Bill Text: IL HB5151 | 2011-2012 | 97th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Premises Liability Act. Provides that an owner or operator of a firearm range placed in operation after January 1, 1994 is immune from criminal liability and is not subject to any action for public or private nuisance or trespass arising out of or as a consequence of noise or sound emissions resulting from the normal use of the firearm range if: all areas from which a firearm may be properly discharged are at least 500 (rather than 1,000) yards from any occupied permanent dwelling on adjacent property; or the firearm range met those requirements at the time the range began its operation and subsequently an occupied permanent dwelling on adjacent property was built within 500 (rather than 1,000) yards from an area of the range from which a firearm may be properly discharged. Effective immediately.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2013-01-18 - Public Act . . . . . . . . . 97-1145 [HB5151 Detail]
Download: Illinois-2011-HB5151-Enrolled.html
Bill Title: Amends the Premises Liability Act. Provides that an owner or operator of a firearm range placed in operation after January 1, 1994 is immune from criminal liability and is not subject to any action for public or private nuisance or trespass arising out of or as a consequence of noise or sound emissions resulting from the normal use of the firearm range if: all areas from which a firearm may be properly discharged are at least 500 (rather than 1,000) yards from any occupied permanent dwelling on adjacent property; or the firearm range met those requirements at the time the range began its operation and subsequently an occupied permanent dwelling on adjacent property was built within 500 (rather than 1,000) yards from an area of the range from which a firearm may be properly discharged. Effective immediately.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2013-01-18 - Public Act . . . . . . . . . 97-1145 [HB5151 Detail]
Download: Illinois-2011-HB5151-Enrolled.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Purpose. | ||||||
5 | (a) In
Best v. Taylor Machine Works , 179 Ill.2d 367 (1997), | ||||||
6 | the Illinois Supreme
Court held
that Public Act 89-7 was void | ||||||
7 | in its entirety.
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8 | In Lebron v. Gottlieb Memorial Hospital , 237 Ill.2d 217 | ||||||
9 | (2010), the Illinois Supreme Court held that Public Act 94-677 | ||||||
10 | was void in its entirety. | ||||||
11 | (b) The purpose of this Act
is to re-enact
and repeal
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12 | statutory provisions so the text of those provisions conforms | ||||||
13 | to the decisions
of the Illinois
Supreme Court in Best v. | ||||||
14 | Taylor Machine Works and Lebron v. Gottlieb Memorial Hospital .
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15 | (c) Except as explained in subsection (h) of this Section | ||||||
16 | 1, this Act is not intended to supersede any Public Act of
the | ||||||
17 | 97th General
Assembly that
amends the text of a statutory | ||||||
18 | provision that appears in this Act.
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19 | (d) If Public Act 89-7 or Public Act 94-677 amended the | ||||||
20 | text of a
Section included in this Act, the text of
the Section | ||||||
21 | is shown in this Act with the changes made by those Public Acts | ||||||
22 | omitted, as existing text
(without striking and underscoring), | ||||||
23 | with the exception of changes of a substantive nature.
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24 | (e) Provisions that were purportedly added to the statutes |
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1 | by Public Act 89-7
and Public Act 94-677 are
repealed in this | ||||||
2 | Act to conform to the decisions of the
Illinois Supreme Court.
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3 | (f) If Public Act 89-7 or Public Act 94-677 purportedly | ||||||
4 | amended the text of a
Section of
the statutes and that Section | ||||||
5 | of the statutes was later repealed by another Public Act, the | ||||||
6 | text of
that
Section is not shown in this Act. | ||||||
7 | (g) This Act is intended to re-enact and repeal only those | ||||||
8 | statutory provisions affected by Public Act 89-7 or Public Act | ||||||
9 | 94-677 which concern civil procedure for medical malpractice | ||||||
10 | cases. | ||||||
11 | (h) This Act also makes substantive changes to the Code of | ||||||
12 | Civil Procedure unrelated to Public Act 89-7 or Public Act | ||||||
13 | 94-677, specifically by amending Sections 2-622 and 2-1114 and | ||||||
14 | by adding Section 2-1306.
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15 | Section 5. Section 2-622 of the Code of Civil Procedure is | ||||||
16 | re-enacted and amended and Sections 8-1901 and 8-2501 of the | ||||||
17 | Code of Civil Procedure are re-enacted as follows:
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18 | (735 ILCS 5/2-622) (from Ch. 110, par. 2-622)
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19 | Sec. 2-622. Healing art malpractice.
