Full Text of HB5059 95th General Assembly
HB5059eng 95TH GENERAL ASSEMBLY
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HB5059 Engrossed |
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| AN ACT concerning education.
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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 5. The Nursing Education Scholarship Law is amended | 5 |
| by changing Sections 2 and 3 and by adding Section 6.5 as | 6 |
| follows:
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| (110 ILCS 975/2) (from Ch. 144, par. 2752)
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| Sec. 2. Legislative finding and declaration of policy. | 9 |
| (a) The General Assembly finds and hereby declares that the | 10 |
| provision of a
higher education leading to an associate degree | 11 |
| in nursing, an
associate
degree in applied sciences in nursing, | 12 |
| a hospital-based diploma
in nursing, a
baccalaureate degree in | 13 |
| nursing, a graduate degree in nursing, or a certificate in | 14 |
| practical nursing for
persons of this State
who desire such an | 15 |
| education is important to the health, welfare and
security of | 16 |
| this State and Nation, and consequently is an important public
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| purpose. Many qualified and potential nurses
are deterred by | 18 |
| financial considerations from pursuing their nursing
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| education, with consequent irreparable loss to the State and | 20 |
| Nation of
talents vital to health, welfare and security. A | 21 |
| system of scholarships,
repayment of which may be excused if | 22 |
| the individual is employed as a
registered professional
nurse | 23 |
| or a licensed practical nurse after
obtaining an associate |
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| degree in
nursing, associate degree in applied sciences in | 2 |
| nursing, hospital-based
diploma in nursing, baccalaureate | 3 |
| degree in nursing, graduate degree in nursing, or certificate
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| in practical nursing, will enable such individuals
to attend | 5 |
| approved institutions of their choice in the State,
public or
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| private.
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| (b) The General Assembly finds that there is a critical | 8 |
| shortage of nursing instructors in this State, and such a | 9 |
| shortage will only worsen the shortage of available nurses in | 10 |
| this State and jeopardize the quality of healthcare citizens of | 11 |
| this State have every right to enjoy. In order to provide for | 12 |
| the health, safety, and welfare of the citizens of this State, | 13 |
| the General Assembly declares that there is a need for an | 14 |
| increase in skilled nurse educators in this State. | 15 |
| (Source: P.A. 92-43, eff. 1-1-02; 93-879, eff. 1-1-05.)
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| (110 ILCS 975/3) (from Ch. 144, par. 2753)
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| Sec. 3. Definitions.
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| The following terms, whenever used or referred to, have the | 19 |
| following
meanings except where the context clearly indicates | 20 |
| otherwise:
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| (1) "Board" means the Board of Higher Education created by | 22 |
| the Board
of Higher Education Act.
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| (2) "Department" means the Illinois Department of Public | 24 |
| Health.
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| (3) "Approved institution" means a public community |
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| college, private
junior college, hospital-based diploma in | 2 |
| nursing
program, or public or private
college or university | 3 |
| located in this State that has approval by the Department of | 4 |
| Professional
Regulation for an associate degree in nursing
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| program,
associate degree in applied
sciences in nursing | 6 |
| program, hospital-based diploma in nursing
program,
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| baccalaureate degree in nursing program, graduate degree in | 8 |
| nursing program, or
certificate in practical
nursing program.
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| (4) "Baccalaureate degree in nursing program" means a | 10 |
| program offered by
an
approved institution and leading to a | 11 |
| bachelor of science degree in nursing.
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| (5) "Enrollment" means the establishment and maintenance | 13 |
| of an
individual's status as a student in an approved | 14 |
| institution, regardless of
the terms used at the institution to | 15 |
| describe such status.
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| (6) "Academic year" means the period of time from September | 17 |
| 1 of one
year through August 31 of the next year or as | 18 |
| otherwise defined by the
academic institution.
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| (7) "Associate degree in nursing program or hospital-based | 20 |
| diploma in
nursing program" means a program
offered by an | 21 |
| approved institution and leading to an associate
degree in
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| nursing, associate degree in applied sciences in nursing, or
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| hospital-based diploma in nursing.
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| (8) "Graduate degree in nursing program" means a program | 25 |
| offered by an approved institution and leading to a master of | 26 |
| science degree in nursing or a doctorate of philosophy or |
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| doctorate of nursing degree in nursing.
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| (9) "Director" means the Director of the Illinois | 3 |
| Department of Public
Health.
