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91_HB2636enr
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1 AN ACT to amend the Public Water Supply Operations Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Public Water Supply Operations Act is
5 amended by changing Sections 1, 9, 9.1, 10, 11, 12, 13, 14,
6 16, 17, 18, 19, 20, and 22 and adding Section 9.3 as follows:
7 (415 ILCS 45/1) (from Ch. 111 1/2, par. 501)
8 Sec. 1. In order to safeguard the health and well being
9 of the populace, every community public water supply in
10 Illinois shall have on its operational staff at least one
11 natural person certified as competent as a water supply
12 operator under the provisions of this Act.
13 Except for exempt community public water supplies as
14 specified in Section 9.1 of this Act, all portions of a
15 community public water supply system shall be under the
16 direct supervision of a properly certified community water
17 supply operator.
18 (a) Each community public water supply which
19 includes coagulation, lime softening, or sedimentation as
20 a part of its primary treatment shall have in its employ
21 at least one natural person certified as competent as a
22 Class A community water supply operator. This includes
23 all surface water community water supplies.
24 (b) Each non-exempt community public water supply
25 which includes filtration, aeration and filtration, or
26 ion exchange equipment as a part of its primary treatment
27 shall have in its employ at least one natural person
28 certified as competent as a Class B or Class A community
29 water supply operator.
30 (c) Each non-exempt community public water supply
31 which utilizes chemical feeding only shall have in its
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1 employ at least one natural person certified as competent
2 as a Class C, Class B, or Class A community water supply
3 operator.
4 (d) Each Those non-exempt community public water
5 supply supplies in which the facilities are limited to
6 pumpage, storage, or distribution shall have in its their
7 public water supply may satisfy the
17 requirements of this Section 1 of this Act by contracting the
18 services of a properly qualified certified operator of the
19 required class or higher, as specified in this Section 1 of
20 this Act. A written agreement contract to this effect must be
21 on file with the Agency certifying that such an agreement
22 exists, and delegating responsibility and authority to the
23 contracted party. This written agreement shall be signed by
24 both the certified operator to be contracted and the
25 responsible community water supply owner or official
26 custodian owners and operators, shall be duly notarized, and
27 must be approved in writing by the Agency.
28 (Source: P.A. 82-393; revised 10-31-98.)
29 (415 ILCS 45/9) (from Ch. 111 1/2, par. 509)
30 Sec. 9. "Owner or Official Custodian Operator" means any
31 person who owns, leases, controls, or supervises a community
32 public water supply.
33 (Source: P.A. 78-810.)
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1 (415 ILCS 45/9.1) (from Ch. 111 1/2, par. 509.1)
2 Sec. 9.1. "Exempt Community Public Water Supply" means
3 any community public water supply which meets all of the
4 following requirements: of (1), (2), (3) or (4) below.
5 (1) consists only of distribution and storage facilities
6 and does not have any collection and treatment facilities; A
7 state-owned or operated community public water supply which
8 includes only a service connection from a non-exempt public
9 water supply to a single building or drinking fountains.
10 Individual state-owned or operated buildings, each part of a
11 single state institution, but each with its own service
12 connection to a non-exempt community water supply main, with
13 no other water supply connections between buildings, shall
14 qualify under this paragraph.
15 (2) obtains all of its water from, but is not owned or
16 operated by, a community water supply that is required to
17 employ a Class A, Class B, Class C, or Class D community
18 water supply operator; A state-owned or operated public water
19 supply which serves only one state-owned facility which is
20 used as a single family residence.
21 (3) does not sell water to any person; and A public
22 water supply which meets all of the following conditions:
23 (a) Consists only of distribution and storage
24 facilities and does not have any collection and treatment
25 facilities;
26 (b) Obtains all of its water from, but is not owned
27 or operated by a public water supply to which such
28 regulations apply;
29 (c) Does not sell water to any person; and
30 (d) Is not an interstate carrier watering point.
