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91_SB1882
LRB9113108DHmb
1 AN ACT concerning railroad pedestrian walkways.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Motor Fuel Tax Law is amended by changing
5 Section 8 as follows:
6 (35 ILCS 505/8) (from Ch. 120, par. 424)
7 Sec. 8. Except as provided in Sections 8a and 13a.6 and
8 items 13, 14, 15, and 16 of Section 15, all money received by
9 the Department under this Act, including payments made to the
10 Department by member jurisdictions participating in the
11 International Fuel Tax Agreement, shall be deposited in a
12 special fund in the State treasury, to be known as the "Motor
13 Fuel Tax Fund", and shall be used as follows:
14 (a) 2 1/2 cents per gallon of the tax collected on
15 special fuel under paragraph (b) of Section 2 and Section 13a
16 of this Act shall be transferred to the State Construction
17 Account Fund in the State Treasury;
18 (b) $420,000 shall be transferred each month to the
19 State Boating Act Fund to be used by the Department of
20 Natural Resources for the purposes specified in Article X of
21 the Boat Registration and Safety Act;
22 (c) $2,250,000 shall be transferred each month to the
23 Grade Crossing Protection Fund to be used as follows: not
24 less than $6,000,000 each fiscal year shall be used for the
25 construction or reconstruction of rail highway grade
26 separation structures; beginning with fiscal year 1997 and
27 ending in fiscal year 2003, $1,500,000, and $750,000 in
28 fiscal year 2004 and each fiscal year thereafter shall be
29 transferred to the Transportation Regulatory Fund and shall
30 be accounted for as part of the rail carrier portion of such
31 funds and shall be used to pay the cost of administration of
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1 the Illinois Commerce Commission's railroad safety program in
2 connection with its duties under subsection (3) of Section
3 18c-7401 of the Illinois Vehicle Code, with the remainder to
4 be used by the Department of Transportation upon order of the
5 Illinois Commerce Commission, to pay that part of the cost
6 apportioned by such Commission to the State to cover the
7 interest of the public in the use of pedestrian walkways, or
8 highways, roads or streets in the county highway system,
9 township and district road system or municipal street system
10 as defined in the Illinois Highway Code, as the same may from
11 time to time be amended, for separation of grades, for
12 installation, construction or reconstruction of crossing
13 protection or reconstruction, alteration, relocation
14 including construction or improvement of any existing highway
15 necessary for access to property or improvement of any grade
16 crossing including the necessary highway approaches thereto
17 of any railroad across the highway or public road, or for the
18 separation of grades installation, construction,
19 reconstruction, or maintenance of a pedestrian walkway over
20 or under a railroad right-of-way, as provided for in and in
21 accordance with Section 18c-7401 of the Illinois Vehicle
22 Code. In entering orders for projects for which payments
23 from the Grade Crossing Protection Fund will be made, the
24 Commission shall account for expenditures authorized by the
25 orders on a cash rather than an accrual basis. For purposes
26 of this requirement an "accrual basis" assumes that the total
27 cost of the project is expended in the fiscal year in which
28 the order is entered, while a "cash basis" allocates the cost
29 of the project among fiscal years as expenditures are
30 actually made. To meet the requirements of this subsection,
31 the Illinois Commerce Commission shall develop annual and
32 5-year project plans of rail crossing capital improvements
33 that will be paid for with moneys from the Grade Crossing
34 Protection Fund. The annual project plan shall identify
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1 projects for the succeeding fiscal year and the 5-year
2 project plan shall identify projects for the 5 directly
3 succeeding fiscal years. The Commission shall submit the
4 annual and 5-year project plans for this Fund to the
5 Governor, the President of the Senate, the Senate Minority
6 Leader, the Speaker of the House of Representatives, and the
