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90_SB0030eng
30 ILCS 105/5.432 new
625 ILCS 5/3-806 from Ch. 95 1/2, par. 3-415
Amends the Illinois Vehicle Code to provide that the
Secretary of State shall deposit 50 cents of certain
vehicles' annual registration fee into the Secretary of State
Registration Plate Replacement Fund for use by the Office of
the Secretary to replace multi-year registration plates.
LRB9000016NTcw
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1 AN ACT concerning vehicles, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Finance Act is amended by adding
5 Section 5.449 and changing Section 8.3 as follows:
6 (30 ILCS 105/5.449 new)
7 Sec. 5.449. The Secretary of State Registration Plate
8 Replacement Fund.
9 (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
10 Sec. 8.3. Money in the road fund shall, if and when the
11 State of Illinois incurs any bonded indebtedness for the
12 construction of permanent highways, be set aside and used for
13 the purpose of paying and discharging annually the principal
14 and interest on that bonded indebtedness then due and
15 payable, and for no other purpose. The surplus, if any, in
16 the road fund after the payment of principal and interest on
17 that bonded indebtedness then annually due shall be used as
18 follows:
19 first--to pay the cost of administration of Chapters
20 2 through 10 of the Illinois Vehicle Code, except the
21 cost of administration of Articles I and II of Chapter 3
22 of that Code; and
23 secondly--for expenses of the Department of
24 Transportation for construction, reconstruction,
25 improvement, repair, maintenance, operation, and
26 administration of highways in accordance with the
27 provisions of laws relating thereto, or for any purpose
28 related or incident to and connected therewith, including
29 the separation of grades of those highways with railroads
30 and with highways and including the payment of awards
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1 made by the Industrial Commission under the terms of the
2 Workers' Compensation Act or Workers' Occupational
3 Diseases Act for injury or death of an employee of the
4 Division of Highways in the Department of Transportation;
5 or for the acquisition of land and the erection of
6 buildings for highway purposes, including the acquisition
7 of highway right-of-way or for investigations to
8 determine the reasonably anticipated future highway
9 needs; or for making of surveys, plans, specifications
10 and estimates for and in the construction and maintenance
11 of flight strips and of highways necessary to provide
12 access to military and naval reservations, to defense
13 industries and defense-industry sites, and to the sources
14 of raw materials and for replacing existing highways and
15 highway connections shut off from general public use at
16 military and naval reservations and defense-industry
17 sites, or for the purchase of right-of-way, except that
18 the State shall be reimbursed in full for any expense
19 incurred in building the flight strips; or for the
20 operating and maintaining of highway garages; or for
21 patrolling and policing the public highways and
22 conserving the peace; or for any of those purposes or any
23 other purpose that may be provided by law.
24 Appropriations for any of those purposes are payable from
25 the road fund. Appropriations may also be made from the road
26 fund for the administrative expenses of any State agency that
27 are related to motor vehicles or arise from the use of motor
28 vehicles.
29 Beginning with fiscal year 1980 and thereafter, no road
30 fund monies shall be appropriated to the following
31 Departments or agencies of State government for
32 administration, grants, or operations; but this limitation is
33 not a restriction upon appropriating for those purposes any
34 road fund monies that are eligible for federal reimbursement;
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1 1. Department of Public Health;
2 2. Department of Transportation, only with respect
3 to subsidies for one-half fare Student Transportation and
4 Reduced Fare for Elderly;
5 3. Department of Central Management Services,
6 except for expenditures incurred for group insurance
7 premiums of appropriate personnel;
8 4. Judicial Systems and Agencies.
9 Beginning with fiscal year 1981 and thereafter, no road
10 fund monies shall be appropriated to the following
11 Departments or agencies of State government for
12 administration, grants, or operations; but this limitation is
13 not a restriction upon appropriating for those purposes any
14 road fund monies that are eligible for federal reimbursement:
15 1. Department of State Police, except for
16 expenditures with respect to the Division of State
17 Troopers;
18 2. Department of Transportation, only with respect
19 to Intercity Rail Subsidies and Rail Freight Services.
