Full Text of HB6112 96th General Assembly
HB6112eng 96TH GENERAL ASSEMBLY
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LRB096 16066 RLC 35407 b |
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Prevailing Wage Act is amended by changing | 5 |
| Sections 2, 3, and 4 as follows:
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| (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
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| Sec. 2. This Act applies to the wages of laborers, | 8 |
| mechanics and
other workers employed in any public works, as | 9 |
| hereinafter defined, by
any public body and to anyone under | 10 |
| contracts for public works. This includes any maintenance, | 11 |
| repair, assembly, or disassembly work performed on equipment | 12 |
| whether owned, leased, or rented.
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| As used in this Act, unless the context indicates | 14 |
| otherwise:
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| "Public works" means all fixed works constructed or | 16 |
| demolished by
any public body,
or paid for wholly or in part | 17 |
| out of public funds. "Public works" as
defined herein includes | 18 |
| all projects financed in whole
or in part with bonds, grants, | 19 |
| loans, or other funds made available by or through the State or | 20 |
| any of its political subdivisions, including but not limited | 21 |
| to: bonds issued under the Industrial Project Revenue Bond
Act | 22 |
| (Article 11, Division 74 of the Illinois Municipal Code), the | 23 |
| Industrial
Building Revenue Bond Act, the Illinois Finance |
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| Authority Act,
the Illinois Sports Facilities Authority Act, or | 2 |
| the Build Illinois Bond Act; loans or other funds made
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| available pursuant to the Build Illinois Act; or funds from the | 4 |
| Fund for
Illinois' Future under Section 6z-47 of the State | 5 |
| Finance Act, funds for school
construction under Section 5 of | 6 |
| the General Obligation Bond Act, funds
authorized under Section | 7 |
| 3 of the School Construction Bond Act, funds for
school | 8 |
| infrastructure under Section 6z-45 of the State Finance Act, | 9 |
| and funds
for transportation purposes under Section 4 of the | 10 |
| General Obligation Bond
Act. "Public works" also includes all | 11 |
| projects financed in whole or in part
with funds from the | 12 |
| Department of Commerce and Economic Opportunity under the | 13 |
| Illinois Renewable Fuels Development Program
Act for which | 14 |
| there is no project labor agreement. "Public works" also | 15 |
| includes all projects at leased facility property used for | 16 |
| airport purposes under Section 35 of the Local Government | 17 |
| Facility Lease Act. "Public works" also includes the | 18 |
| construction of a new wind power facility by a business | 19 |
| designated as a High Impact Business under Section 5.5(a)(3)(E) | 20 |
| of the Illinois Enterprise Zone Act.
"Public works" does not | 21 |
| include work done directly by any public utility company, | 22 |
| whether or not done under public supervision or direction, or | 23 |
| paid for wholly or in part out of public funds. "Public works" | 24 |
| does not include projects undertaken by the owner at an | 25 |
| owner-occupied single-family residence or at an owner-occupied | 26 |
| unit of a multi-family residence.
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| "Construction" means all work on public works involving | 2 |
| laborers,
workers or mechanics. This includes any maintenance, | 3 |
| repair, assembly, or disassembly work performed on equipment | 4 |
| whether owned, leased, or rented.
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| "Locality" means the county where the physical work upon | 6 |
| public works
is performed, except (1) that if there is not | 7 |
| available in the county a
sufficient number of competent | 8 |
| skilled laborers, workers and mechanics
to construct the public | 9 |
| works efficiently and properly, "locality"
includes any other | 10 |
| county nearest the one in which the work or
construction is to | 11 |
| be performed and from which such persons may be
obtained in | 12 |
| sufficient numbers to perform the work and (2) that, with
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| respect to contracts for highway work with the Department of
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| Transportation of this State, "locality" may at the discretion | 15 |
| of the
Secretary of the Department of Transportation be | 16 |
| construed to include
two or more adjacent counties from which | 17 |
| workers may be accessible for
work on such construction.
