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Full Text of SB2715
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SB2715 - 104th General Assembly
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House Amendment 007
House Amendment 008
Open PDF
SB2715 Engrossed
LRB104 15880 BDA 29102 b
1
AN ACT concerning government.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Open Meetings Act is amended by changing
5
Section 2 as follows:
6
(5 ILCS 120/2)
7
(Text of Section before amendment by P.A. 104-457 and
8
104-458
)
9
Sec. 2.
Open meetings.
10
(a) Openness required. All meetings of public bodies shall
11
be open to the public unless excepted in subsection (c) and
12
closed in accordance with Section 2a.
13
(b) Construction of exceptions. The exceptions contained
14
in subsection (c) are in derogation of the requirement that
15
public bodies meet in the open, and therefore, the exceptions
16
are to be strictly construed, extending only to subjects
17
clearly within their scope. The exceptions authorize but do
18
not require the holding of a closed meeting to discuss a
19
subject included within an enumerated exception.
20
(c) Exceptions. A public body may hold closed meetings to
21
consider the following subjects:
22
(1) The appointment, employment, compensation,
23
discipline, performance, or dismissal of specific
SB2715 Engrossed
- 2 -
LRB104 15880 BDA 29102 b
1
employees, specific individuals who serve as independent
2
contractors in a park, recreational, or educational
3
setting, or specific volunteers of the public body or
4
legal counsel for the public body, including hearing
5
testimony on a complaint lodged against an employee, a
6
specific individual who serves as an independent
7
contractor in a park, recreational, or educational
8
setting, or a volunteer of the public body or against
9
legal counsel for the public body to determine its
10
validity. However, a meeting to consider an increase in
11
compensation to a specific employee of a public body that
12
is subject to the Local Government Wage Increase
13
Transparency Act may not be closed and shall be open to the
14
public and posted and held in accordance with this Act.
15
(2) Collective negotiating matters between the public
16
body and its employees or their representatives, or
17
deliberations concerning salary schedules for one or more
18
classes of employees.
19
(3) The selection of a person to fill a public office,
20
as defined in this Act, including a vacancy in a public
21
office, when the public body is given power to appoint
22
under law or ordinance, or the discipline, performance or
23
removal of the occupant of a public office, when the
24
public body is given power to remove the occupant under
25
law or ordinance.
26
(4) Evidence or testimony presented in open hearing,
SB2715 Engrossed
- 3 -
LRB104 15880 BDA 29102 b
1
or in closed hearing where specifically authorized by law,
2
to a quasi-adjudicative body, as defined in this Act,
3
provided that the body prepares and makes available for
4
public inspection a written decision setting forth its
5
determinative reasoning.
6
(4.5) Evidence or testimony presented to a school
7
board regarding denial of admission to school events or
8
property pursuant to Section 24-24 of the School Code,
9
provided that the school board prepares and makes
10
available for public inspection a written decision setting
11
forth its determinative reasoning.
12
(5) The purchase or lease of real property for the use
13
of the public body, including meetings held for the
14
purpose of discussing whether a particular parcel should
15
be acquired.
16
(6) The setting of a price for sale or lease of
17
property owned by the public body.
18
(7) The sale or purchase of securities, investments,
19
or investment contracts. This exception shall not apply to
20
the investment of assets or income of funds deposited into
21
the Illinois Prepaid Tuition Trust Fund.
22
(8) Security procedures, school building safety and
23
security, and the use of personnel and equipment to
24
respond to an actual, a threatened, or a reasonably
25
potential danger to the safety of employees, students,
26
staff, the public, or public property.
SB2715 Engrossed
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LRB104 15880 BDA 29102 b
1
(9) Student disciplinary cases.
2
(10) The placement of individual students in special
3
education programs and other matters relating to
4
individual students.
5
(11) Litigation, when an action against, affecting or
6
on behalf of the particular public body has been filed and
7
is pending before a court or administrative tribunal, or
8
when the public body finds that an action is probable or
9
imminent, in which case the basis for the finding shall be
10
recorded and entered into the minutes of the closed
11
meeting.
