SB666,42,98 111.05 (7) Employees under s. 111.02 (6) (am) shall comprise a single collective
9bargaining unit.
SB666,92 10Section 92. 111.06 (1) (d) of the statutes is amended to read:
SB666,42,1811 111.06 (1) (d) To refuse to bargain collectively with the representative of a
12majority of the employer's employees in any collective bargaining unit with respect
13to representation or terms and conditions of employment, except as provided under
14ss. 111.05 (5) and 111.17 (2);
provided, however, that where an employer files with
15the commission a petition requesting a determination as to majority representation,
16the employer shall not be deemed to have has not refused to bargain until an election
17has been held and the commission has certified the result thereof has been certified
18to the employer by the commission.
SB666,93 19Section 93. 111.06 (1) (m) of the statutes is created to read:
SB666,42,2120 111.06 (1) (m) To fail to give the notice of intention to engage in a lockout
21provided in s. 111.115 (2).
SB666,94 22Section 94. 111.06 (2) (i) of the statutes is amended to read:
SB666,42,2423 111.06 (2) (i) To fail to give the notice of intention to engage in a strike provided
24in s. 111.115 (2) or (3).
SB666,95 25Section 95. 111.115 (title) of the statutes is amended to read:
SB666,43,1
1111.115 (title) Notice of certain proposed lockouts or strikes.
SB666,96 2Section 96. 111.115 (1) of the statutes is renumbered 111.115 (1) (intro.) and
3amended to read:
SB666,43,44 111.115 (1) (intro.) In this section, "strike" subsection:
SB666,43,8 5(b) "Strike" includes any concerted stoppage of work by employees, and any
6concerted slowdown or other concerted interruption of operations or services by
7employees, or any concerted refusal of employees to work or perform their usual
8duties as employees, for the purpose of enforcing demands upon an employer.
SB666,97 9Section 97. 111.115 (1) (a) of the statutes is created to read:
SB666,43,1510 111.115 (1) (a) "Lockout" means the barring of any employee from employment
11in an establishment by an employer as a part of a labor dispute, which is not directly
12subsequent to a strike or other job action of a labor organization or group of
13employees of the employer, or which continues or occurs after the termination of a
14strike or other job action of a labor organization or group of employees of the
15employer.
SB666,98 16Section 98. 111.115 (2) of the statutes is created to read:
SB666,43,2417 111.115 (2) If no collective bargaining agreement is in effect between the
18University of Wisconsin Hospitals and Clinics Authority and the recognized or
19certified representative of employees of that authority in a collective bargaining unit,
20the employer may not engage in a lockout affecting employees in that collective
21bargaining unit without first giving 10 days' written notice to the representative of
22its intention to engage in a lockout, and the representative may not engage in a strike
23without first giving 10 days' written notice to the employer of its intention to engage
24in a strike.
SB666,99
1Section 99. 111.17 of the statutes is renumbered 111.17 (intro.) and amended
2to read:
SB666,44,5 3111.17 Conflict of provisions; effect. (intro.) Wherever the application of
4the provisions of other statutes or laws conflict with the application of the provisions
5of this subchapter, this subchapter shall prevail, except that in for the following:
SB666,44,7 6(1) In any situation where in which the provisions of this subchapter cannot
7be validly enforced the provisions of such other statutes or laws shall apply.
SB666,100 8Section 100. 111.17 (2) of the statutes is created to read:
SB666,44,199 111.17 (2) All fringe benefits authorized or required to be provided by the
10University of Wisconsin Hospitals and Clinics Authority to its employees under ch.
1140 are governed exclusively by ch. 40, except that if any provision of ch. 40 specifically
12permits a collective bargaining agreement under this subchapter to govern the
13eligibility for or the application, cost, or terms of a fringe benefit under ch. 40, or
14provides that the eligibility for or the application, cost, or terms of a fringe benefit
15under ch. 40 is governed by a collective bargaining agreement under this subchapter,
16such a provision in a collective bargaining agreement supersedes any provision of ch.
1740 with respect to the employees to whom the agreement applies. The employer is
18prohibited from engaging in collective bargaining concerning any matter governed
19exclusively by ch. 40 under this subsection.