20 Beginning with fiscal year 1982 and thereafter, no road
21 fund monies shall be appropriated to the following
22 Departments or agencies of State government for
23 administration, grants, or operations; but this limitation is
24 not a restriction upon appropriating for those purposes any
25 road fund monies that are eligible for federal reimbursement:
26 Department of Central Management Services, except for awards
27 made by the Industrial Commission under the terms of the
28 Workers' Compensation Act or Workers' Occupational Diseases
29 Act for injury or death of an employee of the Division of
30 Highways in the Department of Transportation.
31 Beginning with fiscal year 1984 and thereafter, no road
32 fund monies shall be appropriated to the following
33 Departments or agencies of State government for
34 administration, grants, or operations; but this limitation is
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1 not a restriction upon appropriating for those purposes any
2 road fund monies that are eligible for federal reimbursement:
3 1. Department of State Police, except not more than
4 40% of the funds appropriated for the Division of State
5 Troopers;
6 2. State Officers.
7 Beginning with fiscal year 1984 and thereafter, no road
8 fund monies shall be appropriated to any Department or agency
9 of State government for administration, grants, or operations
10 except as provided hereafter; but this limitation is not a
11 restriction upon appropriating for those purposes any road
12 fund monies that are eligible for federal reimbursement. It
13 shall not be lawful to circumvent the above appropriation
14 limitations by governmental reorganization or other methods.
15 Appropriations shall be made from the road fund only in
16 accordance with the provisions of this Section.
17 Money in the road fund shall, if and when the State of
18 Illinois incurs any bonded indebtedness for the construction
19 of permanent highways, be set aside and used for the purpose
20 of paying and discharging during each fiscal year the
21 principal and interest on that bonded indebtedness as it
22 becomes due and payable as provided in the Transportation
23 Bond Act, and for no other purpose. The surplus, if any, in
24 the road fund after the payment of principal and interest on
25 that bonded indebtedness then annually due shall be used as
26 follows:
27 first--to pay the cost of administration of Chapters
28 2 through 10 of the Illinois Vehicle Code; and
29 secondly--no road fund monies derived from fees,
30 excises, or license taxes relating to registration,
31 operation and use of vehicles on public highways or to
32 fuels used for the propulsion of those vehicles, shall be
33 appropriated or expended other than for costs of
34 administering the laws imposing those fees, excises, and
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1 license taxes, statutory refunds and adjustments allowed
2 thereunder, administrative costs of the Department of
3 Transportation, payment of debts and liabilities incurred
4 in construction and reconstruction of public highways and
5 bridges, acquisition of rights-of-way for and the cost of
6 construction, reconstruction, maintenance, repair, and
7 operation of public highways and bridges under the
8 direction and supervision of the State, political
9 subdivision, or municipality collecting those monies, and
10 the costs for patrolling and policing the public highways
11 (by State, political subdivision, or municipality
12 collecting that money) for enforcement of traffic laws.
13 The separation of grades of such highways with railroads
14 and costs associated with protection of at-grade highway
15 and railroad crossing shall also be permissible.
16 Appropriations for any of such purposes are payable from
17 the road fund or the Grade Crossing Protection Fund as
18 provided in Section 8 of the Motor Fuel Tax Law.
19 Beginning with fiscal year 1991 and thereafter, no Road
20 Fund monies shall be appropriated to the Department of State
21 Police for the purposes of this Section in excess of its
22 total fiscal year 1990 Road Fund appropriations for those
23 purposes unless otherwise provided in Section 5g of this Act.
24 It shall not be lawful to circumvent this limitation on
25 appropriations by governmental reorganization or other
26 methods unless otherwise provided in Section 5g of this Act.
27 In fiscal year 1994, no Road Fund monies shall be
28 appropriated to the Secretary of State for the purposes of
29 this Section in excess of the total fiscal year 1991 Road
30 Fund appropriations to the Secretary of State for those
31 purposes, plus $9,800,000. It shall not be lawful to
32 circumvent this limitation on appropriations by governmental
33 reorganization or other method.
