Full Text of HB2150 94th General Assembly
HB2150ham002 94TH GENERAL ASSEMBLY
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Rep. Cynthia Soto
Filed: 2/21/2006
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09400HB2150ham002 |
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LRB094 03005 AJO 56207 a |
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| AMENDMENT TO HOUSE BILL 2150
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| AMENDMENT NO. ______. Amend House Bill 2150, AS AMENDED, | 3 |
| immediately below the enacting clause by inserting the | 4 |
| following:
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| "Section 3. The Illinois Public Aid Code is amended by | 6 |
| changing Section 10-10 as follows:
| 7 |
| (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
| 8 |
| Sec. 10-10. Court enforcement; applicability also to | 9 |
| persons who are
not applicants or recipients. Except where the | 10 |
| Illinois Department, by
agreement, acts for the local | 11 |
| governmental unit, as provided in Section
10-3.1, local | 12 |
| governmental units shall refer to the State's Attorney or
to | 13 |
| the proper legal representative of the governmental unit, for
| 14 |
| judicial enforcement as herein provided, instances of | 15 |
| non-support or
insufficient support when the dependents are | 16 |
| applicants or recipients
under Article VI. The Child and Spouse | 17 |
| Support Unit
established by Section 10-3.1 may institute in | 18 |
| behalf of the Illinois
Department any actions under this | 19 |
| Section for judicial enforcement of
the support liability when | 20 |
| the dependents are (a) applicants or
recipients under Articles | 21 |
| III, IV, V or VII; (b) applicants or recipients
in a local | 22 |
| governmental unit when the Illinois Department, by agreement,
| 23 |
| acts for the unit; or (c) non-applicants or non-recipients who | 24 |
| are
receiving child support enforcement services under this |
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| Article X, as
provided
in Section 10-1. Where the Child and | 2 |
| Spouse Support Unit has exercised
its option and discretion not | 3 |
| to apply the provisions of Sections 10-3 through
10-8, the | 4 |
| failure by the Unit to apply such provisions shall not be a bar
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| to bringing an action under this Section.
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| Action shall be brought in the circuit court to obtain | 7 |
| support, or
for the recovery of aid granted during the period | 8 |
| such support was not
provided, or both for the obtainment of | 9 |
| support and the recovery of the
aid provided. Actions for the | 10 |
| recovery of aid may be taken separately
or they may be | 11 |
| consolidated with actions to obtain support. Such
actions may | 12 |
| be brought in the name of the person or persons requiring
| 13 |
| support, or may be brought in the name of the Illinois | 14 |
| Department or the
local governmental unit, as the case | 15 |
| requires, in behalf of such persons.
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| The court may enter such orders for the payment of moneys | 17 |
| for the
support of the person as may be just and equitable and | 18 |
| may direct
payment thereof for such period or periods of time | 19 |
| as the circumstances
require, including support for a period | 20 |
| before the date the order for support
is entered. The order may | 21 |
| be entered against any or all of the defendant
responsible | 22 |
| relatives and may be based upon the proportionate ability of
| 23 |
| each to contribute to the person's support.
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| The Court shall determine the amount of child support | 25 |
| (including child
support for a period before the date the order | 26 |
| for child support is entered)
by
using the
guidelines and | 27 |
| standards set forth in subsection (a) of Section 505 and in
| 28 |
| Section 505.2 of the Illinois Marriage and Dissolution of | 29 |
| Marriage Act.
For purposes of determining the amount of child | 30 |
| support to be paid for a
period before the date the order for | 31 |
| child support is entered, there is a
rebuttable
presumption | 32 |
| that the responsible relative's net income for that period was | 33 |
| the
same as his or her net income at the time the order is | 34 |
| entered.
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| If (i) the responsible relative was properly served with a | 2 |
| request for
discovery of
financial information relating to the | 3 |
| responsible relative's ability to provide
child support, (ii)
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| the responsible relative failed to comply with the request, | 5 |
| despite having been
ordered to
do so by the court, and (iii) | 6 |
| the responsible relative is not present at the
hearing to
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| determine support despite having received proper notice, then | 8 |
| any relevant
financial
information concerning the responsible | 9 |
| relative's ability to provide child
support
that was
obtained | 10 |
| pursuant to subpoena and proper notice shall be admitted into | 11 |
| evidence
without
the need to establish any further foundation | 12 |
| for its admission.
