2026 -- H 8013 | |
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LC004800 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- MOBILE AND MANUFACTURED | |
HOMES | |
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Introduced By: Representatives Speakman, and Cortvriend | |
Date Introduced: February 27, 2026 | |
Referred To: House Municipal Government & Housing | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 31-44-1, 31-44-1.4 and 31-44-3.1 of the General Laws in Chapter |
2 | 31-44 entitled "Mobile and Manufactured Homes" are hereby amended to read as follows: |
3 | 31-44-1. Definitions. |
4 | As used in this chapter: |
5 | (1) “Department” means the department of business regulation. |
6 | (2) “Director” means the director of the department of business regulation. |
7 | (3) “Entry requirements” means any written, nondiscriminatory criteria for resident |
8 | selection incorporated into the rules and regulations of a mobile- and manufactured-home park |
9 | which are equally applied by the licensee to all purchasers and prospective residents. |
10 | (4) “Executive office of housing” means the office within the executive branch of state |
11 | government established pursuant to the provisions of § 42-167-1. |
12 | (4)(5) “Fee schedule” means an itemized list of fees for goods or services sold or performed |
13 | by a mobile- and manufactured-home park licensee including, but not limited to, the entrance fee, |
14 | hook-up fee, and maintenance fee, if any. |
15 | (5)(6) “Hook-up fee” means a reasonable fee for the services required to install a mobile |
16 | and manufactured home on a mobile- and manufactured-home space or lot. The charge shall include |
17 | the cost of connecting water and sewer lines, electrical connections, tie-downs, removal of wheels |
18 | or axles, steps, if necessary, and other necessary services, including, but not limited to, the creation |
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1 | of new pads or piers. |
2 | (6)(7) “Household” means one or more persons occupying a housing unit. |
3 | (7)(8) “Licensee” means any person or agent licensed under § 31-44-1.6 who is directly or |
4 | indirectly engaged in the business of selling mobile and manufactured homes or who operates and |
5 | maintains a mobile- and manufactured-home park under the provisions of this chapter. |
6 | (8)(9) “Mobile and manufactured home” means a detached residential unit designed: |
7 | (i) For a long term occupancy and containing sleeping accommodations, a flush toilet, and |
8 | a tub or shower bath and kitchen facilities, and having both permanent plumbing and electrical |
9 | connections for attachment to outside systems; |
10 | (ii) To be transported on its own wheels or on a flatbed or other trailer or detachable wheels; |
11 | and |
12 | (iii) To be placed on pads, piers, or tied down, at the site where it is to be occupied as a |
13 | residence complete and ready for occupancy, except for minor and incidental unpacking and |
14 | assembly operations and connection to utilities systems. |
15 | (9)(10) “Mobile- and manufactured-home park” or “park” means a plot of ground upon |
16 | which four (4) or more mobile and manufactured homes, occupied for residential purposes are |
17 | located. |
18 | (10)(11) “Mobile- and manufactured-home space or lot” means a plot of ground within a |
19 | mobile- and manufactured-home park designed for the accommodation of one mobile and |
20 | manufactured home. |
21 | (11)(12) “Owner” means a licensee or permittee or any person who owns, operates, or |
22 | maintains a mobile- and manufactured-home park. |
23 | (12)(13) “Prospective resident” means an applicant for admission to a mobile- and |
24 | manufactured-home park who is ready, willing, and able to buy a mobile and manufactured home |
25 | owned and offered for sale by a licensee or resident, and who is able to meet the entrance |
26 | requirements of the rules of the park. |
27 | (13)(14) “Protected lawful action” means any report of a violation of this chapter, or of any |
28 | applicable building or health code, or any other justified complaint to a governmental authority, or |
29 | any other justified lawful act by the resident(s) or prospective resident(s). |
30 | (14)(15) “Qualified sale” means the sale of a mobile- and manufactured-home park to a |
31 | resident organization with the goal of resident ownership by at least fifty-one percent (51%) of the |
32 | homeowner households residing in the park. |
33 | (15)(16) “Reprisal” means any act taken against the resident(s) which is intended as a |
34 | penalty for any protected lawful action taken by the resident(s). |
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1 | (16)(17) “Resident” means an owner or renter occupying a mobile and manufactured home |
