Full Text of HB0255 103rd General Assembly
HB0255eng 103RD GENERAL ASSEMBLY | | | HB0255 Engrossed | | LRB103 03779 RJT 48785 b |
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| 1 | | AN ACT concerning conservation. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 1. Short title. This Act may be cited as the Youth | 5 | | and Young Adult Conservation Education Act. | 6 | | Section 5. Declaration of intent. The General Assembly | 7 | | finds that youth, representing all segments of society, | 8 | | benefit from education and employment in the healthful outdoor | 9 | | atmosphere of the State's park systems, recreational | 10 | | facilities, and other public land and water areas and, through | 11 | | those education and employment opportunities, will develop, | 12 | | enhance, and maintain the natural resources of the State of | 13 | | Illinois while gaining an understanding and appreciation of | 14 | | the State's environment and heritage. The General Assembly, | 15 | | therefore, creates this Act to establish the Youth and Young | 16 | | Adult Conservation and Education Program to provide education | 17 | | and employment opportunities for the youth and young adults of | 18 | | this State to further the development and maintenance of the | 19 | | natural resources by Illinois' youth and, in so doing, to | 20 | | prepare them for the responsibility of maintaining and | 21 | | managing these resources. | 22 | | Section 10. Definitions. |
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| 1 | | As used in this Act: | 2 | | "Department" means the Department of Natural Resources. | 3 | | "Director" means the Director of Natural Resources. | 4 | | Section 15. Cooperation. The Department of Natural | 5 | | Resources shall have the full cooperation of the Illinois | 6 | | State Board of Education, the Department of Commerce and | 7 | | Economic Opportunity, the Illinois State Job Coordinating | 8 | | Council created by the Federal Job Training Partnership Act | 9 | | (Public Law 97-300), and the Department of Employment Security | 10 | | in carrying out the purposes of this Act. | 11 | | Section 20. Funding. Funding for this Act shall be from | 12 | | any State or federal funds or grants or other funding so | 13 | | received by the Department and any matching funds required by | 14 | | the Department from local sponsors that choose to participate | 15 | | in the Illinois Youth and Young Adult Conservation and | 16 | | Education Program. | 17 | | Section 25. Youth and Young Adult Conservation and | 18 | | Education Program. | 19 | | (a) The Youth and Young Adult Conservation and Education | 20 | | Program shall be limited to residents of this State who at the | 21 | | time of enrollment are 15 through 25 years of age. | 22 | | (b) The Director shall designate suitable projects and | 23 | | curriculum in which participants in the program shall |
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| 1 | | participate. | 2 | | Projects and curriculum so designated by the Director | 3 | | shall be for the purpose of any one or more of the following: | 4 | | (1) development, enhancement, and maintenance of the | 5 | | natural resources of the State of Illinois; | 6 | | (2) environmental stewardship and civic | 7 | | responsibility; or | 8 | | (3) enhancement of public lands owned or leased by the | 9 | | Department or developing and enhancing projects or | 10 | | initiatives undertaken in whole or part by the Department. | 11 | | Such projects and curriculum shall include improving the | 12 | | habitat of fauna and flora; improving use of conservation or | 13 | | recreation facilities and lands by the public; improving water | 14 | | quality; and any other project deemed by the Department to | 15 | | improve the environmental, economic, and recreational quality | 16 | | of the State's natural resources. | 17 | | All projects designated for activity by the Director shall | 18 | | be within a reasonable commuting time for each enrollee. To | 19 | | the extent possible, the Director shall designate areas where | 20 | | a pool of enrollees may work. In no circumstance shall | 21 | | enrollees be required to spend more than 1 1/2 hours of | 22 | | commuting time to a project or a designated area; provided, an | 23 | | enrollee may agree to spend more than 1 1/2 hours of commuting | 24 | | time to a project or a designated area. | 25 | | (c) When applicable, participants shall receive at least | 26 | | the standard minimum wage as set by the State of Illinois and |