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| (10) "Accepted for admission" means a student has completed | 5 |
| the
requirements for entry into an associate degree in nursing | 6 |
| program,
associate degree in applied sciences in nursing | 7 |
| program, hospital-based
diploma in nursing program,
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| baccalaureate degree in nursing program, graduate degree in | 9 |
| nursing program, or
certificate in practical nursing program at | 10 |
| an approved institution, as
documented by the
institution.
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| (11) "Fees" means those mandatory charges, in addition to | 12 |
| tuition, that
all enrolled students must pay, including | 13 |
| required course or lab fees.
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| (12) "Full-time student" means a student enrolled for at | 15 |
| least 12 hours
per
term or as otherwise determined by the | 16 |
| academic institution.
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| (13) "Law" means the Nursing Education Scholarship Law.
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| (14) "Nursing employment obligation" means employment in | 19 |
| this State as a
registered
professional
nurse , or licensed | 20 |
| practical nurse , or advanced practical nurse in direct patient | 21 |
| care
or as a nurse educator in the case of a graduate degree in | 22 |
| nursing program recipient for at least one year for each year | 23 |
| of scholarship assistance received through
the Nursing
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| Education Scholarship Program.
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| (15) "Part-time student" means a person who is enrolled for | 26 |
| at least
one-third of the number of hours required per term by |
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| a school for its
full-time students.
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| (16) "Practical nursing program" means a program offered by | 3 |
| an approved
institution leading to a certificate in practical | 4 |
| nursing.
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| (17) "Registered professional nurse" means a
person who is | 6 |
| currently licensed as a registered professional nurse
by the | 7 |
| Department of Professional
Regulation under the Nurse Practice | 8 |
| Act.
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| (18) "Licensed practical nurse" means a
person who is | 10 |
| currently licensed as a licensed practical nurse
by the | 11 |
| Department of Professional
Regulation under the Nurse Practice | 12 |
| Act.
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| (19) "School term" means an academic term, such as a | 14 |
| semester, quarter,
trimester, or number of clock hours, as | 15 |
| defined by an approved institution.
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| (20) "Student in good standing" means a student maintaining | 17 |
| a cumulative
grade point average equivalent to at least the | 18 |
| academic grade of a "C".
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| (21) "Total and permanent disability" means a physical or | 20 |
| mental impairment,
disease, or loss of a permanent nature that | 21 |
| prevents nursing employment with or
without reasonable | 22 |
| accommodation. Proof of disability shall be a declaration
from | 23 |
| the social security administration, Illinois Workers' | 24 |
| Compensation Commission,
Department of Defense, or an insurer | 25 |
| authorized to transact business in
Illinois who is providing | 26 |
| disability insurance coverage to a contractor.
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| (22) "Tuition" means the established charges of an | 2 |
| institution of higher
learning for instruction at that | 3 |
| institution.
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| (23) "Nurse educator" means a person who is currently | 5 |
| licensed as a registered nurse by the Department of | 6 |
| Professional Regulation under the Nurse Practice Act, who has a | 7 |
| graduate degree in nursing, and who is employed by an approved | 8 |
| academic institution to educate registered nursing students, | 9 |
| licensed practical nursing students, and registered nurses | 10 |
| pursuing graduate degrees.
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| (24) "Nurse educator employment obligation" means | 12 |
| employment in this State as a nurse educator for at least 2 | 13 |
| years for each year of scholarship assistance received under | 14 |
| Section 6.5 of this Law. | 15 |
| Notwithstanding any other rulemaking authority that may | 16 |
| exist, neither the Governor nor any agency or agency head under | 17 |
| the jurisdiction of the Governor has any authority to make or | 18 |
| promulgate rules to implement or enforce the provisions of this | 19 |
| amendatory Act of the 95th General Assembly. If, however, the | 20 |
| Governor believes that rules are necessary to implement or | 21 |
| enforce the provisions of this amendatory Act of the 95th | 22 |
| General Assembly, the Governor may suggest rules to the General | 23 |
| Assembly by filing them with the Clerk of the House and the | 24 |
| Secretary of the Senate and by requesting that the General | 25 |
| Assembly authorize such rulemaking by law, enact those | 26 |
| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this | 2 |
| amendatory Act of the 95th General Assembly shall be | 3 |
| interpreted to grant rulemaking authority under any other | 4 |
| Illinois statute where such authority is not otherwise | 5 |
| explicitly given. For the purposes of this amendatory Act of | 6 |
| the 95th General Assembly, "rules" is given the meaning | 7 |
| contained in Section 1-70 of the Illinois Administrative | 8 |
| Procedure Act, and "agency" and "agency head" are given the | 9 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 10 |
| Administrative Procedure Act to the extent that such | 11 |
| definitions apply to agencies or agency heads under the | 12 |
| jurisdiction of the Governor. | 13 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07.)
