(2) to hear a complaint or charge against a member of an advisory body. In one sentence of Chapter 21.2, "meeting" is defined broadly to include most formal and informal gatherings of a majority of members of a governmental body. How do I protect myself from identity theft? 551.121. This subsection does not apply to public criticism that is otherwise prohibited by law. (2) maintain the archived recording on the Internet for not less than two years after the date the recording was first made available. 647, Sec. 551.089. Acts 2013, 83rd Leg., R.S., Ch. 4.05, 4.06, eff. 42.30.070. Do you have a compliance guide for the Open Meetings Act? 6, eff. 3106.2 BUT! 2, eff. September 1, 2019. May 18, 2013. (b-2) A governmental body described by Subsection (b-1) may make available the archived recording of a meeting required by Subsection (b-1) on an existing Internet site, including a publicly accessible video-sharing or social networking site. Acts 2011, 82nd Leg., R.S., Ch. VIDEOCONFERENCE CALL. 685 (H.B. 1, eff. 380 (S.B. 778 (H.B. 1, eff. Added by Acts 2013, 83rd Leg., R.S., Ch. 1367 (H.B. The Open Meeting Law requires public bodies to follow certain rules when conducting business in meetings. (a) A member of a governmental body commits an offense if a closed meeting is not permitted under this chapter and the member knowingly: (1) calls or aids in calling or organizing the closed meeting, whether it is a special or called closed meeting; (2) closes or aids in closing the meeting to the public, if it is a regular meeting; or. Learn about them here. 551.1282. However, evidence that a defendant completed a course of training offered under this section is not prima facie evidence that the defendant knowingly violated this chapter. Ordinances, rules, resolutions, regulations, etc., adopted at public meetings Notice Secret voting prohibited. 551.052. Tenn. Code Ann. BOARD OF PARDONS AND PAROLES. (c) The office of the attorney general or other entity providing the training shall provide a certificate of course completion to persons who complete the training required by this section. (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). June 17, 2011. MUNICIPAL GOVERNMENTAL BODY: PLACE OF POSTING NOTICE. (a) A governmental body shall either keep a certified agenda or make a recording of the proceedings of each closed meeting, except for a private consultation permitted under Section 551.071. (1) authorize the members of a governmental body to conduct a meeting of the governmental body by telephone conference call, video conference call, or communications over the Internet; or. 551.046. Sept. 1, 1999. Added by Acts 2009, 81st Leg., R.S., Ch. Sec. Why is the law's coverage limited in this way? Acts 2007, 80th Leg., R.S., Ch. Minutes; right to speak. (a-3) A member of a governmental body who participates in a meeting by videoconference call shall be considered absent from any portion of the meeting during which audio or video communication with the member is lost or disconnected. 3, eff. Open Public Meetings Act does not apply. Sec. (2) either provide notice of each meeting to the county clerk of each county in which the district or political subdivision is located or post notice of each meeting on the district's or political subdivision's Internet website. Sec. COMMISSIONERS COURTS: DELIBERATION REGARDING CONTRACT BEING NEGOTIATED; CLOSED MEETING. Sept. 1, 2001. (a) This chapter does not require a school board to conduct an open meeting to deliberate in a case: (1) involving discipline of a public school child; or. (A) a deliberation between a quorum of a governmental body, or between a quorum of a governmental body and another person, during which public business or public policy over which the governmental body has supervision or control is discussed or considered or during which the governmental body takes formal action; or. All votes at any meeting shall be taken in public after due notice of the meeting and compliance with the posting and agenda requirements of this chapter. 304 Definitions used in Open Meeting Act 25 O.S. Sec. At the call of the presiding officer of the Board of Pardons and Paroles, the board may hold a hearing on clemency matters by telephone conference call. 3, eff. Reenacted and amended by Acts 2013, 83rd Leg., R.S., Ch. 471), Sec. If the governmental body is unable to convene the open meeting within those 72 hours, the governmental body may subsequently convene the meeting only if the governmental body gives written notice of the meeting as required by this subchapter. Notice of regular meetings shall be posted within ten days after the first meeting in each calendar or fiscal year, and notice of special meetings shall be posted at least 18 hours before the . (c) Except as provided by Subsection (b-2), a governmental body that broadcasts a meeting over the Internet shall establish an Internet site and provide access to the broadcast from that site. 10:4-6 et seq.) INSTITUTION OF HIGHER EDUCATION. The Open Meetings Act (OMA) took effect in 1977 and created a new structure for transparency and accountability for governmental decision making. 