4-6-070 Day labor agency.

   (a)   Definitions. As used in this section:

   "Contract employer" means any person who obtains the services of one or more individuals through an agreement with a day labor agency, regardless of whether such agreement is oral or in writing.

   "Day labor" means labor or employment that is (1) irregular or occasional; and (2) not longer than the time required to complete the assignment for which the person was hired; and (3) where wage payments are made directly or indirectly by the day labor agency or the contract employer for work undertaken by one or more day laborers. The term "day labor" does not include secretarial, clerical or professional services.

   "Day laborer" means any person referred by a day labor agency to a contract employer to perform day labor or seeking such a referral.

   "Day labor agency" or "agency" means any entity engaged in providing day labor workers for a contract employer. The term does not include any not-for-profit organization.

   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, a renewal of, a regulated business license to engage in the business of day labor agency shall be accompanied by the following information:

      (1)   if the applicant owns or operates a day labor agency in any jurisdiction other than the City of Chicago, the name, address and location of such day labor agency and the applicant's disciplinary history at each such day labor agency;

      (2)   a copy of the applicant's license issued under the Illinois Day Labor Services Act;

      (3)   a statement as to whether, within five years of the date of application or renewal, the applicant has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony or criminal offense of whatever degree involving moral turpitude or dishonesty;

      (4)   a statement as to whether, within five years of the date of application or renewal, the applicant has admitted guilt in any civil or criminal proceeding in connection with the commission of any crime involving moral turpitude or dishonesty;

      (5)   a statement as to whether, within ten years of the date of application or renewal, the applicant has had any license, permit, certificate or its equivalent in any jurisdiction, which authorized such applicant to engage in the business of day care agency or its equivalent in such jurisdiction, suspended or revoked for cause.

   (c)   License issuance and renewal – Prohibited when. No regulated business license to engage in the business of day labor agency shall be issued to the following persons:

      (1)   any applicant or licensee, as applicable, who is required to hold, but does not hold, a valid license issued under the Illinois Day Labor Services Act;

      (2)   any applicant or licensee, as applicable, who, within five years of the date of application or renewal, has been convicted, in custody, under parole or under any other noncustodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony or criminal offense of whatever degree involving moral turpitude or dishonesty, unless, upon request of such person, the Commissioner determines that such person has been substantially rehabilitated to warrant the public trust. The burden of proof of substantial rehabilitation shall be on the person seeking such rehabilitation;

      (3)   any applicant or licensee, as applicable, who, within five years of the date of application or renewal, has admitted guilt in any civil or criminal proceeding in connection with the commission of any crime involving moral turpitude or dishonesty, unless, upon request of such person, the Commissioner determines that such person has been substantially rehabilitated to warrant the public trust. The burden of proof of substantial rehabilitation shall be on the person seeking such rehabilitation;

      (4)   any applicant or licensee, as applicable, who, within ten years of the date of application or renewal, has had any license, permit, certificate or its equivalent in any jurisdiction, authorizing such applicant or licensee to engage in the business of day care agency or its equivalent in such jurisdiction, suspended or revoked for cause.

   (d)   Legal duties. Each licensee engaged in the business of day labor agency shall have a duty to:

      (1)   provide toilet facilities within its place of business to accommodate the needs of day laborers using the agency;

      (2)   maintain the temperature in the area of the agency where day laborers await referral or transportation to within three degrees Fahrenheit of the temperature of the area reserved for the agency's manager or other non-day labor employees;

      (3)   obtain from the department of buildings and post on the licensed premises an occupancy placard indicating the permitted capacity of the area of the day labor agency where day laborers await referral or transportation to a contract employer;

      (4)   equip the licensed premises with benches or chairs or any combination thereof in numbers sufficient to accommodate the number of persons identified on the agency's occupancy placard required under subsection (d)(3) of this section;

      (5)   pay a day laborer for each hour such laborer works, or for each hour for which the agency receives compensation from a contract employer in relation to such day laborer, whichever number of hours is greater;