2 | in a mobile- and manufactured-home park with the consent of the owner as defined in subdivision |
3 | (11) of this section. |
4 | (17)(18) “Resident organization” means a group of mobile- and manufactured-home park |
5 | residents who have formed a nonprofit corporation, cooperative corporation, or other entity or |
6 | organization for the purpose of acquiring the mobile home park in which they reside and converting |
7 | the mobile home park to resident ownership. |
8 | (18)(19) “Resident ownership” means, depending on the context, either the ownership, by |
9 | a resident organization, as defined in this section, of an interest in a mobile- and manufactured- |
10 | home park which entitles the resident organization to control the operations of the mobile home |
11 | park, or the ownership of individual interests in a mobile home park, or both. |
12 | (20) “Secretary” means the secretary of housing appointed pursuant to the provisions of § |
13 | 42-167-4. |
14 | (19)(21) “Security deposit” means a sum not to exceed the monthly rental which a licensee |
15 | may require a resident of a rented mobile or manufactured home to deposit as security in case of |
16 | damage caused by the resident in excess of ordinary wear and tear. |
17 | (20)(22) “Standards for mobile and manufactured homes” means any written, |
18 | nondiscriminatory minimum specifications for structural soundness, safety, and habitability |
19 | adopted by the department or any other government agency. |
20 | 31-44-1.4. Powers and duties of department Powers and duties of department and |
21 | secretary. |
22 | (a) The department may: |
23 | (1) Interpret and implement in collaboration with the secretary of housing, the provisions |
24 | of this chapter and the applicable provisions of chapter 44.1 of this title; |
25 | (2) Act for the purpose of promoting a uniform policy relating to all phases of mobile and |
26 | manufactured home business and use; |
27 | (3) Monitor and determine the sufficiency of the state Mobile and Manufactured Home Act |
28 | under this chapter as well as local mobile and manufactured home ordinances which are designed |
29 | to provide local governments with superintending control over mobile and manufactured home |
30 | business or use and to make recommendations to it; and |
31 | (4) Conduct public hearings relating to these advisory responsibilities. |
32 | (b) The department shall: |
33 | (1) Monitor the implementation of statutes and regulations affecting mobile and |
34 | manufactured homes; |
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1 | (2) Make investigations and conduct or authorize periodic surveys to determine compliance |
2 | with this chapter; |
3 | (3) All departments of state government are authorized to provide assistance to the |
4 | department as the department requires; |
5 | (4) Conduct a public education program to improve public perception and local acceptance |
6 | of mobile and manufactured homes and to promote them as affordable housing; and |
7 | (5) Study additional issues related to mobile and manufactured homes and periodically |
8 | disseminate acquired information. |
9 | (6) Assist as requested by the secretary in the enforcement of the provisions of § 31-44- |
10 | 3.1. |
11 | (c) The secretary shall, pursuant to the powers and duties enumerated in § 42-167-5 in |
12 | collaboration with the department, carry out the purpose of the executive office of housing as |
13 | specified in § 42-167-2 to implement and enforce the provisions of this chapter. |
14 | 31-44-3.1. Sale of mobile home parks — Tenants association right of first refusal. |
15 | (a) In any instance in which a mobile home park owner has been sent a certified letter from |
16 | an incorporated home owner households association indicating that the association has at least fifty- |
17 | one percent (51%) of the home owner households residing within that park as members, and has |
18 | articles of incorporation specifying all rights and powers, including the power to negotiate for, |
19 | acquire, and operate the mobile home park on behalf of the member residents, then, before Before |
20 | a mobile home park may be sold for any purpose and before it may be leased for any purpose that |
21 | would result in a discontinuance, the park owner shall notify the association each owner of a mobile |
22 | home in the mobile home park and the executive office of housing established pursuant to the |
23 | provisions of § 42-16.7-1, by certified mail return receipt requested of any bona fide offer that the |
24 | owner intends to accept, to buy the park or to lease it for a use that would result in a discontinuance. |
25 | The park owner shall not make a final unconditional acceptance of an offer for the sale of the mobile |
26 | home park, or for the lease for a use that would result in a discontinuance, earlier than the forty- |
