| 
 |  | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4338   Introduced , by Rep. Kathleen Willis  SYNOPSIS AS INTRODUCED:
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 |   230 ILCS 15/1 |  from Ch. 85, par. 2301 |    230 ILCS 15/4 |  from Ch. 85, par. 2304 |   
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 Amends the Raffles and Poker Runs Act. Provides that no raffle, including, but not limited to, a raffle conducted by a law enforcement agency, statewide association the represents law enforcement officials, or government entity, may have an assault weapon as a prize. Defines terms.
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| 1 |  |  AN ACT concerning gaming.
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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 5. The Raffles and Poker Runs Act is amended by  | 
| 5 |  | changing Sections 1 and 4 as follows:
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| 6 |  |  (230 ILCS 15/1) (from Ch. 85, par. 2301)
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| 7 |  |  Sec. 1. Definitions. For the purposes of this Act the terms  | 
| 8 |  | defined
in this Section have the meanings given them.
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| 9 |  |  "Antique firearm" means: | 
| 10 |  |   (1) a firearm, including a firearm with a matchlock,  | 
| 11 |  |  flintlock, percussion cap, or similar type of ignition  | 
| 12 |  |  system, manufactured in or before 1898; or | 
| 13 |  |   (2) a replica of a firearm described in paragraph (1)  | 
| 14 |  |  of this definition if such replica is not designed or  | 
| 15 |  |  redesigned for using rimfire or conventional centerfire  | 
| 16 |  |  fixed ammunition, or uses rimfire or conventional  | 
| 17 |  |  centerfire fixed ammunition which is no longer  | 
| 18 |  |  manufactured in the United States and which is not readily  | 
| 19 |  |  available in the ordinary channels of commercial trade.  | 
| 20 |  |  "Assault weapon" means: | 
| 21 |  |   (1) a semi-automatic rifle that has the capacity to  | 
| 22 |  |  accept a large-capacity magazine, detachable or otherwise,  | 
| 23 |  |  and one or more of the following: | 
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| 1 |  |    (A) only a pistol grip without a stock attached; | 
| 2 |  |    (B) a feature capable of functioning as a  | 
| 3 |  |  protruding grip that can be held by the non-trigger  | 
| 4 |  |  hand; | 
| 5 |  |    (C) a folding, telescoping, or thumbhole stock; | 
| 6 |  |    (D) a shroud attached to the barrel, or that  | 
| 7 |  |  partially or completely encircles the barrel, allowing  | 
| 8 |  |  the bearer to hold the firearm with the non-trigger  | 
| 9 |  |  hand without being burned, but excluding a slide that  | 
| 10 |  |  encloses the barrel; or | 
| 11 |  |    (E) a muzzle brake or muzzle compensator;  | 
| 12 |  |   (2) a semi-automatic pistol or a semi-automatic rifle  | 
| 13 |  |  that has a fixed magazine, that has the capacity to accept  | 
| 14 |  |  more than 10 rounds of ammunition; | 
| 15 |  |   (3) a semi-automatic pistol that has the capacity to  | 
| 16 |  |  accept a detachable magazine and has one or more of the  | 
| 17 |  |  following:  | 
| 18 |  |    (A) a feature capable of functioning as a  | 
| 19 |  |  protruding grip that can be held by the non-trigger  | 
| 20 |  |  hand; | 
| 21 |  |    (B) a folding, telescoping, or thumbhole stock; | 
| 22 |  |    (C) a shroud attached to the barrel, or that  | 
| 23 |  |  partially or completely encircles the barrel, allowing  | 
| 24 |  |  the bearer to hold the firearm with the non-trigger  | 
| 25 |  |  hand without being burned, but excluding a slide that  | 
| 26 |  |  encloses the barrel; | 