31 (4) is not a carrier that conveys passengers in
32 interstate commerce. A community public water supply which
33 meets all of the following conditions:
34 (a) Pumps not more than 100 gallons of water per
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1 capita per day, averaged annually;
2 (b) Has no more than three miles of distribution
3 piping for delivery of water to consumers;
4 (c) Has as its only source of raw water one or more
5 property constructed wells into confined geologic
6 formations not subject to contamination;
7 (d) Has no history of persistent or recurring
8 contamination, as indicated by sampling results which
9 show violations of finished water quality requirements,
10 for the most recent five-year period;
11 (e) Does not have any treatment other than
12 hypochlorination and fluoridation, except that
13 domestic-type equipment such as ion exchange softeners
14 and iron removal filters, properly installed and
15 maintained by a qualified service organization, may be
16 used;
17 (f) Has an active program approved by the Agency to
18 educate water supply consumers on preventing the entry of
19 contaminants into the water system.
20 (Source: P.A. 82-393.)
21 (415 ILCS 45/9.3 new)
22 Sec. 9.3. Grandparenting means the exemption for the
23 existing operator in responsible charge, as of the effective
24 date of this amendatory Act of the 91st General Assembly,
25 from meeting the initial education and examination
26 requirements for the class of certification the community
27 water supply has been assigned.
28 (415 ILCS 45/10) (from Ch. 111 1/2, par. 510)
29 Sec. 10. The Agency shall exercise the following
30 functions, powers, and duties with respect to community water
31 supply operator certification:
32 (a) Conduct examinations to ascertain the qualifications
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1 of applicants for certificates of competency as community
2 water supply operators, and pass upon the qualifications of
3 applicants for reciprocal certificates;
4 (b) Determine the qualifications of each applicant on
5 the basis of written examinations, and upon a review of the
6 requirements stated in Sections 13 and 14 of this Act;
7 (c) (Blank); May exempt those State-owned public water
8 supplies meeting the requirements listed in Sec. 6 of this
9 Act;
10 (d) May suspend, revoke, or refuse to issue any
11 certificate of competency for any one or any combination of
12 the following causes:
13 1) The practice of any fraud or deceit in obtaining
14 or attempting to obtain, renew, or restore a certificate
15 of competency;
16 2) Any gross negligence, incompetency, or
17 misconduct, or falsification of reports in the operation
18 of a water supply;
19 3) Being declared to be a person under legal
20 disability by a court of competent jurisdiction and not
21 thereafter having been lawfully declared to be a person
22 not under legal disability or to have recovered; or
23 4) Failure to comply with any of the Rules
24 pertaining to the operation of a water supply;
25 (e) Shall issue a Certificate to any applicant who has
26 satisfactorily met all the requirements of the Act pertaining
27 to a certificate of competency as a water supply operator;
28 (f) Shall notify every certified community water supply
29 operator and every registrant at the last address last
30 theretofore specified by the operator in his last
31 notification to the Agency, and at least one month in advance
32 of the expiration of the certificate or registration, of the
33 date of expiration of the his certificate or registration and
34 the amount of fee required for its renewal for 3 years; and
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1 (g) Shall May, upon its own motion, or and shall, upon a
2 the sworn written complaint in writing of any persons
3 setting forth charges which if proved would constitute
4 grounds for refusal, suspension, or revocation of a
5 certificate or registration as hereinabove set forth,
6 investigate the action of any person holding or claiming to
7 hold a certificate or registration, and take appropriate
8 action.
9 (h) The Agency is authorized to adopt reasonable and
10 necessary rules to set forth procedures and criteria for the
11 administration of this Act.
12 (Source: P.A. 83-706.)
13 (415 ILCS 45/11) (from Ch. 111 1/2, par. 511)
14 Sec. 11. "Advisory Board" means the community water
15 supply operator's advisory board to assist in the formulation
16 of and to review the policies and program of the Agency as
17 developed under authority of this Act, and to make
18 recommendations thereon and to provide the Agency with such
19 technical advice and assistance as may be requested.