7 Minority Leader of the House of Representatives on the first
8 Wednesday in April of each year;
9 (d) of the amount remaining after allocations provided
10 for in subsections (a), (b) and (c), a sufficient amount
11 shall be reserved to pay all of the following:
12 (1) the costs of the Department of Revenue in
13 administering this Act;
14 (2) the costs of the Department of Transportation
15 in performing its duties imposed by the Illinois Highway
16 Code for supervising the use of motor fuel tax funds
17 apportioned to municipalities, counties and road
18 districts;
19 (3) refunds provided for in Section 13 of this Act
20 and under the terms of the International Fuel Tax
21 Agreement referenced in Section 14a;
22 (4) from October 1, 1985 until June 30, 1994, the
23 administration of the Vehicle Emissions Inspection Law,
24 which amount shall be certified monthly by the
25 Environmental Protection Agency to the State Comptroller
26 and shall promptly be transferred by the State
27 Comptroller and Treasurer from the Motor Fuel Tax Fund to
28 the Vehicle Inspection Fund, and beginning July 1, 1994,
29 and until December 31, 2000, one-twelfth of $25,000,000
30 each month for the administration of the Vehicle
31 Emissions Inspection Law of 1995, to be transferred by
32 the State Comptroller and Treasurer from the Motor Fuel
33 Tax Fund into the Vehicle Inspection Fund;
34 (5) amounts ordered paid by the Court of Claims;
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1 and
2 (6) payment of motor fuel use taxes due to member
3 jurisdictions under the terms of the International Fuel
4 Tax Agreement. The Department shall certify these
5 amounts to the Comptroller by the 15th day of each month;
6 the Comptroller shall cause orders to be drawn for such
7 amounts, and the Treasurer shall administer those amounts
8 on or before the last day of each month;
9 (e) after allocations for the purposes set forth in
10 subsections (a), (b), (c) and (d), the remaining amount shall
11 be apportioned as follows:
12 (1) Until January 1, 2000, 58.4%, and beginning
13 January 1, 2000, 45.6% shall be deposited as follows:
14 (A) 37% into the State Construction Account
15 Fund, and
16 (B) 63% into the Road Fund, $1,250,000 of
17 which shall be reserved each month for the
18 Department of Transportation to be used in
19 accordance with the provisions of Sections 6-901
20 through 6-906 of the Illinois Highway Code;
21 (2) Until January 1, 2000, 41.6%, and beginning
22 January 1, 2000, 54.4% shall be transferred to the
23 Department of Transportation to be distributed as
24 follows:
25 (A) 49.10% to the municipalities of the State,
26 (B) 16.74% to the counties of the State having
27 1,000,000 or more inhabitants,
28 (C) 18.27% to the counties of the State having
29 less than 1,000,000 inhabitants,
30 (D) 15.89% to the road districts of the State.
31 As soon as may be after the first day of each month the
32 Department of Transportation shall allot to each municipality
33 its share of the amount apportioned to the several
34 municipalities which shall be in proportion to the population
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1 of such municipalities as determined by the last preceding
2 municipal census if conducted by the Federal Government or
3 Federal census. If territory is annexed to any municipality
4 subsequent to the time of the last preceding census the
5 corporate authorities of such municipality may cause a census
6 to be taken of such annexed territory and the population so
7 ascertained for such territory shall be added to the
8 population of the municipality as determined by the last
9 preceding census for the purpose of determining the allotment
10 for that municipality. If the population of any municipality
11 was not determined by the last Federal census preceding any
12 apportionment, the apportionment to such municipality shall
13 be in accordance with any census taken by such municipality.
14 Any municipal census used in accordance with this Section
15 shall be certified to the Department of Transportation by the
16 clerk of such municipality, and the accuracy thereof shall be
17 subject to approval of the Department which may make such
18 corrections as it ascertains to be necessary.
