AB40-SA26,12,2018 (r) Exercise any other powers that the board of directors considers necessary
19and convenient to effectuate the purposes of the authority, including providing for
20passenger safety.
AB40-SA26,13,221 (s) 1. Impose, by the adoption of a resolution by the board of directors, the taxes
22under subch. V of ch. 77 in the authority's jurisdictional area. If an authority adopts
23a resolution to impose the taxes, it shall deliver a certified copy of the resolution to
24the department of revenue at least 120 days before its effective date. The authority
25may, by adoption of a resolution by the board of directors, repeal the imposition of

1taxes under subch. V of ch. 77 and shall deliver a certified copy of the repeal
2resolution to the department of revenue at least 120 days before its effective date.
AB40-SA26,13,213 2. If an authority adopts a resolution to impose the tax, as provided in subd.
41., an authority shall specify to the department of revenue, as provided in this
5subdivision, the exact boundaries of the authority's jurisdictional area. If the
6boundaries are the same as the county lines on all sides of the authority's
7jurisdictional area, the resolution shall specify the county or counties that comprise
8the authority's entire jurisdictional area. If the boundaries are other than a county
9line on any side of the authority's jurisdictional area, the authority shall provide the
10department with a complete list of all the 9-digit zip codes that are entirely within
11the authority's jurisdictional area and a complete list of all the street addresses that
12are within the authority's jurisdictional area and not included in any 9-digit zip code
13that is entirely within the authority's jurisdictional area. The authority shall
14provide a certified copy of the information required under this subdivision to the
15department, in the manner, format, and layout prescribed by the department, at
16least 120 days prior to the first day of the calendar quarter before the effective date
17of the tax imposed under subd. 1. If the boundaries of the authority's jurisdictional
18area subsequently change, the authority shall submit a certified copy of the
19information required under this subdivision to the department at least 120 days
20prior to the first day of the calendar quarter before the effective date of such change,
21in the manner, format, and layout prescribed by the department.
AB40-SA26,14,222 3. Notwithstanding subd. 1., an authority created under sub. (2) (f) may not
23impose the taxes authorized under subd. 1. unless the authorizing resolution or
24resolutions under sub. (2) (f) 1. and, if applicable, sub. (2) (f) 2., as well as the
25referendum question on the referendum ballot specified in sub. (2) (f) 1. and, if

1applicable, sub. (2) (f) 2., each clearly identifies the maximum rate of the taxes that
2may be imposed by the authority under subd. 1.
AB40-SA26,14,73 4. If an authority created under sub. (2) (f) adopts a resolution to impose the
4taxes under subd. 1., no political subdivision that is a member of the authority may
5levy property taxes for transit purposes in excess of the amount of property taxes
6levied for transit purposes in the year before the year in which the taxes are imposed
7under subd. 1.
AB40-SA26,14,14 8(5) Limitations on authority powers. (a) Notwithstanding sub. (4) (a), (b), (c),
9(d), (q), and (r), no authority, and no public or private organization with which an
10authority has contracted for service, may provide service outside the jurisdictional
11area of the authority unless the authority receives financial support for the service
12under a contract with a public or other private organization for the service or unless
13it is necessary in order to provide service to connect residents within the authority's
14jurisdictional area to transit systems in adjacent counties.
AB40-SA26,14,2315 (b) Whenever the proposed operations of an authority would be competitive
16with the operations of a common carrier in existence prior to the time the authority
17commences operations, the authority shall coordinate proposed operations with the
18common carrier to eliminate adverse financial impact for the carrier. This
19coordination may include route overlapping, transfers, transfer points, schedule
20coordination, joint use of facilities, lease of route service, and acquisition of route and
21corollary equipment. If this coordination does not result in mutual agreement, the
22proposals of the authority and the common carrier shall be submitted to the
23department of transportation for arbitration.
AB40-SA26,15,3
1(c) In exercising its powers under sub. (4), an authority shall consider any plan
2of a metropolitan planning organization under 23 USC 134 that covers any portion
3of the authority's jurisdictional area.
AB40-SA26,15,8 4(6) Authority obligations to employees of mass transportation systems. (a)
5An authority acquiring a comprehensive unified local transportation system for the
6purpose of the authority's operation of the system shall assume all of the employer's
7obligations under any contract between the employees and management of the
8system to the extent allowed by law.
