Rep. Jack D. Franks
Filed: 1/10/2005
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 738




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    AMENDMENT NO. ______. Amend Senate Bill 738 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Election Code is amended  by changing 
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Sections 1A-9 and 1A-12 as follows:
 



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    (10 ILCS 5/1A-9)  (from Ch. 46, par. 1A-9)



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    Sec. 1A-9. The State Board of Elections shall appoint an 
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executive
director and an assistant executive director.  The

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Subject to the provisions of
the "Personnel Code", the annual 
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compensation of the executive director and
assistant executive 
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director shall be determined by the Board.

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    The executive director and assistant executive director 
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may be removed
from office at any time by a vote of
at least 5 
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members of the Board. Upon any such removal a vacancy is

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created which shall be filled as provided for the initial 
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appointments.

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    The Board, upon the affirmative vote of a majority of its 
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members, may
from time to time contract with technical 
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consultants to assist it in the
performance of its duties.  Such 
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technical consultants shall be compensated
only under 
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contracts which specify the duties to be performed and the 
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compensation
therefor.  Except as otherwise provided in this 
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Section, contracts with
technical consultants, other than 
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hearing officers
and attorneys representing the Board in 
 


 






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litigation, shall terminate no more
than 60 days after the 
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commencement of the specified duties and may be extended
once 
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for a period of no more than 30 days upon the affirmative vote 
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of a
majority of the Board.  The time limitations imposed by 
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this Section on
contracts with technical consultants shall not 
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apply to a contract with a
technical consultant for the 
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provision of electronic data processing
services in connection 
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with the Board's performance of the duties assigned
to it 
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pursuant to paragraph (11) of Section 1A-8 or in connection 
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with the
Board's performance of the duties assigned to it 
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pursuant to Sections 4-8,
5-7 and 6-35 concerning the 
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furnishing of electronic data or compilations
containing voter 
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registration information to state political committees

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registered pursuant to the Illinois Campaign Finance Act or the 
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Federal
Election Campaign Act.  No technical consultant, other 
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than a hearing officer
or an attorney engaged to represent the 
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Board in litigation, may be compensated
under more than one 
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contract in any fiscal year.

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(Source: P.A. 84-1026.)

 



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    (10 ILCS 5/1A-12)  (from Ch. 46, par. 1A-12)


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    Sec. 1A-12. The
Subject to the provisions of the "Personnel 
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Code",
approved July 18, 1955, as heretofore or hereafter 
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amended, the State
Board of Elections may employ, promote or 
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discharge such additional
persons as are necessary for the 
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proper performance of its duties under
this Code, including 
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investigators, examiners and hearing officers.
However, 
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persons employed by the State Board of Elections prior to 
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January 1,
1978 and previously certified under a merit plan 
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adopted by the Board
shall not be subject to any probationary 
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period nor required to qualify
by examination under "The 
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Personnel Code"
to continue in their positions.  No
employee or 
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consultant may appear before the Board in any representative

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capacity within 6 months after termination of his employment or

 


 






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contractual relationship with the Board.

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(Source: P.A. 80-1437.)


 
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    Section 10. The Personnel Code is amended  by changing 
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Section 4c as follows:
 
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    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)

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    Sec. 4c. General exemptions.   The following positions in 
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State
service shall be exempt from jurisdictions A, B, and C, 
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unless the
jurisdictions shall be extended as provided in this 
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Act:


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        (1) All officers elected by the people.


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        (2) All positions under the Lieutenant Governor, 
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    Secretary of State,
State Treasurer, State Comptroller, 
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    State Board of Education, Clerk of
the Supreme Court, and

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    Attorney General, and State Board of Elections.


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        (3) Judges, and officers and employees of the courts, 
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    and notaries
public.


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        (4) All officers and employees of the Illinois General 
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    Assembly, all
employees of legislative commissions, all 
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    officers and employees of  the
Illinois Legislative 
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    Reference Bureau, the Legislative
Research Unit, and the 
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    Legislative Printing Unit.


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        (5) All positions in the Illinois National Guard and 
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    Illinois State
Guard, paid from federal funds or positions

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    in the State  Military Service filled by enlistment and paid 
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    from State
funds.


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        (6) All employees of the Governor at the executive 
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    mansion and on
his immediate personal staff.


