Full Text of HB0315 94th General Assembly
HB0315 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0315
Introduced 01/19/05, by Rep. Daniel J. Burke SYNOPSIS AS INTRODUCED: |
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New Act |
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30 ILCS 105/5.640 new |
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30 ILCS 105/8h |
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35 ILCS 5/507EE new |
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510 ILCS 5/3 |
from Ch. 8, par. 353 |
30 ILCS 805/8.29 new |
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Creates the Illinois Public Health and Safety Animal Population Control Act. Requires the Department of Public Health to develop and administer a program of reimbursements to veterinarians for the sterilization and rabies vaccination of the dogs and cats of low-income owners and feral cat colony caretakers. Requires a co-payment by the owner or feral cat colony caretaker. Funds the program through a voluntary individual income tax checkoff and a $3 fee on each rabies vaccination required by the Animal Control Act. Authorizes administrative fines for violations of the program. Amends the State Finance Act to create the necessary special fund within the State treasury and amends the Illinois Income Tax Act to establish the checkoff. Amends the Animal Control Act. Requires (now, authorizes) a county board to require the registration of dogs and cats. Imposes a $100 fine for failure to register. Requires that the fine be divided between the local animal control fund and the Illinois Public Health and Safety Animal Population Control Fund. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB0315 |
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LRB094 06336 JAM 36412 b |
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| AN ACT concerning animals.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Illinois Public Health and Safety Animal Population Control | 6 |
| Act.
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| Section 5. Findings. The General Assembly finds the | 8 |
| following:
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| (1) The number of unwanted or dangerous dogs and cats | 10 |
| has placed financial and logistic burden upon Illinois | 11 |
| counties and municipalities and presents a threat to public | 12 |
| safety. | 13 |
| (2) Reducing the number of unwanted or dangerous dogs | 14 |
| will work to lessen the administrative and operational | 15 |
| tasks and the amount of revenue expended by counties and | 16 |
| municipalities for animal control. | 17 |
| (3) An increase in rabies-vaccinated and spayed or | 18 |
| neutered pets will work to reduce the number of unwanted or | 19 |
| dangerous dogs and cats. | 20 |
| (4) Access to statewide information and a means to | 21 |
| procure rabies vaccinations and spayed or neuter service to | 22 |
| financially disadvantaged pet owners will reduce the | 23 |
| number of unwanted and dangerous animals, promote public | 24 |
| safety, and assist counties and municipalities. | 25 |
| (5) This Act is established to provide a means by which | 26 |
| population control and rabies vaccinations may be | 27 |
| financed.
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| Section 10. Definitions. As used in this Act:
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| "Director" means the Director of Public Health.
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| "Department" means the Department of Public Health.
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| "Companion animal" means any domestic dog (canis lupus |
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| familiaris) or domestic cat
(felis catus).
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| "Fund" means the Illinois Public Health and Safety Animal | 3 |
| Population Control Fund established in this Act.
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| Section 15. Income tax checkoff. Each individual income tax | 5 |
| payer may contribute to the Illinois Public Health and Safety | 6 |
| Animal Population Control Fund through the income tax checkoff | 7 |
| described in Section 507EE of the Illinois Income Tax Act.
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| Section 20. Program established. The Department shall | 9 |
| establish and implement an Illinois Public Health and Safety | 10 |
| Animal Population Control Program by December 31, 2005. The | 11 |
| purpose of this program is to reduce the population of unwanted | 12 |
| and stray dogs and cats in Illinois by encouraging the owners | 13 |
| of dogs and cats to have them permanently sexually sterilized | 14 |
| and vaccinated, thereby reducing potential threats to public | 15 |
| health and safety. The program shall begin collecting funds on | 16 |
| January 1, 2006 and shall begin distributing funds for | 17 |
| vaccinations, spaying and neutering operations, or chemical | 18 |
| sterilizations in January, 2007. No dog or cat imported from | 19 |
| another state is eligible to be sterilized or vaccinated under | 20 |
| this program. Beginning June 30, 2007, the Director must make | 21 |
| an annual written report relative to the progress of the | 22 |
| program to the President of the Senate, the Speaker of the | 23 |
| House of Representatives, and the Governor.
