Bill Text: IL SB4014 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the State Officials and Employees Ethics Act. Modifies requirements concerning the Legislative Ethics Commission and Commissioners thereof. Modifies requirements concerning the jurisdiction of the Legislative Inspector General. Modifies the duties of the Legislative Ethics Commission. Removes a provision requiring the Legislative Inspector General to obtain advance approval of the Commission to issue subpoenas. Makes conforming changes. Effective immediately.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB4014 Detail]

Download: Illinois-2019-SB4014-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB4014

Introduced 1/4/2021, by Sen. John F. Curran - Dan McConchie - Dale A. Righter - Jil Tracy, Paul Schimpf, et al.

SYNOPSIS AS INTRODUCED:
5 ILCS 430/25-5
5 ILCS 430/25-10
5 ILCS 430/25-15
5 ILCS 430/25-20

Amends the State Officials and Employees Ethics Act. Modifies requirements concerning the Legislative Ethics Commission and Commissioners thereof. Modifies requirements concerning the jurisdiction of the Legislative Inspector General. Modifies the duties of the Legislative Ethics Commission. Removes a provision requiring the Legislative Inspector General to obtain advance approval of the Commission to issue subpoenas. Makes conforming changes. Effective immediately.
LRB101 22330 RJF 73373 b

A BILL FOR

SB4014LRB101 22330 RJF 73373 b
1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 10. The State Officials and Employees Ethics Act is
5amended by changing Sections 25-5, 25-10, 25-15, and 25-20 as
6follows:
7 (5 ILCS 430/25-5)
8 Sec. 25-5. Legislative Ethics Commission.
9 (a) The Legislative Ethics Commission is created.
10 (b) The Legislative Ethics Commission shall consist of 8
11commissioners appointed 2 each by the President and Minority
12Leader of the Senate and the Speaker and Minority Leader of the
13House of Representatives.
14 The terms of the initial commissioners shall commence upon
15qualification. Each appointing authority shall designate one
16appointee who shall serve for a 2-year term running through
17June 30, 2005. Each appointing authority shall designate one
18appointee who shall serve for a 4-year term running through
19June 30, 2007. The initial appointments shall be made within 60
20days after the effective date of this Act.
21 After the initial terms, commissioners shall serve for
224-year terms commencing on July 1 of the year of appointment
23and running through June 30 of the fourth following year.

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1Commissioners may be reappointed to one or more subsequent
2terms.
3 Vacancies occurring other than at the end of a term shall
4be filled by the appointing authority only for the balance of
5the term of the commissioner whose office is vacant.
6 Terms shall run regardless of whether the position is
7filled.
8 (c) The appointing authorities shall appoint commissioners
9from the general public who have experience holding
10governmental office or employment. A person is not eligible to
11serve as a commissioner if that person (i) has been convicted
12of a felony or a crime of dishonesty or moral turpitude; (ii)
13is, or was within the preceding 10 years, engaged in activities
14that require registration under the Lobbyist Registration Act;
15(iii) is related to the appointing authority; (iv) is or has
16been within the preceding 10 years a State officer, a State
17employee, or an employee or member of the General Assembly; or
18(v) holds a partisan elected or political party office, or is
19otherwise an officer or employee of a political committee or
20political campaign. The appointing authorities shall appoint
21commissioners who have experience holding governmental office
22or employment and may appoint commissioners who are members of
23the General Assembly as well as commissioners from the general
24public. A commissioner who is a member of the General Assembly
25must recuse himself or herself from participating in any matter
26relating to any investigation or proceeding in which he or she

