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Full Text of HB5551
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HB5551 - 104th General Assembly
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HB5551 Enrolled
LRB104 20609 LNS 34101 b
1
AN ACT concerning education.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The School Code is amended by changing Sections
5
2-3.33, 2-3.84, 14-7.03, and 21B-70 as follows:
6
(105 ILCS 5/2-3.33)
(from Ch. 122, par. 2-3.33)
7
Sec. 2-3.33.
Recomputation of claims.
To recompute within
8
3 years from the final date for filing of a claim any claim for
9
general State aid reimbursement to any school district and to
10
recompute and adjust any such claims within 6 years from the
11
final date for filing
, through and ending with Fiscal Year
12
2026,
when there has been an adverse court or administrative
13
agency decision on the merits affecting the tax revenues of
14
the school district. However, no such adjustment shall be made
15
regarding equalized assessed valuation unless the district's
16
equalized assessed valuation is changed by greater than
17
$250,000 or 2%. Any adjustments for claims recomputed for the
18
2016-2017 school year and prior school years shall be applied
19
to the apportionment of evidence-based funding in Section
20
18-8.15 of this Code beginning in the 2017-2018 school year
21
and thereafter. However, the recomputation of a claim for
22
evidence-based funding for a school district shall not require
23
the recomputation of claims for all districts, and the State
HB5551 Enrolled
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LRB104 20609 LNS 34101 b
1
Board of Education shall only make recomputations of
2
evidence-based funding for those districts where an adjustment
3
is required
, through and ending with Fiscal Year 2026
. The
4
State Board is authorized to and shall apply corrections to
5
data used in evidence-based funding calculations that may
6
result in current year adjustments and shall recover funds
7
previously scheduled to be distributed or previously
8
distributed to an Organizational Unit or specially funded unit
9
during a fiscal year in accordance with Section 18-8.15 of
10
this Code.
11
Except in the case of an adverse court or administrative
12
agency decision, no recomputation of a State aid claim shall
13
be made pursuant to this Section as a result of a reduction in
14
the assessed valuation of a school district from the assessed
15
valuation of the district reported to the State Board of
16
Education by the Department of Revenue under Section 18-8.05
17
or 18-8.15 of this Code unless the requirements of Section
18
16-15 of the Property Tax Code and Section 2-3.84 of this Code
19
are complied with in all respects.
20
This paragraph applies to all requests for recomputation
21
of a general State aid or evidence-based funding claim
22
received after June 30, 2003
and before July 1, 2026
. In
23
recomputing a general State aid or evidence-based funding
24
claim that was originally calculated using an extension
25
limitation equalized assessed valuation under paragraph (3) of
26
subsection (G) of Section 18-8.05 of this Code or Section
HB5551 Enrolled
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LRB104 20609 LNS 34101 b
1
18-8.15 of this Code, a qualifying reduction in equalized
2
assessed valuation shall be deducted from the extension
3
limitation equalized assessed valuation that was used in
4
calculating the original claim.
5
From the total amount of general State aid or
6
evidence-based funding to be provided to districts,
7
adjustments as a result of recomputation under this Section
8
together with adjustments under Section 2-3.84 must not exceed
9
$25 million, in the aggregate for all districts under both
10
Sections combined, of the general State aid or evidence-based
11
funding appropriation in any fiscal year; if necessary,
12
amounts shall be prorated among districts. If it is necessary
13
to prorate claims under this paragraph, then that portion of
14
each prorated claim that is approved but not paid in the
15
current fiscal year may be resubmitted as a valid claim in the
16
following fiscal year.
17
(Source: P.A. 102-699, eff. 4-19-22.)
18
(105 ILCS 5/2-3.84)
(from Ch. 122, par. 2-3.84)
19
Sec. 2-3.84.
