State of Illinois
92nd General Assembly
Legislation

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92_SB0384eng

 
SB384 Engrossed                                LRB9204670NTsb

 1        AN ACT concerning education.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  School  Code  is  amended  by changing
 5    Sections 10-20.5a and 34-18 as follows:

 6        (105 ILCS 5/10-20.5a) (from Ch. 122, par. 10-20.5a)
 7        Sec. 10-20.5a.  Access to high school campus.
 8             (a)  For  school  districts  maintaining  grades  10
 9        through 12, to provide, on an equal basis,  access  to  a
10        high  the school campus and student directory information
11        to the official recruiting representatives of  the  armed
12        forces  of Illinois and the United States for the purpose
13        of informing  students  of  the  educational  and  career
14        opportunities  available in the military if the board has
15        provided such access to persons or groups  whose  purpose
16        is  to acquaint students with educational or occupational
17        opportunities  available  to  them.   The  board  is  not
18        required to give greater notice regarding  the  right  of
19        access  to  recruiting  representatives  than is given to
20        other persons and groups.  In  this  Section,  "directory
21        information" means a high school student's name, address,
22        and telephone number.
23             (b)  If  a  student or his or her parent or guardian
24        submits a signed, written  request  to  the  high  school
25        before the end of the student's sophomore year (or if the
26        student is a transfer student, by another time set by the
27        high  school)  that  indicates that the student or his or
28        her parent  or  guardian  does  not  want  the  student's
29        directory   information   to   be  provided  to  official
30        recruiting representatives under subsection (a)  of  this
31        Section,  the  high  school may not provide access to the
 
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 1        student's  directory  information  to  these   recruiting
 2        representatives.    The  high  school  shall  notify  its
 3        students and their parents or guardians of the provisions
 4        of this subsection (b).
 5             (c)  A high school may require  official  recruiting
 6        representatives  of  the armed forces of Illinois and the
 7        United States to pay a fee  for  copying  and  mailing  a
 8        student's  directory information in an amount that is not
 9        more than the actual costs incurred by the high school.
10             (d)  Information received by an official  recruiting
11        representative  under  this  Section  may be used only to
12        provide information to  students  concerning  educational
13        and  career  opportunities  available in the military and
14        may not be released to a person who is  not  involved  in
15        recruiting  students  for the armed forces of Illinois or
16        the United States.
17    (Source: P.A. 82-161.)

18        (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
19        Sec. 34-18.   Powers  of  the  board.   The  board  shall
20    exercise general supervision and jurisdiction over the public
21    education  and  the  public  school  system of the city, and,
22    except as otherwise provided  by  this  Article,  shall  have
23    power:
24             1.  To make suitable provision for the establishment
25        and  maintenance  throughout the year or for such portion
26        thereof as it may direct, not  less  than  9  months,  of
27        schools   of  all  grades  and  kinds,  including  normal
28        schools,  high  schools,  night  schools,   schools   for
29        defectives  and delinquents, parental and truant schools,
30        schools for the blind, the deaf and the crippled, schools
31        or  classes  in  manual   training,   constructural   and
32        vocational  teaching, domestic arts and physical culture,
33        vocation and extension schools and lecture  courses,  and
 
