PRIOR PRINTER'S NOS. 541, 923, 1953 PRINTER'S NO. 2052
No. 426 Session of 1989
INTRODUCED BY RYBAK, MANDERINO, COLAFELLA, YANDRISEVITS, DURHAM,
MICHLOVIC, LLOYD, CAWLEY, LaGROTTA, MELIO, COLAIZZO, MORRIS,
LUCYK, FEE, JAROLIN, McCALL, BELFANTI, TRELLO, NAHILL,
HARPER, BATTISTO, BELARDI, MICOZZIE, HALUSKA, E. Z. TAYLOR,
PERZEL, LAUGHLIN, J. L. WRIGHT, BISHOP, CORNELL, SEMMEL,
COHEN, SALOOM, RAYMOND, CIVERA, COLE, WOZNIAK, KUKOVICH,
CALTAGIRONE, D. W. SNYDER, GRUITZA, RUDY, McNALLY, JOSEPHS,
FOX, MAIALE AND VEON, FEBRUARY 14, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 13, 1989
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for surrender of registration
3 plates and cards and licenses, for proof of financial
4 responsibility and for certificates of inspection; and
5 imposing penalties.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 1376, 1535(a) and 1540(c) of Title 75 <--
9 of the Pennsylvania Consolidated Statutes are amended to read:
10 SECTION 1. SECTION 1306 OF TITLE 75 OF THE PENNSYLVANIA <--
11 CONSOLIDATED STATUTES, REPEALED IN PART APRIL 26, 1989 (P.L.13,
12 NO.4), IS AMENDED TO READ:
13 § 1306. GROUNDS FOR REFUSING REGISTRATION.
14 THE DEPARTMENT SHALL REFUSE REGISTRATION OR RENEWAL OR
15 TRANSFER OF REGISTRATION WHEN ANY OF THE FOLLOWING CIRCUMSTANCES
16 EXISTS:
1 (1) THE APPLICANT IS NOT ENTITLED TO REGISTRATION UNDER
2 THE PROVISIONS OF THIS CHAPTER.
3 (2) THE APPLICANT HAS AT REGISTRATION OR TITLING
4 NEGLECTED OR REFUSED TO FURNISH THE DEPARTMENT WITH THE
5 INFORMATION REQUIRED ON THE APPROPRIATE OFFICIAL FORM, OR ANY
6 REASONABLE ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT.
7 (3) THE DEPARTMENT HAS REASONABLE GROUNDS TO BELIEVE
8 THAT THE APPLICATION CONTAINS FALSE OR FRAUDULENT
9 INFORMATION, OR THAT THE VEHICLE IS STOLEN, WHICH FACT THE
10 DEPARTMENT SHALL ASCERTAIN BY REFERENCE TO THE STOLEN VEHICLE
11 FILE REQUIRED TO BE MAINTAINED UNDER SECTION 7114 (RELATING
12 TO RECORDS OF STOLEN VEHICLES), OR THAT THE GRANTING OF
13 REGISTRATION WOULD CONSTITUTE A FRAUD AGAINST THE RIGHTFUL
14 OWNER OR OTHER PERSON HAVING A VALID LIEN UPON THE VEHICLE.
15 (4) THE FEES REQUIRED BY LAW HAVE NOT BEEN PAID.
16 (5) THE VEHICLE IS NOT CONSTRUCTED OR EQUIPPED AS
17 REQUIRED BY THIS TITLE.
18 (6) THE REGISTRATION OF THE VEHICLE STANDS SUSPENDED OR
19 REVOKED FOR ANY REASON AS PROVIDED FOR IN THIS TITLE.
20 SECTION 2. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
21 § 1318. DUTIES OF AGENTS.
