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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Administrative Procedure Act is | ||||||
5 | amended by changing Section 5-45 as follows: | ||||||
6 | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | ||||||
7 | Sec. 5-45. Emergency rulemaking. | ||||||
8 | (a) "Emergency" means the existence of any situation that | ||||||
9 | any agency
finds reasonably constitutes a threat to the public | ||||||
10 | interest, safety, or
welfare. | ||||||
11 | (b) If any agency finds that an
emergency exists that | ||||||
12 | requires adoption of a rule upon fewer days than
is required by | ||||||
13 | Section 5-40 and states in writing its reasons for that
| ||||||
14 | finding, the agency may adopt an emergency rule without prior | ||||||
15 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||
16 | with the Secretary of
State under Section 5-70. The notice | ||||||
17 | shall include the text of the
emergency rule and shall be | ||||||
18 | published in the Illinois Register. Consent
orders or other | ||||||
19 | court orders adopting settlements negotiated by an agency
may | ||||||
20 | be adopted under this Section. Subject to applicable | ||||||
21 | constitutional or
statutory provisions, an emergency rule | ||||||
22 | becomes effective immediately upon
filing under Section 5-65 | ||||||
23 | or at a stated date less than 10 days
thereafter. The agency's |
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1 | finding and a statement of the specific reasons
for the | ||||||
2 | finding shall be filed with the rule. The agency shall take
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3 | reasonable and appropriate measures to make emergency rules | ||||||
4 | known to the
persons who may be affected by them. | ||||||
5 | (c) An emergency rule may be effective for a period of not | ||||||
6 | longer than
150 days, but the agency's authority to adopt an | ||||||
7 | identical rule under Section
5-40 is not precluded. No | ||||||
8 | emergency rule may be adopted more
than once in any 24-month | ||||||
9 | period, except that this limitation on the number
of emergency | ||||||
10 | rules that may be adopted in a 24-month period does not apply
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11 | to (i) emergency rules that make additions to and deletions | ||||||
12 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
13 | Public Aid Code or the
generic drug formulary under Section | ||||||
14 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
15 | emergency rules adopted by the Pollution Control
Board before | ||||||
16 | July 1, 1997 to implement portions of the Livestock Management
| ||||||
17 | Facilities Act, (iii) emergency rules adopted by the Illinois | ||||||
18 | Department of Public Health under subsections (a) through (i) | ||||||
19 | of Section 2 of the Department of Public Health Act when | ||||||
20 | necessary to protect the public's health, (iv) emergency rules | ||||||
21 | adopted pursuant to subsection (n) of this Section, (v) | ||||||
22 | emergency rules adopted pursuant to subsection (o) of this | ||||||
23 | Section, or (vi) emergency rules adopted pursuant to | ||||||
24 | subsection (c-5) of this Section. Two or more emergency rules | ||||||
25 | having substantially the same
purpose and effect shall be | ||||||
26 | deemed to be a single rule for purposes of this
Section. |
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1 | (c-5) To facilitate the maintenance of the program of | ||||||
2 | group health benefits provided to annuitants, survivors, and | ||||||
3 | retired employees under the State Employees Group Insurance | ||||||
4 | Act of 1971, rules to alter the contributions to be paid by the | ||||||
5 | State, annuitants, survivors, retired employees, or any | ||||||
6 | combination of those entities, for that program of group | ||||||
7 | health benefits, shall be adopted as emergency rules. The | ||||||
8 | adoption of those rules shall be considered an emergency and | ||||||
9 | necessary for the public interest, safety, and welfare. | ||||||
10 | (d) In order to provide for the expeditious and timely | ||||||
11 | implementation
of the State's fiscal year 1999 budget, | ||||||
12 | emergency rules to implement any
provision of Public Act | ||||||
13 | 90-587 or 90-588
or any other budget initiative for fiscal | ||||||
14 | year 1999 may be adopted in
accordance with this Section by the | ||||||
15 | agency charged with administering that
provision or | ||||||
16 | initiative, except that the 24-month limitation on the | ||||||
17 | adoption
of emergency rules and the provisions of Sections | ||||||
18 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
19 | subsection (d). The adoption of emergency rules
authorized by | ||||||
20 | this subsection (d) shall be deemed to be necessary for the
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21 | public interest, safety, and welfare. | ||||||
22 | (e) In order to provide for the expeditious and timely | ||||||
23 | implementation
of the State's fiscal year 2000 budget, | ||||||
24 | emergency rules to implement any
provision of Public Act 91-24
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25 | or any other budget initiative for fiscal year 2000 may be | ||||||
26 | adopted in
accordance with this Section by the agency charged |
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1 | with administering that
provision or initiative, except that | ||||||
2 | the 24-month limitation on the adoption
of emergency rules and | ||||||
3 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
4 | rules adopted under this subsection (e). The adoption of | ||||||
5 | emergency rules
authorized by this subsection (e) shall be | ||||||
6 | deemed to be necessary for the
public interest, safety, and | ||||||
7 | welfare. | ||||||
8 | (f) In order to provide for the expeditious and timely | ||||||
9 | implementation
of the State's fiscal year 2001 budget, | ||||||
10 | emergency rules to implement any
provision of Public Act | ||||||
11 | 91-712
or any other budget initiative for fiscal year 2001 may | ||||||
12 | be adopted in
accordance with this Section by the agency | ||||||
13 | charged with administering that
provision or initiative, | ||||||
14 | except that the 24-month limitation on the adoption
of | ||||||
15 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
16 | do not apply
to rules adopted under this subsection (f). The | ||||||
17 | adoption of emergency rules
authorized by this subsection (f) | ||||||
18 | shall be deemed to be necessary for the
public interest, | ||||||
19 | safety, and welfare. | ||||||
20 | (g) In order to provide for the expeditious and timely | ||||||
21 | implementation
of the State's fiscal year 2002 budget, | ||||||
22 | emergency rules to implement any
provision of Public Act 92-10
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23 | or any other budget initiative for fiscal year 2002 may be | ||||||
24 | adopted in
accordance with this Section by the agency charged | ||||||
25 | with administering that
provision or initiative, except that | ||||||
26 | the 24-month limitation on the adoption
of emergency rules and |
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1 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
2 | rules adopted under this subsection (g). The adoption of | ||||||
3 | emergency rules
authorized by this subsection (g) shall be | ||||||
4 | deemed to be necessary for the
public interest, safety, and | ||||||
5 | welfare. | ||||||
6 | (h) In order to provide for the expeditious and timely | ||||||
7 | implementation
of the State's fiscal year 2003 budget, | ||||||
8 | emergency rules to implement any
provision of Public Act | ||||||
9 | 92-597
or any other budget initiative for fiscal year 2003 may | ||||||
10 | be adopted in
accordance with this Section by the agency | ||||||
11 | charged with administering that
provision or initiative, | ||||||
12 | except that the 24-month limitation on the adoption
of | ||||||
13 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
14 | do not apply
to rules adopted under this subsection (h). The | ||||||
15 | adoption of emergency rules
authorized by this subsection (h) | ||||||
16 | shall be deemed to be necessary for the
public interest, | ||||||
17 | safety, and welfare. | ||||||
18 | (i) In order to provide for the expeditious and timely | ||||||
19 | implementation
of the State's fiscal year 2004 budget, | ||||||
20 | emergency rules to implement any
provision of Public Act 93-20
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21 | or any other budget initiative for fiscal year 2004 may be | ||||||
22 | adopted in
accordance with this Section by the agency charged | ||||||
23 | with administering that
provision or initiative, except that | ||||||
24 | the 24-month limitation on the adoption
of emergency rules and | ||||||
25 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
26 | rules adopted under this subsection (i). The adoption of |
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1 | emergency rules
authorized by this subsection (i) shall be | ||||||
2 | deemed to be necessary for the
public interest, safety, and | ||||||
3 | welfare. | ||||||
4 | (j) In order to provide for the expeditious and timely | ||||||
5 | implementation of the provisions of the State's fiscal year | ||||||
6 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
7 | Implementation (Human Services) Act, emergency rules to | ||||||
8 | implement any provision of the Fiscal Year 2005 Budget | ||||||
9 | Implementation (Human Services) Act may be adopted in | ||||||
10 | accordance with this Section by the agency charged with | ||||||
11 | administering that provision, except that the 24-month | ||||||
12 | limitation on the adoption of emergency rules and the | ||||||
13 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
14 | adopted under this subsection (j). The Department of Public | ||||||
15 | Aid may also adopt rules under this subsection (j) necessary | ||||||
16 | to administer the Illinois Public Aid Code and the Children's | ||||||
17 | Health Insurance Program Act. The adoption of emergency rules | ||||||
18 | authorized by this subsection (j) shall be deemed to be | ||||||
19 | necessary for the public interest, safety, and welfare.
