Full Text of HB1305 97th General Assembly
HB1305 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1305 Introduced 02/09/11, by Rep. Donald L. Moffitt SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/2-123 | from Ch. 95 1/2, par. 2-123 |
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Amends the Illinois Vehicle Code. Provides that after October 1, 2011, each person or agency requesting a driver's record shall, in addition to all other applicable fees, pay a $3 surcharge. Provides that all proceeds from this surcharge be deposited into the Fire Prevention Fund.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 2-123 as follows:
| 6 | | (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
| 7 | | Sec. 2-123. Sale and Distribution of Information.
| 8 | | (a) Except as otherwise provided in this Section, the | 9 | | Secretary may make the
driver's license, vehicle and title | 10 | | registration lists, in part or in whole,
and any statistical | 11 | | information derived from these lists available to local
| 12 | | governments, elected state officials, state educational | 13 | | institutions, and all
other governmental units of the State and | 14 | | Federal
Government
requesting them for governmental purposes. | 15 | | The Secretary shall require any such
applicant for services to | 16 | | pay for the costs of furnishing such services and the
use of | 17 | | the equipment involved, and in addition is empowered to | 18 | | establish prices
and charges for the services so furnished and | 19 | | for the use of the electronic
equipment utilized.
| 20 | | (b) The Secretary is further empowered to and he may, in | 21 | | his discretion,
furnish to any applicant, other than listed in | 22 | | subsection (a) of this Section,
vehicle or driver data on a | 23 | | computer tape, disk, other electronic format or
computer |
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| 1 | | processable medium, or printout at a fixed fee of
$250 for | 2 | | orders received before October 1, 2003 and $500 for orders | 3 | | received
on or after October 1, 2003, in advance, and require | 4 | | in addition a
further sufficient
deposit based upon the | 5 | | Secretary of State's estimate of the total cost of the
| 6 | | information requested and a charge of $25 for orders received | 7 | | before October
1, 2003 and $50 for orders received on or after | 8 | | October 1, 2003, per 1,000
units or part
thereof identified or | 9 | | the actual cost, whichever is greater. The Secretary is
| 10 | | authorized to refund any difference between the additional | 11 | | deposit and the
actual cost of the request. This service shall | 12 | | not be in lieu of an abstract
of a driver's record nor of a | 13 | | title or registration search. This service may
be limited to | 14 | | entities purchasing a minimum number of records as required by
| 15 | | administrative rule. The information
sold pursuant to this | 16 | | subsection shall be the entire vehicle or driver data
list, or | 17 | | part thereof. The information sold pursuant to this subsection
| 18 | | shall not contain personally identifying information unless | 19 | | the information is
to be used for one of the purposes | 20 | | identified in subsection (f-5) of this
Section. Commercial | 21 | | purchasers of driver and vehicle record databases shall
enter | 22 | | into a written agreement with the Secretary of State that | 23 | | includes
disclosure of the commercial use of the information to | 24 | | be purchased. | 25 | | (b-1) The Secretary is further empowered to and may, in his | 26 | | or her discretion, furnish vehicle or driver data on a computer |
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| 1 | | tape, disk, or other electronic format or computer processible | 2 | | medium, at no fee, to any State or local governmental agency | 3 | | that uses the information provided by the Secretary to transmit | 4 | | data back to the Secretary that enables the Secretary to | 5 | | maintain accurate driving records, including dispositions of | 6 | | traffic cases. This information may be provided without fee not | 7 | | more often than once every 6 months.
| 8 | | (c) Secretary of State may issue registration lists. The | 9 | | Secretary
of State may compile a list of all registered
| 10 | | vehicles. Each list of registered vehicles shall be arranged | 11 | | serially
according to the registration numbers assigned to | 12 | | registered vehicles and
may contain in addition the names and | 13 | | addresses of registered owners and
a brief description of each | 14 | | vehicle including the serial or other
identifying number | 15 | | thereof. Such compilation may be in such form as in the
| 16 | | discretion of the Secretary of State may seem best for the | 17 | | purposes intended.
