Full Text of HB4156 96th General Assembly
HB4156 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4156
Introduced 2/27/2009, by Rep. Elizabeth Coulson SYNOPSIS AS INTRODUCED: |
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Amends the State Officials and Employees Ethics Act. Makes changes with respect to (i) executive branch ethics training and (ii) investigations and reports by Executive Inspectors General.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4156 |
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LRB096 08926 JAM 19063 b |
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Officials and Employees Ethics Act is | 5 |
| amended by changing Sections 5-10, 20-50, 20-90, 20-95, and | 6 |
| 50-5 as follows: | 7 |
| (5 ILCS 430/5-10)
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| Sec. 5-10. Ethics training. | 9 |
| (a) Each officer, member, and employee
must complete, at | 10 |
| least
annually beginning in 2004, an ethics training program | 11 |
| conducted by the
appropriate
State agency. Each ultimate | 12 |
| jurisdictional authority
must implement an ethics training | 13 |
| program for its officers, members, and
employees.
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| (b) Each ultimate jurisdictional authority subject to the | 15 |
| Executive Ethics Commission shall submit to the Executive | 16 |
| Ethics Commission, at least annually, or more frequently as | 17 |
| required by that Commission, an annual report that (1) | 18 |
| summarizes ethics training that was completed during the | 19 |
| previous year, and (2) lays out the plan for the ethics | 20 |
| training programs in the coming year.
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| (c) These ethics training programs shall be overseen by the | 22 |
| appropriate Ethics
Commission and Inspector
General appointed | 23 |
| pursuant to this Act in consultation with the Office of the
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| Attorney
General.
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| (d) Each Inspector General , or the Executive Ethics | 3 |
| Commission with respect to the ethics training of persons | 4 |
| subject to the Executive Ethics Commission,
shall set standards | 5 |
| and
determine the hours and frequency of training necessary for | 6 |
| each
position or category of positions. A person who fills a | 7 |
| vacancy in an
elective or appointed position that requires | 8 |
| training and a person
employed in a position that requires | 9 |
| training must complete his or her
initial ethics training | 10 |
| within 6 months after commencement of his or
her office or | 11 |
| employment.
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| (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.) | 13 |
| (5 ILCS 430/20-50)
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| Sec. 20-50. Investigation reports; complaint procedure.
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| (a) With respect to complaints received by an Executive | 16 |
| Inspector General prior to July 1, 2012, within 10 days after | 17 |
| an Executive Inspector General begins an investigation, the | 18 |
| Executive Inspector General shall provide the Executive Ethics | 19 |
| Commission with (1) a summary of allegations and alleged | 20 |
| violations, the reason for opening the investigation, and the | 21 |
| unique tracking number assigned to the investigation and (2) | 22 |
| any additional information requested by the Executive Ethics | 23 |
| Commission. At any time, if
If an Executive Inspector General, | 24 |
| upon the conclusion of an
investigation, determines that | 25 |
| reasonable cause exists to believe that a
violation
has |
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| occurred, then
the Executive Inspector General shall issue a | 2 |
| summary report of the
investigation. The report shall be | 3 |
| delivered to the
appropriate ultimate jurisdictional
authority | 4 |
| and to the head of each State
agency
affected by or involved in | 5 |
| the investigation, if appropriate.
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| (a-5) With respect to complaints received by an Executive | 7 |
| Inspector General prior to July 1, 2012, not more than 60 days | 8 |
| after delivering a summary report to the appropriate ultimate | 9 |
| jurisdictional authority and to the head of each State agency, | 10 |
| the Executive Inspector General shall deliver the summary | 11 |
| report to the Executive Ethics Commission. The Executive | 12 |
| Inspector General shall also provide the Executive Ethics | 13 |
| Commission with a report detailing the discipline related to | 14 |
| the summary report, if any, that the ultimate jurisdictional | 15 |
| authority or head of the State agency has imposed or intends to | 16 |
| impose. The Executive Inspector General shall provide any | 17 |
| additional information requested by the Executive Ethics | 18 |
| Commission. In the event the Executive Inspector General seeks | 19 |
| to file a petition for leave to file a complaint with the | 20 |
| Executive Ethics Commission pursuant to subsection (c), the | 21 |
| Executive Inspector General shall not deliver the summary | 22 |
| report to the Executive Ethics Commission and instead shall | 23 |
| notify the Commission and the Attorney General. If the Attorney | 24 |
| General does not file a petition for leave to file a complaint | 25 |
| with the Executive Ethics Commission within the time permitted | 26 |
| by statute, the Executive Inspector General must deliver a |
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| summary report to the Executive Ethics Commission within 30 | 2 |
| days.
