1 | 1 | | 25 LC 50 0977ER |
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2 | 2 | | House Bill 135 |
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3 | 3 | | By: Representatives Schofield of the 63 |
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4 | 4 | | rd |
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5 | 5 | | , Hugley of the 141 |
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6 | 6 | | st |
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7 | 7 | | , Burnough of the 77 |
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8 | 8 | | th |
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9 | 9 | | , Davis |
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10 | 10 | | of the 87 |
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11 | 11 | | th |
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12 | 12 | | , Bell of the 75 |
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13 | 13 | | th |
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14 | 14 | | , and others |
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15 | 15 | | A BILL TO BE ENTITLED |
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16 | 16 | | AN ACT |
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17 | 17 | | To amend Code Section 8-3-201 of the Official Code of Georgia Annotated, Article 1 of |
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18 | 18 | | 1 |
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19 | 19 | | Chapter 1 of Title 20 of the Official Code of Georgia Annotated, Chapter 1 of Title 34 of the2 |
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20 | 20 | | Official Code of Georgia Annotated, and Article 2 of Chapter 19 of Title 45 of the Official3 |
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21 | 21 | | Code of Georgia Annotated, relating to definitions relative to fair housing, general provisions4 |
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22 | 22 | | regarding education, general provisions regarding labor and industrial relations, and fair5 |
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23 | 23 | | employment practices, respectively, so as to prohibit discrimination based on hairstyles6 |
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24 | 24 | | associated with race, color, or national origin; to provide for definitions; to provide for a civil7 |
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25 | 25 | | cause of action; to provide for related matters; to repeal conflicting laws; and for other8 |
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26 | 26 | | purposes.9 |
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27 | 27 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 |
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28 | 28 | | SECTION 1.11 |
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29 | 29 | | Code Section 8-3-201 of the Official Code of Georgia Annotated, relating to definitions12 |
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30 | 30 | | relative to fair housing, is amended by adding new paragraphs and revising paragraphs (13),13 |
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31 | 31 | | (14), and (15) as follows:14 |
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32 | 32 | | "(13) 'Protective hairstyles' includes, but is not limited to, such hairstyles as braids, locs, |
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33 | 33 | | 15 |
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34 | 34 | | twists, or other textured hairstyles.16 |
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35 | 35 | | H. B. 135 |
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36 | 36 | | - 1 - 25 LC 50 0977ER |
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37 | 37 | | (14) 'Race' includes traits associated with race, color, or national origin, including, but17 |
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38 | 38 | | not limited to, hair texture and protective hairstyles.18 |
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39 | 39 | | (13)(15) 'Respondent' means:19 |
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40 | 40 | | (A) The person or other entity or the state or local government or agency accused in20 |
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41 | 41 | | a complaint of an unfair housing practice; and21 |
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42 | 42 | | (B) Any other person or entity identified in the course of an investigation and notified22 |
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43 | 43 | | as required with respect to respondents so identified under subsection (d) of Code23 |
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44 | 44 | | Section 8-3-207.24 |
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45 | 45 | | (14)(16) 'State' means the State of Georgia.25 |
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46 | 46 | | (15)(17) 'To rent' means to lease, to sublease, to let, and otherwise to grant for a26 |
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47 | 47 | | consideration the right to occupy premises not owned by the occupant."27 |
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48 | 48 | | SECTION 2.28 |
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49 | 49 | | Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to29 |
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50 | 50 | | general provisions regarding education, is amended by adding a new Code section to read30 |
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51 | 51 | | as follows:31 |
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52 | 52 | | "20-1-12.32 |
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53 | 53 | | (a) As used in this Code section, the term:33 |
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54 | 54 | | (1) 'Discrimination' means any direct or indirect act or practice of exclusion, distinction,34 |
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55 | 55 | | restriction, segregation, limitation, refusal, denial, or any other act or practice of35 |
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56 | 56 | | differentiation or preference in the treatment of a person or persons because of race,36 |
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57 | 57 | | color, religion, national origin, sex, handicap, or age or the aiding, abetting, inciting,37 |
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58 | 58 | | coercing, or compelling of such an act or practice. This term shall not include any direct38 |
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59 | 59 | | or indirect act or practice of exclusion, distinction, restriction, segregation, limitation,39 |
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60 | 60 | | refusal, denial, or any other act or practice of differentiation or preference in the treatment40 |
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61 | 61 | | of a person or persons because of religion if an educational institution demonstrates that41 |
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62 | 62 | | H. B. 135 |
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63 | 63 | | - 2 - 25 LC 50 0977ER |
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64 | 64 | | it is unable to accommodate reasonably an individual's religious observance or practice42 |
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65 | 65 | | without undue hardship on the conduct of the educational institution's operation.43 |
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66 | 66 | | (2) 'Protective hairstyle' means braids, locs, twists, or other textured hairdressing44 |
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67 | 67 | | associated with an individual's race, color, or national origin.45 |
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68 | 68 | | (3) 'Race' includes traits associated with race, color, or national origin, including, but not46 |
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69 | 69 | | limited to, hair texture and protective hairstyles.47 |
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70 | 70 | | (b) No individual shall be subjected to discrimination on the basis of such individual's race48 |
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71 | 71 | | due to a protective hairstyle in any program or activity conducted by an educational49 |
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72 | 72 | | institution that receives, or benefits from, state financial assistance, or enrolls pupils who50 |
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73 | 73 | | receive state student financial aid."51 |
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74 | 74 | | SECTION 3.52 |
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75 | 75 | | Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general53 |
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76 | 76 | | provisions regarding labor and industrial relations, is amended by adding a new Code section54 |
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77 | 77 | | to read as follows:55 |
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78 | 78 | | "34-1-11.56 |
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79 | 79 | | (a) As used in this Code section, the term:57 |
