Rep. Chapin Rose
Filed: 11/16/2010
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1 | AMENDMENT TO HOUSE BILL 1935
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2 | AMENDMENT NO. ______. Amend House Bill 1935 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Section 4-203 as follows:
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6 | (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
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7 | Sec. 4-203. Removal of motor vehicles or other vehicles; | ||||||
8 | Towing or
hauling away.
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9 | (a) When a vehicle is abandoned, or left unattended, on a | ||||||
10 | toll
highway, interstate highway, or expressway for 2 hours or | ||||||
11 | more, its
removal by a towing service may be authorized by a | ||||||
12 | law enforcement
agency having jurisdiction.
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13 | (b) When a vehicle is abandoned on a highway in an urban | ||||||
14 | district 10
hours or more, its removal by a towing service may | ||||||
15 | be authorized by a
law enforcement agency having jurisdiction.
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16 | (c) When a vehicle is abandoned or left unattended on a |
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1 | highway
other than a toll highway, interstate highway, or | ||||||
2 | expressway, outside of
an urban district for 24 hours or more, | ||||||
3 | its removal by a towing service
may be authorized by a law | ||||||
4 | enforcement agency having jurisdiction.
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5 | (d) When an abandoned, unattended, wrecked, burned or | ||||||
6 | partially
dismantled vehicle is creating a traffic hazard | ||||||
7 | because of its position
in relation to the highway or its | ||||||
8 | physical appearance is causing the
impeding of traffic, its | ||||||
9 | immediate removal from the highway or private
property adjacent | ||||||
10 | to the highway by a towing service may be authorized
by a law | ||||||
11 | enforcement agency having jurisdiction.
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12 | (e) Whenever a
peace officer reasonably believes that a | ||||||
13 | person under
arrest for a violation of Section 11-501 of this | ||||||
14 | Code or a similar
provision of a local ordinance is likely, | ||||||
15 | upon release, to commit a
subsequent violation of Section | ||||||
16 | 11-501, or a similar provision of a local
ordinance, the | ||||||
17 | arresting officer shall have the vehicle which the person
was | ||||||
18 | operating at the time of the arrest impounded for a period of | ||||||
19 | not more
than 12 hours after the time of arrest. However, such | ||||||
20 | vehicle may be
released by the arresting law enforcement agency | ||||||
21 | prior to the end of the
impoundment period if:
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22 | (1) the vehicle was not owned by the person under | ||||||
23 | arrest, and the lawful
owner requesting such release | ||||||
24 | possesses a valid operator's license, proof
of ownership, | ||||||
25 | and would not, as determined by the arresting law | ||||||
26 | enforcement
agency, indicate a lack of ability to operate a |
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1 | motor vehicle in a safe
manner, or who would otherwise, by | ||||||
2 | operating such motor vehicle, be in
violation of this Code; | ||||||
3 | or
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4 | (2) the vehicle is owned by the person under arrest, | ||||||
5 | and the person
under arrest gives permission to another | ||||||
6 | person to operate such vehicle,
provided however, that the | ||||||
7 | other person possesses a valid operator's license
and would | ||||||
8 | not, as determined by the arresting law enforcement
agency, | ||||||
9 | indicate a lack of ability to operate a motor vehicle in a | ||||||
10 | safe
manner or who would otherwise, by operating such motor | ||||||
11 | vehicle, be in
violation of this Code.
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12 | (e-5) Whenever a registered owner of a vehicle is taken | ||||||
13 | into custody for
operating the vehicle in violation of Section | ||||||
14 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
15 | or Section 6-303 of this Code, a
law enforcement officer
may | ||||||
16 | have the vehicle immediately impounded for a period not less | ||||||
17 | than:
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18 | (1) 24 hours for a second violation of Section 11-501 | ||||||
19 | of this Code or a
similar provision of a local ordinance or | ||||||
20 | Section 6-303
of
this Code or a combination of these | ||||||
21 | offenses; or
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22 | (2) 48 hours for a third violation of Section 11-501 of | ||||||
23 | this Code or a
similar provision of a local ordinance or | ||||||
24 | Section 6-303 of this
Code or a combination of these | ||||||
25 | offenses.
