HB2383enr 101ST GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. References to Act. This Act may be referred to
5as Mason's Law.
 
6    Section 5. The Illinois Vehicle Code is amended by changing
7Section 6-206 as follows:
 
8    (625 ILCS 5/6-206)
9    Sec. 6-206. Discretionary authority to suspend or revoke
10license or permit; right to a hearing.
11    (a) The Secretary of State is authorized to suspend or
12revoke the driving privileges of any person without preliminary
13hearing upon a showing of the person's records or other
14sufficient evidence that the person:
15        1. Has committed an offense for which mandatory
16    revocation of a driver's license or permit is required upon
17    conviction;
18        2. Has been convicted of not less than 3 offenses
19    against traffic regulations governing the movement of
20    vehicles committed within any 12 month period. No
21    revocation or suspension shall be entered more than 6
22    months after the date of last conviction;

 

 

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1        3. Has been repeatedly involved as a driver in motor
2    vehicle collisions or has been repeatedly convicted of
3    offenses against laws and ordinances regulating the
4    movement of traffic, to a degree that indicates lack of
5    ability to exercise ordinary and reasonable care in the
6    safe operation of a motor vehicle or disrespect for the
7    traffic laws and the safety of other persons upon the
8    highway;
9        4. Has by the unlawful operation of a motor vehicle
10    caused or contributed to an accident resulting in injury
11    requiring immediate professional treatment in a medical
12    facility or doctor's office to any person, except that any
13    suspension or revocation imposed by the Secretary of State
14    under the provisions of this subsection shall start no
15    later than 6 months after being convicted of violating a
16    law or ordinance regulating the movement of traffic, which
17    violation is related to the accident, or shall start not
18    more than one year after the date of the accident,
19    whichever date occurs later;
20        5. Has permitted an unlawful or fraudulent use of a
21    driver's license, identification card, or permit;
22        6. Has been lawfully convicted of an offense or
23    offenses in another state, including the authorization
24    contained in Section 6-203.1, which if committed within
25    this State would be grounds for suspension or revocation;
26        7. Has refused or failed to submit to an examination

 

 

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1    provided for by Section 6-207 or has failed to pass the
2    examination;
3        8. Is ineligible for a driver's license or permit under
4    the provisions of Section 6-103;
5        9. Has made a false statement or knowingly concealed a
6    material fact or has used false information or
7    identification in any application for a license,
8    identification card, or permit;
9        10. Has possessed, displayed, or attempted to
10    fraudulently use any license, identification card, or
11    permit not issued to the person;
12        11. Has operated a motor vehicle upon a highway of this
13    State when the person's driving privilege or privilege to
14    obtain a driver's license or permit was revoked or
15    suspended unless the operation was authorized by a
16    monitoring device driving permit, judicial driving permit
17    issued prior to January 1, 2009, probationary license to
18    drive, or a restricted driving permit issued under this
19    Code;
20        12. Has submitted to any portion of the application
21    process for another person or has obtained the services of
22    another person to submit to any portion of the application
23    process for the purpose of obtaining a license,
24    identification card, or permit for some other person;
25        13. Has operated a motor vehicle upon a highway of this
26    State when the person's driver's license or permit was

 

 

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1    invalid under the provisions of Sections 6-107.1 and 6-110;
2        14. Has committed a violation of Section 6-301,
3    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
4    14B of the Illinois Identification Card Act;
5        15. Has been convicted of violating Section 21-2 of the
6    Criminal Code of 1961 or the Criminal Code of 2012 relating
7    to criminal trespass to vehicles in which case, the
8    suspension shall be for one year;
9        16. Has been convicted of violating Section 11-204 of
10    this Code relating to fleeing from a peace officer;
11        17. Has refused to submit to a test, or tests, as
12    required under Section 11-501.1 of this Code and the person
13    has not sought a hearing as provided for in Section
14    11-501.1;
15        18. Has, since issuance of a driver's license or
16    permit, been adjudged to be afflicted with or suffering
17    from any mental disability or disease;
18        19. Has committed a violation of paragraph (a) or (b)
19    of Section 6-101 relating to driving without a driver's
20    license;
21        20. Has been convicted of violating Section 6-104
22    relating to classification of driver's license;
23        21. Has been convicted of violating Section 11-402 of
24    this Code relating to leaving the scene of an accident
25    resulting in damage to a vehicle in excess of $1,000, in
26    which case the suspension shall be for one year;

