Full Text of HB5522 99th General Assembly
HB5522eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. The Open Meetings Act is amended by adding | 5 | | Section 2.03.5 as follows: | 6 | | (5 ILCS 120/2.03.5 new) | 7 | | Sec. 2.03.5. Internet posting requirements. | 8 | | (a) A unit of local government or school district with an | 9 | | operating budget of $1 million or more shall maintain an | 10 | | Internet website and post to its website for the current | 11 | | calendar or fiscal year, as the case may be, the following | 12 | | information: | 13 | | (1) The contact information, including the phone | 14 | | number and e-mail address, for all elected and appointed | 15 | | officials, the Freedom of Information Officer, the chief | 16 | | administrator, and the head administrator for each | 17 | | department. | 18 | | (2) The agenda, board packets, and any other prepared | 19 | | materials of all regular meetings shall be posted at least | 20 | | 72 hours before a meeting. The agenda, board packets, and | 21 | | any other prepared materials of all special or emergency | 22 | | meetings shall be posted at least 24 hours before a | 23 | | meeting. The posting shall indicate if the agendas are in |
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| 1 | | draft form. The minutes from any regular or special meeting | 2 | | shall be posted within 72 hours of approval. | 3 | | (3) In accordance with the Freedom of Information Act, | 4 | | the procedure for requesting information from the unit of | 5 | | local government or school district. | 6 | | (4) The annual budget and appropriation ordinances. | 7 | | (5) The ordinances under which the unit of local | 8 | | government or school district operates as of the effective | 9 | | date of this amendatory Act of the 99th General Assembly | 10 | | and all ordinances thereafter adopted. | 11 | | (6) The procedures required to apply for building | 12 | | permits and zoning variances. | 13 | | (7) Any budget, financial audit, audit schedule, or | 14 | | special project report, including without limitation the | 15 | | comprehensive annual financial report, performance audits, | 16 | | and reports required under the Tax Increment Allocation | 17 | | Redevelopment Act in the Illinois Municipal Code. All | 18 | | reports should include the following: | 19 | | (A) All actual revenues and expenditures for at | 20 | | least the 3 previous fiscal years. Any report focusing | 21 | | on any subset of Total should specify that only partial | 22 | | amounts are shown and identify the Total amount and the | 23 | | nature of items not included in the report. | 24 | | (B) Revenues should be broken out by source, | 25 | | including the broad categories of local, State, and | 26 | | federal tax dollars. |
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| 1 | | (C) Expenditures should be separated into current | 2 | | operating, capital, and debt service. | 3 | | (D) Expenditure summaries for units of local | 4 | | government should reflect the per-resident calculation | 5 | | for comparison to other governmental bodies. For | 6 | | schools, a per-pupil calculation should be made based | 7 | | on full-time or equivalent enrollment. | 8 | | (E) Audits should include a management letter. | 9 | | (8) A detailed list of the total compensation paid to | 10 | | each employee including wages, salary, overtime, and | 11 | | benefits, including health, dental, life, and pension. | 12 | | (9) Contracts with lobbying firms hired by the unit of | 13 | | local government or school district. The name and amount of | 14 | | money paid to lobbying associations by the unit of local | 15 | | government or school district. | 16 | | (10) A detailed list of the taxes and fees imposed by | 17 | | the unit of local government or school district. | 18 | | (11) The ordinances and rules governing the award of | 19 | | all bids and contracts for purchase in the amount of | 20 | | $25,000 or more. | 21 | | (12) All bids and contracts for purchase in the amount | 22 | | of $25,000 or more. | 23 | | (13) A debt disclosure report that includes the | 24 | | following: | 25 | | (A) sum total of all debts and liabilities; | 26 | | (B) sum total of gross tax levy for the most recent |