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 1        all  other  educational courses and facilities, including
 2        establishing,  equipping,   maintaining   and   operating
 3        playgrounds and recreational programs, when such programs
 4        are  conducted  in,  adjacent  to,  or connected with any
 5        public  school  under   the   general   supervision   and
 6        jurisdiction  of  the  board;  provided, however, that in
 7        allocating funds from year to year for the  operation  of
 8        all  attendance  centers  within  the district, the board
 9        shall ensure that supplemental general  State  aid  funds
10        are allocated and applied in accordance with Section 18-8
11        or  18-8.05.  To  admit  to  such  schools without charge
12        foreign exchange students  who  are  participants  in  an
13        organized exchange student program which is authorized by
14        the  board. The board shall permit all students to enroll
15        in apprenticeship programs in trade schools  operated  by
16        the board, whether those programs  are union-sponsored or
17        not.   No  student  shall be refused admission into or be
18        excluded from any course of instruction  offered  in  the
19        common  schools  by  reason  of  that  student's sex.  No
20        student  shall  be  denied  equal  access   to   physical
21        education and interscholastic athletic programs supported
22        from  school  district  funds  or denied participation in
23        comparable  physical  education  and  athletic   programs
24        solely  by  reason of the student's sex.  Equal access to
25        programs  supported  from  school  district   funds   and
26        comparable  programs will be defined in rules promulgated
27        by the State Board of Education in consultation with  the
28        Illinois  High  School  Association.  Notwithstanding any
29        other provision of this Article,  neither  the  board  of
30        education  nor  any  local school council or other school
31        official shall recommend that children with  disabilities
32        be  placed into regular education classrooms unless those
33        children   with   disabilities    are    provided    with
34        supplementary  services  to  assist  them  so  that  they
 
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 1        benefit  from  the  regular classroom instruction and are
 2        included  on  the  teacher's  regular   education   class
 3        register;
 4             2.  To   furnish   lunches  to  pupils,  to  make  a
 5        reasonable charge therefor, and to use school  funds  for
 6        the  payment  of such expenses as the board may determine
 7        are necessary in conducting the school lunch program;
 8             3.  To co-operate with the circuit court;
 9             4.  To  make  arrangements  with   the   public   or
10        quasi-public  libraries  and museums for the use of their
11        facilities by teachers and pupils of the public schools;
12             5.  To employ dentists and  prescribe  their  duties
13        for  the  purpose  of treating the pupils in the schools,
14        but accepting  such  treatment  shall  be  optional  with
15        parents or guardians;
16             6.  To   grant   the   use  of  assembly  halls  and
17        classrooms when not otherwise  needed,  including  light,
18        heat, and attendants, for free public lectures, concerts,
19        and  other  educational  and  social  interests,  free of
20        charge,  under  such  provisions  and  control   as   the
21        principal   of   the   affected   attendance  center  may
22        prescribe;
23             7.  To apportion the pupils to the several  schools;
24        provided   that  no  pupil  shall  be  excluded  from  or
25        segregated in any such school on account  of  his  color,
26        race,  sex,  or  nationality.  The  board shall take into
27        consideration  the  prevention  of  segregation  and  the
28        elimination of separation of children in  public  schools
29        because  of color, race, sex, or nationality. Except that
30        children may be  committed  to  or  attend  parental  and
31        social  adjustment  schools  established  and  maintained
32        either for boys or girls only.  All records pertaining to
33        the  creation, alteration or revision of attendance areas
34        shall be open to the public.  Nothing herein shall  limit
 
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 1        the  board's authority to establish multi-area attendance
 2        centers  or  other   student   assignment   systems   for
 3        desegregation purposes or otherwise, and to apportion the
 4        pupils to the several schools.  Furthermore, beginning in
 5        school  year 1994-95, pursuant to a board plan adopted by
 6        October 1, 1993, the board shall offer, commencing  on  a
 7        phased-in  basis, the opportunity for families within the
 8        school district to apply for enrollment of their children
 9        in any attendance center within the school district which
10        does not have selective admission  requirements  approved
11        by the board.  The appropriate geographical area in which
12        such open enrollment may be exercised shall be determined
13        by the board of education.  Such children may be admitted
14        to  any such attendance center on a space available basis
15        after  all  children  residing  within  such   attendance
16        center's  area  have been accommodated.  If the number of
17        applicants from outside the attendance  area  exceed  the
18        space  available,  then  successful  applicants  shall be
19        selected by  lottery.   The  board  of  education's  open
20        enrollment  plan  must  include provisions that allow low
21        income students to have access to  transportation  needed
22        to  exercise  school choice.  Open enrollment shall be in
23        compliance with the provisions of the Consent Decree  and
24        Desegregation Plan cited in Section 34-1.01;
25             8.  To  approve  programs and policies for providing
26        transportation services to students. Nothing herein shall
27        be construed to permit or  empower  the  State  Board  of
28        Education  to  order, mandate, or require busing or other
29        transportation of pupils for  the  purpose  of  achieving
30        racial balance in any school;
31             9.  Subject  to  the limitations in this Article, to
32        establish and approve system-wide  curriculum  objectives
33        and  standards,  including  graduation  standards,  which
34        reflect  the multi-cultural diversity in the city and are
 
