NC Laws/Alerts in place

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GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
SESSION LAW 2007-469
HOUSE BILL 38


AN ACT TO PROVIDE FOR A PUBLIC ALERT TO BE ISSUED WHEN A PERSON WITH DEMENTIA OR OTHER COGNITIVE IMPAIRMENT IS REPORTED MISSING, to include caregivers among those who can report an individual missing, to make technical and conforming changes to the provisions concerning the north carolina center for missing persons, and to exempt EMS workers locating missing persons from the Private protective services act.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 143B‑499 reads as rewritten:

"§ 143B‑499. Submission of missing person reports to the Center.

Any parent, spouse, guardian, or legal custodian, or person responsible for the supervision of the missing individual may submit a missing person report to the Center of any missing child or missing person, regardless of the circumstances, after having first submitted a missing person report on the individual to the law‑enforcement agency having jurisdiction of the area in which the individual became or is believed to have become missing, regardless of the circumstances."

SECTION 2. G.S. 143B‑499.1 reads as rewritten:

"§ 143B‑499.1. Dissemination of missing persons data by law‑enforcement agencies.

A law‑enforcement agency, upon receipt of a missing person report by a parent, spouse, guardian, or legal custodian, or person responsible for the supervision of the missing individual shall immediately make arrangements for the entry of data about the missing person or missing child into the national missing persons file in accordance with criteria set forth by the FBI/NCIC, immediately inform all of its on‑duty law‑enforcement officers of the missing person report, initiate a statewide broadcast to all appropriate law‑enforcement agencies to be on the lookout for the individual, and transmit a copy of the report to the Center. No law enforcement agency shall establish or maintain any policy which requires the observance of any waiting period before accepting a missing person report.

If the report involves a missing child and the report meets the criteria established in G.S. 143B‑499.7(b), as soon as practicable after receipt of the report, the law enforcement agency shall notify the Center and the National Center for Missing and Exploited Children of the relevant data about the missing child."

SECTION 3. G.S. 143B‑499.3 reads as rewritten:

"§ 143B‑499.3. Duty of individuals to notify Center and law‑enforcement agency when missing person has been located.

Any parent, spouse, guardian, or legal custodian, or person responsible for the supervision of the missing individual who submits a missing person report to a law‑enforcement agency or to the Center, shall immediately notify the law‑enforcement agency and the Center of any individual whose location has been determined. The Center shall confirm the deletion of the individual's records from the FBI/NCIC's missing person file, as long as there are no grounds for criminal prosecution, and follow up with the local law‑enforcement agency having jurisdiction of the records."

SECTION 4. G.S. 143B‑499.5 reads as rewritten:

"§ 143B‑499.5. Provision of toll‑free service; instructions to callers; communication with law‑enforcement agencies.


The Center shall provide a toll‑free telephone line for anyone to report the disappearance of any individual or the sighting of any missing child or missing person. The Center personnel shall instruct the caller, in the case of a report concerning the disappearance of an individual, of the requirements contained in G.S. 143B‑499143B‑499.3 of first having to submit a missing person report on the individual to the law‑enforcement agency having jurisdiction of the area in which the individual became or is believed to have become missing. Any law‑enforcement agency may retrieve information imparted to the Center by means of this phone line. The Center shall directly communicate any report of a sighting of a missing person or a missing child to the law‑enforcement agency having jurisdiction in the area of disappearance or sighting."

SECTION 5. Part 5A of Article 11 of Chapter 143B of the General Statutes is amended by adding a new section to read:

"§ 143B‑499.8. North Carolina Silver Alert System established.


(a) There is established within the North Carolina Center for Missing Persons the Silver Alert System. The purpose of the Silver Alert System is to provide a statewide system for the rapid dissemination of information regarding a missing person who is believed to be suffering from dementia or other cognitive impairment.

(b) If the Center receives a report that involves a missing person who is believed to be suffering from dementia or other cognitive impairment, for the protection of the missing person from potential abuse or other physical harm, neglect, or exploitation, the Center shall issue an alert providing for rapid dissemination of information statewide regarding the missing person. The Center shall make every effort to disseminate the information as quickly as possible when the missing person is 18 years of age or older, and the person's status as missing has been reported to a law enforcement agency.

