Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0378 Compare Versions

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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0378 Introduced 2/2/2023, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: 325 ILCS 20/1 from Ch. 23, par. 4151 Amends the Early Intervention Services System Act. Makes a technical change in a Section concerning the short title. LRB103 02786 KTG 47792 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0378 Introduced 2/2/2023, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: 325 ILCS 20/1 from Ch. 23, par. 4151 325 ILCS 20/1 from Ch. 23, par. 4151 Amends the Early Intervention Services System Act. Makes a technical change in a Section concerning the short title. LRB103 02786 KTG 47792 b LRB103 02786 KTG 47792 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0378 Introduced 2/2/2023, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
3+325 ILCS 20/1 from Ch. 23, par. 4151 325 ILCS 20/1 from Ch. 23, par. 4151
4+325 ILCS 20/1 from Ch. 23, par. 4151
5+Amends the Early Intervention Services System Act. Makes a technical change in a Section concerning the short title.
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7+ LRB103 02786 KTG 47792 b
8+A BILL FOR
9+SB0378LRB103 02786 KTG 47792 b SB0378 LRB103 02786 KTG 47792 b
10+ SB0378 LRB103 02786 KTG 47792 b
311 1 AN ACT concerning children.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
6-4 Section 5. The Abused and Neglected Child Reporting Act is
7-5 amended by changing Section 7.4 as follows:
8-6 (325 ILCS 5/7.4)
9-7 Sec. 7.4. (a) The Department shall be capable of receiving
10-8 reports of suspected child abuse or neglect 24 hours a day, 7
11-9 days a week. Whenever the Department receives a report
12-10 alleging that a child is a truant as defined in Section 26-2a
13-11 of the School Code, as now or hereafter amended, the
14-12 Department shall notify the superintendent of the school
15-13 district in which the child resides and the appropriate
16-14 superintendent of the educational service region. The
17-15 notification to the appropriate officials by the Department
18-16 shall not be considered an allegation of abuse or neglect
19-17 under this Act.
20-18 (a-5) The Department of Children and Family Services may
21-19 implement a "differential response program" in accordance with
22-20 criteria, standards, and procedures prescribed by rule. The
23-21 program may provide that, upon receiving a report, the
24-22 Department shall determine whether to conduct a family
25-23 assessment or an investigation as appropriate to prevent or
14+4 Section 5. The Early Intervention Services System Act is
15+5 amended by changing Section 1 as follows:
16+6 (325 ILCS 20/1) (from Ch. 23, par. 4151)
17+7 Sec. 1. Short Title. This Act may be cited as the the Early
18+8 Intervention Services System Act.
19+9 (Source: P.A. 87-680.)
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34-1 provide a remedy for child abuse or neglect.
35-2 For purposes of this subsection (a-5), "family assessment"
36-3 means a comprehensive assessment of child safety, risk of
37-4 subsequent child maltreatment, and family strengths and needs
38-5 that is applied to a child maltreatment report that does not
39-6 allege substantial child endangerment. "Family assessment"
40-7 does not include a determination as to whether child
41-8 maltreatment occurred but does determine the need for services
42-9 to address the safety of family members and the risk of
43-10 subsequent maltreatment.
44-11 For purposes of this subsection (a-5), "investigation"
45-12 means fact-gathering related to the current safety of a child
46-13 and the risk of subsequent abuse or neglect that determines
47-14 whether a report of suspected child abuse or neglect should be
48-15 indicated or unfounded and whether child protective services
49-16 are needed.
50-17 Under the "differential response program" implemented
51-18 under this subsection (a-5), the Department:
52-19 (1) Shall conduct an investigation on reports
53-20 involving substantial child abuse or neglect.
54-21 (2) Shall begin an immediate investigation if, at any
55-22 time when it is using a family assessment response, it
56-23 determines that there is reason to believe that
57-24 substantial child abuse or neglect or a serious threat to
58-25 the child's safety exists.