22 (A) VERIFICATION OF FINANCIAL RESPONSIBILITY.--AN AGENT WHO
23 IS AUTHORIZED TO ISSUE ON BEHALF OF THE DEPARTMENT A VEHICLE
24 REGISTRATION RENEWAL OR TEMPORARY REGISTRATION SHALL BE REQUIRED
25 TO VERIFY FINANCIAL RESPONSIBILITY PRIOR TO ISSUANCE.
26 (B) PROOF.--PROOF OF FINANCIAL RESPONSIBILITY SHALL BE
27 VERIFIED BY EXAMINING ONE OF THE FOLLOWING DOCUMENTS:
28 (1) AN IDENTIFICATION CARD AS REQUIRED BY REGULATIONS
29 PROMULGATED BY THE INSURANCE DEPARTMENT.
30 (2) THE DECLARATION PAGE OF AN INSURANCE POLICY.
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1 (3) A CERTIFICATE OF FINANCIAL RESPONSIBILITY.
2 (4) A VALID BINDER OF INSURANCE ISSUED BY AN INSURANCE
3 COMPANY LICENSED TO SELL AUTOMOBILE LIABILITY INSURANCE IN
4 PENNSYLVANIA.
5 SECTION 3. SECTIONS 1371, 1376, 1377, 1535, 1540(C), 1781,
6 1782 AND 1783 OF TITLE 75 ARE AMENDED TO READ:
7 § 1371. OPERATION FOLLOWING SUSPENSION OR REVOCATION OF
8 REGISTRATION.
9 (A) GENERAL RULE.--NO PERSON SHALL OPERATE AND NO OWNER
10 SHALL PERMIT TO BE OPERATED UPON ANY HIGHWAY A VEHICLE THE
11 REGISTRATION OF WHICH HAS BEEN SUSPENDED OR REVOKED.
12 (B) PENALTY.--ANY PERSON VIOLATING THIS SECTION IS GUILTY OF
13 A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO
14 PAY A FINE OF NOT LESS THAN $100 NOR MORE THAN $500.
15 § 1376. Surrender of registration plates and cards upon
16 suspension OR REVOCATION. <--
17 (a) General rule.--The department, upon suspending OR <--
18 REVOKING any registration, shall require the registration plate
19 or plates and registration card or cards to be surrendered
20 immediately to the department [and].
21 (b) Delegation of authority.--If within 35 days the
22 registration plates and cards are not surrendered under
23 subsection (a), the department may delegate authority to [any
24 authorized department employee, member of the Pennsylvania State
25 Police or local police officer to seize the registration plate
26 or plates and registration card or cards.] the following persons
27 to seize a registration plate and registration card which are
28 required to be surrendered under subsection (a):
29 (1) A designated department employee.
30 (2) Members of the Pennsylvania State Police.
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1 (3) Local police officers.
2 (4) Sheriffs or deputy sheriffs.
3 (5) Constables or deputy constables. If constables and
4 deputy constables are delegated authority to seize
5 registration plates and registration cards under this
6 section, they shall be compensated by the department at the
7 rate of $15 for each registration plate and card jointly
8 seized, plus mileage. The department shall pay a constable or
9 deputy constable within 30 days after a documented request
10 for payment is submitted to it.
11 (c) Regulations.--The department shall, by regulation,
12 prescribe the manner of selecting [the employees and State and
13 local police officers] those enforcement officials who are
14 delegated authority under this section to seize the registration
15 plates and registration cards.
16 [(b)] (d) Penalty.--Any person failing or refusing to
17 surrender to the department or its authorized delegate, upon
18 demand, any registration plate or card which has been suspended
19 OR REVOKED is guilty of a summary offense and shall, upon <--
20 conviction, be sentenced to pay a fine of [$100] $300, plus
21 costs. Cost shall include a reasonable fee for official seizure
22 of the unsurrendered items.