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| 1 | | shall work normal working hours as determined by the | 2 | | Department. The enrollees shall not be classified as employees | 3 | | of the State for purposes of contributions to the State | 4 | | Employees' Retirement System of Illinois or any other public | 5 | | employment retirement system of the State. | 6 | | (d) The Department may enter into contracts, | 7 | | intergovernmental agreements, grants, cooperative agreements, | 8 | | memoranda of understanding, or other instruments as necessary | 9 | | to implement the Youth and Young Adult Conservation Program. | 10 | | The Illinois Procurement Code shall not apply to contracts | 11 | | entered into for the purpose of fulfilling the purposes of | 12 | | this Program with not-for-profit organizations that have a | 13 | | documented commitment to addressing the barriers to employment | 14 | | and education for minority youth and young adults, as | 15 | | determined by the Department. | 16 | | (e) The Department shall adopt administrative rules | 17 | | pertaining to implementation and administration of the Youth | 18 | | and Young Adult Conservation and Education Program. | 19 | | Section 90. The Illinois Procurement Code is amended by | 20 | | changing Section 1-10 as follows: | 21 | | (30 ILCS 500/1-10) | 22 | | Sec. 1-10. Application. | 23 | | (a) This Code applies only to procurements for which | 24 | | bidders, offerors, potential contractors, or contractors were |
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| 1 | | first solicited on or after July 1, 1998. This Code shall not | 2 | | be construed to affect or impair any contract, or any | 3 | | provision of a contract, entered into based on a solicitation | 4 | | prior to the implementation date of this Code as described in | 5 | | Article 99, including, but not limited to, any covenant | 6 | | entered into with respect to any revenue bonds or similar | 7 | | instruments. All procurements for which contracts are | 8 | | solicited between the effective date of Articles 50 and 99 and | 9 | | July 1, 1998 shall be substantially in accordance with this | 10 | | Code and its intent. | 11 | | (b) This Code shall apply regardless of the source of the | 12 | | funds with which the contracts are paid, including federal | 13 | | assistance moneys. This Code shall not apply to: | 14 | | (1) Contracts between the State and its political | 15 | | subdivisions or other governments, or between State | 16 | | governmental bodies, except as specifically provided in | 17 | | this Code. | 18 | | (2) Grants, except for the filing requirements of | 19 | | Section 20-80. | 20 | | (3) Purchase of care, except as provided in Section | 21 | | 5-30.6 of the Illinois Public Aid Code and this Section. | 22 | | (4) Hiring of an individual as an employee and not as | 23 | | an independent contractor, whether pursuant to an | 24 | | employment code or policy or by contract directly with | 25 | | that individual. | 26 | | (5) Collective bargaining contracts. |
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| 1 | | (6) Purchase of real estate, except that notice of | 2 | | this type of contract with a value of more than $25,000 | 3 | | must be published in the Procurement Bulletin within 10 | 4 | | calendar days after the deed is recorded in the county of | 5 | | jurisdiction. The notice shall identify the real estate | 6 | | purchased, the names of all parties to the contract, the | 7 | | value of the contract, and the effective date of the | 8 | | contract. | 9 | | (7) Contracts necessary to prepare for anticipated | 10 | | litigation, enforcement actions, or investigations, | 11 | | provided that the chief legal counsel to the Governor | 12 | | shall give his or her prior approval when the procuring | 13 | | agency is one subject to the jurisdiction of the Governor, | 14 | | and provided that the chief legal counsel of any other | 15 | | procuring entity subject to this Code shall give his or | 16 | | her prior approval when the procuring entity is not one | 17 | | subject to the jurisdiction of the Governor. | 18 | | (8) (Blank). | 19 | | (9) Procurement expenditures by the Illinois | 20 | | Conservation Foundation when only private funds are used. | 21 | | (10) (Blank). | 22 | | (11) Public-private agreements entered into according | 23 | | to the procurement requirements of Section 20 of the | 24 | | Public-Private Partnerships for Transportation Act and | 25 | | design-build agreements entered into according to the | 26 | | procurement requirements of Section 25 of the |