SB666,101 20Section 101. 111.70 (1) (a) of the statutes is amended to read:
SB666,45,1021 111.70 (1) (a) "Collective bargaining" means the performance of the mutual
22obligation of a municipal employer, through its officers and agents, and the
23representative of its municipal employees in a collective bargaining unit, to meet and
24confer at reasonable times, in good faith, with the intention of reaching an
25agreement, or to resolve questions arising under such an agreement, with respect to

1wages, hours, and conditions of employment for public safety employees or transit
2employees and with respect to wages for general municipal employees
, and with
3respect to a requirement of the municipal employer for a municipal employee to
4perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13
5(2e) and for a school district with respect to any matter under sub. (4) (n), except as
6provided in sub. subs. (3m), (3p), and (4) (mb) (m) and (mc) and s. 40.81 (3) and except
7that a municipal employer shall not meet and confer with respect to any proposal to
8diminish or abridge the rights guaranteed to any public safety municipal employees
9under ch. 164. Collective bargaining includes the reduction of any agreement
10reached to a written and signed document.
SB666,102 11Section 102. 111.70 (1) (cm) of the statutes is repealed.
SB666,103 12Section 103. 111.70 (1) (f) of the statutes is amended to read:
SB666,45,1813 111.70 (1) (f) "Fair-share agreement" means an agreement between a
14municipal employer and a labor organization that represents public safety
15employees or transit employees
under which all or any of the public safety municipal
16employees or transit employees in the collective bargaining unit are required to pay
17their proportionate share of the cost of the collective bargaining process and contract
18administration measured by the amount of dues uniformly required of all members.
SB666,104 19Section 104. 111.70 (1) (fm) of the statutes is repealed.
SB666,105 20Section 105. 111.70 (1) (j) of the statutes is amended to read:
SB666,46,221 111.70 (1) (j) "Municipal employer" means any city, county, village, town,
22metropolitan sewerage district, school district, long-term care district, local cultural
23arts district created under subch. V of ch. 229,
or any other political subdivision of
24the state, or instrumentality of one or more political subdivisions of the state, that
25engages the services of an employee and includes any person acting on behalf of a

1municipal employer within the scope of the person's authority, express or implied,
2but does not include a local cultural arts district created under subch. V of ch. 229
.
SB666,106 3Section 106. 111.70 (1) (n) of the statutes is amended to read:
SB666,46,74 111.70 (1) (n) "Referendum" means a proceeding conducted by the commission
5in which public safety employees or transit municipal employees in a collective
6bargaining unit may cast a secret ballot on the question of authorizing a labor
7organization and the employer to continue a fair-share agreement.
SB666,107 8Section 107. 111.70 (1g) of the statutes is created to read:
SB666,46,169 111.70 (1g) Declaration of policy. (a) The public policy of the state as to labor
10disputes arising in municipal employment is to encourage voluntary settlement
11through the procedures of collective bargaining. Accordingly, it is in the public
12interest that municipal employees be given an opportunity to bargain collectively
13with the municipal employer through a labor organization or other representative
14of the employees' own choice. If such procedures fail, the parties should have
15available to them a fair, speedy, effective and, above all, peaceful procedure for
16settlement as provided in this subchapter.
SB666,46,2217 (b) In creating this subchapter the legislature recognizes that the municipal
18employer must exercise its powers and responsibilities to act for the government and
19good order of the jurisdiction which it serves, its commercial benefit and the health,
20safety, and welfare of the public to assure orderly operations and functions within its
21jurisdiction, subject to those rights secured to municipal employees by the
22constitutions of this state and of the United States and by this subchapter.