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20 | (k) In order to provide for the expeditious and timely | ||||||
21 | implementation of the provisions of the State's fiscal year | ||||||
22 | 2006 budget, emergency rules to implement any provision of | ||||||
23 | Public Act 94-48 or any other budget initiative for fiscal | ||||||
24 | year 2006 may be adopted in accordance with this Section by the | ||||||
25 | agency charged with administering that provision or | ||||||
26 | initiative, except that the 24-month limitation on the |
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1 | adoption of emergency rules and the provisions of Sections | ||||||
2 | 5-115 and 5-125 do not apply to rules adopted under this | ||||||
3 | subsection (k). The Department of Healthcare and Family | ||||||
4 | Services may also adopt rules under this subsection (k) | ||||||
5 | necessary to administer the Illinois Public Aid Code, the | ||||||
6 | Senior Citizens and Persons with Disabilities Property Tax | ||||||
7 | Relief Act, the Senior Citizens and Disabled Persons | ||||||
8 | Prescription Drug Discount Program Act (now the Illinois | ||||||
9 | Prescription Drug Discount Program Act), and the Children's | ||||||
10 | Health Insurance Program Act. The adoption of emergency rules | ||||||
11 | authorized by this subsection (k) shall be deemed to be | ||||||
12 | necessary for the public interest, safety, and welfare.
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13 | (l) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of the
State's fiscal year | ||||||
15 | 2007 budget, the Department of Healthcare and Family Services | ||||||
16 | may adopt emergency rules during fiscal year 2007, including | ||||||
17 | rules effective July 1, 2007, in
accordance with this | ||||||
18 | subsection to the extent necessary to administer the | ||||||
19 | Department's responsibilities with respect to amendments to | ||||||
20 | the State plans and Illinois waivers approved by the federal | ||||||
21 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
22 | requirements of Title XIX and Title XXI of the federal Social | ||||||
23 | Security Act. The adoption of emergency rules
authorized by | ||||||
24 | this subsection (l) shall be deemed to be necessary for the | ||||||
25 | public interest,
safety, and welfare.
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26 | (m) In order to provide for the expeditious and timely |
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1 | implementation of the provisions of the
State's fiscal year | ||||||
2 | 2008 budget, the Department of Healthcare and Family Services | ||||||
3 | may adopt emergency rules during fiscal year 2008, including | ||||||
4 | rules effective July 1, 2008, in
accordance with this | ||||||
5 | subsection to the extent necessary to administer the | ||||||
6 | Department's responsibilities with respect to amendments to | ||||||
7 | the State plans and Illinois waivers approved by the federal | ||||||
8 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
9 | requirements of Title XIX and Title XXI of the federal Social | ||||||
10 | Security Act. The adoption of emergency rules
authorized by | ||||||
11 | this subsection (m) shall be deemed to be necessary for the | ||||||
12 | public interest,
safety, and welfare.
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13 | (n) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of the State's fiscal year | ||||||
15 | 2010 budget, emergency rules to implement any provision of | ||||||
16 | Public Act 96-45 or any other budget initiative authorized by | ||||||
17 | the 96th General Assembly for fiscal year 2010 may be adopted | ||||||
18 | in accordance with this Section by the agency charged with | ||||||
19 | administering that provision or initiative. The adoption of | ||||||
20 | emergency rules authorized by this subsection (n) shall be | ||||||
21 | deemed to be necessary for the public interest, safety, and | ||||||
22 | welfare. The rulemaking authority granted in this subsection | ||||||
23 | (n) shall apply only to rules promulgated during Fiscal Year | ||||||
24 | 2010. | ||||||
25 | (o) In order to provide for the expeditious and timely | ||||||
26 | implementation of the provisions of the State's fiscal year |
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1 | 2011 budget, emergency rules to implement any provision of | ||||||
2 | Public Act 96-958 or any other budget initiative authorized by | ||||||
3 | the 96th General Assembly for fiscal year 2011 may be adopted | ||||||
4 | in accordance with this Section by the agency charged with | ||||||
5 | administering that provision or initiative. The adoption of | ||||||
6 | emergency rules authorized by this subsection (o) is deemed to | ||||||
7 | be necessary for the public interest, safety, and welfare. The | ||||||
8 | rulemaking authority granted in this subsection (o) applies | ||||||
9 | only to rules promulgated on or after July 1, 2010 (the | ||||||
10 | effective date of Public Act 96-958) through June 30, 2011. | ||||||
11 | (p) In order to provide for the expeditious and timely | ||||||
12 | implementation of the provisions of Public Act 97-689, | ||||||
13 | emergency rules to implement any provision of Public Act | ||||||
14 | 97-689 may be adopted in accordance with this subsection (p) | ||||||
15 | by the agency charged with administering that provision or | ||||||
16 | initiative. The 150-day limitation of the effective period of | ||||||
17 | emergency rules does not apply to rules adopted under this | ||||||
18 | subsection (p), and the effective period may continue through | ||||||
19 | June 30, 2013. The 24-month limitation on the adoption of | ||||||
20 | emergency rules does not apply to rules adopted under this | ||||||
21 | subsection (p). The adoption of emergency rules authorized by | ||||||
22 | this subsection (p) is deemed to be necessary for the public | ||||||
23 | interest, safety, and welfare. | ||||||
24 | (q) In order to provide for the expeditious and timely | ||||||
25 | implementation of the provisions of Articles 7, 8, 9, 11, and | ||||||
26 | 12 of Public Act 98-104, emergency rules to implement any |
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1 | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | ||||||
2 | may be adopted in accordance with this subsection (q) by the | ||||||
3 | agency charged with administering that provision or | ||||||
4 | initiative. The 24-month limitation on the adoption of | ||||||
5 | emergency rules does not apply to rules adopted under this | ||||||
6 | subsection (q). The adoption of emergency rules authorized by | ||||||
7 | this subsection (q) is deemed to be necessary for the public | ||||||
8 | interest, safety, and welfare. | ||||||
9 | (r) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of Public Act 98-651, | ||||||
11 | emergency rules to implement Public Act 98-651 may be adopted | ||||||
12 | in accordance with this subsection (r) by the Department of | ||||||
13 | Healthcare and Family Services. The 24-month limitation on the | ||||||
14 | adoption of emergency rules does not apply to rules adopted | ||||||
15 | under this subsection (r). The adoption of emergency rules | ||||||
16 | authorized by this subsection (r) is deemed to be necessary | ||||||
17 | for the public interest, safety, and welfare. | ||||||
18 | (s) In order to provide for the expeditious and timely | ||||||
19 | implementation of the provisions of Sections 5-5b.1 and 5A-2 | ||||||
20 | of the Illinois Public Aid Code, emergency rules to implement | ||||||
21 | any provision of Section 5-5b.1 or Section 5A-2 of the | ||||||
22 | Illinois Public Aid Code may be adopted in accordance with | ||||||
23 | this subsection (s) by the Department of Healthcare and Family | ||||||
24 | Services. The rulemaking authority granted in this subsection | ||||||
25 | (s) shall apply only to those rules adopted prior to July 1, | ||||||
26 | 2015. Notwithstanding any other provision of this Section, any |
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1 | emergency rule adopted under this subsection (s) shall only | ||||||
2 | apply to payments made for State fiscal year 2015. The | ||||||
3 | adoption of emergency rules authorized by this subsection (s) | ||||||
4 | is deemed to be necessary for the public interest, safety, and | ||||||
5 | welfare. | ||||||
6 | (t) In order to provide for the expeditious and timely | ||||||
7 | implementation of the provisions of Article II of Public Act | ||||||
8 | 99-6, emergency rules to implement the changes made by Article | ||||||
9 | II of Public Act 99-6 to the Emergency Telephone System Act may | ||||||
10 | be adopted in accordance with this subsection (t) by the | ||||||
11 | Department of State Police. The rulemaking authority granted | ||||||
12 | in this subsection (t) shall apply only to those rules adopted | ||||||
13 | prior to July 1, 2016. The 24-month limitation on the adoption | ||||||
