|
Rep. Rita Mayfield
Filed: 4/4/2016
| | 09900HB0822ham001 | | LRB099 04642 NHT 46203 a |
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1 | | AMENDMENT TO HOUSE BILL 822
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2 | | AMENDMENT NO. ______. Amend House Bill 822 by replacing |
3 | | everything after the enacting clause with the following:
|
4 | | "Section 5. The School Code is amended by changing Sections |
5 | | 10-23.12, 27A-5, and 34-18.6 as follows:
|
6 | | (105 ILCS 5/10-23.12) (from Ch. 122, par. 10-23.12)
|
7 | | Sec. 10-23.12. Child abuse and neglect; detection, |
8 | | reporting, and prevention. |
9 | | (a) To provide staff development for local
school site |
10 | | personnel who work with pupils in grades kindergarten through
|
11 | | 8 , in the detection, reporting , and prevention of child abuse |
12 | | and neglect.
|
13 | | (b) Using a format and language that is clear, simple, and |
14 | | understandable to students, each public school and charter |
15 | | school shall post, in English and Spanish: |
16 | | (1) the current toll-free telephone number of the |
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1 | | Department of Children and Family Services' child abuse |
2 | | hotline; |
3 | | (2) instructions to call 9-1-1 for emergencies; and |
4 | | (3) directions for accessing the Department of |
5 | | Children and Family Services' website for more information |
6 | | on reporting abuse, neglect, and exploitation. |
7 | | Public schools and charter schools shall post the |
8 | | information specified in this subsection (b) at each school |
9 | | campus in at least one high-traffic, highly and clearly |
10 | | visible, public area that is readily accessible to and widely |
11 | | used by students. The information must be on a poster, 11 x 17 |
12 | | inches or larger, in large print and placed at eye level to the |
13 | | student for easy viewing. Additionally, the current toll-free |
14 | | telephone number of the Department of Children and Family |
15 | | Services' child abuse hotline must be in bold print. |
16 | | (Source: P.A. 84-1308.)
|
17 | | (105 ILCS 5/27A-5)
|
18 | | (Text of Section before amendment by P.A. 99-456 ) |
19 | | Sec. 27A-5. Charter school; legal entity; requirements.
|
20 | | (a) A charter school shall be a public, nonsectarian, |
21 | | nonreligious, non-home
based, and non-profit school. A charter |
22 | | school shall be organized and operated
as a nonprofit |
23 | | corporation or other discrete, legal, nonprofit entity
|
24 | | authorized under the laws of the State of Illinois.
|
25 | | (b) A charter school may be established under this Article |
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1 | | by creating a new
school or by converting an existing public |
2 | | school or attendance center to
charter
school status.
Beginning |
3 | | on April 16, 2003 ( the effective date of Public Act 93-3) this |
4 | | amendatory Act of the 93rd General
Assembly , in all new
|
5 | | applications to establish
a charter
school in a city having a |
6 | | population exceeding 500,000, operation of the
charter
school |
7 | | shall be limited to one campus. The changes made to this |
8 | | Section by Public Act 93-3 this
amendatory Act
of the 93rd |
9 | | General
Assembly do not apply to charter schools existing or |
10 | | approved on or before April 16, 2003 ( the
effective date of |
11 | | Public Act 93-3) this
amendatory Act . |
12 | | (b-5) In this subsection (b-5), "virtual-schooling" means |
13 | | a cyber school where students engage in online curriculum and |
14 | | instruction via the Internet and electronic communication with |
15 | | their teachers at remote locations and with students |
16 | | participating at different times. |
17 | | From April 1, 2013 through December 31, 2016, there is a |
18 | | moratorium on the establishment of charter schools with |
19 | | virtual-schooling components in school districts other than a |
20 | | school district organized under Article 34 of this Code. This |
21 | | moratorium does not apply to a charter school with |
22 | | virtual-schooling components existing or approved prior to |
23 | | April 1, 2013 or to the renewal of the charter of a charter |
24 | | school with virtual-schooling components already approved |
25 | | prior to April 1, 2013. |
26 | | On or before March 1, 2014, the Commission shall submit to |
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1 | | the General Assembly a report on the effect of |
2 | | virtual-schooling, including without limitation the effect on |
3 | | student performance, the costs associated with |
4 | | virtual-schooling, and issues with oversight. The report shall |
5 | | include policy recommendations for virtual-schooling.
