1-1  By:  Zaffirini                                        S.B. No. 1099
    1-2        (In the Senate - Filed March 9, 1995; March 14, 1995, read
    1-3  first time and referred to Committee on Health and Human Services;
    1-4  April 27, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 8, Nays 0; April 27, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 1099               By:  Zaffirini
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the Interagency Council on Early Childhood
   1-11  Intervention.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 73.001, Human Resources Code, is amended
   1-14  to read as follows:
   1-15        Sec. 73.001.  DEFINITIONS.  In this chapter:
   1-16              (1)  "Board" means the board of the Interagency Council
   1-17  on Early Childhood Intervention.
   1-18              (2)  "Council" means the Interagency Council on Early
   1-19  Childhood Intervention <Services>.
   1-20              (3)  "Developmental delay" <(2)  "Developmentally
   1-21  delayed child"> means a significant variation <child who is
   1-22  determined by an interdisciplinary team to exhibit:>
   1-23                    <(A)  a significant delay, beyond acceptable
   1-24  variations> in normal development as measured by appropriate
   1-25  diagnostic instruments and procedures, in one or more of the
   1-26  following areas:
   1-27                    (A) <(i)>  cognitive development;
   1-28                    (B)  physical development <(ii)  gross or fine
   1-29  motor>;
   1-30                    (C)  communication development <(iii)  language
   1-31  or speech>;
   1-32                    (D) <(iv)>  social or emotional development; or
   1-33                    (E)  adaptive development <(v)  self-help skills;
   1-34  or>
   1-35                    <(B)  an organic defect or a condition that is
   1-36  very likely to result in a delay in one or more of those
   1-37  capabilities or skills>.
   1-38        SECTION 2.  Section 73.002, Human Resources Code, is amended
   1-39  to read as follows:
   1-40        Sec. 73.002.  BOARD <INTERAGENCY COUNCIL>.  (a)  The council
   1-41  is governed by a board composed of three lay members who are the
   1-42  parents of <developmentally delayed> children with developmental
   1-43  delay and one representative each from the Texas Department of
   1-44  Health, the Texas Department of Mental Health and Mental
   1-45  Retardation, the Texas Department of Human Services, the Central
   1-46  Education Agency, the Department of Protective and Regulatory
   1-47  Services, and the Texas Commission on Alcohol and Drug Abuse.  The
   1-48  governor with the advice and consent of the senate shall appoint
   1-49  the lay members, and the commissioner, director, or executive
   1-50  director of each agency shall appoint that agency's representative.
   1-51  The agency representative should be a person in the agency with
   1-52  administrative responsibility for <the supervision of> early
   1-53  childhood intervention <support staff or> related services.
   1-54        (b)  Members of the board <council> serve for staggered
   1-55  six-year terms, with the terms of three members expiring February 1
   1-56  of each odd-numbered year.  If a member appointed by a state agency
   1-57  terminates employment with the agency, the member's position
   1-58  becomes vacant on the date of termination.
   1-59        (c)  The members of the board <council> shall <annually>
   1-60  elect one member to serve as the presiding officer and one member
   1-61  to serve as assistant presiding officer.  Officers shall serve a
   1-62  two-year term <chairperson>.
   1-63        (d)  The board <council> shall meet at least quarterly and
   1-64  shall adopt rules for the conduct of its meetings.
   1-65        (e)  Any action taken by the board <council> must be approved
   1-66  by a majority vote of the members present.
   1-67        (f)  The board <council> shall establish regulations,
   1-68  policies, and procedures <a policy> for carrying out the council's
    2-1  <its> duties under this chapter.
    2-2        (g)  The board <council> shall develop a method for
    2-3  responding to <programs funded under this chapter to respond to
    2-4  individual> complaints regarding services provided by the council
    2-5  <program>.
    2-6        SECTION 3.  Chapter 73, Human Resources Code, is amended by
    2-7  adding Section 73.0021 to read as follows:
    2-8        Sec. 73.0021.  ELIGIBILITY REQUIREMENT FOR BOARD MEMBERSHIP.
    2-9  (a)  Appointments to the board shall be made without regard to
   2-10  race, color, disability, sex, religion, age, or national origin.
