77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 422
House Bill 2562
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Judiciary
for Judicial Department)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Allows Chief Justice of Supreme Court to adopt rules governing
use of electronic applications for all state court records and
for transmission of jury information to circuit courts.
Removes requirement that state courts maintain separate probate
index.
Allows State Court Administrator to establish procedures for
destruction of all state court records, not just circuit court
records.
Modifies laws on filing of transcript on appeal to allow
electronic filing of transcript.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to courts; creating new provisions; amending ORS 1.002,
7.124, 7.240, 19.250, 19.365, 19.370 and 21.345; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
RULES FOR ELECTRONIC APPLICATIONS + }
SECTION 1. ORS 1.002 is amended to read:
1.002. (1) The Supreme Court is the highest judicial tribunal
of the judicial department of government in this state. The Chief
Justice of the Supreme Court is the presiding judge of the court
and the administrative head of the judicial department of
government in this state. The Chief Justice shall exercise
administrative authority and supervision over the courts of this
state consistent with applicable provisions of law and the Oregon
Rules of Civil Procedure. The Chief Justice, to facilitate
exercise of that administrative authority and supervision, may:
(a) Make rules and issue orders appropriate to that exercise.
(b) Require appropriate reports from the judges, other officers
and employees of the courts of this state and municipal courts.
(c) Pursuant to policies approved by the Judicial Conference of
the State of Oregon, assign or reassign on a temporary basis all
judges of the courts of this state to serve in designated
locations within or without the county or judicial district for
which the judge was elected.
(d) Set staffing levels for all courts of the state operating
under the Judicial Department and for all operations in the
Judicial Department.
(e) Establish time standards for disposition of cases.
(f) Establish budgets for the Judicial Department and all
courts operating under the Judicial Department.
(g) Assign or reassign all court staff of courts operating
under the Judicial Department.
(h) Pursuant to policies approved by the Judicial Conference of
the State of Oregon, establish personnel rules and policies for
judges of courts operating under the Judicial Department.
(i) Establish procedures for closing courts in emergencies.
(j) Establish standards for determining when courts are closed
for purposes of ORCP 10, ORS 174.120 and other rules and laws
that refer to periods of time when courts are closed.
(k) Take any other action appropriate to the exercise of the
powers specified in this section and other law, and appropriate
to the exercise of administrative authority and supervision by
the Chief Justice over the courts of this state.
(2) The Chief Justice may make rules for the use of electronic
applications in the courts, including but not limited to rules
relating to { + any of the following + }:
(a) Applications based on the use of the Internet and other
similar technologies { - ; - } { + . + }
(b) The use of an electronic document, or use of an electronic
image of a paper document in lieu of the original paper copy, for
{ - a - } { + any record of the courts maintained under ORS
7.095 and for any + } document, process or paper that is served,
delivered, received, filed, entered or retained in any action or
proceeding { - ; - } { + . + }
(c) The use of electronic signatures or another form of
identification for any document, process or paper that is
{ - served, delivered, received, filed, entered or retained in
any action or proceeding and that is - } required by any law or
rule to be signed { - ; - } { + and that is:
(A) Served, delivered, received, filed, entered or retained in
any action or proceeding;
(B) Maintained under ORS 7.095; or
(C) Transmitted to or from a circuit court under the provisions
of ORS chapter 10. + }
(d) The use of electronic transmission for { + :
(A) + } { - The service of - } { + Serving + } documents in
{ - a - } { + an action or + } proceeding, other than
{ - service of - } a summons or { - service of - } an
initial complaint or petition;
{ + (B) Filing documents with a court;
(C) Transmitting documents to or from a circuit court under the
provisions of ORS chapter 10; and
(D) Providing certified electronic copies of court documents
and other Judicial Department records to another person or public
body. + }
(e) Payment of statutory or court-ordered monetary obligations
through electronic media { - ; - } { + . + }
(f) Electronic storage of court documents { - ; - } { + . + }
(g) Use of electronic citations in lieu of the paper citation
forms as allowed under ORS 153.770, including use of electronic
citations for parking ordinance violations that are subject to
ORS 221.333 or 810.425 { - ; - } { + . + }
(h) Public access through electronic means to court documents
that are required or authorized to be made available to the
public by law { - ; and - } { + . + }
(i) Transmission of open court proceedings through electronic
media.
