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Public Act 91-0678
HB0539 Enrolled LRB9100612ACdvA
AN ACT concerning lawn sprinkler systems.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Plumbing License Law is amended
by changing Sections 2, 3, 19, 29.5, 30, and 42 and adding
Sections 2.5, 2.6, and 16.1 as follows:
(225 ILCS 320/2) (from Ch. 111, par. 1102)
Sec. 2. When used in this Act:
"Agent" means a person designated by a sponsor as
responsible for supervision of an apprentice plumber and who
is also an Illinois licensed plumber.
"Apprentice plumber" means any licensed person who is
learning and performing plumbing under the supervision of a
sponsor or his agent in accordance with the provisions of
this Act.
"Approved apprenticeship program" means an apprenticeship
program approved by the U.S. Department of Labor's Bureau of
Apprenticeship and Training and the Department under rules.
"Board" means the Illinois State Board of Plumbing
Examiners.
"Building drain" means that part of the lowest horizontal
piping of a drainage system that receives the discharge from
soil, waste, and other drainage pipes inside the walls of a
building and conveys it to 5 feet beyond the foundation walls
where it is connected to the building sewer.
"Building sewer" means that part of the horizontal piping
of a drainage system that extends from the end of the
building drain, receives the discharge of the building drain
and conveys it to a public sewer or private sewage disposal
system.
"Department" means the Illinois Department of Public
Health.
"Director" means the Director of the Illinois Department
of Public Health.
"Governmental unit" means a city, village, incorporated
town, county, or sanitary or water district.
"Irrigation contractor" means a person who installs or
supervises the installation of lawn sprinkler systems subject
to Section 2.5 of this Act, other than a licensed plumber or
a licensed apprentice plumber.
"Lawn sprinkler system" means any underground irrigation
system of lawn, shrubbery and other vegetation from any
potable water sources; and from any water sources, whether or
not potable, in: (i) any county with a population of
3,000,000 or more; (ii) any county with a population of
275,000 or more which is contiguous in whole or in part to a
county with a population of 3,000,000 or more; and (iii) any
county with a population of 37,000 or more but less than
150,000 which is contiguous to 2 or more counties with
respective populations in excess of 275,000. "Lawn sprinkler
Such system" includes without limitation the water supply
piping, valves, and sprinkler heads or other irrigation
outlets, but does not include the backflow prevention device.
"Lawn sprinkler system" does not include an irrigation system
used primarily for agricultural purposes.
"Person" means any natural person, firm, corporation,
partnership, or association.
"Plumber" means any licensed person authorized to perform
plumbing as defined in this Act, but does not include retired
plumbers as defined in this Act.
"Plumbing" means the actual installation, repair,
maintenance, alteration or extension of a plumbing system by
any person.
"Plumbing" includes all piping, fixtures, appurtenances
and appliances for a supply of water for all purposes,
including without limitation lawn sprinkler systems and
backflow prevention devices connected to lawn sprinkler
systems, from the source of a private water supply on the
premises or from the main in the street, alley or at the curb
to, within and about any building or buildings where a person
or persons live, work or assemble.
"Plumbing" includes all piping, from discharge of pumping
units to and including pressure tanks in water supply
systems.
"Plumbing" includes all piping, fixtures, appurtenances,
and appliances for a building drain and a sanitary drainage
and related ventilation system of any building or buildings
where a person or persons live, work or assemble from the
point of connection of such building drain to the building
sewer or private sewage disposal system 5 feet beyond the
foundation walls.
"Plumbing" does not mean or include the trade of
drain-laying, the trade of drilling water wells which
constitute the sources of private water supplies, and of
making connections between such wells and pumping units in
the water supply systems of buildings served by such private
water supplies, or the business of installing water softening
equipment and of maintaining and servicing the same, or the
business of manufacturing or selling plumbing fixtures,
appliances, equipment or hardware, or to the installation and
servicing of electrical equipment sold by a not-for-profit
corporation providing electrification on a cooperative basis,
that either on or before January 1, 1971, is or has been
financed in whole or in part under the federal "Rural
Electrification Act of 1936" and the Acts amendatory thereof
and supplementary thereto, to its members for use on farms
owned by individuals or operated by individuals, nor does it
mean or include minor repairs which do not require changes in
the piping to or from plumbing fixtures or involve the
removal, replacement, installation or re-installation of any
pipe or plumbing fixtures. Plumbing does not include the
installation, repair, maintenance, alteration or extension of
building sewers.