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1is the subject or is a complainant. A person is not eligible to
2serve as a commissioner if that person (i) has been convicted
3of a felony or a crime of dishonesty or moral turpitude, (ii)
4is, or was within the preceding 12 months, engaged in
5activities that require registration under the Lobbyist
6Registration Act, (iii) is a relative of the appointing
7authority, (iv) is a State officer or employee other than a
8member of the General Assembly, or (v) is a candidate for
9statewide office, federal office, or judicial office.
10 (c-5) If a commissioner is required to recuse himself or
11herself from participating in a matter as provided in
12subsection (c), the recusal shall create a temporary vacancy
13for the limited purpose of consideration of the matter for
14which the commissioner recused himself or herself, and the
15appointing authority for the recusing commissioner shall make a
16temporary appointment to fill the vacancy for consideration of
17the matter for which the commissioner recused himself or
18herself.
19 (d) The Legislative Ethics Commission shall have
20jurisdiction over current and former members of the General
21Assembly regarding events occurring during a member's term of
22office and current and former State employees regarding events
23occurring during any period of employment where the State
24employee's ultimate jurisdictional authority is (i) a
25legislative leader, (ii) the Senate Operations Commission, or
26(iii) the Joint Committee on Legislative Support Services. The

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1Legislative Ethics Commission shall have jurisdiction over
2complainants and respondents in violation of subsection (d) of
3Section 25-90. The jurisdiction of the Commission is limited to
4matters arising under this Act and the Illinois Governmental
5Ethics Act.
6 An officer or executive branch State employee serving on a
7legislative branch board or commission remains subject to the
8jurisdiction of the Executive Ethics Commission and is not
9subject to the jurisdiction of the Legislative Ethics
10Commission.
11 (e) The Legislative Ethics Commission must meet, either in
12person or by other technological means, monthly or as often as
13necessary. At the first meeting of the Legislative Ethics
14Commission, the commissioners shall choose from their number a
15chairperson and other officers that they deem appropriate. The
16terms of officers shall be for 2 years commencing July 1 and
17running through June 30 of the second following year. Meetings
18shall be held at the call of the chairperson or any 3
19commissioners. Official action by the Commission shall require
20the affirmative vote of 5 commissioners, and a quorum shall
21consist of 5 commissioners. Commissioners shall receive no
22compensation but may be reimbursed for their reasonable
23expenses actually incurred in the performance of their duties.
24 (f) No commissioner, other than a commissioner who is a
25member of the General Assembly, or employee of the Legislative
26Ethics Commission may during his or her term of appointment or

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1employment:
2 (1) become a candidate for any elective office;
3 (2) hold any other elected or appointed public office
4 except for appointments on governmental advisory boards or
5 study commissions or as otherwise expressly authorized by
6 law;
7 (3) be actively involved in the affairs of any
8 political party, or political organization, political
9 committee, or political campaign; or
10 (4) advocate for the appointment of another person to
11 an appointed or elected office or position or actively
12 participate in any campaign for any elective office.
13 (f-5) No commissioner who is a member of the General
14Assembly may be a candidate for statewide office, federal
15office, or judicial office. If a commissioner who is a member
16of the General Assembly files petitions to be a candidate for a
17statewide office, federal office, or judicial office, he or she
18shall be deemed to have resigned from his or her position as a
19commissioner on the date his or her name is certified for the
20ballot by the State Board of Elections or local election
21authority and his or her position as a commissioner shall be
22deemed vacant. Such person may not be reappointed to the
23Commission during any time he or she is a candidate for
24statewide office, federal office, or judicial office.
25 (g) An appointing authority may remove a commissioner only
26for cause.

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1 (h) The Legislative Ethics Commission shall appoint an
2Executive Director subject to the approval of at least 3 of the
34 legislative leaders. The compensation of the Executive
4Director shall be as determined by the Commission. The
5Executive Director of the Legislative Ethics Commission may
6employ, subject to the approval of at least 3 of the 4
7legislative leaders, and determine the compensation of staff,
8as appropriations permit.
9 (i) In consultation with the Legislative Inspector
10General, the Legislative Ethics Commission may develop
11comprehensive training for members and employees under its
12jurisdiction that includes, but is not limited to, sexual
13harassment, employment discrimination, and workplace civility.
14The training may be recommended to the ultimate jurisdictional
15authorities and may be approved by the Commission to satisfy
16the sexual harassment training required under Section 5-10.5 or
17be provided in addition to the annual sexual harassment
18training required under Section 5-10.5. The Commission may seek
19input from governmental agencies or private entities for
20guidance in developing such training.
21(Source: P.A. 100-588, eff. 6-8-18; 101-81, eff. 7-12-19;
22101-221, eff. 8-9-19; 101-617, eff. 12-20-19.)
23 (5 ILCS 430/25-10)
24 Sec. 25-10. Office of Legislative Inspector General.
25 (a) The independent Office of the Legislative Inspector

