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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||||
5 | Illinois New Motor Voter Act. | |||||||||||||||||||||
6 | Section 5. Intent.
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7 | (a) Voter registration is one of the biggest barriers to | |||||||||||||||||||||
8 | participation in our democracy.
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9 | (b) In 1993, Congress enacted the federal National Voter | |||||||||||||||||||||
10 | Registration Act of 1993 (52 U.S.C. Sec. 20501 et. seq.), | |||||||||||||||||||||
11 | commonly known as the "Motor Voter Law", with findings | |||||||||||||||||||||
12 | recognizing that the right of citizens to vote is a fundamental | |||||||||||||||||||||
13 | right; it is the duty of the federal, state, and local | |||||||||||||||||||||
14 | governments to promote the exercise of the right to vote and | |||||||||||||||||||||
15 | the primary purpose of the act is to increase the number of | |||||||||||||||||||||
16 | eligible citizens who register to vote.
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17 | (c) It is the intent of the General Assembly to enact the | |||||||||||||||||||||
18 | Illinois New Motor Voter Program to provide Illinois citizens | |||||||||||||||||||||
19 | additional opportunities to participate in democracy through | |||||||||||||||||||||
20 | the exercise of their fundamental right to vote.
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21 | Section 10. Illinois New Motor Voter Program.
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22 | (a) The Secretary of State shall establish the Illinois New |
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1 | Motor Voter Program for the purpose of increasing opportunities | ||||||
2 | for voter registration by any person who is qualified to be a | ||||||
3 | voter under Article 3, Section 1 of the Illinois Constitution.
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4 | (b) This Section shall not be construed as requiring the | ||||||
5 | Secretary of State to determine eligibility for voter | ||||||
6 | registration and voting. The State Board of Elections is solely | ||||||
7 | responsible for determining eligibility for voter registration | ||||||
8 | and voting.
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9 | Section 15. Implementation of the program.
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10 | (a) The Secretary of State, in consultation with the State | ||||||
11 | Board of Elections, shall establish a schedule and method to | ||||||
12 | electronically provide to the State Board of Elections the | ||||||
13 | records specified in this Section.
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14 | (b) The Secretary of State shall provide to the State Board | ||||||
15 | of Elections, in a manner and method consistent with Section | ||||||
16 | 1A-16.5 of the Election Code, the following information | ||||||
17 | associated with each person who submits an application for a | ||||||
18 | driver's license or State identification card, renews a | ||||||
19 | driver's license or State identification card, or who notifies | ||||||
20 | the Secretary of State of a change of address:
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21 | (1) Name.
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22 | (2) Date of birth.
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23 | (3) Either or both of the following, as contained in | ||||||
24 | the Department's records:
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25 | (A) residence address; or
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1 | (B) mailing address.
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2 | (4) Electronic signature, as defined in Section 3-100 | ||||||
3 | of the Illinois Vehicle Code.
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4 | (5) Telephone number, if available.
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5 | (6) Email address, if available.
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6 | (7) Language preference.
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7 | (8) Political party preference.
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8 | (9) Whether the person chooses to become a permanent | ||||||
9 | "vote by mail" voter.
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10 | (10) Whether the person affirmatively declined to | ||||||
11 | become registered to vote during a transaction with the | ||||||
12 | Secretary of State.
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13 | (11) A notation that the applicant has attested that he | ||||||
14 | or she meets all voter eligibility requirements, including | ||||||
15 | United States citizenship, specified in paragraph (6) of | ||||||
16 | subsection (d) of Section 1A-16 of the Election Code.
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17 | (12) Other information specified in regulations | ||||||
18 | implementing this Act.
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19 | (c) The Secretary of State may provide the records | ||||||
20 | described in subsection (b) of this Section to the State Board | ||||||
21 | of Elections before the State Board of Elections certifies that | ||||||
22 | all the conditions set forth in subdivision (g) of this Section | ||||||
23 | have been satisfied. Records provided under this subsection (c) | ||||||
24 | shall only be used for the purposes of outreach to and | ||||||
25 | education of eligible voters under Section 1A-17 of the | ||||||
26 | Election Code.
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1 | (d) The State Board of Elections shall provide materials | ||||||
2 | created for purposes of outreach and education as described in | ||||||
3 | this paragraph in languages other than English, as required by | ||||||
4 | the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
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5 | (e) The State Board of Elections shall not sell, transfer, | ||||||
6 | or allow any third party access to the information acquired | ||||||
7 | from the Secretary of State under this Act without the approval | ||||||
8 | of the Secretary of State, except as permitted by this Act and | ||||||
9 | Section 1A-25 of the Election Code.