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| 1 |  |    (D) a muzzle brake or muzzle compensator; or | 
| 2 |  |    (E) the capacity to accept a detachable magazine at  | 
| 3 |  |  some location outside of the pistol grip;  | 
| 4 |  |   (4) a semi-automatic shotgun that has one or more of  | 
| 5 |  |  the following: | 
| 6 |  |    (A) only a pistol grip without a stock attached; | 
| 7 |  |    (B) a feature capable of functioning as a  | 
| 8 |  |  protruding grip that can be held by the non-trigger  | 
| 9 |  |  hand; | 
| 10 |  |    (C) a folding, telescoping, or thumbhole stock; | 
| 11 |  |    (D) a fixed magazine capacity in excess of 5  | 
| 12 |  |  rounds; | 
| 13 |  |    (E) an ability to accept a detachable magazine; or | 
| 14 |  |    (F) a grenade, flare, or rocket launcher;  | 
| 15 |  |   (5) a shotgun with a revolving cylinder; | 
| 16 |  |   (6) a conversion kit, part, or combination of parts,  | 
| 17 |  |  from which an assault weapon can be assembled if those  | 
| 18 |  |  parts are in the possession or under the control of the  | 
| 19 |  |  same person; or | 
| 20 |  |   (7) the assault weapon models identified as follows:  | 
| 21 |  |    (A) the following rifles or copies or duplicates  | 
| 22 |  |  thereof:  | 
| 23 |  |     (i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90,  | 
| 24 |  |  Misr, NHM 90, NHM 91, SA 85, SA 93, VEPR, Rock  | 
| 25 |  |  River Arms LAR-47, Vector Arms AK-47, VEPR,  | 
| 26 |  |  WASR-10, WUM, MAADI, Norinco 56S, 56S2, 84S, and  | 
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| 1 |  |  86S; | 
| 2 |  |     (ii) AR-10; | 
| 3 |  |     (iii) AR-15, Bushmaster XM15, Bushmaster  | 
| 4 |  |  Carbon 15, Bushmaster ACR, Bushmaster MOE series,  | 
| 5 |  |  Armalite M15, Armalite M15-T, and Olympic Arms  | 
| 6 |  |  PCR; | 
| 7 |  |     (iv) AR70; | 
| 8 |  |     (v) Calico Liberty; | 
| 9 |  |     (vi) Dragunov SVD Sniper Rifle or Dragunov  | 
| 10 |  |  SVU; | 
| 11 |  |     (vii) Fabrique National FN/FAL, FN/LAR, or  | 
| 12 |  |  FNC; | 
| 13 |  |     (viii) Hi-Point Carbine; | 
| 14 |  |     (ix) HK-91, HK-93, HK-94, HK-USC, and  | 
| 15 |  |  HK-PSG-1; | 
| 16 |  |     (x) Kel-Tec Sub Rifle, Kel-Tec Sub-2000,  | 
| 17 |  |  SU-16, and RFB; | 
| 18 |  |     (xi) Saiga; | 
| 19 |  |     (xii) SAR-8, SAR-4800; | 
| 20 |  |     (xiii) KS with detachable magazine; | 
| 21 |  |     (xiv) SLG 95; | 
| 22 |  |     (xv) SLR 95 or 96; | 
| 23 |  |     (xvi) Steyr AUG; | 
| 24 |  |     (xvii) Sturm, Ruger Mini-14, and Sturm, Ruger & | 
| 25 |  |   Co. SR556; | 
| 26 |  |     (xviii) Tavor; | 
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| 1 |  |     (xix) all Thompson rifles, including Thompson  | 
| 2 |  |  1927, Thompson M1, Thompson M1SB, Thompson T1100D,  | 
| 3 |  |  Thompson T150D, Thompson T1B, Thompson T1B100D,  | 
| 4 |  |  Thompson T1B50D, Thompson T1BSB, Thompson T1-C,  | 
| 5 |  |  Thompson T1D, Thompson T1SB, Thompson T5, Thompson  | 
| 6 |  |  T5100D, Thompson TM1, Thompson TM1C, and Thompson  | 
| 7 |  |  1927 Commando; | 
| 8 |  |     (xx) Uzi, Galil and Uzi Sporter, Galil  | 
| 9 |  |  Sporter, or Galil Sniper Rifle (Galatz); | 
| 10 |  |     (xxi) Barret REC7, Barrett M82A1, Barrett  | 
| 11 |  |  M107A1; | 
| 12 |  |     (xxii) Colt Match Target Rifles; | 
| 13 |  |     (xxiii) Double Star AR Rifles; | 
| 14 |  |     (xxiv) DPMS Tactical Rifles; | 
| 15 |  |     (xxv) Heckler & Koch MR556; | 
| 16 |  |     (xxvi) Remington R-15 Rifles; | 
| 17 |  |     (xxvii) Rock River Arms LAR-15; | 
| 18 |  |     (xxviii) Sig Sauer SIG516 Rifles, SIG AMT, SIG  | 
| 19 |  |  PE 57, Sig Saucer SG 550, and Sig Saucer SG 551; | 
| 20 |  |     (xxix) Smith & Wesson M&P15; | 
| 21 |  |     (xxx) Stag Arms AR; | 
| 22 |  |     (xxxi) Baretta CX4 Storm; | 
