101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2448

 

Introduced , by Rep. Elizabeth Hernandez

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.306  from Ch. 127, par. 141.306
225 ILCS 515/12.6
815 ILCS 705/3  from Ch. 121 1/2, par. 1703
815 ILCS 705/5  from Ch. 121 1/2, par. 1705
815 ILCS 705/10  from Ch. 121 1/2, par. 1710
815 ILCS 705/16.5 new
815 ILCS 705/22  from Ch. 121 1/2, par. 1722
815 ILCS 705/26  from Ch. 121 1/2, par. 1726
815 ILCS 705/40  from Ch. 121 1/2, par. 1740
820 ILCS 175/80
820 ILCS 205/17.3  from Ch. 48, par. 31.17-3

    Amends the Franchise Disclosure Act of 1987. Requires that prospective franchisees obtain counseling from a third-party counselor before purchasing a franchise. Requires franchisors to provide to prospective franchisees a list of third-party counselors who are approved by and who meet the qualifications established by the Attorney General. Provides for fees received under the Act to be deposited into the Child Labor, Franchise Disclosure, and Day and Temporary Labor Services Enforcement Fund. Amends the State Finance Act, the Private Employment Agency Act, the Day and Temporary Labor Services Act, and the Child Labor Law to change the name of the Child Labor and Day and Temporary Labor Services Enforcement Fund and to establish additional purposes for the renamed Fund.


LRB101 07162 JLS 52200 b

 

 

A BILL FOR

 

HB2448LRB101 07162 JLS 52200 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by changing
5Section 5.306 as follows:
 
6    (30 ILCS 105/5.306)  (from Ch. 127, par. 141.306)
7    Sec. 5.306. The Child Labor, Franchise Disclosure, and Day
8and Temporary Labor Services Enforcement Fund.
9(Source: P.A. 92-783, eff. 1-1-03.)
 
10    Section 10. The Private Employment Agency Act is amended by
11changing Section 12.6 as follows:
 
12    (225 ILCS 515/12.6)
13    Sec. 12.6. Child Labor, Franchise Disclosure, and Day and
14Temporary Labor Services Enforcement Fund. All moneys received
15as fees and penalties under this Act shall be deposited into
16the Child Labor, Franchise Disclosure, and Day and Temporary
17Labor Services Enforcement Fund and may be used for the
18purposes set forth in Section 17.3 of the Child Labor Law.
19(Source: P.A. 99-422, eff. 1-1-16.)
 
20    Section 15. The Franchise Disclosure Act of 1987 is amended

 

 

HB2448- 2 -LRB101 07162 JLS 52200 b

1by changing Sections 3, 5, 10, 22, 26, and 40 and by adding
2Section 16.5 as follows:
 
3    (815 ILCS 705/3)  (from Ch. 121 1/2, par. 1703)
4    Sec. 3. Definitions. As used in this Act:
5    (1) "Franchise" means a contract or agreement, either
6expressed or implied, whether oral or written, between two or
7more persons by which:
8        (a) a franchisee is granted the right to engage in the
9    business of offering, selling, or distributing goods or
10    services, under a marketing plan or system prescribed or
11    suggested in substantial part by a franchisor; and
12        (b) the operation of the franchisee's business
13    pursuant to such plan or system is substantially associated
14    with the franchisor's trademark, service mark, trade name,
15    logotype, advertising, or other commercial symbol
16    designating the franchisor or its affiliate; and
17        (c) the person granted the right to engage in such
18    business is required to pay to the franchisor or an
19    affiliate of the franchisor, directly or indirectly, a
20    franchise fee of $500 or more;
21    Provided that this Act shall not apply to any of the
22following persons, entities or relationships which may involve
23or acquire a franchise or any interest in a franchise:
24        (i) any franchised business which is operated by the
25    franchisee on the premises of the franchisor or

 

 

