Illinois 2023-2024 Regular Session

Illinois House Bill HB5320 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5320 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED: See Index Amends the Hospital Licensing Act. Provides that "hospital worker" means any person who receives an hourly wage directly or indirectly via a subcontractor by a hospital licensed under the Act. Replaces references to "nurse" with "hospital worker". Provides for additional staffing transparency and reporting requirements. Provides that hospitals licensed under the Act must employ and schedule enough hospital workers to provide quality patient care and ensure patient safety. Provides that hospitals must make available, at the beginning of each calendar year and upon request, all staffing matrices and other staffing metrics, if any, used to assess and maintain safe staffing levels for hospital workers in each unit. Provides that the Department of Public Health shall produce an annual report based on staffing disclosures. Provides that the Department shall make recommendations for minimum staffing standards for hospital workers in each hospital unit. Provides that hospitals licensed under the Act shall conduct, within the first month of employment and at no cost, a competency validation for each hospital worker hired. Provides that a hospital must submit documentation of each hospital worker's competency validation to the Department within 4 weeks after the worker's start date. Provides that hospitals shall conduct ongoing verification for each hospital worker employed during a given calendar year to determine each worker's continued competency to perform the worker's job and shall submit documentation of each worker's ongoing verification to the Department within 2 weeks of completion. Provides that hospitals shall submit a list of all competent employees currently employed at the end of each calendar year. Provides for a public registry of all competent employees to be maintained by the Department. Provides for the imposition of civil penalties for specified violations of the Act. Describes an assignment despite objection resolution process to be implemented by each hospital that is licensed under the Act. Provides for a Hospital Safety Advocate role to be created within the Department. LRB103 37477 CES 67600 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5320 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED: See Index See Index Amends the Hospital Licensing Act. Provides that "hospital worker" means any person who receives an hourly wage directly or indirectly via a subcontractor by a hospital licensed under the Act. Replaces references to "nurse" with "hospital worker". Provides for additional staffing transparency and reporting requirements. Provides that hospitals licensed under the Act must employ and schedule enough hospital workers to provide quality patient care and ensure patient safety. Provides that hospitals must make available, at the beginning of each calendar year and upon request, all staffing matrices and other staffing metrics, if any, used to assess and maintain safe staffing levels for hospital workers in each unit. Provides that the Department of Public Health shall produce an annual report based on staffing disclosures. Provides that the Department shall make recommendations for minimum staffing standards for hospital workers in each hospital unit. Provides that hospitals licensed under the Act shall conduct, within the first month of employment and at no cost, a competency validation for each hospital worker hired. Provides that a hospital must submit documentation of each hospital worker's competency validation to the Department within 4 weeks after the worker's start date. Provides that hospitals shall conduct ongoing verification for each hospital worker employed during a given calendar year to determine each worker's continued competency to perform the worker's job and shall submit documentation of each worker's ongoing verification to the Department within 2 weeks of completion. Provides that hospitals shall submit a list of all competent employees currently employed at the end of each calendar year. Provides for a public registry of all competent employees to be maintained by the Department. Provides for the imposition of civil penalties for specified violations of the Act. Describes an assignment despite objection resolution process to be implemented by each hospital that is licensed under the Act. Provides for a Hospital Safety Advocate role to be created within the Department. LRB103 37477 CES 67600 b LRB103 37477 CES 67600 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5320 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
33 See Index See Index
44 See Index
55 Amends the Hospital Licensing Act. Provides that "hospital worker" means any person who receives an hourly wage directly or indirectly via a subcontractor by a hospital licensed under the Act. Replaces references to "nurse" with "hospital worker". Provides for additional staffing transparency and reporting requirements. Provides that hospitals licensed under the Act must employ and schedule enough hospital workers to provide quality patient care and ensure patient safety. Provides that hospitals must make available, at the beginning of each calendar year and upon request, all staffing matrices and other staffing metrics, if any, used to assess and maintain safe staffing levels for hospital workers in each unit. Provides that the Department of Public Health shall produce an annual report based on staffing disclosures. Provides that the Department shall make recommendations for minimum staffing standards for hospital workers in each hospital unit. Provides that hospitals licensed under the Act shall conduct, within the first month of employment and at no cost, a competency validation for each hospital worker hired. Provides that a hospital must submit documentation of each hospital worker's competency validation to the Department within 4 weeks after the worker's start date. Provides that hospitals shall conduct ongoing verification for each hospital worker employed during a given calendar year to determine each worker's continued competency to perform the worker's job and shall submit documentation of each worker's ongoing verification to the Department within 2 weeks of completion. Provides that hospitals shall submit a list of all competent employees currently employed at the end of each calendar year. Provides for a public registry of all competent employees to be maintained by the Department. Provides for the imposition of civil penalties for specified violations of the Act. Describes an assignment despite objection resolution process to be implemented by each hospital that is licensed under the Act. Provides for a Hospital Safety Advocate role to be created within the Department.
