Full Text of HB4676 096th General Assembly
HB4676 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4676
Introduced , by Rep. Bill Mitchell SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/7-1-2 |
from Ch. 24, par. 7-1-2 |
65 ILCS 5/7-1-4 |
from Ch. 24, par. 7-1-4 |
65 ILCS 5/7-1-7 |
from Ch. 24, par. 7-1-7 |
65 ILCS 5/7-1-8 |
from Ch. 24, par. 7-1-8 |
65 ILCS 5/7-1-11 |
from Ch. 24, par. 7-1-11 |
65 ILCS 5/7-1-12 |
from Ch. 24, par. 7-1-12 |
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Amends the Illinois Municipal Code. In provisions concerning the annexation of contiguous territory, requires a 60% vote (now, a majority) of the owners of record of land in the territory to be annexed and 60% (now, a majority) of the electors, if any, residing in the territory to petition the circuit court for annexation. Requires that at least 60% (now, a majority) of the electors residing in the unincorporated territory cast ballots in favor of annexation for the territory to become a part of the annexing municipality. Sets forth public hearing and notice requirements for the annexation of contiguous territory with no electors. Effective immediately.
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A BILL FOR
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HB4676 |
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LRB096 15233 RLJ 30308 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Sections 7-1-2, 7-1-4, 7-1-7, 7-1-8, 7-1-11, and | 6 |
| 7-1-12 as follows:
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| (65 ILCS 5/7-1-2) (from Ch. 24, par. 7-1-2)
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| Sec. 7-1-2.
(a) A written petition signed by at least 60% a | 9 |
| majority of the owners
of record of land in the territory and | 10 |
| also by at least 60% a majority of the electors,
if any, | 11 |
| residing in the territory shall be filed with the circuit court
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| clerk of the county in which the territory is located, or the | 13 |
| corporate
authorities of a municipality may initiate the | 14 |
| proceedings by enacting an
ordinance expressing their desire to | 15 |
| annex the described territory.
A person owning land underlying | 16 |
| a highway shall not be considered an owner of
record for | 17 |
| purposes of this petition unless that person owns some land not
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| underlying a highway proposed to be annexed in the petition for | 19 |
| annexation.
No
tract of land in excess of 10 acres in area may | 20 |
| be included in the
ordinances of a municipality initiating the | 21 |
| proceedings, however, without
the express consent of the owner | 22 |
| of the tract unless the tract (i) is
subdivided into lots or | 23 |
| blocks or (ii) is bounded on at least 3 sides by
lands |
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HB4676 |
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LRB096 15233 RLJ 30308 b |
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| subdivided into lots or blocks. A tract of land shall be deemed | 2 |
| so
bounded if it is actually separated from the subdivision | 3 |
| only by the
right-of-way of a railroad or other public utility | 4 |
| or at a public highway.
The petition or ordinance, as the case | 5 |
| may be, shall request the annexation
of the territory to a | 6 |
| specified municipality and also shall request that
the circuit | 7 |
| court of the specified county submit the question of the
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| annexation to the corporate authorities of the annexing | 9 |
| municipality or to
the electors of the unincorporated | 10 |
| territory, as the case may be. The
circuit court shall enter an | 11 |
| order fixing the time for the hearing upon the
petition, and | 12 |
| the day for the hearing shall be not less than 20 nor more
than | 13 |
| 30 days after the filing of the petition or ordinance, as the | 14 |
| case may be.
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| (b) The petitioners or corporate authorities, as the case | 16 |
| may be, shall
give notice of the annexation petition or | 17 |
| ordinance, as the case may be,
not more than 30 nor less than | 18 |
| 15 days before the date fixed for the
hearing. This notice | 19 |
| shall state that a petition for annexation or
ordinance, as the | 20 |
| case may be, has been filed and shall give the substance of
the | 21 |
| petition, including a description of the territory to be | 22 |
| annexed, the
name of the annexing municipality, and the date | 23 |
| fixed for the hearing.
This notice shall be given by publishing | 24 |
| a notice at least once
in one or more newspapers published in | 25 |
| the annexing municipality or, if
no newspaper is published in | 26 |
| the annexing municipality, in one or more
newspapers with a |
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| general circulation within the annexing municipality and
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| territory. A copy of this notice shall be filed with the clerk | 3 |
| of the
annexing municipality and the municipal clerk shall | 4 |
| send, by registered
mail, an additional copy to the highway | 5 |
| commissioner of each road district
within which the territory | 6 |
| proposed to be annexed is situated. If a
municipal clerk fails | 7 |
| to send the notice to a highway commissioner as
required by | 8 |
| this subsection, the municipality shall reimburse the road
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| district served by that highway commissioner for any loss or | 10 |
| liability
caused by that failure.
