An action taken by a governmental body in violation of this chapter is voidable. 244), Sec. 647, Sec. It answers common questions about the two . 551.084. HTML PDF. 1, eff. 814 (S.B. 884 (H.B. 25.071, eff. Who is subject to OMA? These protocols aim to ensure continuity of government operations and transparency in conducting public business when an emergency requires a governing body meeting to A Guide to the New Jersey Sunshine Law. (a) A member of a governmental body commits an offense if the member participates in a closed meeting of the governmental body knowing that a certified agenda of the closed meeting is not being kept or that a recording of the closed meeting is not being made. DELIBERATIONS INVOLVING MEDICAL OR PSYCHIATRIC RECORDS OF INDIVIDUALS. 268, Sec. 3, eff. Sept. 1, 1999. The "Sunshine Law," otherwise known as the Open Public Meetings Act (OPMA), gives the public the right to be present at meetings of public bodies and to witness in full detail the deliberation, policy formulation and decision making of public bodies. REQUIREMENT TO FIRST CONVENE IN OPEN MEETING. 158, Sec. (f) Nothing in this section is intended to preclude the application of the enforcement and remedies provisions of Subchapter G. Added by Acts 1999, 76th Leg., ch. Requirements . 1, eff. Attorney General, regarding St. 2022, c.107, which extended the remote meeting provisions of COVID-19 Order #1 to March 31, 2023. (b-3) A governmental body described by Subsection (b-1) that maintains an Internet site shall make available on that site, in a conspicuous manner: (1) the archived recording of each meeting to which Subsection (b-1) applies; or. 87 (S.B. January 1, 2006. PERSONNEL MATTERS AFFECTING COUNTY ADVISORY BODY; CLOSED MEETING. The minutes and recordings of an open meeting are public records and shall be available for public inspection and copying on request to the governmental body's chief administrative officer or the officer's designee. Added by Acts 1995, 74th Leg., ch. 551.125. Open Government Division Advisory During COVID-19 State of Public Health Emergency. (a) All public bodies shall keep written minutes of all. Your right to attend public meetings is protected. Added by Acts 2013, 83rd Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. The Director has promulgated emergency regulations codified as N.J.A.C. 1613), Sec. (a) This chapter does not require a school board to conduct an open meeting to deliberate a matter regarding a public school student if personally identifiable information about the student will necessarily be revealed by the deliberation. 630, Sec. Sec. Sec. (a) This section applies only to a governmental body or economic development corporation that maintains an Internet website or for which an Internet website is maintained. 551.091. (b) The board may hold an open meeting by telephone conference call or video conference call in order to consider a higher education impact statement if the preparation of a higher education impact statement by the board is to be provided under the rules of either the house of representatives or the senate. (3) if the governmental body makes a good-faith attempt to continuously post the notice on the Internet during the prescribed period, the notice physically posted at the location prescribed by this chapter must be readily accessible to the general public during normal business hours. PERSONNEL MATTERS; CLOSED MEETING. June 17, 2005. 165, Sec. 551.0725. 1233), Sec. September 1, 2005. The Open Meetings Act (OMA) took effect in 1977 and created a new structure for transparency and accountability for governmental decision making. Acts 2007, 80th Leg., R.S., Ch. Sec. May 18, 2013. The Act creates an exception to the 72-hour or 7-day posting requirements in the event of an emergency, which is defined . September 1, 2019. If this is done, the meeting is considered to be a regular meeting for all purposes. Added by Acts 2005, 79th Leg., Ch. SCHOOL CHILDREN; SCHOOL DISTRICT EMPLOYEES; DISCIPLINARY MATTER OR COMPLAINT. Added by Acts 2013, 83rd Leg., R.S., Ch. Amended by Acts 2001, 77th Leg., ch. The Open Meetings Act (OMA) is a state law, which provides the statutory guidelines for conducting public meetings. Added by Acts 2001, 77th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. September 1, 2015. 87 (S.B. The notice of a legislative committee meeting shall be as provided by the rules of the house of representatives or of the senate. 13, eff. 2, eff. (2) indicate each vote, order, decision, or other action taken. September 1, 2013. 2, eff. Amended by Acts 1999, 76th Leg., ch. 551.021. Added by Acts 1993, 73rd Leg., ch. 551.007. 984), Sec. 6, eff. Sec. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. (b) A municipal governmental body shall post notice of each meeting on a physical or electronic bulletin board at a place convenient to the public in the city hall. For expiration of this section, see Subsection (e). 3827), Sec. 5:39-1.1 through 1.7 that implement the new law. May 18, 2013. 268, Sec. Sept. 1, 2003. (a) In this section, "general academic teaching institution" and "university system" have the meanings assigned by Section 61.003, Education Code. chance meetings. (j) The audio and video signals perceptible by members of the public at each location of the meeting described by Subsection (h) must be of sufficient quality so that members of the public at each location can observe the demeanor and hear the voice of each participant in the open portion of the meeting. 1, eff. Aug. 30, 1999. THE FINANCE COMMISSION OF TEXAS. 1266, Sec. 314 Violations Misdemeanor Penalty, Oklahoma Department of Libraries Minutes; right to speak. 758 (H.B. The Nebraska Open Meetings Act guarantees that every meeting of a public body shall be open to the public in order that citizens may exercise their democratic privilege of attending and speaking at meetings of public bodies. 1, eff. 21.001(50), eff. Third, to conduct such meetings in open session, except where a . (7) "Recording" means a tangible medium on which audio or a combination of audio and video is recorded, including a disc, tape, wire, film, electronic storage drive, or other medium now existing or later developed. BOARD OF PARDONS AND PAROLES. A school district shall post notice of each meeting on a bulletin board at a place convenient to the public in the central administrative office of the district. 11, eff. 1325 (S.B. 925 (S.B. 471), Sec. September 1, 2009. 1, eff. 1969), Sec. Sec. Sept. 1, 1999. 1, eff. The handbook addresses when the Act applies, what constitutes reasonable notice and the application of the Act to informal gatherings. 1, eff. 551.102. 165 (S.B. The Act permits public bodies to discuss some topics confidentially. 471), Sec. 647, Sec. 1233), Sec. 462 (S.B. 87 (S.B. 1, eff. (c) The following governmental bodies and economic development corporations must also concurrently post the agenda for the meeting on the Internet website of the governmental body or economic development corporation: (1) a municipality with a population of 48,000 or more; (2) a county with a population of 65,000 or more; (3) a school district that contains all or part of the area within the corporate boundaries of a municipality with a population of 48,000 or more; (4) the governing body of a junior college district, including a district that has changed its name in accordance with Chapter 130, Education Code, that contains all or part of the area within the corporate boundaries of a municipality with a population of 48,000 or more; (5) a development corporation organized under the Development Corporation Act (Subtitle C1, Title 12, Local Government Code) that was created by or for: (A) a municipality with a population of 48,000 or more; or, (B) a county or district that contains all or part of the area within the corporate boundaries of a municipality with a population of 48,000 or more; and. (g) The governmental body shall make at least an audio recording of the meeting. 9.013, eff. Sec. The District of Columbia Open Meetings Act (OMA) requires that any gathering of a quorum of a public body where members consider, conduct or advise on public business offer the opportunity for the public to observe the meeting. DISTRICT OR POLITICAL SUBDIVISION EXTENDING INTO FOUR OR MORE COUNTIES: NOTICE TO PUBLIC, SECRETARY OF STATE, AND COUNTY CLERK; PLACE OF POSTING NOTICE. (3) the communication is displayed in real time and displayed on the online message board or similar Internet application for no less than 30 days after the communication is first posted. 228), Sec. The Michigan Open Meetings Act (OMA) requires meetings of a public body to be open to the public and held in a place available to the general public. (c) The online message board or similar Internet application described in Subsection (a) may only be used by members of the governmental body or staff members of the governmental body who have received specific authorization from a member of the governmental body. 190, Sec. MINUTES OR RECORDING OF OPEN MEETING REQUIRED. September 1, 2005. Emergency Meetings or Emergency Additions to the Agenda Posted for 1 hour before the meeting is convened Special Notice to news media of emergency By telephone, facsimile or electronic mail at least 1 hour before 551.041; 551.0411; 551.0415;551.042; 551.045 Posting requirements Shall post notice of each meeting on a bulletin board 679), Sec. 551.079. Added by Acts 1993, 73rd Leg., ch. 3, eff. Sept. 1, 1997. The face of each participant in