551.043. (2) if the property owners' association: (A) provides maintenance, preservation, and architectural control of residential and commercial property within a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more; and. 551.086 by Acts 2001, 77th Leg., ch. Enhanced website made possible with American Rescue Plan Act funds as administered by Institute of Museum and Library Services. 551.074. Sec. Acts 2007, 80th Leg., R.S., Ch. 551.073. 302 Open Meeting Act Public Policy, 25 O.S. The location where the member of the governmental body presiding over the meeting is physically present shall be open to the public during the open portions of the meeting. Third, to conduct such meetings in open session, except where a . (3) recorded and made available to the public in an online archive located on the Internet website of the entity holding the meeting. CLOSED MEETING; OFFENSE; PENALTY. 1, eff. Added by Acts 1995, 74th Leg., ch. 25.071, eff. June 15, 2007. 87 (S.B. Sec. An action taken by a governmental body in violation of this chapter is voidable. MINUTES AND RECORDINGS OF OPEN MEETING: PUBLIC RECORD. What should a school board meeting notice contain to comply with the Texas Open . OPEN MEETINGS TRAINING. Acts 2015, 84th Leg., R.S., Ch. (b) For purposes of Subsection (a), "items of community interest" includes: (1) expressions of thanks, congratulations, or condolence; (2) information regarding holiday schedules; (3) an honorary or salutary recognition of a public official, public employee, or other citizen, except that a discussion regarding a change in the status of a person's public office or public employment is not an honorary or salutary recognition for purposes of this subdivision; (4) a reminder about an upcoming event organized or sponsored by the governing body; (5) information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the political subdivision; and. Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. The Texas Department of Information Resources publishes the Videoconferencing Standards (pdf) with which school boards must comply in order to meet by video conference. (b) The secretary of state shall post the notice provided under Subsection (a)(2) on the Internet. 1, eff. (b) A municipal governmental body shall post notice of each meeting on a physical or electronic bulletin board at a place convenient to the public in the city hall. the requirements for conducting a meeting while discussing or conducting official business. Acts 2019, 86th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. Schedule of regular meetings Publication in state register Notice of change "Regular . May 18, 2013. September 1, 2015. (a) The presiding officer of a governmental body, or the member of a governmental body who calls an emergency meeting of the governmental body or adds an emergency item to the agenda of a meeting of the governmental body, shall notify the news media of the emergency meeting or emergency item as required by this section. Added by Acts 2005, 79th Leg., Ch. 239), Sec. (a) A member of a governmental body commits an offense if the member participates in a closed meeting of the governmental body knowing that a certified agenda of the closed meeting is not being kept or that a recording of the closed meeting is not being made. 52-4-201 Meetings open to the public -- Exceptions. The Open Meeting Law encourages government transparency; however, the best practice is for public body members to avoid the use of electronic devices during meetings to discuss matters within the jurisdiction of the public body if those electronic communications are not shared with members of the public attending the meeting. Acts 2017, 85th Leg., R.S., Ch. 2313), Sec. 647, Sec. 1, eff. LEGISLATURE. 115 (S.B. 209, Sec. 306 Vote by Electronic or Telephonic Communications 25 O.S. (7) a joint board created under Section 22.074, Transportation Code. 1969), Sec. Due to the COVID-19 State of Emergency and the Governors Orders, the Office of the Attorney General will not have in person trainings for Open Meetings Act (OMA) and the Inspection of Public Records Act (IPRA) at this time. Acts 2017, 85th Leg., R.S., Ch. 31), Sec. 551.124. Sec. The Act permits public bodies to discuss some topics confidentially. 