Full Text of sb0346 99th General Assembly
SB0346sam002 99TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 5/23/2016
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| 1 | | AMENDMENT TO SENATE BILL 346
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 346 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Compassionate Use of Medical Cannabis Pilot | 5 | | Program Act is amended by changing Sections 10, 25, 35, 50, 55, | 6 | | 60, 75, and 220 and by adding Section 74 as follows: | 7 | | (410 ILCS 130/10) | 8 | | (Section scheduled to be repealed on January 1, 2018)
| 9 | | Sec. 10. Definitions. The following terms, as used in this | 10 | | Act, shall have the meanings set forth in this Section:
| 11 | | (a) "Adequate supply" means:
| 12 | | (1) 2.5 ounces of usable cannabis during a period of 14 | 13 | | days and that is derived solely from an intrastate source.
| 14 | | (2) Subject to the rules of the Department of Public | 15 | | Health, a patient may apply for a waiver where a physician | 16 | | provides a substantial medical basis in a signed, written |
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| 1 | | statement asserting that, based on the patient's medical | 2 | | history, in the physician's professional judgment, 2.5 | 3 | | ounces is an insufficient adequate supply for a 14-day | 4 | | period to properly alleviate the patient's debilitating | 5 | | medical condition or symptoms associated with the | 6 | | debilitating medical condition.
| 7 | | (3) This subsection may not be construed to authorize | 8 | | the possession of more than 2.5 ounces at any time without | 9 | | authority from the Department of Public Health.
| 10 | | (4) The pre-mixed weight of medical cannabis used in | 11 | | making a cannabis infused product shall apply toward the | 12 | | limit on the total amount of medical cannabis a registered | 13 | | qualifying patient may possess at any one time. | 14 | | (b) "Cannabis" has the meaning given that term in Section 3 | 15 | | of the Cannabis Control Act.
| 16 | | (c) "Cannabis plant monitoring system" means a system that | 17 | | includes, but is not limited to, testing and data collection | 18 | | established and maintained by the registered cultivation | 19 | | center and available to the Department for the purposes of | 20 | | documenting each cannabis plant and for monitoring plant | 21 | | development throughout the life cycle of a cannabis plant | 22 | | cultivated for the intended use by a qualifying patient from | 23 | | seed planting to final packaging.
| 24 | | (d) "Cardholder" means a qualifying patient or a designated | 25 | | caregiver who has been issued and possesses a valid registry | 26 | | identification card by the Department of Public Health.
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| 1 | | (e) "Cultivation center" means a facility operated by an | 2 | | organization or business that is registered by the Department | 3 | | of Agriculture to perform necessary activities to provide only | 4 | | registered medical cannabis dispensing organizations with | 5 | | usable medical cannabis.
| 6 | | (f) "Cultivation center agent" means a principal officer, | 7 | | board member, employee, or agent of a registered cultivation | 8 | | center who is 21 years of age or older and has not been | 9 | | convicted of an excluded offense.
| 10 | | (g) "Cultivation center agent identification card" means a | 11 | | document issued by the Department of Agriculture that | 12 | | identifies a person as a cultivation center agent.