19 As soon as may be after the first day of each month the
20 Department of Transportation shall allot to each county its
21 share of the amount apportioned to the several counties of
22 the State as herein provided. Each allotment to the several
23 counties having less than 1,000,000 inhabitants shall be in
24 proportion to the amount of motor vehicle license fees
25 received from the residents of such counties, respectively,
26 during the preceding calendar year. The Secretary of State
27 shall, on or before April 15 of each year, transmit to the
28 Department of Transportation a full and complete report
29 showing the amount of motor vehicle license fees received
30 from the residents of each county, respectively, during the
31 preceding calendar year. The Department of Transportation
32 shall, each month, use for allotment purposes the last such
33 report received from the Secretary of State.
34 As soon as may be after the first day of each month, the
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1 Department of Transportation shall allot to the several
2 counties their share of the amount apportioned for the use of
3 road districts. The allotment shall be apportioned among the
4 several counties in the State in the proportion which the
5 total mileage of township or district roads in the respective
6 counties bears to the total mileage of all township and
7 district roads in the State. Funds allotted to the respective
8 counties for the use of road districts therein shall be
9 allocated to the several road districts in the county in the
10 proportion which the total mileage of such township or
11 district roads in the respective road districts bears to the
12 total mileage of all such township or district roads in the
13 county. After July 1 of any year, no allocation shall be
14 made for any road district unless it levied a tax for road
15 and bridge purposes in an amount which will require the
16 extension of such tax against the taxable property in any
17 such road district at a rate of not less than either .08% of
18 the value thereof, based upon the assessment for the year
19 immediately prior to the year in which such tax was levied
20 and as equalized by the Department of Revenue or, in DuPage
21 County, an amount equal to or greater than $12,000 per mile
22 of road under the jurisdiction of the road district,
23 whichever is less. If any road district has levied a special
24 tax for road purposes pursuant to Sections 6-601, 6-602 and
25 6-603 of the Illinois Highway Code, and such tax was levied
26 in an amount which would require extension at a rate of not
27 less than .08% of the value of the taxable property thereof,
28 as equalized or assessed by the Department of Revenue, or, in
29 DuPage County, an amount equal to or greater than $12,000 per
30 mile of road under the jurisdiction of the road district,
31 whichever is less, such levy shall, however, be deemed a
32 proper compliance with this Section and shall qualify such
33 road district for an allotment under this Section. If a
34 township has transferred to the road and bridge fund money
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1 which, when added to the amount of any tax levy of the road
2 district would be the equivalent of a tax levy requiring
3 extension at a rate of at least .08%, or, in DuPage County,
4 an amount equal to or greater than $12,000 per mile of road
5 under the jurisdiction of the road district, whichever is
6 less, such transfer, together with any such tax levy, shall
7 be deemed a proper compliance with this Section and shall
8 qualify the road district for an allotment under this
9 Section.
10 In counties in which a property tax extension limitation
11 is imposed under the Property Tax Extension Limitation Law,
12 road districts may retain their entitlement to a motor fuel
13 tax allotment if, at the time the property tax extension
14 limitation was imposed, the road district was levying a road
15 and bridge tax at a rate sufficient to entitle it to a motor
16 fuel tax allotment and continues to levy the maximum
17 allowable amount after the imposition of the property tax
18 extension limitation. Any road district may in all
19 circumstances retain its entitlement to a motor fuel tax
20 allotment if it levied a road and bridge tax in an amount
21 that will require the extension of the tax against the
22 taxable property in the road district at a rate of not less
23 than 0.08% of the assessed value of the property, based upon
24 the assessment for the year immediately preceding the year in
25 which the tax was levied and as equalized by the Department
26 of Revenue or, in DuPage County, an amount equal to or
27 greater than $12,000 per mile of road under the jurisdiction
28 of the road district, whichever is less.
29 As used in this Section the term "road district" means
30 any road district, including a county unit road district,
31 provided for by the Illinois Highway Code; and the term
32 "township or district road" means any road in the township
33 and district road system as defined in the Illinois Highway
34 Code. For the purposes of this Section, "road district" also
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1 includes park districts, forest preserve districts and
2 conservation districts organized under Illinois law and
3 "township or district road" also includes such roads as are
4 maintained by park districts, forest preserve districts and
5 conservation districts. The Department of Transportation
6 shall determine the mileage of all township and district
7 roads for the purposes of making allotments and allocations
8 of motor fuel tax funds for use in road districts.
