Thursday, March 20, 2014

Can I Have Two VIN's On My Car or a VIN That Does Not Meet NHTSA's Requirements?

Vehicles over 25 years old are not required to meet FMVSS standards. Vehicles over 21 years old are exempt from EPA requirements in original configuration. This handles the import side. Each state handles title and registration. They may have some specific title requirements, but please read this newsletter from the NHTSA before they "assign" a VIN to your vehicle. At a state DMV it is easier for the person at the desk to deny you, than help you. So keep this in mind when trying to register cars over 25 years old.

For more information about legal 25 year old vehicle import, check us out on Facebook
https://www.facebook.com/importavehicle


Wednesday, March 12, 2014

How to obtain a copy of a Certificate of Conformity for a light-duty vehicle (car, truck, or motorcycle)

A Certificate of Conformity is the document that EPA issues to a vehicle manufacturer to certify that a vehicle class conforms to EPA requirements. Every class of motor vehicle introduced into commerce in the United States must have a Certificate of Conformity. Certificates are valid for only one model year of production.
If you are exporting a motor vehicle from the U.S. to another country, they may require certification data for your motor vehicle. A Certificate of Conformity and Certificate Summary Information (or summary sheet data) will contain the emission standards the motor vehicle was certified to.
To request or find a Certificate of Conformity or Certificate Summary Information sheet, you need to know the Test Group number (for light-duty cars and trucks – model year 2001 or later) or the Engine Family number (for pre-2001 light-duty cars and trucks). This information is listed on the “Vehicle Emission Information” label/sticker located under the vehicle’s hood. The number has 11 characters using both numbers and letters. If your vehicle is missing the emission label you may be able to order a new one from your U.S. dealer or you can contact the manufacturer directly for the Test Group number for your particular vehicle.

Certificates of Conformity and Certificate Summary Information sheets are available on EPA’s Web site for model years 2003 and later.

  • Go to http://iaspub.epa.gov/otaqpub/pubadvsearch.jsp (the Advanced Search page).
  • Choose “Certificates of Conformity” for Compliance Document Type.
  • Choose the industry (e.g., “Light-duty Vehicles and Trucks” for passenger cars, trucks, vans, and SUVs).
  • Choose the appropriate model year of the vehicle.
  • Choose the appropriate manufacturer of the vehicle.
  • Type in the vehicle model.
  • Skip the “Keyword Search”, “Engine Displacement", "Number of Cylinders", “Emission Control System”, and “Document Date on and after” fields.
  • Type in the Test Group or Engine Family number.
  • Click on the “Search” button.
  • Save and/or print the PDF file.

If you need a Certificate of Conformity or Certificate Summary Information for a vehicle with a model year before 2003, send the following information to EPA’s Imports Hotline (Email: Imports@epa.gov, Phone: 734-214-4100, Fax: 734-214-4676):

  • Model year of vehicle.
  • Manufacturer of vehicle.
  • Model of vehicle.
  • Test Group # (only applies to light-duty cars and trucks – model year 2001 or later).
  • Engine Family # (only for pre-2001 light-duty cars and trucks, and nonroad and heavy-duty engines/vehicles).
  • Your name.
  • Contact information (address, email address, or fax number where you want EPA to send the Certificate of Conformity).
Source: EPA Website





Wednesday, February 19, 2014

PART 85—CONTROL OF AIR POLLUTION FROM MOBILE SOURCES




PART 85—CONTROL OF AIR POLLUTION FROM MOBILE SOURCES





Subparts A-E [Reserved]
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Subpart F—Exemption of Clean Alternative Fuel Conversions From Tampering Prohibition
Source: 76 FR 19866, Apr. 8, 2011, unless otherwise noted.

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§85.501   General applicability.
(a) This subpart describes the provisions related to an exemption from the tampering prohibition in Clean Air Act section 203(a) (42 U.S.C. 7522(a)) for light-duty vehicles, light-duty trucks, medium-duty passenger vehicles, heavy-duty vehicles, and heavy-duty engines. This subpart F does not apply for highway motorcycles or for nonroad or stationary engines or equipment.

(b) For purposes of this subpart, the term “you” generally means a clean alternative fuel conversion manufacturer, which may also be called “conversion manufacturer” or “converter”.