(c) The Center shall adopt guidelines and develop procedures for issuing an alert for missing persons believed to be suffering from dementia or other cognitive impairment and shall provide education and training to encourage radio and television broadcasters to participate in the alert. The guidelines and procedures shall ensure that specific health information about the missing person is not made public through the alert or otherwise.

(d) The Center shall consult with the Department of Transportation and develop a procedure for the use of overhead permanent changeable message signs to provide information on the missing adult meeting the criteria of this section when information is available that would enable motorists to assist in the recovery of the missing person. The Center and the Department of Transportation shall develop guidelines for the content, length, and frequency of any message to be placed on an overhead permanent changeable message sign."

SECTION 6. G.S. 74C‑3(b) reads as rewritten:

"(b) "Private protective services" shall not mean any of the following:

(1) Licensed insurance adjusters legally employed as such and who engage in no other investigative activities unconnected with adjustment or claims against an insurance company; company.

(2) An officer or employee of the United States, this State, or any political subdivision of either while such officer or employee is engaged in the performance of his official duties within the course and scope of his employment with the United States, this State, or any political subdivision of either; either.

(3) A person engaged exclusively in the business of obtaining and furnishing information as to the financial rating or credit worthiness of persons; and a person who provides consumer reports in connection with:

a. Credit transactions involving the consumer on whom the information is to be furnished and involving the extensions of credit to the consumer,

b. Information for employment purposes,

c. Information for the underwriting of insurance involving the consumer,

d. Information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility, or

e. A legitimate business need for the information in connection with a business transaction involving the consumer; consumer.

(4) An attorney at law licensed to practice in North Carolina while engaged in such practice and his agent, provided said agent is performing duties only in connection with his principal's practice of law; law.

(5) The legal owner or lien holder, and his agents and employees, of personal property which has been sold in a transaction wherein a security interest in personal property has been created to secure the sales transaction, who engage in repossession of said personal property; property.

(6) Repealed by Session Laws 1989, c. 759, s. 3.

(7) Repealed by Session Laws 1981, c. 807, s. 1.

(8) Employees of a licensee who are employed exclusively as undercover agents; provided that for purposes of this section, undercover agent means an individual hired by another person, firm, association, or corporation to perform a job for that person, firm, association, or corporation and, while performing such job, to act as an undercover operative, employee, or independent contractor of a licensee, but under the supervision of a licensee; licensee.

(9) A person who is engaged in an alarm systems business subject to the provisions of Chapter 74D of the General Statutes; Statutes.

(10) A person who obtains or verifies information regarding applicants for employment, with the knowledge and consent of the applicant, and is (i) engaged in business as a private personnel service as defined in G.S. 95‑47.1 or engaged in business as a private employer fee pay personnel service, (ii) engaged in the business of obtaining or verifying information regarding applicants for employment, or (iii) an employer with whom the applicant has applied for employment; employment.

(11) A person who conducts efficiency studies. An efficiency study is an analysis of an employer's business, made at the request of the employer, to determine one or more of the following:

a. The most efficient procedures by which an employee of the business can perform the employee's assigned duties.

b. The adequacy of an employee's performance of the employee's assigned duties that require interaction with a client or customer of the business.

If a person making an efficiency study observes an instance of theft or another illegal act committed by an employee of the business, the person may report the instance to the employer without violating G.S. 74C‑3(a)(8).

(12) Research laboratories and consultants who analyze, test, or in any way apply their expertise to interpreting, evaluating, or analyzing facts or evidence submitted by another in order to determine the cause or effect of physical or psychological occurrences, and give their opinions and findings to the requesting source or to a designee of the requestor; requestor.

(13) A person who works regularly and exclusively as an employee of an employer in connection with the business affairs of that employer. If the employee is an armed security guard and wears, carries, or possesses a firearm in the performance of his duties, the provisions of G.S. 74C‑13 apply; apply.

(14) An employee of a security department of a private business that conducts investigations exclusively on matters internal to the business affairs of the business; or business.

