Full Text of HB1426 95th General Assembly
HB1426 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1426
Introduced 2/21/2007, by Rep. Dan Reitz SYNOPSIS AS INTRODUCED:
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765 ILCS 77/35 |
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765 ILCS 77/36 new |
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Amends the Residential Real Property Disclosure Act. Provides that the residential real property disclosure report shall include the disclosure of the seller's awareness of radon hazards (at present, unsafe concentrations of radon). Provides that a seller shall provide to a prospective buyer, along with the disclosure report, written materials prepared by the Illinois Emergency Management Agency about radon hazards, testing, and remediation. Provides that the Illinois Emergency Management Agency shall develop written information about radon hazards, testing, and remediation that a seller shall provide to a residential property purchaser. Effective immediately.
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A BILL FOR
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HB1426 |
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LRB095 08969 AJO 29160 b |
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| AN ACT concerning civil law.
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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 Residential Real Property Disclosure Act is | | 5 |
| amended by changing Section 35 and by adding Section 36 as | | 6 |
| follows:
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| (765 ILCS 77/35)
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| Sec. 35. Disclosure report form. The disclosures required | | 9 |
| of a seller
by this Act shall be made in the following form:
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| RESIDENTIAL REAL PROPERTY DISCLOSURE REPORT
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| NOTICE: THE PURPOSE OF THIS REPORT IS TO PROVIDE | | 12 |
| PROSPECTIVE BUYERS WITH
INFORMATION ABOUT MATERIAL DEFECTS IN | | 13 |
| THE RESIDENTIAL REAL PROPERTY. ACCOMPANYING THIS REPORT IS | | 14 |
| WRITTEN INFORMATION THAT DESCRIBES THE POTENTIAL HAZARDS OF | | 15 |
| EXPOSURE TO RADON, TESTING FOR RADON, AND RADON REMEDIATION; | | 16 |
| THE WRITTEN INFORMATION WAS PREPARED BY THE ILLINOIS EMERGENCY | | 17 |
| MANAGEMENT AGENCY PURSUANT TO STATE STATUTE. THIS
REPORT DOES | | 18 |
| NOT LIMIT THE PARTIES' RIGHT TO CONTRACT FOR THE SALE OF
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| RESIDENTIAL
REAL PROPERTY IN "AS IS" CONDITION. UNDER COMMON | | 20 |
| LAW, SELLERS WHO DISCLOSE
MATERIAL DEFECTS MAY BE UNDER A | | 21 |
| CONTINUING OBLIGATION TO ADVISE THE PROSPECTIVE
BUYERS ABOUT | | 22 |
| THE CONDITION OF THE RESIDENTIAL REAL PROPERTY EVEN AFTER THE
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| REPORT IS DELIVERED TO THE PROSPECTIVE BUYER. COMPLETION OF |
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HB1426 |
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LRB095 08969 AJO 29160 b |
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| THIS REPORT BY
THE
SELLER CREATES LEGAL OBLIGATIONS ON THE | | 2 |
| SELLER; THEREFORE THE
SELLER MAY WISH TO CONSULT
AN ATTORNEY | | 3 |
| PRIOR TO COMPLETION OF THIS REPORT.
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| Property Address: ...........................................
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| City, State & Zip Code: .....................................
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| Seller's Name: ..............................................
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| This Report is a disclosure of certain conditions of the | | 8 |
| residential real
property listed above in compliance with the | | 9 |
| Residential Real Property
Disclosure Act. This information is | | 10 |
| provided as of ...(month) ...(day)
...(year), and does not | | 11 |
| reflect any changes made or occurring after that date
or | | 12 |
| information that becomes known to the seller after that date. | | 13 |
| The
disclosures herein shall not be deemed warranties of any | | 14 |
| kind by the seller or
any person representing any party in this | | 15 |
| transaction.
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| In this form, "am aware" means to have actual notice or
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| actual knowledge without any specific investigation or | | 18 |
| inquiry.
In this form, "material defect" means a condition that | | 19 |
| would
have a substantial adverse effect on the value of the | | 20 |
| residential
real property or that would significantly impair | | 21 |
| the health or
safety of future occupants of the residential | | 22 |
| real property
unless the seller reasonably believes that the | | 23 |
| condition has
been corrected.
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| The seller discloses the following information with the
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| knowledge that even though the statements herein are not deemed
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| to be warranties, prospective buyers may choose to rely on
this |
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HB1426 |
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LRB095 08969 AJO 29160 b |
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| information in deciding whether or not and on what terms
to | | 2 |
| purchase the residential real property.
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| The seller represents that to the best of his or her actual
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| knowledge, the following statements have been accurately noted
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| as "yes" (correct), "no" (incorrect), or "not applicable" to | | 6 |
| the
property being sold. If the seller indicates that the | | 7 |
| response
to any statement, except number 1, is yes or not | | 8 |
| applicable, the
seller shall provide an explanation, in the | | 9 |
| additional information
area of this form.