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 1        consistent with State law, provided that for all purposes
 2        of this Article courses or proficiency in  American  Sign
 3        Language   shall  be  deemed  to  constitute  courses  or
 4        proficiency  in  a  foreign  language;  and   to   employ
 5        principals  and  teachers,  appointed as provided in this
 6        Article, and fix their  compensation.   The  board  shall
 7        prepare   such  reports  related  to  minimal  competency
 8        testing as  may  be  requested  by  the  State  Board  of
 9        Education,  and  in  addition  shall  monitor and approve
10        special education and bilingual  education  programs  and
11        policies  within  the district to assure that appropriate
12        services are provided in accordance with applicable State
13        and federal  laws  to  children  requiring  services  and
14        education in those areas;
15             10.  To  employ  non-teaching  personnel  or utilize
16        volunteer personnel  for:  (i)  non-teaching  duties  not
17        requiring instructional judgment or evaluation of pupils,
18        including  library  duties;  and  (ii)  supervising study
19        halls,  long  distance  teaching  reception  areas   used
20        incident   to   instructional   programs  transmitted  by
21        electronic media such as  computers,  video,  and  audio,
22        detention  and  discipline  areas,  and  school-sponsored
23        extracurricular activities. The board may further utilize
24        volunteer    non-certificated    personnel    or   employ
25        non-certificated personnel to assist in  the  instruction
26        of  pupils  under  the immediate supervision of a teacher
27        holding a valid certificate, directly engaged in teaching
28        subject matter or conducting  activities;  provided  that
29        the   teacher   shall   be   continuously  aware  of  the
30        non-certificated persons' activities and shall be able to
31        control or modify them. The general superintendent  shall
32        determine  qualifications  of  such  personnel  and shall
33        prescribe rules for determining the duties and activities
34        to be assigned to such personnel;
 
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 1             11.  To provide television studio facilities in  not
 2        to exceed one school building and to provide programs for
 3        educational  purposes,  provided, however, that the board
 4        shall not construct,  acquire,  operate,  or  maintain  a
 5        television  transmitter;  to  grant the use of its studio
 6        facilities to a licensed television  station  located  in
 7        the  school  district; and to maintain and operate not to
 8        exceed one school radio transmitting station and  provide
 9        programs for educational purposes;
10             12.  To   offer,   if  deemed  appropriate,  outdoor
11        education courses, including field trips within the State
12        of Illinois,  or  adjacent  states,  and  to  use  school
13        educational  funds  for  the  expense of the said outdoor
14        educational programs, whether within the school  district
15        or not;
16             13.  During  that  period  of  the calendar year not
17        embraced within the regular school term, to  provide  and
18        conduct  courses  in subject matters normally embraced in
19        the program of the schools during the regular school term
20        and  to  give  regular  school  credit  for  satisfactory
21        completion by the student  of  such  courses  as  may  be
22        approved for credit by the State Board of Education;
23             14.  To  insure against any loss or liability of the
24        board, the former  School  Board  Nominating  Commission,
25        Local  School  Councils,  the  Chicago  Schools  Academic
26        Accountability   Council,   or   the  former  Subdistrict
27        Councils or of any member,  officer,  agent  or  employee
28        thereof,  resulting  from  alleged  violations  of  civil
29        rights  arising  from  incidents  occurring  on  or after
30        September 5, 1967 or from the wrongful or  negligent  act
31        or  omission  of any such person whether occurring within
32        or without the school  premises,  provided  the  officer,
33        agent  or  employee  was,  at  the  time  of  the alleged
34        violation of civil rights or wrongful  act  or  omission,
 