the videoconference call, while that participant is speaking, shall be clearly visible, and the voice audible, to each other participant and, during the open portion of the meeting, to the members of the public in attendance at the physical location described by Subsection (e) and at any other location of the meeting that is open to the public. (a) This chapter does not require the board of trustees of the Texas growth fund to confer with one or more employees of the Texas growth fund or with a third party in an open meeting if the only purpose of the conference is to: (1) receive information from the employees of the Texas growth fund or the third party relating to an investment or a potential investment by the Texas growth fund in: (A) a private business entity, if disclosure of the information would give advantage to a competitor; or, (B) a business entity whose securities are publicly traded, if the investment or potential investment is not required to be registered under the Securities Exchange Act of 1934 (15 U.S.C. 3674), Sec. posting requirements in the event of an emergency, which is . 3357), Sec. 2, eff. Specifically, this extension allows public bodies to continue holding meetings remotely without a . 1084, Sec. Sec. MINUTES AND RECORDINGS OF OPEN MEETING: PUBLIC RECORD. 313 Actions Taken in Willful Violation of Act, 25 O.S. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. (b) A governmental body that is prevented from convening an open meeting that was otherwise properly posted under Section 551.041 because of a catastrophe may convene the meeting in a convenient location within 72 hours pursuant to Section 551.045 if the action is taken in good faith and not to circumvent this chapter. 462 (S.B. The secretary of state shall provide during regular office hours a computer terminal at a place convenient to the public in the office of the secretary of state that members of the public may use to view the notice. 3, eff. 2018), Sec. 1, eff. Sec. 3, eff. Sept. 1, 1997. 3, eff. 87 (S.B. The quality of the audio and video signals perceptible at each location of the meeting must meet or exceed those standards. (B) except as otherwise provided by this subdivision, a gathering: (i) that is conducted by the governmental body or for which the governmental body is responsible; (ii) at which a quorum of members of the governmental body is present; (iii) that has been called by the governmental body; and. Sec. Sec. (2) question the employees of the Texas growth fund or the third party regarding an investment or potential investment described by Subdivision (1), if disclosure of the information contained in the questions or answers would give advantage to a competitor. September 1, 2019. (c) A county clerk shall post a notice provided to the clerk under Subsection (a)(3) on a bulletin board at a place convenient to the public in the county courthouse. Acts 2007, 80th Leg., R.S., Ch. MEDICAL BOARD OR MEDICAL COMMITTEE. 1, eff. (4) members of the board of directors of a guaranty association established under Chapter 2602, Insurance Code, or Article 21.28-C or 21.28-D, Insurance Code. 2, eff. 551.104. (f) Each part of the telephone conference call meeting that is required to be open to the public must be: (1) audible to the public at the location specified in the notice of the meeting as the location of the meeting; (2) broadcast over the Internet in the manner prescribed by Section 551.128; and. In the next sentence, however, gatherings "for purely ministerial or social purposes" are not considered to be "meetings.". Only with prior approval from the City Attorney for an executive session is the posting requirement excepted. Acts 2013, 83rd Leg., R.S., Ch. 551.128. May 18, 2013. A board member who participates remotely in any portion of a board meeting by telephone conference call is considered to have participated in the entire board meeting by telephone conference call. Emergency Meetings 20 4. (d) This subsection applies only if a governmental body does not use simultaneous translation equipment in a manner that allows the body to hear the translated public testimony simultaneously. DELIBERATION REGARDING SECURITY DEVICES OR SECURITY AUDITS; CLOSED MEETING. 592), Sec. 2381), Sec. 1, eff. Sec. 1, eff. Open Government Hotline (512) 478-6736 Toll Free: (877) 673-6839 Public Information Act Handbook Download the Public Information Act Handbook (PDF) 551.144. Sec. Sec. GOVERNING BODY OF CERTAIN WATER DISTRICTS: INTERNET POSTING OF MEETING MATERIALS; RECORDING OF CERTAIN HEARINGS. (b-6) A governmental body described by Subsection (b-1) may broadcast a regularly scheduled open meeting of the body on television. 