14 | of emergency rules does not apply to rules adopted under this | ||||||
15 | subsection (t). The adoption of emergency rules authorized by | ||||||
16 | this subsection (t) is deemed to be necessary for the public | ||||||
17 | interest, safety, and welfare. | ||||||
18 | (u) In order to provide for the expeditious and timely | ||||||
19 | implementation of the provisions of the Burn Victims Relief | ||||||
20 | Act, emergency rules to implement any provision of the Act may | ||||||
21 | be adopted in accordance with this subsection (u) by the | ||||||
22 | Department of Insurance. The rulemaking authority granted in | ||||||
23 | this subsection (u) shall apply only to those rules adopted | ||||||
24 | prior to December 31, 2015. The adoption of emergency rules | ||||||
25 | authorized by this subsection (u) is deemed to be necessary | ||||||
26 | for the public interest, safety, and welfare. |
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1 | (v) In order to provide for the expeditious and timely | ||||||
2 | implementation of the provisions of Public Act 99-516, | ||||||
3 | emergency rules to implement Public Act 99-516 may be adopted | ||||||
4 | in accordance with this subsection (v) by the Department of | ||||||
5 | Healthcare and Family Services. The 24-month limitation on the | ||||||
6 | adoption of emergency rules does not apply to rules adopted | ||||||
7 | under this subsection (v). The adoption of emergency rules | ||||||
8 | authorized by this subsection (v) is deemed to be necessary | ||||||
9 | for the public interest, safety, and welfare. | ||||||
10 | (w) In order to provide for the expeditious and timely | ||||||
11 | implementation of the provisions of Public Act 99-796, | ||||||
12 | emergency rules to implement the changes made by Public Act | ||||||
13 | 99-796 may be adopted in accordance with this subsection (w) | ||||||
14 | by the Adjutant General. The adoption of emergency rules | ||||||
15 | authorized by this subsection (w) is deemed to be necessary | ||||||
16 | for the public interest, safety, and welfare. | ||||||
17 | (x) In order to provide for the expeditious and timely | ||||||
18 | implementation of the provisions of Public Act 99-906, | ||||||
19 | emergency rules to implement subsection (i) of Section | ||||||
20 | 16-115D, subsection (g) of Section 16-128A, and subsection (a) | ||||||
21 | of Section 16-128B of the Public Utilities Act may be adopted | ||||||
22 | in accordance with this subsection (x) by the Illinois | ||||||
23 | Commerce Commission. The rulemaking authority granted in this | ||||||
24 | subsection (x) shall apply only to those rules adopted within | ||||||
25 | 180 days after June 1, 2017 (the effective date of Public Act | ||||||
26 | 99-906). The adoption of emergency rules authorized by this |
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1 | subsection (x) is deemed to be necessary for the public | ||||||
2 | interest, safety, and welfare. | ||||||
3 | (y) In order to provide for the expeditious and timely | ||||||
4 | implementation of the provisions of Public Act 100-23, | ||||||
5 | emergency rules to implement the changes made by Public Act | ||||||
6 | 100-23 to Section 4.02 of the Illinois Act on the Aging, | ||||||
7 | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | ||||||
8 | Section 55-30 of the Alcoholism and Other Drug Abuse and | ||||||
9 | Dependency Act, and Sections 74 and 75 of the Mental Health and | ||||||
10 | Developmental Disabilities Administrative Act may be adopted | ||||||
11 | in accordance with this subsection (y) by the respective | ||||||
12 | Department. The adoption of emergency rules authorized by this | ||||||
13 | subsection (y) is deemed to be necessary for the public | ||||||
14 | interest, safety, and welfare. | ||||||
15 | (z) In order to provide for the expeditious and timely | ||||||
16 | implementation of the provisions of Public Act 100-554, | ||||||
17 | emergency rules to implement the changes made by Public Act | ||||||
18 | 100-554 to Section 4.7 of the Lobbyist Registration Act may be | ||||||
19 | adopted in accordance with this subsection (z) by the | ||||||
20 | Secretary of State. The adoption of emergency rules authorized | ||||||
21 | by this subsection (z) is deemed to be necessary for the public | ||||||
22 | interest, safety, and welfare. | ||||||
23 | (aa) In order to provide for the expeditious and timely | ||||||
24 | initial implementation of the changes made to Articles 5, 5A, | ||||||
25 | 12, and 14 of the Illinois Public Aid Code under the provisions | ||||||
26 | of Public Act 100-581, the Department of Healthcare and Family |
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1 | Services may adopt emergency rules in accordance with this | ||||||
2 | subsection (aa). The 24-month limitation on the adoption of | ||||||
3 | emergency rules does not apply to rules to initially implement | ||||||
4 | the changes made to Articles 5, 5A, 12, and 14 of the Illinois | ||||||
5 | Public Aid Code adopted under this subsection (aa). The | ||||||
6 | adoption of emergency rules authorized by this subsection (aa) | ||||||
7 | is deemed to be necessary for the public interest, safety, and | ||||||
8 | welfare. | ||||||
9 | (bb) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of Public Act 100-587, | ||||||
11 | emergency rules to implement the changes made by Public Act | ||||||
12 | 100-587 to Section 4.02 of the Illinois Act on the Aging, | ||||||
13 | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | ||||||
14 | subsection (b) of Section 55-30 of the Alcoholism and Other | ||||||
15 | Drug Abuse and Dependency Act, Section 5-104 of the | ||||||
16 | Specialized Mental Health Rehabilitation Act of 2013, and | ||||||
17 | Section 75 and subsection (b) of Section 74 of the Mental | ||||||
18 | Health and Developmental Disabilities Administrative Act may | ||||||
19 | be adopted in accordance with this subsection (bb) by the | ||||||
20 | respective Department. The adoption of emergency rules | ||||||
21 | authorized by this subsection (bb) is deemed to be necessary | ||||||
22 | for the public interest, safety, and welfare. | ||||||
23 | (cc) In order to provide for the expeditious and timely | ||||||
24 | implementation of the provisions of Public Act 100-587, | ||||||
25 | emergency rules may be adopted in accordance with this | ||||||
26 | subsection (cc) to implement the changes made by Public Act |
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1 | 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois | ||||||
2 | Pension Code by the Board created under Article 14 of the Code; | ||||||
3 | Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by | ||||||
4 | the Board created under Article 15 of the Code; and Sections | ||||||
5 | 16-190.5 and 16-190.6 of the Illinois Pension Code by the | ||||||
6 | Board created under Article 16 of the Code. The adoption of | ||||||
7 | emergency rules authorized by this subsection (cc) is deemed | ||||||
8 | to be necessary for the public interest, safety, and welfare. | ||||||
9 | (dd) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of Public Act 100-864, | ||||||
11 | emergency rules to implement the changes made by Public Act | ||||||
12 | 100-864 to Section 3.35 of the Newborn Metabolic Screening Act | ||||||
13 | may be adopted in accordance with this subsection (dd) by the | ||||||
14 | Secretary of State. The adoption of emergency rules authorized | ||||||
15 | by this subsection (dd) is deemed to be necessary for the | ||||||
16 | public interest, safety, and welfare. | ||||||
17 | (ee) In order to provide for the expeditious and timely | ||||||
18 | implementation of the provisions of Public Act 100-1172, | ||||||
19 | emergency rules implementing the Illinois Underground Natural | ||||||
20 | Gas Storage Safety Act may be adopted in accordance with this | ||||||
21 | subsection by the Department of Natural Resources. The | ||||||
22 | adoption of emergency rules authorized by this subsection is | ||||||
23 | deemed to be necessary for the public interest, safety, and | ||||||
24 | welfare. | ||||||
25 | (ff) In order to provide for the expeditious and timely | ||||||
26 | initial implementation of the changes made to Articles 5A and |
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| |||||||
1 | 14 of the Illinois Public Aid Code under the provisions of | ||||||
2 | Public Act 100-1181, the Department of Healthcare and Family | ||||||
3 | Services may on a one-time-only basis adopt emergency rules in | ||||||
4 | accordance with this subsection (ff). The 24-month limitation | ||||||
5 | on the adoption of emergency rules does not apply to rules to | ||||||
6 | initially implement the changes made to Articles 5A and 14 of | ||||||
7 | the Illinois Public Aid Code adopted under this subsection | ||||||
8 | (ff). The adoption of emergency rules authorized by this | ||||||
9 | subsection (ff) is deemed to be necessary for the public | ||||||
10 | interest, safety, and welfare. | ||||||