      (6)   at the time a day laborer applies for placement with a contract employer, disclose to such day laborer the cost of each item of clothing or equipment required to be used by the day laborer in connection with that placement;

      (7)   be responsible for the conduct and performance of any person who transports a day laborer from the agency to a work site, unless (i) the transporter is the Chicago Transit Authority or another component of the Regional Transportation Authority; or (ii) the day laborer provides his or her own transportation; or (iii) the transporter is selected exclusively by and at the sole choice of the day laborer without mandatory direction from the day labor agency and such transporter is paid by the day laborer for transportation in a vehicle not owned or operated by the day labor agency;

      (8)   if the day labor agency refers a day laborer to a public passenger vehicle licensee for transportation, ensure that the vehicle and its operator are in compliance with Chapter 9-112 of this Code and all regulations promulgated thereunder. Provided, however, that informing a day laborer of the availability of a car pool driven by another day laborer shall not be considered a referral by the agency. Provided further, that directing the day laborer to accept a specific car pool as a condition of work shall be considered to be a referral. Any mention or discussion of the cost of the car pool shall also be considered a referral by the agency;

      (9)   post in a conspicuous location a sign in English, Polish and Spanish, describing the rights and obligations of the agency and day laborers. The content of such sign and description shall be determined by the commissioner;

      (10)   comply with the Chicago Human Rights Ordinance, Chapter 6-10 of this Code, in connection with every decision and action of the day labor agency affecting the selection, hiring, assignment, compensation, retention and all other conditions of employment of day laborers;

      (11)   create an accurate record of each transaction by which a day laborer was sent to a contract employer. Such record shall include (i) the name of the day laborer and the date of the transaction; (ii) the address of the day laborer; (iii) the race and gender of the day laborer, as provided by the laborer; (iv) the name, address and telephone number of the contract employer; (v) the name and title of the individual at the contractor employer's place of business responsible for the transaction; (vi) the type of work to be performed by the day laborer; (vii) any specific qualifications or attributes of a day laborer, requested by the contract employer; (viii) the hourly rate of pay to the day laborer; (ix) the compensation payable by the contract employer to the agency; (x) the number of hours worked by the day laborer; (xi) actual deductions from the day laborer's compensation made either by the contract employer or by the agency for the day laborer's transportation, food, equipment, withheld income tax, withheld social security payments and every other deduction; (xii) the nature, brand and unit price of any equipment given to the day laborer and a listing of all fees, taxes or other items for which a deduction is taken from the laborer's pay; (xiii) the number of hours to be worked by the day laborer; and (xiv) any additional information required by regulations issued by the department;

      (12)   maintain all records under subsection (d)(11) of this section for a period of five years from the date of their creation, and, upon request by any authorized city official, make such records available for inspection during normal business hours by such authorized city official;

      (13)   upon demand by any individual day laborer, make such individual's records within the meaning of subsection (d)(11) of this section available to such day laborer, during normal business hours, for inspection by such day laborer;

      (14)   provide to each day laborer a work ticket, signed by an employee of the agency when the day laborer is dispatched from the agency office. If the day laborer is not placed with a contract employer for that day, the agency shall provide the day laborer with a confirmation signed by an employee of the agency, which shall include the items described in items (i), (ii) and (xiv) of subsection (d)(11) of this section, plus the time that the day laborer receives such confirmation. If the day laborer is placed with a contract employer, the ticket shall include the information described in subsections (i), (iv), (vi), (viii), (xii), (xiii) and (xiv) of subsection (d)(11) of this section, plus the time the day laborer is dispatched to the contract employer and the time of return. If the day laborer returns to the agency at the conclusion of the work day, the agency shall add items (x) and (xi) to the ticket. If the day laborer has a regular assignment where he or she goes directly to the work site, and is not required to appear at the day labor agency, the day labor agency shall coordinate with the work site supervisor to provide the day laborer, upon request, a copy of the record kept at the work site of the hours worked by the day laborer.