471), Sec. Ordinances, rules, resolutions, regulations, etc., adopted at public meetings Notice Secret voting prohibited. Sept. 1, 1999. COUNTY GOVERNMENTAL BODY: PLACE OF POSTING NOTICE. 1182), Sec. 551.0015. INSTITUTION OF HIGHER EDUCATION. 1, eff. Acts 2007, 80th Leg., R.S., Ch. May 18, 2013. This section does not apply to a governmental body described by Section 551.001(3)(D). (b) A meeting held by telephone conference call may be held only if: (1) an emergency or public necessity exists within the meaning of Section 551.045 of this chapter; and, (2) the convening at one location of a quorum of the governmental body is difficult or impossible; or. (2) either provide notice of each meeting to the county clerk of each county in which the district or political subdivision is located or post notice of each meeting on the district's or political subdivision's Internet website. (7) a joint board created under Section 22.074, Transportation Code. WRITTEN ELECTRONIC COMMUNICATIONS ACCESSIBLE TO PUBLIC. (a) The notice of a meeting of a governmental body must be posted in a place readily accessible to the general public at all times for at least 72 hours before the scheduled time of the meeting, except as provided by Sections 551.044-551.046. (2) the attorney advising the commission issues a written determination finding that deliberation in an open meeting would have a detrimental effect on the position of the state in negotiations with a third person and setting forth that finding therein. (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. This pamphlet concerns the provisions of the Ralph M. Brown Act, which govern open meetings for local government bodies. The term does not include the gathering of a quorum of a governmental body at a social function unrelated to the public business that is conducted by the body, the attendance by a quorum of a governmental body at a regional, state, or national convention or workshop, ceremonial event, or press conference, or the attendance by a quorum of a governmental body at a candidate forum, appearance, or debate to inform the electorate, if formal action is not taken and any discussion of public business is incidental to the social function, convention, workshop, ceremonial event, press conference, forum, appearance, or debate. 11.011, eff. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1993. Sec. (2) agreed to reimburse the governmental body for the cost of providing the special notice. 551.126 by Acts 1999, 76th Leg., ch. NOTICE OF MEETING REQUIRED. (a-1) A governmental body may not deliberate or take action on a matter at a meeting for which notice or supplemental notice is posted under Subsection (a) other than: (1) a matter directly related to responding to the emergency or urgent public necessity identified in the notice or supplemental notice of the meeting as provided by Subsection (c); or. City of Elkhorn v. (b) If this chapter specifically requires or allows a governmental body to post notice of a meeting on the Internet: (1) the governmental body satisfies the requirement that the notice must be posted in a place readily accessible to the general public at all times by making a good-faith attempt to continuously post the notice on the Internet during the prescribed period; (2) the governmental body must still comply with any duty imposed by this chapter to physically post the notice at a particular location; and. Added by Acts 1993, 73rd Leg., ch. This chapter does not require a governmental body to conduct an open meeting to deliberate a test item or information related to a test item if the governmental body believes that the test item may be included in a test the governmental body administers to individuals who seek to obtain or renew a license or certificate that is necessary to engage in an activity. 1078 (H.B. (b) The governing board of a general academic teaching institution or of a university system that includes one or more component general academic teaching institutions, for any regularly scheduled meeting of the governing board for which notice is required under this chapter, shall: (1) post as early as practicable in advance of the meeting on the Internet website of the institution or university system, as applicable, any written agenda and related supplemental written materials provided to the governing board members in advance of the meeting by the institution or system for the members' use during the meeting; (2) broadcast the meeting, other than any portions of the meeting closed to the public as authorized by law, over the Internet in the manner prescribed by Section 551.128; and. 551.131. The purpose of the presentation is to educate and assist New Mexicans regarding the importance of transparency and compliance, as well as the rights of the public under New Mexicos Sunshine Laws, the Open Meetings Act (OMA) and the Inspection of Public Records Act (IPRA). 