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26 | The vehicle may be released sooner if the vehicle is owned |
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1 | by the person
under arrest and the person under arrest gives | ||||||
2 | permission to another person to
operate the vehicle and that | ||||||
3 | other person possesses a valid operator's license
and would | ||||||
4 | not, as determined by the arresting law enforcement agency, | ||||||
5 | indicate
a lack of ability to operate a motor vehicle in a safe | ||||||
6 | manner or would
otherwise, by operating the motor vehicle, be | ||||||
7 | in violation of this Code.
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8 | (f) Except as provided in Chapter 18a of this Code, the | ||||||
9 | owner or
lessor of privately owned real property within this | ||||||
10 | State, or any person
authorized by such owner or lessor, or any | ||||||
11 | law enforcement agency in the
case of publicly owned real | ||||||
12 | property may cause any motor vehicle abandoned
or left | ||||||
13 | unattended upon such property without permission to be removed | ||||||
14 | by a
towing service without liability for the costs of removal, | ||||||
15 | transportation
or storage or damage caused by such removal, | ||||||
16 | transportation or storage.
The towing or removal of any vehicle | ||||||
17 | from private property without the
consent of the registered | ||||||
18 | owner or other legally authorized person in
control of the | ||||||
19 | vehicle is subject to compliance with the following
conditions | ||||||
20 | and restrictions:
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21 | 1. Any towed or removed vehicle must be stored at the | ||||||
22 | site of the towing
service's place of business. The site | ||||||
23 | must be open during business hours,
and for the purpose of | ||||||
24 | redemption of vehicles, during the time that the
person or | ||||||
25 | firm towing such vehicle is open for towing purposes.
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26 | 2. The towing service shall within 30 minutes of |
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1 | completion of such
towing or removal, notify the law | ||||||
2 | enforcement agency having jurisdiction of
such towing or | ||||||
3 | removal, and the make, model, color and license plate | ||||||
4 | number
of the vehicle, and shall obtain and record the name | ||||||
5 | of the person at the law
enforcement agency to whom such | ||||||
6 | information was reported.
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7 | 3. If the registered owner or legally authorized person | ||||||
8 | entitled to
possession of the vehicle shall arrive at the | ||||||
9 | scene prior to actual removal
or towing of the vehicle, the | ||||||
10 | vehicle shall be disconnected from the tow
truck and that | ||||||
11 | person shall be allowed to remove the vehicle without
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12 | interference, upon the payment of a reasonable service fee | ||||||
13 | of not more than
one half the posted rate of the towing | ||||||
14 | service as provided in paragraph
6 of this subsection, for | ||||||
15 | which a receipt shall be given.
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16 | 4. The rebate or payment of money or any other valuable | ||||||
17 | consideration
from the towing service or its owners, | ||||||
18 | managers or employees to the owners
or operators of the | ||||||
19 | premises from which the vehicles are towed or removed,
for | ||||||
20 | the privilege of removing or towing those vehicles, is | ||||||
21 | prohibited. Any
individual who violates this paragraph | ||||||
22 | shall be guilty of a Class A
misdemeanor.
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23 | 5. Except for property appurtenant to and obviously a | ||||||
24 | part of a single
family residence, and except for instances | ||||||
25 | where notice is personally given
to the owner or other | ||||||
26 | legally authorized person in control of the vehicle
that |
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1 | the area in which that vehicle is parked is reserved or | ||||||
2 | otherwise
unavailable to unauthorized vehicles and they | ||||||
3 | are subject to being removed
at the owner or operator's | ||||||
4 | expense, any property owner or lessor, prior to
towing or | ||||||
5 | removing any vehicle from private property without the | ||||||
6 | consent of
the owner or other legally authorized person in | ||||||
7 | control of that vehicle,
must post a notice meeting the | ||||||
8 | following requirements:
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9 | a. Except as otherwise provided in subparagraph | ||||||
10 | a.1 of this subdivision (f)5, the notice must be | ||||||
11 | prominently placed at each driveway access or curb
cut | ||||||
12 | allowing vehicular access to the property within 5 feet | ||||||
13 | from the public
right-of-way line. If there are no | ||||||
14 | curbs or access barriers, the sign must
be posted not | ||||||
15 | less than one sign each 100 feet of lot frontage.