11 | (gg) In order to provide for the expeditious and timely | ||||||
12 | implementation of the provisions of Public Act 101-1, | ||||||
13 | emergency rules may be adopted by the Department of Labor in | ||||||
14 | accordance with this subsection (gg) to implement the changes | ||||||
15 | made by Public Act 101-1 to the Minimum Wage Law. The adoption | ||||||
16 | of emergency rules authorized by this subsection (gg) is | ||||||
17 | deemed to be necessary for the public interest, safety, and | ||||||
18 | welfare. | ||||||
19 | (hh) In order to provide for the expeditious and timely | ||||||
20 | implementation of the provisions of Public Act 101-10, | ||||||
21 | emergency rules may be adopted in accordance with this | ||||||
22 | subsection (hh) to implement the changes made by Public Act | ||||||
23 | 101-10 to subsection (j) of Section 5-5.2 of the Illinois | ||||||
24 | Public Aid Code. The adoption of emergency rules authorized by | ||||||
25 | this subsection (hh) is deemed to be necessary for the public | ||||||
26 | interest, safety, and welfare. |
| |||||||
| |||||||
1 | (ii) In order to provide for the expeditious and timely | ||||||
2 | implementation of the provisions of Public Act 101-10, | ||||||
3 | emergency rules to implement the changes made by Public Act | ||||||
4 | 101-10 to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid | ||||||
5 | Code may be adopted in accordance with this subsection (ii) by | ||||||
6 | the Department of Public Health. The adoption of emergency | ||||||
7 | rules authorized by this subsection (ii) is deemed to be | ||||||
8 | necessary for the public interest, safety, and welfare. | ||||||
9 | (jj) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of Public Act 101-10, | ||||||
11 | emergency rules to implement the changes made by Public Act | ||||||
12 | 101-10 to Section 74 of the Mental Health and Developmental | ||||||
13 | Disabilities Administrative Act may be adopted in accordance | ||||||
14 | with this subsection (jj) by the Department of Human Services. | ||||||
15 | The adoption of emergency rules authorized by this subsection | ||||||
16 | (jj) is deemed to be necessary for the public interest, | ||||||
17 | safety, and welfare. | ||||||
18 | (kk) In order to provide for the expeditious and timely | ||||||
19 | implementation of the Cannabis Regulation and Tax Act and | ||||||
20 | Public Act 101-27, the Department of Revenue, the Department | ||||||
21 | of Public Health, the Department of Agriculture, the | ||||||
22 | Department of State Police, and the Department of Financial | ||||||
23 | and Professional Regulation may adopt emergency rules in | ||||||
24 | accordance with this subsection (kk). The rulemaking authority | ||||||
25 | granted in this subsection (kk) shall apply only to rules | ||||||
26 | adopted before December 31, 2021. Notwithstanding the |
| |||||||
| |||||||
1 | provisions of subsection (c), emergency rules adopted under | ||||||
2 | this subsection (kk) shall be effective for 180 days. The | ||||||
3 | adoption of emergency rules authorized by this subsection (kk) | ||||||
4 | is deemed to be necessary for the public interest, safety, and | ||||||
5 | welfare. | ||||||
6 | (ll) In order to provide for the expeditious and timely | ||||||
7 | implementation of the provisions of the Leveling the Playing | ||||||
8 | Field for Illinois Retail Act, emergency rules may be adopted | ||||||
9 | in accordance with this subsection (ll) to implement the | ||||||
10 | changes made by the Leveling the Playing Field for Illinois | ||||||
11 | Retail Act. The adoption of emergency rules authorized by this | ||||||
12 | subsection (ll) is deemed to be necessary for the public | ||||||
13 | interest, safety, and welfare. | ||||||
14 | (mm) In order to provide for the expeditious and timely | ||||||
15 | implementation of the provisions of Section 25-70 of the | ||||||
16 | Sports Wagering Act, emergency rules to implement Section | ||||||
17 | 25-70 of the Sports Wagering Act may be adopted in accordance | ||||||
18 | with this subsection (mm) by the Department of the Lottery as | ||||||
19 | provided in the Sports Wagering Act. The adoption of emergency | ||||||
20 | rules authorized by this subsection (mm) is deemed to be | ||||||
21 | necessary for the public interest, safety, and welfare. | ||||||
22 | (nn) In order to provide for the expeditious and timely | ||||||
23 | implementation of the Sports Wagering Act, emergency rules to | ||||||
24 | implement the Sports Wagering Act may be adopted in accordance | ||||||
25 | with this subsection (nn) by the Illinois Gaming Board. The | ||||||
26 | adoption of emergency rules authorized by this subsection (nn) |
| |||||||
| |||||||
1 | is deemed to be necessary for the public interest, safety, and | ||||||
2 | welfare. | ||||||
3 | (oo) In order to provide for the expeditious and timely | ||||||
4 | implementation of the provisions of subsection (c) of Section | ||||||
5 | 20 of the Video Gaming Act, emergency rules to implement the | ||||||
6 | provisions of subsection (c) of Section 20 of the Video Gaming | ||||||
7 | Act may be adopted in accordance with this subsection (oo) by | ||||||
8 | the Illinois Gaming Board. The adoption of emergency rules | ||||||
9 | authorized by this subsection (oo) is deemed to be necessary | ||||||
10 | for the public interest, safety, and welfare. | ||||||
11 | (pp) In order to provide for the expeditious and timely
| ||||||
12 | implementation of the provisions of Section 50 of the Sexual
| ||||||
13 | Assault Evidence Submission Act, emergency rules to implement
| ||||||
14 | Section 50 of the Sexual Assault Evidence Submission Act may | ||||||
15 | be
adopted in accordance with this subsection (pp) by the
| ||||||
16 | Department of State Police. The adoption of emergency rules
| ||||||
17 | authorized by this subsection (pp) is deemed to be necessary
| ||||||
18 | for the public interest, safety, and welfare. | ||||||
19 | (qq) In order to provide for the expeditious and timely | ||||||
20 | implementation of the provisions of the Illinois Works Jobs | ||||||
21 | Program Act, emergency rules may be adopted in accordance with | ||||||
22 | this subsection (qq) to implement the Illinois Works Jobs | ||||||
23 | Program Act. The adoption of emergency rules authorized by | ||||||
24 | this subsection (qq) is deemed to be necessary for the public | ||||||
25 | interest, safety, and welfare. | ||||||
26 | (rr) In order to provide for the expeditious and timely |
| |||||||
| |||||||
1 | implementation of the provisions of subsection (c) of Section | ||||||
2 | 2-3.130 of the School Code, emergency rules to implement | ||||||
3 | subsection (c) of Section 2-3.130 of the School Code may be | ||||||
4 | adopted in accordance with this subsection (rr) by the State | ||||||
5 | Board of Education. The adoption of emergency rules authorized | ||||||
6 | by this subsection (rr) is deemed to be necessary for the | ||||||
7 | public interest, safety, and welfare. | ||||||
8 | (Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; | ||||||
9 | 100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff. | ||||||
10 | 6-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18; | ||||||
11 | 100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 100-1181, eff. | ||||||
12 | 3-8-19; 101-1, eff. 2-19-19; 101-10, Article 20, Section 20-5, | ||||||
13 | eff. 6-5-19; 101-10, Article 35, Section 35-5, eff. 6-5-19; | ||||||
14 | 101-27, eff. 6-25-19; 101-31, Article 15, Section 15-5, eff. | ||||||
15 | 6-28-19; 101-31, Article 25, Section 25-900, eff. 6-28-19; | ||||||
16 | 101-31, Article 35, Section 35-3, eff. 6-28-19; 101-377, eff. | ||||||
17 | 8-16-19; 101-601, eff. 12-10-19.) | ||||||
18 | Section 10. The School Code is amended by changing | ||||||
19 | Sections 2-3.130, 10-20.33, and 34-18.20 as follows:
| ||||||
20 | (105 ILCS 5/2-3.130)
| ||||||
21 | Sec. 2-3.130. Isolated time out, time Time out , and | ||||||
22 | physical restraint rules ; grant program; third-party | ||||||
23 | assistance; goals and plans . | ||||||
24 | (a) For purposes of this Section, "isolated time out", |
| |||||||
| |||||||
1 | "physical restraint", and "time out" have the meanings given | ||||||
2 | to those terms under Section 10-20.33. | ||||||
3 | (b) The
State Board of Education shall promulgate rules | ||||||
4 | governing the use of isolated time out, time out ,
and physical | ||||||
5 | restraint in special education nonpublic facilities and the | ||||||
6 | public schools. The rules shall include
provisions governing | ||||||
7 | the documentation and reporting recordkeeping that is required | ||||||
8 | each time these interventions when physical restraint or
more | ||||||
9 | restrictive forms of time out are used.
| ||||||
10 | The rules adopted by the State Board shall
include a | ||||||
11 | procedure by which a person who believes a violation of
| ||||||
12 | Section 10-20.33 or 34-18.20 has occurred may file a | ||||||
13 | complaint.