34 Beginning with fiscal year 1995 and thereafter, except
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1 for Road Fund moneys appropriated to the Secretary of State
2 for required replating issuance of motor vehicle registration
3 plates, no Road Fund monies shall be appropriated to the
4 Secretary of State for the purposes of this Section in excess
5 of the total fiscal year 1994 Road Fund appropriations to the
6 Secretary of State for those purposes. It shall not be lawful
7 to circumvent this limitation on appropriations by
8 governmental reorganization or other methods.
9 No new program may be initiated in fiscal year 1991 and
10 thereafter that is not consistent with the limitations
11 imposed by this Section for fiscal year 1984 and thereafter,
12 insofar as appropriation of road fund monies is concerned.
13 Nothing in this Section prohibits transfers from the Road
14 Fund to the State Construction Account Fund under Section 5e
15 of this Act.
16 (Source: P.A. 87-774; 87-1228; 88-78.)
17 Section 10. The Illinois Vehicle Code is amended by
18 changing Sections 2-119, 3-412 and 3-413 as follows:
19 (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
20 Sec. 2-119. Disposition of fees and taxes.
21 (a) All moneys received from Salvage Certificates shall
22 be deposited in the Common School Fund in the State Treasury.
23 (b) Beginning January 1, 1990 and concluding December
24 31, 1994, of the money collected for each certificate of
25 title, duplicate certificate of title and corrected
26 certificate of title, $0.50 shall be deposited into the Used
27 Tire Management Fund. Beginning January 1, 1990 and
28 concluding December 31, 1994, of the money collected for each
29 certificate of title, duplicate certificate of title and
30 corrected certificate of title, $1.50 shall be deposited in
31 the Park and Conservation Fund. Beginning January 1, 1995,
32 of the money collected for each certificate of title,
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1 duplicate certificate of title and corrected certificate of
2 title, $2 shall be deposited in the Park and Conservation
3 Fund. The moneys deposited in the Park and Conservation Fund
4 pursuant to this Section shall be used for the acquisition
5 and development of bike paths as provided for in Section
6 63a36 of the Civil Administrative Code of Illinois. Except as
7 otherwise provided in this Code, all remaining moneys
8 collected for certificates of title, and all moneys collected
9 for filing of security interests, shall be placed in the
10 General Revenue Fund in the State Treasury.
11 (c) All moneys collected for that portion of a driver's
12 license fee designated for driver education under Section
13 6-118 shall be placed in the Driver Education Fund in the
14 State Treasury.
15 (d) Prior to December 28, 1989, of the monies collected
16 as a registration fee for each motorcycle, motor driven cycle
17 and motorized pedalcycle, $4 of each annual registration fee
18 for such vehicle and $2 of each semiannual registration fee
19 for such vehicle is deposited in the Cycle Rider Safety
20 Training Fund. Beginning on December 28, 1989 and until
21 January 1, 1992, of the monies collected as a registration
22 fee for each motorcycle, motor driven cycle and motorized
23 pedalcycle, $6 of each annual registration fee for such
24 vehicle and $3 of each semiannual registration fee for such
25 vehicle shall be deposited in the Cycle Rider Safety Training
26 Fund.
27 Beginning January 1, 1992 and until January 1, 1994, of
28 the monies collected as a registration fee for each
29 motorcycle, motor driven cycle and motorized pedalcycle, $7
30 of each annual registration fee for such vehicle and $3.50 of
31 each semiannual registration fee for such vehicle is
32 deposited in the Cycle Rider Safety Training Fund.