| 18 | | (d) The Secretary of State shall furnish no more than 2 | 19 | | current available
lists of such registrations to the sheriffs | 20 | | of all counties and to the chiefs
of police of all cities and | 21 | | villages and towns of 2,000 population and over
in this State | 22 | | at no cost. Additional copies may be purchased by the sheriffs
| 23 | | or chiefs of police at the fee
of $500 each or at the cost of | 24 | | producing the list as determined
by the Secretary of State. | 25 | | Such lists are to be used for governmental
purposes only.
| 26 | | (e) (Blank).
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| 1 | | (e-1) (Blank).
| 2 | | (f) The Secretary of State shall make a title or | 3 | | registration search of the
records of his office and a written | 4 | | report on the same for any person, upon
written application of | 5 | | such person, accompanied by a fee of $5 for
each registration | 6 | | or title search. The written application shall set forth
the | 7 | | intended use of the requested information. No fee shall be | 8 | | charged for a
title or
registration search, or for the | 9 | | certification thereof requested by a government
agency. The | 10 | | report of the title or registration search shall not contain
| 11 | | personally identifying information unless the request for a | 12 | | search was made for
one of the purposes identified in | 13 | | subsection (f-5) of this Section. The report of the title or | 14 | | registration search shall not contain highly
restricted | 15 | | personal
information unless specifically authorized by this | 16 | | Code.
| 17 | | The Secretary of State shall certify a title or | 18 | | registration record upon
written request. The fee for | 19 | | certification shall be $5 in addition
to the fee required for a | 20 | | title or registration search. Certification shall
be made under | 21 | | the signature of the Secretary of State and shall be
| 22 | | authenticated by Seal of the Secretary of State.
| 23 | | The Secretary of State may notify the vehicle owner or | 24 | | registrant of
the request for purchase of his title or | 25 | | registration information as the
Secretary deems appropriate.
| 26 | | No information shall be released to the requestor until |
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| 1 | | expiration of a
10 day period. This 10 day period shall not | 2 | | apply to requests for
information made by law enforcement | 3 | | officials, government agencies,
financial institutions, | 4 | | attorneys, insurers, employers, automobile
associated | 5 | | businesses, persons licensed as a private detective or firms
| 6 | | licensed as a private detective agency under the Private | 7 | | Detective, Private
Alarm, Private Security, Fingerprint | 8 | | Vendor, and Locksmith Act of 2004, who are employed by or are
| 9 | | acting on
behalf of law enforcement officials, government | 10 | | agencies, financial
institutions, attorneys, insurers, | 11 | | employers, automobile associated businesses,
and other | 12 | | business entities for purposes consistent with the Illinois | 13 | | Vehicle
Code, the vehicle owner or registrant or other entities | 14 | | as the Secretary may
exempt by rule and regulation.
| 15 | | Any misrepresentation made by a requestor of title or | 16 | | vehicle information
shall be punishable as a petty offense, | 17 | | except in the case of persons
licensed as a private detective | 18 | | or firms licensed as a private detective agency
which shall be | 19 | | subject to disciplinary sanctions under Section 40-10 of the
| 20 | | Private Detective, Private Alarm, Private Security, | 21 | | Fingerprint Vendor, and Locksmith Act of 2004.
| 22 | | (f-5) The Secretary of State shall not disclose or | 23 | | otherwise make
available to
any person or entity any personally | 24 | | identifying information obtained by the
Secretary
of State in | 25 | | connection with a driver's license, vehicle, or title | 26 | | registration
record
unless the information is disclosed for one |
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| 1 | | of the following purposes:
| 2 | | (1) For use by any government agency, including any | 3 | | court or law
enforcement agency, in carrying out its | 4 | | functions, or any private person or
entity acting on behalf | 5 | | of a federal, State, or local agency in carrying out
its
| 6 | | functions.