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| 1 | | Public-Private Partnerships for Transportation Act. | 2 | | (12) (A) Contracts for legal, financial, and other | 3 | | professional and artistic services entered into by the | 4 | | Illinois Finance Authority in which the State of Illinois | 5 | | is not obligated. Such contracts shall be awarded through | 6 | | a competitive process authorized by the members of the | 7 | | Illinois Finance Authority and are subject to Sections | 8 | | 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, | 9 | | as well as the final approval by the members of the | 10 | | Illinois Finance Authority of the terms of the contract. | 11 | | (B) Contracts for legal and financial services entered | 12 | | into by the Illinois Housing Development Authority in | 13 | | connection with the issuance of bonds in which the State | 14 | | of Illinois is not obligated. Such contracts shall be | 15 | | awarded through a competitive process authorized by the | 16 | | members of the Illinois Housing Development Authority and | 17 | | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, | 18 | | and 50-37 of this Code, as well as the final approval by | 19 | | the members of the Illinois Housing Development Authority | 20 | | of the terms of the contract. | 21 | | (13) Contracts for services, commodities, and | 22 | | equipment to support the delivery of timely forensic | 23 | | science services in consultation with and subject to the | 24 | | approval of the Chief Procurement Officer as provided in | 25 | | subsection (d) of Section 5-4-3a of the Unified Code of | 26 | | Corrections, except for the requirements of Sections |
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| 1 | | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | 2 | | Code; however, the Chief Procurement Officer may, in | 3 | | writing with justification, waive any certification | 4 | | required under Article 50 of this Code. For any contracts | 5 | | for services which are currently provided by members of a | 6 | | collective bargaining agreement, the applicable terms of | 7 | | the collective bargaining agreement concerning | 8 | | subcontracting shall be followed. | 9 | | On and after January 1, 2019, this paragraph (13), | 10 | | except for this sentence, is inoperative. | 11 | | (14) Contracts for participation expenditures required | 12 | | by a domestic or international trade show or exhibition of | 13 | | an exhibitor, member, or sponsor. | 14 | | (15) Contracts with a railroad or utility that | 15 | | requires the State to reimburse the railroad or utilities | 16 | | for the relocation of utilities for construction or other | 17 | | public purpose. Contracts included within this paragraph | 18 | | (15) shall include, but not be limited to, those | 19 | | associated with: relocations, crossings, installations, | 20 | | and maintenance. For the purposes of this paragraph (15), | 21 | | "railroad" means any form of non-highway ground | 22 | | transportation that runs on rails or electromagnetic | 23 | | guideways and "utility" means: (1) public utilities as | 24 | | defined in Section 3-105 of the Public Utilities Act, (2) | 25 | | telecommunications carriers as defined in Section 13-202 | 26 | | of the Public Utilities Act, (3) electric cooperatives as |
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| 1 | | defined in Section 3.4 of the Electric Supplier Act, (4) | 2 | | telephone or telecommunications cooperatives as defined in | 3 | | Section 13-212 of the Public Utilities Act, (5) rural | 4 | | water or waste water systems with 10,000 connections or | 5 | | less, (6) a holder as defined in Section 21-201 of the | 6 | | Public Utilities Act, and (7) municipalities owning or | 7 | | operating utility systems consisting of public utilities | 8 | | as that term is defined in Section 11-117-2 of the | 9 | | Illinois Municipal Code. | 10 | | (16) Procurement expenditures necessary for the | 11 | | Department of Public Health to provide the delivery of | 12 | | timely newborn screening services in accordance with the | 13 | | Newborn Metabolic Screening Act. | 14 | | (17) Procurement expenditures necessary for the | 15 | | Department of