Seniority and other rights and benefits
The bill also specifies that a person who is absent from employment because of
active service is entitled to certain other rights and benefits as follows:
1. On reemployment, the person is entitled to the seniority and other rights and
benefits determined by seniority that the person would have had if the person's
employment had not been interrupted by the active service.
2. While absent from employment, the person is considered to be on furlough
or leave of absence and is entitled to all rights and benefits not determined by
seniority that are generally provided by the employer to employees having similar
seniority, status, and pay who are on furlough or leave of absence.
3. While absent from employment, the person may continue health coverage
for the person and his or her dependents for up to 18 months or until the day after
the date on which the person is required to report back to work or apply for
reemployment, whichever occurs first. If the person's health coverage is terminated
because the person is in active service, the person is entitled to reinstatement of
health coverage on reemployment with no exclusion or waiting period that would not

have been imposed had the coverage not been terminated because of the active
service. A person who is performing active service on the effective date of the bill or
a dependent or personal representative of the person may elect to continue health
coverage for the remainder of that 18-month period or until the day after the date
on which the person is required to report back to work or apply for reemployment,
whichever occurs first.
4. The person may not be discharged from employment, except for cause, for
180 days after reemployment, if the active service was for more than 30 days, but less
than 181 days, and for one year after reemployment, if the active service was for more
than 180 days.
Enforcement
Finally, the bill provides a procedure for the enforcement of a person's rights
under the bill. Specifically, the bill permits a person who believes that his or her
employer has failed or refused, or is about to fail or refuse, to provide to the person
any reemployment right or benefit to which the person is entitled under the bill to
file a complaint with the adjutant general who must then investigate the complaint.
If the adjutant general is reasonably satisfied that the person is entitled to the rights
or benefits sought, the adjutant general must endeavor to resolve the complaint by
conference, conciliation, or persuasion. If the adjutant general is not able to resolve
the complaint, the person may request the adjutant general to refer the complaint
to counsel appointed by the governor for the purpose of prosecuting such complaints
who must file a complaint for appropriate relief with the department of workforce
development (DWD) or, if the person is an employee of a state agency, the personnel
commission. The bill also permits a person to file a complaint with DWD or the
personnel commission on the person's own behalf without filing a complaint with the
adjutant general or requesting the adjutant general to refer the complaint to counsel.
DWD or the personnel commission must process the complaint in the same
manner that employment discrimination complaints are processed under the fair
employment law. If DWD or the personnel commission finds that an employer has
failed or refused, or is about to fail or refuse, to provide any reemployment right or
benefit to which a person is entitled under the bill or has discharged or otherwise
discriminated against any person in retaliation for attempting to enforce any rights
provided under the bill, DWD or the personnel commission may order the employer
to do any one or more of the following:
1. Take such action as will fully vindicate the rights and benefits of the person
under the bill.
2. Compensate the person for any loss of wages, salary, or other benefits
suffered because of the failure or refusal to provide reemployment rights or benefits
or the discharge or other discrimination.
3. Pay the person, as liquidated damages, an amount that is equal to the
amount of compensation ordered, if DWD or the personnel commission finds that the
failure or refusal to provide reemployment rights or benefits or the discharge or other
discrimination was willful.
4. Pay the person costs and reasonable actual attorney fees, if the person is not
represented by counsel appointed by the governor.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB572, s. 1 1Section 1. 21.80 of the statutes is created to read:
AB572,5,3 221.80 Reemployment rights after national guard or state defense force
3service. (1)
Definitions. In this section:
AB572,5,74 (a) "Active service" means active service in the national guard or the state
5defense force under an order of the governor issued under this chapter or active
6service in the national guard under 32 USC 502 (f) that is not considered to be service
7in the uniformed services.
AB572,5,148 (b) "Employer" means a person engaging in any activity, enterprise, or business
9in this state employing one or more persons on a permanent basis. "Employer"
10includes the state and any office, department, independent agency, authority,
11institution, association, society, or other body in state government created or
12authorized to be created by the constitution or any law, including the legislature and
13the courts. "Employer" also includes a successor-in-interest of a person employing
14an individual who has provided notice to that person under sub. (3) (a).
AB572,5,1515 (c) "Health benefit plan" has the meaning given in s. 632.745 (11).