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80 | 80 | | (1) 'Discrimination' means any direct or indirect act or practice of exclusion, distinction,58 |
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81 | 81 | | restriction, segregation, limitation, refusal, denial, or any other act or practice of59 |
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82 | 82 | | differentiation or preference in the treatment of a person or persons because of race,60 |
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83 | 83 | | color, religion, national origin, sex, handicap, or age or the aiding, abetting, inciting,61 |
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84 | 84 | | coercing, or compelling of such an act or practice. This term shall not include any direct62 |
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85 | 85 | | or indirect act or practice of exclusion, distinction, restriction, segregation, limitation,63 |
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86 | 86 | | refusal, denial, or any other act or practice of differentiation or preference in the treatment64 |
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87 | 87 | | of a person or persons because of religion if an employer demonstrates that the employer65 |
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88 | 88 | | is unable to accommodate reasonably an employee's or prospective employee's religious66 |
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89 | 89 | | H. B. 135 |
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90 | 90 | | - 3 - 25 LC 50 0977ER |
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91 | 91 | | observance or practice without undue hardship on the conduct of the employer's67 |
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92 | 92 | | operation.68 |
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93 | 93 | | (2) 'Employer' means any individual or entity that employs one or more employees.69 |
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94 | 94 | | (3) 'Protective hairstyle' means braids, locs, twists, or other natural, textured hairdressing70 |
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95 | 95 | | associated with an individual's race, color, or national origin.71 |
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96 | 96 | | (4) 'Race' includes traits associated with race, color, or national origin, including, but not72 |
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97 | 97 | | limited to, hair texture and protective hairstyles.73 |
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98 | 98 | | (b) No employer shall fail or refuse to hire nor shall any employer discharge or74 |
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99 | 99 | | discriminate against any individual with respect to wages, rates of pay, hours, or other75 |
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100 | 100 | | terms and conditions of employment because of such individual's race due to a protective76 |
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101 | 101 | | hairstyle unless such protective hairstyle restricts such individual's ability to engage in the77 |
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102 | 102 | | particular job or occupation for which he or she is eligible.78 |
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103 | 103 | | (c) Any individual who is aggrieved by an alleged violation of this Code section may79 |
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104 | 104 | | institute a civil action against the persons engaged in such alleged violation. Such action80 |
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105 | 105 | | may be maintained in any court of competent jurisdiction and shall be commenced no later81 |
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106 | 106 | | than one year after the alleged violation occurred. The court may grant as relief, as it82 |
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107 | 107 | | deems appropriate, any permanent or temporary injunction, temporary restraining order,83 |
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108 | 108 | | or other order, including, but not limited to, the hiring or reinstatement of the plaintiff to84 |
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109 | 109 | | such individual's original position or an equivalent position, back pay, court costs, and85 |
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110 | 110 | | reasonable attorneys' fees."86 |
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111 | 111 | | SECTION 4.87 |
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112 | 112 | | Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to fair88 |
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113 | 113 | | employment practices, is amended by revising paragraph (6) of and adding new paragraphs89 |
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114 | 114 | | to Code Section 45-19-22, relating to definitions related to the "Fair Employment Practices90 |
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115 | 115 | | Act of 1978," to read as follows:91 |
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116 | 116 | | H. B. 135 |
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117 | 117 | | - 4 - 25 LC 50 0977ER |
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118 | 118 | | "(5.1) 'Labor organization' means an organization of any kind; agents of such92 |
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119 | 119 | | organization; an agency or employee representation committee, group, association, or93 |
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120 | 120 | | plan in which employees participate and which exists for the purpose, in whole or in part,94 |
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121 | 121 | | of dealing with employers concerning grievances, labor disputes, wages, rates of pay,95 |
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122 | 122 | | hours, or other terms or conditions of employment; or a conference, general committee,96 |
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123 | 123 | | joint or system board, or joint council so engaged which is subordinate to a national or97 |
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124 | 124 | | international labor organization.98 |
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125 | 125 | | (5.2) 'Protective hairstyles' includes, but is not limited to, such hairstyles as braids, locs,99 |
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126 | 126 | | and twists.100 |
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127 | 127 | | (6) 'Public employer' or 'employer' means any department, board, bureau, commission,101 |
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128 | 128 | | authority, or other agency of the state, or labor organization which employs 15 or more102 |
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129 | 129 | | employees within the state for each working day in each of 20 or more calendar weeks103 |
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130 | 130 | | in the current or preceding calendar year. A person elected to public office in this state104 |
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131 | 131 | | is a public employer with respect to persons holding positions or individuals applying for105 |
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132 | 132 | | positions which are subject to the state system of personnel administration created by106 |
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133 | 133 | | Chapter 20 of this title, including the rules and regulations promulgated by the State107 |
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134 | 134 | | Personnel Board or any personnel merit system of any agency or authority of this state. 108 |
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135 | 135 | | A person elected to public office in this state is not a public employer with respect to109 |
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136 | 136 | | persons holding positions or individuals applying for positions on such officer's personal110 |
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137 | 137 | | staff or on the policy-making level or as immediate advisers with respect to the exercise111 |
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138 | 138 | | of the constitutional or legal powers of the office held by such officer."112 |
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139 | 139 | | "(7.1) 'Race' is inclusive of traits associated with race, color, or national origin, including,113 |
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140 | 140 | | but not limited to, hair texture, hair type, and protective hairstyles."114 |
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141 | 141 | | SECTION 5.115 |
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142 | 142 | | All laws and parts of laws in conflict with this Act are repealed.116 |
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143 | 143 | | H. B. 135 |
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144 | 144 | | - 5 - |
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