   2-11        (b)  A person is not eligible for appointment as a board
   2-12  member if:
   2-13              (1)  the person does not meet the eligibility
   2-14  requirements under Section 73.002;
   2-15              (2)  the person or the person's spouse is an officer of
   2-16  an agency or paid counsel of an organization with which the council
   2-17  engages in a contractual relationship; or
   2-18              (3)  the person is required to register as a lobbyist
   2-19  under Chapter 305, Government Code, because of the person's
   2-20  activities on behalf of a profession or organization related to
   2-21  council functions.
   2-22        SECTION 4.  Chapter 73, Human Resources Code, is amended by
   2-23  adding Section 73.0022 to read as follows:
   2-24        Sec. 73.0022.  REMOVAL OF BOARD MEMBERS.  (a)  It is a ground
   2-25  for removal from the board if a member:
   2-26              (1)  is not eligible for appointment to the board under
   2-27  Section 73.002;
   2-28              (2)  does not maintain during service on the board the
   2-29  qualifications required by Section 73.002;
   2-30              (3)  has or develops an interest that conflicts or
   2-31  appears to conflict with the member's position on the board;
   2-32              (4)  cannot discharge the member's duties for a
   2-33  substantial part of the term for which the member is appointed
   2-34  because of illness or disability; or
   2-35              (5)  is absent for more than half of the regularly
   2-36  scheduled board meetings that the member is eligible to attend
   2-37  during a calendar year unless the absences are excused by a
   2-38  majority vote of the board.
   2-39        (b)  The validity of an action of the board is not affected
   2-40  by the fact that it was taken when grounds for removal of a board
   2-41  member existed.
   2-42        (c)  If the executive director of the council has knowledge
   2-43  that a potential ground for removal exists, the executive director
   2-44  shall notify the presiding officer of the board.  The presiding
   2-45  officer shall then notify the appropriate appointing authority of
   2-46  the potential removal and the cause for the potential removal
   2-47  action.
   2-48        (d)  Board members shall be removed by a majority vote of a
   2-49  quorum of board members present at a board meeting.  The presence
   2-50  of a board member who is under consideration for removal is counted
   2-51  in establishing a quorum.
   2-52        (e)  If a board member is removed for cause, the appointing
   2-53  authority shall make a subsequent appointment for the remainder of
   2-54  that board member's term.
   2-55        SECTION 5.  Section 73.003, Human Resources Code, is amended
   2-56  to read as follows:
   2-57        Sec. 73.003.  STRATEGIC <STATE> PLAN.  <(a)>  The council
   2-58  shall develop and implement a strategic <state> plan for a
   2-59  statewide system of early childhood intervention services, as
   2-60  required by Part H, IDEA (Pub. L. No. 103-382) (20 U.S.C. Section
   2-61  1400 et seq.), and its subsequent amendments, to ensure that<:>
   2-62              <(1)>  the provisions of this chapter are properly
   2-63  implemented by the agencies affected<;>
   2-64              <(2)  child and family needs are assessed statewide and
   2-65  all available resources are coordinated to meet those needs;>
   2-66              <(3)  manpower needs are assessed statewide and
   2-67  strategies are developed to meet those needs;>
   2-68              <(4)  incentives are offered for private sources to
   2-69  maintain present commitments and to assist in developing new
   2-70  programs; and>
    3-1              <(5)  a procedure for review of individual complaints
    3-2  about services provided under this chapter is implemented>.
    3-3        <(b)  The council shall make written recommendations for the
    3-4  carrying out of its duties under this chapter.  If the council
    3-5  considers a recommendation that will affect an agency not
    3-6  represented on the council, the council shall seek the advice and
    3-7  assistance of the agency before taking action on the
    3-8  recommendation.  The council's recommendations shall be implemented
    3-9  by the agencies affected by the recommendations.>
   3-10        SECTION 6.  Subsection (b), Section 73.004, Human Resources
   3-11  Code, is amended to read as follows:
   3-12        (b)  The committee shall meet and serve under the rules of
   3-13  the board <council>, but the committee shall elect its own
   3-14  presiding officer <chairperson>.  The committee may be divided into
   3-15  regional committees to assist the council in community-level
   3-16  program planning and implementation.
