AB50-ASA2-AA7,127,11666.1333 (3) (e) 2. Persons otherwise entitled to any right, benefit, facility, or 7privilege under this section may not be denied the right, benefit, facility, or 8privilege in any manner for any purpose nor be discriminated against because of 9sex, race, color, creed, national origin, sexual orientation, status as a victim of 10domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or 11national origin status as a holder or nonholder of a license under s. 343.03 (3r). AB50-ASA2-AA7,127,191386.195 (5) (c) Conformity with discrimination laws. Each business identified 14as a motorist service on a specific information sign shall, as a condition of eligibility 15for erection, installation and maintenance of a sign under this section, give written 16assurance to the department that the business conforms with all applicable laws 17concerning the provisions of public accommodations without regard to race, 18religion, color, sex or, national origin, or status as a holder or nonholder of a license 19under s. 343.03 (3r). AB50-ASA2-AA7,128,1221106.50 (1) Intent. It is the intent of this section to render unlawful 22discrimination in housing. It is the declared policy of this state that all persons 23shall have an equal opportunity for housing regardless of sex, race, color, sexual
1orientation, disability, religion, national origin, marital status, family status, status 2as a holder or nonholder of a license under s. 343.03 (3r), status as a victim of 3domestic abuse, sexual assault, or stalking, lawful source of income, age, or 4ancestry and it is the duty of the political subdivisions to assist in the orderly 5prevention or removal of all discrimination in housing through the powers granted 6under ss. 66.0125 and 66.1011. The legislature hereby extends the state law 7governing equal housing opportunities to cover single-family residences that are 8owner-occupied. The legislature finds that the sale and rental of single-family 9residences constitute a significant portion of the housing business in this state and 10should be regulated. This section shall be considered an exercise of the police 11powers of the state for the protection of the welfare, health, peace, dignity, and 12human rights of the people of this state. AB50-ASA2-AA7,128,1914106.50 (1m) (h) “Discriminate” means to segregate, separate, exclude, or 15treat a person or class of persons unequally in a manner described in sub. (2), (2m), 16or (2r) because of sex, race, color, sexual orientation, disability, religion, national 17origin, marital status, family status, status as a holder or nonholder of a license 18under s. 343.03 (3r), status as a victim of domestic abuse, sexual assault, or 19stalking, lawful source of income, age, or ancestry. AB50-ASA2-AA7,129,321106.50 (1m) (nm) “Member of a protected class” means a group of natural 22persons, or a natural person, who may be categorized because of sex, race, color, 23disability, sexual orientation, religion, national origin, marital status, family
1status, status as a holder or nonholder of a license under s. 343.03 (3r), status as a 2victim of domestic abuse, sexual abuse, or stalking, lawful source of income, age, or 3ancestry. AB50-ASA2-AA7,2224Section 222. 106.50 (5m) (f) 1. of the statutes is amended to read: AB50-ASA2-AA7,129,115106.50 (5m) (f) 1. Nothing in this section prohibits an owner or agent from 6requiring that a person who seeks to buy or rent housing supply information 7concerning family status, and marital, financial, and business status but not 8concerning race, color, disability, sexual orientation, ancestry, national origin, 9religion, creed, status as a holder or nonholder of a license under s. 343.03 (3r), 10status as a victim of domestic abuse, sexual assault, or stalking, or, subject to subd. 112., age. AB50-ASA2-AA7,22312Section 223. 106.52 (3) (a) 1. of the statutes is amended to read: AB50-ASA2-AA7,129,1713106.52 (3) (a) 1. Deny to another or charge another a higher price than the 14regular rate for the full and equal enjoyment of any public place of accommodation 15or amusement because of sex, race, color, creed, disability, sexual orientation, 16national origin, or ancestry or because a person holds or does not hold a license 17under s. 343.03 (3r). AB50-ASA2-AA7,22418Section 224. 106.52 (3) (a) 2. of the statutes is amended to read: AB50-ASA2-AA7,129,2219106.52 (3) (a) 2. Give preferential treatment to some classes of persons in 20providing services or facilities in any public place of accommodation or amusement 21because of sex, race, color, creed, sexual orientation, national origin, or ancestry or 22because a person holds or does not hold a license under s. 343.03 (3r). AB50-ASA2-AA7,22523Section 225. 106.52 (3) (a) 3. of the statutes is amended to read: AB50-ASA2-AA7,130,7