23 § 1377. JUDICIAL REVIEW OF DENIAL [OR], SUSPENSION OR <--
24 REVOCATION OF REGISTRATION.
25 ANY PERSON WHOSE REGISTRATION HAS BEEN DENIED [OR], SUSPENDED
26 OR REVOKED BY THE DEPARTMENT SHALL HAVE THE RIGHT TO APPEAL TO
27 THE COURT VESTED WITH JURISDICTION OF SUCH APPEALS BY OR
28 PURSUANT TO TITLE 42 (RELATING TO JUDICIARY AND JUDICIAL
29 PROCEDURE). THE FILING OF THE APPEAL SHALL ACT AS A SUPERSEDEAS
30 AND THE SUSPENSION OF REGISTRATION SHALL NOT BE IMPOSED UNTIL
19890H0426B2052 - 4 -
1 DETERMINATION OF THE MATTER AS PROVIDED IN THIS SECTION. THE
2 COURT SHALL SET THE MATTER DOWN FOR HEARING UPON 30 DAYS WRITTEN
3 NOTICE TO THE DEPARTMENT, AND THEREUPON TAKE TESTIMONY AND
4 EXAMINE INTO THE FACTS OF THE CASE AND DETERMINE WHETHER THE
5 PETITIONER IS ENTITLED TO REGISTRATION OR SUBJECT TO SUSPENSION
6 OF REGISTRATION UNDER THE PROVISIONS OF THIS TITLE.
7 § 1535. Schedule of convictions and points.
8 (a) General rule.--A point system for driver education and
9 control is hereby established which is related to other
10 provisions for use, suspension and revocation of the operating
11 privilege as specified under this title. Every driver licensed
12 in this Commonwealth who is convicted of any of the following
13 offenses shall be assessed points as of the date of violation in
14 accordance with the following schedule:
15 Section Number Offense Points
16 1512 Violation of restriction on
17 driver's license. 2
18 1571 Violation concerning license. 3
19 1788 Required financial responsibility. 5
20 3102 Failure to obey policeman or
21 authorized person. 2
22 3112(a)(3)(i) Failure to stop for a red light. 3
23 3114(a)(1) Failure to stop for a flashing
24 red light. 3
25 3302 Failure to yield half of roadway
26 to oncoming vehicle. 3
27 3303 Improper passing. 3
28 3304 Other improper passing. 3
29 3305 Other improper passing. 3
30 3306(a)(1) Other improper passing. 4
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1 3306(a)(2) Other improper passing. 3
2 3306(a)(3) Other improper passing. 3
3 3307 Other improper passing. 3
4 3310 Following too closely. 3
5 3321 Failure to yield to driver on the
6 right at intersection. 3
7 3322 Failure to yield to oncoming
8 driver when making left turn. 3
9 3323(b) Failure to stop for stop sign. 3
10 3323(c) Failure to yield at yield sign. 3
11 3324 Failure to yield when entering or
12 crossing roadway between inter-
13 sections. 3
14 3332 Improper turning around. 3
15 3341 Failure to stop for flashing red
16 lights or gate at railroad
17 crossing. 3
18 3344 Failure to stop when entering from
19 alley, driveway or building. 3
20 3345(a) Failure to stop for school bus
21 with flashing red lights. 5
22 (and 60 days suspension)
23 3361 Driving too fast for conditions. 2
24 3362 Exceeding maximum speed.--Over Limit:
25 6-10 2
26 11-15 3
27 16-25 4
28 26-30 5
29 31-over 5
30 (and departmental hearing
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1 and sanctions provided
2 under section 1538(d))
3 3365(b) Exceeding special speed limit
4 in school zone. 3
5 3365(c) Exceeding special speed limit
6 for trucks on downgrades. 3
7 3542(a) Failure to yield to pedestrian in
8 crosswalk. 2
9 3547 Failure to yield to pedestrian on
10 sidewalk. 3
11 3549(a) Failure to yield to blind
12 pedestrian. 3
13 3702 Improper backing. 3
14 3714 Reckless driving. 3
15 3745 Leaving scene of accident
16 involving property damage only. 4
17 * * *
18 § 1540. Surrender of license.
19 * * *
20 (c) Seizure of revoked and suspended licenses.--
21 (1) The department may delegate authority to [any
22 authorized department employee, member of the Pennsylvania
23 State Police or local police officer] the following persons
24 to seize the driver's license of any person [when the
25 operating privilege of that person has been revoked or
26 suspended and his] whose driver's license has been ordered to
27 be surrendered by a court or district attorney or by the
28 department[.]:
29 (i) A designated department employee.
30 (ii) Members of the Pennsylvania State Police.
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1 (iii) Local police officers.
2 (iv) Sheriffs or deputy sheriffs.