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1General is created. The Office shall be under the direction and
2supervision of the Legislative Inspector General and shall be a
3fully independent office with its own appropriation.
4 (b) The Legislative Inspector General shall be appointed
5without regard to political affiliation and solely on the basis
6of integrity and demonstrated ability. The Legislative Ethics
7Commission shall diligently search out qualified candidates
8for Legislative Inspector General and shall make
9recommendations to the General Assembly. The Legislative
10Inspector General may serve in a full-time, part-time, or
11contractual capacity.
12 The Legislative Inspector General shall be appointed by a
13joint resolution of the Senate and the House of
14Representatives, which may specify the date on which the
15appointment takes effect. A joint resolution, or other document
16as may be specified by the Joint Rules of the General Assembly,
17appointing the Legislative Inspector General must be certified
18by the Speaker of the House of Representatives and the
19President of the Senate as having been adopted by the
20affirmative vote of three-fifths of the members elected to each
21house, respectively, and be filed with the Secretary of State.
22The appointment of the Legislative Inspector General takes
23effect on the day the appointment is completed by the General
24Assembly, unless the appointment specifies a later date on
25which it is to become effective.
26 The Legislative Inspector General shall have the following

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1qualifications:
2 (1) has not been convicted of any felony under the laws
3 of this State, another state, or the United States;
4 (2) has earned a baccalaureate degree from an
5 institution of higher education; and
6 (3) has 5 or more years of cumulative service (A) with
7 a federal, State, or local law enforcement agency, at least
8 2 years of which have been in a progressive investigatory
9 capacity; (B) as a federal, State, or local prosecutor; (C)
10 as a senior manager or executive of a federal, State, or
11 local agency; (D) as a member, an officer, or a State or
12 federal judge; or (E) representing any combination of items
13 (A) through (D).
14 The Legislative Inspector General may not be a relative of
15a commissioner.
16 The term of the initial Legislative Inspector General shall
17commence upon qualification and shall run through June 30,
182008.
19 After the initial term, the Legislative Inspector General
20shall serve for 5-year terms commencing on July 1 of the year
21of appointment and running through June 30 of the fifth
22following year. The Legislative Inspector General may be
23reappointed to one or more subsequent terms. Terms shall run
24regardless of whether the position is filled.
25 (b-5) A vacancy occurring other than at the end of a term
26shall be filled in the same manner as an appointment only for

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1the balance of the term of the Legislative Inspector General
2whose office is vacant. Within 7 days of the Office becoming
3vacant or receipt of a Legislative Inspector General's
4prospective resignation, the vacancy shall be publicly posted
5on the Commission's website, along with a description of the
6requirements for the position and where applicants may apply.
7 Within 45 days of the vacancy, the Commission shall
8designate an Acting Legislative Inspector General who shall
9serve until the vacancy is filled. The Commission shall file
10the designation in writing with the Secretary of State.
11 Within 60 days prior to the end of the term of the
12Legislative Inspector General or within 30 days of the
13occurrence of a vacancy in the Office of the Legislative
14Inspector General, the Legislative Ethics Commission shall
15establish a four-member search committee within the Commission
16for the purpose of conducting a search for qualified candidates
17to serve as Legislative Inspector General. The Speaker of the
18House of Representatives, Minority Leader of the House, Senate
19President, and Minority Leader of the Senate shall each appoint
20one member to the search committee. A member of the search
21committee shall be either a retired judge or former prosecutor
22and may not be a member or employee of the General Assembly or
23a registered lobbyist. If the Legislative Ethics Commission
24wishes to recommend that the Legislative Inspector General be
25re-appointed, a search committee does not need to be appointed.
26 The search committee shall conduct a search for qualified

