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HF 237

as introduced - 88th Legislature (2013 - 2014) Posted on 01/31/2013 01:22pm

KEY: stricken = removed, old language. underscored = added, new language.

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Current Version - as introduced

1.1A bill for an act
1.2relating to public safety; modifying provisions related to the transfer of pistols
1.3and semiautomatic military-style assault weapons, and to eligibility to possess
1.4a firearm; providing criminal penalties;amending Minnesota Statutes 2012,
1.5sections 624.713, subdivisions 1, 4; 624.7131, subdivisions 1, 4, 5, 7, 9, 10;
1.6624.7132, subdivisions 1, 3, 4, 5, 6, 8, 12, 13, 15, by adding a subdivision;
1.7repealing Minnesota Statutes 2012, sections 609.66, subdivision 1f; 624.7132,
1.8subdivision 14.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10    Section 1. Minnesota Statutes 2012, section 624.713, subdivision 1, is amended to read:
1.11    Subdivision 1. Ineligible persons. The following persons shall not be entitled to
1.12possess a pistol or semiautomatic military-style assault weapon or, except for clause (1),
1.13any other firearm:
1.14(1) a person under the age of 18 years except that a person under 18 may carry or
1.15possess a pistol or semiautomatic military-style assault weapon or other lawful firearm (i)
1.16in the actual presence or under the direct supervision of the person's parent or guardian,
1.17(ii) for the purpose of military drill under the auspices of a legally recognized military
1.18organization and under competent supervision, (iii) for the purpose of instruction,
1.19competition, or target practice on a firing range approved by the chief of police or county
1.20sheriff in whose jurisdiction the range is located and under direct supervision; or (iv) if
1.21the person has successfully completed a course designed to teach marksmanship and
1.22safety with a pistol or semiautomatic military-style assault weapon and approved by the
1.23commissioner of natural resources;
1.24(2) except as otherwise provided in clause (9), a person who has been convicted of,
1.25or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing,
1.26in this state or elsewhere, a crime of violence. For purposes of this section, crime of
2.1violence includes crimes in other states or jurisdictions which would have been crimes of
2.2violence as herein defined if they had been committed in this state;
2.3(3) a person who is or has ever been confined or committed in Minnesota or
2.4elsewhere by a judicial determination that the person who is mentally ill, developmentally
2.5disabled, or mentally ill and dangerous to the public, as defined in section 253B.02, to a
2.6treatment facility, or who has ever been found incompetent to stand trial or not guilty by
2.7reason of mental illness, unless the person's ability to possess a firearm has been restored
2.8under subdivision 4;
2.9(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
2.10gross misdemeanor violation of chapter 152, unless three years have elapsed since the date
2.11of conviction and, during that time, the person has not been convicted of any other such
2.12violation of chapter 152 or a similar law of another state; or a person who is or has ever
2.13been hospitalized or committed by a judicial determination for treatment for the habitual
2.14use of a controlled substance or marijuana, as defined in sections 152.01 and 152.02,
2.15unless the person's ability to possess a firearm has been restored under subdivision 4;
2.16(5) a person who is or has ever been confined or committed to a treatment facility
2.17in Minnesota or elsewhere by a judicial determination that the person is as chemically
2.18dependent as defined in section 253B.02, unless the person has completed treatment or the
2.19person's ability to possess a firearm has been restored under subdivision 4. Property rights
2.20may not be abated but access may be restricted by the courts;
2.21(6) a peace officer who is informally admitted to a treatment facility pursuant to
