Full Text of HB0399 94th General Assembly
HB0399ham004 94TH GENERAL ASSEMBLY
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Rep. Lou Lang
Filed: 3/15/2005
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| AMENDMENT TO HOUSE BILL 399
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| AMENDMENT NO. ______. Amend House Bill 399, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. Short title. This Act may be cited as the | 6 |
| Health Care Workplace Violence Prevention Act. | 7 |
| Section 5. Findings. The General Assembly finds as follows: | 8 |
| (1) Violence is an escalating problem in many health | 9 |
| care workplaces in this State and across the nation. | 10 |
| (2) The actual incidence of workplace violence in | 11 |
| health care workplaces, in particular, is likely to be | 12 |
| greater than documented because of failure to report such | 13 |
| incidents or failure to maintain records of incidents that | 14 |
| are reported. | 15 |
| (3) Patients, visitors, and health care employees | 16 |
| should be assured a reasonably safe and secure environment | 17 |
| in a health care workplace. | 18 |
| (4) Many health care workplaces have undertaken | 19 |
| efforts to ensure that patients, visitors, and employees | 20 |
| are safe from violence, but additional personnel training | 21 |
| and appropriate safeguards may be needed to prevent | 22 |
| workplace violence and minimize the risk and dangers | 23 |
| affecting people in connection with the delivery of health | 24 |
| care.
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| Section 10. Definitions. In this Act: | 2 |
| "Abuse" means (i) any physical injury, sexual abuse, or | 3 |
| mental injury inflicted on a patient, employee, or visitor at a | 4 |
| health care workplace other than by accidental means or (ii) a | 5 |
| perceived immediate, threatened, or impending risk of physical | 6 |
| injury. | 7 |
| "Department" means the Department of Labor. | 8 |
| "Director" means the Director of Labor. | 9 |
| "Employee" means any individual who is employed on a | 10 |
| full-time, part-time, or contractual basis by a health care | 11 |
| workplace. | 12 |
| "Health care workplace" means a mental health facility or | 13 |
| developmental disability facility as defined in the Mental | 14 |
| Health and Developmental Disabilities Code, other than a | 15 |
| hospital or unit thereof licensed under the Hospital Licensing | 16 |
| Act or operated under the University of Illinois Hospital Act. | 17 |
| "Health care workplace" does not include, and shall not be | 18 |
| construed to include, any office of a physician licensed to | 19 |
| practice medicine in all its branches, an advanced practice | 20 |
| nurse, or a physician assistant, regardless of the form of such | 21 |
| office. | 22 |
| "Imminent danger" means a preliminary determination of | 23 |
| immediate, threatened, or impending risk of physical injury as | 24 |
| determined by the employee. | 25 |
| "Responsible agency" means the State agency that (i) | 26 |
| licenses, certifies, registers, or otherwise regulates or | 27 |
| exercises jurisdiction over a health care workplace or a health | 28 |
| care workplace's activities or (ii) contracts with a health | 29 |
| care workplace for the delivery of health care services.
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| "Violence" or "violent act" means any act by a person that | 31 |
| causes abuse of another person.
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| Section 15. Workplace violence plan. |
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| (a) By July 1, 2006, every health care workplace must adopt | 2 |
| and implement a plan to reasonably prevent and protect | 3 |
| employees from violence at that setting. The plan must address | 4 |
| security considerations related to the following items, as | 5 |
| appropriate to the particular workplace, based on the hazards | 6 |
| identified in the assessment required under subsection (b):
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| (1) The physical attributes of the health care | 8 |
| workplace. | 9 |
| (2) Staffing, including security staffing. | 10 |
| (3) Personnel policies. | 11 |
| (4) First aid and emergency procedures. | 12 |
| (5) The reporting of violent acts. | 13 |
| (6) Employee education and training.
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| (b) Before adopting the plan required under subsection (a), | 15 |
| a health care workplace must conduct a security and safety | 16 |
| assessment to identify existing or potential hazards for | 17 |
| violence and determine the appropriate preventive action to be | 18 |
| taken. The assessment must include, but need not be limited to, | 19 |
| a measure of the frequency of, and an identification of the | 20 |
| causes for and consequences of, violent acts at the workplace | 21 |
| during at least the preceding 5 years or for the years for | 22 |
| which records are available.
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| (c) In adopting the plan required by subsection (a), a | 24 |
| health care workplace may consider any guidelines on violence | 25 |
| in the workplace or in health care workplaces issued by the | 26 |
| Department of Public Health, the Department of Human Services, | 27 |
| the Department of Labor, the federal Occupational Safety and | 28 |
| Health Administration, Medicare, and health care workplace | 29 |
| accrediting organizations.