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 1        acting  within  the  scope  of  his  employment  or under
 2        direction  of  the  board,  the   former   School   Board
 3        Nominating   Commission,  the  Chicago  Schools  Academic
 4        Accountability Council, Local  School  Councils,  or  the
 5        former  Subdistrict  Councils;  and  to  provide  for  or
 6        participate  in  insurance  plans  for  its  officers and
 7        employees,  including  but  not  limited  to   retirement
 8        annuities, medical, surgical and hospitalization benefits
 9        in  such  types  and  amounts as may be determined by the
10        board; provided, however, that the board  shall  contract
11        for   such  insurance  only  with  an  insurance  company
12        authorized to do business in this State.  Such  insurance
13        may include provision for employees who rely on treatment
14        by  prayer  or  spiritual  means  alone  for  healing, in
15        accordance with the tenets and practice of  a  recognized
16        religious denomination;
17             15.  To  contract  with the corporate authorities of
18        any municipality or the county board of  any  county,  as
19        the case may be, to provide for the regulation of traffic
20        in parking areas of property used for school purposes, in
21        such  manner  as  is  provided  by  Section 11-209 of The
22        Illinois Vehicle Code, approved September  29,  1969,  as
23        amended;
24             16.  (a)  To provide, on an equal basis, access to a
25        high the school campus and student directory  information
26        to  the  official recruiting representatives of the armed
27        forces of Illinois and the United States for the purposes
28        of informing  students  of  the  educational  and  career
29        opportunities  available in the military if the board has
30        provided such access to persons or groups  whose  purpose
31        is  to acquaint students with educational or occupational
32        opportunities  available  to  them.   The  board  is  not
33        required to give greater notice regarding  the  right  of
34        access  to  recruiting  representatives  than is given to
 
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 1        other  persons  and  groups.   In  this   paragraph   16,
 2        "directory  information"  means  a  high school student's
 3        name, address, and telephone number.
 4             (b)  If a student or his or her parent  or  guardian
 5        submits  a  signed,  written  request  to the high school
 6        before the end of the student's sophomore year (or if the
 7        student is a transfer student, by another time set by the
 8        high school) that indicates that the student  or  his  or
 9        her  parent  or  guardian  does  not  want  the student's
10        directory  information  to  be   provided   to   official
11        recruiting  representatives  under subsection (a) of this
12        Section, the high school may not provide  access  to  the
13        student's   directory  information  to  these  recruiting
14        representatives.   The  high  school  shall  notify   its
15        students and their parents or guardians of the provisions
16        of this subsection (b).
17             (c)  A  high  school may require official recruiting
18        representatives of the armed forces of Illinois  and  the
19        United  States  to  pay  a  fee for copying and mailing a
20        student's directory information in an amount that is  not
21        more than the actual costs incurred by the high school.
22             (d)  Information  received by an official recruiting
23        representative under this Section may  be  used  only  to
24        provide  information  to  students concerning educational
25        and career opportunities available in  the  military  and
26        may  not  be  released to a person who is not involved in
27        recruiting students for the armed forces of  Illinois  or
28        the United States;
29             17. (a)  To  sell  or  market  any  computer program
30        developed by an employee of the school district, provided
31        that such employee developed the computer  program  as  a
32        direct  result  of  his  or  her  duties  with the school
33        district  or  through  the  utilization  of  the   school
34        district  resources  or  facilities.    The  employee who
 