59-26 (3) May conduct a family assessment for reports that
23+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0378 Introduced 2/2/2023, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
24+325 ILCS 20/1 from Ch. 23, par. 4151 325 ILCS 20/1 from Ch. 23, par. 4151
25+325 ILCS 20/1 from Ch. 23, par. 4151
26+Amends the Early Intervention Services System Act. Makes a technical change in a Section concerning the short title.
27+LRB103 02786 KTG 47792 b LRB103 02786 KTG 47792 b
28+ LRB103 02786 KTG 47792 b
29+A BILL FOR
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70-1 do not allege substantial child endangerment. In
71-2 determining that a family assessment is appropriate, the
72-3 Department may consider issues, including, but not limited
73-4 to, child safety, parental cooperation, and the need for
74-5 an immediate response.
75-6 (4) Shall promulgate criteria, standards, and
76-7 procedures that shall be applied in making this
77-8 determination, taking into consideration the Safety-Based
78-9 Child Welfare Intervention System of the Department.
79-10 (5) May conduct a family assessment on a report that
80-11 was initially screened and assigned for an investigation.
81-12 In determining that a complete investigation is not
82-13 required, the Department must document the reason for
83-14 terminating the investigation and notify the local law
84-15 enforcement agency or the Illinois State Police if the local
85-16 law enforcement agency or Illinois State Police is conducting
86-17 a joint investigation.
87-18 Once it is determined that a "family assessment" will be
88-19 implemented, the case shall not be reported to the central
89-20 register of abuse and neglect reports.
90-21 During a family assessment, the Department shall collect
91-22 any available and relevant information to determine child
92-23 safety, risk of subsequent abuse or neglect, and family
93-24 strengths.
94-25 Information collected includes, but is not limited to,
95-26 when relevant: information with regard to the person reporting
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106-1 the alleged abuse or neglect, including the nature of the
107-2 reporter's relationship to the child and to the alleged
108-3 offender, and the basis of the reporter's knowledge for the
109-4 report; the child allegedly being abused or neglected; the
110-5 alleged offender; the child's caretaker; and other collateral
111-6 sources having relevant information related to the alleged
112-7 abuse or neglect. Information relevant to the assessment must
113-8 be asked for, and may include:
114-9 (A) The child's sex and age, prior reports of abuse or
115-10 neglect, information relating to developmental
116-11 functioning, credibility of the child's statement, and
117-12 whether the information provided under this paragraph (A)
118-13 is consistent with other information collected during the
119-14 course of the assessment or investigation.
120-15 (B) The alleged offender's age, a record check for
121-16 prior reports of abuse or neglect, and criminal charges
122-17 and convictions. The alleged offender may submit
123-18 supporting documentation relevant to the assessment.
124-19 (C) Collateral source information regarding the
125-20 alleged abuse or neglect and care of the child. Collateral
126-21 information includes, when relevant: (i) a medical
127-22 examination of the child; (ii) prior medical records
128-23 relating to the alleged maltreatment or care of the child
129-24 maintained by any facility, clinic, or health care
130-25 professional, and an interview with the treating
131-26 professionals; and (iii) interviews with the child's
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142-1 caretakers, including the child's parent, guardian, foster
143-2 parent, child care provider, teachers, counselors, family
144-3 members, relatives, and other persons who may have
145-4 knowledge regarding the alleged maltreatment and the care
146-5 of the child.
147-6 (D) Information on the existence of domestic abuse and
148-7 violence in the home of the child, and substance abuse.
149-8 Nothing in this subsection (a-5) precludes the Department
150-9 from collecting other relevant information necessary to
151-10 conduct the assessment or investigation. Nothing in this
152-11 subsection (a-5) shall be construed to allow the name or
153-12 identity of a reporter to be disclosed in violation of the
154-13 protections afforded under Section 7.19 of this Act.
155-14 After conducting the family assessment, the Department
156-15 shall determine whether services are needed to address the
157-16 safety of the child and other family members and the risk of
158-17 subsequent abuse or neglect.
