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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY LEVDANSKY, MOUL, JOSEPHS, R. TAYLOR, FREEMAN, VITALI, ROAE, MANDERINO, DePASQUALE, McILVAINE SMITH, READSHAW, GOODMAN, MURT, HORNAMAN, WAGNER, MUNDY, M. SMITH, CARROLL, PASHINSKI, GRUCELA, GIBBONS, MIRABITO, WHITE, McGEEHAN AND DeWEESE, JULY 6, 2009 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, JULY 6, 2009 |
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| AN ACT |
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1 | Amending the act of June 3, 1937 (P.L.1333, No.320), entitled |
2 | "An act concerning elections, including general, municipal, |
3 | special and primary elections, the nomination of candidates, |
4 | primary and election expenses and election contests; creating |
5 | and defining membership of county boards of elections; |
6 | imposing duties upon the Secretary of the Commonwealth, |
7 | courts, county boards of elections, county commissioners; |
8 | imposing penalties for violation of the act, and codifying, |
9 | revising and consolidating the laws relating thereto; and |
10 | repealing certain acts and parts of acts relating to |
11 | elections," further defining "expenditure" and "political |
12 | action committee"; adding definitions of "affiliate" or |
13 | "affiliated committee" and "in-kind contributions"; providing |
14 | for contribution limitations and independent expenditures; |
15 | further providing for reporting by candidate and political |
16 | committees and other persons, for pre-election reports by |
17 | certain candidates, for late filing fees, for contributions |
18 | or expenditures by national banks, corporations or |
19 | unincorporated associations and for reports by business |
20 | entities and for publication by Secretary of the |
21 | Commonwealth. |
22 | The General Assembly finds and declares as follows: |
23 | The Commonwealth has a compelling governmental interest to |
24 | protect the integrity of the government from actual corruption |
25 | or the perception of corruption. The General Assembly recognizes |
26 | that when people, associations or entities provide monetary |
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1 | support for elected government officials or candidates who are |
2 | seeking governmental offices, there arises the perception of, if |
3 | not actual, corruption. The perception of corruption and actual |
4 | corruption can be prevented by regulating the contributions that |
5 | can be made to elected governmental officials and candidates who |
6 | are seeking governmental offices. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 1621(d) and (l) of the act of June 3, |
10 | 1937 (P.L.1333, No.320), known as the Pennsylvania Election |
11 | Code, amended or added October 4, 1978 (P.L.893, No.171) and |
12 | July 21, 1979 (P.L.189, No.63), are amended and the section is |
13 | amended by adding subsections to read: |
14 | Section 1621. Definitions.--As used in this article, the |
15 | following words have the following meanings: |
16 | * * * |
17 | (d) The word "expenditure" shall mean: |
18 | (1) The payment, distribution, loan or advancement of money |
19 | or any valuable thing by a candidate, political committee or |
20 | other person for the purpose of influencing the outcome of an |
21 | election; Provided, however, That such payment, distribution, |
22 | loan or advancement of money or any valuable thing must be made |
23 | only for legitimate and verifiable expenses directly and |
24 | exclusively incurred for the campaign in which the candidate is |
25 | running in the contemporaneous election cycle and not for any |
26 | inherently personal purpose. "Inherently personal purpose" means |
27 | a purpose that, by its nature, confers a personal benefit, |
28 | including expenditures such as a home mortgage, rent, utility |
29 | payment, clothing purchase, noncampaign automobile expense, |
30 | country club membership, vacation or a trip of a noncampaign |
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1 | nature, household food items, tuition payments, admission to a |
2 | sporting event, concert, theater or other form of entertainment |
3 | and other such expenditures not specifically and directly |
4 | necessary for the conduct of the campaign. |
5 | (2) The payment, distribution, loan, advance or transfer of |
6 | money or other valuable thing between or among political |
7 | committees; |
8 | (3) The providing of a service or other valuable thing for |
9 | the purpose of influencing the outcome of a nomination or |
10 | election of any person to any public office to be voted for in |
11 | this Commonwealth; or |