27 | five (45) days after the notice required by this subsection is mailed in accordance with this |
28 | subsection and received by the executive office of housing. The park owner shall also give notice |
29 | by certified mail return receipt requested to the incorporated homeowners’ association each owner |
30 | of a mobile home in the mobile home park and executive office of housing of any intention to sell |
31 | or lease the park for a use which will result in a discontinuance within fourteen (14) days of any |
32 | advertisement or other public notice by the park owner or his or her agent that the park is for sale |
33 | or the land upon which the park is located is for lease. Nothing in this section shall limit the |
34 | association from acting as an agent of the residents in any other cause of action, objective or purpose |
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1 | in advancing a stated purpose in the articles of incorporation of the homeowners’ association. |
2 | (b) The notice of pending bona fide sale from the park owner must shall contain at a |
3 | minimum the following: if known and available and applicable to the sale: |
4 | (1) An affidavit from the buyer or lessee stating the offered purchase price or offered lease |
5 | payment; |
6 | (1) A statement that a group of mobile home owners or a mobile home owners’ association |
7 | of the mobile home park has a right to purchase the mobile home park, and may make an offer to |
8 | purchase the mobile home park within forty five (45) days of when the notice containing |
9 | information required by this subsection is mailed in accordance with this subsection and received |
10 | by the executive office of housing; |
11 | (2) The price, terms and conditions of any acceptable offer the owner of the mobile home |
12 | park has received for the mobile home park, including a signed copy of the written offer or purchase |
13 | and sale agreement that contains a description of the property. The park owner may redact the |
14 | name, address, contact information or other identifying information of the party making the offer. |
15 | If an owner of a mobile home park intends to accept an offer to purchase the mobile home park and |
16 | the mobile home park is to be included in an investment portfolio by the purchaser, the price, terms |
17 | and conditions specific to the mobile home park shall be specified in the notice required by this |
18 | subsection. |
19 | (3) The notice of pending bona fide sale from the park owner shall contain the following if |
20 | known and available and applicable to the sale: |
21 | (2)(i) The terms of seller financing, including the amount, the interest rate and its |
22 | amortization rate; |
23 | (3)(ii) The terms of assumable financing, if any, including the amount, the interest rate and |
24 | its amortization rate; |
25 | (4)(iii) The legal description and a statement of appraised or assessed value of property |
26 | included in any land trade involved in the sale of the park; |
27 | (5)(iv) Proposed improvements to the property to be made by the park owner in connection |
28 | with the sale, or other economic concessions by the park owner in connection with the sale, if any; |
29 | (6)(v) A statement that the park owner will allow reasonable access to the property by |
30 | parties involved in the potential purchase including, but not limited to, the tenants’ association, the |
31 | group of mobile home owners or the mobile home owners’ association consultants, legal |
32 | representatives or advisors, and lenders; |
33 | (7)(vi) A statement that the park owner will shall make available to the residents group of |
34 | mobile home owners or the mobile home owners’ association copies of any easements either on or |
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1 | off the property to which the park owner is a party and copies of all permits or licenses in force |
2 | within seven (7) days of a signed purchase and sale agreement with the residents group of mobile |
3 | home owners or the mobile home owners’ association; |
4 | (8)(vii) A statement that the park owner will shall make available to the residents group of |
5 | mobile home owners or the mobile home owners’ association a survey and legal description of the |
6 | park, plus an itemized list of monthly operating expenses, utility consumption rates, taxes, |
7 | insurance and capital expenditures for each of the past three (3) years within seven (7) days of a |
8 | signed purchase and sale agreement with the residents group of mobile home owners or the mobile |
9 | home owners’ association; |
10 | (9)(viii) A statement that the park owner will shall make available to the tenants’ |
11 | association group of mobile home owners or the mobile home owners’ association the most recent |