159-18 Upon completion of the family assessment, if the
160-19 Department concludes that no services shall be offered, then
161-20 the case shall be closed. If the Department concludes that
162-21 services shall be offered, the Department shall develop a
163-22 family preservation plan and offer or refer services to the
164-23 family.
165-24 At any time during a family assessment, if the Department
166-25 believes there is any reason to stop the assessment and
167-26 conduct an investigation based on the information discovered,
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178-1 the Department shall do so.
179-2 The procedures available to the Department in conducting
180-3 investigations under this Act shall be followed as appropriate
181-4 during a family assessment.
182-5 If the Department implements a differential response
183-6 program authorized under this subsection (a-5), the Department
184-7 shall arrange for an independent evaluation of the program for
185-8 at least the first 3 years of implementation to determine
186-9 whether it is meeting the goals in accordance with Section 2 of
187-10 this Act.
188-11 The Department may adopt administrative rules necessary
189-12 for the execution of this Section, in accordance with Section
190-13 4 of the Children and Family Services Act.
191-14 The Department shall submit a report to the General
192-15 Assembly by January 15, 2018 on the implementation progress
193-16 and recommendations for additional needed legislative changes.
194-17 (b)(1) The following procedures shall be followed in the
195-18 investigation of all reports of suspected abuse or neglect of
196-19 a child, except as provided in subsection (c) of this Section.
197-20 (2) If, during a family assessment authorized by
198-21 subsection (a-5) or an investigation, it appears that the
199-22 immediate safety or well-being of a child is endangered, that
200-23 the family may flee or the child disappear, or that the facts
201-24 otherwise so warrant, the Child Protective Service Unit shall
202-25 commence an investigation immediately, regardless of the time
203-26 of day or night. All other investigations shall be commenced
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214-1 within 24 hours of receipt of the report. Upon receipt of a
215-2 report, the Child Protective Service Unit shall conduct a
216-3 family assessment authorized by subsection (a-5) or begin an
217-4 initial investigation and make an initial determination
218-5 whether the report is a good faith indication of alleged child
219-6 abuse or neglect.
220-7 (3) Based on an initial investigation, if the Unit
221-8 determines the report is a good faith indication of alleged
222-9 child abuse or neglect, then a formal investigation shall
223-10 commence and, pursuant to Section 7.12 of this Act, may or may
224-11 not result in an indicated report. The formal investigation
225-12 shall include: direct contact with the subject or subjects of
226-13 the report as soon as possible after the report is received; an
227-14 evaluation of the environment of the child named in the report
228-15 and any other children in the same environment; a
229-16 determination of the risk to such children if they continue to
230-17 remain in the existing environments, as well as a
231-18 determination of the nature, extent and cause of any condition
232-19 enumerated in such report; the name, age and condition of
233-20 other children in the environment; and an evaluation as to
234-21 whether there would be an immediate and urgent necessity to
235-22 remove the child from the environment if appropriate family
236-23 preservation services were provided. After seeing to the
237-24 safety of the child or children, the Department shall
238-25 forthwith notify the subjects of the report in writing, of the
239-26 existence of the report and their rights existing under this
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250-1 Act in regard to amendment or expungement. To fulfill the
251-2 requirements of this Section, the Child Protective Service
252-3 Unit shall have the capability of providing or arranging for
253-4 comprehensive emergency services to children and families at
254-5 all times of the day or night.