 

 

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1        22. Has used a motor vehicle in violating paragraph
2    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
3    the Criminal Code of 1961 or the Criminal Code of 2012
4    relating to unlawful use of weapons, in which case the
5    suspension shall be for one year;
6        23. Has, as a driver, been convicted of committing a
7    violation of paragraph (a) of Section 11-502 of this Code
8    for a second or subsequent time within one year of a
9    similar violation;
10        24. Has been convicted by a court-martial or punished
11    by non-judicial punishment by military authorities of the
12    United States at a military installation in Illinois or in
13    another state of or for a traffic related offense that is
14    the same as or similar to an offense specified under
15    Section 6-205 or 6-206 of this Code;
16        25. Has permitted any form of identification to be used
17    by another in the application process in order to obtain or
18    attempt to obtain a license, identification card, or
19    permit;
20        26. Has altered or attempted to alter a license or has
21    possessed an altered license, identification card, or
22    permit;
23        27. Has violated Section 6-16 of the Liquor Control Act
24    of 1934;
25        28. Has been convicted for a first time of the illegal
26    possession, while operating or in actual physical control,

 

 

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1    as a driver, of a motor vehicle, of any controlled
2    substance prohibited under the Illinois Controlled
3    Substances Act, any cannabis prohibited under the Cannabis
4    Control Act, or any methamphetamine prohibited under the
5    Methamphetamine Control and Community Protection Act, in
6    which case the person's driving privileges shall be
7    suspended for one year. Any defendant found guilty of this
8    offense while operating a motor vehicle, shall have an
9    entry made in the court record by the presiding judge that
10    this offense did occur while the defendant was operating a
11    motor vehicle and order the clerk of the court to report
12    the violation to the Secretary of State;
13        29. Has been convicted of the following offenses that
14    were committed while the person was operating or in actual
15    physical control, as a driver, of a motor vehicle: criminal
16    sexual assault, predatory criminal sexual assault of a
17    child, aggravated criminal sexual assault, criminal sexual
18    abuse, aggravated criminal sexual abuse, juvenile pimping,
19    soliciting for a juvenile prostitute, promoting juvenile
20    prostitution as described in subdivision (a)(1), (a)(2),
21    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
22    or the Criminal Code of 2012, and the manufacture, sale or
23    delivery of controlled substances or instruments used for
24    illegal drug use or abuse in which case the driver's
25    driving privileges shall be suspended for one year;
26        30. Has been convicted a second or subsequent time for

 

 

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1    any combination of the offenses named in paragraph 29 of
2    this subsection, in which case the person's driving
3    privileges shall be suspended for 5 years;
4        31. Has refused to submit to a test as required by
5    Section 11-501.6 of this Code or Section 5-16c of the Boat
6    Registration and Safety Act or has submitted to a test
7    resulting in an alcohol concentration of 0.08 or more or
8    any amount of a drug, substance, or compound resulting from
9    the unlawful use or consumption of cannabis as listed in
10    the Cannabis Control Act, a controlled substance as listed
11    in the Illinois Controlled Substances Act, an intoxicating
12    compound as listed in the Use of Intoxicating Compounds
13    Act, or methamphetamine as listed in the Methamphetamine
14    Control and Community Protection Act, in which case the
15    penalty shall be as prescribed in Section 6-208.1;
16        32. Has been convicted of Section 24-1.2 of the
17    Criminal Code of 1961 or the Criminal Code of 2012 relating
18    to the aggravated discharge of a firearm if the offender
19    was located in a motor vehicle at the time the firearm was
20    discharged, in which case the suspension shall be for 3
21    years;
22        33. Has as a driver, who was less than 21 years of age
23    on the date of the offense, been convicted a first time of
24    a violation of paragraph (a) of Section 11-502 of this Code
25    or a similar provision of a local ordinance;
26        34. Has committed a violation of Section 11-1301.5 of