2.22section 253B.04 for chemical dependency, unless the officer possesses a certificate from
2.23the head of the treatment facility discharging or provisionally discharging the officer from
2.24the treatment facility. Property rights may not be abated but access may be restricted
2.25by the courts;
2.26(7) a person, including a person under the jurisdiction of the juvenile court, who
2.27has been charged with committing a crime of violence and has been placed in a pretrial
2.28diversion program by the court before disposition, until the person has completed the
2.29diversion program and the charge of committing the crime of violence has been dismissed;
2.30(8) except as otherwise provided in clause (9), a person who has been convicted in
2.31another state of committing an offense similar to the offense described in section 609.224,
2.32subdivision 3
, against a family or household member or section 609.2242, subdivision
2.333
, unless three years have elapsed since the date of conviction and, during that time, the
2.34person has not been convicted of any other violation of section 609.224, subdivision 3, or
2.35609.2242, subdivision 3 , or a similar law of another state;
3.1(9) a person who has been convicted in this state or elsewhere of assaulting a family
3.2or household member and who was found by the court to have used a firearm in any way
3.3during commission of the assault is prohibited from possessing any type of firearm for the
3.4period determined by the sentencing court;
3.5(10) a person who:
3.6(i) has been convicted in any court of a crime punishable by imprisonment for a
3.7term exceeding one year;
3.8(ii) is a fugitive from justice as a result of having fled from any state to avoid
3.9prosecution for a crime or to avoid giving testimony in any criminal proceeding;
3.10(iii) is an unlawful user of any controlled substance as defined in chapter 152;
3.11(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
3.12as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
3.13the public, as defined in section 253B.02;
3.14(v) is an alien who is illegally or unlawfully in the United States;
3.15(vi) has been discharged from the armed forces of the United States under
3.16dishonorable conditions; or
3.17(vii) has renounced the person's citizenship having been a citizen of the United
3.18States; or
3.19(11) a person who has been convicted of the following offenses at the gross
3.20misdemeanor level, unless three years have elapsed since the date of conviction and, during
3.21that time, the person has not been convicted of any other violation of these sections: section
3.22609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults
3.23motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a
3.24child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring
3.25gun); 609.71 (riot); or 609.749 (stalking). For purposes of this paragraph, the specified
3.26gross misdemeanor convictions include crimes committed in other states or jurisdictions
3.27which would have been gross misdemeanors if conviction occurred in this state.
3.28A person who issues a certificate pursuant to this section in good faith is not liable
3.29for damages resulting or arising from the actions or misconduct with a firearm committed
3.30by the individual who is the subject of the certificate.
3.31The prohibition in this subdivision relating to the possession of firearms other than
3.32pistols and semiautomatic military-style assault weapons does not apply retroactively
3.33to persons who are prohibited from possessing a pistol or semiautomatic military-style
3.34assault weapon under this subdivision before August 1, 1994.
3.35The lifetime prohibition on possessing, receiving, shipping, or transporting firearms
3.36for persons convicted or adjudicated delinquent of a crime of violence in clause (2),
4.1applies only to offenders who are discharged from sentence or court supervision for a
4.2crime of violence on or after August 1, 1993.
4.3For purposes of this section, "judicial determination" means a court proceeding
4.4pursuant to sections 253B.07 to 253B.09 or a comparable law from another state.