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| "Public body" means the State or any officer, board or | 19 |
| commission of
the State or any political subdivision or | 20 |
| department thereof, or any
institution supported in whole or in | 21 |
| part by public funds,
and includes every county, city, town,
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| village, township, school district, irrigation, utility, | 23 |
| reclamation
improvement or other district and every other | 24 |
| political subdivision,
district or municipality of the state | 25 |
| whether such political
subdivision, municipality or district | 26 |
| operates under a special charter
or not.
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| The terms "general prevailing rate of hourly wages", | 2 |
| "general
prevailing rate of wages" or "prevailing rate of | 3 |
| wages" when used in
this Act mean the hourly cash wages plus | 4 |
| fringe benefits for training and
apprenticeship programs | 5 |
| approved by the U.S. Department of Labor, Bureau of
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| Apprenticeship and Training, health and welfare, insurance, | 7 |
| vacations and
pensions paid generally, in the
locality in which | 8 |
| the work is being performed, to employees engaged in
work of a | 9 |
| similar character on public works.
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| "Aggregate or excavated materials" includes, but is not | 11 |
| limited to, rock, gravel, sand, pebbles, dirt, soil, clay, | 12 |
| bitumen, cultured/polymer, cement, concrete, asphalt, slag, | 13 |
| grindings, and recycled materials. | 14 |
| A "stockpile" is aggregate or excavated materials that are | 15 |
| placed in a location for temporary storage when all or | 16 |
| substantially all of the aggregate or excavated material is | 17 |
| relocated by loading and hauling it to another location for | 18 |
| final placement. | 19 |
| "Trucking broker" means an individual or business entity, | 20 |
| the activities of which include, but are not limited to: | 21 |
| (1) contracting to provide trucking services in the | 22 |
| construction industry to users of such services; | 23 |
| (2) contracting to obtain such service from providers | 24 |
| of trucking services; | 25 |
| (3) dispatching the providers of the services to do | 26 |
| work as required by the users of the services; |
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| (4) receiving payment from the users in consideration | 2 |
| of the trucking services provided; and | 3 |
| (5) making payment to the providers for the services. | 4 |
| "Trucking firm" means any legal business entity that owns | 5 |
| one or more vehicles and hires the vehicles out for services to | 6 |
| trucking brokers or contractors on public works projects. | 7 |
| "Independent truck owner-operator" means an individual, | 8 |
| partnership, or principal stockholder of a corporation who owns | 9 |
| or holds a vehicle under lease and who contracts that vehicle | 10 |
| and the owner's services to an entity which provides | 11 |
| construction services to a public works project. | 12 |
| "Transportation of aggregate or excavated materials" means | 13 |
| any required hauling activities on the site of or to or from a | 14 |
| public works project or stockpile regardless of whether the | 15 |
| activity is performed by the prime contractor, subcontractor, | 16 |
| trucking broker, trucking firm, independent contractor, or | 17 |
| employee or agent of any of the foregoing entities, and | 18 |
| regardless of which entity or person hires or contracts with | 19 |
| another. The transportation of aggregate or excavated | 20 |
| materials by employees of a contractor or subcontractor that | 21 |
| operates an asphalt or concrete plant, that was moved into a | 22 |
| gravel pit, borrow pit, or other location not on the project, | 23 |
| primarily to serve public works projects is considered work | 24 |
| under the contract. | 25 |
| The transportation of aggregate or excavated materials | 26 |
| includes, but is not limited to: |
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| (1) the hauling of any or all stockpiled materials on | 2 |
| the project work site to other locations on the same | 3 |
| project even if the trucks leave the work site at some | 4 |
| point; | 5 |
| (2) the delivery of materials from any facility or any | 6 |
| stockpile to the project and the return haul to the | 7 |
| starting location either empty or loaded; | 8 |
| (3) the delivery of materials from another | 9 |
| construction project site to the public works project and | 10 |
| the return haul empty or loaded; | 11 |
| (4) the hauling required to remove any materials from | 12 |
| the public works project to a location off the project site | 13 |
| and the return haul either empty or loaded; and | 14 |
| (5) the delivery of materials by an employee of a | 15 |
| seller or supplier and the return haul to the off-site | 16 |
| facility or any stockpile empty or loaded by an employee of | 17 |
| the seller or supplier. | 18 |
| (Source: P.A. 95-341, eff. 8-21-07; 96-28, eff. 7-1-09; 96-58, | 19 |
| eff. 1-1-10; 96-186, eff. 1-1-10; revised 8-20-09.)