 

 

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1    this Code or a similar provision of a local ordinance;
2        35. Has committed a violation of Section 11-1301.6 of
3    this Code or a similar provision of a local ordinance;
4        36. Is under the age of 21 years at the time of arrest
5    and has been convicted of not less than 2 offenses against
6    traffic regulations governing the movement of vehicles
7    committed within any 24 month period. No revocation or
8    suspension shall be entered more than 6 months after the
9    date of last conviction;
10        37. Has committed a violation of subsection (c) of
11    Section 11-907 of this Code that resulted in damage to the
12    property of another or the death or injury of another;
13        38. Has been convicted of a violation of Section 6-20
14    of the Liquor Control Act of 1934 or a similar provision of
15    a local ordinance;
16        39. Has committed a second or subsequent violation of
17    Section 11-1201 of this Code;
18        40. Has committed a violation of subsection (a-1) of
19    Section 11-908 of this Code;
20        41. Has committed a second or subsequent violation of
21    Section 11-605.1 of this Code, a similar provision of a
22    local ordinance, or a similar violation in any other state
23    within 2 years of the date of the previous violation, in
24    which case the suspension shall be for 90 days;
25        42. Has committed a violation of subsection (a-1) of
26    Section 11-1301.3 of this Code or a similar provision of a

 

 

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1    local ordinance;
2        43. Has received a disposition of court supervision for
3    a violation of subsection (a), (d), or (e) of Section 6-20
4    of the Liquor Control Act of 1934 or a similar provision of
5    a local ordinance, in which case the suspension shall be
6    for a period of 3 months;
7        44. Is under the age of 21 years at the time of arrest
8    and has been convicted of an offense against traffic
9    regulations governing the movement of vehicles after
10    having previously had his or her driving privileges
11    suspended or revoked pursuant to subparagraph 36 of this
12    Section;
13        45. Has, in connection with or during the course of a
14    formal hearing conducted under Section 2-118 of this Code:
15    (i) committed perjury; (ii) submitted fraudulent or
16    falsified documents; (iii) submitted documents that have
17    been materially altered; or (iv) submitted, as his or her
18    own, documents that were in fact prepared or composed for
19    another person;
20        46. Has committed a violation of subsection (j) of
21    Section 3-413 of this Code;
22        47. Has committed a violation of Section 11-502.1 of
23    this Code; or
24        48. Has submitted a falsified or altered medical
25    examiner's certificate to the Secretary of State or
26    provided false information to obtain a medical examiner's

 

 

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1    certificate.
2        49. Has been convicted of a violation of Section
3    11-1002 or 11-1002.5 that resulted in a Type A injury to
4    another, in which case the person's driving privileges
5    shall be suspended for 12 months.
6    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
7and 27 of this subsection, license means any driver's license,
8any traffic ticket issued when the person's driver's license is
9deposited in lieu of bail, a suspension notice issued by the
10Secretary of State, a duplicate or corrected driver's license,
11a probationary driver's license or a temporary driver's
12license.
13    (b) If any conviction forming the basis of a suspension or
14revocation authorized under this Section is appealed, the
15Secretary of State may rescind or withhold the entry of the
16order of suspension or revocation, as the case may be, provided
17that a certified copy of a stay order of a court is filed with
18the Secretary of State. If the conviction is affirmed on
19appeal, the date of the conviction shall relate back to the
20time the original judgment of conviction was entered and the 6
21month limitation prescribed shall not apply.
22    (c) 1. Upon suspending or revoking the driver's license or
23permit of any person as authorized in this Section, the
24Secretary of State shall immediately notify the person in
25writing of the revocation or suspension. The notice to be
26deposited in the United States mail, postage prepaid, to the