HB2448- 3 -LRB101 07162 JLS 52200 b

1    subfranchisor as long as such franchised business is
2    incidental to the business conducted by the franchisor or
3    subfranchisor at such premises, including, without
4    limitation, leased departments and concessions; or
5        (ii) a fractional franchise. A "fractional franchise"
6    means any relationship in which the person described
7    therein as a franchisee, or any of the current directors or
8    executive officers thereof, has been in the type of
9    business represented by the franchise relationship for
10    more than 2 years and the parties anticipated, or should
11    have anticipated, at the time the agreement establishing
12    the franchise relationship was reached, that the sales
13    arising from the relationship would represent no more than
14    20% of the sales in dollar volume of the franchisee for a
15    period of at least one year after the franchisee begins
16    selling the goods or services involved in the franchise; or
17        (iii) a franchise agreement for the use of a trademark,
18    service mark, trade name, logotype, advertising, or other
19    commercial symbol designating a person who offers on a
20    general basis, for a fee or otherwise, a bona fide service
21    for the evaluation, testing, or certification of goods,
22    commodities, or services; or
23        (iv) a franchise relationship covered by the Petroleum
24    Marketing Practices Act, 15 U.S.C. 2801.
25    (2) "Franchisee" means a person to whom a franchise is
26granted and includes, unless stated otherwise in this Act: (a)

 

 

HB2448- 4 -LRB101 07162 JLS 52200 b

1a subfranchisor with regard to its relationship with a
2franchisor and (b) a subfranchisee with regard to its
3relationship with a subfranchisor.
4    (3) "Franchisor" means a person who grants a franchise and
5includes a subfranchisor with regard to its relationship with a
6franchisee, unless stated otherwise in this Act.
7    (4) "Subfranchise" means any contract or agreement between
8a franchisor and a subfranchisor whereby the subfranchisor is
9granted the right, in consideration of the payment of a
10franchise fee in whole or in part for such right, to sell or
11negotiate the sale of franchises. Where used in this Act,
12unless specifically stated otherwise, "franchise" includes
13"subfranchise."
14    (5) "Subfranchisor" means a person to whom the right to
15sell or negotiate the sale of subfranchises is granted.
16    (6) "Order" means a consent, authorization, approval,
17prohibition, or requirement applicable to a specific case
18issued by the Attorney General Administrator.
19    (7) "Person" means an individual, a corporation, a
20partnership, a joint venture, an association, a joint stock
21company, a trust, or an unincorporated organization.
22    (8) "Rule" means any published regulation or standard of
23general application issued by the Administrator.
24    (9) "Sale" or "sell" includes every contract or agreement
25of sale of, contract to sell, or disposition of, a franchise or
26interest in a franchise for value.

 

 

HB2448- 5 -LRB101 07162 JLS 52200 b

1    (10) "State" means the State of Illinois.
2    (11) "Fraud" and "deceit" are not limited to common law
3fraud or deceit.
4    (12) "Offer" or "offer to sell" includes every attempt to
5offer to dispose of, or solicitation of an offer to buy, a
6franchise, any interest in a franchise or an option to acquire
7a franchise for value.
8    (13) "Publish" means publicly to issue or circulate by
9newspaper, mail, radio, or television, or otherwise to
10disseminate to the public.
11    (14) "Franchise fee" means any fee or charge that a
12franchisee is required to pay directly or indirectly for the
13right to enter into a business or sell, resell, or distribute
14goods, services or franchises under an agreement, including,
15but not limited to, any such payment for goods or services,
16provided that the Administrator may by rule define what
17constitutes an indirect franchise fee, and provided further
18that the following shall not be considered the payment of a
19franchise fee: (a) the payment of a reasonable service charge
20to the issuer of a credit card by an establishment accepting or
21honoring such credit card; (b) amounts paid to a trading stamp
22company by a person issuing trading stamps in connection with
23the retail sale of merchandise or services; (c) the purchase or
24agreement to purchase goods for which there is an established
25market at a bona fide wholesale price; (d) the payment for
26fixtures necessary to operate the business; (e) the payment of

 

 

HB2448- 6 -LRB101 07162 JLS 52200 b

1rent which reflects payment for the economic value of the
2property; or (f) the purchase or agreement to purchase goods
3for which there is an established market at a bona fide retail
4price subject to a bona fide commission or compensation plan.
5The Administrator may by rule define what shall constitute an
6established market.
7    (15) "Disclosure statement" means the document provided
8for in Section 16 of this Act and all amendments to such
9document.
10    (16) "Write" or "written" shall include printed,
11lithographed or any other means of graphic communication.
12    (17) (Blank).
13    (18) "Marketing plan or system" means a plan or system
14relating to some aspect of the conduct of a party to a contract
15in conducting business, including but not limited to (a)
16specification of price, or special pricing systems or discount
17plans, (b) use of particular sales or display equipment or
18merchandising devices, (c) use of specific sales techniques,
19(d) use of advertising or promotional materials or cooperation
20in advertising efforts; provided that an agreement is not a
21marketing plan or system solely because a manufacturer or
22distributor of goods reserves the right to occasionally require
23sale at a special reduced price which is advertised on the
24container or packaging material in which the product is
25regularly sold, if the reduced price is absorbed by the
26manufacturer or distributor.