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| (d) It is the intent of the General Assembly that any | 31 |
| violence protection and prevention plan developed under this | 32 |
| Act be appropriate to the setting in which it is to be | 33 |
| implemented. To that end, the General Assembly recognizes that | 34 |
| not all health care services are provided in a facility or |
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| other formal setting. Many health care services are provided in | 2 |
| other, less formal settings. The General Assembly finds that it | 3 |
| may inappropriate and impractical for all health care | 4 |
| workplaces to address workplace violence in the same manner. | 5 |
| When enforcing this Act, the Department shall allow a health | 6 |
| care workplace sufficient flexibility in recognition of the | 7 |
| unique circumstances in which the health care workplace may | 8 |
| deliver services. | 9 |
| (e) Promptly after adopting a plan under subsection (a), a | 10 |
| health care workplace must file a copy of its plan with the | 11 |
| Department. The Department shall then forward a copy of the | 12 |
| plan to the appropriate responsible agency. | 13 |
| (f) A health care workplace must review its plan at least | 14 |
| once every 3 years and must report each such review to the | 15 |
| Department, together with any changes to the plan adopted by | 16 |
| the health care workplace. If a health care workplace does not | 17 |
| adopt any changes to its plan in response to such a review, it | 18 |
| must report that fact to the Department. A health care | 19 |
| workplace must promptly report to the Department all changes to | 20 |
| the health care workplace's plan, regardless of whether those | 21 |
| changes were adopted in response to a periodic review required | 22 |
| under this subsection. The Department shall then forward a copy | 23 |
| of the review report and changes, if any, to the appropriate | 24 |
| responsible agency. | 25 |
| (g) A health care workplace that is required to submit | 26 |
| written documentation of active safety and violence prevention | 27 |
| plans to comply with national accreditation standards shall be | 28 |
| deemed to be in compliance with subsections (a), (b), (c), and | 29 |
| (f) of this Section when the health care workplace forwards a | 30 |
| copy of that documentation to the Department. | 31 |
| Section 20. Violence prevention training. By July 1, 2007, | 32 |
| and on a regular basis thereafter, as set forth in the plan | 33 |
| adopted under Section 15, a health care workplace must provide |
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| violence prevention training to all its affected employees as | 2 |
| determined by the plan. For temporary employees, training must | 3 |
| take into account unique circumstances. A health care workplace | 4 |
| also shall provide periodic follow-up training for its | 5 |
| employees as appropriate. The training may vary by the plan and | 6 |
| may include, but need not be limited to, classes, videotapes, | 7 |
| brochures, verbal training, or other verbal or written training | 8 |
| that is determined to be appropriate under the plan. The | 9 |
| training must address the following topics, as appropriate to | 10 |
| the particular health care workplace and to the duties and | 11 |
| responsibilities of the particular employee being trained, | 12 |
| based on the hazards identified in the assessment required | 13 |
| under Section 15:
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| (1) General safety procedures. | 15 |
| (2) Personal safety procedures. | 16 |
| (3) The violence escalation cycle. | 17 |
| (4) Violence-predicting factors. | 18 |
| (5) Obtaining patient history from a patient with a | 19 |
| history of violent behavior. | 20 |
| (6) Verbal and physical techniques to de-escalate and | 21 |
| minimize violent behavior. | 22 |
| (7) Strategies to avoid physical harm. | 23 |
| (8) Restraining techniques, as permitted and governed | 24 |
| by law. | 25 |
| (9) Appropriate use of medications to reduce violent | 26 |
| behavior. | 27 |
| (10) Documenting and reporting incidents of violence. | 28 |
| (11) The process whereby employees affected by a | 29 |
| violent act may debrief or be calmed down and the tension | 30 |
| of the situation may be reduced. | 31 |
| (12) Any resources available to employees for coping | 32 |
| with violence. | 33 |
| (13) The workplace violence prevention plan adopted | 34 |
| under Section 15.