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| 1 | | tax year; | 2 | | (C) gross operating budget revenue for the most | 3 | | recent fiscal year; | 4 | | (D) total pension liability; | 5 | | (E) total unfunded pension liability; and | 6 | | (F) actuarial cost method used to calculate total | 7 | | pension liability and total unfunded pension | 8 | | liability, and other post-employment benefits, | 9 | | including: | 10 | | (i) projected investment rate of return; | 11 | | (ii) actual investment rate of return over the | 12 | | past 10 years; | 13 | | (iii) annual rate of salary increases; | 14 | | (iv) participant mortality rate; and | 15 | | (v) healthcare cost trend rate for Other | 16 | | Post-Employment Benefits (OPEB). | 17 | | (14) Public notices. | 18 | | (b) No later than one year after the effective date of this | 19 | | amendatory Act of the 99th General Assembly, each unit of local | 20 | | government or school district shall develop, maintain, and make | 21 | | publicly available, in any format the unit of local government | 22 | | or school district would otherwise utilize for its own | 23 | | purposes, information concerning moneys collected and expended | 24 | | by the unit of local government or school distract. This | 25 | | information shall include the following: | 26 | | (1) the name and principal location or address of the |
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| 1 | | entity receiving moneys, except that information | 2 | | concerning a payment to an employee of the unit of local | 3 | | government or school district shall identify the | 4 | | individual employee by name and business address or | 5 | | location only; | 6 | | (2) the amount of expended moneys; | 7 | | (3) the funding source of the expended moneys; | 8 | | (4) the date of the expenditure; | 9 | | (5) the name of the budget program, activity, or | 10 | | category supporting the expenditure; | 11 | | (6) a description of the purpose for the expenditure; | 12 | | and | 13 | | (7) to the extent possible, a unique identifier for | 14 | | each expenditure. | 15 | | The website shall contain only information that is a public | 16 | | record or that is not confidential or otherwise protected from | 17 | | public disclosure pursuant to State or federal law. | 18 | | The unit of local government or school district shall | 19 | | update the financial data contained on the website at least | 20 | | monthly, and archive the financial data, which shall remain | 21 | | accessible on the website. The financial data must be easily | 22 | | accessible from the main page of the unit of local government | 23 | | or school district's website. The unit of local government or | 24 | | school district shall create and make easily accessible an | 25 | | automated Rich Site Summary (RSS) feed to which users of the | 26 | | website may subscribe for notification of updates to the |
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| 1 | | information. | 2 | | The unit of local government or school district may meet | 3 | | all requirements of this subsection by having the information | 4 | | and data required to be included on the unit's website database | 5 | | posted in the Illinois Transparency and Accountability Portal. | 6 | | The unit of local government or school district may also meet | 7 | | each requirement of this subsection by supplying labeled links | 8 | | on the unit of local government's or school district's website | 9 | | to the website of other units of local government or school | 10 | | districts that independently post and maintain the information | 11 | | and data online. | 12 | | This subsection shall not apply until 6 months after the | 13 | | effective date of this amendatory Act of the 99th General | 14 | | Assembly. | 15 | | (c) The information required to be posted under subsection | 16 | | (a) must be easily accessible from the unit of local | 17 | | government's or school district's home page and searchable. | 18 | | (d) The postings required by this Section are in addition | 19 | | to any other posting requirements required by law or ordinance. | 20 | | (e) If a unit of local government or school district fails | 21 | | to comply with this Section, then any citizen who is a resident | 22 | | of the unit of local government or school district may file | 23 | | suit in the circuit court for the county where the unit of | 24 | | local government or school district is located. The citizen may | 25 | | bring a mandamus or injunction action to compel the unit of | 26 | | local government or school district to comply with the |
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| 1 | | requirements set forth in subsection (a). The court may impose | 2 | | any penalty or other sanction as it deems appropriate. The | 3 | | court, in its discretion, may also award to the citizen | 4 | | bringing the action reasonable attorneys' fees and costs. | 5 | | (f) No home rule unit may adopt posting requirements that | 6 | | are less restrictive than this Section. This Section is a | 7 | | limitation under subsection (i) of Section 6 of Article VII of | 8 | | the Illinois Constitution on the concurrent exercise by home | 9 | | rule units of powers and functions exercised by the State. | 10 | | (g) All local records required to be posted by this | 11 | | amendatory Act of the 99th General Assembly shall remain posted | 12 | | on the entity's website, or subsequent websites, for 10 years. | 13 | | (h) This Section shall not apply to the Department of | 14 | | Juvenile Justice School District. | 15 | | Section 5. The Freedom of Information Act is amended by | 16 | | changing Section 7.5 as follows: | 17 | | (5 ILCS 140/7.5) | 18 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 19 | | by the statutes referenced below, the following shall be exempt | 20 | | from inspection and copying: | 21 | | (a) All information determined to be confidential | 22 | | under Section 4002 of the Technology Advancement and | 23 | | Development Act. | 24 | | (b) Library circulation and order records identifying |