12 | (4) The payment or providing of money or other valuable |
13 | thing by any person other than a candidate or political |
14 | committee, to compensate any person for services rendered to a |
15 | candidate or political committee. |
16 | (5) The term "expenditure" shall not include campaign |
17 | expenditures made by a candidate for which the candidate is |
18 | reimbursed by his or her political committee within the |
19 | reporting period the expenditure was made. Such expenditure made |
20 | by the candidate is subject, however, to the requirements of |
21 | section 1626(c). |
22 | * * * |
23 | (l) The words "Political Action Committee" shall mean any |
24 | political committee as defined in subsection (h) which receives |
25 | contributions and makes expenditures to, or on behalf of, any |
26 | candidate other than a candidate's own authorized political |
27 | committees or the political committees of any State, county, |
28 | city, borough, township, ward or other regularly constituted |
29 | party committee of any political party or political body. A |
30 | political action committee which is established, maintained or |
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1 | controlled by a sponsoring organization such as a corporation, |
2 | labor organization, membership association, not-for-profit |
3 | organization or trade or professional association shall include |
4 | in its registered name the full name of its sponsoring |
5 | organization. |
6 | * * * |
7 | (n) The words "affiliate" or "affiliated committee" shall |
8 | include: |
9 | (1) Any committee established or authorized by a candidate |
10 | as part of his or her campaign for the same election for office. |
11 | (2) Any committee established, financed, maintained or |
12 | controlled by the same corporation, labor organization, |
13 | membership association, not-for-profit organization or trade or |
14 | professional association, person or group of persons, including |
15 | any parent, subsidiary, branch, division, department or local |
16 | unit thereof. Local units may include, in appropriate cases, a |
17 | franchisee, licensee or regional association. |
18 | (o) The words "in-kind contribution" shall mean a |
19 | contribution of goods, services, property or any valuable thing |
20 | offered free or at less than the usual and normal charge for |
21 | such goods or services, but shall not include any legal or |
22 | accounting services rendered to or on behalf of any political |
23 | committee of a political party, an authorized committee of a |
24 | candidate or any other political committee, if such services are |
25 | solely for the purpose of ensuring compliance with this article. |
26 | Such legal or accounting services, however, shall be reported |
27 | pursuant to section 1631. |
28 | Section 2. Section 1626(a), (b) and (d) of the act, amended |
29 | or added October 4, 1978 (P.L.893, No.171) and July 11, 1980 |
30 | (P.L.600, No.128) are amended to read: |
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1 | Section 1626. Reporting by Candidate and Political |
2 | Committees and other Persons.-- |
3 | (a) Each treasurer of a political committee and each |
4 | candidate for election to public office shall file with the |
5 | appropriate supervisor reports of receipts and expenditures on |
6 | forms, designed by the Secretary of the Commonwealth, if the |
7 | amount received or expended or liabilities incurred shall exceed |
8 | the sum of two hundred fifty dollars ($250). Should such an |
9 | amount not exceed two hundred fifty dollars ($250), then the |
10 | candidate or, in the case of a political committee, the |
11 | treasurer of the committee shall file a sworn statement to that |
12 | effect with the appropriate supervisor rather than the report |
13 | required by this section[.]: Provided, however, That if the |
14 | amount received or expended by a candidate does not exceed two |
15 | hundred fifty dollars ($250) he or she may comply with this |
16 | section by signing an affidavit to that effect on his/her |
17 | political committee's report or statement. |
18 | (b) Each report shall include the following information: |
19 | (1) The full name, mailing address, specific occupation and |
20 | specific name of the employer, if any, or the principal place of |
21 | business, if self-employed, of each person who has made one or |
22 | more contributions to or for such committee or candidate within |
23 | the reporting period in an aggregate amount or value in excess |
24 | of [two hundred fifty dollars ($250)] one hundred dollars |
25 | ($100), together with the amount and date of such contributions. |
