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First Substitute S.B. 238
Senator Terry R. Spencer proposes to substitute the following bill:
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PERSONNEL MANAGEMENT ACT AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Terry R. Spencer
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AN ACT RELATING TO STATE OFFICERS AND EMPLOYEES; OUTLINING PRINCIPLES
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GOVERNING THE CAREER SERVICE SYSTEM; AMENDING PROVISIONS FOR
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VOLUNTARY ACCEPTANCE OF LOWER POSITIONS AND DISMISSALS AND
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DEMOTIONS; REDEFINING MERIT STEP INCREMENTS; MODIFYING SALARY RANGE
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REQUIREMENTS FOR CERTAIN PROMOTIONS AND RECLASSIFICATIONS; MAKING
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TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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67-19-12, as last amended by Chapters 10, 202 and 213, Laws of Utah 1997
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67-19-15.7, as last amended by Chapter 213, Laws of Utah 1997
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ENACTS:
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67-19-3.1, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
67-19-3.1
is enacted to read:
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67-19-3.1. Principles governing interpretation of act and adoption of rules.
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(1) The department shall establish a career service system designed in a manner that will
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provide for the effective implementation, by agencies, of the following merit principles:
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(a) recruiting, selecting, and advancing employees on the basis of their relative ability,
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knowledge, and skills, including open consideration of qualified applicants for initial appointment;
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(b) providing for equitable and competitive compensation;
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(c) training employees as needed to assure high-quality performance;
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(d) retaining employees on the basis of the adequacy of their performance and separating
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employees whose inadequate performance cannot be corrected;
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(e) fair treatment of applicants and employees in all aspects of personnel administration
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without regard to race, color, religion, sex, national origin, political affiliation, age, or disability,
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and with proper regard for their privacy and constitutional rights as citizens;
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(f) providing information to employees regarding their political rights and the prohibited
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practices under the Hatch Act; and
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(g) providing a formal procedure for processing the appeals and grievances of employees
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without discrimination, coercion, restraint, or reprisal.
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(2) The principles in Subsection (1) shall govern interpretation and implementation of this
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chapter.
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Section 2.
Section
67-19-12
is amended to read:
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67-19-12. State pay plans -- Applicability of section -- Exemptions from section --
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Duties of director.
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(1) (a) This section, and the rules adopted by the department to implement this section,
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apply to each career and noncareer state employee not specifically exempted under Subsection (2).
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(b) If not exempted under Subsection (2), a state employee is considered to be in classified
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service.
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(2) The following state employees are exempt from this section:
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(a) members of the Legislature and legislative employees;
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(b) members of the judiciary and judicial employees;
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(c) elected members of the executive branch and their direct staff who meet career service
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exempt criteria as defined in Subsection
67-19-15
(1)(k);
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(d) certificated employees of the State Board of Education;
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(e) officers, faculty, and other employees of state institutions of higher education;
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(f) employees in any position that is determined by statute to be exempt from this
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Subsection (2);
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(g) attorneys in the Office of the Attorney General;
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(h) department heads and other persons appointed by the governor pursuant to statute;
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(i) employees of the Department of Community and Economic Development whose
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positions are designated as executive/professional positions by the executive director of the
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Department of Community and Economic Development with the concurrence of the director; and
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(j) employees of the Medical Education Council.
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(3) (a) The director shall prepare, maintain, and revise a position classification plan for
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each employee position not exempted under Subsection (2) to provide equal pay for equal work.
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(b) Classification of positions shall be based upon similarity of duties performed and
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responsibilities assumed, so that the same job requirements and the same salary range may be
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applied equitably to each position in the same class.
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(c) The director shall allocate or reallocate the position of each employee in classified
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service to one of the classes in the classification plan.
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(d) (i) The department shall conduct periodic studies and desk audits to provide that the
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classification plan remains reasonably current and reflects the duties and responsibilities assigned
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to and performed by employees.
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(ii) The director shall determine the schedule for studies and desk audits after considering
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factors such as changes in duties and responsibilities of positions or agency reorganizations.
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(4) (a) With the approval of the governor, the director shall develop and adopt pay plans
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for each position in classified service.
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(b) The director shall design each pay plan to achieve, to the degree that funds permit,
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comparability of state salary ranges to salary ranges used by private enterprise and other public
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employment for similar work.
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(c) The director shall adhere to the following in developing each pay plan:
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(i) Each pay plan shall consist of sufficient salary ranges to permit adequate salary
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differential among the various classes of positions in the classification plan.
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(ii) The director shall assign each class of positions in the classification plan to a salary
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range and shall set the width of the salary range to reflect the normal growth and productivity
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potential of employees in that class. The width of the ranges need not be uniform for all classes
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of positions in the plan, but each range shall contain merit steps in increments of [2.75%] 3%
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salary increases.