SB666,108 23Section 108. 111.70 (2) of the statutes is amended to read:
SB666,48,224 111.70 (2) Rights of municipal employees. Municipal employees have the right
25of self-organization, and the right to form, join, or assist labor organizations, to

1bargain collectively through representatives of their own choosing, and to engage in
2lawful, concerted activities for the purpose of collective bargaining or other mutual
3aid or protection. Municipal employees have the right to refrain from any and all
4such activities. A general municipal employee has the right to refrain from paying
5dues while remaining a member of a collective bargaining unit. A public safety
6employee or a transit employee, however,
except that an employee may be required
7to pay dues in the manner provided in a fair-share agreement; a fair-share
8agreement covering a public safety employee or a transit employee must contain a
9provision requiring
require the municipal employer to deduct the amount of dues as
10certified by the labor organization from the earnings of the employee affected by the
11fair-share agreement and to pay the amount deducted to the labor organization. A
12fair-share agreement covering a public safety employee or transit employee is
13subject to the right of the municipal employer or a labor organization to petition the
14commission to conduct a referendum. Such petition must be supported by proof that
15at least 30% of the employees in the collective bargaining unit desire that the
16fair-share agreement be terminated. Upon so finding, the commission shall conduct
17a referendum. If the continuation of the agreement is not supported by at least the
18majority of the eligible employees, it shall terminate. The commission shall declare
19suspend any fair-share agreement suspended upon such conditions and for such
20time as the commission decides whenever it finds that the labor organization
21involved has refused on the basis of race, color, sexual orientation, creed, or sex to
22receive as a member any public safety employee or transit employee of the municipal
23employer in the bargaining unit involved, and such agreement is subject to this duty
24of the commission. Any of the parties to such agreement or any public safety

1employee or transit
municipal employee covered by the agreement may come before
2the commission, as provided in s. 111.07, and ask the performance of this duty.
SB666,109 3Section 109. 111.70 (3) (a) 3. of the statutes is amended to read:
SB666,48,74 111.70 (3) (a) 3. To encourage or discourage a membership in any labor
5organization by discrimination in regard to hiring, tenure, or other terms or
6conditions of employment; but the prohibition shall not apply to a fair-share
7agreement that covers public safety employees or transit employees.
SB666,110 8Section 110. 111.70 (3) (a) 5. of the statutes is amended to read:
SB666,48,179 111.70 (3) (a) 5. To violate any collective bargaining agreement previously
10agreed upon by the parties with respect to wages, hours and conditions of
11employment affecting public safety employees or transit municipal employees,
12including an agreement to arbitrate questions arising as to the meaning or
13application of the terms of a collective bargaining agreement or to accept the terms
14of such arbitration award, where previously the parties have agreed to accept such
15award as final and binding upon them or to violate any collective bargaining
16agreement affecting general municipal employees, that was previously agreed upon
17by the parties with respect to wages
.
SB666,111 18Section 111. 111.70 (3) (a) 6. of the statutes is amended to read:
SB666,48,2519 111.70 (3) (a) 6. To deduct labor organization dues from the earnings of a public
20safety employee or a transit
municipal employee, unless the municipal employer has
21been presented with an individual order therefor, signed by the employee personally,
22and terminable by at least the end of any year of its life or earlier by the public safety
23employee or transit
municipal employee giving at least 30 days' written notice of such
24termination to the municipal employer and to the representative organization,
25except when a fair-share agreement is in effect.
SB666,112
1Section 112. 111.70 (3) (a) 7. of the statutes is created to read:
SB666,49,32 111.70 (3) (a) 7. To refuse or otherwise fail to implement an arbitration decision
3lawfully made under sub. (4) (cm).
SB666,113 4Section 113. 111.70 (3) (a) 7m. of the statutes is repealed.
SB666,114 5Section 114. 111.70 (3) (a) 9. of the statutes is amended to read:
SB666,49,96 111.70 (3) (a) 9. If the collective bargaining unit contains a public safety
7employee or transit employee, after
After a collective bargaining agreement expires
8and before another collective bargaining agreement takes effect, to fail to follow any
9fair-share agreement in the expired collective bargaining agreement.
SB666,115 10Section 115. 111.70 (3) (b) 6. of the statutes is created to read:
SB666,49,1211 111.70 (3) (b) 6. To refuse or otherwise fail to implement an arbitration decision
12lawfully made under sub. (4) (cm).
SB666,116 13Section 116. 111.70 (3) (b) 6m. of the statutes is repealed.
SB666,117 14Section 117. 111.70 (3g) of the statutes is repealed.
SB666,118 15Section 118. 111.70 (3m) of the statutes is created to read:
SB666,49,2116 111.70 (3m) Milwaukee County enrollment services unit. A collective
17bargaining agreement that covers municipal employees performing services for the
18Milwaukee County enrollment services unit under s. 49.825 must contain a provision
19that permits the terms of the agreement to be modified with respect to hours and
20conditions of employment by a memorandum of understanding under s. 49.825 (3)
21(b) 4.