3 (v) Constables or deputy constables. If constables
4 and deputy constables are delegated authority to seize
5 drivers' licenses under this subsection, they shall be
6 compensated by the department at the rate of $15 for each
7 driver's license seized, plus mileage. The department
8 shall pay a constable or deputy constable within 30 days
9 after a documented request is submitted to it.
10 (2) The department shall, by regulation, prescribe the
11 manner of selecting [the employees and State and local police
12 officers] those enforcement officials who are delegated
13 authority under this subsection to seize the drivers'
14 licenses.
15 § 1781. NOTICE OF SANCTION FOR NOT EVIDENCING FINANCIAL <--
16 RESPONSIBILITY.
17 AN APPLICANT FOR REGISTRATION OF A VEHICLE SHALL ACKNOWLEDGE
18 ON A FORM DEVELOPED BY THE DEPARTMENT OF TRANSPORTATION THAT THE
19 APPLICANT KNOWS HE MAY LOSE HIS OPERATING PRIVILEGE OR VEHICLE
20 REGISTRATIONS IF HE FAILS TO [EVIDENCE FINANCIAL RESPONSIBILITY
21 FOR THE PURPOSES DESCRIBED IN SECTION 1772 (RELATING TO
22 SUSPENSION FOR NONPAYMENT OF JUDGMENTS), 1783 (RELATING TO PROOF
23 OF FINANCIAL RESPONSIBILITY BEFORE RESTORING OPERATING PRIVILEGE
24 OR REGISTRATION), 1784 (RELATING TO PROOF OF FINANCIAL
25 RESPONSIBILITY FOLLOWING VIOLATION) OR 1785 (RELATING TO PROOF
26 OF FINANCIAL RESPONSIBILITY FOLLOWING ACCIDENT).] MAINTAIN
27 FINANCIAL RESPONSIBILITY ON THE CURRENTLY REGISTERED VEHICLE FOR
28 THE PERIOD OF REGISTRATION.
29 § 1782. MANNER OF PROVIDING PROOF OF FINANCIAL RESPONSIBILITY.
