Full Text of HB3303 99th General Assembly
HB3303ham001 99TH GENERAL ASSEMBLY | Rep. Elaine Nekritz Filed: 4/8/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3303
| 2 | | AMENDMENT NO. ______. Amend House Bill 3303 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Freedom of Information Act is amended by | 5 | | changing Sections 2 and 2.15 as follows:
| 6 | | (5 ILCS 140/2) (from Ch. 116, par. 202)
| 7 | | Sec. 2. Definitions. As used in this Act:
| 8 | | (a) "Public body" means all legislative,
executive, | 9 | | administrative, or advisory bodies of the State, state | 10 | | universities
and colleges, counties, townships, cities, | 11 | | villages, incorporated towns,
school districts and all other | 12 | | municipal corporations,
boards, bureaus, committees, or | 13 | | commissions of this State, any
subsidiary
bodies of any of the | 14 | | foregoing including but not limited to committees and
| 15 | | subcommittees thereof, and a School Finance Authority created | 16 | | under
Article 1E of the School Code.
"Public body" does not |
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| 1 | | include a child death review team
or the Illinois Child Death | 2 | | Review Teams
Executive Council
established under
the Child | 3 | | Death Review Team Act, or a regional youth advisory board or | 4 | | the Statewide Youth Advisory Board established under the | 5 | | Department of Children and Family Services Statewide Youth | 6 | | Advisory Board Act.
| 7 | | (b) "Person" means any individual, corporation, | 8 | | partnership, firm,
organization
or association, acting | 9 | | individually or as a group.
| 10 | | (c) "Public records" means all records, reports, forms, | 11 | | writings, letters,
memoranda, books, papers, maps, | 12 | | photographs, microfilms, cards, tapes,
recordings,
electronic | 13 | | data processing records, electronic communications, recorded | 14 | | information and all other
documentary
materials pertaining to | 15 | | the transaction of public business, regardless of physical form | 16 | | or characteristics, having been
prepared by or for, or having | 17 | | been or being used by, received by, in the possession of, or | 18 | | under the
control
of
any public body. "Public records" do not | 19 | | include documentary materials whose disclosure is regulated | 20 | | under the Juvenile Court Act of 1987. | 21 | | (c-5) "Private information" means unique identifiers, | 22 | | including a person's social security number, driver's license | 23 | | number, employee identification number, biometric identifiers, | 24 | | personal financial information, passwords or other access | 25 | | codes, medical records, home or personal telephone numbers, and | 26 | | personal email addresses. Private information also includes |
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| 1 | | home address and personal license plates, except as otherwise | 2 | | provided by law or when compiled without possibility of | 3 | | attribution to any person. | 4 | | (c-10) "Commercial purpose" means the use of any part of a | 5 | | public record or records, or information derived from public | 6 | | records, in any form for sale, resale, or solicitation or | 7 | | advertisement for sales or services. For purposes of this | 8 | | definition, requests made by news media and non-profit, | 9 | | scientific, or academic organizations shall not be considered | 10 | | to be made for a "commercial purpose" when the principal | 11 | | purpose of the request is (i) to access and disseminate | 12 | | information concerning news and current or passing events, (ii) | 13 | | for articles of opinion or features of interest to the public, | 14 | | or (iii) for the purpose of academic, scientific, or public | 15 | | research or education.
| 16 | | (d) "Copying" means the reproduction of any public record | 17 | | by means of any
photographic, electronic, mechanical or other | 18 | | process, device or means now known or hereafter developed and | 19 | | available to the public body.
| 20 | | (e) "Head of the public body" means the president, mayor, | 21 | | chairman,
presiding
officer, director, superintendent, | 22 | | manager, supervisor or individual otherwise
holding primary | 23 | | executive and administrative authority for the public
body, or | 24 | | such person's duly authorized designee.
