1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to state government; reinstating legislative review of compensation plans |
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3 | 3 | | 1.3 and salaries; amending Minnesota Statutes 2024, sections 3.855, subdivisions 2, |
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4 | 4 | | 1.4 3, 6; 43A.05, subdivision 3; 43A.18, subdivisions 2, 3, 9. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 3.855, subdivision 2, is amended to read: |
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7 | 7 | | 1.7 Subd. 2.Unrepresented state employee compensation.(a) The commissioner of |
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8 | 8 | | 1.8management and budget shall submit to the chair of the commission any compensation |
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9 | 9 | | 1.9plans or salaries prepared under section 43A.18, subdivisions 2, 3, 3b, and 4. The chancellor |
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10 | 10 | | 1.10of the Minnesota State Colleges and Universities shall submit any compensation plan under |
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11 | 11 | | 1.11section 43A.18, subdivision 3a. If the commission disapproves a compensation plan or |
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12 | 12 | | 1.12salary, the commission must specify in writing to the parties the portions of the compensation |
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13 | 13 | | 1.13plan or salaries with which the commission disagrees and the commission's reasons for |
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14 | 14 | | 1.14disapproval. If the commission approves a compensation plan or salary, the commission |
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15 | 15 | | 1.15must submit the compensation plan or salaries to the legislature to be accepted or rejected |
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16 | 16 | | 1.16under this section. |
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17 | 17 | | 1.17 (b) When the legislature is not in session, the commission may give interim approval to |
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18 | 18 | | 1.18a salary or compensation plan. The commission must submit the approved salaries and |
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19 | 19 | | 1.19compensation plans to the entire legislature for ratification at a special legislative session |
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20 | 20 | | 1.20called to consider the salary and compensation plans or at the next regular legislative session. |
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21 | 21 | | 1.21The commission's approval or disapproval is not binding on the legislature. |
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22 | 22 | | 1.22 (b) (c) When the legislature is not in session, the proposed salary or compensation plan |
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23 | 23 | | 1.23must be implemented upon its submission to approval by the commission, and state |
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24 | 24 | | 1Section 1. |
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25 | 25 | | 25-04724 as introduced03/19/25 REVISOR RSI/HL |
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26 | 26 | | SENATE |
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27 | 27 | | STATE OF MINNESOTA |
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28 | 28 | | S.F. No. 3431NINETY-FOURTH SESSION |
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29 | 29 | | (SENATE AUTHORS: MCEWEN) |
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30 | 30 | | OFFICIAL STATUSD-PGDATE |
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31 | 31 | | Introduction and first reading04/24/2025 |
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32 | 32 | | Referred to State and Local Government 2.1employees covered by the proposed plan or salary do not have the right to strike while the |
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33 | 33 | | 2.2interim approval is in effect. |
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34 | 34 | | 2.3 Sec. 2. Minnesota Statutes 2024, section 3.855, subdivision 3, is amended to read: |
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35 | 35 | | 2.4 Subd. 3.Other salary and compensation plan salaries and compensation plans.The |
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36 | 36 | | 2.5commission shall: |
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37 | 37 | | 2.6 (1) review and approve or reject a plan for compensation and the terms and conditions |
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38 | 38 | | 2.7of employment prepared and submitted by the commissioner of management and budget |
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39 | 39 | | 2.8under section 43A.18, subdivision 2, covering all state employees who are not represented |
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40 | 40 | | 2.9by an exclusive bargaining representative and whose compensation is not provided for by |
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41 | 41 | | 2.10chapter 43A or other law; |
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42 | 42 | | 2.11 (2) review and approve or reject a plan for total compensation and the terms and |
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43 | 43 | | 2.12conditions of employment for employees in positions identified as managerial under section |
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44 | 44 | | 2.1343A.18, subdivision 3, whose salaries and benefits are not otherwise provided for in law or |
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45 | 45 | | 2.14other plans established under chapter 43A; |
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46 | 46 | | 2.15 (3) review and approve or reject recommendations for salary range of officials of higher |
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47 | 47 | | 2.16education systems under section 15A.081, subdivision 7c; |
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48 | 48 | | 2.17 (4) review and approve or reject plans for compensation, terms, and conditions of |