The rules adopted by the State Board shall include | ||||||
14 | training requirements that must be included in training | ||||||
15 | programs used to train and certify school personnel. | ||||||
16 | The State Board shall establish procedures for progressive | ||||||
17 | enforcement
actions to ensure that schools fully comply with | ||||||
18 | the
documentation and reporting requirements for isolated time | ||||||
19 | out, time out, and physical
restraint established by rule, | ||||||
20 | which shall include meaningful and
appropriate sanctions for | ||||||
21 | the failure to comply, including the failure to
report to the | ||||||
22 | parent or guardian and to the State Board, the failure
to | ||||||
23 | timely report, and the failure to provide detailed | ||||||
24 | documentation. | ||||||
25 | (c) Subject to appropriation, the State Board shall, by | ||||||
26 | adoption of emergency rules under subsection (rr) of Section |
| |||||||
| |||||||
1 | 5-45 of the Illinois Administrative Procedure Act if it so | ||||||
2 | chooses, create a
grant program for school districts, special | ||||||
3 | education nonpublic facilities approved under Section 14-7.02 | ||||||
4 | of this Code, and special education
cooperatives to implement | ||||||
5 | school-wide,
culturally sensitive, and trauma-informed | ||||||
6 | practices, positive
behavioral interventions and supports, and | ||||||
7 | restorative practices
within a multi-tiered system of support | ||||||
8 | aimed at reducing the
need for interventions, such as isolated | ||||||
9 | time out, time out, and physical restraint. The State Board | ||||||
10 | shall give priority in grant funding to those school | ||||||
11 | districts, special education nonpublic facilities approved | ||||||
12 | under Section 14-7.02 of this Code, and special education | ||||||
13 | cooperatives that submit a plan to achieve a significant | ||||||
14 | reduction or elimination in the use of isolated time out and | ||||||
15 | physical restraint in less than 3 years. | ||||||
16 | (d) Subject to the Illinois Procurement Code, the Illinois | ||||||
17 | School Student Records Act, the Mental Health and | ||||||
18 | Developmental Disabilities Confidentiality Act, and the | ||||||
19 | federal Family Educational Rights and Privacy Act of 1974, the | ||||||
20 | State Board may contract with a third party to provide
| ||||||
21 | assistance with the oversight and monitoring of the use of | ||||||
22 | isolated time
out, time out, and physical restraint by school | ||||||
23 | districts. | ||||||
24 | (e) The State Board shall establish goals within 90 days | ||||||
25 | after the effective date of this amendatory Act of the 102nd | ||||||
26 | General Assembly, with
specific benchmarks, for schools to |
| |||||||
| |||||||
1 | accomplish the systemic reduction
of isolated time out, time | ||||||
2 | out, and physical restraint within 3 years after the effective | ||||||
3 | date of this amendatory Act of the 102nd General Assembly.
The | ||||||
4 | State Board shall engage in meaningful consultation with | ||||||
5 | stakeholders to establish the goals, including in the review | ||||||
6 | and evaluation of the data submitted. Each school board shall | ||||||
7 | create a time out and physical restraint oversight team that | ||||||
8 | includes, but is not limited to, teachers, paraprofessionals, | ||||||
9 | school service personnel, and administrators to develop (i) a | ||||||
10 | school-specific plan for reducing and eventually eliminating | ||||||
11 | the use
of isolated time out, time out, and physical restraint | ||||||
12 | in accordance with the goals and benchmarks established by the | ||||||
13 | State Board and (ii) procedures to implement the plan | ||||||
14 | developed by the team. | ||||||
15 | The progress toward the reduction and eventual elimination | ||||||
16 | of the use of isolated time out and physical restraint shall be | ||||||
17 | measured by the reduction in the overall number of incidents | ||||||
18 | of those interventions and the total number of students | ||||||
19 | subjected to those interventions. In limited cases, upon | ||||||
20 | written application made by a school district and approved by | ||||||
21 | the State Board based on criteria developed by the State Board | ||||||
22 | to show good cause, the reduction in the use of those | ||||||
23 | interventions may be measured by the frequency of the use of | ||||||
24 | those interventions on individual students and the student | ||||||
25 | population as a whole. The State Board shall specify a date for | ||||||
26 | submission of the plans. School districts shall submit a |
| |||||||
| |||||||
1 | report once each year for 3 years after the effective date of | ||||||
2 | this amendatory Act of the 102nd General Assembly to the State | ||||||
3 | Board on the progress made toward achieving the goals and | ||||||
4 | benchmarks established by the State Board and modify their | ||||||
5 | plans as necessary to satisfy those goals and benchmarks. | ||||||
6 | School districts shall notify parents and guardians that the | ||||||
7 | plans and reports are available for review. On or before June | ||||||
8 | 30, 2023, the State Board shall issue a report to the General | ||||||
9 | Assembly on the progress made by schools to achieve those | ||||||
10 | goals and benchmarks. The required plans shall include, but | ||||||
11 | not be limited to, the specific actions that are to be taken
| ||||||
12 | to: | ||||||
13 | (1) reduce and eventually eliminate a reliance on | ||||||
14 | isolated time out, time out, and physical restraint for | ||||||
15 | behavioral interventions and develop noncoercive | ||||||
16 | environments; | ||||||
17 | (2) develop individualized student plans that are | ||||||
18 | oriented toward prevention of the use of isolated time | ||||||
19 | out, time out, and physical restraint with the intent that | ||||||
20 | a plan be separate and apart from a student's | ||||||
21 | individualized education program or a student's
plan
for | ||||||
22 | services under Section 504 of the federal Rehabilitation | ||||||
23 | Act of 1973; | ||||||
24 | (3) ensure that appropriate school personnel are fully | ||||||
25 | informed of the student's history, including any history | ||||||
26 | of physical or sexual abuse, and other relevant medical |
| |||||||
| |||||||
1 | and mental health information, except that any disclosure | ||||||
2 | of student information must be consistent with federal and | ||||||
3 | State laws and rules governing student confidentiality and | ||||||
4 | privacy rights; and | ||||||
5 | (4) support a vision for cultural change that | ||||||
6 | reinforces the following: | ||||||
7 | (A) positive behavioral interventions and support | ||||||
8 | rather than isolated time out, time out, and physical | ||||||
9 | restraint; | ||||||
10 | (B) effective ways to de-escalate situations to | ||||||
11 | avoid isolated time out, time out, and physical | ||||||
12 | restraint; | ||||||
13 | (C) crisis intervention techniques that use | ||||||
14 | alternatives to isolated time out, time out, and | ||||||
15 | physical restraint; and | ||||||
16 | (D) use of debriefing meetings to reassess what | ||||||
17 | occurred and why it occurred and to think through ways | ||||||
18 | to prevent use of the intervention the next time. | ||||||
19 | (f) A school is exempt from the requirement to submit a | ||||||
20 | plan and the annual reports under subsection (e) if the school | ||||||
21 | is able to demonstrate to the satisfaction of the State Board | ||||||
22 | that (i) within the previous 3 years, the school district has | ||||||
23 | never engaged in the use of isolated time out, time out, or | ||||||
24 | physical restraint and (ii) the school has adopted a written | ||||||
25 | policy that prohibits the use isolated time out, time out, and | ||||||
26 | physical restraint on a student and is able to demonstrate the |
| |||||||
| |||||||
1 | enforcement of that policy. | ||||||
2 | (g) The State Board shall establish a system of ongoing | ||||||
3 | review,
auditing, and monitoring to ensure that schools comply | ||||||
4 | with the
documentation and reporting requirements and meet the | ||||||
5 | State Board's established goals
and benchmarks for reducing | ||||||
6 | and eventually eliminating the use of isolated time out, time | ||||||
7 | out, and
physical restraint. | ||||||
8 | (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
| ||||||
9 | (105 ILCS 5/10-20.33)
| ||||||
10 | Sec. 10-20.33. Time out , isolated time out, and physical | ||||||
11 | restraint , and necessities; limitations and prohibitions . | ||||||
12 | (a) The General Assembly finds and declares that the use | ||||||
13 | of isolated time
out, time out, and physical restraint on | ||||||
14 | children and youth carries risks to the health and safety of | ||||||
15 | students and staff; therefore, the ultimate
goal is to reduce | ||||||
16 | and eventually eliminate the use of those interventions. The | ||||||
17 | General Assembly also finds and declares that the State Board | ||||||
18 | of Education
must take affirmative action to lead and support | ||||||
19 | schools in
transforming the school culture to reduce and | ||||||
20 | eliminate the use of all
such interventions over time. | ||||||
21 | (b) In this Section: | ||||||
22 | "Chemical restraint" means the use of medication to | ||||||
23 | control a student's behavior or to restrict a student's | ||||||
24 | freedom of movement. "Chemical restraint" does not include | ||||||
25 | medication that is legally prescribed and administered as part |
| |||||||
| |||||||
1 | of a student's regular medical regimen to manage behavioral | ||||||
2 | symptoms and treat medical symptoms. | ||||||
3 | "Isolated time out" means the involuntary confinement of a | ||||||
4 | student alone in a time out room or other enclosure outside of | ||||||
5 | the classroom without a supervising adult in the time out room | ||||||
6 | or enclosure. | ||||||
7 | "Isolated time out" or "time out" does not include a | ||||||
8 | student-initiated or student-requested break, a | ||||||
9 | student-initiated sensory break or a teacher-initiated sensory | ||||||
10 | break that may include a sensory room containing sensory tools | ||||||
11 | to assist a student to calm and de-escalate, an in-school | ||||||
12 | suspension or detention, or any other appropriate disciplinary | ||||||
13 | measure, including the student's brief removal to the hallway | ||||||
14 | or similar environment. | ||||||
15 | "Mechanical restraint" means the use of any device or | ||||||
16 | equipment to limit a student's movement or to hold a student | ||||||
17 | immobile. "Mechanical restraint" does not include any | ||||||
18 | restraint used to (i) treat a student's medical needs; (ii) | ||||||
19 | protect a student who is known to be at risk of injury | ||||||
20 | resulting from a lack of coordination or frequent loss of | ||||||
21 | consciousness; (iii) position a student with physical | ||||||
22 | disabilities in a manner specified in the student's | ||||||
23 | individualized education program, federal Section 504 plan, or | ||||||
24 | other plan of care; (iv) provide a supplementary aid, service, | ||||||
25 | or accommodation, including, but not limited to, assistive | ||||||
26 | technology that provides proprioceptive input or aids in |
| |||||||