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| (14) The protection of confidentiality in accordance | 2 |
| with the Health Insurance Portability and Accountability | 3 |
| Act of 1996 and other related provisions of law. | 4 |
| Section 25. Record of violent acts; reporting of violent | 5 |
| acts. Beginning no later than July 1, 2006, every health care | 6 |
| workplace must keep a record of any violent act against an | 7 |
| employee, a patient, or a visitor occurring at the workplace. | 8 |
| At a minimum, the record must include the following:
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| (1) The health care workplace's name and address. | 10 |
| (2) The date, time, and specific location at the health | 11 |
| care workplace where the violent act occurred. | 12 |
| (3) The name, job title, department or ward assignment, | 13 |
| and staff identification or other identifier of the victim, | 14 |
| if the victim was an employee. | 15 |
| (4) A description of the person against whom the | 16 |
| violent act was committed as one of the following:
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| (A) A patient. | 18 |
| (B) A visitor. | 19 |
| (C) An employee. | 20 |
| (D) Other. | 21 |
| (5) A description of the person committing the violent | 22 |
| act as one of the following:
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| (A) A patient. | 24 |
| (B) A visitor. | 25 |
| (C) An employee. | 26 |
| (D) Other. | 27 |
| (6) A description of the type of abuse as one of the | 28 |
| following:
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| (A) A verbal or physical threat that presents | 30 |
| imminent danger to an employee. | 31 |
| (B) A physical assault with major soreness, cuts, | 32 |
| or large bruises. | 33 |
| (C) A physical assault with severe lacerations, a |
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| bone fracture, or a head injury. | 2 |
| (D) A physical assault with loss of limb or death. | 3 |
| (7) An identification of any body part injured. | 4 |
| (8) A description of any weapon used. | 5 |
| (9) The number of employees in the vicinity of the | 6 |
| violent act when it occurred. | 7 |
| (10) A description of actions taken by employees and | 8 |
| the health care workplace in response to the violent act. | 9 |
| Section 30. Assistance in complying with Act. A health care | 10 |
| workplace that needs assistance in complying with this Act may | 11 |
| contact the federal Department of Labor or the Illinois | 12 |
| Department of Labor for assistance. The Illinois departments of | 13 |
| Labor, Human Services, and Public Health shall collaborate with | 14 |
| representatives of health care workplaces to develop technical | 15 |
| assistance and training seminars on developing and | 16 |
| implementing a workplace violence plan as required under | 17 |
| Section 15. Those departments shall coordinate their | 18 |
| assistance to health care workplaces. | 19 |
| Section 35. Rules. The Department shall adopt rules to | 20 |
| implement this Act.
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| Section 900. The Mental Health and Developmental | 22 |
| Disabilities Administrative Act is amended by adding Section 72 | 23 |
| as follows: | 24 |
| (20 ILCS 1705/72 new) | 25 |
| Sec. 72. Violent acts against employees of facilities under | 26 |
| the Department's jurisdiction. Within 6 months after the | 27 |
| effective date of this amendatory Act of the 94th General | 28 |
| Assembly, the Department shall adopt rules prescribing the | 29 |
| procedures for reporting, investigating, and responding to | 30 |
| violent acts against employees of facilities under the |
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| Department's jurisdiction. As used in this Section, "violent | 2 |
| acts" has the meaning ascribed to that term in the Health Care | 3 |
| Workplace Violence Prevention Act. | 4 |
| Section 905. The Illinois State Auditing Act is amended by | 5 |
| changing Section 3-2 as follows: | 6 |
| (30 ILCS 5/3-2) (from Ch. 15, par. 303-2)
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| Sec. 3-2. Mandatory and directed post audits. The Auditor | 8 |
| General
shall conduct a financial audit, a compliance audit, or | 9 |
| other attestation
engagement, as is appropriate to the agency's | 10 |
| operations under generally
accepted
government auditing | 11 |
| standards, of each State agency except the Auditor
General or | 12 |
| his office at least once
during every biennium, except as is | 13 |
| otherwise provided in regulations
adopted under Section 3-8. | 14 |
| The general direction and supervision of the
financial audit | 15 |
| program may be delegated only to an individual who is a
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| Certified Public Accountant and a payroll employee of the | 17 |
| Office of the
Auditor General. In the conduct of financial | 18 |
| audits, compliance audits, and
other attestation engagements, | 19 |
| the
Auditor General may inquire into and report upon matters | 20 |
| properly within
the scope of a performance audit, provided that
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| such inquiry
shall be limited to matters arising during the | 22 |
| ordinary course of the
financial audit.
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| In any year the Auditor General shall conduct any special | 24 |
| audits as may
be necessary to form an opinion on the financial | 25 |
| statements of
this State, as
prepared by the Comptroller, and | 26 |
| to certify that this presentation is in
accordance with | 27 |
| generally accepted accounting principles for government.
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| Simultaneously with the biennial compliance audit of the
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| Department of
Human Services, the
Auditor General shall
conduct | 30 |
| a program audit of each facility under the jurisdiction of that
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| Department that is described in Section 4 of the
Mental Health
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| and Developmental Disabilities Administrative Act. The program |
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| audit
shall include an examination of the records of each | 2 |
| facility concerning
(i) reports of suspected abuse or neglect | 3 |
| of any patient or resident of the
facility and (ii) reports of | 4 |
| suspected abuse of facility staff by patients or residents . The | 5 |
| Auditor General shall report the findings of the program
audit | 6 |
| to the Governor and the General Assembly, including findings
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| concerning patterns or trends relating to (i) abuse or neglect | 8 |
| of facility
patients and residents or (ii) abuse of facility | 9 |
| staff . However, for any year for which the Inspector
General | 10 |
| submits a report to the Governor and General Assembly as | 11 |
| required under
Section 6.7 of the Abused and Neglected Long | 12 |
| Term Care Facility Residents
Reporting Act, the Auditor General | 13 |
| need not conduct the program audit otherwise
required under | 14 |
| this paragraph.