"Plumbing fixtures" means installed receptacles, devices
or appliances that are supplied with water or that receive or
discharge liquids or liquid borne wastes, with or without
discharge into the drainage system with which they may be
directly or indirectly connected.
"Plumbing system" means the water service, water supply
and distribution pipes; plumbing fixtures and traps; soil,
waste and vent pipes; building drains; including their
respective connections, devices and appurtenances. "Plumbing
system" does not include building sewers as defined in this
Act.
"Retired plumber" means any licensed plumber in good
standing who meets the requirements of this Act and the
requirements prescribed by Department rule to be licensed as
a retired plumber and voluntarily surrenders his plumber's
license to the Department, in exchange for a retired
plumber's license. Retired plumbers cannot perform plumbing
as defined in this Act, cannot sponsor or supervise
apprentice plumbers, and cannot inspect plumbing under this
Act. A retired plumber cannot fulfill the requirements of
subsection (3) of Section 3 of this Act.
"Supervision" with respect to first and second year
licensed apprentice plumbers means that such apprentices must
perform all designing and planning of plumbing systems and
all plumbing as defined in this Act under the direct personal
supervision of the sponsor or his or her agent who must also
be an Illinois licensed plumber, except for maintenance and
repair work on existing plumbing systems done by second year
apprentice plumbers; provided that before performing any
maintenance and repair work without such supervision, such
apprentice has received the minimum number of hours of annual
classroom instruction recommended by the United States
Department of Labor's Bureau of Apprenticeship and Training
for apprentice plumbers in a Bureau of Apprenticeship and
Training approved plumber apprenticeship program or its
equivalent. "Supervision" with respect to all other
apprentice plumbers means that, except for maintenance and
repair work on existing plumbing systems, any plumbing done
by such apprentices must be inspected daily, after initial
rough-in and after completion by the sponsor or his or her
agent who is also an Illinois licensed plumber. In addition,
all repair and maintenance work done by a licensed apprentice
plumber on an existing plumbing system must be approved by
the sponsor or his or her agent who is also an Illinois
licensed plumber.
"Sponsor" is an Illinois licensed plumber or an approved
apprenticeship program that has accepted an individual as an
Illinois licensed apprentice plumber for education and
training in the field of plumbing and whose name and license
number or apprenticeship program number shall appear on the
individual's application for an apprentice plumber's license.
"Sponsored" means that each Illinois licensed apprentice
plumber has been accepted by an Illinois licensed plumber or
an approved apprenticeship program for apprenticeship
training.
"Telecommunications carrier" means a telecommunications
carrier as defined in the Public Utilities Act.
(Source: P.A. 91-184, eff. 1-1-00.)
(225 ILCS 320/2.5 new)
Sec. 2.5. Irrigation contractors; lawn sprinkler
systems.
(a) Every irrigation contractor doing business in this
State shall annually register with the Department. Every
irrigation contractor shall provide to the Department his or
her business name and address, telephone number, name of
principal, and FEIN number. Every irrigation contractor doing
business in this State shall also register with the
Department each and every employee who installs or supervises
the installation of lawn sprinkler systems. The registration
shall include the employee's name, home address, and
telephone number. The Department may provide by rule for the
administration of registrations under this subsection. The
annual registration fee shall be set by the Department
pursuant to Section 30 of this Act.
(b) A licensed plumber or licensed apprentice plumber
may install a lawn sprinkler system connected to any water
source without registration under this Section.
(c) A licensed plumber shall inspect every sprinkler
system installed by an irrigation contractor to ensure the
provisions of this Section have been met and that the system
works mechanically. A licensed plumber shall make the
physical connection between a lawn sprinkler system and the
backflow prevention device.