255-6 (4) If (i) at the conclusion of the Unit's initial
256-7 investigation of a report, the Unit determines the report to
257-8 be a good faith indication of alleged child abuse or neglect
258-9 that warrants a formal investigation by the Unit, the
259-10 Department, any law enforcement agency or any other
260-11 responsible agency and (ii) the person who is alleged to have
261-12 caused the abuse or neglect is employed or otherwise engaged
262-13 in an activity resulting in frequent contact with children and
263-14 the alleged abuse or neglect are in the course of such
264-15 employment or activity, then the Department shall, except in
265-16 investigations where the Director determines that such
266-17 notification would be detrimental to the Department's
267-18 investigation, inform the appropriate supervisor or
268-19 administrator of that employment or activity that the Unit has
269-20 commenced a formal investigation pursuant to this Act, which
270-21 may or may not result in an indicated report. The Department
271-22 shall also notify the person being investigated, unless the
272-23 Director determines that such notification would be
273-24 detrimental to the Department's investigation.
274-25 (c) In an investigation of a report of suspected abuse or
275-26 neglect of a child by a school employee at a school or on
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286-1 school grounds, the Department shall make reasonable efforts
287-2 to follow the following procedures:
288-3 (1) Investigations involving teachers shall not, to
289-4 the extent possible, be conducted when the teacher is
290-5 scheduled to conduct classes. Investigations involving
291-6 other school employees shall be conducted so as to
292-7 minimize disruption of the school day. The school employee
293-8 accused of child abuse or neglect may have the school
294-9 employee's superior, the school employee's association or
295-10 union representative, and the school employee's attorney
296-11 present at any interview or meeting at which the teacher
297-12 or administrator is present. The accused school employee
298-13 shall be informed by a representative of the Department,
299-14 at any interview or meeting, of the accused school
300-15 employee's due process rights and of the steps in the
301-16 investigation process. These due process rights shall also
302-17 include the right of the school employee to present
303-18 countervailing evidence regarding the accusations. In an
304-19 investigation in which the alleged perpetrator of abuse or
305-20 neglect is a school employee, including, but not limited
306-21 to, a school teacher or administrator, and the
307-22 recommendation is to determine the report to be indicated,
308-23 in addition to other procedures as set forth and defined
309-24 in Department rules and procedures, the employee's due
310-25 process rights shall also include: (i) the right to a copy
311-26 of the investigation summary; (ii) the right to review the
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322-1 specific allegations which gave rise to the investigation;
323-2 and (iii) the right to an administrator's teleconference
324-3 which shall be convened to provide the school employee
325-4 with the opportunity to present documentary evidence or
326-5 other information that supports the school employee's
327-6 position and to provide information before a final finding
328-7 is entered.
329-8 (2) If a report of neglect or abuse of a child by a
330-9 teacher or administrator does not involve allegations of
331-10 sexual abuse or extreme physical abuse, the Child
332-11 Protective Service Unit shall make reasonable efforts to
333-12 conduct the initial investigation in coordination with the
334-13 employee's supervisor.
335-14 If the Unit determines that the report is a good faith
336-15 indication of potential child abuse or neglect, it shall
337-16 then commence a formal investigation under paragraph (3)
338-17 of subsection (b) of this Section.
339-18 (3) If a report of neglect or abuse of a child by a
340-19 teacher or administrator involves an allegation of sexual
341-20 abuse or extreme physical abuse, the Child Protective Unit
342-21 shall commence an investigation under paragraph (2) of
343-22 subsection (b) of this Section.
344-23 (c-5) In any instance in which a report is made or caused
345-24 to made by a school district employee involving the conduct of
346-25 a person employed by the school district, at the time the
347-26 report was made, as required under Section 4 of this Act, the
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358-1 Child Protective Service Unit shall send a copy of its final
359-2 finding report to the general superintendent of that school
360-3 district.
361-4 (c-10) The Department may recommend that a school district
362-5 remove a school employee who is the subject of an
363-6 investigation from the school employee's employment position
364-7 pending the outcome of the investigation; however, all
365-8 employment decisions regarding school personnel shall be the
366-9 sole responsibility of the school district or employer. The
367-10 Department may not require a school district to remove a
368-11 school employee from the school employee's employment position
369-12 or limit the school employee's duties pending the outcome of
370-13 an investigation.