1106.52 (3) (a) 3. Directly or indirectly publish, circulate, display or mail any 2written communication which the communicator knows is to the effect that any of 3the facilities of any public place of accommodation or amusement will be denied to 4any person by reason of sex, race, color, creed, disability, sexual orientation, 5national origin, or ancestry or because a person holds or does not hold a license 6under s. 343.03 (3r) or that the patronage of a person is unwelcome, objectionable or 7unacceptable for any of those reasons. AB50-ASA2-AA7,130,119106.52 (3) (a) 4. Refuse to furnish or charge another a higher rate for any 10automobile insurance because of race, color, creed, disability, national origin, or 11ancestry or because a person holds or does not hold a license under s. 343.03 (3r). AB50-ASA2-AA7,22712Section 227. 106.52 (3) (a) 5. of the statutes is amended to read: AB50-ASA2-AA7,130,1713106.52 (3) (a) 5. Refuse to rent, charge a higher price than the regular rate or 14give preferential treatment, because of sex, race, color, creed, sexual orientation, 15national origin, or ancestry or because a person holds or does not hold a license 16under s. 343.03 (3r), regarding the use of any private facilities commonly rented to 17the public. AB50-ASA2-AA7,131,1219111.31 (1) The legislature finds that the practice of unfair discrimination in 20employment against properly qualified individuals by reason of their age, race, 21creed, color, disability, marital status, sex, national origin, ancestry, sexual 22orientation, arrest record, conviction record, military service, use or nonuse of 23lawful products off the employer’s premises during nonworking hours, or declining
1to attend a meeting or to participate in any communication about religious matters 2or political matters, substantially and adversely affects the general welfare of the 3state. Employers, labor organizations, employment agencies, and licensing 4agencies that deny employment opportunities and discriminate in employment 5against properly qualified individuals solely because of their age, race, creed, color, 6disability, marital status, sex, national origin, ancestry, sexual orientation, arrest 7record, conviction record, military service, status as a holder or nonholder of a 8license under s. 343.03 (3r), use or nonuse of lawful products off the employer’s 9premises during nonworking hours, or declining to attend a meeting or to 10participate in any communication about religious matters or political matters, 11deprive those individuals of the earnings that are necessary to maintain a just and 12decent standard of living. AB50-ASA2-AA7,132,414111.31 (2) It is the intent of the legislature to protect by law the rights of all 15individuals to obtain gainful employment and to enjoy privileges free from 16employment discrimination because of age, race, creed, color, disability, marital 17status, sex, national origin, ancestry, sexual orientation, arrest record, conviction 18record, military service, status as a holder or nonholder of a license under s. 343.03 19(3r), use or nonuse of lawful products off the employer’s premises during 20nonworking hours, or declining to attend a meeting or to participate in any 21communication about religious matters or political matters, and to encourage the 22full, nondiscriminatory utilization of the productive resources of the state to the 23benefit of the state, the family, and all the people of the state. It is the intent of the
1legislature in promulgating this subchapter to encourage employers to evaluate an 2employee or applicant for employment based upon the individual qualifications of 3the employee or applicant rather than upon a particular class to which the 4individual may belong. AB50-ASA2-AA7,132,166111.31 (3) In the interpretation and application of this subchapter, and 7otherwise, it is declared to be the public policy of the state to encourage and foster to 8the fullest extent practicable the employment of all properly qualified individuals 9regardless of age, race, creed, color, disability, marital status, sex, national origin, 10ancestry, sexual orientation, arrest record, conviction record, military service, 11status as a holder or nonholder of a license under s. 343.03 (3r), use or nonuse of 12lawful products off the employer’s premises during nonworking hours, or declining 13to attend a meeting or to participate in any communication about religious matters 14or political matters. Nothing in this subsection requires an affirmative action 15program to correct an imbalance in the work force. This subchapter shall be 16liberally construed for the accomplishment of this purpose. AB50-ASA2-AA7,133,318111.321 Prohibited bases of discrimination. Subject to ss. 111.33 to 19111.365, no employer, labor organization, employment agency, licensing agency, or 20other person may engage in any act of employment discrimination as specified in s. 21111.322 against any individual on the basis of age, race, creed, color, disability, 22marital status, sex, national origin, ancestry, arrest record, conviction record, 23military service, status as a holder or nonholder of a license under s. 343.03 (3r),