12 | rent roll, a list of tenants, a list of vacant units and a statement of the vacancy rate at the park for |
13 | the three (3) preceding calendar years within seven (7) days of a signed purchase and sale agreement |
14 | with the residents group of mobile home owners or the mobile home owners’ association; |
15 | (10)(ix) A statement that the park owner will shall make available to the tenants’ |
16 | association group of mobile home owners or the mobile home owners’ association any available |
17 | data relating to the past and present existence of hazardous waste either on the property or in close |
18 | proximity within seven (7) days of a signed purchase and sale agreement with the residents group |
19 | of mobile home owners or the mobile home owners’ association; |
20 | (11)(x) A statement that the park owner will shall make available to the tenants’ association |
21 | group of mobile home owners or the mobile home owners’ association any available data relating |
22 | to the water, sewer and electrical systems of the park within seven (7) days of a signed purchase |
23 | and sale agreement with the residents group of mobile home owners or the mobile home owners’ |
24 | association; |
25 | (12)(xi) A statement that the park owner will shall make available to the tenants’ |
26 | association group of mobile home owners or the mobile home owners’ association all income and |
27 | operating expenses relating to the property to be purchased for the three (3) preceding calendar |
28 | years within seven (7) days of a signed purchase and sale agreement with the residents group of |
29 | mobile home owners or the mobile home owners’ association and any other information that may |
30 | be required by the lender. Any additional information that is required by the lender shall be kept |
31 | strictly confidential between the park owner, the group of mobile home owners or the mobile home |
32 | owners’ association, and their lenders. |
33 | (c) Any incorporated home owners’ association entitled to notice under this section A |
34 | group of mobile home owners or a mobile home owners’ association shall have the right to |
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1 | purchase, in the case of a third party bona fide offer to purchase, or to lease in the case of a third |
2 | party bona fide offer to lease, the park, provided it meets the same price and the same terms and |
3 | conditions has substantially equivalent terms and conditions of any offer of which it is entitled to |
4 | notice under this section the offer the park owner has conditionally accepted or plans to accept by: |
5 | (1) Executing Submitting a proposed contract or purchase and sale or lease agreement with |
6 | to the park owner within forty-five (45) days of notice of the offer, along with reasonable evidence, |
7 | such as a signed petition, that the owners of at least fifty-one percent (51%) of the mobile homes |
8 | in the mobile home park that are occupied by the mobile home owner or a family member of the |
9 | mobile home owner support making an offer; and |
10 | (2) Obtaining any necessary financing or guarantees within an additional one hundred |
11 | thirty-five (135) days. |
12 | (d) No park owner shall unreasonably refuse to enter into, or unreasonably delay the |
13 | execution of a purchase and sale or lease agreement with a home owners’ association group of |
14 | mobile home owners or a mobile home owners’ association that has made a bona fide offer to meet |
15 | the same price and the same terms and conditions has substantially equivalent terms and conditions |
16 | of an offer for which notice is required to be given pursuant to this section. |
17 | (e)(1) The deposit monies must be credited to the purchase price of the mobile home park. |
18 | A park owner shall negotiate in good faith with a group of mobile home owners or a mobile home |
19 | owners’ association concerning any purchase offer made after receiving the notice required by |
20 | subsections (a) and (b) of this section. If the park owner rejects the proposed purchase offer made |
21 | by a group of mobile home owners or a mobile home owners’ association, the park owner shall |
22 | provide the reason for rejection in writing within three (3) days of the rejection. |
23 | (2) The deposit monies shall be credited to the purchase price of the mobile home park. A |
24 | group of mobile home owners or a mobile home owners' association shall not be required to pay a |
25 | nonrefundable deposit at the time of execution of a purchase and sale agreement as a condition of |
26 | acceptance. |
27 | (f) The incorporated home owners’ association group of mobile home owners or the mobile |
28 | home owners’ association will shall use diligent efforts to obtain a commitment for financing from |
29 | a lender by making immediate application for financing upon signing of the purchase and sale |