(15) Representatives of nonprofit organizations funded all or in part by business improvement districts who provide information and directions to local tourists and residents, engage in street cleaning and beautification services within the business improvement districts, and notify local law enforcement of any illegal activity observed by the representatives within the business improvement districts.

(16) Emergency medical services personnel credentialed under Article 7 of Chapter 131E of the General Statutes who engage in search and rescue activities at the request of either the State, a political subdivision of the State, or one of the following types of facilities: an adult care home licensed under Chapter 131D of the General Statutes, a health care facility or agency licensed under Chapter 131E of the General Statutes, or a facility licensed to offer mental health, developmental disabilities, or substance abuse services under Chapter 122C of the General Statutes. For the purposes of this subdivision, 'search and rescue' means activities and documents relating to efforts to locate an individual following the individual's disappearance. This exemption shall not apply if the emergency medical services provider provides services beyond emergency search and rescue and said activities meet the definition of private protective services as defined in G.S. 74C‑3."

SECTION 7. This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 31st day of July
s/ Beverly E. Perdue President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Michael F. Easley
Governor

Approved 3:31 a.m. this 29th day of August, 2007
http://www.ncga.state.nc.us/sessions/2007/bills/house/html/h38v5.html




Silver Alert Criteria:

ALL of the following statutory criteria must be met before the N.C. Center for Missing Persons will activate a Silver Alert:

* The person is believed to be suffering from dementia or other cognitive impairment- regardless of age
* The person is believed to be missing – regardless of circumstance
* A legal custodian of the missing person has submitted a missing person's report to the local law enforcement agency where the person went missing
* Law enforcement reports the incident to the NC Center for Missing Persons

The North Carolina Center for Missing Persons is the only agency that can activate a Silver Alert and will do so ONLY at the request of an investigating law enforcement agency. It is then the responsibility of the center to determine whether there is sufficient identifying data to justify a Silver Alert activation.



http://www.nccrimecontrol.org/div/ale/missingpersons/SilverAlertBrochure3c.pdf
 
North Carolina Amber Alert

AMBER Alert Activation Criteria

ALL of the following statutory criteria (GS §143B-499.7) must be met before the NC Center for Missing Persons will activate an AMBER Alert.
The child is:
a. 17 years old or younger
b. believed to have been abducted,
c. not taken by a parent (unless the child is in danger)
d. not believed to be a runaway or voluntarily missing and the abduction has been reported to and investigated by a law enforcement agency.
The North Carolina Center for Missing Persons is the only agency that can activate an AMBER Alert and will do so ONLY at the request of an investigating law enforcement agency. It is then the responsibility of the Center to determine whether there is sufficient identifying data to justify AMBER Alert activation. For instance, there must be sufficient descriptive data on the child, abductor and/or abductor's vehicle for the public to be on the lookout for something. It does no good to activate an AMBER Alert if sufficient information can't be provided to the public.

If the abduction of the child is known or suspected to be by a parent of the child, the Center may disseminate information through the AMBER Alert System if the child is believed to be in danger of injury or death.

What to do if a child is missing
If a child is missing, family and friends should immediately notify local law enforcement. If a child is abducted, time is valuable.
• File a police or sheriff's report. Include information on where the child was last known to be, as well as names of the individual's family and friends. Provide officers with a recent photo as soon as possible. Law enforcement can immediately enter child abduction cases into the FBI's National Crime Information Center. The center allows officers nationwide to share information about endangered children, increasing the chance that the child will be found.
• Request that law enforcement put out a Be On the Look Out (BOLO) Bulletin
• Ask for an organized search with the use of tracking dogs if possible.
• Limit access to your home until law enforcement investigators arrive and have collected evidence. Do not touch or remove anything from your child's room or your home. There may be clues to the whereabouts of your child.
• Give investigator all facts and circumstances related to disappearance including what efforts have already been made.
• Write a detailed description of clothing worn by the child and any personal items your child had at the time of his or her disappearance. Note any birthmarks, scars, tattoos, or mannerisms, and supply any photo that may show the marks. Give this information to the investigator.
• Make copies of recent photos for law enforcement, news media, the N.C. Center for Missing Persons, the National Center for Missing and Exploited Children and any volunteer groups aiding in the search.
• Designate one person to answer your telephone. Keep a pad of paper by the phone to jot down names, telephone numbers, date and time of calls and the purpose of the call. You may want to get law enforcement to put a tracer on your phone and get an answering machine that will tape calls. You may also want to add caller ID. If you do not have a cell phone, you may want to get one so that you can be reached at any time.
• For cases that are older than 30 days, help officers locate dental and medical records.



http://www.nccrimecontrol.org/Index2.cfm?a=000003,000005,000081,000103
 
What to do if an adult is missing


If a loved one is missing, family and friends should immediately notify local law enforcement. When a person is abducted, time is valuable.

