a citation for a violation of the 229
289+requirements of sections 31-369, as amended by this act, and 31-370, of 230
290+any standard or order promulgated pursuant to section 31-372, or of 231
291+regulations adopted pursuant to this chapter, which violation is 232
292+specifically determined not to be of a serious nature, may be assessed a 233
293+civil penalty of up to one thousand dollars for each such violation, 234
294+except any volunteer fire department and any volunteer ambulance 235
295+company shall, for the first such violation, only be issued a written 236
296+warning. 237
297+Sec. 10. (Effective from passage) The sum of one million two hundred 238
298+thousand dollars is appropriated to the Firefighter's Cancer Relief 239
299+Account, established pursuant to section 7-313h of the general statutes, 240
300+from the General Fund, for the fiscal year ending June 30, 2023, for 241
301+retroactive pay for the years the annual appropriation of four hundred 242 Substitute Bill No. 313
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308+thousand dollars was deferred. 243
309+This act shall take effect as follows and shall amend the following
310+sections:
311+
312+Section 1 July 1, 2022 New section
313+Sec. 2 July 1, 2022 31-294j
314+Sec. 3 from passage New section
315+Sec. 4 from passage 7-313i
316+Sec. 5 from passage 31-284b
317+Sec. 6 from passage New section
318+Sec. 7 from passage 31-367(d)
319+Sec. 8 from passage 31-369
320+Sec. 9 from passage 31-382(c)
321+Sec. 10 from passage New section
322+
323+Statement of Legislative Commissioners:
324+In Section 5(b)(1), "the employee's full liability" was changed to "the
325+employer's full liability" for accuracy and, in Section 6, "(NEW)" was
326+removed for consistency with standard drafting conventions.
327+
328+LAB Joint Favorable Subst. -LCO
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