26 | The accuracy of the information furnished to the candidate or |
27 | committee shall be the responsibility of the contributor. |
28 | (2) The full name and mailing address of each person [who] |
29 | and political committee that has made one or more contributions |
30 | to or for such committee or candidate within the reporting |
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1 | period in an aggregate amount or value in excess of fifty |
2 | dollars ($50), together with the amount and date of such |
3 | contributions. The accuracy of the information furnished by the |
4 | contributor shall be the responsibility of the contributor. |
5 | (3) The total sum of individual contributions made to or for |
6 | such committee or candidate during the reporting period and not |
7 | reported under clauses (1) and (2): Provided, however, That when |
8 | individual contributions under fifty dollars ($50) made to one |
9 | single fundraising event in which the total sum raised was two |
10 | thousand five hundred dollars ($2,500) or more the report must |
11 | list the names and addresses of all contributors to that event. |
12 | (4) Each and every expenditure, the date made, the full name |
13 | and address of the person to whom made and the purpose for which |
14 | such expenditure was made. In the event the creditor is a credit |
15 | card company or like instrumentality that is an intermediary for |
16 | collecting payments due, it shall not be sufficient to list the |
17 | name of the collecting organization. Rather, the report shall |
18 | identify the credit card company and also the specific entities |
19 | and payments being paid through the credit card company or like |
20 | entity. In the event the payment is being made by a committee to |
21 | a creditor for expenses on behalf of more than one candidate, |
22 | the amounts of payments and purposes of the payments shall be |
23 | broken down to identify each candidate's share of the incurred |
24 | expenses. |
25 | (5) Any unpaid debts and liabilities, with the nature and |
26 | amount of each, the date incurred and the full name and address |
27 | of the person owed. |
28 | (6) The account shall include any unexpended balance of |
29 | contributions or other receipts appearing from the last account |
30 | filed. |
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1 | * * * |
2 | (d) Pre-election reports by candidates for offices to be |
3 | voted for by the electors of the State at large, candidates for |
4 | the office of Senator in the General Assembly, candidates for |
5 | the office of Representative in the General Assembly and all |
6 | political committees, which have expended money for the purpose |
7 | of influencing the election of such [candidate] candidates, |
8 | shall be filed not later than the sixth Tuesday before and the |
9 | second Friday before an election, provided that the initial pre- |
10 | election report shall be complete as of fifty (50) days prior to |
11 | the election and the subsequent pre-election report shall be |
12 | complete as of fifteen (15) days prior to the election. Pre- |
13 | election reports by all other candidates and political |
14 | committees which have received contributions or made |
15 | expenditures for the purpose of influencing an election shall be |
16 | filed not later than the second Friday before an election, |
17 | provided that such report be complete as of fifteen (15) days |
18 | prior to the election. |
19 | (d.1) During non-election years in which subsection (d) is |
20 | not operative, an elected official or announced candidate for |
21 | elective office shall file quarterly reports if he or she |
22 | receives more than two hundred fifty dollars ($250) during the |
23 | respective calendar quarter. Reports shall be due at the end of |
24 | each calendar quarter. |
25 | * * * |
26 | Section 3. The act is amended by adding a section to read: |
27 | Section 1627.1. Limitations on Certain Contributions.-- |
28 | (a) Aggregate contributions, including in-kind |
29 | contributions, from any person to any candidate for the office |
30 | of Senator or Representative in the General Assembly, court of |
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1 | common pleas or a county or local office, his authorized |
2 | committee or agent shall not exceed five hundred dollars ($500) |
3 | for each election. Furthermore, for each election, no such |
4 | candidate, his authorized committee or agent shall accept or |
5 | receive more than five hundred dollars ($500) in aggregate |
6 | contributions, including in-kind contributions from any person. |
7 | (b) Aggregate contributions, including in-kind |