In calculating the amount of State aid to be
20
apportioned to the various school districts in this State, the
21
State Board of Education shall incorporate and deduct the
22
total aggregate adjustments to assessments made by the State
23
Property Tax Appeal Board or Cook County Board of Appeals, as
24
reported pursuant to Section 16-15 of the Property Tax Code or
25
Section 129.1 of the Revenue Act of 1939 by the Department of
HB5551 Enrolled
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LRB104 20609 LNS 34101 b
1
Revenue, from the equalized assessed valuation that is
2
otherwise to be utilized in the initial calculation
for
3
adjustments reported through Fiscal Year 2026
.
4
From the total amount of general State aid or
5
evidence-based funding to be provided to districts
for
6
adjustments reported through Fiscal Year 2026
, adjustments
7
under this Section together with adjustments as a result of
8
recomputation under Section 2-3.33 must not exceed $25
9
million, in the aggregate for all districts under both
10
Sections combined, of the general State aid or evidence-based
11
funding appropriation in any fiscal year; if necessary,
12
amounts shall be prorated among districts. If it is necessary
13
to prorate claims under this paragraph, then that portion of
14
each prorated claim that is approved but not paid in the
15
current fiscal year may be resubmitted as a valid claim in the
16
following fiscal year.
17
(Source: P.A. 100-465, eff. 8-31-17.)
18
(105 ILCS 5/14-7.03)
(from Ch. 122, par. 14-7.03)
19
Sec. 14-7.03.
Special education classes for children from
20
orphanages, foster family homes, children's homes, or State
21
residential units.
If a school district maintains special
22
education classes on the site of orphanages and children's
23
homes, or if children from the orphanages, children's homes,
24
foster family homes, other State agencies, or State
25
residential units for children attend classes for children
HB5551 Enrolled
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LRB104 20609 LNS 34101 b
1
with disabilities in which the school district is a
2
participating member of a joint agreement, or if the children
3
from the orphanages, children's homes, foster family homes,
4
other State agencies, or State residential units attend
5
classes for the children with disabilities maintained by the
6
school district, then reimbursement shall be paid to eligible
7
districts in accordance with the provisions of this Section by
8
the Comptroller as directed by the State Superintendent of
9
Education.
10
The amount of tuition for such children shall be
11
determined by the actual cost of maintaining such classes,
12
using the per capita cost formula set forth in Section
13
14-7.01, such program and cost to be pre-approved by the State
14
Superintendent of Education.
15
If a school district makes a claim for reimbursement under
16
Section 18-3 of this Code it shall not include in any claim
17
filed under this Section a claim for such children. Payments
18
authorized by law, including State or federal grants for
19
education of children included in this Section, shall be
20
deducted in determining the tuition amount.
21
Nothing in this Code shall be construed so as to prohibit
22
reimbursement for the tuition of children placed in for profit
23
facilities. Private facilities shall provide adequate space at
24
the facility for special education classes provided by a
25
school district or joint agreement for children with
26
disabilities who are residents of the facility at no cost to
HB5551 Enrolled
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LRB104 20609 LNS 34101 b
1
the school district or joint agreement upon request of the
2
school district or joint agreement. If such a private facility
3
provides space at no cost to the district or joint agreement
4
for special education classes provided to children with
5
disabilities who are residents of the facility, the district
6
or joint agreement shall not include any costs for the use of
7
those facilities in its claim for reimbursement.
8
Reimbursement for tuition may include the cost of
9
providing summer school programs for children with severe and
10
profound disabilities served under this Section. Claims for
11
that reimbursement shall be filed by November 1 and shall be
12
paid on or before December 15 from appropriations made for the
13
purposes of this Section.
14
The State Board of Education shall establish such rules
15
and regulations as may be necessary to implement the
16
provisions of this Section.
17
Claims filed on behalf of programs operated under this
18
Section housed in an orphanage, children's home, private
19
facility, State residential unit, district or joint agreement
20
site, jail, detention center, or county-owned shelter care
21
facility shall be on an individual student basis only for
22
eligible students with disabilities. These claims shall be in
23
accordance with applicable rules.