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| (c) The petitioners or corporate authorities, as the case | 12 |
| may be, shall
pay to the clerk of the circuit court $10 as a | 13 |
| filing and service fee,
and no petition or ordinance, as the | 14 |
| case may be, shall be filed until
this fee is paid.
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| (d) No petitioner may withdraw from this petition
except by | 16 |
| consent of the majority of the other petitioners, or
where it | 17 |
| is shown to the satisfaction of the court that the signature of
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| the petitioner was obtained by fraud or misrepresentation.
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| (e) If a State charitable institution is situated upon a | 20 |
| tract or
tracts of land that lie partly within and partly | 21 |
| without the corporate
limits of any municipality, the corporate | 22 |
| authorities of the municipality
may by resolution without any | 23 |
| petition or proceedings required by this
Article but with the | 24 |
| written consent of the Director of the State
Department having | 25 |
| jurisdiction of the institution, annex any part or all of
the | 26 |
| tracts lying without the corporate limits.
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| (f) If real estate owned by the State of Illinois or any | 2 |
| board,
agency, or commission of the State is situated in | 3 |
| unincorporated territory
adjacent to a municipality, the | 4 |
| corporate authorities of the municipality
may annex any part or | 5 |
| all of the real estate only with the written consent
of the | 6 |
| Governor or the governing authority of the board, agency, or
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| commission, without any petition or proceedings required by | 8 |
| this Article by
resolution of the corporate authorities. This | 9 |
| requirement does not apply,
however, to State highways located | 10 |
| within territory to be annexed under
this Article.
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| (Source: P.A. 87-533; 88-355.)
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| (65 ILCS 5/7-1-4) (from Ch. 24, par. 7-1-4)
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| Sec. 7-1-4. The cause shall be heard without further | 14 |
| pleadings. At
the hearing the objector may be heard in person | 15 |
| or by counsel.
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| Prior to hearing evidence on the validity of the annexation | 17 |
| petition
or ordinance, the court shall hear and determine any | 18 |
| objection under
sub-paragraph (4) of Section 7-1-3. If the | 19 |
| court is satisfied that such
objection is valid, it shall order | 20 |
| the petition or ordinance to be
amended to eliminate such | 21 |
| objector's land from the territory sought to
be annexed. | 22 |
| Thereafter upon this hearing the only matter for
determination | 23 |
| shall be the validity of the annexation petition or
ordinance, | 24 |
| as the case may be, and the decision of the court shall be
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| final. All petitions shall be supported by an affidavit of one |
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LRB096 15233 RLJ 30308 b |
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| or more
of the petitioners, or some one on their behalf, that | 2 |
| the signatures on
the petition represent at least 60% a | 3 |
| majority of the property owners of record of land
in the | 4 |
| territory described
and at least 60% a majority of the electors | 5 |
| of the territory therein described.
Petitions so verified shall | 6 |
| be accepted as prima facie evidence of such
facts. If the court | 7 |
| finds that (1) the annexation petition is not signed
by the | 8 |
| requisite number of electors or property owners of record; or | 9 |
| (2)
that the described property is not contiguous to the | 10 |
| annexing
municipality; or (3) that the description is | 11 |
| materially defective; or
(4) that the petition or ordinance, as | 12 |
| the case may be, is otherwise
invalid, the court shall dismiss | 13 |
| the petition or ordinance, as the case
may be.
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| But if the court finds that the petition or ordinance, as | 15 |
| the case
may be, is valid, the court shall (1) enter an order | 16 |
| describing the
territory to be annexed, (2) find that the | 17 |
| petition or ordinance, as the
case may be, conforms to this | 18 |
| Article, and (3) direct that the question
of annexation be | 19 |
| submitted to the corporate authorities of the annexing
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| municipality or to the electors of the unincorporated | 21 |
| territory, as the
case may be, for final action. A certified | 22 |
| copy of the order of the
court directing that the question of | 23 |
| annexation be submitted to the
corporate authorities shall be | 24 |
| sent to the clerk of the annexing
municipality.
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| Appeals shall lie from any final order of the court as in | 26 |
| other civil actions.