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| Section 25. Eligibility to participate. A resident of the | 25 |
| State who owns a dog or cat and who is eligible for the Food | 26 |
| Stamp Program, the Medicaid Program, or the Disability | 27 |
| Insurance Benefits Program shall be eligible to participate in | 28 |
| the program at a reduced rate if the owner signs a consent form | 29 |
| certifying that he or she is the owner of the dog or cat or is | 30 |
| authorized by the owner to present the dog or cat for the | 31 |
| procedure. A resident of this State who is managing a feral cat | 32 |
| colony and who humanely traps feral cats for spaying or | 33 |
| neutering and return is eligible to participate in the program |
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| provided the trap, spay, neuter, and return program is | 2 |
| recognized by the municipality or by the county, if it is | 3 |
| located in an unincorporated area. The sterilization shall be | 4 |
| performed by a voluntarily participating veterinarian or | 5 |
| veterinary student under the supervision of a veterinarian. The | 6 |
| co-payment for the cat or dog sterilization procedure and | 7 |
| vaccinations shall be $15.
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| Section 30. Veterinarian participation. Any veterinarian | 9 |
| may participate in the program established under this Act. The | 10 |
| Director shall establish a reasonable schedule of rates for | 11 |
| reimbursement of examination, presurgical immunization, and | 12 |
| sterilization services specified in this Act. | 13 |
| The Director shall reimburse, to the extent funds are | 14 |
| available, participating veterinarians for each dog or cat | 15 |
| sterilization procedure administered. To receive this | 16 |
| reimbursement, the veterinarian must submit a dog or cat | 17 |
| preauthorization sterilization or vaccination certificate on a | 18 |
| form approved by the Director that must be signed by the | 19 |
| veterinarian and the owner of the dog or cat or the feral cat | 20 |
| caretaker. The Director shall notify all participating | 21 |
| veterinarians if the program must be suspended for any period | 22 |
| due to a lack of revenue and shall also notify all | 23 |
| participating veterinarians when the program will resume. | 24 |
| Veterinarians who voluntarily participate in this | 25 |
| sterilization and vaccination program may decline to treat | 26 |
| feral cats if they choose.
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| For all dogs and cats sterilized under this Act, the | 28 |
| Director shall also reimburse, to the extent funds are | 29 |
| available, participating veterinarians for (1) an examination | 30 |
| fee and the presurgical immunization of dogs against rabies and | 31 |
| other diseases pursuant to Department rules or (2) examination | 32 |
| fees and the presurgical immunizations of cats against rabies | 33 |
| and other diseases pursuant to Department rules. Reimbursement | 34 |
| for the full cost of the covered presurgical immunizations | 35 |
| shall be made by the Director to the participating veterinarian |
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| upon the written certification, signed by the veterinarian and | 2 |
| the owner of the companion animal or the feral cat caretaker, | 3 |
| that the immunization has been administered. There shall be no | 4 |
| additional charges to the owner of a dog or cat sterilized | 5 |
| under this Act or feral cat caretaker for examination fees or | 6 |
| the presurgical immunizations.
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| Section 35. Rulemaking. The Director shall adopt rules | 8 |
| relative to:
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| (1) Other immunizations covered.
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| (2) Format and content of all forms required under this | 11 |
| Act.
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| (3) Proof of eligibility.
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| (4) Administration of the Fund.
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| (5) Any other matter necessary for the administration | 15 |
| of this Act.
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| Section 40. Enforcement; administrative fine. Any person | 17 |
| who knowingly falsifies proof of eligibility for or | 18 |
| participation in any program under this Act, knowingly | 19 |
| furnishes any licensed veterinarian with inaccurate | 20 |
| information concerning the ownership of a dog or cat submitted | 21 |
| for a sterilization procedure, or violates any provision of | 22 |
| this Act may be subject to an administrative fine not to exceed | 23 |
| $500 for each violation.
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| Section 45. Illinois Public Health and Safety Animal | 25 |
| Population Control Fund.
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| (a) The Illinois Public Health and Safety Animal Population | 27 |
| Control Fund is established as a special fund in the State | 28 |
| treasury. The moneys generated from the fees collected under | 29 |
| subsection (b) of this Section, from Section 507EE of the | 30 |
| Illinois Income Tax Act, and from voluntary contributions must | 31 |
| be kept in the Fund and shall be used only to sterilize and | 32 |
| vaccinate dogs and cats in this State pursuant to the program, | 33 |
| to promote the sterilization program, to educate the public |
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| about the importance of spaying and neutering, and for | 2 |
| reasonable administrative and personnel costs related to the | 3 |
| Fund. Ten percent of the Fund shall be set aside and allocated | 4 |
| each year to the University of Illinois Veterinary School Urban | 5 |
| Practice Project of the Anthrozoologic Initiative to spay, | 6 |
| neuter, and vaccinate animals in underserved areas of Illinois.
