Fabio
165 lines
12 KiB
Markdown
165 lines
12 KiB
Markdown
---
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type: "Bill"
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title: "DEFINED CONTRIB PLANS-PRUDENCE"
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description: "Amends the State Mandates Act. Provides that nothing in the amendatory Act shall override the process established under the provision of the School Code concerning the prohibition against unfunded mandates. Amends the Counties Code and Illinois Municipal Code to provide that beginning January 1, 2015, if a county or municipality offers a 457(b) plan to its officers, employees, or both, or makes contributions to such a plan on behalf of its officers, employees, or both, then that county or municipality, and the persons acting under its authority, must act in accordance with the prudent investor rule when making plan-related decisions. Limits the concurrent exercise of home rule powers. Amends the School Code to provide that beginning January 1, 2015, if a school board other than the Chicago Board of Education offers a 403(b) or 457(b) plan to its officers, employees, or both, or makes contributions to such a plan on behalf of its officers, employees, or both, then that school board, and the persons acting under its authority, must act in accordance with the prudent investor rule when making plan-related decisions."
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jurisdiction: "us/states/il"
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legislature: "Illinois General Assembly"
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session: "97th"
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identifier: "HB 5495"
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citation: "Illinois HB 5495 (97th)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: []
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version_count: 3
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action_count: 103
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vote_count: 4
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first_action: "2012-02-10"
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last_action: "2013-01-25"
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source: "openstates"
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source_identifier: "ocd-bill/a005feac-5fd1-4c69-9964-4cb7277c4c82"
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source_url: "http://ilga.gov/legislation/BillStatus.asp?DocNum=5495&GAID=11&DocTypeID=HB&LegId=65948&SessionID=84&GA=97"
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source_hash: "a4ba0407935b218d637599ebcac988aa7f9a0fcb289f348e7c60ad26fa9853ad"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-il"]
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---
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# Illinois HB 5495 (97th) — DEFINED CONTRIB PLANS-PRUDENCE
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Amends the State Mandates Act. Provides that nothing in the amendatory Act shall override the process established under the provision of the School Code concerning the prohibition against unfunded mandates. Amends the Counties Code and Illinois Municipal Code to provide that beginning January 1, 2015, if a county or municipality offers a 457(b) plan to its officers, employees, or both, or makes contributions to such a plan on behalf of its officers, employees, or both, then that county or municipality, and the persons acting under its authority, must act in accordance with the prudent investor rule when making plan-related decisions. Limits the concurrent exercise of home rule powers. Amends the School Code to provide that beginning January 1, 2015, if a school board other than the Chicago Board of Education offers a 403(b) or 457(b) plan to its officers, employees, or both, or makes contributions to such a plan on behalf of its officers, employees, or both, then that school board, and the persons acting under its authority, must act in accordance with the prudent investor rule when making plan-related decisions.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Introduced** (filed) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09700HB5495&GA=97&SessionId=84&DocTypeId=HB&LegID=65948&DocNum=5495&GAID=11&Session=&print=true)
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2. **Engrossed** (committee substitute) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09700HB5495eng&GA=97&SessionId=84&DocTypeId=HB&LegID=65948&DocNum=5495&GAID=11&Session=&print=true)
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3. **Enrolled** (enrolled) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09700HB5495enr&GA=97&SessionId=84&DocTypeId=HB&LegID=65948&DocNum=5495&GAID=11&Session=&print=true)
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## Votes
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- Concurrence, Amendment 5 — **80–30** (pass) · lower
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- Third Reading — **37–15** (pass) · upper
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- Concurrence — **80–30** (pass) · lower
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- Third Reading — **109–0** (pass) · lower
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## Sponsors
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- Elaine Nekritz — primary (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2012-02-10** Filed with the Clerk by Rep. Elaine Nekritz `filing`
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- **2012-02-15** First Reading `reading-1`
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- **2012-02-15** Referred to Rules Committee `referral-committee`
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- **2012-02-27** Assigned to Personnel and Pensions Committee `referral-committee`
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- **2012-03-08** Do Pass / Short Debate Personnel and Pensions Committee; 008-000-000 `committee-passage`
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- **2012-03-09** Placed on Calendar 2nd Reading - Short Debate
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- **2012-03-22** Added Chief Co-Sponsor Rep. Jack D. Franks
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- **2012-03-22** Added Chief Co-Sponsor Rep. Keith Farnham
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- **2012-03-22** Added Chief Co-Sponsor Rep. Carol A. Sente
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- **2012-03-22** Added Chief Co-Sponsor Rep. Linda Chapa LaVia
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- **2012-03-22** Remove Chief Co-Sponsor Rep. Jack D. Franks
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- **2012-03-22** Remove Chief Co-Sponsor Rep. Keith Farnham
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- **2012-03-22** Remove Chief Co-Sponsor Rep. Carol A. Sente
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- **2012-03-22** Remove Chief Co-Sponsor Rep. Linda Chapa LaVia
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- **2012-03-26** Added Co-Sponsor Rep. Lou Lang
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- **2012-03-27** Fiscal Note Requested by Rep. Ed Sullivan, Jr.