   3-17        SECTION 7.  Chapter 73, Human Resources Code, is amended by
   3-18  adding Section 73.0041 to read as follows:
   3-19        Sec. 73.0041.  ADVISORY COMMITTEE DUTIES.  The advisory
   3-20  committee established under Section 73.004 shall perform the duties
   3-21  and responsibilities required of an advisory committee under Part
   3-22  H, IDEA (Pub. L. No. 103-382) (20 U.S.C. Section 1400 et seq.), and
   3-23  its subsequent amendments.
   3-24        SECTION 8.  Section 73.005, Human Resources Code, is amended
   3-25  to read as follows:
   3-26        Sec. 73.005.  BOARD POWERS AND DUTIES.  (a)  The board
   3-27  <council> with the advice of the advisory committee shall address
   3-28  contemporary issues affecting intervention services in the state
   3-29  including:
   3-30              (1)  successful intervention strategies;
   3-31              (2)  personnel preparation and continuing education;
   3-32              (3)  screening services;
   3-33              (4)  day or respite care services;
   3-34              (5)  public awareness; and
   3-35              (6)  contemporary research.
   3-36        (b)  The board <council> with the advice of the advisory
   3-37  committee shall advise the legislature on legislation that is
   3-38  needed <to develop further and> to maintain a statewide system of
   3-39  quality intervention services for <all developmentally delayed>
   3-40  children with developmental delay who are under three years of age
   3-41  and the families of those children.  The council may develop and
   3-42  submit legislation to the legislature or comment on pending
   3-43  legislation that affects this population.
   3-44        SECTION 9.  Chapter 73, Human Resources Code, is amended by
   3-45  adding Section 73.0051 to read as follows:
   3-46        Sec. 73.0051.  POWERS AND DUTIES OF COUNCIL.  (a)  The
   3-47  council is the lead agency designated by the governor under Part H,
   3-48  IDEA (Pub. L. No. 103-382) (20 U.S.C. Section 1400 et seq.), and
   3-49  its subsequent amendments, for the administration, supervision, and
   3-50  monitoring of a statewide comprehensive system of early
   3-51  intervention services that will ensure that all infants and
   3-52  toddlers in this state who are below the age of three and have
   3-53  developmental needs or are at risk of developmental delay receive
   3-54  services that are provided in partnership with their families and
   3-55  in the context of their local community.
   3-56        (b)  The council by rule shall provide for compliance with
   3-57  the terms and provisions of applicable federal and state laws in
   3-58  the administration of programs and the delivery of services under
   3-59  this chapter.
   3-60        (c)  The council may enter into, administer, and monitor
   3-61  contracts with providers for programs and projects authorized under
   3-62  this chapter.
   3-63        (d)  The council shall periodically monitor program
   3-64  activities and fiscal performance of the entities funded under this
   3-65  chapter to determine compliance with federal and state requirements
   3-66  and issue reports regarding program monitoring.
   3-67        (e)  The council may apply for and accept gifts, grants, and
   3-68  donations from public and private sources for use in programs
   3-69  authorized under this chapter.  The council shall deposit money
   3-70  received under this section into the state treasury.
    4-1        (f)  The council shall cooperate with the Health and Human
    4-2  Services Commission and other local, state, and federal agencies in
    4-3  the strategic planning, funding, delivery, and monitoring of
    4-4  services authorized under this chapter.
    4-5        (g)  The council shall make periodic reports as required by
    4-6  law to other agencies, the legislature, appropriate committees, the
    4-7  governor, and the Secretary of the United States Department of
    4-8  Education.
    4-9        (h)  The council shall ensure that all programs and council
   4-10  functions are conducted in a nondiscriminatory manner.
   4-11        SECTION 10.  Chapter 73, Human Resources Code, is amended by
   4-12  adding Section 73.0052 to read as follows:
   4-13        Sec. 73.0052.  PERSONNEL MATTERS.  (a)  The board shall
   4-14  provide to its members and to the employees of the council, as
   4-15  often as necessary, information regarding their qualifications
   4-16  under this chapter and their responsibilities under applicable laws
   4-17  relating to standards of conduct for state officers or employees.
   4-18        (b)  The board shall employ an executive director, and the
   4-19  executive director shall establish necessary administrative units,
   4-20  and hire other necessary employees.
