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Rep. David Harris
Filed: 5/23/2016
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1 | | AMENDMENT TO SENATE BILL 2861
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2 | | AMENDMENT NO. ______. Amend Senate Bill 2861 on page 8, |
3 | | line 12, by replacing "offense when" with "offense. When"; and
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4 | | on page 8, line 14, by replacing "domestic. In such a case" |
5 | | with "domestic,"; and |
6 | | by replacing line 18 on page 15 through line 5 on page 16 with |
7 | | the following: |
8 | | "Section 15. Article 15. Non-judicial punishment |
9 | | proceedings. The Adjutant General may adopt rules to effectuate |
10 | | non-judicial punishment proceedings in accordance with the |
11 | | Illinois Administrative Procedure Act which may impose |
12 | | disciplinary punishments for minor offenses without the |
13 | | intervention of a court-martial pursuant to this Article."; and |
14 | | on page 32, by replacing lines 7 through 14 with the following: |
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1 | | "Section 36. Article 36. Trial procedure. The Adjutant |
2 | | General may adopt rules in accordance with the Illinois |
3 | | Administrative Procedure Act which establish pretrial, trial, |
4 | | and post-trial procedures, including modes of proof, for |
5 | | courts-martial cases arising under this Code and for courts of |
6 | | inquiry, and which shall apply the principles of law and the"; |
7 | | and |
8 | | on page 105, immediately below line 24, by inserting the |
9 | | following: |
10 | | "Section 150. The Illinois Administrative Procedure Act is |
11 | | amended by changing Section 5-45 as follows: |
12 | | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) |
13 | | Sec. 5-45. Emergency rulemaking. |
14 | | (a) "Emergency" means the existence of any situation that |
15 | | any agency
finds reasonably constitutes a threat to the public |
16 | | interest, safety, or
welfare. |
17 | | (b) If any agency finds that an
emergency exists that |
18 | | requires adoption of a rule upon fewer days than
is required by |
19 | | Section 5-40 and states in writing its reasons for that
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20 | | finding, the agency may adopt an emergency rule without prior |
21 | | notice or
hearing upon filing a notice of emergency rulemaking |
22 | | with the Secretary of
State under Section 5-70. The notice |
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1 | | shall include the text of the
emergency rule and shall be |
2 | | published in the Illinois Register. Consent
orders or other |
3 | | court orders adopting settlements negotiated by an agency
may |
4 | | be adopted under this Section. Subject to applicable |
5 | | constitutional or
statutory provisions, an emergency rule |
6 | | becomes effective immediately upon
filing under Section 5-65 or |
7 | | at a stated date less than 10 days
thereafter. The agency's |
8 | | finding and a statement of the specific reasons
for the finding |
9 | | shall be filed with the rule. The agency shall take
reasonable |
10 | | and appropriate measures to make emergency rules known to the
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11 | | persons who may be affected by them. |
12 | | (c) An emergency rule may be effective for a period of not |
13 | | longer than
150 days, but the agency's authority to adopt an |
14 | | identical rule under Section
5-40 is not precluded. No |
15 | | emergency rule may be adopted more
than once in any 24 month |
16 | | period, except that this limitation on the number
of emergency |
17 | | rules that may be adopted in a 24 month period does not apply
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18 | | to (i) emergency rules that make additions to and deletions |
19 | | from the Drug
Manual under Section 5-5.16 of the Illinois |
20 | | Public Aid Code or the
generic drug formulary under Section |
21 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) |
22 | | emergency rules adopted by the Pollution Control
Board before |
23 | | July 1, 1997 to implement portions of the Livestock Management
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24 | | Facilities Act, (iii) emergency rules adopted by the Illinois |
25 | | Department of Public Health under subsections (a) through (i) |
26 | | of Section 2 of the Department of Public Health Act when |
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1 | | necessary to protect the public's health, (iv) emergency rules |
2 | | adopted pursuant to subsection (n) of this Section, (v) |
3 | | emergency rules adopted pursuant to subsection (o) of this |
4 | | Section, or (vi) emergency rules adopted pursuant to subsection |
5 | | (c-5) of this Section. Two or more emergency rules having |
6 | | substantially the same
purpose and effect shall be deemed to be |
7 | | a single rule for purposes of this
Section. |
8 | | (c-5) To facilitate the maintenance of the program of group |