12
(12) The establishment of reserves or settlement of
13
claims as provided in the Local Governmental and
14
Governmental Employees Tort Immunity Act, if otherwise the
15
disposition of a claim or potential claim might be
16
prejudiced, or the review or discussion of claims, loss or
17
risk management information, records, data, advice or
18
communications from or with respect to any insurer of the
19
public body or any intergovernmental risk management
20
association or
self-insurance
self insurance
pool of which
21
the public body is a member.
22
(13) Conciliation of complaints of discrimination in
23
the sale or rental of housing, when closed meetings are
24
authorized by the law or ordinance prescribing fair
25
housing practices and creating a commission or
26
administrative agency for their enforcement.
SB2715 Engrossed
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LRB104 15880 BDA 29102 b
1
(14) Informant sources, the hiring or assignment of
2
undercover personnel or equipment, or ongoing, prior or
3
future criminal investigations, when discussed by a public
4
body with criminal investigatory responsibilities.
5
(15) Professional ethics or performance when
6
considered by an advisory body appointed to advise a
7
licensing or regulatory agency on matters germane to the
8
advisory body's field of competence.
9
(16)
Self-evaluation
Self evaluation
, practices and
10
procedures, or professional ethics, when meeting with a
11
representative of a statewide or regional association of
12
which the public body is a member
. As used in this
13
paragraph, "regional association" applies only to a
14
regional association pertaining to municipalities
.
15
(17) The recruitment, credentialing, discipline or
16
formal peer review of physicians or other health care
17
professionals, or for the discussion of matters protected
18
under the federal Patient Safety and Quality Improvement
19
Act of 2005, and the regulations promulgated thereunder,
20
including 42
CFR
C.F.R.
Part 3 (73 FR 70732), or the
21
federal Health Insurance Portability and Accountability
22
Act of 1996, and the regulations promulgated thereunder,
23
including 45
CFR
C.F.R.
Parts 160, 162, and 164, by a
24
hospital, or other institution providing medical care,
25
that is operated by the public body.
26
(18) Deliberations for decisions of the Prisoner
SB2715 Engrossed
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LRB104 15880 BDA 29102 b
1
Review Board.
2
(19) Review or discussion of applications received
3
under the Experimental Organ Transplantation Procedures
4
Act.
5
(20) The classification and discussion of matters
6
classified as confidential or continued confidential by
7
the State Government Suggestion Award Board.
8
(21) Discussion of minutes of meetings lawfully closed
9
under this Act, whether for purposes of approval by the
10
body of the minutes or semi-annual review of the minutes
11
as mandated by Section 2.06.
12
(22) Deliberations for decisions of the State
13
Emergency Medical Services Disciplinary Review Board.
14
(23) The operation by a municipality of a municipal
15
utility or the operation of a municipal power agency or
16
municipal natural gas agency when the discussion involves
17
(i) contracts relating to the purchase, sale, or delivery
18
of electricity or natural gas or (ii) the results or
19
conclusions of load forecast studies.
20
(24) Meetings of a residential health care facility
21
resident sexual assault and death review team or the
22
Executive Council under the Abuse Prevention Review Team
23
Act.
24
(25) Meetings of an independent team of experts under
25
the Developmental Disability and Mental Health Safety Act
26
or
Brian's Law.
SB2715 Engrossed
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LRB104 15880 BDA 29102 b
1
(26) Meetings of a mortality review team appointed
2
under the Department of Juvenile Justice Mortality Review
3
Team Act.
4
(27) (Blank).
5
(28) Correspondence and records (i) that may not be
6
disclosed under Section 11-9 of the Illinois Public Aid
7
Code or (ii) that pertain to appeals under Section 11-8 of
8
the Illinois Public Aid Code.
9
(29) Meetings between internal or external auditors
10
and governmental audit committees, finance committees, and
11
their equivalents, when the discussion involves internal
12
control weaknesses, identification of potential fraud risk
13
areas, known or suspected frauds, and fraud interviews
14
conducted in accordance with generally accepted auditing
15
standards of the United States of America.
16
(30) (Blank).