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| An order entered under this Section shall include a | 14 |
| provision requiring
the obligor to report to the obligee and to | 15 |
| the clerk of court within 10 days
each time the obligor obtains | 16 |
| new employment, and each time the obligor's
employment is | 17 |
| terminated for any reason.
The report shall be in writing and | 18 |
| shall, in the case of new employment,
include the name and | 19 |
| address of the new employer.
Failure to report new employment | 20 |
| or
the termination of current employment, if coupled with | 21 |
| nonpayment of support
for a period in excess of 60 days, is | 22 |
| indirect criminal contempt. For
any obligor arrested for | 23 |
| failure to report new employment bond shall be set in
the | 24 |
| amount of the child support that should have been paid during | 25 |
| the period of
unreported employment. An order entered under | 26 |
| this Section shall also include
a provision requiring the | 27 |
| obligor and obligee parents to advise each other of a
change in | 28 |
| residence within 5 days of the change
except when the court | 29 |
| finds that the physical, mental, or emotional health
of a party | 30 |
| or that of a minor child, or both, would be seriously | 31 |
| endangered by
disclosure of the party's address.
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| The Court shall determine the amount of maintenance using | 33 |
| the standards
set forth in Section 504 of the Illinois Marriage | 34 |
| and Dissolution of Marriage
Act.
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| Any new or existing support order entered by the court | 2 |
| under this
Section shall be deemed to be a series of judgments | 3 |
| against the person
obligated to pay support thereunder, each | 4 |
| such judgment to be in the amount
of each payment or | 5 |
| installment of support and each such judgment to be
deemed | 6 |
| entered as of the date the corresponding payment or installment
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| becomes due under the terms of the support order. Each such | 8 |
| judgment shall
have the full force, effect and attributes of | 9 |
| any other judgment of this
State, including the ability to be | 10 |
| enforced. Any such judgment is subject
to modification or | 11 |
| termination only in accordance with Section 510 of the
Illinois | 12 |
| Marriage and Dissolution of Marriage Act.
A lien arises by | 13 |
| operation of law against the real and personal property of
the | 14 |
| noncustodial parent for each
installment of overdue support | 15 |
| owed by the noncustodial parent.
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| When an order is entered for the support of a minor, the | 17 |
| court may
provide therein for reasonable visitation of the | 18 |
| minor by the person or
persons who provided support pursuant to | 19 |
| the order. Whoever willfully
refuses to comply with such | 20 |
| visitation order or willfully interferes
with its enforcement | 21 |
| may be declared in contempt of court and punished
therefor.
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| Except where the local governmental unit has entered into | 23 |
| an
agreement with the Illinois Department for the Child and | 24 |
| Spouse Support
Unit to act for it, as provided in Section | 25 |
| 10-3.1, support orders
entered by the court in cases involving | 26 |
| applicants or recipients under
Article VI shall provide that | 27 |
| payments thereunder be made
directly to the local governmental | 28 |
| unit. Orders for the support of all
other applicants or | 29 |
| recipients shall provide that payments thereunder be
made | 30 |
| directly to the Illinois Department.
In accordance with federal | 31 |
| law and regulations, the Illinois Department may
continue to | 32 |
| collect current maintenance payments or child support | 33 |
| payments, or
both, after those persons cease to receive public | 34 |
| assistance and until
termination of services under Article X. |
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| The Illinois Department shall pay the
net amount collected to | 2 |
| those persons after deducting any costs incurred in
making
the | 3 |
| collection or any collection fee from the amount of any | 4 |
| recovery made. In both cases the order shall permit the local
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| governmental unit or the Illinois Department, as the case may | 6 |
| be, to direct
the responsible relative or relatives to make | 7 |
| support payments directly to
the needy person, or to some | 8 |
| person or agency in his behalf, upon removal
of the person from | 9 |
| the public aid rolls or upon termination of services under
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| Article X.
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| If the notice of support due issued pursuant to Section | 12 |
| 10-7 directs
that support payments be made directly to the | 13 |
| needy person, or to some
person or agency in his behalf, and | 14 |
| the recipient is removed from the
public aid rolls, court | 15 |
| action may be taken against the responsible
relative hereunder | 16 |
| if he fails to furnish support in accordance with the
terms of | 17 |
| such notice.
