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1 | AN ACT concerning safety.
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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 5. The Firearm Owners Identification Card Act is | |||||||||||||||||||||
5 | amended by changing Sections 4 and 8 as follows:
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6 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
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7 | Sec. 4. (a) Each applicant for a Firearm Owner's | |||||||||||||||||||||
8 | Identification Card must:
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9 | (1) Make application on blank forms prepared and | |||||||||||||||||||||
10 | furnished at convenient
locations throughout the State by | |||||||||||||||||||||
11 | the Department of State Police, or by
electronic means, if | |||||||||||||||||||||
12 | and when made available by the Department of State
Police; | |||||||||||||||||||||
13 | and
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14 | (2) Submit evidence to the Department of State Police | |||||||||||||||||||||
15 | that:
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16 | (i) He or she is 18 21 years of age or over, or if | |||||||||||||||||||||
17 | he or she is under 18 21
years of age that he or she has | |||||||||||||||||||||
18 | the written consent of his or her parent or
legal | |||||||||||||||||||||
19 | guardian to possess and acquire firearms and firearm | |||||||||||||||||||||
20 | ammunition and that , if he or she is under 21 years of | |||||||||||||||||||||
21 | age, he or she has never been convicted of a | |||||||||||||||||||||
22 | misdemeanor other than a traffic
offense or adjudged
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23 | delinquent, provided, however, that , if the applicant |
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1 | is under 18 years of age, the such parent or legal | ||||||
2 | guardian is not an
individual prohibited from having a | ||||||
3 | Firearm Owner's Identification Card and
files an | ||||||
4 | affidavit with the Department as prescribed by the | ||||||
5 | Department
stating that he or she is not an individual | ||||||
6 | prohibited from having a Card;
| ||||||
7 | (ii) He or she has not been convicted of a felony | ||||||
8 | under the laws of
this or any other jurisdiction;
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9 | (iii) He or she is not addicted to narcotics;
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10 | (iv) He or she has not been a patient in a mental | ||||||
11 | health facility within
the past 5 years or, if he or | ||||||
12 | she has been a patient in a mental health facility more | ||||||
13 | than 5 years ago submit the certification required | ||||||
14 | under subsection (u) of Section 8 of this Act;
| ||||||
15 | (v) He or she is not intellectually disabled;
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16 | (vi) He or she is not an alien who is unlawfully | ||||||
17 | present in the
United States under the laws of the | ||||||
18 | United States;
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19 | (vii) He or she is not subject to an existing order | ||||||
20 | of protection
prohibiting him or her from possessing a | ||||||
21 | firearm;
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22 | (viii) He or she has not been convicted within the | ||||||
23 | past 5 years of
battery, assault, aggravated assault, | ||||||
24 | violation of an order of
protection, or a substantially | ||||||
25 | similar offense in another jurisdiction, in
which a | ||||||
26 | firearm was used or possessed;
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1 | (ix) He or she has not been convicted of domestic | ||||||
2 | battery, aggravated domestic battery, or a
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3 | substantially similar offense in another
jurisdiction | ||||||
4 | committed before, on or after January 1, 2012 (the | ||||||
5 | effective date of Public Act 97-158). If the applicant | ||||||
6 | knowingly and intelligently waives the right to have an | ||||||
7 | offense described in this clause (ix) tried by a jury, | ||||||
8 | and by guilty plea or otherwise, results in a | ||||||
9 | conviction for an offense in which a domestic | ||||||
10 | relationship is not a required element of the offense | ||||||
11 | but in which a determination of the applicability of 18 | ||||||
12 | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | ||||||
13 | Code of Criminal Procedure of 1963, an entry by the | ||||||
14 | court of a judgment of conviction for that offense | ||||||
15 | shall be grounds for denying the issuance of a Firearm | ||||||
16 | Owner's Identification Card under this Section;
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17 | (x) (Blank);
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18 | (xi) He or she is not an alien who has been | ||||||
19 | admitted to the United
States under a non-immigrant | ||||||
20 | visa (as that term is defined in Section
101(a)(26) of | ||||||
21 | the Immigration and Nationality Act (8 U.S.C. | ||||||
22 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
23 | been lawfully admitted to the United
States under a | ||||||
24 | non-immigrant visa if that alien is:
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25 | (1) admitted to the United States for lawful | ||||||
26 | hunting or sporting
purposes;
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1 | (2) an official representative of a foreign | ||||||
2 | government who is:
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3 | (A) accredited to the United States | ||||||