9 | | health benefits provided to annuitants, survivors, and retired |
10 | | employees under the State Employees Group Insurance Act of |
11 | | 1971, rules to alter the contributions to be paid by the State, |
12 | | annuitants, survivors, retired employees, or any combination |
13 | | of those entities, for that program of group health benefits, |
14 | | shall be adopted as emergency rules. The adoption of those |
15 | | rules shall be considered an emergency and necessary for the |
16 | | public interest, safety, and welfare. |
17 | | (d) In order to provide for the expeditious and timely |
18 | | implementation
of the State's fiscal year 1999 budget, |
19 | | emergency rules to implement any
provision of Public Act 90-587 |
20 | | or 90-588
or any other budget initiative for fiscal year 1999 |
21 | | may be adopted in
accordance with this Section by the agency |
22 | | charged with administering that
provision or initiative, |
23 | | except that the 24-month limitation on the adoption
of |
24 | | emergency rules and the provisions of Sections 5-115 and 5-125 |
25 | | do not apply
to rules adopted under this subsection (d). The |
26 | | adoption of emergency rules
authorized by this subsection (d) |
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1 | | shall be deemed to be necessary for the
public interest, |
2 | | safety, and welfare. |
3 | | (e) In order to provide for the expeditious and timely |
4 | | implementation
of the State's fiscal year 2000 budget, |
5 | | emergency rules to implement any
provision of Public Act 91-24 |
6 | | this amendatory Act of the 91st General Assembly
or any other |
7 | | budget initiative for fiscal year 2000 may be adopted in
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8 | | accordance with this Section by the agency charged with |
9 | | administering that
provision or initiative, except that the |
10 | | 24-month limitation on the adoption
of emergency rules and the |
11 | | provisions of Sections 5-115 and 5-125 do not apply
to rules |
12 | | adopted under this subsection (e). The adoption of emergency |
13 | | rules
authorized by this subsection (e) shall be deemed to be |
14 | | necessary for the
public interest, safety, and welfare. |
15 | | (f) In order to provide for the expeditious and timely |
16 | | implementation
of the State's fiscal year 2001 budget, |
17 | | emergency rules to implement any
provision of Public Act 91-712 |
18 | | this amendatory Act of the 91st General Assembly
or any other |
19 | | budget initiative for fiscal year 2001 may be adopted in
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20 | | accordance with this Section by the agency charged with |
21 | | administering that
provision or initiative, except that the |
22 | | 24-month limitation on the adoption
of emergency rules and the |
23 | | provisions of Sections 5-115 and 5-125 do not apply
to rules |
24 | | adopted under this subsection (f). The adoption of emergency |
25 | | rules
authorized by this subsection (f) shall be deemed to be |
26 | | necessary for the
public interest, safety, and welfare. |
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1 | | (g) In order to provide for the expeditious and timely |
2 | | implementation
of the State's fiscal year 2002 budget, |
3 | | emergency rules to implement any
provision of Public Act 92-10 |
4 | | this amendatory Act of the 92nd General Assembly
or any other |
5 | | budget initiative for fiscal year 2002 may be adopted in
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6 | | accordance with this Section by the agency charged with |
7 | | administering that
provision or initiative, except that the |
8 | | 24-month limitation on the adoption
of emergency rules and the |
9 | | provisions of Sections 5-115 and 5-125 do not apply
to rules |
10 | | adopted under this subsection (g). The adoption of emergency |
11 | | rules
authorized by this subsection (g) shall be deemed to be |
12 | | necessary for the
public interest, safety, and welfare. |
13 | | (h) In order to provide for the expeditious and timely |
14 | | implementation
of the State's fiscal year 2003 budget, |
15 | | emergency rules to implement any
provision of Public Act 92-597 |
16 | | this amendatory Act of the 92nd General Assembly
or any other |
17 | | budget initiative for fiscal year 2003 may be adopted in
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18 | | accordance with this Section by the agency charged with |
19 | | administering that
provision or initiative, except that the |
20 | | 24-month limitation on the adoption
of emergency rules and the |
21 | | provisions of Sections 5-115 and 5-125 do not apply
to rules |
22 | | adopted under this subsection (h). The adoption of emergency |
23 | | rules
authorized by this subsection (h) shall be deemed to be |
24 | | necessary for the
public interest, safety, and welfare. |
25 | | (i) In order to provide for the expeditious and timely |
26 | | implementation
of the State's fiscal year 2004 budget, |