8 | contributions, from any person to any candidate for Statewide |
9 | office, his authorized committee or agent shall not exceed two |
10 | thousand four hundred dollars ($2,400) for each election. |
11 | Furthermore, for each election, no candidate, his authorized |
12 | committee or agent shall accept or receive more than two |
13 | thousand dollars ($2,000) in aggregate contributions, including |
14 | in-kind contributions from any person. |
15 | (c) Aggregate contributions, including in-kind |
16 | contributions, from a single political action committee, its |
17 | affiliate or agent or candidate's political committee, its |
18 | affiliate or agent to any candidate for Statewide office, the |
19 | office of Senator or Representative in the General Assembly, |
20 | court of common pleas or a county or local office, his |
21 | authorized committee or agent shall not exceed: |
22 | (1) one thousand dollars ($1,000) from a political action |
23 | committee having ten or fewer donors; |
24 | (2) two thousand dollars ($2,000) from a political action |
25 | committee having at least eleven but not more than fifty donors; |
26 | (3) three thousand dollars ($3,000) from a political action |
27 | committee having at least fifty-one but not more than one |
28 | hundred donors; |
29 | (4) four thousand dollars ($4,000) from a political action |
30 | committee having at least one hundred one but not more than one |
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1 | thousand donors; |
2 | (5) five thousand dollars ($5,000) from a political action |
3 | committee having more than one thousand donors. Furthermore, for |
4 | each election, no candidate for such office, his authorized |
5 | committee or agent shall accept or receive more than the |
6 | applicable amount or amounts as specified in this subsection in |
7 | aggregate contributions, including in-kind contributions, from a |
8 | single political action committee or agent or candidate's |
9 | political committee; and |
10 | (6) for the purposes of subsection (c), a donor is a single |
11 | person or single committee regardless of the number of |
12 | contributions made by that person or committee during the |
13 | election cycle. |
14 | (d) Aggregate contributions, including in-kind |
15 | contributions, from all political party committees, affiliates |
16 | or agents to any candidate for the office of Senator or |
17 | Representative in the General Assembly, court of common pleas or |
18 | a county or local office, his authorized committee or agent, |
19 | shall not exceed one hundred thousand dollars ($100,000) per |
20 | election. |
21 | (e) Aggregate contributions, including in-kind |
22 | contributions, from all political party committees, affiliates |
23 | or agents to any candidate for Statewide office, his authorized |
24 | committee or agent, or any political action committee, its |
25 | affiliate or agent or political party committee, its affiliate |
26 | or agent, or any other political committee, its affiliate or |
27 | agent, shall not exceed two hundred fifty thousand dollars |
28 | ($250,000) per election. |
29 | (f) Aggregate contributions, including in-kind |
30 | contributions, from any individual person or a single political |
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1 | action committee, its affiliate or agent or any single |
2 | candidate's political committee, its affiliate or agent to a |
3 | single political action committee, its affiliate or agent shall |
4 | not exceed five thousand dollars ($5,000) during any calendar |
5 | year. Furthermore, for each election, no political action |
6 | committee, its affiliate or agent shall accept or receive more |
7 | than five thousand dollars ($5,000) in aggregate contributions, |
8 | including in-kind contributions, from any individual person or a |
9 | single political action committee, its affiliate or agent during |
10 | any calendar year. |
11 | (g) Aggregate contributions from any person, a single |
12 | candidate's political committee, its affiliate or agent or a |
13 | single political action committee, its affiliate or agent or any |
14 | other political committee to a single political party committee |
15 | shall not exceed ten thousand dollars ($10,000) in a calendar |
16 | year. Furthermore, no single political party committee shall |
17 | accept or receive more than ten thousand dollars ($10,000) in |
18 | aggregate contributions from any single candidate's political |
19 | committee or agent or a single political action committee, its |
20 | affiliate or agent or any political committee. |
21 | (h) No person shall make contributions to candidates, |
22 | political committees and party committees that have a combined |