4 | Government or the Government's
mission to an | ||||||
5 | international organization having its | ||||||
6 | headquarters in the United
States; or
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7 | (B) en route to or from another country to | ||||||
8 | which that alien is
accredited;
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9 | (3) an official of a foreign government or | ||||||
10 | distinguished foreign
visitor who has been so | ||||||
11 | designated by the Department of State;
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12 | (4) a foreign law enforcement officer of a | ||||||
13 | friendly foreign
government entering the United | ||||||
14 | States on official business; or
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15 | (5) one who has received a waiver from the | ||||||
16 | Attorney General of the
United States pursuant to | ||||||
17 | 18 U.S.C. 922(y)(3);
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18 | (xii) He or she is not a minor subject to a | ||||||
19 | petition filed
under Section 5-520 of the Juvenile | ||||||
20 | Court Act of 1987 alleging that the
minor is a | ||||||
21 | delinquent minor for the commission of an offense that | ||||||
22 | if
committed by an adult would be a felony;
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23 | (xiii) He or she is not an adult who had been | ||||||
24 | adjudicated a delinquent
minor under the Juvenile | ||||||
25 | Court Act of 1987 for the commission of an offense
that | ||||||
26 | if committed by an adult would be a felony;
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1 | (xiv) He or she is a resident of the State of | ||||||
2 | Illinois; | ||||||
3 | (xv) He or she has not been adjudicated as a | ||||||
4 | mentally disabled person; | ||||||
5 | (xvi) He or she has not been involuntarily admitted | ||||||
6 | into a mental health facility; and | ||||||
7 | (xvii) He or she is not developmentally disabled; | ||||||
8 | and
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9 | (3) Upon request by the Department of State Police, | ||||||
10 | sign a release on a
form prescribed by the Department of | ||||||
11 | State Police waiving any right to
confidentiality and | ||||||
12 | requesting the disclosure to the Department of State Police
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13 | of limited mental health institution admission information | ||||||
14 | from another state,
the District of Columbia, any other | ||||||
15 | territory of the United States, or a
foreign nation | ||||||
16 | concerning the applicant for the sole purpose of | ||||||
17 | determining
whether the applicant is or was a patient in a | ||||||
18 | mental health institution and
disqualified because of that | ||||||
19 | status from receiving a Firearm Owner's
Identification | ||||||
20 | Card. No mental health care or treatment records may be
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21 | requested. The information received shall be destroyed | ||||||
22 | within one year of
receipt.
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23 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
24 | Card who is over
the age of 18 shall furnish to the Department | ||||||
25 | of State Police either his or
her Illinois driver's license | ||||||
26 | number or Illinois Identification Card number, except as
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1 | provided in subsection (a-10).
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2 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
3 | Card,
who is employed as a law enforcement officer, an armed | ||||||
4 | security officer in Illinois, or by the United States Military
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5 | permanently assigned in Illinois and who is not an Illinois | ||||||
6 | resident, shall furnish to
the Department of State Police his | ||||||
7 | or her driver's license number or state
identification card | ||||||
8 | number from his or her state of residence. The Department
of | ||||||
9 | State Police may adopt rules to enforce the provisions of this
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10 | subsection (a-10).
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11 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
12 | Identification Card moves from the residence address named in | ||||||
13 | the application, he or she shall immediately notify in a form | ||||||
14 | and manner prescribed by the Department of State Police of that | ||||||
15 | change of address. | ||||||
16 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
17 | Card shall furnish to the Department of State Police his or her | ||||||
18 | photograph. An applicant who is 18 21 years of age or older | ||||||
19 | seeking a religious exemption to the photograph requirement | ||||||
20 | must furnish with the application an approved copy of United | ||||||
21 | States Department of the Treasury Internal Revenue Service Form | ||||||
22 | 4029. In lieu of a photograph, an applicant regardless of age | ||||||
23 | seeking a religious exemption to the photograph requirement | ||||||
24 | shall submit fingerprints on a form and manner prescribed by | ||||||
25 | the Department with his or her application. | ||||||
26 | (b) Each application form shall include the following |
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1 | statement printed in
bold type: "Warning: Entering false | ||||||
2 | information on an application for a Firearm
Owner's | ||||||
3 | Identification Card is punishable as a Class 2 felony in | ||||||
4 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
5 | Owners Identification Card
Act.".