30 | agreement. In the event that the incorporated home owners’ association group of mobile home |
31 | owners or the mobile home owners’ association, with the exercise of reasonable efforts, is unable |
32 | to obtain necessary financing or comply with other contingencies of the purchase and sale |
33 | agreement, the incorporated home owners’ association group of mobile home owners or the mobile |
34 | home owners’ association shall immediately notify the park owner and the deposit shall be returned |
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1 | to the incorporated home owners’ association group of mobile home owners or the mobile home |
2 | owners’ association. Notwithstanding the requirement that the offer from a group of mobile home |
3 | owners or a mobile home owners' association be on substantially equivalent terms and conditions, |
4 | a mobile home park owner shall not reject a proposed purchase and sale agreement solely on the |
5 | basis of the inclusion of a financing contingency. |
6 | (g) If the incorporated home owners’ association group of mobile home owners or the |
7 | mobile home owners’ association shall default in the performance of its obligations as a purchaser |
8 | under the terms of the purchase and sale agreement, the park owner shall have, as sole and exclusive |
9 | remedy for the default, the right to retain the deposit as liquidated damages in full settlement and |
10 | discharge of all obligations of the incorporated home owners’ association group of mobile home |
11 | owners or the mobile home owners’ association without further recourse in law or equity. |
12 | (h) Failure of the incorporated home owners’ association group of mobile home owners or |
13 | the mobile home owners’ association to execute submit a proposed purchase and sale agreement or |
14 | lease within the forty-five (45) day period or to obtain a binding commitment for financing within |
15 | the one hundred thirty-five (135) day period following signing of a purchase and sale agreement |
16 | shall serve to terminate the right of the association group of mobile home owners or the mobile |
17 | home owners’ association to purchase or lease the mobile park home. |
18 | (i) Residents shall have a total of one hundred eighty (180) days from the receipt of notice |
19 | of a bona fide sale to complete a transaction under the right of first refusal legislation. Any delays |
20 | by the seller in supplying requested information as stated in this legislation or any delay resulting |
21 | from litigation involving the sale and/or litigation affecting the marketability of the title of the |
22 | mobile home park shall result in the same number of days over the due date being added to the one |
23 | hundred eighty (180) days available to the residents for a right of first refusal purchase unless the |
24 | litigation is frivolous and prompted for the sole purpose of delay by the home owners association. |
25 | (j) The time periods provided in this section may be extended by agreement of the |
26 | association group of mobile home owners or the mobile home owners’ association and the park |
27 | owner. |
28 | (k) Nothing in this section shall be construed to require an the park owner to provide |
29 | financing to any association group of mobile home owners or mobile home owners’ association or |
30 | to prohibit an a park owner from requiring an association a group of mobile home owners or mobile |
31 | home owners’ association which is offering to lease a park to have within its possession a sum |
32 | equivalent to the capitalized value of the proposed rent of the park and requiring that a portion of |
33 | that sum, of an amount necessary to pay the rent on the park for a period of no greater than two (2) |
34 | years, be kept in escrow for that purpose during the term of the lease. |
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1 | (l) The right of first refusal and other rights created in this section shall inure to a home |
2 | owners’ association group of mobile home owners or a mobile home owners’ association for the |
3 | time periods provided in this section, beginning on the date of notice to the home owners’ |
4 | association each owner of a mobile home in the mobile home park and the executive office of |
5 | housing. The effective period of the right of first refusal and other rights shall apply separately for |
6 | to each substantially different bona fide offer to purchase or sell the park or to lease it for a purpose |
7 | that would result in a discontinuance, and for each offer the same as an offer made more than three |
8 | (3) months prior to the later offer. However, in the case of the same offer made by a prospective |
9 | buyer who has previously made an offer for which notice to a home owners’ association each owner |