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§85.502   Definitions.
The definitions in this section apply to this subpart. All terms that are not defined in this subpart have the meaning given in 40 CFR part 86. All terms that are not defined in this subpart or in 40 CFR part 86 have the meaning given in the Clean Air Act. The definitions follow:

Clean alternative fuel conversion (or “fuel conversion” or “conversion system”) means any alteration of a motor vehicle/engine, its fueling system, or the integration of these systems, that allows the vehicle/engine to operate on a fuel or power source different from the fuel or power source for which the vehicle/engine was originally certified; and that is designed, constructed, and applied consistent with good engineering judgment and in accordance with all applicable regulations. A clean alternative fuel conversion also means the components, design, and instructions to perform this alteration.

Clean alternative fuel conversion manufacturer (or “conversion manufacturer” or “converter”) means any person that manufactures, assembles, sells, imports, or installs a motor vehicle/engine fuel conversion for the purpose of use of a clean alternative fuel.

Conversion model year means the clean alternative fuel conversion manufacturer's annual production period which includes January 1 of such calendar year. A specific model year may not include January 1 from the previous year or the following year. This is based on the expectation that production periods generally run on consistent schedules from year to year. Conversion model years may not circumvent or skip an annual production period. The term conversion model year means the calendar year if the converter does not have a different annual production period.

Date of conversion means the date on which the clean alternative fuel conversion system is fully installed and operable.

Dedicated vehicle/engine means any vehicle/engine engineered and designed to be operated using a single fuel.

Dual-fuel vehicle/engine means any vehicle/engine engineered and designed to be operated on two or more different fuels, but not on a mixture of the fuels.

Heavy-duty engines describes all engines intended for use in heavy-duty vehicles, covered under the applicability of 40 CFR part 86, subpart A.

Light-duty and heavy-duty chassis certified vehicles describes all light-duty vehicles, light-duty trucks, medium duty passenger vehicles, and heavy-duty complete and incomplete vehicles covered under the applicability of 40 CFR part 86, subpart S.

Mixed-fuel vehicle/engine means any vehicle/engine engineered and designed to be operated on the original fuel(s), alternative fuel(s), or a mixture of two or more fuels that are combusted together. Mixed-fuel vehicles/engines include flexible-fuel vehicles/engines as defined in 40 CFR part 86 subpart S.

Original equipment manufacturer (OEM) means the original manufacturer of the new vehicle/engine or relating to the vehicle/engine in its original certified configuration.

Original model year means the model year in which a vehicle/engine was originally certified by the original equipment manufacturer, as noted on the certificate and on the emission control information label.

We (us, our) means the Administrator of the Environmental Protection Agency or any authorized representative.

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§85.505   Overview.
(a) You are exempted from the tampering prohibition in Clean Air Act section 203(a)(3) (42 U.S.C. 7522)(a)(3) (“tampering”) if you satisfy all the provisions of this subpart.

(b) The tampering exemption provisions described in this subpart are differentiated based on the age of the vehicle/engine at the point of conversion as follows:

(1) “New and relatively new” refers to a vehicle/engine where the date of conversion is in a calendar year that is not more than one year after the original model year. See §85.510 for provisions that apply specifically to new and relatively new vehicles/engines.

(2) “Intermediate age” refers to a vehicle/engine that has not exceeded the useful life (in years, miles, or hours of operation) applicable to the vehicle/engine as originally certified, excluding new and relatively new vehicles/engines. See §85.515 for provisions that apply specifically to intermediate-age vehicles/engines.

(3) “Outside useful life” refers to any vehicle/engine that has exceeded the useful life (in years, miles, or hours of operation) applicable to the vehicle/engine as originally certified. See §85.520 for provisions that apply specifically to outside useful life vehicles/engines.

(c) If the converted vehicle/engine is a dual-fuel or mixed-fuel vehicle/engine, you must submit test data using each type of fuel, except that if you wish to certify to the same standards as the OEM vehicle/engine, you may omit testing for the fuel originally used to certify the vehicle/engine if you comply with §85.510(b)(10)(ii), (iii), and (iv), §85.515(b)(10)(iii)(B), (C), and (D), or §85.520(b)(6)(iii)(B), (C), and (D), as applicable.