| |||||||
1 | self-regulation; or (v) promote student safety in vehicles | ||||||
2 | used to transport students. | ||||||
3 | "Physical restraint" or "restraint" means holding a | ||||||
4 | student or otherwise restricting a student's movements. | ||||||
5 | "Physical restraint" or "restraint" does not include momentary | ||||||
6 | periods of physical restriction by direct person to person | ||||||
7 | contact, without the aid of material or mechanical devices, | ||||||
8 | that are accomplished with limited force and that are designed | ||||||
9 | to prevent a student from completing an act that would result | ||||||
10 | in potential physical harm to himself, herself, or another or | ||||||
11 | damage to property. | ||||||
12 | "Prone physical restraint" means a physical restraint in | ||||||
13 | which a student is held face down on the floor or other surface | ||||||
14 | and physical pressure is applied to the student's body to keep | ||||||
15 | the student in the prone position. | ||||||
16 | "Time out" means a behavior management technique for the | ||||||
17 | purpose of calming or de-escalation that involves the | ||||||
18 | involuntary monitored separation of a student from classmates | ||||||
19 | with a trained adult for part of the school day, only for a | ||||||
20 | brief time, in a nonlocked setting. | ||||||
21 | (c) Isolated time out, time out, and physical restraint, | ||||||
22 | other than prone physical restraint, may be used only if (i) | ||||||
23 | the student's behavior presents an imminent danger of serious | ||||||
24 | physical harm to the student or to others; (ii) other less | ||||||
25 | restrictive and intrusive measures have been tried and have | ||||||
26 | proven to be ineffective in stopping the imminent danger of |
| |||||||
| |||||||
1 | serious physical harm; (iii) there is no known medical | ||||||
2 | contraindication to its use on the student; and (iv) the | ||||||
3 | school staff member or members applying the use of time out, | ||||||
4 | isolated time out, or physical restraint on a student have | ||||||
5 | been trained in its safe application, as established by rule | ||||||
6 | by the State Board of Education. Isolated time out is allowed | ||||||
7 | only under limited circumstances as set forth in this Section. | ||||||
8 | If all other requirements under this Section are met, isolated | ||||||
9 | time out may be used only if the adult in the time out room or | ||||||
10 | enclosure is in imminent danger of serious physical harm | ||||||
11 | because the student is unable to cease actively engaging in | ||||||
12 | extreme physical aggression. | ||||||
13 | Mechanical restraint and chemical restraint are | ||||||
14 | prohibited. Prone restraint is prohibited except when all of | ||||||
15 | the following conditions are satisfied: | ||||||
16 | (1) The student's Behavior Intervention Plan | ||||||
17 | specifically allows for prone restraint of the student. | ||||||
18 | (2) The Behavior Intervention Plan was put into place | ||||||
19 | before January 1, 2021. | ||||||
20 | (3) The student's Behavior Intervention Plan has been | ||||||
21 | approved by the IEP team. | ||||||
22 | (4) The school staff member or staff members applying | ||||||
23 | the use of prone restraint on a student have been trained | ||||||
24 | in its safe application as established by rule by the | ||||||
25 | State Board of Education. | ||||||
26 | (5) The school must be able to document and |
| |||||||
| |||||||
1 | demonstrate to the IEP team that the use of other | ||||||
2 | de-escalation techniques provided for in the student's | ||||||
3 | Behavior Intervention Plan were ineffective. | ||||||
4 | (6) The use of prone restraint occurs within the | ||||||
5 | 2021-2022 school year. | ||||||
6 | All instances of the utilization of prone restraint must be | ||||||
7 | reported in accordance with the provisions of this amendatory | ||||||
8 | Act of the 102nd General Assembly. Nothing in this Section | ||||||
9 | shall prohibit the State Board of Education from adopting | ||||||
10 | administrative rules that further restrict or disqualify the | ||||||
11 | use of prone restraint. | ||||||
12 | (d) The Until
rules are adopted under Section 2-3.130 of | ||||||
13 | this Code, the use
of any of the following rooms or enclosures | ||||||
14 | for an isolated time out or time out purposes is
prohibited:
| ||||||
15 | (1) a locked room or a room in which the door is | ||||||
16 | obstructed, prohibiting it from opening other than one | ||||||
17 | with a locking mechanism that engages
only when a key or | ||||||
18 | handle is being held by a person ;
| ||||||
19 | (2) a confining space such as a closet or box;
| ||||||
20 | (3) a room where the student cannot be continually | ||||||
21 | observed; or
| ||||||
22 | (4) any other room or enclosure or time out procedure | ||||||
23 | that is contrary to
current rules adopted by guidelines of | ||||||
24 | the State Board of Education.
| ||||||
25 | (e) The deprivation of necessities needed to sustain the | ||||||
26 | health of a person, including, without limitation, the denial |
| |||||||
| |||||||
1 | or unreasonable delay in the provision of the following, is | ||||||
2 | prohibited: | ||||||
3 | (1) food or liquid at a time when it is customarily | ||||||
4 | served; | ||||||
5 | (2) medication; or | ||||||
6 | (3) the use of a restroom. | ||||||
7 | (f) (Blank). The use of physical restraints is prohibited | ||||||
8 | except when (i) the student
poses a physical risk to himself, | ||||||
9 | herself, or others, (ii) there is no medical
contraindication | ||||||
10 | to its use, and (iii) the staff applying the restraint have
| ||||||
11 | been trained in its safe application. For the purposes of this | ||||||
12 | Section,
"restraint" does not include momentary periods of | ||||||
13 | physical restriction by
direct person-to-person contact, | ||||||
14 | without the aid of material or mechanical
devices, | ||||||
15 | accomplished with limited force and that are designed (i) to | ||||||
16 | prevent a
student from completing an act that would result in | ||||||
17 | potential physical harm to
himself, herself, or another or | ||||||
18 | damage to property or (ii) to remove a
disruptive student who | ||||||
19 | is unwilling to voluntarily leave the area. The use of
| ||||||
20 | physical restraints that meet the requirements of this Section | ||||||
21 | may be included
in a student's individualized education plan | ||||||
22 | where deemed appropriate by the
student's individualized | ||||||
23 | education plan team. | ||||||
24 | (g) Following each incident of isolated time out, time | ||||||
25 | out, or physical restraint, but no later than 2 school days | ||||||
26 | after the incident, the principal or another designated |
| |||||||
| |||||||
1 | administrator shall notify the student's parent or guardian | ||||||
2 | that he or she may request a meeting with appropriate school | ||||||
3 | personnel to discuss the incident. This meeting shall be held | ||||||
4 | separate and apart from meetings held in accordance with the | ||||||
5 | student's individualized education program or from meetings | ||||||
6 | held in accordance with the student's plan for services under | ||||||
7 | Section 504 of the federal Rehabilitation Act of 1973. If a | ||||||
8 | parent or guardian requests a meeting, the meeting shall be | ||||||
9 | convened within 2 school days after the request, provided that | ||||||
10 | the 2-school day limitation shall be extended if requested by | ||||||
11 | the parent or guardian. The parent or guardian may also | ||||||
12 | request that the meeting be convened via telephone or video | ||||||
13 | conference. | ||||||
14 | The meeting shall include the student, if appropriate, at | ||||||
15 | least one school staff member involved in the incident of | ||||||
16 | isolated time out, time out, or physical restraint, the | ||||||
17 | student's parent or guardian, and at least one appropriate | ||||||
18 | school staff member not involved in the incident of isolated | ||||||
19 | time out, time out, or physical restraint, such as a social | ||||||
20 | worker, psychologist, nurse, or behavioral specialist. During | ||||||
21 | the meeting, the school staff member or members involved in | ||||||
22 | the incident of isolated time out, time out, or physical | ||||||
23 | restraint, the student, and the student's parent or guardian, | ||||||
24 | if applicable, shall be provided an opportunity to describe | ||||||
25 | (i) the events that occurred prior to the incident of isolated | ||||||
26 | time out, time out, or physical restraint and any actions that |
| |||||||
| |||||||
1 | were taken by school personnel or the student leading up to the | ||||||
2 | incident; (ii) the incident of isolated time out, time out, or | ||||||
3 | physical restraint; and (iii) the events that occurred or the | ||||||
4 | actions that were taken following the incident of isolated | ||||||
5 | time out, time out, or physical restraint and whether the | ||||||
6 | student returned to regular school activities and, if not, how | ||||||
7 | the student spent the remainder of the school day. All parties | ||||||
8 | present at the meeting shall have the opportunity to discuss | ||||||
9 | what school personnel could have done differently to avoid the | ||||||
10 | incident of isolated time out, time out, or physical restraint | ||||||
11 | and what alternative courses of action, if any, the school can | ||||||
12 | take to support the student and to avoid the future use of | ||||||
13 | isolated time out, time out, or physical restraint. At no | ||||||
14 | point may a student be excluded from school solely because a | ||||||
15 | meeting has not occurred. | ||||||
16 | A summary of the meeting and any agreements or conclusions | ||||||
17 | reached during the meeting shall be documented in writing and | ||||||
18 | shall become part of the student's school record. A copy of the | ||||||
19 | documents shall be provided to the student's parent or | ||||||
20 | guardian. If a parent or guardian does not request a meeting | ||||||
21 | within 10 school days after the school has provided the | ||||||
22 | documents to the parent or guardian or if a parent or guardian | ||||||
23 | fails to attend a requested meeting, that fact shall be | ||||||
24 | documented as part of the student's school record. | ||||||
25 | (h) Whenever isolated time out, time out, or physical | ||||||
26 | restraint is used physical restraints are
used , school |
| |||||||
| |||||||
1 | personnel shall fully document and report to the State Board
| ||||||
2 | of Education the incident, including the events
leading up to | ||||||
3 | the incident, what alternative measures that are less
| ||||||
4 | restrictive and intrusive were used prior to the use of | ||||||
5 | isolated time out, time out, or
physical restraint, why those | ||||||
6 | measures were ineffective or deemed inappropriate, the type of | ||||||
7 | restraint , isolated time out, or time out that was used, the | ||||||
8 | length of time the
student was in isolated time out or time out | ||||||
9 | or was is restrained, and the staff involved. The parents or | ||||||
10 | guardian of
a student and the State Superintendent of | ||||||
11 | Education shall be informed whenever isolated time out, time | ||||||
12 | out, or physical restraint is restraints are used.