4.5    Sec. 2. Minnesota Statutes 2012, section 624.713, subdivision 4, is amended to read:
4.6    Subd. 4. Restoration of firearms eligibility to civilly committed person;
4.7petition authorized. (a) A person who is prohibited from possessing a firearm under
4.8subdivision 1, due to commitment resulting from a judicial determination that the person
4.9is, hospitalization, or confinement based on the person being mentally ill, developmentally
4.10disabled, mentally ill and dangerous, or chemically dependent, may petition a court to
4.11restore the person's ability to possess a firearm.
4.12(b) The court may grant the relief sought in paragraph (a) in accordance with
4.13the principles of due process if the circumstances regarding the person's disqualifying
4.14condition and the person's record and reputation are determined to be such that:
4.15(1) the person is not likely to act in a manner that is dangerous to public safety; and
4.16(2) the granting of relief would not be contrary to the public interest.
4.17(c) When determining whether a person has met the requirement of paragraph (b),
4.18clause (1), the court may consider evidence from a licensed medical doctor or clinical
4.19psychologist that the person is no longer suffering from the disease or condition that
4.20caused the disability or that the disease or condition has been successfully treated for a
4.21period of three consecutive years.
4.22(d) Review on appeal shall be de novo.

4.23    Sec. 3. Minnesota Statutes 2012, section 624.7131, subdivision 1, is amended to read:
4.24    Subdivision 1. Information. (a) Any person may apply for a transferee permit by
4.25providing the following information in writing to the chief of police of an organized full
4.26time police department of the municipality in which the person resides or to the county
4.27sheriff if there is no such local chief of police:
4.28(1) the name, residence, telephone number, and driver's license number or
4.29nonqualification certificate number, if any, of the proposed transferee;
4.30(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing
4.31physical characteristics, if any, of the proposed transferee;
4.32(3) a statement that the proposed transferee authorizes the release to the local police
4.33authority of commitment information about the proposed transferee maintained by the
4.34commissioner of human services, to the extent that the information relates to the proposed
5.1transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon
5.2under section 624.713, subdivision 1; and
5.3(4) a statement by the proposed transferee that the proposed transferee is not
5.4prohibited by section 624.713 any state or federal law from possessing a pistol or
5.5semiautomatic military-style assault weapon.
5.6(b) In addition to the requirements described in paragraph (a), the proposed
5.7transferee shall submit an accurate photocopy of the person's current driver's license, state
5.8identification card, or the photo page of the person's passport.
5.9(c) The statements shall be signed and dated by the person applying for a permit. At
5.10the time of application, the local police authority shall provide the applicant with a dated
5.11receipt for the application. The statement under paragraph (a), clause (3), must comply
5.12with any applicable requirements of Code of Federal Regulations, title 42, sections 2.31 to
5.132.35 , with respect to consent to disclosure of alcohol or drug abuse patient records.

5.14    Sec. 4. Minnesota Statutes 2012, section 624.7131, subdivision 4, is amended to read:
5.15    Subd. 4. Grounds for disqualification. A determination by the chief of police or
5.16sheriff that the applicant is prohibited by section 624.713 any state or federal law from
5.17possessing a pistol or semiautomatic military-style assault weapon shall be the only basis
5.18for refusal to grant a transferee permit.

5.19    Sec. 5. Minnesota Statutes 2012, section 624.7131, subdivision 5, is amended to read:
5.20    Subd. 5. Granting of permits. (a) Except as provided in paragraph (b), the chief
5.21of police or sheriff shall issue a transferee permit or deny the application within seven
5.22days of application for the permit. The chief of police or sheriff shall provide an applicant
5.23with written notification of a denial and the specific reason for the denial. The permits and
5.24their renewal shall be granted free of charge for a fee set by the chief of police or sheriff
5.25in an amount not to exceed $25.
5.26(b) If a chief of police or sheriff is unable to verify a proposed transferee's identity or
5.27criminal record within the seven-business-day requirement described in paragraph (a),
5.28the chief of police or sheriff may require the transferee to appear in person to present a
5.29current driver's license, state identification card, or passport, and, if deemed necessary, to
5.30be fingerprinted. If this occurs, the chief of police or sheriff shall notify the transferor of
5.31this in writing, and the seven-business-day requirement is extended to 30 days.

5.32    Sec. 6. Minnesota Statutes 2012, section 624.7131, subdivision 7, is amended to read:
6.1    Subd. 7. Permit voided. The transferee permit shall be void at the time that the
6.2holder becomes prohibited from possessing a pistol under section 624.713 any state or
6.3federal law, in which event the holder shall return the permit within five days to the issuing
6.4authority. Failure of the holder to return the permit within the five days is a misdemeanor
6.5unless the court finds that the circumstances or the physical or mental condition of the
6.6permit holder prevented the holder from complying with the return requirement.

6.7    Sec. 7. Minnesota Statutes 2012, section 624.7131, subdivision 9, is amended to read:
6.8    Subd. 9. Permit to carry. A valid permit to carry issued within the 12 months
6.9immediately preceding the transfer pursuant to section 624.714 constitutes a transferee
6.10permit for the purposes of this section and section 624.7132.

6.11    Sec. 8. Minnesota Statutes 2012, section 624.7131, subdivision 10, is amended to read:
6.12    Subd. 10. Transfer report not required. A person who transfers a pistol or
6.13semiautomatic military-style assault weapon to a person exhibiting a valid transferee
6.14permit issued pursuant to this section or a valid permit to carry issued within the 12
6.15months immediately preceding the transfer pursuant to section 624.714 is not required to
6.16file a transfer report pursuant to section 624.7132, subdivision 1.