(d) This subpart specifies certain reporting requirements. We may ask you to give us more information than we specify in this subpart to determine whether your vehicles/engines conform to the requirements of this subpart. We may ask you to give us less information or do less testing than we specify in this subpart.

(e) EPA may require converters to submit vehicles/engines for EPA testing under any of the three age based programs. Under §85.510 or §85.515, if a vehicle/engine is selected for confirmatory testing as part of the demonstration and notification process, the vehicle/engines must satisfy the applicable intermediate and full useful life standards using the appropriate deterioration factors to qualify for an exemption from the tampering prohibition. If an outside useful life vehicle/engine is selected for testing, the vehicle/engine must demonstrate that emissions are maintained or improved upon after conversion to qualify for an exemption from the tampering prohibition.

(f) If you have previously used small volume conversion manufacturer or qualified small volume test group/engine family procedures and you may exceed the volume thresholds using the sum described in §85.535(f) to determine small volume status in 40 CFR 86.1838-01, 40 CFR 86.098-14, and 40 CFR 86.096-24(e)(2) as appropriate, you must satisfy the requirements for conversion manufacturers who do not qualify for small volume exemptions or your exemption from tampering is no longer valid.

(g) An exemption from the prohibition on tampering applies to previously issued alternative fuel conversion certificates of conformity for the applicable conversion test group/engine family and/or evaporative/refueling family, as long as the conditions under which the certificate was issued remain unchanged, such as small volume manufacturer or qualified small volume test group/engine family status. Your exemption from tampering is valid only if the conversion is installed on the OEM test groups/engine families and/or evaporative emissions/refueling families listed on the certificate.

(h) The applicable useful life of a clean alternative fuel converted vehicle/engine shall end at the same time the OEM vehicle's/engine's original useful life ends.

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Sunday, February 2, 2014

Direct Import Vehicles Over 25 Years Old To Hawaii

R35, R34, R33, R32, Hakosuka
Hawaii. First off sorry Hawaii. For what I have seen so far, researching with a customer, Hawaii makes it very difficult to register direct import vehicles over 25 years old. There might be some further on this, but we have been working on it on and off the last 5 months or so.

The combined result of these state and federal requirements is that all new motor vehicles must have a certification label containing a VIN on the certification label in order to be registered in Hawaii. Once a vehicle is first sold, the vehicle owner is free to disable any FMVSS that the manufacturer was required to build into the vehicle, unless doing so would violate a state or local requirement. In Hawaii, a person cannot remove the certification label, because it is necessary for registration. 
Should a person desire to register a motor vehicle that does not have a certification label, it can only be done via the reconstructed vehicle law (286-85, HRS) or special interest vehicle (286-26.5, HRS) laws and 286-42, HRS for a home made motorcycle.

In Hawaii, they will not allow registration of a vehicle 1968 or newer, if it doesn't have an Federal Motor Vehicle Safety Standards certification label. A direct import vehicle over 25 years old, will not have a label stating it meets FMVSS, because it does not. It is exempt, as federal requirements say its exempt.

Hawaii isn't accepting this answer, rather saying a Registered Importer needs to affix a label, stating the vehicle meets FMVSS, which the vehicle does not and can not.

A vehicle over 25 years old is exempt from FMVSS. An RI can not just put a label on a car saying it meets FMVSS, that would be illegal.  So in this case, Hawaii is not allowing 1968 or newer direct import vehicles.

If we work out a correct way to do this for Hawaii, we will let everyone know how to import and legally register your 25 year old, FMVSS exempt, and EPA exempt vehicle.