 

 

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1last known address of the person.
2    2. If the Secretary of State suspends the driver's license
3of a person under subsection 2 of paragraph (a) of this
4Section, a person's privilege to operate a vehicle as an
5occupation shall not be suspended, provided an affidavit is
6properly completed, the appropriate fee received, and a permit
7issued prior to the effective date of the suspension, unless 5
8offenses were committed, at least 2 of which occurred while
9operating a commercial vehicle in connection with the driver's
10regular occupation. All other driving privileges shall be
11suspended by the Secretary of State. Any driver prior to
12operating a vehicle for occupational purposes only must submit
13the affidavit on forms to be provided by the Secretary of State
14setting forth the facts of the person's occupation. The
15affidavit shall also state the number of offenses committed
16while operating a vehicle in connection with the driver's
17regular occupation. The affidavit shall be accompanied by the
18driver's license. Upon receipt of a properly completed
19affidavit, the Secretary of State shall issue the driver a
20permit to operate a vehicle in connection with the driver's
21regular occupation only. Unless the permit is issued by the
22Secretary of State prior to the date of suspension, the
23privilege to drive any motor vehicle shall be suspended as set
24forth in the notice that was mailed under this Section. If an
25affidavit is received subsequent to the effective date of this
26suspension, a permit may be issued for the remainder of the

 

 

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1suspension period.
2    The provisions of this subparagraph shall not apply to any
3driver required to possess a CDL for the purpose of operating a
4commercial motor vehicle.
5    Any person who falsely states any fact in the affidavit
6required herein shall be guilty of perjury under Section 6-302
7and upon conviction thereof shall have all driving privileges
8revoked without further rights.
9    3. At the conclusion of a hearing under Section 2-118 of
10this Code, the Secretary of State shall either rescind or
11continue an order of revocation or shall substitute an order of
12suspension; or, good cause appearing therefor, rescind,
13continue, change, or extend the order of suspension. If the
14Secretary of State does not rescind the order, the Secretary
15may upon application, to relieve undue hardship (as defined by
16the rules of the Secretary of State), issue a restricted
17driving permit granting the privilege of driving a motor
18vehicle between the petitioner's residence and petitioner's
19place of employment or within the scope of the petitioner's
20employment related duties, or to allow the petitioner to
21transport himself or herself, or a family member of the
22petitioner's household to a medical facility, to receive
23necessary medical care, to allow the petitioner to transport
24himself or herself to and from alcohol or drug remedial or
25rehabilitative activity recommended by a licensed service
26provider, or to allow the petitioner to transport himself or

 

 

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1herself or a family member of the petitioner's household to
2classes, as a student, at an accredited educational
3institution, or to allow the petitioner to transport children,
4elderly persons, or persons with disabilities who do not hold
5driving privileges and are living in the petitioner's household
6to and from daycare. The petitioner must demonstrate that no
7alternative means of transportation is reasonably available
8and that the petitioner will not endanger the public safety or
9welfare.
10        (A) If a person's license or permit is revoked or
11    suspended due to 2 or more convictions of violating Section
12    11-501 of this Code or a similar provision of a local
13    ordinance or a similar out-of-state offense, or Section 9-3
14    of the Criminal Code of 1961 or the Criminal Code of 2012,
15    where the use of alcohol or other drugs is recited as an
16    element of the offense, or a similar out-of-state offense,
17    or a combination of these offenses, arising out of separate
18    occurrences, that person, if issued a restricted driving
19    permit, may not operate a vehicle unless it has been
20    equipped with an ignition interlock device as defined in
21    Section 1-129.1.
22        (B) If a person's license or permit is revoked or
23    suspended 2 or more times due to any combination of:
24            (i) a single conviction of violating Section
25        11-501 of this Code or a similar provision of a local
26        ordinance or a similar out-of-state offense or Section