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10 | (f) The Secretary of State shall not electronically provide | ||||||
11 | records of a person who applies for or is issued a temporary | ||||||
12 | visitor's driver's license because he or she is unable to | ||||||
13 | submit satisfactory proof that his or her presence in the | ||||||
14 | United States is authorized under federal law.
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15 | (g) The Secretary of State shall implement this Act within | ||||||
16 | one year after the State Board of Elections certifies the | ||||||
17 | following:
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18 | (1) The State has a statewide voter registration | ||||||
19 | database that complies with the requirements of the federal | ||||||
20 | Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et. | ||||||
21 | seq.).
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22 | (2) The General Assembly has appropriated the funds | ||||||
23 | necessary for the Secretary of State and the State Board of | ||||||
24 | Elections to implement and maintain the Illinois New Motor | ||||||
25 | Voter Program.
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26 | (3) The rules required by this Act have been adopted.
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1 | (h) The Secretary of State shall not electronically provide | ||||||
2 | records pursuant to this Section that contain a home address | ||||||
3 | designated as confidential pursuant to any other federal or | ||||||
4 | State law or court order. | ||||||
5 | Section 20. Disclosure of information.
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6 | (a) The willful, unauthorized disclosure of information | ||||||
7 | obtained from the Secretary of State pursuant to Section 15 of | ||||||
8 | this Act to any person, or the use of any false representation | ||||||
9 | to obtain any of that information or the use of any of that | ||||||
10 | information for a purpose other than as stated in Section 15 is | ||||||
11 | a misdemeanor punishable by a fine not exceeding $5,000 or | ||||||
12 | imprisonment not exceeding one year, or both fine and | ||||||
13 | imprisonment.
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14 | (b) The State Board of Elections shall establish procedures | ||||||
15 | to protect the confidentiality of the information acquired from | ||||||
16 | the Secretary of State under Section 15 of this Act. The | ||||||
17 | disclosure of this information shall be governed by the | ||||||
18 | Personal Information Protection Act, and the State Board of | ||||||
19 | Elections shall account for any disclosures, including those | ||||||
20 | due to security breaches, in accordance with the Personal | ||||||
21 | Information Protection Act.
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22 | Section 25. Records.
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23 | (a) The records of a person designated in subsection (b) of | ||||||
24 | Section 15 shall constitute a completed affidavit of |
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1 | registration and the State Board of Elections shall register | ||||||
2 | the person vote, unless any of the following conditions is | ||||||
3 | satisfied:
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4 | (1) The person's records, as described in Section 15, | ||||||
5 | reflect that he or she affirmatively declined to register | ||||||
6 | to vote during a transaction with the Secretary of State.
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7 | (2) The person's records, as described in Section 15, | ||||||
8 | do not reflect that he or she has attested to meeting all | ||||||
9 | voter eligibility requirements specified in Section 3-1 of | ||||||
10 | the Election Code; in such case, the State Board of | ||||||
11 | Elections must mail a notice to the address of residence or | ||||||
12 | mailing address that the person's voter registration is | ||||||
13 | incomplete with directions to complete the registration | ||||||
14 | process.
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15 | (3) The State Board of Elections determines that the | ||||||
16 | person is ineligible to vote.
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17 | (b) If a person who is registered to vote under this Act | ||||||
18 | does not provide a party preference, his or her party | ||||||
19 | preference shall be designated as "Unknown" and he or she shall | ||||||
20 | be treated as a "No Party Preference" voter.
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21 | (c) A person whose party preference is designated as | ||||||
22 | "Unknown" pursuant to this Section shall not be counted for | ||||||
23 | purposes of determining the total number of voters registered | ||||||
24 | on the specified day preceding an election, as required by | ||||||
25 | Sections 4-9, 5-8, and 6-36 of the Election Code. |
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1 | Section 30. Cancelling registration.
A person registered | ||||||
2 | to vote under this Act may cancel his or her voter registration | ||||||
3 | at any time by any method available to any other registered | ||||||
4 | voter.
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5 | Section 35. Confidentiality of voter registration | ||||||
6 | information.
This Act does not affect the confidentiality of a | ||||||
7 | person's voter registration information.
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8 | Section 40. Improper registration.
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9 | (a) If a person who is ineligible to vote becomes | ||||||
10 | registered to vote under this Act in the absence of a violation | ||||||
11 | by that person of a provision of Article 29 of the Election | ||||||
12 | Code, that person's registration shall be presumed to have been | ||||||
13 | effected with official authorization and not the fault of that | ||||||
14 | person.