|
6 | | (c) A charter school shall be administered and governed by |
7 | | its board of
directors or other governing body
in the manner |
8 | | provided in its charter. The governing body of a charter school
|
9 | | shall be subject to the Freedom of Information Act and the Open |
10 | | Meetings Act.
|
11 | | (d) For purposes of this subsection (d), "non-curricular |
12 | | health and safety requirement" means any health and safety |
13 | | requirement created by statute or rule to provide, maintain, |
14 | | preserve, or safeguard safe or healthful conditions for |
15 | | students and school personnel or to eliminate, reduce, or |
16 | | prevent threats to the health and safety of students and school |
17 | | personnel. "Non-curricular health and safety requirement" does |
18 | | not include any course of study or specialized instructional |
19 | | requirement for which the State Board has established goals and |
20 | | learning standards or which is designed primarily to impart |
21 | | knowledge and skills for students to master and apply as an |
22 | | outcome of their education. |
23 | | A charter school shall comply with all non-curricular |
24 | | health and safety
requirements applicable to public schools |
25 | | under the laws of the State of
Illinois. On or before September |
26 | | 1, 2015, the State Board shall promulgate and post on its |
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1 | | Internet website a list of non-curricular health and safety |
2 | | requirements that a charter school must meet. The list shall be |
3 | | updated annually no later than September 1. Any charter |
4 | | contract between a charter school and its authorizer must |
5 | | contain a provision that requires the charter school to follow |
6 | | the list of all non-curricular health and safety requirements |
7 | | promulgated by the State Board and any non-curricular health |
8 | | and safety requirements added by the State Board to such list |
9 | | during the term of the charter. Nothing in this subsection (d) |
10 | | precludes an authorizer from including non-curricular health |
11 | | and safety requirements in a charter school contract that are |
12 | | not contained in the list promulgated by the State Board, |
13 | | including non-curricular health and safety requirements of the |
14 | | authorizing local school board.
|
15 | | (e) Except as otherwise provided in the School Code, a |
16 | | charter school shall
not charge tuition; provided that a |
17 | | charter school may charge reasonable fees
for textbooks, |
18 | | instructional materials, and student activities.
|
19 | | (f) A charter school shall be responsible for the |
20 | | management and operation
of its fiscal affairs including,
but |
21 | | not limited to, the preparation of its budget. An audit of each |
22 | | charter
school's finances shall be conducted annually by an |
23 | | outside, independent
contractor retained by the charter |
24 | | school. To ensure financial accountability for the use of |
25 | | public funds, on or before December 1 of every year of |
26 | | operation, each charter school shall submit to its authorizer |
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1 | | and the State Board a copy of its audit and a copy of the Form |
2 | | 990 the charter school filed that year with the federal |
3 | | Internal Revenue Service. In addition, if deemed necessary for |
4 | | proper financial oversight of the charter school, an authorizer |
5 | | may require quarterly financial statements from each charter |
6 | | school.
