Establishes the Missouri Disaster Mediation Act and Missouri Stronger Homes Program relating to disasters
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HB 3328 — Establishes the Missouri Disaster Mediation Act and Missouri Stronger Homes Program relating to disasters
Last action — HCS Reported Do Pass (H) - AYES: 9 NOES: 0 PRESENT: 0
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill is in committee in the House. Introduced February 17, 2026. It must pass committee before a floor vote.
Next likely step: a committee vote, then a floor vote in the House.
Prognosis
Where this bill stands today.
Odds of enactment
LowHow often bills like it became law.
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In Committee
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Cleared a recorded vote
Passed 1 recorded vote so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
286 added · 249 removedPlain-language change summary
The updated version of Bill HB 3328 expands the number of sections related to homeowner's insurance from twenty-eight to thirty-one. Significant changes include clarifications on how public adjusters are compensated; they may receive a reasonable fee based on time spent rather than a commission that exceeds a certain percentage of the total insurance settlement. This amendment aims to protect homeowners by ensuring that public adjuster fees are fair and transparent, especially when insurers promptly respond to reported claims.
SECOND REGULAR SESSION HOUSE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.
3328 103RD GENERAL ASSEMBLY INTRODUCED6999H.02C BYJOSEPH REPRESENTATIVEENGLER, CASTEEL.Chief Clerk AN ACT To repeal sections 33.080, 325.055, and 375.991, RSMo, and to enact in lieu thereof thirty- one new sections relating to homeowner's insurance, with penalty provisions.
6999H.01I JOSEPH ENGLER, Chief Clerk AN ACT To repeal sections 33.080, 325.055, and 375.991, RSMo, and to enact in lieu thereof twenty- eight new sections relating to homeowner's insurance, with penalty provisions.
Sections 33.080, 325.055, and 375.991, RSMo, are repealed and twenty-thirty-one eight new sections enacted in lieu thereof, to be known as sections 33.080, 325.052, 325.055, 375.991, 379.135, 379.162, 379.163, 379.3000, 379.3005, 379.3010, 379.3015, 379.3020, 379.3025, 379.3030, 379.3035, 379.3040, 379.3042, 379.3045, 379.3050, 379.3055, 379.3100, 379.3105, 379.3110, 379.3115, 379.3120, 379.3125, 379.3130, 379.3135, 379.3140, 380.661, and 379.3140,380.671, to read as follows:
Any official or any person who shall willfully fail to comply with any of the provisions of this section, and any EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law.
HCS HB 3328 2 person who shall willfully fail to comply with any of the provisions of this section, and any person who shall willfully violate any provision hereof, shall be deemed guilty of a misdemeanor;
Except as otherwise specified in this section, a public adjuster may receive a commission for services provided under this chapter consisting of an hourly fee, a flat rate,fee, or a reasonable percentage of the total amount paid by an insurer to resolve a claim,claim. or another method of compensation.
The total commission received by a public adjuster shall not, in any circumstance, exceed ten percent of the amount of the total of the insurance settlement on the claim.
HB 3328 3 6.
Notwithstanding any authorization, contract, or agreement the insured may have given to a public adjuster, a public adjuster shall not represent himself or herself in HCS HB 3328 3 any communication as the insured.
(1) ActingActingas as a public adjuster, advertise or solicit business by representing they will or can adjust, negotiate, or settle an insurance claim for which the contractor is providing or may provide contracting services, regardless of whether the contractor holds a license under this chapter or is authorized to act on behalf of the insured under a power of attorney or other agreement;
or (2) Advertise,Advertise,market, market, offer, contract, or otherwise represent to unjustifiably increase or inflate the value of an insurance claim or to waive, absorb, refund, rebate, pay, or not collect the deductible amount agreed to under or imposed by the terms of the insurance policy.
HB 3328 4 (1) "Contractor", a person or entity in the business of contracting or offering to contract with the owner of residential, agricultural, or commercial real estate to repair or replace roof systems or to erect, demolish, alter, or repair improvements or to HCS HB 3328 4 perform any other repair, replacement, construction, or reconstruction work on any residential, agricultural, or commercial structure situated upon residential, agricultural, or commercial real estate as a general contractor or a subcontractor;
HB 3328 5 3.
HCS HB 3328 5 (1) "Unbundling", an insurance claim by claiming a number of medical procedures were performed instead of a single comprehensive procedure;
The department may designate representatives, including officials of the state in which the matter HB 3328 6 is located, to inspect the matter on its behalf, and it may respond to similar requests from officials of other states.
HCS HB 3328 6 7.
379.162.379.135.