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16 | a.1. In a municipality with a population of less | ||||||
17 | than 250,000, as an alternative to the requirement of | ||||||
18 | subparagraph a of this subdivision (f)5, the notice for | ||||||
19 | a parking lot contained within property used solely for | ||||||
20 | a 2-family, 3-family, or 4-family residence may be | ||||||
21 | prominently placed at the perimeter of the parking lot, | ||||||
22 | in a position where the notice is visible to the | ||||||
23 | occupants of vehicles entering the lot.
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24 | b. The notice must indicate clearly, in not less | ||||||
25 | than 2 inch high
light-reflective letters on a | ||||||
26 | contrasting background, that unauthorized
vehicles |
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1 | will be towed away at the owner's expense.
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2 | c. The notice must also provide the name and | ||||||
3 | current telephone
number of the towing service towing | ||||||
4 | or removing the vehicle.
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5 | d. The sign structure containing the required | ||||||
6 | notices must be
permanently installed with the bottom | ||||||
7 | of the sign not less than 4 feet
above ground level, | ||||||
8 | and must be continuously maintained on the property for
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9 | not less than 24 hours prior to the towing or removing | ||||||
10 | of any vehicle.
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11 | 6. Any towing service that tows or removes vehicles and | ||||||
12 | proposes to
require the owner, operator, or person in | ||||||
13 | control of the vehicle to pay the
costs of towing and | ||||||
14 | storage prior to redemption of the vehicle must file
and | ||||||
15 | keep on record with the local law enforcement agency a | ||||||
16 | complete copy of
the current rates to be charged for such | ||||||
17 | services, and post at the storage
site an identical rate | ||||||
18 | schedule and any written contracts with property
owners, | ||||||
19 | lessors, or persons in control of property which authorize | ||||||
20 | them to
remove vehicles as provided in this Section.
The | ||||||
21 | towing and storage charges, however, shall not exceed the | ||||||
22 | maximum allowed by the Illinois Commerce Commission under | ||||||
23 | Section 18a-200.
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24 | 7. No person shall engage in the removal of vehicles | ||||||
25 | from private
property as described in this Section without | ||||||
26 | filing a notice of intent
in each community where he |
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1 | intends to do such removal, and such
notice shall be filed | ||||||
2 | at least 7 days before commencing such towing.
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3 | 8. No removal of a vehicle from private property shall | ||||||
4 | be done except
upon express written instructions of the | ||||||
5 | owners or persons in charge of the
private property upon | ||||||
6 | which the vehicle is said to be trespassing.
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7 | 9. Vehicle entry for the purpose of removal shall be | ||||||
8 | allowed with
reasonable care on the part of the person or | ||||||
9 | firm towing the vehicle. Such
person or firm shall be | ||||||
10 | liable for any damages occasioned to the vehicle if
such | ||||||
11 | entry is not in accordance with the standards of reasonable | ||||||
12 | care.
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13 | 10. When a vehicle has been towed or removed pursuant | ||||||
14 | to this Section,
it must be released to its owner or | ||||||
15 | custodian within one half hour after
requested, if such | ||||||
16 | request is made during business hours. Any vehicle owner
or | ||||||
17 | custodian or agent shall have the right to inspect the | ||||||
18 | vehicle before
accepting its return, and no release or | ||||||
19 | waiver of any kind which would
release the towing service | ||||||
20 | from liability for damages incurred during the
towing and | ||||||
21 | storage may be required from any vehicle owner or other | ||||||
22 | legally
authorized person as a condition of release of the | ||||||
23 | vehicle. A detailed,
signed receipt showing the legal name | ||||||
24 | of the towing service must be given
to the person paying | ||||||
25 | towing or storage charges at the time of payment,
whether | ||||||
26 | requested or not.