6.17    Sec. 9. Minnesota Statutes 2012, section 624.7132, subdivision 1, is amended to read:
6.18    Subdivision 1. Required information. (a) Except as provided in this section
6.19and section 624.7131, every person who agrees to transfer a pistol or semiautomatic
6.20military-style assault weapon shall report the following information in writing to the
6.21chief of police of the organized full-time police department of the municipality where the
6.22proposed transferee resides or to the appropriate county sheriff if there is no such local
6.23chief of police:
6.24(1) the name, residence, telephone number, and driver's license number or
6.25nonqualification certificate number, if any, of the proposed transferee;
6.26(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing
6.27physical characteristics, if any, of the proposed transferee;
6.28(3) a statement that the proposed transferee authorizes the release to the local police
6.29authority of commitment information about the proposed transferee maintained by the
6.30commissioner of human services, to the extent that the information relates to the proposed
6.31transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon
6.32under section 624.713, subdivision 1;
7.1(4) a statement by the proposed transferee that the transferee is not prohibited
7.2by section 624.713 any state or federal law from possessing a pistol or semiautomatic
7.3military-style assault weapon; and
7.4(5) the address of the place of business of the transferor.
7.5(b) In addition to the requirements described in paragraph (a), the proposed
7.6transferee shall submit an accurate photocopy of the person's current driver's license, state
7.7identification card, or the photo page of the person's passport.
7.8(c) The report shall be signed and dated by the transferor and the proposed transferee.
7.9The report shall be delivered by the transferor to the chief of police or sheriff no later
7.10than three days after the date of the agreement to transfer, excluding weekends and legal
7.11holidays. The statement under paragraph (a), clause (3), must comply with any applicable
7.12requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect
7.13to consent to disclosure of alcohol or drug abuse patient records.

7.14    Sec. 10. Minnesota Statutes 2012, section 624.7132, subdivision 3, is amended to read:
7.15    Subd. 3. Notification. The chief of police or sheriff shall notify the transferor and
7.16proposed transferee in writing as soon as possible if the chief or sheriff determines that
7.17the proposed transferee is prohibited by section 624.713 any state or federal law from
7.18possessing a pistol or semiautomatic military-style assault weapon. The notification to the
7.19transferee shall specify the grounds for the disqualification of the proposed transferee and
7.20shall set forth in detail the transferee's right of appeal under subdivision 13.

7.21    Sec. 11. Minnesota Statutes 2012, section 624.7132, subdivision 4, is amended to read:
7.22    Subd. 4. Delivery. (a) Except as otherwise provided in this subdivision 7 or
7.23 subdivision 8, no person shall deliver a pistol or semiautomatic military-style assault
7.24weapon to a proposed transferee until five seven business days after the date the
7.25agreement to transfer is delivered to a chief of police or sheriff in accordance with
7.26subdivision 1 unless the chief of police or sheriff waives all or a portion of the seven-day
7.27 seven-business-day waiting period. The chief of police or sheriff may waive all or a
7.28portion of the five business day seven-business-day waiting period in writing if the chief
7.29of police or sheriff finds that the transferee requires access to a pistol or semiautomatic
7.30military-style assault weapon because of a threat to the life of the transferee or of any
7.31member of the household of the transferee.
7.32(b) If a chief of police or sheriff is unable to verify a proposed transferee's identity or
7.33criminal record within the seven-business-day requirement described in paragraph (a),
7.34the chief of police or sheriff may require the transferee to appear in person to present a
8.1current driver's license, state identification card, or passport, and, if deemed necessary, to
8.2be fingerprinted. If this occurs, the chief of police or sheriff shall notify the transferor of
8.3this in writing, and the seven-business-day requirement is extended to 30 days.
8.4(c) No person shall deliver a pistol or semiautomatic military-style assault weapon to
8.5a proposed transferee after receiving a written notification that the chief of police or sheriff
8.6has determined that the proposed transferee is prohibited by section 624.713 any state or
8.7federal law from possessing a pistol or semiautomatic military-style assault weapon.
8.8(d) If the transferor makes a report of transfer and receives no written notification
8.9of disqualification of the proposed transferee and no written notification as described
8.10in paragraph (b) within five seven business days after delivery of the agreement to
8.11transfer, the pistol or semiautomatic military-style assault weapon may be delivered to
8.12the transferee. If the transferor receives the written notification described in paragraph
8.13(b), the seven-business-day period is extended to 30 days.