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HB4676 |
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LRB096 15233 RLJ 30308 b |
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| (Source: P.A. 81-448.)
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| (65 ILCS 5/7-1-7) (from Ch. 24, par. 7-1-7)
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| Sec. 7-1-7.
(a) If the court finds that an annexation | 4 |
| ordinance is
valid, the court shall enter an order directing | 5 |
| the submission of the
question of annexation of the | 6 |
| unincorporated territory to the electors of
that territory at | 7 |
| an election in accordance with the general election law
and | 8 |
| directing the clerk of the annexing municipality to send, by | 9 |
| registered
mail, a notice of the date of the prospective | 10 |
| referendum to the highway
commissioner of each road district | 11 |
| within which the territory proposed to
be annexed is situated. | 12 |
| The clerk of the circuit court shall certify the
question for | 13 |
| submission.
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| (b) If at least 60% a majority of those casting ballots | 15 |
| favor
annexation, the described
territory shall, except as | 16 |
| otherwise provided in Section 7-1-1, thereupon
be a part of the | 17 |
| annexing municipality. Within 15 days after the
referendum, the | 18 |
| clerk of the annexing municipality shall promptly send
written | 19 |
| notice of the results of the referendum by registered mail to | 20 |
| the
highway commissioner of each road district within which the | 21 |
| territory is
situated.
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| (c) If a municipal clerk fails to send any notice to a | 23 |
| highway
commissioner as required by this Section, the | 24 |
| municipality shall reimburse
the road district served by that | 25 |
| highway commissioner for any loss or
liability caused by that |
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HB4676 |
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LRB096 15233 RLJ 30308 b |
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| failure.
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| (Source: P.A. 87-533; 88-355.)
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| (65 ILCS 5/7-1-8) (from Ch. 24, par. 7-1-8)
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| Sec. 7-1-8.
Any territory which is not within the corporate | 5 |
| limits of any
municipality but which is contiguous to a | 6 |
| municipality at the time of
annexation and which territory
has | 7 |
| no electors residing therein, or any such territory with | 8 |
| electors
residing therein, may be annexed to the municipality | 9 |
| in the following
manner: a written petition signed by the | 10 |
| owners of record of all land
within such territory and by at | 11 |
| least 60% 51% of the electors residing therein
shall be filed | 12 |
| with the municipal clerk. The petition shall request
annexation | 13 |
| and shall state that no electors reside therein or that at | 14 |
| least
60% 51% of such electors residing therein join in the | 15 |
| petition, whichever shall
be the case, and shall be under oath. | 16 |
| The corporate authorities of the municipality shall conduct a | 17 |
| public hearing at least 30 days prior to its adoption of an | 18 |
| annexation ordinance. Notice of the public hearing must be | 19 |
| given not more than 30 nor less than 20 days before the public | 20 |
| hearing. This notice shall state that a petition for annexation | 21 |
| has been filed and shall give the substance of
the petition, | 22 |
| including a description of the territory to be annexed, the
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| name of the annexing municipality, and the date fixed for the | 24 |
| hearing.
Notice shall be given by publication in one or more | 25 |
| newspapers published in the annexing municipality or, if
no |
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| newspaper is published in the annexing municipality, in one or | 2 |
| more
newspapers with a general circulation within the annexing | 3 |
| municipality and
territory. The corporate authorities of the
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| municipality to which annexation is sought shall then consider | 5 |
| the question
of the annexation of the described territory. A | 6 |
| majority vote of the
corporate authorities then holding office | 7 |
| is required to annex. The vote
shall be by "yeas" and "nays" | 8 |
| entered on the legislative records. A copy of
the ordinance | 9 |
| annexing the territory together with an accurate map of the
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| annexed territory shall be recorded with the recorder and filed
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| with the County Clerk within the county wherever the annexed | 12 |
| territory is
located.
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| (Source: P.A. 83-358.)
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| (65 ILCS 5/7-1-11) (from Ch. 24, par. 7-1-11)
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| Sec. 7-1-11.
The following is an optional method of | 16 |
| annexing any
territory which, (1) is not less than one square | 17 |
| mile in area; (2)
contains at least 500 inhabitants; (3) is not | 18 |
| included within any
municipality; and (4) is contiguous to a | 19 |
| municipality having not more
than 100,000 inhabitants. Such | 20 |
| territory may be annexed to a
municipality of the specified | 21 |
| sort as follows:
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| A petition, signed by not less than 100 of the electors of | 23 |
| the
territory sought to be annexed and by the owners of record | 24 |
| of more than
60% 50% of such territory, shall be filed with the | 25 |
| circuit court for the
county in which the territory is |
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| situated. The petition shall request
that the question of | 2 |
| annexation of the territory described therein be
submitted to | 3 |
| the electors of the territory.