494), Sec. 165 (S.B. September 1, 2021. (8) "Videoconference call" means a communication conducted between two or more persons in which one or more of the participants communicate with the other participants through duplex audio and video signals transmitted over a telephone network, a data network, or the Internet. This law guarantees that Alabama's citizens have open access to agencies, boards, commissions, and other governmental bodies which conduct the people's business. 633, Sec. The act defines meetings as all gatherings of or communications to a quorum of members of a multi-member public agency with the intention of discussing or deciding on public policy. The Act's goals are to increase the public's . Sec. The Open Meetings Act explicitly lists a commissioners court as a governmental body. 1, eff. Sept. 1, 1993. Sec. The provisions of the Open Meeting Act contain requirements that: Prohibit the board from taking action on an "item of business" outside of a board meeting. The Texas Open Meetings Act requires the open meeting notices of the Joint Admission Medical Program (JAMP) to be posted at least 7 days in advance of the meeting (because JAMP has statewide jurisdiction and is not the governing body of an institute of higher education.) The notice of a legislative committee meeting shall be as provided by the rules of the house of representatives or of the senate. 1, eff. (A) a board, commission, department, committee, or agency within the executive or legislative branch of state government that is directed by one or more elected or appointed members; (B) a county commissioners court in the state; (C) a municipal governing body in the state; (D) a deliberative body that has rulemaking or quasi-judicial power and that is classified as a department, agency, or political subdivision of a county or municipality; (E) a school district board of trustees; (H) the governing board of a special district created by law; (I) a local workforce development board created under Section 2308.253; (J) a nonprofit corporation that is eligible to receive funds under the federal community services block grant program and that is authorized by this state to serve a geographic area of the state; (K) a nonprofit corporation organized under Chapter 67, Water Code, that provides a water supply or wastewater service, or both, and is exempt from ad valorem taxation under Section 11.30, Tax Code; (L) a joint board created under Section 22.074, Transportation Code; and. OPEN MEETINGS ACT Remote Meetings During Disaster Declarations Public Act 101-0640 (available via this link), which went into effect on . Sec. 2, eff. (d) A recording made under Subsection (a) must include announcements by the presiding officer at the beginning and the end of the meeting indicating the date and time. 268, Sec. Acts 2005, 79th Leg., Ch. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. Sec. 551.072. OMA Resources Open Meetings Act MCL 15.261 Open Meetings Act Handbook Sec. 1229, Sec. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1999. 8-44-103. 551.085. 3827), Sec. 268, Sec. (M) a board of directors of a reinvestment zone created under Chapter 311, Tax Code. The open portions of the meeting must be audible to the public at the location where the quorum is present and be recorded at that location. The minutes and recordings of an open meeting are public records and shall be available for public inspection and copying on request to the governmental body's chief administrative officer or the officer's designee. The audio recordings of open meetings are also public information and the audio recordings of state bodies must be available through the website, either by posting or linking. C. 10004 (e) (2) District of Columbia. 2022). 1341 (S.B. 304 Definitions used in Open Meeting Act, 25 O.S. 5.02(a), eff. of Ed., 1975 OK 147, 542 P.2d 1309. . WRITTEN ELECTRONIC COMMUNICATIONS ACCESSIBLE TO PUBLIC. MEETING REQUIREMENTS DURING A DISASTER DECLARATION 1) Standard 48-hour notice of a meeting must be provided, except for an emergency meeting, to all members of the Open Meetings Act (OMA) is 1976 PA 267, MCL 15.261 through 15.275. . 2668), Sec. 3.06, eff. May 18, 2013. (b) An offense under Subsection (a) is a misdemeanor punishable by: (1) a fine of not less than $100 or more than $500; (2) confinement in the county jail for not less than one month or more than six months; or. (7) "Recording" means a tangible medium on which audio or a combination of audio and video is recorded, including a disc, tape, wire, film, electronic storage drive, or other medium now existing or later developed. 