24
Each district claiming reimbursement for individual
25
students shall have the eligibility of those students verified
26
by the State Board of Education. On September 30, December 31,
HB5551 Enrolled
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LRB104 20609 LNS 34101 b
1
and March 31, the State Board of Education shall voucher
2
payments for individual students based upon an estimated cost
3
calculated from the prior year's claim. Final claims for
4
individual students for the regular school term must be
5
received at the State Board of Education by June 15. Claims for
6
individual students received after June 15 shall not be
7
honored. Claims received by June 15 may be amended until
8
August 1. Final claims for individual students shall be
9
vouchered by August 31. However, notwithstanding any other
10
provisions of this Section or this Code, if the amount
11
appropriated for any fiscal year is less than the amount
12
required for purposes of this Section, the amount required to
13
eliminate any insufficient reimbursement for each district
14
claim under this Section shall be reimbursed on August 31 of
15
the next fiscal year. Payments required to eliminate any
16
insufficiency for prior fiscal year claims shall be made
17
before any claims are paid for the current fiscal year.
18
Regional superintendents may operate special education
19
classes for children from orphanages, foster family homes,
20
children's homes, or State residential units located within
21
the educational services region upon consent of the school
22
board otherwise so obligated. In electing to assume the powers
23
and duties of a school district in providing and maintaining
24
such a special education program, the regional superintendent
25
may enter into joint agreements with other districts and may
26
contract with public or private schools or the orphanage,
HB5551 Enrolled
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LRB104 20609 LNS 34101 b
1
foster family home, children's home, or State residential unit
2
for provision of the special education program. The regional
3
superintendent exercising the powers granted under this
4
Section shall be reimbursed for the actual cost of providing
5
such programs by the resident district as defined in Section
6
14-1.11a.
7
Any child who is not a resident of Illinois who is placed
8
in a child welfare institution, private facility, foster
9
family home, State operated program, orphanage, or children's
10
home shall have the payment for his educational tuition and
11
any related services assured by the placing agent.
12
For each student with a disability who is placed in a
13
residential facility by an Illinois public agency or by any
14
court in this State, the costs for educating the student are
15
eligible for reimbursement under this Section.
16
The district of residence of the student with a disability
17
as defined in Section 14-1.11a is responsible for the actual
18
costs of the student's special education program and is
19
eligible for reimbursement under this Section when placement
20
is made by a State agency or the courts.
21
When a dispute arises over the determination of the
22
district of residence under this Section, the district or
23
districts may appeal the decision in writing to the State
24
Superintendent of Education, who, upon review of materials
25
submitted and any other items or information he or she may
26
request for submission, shall issue a written decision on the
HB5551 Enrolled
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LRB104 20609 LNS 34101 b
1
matter. The decision of the State Superintendent of Education
2
shall be final.
3
In the event a district does not make a tuition payment to
4
another district that is providing the special education
5
program and services, the State Board of Education shall
6
immediately withhold 125% of the then remaining annual tuition
7
cost from the State aid or categorical aid payment due to the
8
school district that is determined to be the resident school
9
district. All funds withheld by the State Board of Education
10
shall immediately be forwarded to the school district where
11
the student is being served.
12
When a child eligible for services under this Section
is
13
14-7.03 must be
placed in a nonpublic facility, that facility
14
shall meet the programmatic requirements of Section 14-7.02
15
and its regulations, and the educational services shall be
16
funded only in accordance with this Section
14-7.03
.
17
Beginning with the 2026-2027 school year, when a child
18
eligible for services under this Section is placed in a
19
separate public day school, that school shall meet the
20
definition of Section 14-1.08a and the programmatic
21
requirements and rules for separate public day schools, and
22
the educational services shall be funded only in accordance
23
with this Section.
24
(Source: P.A. 101-17, eff. 6-14-19.)
25
(105 ILCS 5/21B-70)
HB5551 Enrolled
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LRB104 20609 LNS 34101 b
1
Sec. 21B-70.
Illinois Teaching Excellence Program.