| 25 | | (f) "News media" means a newspaper or other periodical | 26 | | issued at regular
intervals whether in print or electronic |
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| 1 | | format, a news service whether
in print or electronic format, a | 2 | | radio
station, a television station, a television network, a | 3 | | community
antenna television service, or a person or | 4 | | corporation engaged in making news
reels or other motion | 5 | | picture news for public showing.
| 6 | | (g) "Recurrent requester", as used in Section 3.2 of this | 7 | | Act, means a person that, in the 12 months immediately | 8 | | preceding the request, has submitted to the same public body | 9 | | (i) a minimum of 50 requests for records, (ii) a minimum of 15 | 10 | | requests for records within a 30-day period, or (iii) a minimum | 11 | | of 7 requests for records within a 7-day period. For purposes | 12 | | of this definition, requests made by news media and non-profit, | 13 | | scientific, or academic organizations shall not be considered | 14 | | in calculating the number of requests made in the time periods | 15 | | in this definition when the principal purpose of the requests | 16 | | is (i) to access and disseminate information concerning news | 17 | | and current or passing events, (ii) for articles of opinion or | 18 | | features of interest to the public, or (iii) for the purpose of | 19 | | academic, scientific, or public research or education. | 20 | | For the purposes of this subsection (g), "request" means a | 21 | | written document (or oral request, if the public body chooses | 22 | | to honor oral requests) that is submitted to a public body via | 23 | | personal delivery, mail, telefax, electronic mail, or other | 24 | | means available to the public body and that identifies the | 25 | | particular public record the requester seeks. One request may | 26 | | identify multiple records to be inspected or copied. |
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| 1 | | (h) "Voluminous request" means a request that: (i) includes | 2 | | more than 5 individual requests for more than 5 different | 3 | | categories of records or a combination of individual requests | 4 | | that total requests for more than 5 different categories of | 5 | | records in a period of 20 business days; or (ii) requires the | 6 | | compilation of more than 500 letter or legal-sized pages of | 7 | | public records unless a single requested record exceeds 500 | 8 | | pages. "Single requested record" may include, but is not | 9 | | limited to, one report, form, e-mail, letter, memorandum, book, | 10 | | map, microfilm, tape, or recording. | 11 | | "Voluminous request" does not include a request made by | 12 | | news media and non-profit, scientific, or academic | 13 | | organizations if the principal purpose of the request is: (1) | 14 | | to access and disseminate information concerning news and | 15 | | current or passing events; (2) for articles of opinion or | 16 | | features of interest to the public; or (3) for the purpose of | 17 | | academic, scientific, or public research or education. | 18 | | For the purposes of this subsection (h), "request" means a | 19 | | written document, or oral request, if the public body chooses | 20 | | to honor oral requests, that is submitted to a public body via | 21 | | personal delivery, mail, telefax, electronic mail, or other | 22 | | means available to the public body and that identifies the | 23 | | particular public record or records the requester seeks. One | 24 | | request may identify multiple individual records to be | 25 | | inspected or copied. | 26 | | (Source: P.A. 97-579, eff. 8-26-11; 98-806, eff. 1-1-15; |
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| 1 | | 98-1129, eff. 12-3-14; revised 12-19-14.)