23 | aggregate value that exceeds twenty-five thousand dollars |
24 | ($25,000) in any calendar year. |
25 | (i) A gift, subscription, loan, advance or deposit of money |
26 | or anything of value to a candidate shall be considered a |
27 | contribution both by the original source of the contribution and |
28 | by any intermediary or conduit if the intermediary or conduit: |
29 | (1) exercises any direction over the making of the |
30 | contribution; or |
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1 | (2) solicits the contribution or arranges for the |
2 | contribution made and directly or indirectly makes the candidate |
3 | aware of such intermediary or conduit's role in soliciting or |
4 | arranging the contribution for the candidate. |
5 | (j) For purposes of subsection (i), a contribution shall not |
6 | be considered to be a contribution by an intermediary or conduit |
7 | to the candidate if: |
8 | (1) the intermediary or conduit has been retained by the |
9 | candidate's committee for the purpose of fundraising and is |
10 | reimbursed for expenses incurred in soliciting contributions; |
11 | (2) in the case of an individual, the candidate has |
12 | expressly authorized the intermediary or conduit to engage in |
13 | fundraising, or the individual occupies a position within the |
14 | candidate's campaign organization and is authorized by the |
15 | organization to engage in fundraising; or |
16 | (3) in the case of a political committee, the intermediary |
17 | or conduit is the authorized committee of the candidate. |
18 | (k) (1) Neither candidates nor their committees shall |
19 | accept a campaign contribution from an out-of-State political |
20 | action committee. |
21 | (2) Neither candidates nor their committees shall accept a |
22 | campaign contribution from an individual whose home state has |
23 | less restrictive disclosure laws than this Commonwealth. The |
24 | Secretary of the Commonwealth shall list and certify those |
25 | states that have less restrictive disclosure laws than this |
26 | Commonwealth. The list shall be compiled and updated annually, |
27 | and published in the Pennsylvania Bulletin no later than January |
28 | 1 of each year, beginning in 2010. |
29 | (l) The provisions of this section are applicable to any |
30 | contribution made for the purpose of influencing any election to |
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1 | all public offices except Federal offices. |
2 | (m) For purposes of this section, any contribution made to a |
3 | candidate in a year other than the calendar year in which the |
4 | election is held with respect to which such contribution is |
5 | made, is considered to be made during the calendar year in which |
6 | such election is held. |
7 | Section 4. Section 1632(a) of the act, amended or added |
8 | October 4, 1978 (P.L.893, No.171) and July 11, 1980 (P.L.591, |
9 | No.127) is amended to read: |
10 | Section 1632. Late Filing Fee; Certificate of Filing.-- |
11 | (a) A late filing fee for each report or statement of |
12 | expenditures and contributions which is not filed within the |
13 | prescribed period shall be imposed as follows. Such fee shall be |
14 | [ten dollars ($10)] twenty dollars ($20) for each day or part of |
15 | a day excluding Saturdays, Sundays and holidays that a report is |
16 | overdue. [An additional fee of ten dollars ($10) is due for each |
17 | of the first six (6) days that a report is overdue. The maximum |
18 | fee payable with respect to a single report [is two hundred |
19 | fifty dollars ($250).] A supervisor shall receive an overdue |
20 | report or statement even if any late filing fee due has not been |
21 | paid but the report or statement shall not be considered filed |
22 | until all fees have been paid upon the receipt by the supervisor |
23 | of an overdue report. No further late filing fees shall be |
24 | incurred once the report or statement is filed notwithstanding |
25 | the fact that the report or statement is not considered filed. |
26 | The late filing fee is the personal liability of the candidate |
27 | or treasurer of a political committee and cannot be paid from |
28 | contributions to the candidate or committee, nor may such fee be |
29 | considered an expenditure. A report or statement of expenditures |
30 | and contributions shall be deemed to have been filed within the |
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1 | prescribed time if the letter transmitting the report or |
2 | statement which is received by the supervisor is transmitted by |
3 | first class mail and is postmarked by the United States Postal |
4 | Service on the day prior to the final day on which the report or |