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| (820 ILCS 130/3) (from Ch. 48, par. 39s-3)
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| Sec. 3. Not less than the general prevailing rate of hourly | 22 |
| wages for
work of a similar character on public works in the | 23 |
| locality in which the
work is performed, and not less than the | 24 |
| general prevailing rate of
hourly wages for legal holiday and | 25 |
| overtime work, shall be paid to all
laborers, workers and |
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| mechanics employed by or on behalf of any public
body engaged | 2 |
| in the construction or demolition of public works.
This | 3 |
| includes any maintenance, repair, assembly, or disassembly | 4 |
| work performed on equipment whether owned, leased, or rented. | 5 |
| All Only such laborers, workers and mechanics as are
directly | 6 |
| employed by contractors or subcontractors in actual
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| construction work on the site of the building or construction | 8 |
| job shall be deemed to be employed upon public works. Laborers | 9 |
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laborers , workers and mechanics engaged in the | 10 |
| transportation of
materials and equipment to or from the site | 11 |
| shall also be deemed to be employed upon public works, except | 12 |
| that the transportation of non-aggregate materials or | 13 |
| equipment , but not including the
transportation by the sellers | 14 |
| and suppliers or the manufacture or
processing of materials or | 15 |
| equipment , in the execution of any contract
or contracts for | 16 |
| public works with any public body shall not be deemed to be
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| employed upon public works. The transportation of aggregate or | 18 |
| excavated materials to the job site or stockpile shall be | 19 |
| deemed to be employment upon public works. The wage for a | 20 |
| tradesman performing maintenance
is equivalent to that of a | 21 |
| tradesman engaged in construction or demolition.
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| (Source: P.A. 95-341, eff. 8-21-07; 96-186, eff. 1-1-10.)
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| (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
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| Sec. 4. Ascertaining prevailing wage. | 25 |
| (a) The public body awarding any contract for public work |
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| or
otherwise undertaking any public works, shall ascertain the | 2 |
| general
prevailing rate of hourly wages in the locality in | 3 |
| which the work is to
be performed, for each craft or type of | 4 |
| worker or mechanic needed to
execute the contract, and where | 5 |
| the public body performs the work
without letting a contract | 6 |
| therefor, shall ascertain the prevailing rate
of wages on a per | 7 |
| hour basis in the locality, and such public body shall
specify | 8 |
| in the resolution or ordinance and in the call for bids for the
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| contract, that the general prevailing rate of wages in the | 10 |
| locality for
each craft or type of worker or mechanic needed to | 11 |
| execute the contract
or perform such work, also the general | 12 |
| prevailing rate for legal holiday
and overtime work, as | 13 |
| ascertained by the public body or by the
Department of Labor | 14 |
| shall be paid for each craft or type of worker
needed to | 15 |
| execute the contract or to perform such work, and it shall be
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| mandatory upon the contractor to whom the contract is awarded | 17 |
| and upon
any subcontractor under him, and where the public body | 18 |
| performs the
work, upon the public body, to pay not less than | 19 |
| the specified rates to
all laborers, workers and mechanics | 20 |
| employed by them in the execution of
the contract or such work; | 21 |
| provided, however, that if the public body
desires that the | 22 |
| Department of Labor ascertain the prevailing rate of
wages, it | 23 |
| shall notify the Department of Labor to ascertain the general
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| prevailing rate of hourly wages for work under contract, or for | 25 |
| work
performed by a public body without letting a contract as | 26 |
| required in the
locality in which the work is to be performed, |
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LRB096 16066 RLC 35407 b |
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| for each craft or type of
worker or mechanic needed to execute | 2 |
| the contract or project or work to
be performed. Upon such | 3 |
| notification the Department of Labor shall
ascertain such | 4 |
| general prevailing rate of wages, and certify the
prevailing | 5 |
| wage to such public body. For a laborer, worker, or mechanic | 6 |
| engaged in the transportation of aggregate or excavated | 7 |
| materials or the operation of equipment to haul aggregate or | 8 |
| excavated materials to or from the site of the building or | 9 |
| construction job, the Department of Labor shall take into | 10 |
| consideration the applicable prevailing wage rate and the | 11 |
| Illinois Department of Transportation's current method of | 12 |
| establishing equipment rates for trucks on public works | 13 |
| projects. | 14 |
| (a-1) The public body or other entity awarding the
contract | 15 |
| shall cause to be inserted in the project specifications and | 16 |
| the
contract a stipulation to the
effect that not less than the | 17 |
| prevailing rate of wages as found by the
public body or | 18 |
| Department of Labor or determined by the court on review
shall | 19 |
| be paid to all laborers, workers and mechanics performing work
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| under the contract.