17
(31) Meetings and deliberations for decisions of the
18
Concealed Carry Licensing Review Board under the Firearm
19
Concealed Carry Act.
20
(32) Meetings between the Regional Transportation
21
Authority Board and its Service Boards when the discussion
22
involves review by the Regional Transportation Authority
23
Board of employment contracts under Section 28d of the
24
Metropolitan Transit Authority Act and Sections 3A.18 and
25
3B.26 of the Regional Transportation Authority Act.
26
(33) Those meetings or portions of meetings of the
SB2715 Engrossed
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LRB104 15880 BDA 29102 b
1
advisory committee and peer review subcommittee created
2
under Section 320 of the Illinois Controlled Substances
3
Act during which specific controlled substance prescriber,
4
dispenser, or patient information is discussed.
5
(34) Meetings of the Tax Increment Financing Reform
6
Task Force under Section 2505-800 of the Department of
7
Revenue Law of the Civil Administrative Code of Illinois.
8
(35) Meetings of the group established to discuss
9
Medicaid capitation rates under Section 5-30.8 of the
10
Illinois Public Aid Code.
11
(36) Those deliberations or portions of deliberations
12
for decisions of the Illinois Gaming Board in which there
13
is discussed any of the following: (i) personal,
14
commercial, financial, or other information obtained from
15
any source that is privileged, proprietary, confidential,
16
or a trade secret; or (ii) information specifically
17
exempted from the disclosure by federal or State law.
18
(37) Deliberations for decisions of the Illinois Law
19
Enforcement Training Standards Board, the Certification
20
Review Panel, and the Illinois State Police Merit Board
21
regarding certification and decertification.
22
(38) Meetings of the Ad Hoc Statewide Domestic
23
Violence Fatality Review Committee of the Illinois
24
Criminal Justice Information Authority Board that occur in
25
closed executive session under subsection (d) of Section
26
35 of the Domestic Violence Fatality Review Act.
SB2715 Engrossed
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LRB104 15880 BDA 29102 b
1
(39) Meetings of the regional review teams under
2
subsection (a) of Section 75 of the Domestic Violence
3
Fatality Review Act.
4
(40) Meetings of the Firearm Owner's Identification
5
Card Review Board under Section 10 of the Firearm Owners
6
Identification Card Act.
7
(d) Definitions. For purposes of this Section:
8
"Employee" means a person employed by a public body whose
9
relationship with the public body constitutes an
10
employer-employee relationship under the usual common law
11
rules, and who is not an independent contractor.
12
"Public office" means a position created by or under the
13
Constitution or laws of this State, the occupant of which is
14
charged with the exercise of some portion of the sovereign
15
power of this State. The term "public office" shall include
16
members of the public body, but it shall not include
17
organizational positions filled by members thereof, whether
18
established by law or by a public body itself, that exist to
19
assist the body in the conduct of its business.
20
"Quasi-adjudicative body" means an administrative body
21
charged by law or ordinance with the responsibility to conduct
22
hearings, receive evidence or testimony and make
23
determinations based thereon, but does not include local
24
electoral boards when such bodies are considering petition
25
challenges.
26
(e) Final action. No final action may be taken at a closed
SB2715 Engrossed
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LRB104 15880 BDA 29102 b
1
meeting. Final action shall be preceded by a public recital of
2
the nature of the matter being considered and other
3
information that will inform the public of the business being
4
conducted.
5
(Source: P.A. 103-311, eff. 7-28-23; 103-626, eff. 1-1-25;
6
104-438, eff. 1-1-26; revised 1-12-26.)
7
(Text of Section after amendment by P.A. 104-457 and
8
104-458
)
9
Sec. 2.
Open meetings.
10
(a) Openness required. All meetings of public bodies shall
11
be open to the public unless excepted in subsection (c) and
12
closed in accordance with Section 2a.
13
(b) Construction of exceptions. The exceptions contained
14
in subsection (c) are in derogation of the requirement that
15
public bodies meet in the open, and therefore, the exceptions
16
are to be strictly construed, extending only to subjects
17
clearly within their scope. The exceptions authorize but do
18
not require the holding of a closed meeting to discuss a
19
subject included within an enumerated exception.