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| Actions may also be brought under this Section in behalf of | 19 |
| any
person who is in need of support from responsible | 20 |
| relatives, as defined
in Section 2-11 of Article II who is not | 21 |
| an applicant for or recipient
of financial aid under this Code. | 22 |
| In such instances, the State's
Attorney of the county in which | 23 |
| such person resides shall bring action
against the responsible | 24 |
| relatives hereunder. If the Illinois
Department, as authorized | 25 |
| by Section 10-1, extends the child support
enforcement
services
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| provided by this Article to spouses and dependent children who | 27 |
| are not
applicants or recipients under this Code, the Child and | 28 |
| Spouse Support
Unit established by Section 10-3.1 shall bring | 29 |
| action against the
responsible relatives hereunder and any | 30 |
| support orders entered by the
court in such cases shall provide | 31 |
| that payments thereunder be made
directly to the Illinois | 32 |
| Department.
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| Whenever it is determined in a proceeding to establish or | 34 |
| enforce a child
support or maintenance obligation that the |
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| person owing a duty of support
is unemployed, the court shall, | 2 |
| unless the court makes specific findings about the person based | 3 |
| upon clear and convincing evidence and determines that the | 4 |
| person is incapable of gainful employment because of a physical | 5 |
| or a mental condition, or a combination of conditions,
may
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| order the person to seek employment and report
periodically to | 7 |
| the court with a diary, listing or other memorandum of his
or | 8 |
| her efforts in accordance with such order. Additionally, the | 9 |
| court may
order the unemployed person to report to the | 10 |
| Department of Employment
Security for job search services or to | 11 |
| make application with the local Job
Training Partnership Act | 12 |
| provider or an Illinois Employment and Training Center for | 13 |
| participation in job search,
training or work programs and | 14 |
| where the duty of support is owed to a child
receiving child | 15 |
| support enforcement services under this Article X, the
court | 16 |
| may
order the
unemployed person to report to the Illinois | 17 |
| Department for participation
in job search, training or work | 18 |
| programs established under Section 9-6 and
Article IXA of this | 19 |
| Code.
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| Whenever it is determined that a person owes past-due | 21 |
| support for a child
receiving assistance under this Code, the | 22 |
| court shall order at the request of
the Illinois Department:
| 23 |
| (1) that the person pay the past-due support in | 24 |
| accordance with a plan
approved by the court; or
| 25 |
| (2) if the person owing past-due support is unemployed, | 26 |
| is subject to
such a plan, and is not incapacitated, that | 27 |
| the person participate in such job
search, training, or | 28 |
| work programs established under Section 9-6 and Article
IXA | 29 |
| of this Code as the court deems appropriate.
| 30 |
| A determination under this Section shall not be | 31 |
| administratively
reviewable by the procedures specified in | 32 |
| Sections 10-12, and 10-13 to
10-13.10. Any determination under | 33 |
| these Sections, if made the basis of
court action under this | 34 |
| Section, shall not affect the de novo judicial
determination |
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| required under this Section.
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| A one-time charge of 20% is imposable upon the amount of | 3 |
| past-due child
support owed on July 1, 1988 which has accrued | 4 |
| under a support order
entered by the court. The charge shall be | 5 |
| imposed in accordance with the
provisions of Section 10-21 of | 6 |
| this Code and shall be enforced by the court
upon petition.
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| All orders for support, when entered or modified, shall
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| include a provision requiring the non-custodial parent to | 9 |
| notify the court and,
in cases in which a party is receiving | 10 |
| child support
enforcement services under
this Article X, the | 11 |
| Illinois Department, within 7 days, (i) of the name,
address, | 12 |
| and telephone number of any new employer of the non-custodial | 13 |
| parent,
(ii) whether the non-custodial parent has access to | 14 |
| health insurance coverage
through the employer or other group | 15 |
| coverage and, if so, the policy name and
number and the names | 16 |
| of persons covered under
the policy, and (iii) of any new | 17 |
| residential or mailing address or telephone
number of the | 18 |
| non-custodial parent. In any subsequent action to enforce a
| 19 |
| support order, upon a sufficient showing that a diligent effort | 20 |
| has been made
to ascertain the location of the non-custodial | 21 |
| parent, service of process or
provision of notice necessary in | 22 |
| the case may be made at the last known
address of the | 23 |
| non-custodial parent in any manner expressly provided by the
| 24 |
| Code of Civil Procedure or this Code, which service shall be | 25 |
| sufficient for
purposes of due process.