33 Beginning January 1, 1994, of the monies collected as a
34 registration fee for each motorcycle, motor driven cycle and
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1 motorized pedalcycle, $8 of each annual registration fee for
2 such vehicle and $4 of each semiannual registration fee for
3 such vehicle is deposited in the Cycle Rider Safety Training
4 Fund.
5 Beginning January 1, 1998, of the moneys collected as
6 registration fees under Section 3-414.1 of this Code, 75
7 cents of each registration or renewal fee shall be deposited
8 in the Secretary of State Registration Plate Replacement
9 Fund.
10 (e) Of the monies received by the Secretary of State as
11 registration fees or taxes or as payment of any other fee, as
12 provided in this Act, except fees received by the Secretary
13 under paragraph (7) of subsection (b) of Section 5-101 and
14 Section 5-109 of this Code, 37% shall be deposited into the
15 State Construction Fund.
16 (f) Of the total money collected for a CDL instruction
17 permit or original or renewal issuance of a commercial
18 driver's license (CDL) pursuant to the Uniform Commercial
19 Driver's License Act (UCDLA), $6 of the total fee for an
20 original or renewal CDL, and $6 of the total CDL instruction
21 permit fee when such permit is issued to any person holding a
22 valid Illinois driver's license, shall be paid into the
23 CDLIS/AAMVAnet Trust Fund (Commercial Driver's License
24 Information System/American Association of Motor Vehicle
25 Administrators network Trust Fund) and shall be used for the
26 purposes provided in Section 6z-23 of the State Finance Act.
27 (g) All remaining moneys received by the Secretary of
28 State as registration fees or taxes or as payment of any
29 other fee, as provided in this Act, except fees received by
30 the Secretary under paragraph (7) of subsection (b) of
31 Section 5-101 and Section 5-109 of this Code, shall be
32 deposited in the Road Fund in the State Treasury. Moneys in
33 the Road Fund shall be used for the purposes provided in
34 Section 8.3 of the State Finance Act.
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1 (h) (Blank).
2 (i) (Blank).
3 (j) (Blank).
4 (k) There is created in the State Treasury a special
5 fund to be known as the Secretary of State Special License
6 Plate Fund. Money deposited into the Fund shall, subject to
7 appropriation, be used by the Office of the Secretary of
8 State (i) to help defray plate manufacturing and plate
9 processing costs for the issuance and, when applicable,
10 renewal of any new or existing special registration plates
11 authorized under this Code and (ii) for grants made by the
12 Secretary of State to benefit Illinois Veterans Home
13 libraries.
14 On or before October 1, 1995, the Secretary of State
15 shall direct the State Comptroller and State Treasurer to
16 transfer any unexpended balance in the Special Environmental
17 License Plate Fund, the Special Korean War Veteran License
18 Plate Fund, and the Retired Congressional License Plate Fund
19 to the Secretary of State Special License Plate Fund.
20 (l) The Motor Vehicle Review Board Fund is created as a
21 special fund in the State Treasury. Moneys deposited into
22 the Fund under paragraph (7) of subsection (b) of Section
23 5-101 and Section 5-109 shall, subject to appropriation, be
24 used by the Office of the Secretary of State to administer
25 the Motor Vehicle Review Board, including without limitation
26 payment of compensation and all necessary expenses incurred
27 in administering the Motor Vehicle Review Board under the
28 Motor Vehicle Franchise Act.
29 (m) Effective July 1, 1996, there is created in the
30 State Treasury a special fund to be known as the Family
31 Responsibility Fund. Moneys deposited into the Fund shall,
32 subject to appropriation, be used by the Office of the
33 Secretary of State for the purpose of enforcing the Family
34 Financial Responsibility Law.
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1 (n) (k) The Illinois Fire Fighters' Memorial Fund is
2 created as a special fund in the State Treasury. Moneys
3 deposited into the Fund shall, subject to appropriation, be
4 used by the Office of the State Fire Marshal for construction
5 of the Illinois Fire Fighters' Memorial to be located at the
6 State Capitol grounds in Springfield, Illinois. Upon the
7 completion of the Memorial, the Office of the State Fire
8 Marshal shall certify to the State Treasurer that
9 construction of the Memorial has been completed.