| 13 | | (h) "Debilitating medical condition" means one or more of | 14 | | the following: | 15 | | (1) cancer, glaucoma, positive status for human | 16 | | immunodeficiency virus, acquired immune deficiency | 17 | | syndrome, hepatitis C, amyotrophic lateral sclerosis, | 18 | | Crohn's disease, agitation of Alzheimer's disease, | 19 | | cachexia/wasting syndrome, muscular dystrophy, severe | 20 | | fibromyalgia, spinal cord disease, including but not | 21 | | limited to arachnoiditis, Tarlov cysts, hydromyelia, | 22 | | syringomyelia, Rheumatoid arthritis, fibrous dysplasia, | 23 | | spinal cord injury, traumatic brain injury and | 24 | | post-concussion syndrome, Multiple Sclerosis, | 25 | | Arnold-Chiari malformation and Syringomyelia, | 26 | | Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's, |
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| 1 | | Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD | 2 | | (Complex Regional Pain Syndromes Type I), Causalgia, CRPS | 3 | | (Complex Regional Pain Syndromes Type II), | 4 | | Neurofibromatosis, Chronic Inflammatory Demyelinating | 5 | | Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial | 6 | | Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella | 7 | | syndrome, residual limb pain, seizures (including those | 8 | | characteristic of epilepsy), or the treatment of these | 9 | | conditions; or
| 10 | | (2) any other debilitating medical condition or its | 11 | | treatment that is added by the Department of Public Health | 12 | | by rule as provided in Section 45. | 13 | | (i) "Designated caregiver" means a person who: (1) is at | 14 | | least 21 years of age; (2) has agreed to assist with a | 15 | | patient's medical use of cannabis; (3) has not been convicted | 16 | | of an excluded offense; and (4) assists no more than one | 17 | | registered qualifying patient with his or her medical use of | 18 | | cannabis.
| 19 | | (j) "Dispensing organization agent identification card" | 20 | | means a document issued by the Department of Financial and | 21 | | Professional Regulation that identifies a person as a medical | 22 | | cannabis dispensing organization agent.
| 23 | | (k) "Enclosed, locked facility" means a room, greenhouse, | 24 | | building, or other enclosed area equipped with locks or other | 25 | | security devices that permit access only by a cultivation | 26 | | center's agents or a dispensing organization's agent working |
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| 1 | | for the registered cultivation center or the registered | 2 | | dispensing organization to cultivate, store, and distribute | 3 | | cannabis for registered qualifying patients.
| 4 | | (l) "Excluded offense" means:
| 5 | | (1) a violent crime defined in Section 3 of the Rights | 6 | | of Crime Victims and Witnesses Act or a substantially | 7 | | similar offense that was classified as a felony in the | 8 | | jurisdiction where the person was convicted; or
| 9 | | (2) a violation of a state or federal controlled | 10 | | substance law that was classified as a felony in the | 11 | | jurisdiction where the person was convicted, except that | 12 | | the registering Department may waive this restriction if | 13 | | the person demonstrates to the registering Department's | 14 | | satisfaction that his or her conviction was for the | 15 | | possession, cultivation, transfer, or delivery of a | 16 | | reasonable amount of cannabis intended for medical use. | 17 | | This exception does not apply if the conviction was under | 18 | | state law and involved a violation of an existing medical | 19 | | cannabis law.
| 20 | | (m) "Medical cannabis cultivation center registration" | 21 | | means a registration issued by the Department of Agriculture. | 22 | | (n) "Medical cannabis container" means a sealed, | 23 | | traceable, food compliant, tamper resistant, tamper evident | 24 | | container, or package used for the purpose of containment of | 25 | | medical cannabis from a cultivation center to a dispensing | 26 | | organization.
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| 1 | | (o) "Medical cannabis dispensing organization", or | 2 | | "dispensing organization", or "dispensary organization" means | 3 | | a facility operated by an organization or business that is | 4 | | registered by the Department of Financial and Professional | 5 | | Regulation to acquire medical cannabis from a registered | 6 | | cultivation center for the purpose of dispensing cannabis, | 7 | | paraphernalia, or related supplies and educational materials | 8 | | to registered qualifying patients.
| 9 | | (p) "Medical cannabis dispensing organization agent" or | 10 | | "dispensing organization agent" means a principal officer, | 11 | | board member, employee, or agent of a registered medical | 12 | | cannabis dispensing organization who is 21 years of age or | 13 | | older and has not been convicted of an excluded offense.
| 14 | | (q) "Medical cannabis infused product" means food, oils, | 15 | | ointments, or other products containing usable cannabis that | 16 | | are not smoked.