AB40-SA26,15,189 (b) An authority acquiring, constructing, controlling, or operating a
10comprehensive unified local transportation system shall negotiate an agreement
11with the representative of the labor organization that covers the employees affected
12by the acquisition, construction, control, or operation to protect the interests of
13employees affected. This agreement shall include all of the provisions identified in
14s. 59.58 (4) (b) 1. to 8. and may include provisions identified in s. 59.58 (4) (c). An
15affected employee has all the rights and the same status under subch. IV of ch. 111
16that he or she enjoyed immediately before the acquisition, construction, control, or
17operation and may not be required to serve a probationary period if he or she attained
18permanent status before the acquisition, construction, control, or operation.
AB40-SA26,15,2019 (c) In all negotiations under this subsection, a senior executive officer of the
20authority shall be a member of the authority's negotiating body.
AB40-SA26,15,25 21(7) Bonds; generally. (a) An authority may issue bonds, the principal and
22interest on which are payable exclusively from all or a portion of any revenues
23received by the authority. The authority may secure its bonds by a pledge of any
24income or revenues from any operations, rent, aids, grants, subsidies, contributions,
25or other source of moneys whatsoever.
AB40-SA26,16,2
1(b) An authority may issue bonds in such principal amounts as the authority
2deems necessary.
AB40-SA26,16,53 (c) 1. Neither the members of the board of directors of an authority nor any
4person executing the bonds is personally liable on the bonds by reason of the issuance
5of the bonds.
AB40-SA26,16,106 2. The bonds of an authority are not a debt of the participating political
7subdivisions. Neither the participating political subdivisions nor the state are liable
8for the payment of the bonds. The bonds of any authority shall be payable only out
9of funds or properties of the authority. The bonds of the authority shall state the
10restrictions contained in this paragraph on the face of the bonds.
AB40-SA26,16,21 11(8) Issuance of bonds. (a) Bonds of an authority shall be authorized by
12resolution of the board of directors. The bonds may be issued under such a resolution
13or under a trust indenture or other security instrument. The bonds may be issued
14in one or more series and may be in the form of coupon bonds or registered bonds
15under s. 67.09. The bonds shall bear the dates, mature at the times, bear interest
16at the rates, be in the denominations, have the rank or priority, be executed in the
17manner, be payable in the medium of payment and at the places, and be subject to
18the terms of redemption, with or without premium, as the resolution, trust
19indenture, or other security instrument provides. Bonds of an authority are issued
20for an essential public and governmental purpose and are public instrumentalities
21and, together with interest and income, are exempt from taxes.
AB40-SA26,16,2322 (b) The authority may sell the bonds at public or private sales at the price or
23prices determined by the authority.
AB40-SA26,17,224 (c) If an officer whose signatures appear on any bonds or coupons ceases to be
25an officer of the authority before the delivery of the bonds or coupons, the officer's

1signature shall, nevertheless, be valid for all purposes as if the officer had remained
2in office until delivery of the bonds or coupons.
AB40-SA26,17,4 3(9) Covenants. An authority may do all of the following in connection with the
4issuance of bonds:
AB40-SA26,17,55 (a) Covenant as to the use of any or all of its property, real or personal.
AB40-SA26,17,76 (b) Redeem the bonds, or covenant for the redemption of the bonds, and provide
7the terms and conditions of the redemption.
AB40-SA26,17,148 (c) Covenant as to charge fees, rates, rents, and charges sufficient to meet
9operating and maintenance expenses, renewals, and replacements of any
10transportation system, principal and debt service on bond creation and maintenance
11of any reserves required by a bond resolution, trust indenture, or other security
12instrument and to provide for any margins or coverages over and above debt service
13on the bonds that the board of directors considers desirable for the marketability of
14the bonds.
AB40-SA26,17,1915 (d) Covenant as to the events of default on the bonds and the terms and
16conditions upon which the bonds shall become or may be declared due before
17maturity, as to the terms and conditions upon which this declaration and its
18consequences may be waived, and as to the consequences of default and the remedies
19of bondholders.
AB40-SA26,17,2220 (e) Covenant as to the mortgage or pledge of, or the grant of a security interest
21in, any real or personal property and all or any part of the revenues of the authority
22to secure the payment of bonds, subject to any agreements with the bondholders.