20
(c) Exceptions. A public body may hold closed meetings to
21
consider the following subjects:
22
(1) The appointment, employment, compensation,
23
discipline, performance, or dismissal of specific
24
employees, specific individuals who serve as independent
25
contractors in a park, recreational, or educational
SB2715 Engrossed
- 11 -
LRB104 15880 BDA 29102 b
1
setting, or specific volunteers of the public body or
2
legal counsel for the public body, including hearing
3
testimony on a complaint lodged against an employee, a
4
specific individual who serves as an independent
5
contractor in a park, recreational, or educational
6
setting, or a volunteer of the public body or against
7
legal counsel for the public body to determine its
8
validity. However, a meeting to consider an increase in
9
compensation to a specific employee of a public body that
10
is subject to the Local Government Wage Increase
11
Transparency Act may not be closed and shall be open to the
12
public and posted and held in accordance with this Act.
13
(2) Collective negotiating matters between the public
14
body and its employees or their representatives, or
15
deliberations concerning salary schedules for one or more
16
classes of employees.
17
(3) The selection of a person to fill a public office,
18
as defined in this Act, including a vacancy in a public
19
office, when the public body is given power to appoint
20
under law or ordinance, or the discipline, performance or
21
removal of the occupant of a public office, when the
22
public body is given power to remove the occupant under
23
law or ordinance.
24
(4) Evidence or testimony presented in open hearing,
25
or in closed hearing where specifically authorized by law,
26
to a quasi-adjudicative body, as defined in this Act,
SB2715 Engrossed
- 12 -
LRB104 15880 BDA 29102 b
1
provided that the body prepares and makes available for
2
public inspection a written decision setting forth its
3
determinative reasoning.
4
(4.5) Evidence or testimony presented to a school
5
board regarding denial of admission to school events or
6
property pursuant to Section 24-24 of the School Code,
7
provided that the school board prepares and makes
8
available for public inspection a written decision setting
9
forth its determinative reasoning.
10
(5) The purchase or lease of real property for the use
11
of the public body, including meetings held for the
12
purpose of discussing whether a particular parcel should
13
be acquired.
14
(6) The setting of a price for sale or lease of
15
property owned by the public body.
16
(7) The sale or purchase of securities, investments,
17
or investment contracts. This exception shall not apply to
18
the investment of assets or income of funds deposited into
19
the Illinois Prepaid Tuition Trust Fund.
20
(8) Security procedures, school building safety and
21
security, and the use of personnel and equipment to
22
respond to an actual, a threatened, or a reasonably
23
potential danger to the safety of employees, students,
24
staff, the public, or public property.
25
(9) Student disciplinary cases.
26
(10) The placement of individual students in special
SB2715 Engrossed
- 13 -
LRB104 15880 BDA 29102 b
1
education programs and other matters relating to
2
individual students.
3
(11) Litigation, when an action against, affecting or
4
on behalf of the particular public body has been filed and
5
is pending before a court or administrative tribunal, or
6
when the public body finds that an action is probable or
7
imminent, in which case the basis for the finding shall be
8
recorded and entered into the minutes of the closed
9
meeting.
10
(12) The establishment of reserves or settlement of
11
claims as provided in the Local Governmental and
12
Governmental Employees Tort Immunity Act, if otherwise the
13
disposition of a claim or potential claim might be
14
prejudiced, or the review or discussion of claims, loss or
15
risk management information, records, data, advice or
16
communications from or with respect to any insurer of the
17
public body or any intergovernmental risk management
18
association or self-insurance pool of which the public
19
body is a member.
20
(13) Conciliation of complaints of discrimination in
21
the sale or rental of housing, when closed meetings are
22
authorized by the law or ordinance prescribing fair
23
housing practices and creating a commission or
24
administrative agency for their enforcement.
25
(14) Informant sources, the hiring or assignment of
26
undercover personnel or equipment, or ongoing, prior or
SB2715 Engrossed
- 14 -
LRB104 15880 BDA 29102 b
1
future criminal investigations, when discussed by a public
2
body with criminal investigatory responsibilities.