| ||||||
13 | Schools shall provide parents and guardians with the | ||||||
14 | following
information, to be developed by the State Board and | ||||||
15 | which may be incorporated into the State Board's prescribed | ||||||
16 | physical restraint and time out form at the discretion of the | ||||||
17 | State Board, after each
incident in which isolated time out, | ||||||
18 | time out, or physical restraint is used during
the school | ||||||
19 | year, in printed form or, upon the written request of
the | ||||||
20 | parent or guardian, by email: | ||||||
21 | (1) a copy of the standards for when isolated time | ||||||
22 | out, time out, and physical restraint can be used; | ||||||
23 | (2) information about the rights of parents, | ||||||
24 | guardians, and students; and | ||||||
25 | (3) information about the parent's or guardian's right | ||||||
26 | to file a complaint with the State Superintendent of |
| |||||||
| |||||||
1 | Education, the complaint process, and other information to | ||||||
2 | assist the parent or guardian in navigating the complaint | ||||||
3 | process. | ||||||
4 | (i) Any use of isolated time out, time out, or physical | ||||||
5 | restraint that is permitted by a school board's policy shall | ||||||
6 | be implemented in accordance with written procedures. | ||||||
7 | (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
| ||||||
8 | (105 ILCS 5/34-18.20)
| ||||||
9 | Sec. 34-18.20. Time out , isolated time out, and physical | ||||||
10 | restraint , and necessities; limitations and prohibitions . | ||||||
11 | (a) The General Assembly finds and declares that the use | ||||||
12 | of isolated time
out, time out, and physical restraint on | ||||||
13 | children and youth carries risks to the health and safety of | ||||||
14 | students and staff; therefore, the ultimate
goal is to reduce | ||||||
15 | and eventually eliminate the use of those interventions. The | ||||||
16 | General Assembly also finds and declares that the State Board | ||||||
17 | of Education
must take affirmative action to lead and support | ||||||
18 | schools in
transforming the school culture to reduce and | ||||||
19 | eliminate the use of all
such interventions over time. | ||||||
20 | (b) In this Section: | ||||||
21 | "Chemical restraint" means the use of medication to | ||||||
22 | control a student's behavior or to restrict a student's | ||||||
23 | freedom of movement. "Chemical restraint" does not include | ||||||
24 | medication that is legally prescribed and administered as part | ||||||
25 | of a student's regular medical regimen to manage behavioral |
| |||||||
| |||||||
1 | symptoms and treat medical symptoms. | ||||||
2 | "Isolated time out" means the involuntary confinement of a | ||||||
3 | student alone in a time out room or other enclosure outside of | ||||||
4 | the classroom without a supervising adult in the time out room | ||||||
5 | or enclosure. | ||||||
6 | "Isolated time out" or "time out" does not include a | ||||||
7 | student-initiated or student-requested break, a | ||||||
8 | student-initiated sensory break or a teacher-initiated sensory | ||||||
9 | break that may include a sensory room containing sensory tools | ||||||
10 | to assist a student to calm and de-escalate, an in-school | ||||||
11 | suspension or detention, or any other appropriate disciplinary | ||||||
12 | measure, including the student's brief removal to the hallway | ||||||
13 | or similar environment. | ||||||
14 | "Mechanical restraint" means the use of any device or | ||||||
15 | equipment to limit a student's movement or to hold a student | ||||||
16 | immobile. "Mechanical restraint" does not include any | ||||||
17 | restraint used to (i) treat a student's medical needs; (ii) | ||||||
18 | protect a student who is known to be at risk of injury | ||||||
19 | resulting from a lack of coordination or frequent loss of | ||||||
20 | consciousness; (iii) position a student with physical | ||||||
21 | disabilities in a manner specified in the student's | ||||||
22 | individualized education program, federal Section 504 plan, or | ||||||
23 | other plan of care; (iv) provide a supplementary aid, service, | ||||||
24 | or accommodation, including, but not limited to, assistive | ||||||
25 | technology that provides proprioceptive input or aids in | ||||||
26 | self-regulation; or (v) promote student safety in vehicles |
| |||||||
| |||||||
1 | used to transport students. | ||||||
2 | "Physical restraint" or "restraint" means holding a | ||||||
3 | student or otherwise restricting a student's movements. | ||||||
4 | "Physical restraint" or "restraint" does not include momentary | ||||||
5 | periods of physical restriction by direct person to person | ||||||
6 | contact, without the aid of material or mechanical devices, | ||||||
7 | that are accomplished with limited force and that are designed | ||||||
8 | to prevent a student from completing an act that would result | ||||||
9 | in potential physical harm to himself, herself, or another or | ||||||
10 | damage to property. | ||||||
11 | "Prone physical restraint" means a physical restraint in | ||||||
12 | which a student is held face down on the floor or other surface | ||||||
13 | and physical pressure is applied to the student's body to keep | ||||||
14 | the student in the prone position. | ||||||
15 | "Time out" means a behavior management technique for the | ||||||
16 | purpose of calming or de-escalation that involves the | ||||||
17 | involuntary monitored separation of a student from classmates | ||||||
18 | with a trained adult for part of the school day, only for a | ||||||
19 | brief time, in a nonlocked setting. | ||||||
20 | (c) Isolated time out, time out, and physical restraint, | ||||||
21 | other than prone physical restraint, may be used only if (i) | ||||||
22 | the student's behavior presents an imminent danger of serious | ||||||
23 | physical harm to the student or to others; (ii) other less | ||||||
24 | restrictive and intrusive measures have been tried and have | ||||||
25 | proven to be ineffective in stopping the imminent danger of | ||||||
26 | serious physical harm; (iii) there is no known medical |
| |||||||
| |||||||
1 | contraindication to its use on the student; and (iv) the | ||||||
2 | school staff member or members applying the use of time out, | ||||||
3 | isolated time out, or physical restraint on a student have | ||||||
4 | been trained in its safe application, as established by rule | ||||||
5 | by the State Board of Education. Isolated time out is allowed | ||||||
6 | only under limited circumstances as set forth in this Section. | ||||||
7 | If all other requirements under this Section are met, isolated | ||||||
8 | time out may be used only if the adult in the time out room or | ||||||
9 | enclosure is in imminent danger of serious physical harm | ||||||
10 | because the student is unable to cease actively engaging in | ||||||
11 | extreme physical aggression. | ||||||
12 | Mechanical restraint and chemical restraint are | ||||||
13 | prohibited. Prone restraint is prohibited except when all of | ||||||
14 | the following conditions are satisfied: | ||||||
15 | (1) The student's Behavior Intervention Plan | ||||||
16 | specifically allows for prone restraint of the student. | ||||||
17 | (2) The Behavior Intervention Plan was put into place | ||||||
18 | before January 1, 2021. | ||||||
19 | (3) The student's Behavior Intervention Plan has been | ||||||
20 | approved by the IEP team. | ||||||
21 | (4) The school staff member or staff members applying | ||||||
22 | the use of prone restraint on a student have been trained | ||||||
23 | in its safe application as established by rule by the | ||||||
24 | State Board of Education. | ||||||
25 | (5) The school must be able to document and | ||||||
26 | demonstrate to the IEP team that the use of other |
| |||||||
| |||||||
1 | de-escalation techniques provided for in the student's | ||||||
2 | Behavior Intervention Plan were ineffective. | ||||||
3 | (6) The use of prone restraint occurs within the | ||||||
4 | school years of 2021-2022 and 2022-2023. | ||||||
5 | All instances of the utilization of prone restraint must be | ||||||
6 | reported in accordance with the provisions of this amendatory | ||||||
7 | Act of the 102nd General Assembly. Nothing in this Section | ||||||
8 | shall prohibit the State Board of Education from adopting | ||||||
9 | administrative rules that further restrict or disqualify the | ||||||
10 | use of prone restraint. | ||||||
11 | (d) The Until
rules are adopted under Section 2-3.130 of | ||||||
12 | this Code, the use
of any of the following rooms or enclosures | ||||||
13 | for an isolated time out or time out purposes is
prohibited:
| ||||||
14 | (1) a locked room or a room in which the door is | ||||||
15 | obstructed, prohibiting it from opening other than one | ||||||
16 | with a locking mechanism that engages
only when a key or | ||||||
17 | handle is being held by a person ;
| ||||||
18 | (2) a confining space such as a closet or box;
| ||||||
19 | (3) a room where the student cannot be continually | ||||||
20 | observed; or
| ||||||
21 | (4) any other room or enclosure or time out procedure | ||||||
22 | that is contrary to
current rules adopted by guidelines of | ||||||
23 | the State Board of Education.