1use or nonuse of lawful products off the employer’s premises during nonworking 2hours, or declining to attend a meeting or to participate in any communication 3about religious matters or political matters. AB50-ASA2-AA7,133,85194.025 Discrimination prohibited. No motor carrier may engage in any 6practice, act or omission which results in discrimination on the basis of race, creed, 7sex or, national origin, or status as a holder or nonholder of a license under s. 343.03 8(3r). AB50-ASA2-AA7,133,1710224.77 (1) (o) In the course of practice as a mortgage banker, mortgage loan 11originator, or mortgage broker, except in relation to housing designed to meet the 12needs of elderly individuals, treat a person unequally solely because of sex, race, 13color, handicap, sexual orientation, as defined in s. 111.32 (13m), religion, national 14origin, age, or ancestry, the person’s lawful source of income, or the sex, marital 15status, status as a holder or nonholder of a license under s. 343.03 (3r), or status as 16a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) 17(u), of the person maintaining a household. AB50-ASA2-AA7,134,219230.01 (2) (b) It is the policy of this state to provide for equal employment 20opportunity by ensuring that all personnel actions including hire, tenure or term, 21and condition or privilege of employment be based on the ability to perform the 22duties and responsibilities assigned to the particular position without regard to 23age, race, creed or religion, color, disability, sex, national origin, ancestry, sexual
1orientation, or political affiliation, or status as a holder or nonholder of a license 2under s. 343.03 (3r). AB50-ASA2-AA7,134,154230.18 Discrimination prohibited. No question in any form of application 5or in any evaluation used in the hiring process may be so framed as to elicit 6information concerning the partisan political or religious opinions or affiliations of 7any applicant nor may any inquiry be made concerning such opinions or affiliations 8and all disclosures thereof shall be discountenanced except that the director may 9evaluate the competence and impartiality of applicants for positions such as clinical 10chaplain in a state institutional program. No discriminations may be exercised in 11the recruitment, application, or hiring process against or in favor of any person 12because of the person’s political or religious opinions or affiliations or because of 13age, sex, disability, race, color, sexual orientation, national origin, or ancestry, or 14status as a holder or nonholder of a license under s. 343.03 (3r) except as otherwise 15provided. AB50-ASA2-AA7,135,217234.29 Equality of occupancy and employment. The authority shall 18require that occupancy of housing projects assisted under this chapter be open to all 19regardless of sex, race, religion, sexual orientation, status as a holder or nonholder 20of a license under s. 343.03 (3r), status as a victim of domestic abuse, sexual 21assault, or stalking, as defined in s. 106.50 (1m) (u), or creed, and that contractors 22and subcontractors engaged in the construction of economic development or
1housing projects, shall provide an equal opportunity for employment, without 2discrimination as to sex, race, religion, sexual orientation, or creed. AB50-ASA2-AA7,135,124343.03 (3m) Noncitizen limited-term license. If the issuance of any 5license described under sub. (3) requires the license applicant to present any 6documentary proof specified in s. 343.14 (2) (es) 2. to 7. 1m. b. to g. or (im) 2m. b., 7the license shall display on the front side of the license, in addition to any legend or 8label described in sub. (3), a legend identifying the license as limited term or, if the 9license authorizes the operation of a commercial motor vehicle, as a nondomiciled 10license. This noncitizen limited-term license may not be renewed except as 11provided in s. 343.165 (4) (c). A nondomiciled license may not be issued to a 12resident of Canada or Mexico. AB50-ASA2-AA7,135,2214343.03 (3r) Real ID Noncompliant license. If any license described under 15sub. (3) is issued based upon the exception specified in s. 343.165 (7), the license 16shall, in addition to any legend or label described in sub. (3), be marked in a manner 17consistent with requirements under applicable federal law and regulations to 18indicate that the license is issued in accordance with P.L. 109-13, section 202 (d) 19(11), and is not intended to be accepted by any federal agency for federal 20identification or any other official purpose. Section 344.62 applies to a person 21operating a motor vehicle under the authorization of a license issued under this 22subsection. AB50-ASA2-AA7,239