| 26 |
| An order for support shall include a date on which the | 27 |
| current support
obligation terminates. The termination date | 28 |
| shall be no earlier than the
date on which the child covered by | 29 |
| the order will attain the age of
18. However, if the child will | 30 |
| not graduate from high school until after
attaining the age
of | 31 |
| 18, then the termination date shall be no earlier than the | 32 |
| earlier of the
date on which
the child's high school graduation | 33 |
| will occur or the date on which the child
will attain the
age | 34 |
| of 19. The order for support shall state
that the termination |
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| date does not apply to
any arrearage that may remain unpaid on | 2 |
| that date. Nothing in this paragraph
shall be construed to | 3 |
| prevent the court from modifying the order or terminating
the | 4 |
| order in the event the child is otherwise emancipated.
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| If there is an unpaid arrearage or delinquency (as those | 6 |
| terms are defined in the Income Withholding for Support Act) | 7 |
| equal to at least one month's support obligation on the | 8 |
| termination date stated in the order for support or, if there | 9 |
| is no termination date stated in the order, on the date the | 10 |
| child attains the age of majority or is otherwise emancipated, | 11 |
| then the periodic amount required to be paid for current | 12 |
| support of that child immediately prior to that date shall | 13 |
| automatically continue to be an obligation, not as current | 14 |
| support but as periodic payment toward satisfaction of the | 15 |
| unpaid arrearage or delinquency. That periodic payment shall be | 16 |
| in addition to any periodic payment previously required for | 17 |
| satisfaction of the arrearage or delinquency. The total | 18 |
| periodic amount to be paid toward satisfaction of the arrearage | 19 |
| or delinquency may be enforced and collected by any method | 20 |
| provided by law for the enforcement and collection of child | 21 |
| support, including but not limited to income withholding under | 22 |
| the Income Withholding for Support Act. Each order for support | 23 |
| entered or modified on or after the effective date of this | 24 |
| amendatory Act of the 93rd General Assembly must contain a | 25 |
| statement notifying the parties of the requirements of this | 26 |
| paragraph. Failure to include the statement in the order for | 27 |
| support does not affect the validity of the order or the | 28 |
| operation of the provisions of this paragraph with regard to | 29 |
| the order. This paragraph shall not be construed to prevent or | 30 |
| affect the establishment or modification of an order for the | 31 |
| support of a minor child or the establishment or modification | 32 |
| of an order for the support of a non-minor child or educational | 33 |
| expenses under Section 513 of the Illinois Marriage and | 34 |
| Dissolution of Marriage Act.
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| Payments under this Section to the Illinois Department | 2 |
| pursuant to the
Child Support Enforcement Program established | 3 |
| by Title IV-D of the Social
Security Act shall be paid into the | 4 |
| Child Support Enforcement Trust Fund.
All payments under this | 5 |
| Section to the Illinois Department of Human
Services shall be | 6 |
| deposited in the DHS Recoveries
Trust Fund. Disbursements from | 7 |
| these funds shall be as provided in Sections
12-9.1 and 12-10.2 | 8 |
| of this Code. Payments received by a local
governmental unit | 9 |
| shall be deposited in that unit's General Assistance Fund.
| 10 |
| To the extent the provisions of this Section are | 11 |
| inconsistent with the
requirements pertaining to the State | 12 |
| Disbursement Unit under Sections 10-10.4
and 10-26 of this | 13 |
| Code, the requirements pertaining to the State Disbursement
| 14 |
| Unit shall apply.
| 15 |
| (Source: P.A. 93-1061, eff. 1-1-05; 94-88, eff. 1-1-06; revised | 16 |
| 8-9-05.)"; and
| 17 |
| after the end of Section 5, by inserting the following: | 18 |
| "Section 10. The Non-Support Punishment Act is amended by | 19 |
| changing Section 60 as follows:
| 20 |
| (750 ILCS 16/60)
| 21 |
| Sec. 60. Unemployed persons owing duty of support.