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| 1 | | library users with specific materials under the Library | 2 | | Records Confidentiality Act. | 3 | | (c) Applications, related documents, and medical | 4 | | records received by the Experimental Organ Transplantation | 5 | | Procedures Board and any and all documents or other records | 6 | | prepared by the Experimental Organ Transplantation | 7 | | Procedures Board or its staff relating to applications it | 8 | | has received. | 9 | | (d) Information and records held by the Department of | 10 | | Public Health and its authorized representatives relating | 11 | | to known or suspected cases of sexually transmissible | 12 | | disease or any information the disclosure of which is | 13 | | restricted under the Illinois Sexually Transmissible | 14 | | Disease Control Act. | 15 | | (e) Information the disclosure of which is exempted | 16 | | under Section 30 of the Radon Industry Licensing Act. | 17 | | (f) Firm performance evaluations under Section 55 of | 18 | | the Architectural, Engineering, and Land Surveying | 19 | | Qualifications Based Selection Act. | 20 | | (g) Information the disclosure of which is restricted | 21 | | and exempted under Section 50 of the Illinois Prepaid | 22 | | Tuition Act. | 23 | | (h) Information the disclosure of which is exempted | 24 | | under the State Officials and Employees Ethics Act, and | 25 | | records of any lawfully created State or local inspector | 26 | | general's office that would be exempt if created or |
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| 1 | | obtained by an Executive Inspector General's office under | 2 | | that Act. | 3 | | (i) Information contained in a local emergency energy | 4 | | plan submitted to a municipality in accordance with a local | 5 | | emergency energy plan ordinance that is adopted under | 6 | | Section 11-21.5-5 of the Illinois Municipal Code. | 7 | | (j) Information and data concerning the distribution | 8 | | of surcharge moneys collected and remitted by wireless | 9 | | carriers under the Wireless Emergency Telephone Safety | 10 | | Act. | 11 | | (k) Law enforcement officer identification information | 12 | | or driver identification information compiled by a law | 13 | | enforcement agency or the Department of Transportation | 14 | | under Section 11-212 of the Illinois Vehicle Code. | 15 | | (l) Records and information provided to a residential | 16 | | health care facility resident sexual assault and death | 17 | | review team or the Executive Council under the Abuse | 18 | | Prevention Review Team Act. | 19 | | (m) Information provided to the predatory lending | 20 | | database created pursuant to Article 3 of the Residential | 21 | | Real Property Disclosure Act, except to the extent | 22 | | authorized under that Article. | 23 | | (n) Defense budgets and petitions for certification of | 24 | | compensation and expenses for court appointed trial | 25 | | counsel as provided under Sections 10 and 15 of the Capital | 26 | | Crimes Litigation Act. This subsection (n) shall apply |
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| 1 | | until the conclusion of the trial of the case, even if the | 2 | | prosecution chooses not to pursue the death penalty prior | 3 | | to trial or sentencing. | 4 | | (o) Information that is prohibited from being | 5 | | disclosed under Section 4 of the Illinois Health and | 6 | | Hazardous Substances Registry Act. | 7 | | (p) Security portions of system safety program plans, | 8 | | investigation reports, surveys, schedules, lists, data, or | 9 | | information compiled, collected, or prepared by or for the | 10 | | Regional Transportation Authority under Section 2.11 of | 11 | | the Regional Transportation Authority Act or the St. Clair | 12 | | County Transit District under the Bi-State Transit Safety | 13 | | Act. | 14 | | (q) Information prohibited from being disclosed by the | 15 | | Personnel Records Review Act. | 16 | | (r) Information prohibited from being disclosed by the | 17 | | Illinois School Student Records Act. | 18 | | (s) Information the disclosure of which is restricted | 19 | | under Section 5-108 of the Public Utilities Act.
