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5 | 5 | | 2025 -- S 0802 |
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6 | 6 | | ======== |
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7 | 7 | | LC002247 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO HUMAN SERVICES -- THE RHODE ISLAND WORKS PROGRAM |
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16 | 16 | | Introduced By: Senators DiMario, Murray, Valverde, Quezada, Ujifusa, Urso, Lauria, |
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17 | 17 | | and Lawson |
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18 | 18 | | Date Introduced: March 14, 2025 |
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19 | 19 | | Referred To: Senate Judiciary |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Section 40-5.2-20 of the General Laws in Chapter 40-5.2 entitled "The Rhode 1 |
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24 | 24 | | Island Works Program" is hereby amended to read as follows: 2 |
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25 | 25 | | 40-5.2-20. Childcare assistance — Families or assistance units eligible. [Effective 3 |
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26 | 26 | | January 1, 2025.] 4 |
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27 | 27 | | (a) The department shall provide appropriate child care to every participant who is eligible 5 |
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28 | 28 | | for cash assistance and who requires child care in order to meet the work requirements in 6 |
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29 | 29 | | accordance with this chapter. 7 |
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30 | 30 | | (b) Low-income child care. The department shall provide child care to all other working 8 |
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31 | 31 | | families with incomes at or below two hundred sixty-one percent (261%) of the federal poverty 9 |
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32 | 32 | | level if, and to the extent, these other families require child care in order to work at paid 10 |
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33 | 33 | | employment as defined in the department’s rules and regulations. The department shall also provide 11 |
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34 | 34 | | child care to families with incomes below two hundred sixty-one percent (261%) of the federal 12 |
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35 | 35 | | poverty level if, and to the extent, these families require child care to participate on a short-term 13 |
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36 | 36 | | basis, as defined in the department’s rules and regulations, in training, apprenticeship, internship, 14 |
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37 | 37 | | on-the-job training, work experience, work immersion, or other job-readiness/job-attachment 15 |
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38 | 38 | | program sponsored or funded by the human resource investment council (governor’s workforce 16 |
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39 | 39 | | board) or state agencies that are part of the coordinated program system pursuant to § 42-102-11. 17 |
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40 | 40 | | Effective from January 1, 2021, through June 30, 2022, the department shall also provide childcare 18 |
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41 | 41 | | assistance to families with incomes below one hundred eighty percent (180%) of the federal poverty 19 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC002247 - Page 2 of 5 |
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45 | 45 | | level when such assistance is necessary for a member of these families to enroll or maintain 1 |
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46 | 46 | | enrollment in a Rhode Island public institution of higher education provided that eligibility to 2 |
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47 | 47 | | receive funding is capped when expenditures reach $200,000 for this provision. Effective July 1, 3 |
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48 | 48 | | 2022 through December 31, 2024, the department shall also provide childcare assistance to families 4 |
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49 | 49 | | with incomes below two hundred percent (200%) of the federal poverty level when such assistance 5 |
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50 | 50 | | is necessary for a member of these families to enroll or maintain enrollment in a Rhode Island 6 |
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51 | 51 | | public institution of higher education. Effective January 1, 2025, the department shall also provide 7 |
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52 | 52 | | childcare assistance to families with incomes below two hundred sixty-one percent (261%) of the 8 |
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53 | 53 | | federal poverty level when such assistance is necessary for a member of these families to enroll or 9 |
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54 | 54 | | maintain enrollment in a Rhode Island public institution of higher education. 10 |
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55 | 55 | | (c) No family/assistance unit shall be eligible for childcare assistance under this chapter if 11 |
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56 | 56 | | the combined value of its liquid resources exceeds one million dollars ($1,000,000), which 12 |
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57 | 57 | | corresponds to the amount permitted by the federal government under the state plan and set forth 13 |
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58 | 58 | | in the administrative rulemaking process by the department. Liquid resources are defined as any 14 |
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59 | 59 | | interest(s) in property in the form of cash or other financial instruments or accounts that are readily 15 |
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60 | 60 | | convertible to cash or cash equivalents. These include, but are not limited to: cash, bank, credit 16 |
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61 | 61 | | union, or other financial institution savings, checking, and money market accounts; certificates of 17 |
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62 | 62 | | deposit or other time deposits; stocks; bonds; mutual funds; and other similar financial instruments 18 |
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63 | 63 | | or accounts. These do not include educational savings accounts, plans, or programs; retirement 19 |
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64 | 64 | | accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse. 20 |
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65 | 65 | | The department is authorized to promulgate rules and regulations to determine the ownership and 21 |
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66 | 66 | | source of the funds in the joint account. 22 |
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67 | 67 | | (d) As a condition of eligibility for childcare assistance under this chapter, the parent or 23 |
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68 | 68 | | caretaker relative of the family must consent to, and must cooperate with, the department in 24 |
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69 | 69 | | establishing paternity, and in establishing and/or enforcing child support and medical support 25 |
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70 | 70 | | orders for any children in the family receiving appropriate child care under this section in 26 |
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71 | 71 | | accordance with the applicable sections of title 15, as amended, unless the parent or caretaker 27 |
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72 | 72 | | relative is found to have good cause for refusing to comply with the requirements of this subsection. 28 |
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73 | 73 | | (e) For purposes of this section, “appropriate child care” means child care, including infant, 29 |
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74 | 74 | | toddler, preschool, nursery school, and school-age, that is provided by a person or organization 30 |
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75 | 75 | | qualified, approved, and authorized to provide the care by the state agency or agencies designated 31 |
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76 | 76 | | to make the determinations in accordance with the provisions set forth herein. 32 |