|
7 | | (g) A charter school shall comply with all provisions of |
8 | | this Article, the Illinois Educational Labor Relations Act, all |
9 | | federal and State laws and rules applicable to public schools |
10 | | that pertain to special education and the instruction of |
11 | | English learners, and
its charter. A charter
school is exempt |
12 | | from all other State laws and regulations in this Code
|
13 | | governing public
schools and local school board policies; |
14 | | however, a charter school is not exempt from the following:
|
15 | | (1) Sections 10-21.9 and 34-18.5 of this Code regarding |
16 | | criminal
history records checks and checks of the Statewide |
17 | | Sex Offender Database and Statewide Murderer and Violent |
18 | | Offender Against Youth Database of applicants for |
19 | | employment;
|
20 | | (2) Sections 24-24 and 34-84A of this Code regarding |
21 | | discipline of
students;
|
22 | | (3) the Local Governmental and Governmental Employees |
23 | | Tort Immunity Act;
|
24 | | (4) Section 108.75 of the General Not For Profit |
25 | | Corporation Act of 1986
regarding indemnification of |
26 | | officers, directors, employees, and agents;
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1 | | (5) the Abused and Neglected Child Reporting Act;
|
2 | | (5.5) subsection (b) of Section 10-23.12 and |
3 | | subsection (b) of Section 34-18.6 of this Code; |
4 | | (6) the Illinois School Student Records Act;
|
5 | | (7) Section 10-17a of this Code regarding school report |
6 | | cards;
|
7 | | (8) the P-20 Longitudinal Education Data System Act; |
8 | | (9) Section 27-23.7 of this Code regarding bullying |
9 | | prevention; and |
10 | | (10) Section 2-3.162 of this Code regarding student |
11 | | discipline reporting; and |
12 | | (11) Section 22-80 of this Code. |
13 | | The change made by Public Act 96-104 to this subsection (g) |
14 | | is declaratory of existing law. |
15 | | (h) A charter school may negotiate and contract with a |
16 | | school district, the
governing body of a State college or |
17 | | university or public community college, or
any other public or |
18 | | for-profit or nonprofit private entity for: (i) the use
of a |
19 | | school building and grounds or any other real property or |
20 | | facilities that
the charter school desires to use or convert |
21 | | for use as a charter school site,
(ii) the operation and |
22 | | maintenance thereof, and
(iii) the provision of any service, |
23 | | activity, or undertaking that the charter
school is required to |
24 | | perform in order to carry out the terms of its charter.
|
25 | | However, a charter school
that is established on
or
after April |
26 | | 16, 2003 ( the effective date of Public Act 93-3) this |
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1 | | amendatory Act of the 93rd General
Assembly and that operates
|
2 | | in a city having a population exceeding
500,000 may not |
3 | | contract with a for-profit entity to
manage or operate the |
4 | | school during the period that commences on April 16, 2003 ( the
|
5 | | effective date of Public Act 93-3) this amendatory Act of the |
6 | | 93rd General Assembly and
concludes at the end of the 2004-2005 |
7 | | school year.
Except as provided in subsection (i) of this |
8 | | Section, a school district may
charge a charter school |
9 | | reasonable rent for the use of the district's
buildings, |
10 | | grounds, and facilities. Any services for which a charter |
11 | | school
contracts
with a school district shall be provided by |
12 | | the district at cost. Any services
for which a charter school |
13 | | contracts with a local school board or with the
governing body |
14 | | of a State college or university or public community college
|
15 | | shall be provided by the public entity at cost.
|
16 | | (i) In no event shall a charter school that is established |
17 | | by converting an
existing school or attendance center to |
18 | | charter school status be required to
pay rent for space
that is |
19 | | deemed available, as negotiated and provided in the charter |
20 | | agreement,
in school district
facilities. However, all other |
21 | | costs for the operation and maintenance of
school district |
22 | | facilities that are used by the charter school shall be subject
|
23 | | to negotiation between
the charter school and the local school |
24 | | board and shall be set forth in the
charter.
|
25 | | (j) A charter school may limit student enrollment by age or |
26 | | grade level.
|
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1 | | (k) If the charter school is approved by the Commission, |
2 | | then the Commission charter school is its own local education |
3 | | agency. |
4 | | (Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669, |
5 | | eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15; |
6 | | 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff. |
7 | | 7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. |
8 | | 8-10-15; revised 10-19-15.) |
9 | | (Text of Section after amendment by P.A. 99-456 )
|
10 | | Sec. 27A-5. Charter school; legal entity; requirements.