| 2 | | (5 ILCS 140/2.15)
| 3 | | Sec. 2.15. Arrest reports and criminal history records. | 4 | | (a) Arrest reports. The following chronologically | 5 | | maintained arrest and criminal history information maintained | 6 | | by State or local criminal justice agencies shall be furnished | 7 | | as soon as practical, but in no event later than 72 hours after | 8 | | the arrest, notwithstanding the time limits otherwise provided | 9 | | for in Section 3 of this Act: (i) information that identifies | 10 | | the individual, including the name, age, address, and | 11 | | photograph, when and if available; (ii) information detailing | 12 | | any charges relating to the arrest; (iii) the time and location | 13 | | of the arrest; (iv) the name of the investigating or arresting | 14 | | law enforcement agency; (v) if the individual is incarcerated, | 15 | | the amount of any bail or bond; and (vi) if the individual is | 16 | | incarcerated, the time and date that the individual was | 17 | | received into, discharged from, or transferred from the | 18 | | arresting agency's custody. | 19 | | (b) Criminal history records. The following documents | 20 | | maintained by a public body pertaining to
criminal history | 21 | | record information are public records subject to inspection and | 22 | | copying by the
public pursuant to this Act: (i) court records | 23 | | that are public; (ii) records that are otherwise
available | 24 | | under State or local law; and (iii) records in which the | 25 | | requesting party is the individual
identified, except as |
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| 1 | | provided under Section 7(1)(d)(vi). | 2 | | (c) Information described in items (iii) through (vi) of | 3 | | subsection (a) may be withheld if it is
determined that | 4 | | disclosure would: (i) interfere with pending or actually and | 5 | | reasonably contemplated law enforcement proceedings conducted | 6 | | by any law enforcement agency; (ii) endanger the life or | 7 | | physical safety of law enforcement or correctional personnel or | 8 | | any other person; or (iii) compromise the security of any | 9 | | correctional facility. | 10 | | (d) The provisions of this Section do not supersede the | 11 | | confidentiality provisions for law enforcement or arrest | 12 | | records of the Juvenile Court Act of 1987.
| 13 | | (Source: P.A. 96-542, eff. 1-1-10.) | 14 | | Section 10. The Juvenile Court Act of 1987 is amended by | 15 | | changing Section 1-7 as follows:
| 16 | | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
| 17 | | Sec. 1-7. Confidentiality of law enforcement records.
| 18 | | (A) Inspection and copying of law enforcement records | 19 | | maintained by law
enforcement agencies that relate to a minor | 20 | | who has been investigated, arrested , or taken
into custody | 21 | | before his or her 18th birthday shall be restricted to the
| 22 | | following:
| 23 | | (1) Any local, State or federal law enforcement | 24 | | officers of any
jurisdiction or agency when necessary for |
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| 1 | | the discharge of their official
duties during the | 2 | | investigation or prosecution of a crime or relating to a
| 3 | | minor who has been adjudicated delinquent and there has | 4 | | been a previous finding
that the act which constitutes the | 5 | | previous offense was committed in
furtherance of criminal | 6 | | activities by a criminal street gang, or, when necessary | 7 | | for the discharge of its official duties in connection with | 8 | | a particular investigation of the conduct of a law | 9 | | enforcement officer, an independent agency or its staff | 10 | | created by ordinance and charged by a unit of local | 11 | | government with the duty of investigating the conduct of | 12 | | law enforcement officers. For purposes of
this Section, | 13 | | "criminal street gang" has the meaning ascribed to it in
| 14 | | Section 10 of the Illinois Streetgang Terrorism Omnibus | 15 | | Prevention Act.
| 16 | | (2) Prosecutors, probation officers, social workers, | 17 | | or other
individuals assigned by the court to conduct a | 18 | | pre-adjudication or
pre-disposition investigation, and | 19 | | individuals responsible for supervising
or providing | 20 | | temporary or permanent care and custody for minors pursuant | 21 | | to
the order of the juvenile court, when essential to | 22 | | performing their
responsibilities.
| 23 | | (3) Prosecutors and probation officers:
| 24 | | (a) in the course of a trial when institution of | 25 | | criminal proceedings
has been permitted or required | 26 | | under Section 5-805; or
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| 1 | | (b) when institution of criminal proceedings has | 2 | | been permitted or required under Section 5-805 and such | 3 | | minor is the
subject
of a proceeding to determine the | 4 | | amount of bail; or
| 5 | | (c) when criminal proceedings have been permitted
| 6 | | or
required under Section 5-805 and such minor is the | 7 | | subject of a
pre-trial
investigation, pre-sentence | 8 | | investigation, fitness hearing, or proceedings
on an | 9 | | application for probation.
| 10 | | (4) Adult and Juvenile Prisoner Review Board.
| 11 | | (5) Authorized military personnel.