AB572,5,1716 (d) "Qualified" means having the ability to perform the essential tasks of an
17employment position.
AB572,5,2018 (e) "Reasonable efforts" means, with respect to an action required by an
19employer under sub. (4) (a) 1., 2., 3., or 4., an action that does not place an undue
20hardship on the employer.
AB572,6,2
1(f) "Service in the uniformed services" has the meaning given in 38 USC 4303
2(13).
AB572,6,53 (g) "Undue hardship" means, with respect to an action required by an employer
4under sub. (4) (a) 1., 2., 3., or 4., significant difficulty or expense, when considered
5in light of all of the following:
AB572,6,66 1. The nature and cost of the action.
AB572,6,107 2. The overall financial resources of the facility involved in providing the action,
8the number of persons employed at the facility, the effect of providing the action on
9the resources and finances of the facility, and any other impact of the action on the
10operation of the facility.
AB572,6,1311 3. The overall financial resources of the employer, the number of persons
12employed by the employer, and the number, type, and location of the employer's
13facilities.
AB572,6,1714 4. The type of operation of the employer, including the composition, structure,
15and functions of the employer's workforce, the geographic separateness from the
16employer of the facility involved in providing the action, and the administrative and
17financial relationship of the facility to the employer.
AB572,6,21 18(2) More generous rights permitted. Nothing in this section prohibits an
19employer from providing employees who are called into active service with
20reemployment rights and benefits that are more generous to the employee than the
21rights and benefits provided under this section.
AB572,6,24 22(3) Reemployment rights. (a) Prerequisites. Subject to par. (d), any person who
23is absent from a position of employment because of active service is entitled to the
24reemployment rights and benefits specified in this section if all of the following apply:
AB572,7,3
11. Except as provided in par. (b), the person or an appropriate officer in the
2national guard or the state defense force has given advanced notice of the active
3service to the person's employer.
AB572,7,74 2. Except as provided in par. (c), the cumulative length of the absence from the
5position of employment and of all previous absences from a position of employment
6with the employer by reason of active service or service in the uniformed services
7does not exceed 5 years.
AB572,7,98 3. Except as provided in par. (f), the person reports to the employer or submits
9an application for reemployment to the employer as required under par. (e).
AB572,7,1110 4. The person's service in the national guard or the state defense force has not
11been terminated under other than honorable conditions.
AB572,7,1612 (b) Notice not required. No notice is required under par. (a) 1. if the giving of
13that notice is precluded by military necessity or is otherwise impossible or
14unreasonable. A determination of military necessity for purposes of this paragraph
15shall be made according to rules and regulations promulgated by the adjutant
16general or the federal secretary of defense and is not subject to judicial review.
AB572,7,1917 (c) Length of absence limit. The periods of service in the uniformed services
18described in 38 USC 4312 (c) (1) to (4) and all of the following periods of active service
19are not included in calculating the 5-year period specified in par. (a) 2.:
AB572,7,2120 1. Any period of active service beyond that 5-year period that is required to
21complete an initial period of obligated active service.
AB572,7,2422 2. Any period of active service for which the person, through no fault of the
23person's own, was unable to obtain orders releasing the person from a period of active
24service before the expiration of the 5-year period.
AB572,8,5
13. Any period of active service that was performed to fulfill any additional
2training requirements determined and certified in writing by the federal secretary
3of the army, the federal secretary of the air force, or the adjutant general to be
4necessary for professional development or for completion of skill training or
5retraining.
AB572,8,126 4. Any period of active service that was performed by a person who was ordered
7to, or retained in, active service, other than for training, because of a state emergency
8declared by the governor, because of a war or national emergency declared by the
9president of the United States or Congress, because of insurrection, rebellion, riot,
10invasion, or resistance to the execution of the laws of this state or of the United
11States, or in support of an operational mission, a critical mission, or any other
12requirement of the uniformed services.
AB572,8,1413 (d) Exceptions. An employer is not required to reemploy a person under this
14section if the employer shows that any of the following apply:
AB572,8,1615 1. The employer's circumstances have so changed as to make reemployment of
16the person impossible or unreasonable.
AB572,8,1917 2. The position of employment that the person left to perform active service was
18for a brief, nonrecurrent period and there was no reasonable expectation that the
19position of employment would continue indefinitely or for a significant period of time.