1Section 239. 343.14 (2) (br) of the statutes is renumbered 343.14 (2) (br) 1. 2and amended to read: AB50-ASA2-AA7,136,133343.14 (2) (br) 1. If Except as provided in subd. 2., if the applicant does not 4have a social security number, a statement made or subscribed under oath or 5affirmation that the applicant does not have a social security number and is not 6eligible for a social security number. The statement shall provide the basis or 7reason that the applicant is not eligible for a social security number, as well as any 8information requested by the department that may be needed by the department for 9purposes of verification under s. 343.165 (1) (c). The form of the statement shall be 10prescribed by the department, with the assistance of the department of children 11and families. A license that is issued or renewed under s. 343.17 in reliance on a 12statement submitted under this paragraph subdivision is invalid if the statement is 13false. AB50-ASA2-AA7,24014Section 240. 343.14 (2) (br) 2. of the statutes is created to read: AB50-ASA2-AA7,136,2215343.14 (2) (br) 2. If the applicant does not have a social security number and 16the application is for an operator’s license that contains the marking specified in s. 17343.03 (3r) or an identification card that contains the marking specified in s. 343.50 18(3) (b), a statement made or subscribed under oath or affirmation that the applicant 19does not have a social security number. The form of the statement shall be 20prescribed by the department, with the assistance of the department of children 21and families. A license that is issued or renewed under s. 343.17 in reliance on a 22statement submitted under this subdivision is invalid if the statement is false. AB50-ASA2-AA7,241
1Section 241. 343.14 (2) (es) of the statutes is renumbered 343.14 (2) (es) 1m., 2and 343.14 (2) (es) 1m. (intro.), as renumbered, is amended to read: AB50-ASA2-AA7,137,73343.14 (2) (es) 1m. (intro.) Subject to sub. (2g) (a) 2. d. and s. 343.125 (2) (a) 4and (b), and except as provided in subd. 2m., valid documentary proof that the 5individual is a citizen or national of the United States or an alien lawfully admitted 6for permanent or temporary residence in the United States or has any of the 7following: AB50-ASA2-AA7,2428Section 242. 343.14 (2) (es) 2m. of the statutes is created to read: AB50-ASA2-AA7,137,129343.14 (2) (es) 2m. Valid documentary proof under subd. 1m. is not required if 10the application is for an operator’s license that contains the marking specified in s. 11343.03 (3r) or an identification card that contains the marking specified in s. 343.50 12(3) (b). AB50-ASA2-AA7,138,314343.14 (2j) Except as otherwise required to administer and enforce this 15chapter, the department of transportation may not disclose a social security 16number obtained from an applicant for a license under sub. (2) (bm) to any person 17except to the department of children and families for the sole purpose of 18administering s. 49.22, to the department of workforce development for the sole 19purpose of enforcing or administering s. 108.22, to the department of revenue for 20the purposes of administering state taxes and collecting debt, to the driver licensing 21agency of another jurisdiction, or to the elections commission for the sole purpose of 22allowing the chief election officer to comply with the terms of the agreement under 23s. 6.36 (1) (ae). The department of transportation may not disclose to any person
1the fact that an applicant has provided verification under s. 343.165 (7) (c) 2. that 2the applicant does not have a social security number, except to the elections 3commission for purposes of administering the agreement described in s. 5.056. AB50-ASA2-AA7,138,75343.165 (1) (c) Proof of the applicant’s social security number or, except as 6provided in sub. (7) (c) 2. and s. 343.14 (2g) (a) 4., verification that the applicant is 7not eligible for a social security number. AB50-ASA2-AA7,138,119343.165 (1) (e) Subject to ss. 343.125 (2) (a) and (b) and 343.14 (2g) (a) 2. d., 10and except as provided in sub. (7) (c) 1. and s. 343.14 (2) (es) 2m., the documentary 11proof described in s. 343.14 (2) (es) 1m. AB50-ASA2-AA7,138,1513343.165 (3) (b) The department may not accept any foreign document, other 14than an official passport, to satisfy a requirement under sub. (1). This paragraph 15does not apply to an application processed under sub. (7) (c). AB50-ASA2-AA7,139,217343.165 (3) (c) For purposes of par. (a) and sub. (1) (c), if an applicant presents 18a social security number that is already registered to or associated with another 19person, the department shall direct the applicant to investigate and take 20appropriate action to resolve the discrepancy and shall not issue any operator’s 21license or identification card until the discrepancy is resolved. The department 22shall adopt procedures for purposes of verifying that an applicant is not eligible for