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1111 1 AN ACT concerning regulation.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Hospital Licensing Act is amended by
1515 5 changing Section 10.9 and by adding Sections 10.15 and 10.20
1616 6 as follows:
1717 7 (210 ILCS 85/10.9)
1818 8 Sec. 10.9. Hospital worker Nurse mandated overtime
1919 9 prohibited.
2020 10 (a) Definitions. As used in this Section:
2121 11 "Mandated overtime" means work that is required by the
2222 12 hospital in excess of an agreed-to, predetermined work shift.
2323 13 Time spent by nurses required to be available as a condition of
2424 14 employment in specialized units, such as surgical nursing
2525 15 services, shall not be counted or considered in calculating
2626 16 the amount of time worked for the purpose of applying the
2727 17 prohibition against mandated overtime under subsection (b).
2828 18 "Hospital worker" means any person who receives an hourly
2929 19 wage, directly or indirectly, via a subcontractor by a
3030 20 hospital licensed under this Act.
3131 21 "Nurse" means any advanced practice registered nurse,
3232 22 registered professional nurse, or licensed practical nurse, as
3333 23 defined in the Nurse Practice Act, who receives an hourly wage
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5320 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
3838 See Index See Index
3939 See Index
4040 Amends the Hospital Licensing Act. Provides that "hospital worker" means any person who receives an hourly wage directly or indirectly via a subcontractor by a hospital licensed under the Act. Replaces references to "nurse" with "hospital worker". Provides for additional staffing transparency and reporting requirements. Provides that hospitals licensed under the Act must employ and schedule enough hospital workers to provide quality patient care and ensure patient safety. Provides that hospitals must make available, at the beginning of each calendar year and upon request, all staffing matrices and other staffing metrics, if any, used to assess and maintain safe staffing levels for hospital workers in each unit. Provides that the Department of Public Health shall produce an annual report based on staffing disclosures. Provides that the Department shall make recommendations for minimum staffing standards for hospital workers in each hospital unit. Provides that hospitals licensed under the Act shall conduct, within the first month of employment and at no cost, a competency validation for each hospital worker hired. Provides that a hospital must submit documentation of each hospital worker's competency validation to the Department within 4 weeks after the worker's start date. Provides that hospitals shall conduct ongoing verification for each hospital worker employed during a given calendar year to determine each worker's continued competency to perform the worker's job and shall submit documentation of each worker's ongoing verification to the Department within 2 weeks of completion. Provides that hospitals shall submit a list of all competent employees currently employed at the end of each calendar year. Provides for a public registry of all competent employees to be maintained by the Department. Provides for the imposition of civil penalties for specified violations of the Act. Describes an assignment despite objection resolution process to be implemented by each hospital that is licensed under the Act. Provides for a Hospital Safety Advocate role to be created within the Department.