Upon the installation of every lawn sprinkler system in
this State from the effective date of this amendatory Act of
the 91st General Assembly forward, a licensed plumber shall
affix to the backflow prevention device a tag certifying that
the installation of that system has been completed in
compliance with the minimum code of plumbing standards
promulgated under this Act. The Department shall provide by
rule for the registration of every lawn sprinkler system
installed after the effective date of this amendatory Act of
the 91st General Assembly, including the means by which the
Department shall be able to identify by registration number
the identity of the responsible irrigation contractor and by
license number the identity of the responsible licensed
plumber. No lawn sprinkler system installed after the
effective date of this amendatory Act of the 91st General
Assembly may be operated without the certification tag
required under this Section.
The registered irrigation contractor and the licensed
plumber whose identifying information is contained on the
certification tag shall both be subject to the penalty
provisions of this Act for violations for improper
installation of a lawn sprinkler system installed after the
effective date of this amendatory Act of the 91st General
Assembly.
(d) An irrigation contractor that has registered with
the Department 7 or fewer persons who are authorized to
install or supervise the installation of lawn sprinkler
systems shall either employ or contract with at least one
licensed plumber who shall install or be responsible for the
installation of every lawn sprinkler system installed after
the effective date of this amendatory Act of the 91st General
Assembly. The licensed plumber shall inspect the risers and
sprinkler heads before backfilling.
An irrigation contractor that has registered with the
Department 8 to 12 persons who are authorized to install or
supervise the installation of lawn sprinkler systems shall
either employ or contract with at least 2 licensed plumbers
who shall install or be responsible for the installation of
every lawn sprinkler system installed after the effective
date of this amendatory Act of the 91st General Assembly. A
licensed plumber shall inspect the risers and sprinkler heads
before backfilling.
An irrigation contractor that has registered with the
Department 13 to 20 persons who are authorized to install or
supervise the installation of lawn sprinkler systems shall
either employ or contract with at least 3 licensed plumbers
who shall install or be responsible for the installation of
every lawn sprinkler system installed after the effective
date of this amendatory Act of the 91st General Assembly. A
licensed plumber shall inspect the risers and sprinkler heads
before backfilling.
An irrigation contractor that has registered with the
Department 21 to 28 persons who are authorized to install or
supervise the installation of lawn sprinkler systems shall
either employ or contract with at least 4 licensed plumbers
who shall install or be responsible for the installation of
every lawn sprinkler system installed after the effective
date of this amendatory Act of the 91st General Assembly. A
licensed plumber shall inspect the risers and sprinkler heads
before backfilling.
An irrigation contractor that has registered with the
Department 29 to 35 persons who are authorized to install or
supervise the installation of lawn sprinkler systems shall
either employ or contract with at least 5 licensed plumbers
who shall install or be responsible for the installation of
every lawn sprinkler system installed after the effective
date of this amendatory Act of the 91st General Assembly. A
licensed plumber shall inspect the risers and sprinkler heads
before backfilling.
An irrigation contractor that has registered with the
Department 36 or more persons who are authorized to install
or supervise the installation of lawn sprinkler systems shall
either employ or contract with at least 6 licensed plumbers
who shall install or be responsible for the installation of
every lawn sprinkler system installed after the effective
date of this amendatory Act of the 91st General Assembly. A
licensed plumber shall inspect the risers and sprinkler heads
before backfilling.
The Department may provide by rule for the temporary
waiver process for registered irrigation contractors who are
unable to comply with the requirements of this subsection.
When a temporary waiver is granted, it shall not be for a
duration of more than 3 consecutive months. Upon the
expiration of a temporary waiver issued by the Department,
the registered irrigation contractor shall demonstrate that
justifiable reasons exist why he or she is still unable to
comply with the requirements of this subsection, despite good
faith efforts to comply with the requirements. In no case
shall a temporary waiver be granted for an irrigation
contractor for more than a total of 6 months in a two-year
period. In no case shall an irrigation contractor be relieved
of the requirement that a licensed plumber shall inspect
every sprinkler system installed by an irrigation contractor
to ensure the provisions of this Section have been met and
that the system works mechanically and make the physical
connection between a sprinkler system and the backflow
prevention device.
(e) No person shall attach to a lawn sprinkler system
any fixture intended to supply water for human consumption.
No person shall attach to a lawn sprinkler system any
fixture other than the backflow prevention device, sprinkler
heads, valves, and other parts integral to the operation of
the system, unless the fixture is clearly marked as being for
non-potable uses only.
(f) This Section is repealed January 1, 2003, and all
registrations under this Section terminate on that date.