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| (a-2) When a public body or other entity covered by this | 22 |
| Act has awarded work to a contractor without a public bid, | 23 |
| contract or project specification, such public body or other | 24 |
| entity shall comply with subsection (a-1) by providing the | 25 |
| contractor with written notice on the purchase order related to | 26 |
| the work to be done or on a separate document indicating that |
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| not less than the prevailing rate of wages as found by the | 2 |
| public body or Department of Labor or determined by the court | 3 |
| on review shall be paid to all laborers, workers, and mechanics | 4 |
| performing work on the project. | 5 |
| (a-3) Where a complaint is made and the Department of Labor | 6 |
| determines that a violation occurred, the Department of Labor | 7 |
| shall determine if proper written notice under this Section 4 | 8 |
| was given. If proper written notice was not provided to the | 9 |
| contractor by the public body or other entity, the Department | 10 |
| of Labor shall order the public body or other entity to pay any | 11 |
| interest, penalties or fines that would have been owed by the | 12 |
| contractor if proper written notice were provided. The failure | 13 |
| by a public body or other entity to provide written notice does | 14 |
| not relieve the contractor of the duty to comply with the | 15 |
| prevailing wage rate, nor of the obligation to pay any back | 16 |
| wages, as determined under this Act. For the purposes of this | 17 |
| subsection, back wages shall be limited to the difference | 18 |
| between the actual amount paid and the prevailing rate of wages | 19 |
| required to be paid for the project. The failure of a public | 20 |
| body or other entity to provide written notice under this | 21 |
| Section 4 does not diminish the right of a laborer, worker, or | 22 |
| mechanic to the prevailing rate of wages as determined under | 23 |
| this Act. | 24 |
| (b) It shall also be mandatory upon the contractor to whom | 25 |
| the contract is
awarded
to insert into each subcontract and | 26 |
| into the project specifications for each
subcontract a written |
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| stipulation to the effect that not less than the
prevailing
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| rate of wages shall be paid to all laborers, workers, and | 3 |
| mechanics performing
work under the contract. It shall also be | 4 |
| mandatory upon each subcontractor to
cause to be inserted into | 5 |
| each lower tiered subcontract
and into the project | 6 |
| specifications for each lower tiered subcontract a
stipulation | 7 |
| to the effect that not less
than the prevailing rate of wages | 8 |
| shall be paid to all laborers, workers, and
mechanics | 9 |
| performing work under the contract. A contractor or | 10 |
| subcontractor who
fails to comply with this subsection (b) is | 11 |
| in violation of this Act.