| 20 | | (t) All identified or deidentified health information | 21 | | in the form of health data or medical records contained in, | 22 | | stored in, submitted to, transferred by, or released from | 23 | | the Illinois Health Information Exchange, and identified | 24 | | or deidentified health information in the form of health | 25 | | data and medical records of the Illinois Health Information | 26 | | Exchange in the possession of the Illinois Health |
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| 1 | | Information Exchange Authority due to its administration | 2 | | of the Illinois Health Information Exchange. The terms | 3 | | "identified" and "deidentified" shall be given the same | 4 | | meaning as in the Health Insurance Portability and | 5 | | Accountability and Portability Act of 1996, Public Law | 6 | | 104-191, or any subsequent amendments thereto, and any | 7 | | regulations promulgated thereunder. | 8 | | (u) Records and information provided to an independent | 9 | | team of experts under Brian's Law. | 10 | | (v) Names and information of people who have applied | 11 | | for or received Firearm Owner's Identification Cards under | 12 | | the Firearm Owners Identification Card Act or applied for | 13 | | or received a concealed carry license under the Firearm | 14 | | Concealed Carry Act, unless otherwise authorized by the | 15 | | Firearm Concealed Carry Act; and databases under the | 16 | | Firearm Concealed Carry Act, records of the Concealed Carry | 17 | | Licensing Review Board under the Firearm Concealed Carry | 18 | | Act, and law enforcement agency objections under the | 19 | | Firearm Concealed Carry Act. | 20 | | (w) Personally identifiable information which is | 21 | | exempted from disclosure under subsection (g) of Section | 22 | | 19.1 of the Toll Highway Act. | 23 | | (x) Information which is exempted from disclosure | 24 | | under Section 5-1014.3 of the Counties Code or Section | 25 | | 8-11-21 of the Illinois Municipal Code. | 26 | | (y) Confidential information under the Adult |
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| 1 | | Protective Services Act and its predecessor enabling | 2 | | statute, the Elder Abuse and Neglect Act, including | 3 | | information about the identity and administrative finding | 4 | | against any caregiver of a verified and substantiated | 5 | | decision of abuse, neglect, or financial exploitation of an | 6 | | eligible adult maintained in the Registry established | 7 | | under Section 7.5 of the Adult Protective Services Act. | 8 | | (z) Records and information provided to a fatality | 9 | | review team or the Illinois Fatality Review Team Advisory | 10 | | Council under Section 15 of the Adult Protective Services | 11 | | Act. | 12 | | (aa) Information which is exempted from disclosure | 13 | | under Section 2.37 of the Wildlife Code. | 14 | | (bb) Information which is or was prohibited from | 15 | | disclosure by the Juvenile Court Act of 1987. | 16 | | (cc) (bb) Recordings made under the Law Enforcement | 17 | | Officer-Worn Body Camera Act, except to the extent | 18 | | authorized under that Act. | 19 | | (dd) Any record or information that a unit of local | 20 | | government or school district maintains an electronic copy | 21 | | of on its Internet website in order to comply with the Open | 22 | | Meetings Act. | 23 | | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | 24 | | eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; | 25 | | 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; | 26 | | revised 10-14-15.)