| 17 | | (r) "Medical use" means the acquisition; administration; | 18 | | delivery; possession; transfer; transportation; or use of | 19 | | cannabis to treat or alleviate a registered qualifying | 20 | | patient's debilitating medical condition or symptoms | 21 | | associated with the patient's debilitating medical condition.
| 22 | | (s) "Physician" means a doctor of medicine or doctor of | 23 | | osteopathy licensed under the Medical Practice Act of 1987 to | 24 | | practice medicine and who has a controlled substances license | 25 | | under Article III of the Illinois Controlled Substances Act. It | 26 | | does not include a licensed practitioner under any other Act |
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| 1 | | including but not limited to the Illinois Dental Practice Act.
| 2 | | (t) "Qualifying patient" means a person who has been | 3 | | diagnosed by a physician as having a debilitating medical | 4 | | condition.
| 5 | | (u) "Registered" means licensed, permitted, or otherwise | 6 | | certified by the Department of Agriculture, Department of | 7 | | Public Health, or Department of Financial and Professional | 8 | | Regulation.
| 9 | | (v) "Registry identification card" means a document issued | 10 | | by the Department of Public Health that identifies a person as | 11 | | a registered qualifying patient or registered designated | 12 | | caregiver.
| 13 | | (w) "Usable cannabis" means the seeds, leaves, buds, and | 14 | | flowers of the cannabis plant and any mixture or preparation | 15 | | thereof, but does not include the stalks, and roots of the | 16 | | plant. It does not include the weight of any non-cannabis | 17 | | ingredients combined with cannabis, such as ingredients added | 18 | | to prepare a topical administration, food, or drink.
| 19 | | (x) "Verification system" means a Web-based system | 20 | | established and maintained by the Department of Public Health | 21 | | that is available to the Department of Agriculture, the | 22 | | Department of Financial and Professional Regulation, law | 23 | | enforcement personnel, and registered medical cannabis | 24 | | dispensing organization agents on a 24-hour basis for the | 25 | | verification of registry
identification cards, the tracking of | 26 | | delivery of medical cannabis to medical cannabis dispensing |
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| 1 | | organizations, and the tracking of the date of sale, amount, | 2 | | and price of medical cannabis purchased by a registered | 3 | | qualifying patient.
| 4 | | (y) "Written certification" means a document dated and | 5 | | signed by a physician, stating (1) that in the physician's | 6 | | professional opinion the patient is likely to receive | 7 | | therapeutic or palliative benefit from the medical use of | 8 | | cannabis to treat or alleviate the patient's debilitating | 9 | | medical condition or symptoms associated with the debilitating | 10 | | medical condition; (2) that the qualifying patient has a | 11 | | debilitating medical condition and specifying the debilitating | 12 | | medical condition the qualifying patient has; and (2) (3) that | 13 | | the patient is under the physician's care for the physician is | 14 | | treating or managing treatment of the patient's debilitating | 15 | | medical condition. A written certification shall be made only | 16 | | in the course of a bona fide physician-patient relationship, | 17 | | after the physician has completed an assessment of the | 18 | | qualifying patient's medical history, reviewed relevant | 19 | | records related to the patient's debilitating condition, and | 20 | | conducted a physical examination. | 21 | | A veteran who has received treatment at a VA hospital shall | 22 | | be deemed to have a bona fide physician-patient relationship | 23 | | with a VA physician if the patient has been seen for his or her | 24 | | debilitating medical condition at the VA Hospital in accordance | 25 | | with VA Hospital protocols. | 26 | | A bona fide physician-patient relationship under this |
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| 1 | | subsection is a privileged communication within the meaning of | 2 | | Section 8-802 of the Code of Civil Procedure.
| 3 | | (Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15 .) | 4 | | (410 ILCS 130/35) | 5 | | (Section scheduled to be repealed on January 1, 2018)
| 6 | | Sec. 35. Physician requirements.