| 7 | | (2) For use in connection with matters of motor vehicle | 8 | | or driver safety
and theft; motor vehicle emissions; motor | 9 | | vehicle product alterations, recalls,
or advisories; | 10 | | performance monitoring of motor vehicles, motor vehicle | 11 | | parts,
and dealers; and removal of non-owner records from | 12 | | the original owner
records of motor vehicle manufacturers.
| 13 | | (3) For use in the normal course of business by a | 14 | | legitimate business or
its agents, employees, or | 15 | | contractors, but only:
| 16 | | (A) to verify the accuracy of personal information | 17 | | submitted by
an individual to the business or its | 18 | | agents, employees, or contractors;
and
| 19 | | (B) if such information as so submitted is not | 20 | | correct or is no
longer correct, to obtain the correct | 21 | | information, but only for the
purposes of preventing | 22 | | fraud by, pursuing legal remedies against, or
| 23 | | recovering on a debt or security interest against, the | 24 | | individual.
| 25 | | (4) For use in research activities and for use in | 26 | | producing statistical
reports, if the personally |
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| 1 | | identifying information is not published,
redisclosed, or | 2 | | used to
contact individuals.
| 3 | | (5) For use in connection with any civil, criminal, | 4 | | administrative, or
arbitral proceeding in any federal, | 5 | | State, or local court or agency or before
any
| 6 | | self-regulatory body, including the service of process, | 7 | | investigation in
anticipation of litigation, and the | 8 | | execution or enforcement of judgments and
orders, or | 9 | | pursuant to an order of a federal, State, or local court.
| 10 | | (6) For use by any insurer or insurance support | 11 | | organization or by a
self-insured entity or its agents, | 12 | | employees, or contractors in connection with
claims | 13 | | investigation activities, antifraud activities, rating, or | 14 | | underwriting.
| 15 | | (7) For use in providing notice to the owners of towed | 16 | | or
impounded vehicles.
| 17 | | (8) For use by any person licensed as a private | 18 | | detective or firm licensed as a private
detective agency | 19 | | under
the Private Detective, Private Alarm, Private | 20 | | Security, Fingerprint Vendor, and Locksmith Act of
2004, | 21 | | private investigative agency or security service
licensed | 22 | | in Illinois for any purpose permitted under this | 23 | | subsection.
| 24 | | (9) For use by an employer or its agent or insurer to | 25 | | obtain or verify
information relating to a holder of a | 26 | | commercial driver's license that is
required under chapter |
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| 1 | | 313 of title 49 of the United States Code.
| 2 | | (10) For use in connection with the operation of | 3 | | private toll
transportation facilities.
| 4 | | (11) For use by any requester, if the requester | 5 | | demonstrates it has
obtained the written consent of the | 6 | | individual to whom the information
pertains.
| 7 | | (12) For use by members of the news media, as defined | 8 | | in
Section 1-148.5, for the purpose of newsgathering when | 9 | | the request relates to
the
operation of a motor vehicle or | 10 | | public safety.
| 11 | | (13) For any other use specifically authorized by law, | 12 | | if that use is
related to the operation of a motor vehicle | 13 | | or public safety. | 14 | | (f-6) The Secretary of State shall not disclose or | 15 | | otherwise make
available to any
person or entity any highly | 16 | | restricted personal information obtained by the
Secretary of
| 17 | | State in connection with a driver's license, vehicle, or
title | 18 | | registration
record unless
specifically authorized by this | 19 | | Code.