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77 | 77 | | (f)(1) Families with incomes below one hundred percent (100%) of the applicable federal 33 |
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78 | 78 | | poverty level guidelines shall be provided with free child care. Families with incomes greater than 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC002247 - Page 3 of 5 |
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82 | 82 | | one hundred percent (100%) and less than two hundred percent (200%) of the applicable federal 1 |
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83 | 83 | | poverty guideline shall be required to pay for some portion of the child care they receive, according 2 |
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84 | 84 | | to a sliding-fee scale adopted by the department in the department’s rules, not to exceed seven 3 |
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85 | 85 | | percent (7%) of income as defined in subsection (h) of this section. 4 |
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86 | 86 | | (2) Families who are receiving childcare assistance and who become ineligible for 5 |
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87 | 87 | | childcare assistance as a result of their incomes exceeding two hundred sixty-one percent (261%) 6 |
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88 | 88 | | of the applicable federal poverty guidelines shall continue to be eligible for childcare assistance 7 |
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89 | 89 | | until their incomes exceed three hundred percent (300%) of the applicable federal poverty 8 |
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90 | 90 | | guidelines. To be eligible, the families must continue to pay for some portion of the child care they 9 |
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91 | 91 | | receive, as indicated in a sliding-fee scale adopted in the department’s rules, not to exceed seven 10 |
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92 | 92 | | percent (7%) of income as defined in subsection (h) of this section, and in accordance with all other 11 |
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93 | 93 | | eligibility standards. 12 |
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94 | 94 | | (g) In determining the type of child care to be provided to a family, the department shall 13 |
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95 | 95 | | take into account the cost of available childcare options; the suitability of the type of care available 14 |
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96 | 96 | | for the child; and the parent’s preference as to the type of child care. 15 |
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97 | 97 | | (h) For purposes of this section, “income” for families receiving cash assistance under § 16 |
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98 | 98 | | 40-5.2-11 means gross, earned income and unearned income, subject to the income exclusions in 17 |
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99 | 99 | | §§ 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross, earned and 18 |
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100 | 100 | | unearned income as determined by departmental regulations. 19 |
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101 | 101 | | (i) The caseload estimating conference established by chapter 17 of title 35 shall forecast 20 |
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102 | 102 | | the expenditures for child care in accordance with the provisions of § 35-17-1. 21 |
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103 | 103 | | (j) In determining eligibility for childcare assistance for children of members of reserve 22 |
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104 | 104 | | components called to active duty during a time of conflict, the department shall freeze the family 23 |
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105 | 105 | | composition and the family income of the reserve component member as it was in the month prior 24 |
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106 | 106 | | to the month of leaving for active duty. This shall continue until the individual is officially 25 |
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107 | 107 | | discharged from active duty. 26 |
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108 | 108 | | (k) Effective from August 1, 2023, through July 31, 2025, the department shall provide 27 |
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109 | 109 | | funding for child care for eligible childcare educators, and childcare staff, who work at least twenty 28 |
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110 | 110 | | (20) hours a week in licensed childcare centers and licensed family childcare homes as defined in 29 |
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111 | 111 | | the department’s rules and regulations. Eligibility is limited to qualifying childcare educators and 30 |
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112 | 112 | | childcare staff with family incomes up to three hundred percent (300%) of the applicable federal 31 |
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113 | 113 | | poverty guidelines and will have no copayments. Qualifying participants may select the childcare 32 |
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114 | 114 | | center or family childcare home for their children. The department shall promulgate regulations 33 |
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115 | 115 | | necessary to implement this section, and will collect applicant and participant data to report 34 |
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116 | 116 | | |
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117 | 117 | | |
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118 | 118 | | LC002247 - Page 4 of 5 |
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119 | 119 | | estimated demand for state-funded child care for eligible childcare educators and childcare staff. 1 |
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120 | 120 | | The report shall be due to the governor and the general assembly by November 1, 2024. 2 |
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121 | 121 | | (l) Protective services. The department shall also provide child care assistance to families 3 |
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122 | 122 | | who meet the requirements of a protective services category as defined in 45 CFR §98.20 (a)(3)(ii) 4 |
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123 | 123 | | to provide eligibility for vulnerable children, such as those receiving support through the 5 |
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124 | 124 | | department of children, youth, and families. The department shall maintain the definition of the 6 |
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125 | 125 | | protected services category in rules and regulations to align with federal requirements. 7 |
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126 | 126 | | SECTION 2. This act shall take effect upon passage. 8 |
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127 | 127 | | ======== |
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128 | 128 | | LC002247 |
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130 | 130 | | |
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131 | 131 | | |
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132 | 132 | | LC002247 - Page 5 of 5 |
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133 | 133 | | EXPLANATION |
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134 | 134 | | BY THE LEGISLATIVE COUNCIL |
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135 | 135 | | OF |
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136 | 136 | | A N A C T |
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137 | 137 | | RELATING TO HUMAN SERVICES -- THE RHODE ISLAND WORKS PROGRAM |
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138 | 138 | | *** |
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139 | 139 | | This act would require the department of human services to provide childcare assistance to 1 |
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140 | 140 | | families, including those served through DCYF, who meet the requirements of a protective services 2 |
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141 | 141 | | category as defined in CFR 45 §98.20 (a)(3)(ii). 3 |
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142 | 142 | | This act would take effect upon passage. 4 |
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143 | 143 | | ======== |
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144 | 144 | | LC002247 |
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146 | 146 | | |
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