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49 | 49 | | 2.18employment proposed under section 43A.18, subdivisions 3a, 3b, and 4; and |
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50 | 50 | | 2.19 (5) review and approve or reject the plan for compensation, terms, and conditions of |
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51 | 51 | | 2.20employment of classified employees in the office of the legislative auditor under section |
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52 | 52 | | 2.213.971, subdivision 2. |
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53 | 53 | | 2.22 Sec. 3. Minnesota Statutes 2024, section 3.855, subdivision 6, is amended to read: |
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54 | 54 | | 2.23 Subd. 6.Information required; collective bargaining agreements, memoranda of |
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55 | 55 | | 2.24understanding, and interest arbitration awards.Within 14 days after the implementation |
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56 | 56 | | 2.25of a collective bargaining agreement, memorandum of understanding, compensation plan, |
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57 | 57 | | 2.26or receipt of an interest arbitration award, the commissioner of management and budget |
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58 | 58 | | 2.27must submit to the Legislative Coordinating Commission the following: |
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59 | 59 | | 2.28 (1) a copy of the collective bargaining agreement or compensation plan showing changes |
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60 | 60 | | 2.29from previous agreements and a copy of the executed agreement; |
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61 | 61 | | 2.30 (2) a copy of any memorandum of understanding that has a fiscal impact or interest |
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62 | 62 | | 2.31arbitration award; |
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63 | 63 | | 2Sec. 3. |
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64 | 64 | | 25-04724 as introduced03/19/25 REVISOR RSI/HL 3.1 (3) a comparison of biennial compensation costs under the current agreement or plan to |
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65 | 65 | | 3.2the projected biennial compensation costs under the new agreement, memorandum of |
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66 | 66 | | 3.3understanding, or interest arbitration award; and |
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67 | 67 | | 3.4 (4) a comparison of biennial compensation costs under the current agreement or plan to |
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68 | 68 | | 3.5the projected biennial compensation costs for the following biennium under the new |
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69 | 69 | | 3.6agreement, memorandum of understanding, or interest arbitration award. |
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70 | 70 | | 3.7 Sec. 4. Minnesota Statutes 2024, section 43A.05, subdivision 3, is amended to read: |
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71 | 71 | | 3.8 Subd. 3.Commissioner's plan.The commissioner shall periodically develop and |
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72 | 72 | | 3.9establish pursuant to this chapter a commissioner's plan. The commissioner shall submit |
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73 | 73 | | 3.10the plan before the plan becomes effective to the Legislative Coordinating Commission for |
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74 | 74 | | 3.11approval. |
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75 | 75 | | 3.12 Sec. 5. Minnesota Statutes 2024, section 43A.18, subdivision 2, is amended to read: |
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76 | 76 | | 3.13 Subd. 2.Commissioner's plan.Except as provided in section 43A.01, the compensation, |
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77 | 77 | | 3.14terms and conditions of employment for all classified and unclassified employees, except |
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78 | 78 | | 3.15unclassified employees in the legislative and judicial branches, who are not covered by a |
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79 | 79 | | 3.16collective bargaining agreement and not otherwise provided for in chapter 43A or other law |
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80 | 80 | | 3.17are governed solely by a plan developed by the commissioner. The Legislative Coordinating |
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81 | 81 | | 3.18Commission shall review and approve, reject, or modify the plan under section 3.855, |
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82 | 82 | | 3.19subdivision 2. The plan need not be adopted in accordance with the rulemaking provisions |
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83 | 83 | | 3.20of chapter 14. |
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84 | 84 | | 3.21 Sec. 6. Minnesota Statutes 2024, section 43A.18, subdivision 3, is amended to read: |
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85 | 85 | | 3.22 Subd. 3.Managerial plan.(a) The commissioner shall identify individual positions or |
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86 | 86 | | 3.23groups of positions in the classified and unclassified service in the executive branch as being |
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87 | 87 | | 3.24managerial. The list must not include positions listed in subdivision 4. |
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88 | 88 | | 3.25 (b) The commissioner shall periodically prepare a plan for total compensation and terms |
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89 | 89 | | 3.26and conditions of employment for employees of those positions identified as being managerial |
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90 | 90 | | 3.27and whose salaries and benefits are not otherwise provided for in law or other plans |