| 12 | | (6) Persons engaged in bona fide research, with the | 13 | | permission of the
Presiding Judge of the Juvenile Court and | 14 | | the chief executive of the respective
law enforcement | 15 | | agency; provided that publication of such research results
| 16 | | in no disclosure of a minor's identity and protects the | 17 | | confidentiality
of the minor's record.
| 18 | | (7) Department of Children and Family Services child | 19 | | protection
investigators acting in their official | 20 | | capacity.
| 21 | | (8) The appropriate school official only if the agency | 22 | | or officer believes that there is an imminent threat of | 23 | | physical harm to students, school personnel, or others who | 24 | | are present in the school or on school grounds. | 25 | | (A) Inspection and copying
shall be limited to law | 26 | | enforcement records transmitted to the appropriate
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| 1 | | school official or officials whom the school has | 2 | | determined to have a legitimate educational or safety | 3 | | interest by a local law enforcement agency under a | 4 | | reciprocal reporting
system established and maintained | 5 | | between the school district and the local law
| 6 | | enforcement agency under Section 10-20.14 of the | 7 | | School Code concerning a minor
enrolled in a school | 8 | | within the school district who has been arrested or | 9 | | taken
into custody for any of the following offenses:
| 10 | | (i) any violation of Article 24 of the Criminal | 11 | | Code of
1961 or the Criminal Code of 2012;
| 12 | | (ii) a violation of the Illinois Controlled | 13 | | Substances Act;
| 14 | | (iii) a violation of the Cannabis Control Act;
| 15 | | (iv) a forcible felony as defined in Section | 16 | | 2-8 of the Criminal Code
of 1961 or the Criminal | 17 | | Code of 2012; | 18 | | (v) a violation of the Methamphetamine Control | 19 | | and Community Protection Act;
| 20 | | (vi) a violation of Section 1-2 of the | 21 | | Harassing and Obscene Communications Act; | 22 | | (vii) a violation of the Hazing Act; or | 23 | | (viii) a violation of Section 12-1, 12-2, | 24 | | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | 25 | | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | 26 | | Criminal Code of 1961 or the Criminal Code of 2012. |
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| 1 | | The information derived from the law enforcement | 2 | | records shall be kept separate from and shall not | 3 | | become a part of the official school record of that | 4 | | child and shall not be a public record. The information | 5 | | shall be used solely by the appropriate school official | 6 | | or officials whom the school has determined to have a | 7 | | legitimate educational or safety interest to aid in the | 8 | | proper rehabilitation of the child and to protect the | 9 | | safety of students and employees in the school. If the | 10 | | designated law enforcement and school officials deem | 11 | | it to be in the best interest of the minor, the student | 12 | | may be referred to in-school or community based social | 13 | | services if those services are available. | 14 | | "Rehabilitation services" may include interventions by | 15 | | school support personnel, evaluation for eligibility | 16 | | for special education, referrals to community-based | 17 | | agencies such as youth services, behavioral healthcare | 18 | | service providers, drug and alcohol prevention or | 19 | | treatment programs, and other interventions as deemed | 20 | | appropriate for the student. | 21 | | (B) Any information provided to appropriate school | 22 | | officials whom the school has determined to have a | 23 | | legitimate educational or safety interest by local law | 24 | | enforcement officials about a minor who is the subject | 25 | | of a current police investigation that is directly | 26 | | related to school safety shall consist of oral |
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| 1 | | information only, and not written law enforcement | 2 | | records, and shall be used solely by the appropriate | 3 | | school official or officials to protect the safety of | 4 | | students and employees in the school and aid in the | 5 | | proper rehabilitation of the child. The information | 6 | | derived orally from the local law enforcement | 7 | | officials shall be kept separate from and shall not | 8 | | become a part of the official school record of the | 9 | | child and shall not be a public record. This limitation | 10 | | on the use of information about a minor who is the | 11 | | subject of a current police investigation shall in no | 12 | | way limit the use of this information by prosecutors in | 13 | | pursuing criminal charges arising out of the | 14 | | information disclosed during a police investigation of | 15 | | the minor. For purposes of this paragraph, | 16 | | "investigation" means an official systematic inquiry | 17 | | by a law enforcement agency into actual or suspected | 18 | | criminal activity.