10 (o) The Secretary of State Registration Plate Fund is
11 created as a special fund in the State treasury. Moneys
12 deposited into the Fund shall, subject to appropriation, be
13 used by the Office of the Secretary of State for the plate
14 manufacturing and plate processing costs for registrations
15 issued under Section 3-414.1.
16 (Source: P.A. 88-333; 88-485; 88-589, eff. 8-14-94; 88-670,
17 eff. 12-2-94; 89-92, eff. 7-1-96; 89-145, eff. 7-14-95;
18 89-282, eff. 8-10-95; 89-612, eff. 8-9-96; 89-626, eff.
19 8-9-96; 89-639, eff. 1-1-97; revised 9-9-96.)
20 (625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
21 Sec. 3-412. Registration plates and registration
22 stickers to be furnished by the Secretary of State.
23 (a) The Secretary of State upon registering a vehicle
24 subject to annual registration for the first time shall
25 issue or shall cause to be issued to the owner one
26 registration plate for a motorcycle, trailer, semitrailer,
27 motorized pedalcycle or truck-tractor, 2 registration plates
28 for other motor vehicles and, where applicable, current
29 registration stickers for motor vehicles of the first
30 division. The provisions of this Section may be made
31 applicable to such vehicles of the second division, as the
32 Secretary of State may, from time to time, in his discretion
33 designate. On subsequent annual registrations during the term
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1 of the registration plate as provided in Section 3-414.1, the
2 Secretary shall issue or cause to be issued registration
3 stickers as evidence of current registration. However, the
4 issuance of annual registration stickers to vehicles
5 registered under the provisions of Section 3-402.1 of this
6 Code may not be required if the Secretary deems the issuance
7 unnecessary.
8 (b) Every registration plate shall have displayed upon
9 it the registration number assigned to the vehicle for which
10 it is issued, the name of this State, which may be
11 abbreviated, the year number for which it was issued, which
12 may be abbreviated, the phrase "Land of Lincoln", except as
13 provided in Sections 3-626, Section 3-629, 3-633, 3-634,
14 3-637, and 3-638 and Section 3-631, and such other letters or
15 numbers as the Secretary may prescribe. However, for
16 apportionment plates issued to vehicles registered under
17 Section 3-402.1, the phrase "Land of Lincoln" may be omitted
18 to allow for the word "apportioned" to be displayed. The
19 Secretary may in his discretion prescribe that letters be
20 used as prefixes only on registration plates issued to
21 vehicles of the first division which are registered under
22 this Code and only as suffixes on registration plates issued
23 to other vehicles. Every registration sticker issued as
24 evidence of current registration shall designate the year
25 number for which it is issued and such other letters or
26 numbers as the Secretary may prescribe and shall be of a
27 contrasting color with the registration plates and
28 registration stickers of the previous year.
29 (c) Each registration plate and the required letters and
30 numerals thereon, except the year number for which issued,
31 shall be of sufficient size to be plainly readable from a
32 distance of 100 feet during daylight, and shall be coated
33 with reflectorizing material. The dimensions of the plate
34 issued to vehicles of the first division shall be 6 by 12
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1 inches.
2 (d) The Secretary of State shall issue for every
3 passenger motor vehicle rented without a driver the same type
4 of registration plates as the type of plates issued for a
5 private passenger vehicle.
6 (e) The Secretary of State shall issue for every
7 passenger car used as a taxicab or livery, distinctive
8 registration plates.
9 (f) The Secretary of State shall issue for every
10 motorcycle distinctive registration plates distinguishing
11 between motorcycles having 150 or more cubic centimeters
12 piston displacement, or having less than 150 cubic centimeter
13 piston displacement.
14 (g) Registration plates issued to vehicles for-hire may
15 display a designation as determined by the Secretary that
16 such vehicles are for-hire.
17 (h) The Secretary of State shall issue for each electric
18 vehicle distinctive registration plates which shall
19 distinguish between electric vehicles having a maximum
20 operating speed of 45 miles per hour or more and those having
21 a maximum operating speed of less than 45 miles per hour.