20 The Advisory Board shall consist of the Director and 5
21 other members to be appointed by the Governor one of whom
22 shall be the chief executive officer of a municipality
23 operating its own municipal water plant. The 5 five appointed
24 members shall be persons having an active interest and with
25 wide background in water supply management and operation from
26 a practical and technical standpoint.
27 The 5 appointed four appointive members of the Advisory
28 Board serving at the effective date of this Act shall
29 continue in the same capacity until their previously
30 designated term expires. At the effective date of this Act,
31 the Governor shall appoint a fifth Advisory Board Member to
32 serve until September 1, 1977. On the expiration of the term
33 of any member the Governor shall appoint for a term of 5
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1 years a person having the qualifications hereinabove
2 specified to take the place of the member whose term has
3 expired, and who shall hold office until the expiration of
4 the term for which he is appointed and until a his successor
5 has been appointed and qualified.
6 The Director of the Agency or an authorized
7 representative shall serve as secretary and active
8 administrator of the Advisory Board without any additional
9 compensation. The Director He, or an his authorized
10 representative shall attend all meetings of the Advisory
11 Board, keep minutes, and take part in its discussion, but
12 shall not be entitled to vote.
13 The Advisory Board shall select, at its first meeting,
14 one of its members to serve as Chairman, and at the first
15 regular meeting in each calendar year thereafter the Chairman
16 for the ensuing year shall be selected.
17 The Advisory Board shall meet annually and at such
18 intervals as may be necessary to transact business which may
19 come before it upon call of the Agency, the Chairman of the
20 Advisory Board, or any 3 of its members. Any 3 members shall
21 constitute a quorum.
22 The Secretary shall see that accurate minutes are kept of
23 all duly constituted meetings of the Advisory Board.
24 Members of the Advisory Board shall serve without
25 compensation, but shall be reimbursed for expenses incurred
26 while traveling and performing duties under this Act. Such
27 expenses shall be paid from funds of the Agency appropriated
28 therefor.
29 The Advisory Board shall have the authority to review
30 contested Agency reciprocity determinations. The Advisory
31 Board must provide applicants who are denied reciprocity with
32 an opportunity to appear before the Board. The Advisory
33 Board shall review the decision to deny reciprocity and must
34 provide a recommendation to the Agency.
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1 (Source: P.A. 78-810.)
2 (415 ILCS 45/12) (from Ch. 111 1/2, par. 512)
3 Sec. 12. (a) The Pollution Control Board shall, upon the
4 sworn written request of the applicant, registrant or
5 certificate holder, conduct hearings or proceedings for the
6 Agency's refusal to issue, suspension, revocation, or denied
7 renewal of certificates or registration of persons applying
8 for or holding certification or registration under the
9 provisions of this Act.
10 (b) Hearings shall be conducted under Rules and
11 Regulations adopted by the Pollution Control Board outlining
12 the procedures to be followed in conducting a hearing.
13 (Source: P.A. 82-393.)
14 (415 ILCS 45/13) (from Ch. 111 1/2, par. 513)
15 Sec. 13. Community Water Supply Operators shall be
16 certified in accordance with the following classifications:
17 (a) A "Class A" Water Supply Operator Certificate shall
18 be issued to those persons who, in accordance with the
19 provisions of Sections 1 through 23 of this Act, demonstrate
20 the necessary skills, knowledge, ability, and judgment a
21 practical working knowledge of the chemical, biological, and
22 physical sciences essential to the practical mechanics of
23 coagulation, lime softening, and sedimentation, and
24 distribution in a manner which will provide safe, potable
25 water for human consumption. This includes all surface water
26 community water supplies. The operators He will also
27 demonstrate the necessary skills, knowledge, ability, and
28 judgment of the treatment processes have fulfilled the
29 requirements as outlined in Sections 13 (b), 13 (c), and 13
30 (d) of this Act.