1a social security number, except with respect to applications processed under sub. 2(7) (c). AB50-ASA2-AA7,139,84343.165 (4) (b) The department shall establish an effective procedure to 5confirm or verify an applicant’s information for purposes of any application 6described in par. (a). The procedure shall include verification of the applicant’s 7social security number or, except with respect to applications processed under sub. 8(7) (c), ineligibility for a social security number. AB50-ASA2-AA7,139,1810343.165 (4) (d) With any license or identification card renewal following a 11license or identification card expiration established under s. 343.20 (1m) or 343.50 12(5) (bm) or (c) at other than an 8-year interval, the department may determine 13whether the applicant’s photograph is to be taken, or if the renewal is for a license 14the applicant is to be examined, or both, at the time of such renewal, so long as the 15applicant’s photograph is taken, and if the renewal is for a license the applicant is 16examined, with a license or card renewal at least once every 8 years and the 17applicant’s license or identification card at all times includes a photograph unless 18an exception under s. 343.14 (3m) or 343.50 (4g) applies. AB50-ASA2-AA7,25019Section 250. 343.165 (7) (a) (intro.) of the statutes is amended to read: AB50-ASA2-AA7,139,2320343.165 (7) (a) (intro.) The Subject to par. (c), the department may process an 21application for, and issue or renew, an operator’s license or identification card 22without meeting the requirements under subs. (2) and (3) if all of the following 23apply: AB50-ASA2-AA7,140,72343.165 (7) (c) 1. Notwithstanding s. 343.14 (2) (f), in processing an 3application for, and issuing or renewing, an operator’s license that contains the 4marking specified in s. 343.03 (3r) or an identification card that contains the 5marking specified in s. 343.50 (3) (b), the department may not include any question 6or require any proof or documentation as to whether the applicant is a citizen or 7national of the United States or lawfully present in the United States. AB50-ASA2-AA7,140,1182. For an application processed under this paragraph, if the applicant does not 9provide proof of the applicant’s social security number, the applicant shall provide 10verification, in the manner described in s. 343.14 (2) (br) 2., that the applicant does 11not have a social security number. AB50-ASA2-AA7,140,15123. Notwithstanding sub. (1) (a), for an application processed under this 13paragraph, an applicant may provide an individual taxpayer identification number, 14a foreign passport, or any other documentation deemed acceptable to the 15department, in lieu of the documentation required under sub. (1) (a). AB50-ASA2-AA7,140,18164. Notwithstanding sub. (1) (b) and (d), for an application processed under this 17paragraph, an applicant may provide any documentation deemed acceptable to the 18department, in lieu of the documentation required under sub. (1) (b) or (d). AB50-ASA2-AA7,25219Section 252. 343.17 (3) (a) 16. of the statutes is created to read: AB50-ASA2-AA7,140,2320343.17 (3) (a) 16. If the license is marked as provided in s. 343.03 (3r) and the 21license applicant did not provide a verified social security number with the license 22application, the words “Not valid for voting purposes. Not evidence of citizenship or 23immigration status.” AB50-ASA2-AA7,141,72343.20 (1) (f) The department shall cancel an operator’s license, regardless of 3the license expiration date, if the department receives information from a local, 4state, or federal government agency that the licensee no longer satisfies the 5requirements for issuance of a license under ss. 343.14 (2) (es) 1m. and 343.165 (1) 6(e). This paragraph does not apply to an operator’s license if the license application 7was processed under s. 343.165 (7) (c). AB50-ASA2-AA7,141,229343.20 (1m) Notwithstanding sub. (1) (a), and except as provided in s. 343.165 10(4) (c) and as otherwise provided in this subsection, a license that is issued to a 11person who is not a United States citizen or permanent resident and who provides 12documentary proof of legal status as provided under s. 343.14 (2) (es) 2., 4., 5., 6., or 137. 1m. b., d., e., f., or g. shall expire on the date that the person’s legal presence in 14the United States is no longer authorized or on the expiration date determined 15under sub. (1), whichever date is earlier. If the documentary proof as provided 16under s. 343.14 (2) (es) 1m. does not state the date that the person’s legal presence 17in the United States is no longer authorized, sub. (1) shall apply except that, if the 18license was issued or renewed based upon the person’s presenting of any 19documentary proof specified in s. 343.14 (2) (es) 4. to 7. 1m. d. to g., the license 20shall, subject to s. 343.165 (4) (c), expire one year after the date of issuance or 21renewal. This subsection does not apply to a license that contains the marking 22specified in s. 343.03 (3r). AB50-ASA2-AA7,142,7