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- **2012-03-27** State Mandates Fiscal Note Requested by Rep. Ed Sullivan, Jr.
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- **2012-03-27** Home Rule Note Requested by Rep. Ed Sullivan, Jr.
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- **2012-03-27** Added Co-Sponsor Rep. Karen May
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- **2012-03-27** Second Reading - Short Debate `reading-2`
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- **2012-03-27** Held on Calendar Order of Second Reading - Short Debate `reading-2`
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- **2012-03-28** State Mandates Fiscal Note Filed
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- **2012-03-28** Home Rule Note Filed
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- **2012-03-28** Fiscal Note Filed
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- **2012-03-29** Fiscal Note Filed
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- **2012-03-29** Placed on Calendar Order of 3rd Reading - Short Debate
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- **2012-03-29** Added Co-Sponsor Rep. Sidney H. Mathias
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- **2012-03-29** Third Reading - Short Debate - Passed 109-000-000 `reading-3, passage`
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- **2012-03-30** Arrive in Senate `introduction`
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- **2012-03-30** Placed on Calendar Order of First Reading `reading-1`
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- **2012-03-30** Chief Senate Sponsor Sen. Susan Garrett
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- **2012-03-30** First Reading `reading-1`
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- **2012-03-30** Referred to Assignments `referral-committee`
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- **2012-04-11** Assigned to Pensions and Investments `referral-committee`
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- **2012-04-18** Held in Pensions and Investments
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- **2012-05-02** Postponed - Pensions and Investments
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- **2012-05-04** Rule 2-10 Committee Deadline Established As May 25, 2012
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- **2012-05-07** Alternate Chief Sponsor Changed to Sen. Don Harmon
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- **2012-05-09** Held in Pensions and Investments
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- **2012-05-10** Senate Committee Amendment No. 1 Filed with Secretary by Sen. Don Harmon `amendment-introduction`
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- **2012-05-10** Senate Committee Amendment No. 1 Referred to Assignments `referral-committee`
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- **2012-05-15** Senate Committee Amendment No. 1 Assignments Refers to Pensions and Investments
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- **2012-05-16** Senate Committee Amendment No. 1 Adopted `amendment-passage`
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- **2012-05-16** Do Pass as Amended Pensions and Investments; 007-002-000 `committee-passage`
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- **2012-05-16** Placed on Calendar Order of 2nd Reading May 17, 2012
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- **2012-05-18** Second Reading `reading-2`
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- **2012-05-18** Placed on Calendar Order of 3rd Reading May 21, 2012
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- **2012-05-22** Senate Floor Amendment No. 2 Filed with Secretary by Sen. Don Harmon `amendment-introduction`
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- **2012-05-22** Senate Floor Amendment No. 2 Referred to Assignments `referral-committee`
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- **2012-05-22** Senate Floor Amendment No. 2 Assignments Refers to Pensions and Investments
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- **2012-05-23** Senate Floor Amendment No. 2 Postponed - Pensions and Investments
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- **2012-05-25** Rule 2-10 Third Reading Deadline Established As May 31, 2012 `reading-3`
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- **2012-05-30** Senate Floor Amendment No. 3 Filed with Secretary by Sen. Don Harmon `amendment-introduction`
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- **2012-05-30** Senate Floor Amendment No. 3 Referred to Assignments `referral-committee`
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- **2012-05-30** Senate Floor Amendment No. 4 Filed with Secretary by Sen. Don Harmon `amendment-introduction`
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- **2012-05-30** Senate Floor Amendment No. 4 Referred to Assignments `referral-committee`
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- **2012-05-30** Senate Floor Amendment No. 3 Assignments Refers to Executive
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- **2012-05-30** Senate Floor Amendment No. 2 Assignments Refers to Assignments
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- **2012-05-30** Senate Floor Amendment No. 2 Assignments Refers to Executive
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- **2012-05-31** Senate Floor Amendment No. 4 Assignments Refers to Executive
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- **2012-05-31** Senate Floor Amendment No. 2 Recommend Do Adopt Executive; 011-002-000