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4343 A BILL FOR
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6868 1 and has direct responsibility to oversee or carry out nursing
6969 2 care. For the purposes of this Section, "advanced practice
7070 3 registered nurse" does not include a certified registered
7171 4 nurse anesthetist who is primarily engaged in performing the
7272 5 duties of a nurse anesthetist.
7373 6 "Related to the subcontractor" means that the
7474 7 subcontractor is, to a significant extent, associated or
7575 8 affiliated with, owns, or is owned by, or has control of or is
7676 9 controlled by, the organization furnishing services to a
7777 10 hospital licensed under this Act.
7878 11 "Subcontractor" means any entity, including an individual
7979 12 or individuals, that contracts with a hospital licensed under
8080 13 this Act to supply a service. "Subcontractor" includes
8181 14 organizations related to the subcontractor that have a
8282 15 contract with the subcontractor.
8383 16 "Unforeseen emergent circumstance" means (i) any declared
8484 17 national, State, or municipal disaster or other catastrophic
8585 18 event, or any implementation of a hospital's disaster plan,
8686 19 that will substantially affect or increase the need for health
8787 20 care services or (ii) any circumstance in which patient care
8888 21 needs require specialized nursing skills through the
8989 22 completion of a procedure. An "unforeseen emergent
9090 23 circumstance" does not include situations in which the
9191 24 hospital fails to have enough nursing staff to meet the usual
9292 25 and reasonably predictable patient care nursing needs of its
9393 26 patients.
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104104 1 (b) Mandated overtime prohibited. No hospital worker nurse
105105 2 may be required to work mandated overtime except in the case of
106106 3 an unforeseen emergent circumstance when such overtime is
107107 4 required only as a last resort. Such mandated overtime shall
108108 5 not exceed 4 hours beyond an agreed-to, predetermined work
109109 6 shift.
110110 7 (c) Rest period required Off-duty period. When a hospital
111111 8 worker nurse is mandated to work up to 12 consecutive hours,
112112 9 the worker nurse must be allowed at least 8 consecutive hours
113113 10 of off-duty time off immediately following the completion of a
114114 11 shift.
115115 12 (d) Retaliation prohibited. No hospital may discipline,
116116 13 discharge, or take any other adverse employment action against
117117 14 a hospital worker nurse solely because the worker nurse
118118 15 refused to work mandated overtime as prohibited under
119119 16 subsection (b).
120120 17 (e) Violations. Any employee of a hospital that is subject
121121 18 to this Act may file a complaint with the Department of Public
122122 19 Health regarding an alleged violation of this Section. The
123123 20 complaint must be filed within 45 days following the
124124 21 occurrence of the incident giving rise to the alleged
125125 22 violation. The Department must forward notification of the
126126 23 alleged violation to the hospital in question within 3
127127 24 business days after the complaint is filed. Upon receiving a
128128 25 complaint of a violation of this Section, the Department may
129129 26 take any action authorized under Section 7 or 9 of this Act.
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140140 1 (f) Proof of violation. Any violation of this Section must
141141 2 be proved by clear and convincing evidence that a hospital
142142 3 worker nurse was required to work overtime against the
143143 4 worker's his or her will. The hospital may defeat the claim of
144144 5 a violation by presenting clear and convincing evidence that
145145 6 an unforeseen emergent circumstance, which required overtime
146146 7 work, existed at the time the employee was required or
147147 8 compelled to work.
148148 9 (Source: P.A. 100-513, eff. 1-1-18.)
149149 10 (210 ILCS 85/10.15 new)
150150 11 Sec. 10.15. Additional staffing transparency and reporting
151151 12 requirements.
152152 13 (a) As used in this Section:
153153 14 "Hospital worker" means any person who receives an hourly
154154 15 wage, directly or indirectly, via a subcontractor by a
155155 16 hospital licensed under this Act.