2
(a) As used in this Section:
3
"Cohort" means a group of candidates for National Board
4
certification who are organized for the purpose of
5
participating in a structured support program, including
6
facilitated professional development, mentoring, and
7
collaborative learning.
8
"Diverse candidate" means a candidate who identifies with
9
any of the ethnicities reported on the Illinois Report Card
10
other than White.
11
"Hard-to-staff school" means a public school
that (i) is
12
identified as hard to staff based on data reported on its
13
school report card under Section 10-17a or (ii) does not have a
14
school report card under Section 10-17a but serves a student
15
population
in which
no less than
30%
or more
of the student
16
enrollment is considered
low income
low-income
as
determined
17
by the State Board of Education using available enrollment or
18
funding data
reported by the report card under Section 10-17a
19
of this Code
.
20
"National Board certification" means a voluntary, advanced
21
teaching credential that exceeds State licensure requirements
22
and is awarded to teachers who meet rigorous national
23
standards for accomplished teaching practice established by
24
the National Board for Professional Teaching Standards through
25
a comprehensive, performance-based assessment process. A
26
teacher who holds such certification may be referred to as a
HB5551 Enrolled
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LRB104 20609 LNS 34101 b
1
"National Board certified teacher" under this Section.
2
"National Board certified teacher candidate cohort
3
facilitator" means a National Board certified teacher who
4
collaborates to advance the goal of supporting all other
5
candidate cohorts other than diverse candidate cohorts through
6
the Illinois National Board for Professional Teaching
7
Standards Comprehensive Support System.
8
"National Board certified teacher diverse candidate cohort
9
facilitator" means a National Board certified teacher who
10
collaborates to advance the goal of supporting racially and
11
ethnically diverse candidates through the Illinois National
12
Board for Professional Teaching Standards Comprehensive
13
Support System.
14
"National Board certified teacher diverse liaison" means
15
an individual or entity that supports the National Board
16
certified teacher leading a diverse candidate cohort.
17
"National Board certified teacher liaison" means an
18
individual or entity that supports the National Board
19
certified teacher leading candidate cohorts other than diverse
20
candidate cohorts.
21
"National Board certified teacher rural or remote or
22
distant candidate cohort facilitator" means a National Board
23
certified teacher who collaborates to advance the goal of
24
supporting rural or remote candidates through the Illinois
25
National Board for Professional Teaching Standards
26
Comprehensive Support System.
HB5551 Enrolled
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LRB104 20609 LNS 34101 b
1
"National Board certified teacher rural or remote or
2
distant liaison" means an individual or entity that supports
3
the National Board certified teacher leading a rural or remote
4
candidate cohort.
5
"Qualified educator" means a teacher or school counselor
6
currently employed in a school district who is in the process
7
of obtaining certification through the National Board for
8
Professional Teaching Standards or who has completed
9
certification and holds a current Professional Educator
10
License with a National Board for Professional Teaching
11
Standards designation or a retired teacher or school counselor
12
who holds a Professional Educator License with a National
13
Board for Professional Teaching Standards designation.
14
"Rural or remote" or "rural or remote or distant" means
15
local codes 32, 33, 41, 42, and 43 of the New Urban-Centric
16
Locale Codes, as defined by the National Center for Education
17
Statistics.
18
"School term" means that portion of the school year, from
19
July 1 to the following June 30, when school is in actual
20
session.
21
"Tier 1" has the meaning given to that term under Section
22
18-8.15.
23
"Tier 2" has the meaning given to that term under Section
24
18-8.15.
25
(a-5) A regional office of education or intermediate
26
service center may establish one cohort per county, except
HB5551 Enrolled
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LRB104 20609 LNS 34101 b
1
that an additional cohort may be established if the number of
2
candidates exceeds 20 participants in a single cohort. A
3
cohort shall include no more than 20 candidates.