SB666,119 22Section 119. 111.70 (3p) of the statutes is created to read:
SB666,50,223 111.70 (3p) Child care provider services unit. A collective bargaining
24agreement that covers municipal employees performing services for the child care
25provider services unit under s. 49.826 must contain a provision that permits the

1terms of the agreement to be modified with respect to hours and conditions of
2employment by a memorandum of understanding under s. 49.826 (3) (b) 4.
SB666,120 3Section 120. 111.70 (4) (c) (title) of the statutes is amended to read:
SB666,50,54 111.70 (4) (c) (title) Methods for peaceful settlement of disputes; public safety
5employees
law enforcement and fire fighting personnel.
SB666,121 6Section 121. 111.70 (4) (c) 1. of the statutes is renumbered 111.70 (4) (c) 1m.
7and amended to read:
SB666,50,138 111.70 (4) (c) 1m. `Mediation.' The commission may function as a mediator in
9labor disputes involving a collective bargaining unit containing a public safety
10employee
. Such mediation may be carried on by a person designated to act by the
11commission upon request of one or both of the parties or upon initiation of the
12commission. The function of the mediator is to encourage voluntary settlement by
13the parties but no mediator has the power of compulsion.
SB666,122 14Section 122. 111.70 (4) (c) 1g. of the statutes is created to read:
SB666,50,1615 111.70 (4) (c) 1g. `Applicability.' This paragraph applies only to municipal
16employees who are engaged in law enforcement or fire fighting functions.
SB666,123 17Section 123. 111.70 (4) (c) 2. of the statutes is amended to read:
SB666,50,2218 111.70 (4) (c) 2. `Arbitration.' Parties to a dispute pertaining to the meaning
19or application of the terms of a written collective bargaining agreement involving a
20collective bargaining unit containing a public safety employee
may agree in writing
21to have the commission or any other appropriate agency serve as arbitrator or may
22designate any other competent, impartial and disinterested person to so serve.
SB666,124 23Section 124. 111.70 (4) (c) 3. (intro.) of the statutes is amended to read:
SB666,51,624 111.70 (4) (c) 3. `Fact-finding.' (intro.) Unless s. 111.77 applies, if a dispute
25involving a collective bargaining unit containing a public safety employee has not

1been settled after a reasonable period of negotiation and after the settlement
2procedures, if any, established by the parties have been exhausted, and the parties
3are deadlocked with respect to any dispute between them arising in the collective
4bargaining process, either party, or the parties jointly, may petition the commission,
5in writing, to initiate fact-finding, and to make recommendations to resolve the
6deadlock, as follows:
SB666,125 7Section 125. 111.70 (4) (cg) of the statutes is repealed.
SB666,126 8Section 126. 111.70 (4) (cm) (title) of the statutes is amended to read:
SB666,51,109 111.70 (4) (cm) (title) Methods for peaceful settlement of disputes; general
10municipal employees
other personnel.
SB666,127 11Section 127. 111.70 (4) (cm) 1. of the statutes is renumbered 111.70 (4) (cm)
121m. and amended to read:
SB666,51,2313 111.70 (4) (cm) 1m. `Notice of commencement of contract negotiations.' For the
14purpose of advising the commission of the commencement of contract negotiations
15involving a collective bargaining unit containing general municipal employees,
16whenever either party requests the other to reopen negotiations under a binding
17collective bargaining agreement, or the parties otherwise commence negotiations if
18no such agreement exists, the party requesting negotiations shall immediately notify
19the commission in writing. Upon failure of the requesting party to provide such
20notice, the other party may so notify the commission. The notice shall specify the
21expiration date of the existing collective bargaining agreement, if any, and shall set
22forth any additional information the commission may require on a form provided by
23the commission.
SB666,128 24Section 128. 111.70 (4) (cm) 1g. of the statutes is created to read:
SB666,51,2525 111.70 (4) (cm) 1g. `Application.'
SB666,52,1
1a. Chapter 788 does not apply to arbitration proceedings under this paragraph.
SB666,52,32 b. This paragraph does not apply to labor disputes involving municipal
3employees who are engaged in law enforcement or fire fighting functions.