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| 1 | | Section 10. The Department of Central Management Services | 2 | | Law of the
Civil Administrative Code of Illinois is amended by | 3 | | changing Section 405-335 as follows: | 4 | | (20 ILCS 405/405-335) | 5 | | Sec. 405-335. Illinois Transparency and Accountability | 6 | | Portal (ITAP).
| 7 | | (a) The Department, within 12 months after the effective | 8 | | date of this amendatory Act of the 96th General Assembly, shall | 9 | | establish and maintain a website, known as the Illinois | 10 | | Transparency and Accountability Portal (ITAP), with a | 11 | | full-time webmaster tasked with compiling and updating the ITAP | 12 | | database with information received from all State agencies as | 13 | | defined in this Section. Within 6 months of the effective date | 14 | | of this amendatory Act, ITAP shall have the capability to | 15 | | compile and update the ITAP database with information received | 16 | | from all school districts and units of local government | 17 | | including, but not limited to, counties, townships, library | 18 | | districts, and municipalities. Subject to appropriation, the | 19 | | full-time webmaster must also compile and update the ITAP | 20 | | database with information received from all school districts | 21 | | and units of local government including, but not limited to, | 22 | | counties, townships, library districts, and municipalities. | 23 | | (b) For purposes of this Section: | 24 | | "State agency" means the offices of the constitutional |
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| 1 | | officers identified in Article V of the Illinois Constitution, | 2 | | executive agencies, and departments, boards, commissions, and | 3 | | Authorities under the Governor. | 4 | | "Contracts" means payment obligations with vendors on file | 5 | | with the Office of the Comptroller to purchase goods and | 6 | | services exceeding $10,000 in value (or, in the case of | 7 | | professional or artistic services, exceeding $5,000 in value). | 8 | | "Appropriation" means line-item detail of spending | 9 | | approved by the General Assembly and Governor, categorized by | 10 | | object of expenditure. | 11 | | "Individual consultants" means temporary workers eligible | 12 | | to receive State benefits paid on a State payroll. | 13 | | "Recipients" means State agencies receiving | 14 | | appropriations. | 15 | | (c) The ITAP shall provide direct access to each of the | 16 | | following: | 17 | | (1) A database of all current State employees and | 18 | | individual consultants, except sworn law enforcement | 19 | | officers, sorted separately by: | 20 | | (i) Name. | 21 | | (ii) Employing State agency. | 22 | | (iii) Employing State division. | 23 | | (iv) Employment position title. | 24 | | (v) Current pay rate and year-to-date pay. | 25 | | (2) A database of all current State expenditures, | 26 | | sorted separately by agency, category, recipient, and |
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| 1 | | Representative District. | 2 | | (3) A database of all development assistance | 3 | | reportable pursuant to the Corporate Accountability for | 4 | | Tax Expenditures Act, sorted separately by tax credit | 5 | | category, taxpayer, and Representative District. | 6 | | (4) A database of all revocations and suspensions of | 7 | | State occupation and use tax certificates of registration | 8 | | and all revocations and suspensions of State professional | 9 | | licenses, sorted separately by name, geographic location, | 10 | | and certificate of registration number or license number, | 11 | | as applicable. Professional license revocations and | 12 | | suspensions shall be posted only if resulting from a | 13 | | failure to pay taxes, license fees, or child support. | 14 | | (5) A database of all current State contracts, sorted | 15 | | separately by contractor name, awarding officer or agency, | 16 | | contract value, and goods or services provided. | 17 | | (6) A database of all employees hired after the | 18 | | effective date of this amendatory Act of 2010, sorted | 19 | | searchably by each of the following at the time of | 20 | | employment: | 21 | | (i) Name. | 22 | | (ii) Employing State agency. | 23 | | (iii) Employing State division. | 24 | | (iv) Employment position title. | 25 | | (v) Current pay rate and year-to-date pay. | 26 | | (vi) County of employment location. |