(3) The Chief Justice may make rules relating to the data that
state courts may require parties and other persons to submit for
the purpose of distinguishing particular persons from other
persons. If the rules require the submission of data that state
or federal law does not require that the courts make public, the
rules may also require courts to keep the data confidential and
not release the data except pursuant to a court order issued for
good cause shown. Data that is made confidential under the rules
is not subject to disclosure under ORS 192.410 to 192.505.
(4) Rules adopted by the Chief Justice under subsection (2) of
this section must be consistent with the laws governing courts
and court procedures, but any person who serves, delivers,
receives, files, enters or retains an electronic document, or an
electronic image of a paper document in lieu of the original
paper copy, in the manner provided by a rule of the Chief Justice
under subsection (2) of this section shall be considered to have
complied with any rule or law governing service, delivery,
reception, filing, entry or retention of a paper document.
(5) Rules made and orders issued by the Chief Justice under
this section shall permit as much variation and flexibility in
the administration of the courts of this state as are appropriate
to the most efficient manner of administering each court,
considering the particular needs and circumstances of the court,
and consistent with the sound and efficient administration of the
judicial department of government in this state.
(6) The Chief Justice may establish fees for the use of the
Oregon Judicial Information Network.
(7) The judges, other officers and employees of the courts of
this state shall comply with rules made and orders issued by the
Chief Justice. Rules and orders of a court of this state, or a
judge thereof, relating to the conduct of the business of the
court shall be consistent with applicable rules made and orders
issued by the Chief Justice.
(8) The Chief Judge of the Court of Appeals and the presiding
judge of each judicial district of this state are the
administrative heads of their respective courts. They are
responsible and accountable to the Chief Justice of the Supreme
Court in the exercise of their administrative authority and
supervision over their respective courts. Other judges of the
Court of Appeals or court under a presiding judge are responsible
and accountable to the Chief Judge or presiding judge, and to the
Chief Justice, in respect to exercise by the Chief Justice, Chief
Judge or presiding judge of administrative authority and
supervision.
(9) The Chief Justice may delegate the exercise of any of the
powers specified by this section to the presiding judge of a
court, and may delegate the exercise of any of the administrative
powers specified by this section to the State Court
Administrator, as may be appropriate.
(10) This section applies to justices of the peace and the
justice courts of this state solely for the purpose of
disciplining of justices of the peace and for the purpose of
continuing legal education of justices of the peace.
{ +
PROBATE INDEX + }
SECTION 2. ORS 7.240 is amended to read:
7.240. { - The proceedings in probate matters shall be
entered and recorded by the clerk or court administrator in the
following records: - }
{ + (1) For probate matters in state courts, the clerk or
court administrator shall enter and record the proceedings in the
register described in ORS 7.020.
(2) For probate matters in courts other than state courts, the
clerk or court administrator shall enter and record the
proceedings in the following records: + }
{ - (1) - } { + (a) + } A register, in which shall be
entered a memorandum of all official business transacted by the
court or judge thereof pertaining to the estate of each decedent,
under the name of the decedent, and that pertaining to each
protective proceeding under ORS chapter 125, under the name of
the protected person.
{ - (2) - } { + (b) + } A probate index, in which shall be
kept an index of all the entries in the register under the names
of the persons to whose estate, person or business the entries
relate, which names shall be arranged chronologically in
alphabetical order.
{ +
DESTRUCTION OF COURT RECORDS + }
SECTION 3. ORS 7.124 is amended to read:
7.124. (1) Pursuant to ORS 8.125 (11), the State Court
Administrator may establish procedures that provide for the
destruction of records, instruments, books, papers, transcripts
and other documents filed in a { - circuit - } { + state + }
court after making a photographic film, microphotographic film,
electronic image or other photographic or electronic copy of each
document that is destroyed.