SB666,129 4Section 129. 111.70 (4) (cm) 2., 3. and 4. of the statutes are amended to read:
SB666,52,125 111.70 (4) (cm) 2. `Presentation of initial proposals; open meetings.' The
6meetings between parties to a collective bargaining agreement or proposed collective
7bargaining agreement under this subchapter that involve a collective bargaining
8unit containing a general municipal employee and that
are held for the purpose of
9presenting initial bargaining proposals, along with supporting rationale, shall be are
10open to the public. Each party shall submit its initial bargaining proposals to the
11other party in writing. Failure to comply with this subdivision is not cause to
12invalidate a collective bargaining agreement under this subchapter.
SB666,52,1713 3. `Mediation.' The commission or its designee shall function as mediator in
14labor disputes involving general municipal employees upon request of one or both of
15the parties, or upon initiation of the commission. The function of the mediator shall
16be to encourage voluntary settlement by the parties. No mediator has the power of
17compulsion.
SB666,52,2318 4. `Grievance arbitration.' Parties to a dispute pertaining to the meaning or
19application of the terms of a written collective bargaining agreement involving a
20collective bargaining unit containing a general municipal employee
may agree in
21writing to have the commission or any other appropriate agency serve as arbitrator
22or may designate any other competent, impartial and disinterested person to so
23serve.
SB666,130 24Section 130. 111.70 (4) (cm) 5. of the statutes is created to read:
SB666,53,12
1111.70 (4) (cm) 5. `Voluntary impasse resolution procedures.' In addition to the
2other impasse resolution procedures provided in this paragraph, a municipal
3employer and labor organization may, as a permissive subject of bargaining, agree
4in writing to a dispute settlement procedure, including authorization for a strike by
5municipal employees or binding interest arbitration, that is acceptable to the parties
6for resolving an impasse over terms of any collective bargaining agreement under
7this subchapter. The parties shall file a copy of the agreement with the commission.
8If the parties agree to any form of binding interest arbitration, the arbitrator shall
9give weight to the factors enumerated under subds. 7. and 7g. for a collective
10bargaining unit consisting of municipal employees who are not school district
11employees and under subd. 7r. for a collective bargaining unit consisting of municipal
12employees.
SB666,131 13Section 131. 111.70 (4) (cm) 6. of the statutes is created to read:
SB666,54,314 111.70 (4) (cm) 6. `Interest arbitration.' a. If in any collective bargaining unit
15a dispute relating to any issue has not been settled after a reasonable period of
16negotiation and after mediation by the commission under subd. 3. and other
17settlement procedures, if any, established by the parties have been exhausted, and
18the parties are deadlocked with respect to any dispute between them over wages,
19hours, or conditions of employment to be included in a new collective bargaining
20agreement, either party, or the parties jointly, may petition the commission, in
21writing, to initiate compulsory, final, and binding arbitration, as provided in this
22paragraph. At the time the petition is filed, the petitioning party shall submit in
23writing to the other party and the commission its preliminary final offer containing
24its latest proposals on all issues in dispute. Within 14 calendar days after the date
25of that submission, the other party shall submit in writing its preliminary final offer

1on all disputed issues to the petitioning party and the commission. If a petition is
2filed jointly, both parties shall exchange their preliminary final offers in writing and
3submit copies to the commission at the time the petition is filed.
SB666,55,184 am. Upon receipt of a petition to initiate arbitration, the commission shall
5investigate, with or without a formal hearing, whether arbitration should be
6commenced. If in determining whether an impasse exists the commission finds that
7the procedures under this paragraph have not been complied with and that the
8compliance would tend to result in a settlement, it may order compliance before
9ordering arbitration. The validity of any arbitration award or collective bargaining
10agreement is not affected by failure to comply with the procedures. Prior to the close
11of the investigation each party shall submit in writing to the commission its single
12final offer containing its final proposals on all issues in dispute that are subject to
13interest arbitration under this subdivision. If a party fails to submit a single final
14offer, the commission shall close the investigation based on the last written position
15of the party. Such final offers may include only mandatory subjects of bargaining,
16except that a permissive subject of bargaining may be included by a party if the other
17party does not object and shall then be treated as a mandatory subject. The parties
18shall also submit to the commission a written stipulation with respect to all matters
19that are agreed upon for inclusion in the new or amended collective bargaining
20agreement. The commission, after receiving a report from its investigator and
21determining that arbitration should be commenced, shall issue an order requiring
22arbitration and immediately submit to the parties a list of 7 arbitrators. The parties
23shall alternately strike names from the list until a single name is left, who shall be
24appointed as arbitrator. The petitioning party shall notify the commission in writing
25of the identity of the arbitrator selected. Upon receipt of the notice, the commission

1shall formally appoint the arbitrator and submit to him or her the final offers of the
2parties. The final offers are public documents and the commission shall make them
3available. In lieu of a single arbitrator and upon request of both parties, the
4commission shall appoint a tripartite arbitration panel consisting of one member
5selected by each of the parties and a neutral person designated by the commission
6who shall serve as a chairperson. An arbitration panel has the same powers and
7duties as provided in this section for any other appointed arbitrator, and all
8arbitration decisions by a panel shall be determined by majority vote. In place of
9selection of the arbitrator by the parties and upon request of both parties, the
10commission shall establish a procedure for randomly selecting names of arbitrators.