4
A school district or individual school may establish a
5
cohort if at least 3 candidates are enrolled. The State Board
6
of Education or its designee may provide or approve a cohort
7
facilitator for a cohort. If a cohort facilitator is not
8
available locally, the State Board of Education or its
9
designee may (i) provide a facilitator through a virtual
10
format or (ii) assign candidates to an existing cohort
11
operated by a regional office of education, an intermediate
12
service center, or another approved provider, including a
13
virtual cohort.
14
(b) Any funds appropriated for the Illinois Teaching
15
Excellence Program must be used to provide monetary assistance
16
and incentives for qualified educators who are employed by or
17
retired from school districts and who have or are in the
18
process of obtaining
certification
licensure
through the
19
National Board for Professional Teaching Standards
and for
20
indirect costs necessary for program operations
. The goal of
21
the program is to improve instruction and student performance.
22
The State Board of Education shall allocate an amount as
23
annually appropriated by the General Assembly for the Illinois
24
Teaching Excellence Program for (i) application or re-take
25
fees for each qualified educator seeking to complete
26
certification through the National Board for Professional
HB5551 Enrolled
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LRB104 20609 LNS 34101 b
1
Teaching Standards, to be paid directly to the National Board
2
for Professional Teaching Standards, and (ii) incentives under
3
paragraphs (1), (2), and (3) of subsection (c) for each
4
qualified educator, to be distributed to the respective school
5
district, and incentives under paragraph (5) of subsection
6
(c), to be distributed to the respective school district or
7
directly to the qualified educator. The school district shall
8
distribute this payment to each eligible teacher or school
9
counselor as a single payment.
10
The State Board of Education's annual budget must set out
11
by separate line item the appropriation for the program.
12
Unless otherwise provided by appropriation, qualified
13
educators are eligible for monetary assistance and incentives
14
outlined in subsections (c) and (d) of this Section.
15
(c) When there are adequate funds available, monetary
16
assistance and incentives shall include the following:
17
(1) A maximum of $2,000 toward the application or
18
re-take fee for teachers or school counselors in a Tier 1
19
school district who apply on a first-come, first-serve
20
basis for National Board certification.
21
(2) A maximum of $2,000 toward the application or
22
re-take fee for teachers or school counselors in a school
23
district other than a Tier 1 school district who apply on a
24
first-come, first-serve basis for National Board
25
certification.
26
(3) A maximum of $1,000 toward the National Board for
HB5551 Enrolled
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LRB104 20609 LNS 34101 b
1
Professional Teaching Standards' renewal application fee.
2
(3.5) An annual retention bonus of $4,000 awarded for
3
5 consecutive school years to a National Board certified
4
teacher who is employed in a hard-to-staff school in this
5
State. To be eligible for this retention bonus in a given
6
school year, a National Board certified teacher must (i)
7
be employed on a full-time basis as a teacher or school
8
counselor in a public school in this State for the entire
9
school term, (ii) hold a valid and active certificate
10
issued by the National Board for Professional Teaching
11
Standards, and (iii) be assigned for the full school term
12
to a school designated as hard to staff at the time of
13
initial qualification. A National Board certified teacher
14
who qualifies for this retention bonus remains eligible to
15
receive the bonus for the full 5-year award period,
16
notwithstanding a subsequent change in the school's
17
hard-to-staff designation, as long as the teacher remains
18
continuously employed at the same school or a different
19
hard-to-staff school. Eligibility for this retention bonus
20
terminates if the National Board certified teacher ceases
21
to be employed full time in a public school in this State
22
or accepts employment at a school that is not designated
23
as a hard-to-staff school. The State Board of Education
24
may not deny a National Board certified teacher this
25
retention bonus solely because the public school at which
26
the teacher is employed does not have a school report card
HB5551 Enrolled
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LRB104 20609 LNS 34101 b
1
under Section 10-17a.
2
Retention bonus funds shall be distributed on a
3
first-come, first-served basis. In any fiscal year in
4
which appropriated funds are insufficient to award all
5
eligible National Board certified teachers a retention
6
bonus, those eligible applicants who do not receive a
7
retention bonus shall be given priority consideration for
8
the subsequent fiscal year, in the order of their original
9
application.