30 (A) GENERAL RULE.--PROOF OF FINANCIAL RESPONSIBILITY MAY BE
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1 FURNISHED BY FILING EVIDENCE SATISFACTORY TO THE DEPARTMENT THAT
2 ALL MOTOR VEHICLES REGISTERED IN A PERSON'S NAME ARE COVERED BY
3 MOTOR VEHICLE LIABILITY INSURANCE OR BY A PROGRAM OF SELF-
4 INSURANCE AS PROVIDED BY SECTION 1787 (RELATING TO SELF-
5 INSURANCE) OR OTHER RELIABLE FINANCIAL ARRANGEMENTS, DEPOSITS,
6 RESOURCES OR COMMITMENTS ACCEPTABLE TO THE DEPARTMENT.
7 (B) NONRESIDENT.--THE NONRESIDENT OWNER OF A MOTOR VEHICLE
8 NOT REGISTERED IN THIS COMMONWEALTH MAY GIVE PROOF OF FINANCIAL
9 RESPONSIBILITY BY FILING WITH THE DEPARTMENT A WRITTEN
10 CERTIFICATE OR CERTIFICATES OF AN INSURANCE COMPANY AUTHORIZED
11 TO TRANSACT BUSINESS IN THE STATE IN WHICH THE MOTOR VEHICLE OR
12 MOTOR VEHICLES DESCRIBED IN THE CERTIFICATE ARE REGISTERED OR,
13 IF THE NONRESIDENT DOES NOT OWN A MOTOR VEHICLE, THEN EVIDENCE
14 SATISFACTORY TO THE DEPARTMENT THAT THE PERSON DOES NOT OWN A
15 MOTOR VEHICLE. THE DEPARTMENT SHALL ACCEPT THE CERTIFICATE UPON
16 CONDITION THAT THE INSURANCE COMPANY COMPLIES WITH THE FOLLOWING
17 PROVISIONS WITH RESPECT TO THE POLICIES SO CERTIFIED:
18 (1) THE INSURANCE COMPANY SHALL EXECUTE A POWER OF
19 ATTORNEY AUTHORIZING THE DEPARTMENT TO ACCEPT SERVICE ON ITS
20 BEHALF OR PROCESS IN ANY ACTION ARISING OUT OF A MOTOR
21 VEHICLE ACCIDENT IN THIS COMMONWEALTH.
22 (2) THE INSURANCE COMPANY SHALL AGREE IN WRITING THAT
23 THE POLICIES SHALL BE DEEMED TO CONFORM WITH THE LAWS OF THIS
24 COMMONWEALTH RELATING TO THE TERMS OF MOTOR VEHICLE LIABILITY
25 POLICIES ISSUED IN THIS COMMONWEALTH.
26 (C) DEFAULT BY FOREIGN INSURANCE COMPANY.--IF ANY INSURANCE
27 COMPANY NOT AUTHORIZED TO TRANSACT BUSINESS IN THIS
28 COMMONWEALTH, WHICH HAS QUALIFIED TO FURNISH PROOF OF FINANCIAL
29 RESPONSIBILITY, DEFAULTS IN ANY UNDERTAKINGS OR AGREEMENTS, THE
30 DEPARTMENT SHALL NOT THEREAFTER ACCEPT AS PROOF ANY CERTIFICATE
19890H0426B2052 - 9 -
1 OF THE COMPANY WHETHER THERETOFORE FILED OR THEREAFTER TENDERED
2 AS PROOF AS LONG AS THE DEFAULT CONTINUES.
3 (D) FINANCIAL RESPONSIBILITY IDENTIFICATION CARDS.--INSURERS
4 SHALL PROVIDE FINANCIAL RESPONSIBILITY IDENTIFICATION CARDS TO
5 INSUREDS WHICH SHALL BE VALID ONLY FOR THE PERIOD FOR WHICH
6 COVERAGE HAS BEEN PAID BY THE INSURED. FINANCIAL RESPONSIBILITY
7 IDENTIFICATION CARDS SHALL DISCLOSE THE PERIOD FOR WHICH
8 COVERAGE HAS BEEN PAID BY THE INSURED AND SHALL CONTAIN SUCH
9 OTHER INFORMATION AS REQUIRED BY THE INSURANCE DEPARTMENT.
10 § 1783. PROOF OF FINANCIAL RESPONSIBILITY BEFORE RESTORING
11 OPERATING PRIVILEGE OR REGISTRATION.
12 (A) GENERAL RULE.--WHENEVER THE DEPARTMENT SUSPENDS OR
13 REVOKES THE OPERATING PRIVILEGE OF ANY PERSON OR THE
14 REGISTRATION OF ANY VEHICLE PURSUANT TO SECTION 1532 (RELATING
15 TO REVOCATION OR SUSPENSION OF OPERATING PRIVILEGE), 1542
16 (RELATING TO REVOCATION OF HABITUAL OFFENDER'S LICENSE), 1772
17 (RELATING TO SUSPENSION FOR NONPAYMENT OF JUDGMENTS), 1784
18 (RELATING TO PROOF OF FINANCIAL RESPONSIBILITY FOLLOWING
19 VIOLATION) OR 1785 (RELATING TO PROOF OF FINANCIAL
20 RESPONSIBILITY FOLLOWING ACCIDENT), OR UPON RECEIVING THE RECORD
21 OF A CONVICTION OR FORFEITURE OF BAIL, THE DEPARTMENT SHALL NOT
22 RESTORE THE OPERATING PRIVILEGE OR THE APPLICABLE REGISTRATION
23 UNTIL THE PERSON FURNISHES PROOF OF FINANCIAL RESPONSIBILITY.
24 (B) NOTICE.--AN INSURER WHO HAS ISSUED A CONTRACT OF MOTOR
25 VEHICLE LIABILITY INSURANCE, OR ANY APPROVED SELF-INSURANCE
26 ENTITY, SHALL NOTIFY THE DEPARTMENT WITHIN TEN DAYS OF THE
27 CANCELLATION, NONRENEWAL OR TERMINATION OF THE INSURANCE BY THE
28 INSURER OR INSURED IN A METHOD PRESCRIBED BY REGULATIONS
29 PROMULGATED BY THE DEPARTMENT.
30 SECTION 4. SECTION 1785 OF TITLE 75 IS REPEALED.
19890H0426B2052 - 10 -
1 Section 2 5. Title 75 is amended by adding a section to <--
2 read:
3 § 1788. Required financial responsibility.