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91 | 91 | | 3.28established under this chapter. Before becoming effective those portions of the plan |
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92 | 92 | | 3.29establishing compensation and terms and conditions of employment must be submitted to |
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93 | 93 | | 3.30reviewed and approved or modified by the Legislative Coordinating Commission and the |
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94 | 94 | | 3.31legislature under section 3.855, subdivisions 2 and 3. |
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95 | 95 | | 3Sec. 6. |
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96 | 96 | | 25-04724 as introduced03/19/25 REVISOR RSI/HL 4.1 (c) Incumbents of managerial positions as identified under this subdivision must be |
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97 | 97 | | 4.2excluded from any bargaining units under chapter 179A. |
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98 | 98 | | 4.3 (d) The management compensation plan must provide methods and levels of |
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99 | 99 | | 4.4compensation for managers that will be generally comparable to those applicable to managers |
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100 | 100 | | 4.5in other public and private employment. The plan must ensure that compensation within |
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101 | 101 | | 4.6assigned salary ranges is related to level of performance. The plan must also provide a |
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102 | 102 | | 4.7procedure for establishment of a salary rate for a newly created position and a new appointee |
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103 | 103 | | 4.8to an existing position and for progression through assigned salary ranges. The employee |
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104 | 104 | | 4.9benefits established under the provisions of the managerial plan may be extended to agency |
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105 | 105 | | 4.10heads whose salaries are established in section 15A.0815 and to constitutional officers, |
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106 | 106 | | 4.11judges of the Workers' Compensation Court of Appeals, and Tax Court judges. |
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107 | 107 | | 4.12 Sec. 7. Minnesota Statutes 2024, section 43A.18, subdivision 9, is amended to read: |
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108 | 108 | | 4.13 Subd. 9.Summary information on website.Before the commissioner submits a |
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109 | 109 | | 4.14proposed collective bargaining agreement, arbitration award, or compensation plan to the |
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110 | 110 | | 4.15Legislative Coordinating Commission for review under section 3.855, the commissioner |
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111 | 111 | | 4.16must post on a state website a summary of the proposed agreement, award, or plan. The |
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112 | 112 | | 4.17summary must include the amount of and nature of proposed changes in employee |
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113 | 113 | | 4.18compensation, the estimated cost to the state of proposed changes in employee compensation, |
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114 | 114 | | 4.19and a description of proposed significant changes in policy. After approval of an agreement, |
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115 | 115 | | 4.20award, or plan by the Legislative Coordinating Commission, the commissioner must provide |
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116 | 116 | | 4.21a link from the commissioner's summary to the full text of the agreement, award, or plan. |
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117 | 117 | | 4.22The summary must remain on the website at least until the full legislature has approved the |
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118 | 118 | | 4.23agreement, award, or plan. This section also applies to agreements, awards, and plans |
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119 | 119 | | 4.24covering employees of the Minnesota State Colleges and Universities and to compensation |
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120 | 120 | | 4.25plans that must be submitted to the Legislative Coordinating Commission by other executive |
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121 | 121 | | 4.26appointing authorities. The Minnesota State Colleges and Universities and other executive |
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122 | 122 | | 4.27appointing authorities must submit information to the commissioner, at a time and in a |
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123 | 123 | | 4.28manner specified by the commissioner, so the commissioner can post information relating |
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124 | 124 | | 4.29to these appointing authorities on the web as required by this section. |
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125 | 125 | | 4.30 Sec. 8. REVIVAL AND REENACTMENT . |
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126 | 126 | | 4.31 Minnesota Statutes 2023 Supplement, section 3.855, subdivision 5, is revived and |
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127 | 127 | | 4.32reenacted effective retroactively from May 24, 2024. Any time frames within or dependent |
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128 | 128 | | 4Sec. 8. |
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129 | 129 | | 25-04724 as introduced03/19/25 REVISOR RSI/HL 5.1on the subdivision are based on the original effective date in Laws 2019, First Special |
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130 | 130 | | 5.2Session chapter 10, article 2, section 1. |
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131 | 131 | | 5Sec. 8. |
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132 | 132 | | 25-04724 as introduced03/19/25 REVISOR RSI/HL |
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