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- **2012-05-31** Senate Floor Amendment No. 3 Recommend Do Adopt Executive; 011-002-000
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- **2012-05-31** Senate Floor Amendment No. 4 Recommend Do Adopt Executive; 011-002-000
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- **2012-07-01** Pursuant to Senate Rule 3-9(b) / Referred to Assignments `referral-committee`
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- **2012-07-01** Senate Floor Amendment No. 2 Re-referred to Assignments; Pursuant to Senate Rule 3-9(b). `referral-committee`
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- **2012-07-01** Senate Floor Amendment No. 3 Re-referred to Assignments; Pursuant to Senate Rule 3-9(b). `referral-committee`
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- **2012-07-01** Senate Floor Amendment No. 4 Re-referred to Assignments; Pursuant to Senate Rule 3-9(b). `referral-committee`
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- **2013-01-02** Approved for Consideration Assignments
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- **2013-01-02** Placed on Calendar Order of 3rd Reading January 3, 2013
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- **2013-01-02** Senate Floor Amendment No. 5 Filed with Secretary by Sen. Susan Garrett `amendment-introduction`
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- **2013-01-02** Senate Floor Amendment No. 5 Referred to Assignments `referral-committee`
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- **2013-01-02** Senate Floor Amendment No. 5 Assignments Refers to Revenue
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- **2013-01-02** Senate Floor Amendment No. 2 Be Approved for Consideration Assignments
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- **2013-01-02** Senate Floor Amendment No. 3 Be Approved for Consideration Assignments
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- **2013-01-02** Senate Floor Amendment No. 4 Be Approved for Consideration Assignments
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- **2013-01-02** Rule 2-10 Third Reading Deadline Established As January 8, 2013 `reading-3`
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- **2013-01-03** Senate Floor Amendment No. 5 Recommend Do Adopt Revenue; 006-003-000
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- **2013-01-03** Alternate Chief Sponsor Changed to Sen. Susan Garrett
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- **2013-01-03** Recalled to Second Reading `reading-2`
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- **2013-01-03** Senate Floor Amendment No. 2 Withdrawn by Sen. Don Harmon
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- **2013-01-03** Senate Floor Amendment No. 3 Withdrawn by Sen. Don Harmon
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- **2013-01-03** Senate Floor Amendment No. 4 Withdrawn by Sen. Don Harmon
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- **2013-01-03** Senate Floor Amendment No. 5 Adopted; Garrett `amendment-passage`
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- **2013-01-03** Placed on Calendar Order of 3rd Reading
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- **2013-01-03** Third Reading - Passed; 037-015-000 `reading-3, passage`
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- **2013-01-04** Arrived in House `introduction`
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- **2013-01-04** Placed on Calendar Order of Concurrence Senate Amendment(s) 1, 5
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- **2013-01-04** Chief Sponsor Changed to Rep. John E. Bradley
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- **2013-01-06** Chief Sponsor Changed to Rep. Elaine Nekritz
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- **2013-01-06** Senate Committee Amendment No. 1 Motion Filed Concur Rep. Elaine Nekritz
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- **2013-01-06** Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee `referral-committee`
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- **2013-01-06** Senate Floor Amendment No. 5 Motion Filed Concur Rep. Elaine Nekritz
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- **2013-01-06** Senate Floor Amendment No. 5 Motion to Concur Referred to Rules Committee `referral-committee`
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- **2013-01-06** Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 003-001-000
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- **2013-01-06** Senate Floor Amendment No. 5 Motion to Concur Recommends Be Adopted Rules Committee; 003-001-000
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- **2013-01-08** Senate Committee Amendment No. 1 House Concurs 080-030-001
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- **2013-01-08** Senate Floor Amendment No. 5 House Concurs 080-030-001
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- **2013-01-08** House Concurs
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- **2013-01-08** Passed Both Houses
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- **2013-01-11** Sent to the Governor `executive-receipt`
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- **2013-01-25** Governor Approved `executive-signature`
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- **2013-01-25** Effective Date January 25, 2013
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- **2013-01-25** Public Act . . . . . . . . . 97-1154 `became-law`
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/a005feac-5fd1-4c69-9964-4cb7277c4c82`. Confidence: reported (aggregated from official Illinois legislature records).
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