AB572,8,2220 3. In the case of a person who is entitled to reemployment under sub. (4) (a) 3.
21or 4., the accommodations, training, or effort required under sub. (4) (a) 3. or 4. would
22pose an undue hardship on the employer.
AB572,9,1523 (e) Return procedures. 1. Subject to subds. 4. and 5., if a person who has been
24absent from a position of employment because of active service that lasted for less
25than 31 days, who has been absent from a position of employment for any period of

1time for the purpose of an examination to determine the person's fitness to perform
2active service, or who has been absent from a position of employment because the
3person was hospitalized for or was convalescing from an illness or injury that was
4incurred in or aggravated during the performance of that active service wishes to
5receive the reemployment rights and benefits specified in this section, the person
6must notify the person's employer of the person's intent to return to the position of
7employment by reporting to the employer by no later than the beginning of the first
8full regularly-scheduled work period on the first full calendar day following the
9completion of the active service, examination, or period of hospitalization or
10convalescence, a period of time that allows for the safe transportation of the person
11from the place of active service, examination, hospitalization, or convalescence to the
12person's residence, and a rest period of 8 hours following that transportation period
13or, if through no fault of the person's own reporting to the employer within that time
14is impossible or unreasonable, by reporting to the employer as soon as possible after
15that 8-hour rest period.
AB572,9,2516 2. Subject to subds. 4. and 5., if a person who has been absent from a position
17of employment because of active service that lasted for more than 30 days, but less
18than 181 days, or who has been absent from a position of employment because the
19person was hospitalized for or was convalescing from an illness or injury that was
20incurred in or aggravated during the performance of that active service wishes to
21receive the reemployment rights and benefits specified in this section, the person
22must notify the person's employer of the person's intent to return to the position of
23employment by submitting to the employer an application for reemployment by no
24later than 14 days after the completion of the active service, hospitalization, or
25convalescence or, if through no fault of the person's own submitting the application

1within that time is impossible or unreasonable, by submitting to the employer an
2application for reemployment by no later than the first full calendar day on which
3submission of the application becomes possible.
AB572,10,164 3. Subject to subds. 4. and 5., if a person who has been absent from a position
5of employment because of active service that lasted for more than 180 days or who
6has been absent from a position of employment because the person was hospitalized
7for or was convalescing from an illness or injury that was incurred in or aggravated
8during the performance of that active service wishes to receive the reemployment
9rights and benefits specified in this section, the person must notify the person's
10employer of the person's intent to return to the position of employment by submitting
11to the employer an application for reemployment by no later than 90 days after the
12completion of the active service, hospitalization, or convalescence or, if through no
13fault of the person's own submitting the application within that time is impossible
14or unreasonable, by submitting to the employer an application for reemployment by
15no later than the first full calendar day on which submission of the application
16becomes possible.
AB572,10,2317 4. The period of hospitalization or convalescence specified in subds. 1., 2., and
183. may not exceed 2 years, except that if through no fault of the person's own it is
19impossible or unreasonable for the person to report to the employer within the time
20specified in subd. 1. or to apply for reemployment within the time specified in subd.
212. or 3., that 2-year period shall be extended by the minimum period of time required
22to accommodate the circumstances that made it impossible or unreasonable for the
23person to report or apply as so required.
AB572,11,424 5. A person who fails to report to the person's employer within the time specified
25in subd. 1. or who fails to apply for reemployment within the time specified in subd.

12. or 3. does not automatically forfeit the reemployment rights and benefits specified
2in this section. Instead, the person shall be subject to the rules, policies, and
3practices of the person's employer pertaining to discipline for unexcused absences
4from work.
AB572,11,125 (f) Documentation. 1. A person who submits an application for reemployment
6under par. (e) 2. or 3. must, on the request of the person's employer, provide to the
7employer documentation to establish that the application was submitted within the
8time limits specified in par. (e) 2. or 3., that the person's cumulative length of all
9absences from employment with the employer because of active service or service in
10the uniformed services does not, except as permitted under par. (c), exceed 5 years,
11and that the person's service was not terminated under other than honorable
12conditions.