4 (a) General rule.--Every owner of a motor vehicle which is
5 registered under this title shall continuously provide and
6 maintain financial responsibility and shall not operate the
7 motor vehicle or permit it to be operated upon a highway of this
8 Commonwealth without financial responsibility.
9 (b) Consent to produce proof of financial responsibility.--
10 Upon registering a motor vehicle or renewing a motor vehicle
11 registration, the owner of a motor vehicle shall be deemed to
12 have given consent to produce satisfactory evidence of financial
13 responsibility upon the demand of a police officer or the
14 department.
15 (c) Exhibition of proof of financial responsibility.--Proof
16 of financial responsibility shall, at all times while the
17 vehicle is being operated upon a highway, be in the possession
18 of the person driving or in control of the vehicle, or be
19 carried in the vehicle, and shall be exhibited upon demand of
20 any police officer or the department.
21 (d) Penalty.--
22 (1) An owner of a motor vehicle who does not meet the
23 financial responsibility requirements set forth in this
24 section commits a summary offense and shall, upon conviction,
25 be sentenced to pay a fine of $300, and the department shall
26 suspend the operating privileges of the owner for 60 days. If
27 the owner produces, at the office of the issuing authority
28 within five days of the violation, satisfactory evidence that
29 the motor vehicle being operated was covered by financial
30 responsibility at the time of the violation, the owner shall
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1 not be convicted for a violation of this section. If the
2 owner does not meet the financial responsibility requirements
3 set forth in this section within the five days allotted, the
4 department shall suspend the registration of the vehicle
5 until such time as proof of financial responsibility is
6 provided to the department.
7 (2) A person other than a vehicle's owner who knowingly
8 operates a vehicle not in compliance with the financial
9 responsibility requirements set forth in this section commits
10 a summary offense and shall, upon conviction, be sentenced to
11 pay a fine of $300, and the department shall suspend the
12 operating privileges of the person for 60 days. If the person
13 produces, at the office of the issuing authority within five
14 days of the violation, satisfactory evidence that the motor
15 vehicle being operated was covered by financial
16 responsibility at the time of the violation, he shall not be
17 convicted for a violation of this section.
18 SECTION 6. SECTION 1960 OF TITLE 75 IS AMENDED TO READ: <--
19 § 1960. REINSTATEMENT OF REGISTRATION OR OPERATING PRIVILEGE.
20 THE DEPARTMENT SHALL CHARGE A FEE OF [$25] $50 TO RESTORE A
21 REGISTRATION OR A PERSON'S OPERATING PRIVILEGE FOLLOWING A
22 SUSPENSION OR REVOCATION.
23 Section 3 7. Section 4727 of Title 75 is amended by adding a <--
24 subsection to read:
25 § 4727. Issuance of certificate of inspection.
26 * * *
27 (d) Proof of insurance.--No certificate of inspection shall
28 be issued unless proper proof of the insurance required by law
29 is submitted to the inspection official who shall keep a record
30 of the name of the insured, the issuing company, the policy
19890H0426B2052 - 12 -
1 number and the expiration date.
2 Section 4. This act shall take effect in six months. <--
3 SECTION 8. THE PROVISIONS OF THIS ACT ARE SEVERABLE. IF ANY <--
4 PROVISION OF THIS ACT OR ITS APPLICATION TO ANY PERSON OR
5 CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY SHALL NOT AFFECT
6 OTHER PROVISIONS OR APPLICATIONS OF THIS ACT WHICH CAN BE GIVEN
7 EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION.
8 SECTION 9. ALL ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR
9 AS THEY ARE INCONSISTENT WITH THIS ACT.
10 SECTION 10. THIS ACT SHALL TAKE EFFECT OCTOBER 1, 1989.
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