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1 | | emergency rules to implement any
provision of Public Act 93-20 |
2 | | this amendatory Act of the 93rd General Assembly
or any other |
3 | | budget initiative for fiscal year 2004 may be adopted in
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4 | | accordance with this Section by the agency charged with |
5 | | administering that
provision or initiative, except that the |
6 | | 24-month limitation on the adoption
of emergency rules and the |
7 | | provisions of Sections 5-115 and 5-125 do not apply
to rules |
8 | | adopted under this subsection (i). The adoption of emergency |
9 | | rules
authorized by this subsection (i) shall be deemed to be |
10 | | necessary for the
public interest, safety, and welfare. |
11 | | (j) In order to provide for the expeditious and timely |
12 | | implementation of the provisions of the State's fiscal year |
13 | | 2005 budget as provided under the Fiscal Year 2005 Budget |
14 | | Implementation (Human Services) Act, emergency rules to |
15 | | implement any provision of the Fiscal Year 2005 Budget |
16 | | Implementation (Human Services) Act may be adopted in |
17 | | accordance with this Section by the agency charged with |
18 | | administering that provision, except that the 24-month |
19 | | limitation on the adoption of emergency rules and the |
20 | | provisions of Sections 5-115 and 5-125 do not apply to rules |
21 | | adopted under this subsection (j). The Department of Public Aid |
22 | | may also adopt rules under this subsection (j) necessary to |
23 | | administer the Illinois Public Aid Code and the Children's |
24 | | Health Insurance Program Act. The adoption of emergency rules |
25 | | authorized by this subsection (j) shall be deemed to be |
26 | | necessary for the public interest, safety, and welfare.
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1 | | (k) In order to provide for the expeditious and timely |
2 | | implementation of the provisions of the State's fiscal year |
3 | | 2006 budget, emergency rules to implement any provision of |
4 | | Public Act 94-48 this amendatory Act of the 94th General |
5 | | Assembly or any other budget initiative for fiscal year 2006 |
6 | | may be adopted in accordance with this Section by the agency |
7 | | charged with administering that provision or initiative, |
8 | | except that the 24-month limitation on the adoption of |
9 | | emergency rules and the provisions of Sections 5-115 and 5-125 |
10 | | do not apply to rules adopted under this subsection (k). The |
11 | | Department of Healthcare and Family Services may also adopt |
12 | | rules under this subsection (k) necessary to administer the |
13 | | Illinois Public Aid Code, the Senior Citizens and Persons with |
14 | | Disabilities Property Tax Relief Act, the Senior Citizens and |
15 | | Disabled Persons Prescription Drug Discount Program Act (now |
16 | | the Illinois Prescription Drug Discount Program Act), and the |
17 | | Children's Health Insurance Program Act. The adoption of |
18 | | emergency rules authorized by this subsection (k) shall be |
19 | | deemed to be necessary for the public interest, safety, and |
20 | | welfare.
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21 | | (l) In order to provide for the expeditious and timely |
22 | | implementation of the provisions of the
State's fiscal year |
23 | | 2007 budget, the Department of Healthcare and Family Services |
24 | | may adopt emergency rules during fiscal year 2007, including |
25 | | rules effective July 1, 2007, in
accordance with this |
26 | | subsection to the extent necessary to administer the |
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1 | | Department's responsibilities with respect to amendments to |
2 | | the State plans and Illinois waivers approved by the federal |
3 | | Centers for Medicare and Medicaid Services necessitated by the |
4 | | requirements of Title XIX and Title XXI of the federal Social |
5 | | Security Act. The adoption of emergency rules
authorized by |
6 | | this subsection (l) shall be deemed to be necessary for the |
7 | | public interest,
safety, and welfare.
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8 | | (m) In order to provide for the expeditious and timely |
9 | | implementation of the provisions of the
State's fiscal year |
10 | | 2008 budget, the Department of Healthcare and Family Services |
11 | | may adopt emergency rules during fiscal year 2008, including |
12 | | rules effective July 1, 2008, in
accordance with this |
13 | | subsection to the extent necessary to administer the |
14 | | Department's responsibilities with respect to amendments to |
15 | | the State plans and Illinois waivers approved by the federal |
16 | | Centers for Medicare and Medicaid Services necessitated by the |
17 | | requirements of Title XIX and Title XXI of the federal Social |
18 | | Security Act. The adoption of emergency rules
authorized by |
19 | | this subsection (m) shall be deemed to be necessary for the |
20 | | public interest,
safety, and welfare.