31 (b) A "Class B" Water Supply Operator Certificate shall
32 be issued to those persons who, in accordance with the
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1 provisions of Section 1 through 23 of this Act, demonstrate
2 the necessary skills, knowledge, ability, and judgment a
3 practical working knowledge of the chemical, biological, and
4 physical sciences essential to the practical mechanics of
5 filtration, aeration and filtration, and ion exchange
6 systems, and distribution in a manner which will provide
7 safe, potable water for human consumption. The operators He
8 will also demonstrate the necessary skills, knowledge,
9 ability, and judgment of the treatment processes have
10 fulfilled the requirements as outlined in Sections 13 (c) and
11 13 (d) of this Act.
12 (c) A "Class C" Water Supply Operator Certificate shall
13 be issued to those persons who, in accordance with the
14 provisions of Sections 1 through 23 of this Act, demonstrate
15 the necessary skills, knowledge, ability, and judgment a
16 practical working knowledge of the chemical, biological, and
17 physical sciences essential to the practical mechanics of
18 chemical feeding and disinfection and distribution in a
19 manner which will provide safe, potable water for human
20 consumption. The operators He will also demonstrate the
21 necessary skills, knowledge, ability, and judgment of the
22 treatment processes have fulfilled the requirements as
23 outlined in Section 13 (d) of this Act.
24 (d) A "Class D" Water Supply Operator Certificate shall
25 be issued to those persons who, in accordance with the
26 provisions of Sections 1 through 23 of this Act, demonstrate
27 the necessary skills, knowledge, ability, and judgment a
28 practical working knowledge of the chemical, biological, and
29 physical sciences essential to the practical mechanics of
30 pumpage, storage, and distribution in a manner which will
31 provide safe, potable water for human consumption.
32 (Source: P.A. 78-810.)
33 (415 ILCS 45/14) (from Ch. 111 1/2, par. 514)
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1 Sec. 14. Every community water supply operator certified
2 by the Agency shall be capable of performing his or her
3 duties without endangering the health and well being of the
4 populace; shall be able to read and write English; and shall
5 produce evidence acceptable to the Agency as to his or her
6 character and his or her ability to maintain and operate
7 properly the structures and equipment entrusted to the
8 operator's his care. In addition, water supply operators
9 shall be certified as Class "A", Class "B", Class "C", Class
10 "D" operators in accordance with classes based on the level
11 of competency determined by examination and in accordance
12 with educational and experience levels as follows:
13 (a) Class "A" and Class "B" Water Supply Operator
14 Certificates require: 1. graduation from high school or
15 equivalent and not less than 3 years of acceptable study,
16 training, and responsible experience in water supply
17 operation or management as described in Sections 13 and 14 of
18 this Act.
19 2. Grammar school completion or equivalent and not less
20 than 4 years of acceptable study, training, and responsible
21 experience in water supply operation or management as
22 described in Sections 13 and 14 of this Act.
23 (b) Class "C" Water Supply Operator Certificates require
24 Certificate: 1. graduation from high school or the
25 equivalent and not less than one year of acceptable study,
26 training, and responsible experience in water supply
27 operation or management as described in Sections 13 and 14 of
28 this Act.
29 2. Grammar school completion or equivalent and not less
30 than 2 years of acceptable study, training, and responsible
31 experience in water supply operation or management as
32 described in Sections 13 and 14 of this Act.
33 (c) Class "D" Water Supply Operator Certificates require
34 Certificate: 1. graduation from high school or
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1 equivalent and not less than 6 months of acceptable study,
2 training, and responsible experience in water supply
3 operation or management as described in Sections 13 and 14 of
4 this Act.
5 2. Grammar school completion or equivalent and not less
6 than one year of acceptable study, training, and responsible
7 experience in water supply operation or management as
8 described in Sections 13 and 14 of this Act.
9 (d) The requirement for graduation from high school or
10 the equivalent shall be waived for community water supply
11 operators certified prior to the effective date of this
12 amendatory Act of the 91st General Assembly and for community
13 water supply operators certified under Section 19(a) of this
14 Act.
15 (Source: P.A. 78-810.)