 

 

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1        9-3 of the Criminal Code of 1961 or the Criminal Code
2        of 2012, where the use of alcohol or other drugs is
3        recited as an element of the offense, or a similar
4        out-of-state offense; or
5            (ii) a statutory summary suspension or revocation
6        under Section 11-501.1; or
7            (iii) a suspension under Section 6-203.1;
8    arising out of separate occurrences; that person, if issued
9    a restricted driving permit, may not operate a vehicle
10    unless it has been equipped with an ignition interlock
11    device as defined in Section 1-129.1.
12        (B-5) If a person's license or permit is revoked or
13    suspended due to a conviction for a violation of
14    subparagraph (C) or (F) of paragraph (1) of subsection (d)
15    of Section 11-501 of this Code, or a similar provision of a
16    local ordinance or similar out-of-state offense, that
17    person, if issued a restricted driving permit, may not
18    operate a vehicle unless it has been equipped with an
19    ignition interlock device as defined in Section 1-129.1.
20        (C) The person issued a permit conditioned upon the use
21    of an ignition interlock device must pay to the Secretary
22    of State DUI Administration Fund an amount not to exceed
23    $30 per month. The Secretary shall establish by rule the
24    amount and the procedures, terms, and conditions relating
25    to these fees.
26        (D) If the restricted driving permit is issued for

 

 

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1    employment purposes, then the prohibition against
2    operating a motor vehicle that is not equipped with an
3    ignition interlock device does not apply to the operation
4    of an occupational vehicle owned or leased by that person's
5    employer when used solely for employment purposes. For any
6    person who, within a 5-year period, is convicted of a
7    second or subsequent offense under Section 11-501 of this
8    Code, or a similar provision of a local ordinance or
9    similar out-of-state offense, this employment exemption
10    does not apply until either a one-year period has elapsed
11    during which that person had his or her driving privileges
12    revoked or a one-year period has elapsed during which that
13    person had a restricted driving permit which required the
14    use of an ignition interlock device on every motor vehicle
15    owned or operated by that person.
16        (E) In each case the Secretary may issue a restricted
17    driving permit for a period deemed appropriate, except that
18    all permits shall expire no later than 2 years from the
19    date of issuance. A restricted driving permit issued under
20    this Section shall be subject to cancellation, revocation,
21    and suspension by the Secretary of State in like manner and
22    for like cause as a driver's license issued under this Code
23    may be cancelled, revoked, or suspended; except that a
24    conviction upon one or more offenses against laws or
25    ordinances regulating the movement of traffic shall be
26    deemed sufficient cause for the revocation, suspension, or

 

 

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1    cancellation of a restricted driving permit. The Secretary
2    of State may, as a condition to the issuance of a
3    restricted driving permit, require the applicant to
4    participate in a designated driver remedial or
5    rehabilitative program. The Secretary of State is
6    authorized to cancel a restricted driving permit if the
7    permit holder does not successfully complete the program.
8        (F) A person subject to the provisions of paragraph 4
9    of subsection (b) of Section 6-208 of this Code may make
10    application for a restricted driving permit at a hearing
11    conducted under Section 2-118 of this Code after the
12    expiration of 5 years from the effective date of the most
13    recent revocation or after 5 years from the date of release
14    from a period of imprisonment resulting from a conviction
15    of the most recent offense, whichever is later, provided
16    the person, in addition to all other requirements of the
17    Secretary, shows by clear and convincing evidence:
18            (i) a minimum of 3 years of uninterrupted
19        abstinence from alcohol and the unlawful use or
20        consumption of cannabis under the Cannabis Control
21        Act, a controlled substance under the Illinois
22        Controlled Substances Act, an intoxicating compound
23        under the Use of Intoxicating Compounds Act, or
24        methamphetamine under the Methamphetamine Control and
25        Community Protection Act; and
26            (ii) the successful completion of any