Upon payment by an insurer of all or any part of a claimant's property damage claim, legal title to the portion of the claim paid shall vest in the insurer to the extent of such payment.
No assignment or other action by the claimant shall be required for the insurer to enforce its legal title.
The claimant shall retain legal title only to that portion of the property damage claim not paid by the insurer.
2.
As used in this section, "assignment agreement" means any instrument by which post-loss benefits under any policy of insurance covering property including, but not limited to, any right of action against the insurer or any proceeds acquired from the insurer are assigned, transferred, or acquired in any other manner, in whole or in part, to or from a person providing services including, but not limited to, communicating with an insurer or on an insured's behalf or inspecting, estimating, protecting, repairing, restoring, or replacing the property or mitigating against further damage to the property.
3.
(1) A person shall not solicit or accept an assignment, in whole or in part, of any post-loss insurance benefit for a property damage under a contract of insurance.
An assignment agreement is against public policy, is null and void, and any contract entered into in violation of this section shall be void and unenforceable;
and (2) The provisions of this subsection shall not apply to:
(a) An assignment, transfer, pledge, or conveyance granted to a financial institution, mortgagee, lienholder, or a subsequent purchaser of the property;
and (b) Any covenant not to execute or contract to limit recovery under section 537.065.
4.
Aviolation of subsection 3 of this section shall not apply to any covenant not to execute or contract to limit recovery under section 537.065.
5.
Nothing in this section shall be construed to prohibit an insured from authorizing or directing payment to, or paying a person for services, materials, or any other thing which may be, or is, covered under an insurance policy.
Insurers shall issue payment directly to a person for services, materials, and other items that are covered under an insurance policy, when the insured agrees that any person providing such services should be paid directly, subject to applicable liens.
HCS HB 3328 7 379.162.
1.
HB 3328 7 3.
For purposes of this section, a roof's age shall be calculated using the last date on which one hundred percent of the roof's surface area was built or replaced or the HCS HB 3328 8 initial date of a partial roof replacement when subsequent partial roof builds or replacements were completed that resulted in one hundred percent of the roof's surface area being built or replaced.
(2) "Residential property insurance policy", a homeowner's insurance, dwelling- owner's insurance, residential fire insurance, condo owner's insurance, or HB 3328 8 manufactured home or mobile homeowner's insurance written upon property within this state;
HCS HB 3328 9 3.
Show all 132 changed lines (92 more)
HB 3328 9 4.
Unless the parties agree to mediate a disputed claim involving a lesser amount, HCS HB 3328 10 a "disputed claim" involves the insured requesting one thousand five hundred dollars or more to settle the dispute, or the difference between the positions of the parties is one thousand five hundred dollars or more.
HB 3328 10 (9) "Residential property insurance policy or policies", a homeowner's insurance, dwelling-owner's insurance, residential fire insurance, condo owner's insurance, manufactured home or mobile homeowner's insurance, tenant's or renter's insurance, or any other contract of insurance covering owner-occupied single-family habitational property.
HCS HB 3328 11 (1) If the insurer has not been notified of a disputed claim before the time an insurer notifies the insured that a claim has been denied in whole or in part, the insurer shall mail a notice of the right to mediate to the insured in the same mailing as the notice of denial;
IF YOU HB 3328 11 HAVE A PUBLIC ADJUSTER OR AN ATTORNEY, YOU WILL HAVE TO PAY THOSE COSTS.".
If an insured requests mediation before receipt of the notice of the right to mediate or if the date of the notice cannot be established, the insurer shall be notified by the administrator of the existence of the dispute before the administrator HCS HB 3328 12 processes the insured's request for mediation.
The failure to request mediation within this time period shall only bar the right to demand mediationmediation. and to seek extracontractual damages under sections 537.058 and 537.065.
A qualified administrator may also be selected by the director without a formal bid process if a state of emergency HB 3328 12 has been declared pursuant to section 44.100.
The director shall establish fee schedules for moniesmoneys to be paid directly to the administrator by the insurer for the services of the administrator, the mediator, and for timely and untimely mediation cancellations.
HCS HB 3328 13 379.3030.
If the grounds for disqualification are known before the mediation HB 3328 13 conference, the request to disqualify a mediator shall be directed to the administrator.
HCS HB 3328 14 4.
HB 3328 14 379.3050.
No admission, representation, statement, or other confidential communication made in setting up or conducting the HCS HB 3328 15 mediation conference not otherwise discoverable or obtainable shall be admissible as evidence nor shall it be subject to discovery.
HB 3328 15 3.