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| (110 ILCS 975/6.5 new) | 15 |
| Sec. 6.5. Nurse educator scholarships. | 16 |
| (a) Beginning with the fall term of the 2008-2009 academic | 17 |
| year, the Department shall provide scholarships to individuals | 18 |
| selected from among those applicants who qualify for | 19 |
| consideration by showing the following: | 20 |
| (1) that he or she has been a resident of this State | 21 |
| for at least one year prior to application and is a citizen | 22 |
| or a lawful permanent resident alien of the United States; | 23 |
| (2) that he or she is enrolled in or accepted for | 24 |
| admission to a graduate degree in nursing program at an | 25 |
| approved institution; and |
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| (3) that he or she agrees to meet the nurse educator | 2 |
| employment obligation. | 3 |
| (b) If in any year the number of qualified applicants | 4 |
| exceeds the number of scholarships to be awarded under this | 5 |
| Section, the Department shall, in consultation with the Center | 6 |
| for Nursing Advisory Board, consider the following factors in | 7 |
| granting priority in awarding scholarships: | 8 |
| (1) Financial need, as shown on a standardized | 9 |
| financial needs assessment form used by an approved | 10 |
| institution, of students who will pursue their education on | 11 |
| a full-time or close to full-time basis and who already | 12 |
| have a diploma in nursing and are pursuing a higher degree. | 13 |
| (2) A student's status as a registered nurse who is | 14 |
| pursuing a graduate degree in nursing to pursue employment | 15 |
| in an approved institution that educates licensed | 16 |
| practical nurses and that educates registered nurses in | 17 |
| undergraduate and graduate nursing programs. | 18 |
| (3) A student's merit, as shown through his or her | 19 |
| grade point average, class rank, experience as a nurse, | 20 |
| including supervisory experience, experience as a nurse in | 21 |
| the United States military, and other academic and | 22 |
| extracurricular activities. | 23 |
| (c) Unless otherwise indicated, scholarships under this | 24 |
| Section shall be awarded to recipients at approved institutions | 25 |
| for a period of up to 3 years. | 26 |
| (d) Within 12 months after graduation from a graduate |
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| degree in nursing program for nurse educators, any recipient | 2 |
| who accepted a scholarship under this Section shall begin | 3 |
| meeting the required nurse educator employment obligation. In | 4 |
| order to defer his or her continuous employment obligation, a | 5 |
| recipient must request the deferment in writing from the | 6 |
| Department. A recipient shall receive a deferment if he or she | 7 |
| notifies the Department, within 30 days after enlisting, that | 8 |
| he or she is spending up to 4 years in military service. A | 9 |
| recipient shall receive a deferment if he or she notifies the | 10 |
| Department, within 30 days after enrolling, that he or she is | 11 |
| enrolled in an academic program leading to a graduate degree in | 12 |
| nursing. The recipient must begin meeting the required nurse | 13 |
| educator employment obligation no later than 6 months after the | 14 |
| end of the deferment or deferments. | 15 |
| Any person who fails to fulfill the nurse educator | 16 |
| employment obligation shall pay to the Department an amount | 17 |
| equal to the amount of scholarship funds received per year for | 18 |
| each unfulfilled year of the nurse educator employment | 19 |
| obligation, together with interest at 7% per year on the unpaid | 20 |
| balance. Payment must begin within 6 months following the date | 21 |
| of the occurrence initiating the repayment. All repayments must | 22 |
| be completed within 6 years from the date of the occurrence | 23 |
| initiating the repayment. However, this repayment obligation | 24 |
| may be deferred and re-evaluated every 6 months when the | 25 |
| failure to fulfill the nurse educator employment obligation | 26 |
| results from involuntarily leaving the profession due to a |
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| decrease in the number of nurses employed in this State or when | 2 |
| the failure to fulfill the nurse educator employment obligation | 3 |
| results from total and permanent disability. The repayment | 4 |
| obligation shall be excused if the failure to fulfill the nurse | 5 |
| educator employment obligation results from the death or | 6 |
| adjudication as incompetent of the person holding the | 7 |
| scholarship. No claim for repayment may be filed against the | 8 |
| estate of such a decedent or incompetent. | 9 |
| The Department may allow a nurse educator employment | 10 |
| obligation fulfillment alternative if the nurse educator | 11 |
| scholarship recipient is unsuccessful in finding work as a | 12 |
| nurse educator. The Department shall maintain a database of all | 13 |
| available nurse educator positions in this State. | 14 |
| (e) Each person applying for a scholarship under this | 15 |
| Section must be provided with a copy of this Section at the | 16 |