| 20 | | (g) 1. The Secretary of State may, upon receipt of a | 21 | | written request
and a fee of $6 before October 1, 2003 and | 22 | | a fee of $12 on and after October
1, 2003, furnish to the | 23 | | person or agency so requesting a
driver's record. Such | 24 | | document may include a record of: current driver's
license | 25 | | issuance information, except that the information on | 26 | | judicial driving
permits shall be available only as |
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| 1 | | otherwise provided by this Code;
convictions; orders | 2 | | entered revoking, suspending or cancelling a
driver's
| 3 | | license or privilege; and notations of accident | 4 | | involvement. All other
information, unless otherwise | 5 | | permitted by
this Code, shall remain confidential. | 6 | | Information released pursuant to a
request for a driver's | 7 | | record shall not contain personally identifying
| 8 | | information, unless the request for the driver's record was | 9 | | made for one of the
purposes set forth in subsection (f-5) | 10 | | of this Section. The Secretary of State may, without fee, | 11 | | allow a parent or guardian of a person under the age of 18 | 12 | | years, who holds an instruction permit or graduated | 13 | | driver's license, to view that person's driving record | 14 | | online, through a computer connection.
The parent or | 15 | | guardian's online access to the driving record will | 16 | | terminate when the instruction permit or graduated | 17 | | driver's license holder reaches the age of 18.
| 18 | | 2. The Secretary of State shall not disclose or | 19 | | otherwise make available
to any
person or
entity any highly | 20 | | restricted personal information obtained by the Secretary | 21 | | of
State in
connection with a driver's license, vehicle, or | 22 | | title
registration record
unless specifically
authorized | 23 | | by this Code. The Secretary of State may certify an | 24 | | abstract of a driver's record
upon written request | 25 | | therefor. Such certification
shall be made under the | 26 | | signature of the Secretary of State and shall be
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| 1 | | authenticated by the Seal of his office.
| 2 | | 3. All requests for driving record information shall be | 3 | | made in a manner
prescribed by the Secretary and shall set | 4 | | forth the intended use of the
requested information.
| 5 | | The Secretary of State may notify the affected driver | 6 | | of the request
for purchase of his driver's record as the | 7 | | Secretary deems appropriate.
| 8 | | No information shall be released to the requester until | 9 | | expiration of a
10 day period. This 10 day period shall not | 10 | | apply to requests for information
made by law enforcement | 11 | | officials, government agencies, financial institutions,
| 12 | | attorneys, insurers, employers, automobile associated | 13 | | businesses, persons
licensed as a private detective or | 14 | | firms licensed as a private detective agency
under the | 15 | | Private Detective, Private Alarm, Private Security, | 16 | | Fingerprint Vendor, and Locksmith Act
of 2004,
who are | 17 | | employed by or are acting on behalf of law enforcement | 18 | | officials,
government agencies, financial institutions, | 19 | | attorneys, insurers, employers,
automobile associated | 20 | | businesses, and other business entities for purposes
| 21 | | consistent with the Illinois Vehicle Code, the affected | 22 | | driver or other
entities as the Secretary may exempt by | 23 | | rule and regulation.
| 24 | | Any misrepresentation made by a requestor of driver | 25 | | information shall
be punishable as a petty offense, except | 26 | | in the case of persons licensed as
a private detective or |
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| 1 | | firms licensed as a private detective agency which shall
be | 2 | | subject to disciplinary sanctions under Section 40-10 of | 3 | | the Private
Detective, Private Alarm, Private Security, | 4 | | Fingerprint Vendor, and Locksmith Act of 2004.
| 5 | | 4. The Secretary of State may furnish without fee, upon | 6 | | the written
request of a law enforcement agency, any | 7 | | information from a driver's
record on file with the | 8 | | Secretary of State when such information is required
in the | 9 | | enforcement of this Code or any other law relating to the | 10 | | operation
of motor vehicles, including records of | 11 | | dispositions; documented
information involving the use of | 12 | | a motor vehicle; whether such individual
has, or previously | 13 | | had, a driver's license; and the address and personal
| 14 | | description as reflected on said driver's record.