11Under the procedure, the commission shall submit a list of 7 arbitrators to the
12parties. Each party shall strike one name from the list. From the remaining 5
13names, the commission shall randomly appoint an arbitrator. Unless both parties
14to an arbitration proceeding otherwise agree in writing, every individual whose
15name is submitted by the commission for appointment as an arbitrator must be a
16resident of this state at the time of submission and every individual who is
17designated as an arbitration panel chairperson must be a resident of this state at the
18time of designation.
SB666,56,419 b. The arbitrator shall, within 10 days of his or her appointment, establish a
20date and place for the arbitration hearing. Upon petition of at least 5 citizens of the
21jurisdiction served by the municipal employer, filed within 10 days after the date on
22which the arbitrator is appointed, the arbitrator shall hold a public hearing in the
23jurisdiction to provide the opportunity to both parties to explain or present
24supporting arguments for their positions and to members of the public to offer their
25comments and suggestions. The final offers of the parties, as transmitted by the

1commission to the arbitrator, are the basis for any continued negotiations between
2the parties with respect to the issues in dispute. At any time prior to the arbitration
3hearing, either party, with the consent of the other party, may modify its final offer
4in writing.
SB666,56,145 c. Prior to the arbitration hearing, either party may, within a time limit
6established by the arbitrator, withdraw its final offer and any mutually agreed upon
7modifications and shall immediately provide written notice of any withdrawal to the
8other party, the arbitrator, and the commission. If both parties withdraw their final
9offers and mutually agreed upon modifications, the labor organization, after giving
1010 days' written notice to the municipal employer and the commission, may strike.
11Unless both parties withdraw their final offers and mutually agreed upon
12modifications, the final offer of neither party is considered withdrawn and the
13arbitrator shall proceed to resolve the dispute by final and binding arbitration as
14provided in this paragraph.
SB666,57,215 d. Before issuing his or her arbitration decision, the arbitrator shall, on his or
16her own motion or at the request of either party, conduct a meeting open to the public
17to provide to both parties the opportunity to explain or present supporting
18arguments for their complete offer on all matters to be covered by the proposed
19agreement. The arbitrator shall adopt without modification the final offer of one of
20the parties on all disputed issues submitted under subd. 6. am., except those items
21that the commission determines not to be mandatory subjects of bargaining and
22those items that have not been treated as mandatory subjects by the parties, and
23including any prior modifications of the offer mutually agreed upon by the parties
24under subd. 6. b. The decision is final and binding on both parties and shall be

1incorporated into a written collective bargaining agreement. The arbitrator shall
2serve a copy of his or her decision on both parties and the commission.
SB666,57,43 e. Arbitration proceedings may not be interrupted or terminated by reason of
4any prohibited practice complaint filed by either party at any time.
SB666,57,65 f. The parties shall equally divide the costs of arbitration. The arbitrator shall
6submit a statement of his or her costs to both parties and to the commission.
SB666,57,147 g. If a question arises as to whether any proposal made in negotiations by either
8party is a mandatory, permissive, or prohibited subject of bargaining, the
9commission shall determine the issue under par. (b). If either party to the dispute
10petitions the commission for a declaratory ruling under par. (b), the proceedings
11under subd. 6. c. and d. may not occur until the commission renders a decision in the
12matter and the decision is final. The arbitrator's award shall be made in accordance
13with the commission's ruling, subject to automatic amendment by any subsequent
14court reversal.
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