AB40-SA26,17,2523 (f) Covenant as to the custody, collection, securing, investment, and payment
24of any revenues, assets, moneys, funds, or property with respect to which the
25authority may have any rights or interest.
AB40-SA26,18,3
1(g) Covenant as to the purposes to which the proceeds from the sale of any bonds
2may be applied, and as to the pledge of such proceeds to secure the payment of the
3bonds.
AB40-SA26,18,64 (h) Covenant as to limitations on the issuance of any additional bonds, the
5terms upon which additional bonds may be issued and secured, and the refunding
6of outstanding bonds.
AB40-SA26,18,87 (i) Covenant as to the rank or priority of any bonds with respect to any lien or
8security.
AB40-SA26,18,129 (j) Covenant as to the procedure by which the terms of any contract with or for
10the benefit of the holders of bonds may be amended or abrogated, the amount of
11bonds, the holders of which must consent thereto, and the manner in which such
12consent may be given.
AB40-SA26,18,1513 (k) Covenant as to the custody and safekeeping of any of its properties or
14investments, the insurance to be carried on the property or investments, and the use
15and disposition of insurance proceeds.
AB40-SA26,18,1816 (L) Covenant as to the vesting in one or more trustees, within or outside the
17state, of those properties, rights, powers, and duties in trust as the authority
18determines.
AB40-SA26,18,2119 (m) Covenant as to the appointing of, and providing for the duties and
20obligations of, one or more paying agent or other fiduciaries within or outside the
21state.
AB40-SA26,18,2422 (n) Make all other covenants and do any act that may be necessary or
23convenient or desirable in order to secure its bonds or, in the absolute discretion of
24the authority, tend to make the bonds more marketable.
AB40-SA26,19,4
1(o) Execute all instruments necessary or convenient in the exercise of the
2powers granted under this section or in the performance of covenants or duties,
3which may contain such covenants and provisions as a purchaser of the bonds of the
4authority may reasonably require.
AB40-SA26,19,16 5(10) Refunding bonds. An authority may issue refunding bonds for the
6purpose of paying any of its bonds at or prior to maturity or upon acceleration or
7redemption. An authority may issue refunding bonds at such time prior to the
8maturity or redemption of the refunded bonds as the authority deems to be in the
9public interest. The refunding bonds may be issued in sufficient amounts to pay or
10provide the principal of the bonds being refunded, together with any redemption
11premium on the bonds, any interest accrued or to accrue to the date of payment of
12the bonds, the expenses of issue of the refunding bonds, the expenses of redeeming
13the bonds being refunded, and such reserves for debt service or other capital or
14current expenses from the proceeds of such refunding bonds as may be required by
15the resolution, trust indenture, or other security instruments. To the extent
16applicable, refunding bonds are subject to subs. (8) and (9).
AB40-SA26,19,18 17(11) Bonds eligible for investment. (a) Any of the following may invest funds,
18including capital in their control or belonging to them, in bonds of the authority:
AB40-SA26,19,1919 1. Public officers and agencies of the state.
AB40-SA26,19,2020 2. Local governmental units, as defined in s. 19.42 (7u).
AB40-SA26,19,2121 3. Insurance companies.
AB40-SA26,19,2222 4. Trust companies.
AB40-SA26,19,2323 5. Banks.
AB40-SA26,19,2424 6. Savings banks.
AB40-SA26,19,2525 7. Savings and loan associations.
AB40-SA26,20,1
18. Investment companies.
AB40-SA26,20,22 9. Personal representatives.
AB40-SA26,20,33 10. Trustees.
AB40-SA26,20,44 11. Other fiduciaries not listed in this paragraph.
AB40-SA26,20,85 (b) The authority's bonds are securities that may be deposited with and
6received by any officer or agency of the state or any local governmental unit, as
7defined in s. 19.42 (7u), for any purpose for which the deposit of bonds or obligations
8of the state or any local governmental unit is authorized by law.
AB40-SA26,20,16 9(12) Budgets; rates and charges; audit. The board of directors of an authority
10shall annually prepare a budget for the authority. Rates and other charges received
11by an authority shall be used only for the general expenses and capital expenditures
12of the authority, to pay interest, amortization, and retirement charges on bonds, and
13for specific purposes of the authority and may not be transferred to any political
14subdivision. The authority shall maintain an accounting system in accordance with
15generally accepted accounting principles and shall have its financial statements and
16debt covenants audited annually by an independent certified public accountant.