10 | of a mobile home in the mobile home park and the executive office of housing was required by this |
11 | section, the right of first refusal shall apply only if the subsequent offer is made more than six (6) |
12 | months after the earlier offer. The right of first refusal shall not apply with respect to any offer |
13 | received by the owner for which notice to a home owners’ association is not required pursuant to |
14 | this section. |
15 | (m) No right of first refusal shall apply This section shall not apply to a government taking |
16 | by eminent domain or negotiated purchase, a forced sale pursuant to a foreclosure, transfer by gift, |
17 | devise, or operation of law, or a sale to a person who would be included within the table of descent |
18 | and distribution if there were to be a death intestate of a park owner. |
19 | (n) In any instance in which the incorporated home owners’ association of a mobile home |
20 | park group of mobile home owners or the mobile home owners’ association is not the successful |
21 | purchaser or lessee of the mobile home park, the seller or lessor of the park shall prove compliance |
22 | with this section by filing an affidavit of compliance in the official land evidence records of the |
23 | city or town where the property is located within seven (7) days of the sale or lease of the park. |
24 | (o) In any instance in which the incorporated homeowners’ association of a mobile home |
25 | park group of mobile home owners or the mobile home owners’ association is the successful |
26 | purchaser or lessee of the mobile home park, the association shall have the right to distinguish in |
27 | terms of lease conditions and rent and fees as between members of said association and non- |
28 | members of said association. The group of mobile home owners or the mobile home owners’ |
29 | association shall be governed by and open to all mobile home owners in the park. For purposes of |
30 | this chapter, members of a homeowners’ association and non-members of a homeowners’ |
31 | association shall not be deemed residents of a similar class. |
32 | (p) A park owner shall not accept or conditionally accept an offer for the sale, lease, or |
33 | transfer of the mobile home park unless its price, terms, and conditions are universal and applicable |
34 | to all potential buyers, nor shall the park owner accept or conditionally accept an offer that contains |
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1 | any provision penalizing the park owner for entering into a purchase agreement with a group of |
2 | mobile home owners or a mobile home owners’ association. |
3 | (q) A group of mobile home owners or a mobile home owners’ association that has rights |
4 | under this section may, at its election, assign such rights to the municipality in which the group or |
5 | association is located, a housing authority located in such municipality, an agency of the state, or a |
6 | nonprofit organization, including a special purpose entity, for the purpose of continuing the use of |
7 | the property as a mobile home park. Upon assignment, the assignee shall be entitled to exercise the |
8 | rights that this section grants to the group of mobile home owners or the mobile home owners’ |
9 | association. |
10 | (r) As used in this section, the term “group of mobile home owners or a mobile home |
11 | owners’ association” means and includes: |
12 | (1) A “resident organization” as defined in § 31-44-1; |
13 | (2) An “unincorporated entity” as defined in § 7-6-2; or |
14 | (3) A mobile home park organization consisting exclusively of resident mobile home |
15 | owners organized as a profit, nonprofit entity or as an unincorporated association. |
16 | (s) A group of mobile home owners or a mobile home owners’ association as defined in |
17 | subsection (r) of this section, in the case of an unincorporated association shall provide for an |
18 | executive board to manage the affairs of the association. A certificate evidencing the names of the |
19 | executive board members and mailing addresses for the association shall be recorded with the |
20 | municipal land records department for the city or town in which the association is located, which |
21 | shall be updated as often as necessary to reflect any changes in the composition of this executive |
22 | board. |
23 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- MOBILE AND MANUFACTURED | |
HOMES | |
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1 | This act would give mobile home residents a right of first refusal to buy or lease their park, |
2 | requiring owners to notify the residents’ association and the executive office of housing of bona |
3 | fide offers and allow time to match the terms. |
4 | This act would take effect upon passage. |
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