  • File a police or sheriff's report. Include information on where the missing person was last known to be, as well as names of the individual's family and friends. Provide officers with a recent photo as soon as possible.
  • Request that law enforcement put out a Be On the Look Out (BOLO) Bulletin
  • Ask for an organized search with the use of tracking dogs if possible.
  • If the missing person has alzheimer's or some other cognitive impairement, ask local law enforcement to have a Silver Alert issued.
  • Limit access to your home until law enforcement investigators arrive and have collected evidenc
  • Give investigator all facts and circumstances related to disappearance including what efforts have already been made.
  • Write a detailed description of clothing and any personal belongings the person may have. Note any birthmarks, scars, tattoos, or mannerisms, and supply any photo that may show the marks. Give this information to the investigator.
  • Designate one person to answer your telephone. Keep a pad of paper by the phone to jot down names, telephone numbers, date and time of calls and the purpose of the call. You may want to get law enforcement to put a tracer on your phone and get an answering machine that will tape calls. You may also want to add caller ID. If you do not have a cell phone, you may want to get one so that you can be reached at any time.
  • For cases that are older than 30 days, help officers locate dental and medical records.

Go to The National Center for Missing Adults for more tips on what to do if an adult missing.

N.C. Center for Missing Persons: 1-800-522-5437 or 919-733-3914
National Center for Missing Adults: 1-800–690-FIND or 1-602-749-2000
 
GENERAL ASSEMBLY OF NORTH CAROLINA
1985 SESSION
CHAPTER 1000
HOUSE BILL 2081

AN ACT TO EXPAND THE NORTH CAROLINA CENTER FOR MISSING
CHILDREN TO INCLUDE MISSING PERSONS.
The General Assembly of North Carolina enacts:
Section 1. Part 5A of Chapter 143B is amended by rewriting that Part to
read: "Part 5A."North Carolina Center for Missing Persons.


"§ 143B-495. North Carolina Center for Missing Persons established. – There is
established within the Department of Crime Control and Public Safety the NorthCarolina Center for Missing Persons, which shall be organized and staffed in accordance with applicable laws. The purpose of the Center is to serve as a central repository for information regarding missing persons and missing children, with special emphasis on missing children. The Center may utilize the Federal Bureau of Investigation/National Crime Information Center's missing person computerized file (hereinafter referred to as FBI/NCIC) through the use of the Police Information Network in the North Carolina Department of Justice.

"§ 143B-496. Definitions. – For the purposes of this act:
(1) 'Missing child' means a juvenile as defined in G.S. 7A- 517(20) whose
location has not been determined, who has been reported as missing to a law
enforcement agency, and whose parent's, spouse's, guardian's, or legal custodian's temporary or permanent residence is in North Carolina or is believed to be in NorthCarolina.
(2)'Missing person' means any individual who is 18 years of age or older, whose temporary or permanent residence is in North Carolina, or is believed to be in North Carolina, whose location has not been determined, and who has been reported as missing to a law enforcement agency.
(3)'Missing person report' is a report prepared on a prescribed form for transmitting information about a missing person or a missing child to an appropriate law enforcement agency.

"§ 143B-497. Control of the Center.–The Center is under the direction of the Secretary of the Department of Crime Control and Public Safety and may be organized and structured in a manner as the Secretary deems appropriate to ensure that the objectives of the Center are achieved. The Secretary may employ those Center personnel as the General Assembly may authorize and provide funding for.