The Hawaii Revised Statutes can be accessed at web site: http://www.capitol.hawaii.gov/site1/docs/docs.asp#hrs.
The HRS reference that requires a vehicle that will be used on the public roads to have a FMSS certification label affixed by the manufacturer before the vehicle can be registered is:
§286-45, HRS: Records of county finance director. The director of finance shall file each application received and register the vehicle therein described in a record or book to be kept by the director of finance under the following headings:
(1) Vehicle registration number;
(2) Name of owner: and
(3) Vehicle identification number.
286-2, HRS defines VIN:
""Aftermarket motorcycle frame" means a frame that is manufactured to replace the frame of a motorcycle that was certified by its manufacturer to be in compliance with all applicable Federal Motor Vehicle Safety Standards as of the date of manufacture, or the frame of a homemade motorcycle that was manufactured not for profit by a person who built the motorcycle as a hobby."
Motor vehicle manufacturers are required by Federal Motor Vehicle Safety Standard 567.4 to include the VIN on the certification label for all motor vehicles intended for use on public roads. This regulation became effective 8/31/1969. If the manufacturer gives the vehicle a VIN but does not place it on a label certifying that the vehicle is in compliance with applicable FMVSS, the VIN is not assigned as required by federal law.  The federal standard is at web site: http://www.access.gpo.gov/nara/cfr/waisidx_98/49cfrv5_98.html.

Sec. 567.4  Requirements for manufacturers of motor vehicles.
    (a) Each manufacturer of motor vehicles (except vehicles manufactured in two or more stages) shall affix to each vehicle a label, of the type and in the manner described below, containing the statements specified in paragraph (g) of this section.
(g) The label shall contain the following statements, in the English language, lettered in block capitals and numerals not less than three thirty-seconds of an inch high, in the order shown:…
(6) Vehicle identification number….
The combined result of these state and federal requirements is that all new motor vehicles must have a certification label containing a VIN on the certification label in order to be registered in Hawaii. Once a vehicle is first sold, the vehicle owner is free to disable any FMVSS that the manufacturer was required to build into the vehicle, unless doing so would violate a state or local requirement. In Hawaii, a person cannot remove the certification label, because it is necessary for registration.
Should a person desire to register a motor vehicle that does not have a certification label, it can only be done via the reconstructed vehicle law (286-85, HRS) or special interest vehicle (286-26.5, HRS) laws and 286-42, HRS for a home made motorcycle.

§286-42 County finance director's duties.   (a) The county director of finance shall examine and to the best of the director's ability determine the genuineness and regularity of every registration and transfer of registration of a vehicle pursuant to this part to ensure that every certificate issued for a vehicle contains true statements of the ownership of the vehicle and to prevent the registration of a vehicle by any person not entitled to the vehicle. The director of finance may require any applicant to furnish information, in addition to that contained in the application, that is necessary to satisfy the director of finance of the truth and regularity of the application. The director of finance may accept any county certificate of title issued for a vehicle as prima facie evidence of ownership for registration and transfer of registration. The director may issue vehicle identification numbers for reconstructed vehicles, special interest vehicles, or motorcycles that do not have vehicle identification numbers if the director determines that the requirements of this section have been met.
The county director of finance may register a motorcycle with an aftermarket motorcycle frame, using the number of the frame as issued by the manufacturer of the frame, the vehicle identification number on the certification label, or a vehicle identification number assigned by the director of finance. A bill of sale and Manufacturer's Statement of Origin for the frame, engine, and transmission must be presented and retained as a part of the permanent county registration records. If a Manufacturer's Statement of Origin is not available for the engine and transmission due to the use of a used or reconstructed engine, transmission, or both, then a bill of sale or other proof of ownership, satisfactory to the director of finance must be presented. Except for motorcycles that are built on an aftermarket motorcycle frame, special interest vehicles, and reconstructed vehicles, any motor vehicle or device that is not certified by the manufacturer to be in compliance with all applicable Federal Motor Vehicle Safety Standards as of the date of [manufacture] shall not be registered.
(b) For the purpose of registering standard makes and body types of new passenger motor vehicles the director of finance may accept the certificate of any licensed motor vehicle dealer certifying to the weight and identification of such vehicle. The director of finance of any county may accept the certificate of the director of finance of any other county as to weight and identification of any such vehicle.
(c) The director of finance may enter into a contract with new car dealerships and motor vehicle rental companies for the registration of new motor vehicles consistent with any statute, ordinance, or provision of any applicable collective bargaining agreement. The director of finance may adopt rules pursuant to chapter 91 as may be necessary for the application, bonding, and procedural requirements of such contractor.
(d) In the event the director of finance is not satisfied as to the ownership of any vehicle sought to be registered, unless the applicant presents satisfactory evidence to the director of finance of the applicant's ownership of the vehicle and as to any liens thereon, the director of finance may accept from the applicant a bond in such form as may be determined by the director of finance in an amount equal to the retail value of the vehicle. The bond and the deposit thereof shall be conditioned to protect the director of finance and any subsequent purchaser of the vehicle or person acquiring any lien thereon or the successor in interest of any such person against any loss or damage on account of any defect in or undisclosed encumbrance upon the right, title, and interest of the applicant in and to the vehicle. Any such interested person shall have a right of action to recover on any such bond for any breach of the conditions for which the same was deposited. The aggregate liability of the surety to all such persons shall in no event exceed the amount of the bond and interest thereon, plus a reasonable attorney's fee to be allowed by the court incurred to procure the recovery under the bond. The bond shall (unless suit has been instituted thereon) be returned and surrendered at the end of three years.
(e) The county finance director, upon being notified by the designated county department that a vehicle is a special interest vehicle or that a vehicle has been inspected and approved as a reconstructed vehicle, shall cause that fact to be shown upon the registration and title certificates for that vehicle. [L 1929, c 197, §2; RL 1935, §2666; RL 1945, §7337; am L 1949, c 162, §1; am L 1953, c 69, §2; RL 1955, §160-3; am L Sp 1959 2d, c 1, §16; HRS §286-42; am L 1977, c 77, §3; am L 1984, c 276, §6; gen ch 1985; am L 1992, c 135, §1; am L 1995, c 164, §2; am L 1996, c 108, §1; am L 1997, c 246, §6; am L 2002, c 255, §3; am L 2011, c 64, §2]