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| 10 | | |
YES |
NO |
N/A |
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| 11 | | 1. |
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Seller has occupied the property |
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within the last 12 months. |
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| 13 | | | | | | (No explanation is needed.) |
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| 14 | | 2. |
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I am aware of flooding or recurring |
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leakage problems in the crawl |
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space or basement. |
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| 17 | | 3. |
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I am aware that the property is |
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located in a flood plain or that I |
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currently have flood hazard |
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insurance on the property. |
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| 21 | | 4. |
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I am aware of material defects in |
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the basement or foundation |
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(including cracks and bulges). |
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| 24 | | 5. |
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I am aware of leaks or material |
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defects in the roof, ceilings, or |
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chimney. |
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HB1426 |
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LRB095 08969 AJO 29160 b |
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| | 1 | | 6. |
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I am aware of material defects in |
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the walls or floors. |
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| 3 | | 7. |
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I am aware of material defects in |
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the electrical system. |
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| 5 | | 8. |
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I am aware of material defects in |
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the plumbing system (includes |
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such things as water heater, sump |
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pump, water treatment system, |
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sprinkler system, and swimming |
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pool). |
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| 11 | | 9. |
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I am aware of material defects in |
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the well or well equipment. |
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| 13 | | 10. |
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I am aware of unsafe conditions in |
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the drinking water. |
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| 15 | | 11. |
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I am aware of material defects in |
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the heating, air conditioning, or |
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ventilating systems. |
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| 18 | | 12. |
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I am aware of material defects in |
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the fireplace or woodburning |
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stove. |
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| 21 | | 13. |
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I am aware of material defects in |
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the septic, sanitary sewer, or |
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other disposal system. |
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| 24 | | 14. |
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I am aware of radon hazards or
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unsafe concentrations of radon on the premises. |
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LRB095 08969 AJO 29160 b |
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I am aware of unsafe concentrations |
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of or unsafe conditions relating |
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to asbestos on the premises. |
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I am aware of unsafe concentrations |
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of or unsafe conditions relating |
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to lead paint, lead water pipes, |
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lead plumbing pipes or lead in |
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the soil on the premises. |
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I am aware of mine subsidence, |
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underground pits, settlement, |
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sliding, upheaval, or other earth |
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stability defects on the |
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premises. |
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I am aware of current infestations |
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of termites or other wood boring |
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insects. |
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| 17 | | 19. |
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I am aware of a structural defect |
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caused by previous infestations |
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of termites or other wood boring |
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insects. |
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| 21 | | 20. |
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I am aware of underground fuel |
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storage tanks on the property. |
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| 23 | | 21. |
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I am aware of boundary or lot line |
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disputes. |
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| 25 | | 22. |
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I have received notice of violation |
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of local, state or federal laws |
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HB1426 |
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LRB095 08969 AJO 29160 b |
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or regulations relating to this |
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property, which violation has not |
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been corrected. |
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| Note: These disclosures are not intended to cover the | | 5 |
| common
elements of a condominium, but only the actual | | 6 |
| residential real
property including limited common elements | | 7 |
| allocated to the
exclusive use thereof that form an integral | | 8 |
| part of the
condominium unit.
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| Note: These disclosures are intended to reflect the current | | 10 |
| condition of
the premises and do not include previous problems, | | 11 |
| if any, that the seller
reasonably believes have been | | 12 |
| corrected.
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| If any of the above are marked "not applicable" or "yes", | | 14 |
| please explain here
or use additional pages, if necessary:
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| .............................................................
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| .............................................................
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| .............................................................
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| Check here if additional pages used: .....
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| Seller certifies that seller has prepared this statement | | 20 |
| and
certifies that the information provided is based on the | | 21 |
| actual
notice or actual knowledge of the seller without any | | 22 |
| specific
investigation or inquiry on the part of the seller. | | 23 |
| The seller
hereby authorizes any person representing any | | 24 |
| principal in this
transaction to provide a copy of this report, | | 25 |
| and to disclose
any information in the report, to any person in | | 26 |
| connection
with any actual or anticipated sale of the property.
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HB1426 |
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LRB095 08969 AJO 29160 b |
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| | 1 |
| Seller: ............................... Date: ...............
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| Seller: ............................... Date: ...............
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| THE PROSPECTIVE BUYER IS AWARE THAT THE PARTIES MAY CHOOSE
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| TO NEGOTIATE AN AGREEMENT FOR THE SALE OF THE PROPERTY SUBJECT | | 5 |
| TO
ANY OR ALL MATERIAL DEFECTS DISCLOSED IN THIS REPORT ("AS | | 6 |
| IS").
THIS DISCLOSURE IS NOT A SUBSTITUTE FOR ANY INSPECTIONS | | 7 |
| OR WARRANTIES
THAT THE PROSPECTIVE BUYER OR SELLER MAY WISH TO | | 8 |
| OBTAIN
OR NEGOTIATE. THE FACT THAT THE SELLER IS NOT AWARE OF A | | 9 |
| PARTICULAR
CONDITION OR PROBLEM IS NO GUARANTEE THAT IT DOES | | 10 |
| NOT EXIST.
THE PROSPECTIVE BUYER IS AWARE THAT HE MAY REQUEST | | 11 |
| AN INSPECTION OF
THE PREMISES PERFORMED BY A QUALIFIED | | 12 |
| PROFESSIONAL.
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| Prospective Buyer: .................. Date: ...... Time: ....
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| Prospective Buyer: .................. Date: ...... Time: ....
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| (Source: P.A. 90-383, eff. 1-1-98; 91-357, eff. 7-29-99.)
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| (765 ILCS 77/36 new) | | 17 |
| Sec. 36. Information about radon hazards, testing, and | | 18 |
| remediation. The Illinois Emergency Management Agency shall | | 19 |
| develop and make available written materials about radon for | | 20 |
| sellers to provide to prospective buyers of residential real | | 21 |
| property on which a residential dwelling exists. The written | | 22 |
| materials about radon shall describe potential hazards of | | 23 |
| exposure to radon, testing for radon, and radon remediation.
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| Section 99. Effective date. This Act takes effect upon | | 25 |
| becoming law.
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