| 7 | | (a) A physician who certifies a debilitating medical | 8 | | condition for a qualifying patient shall comply with all of the | 9 | | following requirements:
| 10 | | (1) The Physician shall be currently licensed under the | 11 | | Medical Practice Act of 1987 to practice medicine in all | 12 | | its branches and in good standing, and must hold a | 13 | | controlled substances license under Article III of the | 14 | | Illinois Controlled Substances Act.
| 15 | | (2) A physician certifying a patient's condition | 16 | | making a medical cannabis recommendation shall comply with | 17 | | generally accepted standards of medical practice, the | 18 | | provisions of the Medical Practice Act of 1987 and all | 19 | | applicable rules.
| 20 | | (3) The physical examination required by this Act may | 21 | | not be performed by remote means, including telemedicine.
| 22 | | (4) The physician shall maintain a record-keeping | 23 | | system for all patients for whom the physician has | 24 | | certified the patient's medical condition recommended the | 25 | | medical use of cannabis . These records shall be accessible |
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| 1 | | to and subject to review by the Department of Public Health | 2 | | and the Department of Financial and Professional | 3 | | Regulation upon request.
| 4 | | (b) A physician may not:
| 5 | | (1) accept, solicit, or offer any form of remuneration | 6 | | from or to a qualifying patient, primary caregiver, | 7 | | cultivation center, or dispensing organization, including | 8 | | each principal officer, board member, agent, and employee, | 9 | | to certify a patient, other than accepting payment from a | 10 | | patient for the fee associated with the required | 11 | | examination; | 12 | | (2) offer a discount of any other item of value to a | 13 | | qualifying patient who uses or agrees to use a particular | 14 | | primary caregiver or dispensing organization to obtain | 15 | | medical cannabis;
| 16 | | (3) conduct a personal physical examination of a | 17 | | patient for purposes of diagnosing a debilitating medical | 18 | | condition at a location where medical cannabis is sold or | 19 | | distributed or at the address of a principal officer, | 20 | | agent, or employee or a medical cannabis organization;
| 21 | | (4) hold a direct or indirect economic interest in a | 22 | | cultivation center or dispensing organization if he or she | 23 | | recommends the use of medical cannabis to qualified | 24 | | patients or is in a partnership or other fee or | 25 | | profit-sharing relationship with a physician who | 26 | | recommends medical cannabis, except for the limited |
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| 1 | | purpose of performing a medical cannabis related research | 2 | | study;
| 3 | | (5) serve on the board of directors or as an employee | 4 | | of a cultivation center or dispensing organization;
| 5 | | (6) refer patients to a cultivation center, a | 6 | | dispensing organization, or a registered designated | 7 | | caregiver;
or | 8 | | (7) advertise in a cultivation center or a dispensing | 9 | | organization.
| 10 | | (c) The Department of Public Health may with reasonable | 11 | | cause refer a physician, who has certified a debilitating | 12 | | medical condition of a patient, to the Illinois Department of | 13 | | Financial and Professional Regulation for potential violations | 14 | | of this Section.
| 15 | | (d) Any violation of this Section or any other provision of | 16 | | this Act or rules adopted under this Act is a violation of the | 17 | | Medical Practice Act of 1987.
| 18 | | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.) | 19 | | (410 ILCS 130/60) | 20 | | (Section scheduled to be repealed on January 1, 2018)
| 21 | | Sec. 60. Issuance of registry identification cards.
| 22 | | (a) Except as provided in subsection (b), the Department of | 23 | | Public Health shall:
| 24 | | (1) verify the information contained in an application | 25 | | or renewal for a registry identification card submitted |
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| 1 | | under this Act, and approve or deny an application or | 2 | | renewal, within 30 days of receiving a completed | 3 | | application or renewal application and all supporting | 4 | | documentation specified in Section 55;
| 5 | | (2) issue registry identification cards to a | 6 | | qualifying patient and his or her designated caregiver, if | 7 | | any, within 15 business days of approving the application | 8 | | or renewal;
| 9 | | (3) enter the registry identification number of the | 10 | | registered dispensing organization the patient designates | 11 | | into the verification system; and
| 12 | | (4) allow for an electronic application process, and | 13 | | provide a confirmation by electronic or other methods that | 14 | | an application has been submitted.