10
(4) (Blank).
11
(5) An annual incentive of no more than $2,250
12
prorated at $50 per hour, which shall be paid to each
13
qualified educator currently employed in a school district
14
who holds both a National Board for Professional Teaching
15
Standards designation and a current corresponding
16
certificate issued by the National Board for Professional
17
Teaching Standards and who agrees, in writing, to provide
18
up to 45 hours of mentoring or National Board for
19
Professional Teaching Standards professional development
20
or both during the school year to classroom teachers or
21
school counselors, as applicable. Funds must be disbursed
22
on a first-come, first-serve basis, with priority given to
23
Tier 1 school districts. Mentoring shall include, either
24
singly or in combination, the following:
25
(A) National Board for Professional Teaching
26
Standards certification candidates.
HB5551 Enrolled
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LRB104 20609 LNS 34101 b
1
(B) National Board for Professional Teaching
2
Standards re-take candidates.
3
(C) National Board for Professional Teaching
4
Standards renewal candidates.
5
(D) (Blank).
6
Funds may also be used for professional development
7
training provided by the National Board Resource Center.
8
Funds may also be used for instructional leadership
9
training for qualified educators interested in supporting
10
implementation of the Illinois Learning Standards or teaching
11
and learning priorities of the State Board of Education or
12
both.
13
(d)
(Blank).
In addition to the monetary assistance and
14
incentives provided under subsection (c), if adequate funds
15
are available, incentives shall include the following
16
incentives for the program in rural or remote schools or
17
school districts or for programs working with diverse
18
candidates or for retention bonuses for hard-to-staff schools,
19
to be distributed to the respective school district or
20
directly to the qualified educator or entity:
21
(1) A one-time incentive of $3,000 payable to National
22
Board certified teachers teaching in Tier 1 or Tier 2
23
rural or remote school districts or rural or remote
24
schools in Tier 1 or Tier 2 school districts, with
25
priority given to teachers teaching in Tier 1 rural or
26
remote school districts or rural or remote schools in Tier
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LRB104 20609 LNS 34101 b
1
1 school districts.
2
(2) An annual incentive of $3,200 for National Board
3
certified teacher rural or remote or distant candidate
4
cohort facilitators, diverse candidate cohort
5
facilitators, and candidate cohort facilitators. Priority
6
shall be given to rural or remote candidate cohort
7
facilitators and diverse candidate cohort facilitators.
8
(3) An annual incentive of $2,500 for National Board
9
certified teacher rural or remote or distant liaisons,
10
diverse liaisons, and liaisons. Priority shall be given to
11
rural or remote liaisons and diverse liaisons.
12
(4) An annual retention bonus of $4,000 per year for 2
13
consecutive years shall be awarded to National Board
14
certified teachers employed in hard-to-staff schools.
15
Funds must be disbursed on a first-come, first-served
16
basis.
17
(e) Teachers who hold both a National Board for
18
Professional Teaching Standards designation and a current
19
corresponding certificate issued by the National Board for
20
Professional Teaching Standards shall be encouraged to
21
participate in other mentoring programs.
22
(f) A school district may award lane placement credit on
23
the salary schedule to a teacher who is a National Board
24
certified teacher or a candidate for National Board
25
certification for participation in professional development
26
associated with a National Board support program. Such credit
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LRB104 20609 LNS 34101 b
1
may be applied toward advancement on the school district's
2
salary schedule in accordance with the terms of an applicable
3
collective bargaining agreement or district policy.
4
(g) The State Board of Education shall report to the
5
General Assembly on the available data pertaining to services
6
offered, total educator participation and related demographic
7
data, recruitment efforts, and program growth and outcomes by
8
October 15, 2027.
9
(Source: P.A. 103-122, eff. 6-30-23; 103-207, eff. 1-1-24;
10
103-605, eff. 7-1-24.)
11
Section 99.
Effective date.
This Act takes effect upon
12
becoming law.
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