(2) A { - circuit - } { + state + } court may use
procedures established under subsection (1) of this section only
if at the time of making the copy { + of the document or group
of documents, + } the { - trial - } court administrator
{ - for the court - } attaches to the copy, attaches to the
sealed container in which the copy is placed or incorporates
{ + or causes to be incorporated + } into the copy:
(a) A { - certification - } { + statement + } that the copy
is a correct copy of the original, or of a specified part of the
original { + document or group of documents + }; { + and + }
(b) The date on which the copy { + of the document or group of
documents + } was made { - ; and - } { + . + }
{ - (c) A certification that the copy was made under the
trial court administrator's direction and control. - }
(3) A { - trial - } court administrator using film for
copies under this section must promptly seal and store at least
one original or negative copy of the film in a manner and place
that will ensure that the film will not be lost, stolen or
destroyed.
(4) A { - trial - } court administrator using electronic
images for copies under procedures established under subsection
(1) of this section must ensure that the electronic images are
continuously updated into commonly used formats and, if
necessary, transferred to media necessary to ensure that
{ - they - } { + the electronic images + } are accessible
through commonly used electronic or computerized systems.
(5) { - Copies of documents - } { + If a copy of a
document + } created under this section { - must be - }
{ + is + } retained in lieu of the original
{ - documents - } { + document, the copy is the court record
for all purposes and must be retained + } for the period
established by the schedule prescribed in ORS 8.125 (11).
{ +
ELECTRONIC FILING OF TRANSCRIPTS ON APPEAL + }
SECTION 4. ORS 19.250 is amended to read:
19.250. (1) The notice of appeal { - shall - } { + must + }
contain the following:
(a) The title of the cause. The party appealing a judgment
{ - shall - } { + must + } be designated the appellant and
the adverse party the respondent, but the title of the action or
proceeding is not otherwise changed by reason of the appeal.
(b) The names of the parties and their attorneys.
{ - (c) A notice to all parties or their attorneys as have
appeared in the action or proceedings that an appeal is taken
from the judgment or some specified part thereof and designating
who are the adverse parties to the appeal. - }
{ + (c)(A) If an appellant is not represented by an attorney,
a postal address for the appellant and either an electronic mail
address for the appellant or a statement that the appellant does
not have an electronic mail address.
(B) If the appellant is represented by an attorney, a postal
address and electronic mail address for the attorney.
(d) A notice to each party that appeared in the action or
proceeding, or to the attorney for the party, that an appeal is
taken from the judgment or some specified part of the judgment
and designating the adverse parties to the appeal. The notice of
appeal must contain the postal address and electronic mail
address, if known to the appellant, for all other parties
designated as parties to the appeal. + }
{ - (d) - } { + (e) + } A designation of those portions of
the proceedings and exhibits to be included in the record in
addition to the trial court file. The appellant may amend the
designation of record at any time after filing the notice of
appeal until 35 days after the
{ - transcript is filed - } { + filing of a certificate of
preparation for the transcript under ORS 19.370 (3). The
amendment must be made + } by filing and serving in the same
manner as a notice of appeal a notice of amended designation of
record. The amended { - notice shall - } { + designation must
+ }clearly indicate those portions of the proceedings and
exhibits being added to or deleted from the original designation
of record. The designation may not be later amended by the
appellant unless the appellate court so orders.
{ - (e) - } { + (f) + } A plain and concise statement of
the points on which the appellant intends to rely. On appeal, the
appellant may rely on no other points than those set forth in
such statement. If the appellant has designated for inclusion in
the record all the testimony and all the instructions given and
requested, no statement of points is necessary. Not later than
the 15th day following the filing of the { + certificate of
preparation for the + } transcript { + under ORS 19.370 (3) + },
the appellant may serve and file an amended statement of points.
Except by approval of the court, the appellant may then rely on
no other points than those set forth in such amended statement.
{ - (f) - } { + (g) + } The signature of the appellant or
attorney for the appellant.
(2) Within 14 days after the filing of the notice of appeal or
{ - notice of - } amended designation of record { + , + } any
other party may serve and file a designation of additional parts
of the proceedings and exhibits to be included in the record.
Such designation { - shall - } { + must + } be served and
filed as provided for the serving and filing of a notice of
appeal under ORS 19.240 and 19.260. If such party also appeals,
the designation { - shall - } { + must + } be included in the
notice of appeal of the party and { - shall - } { + may + }
not be served and filed separately.