| ||||||
24 | (e) The deprivation of necessities needed to sustain the | ||||||
25 | health of a person, including, without limitation, the denial | ||||||
26 | or unreasonable delay in the provision of the following, is |
| |||||||
| |||||||
1 | prohibited: | ||||||
2 | (1) food or liquid at a time when it is customarily | ||||||
3 | served; | ||||||
4 | (2) medication; or | ||||||
5 | (3) the use of a restroom. | ||||||
6 | (f) (Blank). The use of physical restraints is prohibited | ||||||
7 | except when (i) the student
poses a physical risk to himself, | ||||||
8 | herself, or others, (ii) there is no medical
contraindication | ||||||
9 | to its use, and (iii) the staff applying the restraint have
| ||||||
10 | been trained in its safe application. For the purposes of this | ||||||
11 | Section,
"restraint" does not include momentary periods of | ||||||
12 | physical restriction by
direct person-to-person contact, | ||||||
13 | without the aid of material or mechanical
devices, | ||||||
14 | accomplished with limited force and that are designed (i) to | ||||||
15 | prevent a
student from completing an act that would result in | ||||||
16 | potential physical harm to
himself, herself, or another or | ||||||
17 | damage to property or (ii) to remove a
disruptive student who | ||||||
18 | is unwilling to voluntarily leave the area. The use of
| ||||||
19 | physical restraints that meet the requirements of this Section | ||||||
20 | may be included
in a student's individualized education plan | ||||||
21 | where deemed appropriate by the
student's individualized | ||||||
22 | education plan team. | ||||||
23 | (g) Following each incident of isolated time out, time | ||||||
24 | out, or physical restraint, but no later than 2 school days | ||||||
25 | after the incident, the principal or another designated | ||||||
26 | administrator shall notify the student's parent or guardian |
| |||||||
| |||||||
1 | that he or she may request a meeting with appropriate school | ||||||
2 | personnel to discuss the incident. This meeting shall be held | ||||||
3 | separate and apart from meetings held in accordance with the | ||||||
4 | student's individualized education program or from meetings | ||||||
5 | held in accordance with the student's plan for services under | ||||||
6 | Section 504 of the federal Rehabilitation Act of 1973. If a | ||||||
7 | parent or guardian requests a meeting, the meeting shall be | ||||||
8 | convened within 2 school days after the request, provided that | ||||||
9 | the 2-school day limitation shall be extended if requested by | ||||||
10 | the parent or guardian. The parent or guardian may also | ||||||
11 | request that the meeting be convened via telephone or video | ||||||
12 | conference. | ||||||
13 | The meeting shall include the student, if appropriate, at | ||||||
14 | least one school staff member involved in the incident of | ||||||
15 | isolated time out, time out, or physical restraint, the | ||||||
16 | student's parent or guardian, and at least one appropriate | ||||||
17 | school staff member not involved in the incident of isolated | ||||||
18 | time out, time out, or physical restraint, such as a social | ||||||
19 | worker, psychologist, nurse, or behavioral specialist. During | ||||||
20 | the meeting, the school staff member or members involved in | ||||||
21 | the incident of isolated time out, time out, or physical | ||||||
22 | restraint, the student, and the student's parent or guardian, | ||||||
23 | if applicable, shall be provided an opportunity to describe | ||||||
24 | (i) the events that occurred prior to the incident of isolated | ||||||
25 | time out, time out, or physical restraint and any actions that | ||||||
26 | were taken by school personnel or the student leading up to the |
| |||||||
| |||||||
1 | incident; (ii) the incident of isolated time out, time out, or | ||||||
2 | physical restraint; and (iii) the events that occurred or the | ||||||
3 | actions that were taken following the incident of isolated | ||||||
4 | time out, time out, or physical restraint and whether the | ||||||
5 | student returned to regular school activities and, if not, how | ||||||
6 | the student spent the remainder of the school day. All parties | ||||||
7 | present at the meeting shall have the opportunity to discuss | ||||||
8 | what school personnel could have done differently to avoid the | ||||||
9 | incident of isolated time out, time out, or physical restraint | ||||||
10 | and what alternative courses of action, if any, the school can | ||||||
11 | take to support the student and to avoid the future use of | ||||||
12 | isolated time out, time out, or physical restraint. At no | ||||||
13 | point may a student be excluded from school solely because a | ||||||
14 | meeting has not occurred. | ||||||
15 | A summary of the meeting and any agreements or conclusions | ||||||
16 | reached during the meeting shall be documented in writing and | ||||||
17 | shall become part of the student's school record. A copy of the | ||||||
18 | documents shall be provided to the student's parent or | ||||||
19 | guardian. If a parent or guardian does not request a meeting | ||||||
20 | within 10 school days after the school has provided the | ||||||
21 | documents to the parent or guardian or if a parent or guardian | ||||||
22 | fails to attend a requested meeting, that fact shall be | ||||||
23 | documented as part of the student's school record. | ||||||
24 | (h) Whenever isolated time out, time out, or physical | ||||||
25 | restraint is used physical restraints are
used , school | ||||||
26 | personnel shall fully document and report to the State Board
|
| |||||||
| |||||||
1 | of Education the incident, including the events
leading up to | ||||||
2 | the incident, what alternative measures that are less
| ||||||
3 | restrictive and intrusive were used prior to the use of | ||||||
4 | isolated time out, time out, or
physical restraint, why those | ||||||
5 | measures were ineffective or deemed inappropriate, the type of | ||||||
6 | restraint , isolated time out, or time out that was used, the | ||||||
7 | length of time the
student was in isolated time out or time out | ||||||
8 | or was is restrained, and the staff involved. The parents or
| ||||||
9 | guardian of a student and the State Superintendent of | ||||||
10 | Education shall be informed whenever isolated time out, time | ||||||
11 | out, or physical restraint is restraints are used.
| ||||||
12 | Schools shall provide parents and guardians with the | ||||||
13 | following
information, to be developed by the State Board and | ||||||
14 | which may be incorporated into the State Board's prescribed | ||||||
15 | physical restraint and time out form at the discretion of the | ||||||
16 | State Board, after each
incident in which isolated time out, | ||||||
17 | time out, or physical restraint is used during
the school | ||||||
18 | year, in printed form or, upon the written request of
the | ||||||
19 | parent or guardian, by email: | ||||||
20 | (1) a copy of the standards for when isolated time | ||||||
21 | out, time out, and physical restraint can be used; | ||||||
22 | (2) information about the rights of parents, | ||||||
23 | guardians, and students; and | ||||||
24 | (3) information about the parent's or guardian's right | ||||||
25 | to file a complaint with the State Superintendent of | ||||||
26 | Education, the complaint process, and other information to |
| |||||||
| |||||||
1 | assist the parent or guardian in navigating the complaint | ||||||
2 | process. | ||||||
3 | (i) Any use of isolated time out, time out, or physical | ||||||
4 | restraint that is permitted by the board's policy shall be | ||||||
5 | implemented in accordance with written procedures. | ||||||
6 | (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
| ||||||
7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
|