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20 | (a) In any action, whether in
tort, contract or otherwise, | ||||||
21 | in which the plaintiff seeks damages for
injuries or death by | ||||||
22 | reason of medical, hospital, or other healing art
malpractice, | ||||||
23 | the plaintiff's attorney or the plaintiff, if the plaintiff is
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24 | proceeding pro se, shall file an affidavit, attached to the |
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1 | original and
all copies of the complaint, declaring one of the | ||||||
2 | following:
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3 | 1. That the affiant has consulted and reviewed the | ||||||
4 | facts of the case
with a health professional who the | ||||||
5 | affiant reasonably believes: (i) is
knowledgeable in the | ||||||
6 | relevant issues involved in the particular action;
(ii) | ||||||
7 | practices or has practiced within the last
6 years or | ||||||
8 | teaches or
has taught within the last
6 years in the same | ||||||
9 | area of health care or
medicine that is at issue in the | ||||||
10 | particular action; and (iii)
is qualified
by experience or | ||||||
11 | demonstrated competence in the subject of the case; that
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12 | the reviewing health professional has determined in a
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13 | written report, after a review of the medical record and | ||||||
14 | other relevant
material involved in the particular action | ||||||
15 | that there is a reasonable and
meritorious cause for the | ||||||
16 | filing of such action; and that the affiant has
concluded | ||||||
17 | on the basis of the reviewing health professional's review | ||||||
18 | and
consultation that there is a reasonable and meritorious | ||||||
19 | cause for filing of
such action.
If the affidavit is filed | ||||||
20 | as to a defendant who is a physician
licensed to treat | ||||||
21 | human ailments without the use of drugs or medicines and
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22 | without operative surgery, a dentist, a podiatrist, a | ||||||
23 | psychologist, or a
naprapath,
the written report must be | ||||||
24 | from a health professional
licensed in the same profession, | ||||||
25 | with the same class of license, as the
defendant. For
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26 | affidavits filed as to all other defendants, the written
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1 | report must be from a physician licensed to practice | ||||||
2 | medicine in all its
branches. In either event, the
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3 | affidavit must identify the profession of
the reviewing | ||||||
4 | health professional. A copy of the written report, clearly
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5 | identifying the plaintiff and the reasons for the reviewing | ||||||
6 | health
professional's determination that a reasonable and | ||||||
7 | meritorious cause for
the filing of the action exists, must | ||||||
8 | be attached to the affidavit, but
information which would | ||||||
9 | identify the reviewing health professional may be
deleted | ||||||
10 | from the copy so attached.
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11 | 2.
That the affiant was unable to obtain a consultation | ||||||
12 | required by
paragraph 1 because a statute of limitations | ||||||
13 | would impair the action and
the consultation required could | ||||||
14 | not be obtained before the expiration of
the statute of | ||||||
15 | limitations. If an affidavit is executed pursuant to this
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16 | paragraph, the
certificate and written report required by | ||||||
17 | paragraph 1 shall
be filed within 90 days after the filing | ||||||
18 | of the complaint. The defendant
shall be excused from | ||||||
19 | answering or otherwise pleading until 30 days after
being | ||||||
20 | served with
a certificate
required by paragraph 1.
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21 | 3.
That a request has been made by the plaintiff or his | ||||||
22 | attorney for
examination and copying of records pursuant to | ||||||
23 | Part 20 of Article VIII of
this Code and the party required | ||||||
24 | to comply under those Sections has failed
to produce such | ||||||
25 | records within 60 days of the receipt of the request. If an
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26 | affidavit is executed pursuant to this paragraph, the
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1 | certificate and
written report required by paragraph 1 | ||||||
2 | shall be filed within 90 days
following receipt of the | ||||||
3 | requested records. All defendants except those
whose | ||||||
4 | failure to comply with Part 20 of Article VIII of this Code | ||||||
5 | is the
basis for an affidavit under this paragraph shall be | ||||||
6 | excused from answering
or otherwise pleading until 30 days | ||||||
7 | after being served with the
certificate
required by | ||||||
8 | paragraph 1.
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9 | (b)
Where
a certificate and written report are required | ||||||
10 | pursuant to this
Section a separate
certificate and written | ||||||
11 | report shall be filed as to each
defendant who has been named | ||||||
12 | in the complaint and shall be filed as to each
defendant named | ||||||
13 | at a later time.