|
11 | | (a) A charter school shall be a public, nonsectarian, |
12 | | nonreligious, non-home
based, and non-profit school. A charter |
13 | | school shall be organized and operated
as a nonprofit |
14 | | corporation or other discrete, legal, nonprofit entity
|
15 | | authorized under the laws of the State of Illinois.
|
16 | | (b) A charter school may be established under this Article |
17 | | by creating a new
school or by converting an existing public |
18 | | school or attendance center to
charter
school status.
Beginning |
19 | | on April 16, 2003 ( the effective date of Public Act 93-3) this |
20 | | amendatory Act of the 93rd General
Assembly , in all new
|
21 | | applications to establish
a charter
school in a city having a |
22 | | population exceeding 500,000, operation of the
charter
school |
23 | | shall be limited to one campus. The changes made to this |
24 | | Section by Public Act 93-3 this
amendatory Act
of the 93rd |
25 | | General
Assembly do not apply to charter schools existing or |
|
| | 09900HB0822ham001 | - 10 - | LRB099 04642 NHT 46203 a |
|
|
1 | | approved on or before April 16, 2003 ( the
effective date of |
2 | | Public Act 93-3) this
amendatory Act . |
3 | | (b-5) In this subsection (b-5), "virtual-schooling" means |
4 | | a cyber school where students engage in online curriculum and |
5 | | instruction via the Internet and electronic communication with |
6 | | their teachers at remote locations and with students |
7 | | participating at different times. |
8 | | From April 1, 2013 through December 31, 2016, there is a |
9 | | moratorium on the establishment of charter schools with |
10 | | virtual-schooling components in school districts other than a |
11 | | school district organized under Article 34 of this Code. This |
12 | | moratorium does not apply to a charter school with |
13 | | virtual-schooling components existing or approved prior to |
14 | | April 1, 2013 or to the renewal of the charter of a charter |
15 | | school with virtual-schooling components already approved |
16 | | prior to April 1, 2013. |
17 | | On or before March 1, 2014, the Commission shall submit to |
18 | | the General Assembly a report on the effect of |
19 | | virtual-schooling, including without limitation the effect on |
20 | | student performance, the costs associated with |
21 | | virtual-schooling, and issues with oversight. The report shall |
22 | | include policy recommendations for virtual-schooling.
|
23 | | (c) A charter school shall be administered and governed by |
24 | | its board of
directors or other governing body
in the manner |
25 | | provided in its charter. The governing body of a charter school
|
26 | | shall be subject to the Freedom of Information Act and the Open |
|
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|
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1 | | Meetings Act.
|
2 | | (d) For purposes of this subsection (d), "non-curricular |
3 | | health and safety requirement" means any health and safety |
4 | | requirement created by statute or rule to provide, maintain, |
5 | | preserve, or safeguard safe or healthful conditions for |
6 | | students and school personnel or to eliminate, reduce, or |
7 | | prevent threats to the health and safety of students and school |
8 | | personnel. "Non-curricular health and safety requirement" does |
9 | | not include any course of study or specialized instructional |
10 | | requirement for which the State Board has established goals and |
11 | | learning standards or which is designed primarily to impart |
12 | | knowledge and skills for students to master and apply as an |
13 | | outcome of their education. |
14 | | A charter school shall comply with all non-curricular |
15 | | health and safety
requirements applicable to public schools |
16 | | under the laws of the State of
Illinois. On or before September |
17 | | 1, 2015, the State Board shall promulgate and post on its |
18 | | Internet website a list of non-curricular health and safety |
19 | | requirements that a charter school must meet. The list shall be |
20 | | updated annually no later than September 1. Any charter |
21 | | contract between a charter school and its authorizer must |
22 | | contain a provision that requires the charter school to follow |
23 | | the list of all non-curricular health and safety requirements |
24 | | promulgated by the State Board and any non-curricular health |
25 | | and safety requirements added by the State Board to such list |
26 | | during the term of the charter. Nothing in this subsection (d) |
|
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|
|
1 | | precludes an authorizer from including non-curricular health |
2 | | and safety requirements in a charter school contract that are |
3 | | not contained in the list promulgated by the State Board, |
4 | | including non-curricular health and safety requirements of the |
5 | | authorizing local school board.