AB572,11,1913 2. An employer may not refuse to reemploy a person who fails to provide any
14of the documentation specified in subd. 1. because that documentation does not exist
15or is not readily available at the time the employer requests that documentation. If
16after the person is reemployed documentation becomes available that establishes
17that the person does not meet a requirement specified in subd. 1., the employer may
18terminate the person's employment and the provision of any rights and benefits
19afforded to the person under this section.
AB572,11,2220 3. An employer may not delay or attempt to defeat a reemployment right that
21the employer is obligated to provide under this section by demanding documentation
22that does not exist or is not readily available at the time of the demand.
AB572,12,223 (g) Veterans preferences. The right of a person to reemployment under this
24subsection does not entitle the person to retention, preference, or displacement
25rights over any person who has a superior claim under s. 45.35 (4), 62.13 (4) (d), 63.08

1(1) (f), 63.37, 63.39 (2m), 66.0509 (1), 230.15 (2m), 230.16 (7) or (7m), 230.21 (1m),
2230.25, or 230.275.
AB572,12,73 (h) Prohibited bases for denial of reemployment. In determining a person's
4right to reemployment and other benefits under this section, an employer may not
5deny reemployment or any other benefits based on the timing, frequency, duration,
6or nature of the person' s active service or service in the uniformed services so long
7as the requirements under par. (a) are met.
AB572,12,18 8(4) Reemployment positions. (a) Prompt reemployment required. 1. Subject
9to subds. 3. and 4. and par. (b), an employer shall reemploy a person who is entitled
10to reemployment under sub. (3) and whose period of active service was for less than
1191 days promptly on completion of that period of active service in the position of
12employment in which the person would have been employed if the continuous
13employment of the person with the employer had not been interrupted by that active
14service so long as the person is qualified to perform the duties of that position or, if
15after reasonable efforts by the employer to qualify the person to perform those duties
16the person is not qualified to perform those duties, in the position of employment in
17which the person was employed on the date on which the person's period of active
18service began.
AB572,13,419 2. Subject to subds. 3. and 4. and par. (b), an employer shall reemploy a person
20who is entitled to reemployment under sub. (3) and whose period of active service was
21for more than 90 days promptly on completion of that period of active service in the
22position of employment in which the person would have been employed if the
23continuous employment of the person with the employer had not been interrupted
24by that active service or in a position of employment of like seniority, status, and pay
25so long as the person is qualified to perform the duties of that position or, if after

1reasonable efforts by the employer to qualify the person to perform those duties the
2person is not qualified to perform those duties, in the position of employment in
3which the person was employed on the date on which the person's period of active
4service began or in a position of employment of like seniority, status, and pay.
AB572,13,175 3. Subject to par. (b), in the case of a person who has a disability that was
6incurred in or aggravated during a period of active service and who, after reasonable
7efforts by the employer to accommodate the disability, is not qualified due to the
8disability to perform the duties of the position of employment in which the person
9would have been employed if the continuous employment of the person with the
10employer had not been interrupted by the active service, the employer shall reemploy
11the person promptly on completion of that period of active service in any other
12position that is equivalent to that position in seniority, status, and pay, the duties of
13which the person is qualified to perform or would become qualified to perform with
14reasonable efforts by the employer, or, if there is no other position of employment
15available that is equivalent to that position in seniority, status, and pay, in a position
16that is the nearest approximation to that equivalent position in terms of seniority,
17status, and pay, consistent with the person's circumstances.
AB572,14,918 4. Subject to par. (b), in the case of a person who is not qualified to be employed
19in the position of employment in which the person would have been employed if the
20continuous employment of the person with the employer had not been interrupted
21by the person's active service or in the position of employment in which the person
22was employed on the date on which the person's period of active service began for any
23reason other than disability incurred in or aggravated during a period of active
24service and who cannot become qualified to be so employed with reasonable efforts
25by the employer, the employer shall reemploy the person promptly on completion of

1that period of active service in any other position that the person is qualified to
2perform and that is the nearest approximation to the position of employment in
3which the person would have been employed if the continuous employment of the
4person with the employer had not been interrupted by that active service, with full
5seniority, or if no position of employment that is the nearest approximation to that
6position is available, in a position of employment that the person is qualified to
7perform and that is the nearest approximation to the position of employment in
8which the person was employed on the date on which the person's period of active
9service began, with full seniority.