| 23 |  |     (xxxii) CETME Sporter; | 
| 24 |  |     (xxxiii) Daewoo K-1, K-2, Max 1, Max 2, AR 100,  | 
| 25 |  |  and AR 110C; | 
| 26 |  |     (xxxiv) Fabrique Nationale/FN Herstal FAL,  | 
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| 1 |  |  LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR,  | 
| 2 |  |  and FS2000; | 
| 3 |  |     (xxxv) Feather Industries AT-9; | 
| 4 |  |     (xxxvi) Galil Model AR and Model ARM; | 
| 5 |  |     (xxxvii) Springfield Armory SAR-48; | 
| 6 |  |     (xxxviii) Steyr AUG; | 
| 7 |  |     (xxxix) UMAREX UZI Rifle; | 
| 8 |  |     (xl) UZI Mini Carbine, UZI Model A Carbine, and  | 
| 9 |  |  UZI Model B Carbine; | 
| 10 |  |     (xli) Valmet M62S. M71S, and M78; | 
| 11 |  |     (xlii) Vector Arms UZI Type; | 
| 12 |  |     (xliii) Weaver Arms Nighthawk; and | 
| 13 |  |     (xliv) Wilkinson Arms Linda Carbine;  | 
| 14 |  |    (B) the following handguns, pistols, or copies or  | 
| 15 |  |  duplicates thereof:  | 
| 16 |  |     (i) all AK-47 types, including Centurion 39 AK  | 
| 17 |  |  handgun, Draco AK-47 handgun, HCR AK-47 handgun,  | 
| 18 |  |  10 Inc. Hellpup, AK-47 handgun, Krinkov handgun,  | 
| 19 |  |  Mini Draco AK-47 handgun, and Yugo Krebs Krink  | 
| 20 |  |  handgun; | 
| 21 |  |     (ii) all AR-15 types, including American  | 
| 22 |  |  Spirit AR-15 handgun, Bushmaster Carbon 15  | 
| 23 |  |  handgun, DoubleStar Corporation AR handgun, DPMS  | 
| 24 |  |  AR-15 handgun, Olympic Arms AR-15 handgun, and  | 
| 25 |  |  Rock River Arms LAR 15 handgun; | 
| 26 |  |     (iii) Calico Liberty handguns; | 
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| 1 |  |     (iv) DSA SA58 PKP FAL handgun; | 
| 2 |  |     (v) Encom MP-9 and MP-45; | 
| 3 |  |     (vi) Heckler & Koch model SP-89 handgun; | 
| 4 |  |     (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9,  | 
| 5 |  |  and TEC-DC9; | 
| 6 |  |     (viii) Kel-Tec PLR 16 handgun; | 
| 7 |  |     (ix) MAC-IO, MAC-11, Masterpiece Arms MPA A930  | 
| 8 |  |  Mini Pistol, MPA460 Pistol, MPA Tactical Pistol,  | 
| 9 |  |  MPA 3, and MPA Mini Tactical Pistol; | 
| 10 |  |     (x) Military Armament Corp. Ingram M-11 and  | 
| 11 |  |  Velocity Arms VMAC; | 
| 12 |  |     (xi) Sig Sauer P556 handgun; | 
| 13 |  |     (xii) Sites Spectre; | 
| 14 |  |     (xiii) all Thompson types, including the  | 
| 15 |  |  Thompson TA510D and Thompson TA5; | 
| 16 |  |     (xiv) Olympic Arms OA; | 
| 17 |  |     (xv) TEC-9, TEC-DC9, TEC-22 Scorpion, or  | 
| 18 |  |  AB-10; and | 
| 19 |  |     (xvi) all UZI types, including Micro-UZI;  | 
| 20 |  |    (C) the following shotguns or copies or duplicates  | 
| 21 |  |  thereof: | 
| 22 |  |     (i) Armscor 30 BG; | 
| 23 |  |     (ii) SPAS 12 or LAW 12; | 
| 24 |  |     (iii) Striker 12; | 
| 25 |  |     (iv) Streetsweeper; and | 
| 26 |  |     (v) all IZHMASH Saiga 12 types, including the  | 
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| 1 |  |  IZHMASH Saiga 12, IZHMASH Saiga 12S, IZHMASH Saiga  | 
| 2 |  |  12S EXP-01, IZHMASH Saiga 12K, IZHMASH Saiga  | 
| 3 |  |  12K-030, and IZHMASH Saiga 12K-040 Taktika; and | 
| 4 |  |    (D) all belt-fed semi-automatic firearms,  | 
| 5 |  |  including TNWM2HB. | 
| 6 |  |  "Assault weapon" does not include a firearm that has been  | 
| 7 |  | made permanently inoperable, an antique firearm, or a weapon  | 
| 8 |  | designed for Olympic target shooting events. | 
| 9 |  |  "Belt-fed semi-automatic firearm" means a repeating  | 
| 10 |  | firearm that: (i) utilizes a portion of the energy of a firing  | 
| 11 |  | cartridge to extract the fired cartridge case and chamber the  | 
| 12 |  | next round; (ii) requires a separate pull of the trigger to  | 
| 13 |  | fire each cartridge; and (iii) has the capacity to accept a  | 