371-14 (d) If the Department has contact with an employer, or
372-15 with a religious institution or religious official having
373-16 supervisory or hierarchical authority over a member of the
374-17 clergy accused of the abuse of a child, in the course of its
375-18 investigation, the Department shall notify the employer or the
376-19 religious institution or religious official, in writing, when
377-20 a report is unfounded so that any record of the investigation
378-21 can be expunged from the employee's or member of the clergy's
379-22 personnel or other records. The Department shall also notify
380-23 the employee or the member of the clergy, in writing, that
381-24 notification has been sent to the employer or to the
382-25 appropriate religious institution or religious official
383-26 informing the employer or religious institution or religious
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394-1 official that the Department's investigation has resulted in
395-2 an unfounded report.
396-3 (d-1) Whenever a report alleges that a child was abused or
397-4 neglected while receiving care in a hospital, including a
398-5 freestanding psychiatric hospital licensed by the Department
399-6 of Public Health, the Department shall send a copy of its final
400-7 finding to the Director of Public Health and the Director of
401-8 Healthcare and Family Services.
402-9 (d-1.5) For the purposes of this Section, "medical
403-10 professional" means any physician, nurse practitioner,
404-11 physician assistant, nurse, resident, or subspecialist who is
405-12 not part of the child's initial care team and whose
406-13 involvement is pursuant to any contract, memorandum of
407-14 understanding, or other agreement with the Department or an
408-15 entity that is accredited by statute to collaborate with the
409-16 Department for purposes of child abuse investigations.
410-17 (d-2) In any investigation involving a medical
411-18 professional conducted in accordance with this Act, the
412-19 following protections shall be provided to the parent or
413-20 guardian of the child at the center of an investigation:
414-21 (1) The medical professional must explain to the
415-22 parent or guardian of the child, whenever the medical
416-23 professional has direct contact with the child or the
417-24 family of the child, that the medical professional is
418-25 involved for the purpose of providing an opinion to the
419-26 Department regarding whether the child's injury or
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430-1 condition is suspicious for child maltreatment. The
431-2 medical professional must explain that he or she may be
432-3 required to communicate with law enforcement and provide
433-4 court testimony. The medical professional must also
434-5 provide the child's parent or guardian with accurate
435-6 information about his or her medical specialties.
436-7 (2) In any investigation where a medical professional
437-8 is providing a medical opinion to the Department, the
438-9 Department shall inform the parent or guardian of the
439-10 child at the center of an investigation:
440-11 (A) of his or her right to request and receive a
441-12 copy of the medical professional's opinion, including
442-13 the basis for the opinion, and a copy of any written
443-14 report the medical professional has provided to the
444-15 Department;
445-16 (B) of his or her right to obtain, at his or her
446-17 own expense, and submit to the Department a second
447-18 medical opinion for consideration in the investigation
448-19 at any time prior to the conclusion of the
449-20 investigation;
450-21 (C) that any second medical opinion submitted to
451-22 the Department prior to the Department rendering a
452-23 final determination in the investigation will be
453-24 considered as inculpatory or exculpatory evidence; and
454-25 (D) of the Department's time frames for the
455-26 investigative process.
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466-1 (d-3) The Department shall annually prepare and make
467-2 available on the Department's Reports and Statistics webpage a
468-3 report on the number of investigations in which a medical
469-4 professional has provided an opinion to the Department. The
470-5 report shall not contain any personally identifiable
471-6 information about a child referred, the family members of such
472-7 a child, or the medical professional. If the number of cases in
473-8 any category of information under items (4) through (9) of
474-9 this subsection is less than 10, the Department shall not
475-10 include that information in the report. The first report must
476-11 be posted within 9 months after the effective date of this
477-12 amendatory Act of the 103rd General Assembly. The first report
478-13 and each annual report thereafter shall contain the following
479-14 information regarding cases referred by the Department to a
480-15 medical professional:
481-16 (1) The total number of abuse or neglect cases in
482-17 which a medical professional has provided an opinion to
483-18 the Department, with separate line items for:
484-19 (A) the total number of abuse and neglect cases
485-20 that the Department determined were indicated but were
486-21 appealed and the outcomes of those appeals, organized
487-22 as follows:
488-23 (i) first, by the total number of indicated
489-24 cases appealed via administrative appeal hearing
490-25 before an administrative law judge and the
491-26 outcomes of those hearings; and
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502-1 (ii) second, by the total number of cases in
503-2 which an administrative law judge's affirmance of
504-3 the indicated findings was appealed to a court and
505-4 the outcomes of the court's findings; and
506-5 (B) the total number of abuse and neglect cases
507-6 that were indicated by the Department but indicated as
508-7 to an unknown perpetrator.