3
(15) Professional ethics or performance when
4
considered by an advisory body appointed to advise a
5
licensing or regulatory agency on matters germane to the
6
advisory body's field of competence.
7
(16)
Self-evaluation
Self evaluation
, practices and
8
procedures, or professional ethics, when meeting with a
9
representative of a statewide or regional association of
10
which the public body is a member
. As used in this
11
paragraph, "regional association" applies only to a
12
regional association pertaining to municipalities
.
13
(17) The recruitment, credentialing, discipline or
14
formal peer review of physicians or other health care
15
professionals, or for the discussion of matters protected
16
under the federal Patient Safety and Quality Improvement
17
Act of 2005, and the regulations promulgated thereunder,
18
including 42
CFR
C.F.R.
Part 3 (73 FR 70732), or the
19
federal Health Insurance Portability and Accountability
20
Act of 1996, and the regulations promulgated thereunder,
21
including 45
CFR
C.F.R.
Parts 160, 162, and 164, by a
22
hospital, or other institution providing medical care,
23
that is operated by the public body.
24
(18) Deliberations for decisions of the Prisoner
25
Review Board.
26
(19) Review or discussion of applications received
SB2715 Engrossed
- 15 -
LRB104 15880 BDA 29102 b
1
under the Experimental Organ Transplantation Procedures
2
Act.
3
(20) The classification and discussion of matters
4
classified as confidential or continued confidential by
5
the State Government Suggestion Award Board.
6
(21) Discussion of minutes of meetings lawfully closed
7
under this Act, whether for purposes of approval by the
8
body of the minutes or semi-annual review of the minutes
9
as mandated by Section 2.06.
10
(22) Deliberations for decisions of the State
11
Emergency Medical Services Disciplinary Review Board.
12
(23) The operation by a municipality of a municipal
13
utility or the operation of a municipal power agency or
14
municipal natural gas agency when the discussion involves:
15
(i) trade secrets or commercial or financial information
16
obtained from a person or business where the trade secrets
17
or commercial or financial information are furnished under
18
a claim that they are proprietary, privileged, or
19
confidential, and that disclosure of the trade secrets or
20
commercial or financial information would cause
21
competitive harm to the person or business; or
22
commercially sensitive information contained in offers to
23
buy or sell made in the competitive markets of a regional
24
transmission organization; and only insofar as the
25
discussion relates directly to such trade secrets or
26
information; (ii) physical or cybersecurity of facilities
SB2715 Engrossed
- 16 -
LRB104 15880 BDA 29102 b
1
or materials designated as Critical Energy/Electric
2
Infrastructure Information under federal law or
3
regulation; or (iii) ongoing contract negotiations or
4
results of a request for proposals relating to the
5
purchase, sale, or delivery of electricity or natural gas
6
from nonaffiliate entities; provided however, the
7
municipality, municipal power agency, or municipal natural
8
gas agency shall hold at least one public meeting as to any
9
contract discussed in whole or in part in closed session
10
prior to final action on the contract.
11
(24) Meetings of a residential health care facility
12
resident sexual assault and death review team or the
13
Executive Council under the Abuse Prevention Review Team
14
Act.
15
(25) Meetings of an independent team of experts under
16
the Developmental Disability and Mental Health Safety Act
17
or
Brian's Law.
18
(26) Meetings of a mortality review team appointed
19
under the Department of Juvenile Justice Mortality Review
20
Team Act.
21
(27) (Blank).
22
(28) Correspondence and records (i) that may not be
23
disclosed under Section 11-9 of the Illinois Public Aid
24
Code or (ii) that pertain to appeals under Section 11-8 of
25
the Illinois Public Aid Code.
26
(29) Meetings between internal or external auditors
SB2715 Engrossed
- 17 -
LRB104 15880 BDA 29102 b
1
and governmental audit committees, finance committees, and
2
their equivalents, when the discussion involves internal
3
control weaknesses, identification of potential fraud risk
4
areas, known or suspected frauds, and fraud interviews
5
conducted in accordance with generally accepted auditing
6
standards of the United States of America.