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        (7) Directors of Departments, the Adjutant General, 
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    the Assistant
Adjutant General, the Director of the 
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    Illinois Emergency
Management Agency, members of boards 
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    and commissions,  and all other
positions appointed by the 
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    Governor by and with the consent of the
Senate.


 


 






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        (8) The presidents, other principal administrative 
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    officers, and
teaching, research and extension faculties 
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    of
Chicago State University, Eastern Illinois University, 
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    Governors State
University, Illinois State University, 
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    Northeastern Illinois University,
Northern Illinois 
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    University, Western Illinois University, the Illinois

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    Community College Board, Southern Illinois
University, 
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    Illinois Board of Higher Education, University of

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    Illinois, State Universities Civil Service System, 
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    University Retirement
System of Illinois, and the 
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    administrative officers and scientific and
technical staff 
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    of the Illinois State Museum.


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        (9) All other employees except the presidents, other 
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    principal
administrative officers, and teaching, research 
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    and extension faculties
of the universities under the 
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    jurisdiction of the Board of Regents and
the colleges and 
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    universities under the  jurisdiction of the Board of

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    Governors of State Colleges and Universities, Illinois 
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    Community College
Board, Southern Illinois University, 
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    Illinois Board of Higher Education,
Board of Governors of 
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    State Colleges and Universities, the Board of
Regents, 
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    University  of Illinois, State Universities Civil Service

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    System, University Retirement System of Illinois, so long 
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    as these are
subject to the provisions of the State 
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    Universities Civil Service Act.


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        (10) The State Police so long as they are subject to 
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    the merit
provisions of the State Police Act.


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        (11) The scientific staff of the State Scientific 
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    Surveys and the
Waste Management and Research
Center.


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        (12) The technical and engineering staffs of the 
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    Department of
Transportation, the Department of Nuclear 
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    Safety, the Pollution Control
Board, and the Illinois 
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    Commerce Commission, and the technical and engineering

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    staff providing architectural and engineering services in 
 


 






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    the Department of
Central Management Services.


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        (13) All employees of the Illinois State Toll Highway 
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    Authority.


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        (14) The Secretary of the Illinois Workers' 
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    Compensation Commission.


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        (15) All persons who are appointed or employed by the 
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    Director of
Insurance  under authority of Section 202 of the 
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    Illinois Insurance Code
to assist the Director  of Insurance 
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    in discharging his responsibilities
relating to the 
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    rehabilitation, liquidation, conservation, and
dissolution 
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    of companies that are subject to the jurisdiction of the

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    Illinois  Insurance Code.


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        (16) All employees of the St. Louis Metropolitan Area 
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    Airport
Authority.


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        (17) All investment officers employed by the Illinois 
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    State Board of
Investment.


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        (18) Employees of the Illinois Young Adult 
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    Conservation Corps program,
administered by the Illinois 
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    Department of Natural Resources, authorized
grantee under 
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    Title VIII of the Comprehensive
Employment and Training Act 
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    of 1973, 29 USC 993.


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        (19) Seasonal employees of the Department of 
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    Agriculture for the
operation of the Illinois State Fair 
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    and the DuQuoin State Fair, no one
person receiving more 
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    than 29 days of such employment in any calendar year.


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        (20) All "temporary" employees hired under the 
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    Department of Natural
Resources' Illinois Conservation 
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    Service, a youth
employment program that hires young people 
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    to work in State parks for a period
of one year or less.


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        (21) All hearing officers of the Human Rights 
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    Commission.


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        (22) All employees of the Illinois Mathematics and 
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    Science Academy.


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        (23) All employees of the Kankakee River Valley Area

 


 






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    Airport Authority.


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        (24) The commissioners and employees of the Executive 
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    Ethics
Commission.

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        (25) The Executive Inspectors General, including 
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    special Executive
Inspectors General, and employees of 
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    each Office of an
Executive Inspector General.

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        (26) The commissioners and employees of the 
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    Legislative Ethics
Commission.


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        (27) The Legislative Inspector General, including 
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    special Legislative
Inspectors General, and employees of 
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    the Office of
the Legislative Inspector General.


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        (28) The Auditor General's Inspector General and 
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    employees of the Office
of the Auditor General's Inspector 
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    General.


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(Source: P.A. 93-617, eff. 12-9-03; 93-721, eff. 1-1-05; 
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revised 10-14-04.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".