| time of application for the benefits of this scholarship. | 17 |
| (f) Notwithstanding any other rulemaking authority that | 18 |
| may exist, neither the Governor nor any agency or agency head | 19 |
| under the jurisdiction of the Governor has any authority to | 20 |
| make or promulgate rules to implement or enforce the provisions | 21 |
| of this amendatory Act of the 95th General Assembly. If, | 22 |
| however, the Governor believes that rules are necessary to | 23 |
| implement or enforce the provisions of this amendatory Act of | 24 |
| the 95th General Assembly, the Governor may suggest rules to | 25 |
| the General Assembly by filing them with the Clerk of the House | 26 |
| and the Secretary of the Senate and by requesting that the |
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HB5059 Engrossed |
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| General Assembly authorize such rulemaking by law, enact those | 2 |
| suggested rules into law, or take any other appropriate action | 3 |
| in the General Assembly's discretion. Nothing contained in this | 4 |
| amendatory Act of the 95th General Assembly shall be | 5 |
| interpreted to grant rulemaking authority under any other | 6 |
| Illinois statute where such authority is not otherwise | 7 |
| explicitly given. For the purposes of this amendatory Act of | 8 |
| the 95th General Assembly, "rules" is given the meaning | 9 |
| contained in Section 1-70 of the Illinois Administrative | 10 |
| Procedure Act, and "agency" and "agency head" are given the | 11 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 12 |
| Administrative Procedure Act to the extent that such | 13 |
| definitions apply to agencies or agency heads under the | 14 |
| jurisdiction of the Governor. | 15 |
| Section 10. The Nurse Practice Act is amended by changing | 16 |
| Section 70-50 as follows:
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| (225 ILCS 65/70-50)
(was 225 ILCS 65/20-40)
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| (Section scheduled to be repealed on January 1, 2018)
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| Sec. 70-50. Fund. | 20 |
| (a) There is hereby created within the State Treasury the
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| Nursing Dedicated and Professional Fund. The monies in the Fund | 22 |
| may be
used by and at the direction of the Department for the | 23 |
| administration and
enforcement of this Act, including but not | 24 |
| limited to:
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| (1) Distribution and publication of this Act and rules.
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| (2) Employment of secretarial, nursing, | 3 |
| administrative, enforcement, and
other staff for the | 4 |
| administration of this Act.
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| (b) Disposition of fees:
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| (1) $5 of every licensure fee shall be placed in a fund | 7 |
| for assistance to nurses enrolled in a diversionary program | 8 |
| as approved by the Department.
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| (2) All of the fees, fines, and penalties
collected | 10 |
| pursuant to
this Act shall be deposited in the Nursing | 11 |
| Dedicated and Professional Fund.
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| (3) Each fiscal year, the moneys deposited
in the | 13 |
| Nursing Dedicated and Professional Fund shall be | 14 |
| appropriated to the
Department for expenses of the | 15 |
| Department and the Board in the
administration of this Act. | 16 |
| All earnings received from investment of
moneys in the | 17 |
| Nursing Dedicated and Professional Fund shall be
deposited | 18 |
| in the Nursing Dedicated and Professional Fund and shall be | 19 |
| used
for the same purposes as fees deposited in the Fund.
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| (4) For the fiscal year beginning July 1, 2008 2004 and | 21 |
| for
each fiscal
year thereafter, $2,000,000 $1,200,000 of | 22 |
| the moneys deposited in the
Nursing Dedicated
and | 23 |
| Professional Fund each year shall be set aside and | 24 |
| appropriated to the
Department of Public Health for nursing | 25 |
| scholarships awarded pursuant to
the Nursing Education | 26 |
| Scholarship Law.
Representatives
of the Department and the |
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| Nursing Education Scholarship Program Advisory
Council | 2 |
| shall review this requirement and
the scholarship awards | 3 |
| every 2 years.
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| (5) Moneys in the Fund may be transferred to the | 5 |
| Professions
Indirect Cost Fund as authorized under Section | 6 |
| 2105-300 of the
Department of Professional Regulation Law | 7 |
| (20 ILCS 2105/2105-300).
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| (f) Moneys set aside for nursing scholarships awarded | 9 |
| pursuant to
the Nursing Education Scholarship Law as provided | 10 |
| in item (iv) of subsection (e) of this Section may not be | 11 |
| transferred under Section 8h of the State Finance Act. | 12 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
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