"§ 143B-498. Secretary to adopt rules.–The Secretary shall adopt rules prescribing:
(1)procedures for accepting and disseminating information maintained at the
Center;
(2) the confidentiality of the data and information, including the missing person report, maintained by the Center;
(3)the proper disposition of all obsolete data, including the missing person
report; provided, data for an individual who has reached the age of 18 and remains missing must be preserved;
(4) procedures allowing a communication link with the Police Information
Network and the FBI/NCIC's missing person file to ensure compliance with FBI/NCIC policies; and
(5) forms, including but not limited to a missing person report, considered
necessary for the efficient and proper operation of the Center.

"§ 143B-499. Submission of missing person reports to the Center. – Any parent, spouse, guardian, or legal custodian may submit a missing person report to the Center of any missing child or missing person, regardless of the circumstances, after having first submitted a missing person report on the individual to the law enforcement agency having jurisdiction of the area in which the individual became or is believed to have become missing,regardless of the circumstances.

"§ 143B-499.1. Dissemination of missing persons data by law enforcement agencies. – A law enforcement agency, upon receipt of a missing person report by a parent, spouse, guardian, or legal custodian, shall immediately make arrangements for the entry of data about the missing person or missing child into the national missing persons file in accordance with criteria set forth by the FBI/NCIC, immediately inform all of its on-duty law enforcement officers of the missing person report, initiate a statewide broadcast to all appropriate law enforcement agencies to be on the lookout for the individual, and transmit a copy of the report to the Center.

"§ 143B-499.2. Responsibilities of Center. – The Center shall: (1)Assist local law enforcement agencies with entering data about missing persons or missing children into the national missing persons file, ensure that proper
entry criteria have been met as set forth by the FBI/NCIC, and confirm entry of the data about the missing persons or missing children;
(2)Gather and distribute information and data on missing children and missing
persons;
(3)Encourage research and study of missing children and missing persons,
including the prevention of child abduction and the prevention of the exploitation of missing children;
(4)Serve as a statewide resource center to assist local communities in programs and initiatives to prevent child abduction and the exploitation of missing children;
(5)Continue increasing public awareness of the reasons why children are missing and vulnerability of missing children;
(6)Achieve maximum cooperation with other agencies of the State, with
agencies of other states and the federal government and with the National Center for Missing and Exploited Children in rendering assistance to missing children and missing persons and their parents, guardians, spouses, or legal custodians; and cooperate with interstate and federal efforts to identify deceased individuals;
(7)Forward the appropriate information to the Police Information Network to
assist it in maintaining and publishing a bulletin of currently missing children and missing persons;
(8)Maintain a directory of existing public and private agencies, groups, and
individuals that provide effective assistance to families in the areas of prevention of child abduction, location of missing children and missing persons, and follow-up services to the child or person and family, as determined by the Secretary of Crime Control and Public Safety;
(9)Annually compile and publish reports on the actual number of children and
persons missing each year, listing the categories and causes, when known, for the disappearances;
(10) Provide follow-up referrals for services to missing children or persons and
their families;
(11) Maintain a toll-free 1-800 telephone service that will be in service at all
times; and
(12) Perform such other activities that the Secretary of Crime Control and Public Safety considers necessary to carry out the intent of its mandate.

"§ 143B-499.3. Duty of individuals to notify Center and law enforcement agency when missing person has been located.–Any parent, spouse, guardian, or legal custodian who submits a missing person report to a law enforcement agency or to the Center, shall immediately notify the law enforcement agency and the Center of any individual whose location has been determined. The Center shall confirm the deletion of the individual's records from the FBI/NCIC's missing person file, as long as there are no
grounds for criminal prosecution, and follow up with the local law nforcement agency having jurisdiction of the records.

"§ 143B-499.4. Release of information by Center.–The following may make inquiries of, and receive data or information from, the Center:
(1)Any police, law enforcement, or criminal justice agency investigating a report of a missing or unidentified person or child, whether living or deceased.
(2)A court, upon a finding by the court that access to the data, information, or records of the Center may be necessary for the determination of an issue before the court.
(3)Any district attorney of a judicial district in this State or the district attorney's designee or representative.
(4)Any person engaged in bona fide research when approved by the Secretary;provided, no names or addresses may be supplied to this person.
(5)Any other person authorized by the Secretary of the Department of Crime Control and Public Safety pursuant to G.S. 243B-498(1).