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| No tract of land in excess of 10 acres in area shall be | 5 |
| included in
the annexation petition without the express consent | 6 |
| of the owner thereof
unless the tract is
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| (1) subdivided into lots or blocks; or
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| (2) bounded on at least 3 sides by lands subdivided into | 9 |
| lots or
blocks.
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| The owner of record of land comprising any part of the | 11 |
| perimeter of
the territory sought to be annexed may apply to | 12 |
| the court for the
exclusion of his or her land from the | 13 |
| territory described in such petition. The
court shall grant | 14 |
| such application if the exclusion of such land will
not destroy | 15 |
| the contiguity of the land sought to be annexed with the
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| annexing municipality.
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| After considering any such application, the court shall | 18 |
| order the question
submitted within the territory at an | 19 |
| election in accordance
with the general election law. The clerk | 20 |
| of the circuit court shall certify
the question to the proper | 21 |
| election authority for submission.
The result of the election | 22 |
| shall be entered of record in the court.
If at least 60% a | 23 |
| majority of the votes cast on the question
favor annexation, | 24 |
| the
court shall then give notice thereof to the corporate | 25 |
| authorities of the
proposed annexing municipality. The | 26 |
| corporate authorities shall then
vote on the question of such |
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| annexation and if a majority of their
membership, by a vote | 2 |
| recorded in the minutes, vote in favor of the
annexation, an | 3 |
| ordinance shall be passed annexing the territory. The
clerk of | 4 |
| the annexing municipality shall certify and file a copy of the
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| annexation ordinance with a map showing the boundary lines of | 6 |
| the
territory annexed, with the recorder of the county in which | 7 |
| the
municipality is located and a document of annexation shall | 8 |
| be filed with
the county clerk and County Election Authority.
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| If the question of such annexation does not receive the | 10 |
| requisite
majority vote of the corporate authorities, the | 11 |
| municipal clerk
shall certify the question at an election in | 12 |
| accordance with the general election law.
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| If at least 60% a majority of the persons voting upon the | 14 |
| question vote for
annexation, the described territory is | 15 |
| annexed to the annexing
municipality. The clerk of the annexing | 16 |
| municipality shall certify and
file a statement of the | 17 |
| annexation proceeding with a map showing the
boundary lines of | 18 |
| the territory annexed, as provided in this Section section .
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| If a majority of persons voting on the question vote | 20 |
| against
annexation, no further proceedings shall be had on the | 21 |
| question for at
least 22 months from the date of such election.
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| (Source: P.A. 83-1362.)
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| (65 ILCS 5/7-1-12) (from Ch. 24, par. 7-1-12)
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| Sec. 7-1-12.
Upon a written petition which is signed by at | 25 |
| least 60% a majority of
the owners of record of land in any |
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| contiguous unincorporated territory
wholly bounded by 2 or more | 2 |
| municipalities and after the notice required
by this Section | 3 |
| has been given, the specified territory may be annexed
by any | 4 |
| one of the specified municipalities by the passage of an
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| ordinance providing therefor. The corporate authorities of the | 6 |
| annexing
municipality shall cause notice of the filing of such | 7 |
| petition to be
published once, in a newspaper of general | 8 |
| circulation within the
territory to be annexed, not less than | 9 |
| 10 days before the passage of the
annexation ordinance. When | 10 |
| the territory to be annexed lies wholly or
partially within a | 11 |
| township other than that township where the municipality
is | 12 |
| situated, the annexing municipality shall give at least 10 days | 13 |
| prior
written notice of the time and place of the passage of | 14 |
| the annexation ordinance
to the township supervisor of the | 15 |
| township where the territory to be
annexed lies. The ordinance | 16 |
| shall describe the territory
annexed, which may not exceed 1/3 | 17 |
| the area of the annexing municipality
before the annexation. A | 18 |
| copy of the annexing ordinance and an accurate
map of the | 19 |
| annexed territory shall be recorded by the recorder
of the | 20 |
| county wherein the annexed territory is situated and a document | 21 |
| of
annexation shall be filed with the county clerk and County | 22 |
| Election Authority.
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| (Source: P.A. 86-769.)
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| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.
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