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6 | (c) Upon such written consent, pursuant to Section 4, | ||||||
7 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
8 | consent shall be liable for any
damages resulting from the | ||||||
9 | applicant's use of firearms or firearm ammunition.
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10 | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | ||||||
11 | eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13; | ||||||
12 | 98-63, eff. 7-9-13.)
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13 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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14 | Sec. 8. Grounds for denial and revocation. The Department | ||||||
15 | of State Police has authority to deny an
application for or to | ||||||
16 | revoke and seize a Firearm Owner's Identification
Card | ||||||
17 | previously issued under this Act only if the Department finds | ||||||
18 | that the
applicant or the person to whom such card was issued | ||||||
19 | is or was at the time
of issuance:
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20 | (a) A person under 21 years of age who has been | ||||||
21 | convicted of a
misdemeanor other than a traffic offense or | ||||||
22 | adjudged delinquent;
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23 | (b) A person under 18 21 years of age who does not have | ||||||
24 | the written consent
of his parent or guardian to acquire | ||||||
25 | and possess firearms and firearm
ammunition, or whose |
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1 | parent or guardian has revoked such written consent,
or | ||||||
2 | where such parent or guardian does not qualify to have a | ||||||
3 | Firearm Owner's
Identification Card;
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4 | (c) A person convicted of a felony under the laws of | ||||||
5 | this or any other
jurisdiction;
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6 | (d) A person addicted to narcotics;
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7 | (e) A person who has been a patient of a mental health | ||||||
8 | facility within the
past 5 years or a person who has been a | ||||||
9 | patient in a mental health facility more than 5 years ago | ||||||
10 | who has not received the certification required under | ||||||
11 | subsection (u) of this Section. An active law enforcement | ||||||
12 | officer employed by a unit of government who is denied, | ||||||
13 | revoked, or has his or her Firearm Owner's Identification | ||||||
14 | Card seized under this subsection (e) may obtain relief as | ||||||
15 | described in subsection (c-5) of Section 10 of this Act if | ||||||
16 | the officer did not act in a manner threatening to the | ||||||
17 | officer, another person, or the public as determined by the | ||||||
18 | treating clinical psychologist or physician, and the | ||||||
19 | officer seeks mental health treatment;
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20 | (f) A person whose mental condition is of such a nature | ||||||
21 | that it poses
a clear and present danger to the applicant, | ||||||
22 | any other person or persons or
the community;
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23 | (g) A person who is intellectually disabled;
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24 | (h) A person who intentionally makes a false statement | ||||||
25 | in the Firearm
Owner's Identification Card application;
| ||||||
26 | (i) An alien who is unlawfully present in
the United |
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1 | States under the laws of the United States;
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2 | (i-5) An alien who has been admitted to the United | ||||||
3 | States under a
non-immigrant visa (as that term is defined | ||||||
4 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
5 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
6 | (i-5) does not apply to any alien who has been lawfully | ||||||
7 | admitted to
the United States under a non-immigrant visa if | ||||||
8 | that alien is:
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9 | (1) admitted to the United States for lawful | ||||||
10 | hunting or sporting purposes;
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11 | (2) an official representative of a foreign | ||||||
12 | government who is:
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13 | (A) accredited to the United States Government | ||||||
14 | or the Government's
mission to an international | ||||||
15 | organization having its headquarters in the United
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16 | States; or
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17 | (B) en route to or from another country to | ||||||
18 | which that alien is
accredited;
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19 | (3) an official of a foreign government or | ||||||
20 | distinguished foreign visitor
who has been so | ||||||
21 | designated by the Department of State;
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22 | (4) a foreign law enforcement officer of a friendly | ||||||
23 | foreign government
entering the United States on | ||||||
24 | official business; or