| 19 | | (9) Mental health professionals on behalf of the | 20 | | Illinois Department of
Corrections or the Department of | 21 | | Human Services or prosecutors who are
evaluating, | 22 | | prosecuting, or investigating a potential or actual | 23 | | petition
brought
under the Sexually Violent Persons | 24 | | Commitment Act relating to a person who is
the
subject of | 25 | | juvenile law enforcement records or the respondent to a | 26 | | petition
brought under the Sexually Violent Persons |
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| 1 | | Commitment Act who is the subject of
the
juvenile law | 2 | | enforcement records sought.
Any records and any | 3 | | information obtained from those records under this
| 4 | | paragraph (9) may be used only in sexually violent persons | 5 | | commitment
proceedings.
| 6 | | (10) The president of a park district. Inspection and | 7 | | copying shall be limited to law enforcement records | 8 | | transmitted to the president of the park district by the | 9 | | Illinois State Police under Section 8-23 of the Park | 10 | | District Code or Section 16a-5 of the Chicago Park District | 11 | | Act concerning a person who is seeking employment with that | 12 | | park district and who has been adjudicated a juvenile | 13 | | delinquent for any of the offenses listed in subsection (c) | 14 | | of Section 8-23 of the Park District Code or subsection (c) | 15 | | of Section 16a-5 of the Chicago Park District Act.
| 16 | | (B)(1) Except as provided in paragraph (2), no law | 17 | | enforcement
officer or other person or agency may knowingly | 18 | | transmit to the Department of
Corrections or the Department | 19 | | of State Police or to the Federal
Bureau of Investigation | 20 | | any fingerprint or photograph relating to a minor who
has | 21 | | been arrested or taken into custody before his or her 18th | 22 | | birthday,
unless the court in proceedings under this Act | 23 | | authorizes the transmission or
enters an order under | 24 | | Section 5-805 permitting or requiring the
institution of
| 25 | | criminal proceedings.
| 26 | | (2) Law enforcement officers or other persons or |
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| 1 | | agencies shall transmit
to the Department of State Police | 2 | | copies of fingerprints and descriptions
of all minors who | 3 | | have been arrested or taken into custody before their
18th | 4 | | birthday for the offense of unlawful use of weapons under | 5 | | Article 24 of
the Criminal Code of 1961 or the Criminal | 6 | | Code of 2012, a Class X or Class 1 felony, a forcible | 7 | | felony as
defined in Section 2-8 of the Criminal Code of | 8 | | 1961 or the Criminal Code of 2012, or a Class 2 or greater
| 9 | | felony under the Cannabis Control Act, the Illinois | 10 | | Controlled Substances Act, the Methamphetamine Control and | 11 | | Community Protection Act,
or Chapter 4 of the Illinois | 12 | | Vehicle Code, pursuant to Section 5 of the
Criminal | 13 | | Identification Act. Information reported to the Department | 14 | | pursuant
to this Section may be maintained with records | 15 | | that the Department files
pursuant to Section 2.1 of the | 16 | | Criminal Identification Act. Nothing in this
Act prohibits | 17 | | a law enforcement agency from fingerprinting a minor taken | 18 | | into
custody or arrested before his or her 18th birthday | 19 | | for an offense other than
those listed in this paragraph | 20 | | (2).