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| Any report delivered to the Executive Ethics Commission | 4 |
| under this subsection shall not contain the name, office, or | 5 |
| position title of any individual person.
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| (b) The summary report of the investigation shall include | 7 |
| the following:
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| (1) A description of any allegations or other | 9 |
| information
received by the Executive Inspector General | 10 |
| pertinent to the
investigation.
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| (2) A description of any alleged misconduct discovered | 12 |
| in the
course of the investigation.
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| (2.5) With respect to complaints received by an | 14 |
| Executive Inspector General prior to July 1, 2012, a | 15 |
| specific recommendation for any corrective or disciplinary | 16 |
| action to be taken in response to any alleged misconduct | 17 |
| described in the report, including but not limited to | 18 |
| suspension or discharge.
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| (3) With respect to complaints received by an Executive | 20 |
| Inspector General on or after July 1, 2012, recommendations
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| Recommendations for any corrective or disciplinary
action | 22 |
| to be taken in response to any alleged misconduct described | 23 |
| in the
report, including but not limited to discharge.
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| (4) Other information the Executive Inspector General
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| deems relevant to the investigation or resulting | 26 |
| recommendations.
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| (c) Not less than 30 days after delivery , under subsection | 2 |
| (a), of the summary report of
an
investigation to the | 3 |
| appropriate ultimate jurisdictional authority and to the head | 4 |
| of each State agency affected by or involved in the | 5 |
| investigation under subsection (a) ,
if the Executive Inspector | 6 |
| General desires to file a petition for leave to file
a
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| complaint, the Executive Inspector General shall notify the | 8 |
| Commission and the
Attorney General.
If the Attorney General | 9 |
| determines
that reasonable cause exists to believe that a | 10 |
| violation has occurred, then the
Executive Inspector
General, | 11 |
| represented by the Attorney
General, may file with the | 12 |
| Executive Ethics Commission a petition for
leave to file a | 13 |
| complaint.
The petition shall set
forth the alleged violation | 14 |
| and the
grounds that exist to support the petition. The | 15 |
| petition for leave to
file a complaint must be filed with the | 16 |
| Commission within 18 months
after the most recent act of the
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| alleged violation or of a series of alleged violations
except | 18 |
| where there is reasonable cause to believe
that fraudulent | 19 |
| concealment has occurred. To constitute fraudulent concealment
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| sufficient to toll this limitations period, there must be an | 21 |
| affirmative act or
representation calculated to prevent | 22 |
| discovery of the fact that a violation has
occurred.
If a | 23 |
| petition for leave to file a complaint is not filed with the | 24 |
| Commission
within 6 months after notice by the Inspector | 25 |
| General to the Commission and the
Attorney General, then the | 26 |
| Commission may set a meeting of the Commission at
which the |
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| Attorney General shall appear and provide a status
report to | 2 |
| the Commission.
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| (d) A copy of the petition must be served on all | 4 |
| respondents named in the
complaint and on each respondent's | 5 |
| ultimate jurisdictional authority in
the same manner as process | 6 |
| is served under the Code of Civil
Procedure.
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| (e) A respondent may file objections to the petition for | 8 |
| leave to
file a complaint within 30 days after notice of the | 9 |
| petition has been
served on the respondent.
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| (f) The Commission shall meet, either in person or by | 11 |
| telephone,
in a closed session to review the sufficiency of the | 12 |
| complaint.
If the Commission finds that complaint is | 13 |
| sufficient, the Commission shall
grant the petition for leave | 14 |
| to file the
complaint.
