Full Text of HB1038 94th General Assembly
HB1038eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning open meetings.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Open Meetings Act is amended by changing | 5 |
| Sections
1.02, 2.01, 2.05, and 2.06 and by adding Section 7 as | 6 |
| follows:
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| (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
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| Sec. 1.02. For the purposes of this Act:
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| "Meeting" means any gathering , whether in person or by | 10 |
| video or audio conference, telephone call, electronic means | 11 |
| (such as, without limitation, electronic mail, electronic | 12 |
| chat, and instant messaging), or other means of interactive | 13 |
| communication, of a majority of a quorum of the members of a
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| public body held for the purpose of discussing public
business.
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| "Public body" includes all legislative, executive, | 16 |
| administrative or advisory
bodies of the State, counties, | 17 |
| townships, cities, villages, incorporated
towns, school | 18 |
| districts and all other municipal corporations, boards, | 19 |
| bureaus,
committees or commissions of this State, and any | 20 |
| subsidiary bodies of any
of the foregoing including but not | 21 |
| limited to committees and subcommittees
which are supported in | 22 |
| whole or in part by tax revenue, or which expend tax
revenue, | 23 |
| except the General Assembly and committees or commissions | 24 |
| thereof.
"Public body" includes tourism boards and convention | 25 |
| or civic center
boards located in counties that are contiguous | 26 |
| to the Mississippi River with
populations of more than 250,000 | 27 |
| but less than 300,000. "Public body"
includes the Health | 28 |
| Facilities Planning Board. "Public body" does not
include a | 29 |
| child death review team or the Illinois Child Death Review | 30 |
| Teams
Executive Council established under
the Child Death | 31 |
| Review Team Act or an ethics commission acting under the State | 32 |
| Officials and
Employees Ethics Act.
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| (Source: P.A. 92-468, eff. 8-22-01; 93-617, eff. 12-9-03.)
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| (5 ILCS 120/2.01) (from Ch. 102, par. 42.01)
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| Sec. 2.01. All meetings required by this Act to be public | 4 |
| shall be held at
specified times and places which are | 5 |
| convenient and open
to the public. No meeting
required by this | 6 |
| Act to be public shall be held on a legal holiday unless
the | 7 |
| regular meeting day falls on that holiday.
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| A quorum of members of a public body must be physically | 9 |
| present at the location of an open meeting. Other members who | 10 |
| are not physically present at the open meeting may participate | 11 |
| in the meeting and vote on all matters, if they are voting | 12 |
| members, by means of a video or audio conference; provided, | 13 |
| however, that the requirement that a quorum be physically | 14 |
| present at the location of an open meeting shall not apply to | 15 |
| State advisory boards or bodies that do not have authority to | 16 |
| make binding recommendations or determinations or to take any | 17 |
| other substantive action.
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| (Source: P.A. 88-621, eff. 1-1-95.)
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| (5 ILCS 120/2.05) (from Ch. 102, par. 42.05)
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| Sec. 2.05. Recording meetings.
Subject to the provisions of | 21 |
| Section
8-701 of the Code of Civil Procedure
"An Act in | 22 |
| relation
to the rights of witnesses at proceedings conducted by | 23 |
| a court,
commission, administrative agency or other tribunal in | 24 |
| this
State which are televised or broadcast or at which motion
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| pictures are taken", approved July 14, 1953, as amended , any | 26 |
| person may
record the
proceedings at meetings required to be | 27 |
| open by this Act by tape, film or
other means. The authority
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| holding the meeting shall prescribe reasonable rules to govern
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| the right to make such recordings.
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| If a witness at any meeting required to be open by this Act
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| which is conducted by a commission, administrative agency or
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| other tribunal, refuses to testify on the grounds that he may
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| not be compelled to testify if any portion of his testimony is
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| to be broadcast or televised or if motion pictures are to be
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| taken of him while he is testifying, the authority holding the
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| meeting shall prohibit such recording during the testimony of
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| the witness. Nothing in this Section shall be construed to
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| extend the right to refuse to testify at any meeting not
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| subject to the provisions of Section 8-701 of the Code of Civil | 6 |
| Procedure
"An Act in relation to the rights
of witnesses at | 7 |
| proceedings conducted by a court, commission,
administrative | 8 |
| agency or other tribunal in this State which are
televised or | 9 |
| broadcast or at which motion pictures are taken",
approved July | 10 |
| 14, 1953, as amended .