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14 | (c)
Where the plaintiff intends to rely on the doctrine of | ||||||
15 | "res ipsa
loquitur", as defined by Section 2-1113 of this Code, | ||||||
16 | the
certificate and
written report must state that, in the | ||||||
17 | opinion of the reviewing health
professional, negligence has | ||||||
18 | occurred in the course of medical treatment.
The affiant shall | ||||||
19 | certify upon filing of the complaint that he is relying
on the | ||||||
20 | doctrine of "res ipsa loquitur".
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21 | (d)
When the attorney intends to rely on the doctrine of | ||||||
22 | failure to
inform of the consequences of the procedure, the | ||||||
23 | attorney shall certify
upon the filing of the complaint that | ||||||
24 | the reviewing health professional
has, after reviewing the | ||||||
25 | medical record and other relevant materials involved
in the | ||||||
26 | particular action, concluded that a reasonable health |
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1 | professional
would have informed the patient of the | ||||||
2 | consequences of the procedure.
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3 | (e)
Allegations and denials in the affidavit, made without | ||||||
4 | reasonable
cause and found to be untrue, shall subject the | ||||||
5 | party pleading them or his
attorney, or both, to the payment of | ||||||
6 | reasonable expenses, actually incurred
by the other party by | ||||||
7 | reason of the untrue pleading, together with
reasonable | ||||||
8 | attorneys' fees to be summarily taxed by the court upon motion
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9 | made within 30 days of the judgment or dismissal. In no event | ||||||
10 | shall the
award for attorneys' fees and expenses exceed those | ||||||
11 | actually paid by the
moving party, including the insurer, if | ||||||
12 | any. In proceedings under this
paragraph (e), the moving party | ||||||
13 | shall have the right to depose and examine
any and all | ||||||
14 | reviewing health professionals who prepared reports used in
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15 | conjunction with an affidavit required by this Section. | ||||||
16 | (f)
A reviewing health professional who in good faith | ||||||
17 | prepares a report
used in conjunction with an affidavit | ||||||
18 | required by this Section shall have
civil immunity from | ||||||
19 | liability which otherwise might result from the
preparation of | ||||||
20 | such report.
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21 | (g)
The failure
to file a certificate required by
this | ||||||
22 | Section shall be
grounds for dismissal
under Section 2-619.
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23 | (h) (Blank) This Section does not apply to or affect any | ||||||
24 | actions pending
at the time of its effective date, but applies | ||||||
25 | to cases filed on or
after its effective date .
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26 | (i) (Blank) This amendatory Act of 1997 does not apply to |
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1 | or affect any actions
pending at the time of its effective | ||||||
2 | date, but applies to cases filed on or
after its effective | ||||||
3 | date .
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4 | (Source: P.A. 86-646; 90-579, eff. 5-1-98.)
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5 | (735 ILCS 5/8-1901) (from Ch. 110, par. 8-1901)
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6 | Sec. 8-1901. Admission of liability - Effect. The providing | ||||||
7 | of, or payment
for, medical, surgical,
hospital, or | ||||||
8 | rehabilitation services, facilities, or equipment by or on
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9 | behalf of any person, or the offer to provide, or pay for, any | ||||||
10 | one or
more of the foregoing, shall not be construed as an | ||||||
11 | admission of any
liability by such person or persons. | ||||||
12 | Testimony, writings, records,
reports or information with | ||||||
13 | respect to the foregoing shall not be
admissible in evidence as | ||||||
14 | an admission of any liability in any action of
any kind in any | ||||||
15 | court or before any commission, administrative agency,
or other | ||||||
16 | tribunal in this State, except at the instance of the person or
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17 | persons so making any such provision, payment or offer.
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18 | (Source: P.A. 82-280.)
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19 | (735 ILCS 5/8-2501) (from Ch. 110, par. 8-2501)
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20 | Sec. 8-2501. Expert Witness Standards. In any case in which | ||||||
21 | the standard of
care
given by a medical
profession is at issue, | ||||||
22 | the court shall apply the
following standards to determine if a | ||||||
23 | witness qualifies as an expert witness
and can testify on the | ||||||
24 | issue of the appropriate standard of care.
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1 | (a)
Relationship of the medical specialties of the witness | ||||||
2 | to the medical
problem or problems
and the type of treatment | ||||||
3 | administered in the case;
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4 | (b) Whether the witness has devoted
a
substantial portion | ||||||
5 | of his or her
time to the practice of medicine, teaching or | ||||||
6 | University based research
in relation to the medical care and | ||||||
7 | type of treatment at issue which gave
rise to the medical | ||||||
8 | problem of which the plaintiff complains;
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9 | (c)
whether the witness is licensed
in the same profession | ||||||
10 | as the defendant; and
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11 | (d) whether, in the case against a nonspecialist, the | ||||||
12 | witness can
demonstrate a sufficient familiarity with the | ||||||
13 | standard of care practiced in
this State.