(225 ILCS 320/2.6 new)
Sec. 2.6. Golf courses. A golf course with a lawn
sprinkler system installed prior to the effective date of
this amendatory Act of the 91st General Assembly may extend,
relocate, or modify up to 200 linear yards of an existing
lawn sprinkler system without being subject to the
requirements of Section 2.5 of this Act. However, if the
extension, relocation, or modification of an existing lawn
sprinkler system involves a connection of the system to a
backflow prevention device, a licensed plumber shall make the
physical connection between the lawn sprinkler system and the
backflow prevention device.
(225 ILCS 320/3) (from Ch. 111, par. 1103)
Sec. 3. (1) All planning and designing of plumbing
systems and all plumbing shall be performed only by plumbers
licensed under the provisions of this Act hereinafter called
"licensed plumbers" and "licensed apprentice plumbers". The
inspection of plumbing and plumbing systems shall be done
only by the sponsor or his or her agent who shall be an
Illinois licensed plumber. Nothing herein contained shall
prohibit licensed plumbers or licensed apprentice plumbers
under supervision from planning, designing, inspecting,
installing, repairing, maintaining, altering or extending
building sewers in accordance with this Act. No person who
holds a license or certificate of registration under the
Illinois Architecture Practice Act of 1989, or the Structural
Engineering Practice Act of 1989, or the Professional
Engineering Practice Act of 1989 shall be prevented from
planning and designing plumbing systems.
(2) Nothing herein contained shall prohibit the owner
occupant or lessee occupant of a single family residence, or
the owner of a single family residence under construction for
his or her occupancy, from planning, installing, altering or
repairing the plumbing system of such residence, provided
that (i) such plumbing shall comply with the minimum
standards for plumbing contained in the Illinois State
Plumbing Code, and shall be subject to inspection by the
Department or the local governmental unit if it retains a
licensed plumber as an inspector; and (ii) such owner, owner
occupant or lessee occupant shall not employ other than a
plumber licensed pursuant to this Act to assist him or her.
For purposes of this subsection, a person shall be
considered an "occupant" if and only if he or she has taken
possession of and is living in the premises as his or her
bona fide sole and exclusive residence, or, in the case of
an owner of a single family residence under construction for
his or her occupancy, he or she expects to take possession of
and live in the premises as his or her bona fide sole and
exclusive residence, and he or she has a current intention to
live in such premises as his or her bona fide sole and
exclusive residence for a period of not less than 6 months
after the completion of the plumbing work performed pursuant
to the authorization of this subsection, or, in the case of
an owner of a single family residence under construction for
his or her occupancy, for a period of not less than 6 months
after the completion of construction of the residence.
Failure to possess and live in the premises as a sole and
exclusive residence for a period of 6 months or more shall
create a rebuttable presumption of a lack of such intention.
(3) The employees of a firm, association, partnership or
corporation who engage in plumbing shall be licensed plumbers
or licensed apprentice plumbers. At least one member of every
firm, association or partnership engaged in plumbing work,
and at least one corporate officer of every corporation
engaged in plumbing work, as the case may be, shall be a
licensed plumber. A retired plumber cannot fulfill the
requirements of this subsection (3).
Notwithstanding the provisions of this subsection (3), it
shall be lawful for an irrigation contractor registered under
Section 2.5 of this Act to employ or contract with one or
more licensed plumbers in connection with work on lawn
sprinkler systems pursuant to Section 2.5 of this Act.
(4) (a) A licensed apprentice plumber shall plan, design
and install plumbing only under the supervision of the
sponsor or his or her agent who is also an Illinois
licensed plumber.
(b) An applicant for licensing as an apprentice
plumber shall be at least 16 years of age and apply on
the application form provided by the Department. Such
application shall verify that the applicant is sponsored
by an Illinois licensed plumber or an approved
apprenticeship program and shall contain the name and
license number of the licensed plumber or program
sponsor.
(c) No licensed plumber shall sponsor more than 2
licensed apprentice plumbers at the same time. If 2
licensed apprentice plumbers are sponsored by a plumber
at the same time, one of the apprentices must have, at a
minimum, 2 years experience as a licensed apprentice. No
licensed plumber sponsor or his or her agent may
supervise 2 licensed apprentices with less than 2 years
experience at the same time. The sponsor or agent shall
supervise and be responsible for the plumbing performed
by a licensed apprentice.