1343.20 (2) (a) At least 30 days prior to the expiration of an operator’s license, 2the department shall provide to the licensee notice of renewal of the license either 3by mail at the licensee’s last-known address or, if desired by the licensee, by any 4electronic means offered by the department. If the license was issued or last 5renewed based upon the person’s presenting of any documentary proof specified in 6s. 343.14 (2) (es) 4. to 7. 1m. d. to g., the notice shall inform the licensee of the 7requirement under s. 343.165 (4) (c). AB50-ASA2-AA7,2568Section 256. 343.50 (3) (a) and (b) of the statutes are amended to read: AB50-ASA2-AA7,142,219343.50 (3) (a) The card shall be the same size as an operator’s license but 10shall be of a design which is readily distinguishable from the design of an operator’s 11license and bear upon it the words “IDENTIFICATION CARD ONLY.” The 12information on the card shall be the same as specified under s. 343.17 (3). If the 13issuance of the card requires the applicant to present any documentary proof 14specified in s. 343.14 (2) (es) 4. to 7. 1m. d. to g., the card shall display, on the front 15side of the card, a legend identifying the card as temporary. The card shall contain 16physical security features consistent with any requirement under federal law. The 17card may serve as a record of gift under s. 157.06 (2) (t) and the holder may affix a 18sticker thereto as provided in s. 343.175 (3). The card may also serve as a record of 19refusal under s. 157.06 (2) (u). Except as provided in sub. (4g), the card shall 20contain the holder’s photograph and, if applicable, shall be of the design specified 21under s. 343.17 (3) (a) 12. AB50-ASA2-AA7,143,322(b) If an identification card is issued based upon the exception specified in s. 23343.165 (7) or (8), the card shall, in addition to any other required legend or design,
1be of the design specified under s. 343.17 (3) (a) 14. and include a marking similar 2or identical to the marking described in s. 343.03 (3r) and, if applicable, the words 3specified in s. 343.17 (3) (a) 16. AB50-ASA2-AA7,143,95343.50 (5) (b) Except as provided in pars. (bm), (c), and (d) and s. 343.165 (4) 6(c), an original or reinstated card shall be valid for the succeeding period of 8 years 7from the applicant’s next birthday after the date of issuance, and a renewed card 8shall be valid for the succeeding period of 8 years from the card’s last expiration 9date. AB50-ASA2-AA7,143,1611343.50 (5) (bm) Notwithstanding par. (d), if the identification card application 12was processed under s. 343.165 (7) (c) and the applicant did not provide a verified 13social security number, an original or reinstated card shall be valid for the 14succeeding period of 2 years from the applicant’s next birthday after the date of 15issuance, and a renewed card shall be valid for the succeeding period of 2 years from 16the card’s last expiration date. AB50-ASA2-AA7,144,718343.50 (5) (c) Except as provided in s. 343.165 (4) (c) and as otherwise 19provided in this paragraph, an identification card that is issued to a person who is 20not a United States citizen and who provides documentary proof of legal status as 21provided under s. 343.14 (2) (es) 1m. shall expire on the date that the person’s legal 22presence in the United States is no longer authorized or on the expiration date 23determined under par. (b), whichever date is earlier. If the documentary proof as
1provided under s. 343.14 (2) (es) 1m. does not state the date that the person’s legal 2presence in the United States is no longer authorized, then the card shall be valid 3for the period specified in par. (b) except that, if the card was issued or renewed 4based upon the person’s presenting of any documentary proof specified in s. 343.14 5(2) (es) 4. to 7. 1m. d. to g., the card shall, subject to s. 343.165 (4) (c), expire one 6year after the date of issuance or renewal. This paragraph does not apply to an 7identification card that contains the marking specified in sub. (3) (b).
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