| 15 | | (b) The Department of Public Health may not issue a | 16 | | registry identification card to a qualifying patient who is | 17 | | under 18 years of age, unless that patient suffers from | 18 | | seizures, including those characteristic of epilepsy, or as | 19 | | provided by administrative rule. The Department of Public | 20 | | Health shall adopt rules for the issuance of a registry | 21 | | identification card for qualifying patients who are under 18 | 22 | | years of age and suffering from seizures, including those | 23 | | characteristic of epilepsy.
The Department of Public Health may | 24 | | adopt rules to allow other individuals under 18 years of age to | 25 | | become registered qualifying patients under this Act with the | 26 | | consent of a parent or legal guardian. Registered qualifying |
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| 1 | | patients under 18 years of age shall be prohibited from | 2 | | consuming forms of cannabis other than medical cannabis infused | 3 | | products and purchasing any usable cannabis. | 4 | | (c) A veteran who has received treatment at a VA hospital | 5 | | is deemed to have a bona fide physician-patient relationship | 6 | | with a VA physician if the patient has been seen for his or her | 7 | | debilitating medical condition at the VA hospital in accordance | 8 | | with VA hospital protocols.
All reasonable inferences | 9 | | regarding the existence of a bona fide physician-patient | 10 | | relationship shall be drawn in favor of an applicant who is a | 11 | | veteran and has undergone treatment at a VA hospital.
| 12 | | (d) Upon the approval of the registration and issuance of a | 13 | | registry card under this Section, the Department of Public | 14 | | Health shall forward the designated caregiver or registered | 15 | | qualified patient's driver's registration number to the | 16 | | Secretary of State and certify that the individual is permitted | 17 | | to engage in the medical use of cannabis. For the purposes of | 18 | | law enforcement, the Secretary of State shall make a notation | 19 | | on the person's driving record stating the person is a | 20 | | registered qualifying patient who is entitled to the lawful | 21 | | medical use of cannabis. If the person no longer holds a valid | 22 | | registry card, the Department shall notify the Secretary of | 23 | | State and the Secretary of State shall remove the notation from | 24 | | the person's driving record. The Department and the Secretary | 25 | | of State may establish a system by which the information may be | 26 | | shared electronically.
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| 1 | | (e) Upon the approval of the registration and issuance of a | 2 | | registry card under this Section, the Department of Public | 3 | | Health shall electronically forward the registered qualifying | 4 | | patient's identification card information to the Prescription | 5 | | Monitoring Program established under the Illinois Controlled | 6 | | Substances Act and certify that the individual is permitted to | 7 | | engage in the medical use of cannabis. For the purposes of | 8 | | patient care, the Prescription Monitoring Program shall make a | 9 | | notation on the person's prescription record stating that the | 10 | | person is a registered qualifying patient who is entitled to | 11 | | the lawful medical use of cannabis. If the person no longer | 12 | | holds a valid registry card, the Department of Public Health | 13 | | shall notify the Prescription Monitoring Program and | 14 | | Department of Human Services to remove the notation from the | 15 | | person's record. The Department of Human Services and the | 16 | | Prescription Monitoring Program shall establish a system by | 17 | | which the information may be shared electronically. This | 18 | | confidential list may not be combined or linked in any manner | 19 | | with any other list or database except as provided in this | 20 | | Section. | 21 | | (Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15 .) | 22 | | (410 ILCS 130/74 new) | 23 | | Sec. 74. Posting of patient information on the use of | 24 | | medical cannabis. The Department of Public Health shall post | 25 | | on its website information available from other State public |
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| 1 | | health departments or other sources on the proper use of | 2 | | medical cannabis. This information shall include at a minimum | 3 | | any available information on the risks and benefits of cannabis | 4 | | use for medical conditions. Each licensed dispensary shall post | 5 | | on its websites information available from State public health | 6 | | departments or other sources on the proper use of medical | 7 | | cannabis. This information shall include at a minimum any | 8 | | available information on the risks and benefits of cannabis use | 9 | | for medical conditions. | 10 | | (410 ILCS 130/75) | 11 | | (Section scheduled to be repealed on January 1, 2018)
| 12 | | Sec. 75. Notifications to Department of Public Health and | 13 | | responses; civil penalty. | 14 | | (a) The following notifications and Department of Public | 15 | | Health responses are required:
| 16 | | (1) A registered qualifying patient shall notify the | 17 | | Department of Public Health of any change in his or her | 18 | | name or address, or if the registered qualifying patient | 19 | | ceases to have his or her debilitating medical condition, | 20 | | within 10 days of the change.