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(iii) The director shall issue rules for the administration of pay plans. The rules may
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provide for exceptional performance increases and for a program of incentive awards for
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cost-saving suggestions and other commendable acts of employees. The director shall issue rules
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providing for salary adjustments.
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(iv) Merit step increases shall be granted, if funds are available, to employees who receive
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a rating of "successful" or higher in an annual evaluation of their productivity and performance.
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(v) By October 15 of each year, the director shall submit market comparability adjustments
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to the state budget officer for consideration to be included as part of the affected agency's base
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budgets.
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(vi) By October 31 of each year, the director shall recommend a compensation package
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to the governor.
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(vii) Adjustments shall incorporate the results of a total compensation market survey of
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salary ranges and benefits of a reasonable cross section of comparable benchmark positions in
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private and public employment in the state. The survey may also study comparable unusual
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positions requiring recruitment outside Utah in the surrounding western states. The director may
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cooperate with other public and private employers in conducting the survey.
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(viii) The director shall establish criteria to assure the adequacy and accuracy of the survey
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and shall use methods and techniques similar to and consistent with those used in private sector
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surveys. Except as provided under Section
67-19-12.3
, the survey shall include a reasonable cross
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section of employers. The director may cooperate with or participate in any survey conducted by
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other public and private employers.
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(ix) The establishing of a salary range is a nondelegable activity subject to Subsection
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67-19-8
(1) and is not appealable under the grievance procedures of Sections
67-19-30
through
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67-19-32
, Title 67, Chapter 19a, Grievance and Appeal Procedures, or otherwise.
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(x) The governor shall:
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(A) consider salary adjustments recommended under Subsection (4)(c)(vi) in preparing
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the executive budget and shall recommend the method of distributing the adjustments;
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(B) submit compensation recommendations to the Legislature; and
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(C) support the recommendation with schedules indicating the cost to individual
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departments and the source of funds.
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(xi) If funding is approved by the Legislature in a general appropriations act, the
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adjustments take effect on the July 1 following the enactment.
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(5) (a) The director shall regularly evaluate the total compensation program of state
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employees in the classified service.
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(b) The department shall determine if employee benefits are comparable to those offered
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by other private and public employers using information from:
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(i) the most recent edition of the Employee Benefits Survey Data conducted by the U.S.
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Chamber of Commerce Research Center; or
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(ii) the most recent edition of a nationally recognized benefits survey.
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(6) (a) The director shall submit proposals for a state employee compensation plan to the
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governor by October 31 of each year, setting forth findings and recommendations affecting state
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employee compensation.
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(b) The governor shall consider the director's proposals in preparing budget
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recommendations for the Legislature.
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(c) The governor's budget proposals to the Legislature shall include a specific
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recommendation on state employee compensation.
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Section 3.
Section
67-19-15.7
is amended to read:
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67-19-15.7. Promotion -- Reclassification -- Market adjustment.
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(1) (a) Each employee who is promoted or whose position is reclassified to the next higher
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salary range shall be placed at the merit step within the new range corresponding to a salary
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increase of between [2.75%] 3% and [11%] 12%.
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(b) The employee may not be placed higher than the highest merit step in the new salary
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range.
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(2) (a) Each employee who is promoted or whose position is reclassified to a salary range
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higher than the next higher range shall be placed at the merit step within the new range
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corresponding to a salary increase of between [5.5%] 6% and [11%] 12%.
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(b) The employee may not be placed lower than the lowest merit step in the new salary
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range.
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[(3) Each employee who voluntarily accepts a position in the next lower salary range shall
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be placed at the merit step within the new range corresponding to a salary decrease of 2.75% or
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as close to 2.75% as possible. The employee may not be placed lower than the lowest merit step
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in the new salary range.]
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[(4) Each employee who voluntarily accepts a position in a salary range lower than the
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next lower range shall be placed at the merit step within the new range corresponding to a salary
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decrease of 5.5% or as close to 5.5% as possible. The employee may not be placed higher than the
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highest merit step in the new salary range.]
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[(5)] (3) (a) Each employee whose salary range is approved by the Legislature for a
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selective salary adjustment consistent with Subsection
67-19-12
(4)(c)(viii) shall be adjusted to the
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new range at the beginning of the next fiscal year.
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(b) Employees shall be placed at the step value on the new range consistent with the
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appropriation authorized by the Legislature.
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[(6)] (4) (a) Department-initiated revisions in the state classification system that result in
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consolidation or reduction of class titles or broadening of pay ranges may not be regarded as a
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reclassification of the position or promotion of the employee.
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(b) These revisions are exempt from the provisions of Subsections (1) and (2).
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Section 4. Effective date.
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This act takes effect on July 1, 2001.
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