 

 

HB2448- 7 -LRB101 07162 JLS 52200 b

1    (19) "Administrator" means the Illinois Attorney General.
2    (20)(a) An offer to sell a franchise is made in this State
3when the offer either originates from this State or is directed
4by the offeror to this State and received at the place to which
5it is directed. An offer to sell is accepted in this State when
6acceptance is communicated to the offeror in this State; and
7acceptance is communicated to the offeror in this State when
8the offeree directs it to the offeror in this State reasonably
9believing the offeror to be in this State and it is received at
10the place to which it is directed.
11    (b) An offer to sell a franchise is not made in this State
12merely because the franchisor circulates or there is circulated
13in this State an advertisement in (i) a bona fide newspaper or
14other publication of general, regular and paid circulation
15which has had more than 2/3 of its circulation outside this
16State during the past 12 months, or (ii) a radio or television
17program originating outside this State which is received in
18this State.
19    (21) "Franchise broker" means any person engaged in the
20business of representing a franchisor in offering for sale or
21selling a franchise and is not a franchisor, an affiliate of a
22franchisor or an officer, director or employee of a franchisor
23or an affiliate of a franchisor with respect to such franchise.
24A franchisee shall not be a franchise broker merely because it
25receives a payment from the franchisor in consideration of the
26referral of a prospective franchisee to the franchisor, if the

 

 

HB2448- 8 -LRB101 07162 JLS 52200 b

1franchisee does not otherwise participate in the sale of a
2franchise to the prospective franchisee. A franchisee shall not
3be deemed to participate in a sale merely because he responds
4to an inquiry from a prospective franchisee.
5    (22) "Salesperson" means any person employed by or
6representing a franchise broker, a franchisor or an affiliate
7of the franchisor in effecting or attempting to effect the
8offer or sale of a franchise.
9    (23) "Third-party counselor" means an organization or
10person approved by the Administrator to provide counseling
11services to potential franchisees under Section 16.5.
12    (24) "Counseling certificate" means the document provided
13for in Section 16.5.
14(Source: P.A. 96-648, eff. 10-1-09.)
 
15    (815 ILCS 705/5)  (from Ch. 121 1/2, par. 1705)
16    Sec. 5. Prohibited practices.
17    (1) Sale of unregistered franchise unlawful. It is unlawful
18for any person to offer or sell any franchise required to be
19registered under this Act unless the franchise has been
20registered under this Act or is exempt under this Act.
21    (2) Failure to deliver a disclosure statement and a list of
22third-party counseling services unlawful. It is unlawful for
23any person to offer or sell any franchise which is required to
24be registered under this Act without first providing to the
25prospective franchisee at least 14 days prior to the execution

 

 

HB2448- 9 -LRB101 07162 JLS 52200 b

1by the prospective franchisee of any binding franchise or other
2agreement, or at least 14 days prior to the receipt by such
3person of any consideration, whichever occurs first, a copy of
4a disclosure statement meeting the requirements of this Act and
5registered by the Administrator, together with a copy of all
6proposed agreements relating to the sale of the franchise. The
7franchisor shall also provide the prospective franchisee with a
8list containing the names and addresses of third-party
9counseling services approved by the Administrator. For the
10purposes of this Act, delivery of a disclosure statement and a
11list of third-party counseling services to a general partner of
12a partnership shall constitute delivery to the partnership and
13its partners and delivery of a disclosure statement to a
14principal officer of a corporation shall constitute delivery to
15the corporation and its shareholders.
16    (3) Sale of franchise by unregistered franchise broker
17unlawful. It is unlawful for any franchise required to be
18registered under this Act to be offered for sale or sold in
19this State by a franchise broker subject to this Act who is not
20first registered under this Act unless exempt from
21registration.
22    (4) Filing of untrue report unlawful. It is unlawful for
23any person to make or cause to be made any untrue statement of
24a material fact in any application, notice, or report filed
25with the Administrator, or to omit to state in any application,
26notice, or report any material fact, or to fail to notify the

 

 

HB2448- 10 -LRB101 07162 JLS 52200 b

1Administrator of any material change in such application,
2notice, or report, as required by this Act.
3(Source: P.A. 90-642, eff. 7-24-98; 91-916, eff. 7-7-00.)
 