8.14    Sec. 12. Minnesota Statutes 2012, section 624.7132, subdivision 5, is amended to read:
8.15    Subd. 5. Grounds for disqualification. A determination by the chief of police or
8.16sheriff that the proposed transferee is prohibited by section 624.713 any state or federal
8.17law from possessing a pistol or semiautomatic military-style assault weapon shall be the
8.18sole basis for a notification of disqualification under this section.

8.19    Sec. 13. Minnesota Statutes 2012, section 624.7132, subdivision 6, is amended to read:
8.20    Subd. 6. Transferee permit. If a chief of police or sheriff determines that a
8.21transferee is not a person prohibited by section 624.713 any state or federal law from
8.22possessing a pistol or semiautomatic military-style assault weapon, the transferee may,
8.23within 30 days after the determination, apply to that chief of police or sheriff for a
8.24transferee permit, and the permit shall be issued.

8.25    Sec. 14. Minnesota Statutes 2012, section 624.7132, is amended by adding a
8.26subdivision to read:
8.27    Subd. 7a. Transfer by or to licensed dealers only. No person shall transfer a pistol
8.28or semiautomatic military-style assault weapon unless the transferor or the transferee
8.29is a federally licensed firearms dealer. Where neither party to a prospective pistol or
8.30semiautomatic military-style assault weapon transfer is a federally licensed firearms
8.31dealer, the parties shall complete the transfer through a federally licensed firearms dealer
8.32as follows:
9.1(1) the transferor shall deliver the pistol or semiautomatic military-style assault
9.2weapon and a valid transferee permit or report of transfer to a federally licensed firearms
9.3dealer, who shall retain possession of that pistol or semiautomatic military-style assault
9.4weapon until the transaction is completed or as provided in clause (3);
9.5(2) the federally licensed dealer shall comply with this section and federal law as
9.6if the dealer had agreed to directly transfer the pistol or semiautomatic military-style
9.7assault weapon to the proposed transferee;
9.8(3) if the dealer cannot legally deliver the pistol or semiautomatic military-style
9.9assault weapon to the proposed transferee or otherwise chooses not to complete the
9.10transaction, the dealer shall conduct a background check in accordance with federal law
9.11and file a report of transfer to transfer the pistol or semiautomatic military-style assault
9.12weapon back to the original transferor. If the original transferor is prohibited by any state
9.13or federal law from possessing a pistol or semiautomatic military-style assault weapon, the
9.14dealer shall transfer the firearm to the chief of police or sheriff within 24 hours;
9.15(4) a dealer who denies transfer of a pistol or semiautomatic military-style assault
9.16weapon shall immediately report the identity of the proposed transferee, and the date,
9.17time, and place of the attempted transfer to the local law enforcement agency where
9.18the dealer is located; and
9.19(5) the dealer may require the proposed transferee to pay a fee of no more than $25
9.20when assisting with a transfer under this subdivision.

9.21    Sec. 15. Minnesota Statutes 2012, section 624.7132, subdivision 8, is amended to read:
9.22    Subd. 8. Report not required. If the proposed transferee presents a valid transferee
9.23permit issued under section 624.7131 or a valid permit to carry issued within the 12
9.24months immediately preceding the transfer under section 624.714, the transferor need
9.25not file a transfer report.