   (e)   Prohibited acts. It shall be unlawful for any licensee engaged in the business of day labor agency to:

      (1)   charge a day laborer for use of the agency's toilet facilities;

      (2)   charge, or to allow a contract employer to charge, a day laborer for transportation to or from the contract employer's work site;

      (3)   charge a day laborer for the use of any item of clothing or equipment that is returnable to the agency;

      (4)   require, as a condition of placing a day laborer with a contract employer, that the day laborer purchase or rent from the agency or from the contract employer any item of clothing or equipment, if the employee has in his possession substantially equivalent clothing or equipment;

      (5)   charge a laborer for any item of equipment or clothing that he or she returns to the agency by the end of the next business day and in a usable condition;

      (6)   charge a worker for any disposable item of equipment;

      (7)   make any false, inaccurate or incomplete entry into any record required under subsection (d)(11) or (d)(14) of this section or to delete required information from any such record.

(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 11-8-12, p. 38872, § 54; Amend Coun. J. 4-27-22, p. 46382, § 17; Amend Coun. J. 4-19-23, p. 62651, § 3)

ARTICLE VIII. ADULT FAMILY CARE CENTER (4-6-080 et seq.)

4-6-080 Adult family care center.

   (a)   Definitions. As used in this section:

   "Activities of daily living" means functions and tasks for self-care, including, but not limited to, eating, bathing, grooming, dressing, ambulating and other similar tasks.

   "Adult family care center" or "center" means a dwelling unit, as defined in Section 17-17-0248, that is owned or rented for the purpose of providing three or more adults, ages 55 or older, with room, board and personal care on a 24-hour basis. The term "adult family care center" does not include (1) any hospital, institution or similar place operated by the federal, state or local government; (2) any entity licensed by the State of Illinois as (i) a long term care facility; (ii) a hospital or sanitarium; (iii) a community living facility; (iv) a community-integrated living arrangement; (v) a life care facility; (vi) a hospice; (vii) a shared housing establishment; or (viii) an assisted living establishment; (3) a single-room occupancy unit or bed-and-breakfast establishment licensed by the City; or (4) any arrangement whereby a person who owns or rents a home or dwelling unit provides room, board and personal services only to his or her relatives.

   "Personal services" or "personal care" means individual assistance with or supervision of the activities of daily living and the self-administration of medication and other similar services.

   "Relative" means any person related to the licensee by blood, marriage, legal adoption or guardianship.

   "Resident(s)" means any person, who is not a relative of the licensee, who receives room, board and personal care in an adult family care center.

   "Self-administration of medicine" means and includes, but is not limited to, reminding a resident to take medication; reading the medication label to a resident; checking the medication dosage against the label; confirming that a resident has obtained and is taking the dosage as prescribed; documenting, in writing, that a resident has taken or refused to take the medication; and, if a resident is unable to open the medication container, opening the container for such resident.

   "Semi-private room" means a room occupied by no more than two residents at any given time.

   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of adult family care center shall be accompanied by the following information:

      (1)   proof that the applicant or licensee, as applicable, owns or leases the premises in which the facility will be located;

      (2)   the location of the facility;

      (3)   the total number of residents that will be housed at the facility at any given time;

      (4)   the name and address of the person(s) responsible for supervising or managing the facility;

      (5)   proof of fingerprinting, as required under subsection (e)(1) of this section;

      (6)   proof of insurance, as required under subsection (e)(2) of this section;

      (7)   a statement as to whether, within ten years of the date of application or renewal, (i) the applicant, or (ii) any controlling person, or (iii) any member of the applicant’s household residing at the center who is 18 years of age or older, or (iv) any manager or supervisor at the center has ever been convicted, in custody, under parole or under any other noncustodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony of any type or a criminal offense of whatever degree involving neglect or abuse of an elderly person, domestic violence, drugs or narcotics (other than a minor cannabis offense), violence, fraud, theft, personal dishonesty, deception or forgery;

      (8)   proof that the licensee holds a valid certificate of registration in food handling and sanitation issued by the department of health;

      (9)   any other information required by rules duly promulgated by the Commissioner of Public Health.