925 (S.B. Amended by Acts 2001, 77th Leg., ch. 87 (S.B. The Open Meetings Act (OMA) is a state law, which provides the statutory guidelines for conducting public meetings. (c) A meeting held by telephone conference call or video conference call authorized by this section may be held only if: (2) the convening at one location of a quorum of the governing body of the applicable water district is difficult or impossible. Acts 2019, 86th Leg., R.S., Ch. A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or. June 14, 2013. (b) The court may assess costs of litigation and reasonable attorney fees incurred by a plaintiff or defendant who substantially prevails in an action under Subsection (a). EXCEPTION TO GENERAL RULE: COMMITTEE OF LEGISLATURE. 1, eff. 1038, Sec. With New Mexico Office of the Attorney Generals Electronic Complaint Submission (ECS) application, you can submit your complaint to our office without having to fill out paper forms. September 1, 2015. 917 (S.B. 630, Sec. Added by Acts 2021, 87th Leg., R.S., Ch. Added by Acts 1993, 73rd Leg., ch. (a) A governmental body shall prepare and keep minutes or make a recording of each open meeting of the body. Added by Acts 2015, 84th Leg., R.S., Ch. (a) A governmental body may use a telephone conference call, video conference call, or communications over the Internet to conduct a public consultation with its attorney in an open meeting of the governmental body or a private consultation with its attorney in a closed meeting of the governmental body. 27), Sec. 1319, Sec. Complaints about possible violations, or questions pertaining to OMA should be referred to the Open Government Division. (a) The Texas Facilities Commission may conduct a closed meeting to deliberate business and financial issues relating to a contract being negotiated if, before conducting the closed meeting: (1) the commission votes unanimously that deliberation in an open meeting would have a detrimental effect on the position of the state in negotiations with a third person; and. 1440), Sec. 1, eff. Added by Acts 2003, 78th Leg., ch. 1266, Sec. Aug. 30, 1999. In this chapter, the legislature is exercising its powers to adopt rules to prohibit secret meetings of the legislature, committees of the legislature, and other bodies associated with the legislature, except as specifically permitted in the constitution. (a) This section applies only to a governmental body or economic development corporation that maintains an Internet website or for which an Internet website is maintained. In exercising its discretion, the court shall consider whether the action was brought in good faith and whether the conduct of the governmental body had a reasonable basis in law. 87 (S.B. Acts 2013, 83rd Leg., R.S., Ch. (c) Subsection (b)(1) does not apply to written materials that the general counsel or other appropriate attorney for the district certifies are confidential or may be withheld from public disclosure under Chapter 552. 681 (H.B. 1, eff. Notable exemptions to this definition include: employment search committees for executive positions. In this subsection, "directory information" has the meaning assigned by the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. If an open meeting is continued to the following regular business day and, on that following day, the governmental body continues the meeting to another day, the governmental body must give written notice as required by this subchapter of the meeting continued to that other day. (a) A communication or exchange of information between members of a governmental body about public business or public policy over which the governmental body has supervision or control does not constitute a meeting or deliberation for purposes of this chapter if: (2) the writing is posted to an online message board or similar Internet application that is viewable and searchable by the public; and. Added by Acts 2003, 78th Leg., ch. BOARD OF TRUSTEES OF TEACHER RETIREMENT SYSTEM OF TEXAS: QUORUM PRESENT AT ONE LOCATION. (j) A person who is not a member of the board may speak at the meeting from a remote location by telephone conference call. Your right to attend public meetings is protected. 622, Sec. MEDICAL BOARD OR MEDICAL COMMITTEE. Public notice requirements - a meeting of a public body cannot be held unless public notice is given consistent with the . 340 (S.B. 2, eff. DISTRICT OR POLITICAL SUBDIVISION EXTENDING INTO FEWER THAN FOUR COUNTIES: NOTICE TO PUBLIC AND COUNTY CLERKS; PLACE OF POSTING NOTICE. At the time of an open meeting, a public body is not required to disseminate or September 1, 2007. 