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1candidates, accept applications, and conduct interviews. The
2search committee shall recommend up to 3 candidates for
3Legislative Inspector General to the Legislative Ethics
4Commission. The search committee shall be disbanded upon an
5appointment of the Legislative Inspector General. Members of
6the search committee are not entitled to compensation but shall
7be entitled to reimbursement of reasonable expenses incurred in
8connection with the performance of their duties.
9 Within 30 days after June 8, 2018 (the effective date of
10Public Act 100-588) this amendatory Act of the 100th General
11Assembly, the Legislative Ethics Commission shall create a
12search committee in the manner provided for in this subsection
13to recommend up to 3 candidates for Legislative Inspector
14General to the Legislative Ethics Commission by October 31,
152018.
16 If a vacancy exists and the Commission has not appointed an
17Acting Legislative Inspector General, either the staff of the
18Office of the Legislative Inspector General, or if there is no
19staff, the Executive Director, shall advise the Commission of
20all open investigations and any new allegations or complaints
21received in the Office of the Inspector General. These reports
22shall not include the name of any person identified in the
23allegation or complaint, including, but not limited to, the
24subject of and the person filing the allegation or complaint.
25Notification shall be made to the Commission on a weekly basis
26unless the Commission approves of a different reporting

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1schedule.
2 If the Office of the Inspector General is vacant for 6
3months or more beginning on or after January 1, 2019, and the
4Legislative Ethics Commission has not appointed an Acting
5Legislative Inspector General, all complaints made to the
6Legislative Inspector General or the Legislative Ethics
7Commission shall be directed to the Inspector General for the
8Auditor General, and he or she shall have the authority to act
9as provided in subsection (c) of this Section and Section 25-20
10of this Act, and shall be subject to all laws and rules
11governing a Legislative Inspector General or Acting
12Legislative Inspector General. The authority for the Inspector
13General of the Auditor General under this paragraph shall
14terminate upon appointment of a Legislative Inspector General
15or an Acting Legislative Inspector General.
16 (c) The Legislative Inspector General shall have
17jurisdiction over the current and former members of the General
18Assembly regarding events occurring during a member's term of
19office and current and former State employees regarding events
20occurring during any period of employment where the State
21employee's ultimate jurisdictional authority is (i) a
22legislative leader, (ii) the Senate Operations Commission, or
23(iii) the Joint Committee on Legislative Support Services.
24 The jurisdiction of each Legislative Inspector General is
25to investigate allegations of fraud, waste, abuse,
26mismanagement, misconduct, nonfeasance, misfeasance, or

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1malfeasance related to government service or employment, or
2violations of this Act or violations of other related laws and
3rules regarding events that are related to a person's
4government service or employment.
5 The Legislative Inspector General shall have jurisdiction
6over complainants in violation of subsection (e) of Section
725-63 of this Act.
8 (d) The compensation of the Legislative Inspector General
9shall be the greater of an amount (i) determined (i) by the
10Commission or (ii) by joint resolution of the General Assembly
11passed by a majority of members elected in each chamber.
12Subject to Section 25-45 of this Act, the Legislative Inspector
13General has full authority to organize the Office of the
14Legislative Inspector General, including the employment and
15determination of the compensation of staff, such as deputies,
16assistants, and other employees, as appropriations permit.
17Employment of staff is subject to the approval of at least 3 of
18the 4 legislative leaders.
19 (e) No Legislative Inspector General or employee of the
20Office of the Legislative Inspector General may, during his or
21her term of appointment or employment:
22 (1) become a candidate for any elective office;
23 (2) hold any other elected or appointed public office
24 except for appointments on governmental advisory boards or
25 study commissions or as otherwise expressly authorized by
26 law;