| 14 |  | belt ammunition feeding device.  | 
| 15 |  |  "Detachable magazine" means an ammunition feeding device,  | 
| 16 |  | the function of which is to deliver one or more ammunition  | 
| 17 |  | cartridges into the firing chamber, which can be removed from  | 
| 18 |  | the firearm without the use of any tool, including a bullet or  | 
| 19 |  | ammunition cartridge. | 
| 20 |  |  "Grenade, flare, or rocket launcher" means an attachment  | 
| 21 |  | for use on a firearm that is designed to propel a grenade,  | 
| 22 |  | flare, rocket, or other similar destructive device. | 
| 23 |  |  "Net proceeds" means the gross receipts from the conduct of  | 
| 24 |  | raffles, less
reasonable sums expended for prizes, local  | 
| 25 |  | license fees and other reasonable
operating expenses incurred  | 
| 26 |  | as a result of operating a raffle or poker run.
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| 1 |  |  "Key location" means the location where the poker run  | 
| 2 |  | concludes and the prize or prizes are awarded.  | 
| 3 |  |  "Large-capacity magazine" means an ammunition feeding  | 
| 4 |  | device with the capacity to accept more than 10 rounds, but  | 
| 5 |  | shall not be construed to include the following: | 
| 6 |  |   (1) A feeding device that has been permanently altered  | 
| 7 |  |  so that it cannot accommodate more than 10 rounds. | 
| 8 |  |   (2) A 22-caliber tube ammunition feeding device. | 
| 9 |  |   (3) A tubular magazine that is contained in a  | 
| 10 |  |  lever-action firearm. | 
| 11 |  |  "Muzzle brake" means a device attached to the muzzle of a  | 
| 12 |  | weapon that utilizes escaping gas to reduce recoil. | 
| 13 |  |  "Muzzle compensator" means a device attached to the muzzle  | 
| 14 |  | of a weapon that utilizes escaping gas to control muzzle  | 
| 15 |  | movement. | 
| 16 |  |  "Net proceeds" means the gross receipts from the conduct of  | 
| 17 |  | raffles, less
reasonable sums expended for prizes, local  | 
| 18 |  | license fees and other reasonable
operating expenses incurred  | 
| 19 |  | as a result of operating a raffle or poker run.  | 
| 20 |  |  "Poker run" means a prize-awarding event organized by an  | 
| 21 |  | organization licensed under this Act in which participants  | 
| 22 |  | travel to multiple predetermined locations, including a key  | 
| 23 |  | location, to play a randomized game based on an element of  | 
| 24 |  | chance. "Poker run" includes dice runs, marble runs, or other  | 
| 25 |  | events where the objective is to build the best hand or highest  | 
| 26 |  | score by obtaining an item or playing a randomized game at each  | 
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| 1 |  | location.  | 
| 2 |  |  "Raffle" means a form of lottery, as defined in Section  | 
| 3 |  | 28-2(b) of the
Criminal Code of 2012, conducted by an  | 
| 4 |  | organization licensed under this Act, in which:
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| 5 |  |   (1) the player pays or agrees to pay something of value  | 
| 6 |  |  for a chance,
represented and differentiated by a number or  | 
| 7 |  |  by a combination of numbers
or by some other medium, one or  | 
| 8 |  |  more of which chances is to be designated
the winning  | 
| 9 |  |  chance;
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| 10 |  |   (2) the winning chance is to be determined through a  | 
| 11 |  |  drawing or by some
other method based on an element of  | 
| 12 |  |  chance by an act or set of acts on the
part of persons  | 
| 13 |  |  conducting or connected with the lottery, except that the
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| 14 |  |  winning chance shall not be determined by the outcome of a  | 
| 15 |  |  publicly exhibited
sporting contest.