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| (b) Beginning January 1, 2006, each time a rabies tag is | 8 |
| issued by a veterinarian or county, the collecting entity | 9 |
| established by county ordinance shall collect a $3 public | 10 |
| safety fee on each vaccinated dog and cat required to be | 11 |
| registered under the Animal Control Act. The fees shall be | 12 |
| remitted for the Department for deposit in the Fund on a | 13 |
| quarterly basis. Feral cats are exempt from the requirement of | 14 |
| this subsection.
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| Section 905. The State Finance Act is amended by changing | 16 |
| Section 8h and by adding Section 5.640 as follows: | 17 |
| (30 ILCS 105/5.640 new) | 18 |
| Sec. 5.640. Illinois Public Health and Safety Animal | 19 |
| Population Control Fund. | 20 |
| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. | 22 |
| (a) Except as provided in subsection (b), notwithstanding | 23 |
| any other
State law to the contrary, the Governor
may, through | 24 |
| June 30, 2007, from time to time direct the State Treasurer and | 25 |
| Comptroller to transfer
a specified sum from any fund held by | 26 |
| the State Treasurer to the General
Revenue Fund in order to | 27 |
| help defray the State's operating costs for the
fiscal year. | 28 |
| The total transfer under this Section from any fund in any
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| fiscal year shall not exceed the lesser of (i) 8% of the | 30 |
| revenues to be deposited
into the fund during that fiscal year | 31 |
| or (ii) an amount that leaves a remaining fund balance of 25% | 32 |
| of the July 1 fund balance of that fiscal year. In fiscal year | 33 |
| 2005 only, prior to calculating the July 1, 2004 final |
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| balances, the Governor may calculate and direct the State | 2 |
| Treasurer with the Comptroller to transfer additional amounts | 3 |
| determined by applying the formula authorized in Public Act | 4 |
| 93-839
this amendatory Act of the 93rd General Assembly to the | 5 |
| funds balances on July 1, 2003.
No transfer may be made from a | 6 |
| fund under this Section that would have the
effect of reducing | 7 |
| the available balance in the fund to an amount less than
the | 8 |
| amount remaining unexpended and unreserved from the total | 9 |
| appropriation
from that fund estimated to be expended for that | 10 |
| fiscal year. This Section does not apply to any
funds that are | 11 |
| restricted by federal law to a specific use, to any funds in
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| the Motor Fuel Tax Fund, the Hospital Provider Fund, or the | 13 |
| Medicaid Provider Relief Fund, or the Reviewing Court | 14 |
| Alternative Dispute Resolution Fund, or to any
funds to which | 15 |
| subsection (f) of Section 20-40 of the Nursing and Advanced | 16 |
| Practice Nursing Act applies. No transfers may be made under | 17 |
| this Section from the Illinois Public Health and Safety Animal | 18 |
| Population Control Fund. Notwithstanding any
other provision | 19 |
| of this Section, for fiscal year 2004,
the total transfer under | 20 |
| this Section from the Road Fund or the State
Construction | 21 |
| Account Fund shall not exceed the lesser of (i) 5% of the | 22 |
| revenues to be deposited
into the fund during that fiscal year | 23 |
| or (ii) 25% of the beginning balance in the fund.
For fiscal | 24 |
| year 2005 through fiscal year 2007, no amounts may be | 25 |
| transferred under this Section from the Road Fund, the State | 26 |
| Construction Account Fund, the Criminal Justice Information | 27 |
| Systems Trust Fund, the Wireless Carrier Reimbursement Fund, or | 28 |
| the Mandatory Arbitration Fund.
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| In determining the available balance in a fund, the | 30 |
| Governor
may include receipts, transfers into the fund, and | 31 |
| other
resources anticipated to be available in the fund in that | 32 |
| fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 34 |
| amounts designated
under this Section as soon as may be | 35 |
| practicable after receiving the direction
to transfer from the | 36 |
| Governor.
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| (b) This Section does not apply to any fund established | 2 |
| under the Community Senior Services and Resources Act.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | 4 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 5 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; revised | 6 |
| 12-1-04.)