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21 | | (n) In order to provide for the expeditious and timely |
22 | | implementation of the provisions of the State's fiscal year |
23 | | 2010 budget, emergency rules to implement any provision of |
24 | | Public Act 96-45 this amendatory Act of the 96th General |
25 | | Assembly or any other budget initiative authorized by the 96th |
26 | | General Assembly for fiscal year 2010 may be adopted in |
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1 | | accordance with this Section by the agency charged with |
2 | | administering that provision or initiative. The adoption of |
3 | | emergency rules authorized by this subsection (n) shall be |
4 | | deemed to be necessary for the public interest, safety, and |
5 | | welfare. The rulemaking authority granted in this subsection |
6 | | (n) shall apply only to rules promulgated during Fiscal Year |
7 | | 2010. |
8 | | (o) In order to provide for the expeditious and timely |
9 | | implementation of the provisions of the State's fiscal year |
10 | | 2011 budget, emergency rules to implement any provision of |
11 | | Public Act 96-958 this amendatory Act of the 96th General |
12 | | Assembly or any other budget initiative authorized by the 96th |
13 | | General Assembly for fiscal year 2011 may be adopted in |
14 | | accordance with this Section by the agency charged with |
15 | | administering that provision or initiative. The adoption of |
16 | | emergency rules authorized by this subsection (o) is deemed to |
17 | | be necessary for the public interest, safety, and welfare. The |
18 | | rulemaking authority granted in this subsection (o) applies |
19 | | only to rules promulgated on or after the effective date of |
20 | | Public Act 96-958 this amendatory Act of the 96th General |
21 | | Assembly through June 30, 2011. |
22 | | (p) In order to provide for the expeditious and timely |
23 | | implementation of the provisions of Public Act 97-689, |
24 | | emergency rules to implement any provision of Public Act 97-689 |
25 | | may be adopted in accordance with this subsection (p) by the |
26 | | agency charged with administering that provision or |
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1 | | initiative. The 150-day limitation of the effective period of |
2 | | emergency rules does not apply to rules adopted under this |
3 | | subsection (p), and the effective period may continue through |
4 | | June 30, 2013. The 24-month limitation on the adoption of |
5 | | emergency rules does not apply to rules adopted under this |
6 | | subsection (p). The adoption of emergency rules authorized by |
7 | | this subsection (p) is deemed to be necessary for the public |
8 | | interest, safety, and welfare. |
9 | | (q) In order to provide for the expeditious and timely |
10 | | implementation of the provisions of Articles 7, 8, 9, 11, and |
11 | | 12 of Public Act 98-104 this amendatory Act of the 98th General |
12 | | Assembly , emergency rules to implement any provision of |
13 | | Articles 7, 8, 9, 11, and 12 of Public Act 98-104 this |
14 | | amendatory Act of the 98th General Assembly may be adopted in |
15 | | accordance with this subsection (q) by the agency charged with |
16 | | administering that provision or initiative. The 24-month |
17 | | limitation on the adoption of emergency rules does not apply to |
18 | | rules adopted under this subsection (q). The adoption of |
19 | | emergency rules authorized by this subsection (q) is deemed to |
20 | | be necessary for the public interest, safety, and welfare. |
21 | | (r) In order to provide for the expeditious and timely |
22 | | implementation of the provisions of Public Act 98-651 this |
23 | | amendatory Act of the 98th General Assembly , emergency rules to |
24 | | implement Public Act 98-651 this amendatory Act of the 98th |
25 | | General Assembly may be adopted in accordance with this |
26 | | subsection (r) by the Department of Healthcare and Family |
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1 | | Services. The 24-month limitation on the adoption of emergency |
2 | | rules does not apply to rules adopted under this subsection |
3 | | (r). The adoption of emergency rules authorized by this |
4 | | subsection (r) is deemed to be necessary for the public |
5 | | interest, safety, and welfare. |
6 | | (s) In order to provide for the expeditious and timely |
7 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 of |
8 | | the Illinois Public Aid Code, emergency rules to implement any |
9 | | provision of Section 5-5b.1 or Section 5A-2 of the Illinois |
10 | | Public Aid Code may be adopted in accordance with this |
11 | | subsection (s) by the Department of Healthcare and Family |
12 | | Services. The rulemaking authority granted in this subsection |
13 | | (s) shall apply only to those rules adopted prior to July 1, |
14 | | 2015. Notwithstanding any other provision of this Section, any |
15 | | emergency rule adopted under this subsection (s) shall only |
16 | | apply to payments made for State fiscal year 2015. The adoption |
17 | | of emergency rules authorized by this subsection (s) is deemed |
18 | | to be necessary for the public interest, safety, and welfare. |