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| 16 |  |  "Raffle" does not include a savings promotion raffle  | 
| 17 |  | authorized under Section 5g of the Illinois Banking Act,  | 
| 18 |  | Section 7008 of the Savings Bank Act, Section 42.7 of the  | 
| 19 |  | Illinois Credit Union Act, Section 5136B of the National Bank  | 
| 20 |  | Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act  | 
| 21 |  | (12 U.S.C. 1463). | 
| 22 |  |  "Rocket" means a simple or complex tube-like device  | 
| 23 |  | containing combustibles that on being ignited liberate gases  | 
| 24 |  | whose action propels the device through the air and has a  | 
| 25 |  | propellant charge of not more than 4 ounces. | 
| 26 |  | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16;  | 
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| 1 |  | 99-405, eff. 8-19-15; 99-642, eff. 7-28-16.)
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| 2 |  |  (230 ILCS 15/4) (from Ch. 85, par. 2304)
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| 3 |  |  Sec. 4. Conduct of raffles and poker runs. 
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| 4 |  |  (a) The conducting of raffles and poker runs is subject to  | 
| 5 |  | the following restrictions:
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| 6 |  |   (1) The entire net proceeds of any raffle or poker run  | 
| 7 |  |  must be exclusively devoted
to the lawful purposes of the  | 
| 8 |  |  organization permitted to conduct that game.
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| 9 |  |   (2) No person except a bona fide member of the  | 
| 10 |  |  sponsoring organization
may participate in the management  | 
| 11 |  |  or operation of the raffle or poker run.
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| 12 |  |   (3) No person may receive any remuneration or profit  | 
| 13 |  |  for participating
in the management or operation of the  | 
| 14 |  |  raffle or poker run.
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| 15 |  |   (4) A licensee may rent a premises on which to  | 
| 16 |  |  determine the winning
chance or chances in a raffle only  | 
| 17 |  |  from an organization which is also licensed
under this Act.  | 
| 18 |  |  A premises where a poker run is held is not required to  | 
| 19 |  |  obtain a license if the name and location of the premises  | 
| 20 |  |  is listed as a predetermined location on the license issued  | 
| 21 |  |  for the poker run and the premises does not charge for use  | 
| 22 |  |  of the premises. 
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| 23 |  |   (5) Raffle chances may be sold or issued only within  | 
| 24 |  |  the area specified
on the license and winning chances may  | 
| 25 |  |  be determined only at those locations
specified on the  | 
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| 1 |  |  license for a raffle.
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| 2 |  |   (6) A person under the age of 18 years may participate  | 
| 3 |  |  in the conducting
of raffles or chances or poker runs only  | 
| 4 |  |  with the permission of a parent or guardian.
A person under  | 
| 5 |  |  the age of 18 years may be within the area where winning  | 
| 6 |  |  chances in a raffle or winning hands or scores in a poker  | 
| 7 |  |  run
are being determined only when accompanied by his  | 
| 8 |  |  parent or guardian.
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| 9 |  |   (7) No raffle, including, but not limited to, a raffle  | 
| 10 |  |  conducted by a law enforcement agency, statewide  | 
| 11 |  |  association that represents law enforcement officials, or  | 
| 12 |  |  government | 
 |  |   entity, may have an assault weapon as a prize.  | 
| 13 |  |  (b) If a lessor rents premises where a winning chance or  | 
| 14 |  | chances on a
raffle or a winning hand or score in a poker run is  | 
| 15 |  | determined, the lessor shall not be criminally liable if the
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| 16 |  | person who uses the premises for the determining of winning  | 
| 17 |  | chances does not
hold a license issued by the governing body of  | 
| 18 |  | any county or municipality
under the provisions of this Act.
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| 19 |  | (Source: P.A. 98-644, eff. 6-10-14.)
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