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15 | (b) If a person who is ineligible to vote becomes | ||||||
16 | registered to vote under this Act and votes or attempts to vote | ||||||
17 | in an election held after the effective date of the person's | ||||||
18 | registration, that person shall be presumed to have acted with | ||||||
19 | official authorization and shall not be guilty of fraudulently | ||||||
20 | voting or attempting to vote pursuant to Section 29-10 of the | ||||||
21 | Election Code unless that person willfully votes or attempts to | ||||||
22 | vote knowing that he or she is not entitled to vote.
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23 | Section 45. Rules.
The State Board of Elections shall adopt |
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1 | rules to implement this Act, including regulations addressing | ||||||
2 | both of the following:
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3 | (a) A process for canceling the registration of a person | ||||||
4 | who is ineligible to vote, but became registered under the | ||||||
5 | Illinois New Motor Voter Program in the absence of any | ||||||
6 | violation by that person of Article 29 of the Election Code. | ||||||
7 | (b) An education and outreach campaign informing voters | ||||||
8 | about the Illinois New Motor Voter Program that the State Board | ||||||
9 | of Elections will conduct to implement this Act. The State | ||||||
10 | Board of Elections may use any public and private funds | ||||||
11 | available for this and shall provide materials created for this | ||||||
12 | outreach and education campaign in languages other than | ||||||
13 | English, as required by the federal Voting Rights Act of 1965 | ||||||
14 | (52 U.S.C. Sec. 10503).
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15 | Section 900. The Freedom of Information Act is amended by | ||||||
16 | changing Section 7.5 as follows: | ||||||
17 | (5 ILCS 140/7.5) | ||||||
18 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
19 | by the statutes referenced below, the following shall be exempt | ||||||
20 | from inspection and copying: | ||||||
21 | (a) All information determined to be confidential | ||||||
22 | under Section 4002 of the Technology Advancement and | ||||||
23 | Development Act. | ||||||
24 | (b) Library circulation and order records identifying |
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1 | library users with specific materials under the Library | ||||||
2 | Records Confidentiality Act. | ||||||
3 | (c) Applications, related documents, and medical | ||||||
4 | records received by the Experimental Organ Transplantation | ||||||
5 | Procedures Board and any and all documents or other records | ||||||
6 | prepared by the Experimental Organ Transplantation | ||||||
7 | Procedures Board or its staff relating to applications it | ||||||
8 | has received. | ||||||
9 | (d) Information and records held by the Department of | ||||||
10 | Public Health and its authorized representatives relating | ||||||
11 | to known or suspected cases of sexually transmissible | ||||||
12 | disease or any information the disclosure of which is | ||||||
13 | restricted under the Illinois Sexually Transmissible | ||||||
14 | Disease Control Act. | ||||||
15 | (e) Information the disclosure of which is exempted | ||||||
16 | under Section 30 of the Radon Industry Licensing Act. | ||||||
17 | (f) Firm performance evaluations under Section 55 of | ||||||
18 | the Architectural, Engineering, and Land Surveying | ||||||
19 | Qualifications Based Selection Act. | ||||||
20 | (g) Information the disclosure of which is restricted | ||||||
21 | and exempted under Section 50 of the Illinois Prepaid | ||||||
22 | Tuition Act. | ||||||
23 | (h) Information the disclosure of which is exempted | ||||||
24 | under the State Officials and Employees Ethics Act, and | ||||||
25 | records of any lawfully created State or local inspector | ||||||
26 | general's office that would be exempt if created or |
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1 | obtained by an Executive Inspector General's office under | ||||||
2 | that Act. | ||||||
3 | (i) Information contained in a local emergency energy | ||||||
4 | plan submitted to a municipality in accordance with a local | ||||||
5 | emergency energy plan ordinance that is adopted under | ||||||
6 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
7 | (j) Information and data concerning the distribution | ||||||
8 | of surcharge moneys collected and remitted by wireless | ||||||
9 | carriers under the Wireless Emergency Telephone Safety | ||||||
10 | Act. | ||||||
11 | (k) Law enforcement officer identification information | ||||||
12 | or driver identification information compiled by a law | ||||||
13 | enforcement agency or the Department of Transportation | ||||||
14 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
15 | (l) Records and information provided to a residential | ||||||
16 | health care facility resident sexual assault and death | ||||||
17 | review team or the Executive Council under the Abuse | ||||||
18 | Prevention Review Team Act. | ||||||
19 | (m) Information provided to the predatory lending | ||||||
20 | database created pursuant to Article 3 of the Residential | ||||||
21 | Real Property Disclosure Act, except to the extent | ||||||
22 | authorized under that Article. | ||||||
23 | (n) Defense budgets and petitions for certification of | ||||||
24 | compensation and expenses for court appointed trial | ||||||
25 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
26 | Crimes Litigation Act. This subsection (n) shall apply |
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1 | until the conclusion of the trial of the case, even if the | ||||||
2 | prosecution chooses not to pursue the death penalty prior | ||||||
3 | to trial or sentencing. | ||||||
4 | (o) Information that is prohibited from being | ||||||
5 | disclosed under Section 4 of the Illinois Health and | ||||||
6 | Hazardous Substances Registry Act. | ||||||
7 | (p) Security portions of system safety program plans, | ||||||
8 | investigation reports, surveys, schedules, lists, data, or | ||||||
9 | information compiled, collected, or prepared by or for the | ||||||
10 | Regional Transportation Authority under Section 2.11 of | ||||||
11 | the Regional Transportation Authority Act or the St. Clair | ||||||
12 | County Transit District under the Bi-State Transit Safety | ||||||
13 | Act. | ||||||
14 | (q) Information prohibited from being disclosed by the | ||||||
15 | Personnel Records Review Act. | ||||||
16 | (r) Information prohibited from being disclosed by the | ||||||
17 | Illinois School Student Records Act. | ||||||
18 | (s) Information the disclosure of which is restricted | ||||||
19 | under Section 5-108 of the Public Utilities Act.