"§ 143B-499.5.Provision of toll-free service; instructions to callers; communication with law enforcement agencies. – The Center shall provide a toll-free telephone line for anyone to report the disappearance of any individual or the sighting of any missing child or missing person. The Center personnel shall instruct the caller, in the case of a report concerning the disappearance of an individual, of the requirements contained in G.S. 143B-499.3 of first having to submit a missing person report on the individual to the law enforcement agency having jurisdiction of the area in which the individual became or is believed to have become missing. Any law enforcement agency may retrieve information imparted to the Center by means of this phone line. The Center shall directly communicate any report of a sighting of a missing person or a missing child to the law enforcement agency having jurisdiction in the area of
disappearance or sighting.

"§ 143-499.6. Improper release of information; penalty. – Any person working under the supervision of the Director of Victims and Justice Services who knowingly and willfully releases, or authorizes the release of, any data, information, or records maintained or possessed by the Center to any agency, entity, or person other than as specifically permitted by Part 5A or in violation of any rule adopted by the Secretary is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000),
imprisonment of no less than 30 days nor more than 90 days, or both." Sec. 2. This act is effective upon ratification.In the General Assembly read three times and ratified, this the 12th day of
July, 1986
http://www.ncga.state.nc.us/enactedlegislation/sessionlaws/pdf/1985-1986/sl1985-1000.pdf
 
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
SESSION LAW 2003-376
HOUSE BILL 79
AN ACT TO REQUIRE THAT A DNA SAMPLE BE TAKEN FROM ANY PERSON
CONVICTED OF ANY FELONY OR CERTAIN OTHER CRIMINAL OFFENSES
OR WHO IS FOUND NOT GUILTY BY REASON OF INSANITY OF ANY
FELONY OR CERTAIN OTHER CRIMINAL OFFENSES, TO CLARIFY WHEN
THAT SAMPLE IS TAKEN, AND TO CLARIFY CONFIDENTIALITY.


The General Assembly of North Carolina enacts:
SECTION 1. G.S. 15A-266.1 reads as rewritten:

"§ 15A-266.1. Policy.
It is the policy of the State to assist federal, State, and local criminal justice and law enforcement agencies in the identification, detection, or exclusion of individuals who are subjects of the investigation or prosecution of felonies or violent crimes against the person. Identification, detection, and exclusion is facilitated by the analysis of biological evidence that is often left by the perpetrator or is recovered from the crime scene. The analysis of biological evidence can also be used to identify missing persons and victims
of mass disasters."

http://www.ncleg.net/enactedlegislation/sessionlaws/pdf/2003-2004/sl2003-376.pdf
 
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
SESSION LAW 2001-291
HOUSE BILL 275
AN ACT TO DECRIMINALIZE ABANDONMENT OF AN INFANT UNDER CERTAIN CIRCUMSTANCES AND TO MODIFY SOME PROCEDURES INVOLVING ABANDONED JUVENILES.
(applicable section)

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 7B 302(a) reads as rewritten:

"(a) When a report of abuse, neglect, or dependency is received, the director of the department of social services shall make a prompt and thorough investigation in order to ascertain the facts of the case, the extent of the abuse or neglect, and the risk of harm to the juvenile, in order to determine whether protective services should be provided or the complaint filed as a petition. When the report alleges abuse, the director shall immediately, but no later than 24 hours after receipt of the report, initiate the investigation. When the report alleges neglect or dependency, the director shall initiate the investigation within 72 hours following receipt of the report. When the report alleges abandonment, the director shall immediately initiate an investigation, take appropriate steps to assume temporary custody of the juvenile, and take appropriate steps to secure an order for nonsecure custody of the juvenile. The investigation and evaluation shall include a visit to the place where the juvenile resides. When the report alleges abandonment, the investigation shall include a request from the director to law enforcement officials to investigate through the North Carolina Center for Missing Persons and other national and State resources whether the juvenile is a missing child. All information received by the department of social services, including the identity of the reporter, shall be held in strictest confidence by the department."

http://www.ncleg.net/Sessions/2001/Bills/House/HTML/H275v7.html
 
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