   4-21        (c)  Utilizing established standards, the board shall
   4-22  evaluate the performance of the executive director annually.
   4-23        (d)  The executive director or the executive director's
   4-24  designee shall develop an intra-agency career ladder program.
   4-25  Employees will be notified of all available positions.  When
   4-26  appropriate, postings will be made available to council employees
   4-27  before public posting.
   4-28        (e)  The executive director or the executive director's
   4-29  designee shall develop a system of annual performance evaluations
   4-30  based on measurable job tasks.  All merit pay for council employees
   4-31  must be based on the system established under this subsection.
   4-32        (f)  The executive director or the executive director's
   4-33  designee shall prepare and maintain a written policy statement to
   4-34  assure implementation of a program of equal employment opportunity
   4-35  under which all personnel transactions are made without regard to
   4-36  race, color, handicap, sex, religion, age, or national origin.  The
   4-37  policy statement must include:
   4-38              (1)  personnel policies, including policies relating to
   4-39  recruitment, evaluation, selection, appointment, training, and
   4-40  promotion of personnel;
   4-41              (2)  a comprehensive analysis of the agency workforce
   4-42  that meets federal and state guidelines; and
   4-43              (3)  procedures by which a determination can be made of
   4-44  significant underutilization in the council's workforce of all
   4-45  persons for whom federal or state guidelines encourage a more
   4-46  equitable balance and reasonable methods to appropriately address
   4-47  those areas of significant underutilization.
   4-48        (g)  The policy statement prepared under Subsection (f) must:
   4-49              (1)  cover an annual period;
   4-50              (2)  be updated at least annually; and
   4-51              (3)  be filed with the governor.
   4-52        SECTION 11.  Section 73.006, Human Resources Code, is amended
   4-53  to read as follows:
   4-54        Sec. 73.006.  REIMBURSEMENT FOR EXPENSES <AND STAFF SUPPORT>.
   4-55  (a)  Agency representatives on the board and the advisory
   4-56  committee, if any, <council> are entitled to reimbursement for
   4-57  expenses incurred in the performance of their <council> duties by
   4-58  the appointing agencies in accordance with the travel provisions
   4-59  for state employees in the General Appropriations Act.
   4-60        (b)  The lay members of the board <described by Section
   4-61  73.002(a)> and advisory committee <members> are entitled to
   4-62  reimbursement <from the council> for reasonable <actual> and
   4-63  necessary expenses incurred in the performance of board or advisory
   4-64  committee <council> duties, including reimbursement for child care
   4-65  <or attendant care>.
   4-66        (c) <(b)>  The agencies represented on the board <council>
   4-67  shall provide staff support to the council as needed.  The agencies
   4-68  may provide staff support to the committee.
   4-69        (d)  A board or advisory committee member who is disabled,
   4-70  and who, because of the disability, requires attendant care to
    5-1  perform the person's duties, is entitled to reimbursement for the
    5-2  cost of the attendant.
    5-3        <(c)  The council shall select and employ an early childhood
    5-4  intervention administrator and other personnel necessary for the
    5-5  administration of the council's duties.>
    5-6        SECTION 12.  Section 73.007, Human Resources Code, is amended
    5-7  to read as follows:
    5-8        Sec. 73.007.  PUBLIC AWARENESS AND TRAINING.  The council
    5-9  shall develop and implement:
   5-10              (1)  a general public awareness strategy focusing on
   5-11  the importance of prenatal care and early identification
   5-12  <detection> of infants and toddlers with developmental delay and
   5-13  the availability of <state> resources to meet their <the> needs <of
   5-14  developmentally delayed children under six years of age>; and
   5-15              (2)  a statewide plan for conducting <regional>
   5-16  training and technical assistance <sessions> for <public and
   5-17  private> service providers, primary referral sources, and families
   5-18  <who have routine contact> with children under three <six> years of
   5-19  age with <that focuses on methods for early detection of>
   5-20  developmental delay.