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1 (3) be actively involved in the affairs of any
2 political party or political organization; or
3 (4) actively participate in any campaign for any
4 elective office.
5 A full-time Legislative Inspector General shall not engage
6in the practice of law or any other business, employment, or
7vocation.
8 In this subsection an appointed public office means a
9position authorized by law that is filled by an appointing
10authority as provided by law and does not include employment by
11hiring in the ordinary course of business.
12 (e-1) No Legislative Inspector General or employee of the
13Office of the Legislative Inspector General may, for one year
14after the termination of his or her appointment or employment:
15 (1) become a candidate for any elective office;
16 (2) hold any elected public office; or
17 (3) hold any appointed State, county, or local judicial
18 office.
19 (e-2) The requirements of item (3) of subsection (e-1) may
20be waived by the Legislative Ethics Commission.
21 (f) The Commission may remove the Legislative Inspector
22General only for cause. At the time of the removal, the
23Commission must report to the General Assembly the
24justification for the removal.
25(Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19;
26revised 9-12-19.)

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1 (5 ILCS 430/25-15)
2 Sec. 25-15. Duties of the Legislative Ethics Commission.
3In addition to duties otherwise assigned by law, the
4Legislative Ethics Commission shall have the following duties:
5 (1) To promulgate rules governing the performance of
6 its duties and the exercise of its powers and governing the
7 investigations of the Legislative Inspector General;
8 except that, the Legislative Ethics Commission shall adopt
9 no rule requiring the Legislative Inspector General to seek
10 the Commission's advance approval before commencing any
11 investigation authorized under this Article or issuing a
12 subpoena under this Article. Any existing rule, as of the
13 effective date of this amendatory Act of the 101st General
14 Assembly, requiring the Legislative Inspector General to
15 seek the Commission's advance approval before commencing
16 any investigation or issuing a subpoena is void. The rules
17 shall be available on the Commission's website and any
18 proposed changes to the rules must be made available to the
19 public on the Commission's website no less than 7 days
20 before the adoption of the changes. Any person shall be
21 given an opportunity to provide written or oral testimony
22 before the Commission in support of or opposition to
23 proposed rules.
24 (2) To conduct administrative hearings and rule on
25 matters brought before the Commission only upon the receipt

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1 of pleadings filed by the Legislative Inspector General and
2 not upon its own prerogative, but may appoint special
3 Legislative Inspectors General as provided in Section
4 25-21. Any other allegations of misconduct received by the
5 Commission from a person other than the Legislative
6 Inspector General shall be referred to the Office of the
7 Legislative Inspector General.
8 (3) To prepare and publish manuals and guides and,
9 working with the Office of the Attorney General, oversee
10 training of employees under its jurisdiction that explains
11 their duties.
12 (4) To prepare public information materials to
13 facilitate compliance, implementation, and enforcement of
14 this Act.
15 (5) To submit reports as required by this Act.
16 (6) To the extent authorized by this Act, to make
17 rulings, issue recommendations, and impose administrative
18 fines, if appropriate, in connection with the
19 implementation and interpretation of this Act. The powers
20 and duties of the Commission are limited to matters clearly
21 within the purview of this Act.
22 (7) To issue subpoenas with respect to matters pending
23 before the Commission, subject to the provisions of this
24 Article and in the discretion of the Commission, to compel
25 the attendance of witnesses for purposes of testimony and
26 the production of documents and other items for inspection