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| (Source: P.A. 82-378.)
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| (5 ILCS 120/2.06) (from Ch. 102, par. 42.06)
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| Sec. 2.06. Minutes.
(a) All public bodies shall keep | 14 |
| written minutes of all their
meetings, whether open or closed,
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| and a verbatim
record of all their closed meetings in the form | 16 |
| of an audio or video recording.
Minutes
shall include, but need | 17 |
| not be limited to:
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| (1) the date, time and place of the meeting;
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| (2) the members of the public body recorded as either | 20 |
| present or absent and whether the members were physically | 21 |
| present or present by means of video or audio conference ;
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| and
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| (3) a summary of discussion on all matters proposed, | 24 |
| deliberated,
or decided, and a record of any votes taken.
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| (b) The minutes of meetings open to the public shall be | 26 |
| available for
public inspection within 7 days of the approval | 27 |
| of such minutes by the public
body.
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| (c) The verbatim record may be destroyed without | 29 |
| notification to or the
approval of a records commission or the | 30 |
| State Archivist under the Local Records
Act or the State | 31 |
| Records Act no less than 18 months after the completion of the
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| meeting recorded but only after:
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| (1) the public body
approves the destruction of a | 34 |
| particular recording; and
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| (2) the public body approves minutes of the closed |
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| meeting that meet the
written minutes requirements of | 2 |
| subsection (a) of this Section.
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| (d) Each public body shall periodically, but no less than
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| semi-annually,
meet to review minutes of all closed meetings. | 5 |
| At such
meetings a determination shall be made, and reported in | 6 |
| an open session that
(1) the need for confidentiality still | 7 |
| exists as to all or part of those
minutes or (2) that the | 8 |
| minutes or portions thereof no
longer require
confidential
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| treatment and are available for public inspection.
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| (e) Unless the public body has made a determination that | 11 |
| the verbatim
recording no longer requires confidential | 12 |
| treatment or otherwise consents to
disclosure, the verbatim | 13 |
| record of a meeting closed to the public shall not be
open for | 14 |
| public inspection or subject to discovery in any administrative
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| or judicial proceeding other than one brought to enforce this | 16 |
| Act. In the case of a civil
action brought to enforce this Act, | 17 |
| the court, if the judge believes such an examination is | 18 |
| necessary, must conduct such in camera
examination of the | 19 |
| verbatim record as it finds appropriate in order to
determine | 20 |
| whether there has been a violation of this Act. In the case of | 21 |
| a
criminal proceeding, the court may conduct an
examination in | 22 |
| order to
determine what portions, if any, must be made | 23 |
| available to the parties for use
as evidence in the | 24 |
| prosecution. Any such initial inspection must be held in | 25 |
| camera. If the court
determines that a complaint or suit | 26 |
| brought for noncompliance under this Act
is valid it may, for | 27 |
| the purposes of discovery, redact from the minutes of the
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| meeting closed to the public any information deemed to qualify | 29 |
| under the
attorney-client privilege. The provisions of this | 30 |
| subsection do not supersede
the privacy or confidentiality | 31 |
| provisions of State or federal law.
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| (f) Minutes of meetings closed to the public shall be | 33 |
| available only after
the public body determines that it is no | 34 |
| longer necessary to protect the public
interest or the privacy | 35 |
| of an individual by keeping them confidential.
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| (Source: P.A. 93-523, eff. 1-1-04; 93-974, eff. 1-1-05.)
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| (5 ILCS 120/7 new)
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| Sec. 7. Attendance by a means other than physical presence.
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| (a) If a
quorum of the members of the public body is | 4 |
| physically present at the place
designated in the notice of the | 5 |
| meeting, a majority of the public body may allow a member of | 6 |
| that body to attend the meeting by other means if the member is | 7 |
| prevented from physically
attending because of: (i) personal | 8 |
| illness or disability; (ii) employment purposes or
the
business | 9 |
| of the public body; or (iii) a family or other emergency.
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| "Other means" is by video or audio conference.
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| (b) If a member wishes to attend a meeting by other means, | 12 |
| the
member must notify the
recording secretary or clerk of the
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| public body before the meeting unless
advance notice is | 14 |
| impractical.