9.26    Sec. 16. Minnesota Statutes 2012, section 624.7132, subdivision 12, is amended to read:
9.27    Subd. 12. Exclusions. (a) For purposes of this subdivision, "relative" means a parent,
9.28stepparent, child, stepchild, brother, sister, grandparent, or grandchild by blood or marriage.
9.29Except as otherwise provided in section 609.66, subdivision 1f, (b) This section shall
9.30not apply to transfers of antique firearms as curiosities or for their historical significance
9.31or value, transfers to or between federally licensed firearms dealers, transfers by order of
9.32court, involuntary transfers, transfers at death or the following transfers:
9.33(1) a transfer by a person other than a federally licensed firearms dealer to a relative
9.34who is not ineligible to possess a firearm under state or federal law;
10.1(2) a loan to a prospective transferee if the loan is intended for a period of no more
10.2than one day;
10.3(3) the delivery of a pistol or semiautomatic military-style assault weapon to a
10.4person for the purpose of repair, reconditioning or remodeling;
10.5(4) a loan by a teacher to a student in a course designed to teach marksmanship or
10.6safety with a pistol and approved by the commissioner of natural resources;
10.7(5) a loan between persons at a firearms collectors exhibition if the loan is intended
10.8for a period of no more than 24 hours;
10.9(6) a loan between persons lawfully engaged in hunting or target shooting if the loan
10.10is intended for a period of no more than 12 hours;
10.11(7) a loan between law enforcement officers who have the power to make arrests
10.12other than citizen arrests; and
10.13(8) a loan between employees or between the employer and an employee in a
10.14business if the employee is required to carry a pistol or semiautomatic military-style assault
10.15weapon by reason of employment and is the holder of a valid permit to carry a pistol.

10.16    Sec. 17. Minnesota Statutes 2012, section 624.7132, subdivision 13, is amended to read:
10.17    Subd. 13. Appeal. A person aggrieved by the determination of a chief of police
10.18or sheriff that the person is prohibited by section 624.713 any state or federal law from
10.19possessing a pistol or semiautomatic military-style assault weapon may appeal the
10.20determination as provided in this subdivision. The district court shall have jurisdiction of
10.21proceedings under this subdivision.
10.22On review pursuant to this subdivision, the court shall be limited to a determination
10.23of whether the proposed transferee is a person prohibited from possessing a pistol or
10.24semiautomatic military-style assault weapon by section 624.713 any state or federal law.

10.25    Sec. 18. Minnesota Statutes 2012, section 624.7132, subdivision 15, is amended to read:
10.26    Subd. 15. Penalties. (a) Except as otherwise provided in paragraph (b), a person
10.27who does any of the following is guilty of a gross misdemeanor:
10.28(1) transfers a pistol or semiautomatic military-style assault weapon in violation
10.29of subdivisions 1 to 13;
10.30(2) transfers a pistol or semiautomatic military-style assault weapon to a person who
10.31has made a false statement in order to become a transferee, if the transferor knows or has
10.32reason to know the transferee has made the false statement;
10.33(3) knowingly becomes a transferee in violation of subdivisions 1 to 13; or
11.1(4) makes a false statement in order to become a transferee of a pistol or
11.2semiautomatic military-style assault weapon knowing or having reason to know the
11.3statement is false.
11.4(b) A person who does either any of the following is guilty of a felony:
11.5(1) transfers a pistol or semiautomatic military-style assault weapon to a person
11.6under the age of 18 in violation of subdivisions 1 to 13; or
11.7(2) transfers a pistol or semiautomatic military-style assault weapon to a person
11.8under the age of 18 who has made a false statement in order to become a transferee, if the
11.9transferor knows or has reason to know the transferee has made the false statement;
11.10(3) transfers a pistol or a semiautomatic military-style assault weapon to another in
11.11violation of this section if: (i) the person knows or has reason to know that the transferee is
11.12prohibited under state or federal law from possessing a firearm; and (ii) the transferee uses
11.13the weapon within one year after the transfer in furtherance of a felony crime of violence; or
11.14(4) violates paragraph (a), clause (1) or (3), after having been previously convicted
11.15or adjudicated delinquent for a violation of this section or section 624.7131.
11.16EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
11.17committed on or after that date.

11.18    Sec. 19. REPEALER.
11.19Minnesota Statutes 2012, sections 609.66, subdivision 1f; and 624.7132, subdivision
11.2014, are repealed.

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