{ - (3) The reporter shall prepare a transcript of such parts
of the proceedings as are designated pursuant to subsection
(1)(d) of this section and subsection (2) of this section. - }
SECTION 5. ORS 19.365 is amended to read:
19.365. (1) The record of the case { - shall - }
{ + must + } be prepared and transmitted to the court to which
the appeal is made in the manner provided in this chapter.
(2) The record on appeal { - shall consist - }
{ + consists + } of those parts of the trial court file,
exhibits and record of oral proceedings in the trial court that
are designated under ORS 19.250. The record of oral proceedings
{ - shall be - } { + is + } the transcript prepared under ORS
19.370, an agreed narrative statement prepared under ORS 19.380
or the audio record if the appellate court has waived preparation
of a transcript under ORS 19.385.
(3) { - The trial court administrator shall, upon request of
the State Court Administrator, deliver the record of the case to
the appellate court. - } { + The trial court administrator
shall make the trial court record available to the State Court
Administrator in the manner specified by rules of the appellate
court. + }
(4) When it appears to the appellate court that the record on
appeal is erroneous or that the record does not contain material
that should have been part of the trial court file, and the
erroneous or incomplete record substantially affects the merits
of the appeal, on motion of a party or on its own motion the
{ + appellate + } court may make such order to correct or
supplement the record as may be just.
(5) If the record on appeal is not sufficient to allow the
appellate court to review an assignment of error, the
{ + appellate + } court may decline to review the assignment of
error and may dismiss the appeal if there are no other
assignments of error that may be reviewed.
(6) { - Unless otherwise ordered by the appellate court, - }
{ + Except as provided by rules of the appellate court, + } the
State Court Administrator shall return the trial court file and
the exhibits to the trial court administrator upon issuance of
the appellate judgment disposing of the appeal.
SECTION 6. ORS 19.370, as amended by section 7, chapter 48,
Oregon Laws 2012, is amended to read:
19.370. { - (1) If a transcript is prepared from audio
records by a person other than the reporter, then the reporter
shall certify the audio records and the transcript shall be
certified by the person preparing it. In all other cases the
transcript shall be certified by the reporter or the trial
judge. - }
{ - (2) Except as provided in subsection (3) of this section,
the person preparing the transcript shall file the transcript
with the trial court administrator within 30 days after the
filing of the notice of appeal. The person preparing the
transcript shall give immediate notice in writing to the parties
that the transcript has been filed. Except as provided in
subsection (4) of this section, the person preparing the
transcript shall serve the respondent with a copy of the
transcript and shall, at the time of filing the original
transcript, file proof of such service with the trial court
administrator, and with the State Court Administrator. - }
{ - (3) If an appeal is referred to the appellate settlement
program established by the Court of Appeals pursuant to ORS
2.560, the transcript must be filed within 30 days after
expiration of the period of time specified in the rules during
which the appeal is held in abeyance, or within 30 days after the
court directs that the appeal no longer be held in abeyance,
whichever occurs first. - }
{ - (4) If there are two or more parties in addition to the
appellant who have appeared in the trial court and who are
represented by different attorneys, the person preparing the
transcript shall at the time of filing the original transcript
deposit a copy thereof with the trial court administrator for use
by all such other parties. The person preparing the transcript
shall serve notice of such deposit upon all such parties and file
proof of such service with the trial court administrator and with
the State Court Administrator. - }
{ - (5) Except as provided in subsection (6) of this section,
within 15 days after the transcript is filed, any party may move
the trial court for an order to correct any errors appearing in
the transcript or, where the interests of justice require, to
have additional parts of the proceedings included in the
transcript. If two or more persons are preparing parts of the
transcript, the motion must be filed within 15 days after the
last part of the transcript is filed. A copy of any such motion
shall be filed with the court to which the appeal is made. The
trial court shall direct the making of such corrections and the
adding of such matter as may be appropriate and shall fix the
time within which such corrections or additions shall be
made. - }
{ - (6) If an appeal is referred to the appellate settlement
program established by the Court of Appeals pursuant to ORS
2.560, and the transcript is filed during any period of time
specified in the rules during which the appeal is held in
abeyance, a motion under subsection (5) of this section must be
filed within 15 days after expiration of the period of time the
appeal is held in abeyance, or within 15 days after the court
directs that the appeal no longer be held in abeyance, whichever
occurs first. - }
{ - (7) Upon the denial of a motion to correct or add to the
transcript under subsection (5) of this section, or upon the
making of such corrections or additions as may be ordered,
whichever last occurs, the trial court shall enter an order
settling the transcript and send copies thereof to each of the
parties or their attorneys and to the State Court Administrator.