268, Sec. 809 (H.B. June 14, 2013. ADDITIONAL POSTING REQUIREMENTS FOR CERTAIN MUNICIPALITIES, COUNTIES, SCHOOL DISTRICTS, JUNIOR COLLEGE DISTRICTS, DEVELOPMENT CORPORATIONS, AUTHORITIES, AND JOINT BOARDS. 1, eff. (a) In this section, "electronic bulletin board" means an electronic communication system that includes a perpetually illuminated screen on which the governmental body can post messages or notices viewable without manipulation by the public. Acts 2013, 83rd Leg., R.S., Ch. This article shall be known and may be cited as the Bagley-Keene Open Meeting Act." Each board has essentially three duties under the Open Meeting Act. 3047), Sec. Sec. (a) Notwithstanding anything in this chapter to the contrary, the rules provided by this section apply to competitive matters of a public power utility. September 1, 2009. (e) The notice of a telephone conference call meeting of a governing board must specify as the location of the meeting the location where meetings of the governing board are usually held. Sec. Box 13084, Austin, Texas 78711, or email at tbcj@tdcj.texas.gov. 87 (S.B. OPEN MEETINGS REQUIREMENT. 286), Sec. 159 (S.B. Renumbered from Sec. Added by Acts 1995, 74th Leg., ch. 293), Sec. 471), Sec. Acts 2021, 87th Leg., R.S., Ch. B. C. . The recording shall be made available to the public. Added by Acts 2005, 79th Leg., Ch. Sec. 1, eff. Whenever, a governmental body receives a briefing from staff, a notice of an open meeting must be posted. Attorney General Balderas issued the following guidance to public entities across the State of New Mexico regarding their ongoing obligations to comply with the Open Meetings Act (OMA) and the Inspection of Public Records Act (IPRA) during the state of emergency in New Mexico. (d) Subsection (a) does not apply to a consultation with an attorney who is an employee of the governmental body. (e) The location of the meeting shall provide two-way communication during the entire telephone conference call meeting, and the identification of each party to the telephone conference shall be clearly stated before the party speaks. (f) Nothing in this section is intended to preclude the application of the enforcement and remedies provisions of Subchapter G. Added by Acts 1999, 76th Leg., ch. (b-1) A transit authority or department subject to Chapter 451, 452, 453, or 460, Transportation Code, an elected school district board of trustees for a school district that has a student enrollment of 10,000 or more, an elected governing body of a home-rule municipality that has a population of 50,000 or more, or a county commissioners court for a county that has a population of 125,000 or more shall: (1) make a video and audio recording of reasonable quality of each: (A) regularly scheduled open meeting that is not a work session or a special called meeting; and. The handbook addresses when the Act applies, what constitutes reasonable notice and the application of the Act to informal gatherings. Added by Acts 2001, 77th Leg., ch. (b) In litigation in a district court involving an alleged violation of this chapter, the court: (1) is entitled to make an in camera inspection of the certified agenda or recording; (2) may admit all or part of the certified agenda or recording as evidence, on entry of a final judgment; and. Amended by Acts 1999, 76th Leg., ch. 302 Open Meeting Act Public Policy 25 O.S. Acts 2011, 82nd Leg., R.S., Ch. Minutes must be taken. Amended by Acts 1999, 76th Leg., ch. 3357), Sec. This chapter does not require a medical board or medical committee to conduct an open meeting to deliberate the medical or psychiatric records of an individual applicant for a disability benefit from a public retirement system. DELIBERATION REGARDING TEST ITEM. September 1, 2007. Sec. Is a meeting subject to OMA even if no votes are taken? 307.1 Videoconference Exceptions 1377 (S.B. (6) "Quorum" means a majority of a governmental body, unless defined differently by applicable law or rule or the charter of the governmental body. June 17, 2011. The notice must also specify: (1) the location of the meeting where a quorum of the board or board committee, as applicable, will be physically present; and. 551.021. (b) Directory information about a public school student is considered to be personally identifiable information about the student for purposes of Subsection (a) only if a parent or guardian of the student, or the student if the student has attained 18 years of age, has informed the school board, the school district, or a school in the school district that the directory information should not be released without prior consent. GOVERNING BODY OF CERTAIN WATER DISTRICTS: INTERNET POSTING OF MEETING MATERIALS; RECORDING OF CERTAIN HEARINGS. 