156156 17 "Related to the subcontractor" means that the
157157 18 subcontractor is, to a significant extent, associated or
158158 19 affiliated with, owns, or is owned by, or has control of or is
159159 20 controlled by, the organization furnishing services to a
160160 21 hospital licensed under this Act.
161161 22 "Staffing metric" means any tool used by hospital
162162 23 management to determine safe staffing levels in a patient care
163163 24 or support services unit.
164164 25 "Subcontractor" means any entity, including an individual
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175175 1 or individuals, that contracts with a hospital licensed under
176176 2 this Act to supply a service. This includes organizations
177177 3 related to the subcontractor that have a contract with the
178178 4 subcontractor.
179179 5 "Unit" means a functional division of a hospital that
180180 6 provides patient care or support services.
181181 7 (b) Hospitals licensed under this Act must employ and
182182 8 schedule enough hospital workers to provide quality patient
183183 9 care and ensure patient safety.
184184 10 (c) In order to ensure compliance with safe staffing
185185 11 practices, hospitals licensed under this Act shall make
186186 12 available, upon request, all the staffing matrices and other
187187 13 staffing metrics, if any, used to assess and maintain safe
188188 14 staffing levels for hospital workers in each unit.
189189 15 (d) Hospitals shall share any and all staffing matrices,
190190 16 staffing metrics, and underlying materials used to determine
191191 17 staffing levels with the Department at the beginning of each
192192 18 calendar year.
193193 19 (e) The Department shall produce an annual report based on
194194 20 staffing disclosures required under this Section beginning the
195195 21 first year after implementation.
196196 22 (f) The Department shall make recommendations for minimum
197197 23 staffing standards for hospital workers in each hospital unit
198198 24 based on the information collected under this Section.
199199 25 (210 ILCS 85/10.20 new)
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210210 1 Sec. 10.20. Hospital worker competency validation and
211211 2 assignment despite objection process.
212212 3 (a) Findings. The Legislature finds and declares all of
213213 4 the following:
214214 5 (1) The State of Illinois has an obligation to ensure
215215 6 hospitals provide quality patient care.
216216 7 (2) Numerous studies have linked patient outcomes,
217217 8 including in-hospital mortality rates, to hospital worker
218218 9 staffing.
219219 10 (3) In spite of the preponderance of evidence that
220220 11 adequate staffing improves patient outcomes, hospitals in
221221 12 Illinois and elsewhere too often systemically and
222222 13 intentionally understaff to maximize profit even at the
223223 14 expense of quality patient care.
224224 15 (4) The COVID-19 pandemic both exposed and exacerbated
225225 16 these unsafe staffing practices.
226226 17 (5) The State asserts that based on their demonstrated
227227 18 competencies and training, hospital workers themselves are
228228 19 best positioned to identify unsafe conditions that
229229 20 jeopardize quality patient care, including, especially,
230230 21 short staffing.
231231 22 (6) Hospitals perform competency validations and
232232 23 ongoing verifications to ensure workers know how to
233233 24 perform their jobs safely and to identify unsafe practices
234234 25 including short staffing.
235235 26 (7) The State should require hospitals to affirm that
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246246 1 hospital workers have received the necessary training to
247247 2 safely perform their work via competency validations and
248248 3 ongoing verification and empower these workers to identify
249249 4 and formally object to unsafe working conditions,
250250 5 including short staffing.
251251 6 (8) To facilitate this, the State should create a
252252 7 dispute resolution process for hospital workers to
253253 8 formally object to unsafe working conditions.
254254 9 (b) Definitions. As used in this Section:
255255 10 "Assignment despite objection" means a formal process by
256256 11 which hospital workers notify management when they receive an
257257 12 assignment that, based on their training, is potentially
258258 13 unsafe.
259259 14 "Competent employee" means a hospital worker whose
260260 15 employer has received a competency validation or ongoing
261261 16 verification during a given calendar year.