The Commission shall
issue notice to the | 15 |
| Executive Inspector General and all respondents of
the | 16 |
| Commission's ruling on the sufficiency of the complaint. If the | 17 |
| complaint
is deemed to
sufficiently allege a violation of this | 18 |
| Act, then the Commission shall notify
the parties and shall
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| include a hearing date scheduled within 4 weeks after the date | 20 |
| of the notice,
unless all of the parties consent to a later | 21 |
| date.
If the complaint is deemed not to sufficiently allege a
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| violation, then
the Commission shall send by certified mail, | 23 |
| return receipt requested,
a notice to the parties of the | 24 |
| decision to dismiss the complaint.
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| (g) On the scheduled date
the Commission shall conduct a | 26 |
| closed meeting,
either in person or, if the parties consent, by |
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| telephone, on the complaint and
allow all
parties the | 2 |
| opportunity to present testimony and evidence.
All such | 3 |
| proceedings shall be transcribed.
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| (h) Within an appropriate time limit set by rules of the | 5 |
| Executive
Ethics Commission, the Commission shall (i) dismiss | 6 |
| the
complaint or (ii) issue a recommendation of discipline to | 7 |
| the
respondent and the respondent's ultimate jurisdictional | 8 |
| authority or
impose an administrative fine upon the respondent, | 9 |
| or both.
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| (i) The proceedings on any complaint filed with the | 11 |
| Commission
shall be conducted pursuant to rules promulgated by | 12 |
| the Commission.
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| (j) The Commission may designate hearing officers
to | 14 |
| conduct proceedings as determined by rule of the Commission.
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| (k) In all proceedings before the Commission, the standard | 16 |
| of
proof is by a preponderance of the evidence.
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| (l) When the Inspector General concludes that there is | 18 |
| insufficient
evidence that a violation has occurred, the | 19 |
| Inspector General shall close the
investigation. At the request | 20 |
| of the subject of the investigation, the
Inspector
General | 21 |
| shall provide a written statement to the subject of the | 22 |
| investigation
and to the Commission of
the Inspector General's | 23 |
| decision to close the investigation. Closure by the
Inspector | 24 |
| General does not bar the Inspector General from resuming the
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| investigation if circumstances warrant.
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| (Source: P.A. 93-617, eff. 12-9-03.) |
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| (5 ILCS 430/20-90)
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| Sec. 20-90. Confidentiality.
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| (a) The identity of any individual providing information or | 4 |
| reporting any
possible or alleged
misconduct to an Executive | 5 |
| Inspector General or the Executive Ethics
Commission
shall be | 6 |
| kept confidential and may not be disclosed
without the consent | 7 |
| of that individual, unless the individual consents to
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| disclosure of his or her name or disclosure of the individual's | 9 |
| identity is
otherwise required by law. The confidentiality | 10 |
| granted by this subsection does
not preclude the disclosure of | 11 |
| the identity of a person in any capacity other
than as the | 12 |
| source of an allegation.
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| (a-5) Each summary provided to the Executive Ethics | 14 |
| Commission by an Executive Inspector General within 10 days | 15 |
| after beginning an investigation, as required by subsection (a) | 16 |
| of Section 20-50, and each report provided to the Executive | 17 |
| Ethics Commission by an Executive Inspector General under | 18 |
| subsection (a-5) of Section 20-50 shall be kept confidential | 19 |
| and may not be disclosed.
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| (b) Subject to the provisions of Section 20-50(c), | 21 |
| commissioners, employees,
and agents of the Executive Ethics | 22 |
| Commission,
the Executive Inspectors General, and employees | 23 |
| and agents of each Office of
an
Executive Inspector General | 24 |
| shall keep confidential and shall not disclose
information | 25 |
| exempted from disclosure under the Freedom of
Information Act |
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| or by this Act.
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| (Source: P.A. 93-617, eff. 12-9-03.) | 3 |
| (5 ILCS 430/20-95)
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| Sec. 20-95. Exemptions.
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| (a) Documents generated by an ethics
officer under this | 6 |
| Act, except Section 5-50, are exempt from the provisions of
the | 7 |
| Freedom
of Information Act.