(d) No agent shall supervise more than 2 licensed
apprentices at the same time.
(e) No licensed plumber may, in any capacity,
supervise more than 2 licensed apprentice plumbers at the
same time.
(f) No approved apprenticeship program may sponsor
more licensed apprentices than 2 times the number of
licensed plumbers available to supervise those licensed
apprentices.
(g) No approved apprenticeship program may sponsor
more licensed apprentices with less than 2 years
experience than it has licensed plumbers available to
supervise those licensed apprentices.
(h) No individual shall work as an apprentice
plumber unless he or she is properly licensed under this
Act. The Department shall issue an apprentice plumber's
license to each approved applicant.
(i) No licensed apprentice plumber shall serve more
than a 6 year licensed apprenticeship period. If, upon
completion of a 6 year licensed apprenticeship period,
such licensed apprentice plumber does not apply for the
examination for a plumber's license and successfully pass
the examination for a plumber's license, his or her
apprentice plumber's license shall not be renewed.
Nothing contained in P.A. 83-878, entitled "An Act in
relation to professions", approved September 26, 1983, was
intended by the General Assembly nor should it be construed
to require the employees of a governmental unit or privately
owned municipal water supplier who operate, maintain or
repair a water or sewer plant facility which is owned or
operated by such governmental unit or privately owned
municipal water supplier to be licensed plumbers under this
Act. In addition, nothing contained in P.A. 83-878 was
intended by the General Assembly nor should it be construed
to permit persons other than licensed plumbers to perform the
installation, repair, maintenance or replacement of plumbing
fixtures, such as toilet facilities, floor drains, showers
and lavatories, and the piping attendant to those fixtures,
within such facility or in the construction of a new
facility.
Nothing contained in P.A. 83-878, entitled "An Act in
relation to professions", approved September 26, 1983, was
intended by the General Assembly nor should it be construed
to require the employees of a governmental unit or privately
owned municipal water supplier who install, repair or
maintain water service lines from water mains in the street,
alley or curb line to private property lines and who install,
repair or maintain water meters to be licensed plumbers under
this Act if such work was customarily performed prior to the
effective date of such Act by employees of such governmental
unit or privately owned municipal water supplier who were not
licensed plumbers. Any such work which was customarily
performed prior to the effective date of such Act by persons
who were licensed plumbers or subcontracted to persons who
were licensed plumbers must continue to be performed by
persons who are licensed plumbers or subcontracted to persons
who are licensed plumbers. When necessary under this Act,
the Department shall make the determination whether or not
persons who are licensed plumbers customarily performed such
work.
(Source: P.A. 91-91, eff. 1-1-00.)
(225 ILCS 320/16.1 new)
Sec. 16.1. Local ordinances; irrigation contractors.
(1) Any city, village, or incorporated town having a
population of 500,000 or more may, by an ordinance containing
provisions substantially the same as those in this Act with
respect to the registration of irrigation contractors,
provide for the registration of irrigation contractors within
such city, village, or incorporated town. Upon the enactment
of the ordinance, the provisions of this Act relating to
irrigation contractors shall not apply within any such
municipality except as otherwise provided herein.
(2) Any person registered as an irrigation contractor
pursuant to such ordinance, or registered by the Department
under this Act, may install or supervise the installation of
lawn sprinkler systems anywhere in this State.
(3) Any municipality enacting an ordinance pursuant to
this Section shall maintain a current record similar to that
required of the Department by Section 2.5 of this Act, and
shall provide the Department with a copy thereof. The
Department shall be advised of changes in such record at
least every 6 months.
(225 ILCS 320/19) (from Ch. 111, par. 1118)
Sec. 19. The Director, after notice and opportunity for
hearing to the applicant, or license holder, or registrant,
may deny, suspend, or revoke a license or registration in any
case in which he or she finds that there has been a
substantial failure to comply with the provisions of this Act
or the standards, rules, and regulations established under
this Act.
Notice shall be provided by certified mail or by personal
service setting forth the particular reasons for the proposed
action and fixing a date, not less than 20 days from the date
of the mailing or service, within which time the applicant or
license holder must request in writing a hearing. Failure to
serve upon the Department a request for hearing in writing
within the time provided in the notice shall constitute a
waiver of the person's right to an administrative hearing.