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1 | This Section shall not apply to law enforcement, | ||||||
2 | firefighting, rescue,
ambulance, or other emergency vehicles | ||||||
3 | which are marked as such or to
property owned by any | ||||||
4 | governmental entity.
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5 | When an authorized person improperly causes a motor vehicle | ||||||
6 | to be
removed, such person shall be liable to the owner or | ||||||
7 | lessee of the vehicle
for the cost or removal, transportation | ||||||
8 | and storage, any damages resulting
from the removal, | ||||||
9 | transportation and storage, attorney's fee and court costs.
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10 | Any towing or storage charges accrued shall be payable by | ||||||
11 | the use of any
major credit card, in addition to being payable | ||||||
12 | in cash.
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13 | 11. Towing companies shall also provide insurance | ||||||
14 | coverage for areas
where vehicles towed under the | ||||||
15 | provisions of this Chapter will be impounded
or otherwise | ||||||
16 | stored, and shall adequately cover loss by fire, theft or
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17 | other risks.
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18 | Any person who fails to comply with the conditions and | ||||||
19 | restrictions of
this subsection shall be guilty of a Class C | ||||||
20 | misdemeanor and shall be fined
not less than $100 nor more than | ||||||
21 | $500.
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22 | (g) (1) When a vehicle is determined to be a hazardous | ||||||
23 | dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | ||||||
24 | Illinois Municipal Code, its
removal and impoundment by a | ||||||
25 | towing service may be authorized by a law
enforcement agency | ||||||
26 | with appropriate jurisdiction.
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1 | (2) When a vehicle removal from either public or private | ||||||
2 | property is
authorized by a law enforcement agency, the owner | ||||||
3 | of the vehicle shall be
responsible for all towing and storage | ||||||
4 | charges.
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5 | (3) Vehicles removed from public or private property and
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6 | stored by a commercial vehicle relocator or any other towing | ||||||
7 | service authorized by a law enforcement agency in
compliance | ||||||
8 | with this Section and Sections 4-201 and 4-202
of this Code, or | ||||||
9 | at the request of the vehicle owner or operator,
shall
be | ||||||
10 | subject to a possessor lien for services
pursuant to the Labor | ||||||
11 | and Storage Lien (Small Amount) Act. The provisions of Section | ||||||
12 | 1 of that Act relating to notice
and implied consent shall be | ||||||
13 | deemed satisfied by compliance with Section
18a-302 and | ||||||
14 | subsection (6) of Section 18a-300. In no event shall such lien
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15 | be greater than the rate or rates established in accordance | ||||||
16 | with subsection
(6) of Section 18a-200 of this Code. In no | ||||||
17 | event shall such lien be
increased or altered to reflect any | ||||||
18 | charge for services or materials
rendered in addition to those | ||||||
19 | authorized by this Act. Every such lien
shall be payable by use | ||||||
20 | of any major credit card, in addition to being
payable in cash.