AB40-SA26,20,19 17(13) Withdrawal from authority. (a) A participating political subdivision that
18joined an authority under sub. (2) (f) 2. may withdraw from an authority if all of the
19following conditions are met:
AB40-SA26,20,2120 1. The governing body of the political subdivision adopts a resolution
21requesting withdrawal of the political subdivision from the authority.
AB40-SA26,20,2322 2. The political subdivision has paid, or made provision for the payment of, all
23obligations of the political subdivision to the authority.
AB40-SA26,21,624 (b) If a participating political subdivision withdraws from an authority, the
25authority shall provide the department of revenue with a certified copy of the

1resolution that approves the withdrawal. The withdrawal is effective on the first day
2of the calendar quarter that begins at least 120 days after the department receives
3the certified copy of the resolution approving the withdrawal. If the authority from
4which the political subdivision withdraws continues to exist after the withdrawal,
5the authority shall provide information describing the exact boundaries of its
6jurisdictional area, as provided in sub. (4) (s) 2.
AB40-SA26,21,8 7(14) Duty to provide transit service. An authority shall provide, or contract
8for the provision of, transit service within the authority's jurisdictional area.
AB40-SA26,21,13 9(17) Other statutes. This section does not limit the powers of political
10subdivisions to enter into intergovernmental cooperation or contracts or to establish
11separate legal entities under s. 66.0301 or 66.1021 or any other applicable law, or
12otherwise to carry out their powers under applicable statutory provisions. Section
1366.0803 (2) does not apply to an authority.".
AB40-SA26,21,14 149. Page 684, line 23: after that line insert:
AB40-SA26,21,15 15" Section 1277o. 67.01 (5) of the statutes is amended to read:
AB40-SA26,21,2316 67.01 (5) "Municipality" means any of the following which is authorized to levy
17a tax: a county, city, village, town, school district, board of park commissioners,
18technical college district, metropolitan sewerage district created under ss. 200.01 to
19200.15 or 200.21 to 200.65, town sanitary district under subch. IX of ch. 60, transit
20authority created under s. 66.1039,
public inland lake protection and rehabilitation
21district established under s. 33.23, 33.235, or 33.24, and any other public body
22empowered to borrow money and issue obligations to repay the money out of public
23funds or revenues. "Municipality" does not include the state.".
AB40-SA26,21,24 2410. Page 686, line 12: after that line insert:
AB40-SA26,22,1
1" Section 1278gm. 70.11 (2) of the statutes is amended to read:
AB40-SA26,22,162 70.11 (2) Municipal property and property of certain districts, exception.
3Property owned by any county, city, village, town, school district, technical college
4district, public inland lake protection and rehabilitation district, metropolitan
5sewerage district, municipal water district created under s. 198.22, joint local water
6authority created under s. 66.0823, transit authority created under s. 66.1039,
7long-term care district under s. 46.2895 or town sanitary district; lands belonging
8to cities of any other state used for public parks; land tax-deeded to any county or
9city before January 2; but any residence located upon property owned by the county
10for park purposes that is rented out by the county for a nonpark purpose shall not
11be exempt from taxation. Except as to land acquired under s. 59.84 (2) (d), this
12exemption shall not apply to land conveyed after August 17, 1961, to any such
13governmental unit or for its benefit while the grantor or others for his or her benefit
14are permitted to occupy the land or part thereof in consideration for the conveyance.
15Leasing the property exempt under this subsection, regardless of the lessee and the
16use of the leasehold income, does not render that property taxable.".
AB40-SA26,22,17 1711. Page 761, line 14: after that line insert:
AB40-SA26,22,18 18" Section 1372bm. 71.26 (1) (b) of the statutes is amended to read:
AB40-SA26,22,2319 71.26 (1) (b) Political units. Income received by the United States, the state
20and all counties, cities, villages, towns, school districts, technical college districts,
21joint local water authorities created under s. 66.0823, transit authorities created
22under s. 66.1039,
long-term care districts under s. 46.2895 or other political units
23of this state.".