In the absence of a motion to correct or add to the transcript,
the transcript shall be deemed automatically settled 15 days
after it is filed. - }
{ + (1) If a transcript is prepared from audio records by a
person other than the reporter, the reporter shall certify the
records and the transcriber shall certify the transcript. In all
other cases, the transcript must be certified by the reporter or
the trial judge.
(2) A transcriber shall prepare a transcript in the format
prescribed by the court by the later of:
(a) Thirty days after the filing of the notice of appeal; or
(b) Thirty days after the expiration of any abeyance of the
appeal imposed by reason of the referral of the appeal to the
appellate settlement program established by the Court of Appeals
pursuant to ORS 2.560.
(3) Immediately after preparing a transcript, the transcriber
shall:
(a) Serve a copy of the transcript on the parties to the appeal
in the manner required by subsection (4) of this section; and
(b) File a certificate of preparation for the transcript with
the State Court Administrator. The certificate must indicate that
the transcript has been served in the manner required by
subsection (4) of this section. A copy of the certificate must be
served on the trial court administrator, the transcript
coordinator and the parties.
(4) A transcriber may agree with a party or an attorney on the
manner in which a transcript will be served. If there is no
agreement, a transcriber shall serve a transcript in the
following manner:
(a) Subject to paragraph (d) of this subsection, if an
appellant is not represented by an attorney, the transcriber
shall serve an electronic copy of the transcript on the appellant
at the electronic mail address provided by the appellant unless
the appellant specifically requests that a paper copy of the
transcript be mailed to the appellant at the postal address
indicated in the notice of appeal. If an electronic mail address
for the appellant does not appear in the notice of appeal, the
transcriber shall mail a paper copy of the transcript to the
appellant at the postal address indicated in the notice of
appeal.
(b) Subject to paragraph (d) of this subsection, if a
respondent is not represented by an attorney, the transcriber
shall mail a paper copy of the transcript to the respondent at
the postal address indicated in the notice of appeal unless the
respondent specifically requests that the transcriber serve an
electronic copy of the transcript on the respondent at the
electronic mail address provided by the respondent.
(c) If a party is represented by an attorney, the transcriber
shall serve an electronic copy of the transcript on the attorney
at the electronic mail address of the attorney identified in the
notice of appeal.
(d) If two or more unrepresented appellants request paper
copies of a transcript under paragraph (a) of this subsection, or
two or more unrepresented respondents request paper copies of a
transcript under paragraph (b) of this subsection, the
transcriber shall deposit a copy of the transcript with the trial
court administrator for the use of the unrepresented parties. The
copy must be in the medium specified by the trial court
administrator. The transcriber shall serve notice on the
unrepresented parties that the transcript has been deposited with
the trial court administrator, and file proof of that service
with the trial court administrator and with the State Court
Administrator. Deposit of a copy of a transcript with the trial
court administrator under this paragraph constitutes service of
the transcript on the unrepresented parties to the appeal.
(5) If two or more transcribers are preparing parts of the
transcript, the certificate of preparation is considered filed
under subsection (3) of this section when the final certificate
of preparation is filed with the State Court Administrator.
(6)(a) Within 15 days after a certificate of preparation is
filed under subsection (3) of this section, any party may file a
motion with the trial court for correction of errors appearing in
the transcript or to have additional parts of the proceedings
included in the transcript. If a certificate of preparation is
filed with the State Court Administrator during any period that
the appeal is in abeyance by reason of the referral of the appeal
to the appellate settlement program established by the Court of
Appeals pursuant to ORS 2.560, a motion under this subsection
must be filed within 15 days after the expiration of the
abeyance.