679), Sec. 1, eff. 342 (H.B. (b) Notwithstanding Section 551.103(a), Government Code, the commissioners court must make a recording of the proceedings of a closed meeting to deliberate the information. 1, eff. 183 (H.B. 2840), Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. 1341 (S.B. (B) open meeting that is a work session or special called meeting if: (i) the governmental body is an elected school district board of trustees for a school district that has a student enrollment of 10,000 or more; and, (ii) at the work session or special called meeting, the board of trustees votes on any matter or allows public comment or testimony; and. May 23, 2015. SUBCHAPTER D. EXCEPTIONS TO REQUIREMENT THAT MEETINGS BE OPEN. May 18, 2013. GOVERNING BOARD OF JUNIOR COLLEGE DISTRICT: INTERNET POSTING OF MEETING MATERIALS AND BROADCAST OF OPEN MEETING. (a) A member of a governmental body commits an offense if the member: (1) knowingly engages in at least one communication among a series of communications that each occur outside of a meeting authorized by this chapter and that concern an issue within the jurisdiction of the governmental body in which the members engaging in the individual communications constitute fewer than a quorum of members but the members engaging in the series of communications constitute a quorum of members; and. (2) in which a complaint or charge is brought against an employee of the school district by another employee and the complaint or charge directly results in a need for a hearing. The governmental body is not required to establish a separate Internet site and provide access to archived recordings of meetings from that site. September 1, 2015. Sec. In Illinois, our most important transparency laws the Freedom of Information Act (FOIA) and the Open Meetings Act (OMA) - endeavor to open the workings of government to the public, shed light on government actions and, in the process, strengthen our democracy. 551.078. (c) The office of the attorney general or other entity providing the training shall provide a certificate of course completion to persons who complete the training required by this section. The governmental body may continue the meeting only if a quorum of the body remains present at the meeting location or, if applicable, continues to participate in a meeting conducted under Subsection (c). 11), Sec. 307.1 Videoconference Exceptions 455 (S.B. Failure to meet both requirements results in the action being invalid. 551.0501. 4910. (b) In litigation in a district court involving an alleged violation of this chapter, the court: (1) is entitled to make an in camera inspection of the certified agenda or recording; (2) may admit all or part of the certified agenda or recording as evidence, on entry of a final judgment; and. Oldham v. Drummond Bd. Sec. (c) It is a defense to prosecution under Subsection (a)(1) and an affirmative defense to a civil action under Subsection (a)(2) that: (1) the defendant had good reason to believe the disclosure was lawful; or. 1, eff. The Open Meeting Law encourages government transparency; however, the best practice is for public body members to avoid the use of electronic devices during meetings to discuss matters within the jurisdiction of the public body if those electronic communications are not shared with members of the public attending the meeting. 293), Sec. MEETING NOTICE REQUIREMENTS IN CERTAIN CIRCUMSTANCES. (1) A meeting is open to the public unless closed under Sections 52-4-204, 52-4-205, and 52-4-206. If the problem is not resolved in six hours or less, the meeting must be adjourned. 685 (H.B. June 17, 2011. May 18, 2013. Acts 2005, 79th Leg., Ch. SUBCHAPTER G. ENFORCEMENT AND REMEDIES; CRIMINAL VIOLATIONS. PUBLIC TESTIMONY. (3) record the broadcast and make that recording publicly available in an online archive located on the institution's or university system's Internet website. 2, eff. Amended by Acts 1997, 75th Leg., ch. This chapter does not require a governmental body to conduct an open meeting to deliberate: (1) the deployment, or specific occasions for implementation, of security personnel or devices; or. COMMISSIONERS COURTS: DELIBERATION REGARDING CONTRACT BEING NEGOTIATED; CLOSED MEETING. Sept. 1, 1993. Acts 2021, 87th Leg., R.S., Ch. (1976 Public Act 267, MCL 15.261 et seq.) 50, Sec. Sec. No. They establish the legal requirement that the decision . 