AB572,14,1310 (b) Multiple returning employees. 1. If 2 or more persons who are entitled to
11reemployment under sub. (3) in the same position of employment have reported to
12the employer or applied for reemployment in that position, the person who left
13employment first shall have the prior right to reemployment in that position.
AB572,14,1814 2. A person who is entitled to reemployment under sub. (3), but who is not
15reemployed because of subd. 1., shall be entitled to reemployment as provided in par.
16(a) 1., 2., 3., or 4., whichever is applicable, in a position of employment that provides
17for similar status and pay as the position described in subd. 1., consistent with the
18person's circumstances, with full seniority.
AB572,14,25 19(5) Rights, benefits, and obligations. (a) Seniority. A person who is
20reemployed under this section is entitled to the seniority and other rights and
21benefits determined by seniority that the person had on the last day of employment
22before the person's active service began, plus all seniority and other rights and
23benefits determined by seniority that the person would have had if the continuous
24employment of the person with the employer had not been interrupted by that active
25service.
AB572,15,8
1(b) Continuation of benefits. 1. Subject to subds. 2. to 5., a person who is absent
2from employment because of active service is considered to be on furlough or leave
3of absence while performing the active service and is entitled to receive all rights and
4benefits not determined by seniority that are generally provided by the employer to
5employees having similar seniority, status, and pay who are on furlough or leave of
6absence under a contract, agreement, policy, practice, or plan that is in effect on the
7day on which the active service began or that is established while the person is
8performing the active service.
AB572,15,159 2. If an employer shows that a person who is absent from a position of
10employment because of active service has knowingly provided written notice of the
11person's intent not to return to a position of employment with the employer after that
12active service and, in doing so, was aware of the specific rights and benefits under
13subd. 1. that the person would lose while absent from the position of employment,
14the person is not entitled to the rights and benefits specified in subd. 1. while absent
15from employment.
AB572,15,1816 3. A person who is considered to be on furlough or leave of absence under subd.
171. while performing active service is not entitled to any benefit to which the person
18would not otherwise be entitled if the person had remained continuously employed.
AB572,15,2219 4. An employer may require a person who is considered to be on furlough or
20leave of absence under subd. 1. while performing active service to pay the employee
21cost, if any, of any benefit that is continued under subd. 1. to the same extent that
22other employees who are on furlough or leave of absence are so required.
AB572,15,2523 5. A person who is absent from a position of employment because of active
24service is entitled to receive coverage under a health benefit plan during the absence
25and on reemployment as provided in sub. (6).
AB572,16,7
1(c) Protection from discharge. An employer that reemploys under this section
2a person whose period of active service lasted for more than 30 days, but less than
3181 days, may not discharge the person within 180 days after the date of
4reemployment except for cause. An employer that reemploys under this section a
5person whose period of active service lasted for more than 180 days may not
6discharge the person within one year after the date of reemployment except for
7cause.
AB572,16,13 8(6) Continuation of health care coverage. (a) Option to continue coverage.
9Notwithstanding s. 632.897, if a person who has coverage under a health benefit plan
10in connection with the person's employment is absent from a position of employment
11because of active service, the insurer that issued the health benefit plan shall permit
12the person, and the person's dependents, to continue coverage under the health
13benefit plan until the first to occur of the following:
AB572,16,1514 1. Eighteen months have elapsed since the person's absence from the position
15of employment began.
AB572,16,1716 2. The day after the date on which the person is required under sub. (3) (e) to
17report to the employer or apply for reemployment.
AB572,16,2418 (b) Payment of premiums. A person who elects to continue coverage under par.
19(a) and who is absent from a position of employment for 30 days or less may not be
20required to pay more than the employee share, if any, of the cost of the coverage. A
21person who elects to continue coverage under par. (a) and who is absent from a
22position of employment for more than 30 days may be required to pay up to 102% of
23the full premium for that coverage for the period of continued coverage that exceeds
2430 days.
AB572,17,8
1(c) Reinstatement on reemployment. If a person's coverage under a health
2benefit plan in connection with his or her employment was terminated because of the
3person's active service and if after returning from that active service the person is
4reemployed under sub. (3), coverage under the health benefit plan shall be reinstated
5for the person and the person's dependents immediately upon reemployment. With
6respect to the reinstated coverage, no exclusion or waiting period may be imposed
7that would not have been imposed had the coverage not been terminated because of
8the active service.