4    (815 ILCS 705/10)  (from Ch. 121 1/2, par. 1710)
5    Sec. 10. Registration and Annual Report. No franchisor may
6sell or offer to sell a franchise in this State if (1) the
7franchisee is domiciled in this State or (2) the offer of the
8franchise is made or accepted in this State and the franchise
9business is or will be located in this State, unless the
10franchisor has registered the franchise with the Administrator
11by filing such form of notification and disclosure statement as
12required under Section 16 and by filing with the Administrator
13the counseling certificate specified in Section 16.5.
14    The registration of a franchise shall become effective on
15the 21st day after the date of the filing of the required
16materials, unless the Administrator has denied registration
17under subdivision (a)(3) of Section 22.
18    The registration of a franchise shall expire 120 days after
19the franchisor's fiscal year end. Annually, but not later than
20one business day before the registration expires, the
21franchisor shall file the disclosure statement updated as of
22the date of the franchisor's prior fiscal year end.
23(Source: P.A. 96-648, eff. 10-1-09.)
 
24    (815 ILCS 705/16.5 new)

 

 

HB2448- 11 -LRB101 07162 JLS 52200 b

1    Sec. 16.5. Counseling services and information for
2franchisees.
3    (a) Prior to the purchase of a franchise, the prospective
4franchisee shall obtain counseling from a third-party
5counselor that meets qualification standards and follows
6uniform counseling protocols. The qualification standards and
7counseling protocols shall be established by the
8Administrator. The protocols shall require a qualified
9counselor to discuss with each potential franchise information
10that includes the following:
11        (1) the financial implications of entering into a
12    franchisee relationship with the franchisor;
13        (2) an explanation of any mechanism for resolving
14    disputes between the franchisor and the prospective
15    franchise, including the waiver of any private right of
16    action and the effect of any arbitration provision in the
17    agreement between the franchisor and the prospective
18    franchisee; and
19        (3) any other information the Administrator may
20    require.
21    (b) The franchisee shall execute a counseling certificate
22upon obtaining counseling. The counseling certificate shall
23identify the date the counseling services were provided and the
24third party that provided provided the counseling services.
25    (c) The Administrator may use a portion of the registration
26fees collected under this Act to adequately fund the counseling

 

 

HB2448- 12 -LRB101 07162 JLS 52200 b

1and disclosure activities required under this Section.
 
2    (815 ILCS 705/22)  (from Ch. 121 1/2, par. 1722)
3    Sec. 22. Enforcement.
4    (a) The Administrator may suspend, terminate, prohibit or
5deny the sale of any franchise or registration of any franchise
6or salesperson if it appears to him that:
7        (1) that there has been a failure to comply with any of
8    the provisions of this Act or the rules or orders of the
9    Administrator pertaining thereto; or
10        (2) that the disclosure statement or any amendment
11    thereto includes any false or misleading statement of a
12    material fact or omits to state any material fact required
13    to be stated therein or necessary to make the statements
14    therein not misleading; or
15        (3) that the disclosure statement filed in conjunction
16    with an initial registration under Section 10 is materially
17    deficient; a . A disclosure statement is "materially
18    deficient" if it fails to comply with the requirements of
19    Section 16; or
20        (4) that the sale of the franchise would constitute a
21    misrepresentation, deceit or fraud upon prospective
22    franchisees; or
23        (5) that any person in this State is engaging in or
24    about to engage in false, fraudulent or deceptive practices
25    or any device, scheme, or artifice to defraud in connection

 

 