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 1        developed the computer program shall be entitled to share
 2        in the proceeds of such sale or marketing of the computer
 3        program.  The distribution of such proceeds  between  the
 4        employee  and the school district shall be as agreed upon
 5        by the employee and  the  school  district,  except  that
 6        neither  the employee nor the school district may receive
 7        more than 90% of such proceeds.  The negotiation  for  an
 8        employee  who  is  represented by an exclusive bargaining
 9        representative  may  be  conducted  by  such   bargaining
10        representative at the employee's request.
11             (b)  For the purpose of this paragraph 17:
12                  (1)  "Computer" means an internally programmed,
13             general    purpose   digital   device   capable   of
14             automatically accepting data,  processing  data  and
15             supplying the results of the operation.
16                  (2)  "Computer program" means a series of coded
17             instructions or statements in a form acceptable to a
18             computer,  which causes the computer to process data
19             in order to achieve a certain result.
20                  (3)  "Proceeds"  means  profits  derived   from
21             marketing  or  sale of a product after deducting the
22             expenses of developing and marketing such product;
23             18.  To delegate to the  general  superintendent  of
24        schools,   by   resolution,   the  authority  to  approve
25        contracts and expenditures in amounts of $10,000 or less;
26             19.  Upon the written request  of  an  employee,  to
27        withhold from the compensation of that employee any dues,
28        payments or contributions payable by such employee to any
29        labor organization as defined in the Illinois Educational
30        Labor  Relations  Act.  Under such arrangement, an amount
31        shall be withheld from each regular payroll period  which
32        is  equal  to  the pro rata share of the annual dues plus
33        any  payments  or  contributions,  and  the  board  shall
34        transmit  such  withholdings  to  the   specified   labor
 
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 1        organization  within 10 working days from the time of the
 2        withholding;
 3             19a.  Upon receipt of notice from the comptroller of
 4        a municipality with a population of 500,000 or more  that
 5        a  debt  is due and owing the municipality by an employee
 6        of the  Chicago  School  Reform  Board  of  Trustees,  to
 7        withhold,  from  the  compensation  of that employee, the
 8        amount of the debt that is due  and  owing  and  pay  the
 9        amount  withheld  to the municipality; provided, however,
10        that the amount deducted from  any  one  salary  or  wage
11        payment  shall  not  exceed  25% of the net amount of the
12        payment.  Before the Board deducts any  amount  from  any
13        salary  or  wage of an employee under this paragraph, the
14        municipality shall certify that  the  employee  has  been
15        afforded an opportunity for a hearing to dispute the debt
16        that  is due and owing the municipality.  For purposes of
17        this paragraph, "net  amount"  means  that  part  of  the
18        salary  or  wage payment remaining after the deduction of
19        any amounts required by law to be deducted and "debt  due
20        and owing" means (i) a specified sum of money owed to the
21        municipality for city services, work, or goods, after the
22        period  granted  for  payment  has  expired,  or  (ii)  a
23        specified  sum of money owed to the municipality pursuant
24        to a court order or order of  an  administrative  hearing
25        officer  after  the  exhaustion  of,  or  the  failure to
26        exhaust, judicial review;
27             20.  The board is encouraged to employ a  sufficient
28        number  of  certified  school  counselors  to  maintain a
29        student/counselor ratio of 250 to  1  by  July  1,  1990.
30        Each  counselor shall spend at least 75% of his work time
31        in direct contact with  students  and  shall  maintain  a
32        record of such time;
33             21.  To  make  available  to students vocational and
34        career counseling  and  to  establish  5  special  career
 
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 1        counseling  days for students and parents.  On these days
 2        representatives of local businesses and industries  shall
 3        be invited to the school campus and shall inform students
 4        of  career opportunities available to them in the various
 5        businesses and industries.  Special  consideration  shall
 6        be  given  to  counseling  minority students as to career
 7        opportunities available to them in various fields.    For
 8        the  purposes of this paragraph, minority student means a
 9        person who is:
10                  (a)  Black (a person having origins in  any  of
11             the black racial groups in Africa);
12                  (b)  Hispanic   (a   person   of   Spanish   or
13             Portuguese  culture with origins in Mexico, South or
14             Central   America,   or   the   Caribbean   islands,
15             regardless of race);
16                  (c)  Asian American (a person having origins in
17             any  of  the  original  peoples  of  the  Far  East,
18             Southeast  Asia,  the  Indian  Subcontinent  or  the
19             Pacific Islands); or
20                  (d)  American  Indian  or  Alaskan  Native   (a
21             person having origins in any of the original peoples
22             of North America).
23             Counseling  days  shall  not  be  in lieu of regular
24        school days;
25             22.  To report to the State Board of  Education  the
26        annual  student  dropout  rate and number of students who
27        graduate from, transfer from or otherwise leave bilingual
28        programs;
29             23.  Except as otherwise provided in the Abused  and
30        Neglected  Child  Reporting Act or other applicable State
31        or federal law, to permit school officials  to  withhold,
32        from  any  person,  information on the whereabouts of any
33        child removed from school premises  when  the  child  has
34        been  taken  into  protective  custody  as  a  victim  of
 