 

 

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1        rehabilitative treatment and involvement in any
2        ongoing rehabilitative activity that may be
3        recommended by a properly licensed service provider
4        according to an assessment of the person's alcohol or
5        drug use under Section 11-501.01 of this Code.
6        In determining whether an applicant is eligible for a
7    restricted driving permit under this subparagraph (F), the
8    Secretary may consider any relevant evidence, including,
9    but not limited to, testimony, affidavits, records, and the
10    results of regular alcohol or drug tests. Persons subject
11    to the provisions of paragraph 4 of subsection (b) of
12    Section 6-208 of this Code and who have been convicted of
13    more than one violation of paragraph (3), paragraph (4), or
14    paragraph (5) of subsection (a) of Section 11-501 of this
15    Code shall not be eligible to apply for a restricted
16    driving permit under this subparagraph (F).
17        A restricted driving permit issued under this
18    subparagraph (F) shall provide that the holder may only
19    operate motor vehicles equipped with an ignition interlock
20    device as required under paragraph (2) of subsection (c) of
21    Section 6-205 of this Code and subparagraph (A) of
22    paragraph 3 of subsection (c) of this Section. The
23    Secretary may revoke a restricted driving permit or amend
24    the conditions of a restricted driving permit issued under
25    this subparagraph (F) if the holder operates a vehicle that
26    is not equipped with an ignition interlock device, or for

 

 

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1    any other reason authorized under this Code.
2        A restricted driving permit issued under this
3    subparagraph (F) shall be revoked, and the holder barred
4    from applying for or being issued a restricted driving
5    permit in the future, if the holder is convicted of a
6    violation of Section 11-501 of this Code, a similar
7    provision of a local ordinance, or a similar offense in
8    another state.
9    (c-3) In the case of a suspension under paragraph 43 of
10subsection (a), reports received by the Secretary of State
11under this Section shall, except during the actual time the
12suspension is in effect, be privileged information and for use
13only by the courts, police officers, prosecuting authorities,
14the driver licensing administrator of any other state, the
15Secretary of State, or the parent or legal guardian of a driver
16under the age of 18. However, beginning January 1, 2008, if the
17person is a CDL holder, the suspension shall also be made
18available to the driver licensing administrator of any other
19state, the U.S. Department of Transportation, and the affected
20driver or motor carrier or prospective motor carrier upon
21request.
22    (c-4) In the case of a suspension under paragraph 43 of
23subsection (a), the Secretary of State shall notify the person
24by mail that his or her driving privileges and driver's license
25will be suspended one month after the date of the mailing of
26the notice.

 

 

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1    (c-5) The Secretary of State may, as a condition of the
2reissuance of a driver's license or permit to an applicant
3whose driver's license or permit has been suspended before he
4or she reached the age of 21 years pursuant to any of the
5provisions of this Section, require the applicant to
6participate in a driver remedial education course and be
7retested under Section 6-109 of this Code.
8    (d) This Section is subject to the provisions of the
9Drivers License Compact.
10    (e) The Secretary of State shall not issue a restricted
11driving permit to a person under the age of 16 years whose
12driving privileges have been suspended or revoked under any
13provisions of this Code.
14    (f) In accordance with 49 C.F.R. 384, the Secretary of
15State may not issue a restricted driving permit for the
16operation of a commercial motor vehicle to a person holding a
17CDL whose driving privileges have been suspended, revoked,
18cancelled, or disqualified under any provisions of this Code.
19(Source: P.A. 99-143, eff. 7-27-15; 99-290, eff. 1-1-16;
2099-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-607, eff. 7-22-16;
2199-642, eff. 7-28-16; 100-803, eff. 1-1-19.)
 
22    Section 99. Effective date. This Act takes effect July 1,
232020.