509-8 (2) The total number of abuse or neglect cases
510-9 referred by the Department to a medical professional that
511-10 the Department determined were unfounded.
512-11 (3) The total number of abuse or neglect cases
513-12 referred by the Department to a medical professional in
514-13 which a petition for adjudication of wardship was filed.
515-14 (4) The total number of abuse and neglect cases
516-15 referred by the Department to a medical professional under
517-16 paragraphs (1), (2), and (3) organized by abuse
518-17 allegation.
519-18 (5) The total number of abuse and neglect cases
520-19 referred by the Department to a medical professional under
521-20 paragraphs (1), (2), and (3) organized by DCFS region.
522-21 (6) The total number of abuse and neglect cases
523-22 referred by the Department to a medical professional under
524-23 paragraphs (1), (2), and (3) organized by race of the
525-24 child.
526-25 (7) The total number of abuse and neglect cases
527-26 referred by the Department to a medical professional under
528-
529-
530-
531-
532-
533- SB0378 Engrossed - 15 - LRB103 02786 KTG 47792 b
534-
535-
536-SB0378 Engrossed- 16 -LRB103 02786 KTG 47792 b SB0378 Engrossed - 16 - LRB103 02786 KTG 47792 b
537- SB0378 Engrossed - 16 - LRB103 02786 KTG 47792 b
538-1 paragraphs (1), (2), and (3) organized by gender of the
539-2 child.
540-3 (8) The total number of abuse and neglect cases under
541-4 paragraphs (1), (2), and (3) involving children with
542-5 safety plans.
543-6 (9) The total number of abuse and neglect cases under
544-7 paragraphs (1), (2), and (3) where the child was put in
545-8 protective custody.
546-9 (e) Upon request by the Department, the Illinois State
547-10 Police and law enforcement agencies are authorized to provide
548-11 criminal history record information as defined in the Illinois
549-12 Uniform Conviction Information Act and information maintained
550-13 in the adjudicatory and dispositional record system as defined
551-14 in Section 2605-355 of the Illinois State Police Law to
552-15 properly designated employees of the Department of Children
553-16 and Family Services if the Department determines the
554-17 information is necessary to perform its duties under the
555-18 Abused and Neglected Child Reporting Act, the Child Care Act
556-19 of 1969, and the Children and Family Services Act. The request
557-20 shall be in the form and manner required by the Illinois State
558-21 Police. Any information obtained by the Department of Children
559-22 and Family Services under this Section is confidential and may
560-23 not be transmitted outside the Department of Children and
561-24 Family Services other than to a court of competent
562-25 jurisdiction or unless otherwise authorized by law. Any
563-26 employee of the Department of Children and Family Services who
564-
565-
566-
567-
568-
569- SB0378 Engrossed - 16 - LRB103 02786 KTG 47792 b
570-
571-
572-SB0378 Engrossed- 17 -LRB103 02786 KTG 47792 b SB0378 Engrossed - 17 - LRB103 02786 KTG 47792 b
573- SB0378 Engrossed - 17 - LRB103 02786 KTG 47792 b
574-
575-
576-
577-
578-
579- SB0378 Engrossed - 17 - LRB103 02786 KTG 47792 b
49+ SB0378 LRB103 02786 KTG 47792 b