For purposes of sections 379.3100 to 379.3040,379.3140, except where otherwise provided, the following terms mean:
(3) "Homeowner's"Eligible policy",property", a homeowner'sresidential, insurancesingle-family, policy,owner-occupied a dwelling owner's insurance policy, or a residential fire insurance policy covering real property within this state.state;
HCS HB 3328 16 (4) "Homeowner's policy", a homeowner's insurance policy, a dwelling owner's insurance policy, or a residential fire insurance policy covering real property within this state.
(4)(5) "Insurable"Insured", property",the anamed residential,insured single-family,under owner-occupieda realresidential property withininsurance thispolicy; state.
"Insurable(6) property""Insurer", shallall excludeinsurance mobilecompanies, homes;reciprocals, and interinsurance exchanges licensed under chapters 379 and 380, and the property insurance inspection and placement program (the "FAIR" Plan), issuing and renewing residential property insurance policies;
(5)(7) "Insurance"Program", Institute for Business and Home Safety" or "IBHS", a nonprofit organization that conducts objective, scientific research to identify and promote the mostMissouri effectivestronger wayshomes toprogram strengthencreated homes,under businesses,section and379.3110; communities against natural disasters;
(6)(8) "Insured","Residential theproperty namedowner", insuredany underindividual aperson residentialwho holds legal title to real property insurancethat policy;has been improved by a dwelling structure intended for residential, single-family occupancy;
(7)(9) "Insurer","Risk allreduction insurancestandards", companies,guidelines reciprocals, and interinsurancetechnical exchangesspecifications licenseddesigned underto chaptersminimize 379 and 380, and the propertylikelihood insuranceor inspectionimpact andof placementwind program (the "FAIR" Plan), issuing and renewinghail residentialweather propertyevents. insurance policies;
(8)"Risk "Program",reduction standards" include, but are not limited to, the Missouriuse strongerof homesdesignated programconstruction createdmaterials underand sectionproducts 379.3110;which demonstrate enhanced resistance to wind or hail, in addition to the utilization of certain design, engineering, inspection, installation methods, and other maintenance protocols necessary to ensure the proper performance of materials and products.
(9) "Residential property owner", any individual person who holds legal title to real property that has been improved by a dwelling structure intended for residential, single-family occupancy.
HB 3328 16 3.
Grant moneys shall be provided under sections 379.3100 to 379.3140 to assist Missouri residents in retrofitting and constructing insurableeligible properties to resist loss due to tornado, other catastrophic windstorm events, or hail.
The program shall apply for financial grants to construct or retrofit insurableeligible property to resist damage due to a tornado, other catastrophic windstorm events, or hail as prescribed in section 379.3135.
HCS HB 3328 17 6.
The program may also make grants or funding available to nonprofit entities for projects to construct or retrofit insurableeligible properties to resist loss due to tornado, other catastrophic windstorm events, or hail if such grants or funding to nonprofit entities are allowable under Missouri law.
All mitigation efforts shall be based upon the securing of all required local permits and applicable inspections in keeping with local building codes and the IBHSrisk Fortifiedreduction Homesstandards Program.of this program.
HB 3328 17 3.
HCS HB 3328 18 5.
(1) The insurableeligible property shall be located within this state and shall be the primary residence of the applicant, or, if new construction, the construction shall be located within this state and the applicant shall provide other documentation to demonstrate qualification for the grant, as specified by rules promulgated by the director;
(2) The insurableeligible property to be mitigated shall be an owner-occupied, single- family, primary residence and cannot be a condominium, multifamily dwelling, or a mobile home;
(3) The insurableeligible property shall be in a livable condition, safe for habitation or use, and otherwise eligible for a certificate of residential occupancy, unless damaged by a tornado, other catastrophic windstorm event, or hail;
HB 3328 18 (4) The grant funds cannot be used for general maintenance or repairs,repairs to the eligible property, but may be used in conjunction with repairs or reconstruction necessitated by damages from a tornado or other catastrophic windstorm event or hail;
(5) A certified IBHS evaluator shall prequalify the insurableeligible property as mitigable and identify all improvements required to achieve IBHSthe FORTIFIEDrisk Roof,reduction FORTIFIEDstandards Silver, FORTIFIED Gold, or successor designation, or similar standard approved by the director.