16 (415 ILCS 45/16) (from Ch. 111 1/2, par. 516)
17 Sec. 16. Applications for certification shall:
18 (a) Be on forms prescribed and furnished by the Agency;
19 (b) Contain statements made under oath showing
20 applicant's education and experience;
21 (c) Contain not less than 3 references; and
22 (d) Be accompanied by the proper fee as hereinafter
23 provided in Section 22 of this Act.
24 (Source: P.A. 78-810.)
25 (415 ILCS 45/17) (from Ch. 111 1/2, par. 517)
26 Sec. 17. Examinations provided for in Section 10 of this
27 Act shall be given to community water supply operator
28 certification applicants for the purpose of determining if
29 said applicants can demonstrate the necessary skills,
30 knowledge, ability, and judgment a practical working
31 knowledge of the sciences and mechanics of water supply
32 operation as outlined in Section 13 of this Act.
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1 (a) Examinations shall be of separate classifications as
2 outlined in Section 13 of this Act.
3 (b) Examinations shall be conducted under Technical
4 Releases as provided by the Agency, and shall be held not
5 less frequently than annually, at times and places prescribed
6 by the Agency, of which applicants shall be notified by the
7 Agency in writing.
8 (c) Unless issued under grandparenting in Section 19 of
9 this Act, or under reciprocity in Section 20 of this Act, no
10 certificate shall be issued prior to successful completion of
11 the applicable examination.
12 (Source: P.A. 78-810.)
13 (415 ILCS 45/18) (from Ch. 111 1/2, par. 518)
14 Sec. 18. The Water Supply Operator Certificate shall
15 certify the competency of the applicant within the class of
16 certificate issued, and shall show the full name of the
17 applicant, have a serial number, and be signed by the
18 Director.
19 (a) Certificates shall be issued for a period of 3
20 years, with the expiration date being three years from the
21 first day of July of the calendar year in which the
22 certificate is issued.
23 (b) Every 3 years, on or before the July 1 expiration, a
24 certified community water supply operator shall renew his or
25 her certificate of competency and pay the required renewal
26 fee. A grace period for renewal will be granted until August
27 1 of that year before the restoration fee reinstatement
28 penalty is assessed as provided in Section 22 15 of this Act.
29 (c) A certified water supply operator may renew his or
30 her certificate every 3 years upon a showing, prior to
31 certificate renewal, that: At the time of a certificate
32 renewal, no additional examination shall be required,
33 providing certificate holder requests renewal in the same
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1 classification without a revision in certificate class.
2 (1) in the case of a Class "A" or Class "B"
3 operator, he or she has completed a minimum of 30 hours
4 of training as determined by the Agency for certificate
5 renewal during the period of 3 years; or
6 (2) in the case of a Class "C" or Class "D"
7 operator, he or she has completed a minimum of 15 hours
8 of training as determined by the Agency for certificate
9 renewal during the period of 3 years.
10 (d) An individual A certified Water Supply Operator
11 whose certificate of competency has been expired for less
12 than 2 5 years may have his or her certificate restored only
13 upon payment of all lapsed renewal fees, and also upon
14 payment of the required restoration fee and upon a showing
15 that the individual has completed the required training. An
16 individual A water supply operator whose certificate has been
17 expired for more than 2 5 years may must reapply for
18 certification as a water supply operator.
19 (e) Any certified Community Water Supply Operator whose
20 certificate of competency has expired while the operator he
21 was engaged in Federal Service on Active Duty with the Armed
22 Forces of the United States, including United States Merchant
23 Marines, or in training or education under the supervision of
24 the United States preliminary to induction into the military
25 service, may have his or her certificate of competency
26 restored without paying any lapsed renewal fee or restoration
27 fee or passing any additional examination if, within one year
28 after termination of such service, training, or education,
29 other than by dishonorable discharge, the operator he
30 furnishes the Agency with an affidavit to the effect that the
31 operator he was so engaged and that his or her service,
32 training, or education was so terminated.
33 (f) Registration of a person in responsible charge of an
34 exempt community public water supply shall be valid for a
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1 period of three years, with the expiration date being three
2 years from the first day of January of the calendar year in
3 which the registration is issued.