The hearing shall be conducted by the Director or by an
individual designated in writing by the Director as a hearing
officer to conduct the hearing. The Director or hearing
officer shall give written notice of the time and place of
the hearing, by certified mail or personal service, to the
applicant, or license holder, or registrant at least 10 days
prior to the hearing. On the basis of the hearing, or upon
default of the applicant, or license holder, or registrant,
the Director shall make a determination specifying his or her
findings and conclusions. A copy of the determination shall
be sent by certified mail or served personally upon the
applicant, or license holder, or registrant. The decision of
the Director shall be final on issues of fact and final in
all respects unless judicial review is sought as provided in
this Act.
The procedure governing hearings authorized by this
Section shall be in accordance with rules promulgated by the
Department. A full and complete record shall be kept of all
proceedings, including the notice of hearing, complaint, and
all other documents in the nature of pleadings, written
motions filed in the proceedings, and the report and orders
of the Director and hearing officer.
The Department at its expense shall provide a court
reporter to take testimony. Technical error in the
proceedings before the Department or hearing officer or their
failure to observe the technical rules of evidence shall not
be grounds for the reversal of any administrative decision
unless it appears to the Court that such error or failure
materially affects the rights of any party and results in
substantial injustice to them.
The Department or hearing officer, or any parties in an
investigation or hearing before the Department, may cause the
depositions of witnesses within the State to be taken in the
manner prescribed by law for depositions in civil actions in
courts of this State, and compel the attendance of witnesses
and the production of books, papers, records, or memoranda.
The Department shall not be required to certify any
record to the Court or file any answer in Court or otherwise
appear in any Court in a judicial review proceeding, unless
there is filed in the Court with the complaint a receipt from
the Department acknowledging payment of the costs of
furnishing and certifying the record. Such cost shall be
paid by the party requesting a copy of the record. Failure
on the part of the person requesting a copy of the record to
pay the cost shall be grounds for dismissal of the action.
(Source: P.A. 87-885.)
(225 ILCS 320/29.5)
Sec. 29.5. Unlicensed practice; violation; civil
penalty.
(a) A person who practices, offers to practice, attempts
to practice, or holds himself or herself out to practice as a
plumber without being licensed under this Act, or as an
irrigation contractor without being registered under this
Act, shall, in addition to any other penalty provided by law,
pay a civil penalty to the Department in an amount not to
exceed $5,000 for each offense as determined by the
Department. The civil penalty shall be assessed by the
Department after a hearing is held in accordance with the
provisions set forth in this Act regarding the provision of a
hearing for the discipline of a licensee.
(b) The Department has the authority and power to
investigate any person who practices, offers to practice,
attempts to practice, or holds himself or herself out to
practice as a plumber without being licensed under this Act,
or as an irrigation contractor without being registered under
this Act.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a judgment and may be filed and
execution had on the judgment in the same manner as a
judgment from a court of record. All fines and penalties
collected by the Department under this Section of the Act and
accrued interest shall be deposited into the Plumbing
Licensure and Program Fund for use by the Department in
performing activities relating to the administration and
enforcement of this Act.
(Source: P.A. 90-714, eff. 8-7-98.)
(225 ILCS 320/30) (from Ch. 111, par. 1129)
Sec. 30. (1) The Department shall, by rule, establish a
schedule of fees for examination, registration, and licensure
sufficient to offset a portion of the costs of administration
and enforcement of this Act.
(2) The Department may, by rule, establish a schedule of
fees for the publication and mailing of the Illinois State
Plumbing Code.
(Source: P.A. 87-885.)
(225 ILCS 320/42)
Sec. 42. Home rule. Pursuant to paragraph (h) of Section
6 of Article VII of the Illinois Constitution of 1970 the
power to regulate the licensing of plumbers, and the
promulgation of a minimum plumbing code of standards, and the
power to regulate the registration of irrigation contractors
shall, except as may otherwise be provided within and
pursuant to the provisions of Section 16 and Section 16.1 of
this Act, be exercised by the State and may not be exercised
by any unit of local government, including home rule units.
(Source: P.A. 83-878.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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