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| (c) A majority of the public body may allow a member to | 16 |
| attend a meeting by other means only in accordance with and to | 17 |
| the extent allowed by rules adopted by the public body. The | 18 |
| rules must conform to the requirements and restrictions of this | 19 |
| Section, may further limit the extent to which attendance by | 20 |
| other means is allowed, and may provide for the giving of | 21 |
| additional notice to the public or further facilitate public | 22 |
| access to meetings.
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| (d) The limitations of this Section shall not apply to | 24 |
| State advisory boards or bodies that do not have authority to | 25 |
| make binding recommendations or determinations or to take any | 26 |
| other substantive action. State advisory boards or bodies, | 27 |
| however, may permit members to attend meetings by other means | 28 |
| only in accordance with and to the extent allowed by specific | 29 |
| procedural rules adopted by the body.
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| Section 10. The Environmental Protection Act is amended by | 31 |
| changing Section 5 as follows:
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| (415 ILCS 5/5) (from Ch. 111 1/2, par. 1005)
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| Sec. 5. Pollution Control Board.
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| (a) There is hereby created an independent board to be | 2 |
| known as the
Pollution Control Board.
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| Until July 1, 2003 or when all of the new members to be | 4 |
| initially
appointed under this amendatory Act of the 93rd | 5 |
| General Assembly have been
appointed by the Governor, whichever | 6 |
| occurs later,
the Board shall consist of 7 technically | 7 |
| qualified members,
no more than 4 of whom may be of the same | 8 |
| political party, to be appointed
by the Governor with the | 9 |
| advice and consent of the Senate.
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| The term of each appointed member of the Board
who is in | 11 |
| office on June 30, 2003 shall terminate at the close of | 12 |
| business
on that date or when all of the new members to be | 13 |
| initially appointed under
this amendatory Act of the 93rd | 14 |
| General Assembly have been appointed by the
Governor, whichever | 15 |
| occurs later.
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| Beginning on July 1, 2003 or when all of the new members to | 17 |
| be initially
appointed under this amendatory Act of the 93rd | 18 |
| General Assembly have been
appointed by the Governor, whichever | 19 |
| occurs later, the Board shall consist
of 5 technically | 20 |
| qualified members, no more than 3 of whom may be of the same
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| political party, to be appointed by the Governor with the | 22 |
| advice and consent
of the Senate. Members shall have verifiable | 23 |
| technical, academic, or actual
experience in the field of | 24 |
| pollution control or environmental law and
regulation.
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| Of the members initially appointed pursuant to this | 26 |
| amendatory Act of the
93rd General Assembly, one shall be | 27 |
| appointed for a term ending July 1, 2004,
2 shall be appointed | 28 |
| for terms ending July 1, 2005, and 2 shall be appointed
for | 29 |
| terms ending July 1, 2006. Thereafter, all members shall hold | 30 |
| office for
3 years from the first day of July in the year in | 31 |
| which they were appointed,
except in case of an appointment to | 32 |
| fill a vacancy. In case of a vacancy in
the office when the | 33 |
| Senate is not in session, the Governor may make a temporary
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| appointment until the next meeting of the Senate, when he or | 35 |
| she shall
nominate some person to fill such office; and any | 36 |
| person so nominated, who is
confirmed by the Senate, shall hold |
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| the office during the remainder of the
term.
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| Members of the Board shall hold office until their | 3 |
| respective successors
have been appointed and qualified. Any | 4 |
| member may resign from office, such
resignation to take effect | 5 |
| when a successor has been appointed and has
qualified.
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| Board members shall be paid $37,000 per year or an amount | 7 |
| set by the
Compensation Review Board, whichever is greater, and | 8 |
| the Chairman shall
be paid $43,000 per year or an amount set by | 9 |
| the Compensation Review Board,
whichever is greater. Each | 10 |
| member shall devote his or her entire time to the
duties of the | 11 |
| office, and shall hold no other office or position of profit, | 12 |
| nor
engage in any other business, employment, or vocation. Each | 13 |
| member shall be
reimbursed for expenses necessarily incurred | 14 |
| and shall make a financial disclosure upon
appointment.