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| 1 | | (vii) Rutan status. | 2 | | (viii) Status of position as subject to collective | 3 | | bargaining, subject to merit compensation, or exempt | 4 | | under Section 4d of the Personnel Code. | 5 | | (ix) Employment status as probationary, trainee, | 6 | | intern, certified, or exempt from certification. | 7 | | (x) Status as a military veteran. | 8 | | (7) A searchable database of all current county, | 9 | | township, library district, and municipal employees sorted | 10 | | separately by: | 11 | | (i) Employing unit of local government. | 12 | | (ii) Employment position title. | 13 | | (iii) Current pay rate and year-to-date pay. | 14 | | (8) A searchable database of all county, township, and | 15 | | municipal employees hired on or after the effective date of | 16 | | this amendatory Act of the 97th General Assembly, sorted | 17 | | separately by each of the following at the time of | 18 | | employment: | 19 | | (i) Employing unit of local government. | 20 | | (ii) Employment position title. | 21 | | (iii) Current pay rate and year-to-date pay. | 22 | | (9) A searchable database of all library district | 23 | | employees hired on or after August 9, 2013 (the effective | 24 | | date of Public Act 98-246), sorted separately by each of | 25 | | the following at the time of employment: | 26 | | (i) Employing unit of local government. |
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| 1 | | (ii) Employment position title. | 2 | | (iii) Current pay rate and year-to-date pay. | 3 | | (10) A link to a website maintained by the Department | 4 | | that contains a list of contact information for each State | 5 | | agency, including a telephone number and a link to the | 6 | | Agency's website. Each State agency shall be responsible
| 7 | | for providing and updating the Department with this
| 8 | | information. | 9 | | (11) Information provided to ITAP pursuant to Section | 10 | | 2.03.5 of the Open Meetings Act. | 11 | | (d) The ITAP shall include all information required to be | 12 | | published by subsection (c) of this Section that is available | 13 | | to the Department in a format the Department can compile and | 14 | | publish on the ITAP. The Department shall update the ITAP as | 15 | | additional information becomes available in a format that can | 16 | | be compiled and published on the ITAP by the Department. | 17 | | (e) Each State agency, county, township, library district, | 18 | | and municipality shall cooperate with the Department in | 19 | | furnishing the information necessary for the implementation of | 20 | | this Section within a timeframe specified by the Department. | 21 | | (f) Each county, township, library district, or | 22 | | municipality submitting information to be displayed on the | 23 | | Illinois Transparency and Accountability Portal (ITAP) is | 24 | | responsible for the accuracy of the information provided. | 25 | | (g) The Department, within 6 months after January 1, 2014 | 26 | | (the effective date of Public Act 98-283), shall distribute a |
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| 1 | | spreadsheet or otherwise make data entry available to each | 2 | | State agency to facilitate the collection of data on the | 3 | | State's annual workforce characteristics, workforce | 4 | | compensation, and employee mobility. The Department shall | 5 | | determine the data to be collected by each State agency. Each | 6 | | State agency shall cooperate with the Department in furnishing | 7 | | the data necessary for the implementation of this subsection | 8 | | within the timeframe specified by the Department. The | 9 | | Department shall publish the data received from each State | 10 | | agency on the ITAP or another open data site annually. | 11 | | (Source: P.A. 97-744, eff. 1-1-13; 98-246, eff. 8-9-13; 98-283, | 12 | | eff. 1-1-14; 98-756, eff. 7-16-14; 98-1084, eff. 1-1-15 .) | 13 | | Section 90. The State Mandates Act is amended by adding | 14 | | Section 8.40 as follows: | 15 | | (30 ILCS 805/8.40 new) | 16 | | Sec. 8.40. Exempt mandate. Notwithstanding Sections 6 and 8 | 17 | | of this Act, no reimbursement by the State is required for the | 18 | | implementation of any mandate created by this amendatory Act of | 19 | | the 99th General Assembly. | 20 | | Section 97. Severability. The provisions of this Act are | 21 | | severable under Section 1.31 of the Statute on Statutes. | 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law. |
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