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| Section 910. The Illinois Income Tax Act is amended by | 8 |
| adding Section 507EE as follows: | 9 |
| (35 ILCS 5/507EE new) | 10 |
| Sec. 507EE. Illinois Public Health and Safety Animal | 11 |
| Population Control Fund checkoff. The Department must print on | 12 |
| its standard individual income tax form a provision indicating | 13 |
| that if the taxpayer wishes to contribute to the Illinois | 14 |
| Public Health and Safety Animal Population Control Fund, as | 15 |
| established in the Illinois Public Health and Safety Animal | 16 |
| Population Control Act, he or she may do so by stating the | 17 |
| amount of the contribution (not less than $1) on the return and | 18 |
| that the contribution will reduce the taxpayer's refund or | 19 |
| increase the amount of payment to accompany the return. Failure | 20 |
| to remit any amount of increased payment reduces the | 21 |
| contribution accordingly. This Section does not apply to any | 22 |
| amended return. | 23 |
| The Department of Revenue shall determine annually the | 24 |
| total amount contributed to the Fund pursuant to this Section | 25 |
| and shall notify the State Comptroller and the State Treasurer | 26 |
| of the amount to be transferred to the Illinois Public Health | 27 |
| and Safety Animal Population Control Fund, and upon receipt of | 28 |
| the notification the State Comptroller shall transfer the | 29 |
| amount.
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| Section 915. The Animal Control Act is amended by changing | 31 |
| Section 3 as follows:
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| (510 ILCS 5/3) (from Ch. 8, par. 353)
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| Sec. 3. The County Board Chairman
with the consent of the | 2 |
| County Board
shall appoint an Administrator. Appointments | 3 |
| shall be made as
necessary to keep this position filled at all | 4 |
| times. The Administrator
may appoint as many Deputy | 5 |
| Administrators and Animal Control Wardens to
aid him or her as | 6 |
| authorized by the Board. The compensation for the
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| Administrator, Deputy Administrators, and Animal Control | 8 |
| Wardens shall
be fixed by the Board. The Administrator may be | 9 |
| removed from office by
the County Board Chairman, with the | 10 |
| consent of the County Board.
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| The Board shall provide necessary personnel, training, | 12 |
| equipment,
supplies, and
facilities, and shall operate pounds | 13 |
| or contract for their operation as
necessary to effectuate the | 14 |
| program. The Board may enter into contracts
or agreements with | 15 |
| persons to assist in the operation of the program.
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| The Board shall be empowered to utilize monies from their | 17 |
| General
Corporate Fund to effectuate the intent of this Act.
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| The Board shall
is authorized by ordinance to require the | 19 |
| registration of dogs and cats and
may require microchipping of
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| all dogs and cats .
and
The Board shall
impose an individual dog | 21 |
| or cat
animal and litter registration fee to be deposited in a | 22 |
| county animal control fund. In addition to the rabies | 23 |
| registration fee, pursuant to the Illinois Public Health and | 24 |
| Safety Animal Population Control Act, a $3 public safety fee on | 25 |
| each dog or cat shall be collected and forwarded quarterly to | 26 |
| the Department of Public Health for deposit in the Illinois | 27 |
| Public Health and Safety Animal Population Control Fund . All | 28 |
| persons
selling dogs or cats or keeping registries of dogs or | 29 |
| cats shall
cooperate and
provide
information
to the | 30 |
| Administrator as required by Board ordinance, including sales,
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| number of litters, and
ownership
of dogs and cats. If | 32 |
| microchips are required, the microchip number may
shall
serve | 33 |
| as the county animal
control registration number. All
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| microchips shall have an operating frequency of 125 kilohertz.
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| In obtaining information required to implement this Act, | 36 |
| the Department
shall have power to subpoena and bring before it |
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| any person in this State
and to take testimony either orally or | 2 |
| by deposition, or both, with the
same fees and mileage and in | 3 |
| the same manner as prescribed by law for civil
cases in courts | 4 |
| of this State.
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| The Director shall have power to
administer
oaths to | 6 |
| witnesses at any hearing which the Department is authorized by
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| law to conduct, and any other oaths required or authorized in | 8 |
| any Act
administered
by the Department.
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| Any owner who fails to register his or her dog or cat shall | 10 |
| pay a $100 fine, with 50% deposited into the county animal | 11 |
| control fund and 50% deposited into the Illinois Public Health | 12 |
| and Safety Animal Population Control Fund.
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| This Section does not apply to feral cats.
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| Section 995. The State Mandates Act is amended by adding | 16 |
| Section 8.29 as
follows:
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| (30 ILCS 805/8.29 new)
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| Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | 19 |
| of this
Act, no reimbursement by the State is required for the | 20 |
| implementation of
any mandate created by this amendatory Act of | 21 |
| the 94th General Assembly.
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| Section 999. Effective date. This Act takes effect upon | 23 |
| becoming law.
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