(b) A copy of a motion to correct or add to the transcript made
under this subsection must be served on the State Court
Administrator. If the motion is denied, the trial court shall
enter an order settling the transcript and transmit a copy of the
order to the State Court Administrator.
(c) If a motion is granted under this subsection, the trial
court shall direct the making of such corrections and the adding
of such matter as may be appropriate and shall fix the time
within which such corrections or additions must be made.
Immediately after preparing the corrected or additional
transcript, the transcriber shall serve a copy of the transcript
on the parties in the manner required by subsection (4) of this
section, and file proof of that service with the trial court
administrator, the transcript coordinator and the State Court
Administrator. Upon receiving proof of service from all
transcribers of the proceedings, the State Court Administrator
shall issue a notice to the parties indicating that the
transcript has been settled.
(7) Unless a motion to correct or add to the transcript is made
under subsection (6) of this section, a transcript is
automatically settled 15 days after a certificate of preparation
is filed under subsection (3) of this section. If a motion to
correct or add to the transcript is made, the transcript is
settled on the date that the State Court Administrator issues the
notice to the parties under subsection (6) of this section.
(8) When a transcript is settled, the State Court Administrator
shall notify each transcriber who filed a certificate of
preparation. Upon receiving the notice, a transcriber shall file
an electronic copy of the transcript with the State Court
Administrator in the manner and format prescribed by rules of the
appellate court. + }
SECTION 7. ORS 21.345 is amended to read:
21.345. (1) { + (a) + } A { - reporter appointed under ORS
8.340 (2) - } { + transcriber + } may not charge more than
{ - $2.50 - } { + $3 + } per page for { - the original
transcript, or more than 25 cents per page for each additional
copy, for preparing transcripts on appeal as provided in ORS
8.350 - } { + preparation of a transcript + }.
{ + (b) A transcriber may not charge a fee in addition to the
fee established under this subsection for a paper copy required
to be served on an unrepresented party under ORS 19.370 (4)(a) or
(b), or for a paper copy required to be filed with the trial
court under ORS 19.370 (4)(d). + }
(2) Except as provided in subsection (3) of this section, a
reporter employed by one of the parties may charge fees as agreed
to between the reporter and all of the parties to the proceeding
for preparing transcripts on appeal { - as provided in ORS
8.350 - } . The reporter and the parties { - shall - }
{ + must + } agree to the fees to be charged { - prior to - }
{ + before + } the commencement of the proceeding to be
recorded. { + A share of + } any fees agreed upon shall be
charged to parties joining the proceeding after the commencement
of the proceeding { - for preparing transcripts on appeal as
provided in ORS 8.350 - } .
(3) A reporter employed by one of the parties may not charge a
public body, as defined by ORS 174.109, fees for preparing
transcripts on appeal { - as provided in ORS 8.350 - } that
exceed the fees established by subsection (1) of this section.
(4) Each page of the original transcript on appeal prepared
{ - by a reporter - } under this section must be prepared as
specified by rules for transcripts on appeal adopted by the
Supreme Court { + and the Court of Appeals + }.
(5) Except as otherwise provided by law, the fees for preparing
a transcript requested by a party shall be paid forthwith by the
party, and when paid shall be taxable as disbursements in the
case. The fees for preparing a transcript requested by the court,
and not by a party, shall be paid by the state from funds
available for the purpose.
(6) When the court provides personnel to prepare transcripts
from audio records of court proceedings, the { - transcript - }
fees provided in subsection (1) of this section to be paid by a
party shall be paid to the clerk of the court.
{ + (7) For purposes of this section, 'transcript' has the
meaning given that term in ORS 19.005. + }
SECTION 8. { + The amendments to ORS 19.250, 19.365, 19.370
and 21.345 by sections 4 to 7 of this 2013 Act apply only to
transcripts requested on or after the effective date of this 2013
Act. + }
{ +
CAPTIONS + }
SECTION 9. { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
{ +
EMERGENCY CLAUSE + }
SECTION 10. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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