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 1        suspected  child  abuse.   School  officials shall direct
 2        such person to the  Department  of  Children  and  Family
 3        Services,  or  to  the  local  law  enforcement agency if
 4        appropriate;
 5             24.  To develop a policy, based on the current state
 6        of existing school facilities, projected  enrollment  and
 7        efficient utilization of available resources, for capital
 8        improvement  of  schools  and school buildings within the
 9        district, addressing in that  policy  both  the  relative
10        priority  for major repairs, renovations and additions to
11        school facilities, and the advisability or  necessity  of
12        building   new  school  facilities  or  closing  existing
13        schools to meet current or projected demographic patterns
14        within the district;
15             25.  To make available to the students in every high
16        school attendance center the ability to take all  courses
17        necessary  to comply with the Board of Higher Education's
18        college entrance criteria effective in 1993;
19             26.  To  encourage  mid-career  changes   into   the
20        teaching   profession,  whereby  qualified  professionals
21        become  certified  teachers,  by  allowing   credit   for
22        professional    employment   in   related   fields   when
23        determining point of entry on teacher pay scale;
24             27.  To provide or contract  out  training  programs
25        for  administrative personnel and principals with revised
26        or expanded duties pursuant  to  this  Act  in  order  to
27        assure  they  have  the  knowledge  and skills to perform
28        their duties;
29             28.  To establish a fund for the prioritized special
30        needs programs, and to allocate such funds and other lump
31        sum  amounts  to  each  attendance  center  in  a  manner
32        consistent with the  provisions  of  part  4  of  Section
33        34-2.3.   Nothing in this paragraph shall be construed to
34        require any additional appropriations of State funds  for
 
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 1        this purpose;
 2             29.  (Blank);
 3             30.  Notwithstanding any other provision of this Act
 4        or  any other law to the contrary, to contract with third
 5        parties for services otherwise  performed  by  employees,
 6        including those in a bargaining unit, and to layoff those
 7        employees  upon  14  days  written notice to the affected
 8        employees.  Those contracts may be for a  period  not  to
 9        exceed 5 years and may be awarded on a system-wide basis;
10             31.  To  promulgate  rules  establishing  procedures
11        governing  the  layoff or reduction in force of employees
12        and the recall of  such  employees,  including,  but  not
13        limited  to,  criteria  for  such  layoffs, reductions in
14        force or recall rights of such employees and  the  weight
15        to  be  given to any particular criterion.  Such criteria
16        shall take into account factors  including,  but  not  be
17        limited  to,  qualifications, certifications, experience,
18        performance ratings or evaluations, and any other factors
19        relating to an employee's job performance; and
20             32.  To develop a policy to prevent nepotism in  the
21        hiring of personnel or the selection of contractors.
22        The  specifications  of the powers herein granted are not
23    to be  construed  as  exclusive  but  the  board  shall  also
24    exercise  all  other  powers  that  they  may be requisite or
25    proper for the maintenance and the development  of  a  public
26    school  system, not inconsistent with the other provisions of
27    this Article or provisions of this Code which  apply  to  all
28    school districts.
29        In  addition  to the powers herein granted and authorized
30    to be exercised by the board, it shall be  the  duty  of  the
31    board  to  review or to direct independent reviews of special
32    education expenditures and services. The board shall  file  a
33    report  of such review with the General Assembly on or before
34    May 1, 1990.
 
SB384 Engrossed             -15-               LRB9204670NTsb
 1    (Source: P.A. 89-15,  eff.  5-30-95;  89-397,  eff.  8-20-95;
 2    89-626,  eff.  8-9-96;  90-22,  eff.  6-20-97;  90-548,  eff.
 3    1-1-98.)

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