   5-21        SECTION 13.  Section 73.008, Human Resources Code, is amended
   5-22  to read as follows:
   5-23        Sec. 73.008.  Early Identification Strategy.  (a)  The
   5-24  council shall develop and implement a statewide strategy for:
   5-25              (1)  the early identification of <developmentally
   5-26  delayed> children under three <six> years of age with developmental
   5-27  delay; and
   5-28              (2)  the coordination of programs with<, utilizing
   5-29  information from> other agencies serving <handicapped> children
   5-30  with developmental delay.
   5-31        (b)  The strategy must include plans to:
   5-32              (1)  incorporate, strengthen, and expand similar
   5-33  existing local efforts;
   5-34              (2)  incorporate and coordinate screening services
   5-35  currently provided through a public agency; and
   5-36              (3)  establish a liaison with primary referral sources,
   5-37  including hospitals, physicians, public health facilities, and
   5-38  day-care facilities, to encourage referrals of <developmentally
   5-39  delayed> children with developmental delay.
   5-40        SECTION 14.  Subsection (a), Section 73.009, Human Resources
   5-41  Code, is amended to read as follows:
   5-42        (a)  The council shall establish policies concerning services
   5-43  described by this section.  A child under three <six> years of age
   5-44  and the child's family may be referred for services described by
   5-45  this section if the child is:
   5-46              (1)  identified as developmentally delayed;
   5-47              (2)  suspected of being developmentally delayed; or
   5-48              (3)  considered at risk of developmental delay <because
   5-49  of certain biological or environmental factors>.
   5-50        SECTION 15.  Section 73.010, Human Resources Code, is amended
   5-51  to read as follows:
   5-52        Sec. 73.010.  Eligibility for Services.  <(a)>  A
   5-53  <developmentally delayed> child is eligible for services under this
   5-54  chapter if the child:
   5-55              (1)  is under three years of age; and
   5-56              (2)  is documented as having developmental delay or has
   5-57  a medically diagnosed physical or mental condition that has a high
   5-58  probability of resulting in developmental delay <has not reached
   5-59  the age of eligibility for entry into the comprehensive special
   5-60  education program for handicapped children under Section 21.501,
   5-61  Education Code; or>
   5-62              <(3)  is under three years of age and is an eligible
   5-63  child authorized under Section 11.052(a) and Section 11.10(o),
   5-64  Education Code.>
   5-65        <(b)  The council may charge fees for services provided under
   5-66  this chapter>.
   5-67        SECTION 16.  Section 73.022, Human Resources Code, is amended
   5-68  to read as follows:
   5-69        Sec. 73.022.  FINANCES.  (a)  The council shall:
   5-70              (1)  ensure compliance with requirements necessary to
    6-1  obtain federal funds in the maximum amount and the most
    6-2  advantageous proportions possible;
    6-3              (2)  apply for, receive, administer, and spend federal
    6-4  and state funds for Part H, IDEA (Pub. L. No. 103-382) (20 U.S.C.
    6-5  Section 1400 et seq.), and its subsequent amendments, dealing with
    6-6  infants and toddlers from birth to age three with developmental
    6-7  delay and their families; and
    6-8              (3)  authorize and account for the classification and
    6-9  spending of maintenance of effort and carryover funds from all
   6-10  sources in carrying out the programs funded under this chapter.
   6-11        (b)  All money paid to the council under this chapter shall
   6-12  be deposited in the state treasury and may be used only for the
   6-13  administration of this chapter.
   6-14        (c)  The financial transactions of the council are subject to
   6-15  audit by the state auditor in accordance with Chapter 321,
   6-16  Government Code.
   6-17        (d)  The executive director shall prepare and submit to the
   6-18  board for approval a biennial budget and request for an
   6-19  appropriation by the legislature of funds necessary to carry out
   6-20  the duties of the council.  The budget and request must include an
   6-21  estimate of all federal funds to be allocated to the state for the
   6-22  performance of the council's duties.
   6-23        (e)  The council shall submit the budget and appropriations
   6-24  request to the Legislative Budget Board and the governor in the
   6-25  manner prescribed by law.
   6-26        (f)  The council shall annually file with the governor and
   6-27  the presiding officer of each house of the legislature a complete
   6-28  and detailed written report accounting for all funds received and
   6-29  disbursed by the council during the preceding year in accordance
   6-30  with the General Appropriations Act <Federally Funded Programs><.