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14 | (Source: P.A. 84-7.)
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15 | Section 10. The Code of Civil Procedure is amended by | ||||||
16 | changing Section 2-1114 and by adding Section 2-1306 as | ||||||
17 | follows:
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18 | (735 ILCS 5/2-1114) (from Ch. 110, par. 2-1114)
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19 | Sec. 2-1114. Contingent fees for attorneys in medical | ||||||
20 | malpractice
actions. | ||||||
21 | (a) In all medical malpractice actions the total contingent | ||||||
22 | fee
for plaintiff's attorney or attorneys shall not exceed 33 | ||||||
23 | 1/3% of all sums recovered. the following amounts:
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24 | 33 1/3% of the first $150,000 of the sum recovered;
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1 | 25% of the next $850,000 of the sum recovered; and
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2 | 20% of any amount recovered over $1,000,000 of the sum | ||||||
3 | recovered.
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4 | (b) For purposes of determining any lump sum contingent | ||||||
5 | fee, any future
damages recoverable by the plaintiff in | ||||||
6 | periodic installments shall be
reduced to a lump sum value.
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7 | (c) (Blank) The court may review contingent fee agreements
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8 | for fairness. In special circumstances, where an
attorney | ||||||
9 | performs extraordinary services involving more than usual
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10 | participation in time and effort the attorney may apply to the | ||||||
11 | court for
approval of additional compensation .
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12 | (d) As used in this Section, "contingent fee basis"
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13 | includes any fee arrangement under which the compensation is to | ||||||
14 | be
determined in whole or in part on the result obtained.
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15 | (Source: P.A. 84-7.)
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16 | (735 ILCS 5/2-1306 new) | ||||||
17 | Sec. 2-1306. Supersedeas bonds. | ||||||
18 | (a) In civil litigation under any legal theory involving a | ||||||
19 | signatory, a successor to a signatory, or a parent or an | ||||||
20 | affiliate of a signatory to the Master Settlement Agreement | ||||||
21 | described in Section 6z-43 of the State Finance Act, execution | ||||||
22 | of the judgment shall be stayed during the entire course of | ||||||
23 | appellate review upon the posting of a supersedeas bond or | ||||||
24 | other form of security in accordance with applicable laws or | ||||||
25 | court rules, except that the total amount of the supersedeas |
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1 | bond or other form of security that is required of all | ||||||
2 | appellants collectively shall not exceed $250,000,000, | ||||||
3 | regardless of the amount of the judgment, provided that this | ||||||
4 | limitation shall apply only if appellants file at least 30% of | ||||||
5 | the total amount in the form of cash, a letter of credit, a | ||||||
6 | certificate of deposit, or other cash equivalent with the | ||||||
7 | court. The cash or cash equivalent shall be deposited by the | ||||||
8 | clerk of the court in the account of the court, and any | ||||||
9 | interest earned shall be utilized as provided by law. | ||||||
10 | (b) Notwithstanding subsection (a) of this Section, if an | ||||||
11 | appellee proves by a preponderance of the evidence that an | ||||||
12 | appellant is dissipating assets outside the ordinary course of | ||||||
13 | business to avoid payment of a judgment, a court may require | ||||||
14 | the appellant to post a supersedeas bond in an amount up to the | ||||||
15 | total amount of the judgment. | ||||||
16 | (c) This Section applies to pending actions as well as | ||||||
17 | actions commenced on or after its effective date, and to | ||||||
18 | judgments entered or reinstated on or after its effective date.
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19 | (735 ILCS 5/2-624 rep.) | ||||||
20 | (735 ILCS 5/2-1704.5 rep.) | ||||||
21 | (735 ILCS 5/2-1706.5 rep.) | ||||||
22 | Section 15. The Code of Civil Procedure is amended by | ||||||
23 | repealing Sections 2-624, 2-1704.5, and 2-1706.5.
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24 | Section 95. Applicability. The changes made by this |
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1 | amendatory Act of the 97th General Assembly apply to actions | ||||||
2 | commenced or pending on or after
the effective date of this | ||||||
3 | amendatory Act of the
97th General Assembly.
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4 | Section 97. Severability. The provisions of this Act are | ||||||
5 | severable under Section 1.31 of the Statute on Statutes.
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
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