1, eff. (b-4) A governmental body described by Subsection (b-1) shall: (1) make the archived recording of each meeting to which Subsection (b-1) applies available on the Internet not later than seven days after the date the recording was made; and. (c) It is an affirmative defense to prosecution under Subsection (a) that the member of the governmental body acted in reasonable reliance on a court order or a written interpretation of this chapter contained in an opinion of a court of record, the attorney general, or the attorney for the governmental body. Rev. Under KRS 15.257(1), the Office of the Attorney General distributes this written information to assist the public in understanding the Open Meetings and Open Records Acts, and public officials in The attorney general shall ensure that at least one course of training approved or provided by the attorney general is available on videotape or a functionally similar and widely available medium at no cost. The handbook addresses when the Act applies, what constitutes reasonable notice and the application of the Act to informal gatherings. 239), Sec. Sec. OTHER GOVERNMENTAL BODY. On July 16, 2022, Governor Baker signed into law An Act Relative to Extending Certain State of Emergency Accommodations, which, among other things, extends the expiration of the provisions pertaining to the Open Meeting Law to March 31, 2023. 1, eff. (d) A meeting held by telephone conference call must otherwise comply with the procedures under Sections 551.125(c), (d), (e), and (f). September 1, 2013. June 4, 2001. 1046, Sec. The open portions of the meeting must be audible to the public at the location where the quorum is present and be recorded at that location. Acts 2007, 80th Leg., R.S., Ch. (b) A governmental body may adopt reasonable rules to maintain order at a meeting, including rules relating to: (1) the location of recording equipment; and. (e) Each part of the telephone conference call meeting that is required to be open to the public shall be audible to the public at the location specified in the notice of the meeting as the location of the meeting and shall be recorded. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. For a meeting of the Texas Higher Education Coordinating Board, the notice must specify as the location of the meeting a suitable conference or meeting room at the offices of the Texas Higher Education Coordinating Board or at an institution of higher education. Acts 2013, 83rd Leg., R.S., Ch. See, e.g., Terrell v. Pampa Indep. May 22, 2007. 268, Sec. (a) This chapter does not require a school board to conduct an open meeting to deliberate in a case: (1) involving discipline of a public school child; or. 104 (S.B. Sec. May 18, 2013. (c) Subsection (b)(1) does not apply to written materials that the general counsel or other appropriate attorney for the institution or university system certifies are confidential or may be withheld from public disclosure under Chapter 552. Acts 2013, 83rd Leg., R.S., Ch. 842 (H.B. GOVERNING BODY OF MUNICIPALITY OR COUNTY: REPORTS ABOUT ITEMS OF COMMUNITY INTEREST REGARDING WHICH NO ACTION WILL BE TAKEN. The bill will amend New Mexico law to preclude a defendant charged with homicide from February 7, 2023 FOR IMMEDIATE RELEASE Albuquerque, NM Today the New Mexico Supreme Court agreed with our appeal and granted the States pretrial detention motion against Joe Anderson after the motion had originally been denied by a district judge Emeterio Rudolfo New Mexico Office of the Attorney General, State of New Mexico Office of the Attorney General. DISCLOSURE OF CERTIFIED AGENDA OR RECORDING OF CLOSED MEETING; OFFENSE; PENALTY; CIVIL LIABILITY. (C) at the discretion of the trier of fact, exemplary damages. (2) the attorney advising the commissioners court issues a written determination that deliberation in an open meeting would have a detrimental effect on the position of the commissioners court in negotiations with a third person. 551.103. Audio recording of open meetings of the state's political subdivisions are not required to be on the website, but must be otherwise available to the public. (2) the disclosure was the result of a mistake of fact concerning the nature or content of the certified agenda or recording. OPEN MEETINGS REQUIRED BY CHARTER. 1969), Sec. (b) Subsection (a) does not apply if an open hearing is requested in writing by a parent or guardian of the child or by the employee against whom the complaint or charge is brought. Following a catastrophe or breakdown, a governmental body must make all reasonable efforts to make the required recording available in a timely manner. (d) Subsection (a) does not apply to a consultation with an attorney who is an employee of the governmental body. Added by Acts 2009, 81st Leg., R.S., Ch. SCHOOL DISTRICT: SPECIAL NOTICE TO NEWS MEDIA. Sept. 1, 1993. 21.001(49), eff. 1, eff. The Brown Act is contained in section 54950 et seq. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch.

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