| 15 | | 5. Except as otherwise provided in this Section, the | 16 | | Secretary of
State may furnish, without fee, information | 17 | | from an individual driver's
record on file, if a written | 18 | | request therefor is submitted
by any public transit system | 19 | | or authority, public defender, law enforcement
agency, a | 20 | | state or federal agency, or an Illinois local | 21 | | intergovernmental
association, if the request is for the | 22 | | purpose of a background check of
applicants for employment | 23 | | with the requesting agency, or for the purpose of
an | 24 | | official investigation conducted by the agency, or to | 25 | | determine a
current address for the driver so public funds | 26 | | can be recovered or paid to
the driver, or for any other |
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| 1 | | purpose set forth in subsection (f-5)
of this Section.
| 2 | | The Secretary may also furnish the courts a copy of an | 3 | | abstract of a
driver's record, without fee, subsequent to | 4 | | an arrest for a violation of
Section 11-501 or a similar | 5 | | provision of a local ordinance. Such abstract
may include | 6 | | records of dispositions; documented information involving
| 7 | | the use of a motor vehicle as contained in the current | 8 | | file; whether such
individual has, or previously had, a | 9 | | driver's license; and the address and
personal description | 10 | | as reflected on said driver's record.
| 11 | | 6. Any certified abstract issued by the Secretary of | 12 | | State or
transmitted electronically by the Secretary of | 13 | | State pursuant to this
Section,
to a court or on request of | 14 | | a law enforcement agency, for the record of a
named person | 15 | | as to the status of the person's driver's license shall be
| 16 | | prima facie evidence of the facts therein stated and if the | 17 | | name appearing
in such abstract is the same as that of a | 18 | | person named in an information or
warrant, such abstract | 19 | | shall be prima facie evidence that the person named
in such | 20 | | information or warrant is the same person as the person | 21 | | named in
such abstract and shall be admissible for any | 22 | | prosecution under this Code and
be admitted as proof of any | 23 | | prior conviction or proof of records, notices, or
orders | 24 | | recorded on individual driving records maintained by the | 25 | | Secretary of
State.
| 26 | | 7. Subject to any restrictions contained in the |
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| 1 | | Juvenile Court Act of
1987, and upon receipt of a proper | 2 | | request and a fee of $6 before October 1,
2003 and a fee of | 3 | | $12 on or after October 1, 2003, the
Secretary of
State | 4 | | shall provide a driver's record to the affected driver, or | 5 | | the affected
driver's attorney, upon verification. Such | 6 | | record shall contain all the
information referred to in | 7 | | paragraph 1 of this subsection (g) plus: any
recorded | 8 | | accident involvement as a driver; information recorded | 9 | | pursuant to
subsection (e) of Section 6-117 and paragraph | 10 | | (4) of subsection (a) of
Section 6-204 of this Code. All | 11 | | other information, unless otherwise permitted
by this | 12 | | Code, shall remain confidential.
| 13 | | (g-5) Beginning October 1, 2011, each person or agency | 14 | | requesting a driver's record in accordance with subsection (g) | 15 | | of this Section shall, in addition to all other applicable | 16 | | fees, pay a $3 surcharge. All proceeds from this surcharge | 17 | | shall be deposited into the Fire Prevention Fund. | 18 | | (h) The Secretary shall not disclose social security | 19 | | numbers or any associated information obtained from the Social | 20 | | Security Administration except pursuant
to a written request | 21 | | by, or with the prior written consent of, the
individual | 22 | | except: (1) to officers and employees of the Secretary
who
have | 23 | | a need to know the social security numbers in performance of | 24 | | their
official duties, (2) to law enforcement officials for a | 25 | | lawful, civil or
criminal law enforcement investigation, and if | 26 | | the head of the law enforcement
agency has made a written |
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| 1 | | request to the Secretary specifying the law
enforcement | 2 | | investigation for which the social security numbers are being
| 3 | | sought, (3) to the United States Department of Transportation, | 4 | | or any other
State, pursuant to the administration and | 5 | | enforcement of the Commercial
Motor Vehicle Safety Act of 1986, | 6 | | (4) pursuant to the order of a court
of competent jurisdiction, | 7 | | (5) to the Department of Healthcare and Family Services | 8 | | (formerly Department of Public Aid) for
utilization
in the | 9 | | child support enforcement duties assigned to that Department | 10 | | under
provisions of the Illinois Public Aid Code after the | 11 | | individual has received advanced
meaningful notification of | 12 | | what redisclosure is sought by the Secretary in
accordance with | 13 | | the federal Privacy Act, or (6) to the Illinois Department of | 14 | | Revenue solely for use by the Department in the collection of | 15 | | any tax or debt that the Department of Revenue is authorized or | 16 | | required by law to collect, provided that the Department shall | 17 | | not disclose the social security number to any person or entity | 18 | | outside of the Department.