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1 and copying.
2 (8) To appoint special Legislative Inspectors General
3 as provided in Section 25-21.
4 (9) To conspicuously display on the Commission's
5 website the procedures for reporting a violation of this
6 Act, including how to report violations via email or
7 online.
8 (10) To conspicuously display on the Commission's
9 website any vacancies within the Office of the Legislative
10 Inspector General.
11 (11) To appoint an Acting Legislative Inspector
12 General in the event of a vacancy in the Office of the
13 Legislative Inspector General.
14(Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)
15 (5 ILCS 430/25-20)
16 Sec. 25-20. Duties of the Legislative Inspector General.
17In addition to duties otherwise assigned by law, the
18Legislative Inspector General shall have the following duties:
19 (1) To receive and investigate allegations of
20 violations of this Act. Except as otherwise provided in
21 paragraph (1.5), an investigation may not be initiated more
22 than one year after the most recent act of the alleged
23 violation or of a series of alleged violations except where
24 there is reasonable cause to believe that fraudulent
25 concealment has occurred. To constitute fraudulent

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1 concealment sufficient to toll this limitations period,
2 there must be an affirmative act or representation
3 calculated to prevent discovery of the fact that a
4 violation has occurred. The Legislative Inspector General
5 shall have the discretion to determine the appropriate
6 means of investigation as permitted by law.
7 (1.5) Notwithstanding any provision of law to the
8 contrary, the Legislative Inspector General, whether
9 appointed by the Legislative Ethics Commission or the
10 General Assembly, may initiate an investigation based on
11 information provided to the Office of the Legislative
12 Inspector General or the Legislative Ethics Commission
13 during the period from December 1, 2014 through November 3,
14 2017. Any investigation initiated under this paragraph
15 (1.5) must be initiated within one year after the effective
16 date of this amendatory Act of the 100th General Assembly.
17 Notwithstanding any provision of law to the contrary,
18 the Legislative Inspector General, through the Attorney
19 General, shall have the authority to file a complaint
20 related to any founded violations that occurred during the
21 period December 1, 2014 through November 3, 2017 to the
22 Legislative Ethics Commission, and the Commission shall
23 have jurisdiction to conduct administrative hearings
24 related to any pleadings filed by the Legislative Inspector
25 General, provided the complaint is filed with the
26 Commission no later than 6 months after the summary report

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1 is provided to the Attorney General in accordance with
2 subsection (c) of Section 25-50.
3 (2) To request information relating to an
4 investigation from any person when the Legislative
5 Inspector General deems that information necessary in
6 conducting an investigation.
7 (3) To issue subpoenas, with the advance approval of
8 the Commission, to compel the attendance of witnesses for
9 the purposes of testimony and production of documents and
10 other items for inspection and copying and to make service
11 of those subpoenas and subpoenas issued under item (7) of
12 Section 25-15.
13 (4) To submit reports as required by this Act.
14 (5) To file pleadings in the name of the Legislative
15 Inspector General with the Legislative Ethics Commission,
16 through the Attorney General, as provided in this Article
17 if the Attorney General finds that reasonable cause exists
18 to believe that a violation has occurred.
19 (6) To assist and coordinate the ethics officers for
20 State agencies under the jurisdiction of the Legislative
21 Inspector General and to work with those ethics officers.
22 (7) To participate in or conduct, when appropriate,
23 multi-jurisdictional investigations.
24 (8) To request, as the Legislative Inspector General
25 deems appropriate, from ethics officers of State agencies
26 under his or her jurisdiction, reports or information on

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1 (i) the content of a State agency's ethics training program
2 and (ii) the percentage of new officers and employees who
3 have completed ethics training.
4 (9) To establish a policy that ensures the appropriate
5 handling and correct recording of all investigations of
6 allegations and to ensure that the policy is accessible via
7 the Internet in order that those seeking to report those
8 allegations are familiar with the process and that the
9 subjects of those allegations are treated fairly.
10 (10) To post information to the Legislative Inspector
11 General's website explaining to complainants and subjects
12 of an investigation the legal limitations on the
13 Legislative Inspector General's ability to provide
14 information to them and a general overview of the
15 investigation process.
16(Source: P.A. 100-553, eff. 11-16-17; 100-588, eff. 6-8-18.)
17 Section 99. Effective date. This Act takes effect upon
18becoming law.
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