7
(30) (Blank).
8
(31) Meetings and deliberations for decisions of the
9
Concealed Carry Licensing Review Board under the Firearm
10
Concealed Carry Act.
11
(32) Meetings between the Northern Illinois Transit
12
Authority Board and its Service Boards when the discussion
13
involves review by the Northern Illinois Transit Authority
14
Board of employment contracts under Section 28d of the
15
Chicago Transit Authority Act and Sections 3A.18 and 3B.26
16
of the Northern Illinois Transit Authority Act.
17
(33) Those meetings or portions of meetings of the
18
advisory committee and peer review subcommittee created
19
under Section 320 of the Illinois Controlled Substances
20
Act during which specific controlled substance prescriber,
21
dispenser, or patient information is discussed.
22
(34) Meetings of the Tax Increment Financing Reform
23
Task Force under Section 2505-800 of the Department of
24
Revenue Law of the Civil Administrative Code of Illinois.
25
(35) Meetings of the group established to discuss
26
Medicaid capitation rates under Section 5-30.8 of the
SB2715 Engrossed
- 18 -
LRB104 15880 BDA 29102 b
1
Illinois Public Aid Code.
2
(36) Those deliberations or portions of deliberations
3
for decisions of the Illinois Gaming Board in which there
4
is discussed any of the following: (i) personal,
5
commercial, financial, or other information obtained from
6
any source that is privileged, proprietary, confidential,
7
or a trade secret; or (ii) information specifically
8
exempted from the disclosure by federal or State law.
9
(37) Deliberations for decisions of the Illinois Law
10
Enforcement Training Standards Board, the Certification
11
Review Panel, and the Illinois State Police Merit Board
12
regarding certification and decertification.
13
(38) Meetings of the Ad Hoc Statewide Domestic
14
Violence Fatality Review Committee of the Illinois
15
Criminal Justice Information Authority Board that occur in
16
closed executive session under subsection (d) of Section
17
35 of the Domestic Violence Fatality Review Act.
18
(39) Meetings of the regional review teams under
19
subsection (a) of Section 75 of the Domestic Violence
20
Fatality Review Act.
21
(40) Meetings of the Firearm Owner's Identification
22
Card Review Board under Section 10 of the Firearm Owners
23
Identification Card Act.
24
(d) Definitions. For purposes of this Section:
25
"Employee" means a person employed by a public body whose
26
relationship with the public body constitutes an
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1
employer-employee relationship under the usual common law
2
rules, and who is not an independent contractor.
3
"Public office" means a position created by or under the
4
Constitution or laws of this State, the occupant of which is
5
charged with the exercise of some portion of the sovereign
6
power of this State. The term "public office" shall include
7
members of the public body, but it shall not include
8
organizational positions filled by members thereof, whether
9
established by law or by a public body itself, that exist to
10
assist the body in the conduct of its business.
11
"Quasi-adjudicative body" means an administrative body
12
charged by law or ordinance with the responsibility to conduct
13
hearings, receive evidence or testimony and make
14
determinations based thereon, but does not include local
15
electoral boards when such bodies are considering petition
16
challenges.
17
(e) Final action. No final action may be taken at a closed
18
meeting. Final action shall be preceded by a public recital of
19
the nature of the matter being considered and other
20
information that will inform the public of the business being
21
conducted.
22
(Source: P.A. 103-311, eff. 7-28-23; 103-626, eff. 1-1-25;
23
104-438, eff. 1-1-26; 104-457, Article 10, Section 10-5, eff.
24
6-1-26; 104-457, Article 15, Section 15-5, eff. 6-1-26;
25
104-458, eff. 6-1-26; revised 1-12-26.)
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1
Section 95.
No acceleration or delay.
Where this Act makes
2
changes in a statute that is represented in this Act by text
3
that is not yet or no longer in effect (for example, a Section
4
represented by multiple versions), the use of that text does
5
not accelerate or delay the taking effect of (i) the changes
6
made by this Act or (ii) provisions derived from any other
7
Public Act.
8
Section 99.
Effective date.
This Act takes effect upon
9
becoming law.
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