§286-85 Reconstructed vehicles, approval required. (a) No person shall operate a reconstructed vehicle upon a public highway unless it has been inspected and certified by the designated county agency as meeting the specifications and requirements established in rules and regulations adopted by the state director of transportation.
(b) This section shall not apply to any vehicle which is subject to the rules and regulations of the public utilities commission governing safety of operation and equipment.
(c) Each county through its chief executive officer, shall designate a county department, whose responsibilities shall include the inspection of reconstructed vehicles and the issuance of permits to operate reconstructed vehicles pursuant to standards established by the state director of transportation.
(d) The state director of transportation shall adopt rules pursuant to chapter 91, establishing the fees an inspector may charge for the inspection of a reconstructed vehicle.
(e) The department designated pursuant to subsection (c) shall identify to the county director of finance every vehicle that has been inspected and approved as a reconstructed vehicle. (f) This section shall not apply to any privately owned reconstructed vehicle in a county with a population of less than 500,000. [L 1977, c 77, §2; am L Sp 1977 1st, c 20, §12; am L 1986, c 122, §1]

§286-26.5 Special interest vehicles. (a) As used in this section:
"Collector" means an owner of one or more vehicles, including parts vehicles, who collects, purchases, acquires, trades, or disposes of a vehicle or its parts, for the owner's own use, to preserve, restore, and maintain the vehicle or another vehicle for hobby or historical purposes.
"Parts vehicle" means a vehicle that is owned by a collector to furnish parts for the restoration or maintenance of a special interest vehicle.
"Street rod replica vehicle" means a vehicle that was assembled from a manufactured kit, either as:
(1) A complete kit to construct a new vehicle consisting of a prefabricated body and chassis;
(2) Components manufactured before 1968; or
(3) Components manufactured after 1967 to resemble a vehicle manufactured before 1968;
and that has been modified in its body style or design through the use of nonoriginal or reproduction components, such as the frame, engine, drive train, suspension, or brakes, in a manner that does not adversely affect its safe performance as a motor vehicle or render the vehicle unlawful for use on public highways.
"Street rod vehicle" means a vehicle that was:
(1) Manufactured before 1968; or
(2) Manufactured after 1967 to resemble a vehicle manufactured before 1968;.