HB2448- 13 -LRB101 07162 JLS 52200 b

1    with the offer or sale of the franchise; or
2        (6) that any person identified in the disclosure
3    statement or any person engaged in the offer or sale of the
4    franchise in this State has been convicted of an offense,
5    is subject to an order or civil judgment or is a defendant
6    in a proceeding required to be described in the disclosure
7    statement and the involvement of such person creates an
8    unreasonable risk to prospective franchisees; or
9        (7) (blank); or
10        (8) (blank); or
11        (9) that the franchisor's enterprise or method of
12    business includes or would include activities which are
13    illegal where performed; or
14        (10) (blank); or
15        (11) (blank); or .
16        (12) that the certificate of counseling is false or
17    obtained through collusion or misrepresentation of fact.
18    In no case shall the Administrator, or any person
19designated by him, in the administration of this Act, incur any
20official or personal liability by issuing an order or other
21proceeding or by suspending, denying, prohibiting or
22terminating the registration of a franchise broker or
23salesperson, or by denying, suspending, terminating or
24prohibiting the registration of franchises, or prohibiting the
25sale of franchises, or by suspending or prohibiting any person
26from acting as a franchise broker or salesperson.

 

 

HB2448- 14 -LRB101 07162 JLS 52200 b

1    The Administrator may exercise any of the powers specified
2in Section 31 of this Act.
3    (b) The Administrator, with such assistance as he may from
4time to time request of the state's attorneys in the several
5counties, may institute proceedings in the circuit court to
6prevent and restrain violations of this Act or of any rule or
7order prescribed or issued under this Act. In such a
8proceeding, the court shall determine whether a violation has
9been committed, and shall enter such judgment or decree as it
10considers necessary to remove the effects of any violation and
11to prevent such violation from continuing or from being renewed
12in the future. The court, in its discretion, may exercise all
13powers necessary for this purpose, including, but not limited
14to, injunction, revocation, forfeiture or suspension of the
15charter, franchise, certificate of authority or privileges of
16any corporation, association, limited partnership or other
17business organization operating under the laws of this State,
18dissolution of domestic corporations or associations,
19suspension or termination of the right of foreign corporations
20or associations to do business in this State, or restitution or
21payment of damages by a franchisor to persons injured by
22violations of this Act, including without limitation an award
23of reasonable attorneys fees and costs.
24(Source: P.A. 96-648, eff. 10-1-09.)
 
25    (815 ILCS 705/26)  (from Ch. 121 1/2, par. 1726)

 

 

HB2448- 15 -LRB101 07162 JLS 52200 b

1    Sec. 26. Private civil actions. Any person who offers,
2sells, terminates, or fails to renew a franchise in violation
3of this Act shall be liable to the franchisee who may sue for
4damages caused thereby. This amendatory Act of 1992 is intended
5to clarify the existence of a private right of action under
6existing law with respect to the termination or nonrenewal of a
7franchise in violation of this Act. In the case of a violation
8of Section 5, 6, 10, 11, or 15, 16, or 16.5 of this the Act, the
9franchisee may also sue for rescission.
10    No franchisee may sue for rescission under this Section 26
11who shall fail, within 30 days from the date of receipt
12thereof, to accept an offer to return the consideration paid or
13to repurchase the franchise purchased by such person. Every
14offer provided for in this Section shall be in writing, shall
15be delivered to the franchisee or sent by certified mail
16addressed to the franchisee at such person's last known
17address, shall offer to return any consideration paid or to
18repurchase the franchise for a price equal to the full amount
19paid less any net income received by the franchisee, plus the
20legal rate of interest thereon, and may require the franchisee
21to return to the person making such offer all unsold goods,
22equipment, fixtures, leases and similar items received from
23such person. Such offer shall continue in force for 30 days
24from the date on which it was received by the franchisee and
25shall advise the franchisee of such rights and the period of
26time limited for acceptance thereof. Any agreement not to

 

 

HB2448- 16 -LRB101 07162 JLS 52200 b

1accept or refusing or waiving any such offer made during or
2prior to the expiration of said 30 days shall be void.
3    The term "franchisee" as used in this Section shall include
4the personal representative or representatives of the
5franchisee.
6    Every person who directly or indirectly controls a person
7liable under this Section 26, every partner in a firm so
8liable, every principal executive officer or director of a
9corporation so liable, every manager of a limited liability
10company so liable, every person occupying a similar status or
11performing similar functions, and every employee of a person so
12liable, who materially aids in the act or transaction
13constituting the violation, is also liable jointly and
14severally with and to the same extent as such person, unless
15said person who otherwise is liable had no knowledge or
16reasonable basis to have knowledge of the facts, acts or
17transactions constituting the alleged violation.
18    Every franchisee in whose favor judgment is entered in an
19action brought under this Section shall be entitled to the
20costs of the action including, without limitation, reasonable
21attorney's fees.
22(Source: P.A. 96-648, eff. 10-1-09.)
 