Agriculture, the Department of Financial and | 16 | | Professional Regulation, the Department of Human Services, | 17 | | and the Department of Public Health to implement the | 18 | | Compassionate Use of Medical Cannabis Program and Opioid | 19 | | Alternative Pilot Program requirements and ensure access | 20 | | to medical cannabis for patients with debilitating medical | 21 | | conditions in accordance with the Compassionate Use of | 22 | | Medical Cannabis Program Act. | 23 | | (18) This Code does not apply to any procurements | 24 | | necessary for the Department of Agriculture, the | 25 | | Department of Financial and Professional Regulation, the | 26 | | Department of Human Services, the Department of Commerce |
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| 1 | | and Economic Opportunity, and the Department of Public | 2 | | Health to implement the Cannabis Regulation and Tax Act if | 3 | | the applicable agency has made a good faith determination | 4 | | that it is necessary and appropriate for the expenditure | 5 | | to fall within this exemption and if the process is | 6 | | conducted in a manner substantially in accordance with the | 7 | | requirements of Sections 20-160, 25-60, 30-22, 50-5, | 8 | | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | 9 | | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for | 10 | | Section 50-35, compliance applies only to contracts or | 11 | | subcontracts over $100,000. Notice of each contract | 12 | | entered into under this paragraph (18) that is related to | 13 | | the procurement of goods and services identified in | 14 | | paragraph (1) through (9) of this subsection shall be | 15 | | published in the Procurement Bulletin within 14 calendar | 16 | | days after contract execution. The Chief Procurement | 17 | | Officer shall prescribe the form and content of the | 18 | | notice. Each agency shall provide the Chief Procurement | 19 | | Officer, on a monthly basis, in the form and content | 20 | | prescribed by the Chief Procurement Officer, a report of | 21 | | contracts that are related to the procurement of goods and | 22 | | services identified in this subsection. At a minimum, this | 23 | | report shall include the name of the contractor, a | 24 | | description of the supply or service provided, the total | 25 | | amount of the contract, the term of the contract, and the | 26 | | exception to this Code utilized. A copy of any or all of |
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| 1 | | these contracts shall be made available to the Chief | 2 | | Procurement Officer immediately upon request. The Chief | 3 | | Procurement Officer shall submit a report to the Governor | 4 | | and General Assembly no later than November 1 of each year | 5 | | that includes, at a minimum, an annual summary of the | 6 | | monthly information reported to the Chief Procurement | 7 | | Officer. This exemption becomes inoperative 5 years after | 8 | | June 25, 2019 (the effective date of Public Act 101-27). | 9 | | (19) Acquisition of modifications or adjustments, | 10 | | limited to assistive technology devices and assistive | 11 | | technology services, adaptive equipment, repairs, and | 12 | | replacement parts to provide reasonable accommodations (i) | 13 | | that enable a qualified applicant with a disability to | 14 | | complete the job application process and be considered for | 15 | | the position such qualified applicant desires, (ii) that | 16 | | modify or adjust the work environment to enable a | 17 | | qualified current employee with a disability to perform | 18 | | the essential functions of the position held by that | 19 | | employee, (iii) to enable a qualified current employee | 20 | | with a disability to enjoy equal benefits and privileges | 21 | | of employment as are enjoyed by other similarly situated | 22 | | employees without disabilities, and (iv) that allow a | 23 | | customer, client, claimant, or member of the public | 24 | | seeking State services full use and enjoyment of and | 25 | | access to its programs, services, or benefits. | 26 | | For purposes of this paragraph (19): |