|
6 | | (e) Except as otherwise provided in the School Code, a |
7 | | charter school shall
not charge tuition; provided that a |
8 | | charter school may charge reasonable fees
for textbooks, |
9 | | instructional materials, and student activities.
|
10 | | (f) A charter school shall be responsible for the |
11 | | management and operation
of its fiscal affairs including,
but |
12 | | not limited to, the preparation of its budget. An audit of each |
13 | | charter
school's finances shall be conducted annually by an |
14 | | outside, independent
contractor retained by the charter |
15 | | school. To ensure financial accountability for the use of |
16 | | public funds, on or before December 1 of every year of |
17 | | operation, each charter school shall submit to its authorizer |
18 | | and the State Board a copy of its audit and a copy of the Form |
19 | | 990 the charter school filed that year with the federal |
20 | | Internal Revenue Service. In addition, if deemed necessary for |
21 | | proper financial oversight of the charter school, an authorizer |
22 | | may require quarterly financial statements from each charter |
23 | | school.
|
24 | | (g) A charter school shall comply with all provisions of |
25 | | this Article, the Illinois Educational Labor Relations Act, all |
26 | | federal and State laws and rules applicable to public schools |
|
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|
|
1 | | that pertain to special education and the instruction of |
2 | | English learners, and
its charter. A charter
school is exempt |
3 | | from all other State laws and regulations in this Code
|
4 | | governing public
schools and local school board policies; |
5 | | however, a charter school is not exempt from the following:
|
6 | | (1) Sections 10-21.9 and 34-18.5 of this Code regarding |
7 | | criminal
history records checks and checks of the Statewide |
8 | | Sex Offender Database and Statewide Murderer and Violent |
9 | | Offender Against Youth Database of applicants for |
10 | | employment;
|
11 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and |
12 | | 34-84a of this Code regarding discipline of
students;
|
13 | | (3) the Local Governmental and Governmental Employees |
14 | | Tort Immunity Act;
|
15 | | (4) Section 108.75 of the General Not For Profit |
16 | | Corporation Act of 1986
regarding indemnification of |
17 | | officers, directors, employees, and agents;
|
18 | | (5) the Abused and Neglected Child Reporting Act;
|
19 | | (5.5) subsection (b) of Section 10-23.12 and |
20 | | subsection (b) of Section 34-18.6 of this Code; |
21 | | (6) the Illinois School Student Records Act;
|
22 | | (7) Section 10-17a of this Code regarding school report |
23 | | cards;
|
24 | | (8) the P-20 Longitudinal Education Data System Act; |
25 | | (9) Section 27-23.7 of this Code regarding bullying |
26 | | prevention; and |
|
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1 | | (10) Section 2-3.162 of this Code regarding student |
2 | | discipline reporting; and |
3 | | (11) Section 22-80 of this Code. |
4 | | The change made by Public Act 96-104 to this subsection (g) |
5 | | is declaratory of existing law. |
6 | | (h) A charter school may negotiate and contract with a |
7 | | school district, the
governing body of a State college or |
8 | | university or public community college, or
any other public or |
9 | | for-profit or nonprofit private entity for: (i) the use
of a |
10 | | school building and grounds or any other real property or |
11 | | facilities that
the charter school desires to use or convert |
12 | | for use as a charter school site,
(ii) the operation and |
13 | | maintenance thereof, and
(iii) the provision of any service, |
14 | | activity, or undertaking that the charter
school is required to |
15 | | perform in order to carry out the terms of its charter.
|
16 | | However, a charter school
that is established on
or
after April |
17 | | 16, 2003 ( the effective date of Public Act 93-3) this |
18 | | amendatory Act of the 93rd General
Assembly and that operates
|
19 | | in a city having a population exceeding
500,000 may not |
20 | | contract with a for-profit entity to
manage or operate the |
21 | | school during the period that commences on April 16, 2003 ( the
|
22 | | effective date of Public Act 93-3) this amendatory Act of the |
23 | | 93rd General Assembly and
concludes at the end of the 2004-2005 |
24 | | school year.