262262 17 "Competency validation" means a determination based on a
263263 18 hospital worker's satisfactory performance of each specific
264264 19 element of the employee's job description and of specific
265265 20 requirements of the unit in which they are employed in a safe
266266 21 and ethical manner.
267267 22 "Hospital worker" means any person who receives an hourly
268268 23 wage, directly or indirectly, via a subcontractor by a
269269 24 hospital licensed under this Act.
270270 25 "Ongoing verification" means annual redetermination based
271271 26 on a hospital worker's satisfactory performance of each
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282282 1 specific element of the hospital worker's job description and
283283 2 the specific requirements of the unit in which the worker is
284284 3 employed in a safe and ethical manner.
285285 4 "Related to the subcontractor" means that the
286286 5 subcontractor is, to a significant extent, associated or
287287 6 affiliated with, owns, or is owned by, or has control of or is
288288 7 controlled by, the organization furnishing services to a
289289 8 hospital licensed under this Act.
290290 9 "Subcontractor" means any entity, including an individual
291291 10 or individuals, that contracts with a hospital licensed under
292292 11 this Act to supply a service. "Subcontractor" includes
293293 12 organizations related to the subcontractor that have a
294294 13 contract with the subcontractor.
295295 14 (c) Competency Validation Credential.
296296 15 (1) Hospitals licensed under this Act shall conduct a
297297 16 competency validation for each hospital worker hired as a
298298 17 condition of employment within the first month after
299299 18 employment and at no cost to the new hire.
300300 19 (2) The competency validation formally affirms the
301301 20 hospital has adequately trained a hospital worker to
302302 21 perform all aspects of the hospital worker's job safely
303303 22 and to identify unsafe conditions, including inadequate
304304 23 staffing.
305305 24 (3) Hospitals must submit documentation of each
306306 25 hospital worker's competency validation to the Department
307307 26 of Public Health within 4 weeks after the worker's start
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318318 1 date.
319319 2 (4) Hospitals licensed under this Act shall also
320320 3 conduct an ongoing verification for each hospital worker
321321 4 employed during a given calendar year to determine the
322322 5 continued competency of each hospital worker to perform
323323 6 the worker's job and shall submit documentation of ongoing
324324 7 verification of each hospital worker to the Department of
325325 8 Public Health within 2 weeks after completion.
326326 9 (5) Hospitals licensed under this Act shall submit a
327327 10 list of all competent employees currently employed at the
328328 11 end of each calendar year.
329329 12 (6) The Department shall maintain a registry of all
330330 13 competent employees that includes the name, address,
331331 14 contact information and current employer of the worker and
332332 15 make this registry available to the public.
333333 16 (7) Following notice and an opportunity to be heard,
334334 17 the Department shall impose, for each day that a hospital
335335 18 licensed under this Act is in violation of this subsection
336336 19 (c), a civil penalty against the hospital in an amount
337337 20 equal to 0.1% of the hospital's annual revenue during the
338338 21 most recently completed fiscal year.
339339 22 (d) Assignment despite objection.
340340 23 (1) A hospital licensed under this Act must create an
341341 24 assignment despite objection form that is applicable and
342342 25 accessible to all of its hospital workers that enables the
343343 26 hospital workers to formally object to unsafe working
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354354 1 conditions, including unsafe staffing levels, and that
355355 2 assigns to the hospital liability for requiring a hospital
356356 3 worker to work in an unsafe manner.
357357 4 (2) The assignment despite objection form must include
358358 5 the following language: "This is to confirm that I
359359 6 notified you that, in my professional judgment derived
360360 7 from my competency validation, today's assignment is
361361 8 unsafe and places patients at risk. As a result, the
362362 9 facility is responsible for any adverse effects on patient
363363 10 care."