AB40-SA26,22,24 2412. Page 853, line 3: after that line insert:
AB40-SA26,23,1
1" Section 1474m. Chapter 77 (title) of the statutes is amended to read:
AB40-SA26,23,22 CHAPTER 77
AB40-SA26,23,133 TAXATION OF FOREST CROPLANDS;
4 REAL ESTATE TRANSFER FEES;
5 SALES AND USE TAXES; COUNTY,
6TRANSIT AUTHORITY, AND SPECIAL
7 DISTRICT SALES AND USE TAXES;
8 MANAGED FOREST LAND; ECONOMIC
9 DEVELOPMENT SURCHARGE; LOCAL FOOD
10 AND BEVERAGE TAX; LOCAL RENTAL
11 CAR TAX; Premier resort area
12 taxes; state rental vehicle fee;
13 dry cleaning fees".
AB40-SA26,23,14 1413. Page 857, line 7: after that line insert:
AB40-SA26,23,15 15" Section 1488m. 77.54 (9a) (er) of the statutes is created to read:
AB40-SA26,23,1616 77.54 (9a) (er) Any transit authority created under s. 66.1039.".
AB40-SA26,23,17 1714. Page 862, line 9: after that line insert:
AB40-SA26,23,19 18" Section 1501ag. Subchapter V (title) of chapter 77 [precedes 77.70] of the
19statutes is amended to read:
AB40-SA26,23,2020 CHAPTER 77
AB40-SA26,23,2121 SUBCHAPTER V
AB40-SA26,23,2422 COUNTY, TRANSIT AUTHORITY, AND
23 SPECIAL DISTRICT SALES AND USE
24 TAXES
AB40-SA26,1501ah
1Section 1501ah. 77.708 of the statutes is created to read:
AB40-SA26,24,9 277.708 Adoption by resolution and referendum; transit authority. (1)
3A transit authority created under s. 66.1039, by resolution and referendum under s.
466.1039 (4) (s), may impose a sales tax and a use tax under this subchapter at a rate
5of 0.1, 0.2, 0.3, 0.4, or 0.5 percent of the sales price or purchase price. Those taxes
6may be imposed only in their entirety. The resolution and referendum shall be
7effective on the first day of the first calendar quarter that begins at least 120 days
8after a certified copy of the resolution and affirmative result of the referendum are
9delivered to the department of revenue.
AB40-SA26,24,15 10(2) Retailers and the department of revenue may not collect a tax under sub.
11(1) for any transit authority created under s. 66.1039 beginning on the first day of
12the calendar quarter that is at least 120 days after a certified copy of the repeal
13resolution under s. 66.1039 (4) (s) is delivered to the department of revenue, except
14that the department of revenue may collect from retailers taxes that accrued before
15such calendar quarter and fees, interest, and penalties that relate to those taxes.
AB40-SA26,1501ai 16Section 1501ai. 77.71 of the statutes is amended to read:
AB40-SA26,24,21 1777.71 Imposition of county, transit authority, and special district sales
18and use taxes.
Whenever a county sales and use tax ordinance is adopted under
19s. 77.70, a transit authority resolution is adopted under s. 77.708 and affirmed by
20referendum,
or a special district resolution is adopted under s. 77.705 or 77.706, the
21following taxes are imposed:
AB40-SA26,25,8 22(1) For the privilege of selling, licensing, leasing, or renting tangible personal
23property and the items, property, and goods specified under s. 77.52 (1) (b), (c), and
24(d), and for the privilege of selling, licensing, performing, or furnishing services a
25sales tax is imposed upon retailers at the rates under s. 77.70 in the case of a county

1tax, at the rate under s. 77.708 in the case of a transit authority tax, or at the rate
2under s. 77.705 or 77.706 in the case of a special district tax of the sales price from
3the sale, license, lease, or rental of tangible personal property and the items,
4property, and goods specified under s. 77.52 (1) (b), (c), and (d), except property taxed
5under sub. (4), sold, licensed, leased, or rented at retail in the county or, special
6district, or transit authority's jurisdictional area, or from selling, licensing,
7performing, or furnishing services described under s. 77.52 (2) in the county or,
8special district, or transit authority's jurisdictional area.