The residential property owner shall select the evaluator from a list provided by the programdirector and shall pay the evaluator's fee;
(6) The residential property owner shall obtain bids from at least three IBHS- certified contractors approved by the program;director;
(7) The residential property owner shall construct or retrofit the home to the IBHS FORTIFIED Roof, FORTIFIED Silver, FORTIFIED Gold, or successor designation, or similar standard approved by the director,director; which shall include the hail supplement;
HCS HB 3328 19 (8) The residential property owner shall provide proof of an active, in-force homeowner's policy insuring against wind and hail damage to the home, unless good cause is demonstrated by the applicant;
and (9) If the insurableeligible property is in a special flood hazard area, the residential property owner shall provide proof of an in-force flood insurance policy.
Grants to residential property owners shall be used to construct or retrofit an insurableeligible property to resist loss due to a tornado or other catastrophic windstorm event or hail as prescribed in the FORTIFIEDrisk Homereduction Highstandards Wind and Hail Standards, as may from time to time be adopted by the IBHS.director.
HB 3328 19 6.
Grant funds shall only be paid after a certificate has been issued for the fortifiedeligible property meeting the risk reduction standard approved by the director.
Applications shall be accepted on a first-come, first-served basis within each income tier established by the director, with priority given to lower-income applicants, applicants who live in locations that, based on historical data, have a higher susceptibility to catastrophic weather events, and applicants meeting any other criteria the director determines isare appropriate to meet the purpose of the program.
HCS HB 3328 20 379.3125.
UnderA the program, a residential property owner shall hire ana IBHS-certifiedcertified contractor who is capable of performing work that satisfies the standards prescribed by this act and the rules adopted thereto.
To be eligible to work on a project funded by the stronger homes program as a contractor, a contractor shall meet all program requirements including, but not limited to, maintaining a current copy of all applicable certificates, licenses, and proof of insurance coverages with the department.
(6) HoldSuccessfully anregister activeas IBHSa FORTIFIEDvendor Roof Contractor Certification or FORTIFIEDsupplier Professional Certification, and be responsible for paying all fees associated with certificationthe andoffice training;of administration;
HB 3328 20 (7) SuccessfullyMaintain registeraccurate ascontact ainformation vendor or supplier with the officeMissouri ofstronger administration;homes program;
(8) MaintainAgree accurateto contactfollow informationall withprocedures theand Missourirules strongeras homesprescribed program;by the director;
(9) AgreeNot tohave followa allfinancial proceduresinterest andin rulesany asproject prescribedfunded by the director;Missouri stronger homes program for which the contractor performs work other than receiving payment on behalf of the residential property owner from the program and shall report to the program any potential conflicts of interest before work commences;
(10) Not havebe aan financialevaluator interestfor in any project funded by the Missouriprogram; stronger homes program for which the contractor performs work other than receiving payment on behalf of the residential property owner from the program and shall report to the program any potential conflicts of interest before work commences;
and (11) NotAny beother anrequirements evaluatoras forspecified anyby projectthe fundeddirector by therule. program.
To be eligible to work on a project funded by the stronger homes program as an evaluator, the evaluator shall meet all program requirements including, but not limited to, the following:
(2)HCS BeingHB in3328 good21 standing(2) withAgreeing IBHSto andfollow maintainingthe anprogram's activeprocedures IBHSand certificationrules as aprescribed FORTIFIEDby Homethe Evaluator.director;
The(3) evaluatorMaintaining shallaccurate becontact responsibleinformation for paying all fees associated with certificationthe andprogram; training;
(3)(4) AgreeingNot tohaving followany thefinancial program'sinterest proceduresin andany rulesproject asthat prescribedthe byevaluator inspects for designation purposes for the director;stronger homes program;
(4)(5) MaintainingNot accuratebeing contacta informationcontractor withor supplier of any materials or products or systems installed in any home the evaluator inspects for designation purposes for the stronger homes program;
(5)(6) Not havingbeing anya financialsales interestagent inor anyrealtor projectfor thatany thehome evaluatorbeing inspectsdesignated for designationthe purposesstronger relatedhomes to the program;
(6)(7) NotInforming beingthe aprogram contractor or supplier of any materialspotential orconflicts productsof orinterest; systems installed in any home the evaluator inspects for designation purposes for the program;
(7)and Not(8) beingAny aother salesrequirements agentas orspecified realtorby forthe anydirector homeby beingrule. designated for the program;
and (8) Informing the program of any potential conflicts of interest.
A premium discount or rate reduction shall be available under the terms specified in this section to any insured who retrofits the insurableeligible property located in this state to resist loss due to tornado, other catastrophic windstorm events, or hail.
Insurers shall be required to offer a premium discount or rate reduction only when the insurer has deemed the adjustments to be actuarially justified and there is HB 3328 21 sufficient and credible evidence of cost savings, which can be attributed to the construction standards set forth in this section.