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| (b) Any allegations
and related documents
submitted to an | 9 |
| Executive Inspector General and any pleadings and
related | 10 |
| documents brought before the Executive Ethics
Commission are | 11 |
| exempt from the provisions of the Freedom of
Information Act so | 12 |
| long as the Executive Ethics Commission
does not make a finding | 13 |
| of a violation of this Act.
If the Executive
Ethics Commission | 14 |
| finds that a violation has occurred, the
entire record of | 15 |
| proceedings before the Commission, the decision and
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| recommendation, and the mandatory report from the agency head | 17 |
| or
ultimate jurisdictional authority to the Executive Ethics
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| Commission are not exempt from the provisions of the Freedom of
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| Information Act but information contained therein that is | 20 |
| otherwise exempt from
the
Freedom of Information Act must be | 21 |
| redacted before disclosure as provided in
Section 8 of the | 22 |
| Freedom of Information Act.
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| (c) Meetings of the Commission under
Sections 20-5
and | 24 |
| 20-15 of this Act are exempt from the provisions of the Open
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| Meetings Act.
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| (d) Unless otherwise provided in this Act, all | 2 |
| investigatory files and
reports of the Office of an Executive | 3 |
| Inspector General , other than quarterly
reports, are | 4 |
| confidential, are exempt from disclosure
under the Freedom of | 5 |
| Information Act, and shall not be divulged to
any person or | 6 |
| agency, except as necessary (i) to the appropriate law
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| enforcement
authority if the matter is referred pursuant to | 8 |
| this Act, (ii) to the ultimate
jurisdictional authority, (iii) | 9 |
| to the
Executive Ethics Commission; or (iv) to another | 10 |
| Inspector General appointed
pursuant to this Act. | 11 |
| Investigatory reports, including summary reports of | 12 |
| investigations, and quarterly reports of the Office of an | 13 |
| Executive Inspector General are not exempt from the provisions | 14 |
| of the Freedom of Information Act, but information contained | 15 |
| therein that is otherwise exempt from the Freedom of | 16 |
| Information Act must be redacted before disclosure as provided | 17 |
| in Section 8 of the Freedom of Information Act.
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| (Source: P.A. 93-617, eff. 12-9-03.) | 19 |
| (5 ILCS 430/50-5)
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| Sec. 50-5. Penalties.
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| (a) A person is guilty of a Class A misdemeanor if that | 22 |
| person intentionally
violates (i) subsection (a-5) of Section | 23 |
| 20-90 or (ii) any provision of Section 5-15, 5-30, 5-40, or | 24 |
| 5-45 or Article 15.
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| (b) A person who intentionally violates any provision
of |
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| Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business | 2 |
| offense
subject to a fine of at least $1,001 and up to $5,000.
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| (c) A person who intentionally violates any provision of | 4 |
| Article 10 is
guilty of a business
offense and subject to a | 5 |
| fine of at least $1,001 and up to $5,000.
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| (d) Any person who intentionally makes a
false report | 7 |
| alleging a violation of any provision of this Act to an ethics
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| commission,
an inspector general,
the State Police, a State's | 9 |
| Attorney, the Attorney General, or any other law
enforcement | 10 |
| official is guilty of a Class A misdemeanor.
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| (e) An ethics commission may levy an administrative fine of | 12 |
| up to $5,000
against any person
who violates this Act, who | 13 |
| intentionally obstructs or interferes with an
investigation
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| conducted under this Act by an inspector general, or who
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| intentionally makes a false, frivolous, or bad faith | 16 |
| allegation.
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| (f) In addition to any other penalty that may apply, | 18 |
| whether criminal or
civil, a State employee who intentionally | 19 |
| violates
any provision of Section 5-15, 5-20, 5-30, 5-35, 5-40, | 20 |
| or 5-50, Article 10,
Article 15, or Section 20-90 or 25-90 is | 21 |
| subject to discipline or discharge by
the
appropriate ultimate
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| jurisdictional authority.
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| (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
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INDEX
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Statutes amended in order of appearance
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| 5 ILCS 430/5-10 |
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| 5 ILCS 430/20-50 |
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| 5 ILCS 430/20-90 |
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| 5 ILCS 430/20-95 |
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| 5 ILCS 430/50-5 |
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