| 19 | | (i) (Blank).
| 20 | | (j) Medical statements or medical reports received in the | 21 | | Secretary of
State's Office shall be confidential. No | 22 | | confidential information may be
open to public inspection or | 23 | | the contents disclosed to anyone, except
officers and employees | 24 | | of the Secretary who have a need to know the information
| 25 | | contained in the medical reports and the Driver License Medical | 26 | | Advisory
Board, unless so directed by an order of a court of |
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| 1 | | competent jurisdiction.
| 2 | | (k) All fees collected under this Section shall be paid | 3 | | into the Road
Fund of the State Treasury, except that (i) for | 4 | | fees collected before October
1, 2003, $3 of the $6 fee for a
| 5 | | driver's record shall be paid into the Secretary of State | 6 | | Special Services
Fund, (ii) for fees collected on and after | 7 | | October 1, 2003, of the $12 fee
for a driver's record, $3 shall | 8 | | be paid into the Secretary of State Special
Services Fund and | 9 | | $6 shall be paid into the General Revenue Fund, and (iii) for
| 10 | | fees collected on and after October 1, 2003, 50% of the amounts | 11 | | collected
pursuant to subsection (b) shall be paid into the | 12 | | General Revenue Fund.
| 13 | | (l) (Blank).
| 14 | | (m) Notations of accident involvement that may be disclosed | 15 | | under this
Section shall not include notations relating to | 16 | | damage to a vehicle or other
property being transported by a | 17 | | tow truck. This information shall remain
confidential, | 18 | | provided that nothing in this subsection (m) shall limit
| 19 | | disclosure of any notification of accident involvement to any | 20 | | law enforcement
agency or official.
| 21 | | (n) Requests made by the news media for driver's license, | 22 | | vehicle, or
title registration information may be furnished | 23 | | without charge or at a reduced
charge, as determined by the | 24 | | Secretary, when the specific purpose for
requesting the | 25 | | documents is deemed to be in the public interest. Waiver or
| 26 | | reduction of the fee is in the public interest if the principal |
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| 1 | | purpose of the
request is to access and disseminate information | 2 | | regarding the health, safety,
and welfare or the legal rights | 3 | | of the general public and is not for the
principal purpose of | 4 | | gaining a personal or commercial benefit.
The information | 5 | | provided pursuant to this subsection shall not contain
| 6 | | personally identifying information unless the information is | 7 | | to be used for one
of the
purposes identified in subsection | 8 | | (f-5) of this Section.
| 9 | | (o) The redisclosure of personally identifying information
| 10 | | obtained
pursuant
to this Section is prohibited, except to the | 11 | | extent necessary to effectuate the
purpose
for which the | 12 | | original disclosure of the information was permitted.
| 13 | | (p) The Secretary of State is empowered to adopt rules
to
| 14 | | effectuate this Section.
| 15 | | (Source: P.A. 95-201, eff. 1-1-08; 95-287, eff. 1-1-08; 95-331, | 16 | | eff. 8-21-07; 95-613, eff. 9-11-07; 95-876, eff. 8-21-08; | 17 | | 96-1383, eff. 1-1-11.)
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