To obtain the premium discount, rate reduction, or other adjustment provided in this section, an eligible property shall be retrofitted to the risk reduction standards adopted by the director.
An eligible property shall be certified as conforming to the risk reduction standards only after evaluation and certification by an evaluator as specified in section 379.3130.
ToAn obtaininsured theclaiming a premium discount, rate reduction, or other adjustment providedunder in this section,section anshall insurablemaintain propertysufficient shallcertification berecords retrofittedand toconstruction records for the FORTIFIEDeligible Homeproperty, Highincluding, Windbut andnot Haillimited Standards,to, asa maycertification fromof timecompliance towith timethe berisk reduction standards adopted by the IBHS.director, receipts from contractors, and receipts for materials.
AnCopies insurableof propertythe shallcertification beand certifiedconstruction asrecords conformingshall tobe FORTIFIEDpresented Hometo Highthe Windinsurer andor Hailpotential Standardsinsurer onlyof afteran evaluationeligible andproperty certificationbefore bythe anpremium evaluatordiscount, certifiedrate pursuantreduction, toor theother FORTIFIEDadjustment Homebecomes Higheffective Windfor andthe Haileligible Standards.property.
HCS HB 3328 22 6.
An insured claiming a premium discount, rate reduction, or other adjustment under this section shall maintain sufficient certification records and construction records for the insurable property, including, but not limited to, a certification of compliance with the FORTIFIED Home High Wind and Hail Standards as provided in this section, receipts from contractors, and receipts for materials.
Copies of the certification and construction records shall be presented to the insurer or potential insurer of an insurable property before the premium discount, rate reduction, or other adjustment becomes effective for the insurable property.
7.
A premium discount, rate reduction, or other adjustment shall apply only to the premium representative of wind or hail damage to insurableeligible property.
8.7.
8.
If an insurer already offers an actuarially justified discount for meeting risk reduction standards, that discount shall be deemed as having met the requirements of this act as it pertains to wind-related discounts or rate reductions and no additional wind-related discount or rate reduction shall be required.
If an insurer already offers an actuarially justified discount for meeting IBHS FORTIFIED Home Standards, that discount shall be deemed as having met the requirements of this act as it pertains to wind-related discounts or rate reductions and no additional wind-related discount or rate reduction shall be required.
10.
At the time of a policy renewal for which a premium discount, rate reduction, or other adjustment has previously been made, the insurer HB 3328 22 may request documentation or recertification that the FORTIFIEDrisk Homereduction Standardsstandards as described in this section continue to be met.
11.10.
In addition to the requirements of this section, an insurer may voluntarily offer any other mitigation adjustmentadjustments that the insurer deems appropriate.
The director may promulgate all necessary rules and regulations for the administration of sections 379.3100 to 379.3140, includingincluding, anybut not limited to, establishing the risk reduction standards, specifying instructions or requirements on grants and funds received by the department.department and establishing other requirements relating to eligibility and certifications.
HCS HB 3328 23 380.661.
Any company operating under the provisions of sections 380.011 to 380.151 and sections 380.201 to 380.611 shall comply with the provisions of sections 379.3000 to 379.3055.
380.671.
1.
Any company operating under the provisions of sections 380.011 to 380.151 and sections 380.201 to 380.611 may develop programs eligible for financial grants under the provisions of sections 379.3100 to 379.3140.
2.
Any company operating under the provisions of sections 380.011 to 380.151 and sections 380.201 to 380.611 shall not be required to submit rating plans under section 379.321, or otherwise submit actuarial justifications substantiating any discount or rate associated with the program described in sections 379.3100 to 379.3140.
Show all 132 changed rows (92 more)
View plain text versions (2)
- Committee Substitute House Committee Substitute Current pdf
- Introduced View text pdf
Action History
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HCS Reported Do Pass (H) - AYES: 9 NOES: 0 PRESENT: 0
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HCS Voted Do Pass (H)
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Executive Session Completed (H)
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Public Hearing Completed (H)
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Referred: Insurance(H)
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Read Second Time (H)
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Introduced and Read First Time (H)
Sponsors
- David Casteel · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 198 not signed on
Sponsors (1)
- David Casteel Republican
Co-sponsors (0)
None.
Not signed on (198)
198 members have not signed on to this bill.
Show all 198 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- Who sponsors HB 3328?
- HB 3328 is sponsored by David Casteel (Republican).
- What is the current status of HB 3328?
- This bill is in committee in the House. Introduced February 17, 2026. It must pass committee before a floor vote.
- Where can I track HB 3328?
- Track HB 3328 free on One Click Politics — get push/email alerts when it moves.
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