Except as provided in subsection (i) of this |
25 | | Section, a school district may
charge a charter school |
26 | | reasonable rent for the use of the district's
buildings, |
|
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|
|
1 | | grounds, and facilities. Any services for which a charter |
2 | | school
contracts
with a school district shall be provided by |
3 | | the district at cost. Any services
for which a charter school |
4 | | contracts with a local school board or with the
governing body |
5 | | of a State college or university or public community college
|
6 | | shall be provided by the public entity at cost.
|
7 | | (i) In no event shall a charter school that is established |
8 | | by converting an
existing school or attendance center to |
9 | | charter school status be required to
pay rent for space
that is |
10 | | deemed available, as negotiated and provided in the charter |
11 | | agreement,
in school district
facilities. However, all other |
12 | | costs for the operation and maintenance of
school district |
13 | | facilities that are used by the charter school shall be subject
|
14 | | to negotiation between
the charter school and the local school |
15 | | board and shall be set forth in the
charter.
|
16 | | (j) A charter school may limit student enrollment by age or |
17 | | grade level.
|
18 | | (k) If the charter school is approved by the Commission, |
19 | | then the Commission charter school is its own local education |
20 | | agency. |
21 | | (Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669, |
22 | | eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15; |
23 | | 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff. |
24 | | 7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. |
25 | | 8-10-15; 99-456, eff. 9-15-16; revised 10-19-15.)
|
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1 | | (105 ILCS 5/34-18.6) (from Ch. 122, par. 34-18.6)
|
2 | | Sec. 34-18.6. Child abuse and neglect ; - detection,
|
3 | | reporting , and prevention. |
4 | | (a) The Board of Education may provide staff
development |
5 | | for local school site personnel who work with pupils in grades
|
6 | | kindergarten through 8 , in the detection, reporting , and |
7 | | prevention of child
abuse and neglect.
|
8 | | (b) Using a format and language that is clear, simple, and |
9 | | understandable to students, each public school and charter |
10 | | school shall post, in English and Spanish: |
11 | | (1) the current toll-free telephone number of the |
12 | | Department of Children and Family Services' child abuse |
13 | | hotline; |
14 | | (2) instructions to call 9-1-1 for emergencies; and |
15 | | (3) directions for accessing the Department of |
16 | | Children and Family Services' website for more information |
17 | | on reporting abuse, neglect, and exploitation. |
18 | | Public schools and charter schools shall post the |
19 | | information specified in this subsection (b) at each school |
20 | | campus in at least one high-traffic, highly and clearly |
21 | | visible, public area that is readily accessible to and widely |
22 | | used by students. The information must be on a poster, 11 x 17 |
23 | | inches or larger, in large print and placed at eye level to the |
24 | | student for easy viewing. Additionally, the current toll-free |
25 | | telephone number of the Department of Children and Family |
26 | | Services' child abuse hotline must be in bold print. |
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1 | | (Source: P.A. 84-1308.)
|
2 | | Section 95. No acceleration or delay. Where this Act makes |
3 | | changes in a statute that is represented in this Act by text |
4 | | that is not yet or no longer in effect (for example, a Section |
5 | | represented by multiple versions), the use of that text does |
6 | | not accelerate or delay the taking effect of (i) the changes |
7 | | made by this Act or (ii) provisions derived from any other |
8 | | Public Act.".
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