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20 | (t) All identified or deidentified health information | ||||||
21 | in the form of health data or medical records contained in, | ||||||
22 | stored in, submitted to, transferred by, or released from | ||||||
23 | the Illinois Health Information Exchange, and identified | ||||||
24 | or deidentified health information in the form of health | ||||||
25 | data and medical records of the Illinois Health Information | ||||||
26 | Exchange in the possession of the Illinois Health |
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1 | Information Exchange Authority due to its administration | ||||||
2 | of the Illinois Health Information Exchange. The terms | ||||||
3 | "identified" and "deidentified" shall be given the same | ||||||
4 | meaning as in the Health Insurance Portability and | ||||||
5 | Accountability and Portability Act of 1996, Public Law | ||||||
6 | 104-191, or any subsequent amendments thereto, and any | ||||||
7 | regulations promulgated thereunder. | ||||||
8 | (u) Records and information provided to an independent | ||||||
9 | team of experts under Brian's Law. | ||||||
10 | (v) Names and information of people who have applied | ||||||
11 | for or received Firearm Owner's Identification Cards under | ||||||
12 | the Firearm Owners Identification Card Act or applied for | ||||||
13 | or received a concealed carry license under the Firearm | ||||||
14 | Concealed Carry Act, unless otherwise authorized by the | ||||||
15 | Firearm Concealed Carry Act; and databases under the | ||||||
16 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
17 | Licensing Review Board under the Firearm Concealed Carry | ||||||
18 | Act, and law enforcement agency objections under the | ||||||
19 | Firearm Concealed Carry Act. | ||||||
20 | (w) Personally identifiable information which is | ||||||
21 | exempted from disclosure under subsection (g) of Section | ||||||
22 | 19.1 of the Toll Highway Act. | ||||||
23 | (x) Information which is exempted from disclosure | ||||||
24 | under Section 5-1014.3 of the Counties Code or Section | ||||||
25 | 8-11-21 of the Illinois Municipal Code. | ||||||
26 | (y) Confidential information under the Adult |
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1 | Protective Services Act and its predecessor enabling | ||||||
2 | statute, the Elder Abuse and Neglect Act, including | ||||||
3 | information about the identity and administrative finding | ||||||
4 | against any caregiver of a verified and substantiated | ||||||
5 | decision of abuse, neglect, or financial exploitation of an | ||||||
6 | eligible adult maintained in the Registry established | ||||||
7 | under Section 7.5 of the Adult Protective Services Act. | ||||||
8 | (z) Records and information provided to a fatality | ||||||
9 | review team or the Illinois Fatality Review Team Advisory | ||||||
10 | Council under Section 15 of the Adult Protective Services | ||||||
11 | Act. | ||||||
12 | (aa) Information which is exempted from disclosure | ||||||
13 | under Section 2.37 of the Wildlife Code. | ||||||
14 | (bb) Information which is or was prohibited from | ||||||
15 | disclosure by the Juvenile Court Act of 1987. | ||||||
16 | (cc) (bb) Recordings made under the Law Enforcement | ||||||
17 | Officer-Worn Body Camera Act, except to the extent | ||||||
18 | authorized under that Act. | ||||||
19 | (dd) Information that is exempted from disclosure | ||||||
20 | under Section 15 of the Illinois New Motor Voter Act. | ||||||
21 | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | ||||||
22 | eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; | ||||||
23 | 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; | ||||||
24 | revised 10-14-15.)
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25 | Section 999. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
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