AB572,17,23 9(7) Enforcement. (a) Complaint. Any person who believes that his or her
10employer has failed or refused, or is about to fail or refuse, to provide to the person
11any reemployment right or benefit to which the person is entitled under this section
12may file a complaint with the adjutant general, in such form as the adjutant general
13may prescribe by rule, summarizing the allegations that form the basis of the
14complaint. The adjutant general shall investigate the complaint and, if the adjutant
15general is reasonably satisfied that the person is entitled to the rights or benefits
16sought, the adjutant general shall endeavor to resolve the complaint by conference,
17conciliation, or persuasion. If the adjutant general is not reasonably satisfied that
18the person is entitled to the rights or benefits sought, the adjutant general may
19refuse to endeavor to resolve the complaint and shall notify the person who filed the
20complaint that the person may proceed under par. (b) 2. to enforce the person's rights
21under this section. If the adjutant general is not able to resolve the complaint, the
22adjutant general shall notify the person who filed the complaint that the person may
23proceed under par. (b) 1. or 2. to enforce the person's rights under this section.
AB572,18,624 (b) Enforcement procedures. 1. A person who receives notification under par.
25(a) that the adjutant general was unable to resolve the person's complaint may

1request the adjutant general to refer the complaint to counsel, which may include the
2attorney general, appointed by the governor on the recommendation of the adjutant
3general for the purpose of prosecuting complaints under this subdivision who shall
4file a complaint for appropriate relief with the department of workforce development
5or, if the person is an employee of a state agency, as defined in s. 111.32 (6) (a), the
6personnel commission.
AB572,18,137 2. Subdivision 1. does not preclude a person who has chosen not to file a
8complaint with the adjutant general under par. (a), whose complaint the adjutant
9general has refused to endeavor to resolve under par. (a), or who has chosen not to
10request the adjutant general to refer his or her complaint to counsel under subd. 1.
11from filing a complaint for appropriate relief with the department of workforce
12development or, if the person is an employee of a state agency, with the personnel
13commission.
AB572,18,1614 3. The department of workforce development or the personnel commission shall
15process a complaint filed under subd. 1. or 2. in the same manner that employment
16discrimination complaints are processed under s. 111.39.
AB572,18,2017 (c) Retaliation prohibited. An employer may not discharge or otherwise
18discriminate against any person for filing a complaint or attempting to enforce a
19right provided under this section or for testifying or assisting in any action or
20proceeding to enforce a right provided under this section.
AB572,19,221 (d) Remedies. If the department of workforce development or the personnel
22commission finds that an employer has failed or refused, or is about to fail or refuse,
23to provide any reemployment right or benefit to which a person is entitled under this
24section or has discharged or otherwise discriminated against any person in violation

1of par. (c), the department of workforce development or the personnel commission
2may order the employer to do any one or more of the following:
AB572,19,43 1. Take such action as will fully vindicate the rights and benefits of the person
4under this section.
AB572,19,75 2. Compensate the person for any loss of wages, salary, or other benefits
6suffered because of the failure or refusal to provide reemployment rights or benefits
7under this section or the discharge or other discrimination.
AB572,19,128 3. Pay the person, as liquidated damages, an amount that is equal to the
9amount ordered under subd. 2. if the department of workforce development or the
10personnel commission finds that the failure or refusal to provide reemployment
11rights or benefits under this section or the discharge or other discrimination was
12willful.
AB572,19,1413 4. Pay the person costs and reasonable actual attorney fees, if the person is not
14represented by counsel appointed under par. (b) 1.
AB572,19,16 15(8) Rules. The department of military affairs shall promulgate rules
16implementing this section.
AB572, s. 2 17Section 2. 106.54 (7) of the statutes is created to read:
AB572,19,2018 106.54 (7) The division shall receive complaints under s. 21.80 (7) (b) 1. or 2.
19and shall process the complaints in the same manner that employment
20discrimination complaints are processed under s. 111.39.
AB572, s. 3 21Section 3. 111.91 (2) (gm) of the statutes is created to read:
AB572,19,2222 111.91 (2) (gm) Reemployment rights of employees under s. 230.32 (7).
AB572, s. 4 23Section 4. 230.32 (7) of the statutes is created to read:
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