| 21 | | (2) A registered designated caregiver shall notify the | 22 | | Department of Public Health of any change in his or her | 23 | | name or address, or if the designated caregiver becomes | 24 | | aware the registered qualifying patient passed away, | 25 | | within 10 days of the change.
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| 1 | | (3) Before a registered qualifying patient changes his | 2 | | or her designated caregiver, the qualifying patient must | 3 | | notify the Department of Public Health.
| 4 | | (4) If a cardholder loses his or her registry | 5 | | identification card, he or she shall notify the Department | 6 | | within 10 days of becoming aware the card has been lost.
| 7 | | (b) When a cardholder notifies the Department of Public | 8 | | Health of items listed in subsection (a), but remains eligible | 9 | | under this Act, the Department of Public Health shall issue the | 10 | | cardholder a new registry identification card with a new random | 11 | | alphanumeric identification number within 15 business days of | 12 | | receiving the updated information and a fee as specified in | 13 | | Department of Public Health rules. If the person notifying the | 14 | | Department of Public Health is a registered qualifying patient, | 15 | | the Department shall also issue his or her registered | 16 | | designated caregiver, if any, a new registry identification | 17 | | card within 15 business days of receiving the updated | 18 | | information.
| 19 | | (c) If a registered qualifying patient ceases to be a | 20 | | registered qualifying patient or changes his or her registered | 21 | | designated caregiver, the Department of Public Health shall | 22 | | promptly notify the designated caregiver. The registered | 23 | | designated caregiver's protections under this Act as to that | 24 | | qualifying patient shall expire 15 days after notification by | 25 | | the Department.
| 26 | | (d) A cardholder who fails to make a notification to the |
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| 1 | | Department of Public Health that is required by this Section is | 2 | | subject to a civil infraction, punishable by a penalty of no | 3 | | more than $150.
| 4 | | (e) A registered qualifying patient shall notify the | 5 | | Department of Public Health of any change to his or her | 6 | | designated registered dispensing organization. Registered | 7 | | dispensing organizations must comply with all requirements of | 8 | | this Act.
| 9 | | (f) If the registered qualifying patient's certifying | 10 | | physician notifies the Department in writing that either the | 11 | | registered qualifying patient has ceased to suffer from a | 12 | | debilitating medical condition or that the physician no longer | 13 | | believes the patient would receive therapeutic or palliative | 14 | | benefit from the medical use of cannabis , the card shall become | 15 | | null and void. However, the registered qualifying patient shall | 16 | | have 15 days to destroy his or her remaining medical cannabis | 17 | | and related paraphernalia.
| 18 | | (Source: P.A. 98-122, eff. 1-1-14.) | 19 | | (410 ILCS 130/220) | 20 | | (Section scheduled to be repealed on January 1, 2018)
| 21 | | Sec. 220. Repeal of Act. This Act is repealed on July 1, | 22 | | 2020 4 years after the effective date of this Act .
| 23 | | (Source: P.A. 98-122, eff. 1-1-14.)
| 24 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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