1, eff. (b) The governing board of a health maintenance organization created under Section 281.0515, Health and Safety Code, that is subject to this chapter is not required to conduct an open meeting to deliberate information described by Subsection (a). 2, eff. September 1, 2005. 268, Sec. (d) A person who is designated or authorized to post notice of a meeting by a governmental body under this subchapter shall post the notice taking at face value the governmental body's stated reason for the emergency or urgent public necessity. SPECIAL NOTICE TO NEWS MEDIA OF EMERGENCY MEETING OR EMERGENCY ADDITION TO AGENDA. Sec. 647, Sec. The Director has promulgated emergency regulations codified as N.J.A.C. Added by Acts 2011, 82nd Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. Stat. 679), Sec. SCHOOL DISTRICT: SPECIAL NOTICE TO NEWS MEDIA. Added by Acts 2007, 80th Leg., R.S., Ch. 87 (S.B. 8), Sec. Acts 2021, 87th Leg., R.S., Ch. 1, eff. The Handy Guide To Bagley-Keene Open Meeting Act, pdf summarizes California law governing all "state" boards and commissions. 1343), Sec. 1969), Sec. 1, eff. The attorney general shall attempt to coordinate the training required by this section with training required by other law to the extent practicable. 551.0821. (a) In this section, "electronic bulletin board" means an electronic communication system that includes a perpetually illuminated screen on which the governmental body can post messages or notices viewable without manipulation by the public. 551.077. 551.123. A board member who participates remotely in any portion of a board meeting by telephone conference call is considered to have participated in the entire board meeting by telephone conference call. Specifically, this extension allows public bodies to continue holding meetings remotely without a . 8, eff. See, e.g., 89 SUBCHAPTER E. PROCEDURES RELATING TO CLOSED MEETING. 87 (S.B. Sec. (a) A property owners' association is subject to this chapter in the same manner as a governmental body: (A) membership in the property owners' association is mandatory for owners or for a defined class of owners of private real property in a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more; (B) the property owners' association has the power to make mandatory special assessments for capital improvements or mandatory regular assessments; and, (C) the amount of the mandatory special or regular assessments is or has ever been based in whole or in part on the value at which the state or a local governmental body assesses the property for purposes of ad valorem taxation under Section 20, Article VIII, Texas Constitution; or. WATER DISTRICTS. Acts 2013, 83rd Leg., R.S., Ch. (1976 Public Act 267, MCL 15.261 et seq.) Statutes outside of the Act may also apply to specific Though the trainings are offered at NO CHARGE, we do ask that you RSVP to Heather Sandoval at roadshows@nmag.gov or by telephone at (505) 717-3581. 1306), Sec. (2) knew at the time the member engaged in the communication that the series of communications: (A) involved or would involve a quorum; and. September 1, 2007. Sec. 471), Sec. 12.16, eff. 1287, Sec. 551.0411. 551.088. (b) A meeting held by telephone conference call authorized by this section may be held only if a quorum of the governing board is physically present at the location where meetings of the board are usually held. Acts 2011, 82nd Leg., R.S., Ch. (b) The presiding officer or member is required to notify only those members of the news media that have previously: (1) filed at the headquarters of the governmental body a request containing all pertinent information for the special notice; and. Sec. Acts 2013, 83rd Leg., R.S., Ch. The online message board or similar Internet application must be owned or controlled by the governmental body, prominently displayed on the governmental body's primary Internet web page, and no more than one click away from the governmental body's primary Internet web page. (a) Except as otherwise provided by this section, this chapter does not prohibit a governmental body from holding an open or closed meeting by videoconference call. Sec. 551.003. Sec. Added by Acts 2005, 79th Leg., Ch. 685 (H.B. 471), Sec. 2840), Sec. CERTIFIED AGENDA OR RECORDING REQUIRED. 2414), Sec. 551.126 by Acts 1999, 76th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 1, eff. Sec. 1613), Sec. Acts 2013, 83rd Leg., R.S., Ch. Act explicitly lists a commissioners court as a governmental body shall prepare and keep or... Or charge against a member of an Open meeting of a reinvestment zone created chapter. Meetings notice Secret voting prohibited acts 1993, 73rd Leg., R.S., Ch 2017, 85th Leg. R.S.. 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