   (c)   Departmental duties – Inspections.

      (1)   The commissioner of the department of business affairs and consumer protection shall have the following duties: (i) upon receipt by the department of any application for a regulated business license to engage in the business of adult family care center, to forward such application to the department of health; and (ii) upon issuance of a regulated business license to engage in the business of adult family care center, to so notify the alderman of the affected ward.

      (2)   The Commissioner of Public Health shall notify the Commissioner of Business Affairs and Consumer Protection if the Commissioner of Public Health orders an adult family center closed.

      (3)   The: (i) department of health and department of family and support services, and (ii) either the fire department or department of buildings, pursuant to a coordinated inspection schedule, shall conduct annual inspections of every adult family care center licensed or required to be licensed under this section. If, within the 12-month period prior to the date of any inspection required under this section, the adult family care center was inspected either by the fire department or department of buildings in connection with a permit inspection, periodic inspection, code compliance inspection or certificate of occupancy, such inspection shall be deemed to meet the applicable inspection requirement in item (ii) of this subsection (c)(3) and in subsection (d)(4).

      (4)   In addition to the inspections mandated in subsection (c)(3), the department of health, department of family and support services, fire department and department of buildings are authorized to conduct such additional inspections as they deem necessary to maintain health and safety.

   (d)   License issuance and renewal – Prohibited when. No regulated business license to engage in the business of adult family care center shall be issued to:

      (1)   any applicant or licensee, as applicable, who does not own or lease the premises in which the center will be located;

      (2)   any applicant or licensee, as applicable, who has been previously licensed by the city and whose city license has been revoked for cause at any time within two years of the date of application or renewal;

      (3)   any applicant or licensee, as applicable, if, within ten years of the date of application or renewal, the applicant or licensee, or any controlling person, or any member of the applicant’s household residing at the center who is 18 years of age or older, or any manager or supervisor at the center has ever been convicted, in custody, under parole or under any other noncustodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony of any type or a criminal offense of whatever degree involving neglect or abuse of an elderly person, domestic violence, drugs or narcotics (other than a minor cannabis offense), violence, fraud, theft, personal dishonesty, deception or forgery;

      (4)   any applicant or licensee, as applicable, unless, prior to issuance of any initial license, the premises identified in the license application are inspected in accordance with subsection (c)(3) to determine whether the adult family care center is in compliance with the requirements of this Code and any rules promulgated thereunder pertaining, respectively, to health, sanitation, fire prevention and the building provisions of this Code;

      (5)   any applicant or licensee, as applicable, unless such person holds a valid certificate of registration in food handling and sanitation issued by the department of health.

   (e)   Legal duties. Each licensee engaged in the business of adult family care center shall have a duty to:

      (1)   submit to fingerprinting, in accordance with rules and regulations promulgated by the commissioner. The following persons shall be fingerprinted: (i) the applicant or licensee, as applicable; (ii) any controlling person, (iii) any member of the applicant's household residing at the center who is 18 years of age or older, and (iv) any manager or supervisor at the center;

      (2)   obtain commercial general liability insurance, with limits of not less than $300,000.00 per occurrence, for bodily injury, personal injury and property damage arising in any way from the issuance of the license or activities conducted pursuant to the license. The policy of insurance required under this section shall: (i) be issued by an insurer authorized to insure in Illinois; (ii) name the City of Chicago as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the licensee's operations; and (iii) include a provision requiring 30 days' advance notice to the commissioner prior to cancellation or lapse of the policy. The licensee shall maintain the insurance required under this subsection in full force and effect throughout the duration of the license period. Proof of insurance shall be kept on the licensed premises, and, upon request by any authorized city official, shall be made available for inspection by such authorized city official. A single violation of this subsection may result in license revocation in accordance with Section 4-4-280;