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| (b-1) When a contractor has awarded work to a subcontractor | 13 |
| without a contract or contract specification, the contractor | 14 |
| shall comply with subsection (b) by providing a subcontractor | 15 |
| with a written statement indicating that not less than the | 16 |
| prevailing rate of wages shall be paid to all laborers, | 17 |
| workers, and mechanics performing work on the project. A | 18 |
| contractor or subcontractor who fails to comply with this | 19 |
| subsection (b-1) is in violation of this Act. | 20 |
| (b-2) Where a complaint is made and the Department of Labor | 21 |
| determines that a violation has occurred, the Department of | 22 |
| Labor shall determine if proper written notice under this | 23 |
| Section 4 was given. If proper written notice was not provided | 24 |
| to the subcontractor by the contractor, the Department of Labor | 25 |
| shall order the contractor to pay any interest, penalties, or | 26 |
| fines that would have been owed by the subcontractor if proper |
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| written notice were provided. The failure by a contractor to | 2 |
| provide written notice to a subcontractor does not relieve the | 3 |
| subcontractor of the duty to comply with the prevailing wage | 4 |
| rate, nor of the obligation to pay any back wages, as | 5 |
| determined under this Act. For the purposes of this subsection, | 6 |
| back wages shall be limited to the difference between the | 7 |
| actual amount paid and the prevailing rate of wages required | 8 |
| for the project. However, if proper written notice was not | 9 |
| provided to the contractor by the public body or other entity | 10 |
| under this Section 4, the Department of Labor shall order the | 11 |
| public body or other entity to pay any interest, penalties, or | 12 |
| fines that would have been owed by the subcontractor if proper | 13 |
| written notice were provided. The failure by a public body or | 14 |
| other entity to provide written notice does not relieve the | 15 |
| subcontractor of the duty to comply with the prevailing wage | 16 |
| rate, nor of the obligation to pay any back wages, as | 17 |
| determined under this Act. For the purposes of this subsection, | 18 |
| back wages shall be limited to the difference between the | 19 |
| actual amount paid and the prevailing rate of wages required | 20 |
| for the project. The failure to provide written notice by a | 21 |
| public body, other entity, or contractor does not diminish the | 22 |
| right of a laborer, worker, or mechanic to the prevailing rate | 23 |
| of wages as determined under this Act. | 24 |
| (c) A public body or other entity shall also require in all | 25 |
| contractor's and subcontractor's bonds
that the contractor or | 26 |
| subcontractor include such provision as will guarantee the
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| faithful performance of such prevailing wage clause as provided | 2 |
| by
contract or other written instrument. All bid specifications | 3 |
| shall list the specified rates to all
laborers, workers and | 4 |
| mechanics in the locality for each craft or type of
worker or | 5 |
| mechanic needed to execute the contract.
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| (d) If the Department of Labor
revises the prevailing rate | 7 |
| of hourly wages to be paid by the public body, the
revised rate | 8 |
| shall apply to such contract, and the public body shall be
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| responsible to notify the contractor and each subcontractor, of | 10 |
| the revised
rate.
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| (e) Two or more investigatory hearings under this Section | 12 |
| on the issue
of establishing a new prevailing wage | 13 |
| classification for a particular craft
or type of worker shall | 14 |
| be consolidated in a single hearing before the
Department. Such | 15 |
| consolidation shall occur whether each separate investigatory
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| hearing is conducted by a public body or the Department. The | 17 |
| party requesting
a consolidated investigatory hearing shall | 18 |
| have the burden of establishing that
there is no existing | 19 |
| prevailing wage classification for the particular craft or
type | 20 |
| of worker in any of the localities under consideration.
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| (f) It shall be mandatory upon the contractor or | 22 |
| construction manager
to whom a contract for public works is | 23 |
| awarded to post, at a
location on the project site of the | 24 |
| public works that is
easily accessible to the workers engaged | 25 |
| on the project,
the prevailing wage rates for each craft or | 26 |
| type of worker
or mechanic needed to execute the contract or |
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| project or
work to be performed. In lieu of posting on the | 2 |
| project site of the public works, a contractor which has a | 3 |
| business location where laborers, workers, and mechanics | 4 |
| regularly visit may: (1) post in a conspicuous location at that | 5 |
| business the current prevailing wage rates for each county in | 6 |
| which the contractor is performing work; or (2) provide such | 7 |
| laborer, worker, or mechanic engaged on the public works | 8 |
| project a written notice indicating the prevailing wage rates | 9 |
| for the public works project. A failure to post or provide a | 10 |
| prevailing wage
rate as required by this Section is a violation | 11 |
| of this Act.
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| (Source: P.A. 95-331, eff. 8-21-07; 96-437, eff. 1-1-10.)
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