| 22 |
| (a) Whenever it is determined in a proceeding to establish | 23 |
| or enforce a
child support or maintenance obligation that the | 24 |
| person owing a duty of support
is unemployed, the court shall, | 25 |
| unless the court makes specific findings about the person based | 26 |
| upon clear and convincing evidence and determines that the | 27 |
| person is incapable of gainful employment because of a physical | 28 |
| or a mental condition, or a combination of conditions,
may
| 29 |
| order the person to seek employment and report
periodically to | 30 |
| the court with a diary, listing or other memorandum of his or
| 31 |
| her efforts in accordance with such order. Additionally, the |
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| court may order
the unemployed person to report to the | 2 |
| Department of Employment Security for
job search services or to | 3 |
| make application with the local Job
Training Partnership Act | 4 |
| provider or an Illinois Employment and Training Center for | 5 |
| participation in job search, training,
or work programs and | 6 |
| where the duty of support is owed to a child receiving
child | 7 |
| support enforcement services under Article X of the Illinois
| 8 |
| Public Aid Code the court may
order the unemployed person to | 9 |
| report to the Illinois Department of Healthcare and Family | 10 |
| Services
Public Aid
for participation in job search, training, | 11 |
| or work programs established under
Section 9-6 and Article IXA | 12 |
| of that Code.
| 13 |
| (b) Whenever it is determined that a person owes past due | 14 |
| support for a
child or for a child and the parent with whom the | 15 |
| child is living, and the
child is receiving assistance under | 16 |
| the Illinois Public Aid Code, the court
shall order at the | 17 |
| request of the Illinois Department of Healthcare and Family | 18 |
| Services
Public Aid :
| 19 |
| (1) that the person pay the past-due support in | 20 |
| accordance with a plan
approved by the court; or
| 21 |
| (2) if the person owing past-due support is unemployed, | 22 |
| is subject to such
a plan, and is not incapacitated, that | 23 |
| the person participate in such job
search, training, or | 24 |
| work programs established under Section 9-6 and Article
IXA | 25 |
| of the Illinois Public Aid Code as the court deems | 26 |
| appropriate.
| 27 |
| (Source: P.A. 91-613, eff. 10-1-99; 92-16, eff. 6-28-01; | 28 |
| 92-590, eff. 7-1-02; revised 12-15-05.)
| 29 |
| Section 15. The Illinois Parentage Act of 1984 is amended | 30 |
| by changing Section 15.1 as follows:
| 31 |
| (750 ILCS 45/15.1) (from Ch. 40, par. 2515.1)
| 32 |
| Sec. 15.1. (a) Whenever it is determined in a proceeding to |
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| establish or
enforce a child support obligation that the person | 2 |
| owing a duty of support is
unemployed, the court shall, unless | 3 |
| the court makes specific findings about the person based upon | 4 |
| clear and convincing evidence and determines that the person is | 5 |
| incapable of gainful employment because of a physical or a | 6 |
| mental condition, or a combination of conditions,
may order the | 7 |
| person to seek employment and report
periodically to the court | 8 |
| with a diary, listing or other memorandum of his
or her efforts | 9 |
| in accordance with such order. Additionally, the court may
| 10 |
| order the unemployed person to report to the Department of | 11 |
| Employment
Security for job search services or to make | 12 |
| application with the local Job
Training Partnership Act | 13 |
| provider or an Illinois Employment and Training Center for | 14 |
| participation in job search, training
or work programs and | 15 |
| where the duty of support is owed to a child receiving
child | 16 |
| support enforcement services under Article X of the Illinois
| 17 |
| Public Aid Code, as
amended, the court may order the unemployed | 18 |
| person to report to the
Illinois Department of Healthcare and | 19 |
| Family Services
Public Aid for participation in job search, | 20 |
| training
or work programs established under Section 9-6 and | 21 |
| Article IXA of that
Code.
| 22 |
| (b) Whenever it is determined that a
person owes past-due | 23 |
| support for a child,
and the child is receiving assistance | 24 |
| under the Illinois Public Aid Code,
the court shall order the
| 25 |
| following at the request of the Illinois Department of | 26 |
| Healthcare and Family Services
Public Aid :
| 27 |
| (1) that the person pay the past-due support in | 28 |
| accordance with a plan
approved by the court; or
| 29 |
| (2) if the person owing past-due support is unemployed, | 30 |
| is subject to such
a plan, and is
not incapacitated, that | 31 |
| the person participate in such job search, training, or
| 32 |
| work programs established under Section 9-6 and Article IXA | 33 |
| of the Illinois
Public Aid Code as the court deems | 34 |
| appropriate.
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| (Source: P.A. 91-357, eff. 7-29-99; 92-590, eff. 7-1-02; | 2 |
| revised 12-15-05.)".
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