      (3)   provide all residents of the center with the following: (i) room and board; (ii) assistance necessary to perform the activities of daily living; (iii) assistance necessary for the self-administration of medicine; (iv) supervision of residents; (v) social and leisure activities for residents; (vi) any service required to be provided in duly promulgated rules issued by the Commissioner of Public Health for the health and well-being of residents; (vii) a private or semi-private room for each resident, with access to common areas; and (viii) on-site personnel, sufficient in numbers and training, to assist and supervise residents at all times that the center is operating;

      (4)   equip the center with cooling and dehumidification equipment in accordance with Section 14X-8-803.2; monitor the interior temperature and humidity level in all living quarters, dining areas, bathrooms, common rooms and connecting corridors on a regular basis; and operate the equipment in accordance with Section 14X-8-803.6;

      (5)   maintain records to show proof, satisfactory to the commissioner, that the licensee, all controlling persons, every member of the applicant's household residing at the center who is 18 years of age or older, and every employee, supervisor and caregiver working at the center does not have a criminal background or history of offenses of the type set forth in subsection (d)(3) of this section; and to immediately notify the department of health, if any such person has admitted to, been found liable of, or been convicted of, any such offense;

      (6)   maintain a legally enforceable, written agreement with each resident of the center setting forth the term of occupancy and services to be provided to such resident, as well as any additional terms or conditions set forth in duly promulgated rules issued by the Commissioner of Public Health or Commissioner of Business Affairs and Consumer Protection;

      (7)   submit any reports to the Department of Public Health as such department may from time to time require, as set forth in rules duly promulgated by the Commissioner of Public Health;

      (8)   hold a valid certificate of registration in food handling and sanitation issued by the department of health.

   (f)   Prohibited acts. It shall be unlawful for any licensee engaged in the business of adult family care facility to:

      (1)   operate an adult family care facility on premises that the licensee does not own or lease.

   (g)   Enforcement – Rules. The Commissioner of Public Health is authorized to adopt and enforce reasonable rules relating to the operation and conduct of adult family care facilities. Such rules may include, but are not limited to, the following: (i) the terms and conditions of the written agreement required under subsection (e)(6) of this section; (ii) public health and safety issues; (iii) qualifications, training standards and responsibilities of licensees and staff; (iv) criteria and procedures for determining the appropriateness of a resident's placement and continued residency in an adult family care center; and (v) procedures for providing notice and assuring the least possible disruption of residents' lives when residents are relocated, or an adult family care center is closed, or the ownership of an adult family care center is transferred to another person. In addition, the Commissioner of Public Health may adopt and enforce all existing and future laws and regulations adopted by the State of Illinois that relate to the operation of adult family care facilities to the extent that such regulation is permitted under the home rule powers of the City.

   (h)   Penalty. In addition to any other penalty provided by law, any person who violates any requirement of this section or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $300.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 56; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 2; Amend Coun. J. 5-18-16, p. 24131, § 5; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 2; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 1; Amend Coun. J. 11-26-19, p. 11547, § 3; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 4; Amend Coun. J. 6-22-22, p. 49372, § 1)

ARTICLE IX. ASSISTED LIVING ESTABLISHMENT (4-6-090 et seq.)

4-6-090 Assisted living establishment.

   (a)   Definitions. As used in this section:

   "Assisted Living and Shared Housing Act" or "Act" means the Assisted Living and Shared Housing Act, codified at 210 ILCS 9/1, et seq.

   "Assisted living establishment" shall have the meaning set forth in the Act.

   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of assisted living establishment shall be accompanied by the following information:

      (1)   the location of the establishment;

      (2)   the total number of residents that will be housed at the establishment at any given time;

      (3)   the level of care that will be provided at the establishment;

      (4)   the name and address of the person(s) responsible for administering, supervising or managing the establishment;

      (5)   proof that the applicant or licensee, as applicable, is properly licensed by the State of Illinois to engage in the business of assisted living establishment;

      (6)   any other information required by rules and duly promulgated by the Commissioner of Public Health.