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| 1 | | "Assistive technology devices" means any item, piece | 2 | | of equipment, or product system, whether acquired | 3 | | commercially off the shelf, modified, or customized, that | 4 | | is used to increase, maintain, or improve functional | 5 | | capabilities of individuals with disabilities. | 6 | | "Assistive technology services" means any service that | 7 | | directly assists an individual with a disability in | 8 | | selection, acquisition, or use of an assistive technology | 9 | | device. | 10 | | "Qualified" has the same meaning and use as provided | 11 | | under the federal Americans with Disabilities Act when | 12 | | describing an individual with a disability. | 13 | | (20) Procurement expenditures necessary for the | 14 | | Illinois Commerce Commission to hire third-party | 15 | | facilitators pursuant to Sections 16-105.17 and 16-108.18 | 16 | | of the Public Utilities Act or an ombudsman pursuant to | 17 | | Section 16-107.5 of the Public Utilities Act, a | 18 | | facilitator pursuant to Section 16-105.17 of the Public | 19 | | Utilities Act, or a grid auditor pursuant to Section | 20 | | 16-105.10 of the Public Utilities Act. | 21 | | (21) Procurement expenditures for the purchase, | 22 | | renewal, and expansion of software, software licenses, or | 23 | | software maintenance agreements that support the efforts | 24 | | of the Illinois State Police to enforce, regulate, and | 25 | | administer the Firearm Owners Identification Card Act, the | 26 | | Firearm Concealed Carry Act, the Firearms Restraining |
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| 1 | | Order Act, the Firearm Dealer License Certification Act, | 2 | | the Law Enforcement Agencies Data System (LEADS), the | 3 | | Uniform Crime Reporting Act, the Criminal Identification | 4 | | Act, the Illinois Uniform Conviction Information Act, and | 5 | | the Gun Trafficking Information Act, or establish or | 6 | | maintain record management systems necessary to conduct | 7 | | human trafficking investigations or gun trafficking or | 8 | | other stolen firearm investigations. This paragraph (21) | 9 | | applies to contracts entered into on or after January 10, | 10 | | 2023 (the effective date of Public Act 102-1116) and the | 11 | | renewal of contracts that are in effect on January 10, | 12 | | 2023 (the effective date of Public Act 102-1116). | 13 | | (22) Contracts for project management services and | 14 | | system integration services required for the completion of | 15 | | the State's enterprise resource planning project. This | 16 | | exemption becomes inoperative 5 years after June 7, 2023 | 17 | | (the effective date of the changes made to this Section by | 18 | | Public Act 103-8). This paragraph (22) applies to | 19 | | contracts entered into on or after June 7, 2023 (the | 20 | | effective date of the changes made to this Section by | 21 | | Public Act 103-8) and the renewal of contracts that are in | 22 | | effect on June 7, 2023 (the effective date of the changes | 23 | | made to this Section by Public Act 103-8). | 24 | | (23) Procurements necessary for the Department of | 25 | | Insurance to implement the Illinois Health Benefits | 26 | | Exchange Law if the Department of Insurance has made a |
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| 1 | | good faith determination that it is necessary and | 2 | | appropriate for the expenditure to fall within this | 3 | | exemption. The procurement process shall be conducted in a | 4 | | manner substantially in accordance with the requirements | 5 | | of Sections 20-160 and 25-60 and Article 50 of this Code. A | 6 | | copy of these contracts shall be made available to the | 7 | | Chief Procurement Officer immediately upon request. This | 8 | | paragraph is inoperative 5 years after June 27, 2023 (the | 9 | | effective date of Public Act 103-103). | 10 | | (24) (22) Contracts for public education programming, | 11 | | noncommercial sustaining announcements, public service | 12 | | announcements, and public awareness and education | 13 | | messaging with the nonprofit trade associations of the | 14 | | providers of those services that inform the public on | 15 | | immediate and ongoing health and safety risks and hazards. | 16 | | (25) Contracts that are entered into by the Department | 17 | | of Natural Resources and that are exempt from this Code | 18 | | under subsection (d) of Section 25 of the Youth and Young | 19 | | Adult Conservation Education Act. | 20 | | Notwithstanding any other provision of law, for contracts | 21 | | with an annual value of more than $100,000 entered into on or | 22 | | after October 1, 2017 under an exemption provided in any | 23 | | paragraph of this subsection (b), except paragraph (1), (2), | 24 | | or (5), each State agency shall post to the appropriate | 25 | | procurement bulletin the name of the contractor, a description | 26 | | of the supply or service provided, the total amount of the |