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| The Auditor General shall conduct a performance
audit of a
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| State agency when so directed by the Commission, or by either | 17 |
| house of
the General Assembly, in a resolution identifying the | 18 |
| subject, parties
and scope. Such a directing resolution may:
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| (a) require the Auditor General to examine and report | 20 |
| upon specific
management efficiencies or cost | 21 |
| effectiveness proposals specified therein;
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| (b) in the case of a program audit, set forth specific | 23 |
| program
objectives, responsibilities or duties or may | 24 |
| specify the program
performance standards or program | 25 |
| evaluation standards to be the basis of
the program audit;
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| (c) be directed at particular procedures or functions | 27 |
| established by
statute, by administrative regulation or by | 28 |
| precedent; and
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| (d) require the Auditor General to examine and report | 30 |
| upon specific
proposals relating to state programs | 31 |
| specified in the resolution.
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| The Commission may by resolution clarify, further direct, | 33 |
| or limit
the scope of any audit directed by a resolution of the | 34 |
| House or Senate,
provided that any such action by the |
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| Commission must be consistent with
the terms of the directing | 2 |
| resolution.
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| (Source: P.A. 93-630, eff. 12-23-03.)
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| Section 910. The Community Living Facilities Licensing Act | 5 |
| is amended by changing Section 11 as follows:
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| (210 ILCS 35/11) (from Ch. 111 1/2, par. 4191)
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| Sec. 11. Grounds for denial or revocation of a license. The | 8 |
| Department
may deny or begin proceedings to revoke a license if | 9 |
| the applicant or licensee
has been convicted of a felony or 2 | 10 |
| or more misdemeanors involving moral
turpitude, as shown by a | 11 |
| certified copy of the court of conviction; if the
Department | 12 |
| determines after investigation that such person has not been
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| sufficiently rehabilitated to warrant the public trust; or upon | 14 |
| other satisfactory
evidence that the moral
character of the | 15 |
| applicant or licensee is not reputable. In addition, the
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| Department may deny or begin proceedings to revoke a license at | 17 |
| any time
if the licensee:
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| (1) Submits false information either on Department | 19 |
| licensure forms or
during an inspection;
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| (2) Refuses to allow an inspection to occur;
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| (3) Violates this Act or rules and regulations promulgated | 22 |
| under this Act;
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| (4) Violates the rights of its residents;
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| (5) Fails to submit or implement a plan of correction | 25 |
| within the specified
time period ; or
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| (6) Fails to submit a workplace violence prevention plan in | 27 |
| compliance with the Health Care Workplace Violence Prevention | 28 |
| Act.
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| (Source: P.A. 82-567.)
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| Section 915. The Community-Integrated Living Arrangements | 31 |
| Licensure and
Certification Act is amended by changing Section |
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| 6 as follows:
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| (210 ILCS 135/6) (from Ch. 91 1/2, par. 1706)
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| Sec. 6. (a) The Department shall deny an application for a | 4 |
| license,
or revoke or refuse to renew the license of a | 5 |
| community mental health or
developmental services agency, or | 6 |
| refuse to issue a license to the holder
of a temporary permit, | 7 |
| if the Department determines that the applicant,
agency or | 8 |
| permit holder has not complied with a provision of this Act, | 9 |
| the
Mental Health and Developmental Disabilities Code, or | 10 |
| applicable Department
rules and regulations. Specific grounds | 11 |
| for denial or revocation of a
license, or refusal to renew a | 12 |
| license or to
issue a license to the holder of a temporary | 13 |
| permit, shall include but not be limited to:
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| (1) Submission of false information either on Department | 15 |
| licensure forms
or during an inspection;
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| (2) Refusal to allow an inspection to occur;
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| (3) Violation of this Act or rules and regulations | 18 |
| promulgated under this Act;
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| (4) Violation of the rights of a recipient; or
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| (5) Failure to submit or implement a plan of correction | 21 |
| within the
specified time period ; or | 22 |
| (6) Failure to submit a workplace violence prevention plan | 23 |
| in compliance with the Health Care Workplace Violence | 24 |
| Prevention Act .
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| (b) If the Department determines that the operation of a | 26 |
| community mental health
or developmental services agency or one | 27 |
| or more of the programs or
placements certified by the agency | 28 |
| under this Act jeopardizes the health,
safety or welfare of the | 29 |
| recipients served by the agency, the Department
may immediately | 30 |
| revoke the agency's license and may direct the agency to
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| withdraw recipients from any such program or placement.
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| (Source: P.A. 85-1250.)
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| Section 999. Effective date. This Act takes effect upon | 2 |
| becoming law.".
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