   (c)   Departmental duties – Inspections.

      (1)   The commissioner of the department of business affairs and consumer protection shall have the following duties: (i) upon receipt by the department of any application for a regulated business license to engage in the business of assisted living establishment, to forward such application to the department of health; and (ii) upon issuance of a regulated business license to engage in the business of assisted living establishment, to so notify the alderman of the affected ward.

      (2)   The Commissioner of Public Health shall notify the Commissioner of business Affairs and Consumer Protection if the Commissioner of Public Health orders any assisted living establishment closed.

      (3)   The: (i) department of health, and (ii) either the fire department or department of buildings, pursuant to a coordinated inspection schedule, shall conduct bi-annual inspections of every assisted living establishment licensed or required to be licensed under this section. If, within the 12-month period prior to the date of any inspection required under this section, the assisted living establishment was inspected either by the fire department or department of buildings in connection with a permit inspection, periodic inspection, code compliance inspection or certificate of occupancy, such inspection shall be deemed to meet the applicable inspection requirement set forth in item (ii) of this subsection (c)(3) and in subsection (d)(2).

      (4)   In addition to the inspections mandated in subsection (c)(3), the department of health, department of family and support services, fire department and department of buildings are authorized to conduct such additional inspections as they deem necessary to maintain health and safety.

   (d)   License issuance and renewal – Prohibited when. No regulated business license to engage in the business of assisted living establishment shall be issued to the following persons:

      (1)   any applicant or licensee, as applicable, that is not properly licensed by the State of Illinois to engage in the business of assisted living establishment;

      (2)   any applicant or licensee, as applicable, unless, prior to issuance of any initial license to engage in the business of assisted living establishment, the establishment identified in the license application is inspected in accordance with subsection (c)(3) to determine whether the establishment is in compliance with the requirements of this Code and any rules promulgated thereunder pertaining, respectively, to health, sanitation, fire prevention and the building provisions of this Code.

   (e)   Legal duties. Each licensee engaged in the business of assisted living establishment shall have a duty to:

      (1)   comply with the minimum requirements and standards applicable to assisted living establishments, as set forth in the Assisted Living and Shared Housing Establishment Act, and all rules and regulations promulgated thereunder applicable to assisted living establishments. The Assisted Living and Shared Housing Establishment Act, and all such applicable rules and regulations promulgated thereunder, shall be incorporated herein and shall hereby be made a part of this section;

      (2)   comply with any rules adopted by the Commissioner of Public Health relating to the operation and conduct of any assisted living establishment licensed or required to be licensed under this chapter;

      (3)   equip the establishment with cooling and dehumidification equipment in accordance with Section 14X-8-803.2; monitor the interior temperature and humidity level in all living quarters, dining areas, bathrooms, common rooms and connecting corridors on a regular basis; and operate the equipment in accordance with Section 14X-8-803.6;

      (4)   submit any reports to the Department of Public Health as such department may from time to time require, as set forth in rules duly promulgated by the Commissioner of Public Health. All such reports shall be made on forms provided by the Department of Public Health and shall be verified for truthfulness and accuracy and signed by the chief physician or administrator of such establishment.

   (f)   Enforcement – Rules. The Commissioner of Public Health is authorized to adopt and enforce reasonable rules relating to the operation and conduct of assisted living establishments. Such rules (i) shall include all minimum requirements and standards for assisted living establishments set forth in the Assisted Living and Shared Housing Establishment Act and all rules and regulations applicable to assisted living establishments promulgated under such Act; and (ii) may include additional rules relating to the operation and conduct of assisted living establishments, including, but not limited to, rules to address public health and safety issues, to the extent that such additional rules are permitted under the home rule powers of the City.

   (g)   Penalty. In addition to any other penalty provided by law, any person who violates any requirement of this section or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $300.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 57; Amend Coun. J. 5-18-16, p. 24131, § 6; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 2; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 5; Amend Coun. J. 6-22-22, p. 49372, § 2)