   6-31  (a)  The Central Education Agency may not impose requirements on an
   6-32  early childhood intervention program that receives funds under the
   6-33  Elementary and Secondary Education Act of 1965 (20 U.S.C. Section
   6-34  2701 et seq.) that are not requirements under federal law or under
   6-35  this chapter.>
   6-36        <(b)  The Central Education Agency shall coordinate
   6-37  monitoring required by federal law for early childhood intervention
   6-38  programs with the program monitoring required by this chapter to
   6-39  the extent possible>.
   6-40        SECTION 17.  Chapter 73, Human Resources Code, is amended by
   6-41  adding Section 73.023 to read as follows:
   6-42        Sec. 73.023.  APPLICATION OF SUNSET ACT.  The Interagency
   6-43  Council on Early Childhood Intervention is subject to Chapter 325,
   6-44  Government Code (Texas Sunset Act).  Unless continued in existence
   6-45  as provided by that chapter, the council is abolished on September
   6-46  1, 2003.
   6-47        SECTION 18.  Chapter 73, Human Resources Code, is amended by
   6-48  adding Section 73.024 to read as follows:
   6-49        Sec. 73.024.  OPEN MEETINGS; OPEN RECORDS; ADMINISTRATIVE
   6-50  PROCEDURE.  The board, council, and advisory committee are subject
   6-51  to the requirements of the open meetings law, Chapter 551,
   6-52  Government Code, the open records law, Chapter 552, Government
   6-53  Code, and Chapter 2001, Government Code (Administrative Procedure
   6-54  Act).
   6-55        SECTION 19.  Subchapter F, Chapter 411, Government Code, is
   6-56  amended by adding Section 411.129 to read as follows:
   6-57        Sec. 411.129.  ACCESS TO CRIMINAL HISTORY RECORD
   6-58  INFORMATION:  INTERAGENCY COUNCIL ON EARLY CHILDHOOD INTERVENTION.
   6-59  (a)  The Interagency Council on Early Childhood Intervention is
   6-60  entitled to obtain criminal history record information maintained
   6-61  by the Department of Public Safety of the State of Texas, the
   6-62  Federal Bureau of Investigation identification division, or another
   6-63  law enforcement agency that relates to an employee, applicant for
   6-64  permanent, temporary, or consultative employment, or volunteer
   6-65  positions whose employment or potential employment or volunteer
   6-66  position with the council or a local provider involves the delivery
   6-67  of early childhood intervention services or involves direct
   6-68  interactions with or the opportunity to interact and associate with
   6-69  children.
   6-70        (b)  Criminal history record information obtained by the
    7-1  council under Subsection (a) may not be released or disclosed to
    7-2  any person except on court order, with the consent of the person
    7-3  who is the subject of the criminal history record information, or
    7-4  as provided by Subsection (d).
    7-5        (c)  The council shall destroy criminal history record
    7-6  information that relates to a person after the information is used
    7-7  for its authorized purpose.
    7-8        (d)  The council may provide the applicant, employee,
    7-9  professional consultant, or volunteer with a copy of the person's
   7-10  criminal history record information obtained from the Department of
   7-11  Public Safety of the State of Texas, Federal Bureau of
   7-12  Investigation identification division, or another law enforcement
   7-13  agency.
   7-14        (e)  The failure or refusal to provide a complete set of
   7-15  fingerprints or a complete name on request constitutes good cause
   7-16  for dismissal or refusal to hire, as applicable, with regard to
   7-17  council employees, professional consultants, and applicants for
   7-18  permanent, temporary, or consultative employment, or volunteer
   7-19  positions whose employment or potential employment or volunteer
   7-20  position with the council or a local provider involves the delivery
   7-21  of early childhood intervention services or involves direct
   7-22  interactions with or the opportunity to interact and associate with
   7-23  children.
   7-24        SECTION 20.  Sections 73.011 through 73.021,  Human Resources
   7-25  Code, are repealed.
   7-26        SECTION 21.  This Act takes effect September 1, 1995.
   7-27        SECTION 22.  The importance of this legislation and the
   7-28  crowded condition of the calendars in both houses create an
   7-29  emergency and an imperative public necessity that the
   7-30  constitutional rule requiring bills to be read on three several
   7-31  days in each house be suspended, and this rule is hereby suspended.
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