23    (815 ILCS 705/40)  (from Ch. 121 1/2, par. 1740)
24    Sec. 40. Fees.
25    (a) The Administrator shall charge and collect the fees

 

 

HB2448- 17 -LRB101 07162 JLS 52200 b

1fixed by this Act Section, or as prescribed by rule of the
2Administrator. All fees and charges collected under this Act
3Section shall be deposited into the Child Labor, Franchise
4Disclosure, and Day and Temporary Labor Services Enforcement
5Fund transmitted to the State Treasurer at least weekly,
6accompanied by a detailed statement thereof. Such fees and
7charges shall be refundable at the discretion of the
8Administrator.
9    (b) The fee for the initial registration of a franchise
10shall be $500.
11    (c) The fee for filing an amended disclosure statement
12shall be $100 if the amendment pertains to a material change,
13otherwise $25.
14    (d) The fee for an interpretive opinion shall be $50.
15    (e) The fee for filing an initial large franchisor
16exemption under Section 200.202 of Title 14 of the Illinois
17Administrative Code shall be $500 and the fee for renewals of
18this exemption shall be $100.
19    (f) The fee for filing an annual report shall be $100.
20(Source: P.A. 96-648, eff. 10-1-09.)
 
21    Section 20. The Day and Temporary Labor Services Act is
22amended by changing Section 80 as follows:
 
23    (820 ILCS 175/80)
24    Sec. 80. Child Labor, Franchise Disclosure, and Day and

 

 

HB2448- 18 -LRB101 07162 JLS 52200 b

1Temporary Labor Services Enforcement Fund. All moneys received
2as fees and civil penalties under this Act shall be deposited
3into the Child Labor, Franchise Disclosure, and Day and
4Temporary Labor Services Enforcement Fund and may be used for
5the purposes set forth in Section 17.3 of the Child Labor Law.
6(Source: P.A. 98-463, eff. 8-16-13.)
 
7    Section 25. The Child Labor Law is amended by changing
8Section 17.3 as follows:
 
9    (820 ILCS 205/17.3)  (from Ch. 48, par. 31.17-3)
10    Sec. 17.3. Any employer who violates any of the provisions
11of this Act or any rule or regulation issued under the Act
12shall be subject to a civil penalty of not to exceed $5,000 for
13each such violation. In determining the amount of such penalty,
14the appropriateness of such penalty to the size of the business
15of the employer charged and the gravity of the violation shall
16be considered. The amount of such penalty, when finally
17determined, may be
18        (1) recovered in a civil action brought by the Director
19    of Labor in any circuit court, in which litigation the
20    Director of Labor shall be represented by the Attorney
21    General;
22        (2) ordered by the court, in an action brought for
23    violation under Section 19, to be paid to the Director of
24    Labor.

 

 

HB2448- 19 -LRB101 07162 JLS 52200 b

1    Any administrative determination by the Department of
2Labor of the amount of each penalty shall be final unless
3reviewed as provided in Section 17.1 of this Act.
4    Civil penalties recovered under this Section shall be paid
5into the Child Labor, Franchise Disclosure, and Day and
6Temporary Labor Services Enforcement Fund, a special fund which
7is hereby created in the State treasury. Moneys in the Fund may
8be used, subject to appropriation, for exemplary programs,
9demonstration projects, and other activities or purposes
10related to the enforcement of this Act, or for the activities
11or purposes related to the enforcement of the Day and Temporary
12Labor Services Act, or for the activities or purposes related
13to the enforcement of the Private Employment Agency Act, or for
14the activities or purposes related to the enforcement of the
15Franchise Disclosure Act of 1987.
16(Source: P.A. 98-463, eff. 8-16-13; 99-422, eff. 1-1-16.)