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| Each Board member may employ one secretary and one | 16 |
| assistant, and the
Chairman one secretary and 2 assistants. The | 17 |
| Board also may employ and
compensate hearing officers to | 18 |
| preside at hearings under this Act, and such
other personnel as | 19 |
| may be necessary. Hearing officers shall be attorneys
licensed | 20 |
| to practice law in Illinois.
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| The Board may have an Executive Director; if so, the | 22 |
| Executive Director
shall be appointed by the Governor with the | 23 |
| advice and consent of the Senate.
The salary and duties of the | 24 |
| Executive Director shall be fixed by the Board.
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| The Governor shall designate one Board member to be | 26 |
| Chairman, who
shall serve at the pleasure of the Governor.
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| The Board shall hold at least one meeting each month and | 28 |
| such
additional meetings as may be prescribed by Board rules. | 29 |
| In addition,
special meetings may be called by the Chairman or | 30 |
| by any 2 Board
members, upon delivery of 24 hours written | 31 |
| notice to the office of each
member. All Board meetings shall | 32 |
| be open to the public, and public
notice of all meetings shall | 33 |
| be given at least 24 hours in
advance of each meeting. In | 34 |
| emergency situations in which a majority of
the Board certifies | 35 |
| that exigencies of time require the requirements of
public | 36 |
| notice and of 24 hour written notice to members may be
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| dispensed with, and Board members shall receive such notice as | 2 |
| is
reasonable under the circumstances.
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| If there is no vacancy on the Board, 3
4 members of the | 4 |
| Board shall
constitute a quorum to transact business; | 5 |
| otherwise, a majority of the
Board shall constitute a quorum to | 6 |
| transact business, and no vacancy
shall impair the right of the | 7 |
| remaining members to exercise all of the
powers of the Board. | 8 |
| Every action approved by a majority of the members
of the Board | 9 |
| shall be deemed to be the action of the Board. The Board shall | 10 |
| keep a complete and accurate record of all its
meetings.
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| (b) The Board shall determine, define and implement the
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| environmental control standards applicable in the State of | 13 |
| Illinois and
may adopt rules and regulations in accordance with | 14 |
| Title VII of this Act.
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| (c) The Board shall have authority to act for the State in | 16 |
| regard to
the adoption of standards for submission to the | 17 |
| United States under any
federal law respecting environmental | 18 |
| protection. Such standards shall be
adopted in accordance with | 19 |
| Title VII of the Act and upon adoption shall
be forwarded to | 20 |
| the Environmental Protection Agency for submission to
the | 21 |
| United States pursuant to subsections (l) and (m) of Section 4 | 22 |
| of this
Act. Nothing in this paragraph shall limit the | 23 |
| discretion of the Governor to
delegate authority granted to the | 24 |
| Governor under any federal law.
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| (d) The Board shall have authority to conduct proceedings
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| upon complaints charging violations of this Act, any rule or | 27 |
| regulation
adopted under this Act, any permit or term or | 28 |
| condition of a permit, or any
Board order; upon
administrative | 29 |
| citations; upon petitions for variances or adjusted standards;
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| upon petitions for review of the Agency's final determinations | 31 |
| on permit
applications in accordance with Title X of this Act; | 32 |
| upon petitions to remove
seals under Section 34 of this Act; | 33 |
| and upon other petitions for review of
final determinations | 34 |
| which are made pursuant to this Act or Board rule and
which | 35 |
| involve a subject which the Board is authorized to regulate. | 36 |
| The Board
may also conduct other proceedings as may be provided |
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| by this Act or any other
statute or rule.
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| (e) In connection with any proceeding pursuant to
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| subsection (b) or (d) of this Section, the Board may
subpoena | 4 |
| and compel the attendance of witnesses and the production of | 5 |
| evidence
reasonably necessary to resolution of the matter under | 6 |
| consideration. The
Board shall issue such subpoenas upon the | 7 |
| request of any party to a proceeding
under subsection (d) of | 8 |
| this Section or upon its own motion.
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| (f) The Board may prescribe reasonable fees for permits | 10 |
| required
pursuant to this Act. Such fees in the aggregate may | 11 |
| not exceed the total
cost to the Agency for its inspection and | 12 |
| permit systems. The Board may not
prescribe any permit fees | 13 |
| which are different in amount from those established
by this | 14 |
| Act.
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| (Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03; | 16 |
| 93-509, eff.
8-11-03; revised 9-11-03.)
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