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25 | (5) one who has received a waiver from the Attorney | ||||||
26 | General of the United
States pursuant to 18 U.S.C. |
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1 | 922(y)(3);
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2 | (j) (Blank);
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3 | (k) A person who has been convicted within the past 5 | ||||||
4 | years of battery,
assault, aggravated assault, violation | ||||||
5 | of an order of protection, or a
substantially similar | ||||||
6 | offense in another jurisdiction, in which a firearm was
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7 | used or possessed;
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8 | (l) A person who has been convicted of domestic | ||||||
9 | battery, aggravated domestic battery, or a substantially
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10 | similar offense in another jurisdiction committed before, | ||||||
11 | on or after January 1, 2012 (the effective date of Public | ||||||
12 | Act 97-158). If the applicant or person who has been | ||||||
13 | previously issued a Firearm Owner's Identification Card | ||||||
14 | under this Act knowingly and intelligently waives the right | ||||||
15 | to have an offense described in this paragraph (l) tried by | ||||||
16 | a jury, and by guilty plea or otherwise, results in a | ||||||
17 | conviction for an offense in which a domestic relationship | ||||||
18 | is not a required element of the offense but in which a | ||||||
19 | determination of the applicability of 18 U.S.C. 922(g)(9) | ||||||
20 | is made under Section 112A-11.1 of the Code of Criminal | ||||||
21 | Procedure of 1963, an entry by the court of a judgment of | ||||||
22 | conviction for that offense shall be grounds for denying an | ||||||
23 | application for and for revoking and seizing a Firearm | ||||||
24 | Owner's Identification Card previously issued to the | ||||||
25 | person under this Act;
| ||||||
26 | (m) (Blank);
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1 | (n) A person who is prohibited from acquiring or | ||||||
2 | possessing
firearms or firearm ammunition by any Illinois | ||||||
3 | State statute or by federal
law;
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4 | (o) A minor subject to a petition filed under Section | ||||||
5 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
6 | minor is a delinquent minor for
the commission of an | ||||||
7 | offense that if committed by an adult would be a felony;
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8 | (p) An adult who had been adjudicated a delinquent | ||||||
9 | minor under the Juvenile
Court Act of 1987 for the | ||||||
10 | commission of an offense that if committed by an
adult | ||||||
11 | would be a felony;
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12 | (q) A person who is not a resident of the State of | ||||||
13 | Illinois, except as provided in subsection (a-10) of | ||||||
14 | Section 4; | ||||||
15 | (r) A person who has been adjudicated as a mentally | ||||||
16 | disabled person; | ||||||
17 | (s) A person who has been found to be developmentally | ||||||
18 | disabled; | ||||||
19 | (t) A person involuntarily admitted into a mental | ||||||
20 | health facility; or | ||||||
21 | (u) A person who has had his or her Firearm Owner's | ||||||
22 | Identification Card revoked or denied under subsection (e) | ||||||
23 | of this Section or item (iv) of paragraph (2) of subsection | ||||||
24 | (a) of Section 4 of this Act because he or she was a | ||||||
25 | patient in a mental health facility as provided in | ||||||
26 | subsection (e) of this Section, shall not be permitted to |
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1 | obtain a Firearm Owner's Identification Card, after the | ||||||
2 | 5-year period has lapsed, unless he or she has received a | ||||||
3 | mental health evaluation by a physician, clinical | ||||||
4 | psychologist, or qualified examiner as those terms are | ||||||
5 | defined in the Mental Health and Developmental | ||||||
6 | Disabilities Code, and has received a certification that he | ||||||
7 | or she is not a clear and present danger to himself, | ||||||
8 | herself, or others. The physician, clinical psychologist, | ||||||
9 | or qualified examiner making the certification and his or | ||||||
10 | her employer shall not be held criminally, civilly, or | ||||||
11 | professionally liable for making or not making the | ||||||
12 | certification required under this subsection, except for | ||||||
13 | willful or wanton misconduct. This subsection does not | ||||||
14 | apply to a person whose firearm possession rights have been | ||||||
15 | restored through administrative or judicial action under | ||||||
16 | Section 10 or 11 of this Act. | ||||||
17 | Upon revocation of a person's Firearm Owner's | ||||||
18 | Identification Card, the Department of State Police shall | ||||||
19 | provide notice to the person and the person shall comply with | ||||||
20 | Section 9.5 of this Act. | ||||||
21 | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | ||||||
22 | eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13; | ||||||
23 | 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, eff. | ||||||
24 | 7-16-14.)
|