5 | statement is to be received: Provided, That this sentence shall |
6 | not be applicable to the reporting requirements contained in |
7 | section 1628. |
8 | * * * |
9 | Section 5. Section 1633(a) of the act, amended November 26, |
10 | 1978 (P.L.1313, No.318), is amended to read: |
11 | Section 1633. Contributions or Expenditures by National |
12 | Banks, Corporations or Unincorporated Associations.-- |
13 | (a) It is unlawful for any National or State bank, |
14 | partnership or any corporation, incorporated under the laws of |
15 | this or any other state or any foreign country or any |
16 | unincorporated association, except those corporations formed |
17 | primarily for political purposes or as a political committee, to |
18 | make a contribution or expenditure in connection with the |
19 | election of any candidate or for any political purpose whatever |
20 | except in connection with any question to be voted on by the |
21 | electors of this Commonwealth. Furthermore, it shall be unlawful |
22 | for any candidate, political committee, or other person to |
23 | knowingly accept or receive any contribution prohibited by this |
24 | section, or for any officer or any director of any corporation, |
25 | bank, or any unincorporated association to consent to any |
26 | contribution or expenditure by the corporation, bank or |
27 | unincorporated association, as the case may be, prohibited by |
28 | this section. |
29 | * * * |
30 | Section 6. Section 1641(a) of the act, amended July 12, 1980 |
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1 | (P.L.649, No.134) is amended and the section is amended by |
2 | adding a subsection to read: |
3 | Section 1641. Reports by Business Entities; Publication by |
4 | Secretary of the Commonwealth.--(a) Any business entity |
5 | including but not limited to a corporation, company, |
6 | association, partnership or sole proprietorship, which has been |
7 | awarded [non-bid] contracts or contracts over fifty thousand |
8 | dollars ($50,000) from the Commonwealth or its political |
9 | subdivisions during the preceding calendar year, or any business |
10 | entity or person applying for or receiving a permit to operate a |
11 | landfill from the Department of Environmental Protection shall |
12 | report by February 15 of each year to the Secretary of the |
13 | Commonwealth a list including the amount of the contract, |
14 | description of the service provided and location and an itemized |
15 | list of all political contributions known to the business entity |
16 | by virtue of the knowledge possessed by every officer, director, |
17 | associate, partner, limited partner or individual owner that has |
18 | been made by: |
19 | (1) any officer, director, associate, partner, limited |
20 | partner, individual owner or members of their immediate family |
21 | when the contributions exceed an aggregate of one thousand |
22 | dollars ($1,000) by any individual during the preceding year; or |
23 | (2) any employe or members of his immediate family whose |
24 | political [contribution] contributions exceeded one thousand |
25 | dollars ($1,000) during the preceding year. |
26 | For the purposes of this subsection, "immediate family" means a |
27 | person's spouse and any unemancipated child. |
28 | * * * |
29 | (c) The Department of General Services shall provide a list |
30 | of all corporations, companies, associations, partnerships or |
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1 | sole proprietorships receiving contracts and contracts in excess |
2 | of fifty thousand dollars ($50,000) from the Commonwealth and |
3 | the Department of Environmental Protection shall provide a list |
4 | of any person or business entity applying for or receiving a |
5 | landfill permit to the State board of elections not later than |
6 | January 31 of each year for the preceding calendar year. |
7 | Section 7. The dollar figures contained in section 1627.1 of |
8 | the act shall be adjusted annually at a rate equal to the amount |
9 | contained in 11 CFR § 110. The calculation and resulting new |
10 | figures shall be published for the dollar figures contained in |
11 | 11 CFR § 110 in March in the Pennsylvania Bulletin. |
12 | Section 8. The provisions of this act are severable. If any |
13 | provision of this act or its application to any person or |
14 | circumstance is held invalid, the invalidity shall not affect |
15 | other provisions or applications of this act which can be given |
16 | effect without the invalid provision or application. |
17 | Section 9. This act shall take effect in 120 days. |
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