AB40-SA26,25,24 9(2) An excise tax is imposed at the rates under s. 77.70 in the case of a county
10tax, at the rate under s. 77.708 in the case of a transit authority tax, or at the rate
11under s. 77.705 or 77.706 in the case of a special district tax of the purchase price
12upon every person storing, using, or otherwise consuming in the county or, special
13district, or transit authority's jurisdictional area tangible personal property, or
14items, property, or goods specified under s. 77.52 (1) (b), (c), or (d), or services if the
15tangible personal property, item, property, good, or service is subject to the state use
16tax under s. 77.53, except that a receipt indicating that the tax under sub. (1), (3),
17or (4) has been paid relieves the buyer of liability for the tax under this subsection
18and except that if the buyer has paid a similar local tax in another state on a purchase
19of the same tangible personal property, item, property, good, or service that tax shall
20be credited against the tax under this subsection and except that for motor vehicles
21that are used for a purpose in addition to retention, demonstration, or display while
22held for sale in the regular course of business by a dealer the tax under this
23subsection is imposed not on the purchase price but on the amount under s. 77.53
24(1m).
AB40-SA26,26,13
1(3) An excise tax is imposed upon a contractor engaged in construction
2activities within the county or, special district, or transit authority's jurisdictional
3area,
at the rates under s. 77.70 in the case of a county tax, at the rate under s. 77.708
4in the case of a transit authority tax,
or at the rate under s. 77.705 or 77.706 in the
5case of a special district tax of the purchase price of tangible personal property or
6items, property, or goods under s. 77.52 (1) (b), (c), or (d) that are used in constructing,
7altering, repairing, or improving real property and that became a component part of
8real property in that county or special district or in the transit authority's
9jurisdictional area
, except that if the contractor has paid the sales tax of a county,
10transit authority,
or special district in this state on that tangible personal property,
11item, property, or good, or has paid a similar local sales tax in another state on a
12purchase of the same tangible personal property, item, property, or good, that tax
13shall be credited against the tax under this subsection.
AB40-SA26,26,24 14(4) An excise tax is imposed at the rates under s. 77.70 in the case of a county
15tax, at the rate under s. 77.708 in the case of a transit authority tax, or at the rate
16under s. 77.705 or 77.706 in the case of a special district tax of the purchase price
17upon every person storing, using, or otherwise consuming a motor vehicle, boat,
18recreational vehicle, as defined in s. 340.01 (48r), or aircraft, if that property must
19be registered or titled with this state and if that property is to be customarily kept
20in a county that has in effect an ordinance under s. 77.70, the jurisdictional area of
21a transit authority that has in effect a resolution under s. 77.708,
or in a special
22district that has in effect a resolution under s. 77.705 or 77.706, except that if the
23buyer has paid a similar local sales tax in another state on a purchase of the same
24property that tax shall be credited against the tax under this subsection.
AB40-SA26,1501aj 25Section 1501aj. 77.73 (2) of the statutes is amended to read:
AB40-SA26,27,9
177.73 (2) Counties and, special districts, and transit authorities do not have
2jurisdiction to impose the tax under s. 77.71 (2) in regard to items, property, and
3goods under s. 77.52 (1) (b), (c), and (d), and tangible personal property, except
4snowmobiles, trailers, semitrailers, all-terrain vehicles, and utility terrain vehicles,
5purchased in a sale that is consummated in another county or special district in this
6state, or in another transit authority's jurisdictional area, that does not have in effect
7an ordinance or resolution imposing the taxes under this subchapter and later
8brought by the buyer into the county or, special district, or jurisdictional area of the
9transit authority
that has imposed a tax under s. 77.71 (2).
AB40-SA26,1501ak 10Section 1501ak. 77.73 (3) of the statutes is amended to read:
AB40-SA26,27,2111 77.73 (3) Counties and, special districts, and transit authorities have
12jurisdiction to impose the taxes under this subchapter on retailers who file, or who
13are required to file, an application under s. 77.52 (7) or who register, or who are
14required to register, under s. 77.53 (9) or (9m), regardless of whether such retailers
15are engaged in business in the county or, special district, or transit authority's
16jurisdictional area,
as provided in s. 77.51 (13g). A retailer who files, or is required
17to file, an application under s. 77.52 (7) or who registers, or is required to register,
18under s. 77.53 (9) or (9m) shall collect, report, and remit to the department the taxes
19imposed under this subchapter for all counties or, special districts, and transit
20authorities
that have an ordinance or resolution imposing the taxes under this
21subchapter.
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