19 | | (t) In order to provide for the expeditious and timely |
20 | | implementation of the provisions of Article II of Public Act |
21 | | 99-6 this amendatory Act of the 99th General Assembly , |
22 | | emergency rules to implement the changes made by Article II of |
23 | | Public Act 99-6 this amendatory Act of the 99th General |
24 | | Assembly to the Emergency Telephone System Act may be adopted |
25 | | in accordance with this subsection (t) by the Department of |
26 | | State Police. The rulemaking authority granted in this |
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1 | | subsection (t) shall apply only to those rules adopted prior to |
2 | | July 1, 2016. The 24-month limitation on the adoption of |
3 | | emergency rules does not apply to rules adopted under this |
4 | | subsection (t). The adoption of emergency rules authorized by |
5 | | this subsection (t) is deemed to be necessary for the public |
6 | | interest, safety, and welfare. |
7 | | (u) (t) In order to provide for the expeditious and timely |
8 | | implementation of the provisions of the Burn Victims Relief |
9 | | Act, emergency rules to implement any provision of the Act may |
10 | | be adopted in accordance with this subsection (u) (t) by the |
11 | | Department of Insurance. The rulemaking authority granted in |
12 | | this subsection (u) (t) shall apply only to those rules adopted |
13 | | prior to December 31, 2015. The adoption of emergency rules |
14 | | authorized by this subsection (u) (t) is deemed to be necessary |
15 | | for the public interest, safety, and welfare. |
16 | | (v) In order to provide for the expeditious and timely |
17 | | implementation of the provisions of this amendatory Act of the |
18 | | 99th General Assembly, emergency rules to implement the changes |
19 | | made by this amendatory Act of the 99th General Assembly may be |
20 | | adopted in accordance with this subsection (v) by the Adjutant |
21 | | General. The adoption of emergency rules authorized by this |
22 | | subsection (v) is deemed to be necessary for the public |
23 | | interest, safety, and welfare. |
24 | | (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; |
25 | | 98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; |
26 | | 99-143, eff. 7-27-15; 99-455, eff. 1-1-16; revised |
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1 | | 10-15-15.)"; and |
2 | | on page 106, by replacing lines 1 and 2 with the following: |
3 | | "Section 153. The Military Code of Illinois is amended by |
4 | | changing Section 90 and by adding Section 34.1 as follows:"; |
5 | | and |
6 | | on page 106, immediately below line 17, by inserting the |
7 | | following:
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8 | | "(20 ILCS 1805/90) (from Ch. 129, par. 220.90)
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9 | | Sec. 90.
(a) If any member of the Illinois National Guard |
10 | | is criminally prosecuted by
civil authorities of the United |
11 | | States or any state, commonwealth, or territory of the United |
12 | | States, or criminal action for any act or omission determined |
13 | | by the Attorney General to have been within the scope of the |
14 | | member's military duties, performed or
committed by such |
15 | | member, or for any an act or omission caused, ordered , or |
16 | | directed by such
member to be done or performed within the |
17 | | scope of military duty, the member shall be entitled to defense |
18 | | representation by the Attorney General or, if the Attorney |
19 | | General determines it appropriate, by a qualified private |
20 | | defense attorney of the member's choice subject to the approval |
21 | | of the Attorney General at State expense. In that case all |
22 | | costs in furtherance of and while in the
performance of |
23 | | military duty, all the expense of the defense , of such action
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1 | | or actions civil or criminal, including attorney's fees, |
2 | | witnesses' fees
for the defense, defendant's court costs and |
3 | | all costs for transcripts of
records and abstracts thereof on |
4 | | appeal by the defense, shall be paid by
the State ; provided, |
5 | | that the Attorney General of the State shall be first
consulted |
6 | | in regard to, and approve of, the selection of the attorney for
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7 | | the defense: And, provided, further, that the Attorney General |
8 | | of the State
may, if he see fit, assume the responsibility for |
9 | | the defense of such
member and conduct the same personally or |
10 | | by any one or more of his
assistants .
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11 | | (b) Representation and indemnification of Illinois |
12 | | National Guard members in civil cases arising out of their |
13 | | military training or duty shall be in accordance with the State |
14 | | Employee Indemnification Act. |
15 | | (Source: P.A. 85-1241.)"; and
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16 | | by deleting line 23 on page 106 through line 1 on page 107; and |
17 | | on page 107, line 3, by replacing "89, 90, and 91" with "and |
18 | | 89".
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