and that has been modified in its body style or design through the use of nonoriginal or reproduction components, such as the frame, engine, drive train, suspension, or brakes, in a manner that does not adversely affect its safe performance as a motor vehicle or render the vehicle unlawful for use on public highways. The term does not include a motorcycle, an antique vehicle, or a restored vehicle.
(b) If a street rod vehicle was manufactured before 1968 and has been modified in body style or design, the make and year of the vehicle shall be the year the vehicle most nearly resembles. If a street rod vehicle was manufactured after 1967 to resemble a vehicle manufactured before 1968, the body type of the vehicle shall be street rod vehicle or "STRD".
(c) A state vehicle identification number shall be issued to a street rod vehicle that was manufactured after 1967 to resemble a vehicle manufactured before 1968, when no vehicle identification number is present on the vehicle; when more than one vehicle identification number is present on the vehicle; or when the vehicle identification number is absent from the body or frame, or both, of the vehicle. The state vehicle identification number shall be assigned by the director of finance of the county in which the vehicle resides; provided that not more than one hundred vehicle identification numbers shall be issued annually.
To obtain a state vehicle identification number under this subsection, the owner of a street rod vehicle that was manufactured after 1967 to resemble a vehicle manufactured before 1968 shall provide:
(1) A title of ownership from the previous owner of the vehicle's body or frame;
(2) A bill of sale or invoices for all major parts used in the modification of the vehicle; and
(3) A weight certificate issued by a state-certified scale for the actual weight of the vehicle.
(d) Notwithstanding any other law to the contrary:
(1) Street rod vehicles and street rod replica vehicles shall be equipped with the following equipment:
(A) Hydraulic service brakes on all wheels;
(B) Sealed beam or halogen headlights;
(C) Turn signals and a turn signaling switch;
(D) Safety glass or lexan windshield;
(E) Electric or vacuum windshield wiper located in front of the driver;
(F) Standard or DOT/SAE-approved tail lights;
(G) A parking brake that operates on at least two wheels on the same axle; and
(H) Seat belt assembly as provided in section 291-11.6;
(2) Street rod vehicles and street rod replica vehicles shall be equipped in such a manner that no part of a vehicle, other than the vehicle's tires, will make contact with the surface of a flat highway when the vehicle is operated on the same;
(3) Bumpers, hoods, door handles, and fenders shall be optional equipment on street rod vehicles and street rod replica vehicles; and
(4) Bumpers, hoods, door handles, and fenders shall be optional equipment on vehicles manufactured before 1968, and on vehicles manufactured after 1967 to resemble a vehicle manufactured before 1968.
In the event of a conflict between this subsection and equipment requirements specified in chapters 286, 291 and 291C, this subsection shall control.
(e) If a street rod replica vehicle was assembled from a manufactured kit as a complete kit to construct a new vehicle consisting of a prefabricated body and chassis, the year of the vehicle shall be the year the vehicle resembles as reflected on the manufacturer's certificate of origin. If a street rod replica vehicle was assembled from a manufactured kit as components manufactured before 1968 or components manufactured after 1967 to resemble a vehicle manufactured before 1968, the year of the vehicle shall be the year the vehicle resembles as reflected on the manufacturer's certificate of origin. The certificate of title for a street rod replica vehicle shall be for the make and year the vehicle resembles, and the body type of the vehicle shall be street rod vehicle replica (STRD-RPLC).
(f) The state vehicle identification number of a street rod replica vehicle that was assembled from a manufactured kit as a complete kit to construct a new vehicle consisting of a prefabricated body and chassis shall be taken from the manufacturer's certificate of origin. The state vehicle identification number shall be assigned by the director of finance of the county in which the vehicle resides; provided that not more than one hundred vehicle identification numbers shall be issued annually.
The state vehicle identification number of a street rod replica vehicle that was assembled from a manufactured kit as components manufactured before 1968 or components manufactured after 1967 to resemble a vehicle manufactured before 1968, shall be taken from the manufacturer's certificate of origin or provided by the director of finance of the county in which the vehicle resides.
To obtain a state vehicle identification number under this subsection, the owner of a street rod replica vehicle shall provide:
(1) Ownership documents from the manufacturer of the kit or components;
(2) All shipping and freight documents for the kit or components; and
(3) A weight certificate issued by a state-certified scale for the actual weight of the vehicle.
(g) A state vehicle identification number shall be issued to a street rod replica vehicle when the vehicle identification number is absent from the body or frame, or both, of the vehicle; or when the vehicle identification number is absent from the manufacturer's certificate of origin. The state vehicle identification number shall be assigned by the director of finance of the county in which the vehicle resides; provided that not more than one hundred vehicle identification numbers shall be issued annually. [L 1997, c 246, §2; am L 2004, c 126, §2]

 
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