4 (g) Every three years, on or before the January 1
5 expiration, a registered person in responsible charge shall
6 renew his registration. A grace period for renewal will be
7 granted until February 1 of that year before the registration
8 is declared to have expired.
9 (Source: P.A. 82-393.)
10 (415 ILCS 45/19) (from Ch. 111 1/2, par. 519)
11 Sec. 19. (a) The registered person in responsible charge
12 of a previously exempt community water supply on the
13 effective date of this amendatory Act of the 91st General
14 Assembly may be issued a certificate of competency, with no
15 fee required, after the effective date of this amendatory Act
16 of the 91st General Assembly for the community water supply
17 for which the individual is registered. The community water
18 supply owner must make application for grandparenting of the
19 operator in responsible charge within 2 years of the
20 effective date of this amendatory Act of the 91st General
21 Assembly. This certificate is non-transferable, site
22 specific, and is not valid if the water system is
23 reclassified to a higher level.
24 (b) Each individual who is issued a certificate of
25 competency under Section 19(a) of this Act may renew the
26 certificate every 3 years in accordance with the renewal
27 requirements of Sections 18 and 22 of this Act.
28 At the effective date of this Act, all certificates in
29 effect issued under "An Act to Regulate the Operating of a
30 Public Water Supply", approved June 25, 1963, as amended,
31 shall remain valid until the July 1 expiration date
32 previously designated for that certificate, and upon its
33 surrender shall be exchanged for a new certificate in the
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1 class for which his experience, education, and examination
2 records show him to be qualified for under Sections 13 and 14
3 of this Act. The appropriate renewal fee, designated in
4 Section 22 of this Act, shall be required for issuance of the
5 new certificate, and the expiration date of that certificate
6 shall be 3 years from the expiration date of the surrendered
7 certificate.
8 (Source: P.A. 78-810.)
9 (415 ILCS 45/20) (from Ch. 111 1/2, par. 520)
10 Sec. 20. The Agency shall, upon application therefor and
11 the payment of the proper fee, issue a certificate of
12 competency to any person who holds an unexpired certificate
13 of competency issued to him by any state or territory or
14 possession of the United States or of any country, if:
15 (a) the requirements for the certificate of competency
16 under which the certificate of competency was issued do not
17 conflict with and are substantially equal to those specified
18 by Sections 1 through 23 of this Act;, and:
19 (b) the particular state or territory or possession of
20 the United States or country extends similar privileges to
21 persons certified under Sections 1 through 23 of this Act.
22 (Source: P.A. 78-810.)
23 (415 ILCS 45/22) (from Ch. 111 1/2, par. 522)
24 Sec. 22. Fees for the issuance, renewal, or restoration
25 of an Illinois Water Supply Operator Certificate shall be as
26 follows:
27 (a) The fee to be paid by an applicant for an who does
28 not hold a valid Illinois certificate of competency or is
29 applying for classification revision is $30.
30 (b) The fee to be paid by an applicant for the following
31 transactions is $10:
32 (1) examination to determine fitness to receive a
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1 certificate of competency;
2 (2) issuance of a reciprocal certificate of
3 competency under Section 20 of this Act;
4 (3) (Blank); issuance of a certificate of
5 competency under Section 21 of this Act;
6 (4) renewal of a certificate of competency other
7 than a certificate issued under Section 21 of this Act;
8 (5) restoration of a certificate of competency; or
9 (6) issuance of a duplicate certificate of
10 competency.
11 (c) All fees collected by the Agency under this Section
12 shall be deposited into the Environmental Protection Permit
13 and Inspection Fund in accordance with Section 22.8 of the
14 Environmental Protection Act.
15 (Source: P.A. 85-250.)
16 (415 ILCS 45/9.2 rep.)
17 (415 ILCS 45/21 rep.)
18 Section 10. The Public Water Supply Operations Act is
19 amended by repealing Sections 9.2 and 21.
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.
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