| 21 | | (C) The records of law enforcement officers, or of an | 22 | | independent agency created by ordinance and charged by a unit | 23 | | of local government with the duty of investigating the conduct | 24 | | of law enforcement officers, concerning all minors under
18 | 25 | | years of age must be maintained separate from the records of | 26 | | arrests and
may not be open to public inspection or their |
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| 1 | | contents disclosed to the
public except by order of the court | 2 | | presiding over matters pursuant to this Act or when the | 3 | | institution of criminal
proceedings has been permitted or | 4 | | required under Section
5-805 or such a person has been | 5 | | convicted of a crime and is the
subject of
pre-sentence | 6 | | investigation or proceedings on an application for probation
or | 7 | | when provided by law. For purposes of obtaining documents | 8 | | pursuant to this Section, a civil subpoena is not an order of | 9 | | the court. | 10 | | (1) In cases where the law enforcement, or independent | 11 | | agency, records concern a pending juvenile court case, the | 12 | | party seeking to inspect the records shall provide actual | 13 | | notice to the attorney or guardian ad litem of the minor | 14 | | whose records are sought. | 15 | | (2) In cases where the records concern a juvenile court | 16 | | case that is no longer pending, the party seeking to | 17 | | inspect the records shall provide actual notice to the | 18 | | minor or the minor's parent or legal guardian, and the | 19 | | matter shall be referred to the chief judge presiding over | 20 | | matters pursuant to this Act. | 21 | | (3) In determining whether the records should be | 22 | | available for inspection, the court shall consider the | 23 | | minor's interest in confidentiality and rehabilitation | 24 | | over the moving party's interest in obtaining the | 25 | | information. Any records obtained in violation of this | 26 | | subsection (C) shall not be admissible in any criminal or |
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| 1 | | civil proceeding, or operate to disqualify a minor from | 2 | | subsequently holding public office or securing employment, | 3 | | or operate as a forfeiture of any public benefit, right, | 4 | | privilege, or right to receive any license granted by | 5 | | public authority.
| 6 | | (D) Nothing contained in subsection (C) of this Section | 7 | | shall prohibit
the inspection or disclosure to victims and | 8 | | witnesses of photographs
contained in the records of law | 9 | | enforcement agencies when the
inspection and disclosure is | 10 | | conducted in the presence of a law enforcement
officer for the | 11 | | purpose of the identification or apprehension of any person
| 12 | | subject to the provisions of this Act or for the investigation | 13 | | or
prosecution of any crime.
| 14 | | (E) Law enforcement officers, and personnel of an | 15 | | independent agency created by ordinance and charged by a unit | 16 | | of local government with the duty of investigating the conduct | 17 | | of law enforcement officers, may not disclose the identity of | 18 | | any minor
in releasing information to the general public as to | 19 | | the arrest, investigation
or disposition of any case involving | 20 | | a minor.
| 21 | | (F) Nothing contained in this Section shall prohibit law | 22 | | enforcement
agencies from communicating with each other by | 23 | | letter, memorandum, teletype or
intelligence alert bulletin or | 24 | | other means the identity or other relevant
information | 25 | | pertaining to a person under 18 years of age if there are
| 26 | | reasonable grounds to believe that the person poses a real and |
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| 1 | | present danger
to the safety of the public or law enforcement | 2 | | officers. The information
provided under this subsection (F) | 3 | | shall remain confidential and shall not
be publicly disclosed, | 4 | | except as otherwise allowed by law.
| 5 | | (G) Nothing in this Section shall prohibit the right of a | 6 | | Civil Service
Commission or appointing authority of any state, | 7 | | county or municipality
examining the character and fitness of | 8 | | an applicant for employment with a law
enforcement agency, | 9 | | correctional institution, or fire department
from obtaining | 10 | | and examining the
records of any law enforcement agency | 11 | | relating to any record of the applicant
having been arrested or | 12 | | taken into custody before the applicant's 18th
birthday.
| 13 | | (H) The changes made to this Section by Public Act 98-61 | 14 | | apply to law enforcement records of a minor who has been | 15 | | arrested or taken into custody on or after January 1, 2014 (the | 16 | | effective date of Public Act 98-61). | 17 | | (Source: P.A. 97-700, eff. 6-22-12; 97-1083, eff. 8-24-12; | 18 | | 97-1104, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-61, eff. | 19 | | 1-1-14; 98-756, eff. 7-16-14.)".
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