22 (i) The Secretary of State shall issue for every public
23 and private ambulance registration plates identifying the
24 vehicle as an ambulance. The Secretary shall forward to the
25 Department of Public Aid registration information for the
26 purpose of verification of claims filed with the Department
27 by ambulance owners for payment for services to public
28 assistance recipients.
29 (j) The Secretary of State shall issue for every public
30 and private medical carrier or rescue vehicle livery
31 registration plates displaying numbers within ranges of
32 numbers reserved respectively for medical carriers and rescue
33 vehicles. The Secretary shall forward to the Department of
34 Public Aid registration information for the purpose of
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1 verification of claims filed with the Department by owners of
2 medical carriers or rescue vehicles for payment for services
3 to public assistance recipients.
4 (k) Beginning in 1999, the Secretary of State shall
5 begin to replace multi-year registration plates issued under
6 Section 3-414.1 After completion of the replacement of the
7 multi-year registration plates beginning in 1999, the
8 Secretary of State shall, in the Secretary of State's
9 discretion, periodically replace multi-year registration
10 plates issued under Section 3-414.
11 (Source: P.A. 88-45; 88-485; 89-424, eff. 6-1-96; 89-564,
12 eff. 7-1-97; 89-612, eff. 8-9-96; 89-621, eff. 1-1-97;
13 89-639, eff. 1-1-97; revised 9-9-96.)
14 (625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413)
15 Sec. 3-413. Display of registration plates, registration
16 stickers and driveway decal permits.
17 (a) Registration plates issued for a motor vehicle other
18 than a motorcycle, trailer, semitrailer, truck-tractor,
19 apportioned bus, or apportioned truck shall be attached
20 thereto, one in the front and one in the rear. The
21 registration plate issued for a motorcycle, trailer or
22 semitrailer required to be registered hereunder and any
23 apportionment plate issued to a bus under the provisions of
24 this Code shall be attached to the rear thereof. The
25 registration plate issued for a truck-tractor or an
26 apportioned truck required to be registered hereunder shall
27 be attached to the front thereof.
28 (b) Every registration plate shall at all times be
29 securely fastened in a horizontal position to the vehicle for
30 which it is issued so as to prevent the plate from swinging
31 and at a height of not less than 12 inches from the ground,
32 measuring from the bottom of such plate, in a place and
33 position to be clearly visible and shall be maintained in a
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1 condition to be clearly legible, free from any materials that
2 would obstruct the visibility of the plate, including, but
3 not limited to, glass covers and tinted plastic covers.
4 Clear plastic covers are permissible as long as they remain
5 clear and do not obstruct the visibility of the plates.
6 Registration stickers issued as evidence of renewed annual
7 registration shall be attached to registration plates as
8 required by the Secretary of State, and be clearly visible at
9 all times.
10 (c) Every driveway decal permit issued pursuant to this
11 Code shall be firmly attached to the inside windshield of the
12 motor vehicle in such a manner that it cannot be removed
13 without being destroyed. If such decal permits are affixed
14 to a motor vehicle in any other manner the permit shall be
15 void and of no effect.
16 (d) The Illinois prorate decal issued to a foreign
17 registered vehicle part of a fleet prorated or apportioned
18 with Illinois, shall be displayed on a registration plate and
19 displayed on the front of such vehicle in the same manner as
20 an Illinois registration plate.
21 (e) The registration plate issued for a camper body
22 mounted on a truck displaying registration plates shall be
23 attached to the rear of the camper body.
24 (f) No person shall operate a vehicle, nor permit the
25 operation of a vehicle, upon which is displayed an Illinois
26 registration plate, plates or registration stickers after the
27 termination of the registration period for which issued or
28 after the expiration date set pursuant to Sections 3-414 and
29 3-414.1 of this Code. A person who violates this subsection
30 (f) is guilty of a petty offense and shall be fined not less
31 than $300 and not more than $500.
32 (Source: P.A. 89-245, eff. 1-1-96; 89-375, eff. 8-18-95.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.