364364 11 (3) The hospital must retain a copy of each assignment
365365 12 despite objection form and provide a copy to the hospital
366366 13 worker's union, if any, and the Department. Hospitals must
367367 14 provide, at the end of each calendar year, a report of all
368368 15 assignment despite objection forms filed during the
369369 16 calendar year and must maintain these records for a
370370 17 minimum of 5 years.
371371 18 (4) Hospitals must not retaliate against hospital
372372 19 workers for filing an assignment despite objection form or
373373 20 otherwise reporting or objecting to unsafe conditions.
374374 21 (e) Resolution Process.
375375 22 (1) Hospitals must develop a transparent, fair, and
376376 23 expedient assignment despite objection resolution process
377377 24 for all hospital workers either via collective bargaining
378378 25 or in accordance with Department process articulated
379379 26 below.
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390390 1 (2) Hospital workers currently covered by a collective
391391 2 bargaining agreement that includes an assignment despite
392392 3 objection resolution process shall abide by the process
393393 4 included in the collective bargaining agreement.
394394 5 (3) Hospital workers not covered by a collective
395395 6 bargaining agreement that includes an assignment despite
396396 7 objection resolution process may access the following
397397 8 Department mandated assignment despite objection
398398 9 resolution process:
399399 10 (A) The objecting hospital worker shall make a
400400 11 good faith effort to inform the hospital worker's
401401 12 manager or supervisor at the time of the objection to
402402 13 assignment.
403403 14 (B) If the manager or supervisor fails to resolve
404404 15 the unsafe situation to the reporting hospital
405405 16 worker's satisfaction, the hospital worker shall then
406406 17 complete an assignment despite objection form, shall
407407 18 submit a copy to that person's manager or supervisor
408408 19 and that person's representative organization, if
409409 20 covered by a collective bargaining agreement, and
410410 21 shall keep a copy for their records.
411411 22 (C) Hospital management must respond in writing to
412412 23 the assignment despite objection form within one week
413413 24 after its receipt and shall provide a copy of the
414414 25 response to the hospital worker's representative
415415 26 organization, if the hospital worker is covered by a
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426426 1 collective bargaining agreement.
427427 2 (D) In any instance in which the affected hospital
428428 3 worker(s) is unsatisfied with management's response,
429429 4 the hospital must convene a Safety Review Panel
430430 5 composed of 3 representatives selected by the hospital
431431 6 and 3 representatives selected by hospital workers via
432432 7 a transparent democratic process. The representatives
433433 8 selected by hospital workers are not required to be
434434 9 hospital employees. The panel shall attempt to resolve
435435 10 the dispute within 15 days of referral, unless
436436 11 extended by mutual consent.
437437 12 (E) If the Safety Review Panel cannot resolve the
438438 13 dispute within 15 days after referral, the Department
439439 14 shall appoint a mutually agreed upon neutral
440440 15 third-party to assist in resolving the dispute. The
441441 16 neutral third-party shall make a binding decision to
442442 17 resolve the dispute.
443443 18 (4) Following notice and an opportunity to be heard,
444444 19 the Department shall impose, for each day that a hospital
445445 20 licensed under this Act is in violation of subsection (d)
446446 21 or this subsection, a civil penalty against the hospital
447447 22 in an amount equal to 0.1% of the hospital's annual
448448 23 revenue during the most recently completed fiscal year.
449449 24 (5) The Department shall create a Hospital Safety
450450 25 Advocate position responsible for enforcing the new
451451 26 competency credentialing and assignment despite objection
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462462 1 requirements and developing additional rules, as needed.
463463 HB5320- 14 -LRB103 37477 CES 67600 b 1 INDEX 2 Statutes amended in order of appearance HB5320- 14 -LRB103 37477 CES 67600 b HB5320 - 14 - LRB103 37477 CES 67600 b 1 INDEX 2 Statutes amended in order of appearance
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466466 1 INDEX
467467 2 Statutes amended in order of appearance
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479479 1 INDEX
480480 2 Statutes amended in order of appearance
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