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21 | (4) Any personal property belonging to the vehicle owner in | ||||||
22 | a vehicle subject to a lien under this
subsection
(g) shall | ||||||
23 | likewise be subject to that lien, excepting only:
child | ||||||
24 | restraint systems as defined in Section 4 of the Child | ||||||
25 | Passenger Protection Act and other child booster seats; | ||||||
26 | eyeglasses; food; medicine; perishable property; any |
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1 | operator's licenses; any cash, credit
cards, or checks or | ||||||
2 | checkbooks; any wallet, purse, or other property
containing any | ||||||
3 | operator's license or other identifying documents or | ||||||
4 | materials,
cash, credit cards, checks, or checkbooks; and any | ||||||
5 | personal property belonging to a person other than the vehicle | ||||||
6 | owner if that person provides adequate proof that the personal | ||||||
7 | property belongs to that person. The spouse, child, mother, | ||||||
8 | father, brother, or sister of the vehicle owner may claim | ||||||
9 | personal property excepted under this paragraph (4) if the | ||||||
10 | person claiming the personal property provides the commercial | ||||||
11 | vehicle relocator or towing service with the authorization of | ||||||
12 | the vehicle owner. | ||||||
13 | (5) This paragraph (5) applies only in the case of a | ||||||
14 | vehicle that is towed as a result of being involved in an | ||||||
15 | accident. In addition to the personal property excepted under | ||||||
16 | paragraph (4), all other personal property in a vehicle subject | ||||||
17 | to a lien under this subsection (g) is exempt from that lien | ||||||
18 | and may be claimed by the vehicle owner if the vehicle owner | ||||||
19 | provides the commercial vehicle relocator or towing service | ||||||
20 | with proof that the vehicle owner has an insurance policy | ||||||
21 | covering towing and storage fees. The spouse, child, mother, | ||||||
22 | father, brother, or sister of the vehicle owner may claim | ||||||
23 | personal property in a vehicle subject to a lien under this | ||||||
24 | subsection (g) if the person claiming the personal property | ||||||
25 | provides the commercial vehicle relocator or towing service | ||||||
26 | with the authorization of the vehicle owner and proof that the |
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1 | vehicle owner has an insurance policy covering towing and | ||||||
2 | storage fees. The regulation of liens on personal property and | ||||||
3 | exceptions to those liens in the case of vehicles towed as a | ||||||
4 | result of being involved in an accident are
exclusive powers | ||||||
5 | and functions of the State. A home
rule unit may not regulate | ||||||
6 | liens on personal property and exceptions to those liens in the | ||||||
7 | case of vehicles towed as a result of being involved in an | ||||||
8 | accident. This paragraph (5) is a denial and
limitation of home | ||||||
9 | rule powers and functions under
subsection (h) of Section 6 of | ||||||
10 | Article VII of the
Illinois Constitution. | ||||||
11 | (6) No lien under this subsection (g) shall:
exceed $2,000 | ||||||
12 | in its total amount; or
be increased or altered to reflect any | ||||||
13 | charge for services or
materials rendered in addition to those | ||||||
14 | authorized by this Act.
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15 | (h) Whenever a peace officer issues a citation to a driver | ||||||
16 | for a violation of subsection (a) of Section 11-506 of this | ||||||
17 | Code, the arresting officer may have the vehicle which the | ||||||
18 | person was operating at the time of the arrest impounded for a | ||||||
19 | period of 5 days after the time of arrest.
An impounding agency | ||||||
20 | shall release a motor vehicle impounded under this subsection | ||||||
21 | (h) to the registered owner of the vehicle under any of the | ||||||
22 | following circumstances: | ||||||
23 | (1) If the vehicle is a stolen vehicle; or | ||||||
24 | (2) If the person ticketed for a violation of | ||||||
25 | subsection (a) of Section 11-506 of this Code was not | ||||||
26 | authorized by the registered owner of the vehicle to |
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1 | operate the vehicle at the time of the violation; or | ||||||
2 | (3) If the registered owner of the vehicle was neither | ||||||
3 | the driver nor a passenger in the vehicle at the time of | ||||||
4 | the violation or was unaware that the driver was using the | ||||||
5 | vehicle to engage in street racing; or | ||||||
6 | (4) If the legal owner or registered owner of the | ||||||
7 | vehicle is a rental car agency; or | ||||||
8 | (5) If, prior to the expiration of the impoundment | ||||||
9 | period specified above, the citation is dismissed or the | ||||||
10 | defendant is found not guilty of the offense.
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11 | (Source: P.A. 95-310, eff. 1-1-08; 95-562, eff. 7-1-08; 95-621, | ||||||
12 | eff. 6-1-08; 95-876, eff. 8-21-08; 96-1274, eff. 7-26-10.)
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13 | Section 99. Effective date. This Act takes effect January | ||||||
14 | 1, 2011.".
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