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| 1 | | contract, the term of the contract, and the exception to the | 2 | | Code utilized. The chief procurement officer shall submit a | 3 | | report to the Governor and General Assembly no later than | 4 | | November 1 of each year that shall include, at a minimum, an | 5 | | annual summary of the monthly information reported to the | 6 | | chief procurement officer. | 7 | | (c) This Code does not apply to the electric power | 8 | | procurement process provided for under Section 1-75 of the | 9 | | Illinois Power Agency Act and Section 16-111.5 of the Public | 10 | | Utilities Act. This Code does not apply to the procurement of | 11 | | technical and policy experts pursuant to Section 1-129 of the | 12 | | Illinois Power Agency Act. | 13 | | (d) Except for Section 20-160 and Article 50 of this Code, | 14 | | and as expressly required by Section 9.1 of the Illinois | 15 | | Lottery Law, the provisions of this Code do not apply to the | 16 | | procurement process provided for under Section 9.1 of the | 17 | | Illinois Lottery Law. | 18 | | (e) This Code does not apply to the process used by the | 19 | | Capital Development Board to retain a person or entity to | 20 | | assist the Capital Development Board with its duties related | 21 | | to the determination of costs of a clean coal SNG brownfield | 22 | | facility, as defined by Section 1-10 of the Illinois Power | 23 | | Agency Act, as required in subsection (h-3) of Section 9-220 | 24 | | of the Public Utilities Act, including calculating the range | 25 | | of capital costs, the range of operating and maintenance | 26 | | costs, or the sequestration costs or monitoring the |
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| 1 | | construction of clean coal SNG brownfield facility for the | 2 | | full duration of construction. | 3 | | (f) (Blank). | 4 | | (g) (Blank). | 5 | | (h) This Code does not apply to the process to procure or | 6 | | contracts entered into in accordance with Sections 11-5.2 and | 7 | | 11-5.3 of the Illinois Public Aid Code. | 8 | | (i) Each chief procurement officer may access records | 9 | | necessary to review whether a contract, purchase, or other | 10 | | expenditure is or is not subject to the provisions of this | 11 | | Code, unless such records would be subject to attorney-client | 12 | | privilege. | 13 | | (j) This Code does not apply to the process used by the | 14 | | Capital Development Board to retain an artist or work or works | 15 | | of art as required in Section 14 of the Capital Development | 16 | | Board Act. | 17 | | (k) This Code does not apply to the process to procure | 18 | | contracts, or contracts entered into, by the State Board of | 19 | | Elections or the State Electoral Board for hearing officers | 20 | | appointed pursuant to the Election Code. | 21 | | (l) This Code does not apply to the processes used by the | 22 | | Illinois Student Assistance Commission to procure supplies and | 23 | | services paid for from the private funds of the Illinois | 24 | | Prepaid Tuition Fund. As used in this subsection (l), "private | 25 | | funds" means funds derived from deposits paid into the | 26 | | Illinois Prepaid Tuition Trust Fund and the earnings thereon. |
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| 1 | | (m) This Code shall apply regardless of the source of | 2 | | funds with which contracts are paid, including federal | 3 | | assistance moneys. Except as specifically provided in this | 4 | | Code, this Code shall not apply to procurement expenditures | 5 | | necessary for the Department of Public Health to conduct the | 6 | | Healthy Illinois Survey in accordance with Section 2310-431 of | 7 | | the Department of Public Health Powers and Duties Law of the | 8 | | Civil Administrative Code of Illinois. | 9 | | (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; | 10 | | 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. | 11 | | 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; | 12 | | 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. | 13 | | 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised | 14 | | 1-2-24.) |
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