9 Payment of motor fuel tax moneys to municipalities and
10 counties shall be made as soon as possible after the
11 allotment is made. The treasurer of the municipality or
12 county may invest these funds until their use is required and
13 the interest earned by these investments shall be limited to
14 the same uses as the principal funds.
15 (Source: P.A. 90-110, eff. 7-14-97; 90-655, eff. 7-30-98;
16 90-659, eff. 1-1-99; 90-691, eff. 1-1-99; 91-37, eff. 7-1-99;
17 91-59, eff. 6-30-99; 91-173, eff. 1-1-00; 91-357, eff.
18 7-29-99; revised 8-23-99.)
19 Section 10. The Illinois Vehicle Code is amended by
20 changing Section 18c-7401 as follows:
21 (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
22 Sec. 18c-7401. Safety Requirements for Track,
23 Facilities, and Equipment.
24 (1) General Requirements. Each rail carrier shall,
25 consistent with rules, orders, and regulations of the Federal
26 Railroad Administration, construct, maintain, and operate all
27 of its equipment, track, and other property in this State in
28 such a manner as to pose no undue risk to its employees or
29 the person or property of any member of the public.
30 (2) Adoption of Federal Standards. The track safety
31 standards and accident/incident standards promulgated by the
32 Federal Railroad Administration shall be safety standards of
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1 the Commission. The Commission may, in addition, adopt by
2 reference in its regulations other federal railroad safety
3 standards, whether contained in federal statutes or in
4 regulations adopted pursuant to such statutes.
5 (3) Railroad Crossings. No public road, highway, or
6 street shall hereafter be constructed across the track of any
7 rail carrier at grade, nor shall the track of any rail
8 carrier be constructed across a public road, highway or
9 street at grade, without having first secured the permission
10 of the Commission; provided, that this Section shall not
11 apply to the replacement of lawfully existing roads, highways
12 and tracks. No public pedestrian bridge or subway shall be
13 constructed across the track of any rail carrier without
14 having first secured the permission of the Commission. The
15 Commission shall have the right to refuse its permission or
16 to grant it upon such terms and conditions as it may
17 prescribe. The Commission shall have power to determine and
18 prescribe the manner, including the particular point of
19 crossing, and the terms of installation, operation,
20 maintenance, use and protection of each such crossing.
21 The Commission shall also have power, after a hearing, to
22 require major alteration of or to abolish any crossing,
23 heretofore or hereafter established, when in its opinion, the
24 public safety requires such alteration or abolition, and,
25 except in cities, villages and incorporated towns of
26 1,000,000 or more inhabitants, to vacate and close that part
27 of the highway on such crossing altered or abolished and
28 cause barricades to be erected across such highway in such
29 manner as to prevent the use of such crossing as a highway,
30 when, in the opinion of the Commission, the public
31 convenience served by the crossing in question is not such as
32 to justify the further retention thereof; or to require a
33 separation of grades, at railroad-highway grade such
34 crossings; or to require a separation of grades at any
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1 proposed crossing where a proposed public highway may cross
2 the tracks of any rail carrier or carriers; and to prescribe,
3 after a hearing of the parties, the terms upon which such
4 separations shall be made and the proportion in which the
5 expense of the alteration or abolition of such crossings or
6 the separation of such grades, having regard to the benefits,
7 if any, accruing to the rail carrier or any party in
8 interest, shall be divided between the rail carrier or
9 carriers affected, or between such carrier or carriers and
10 the State, county, municipality or other public authority in
11 interest. However, a public hearing by the Commission to
12 abolish a crossing shall not be required when the public
13 highway authority in interest vacates the highway. In such
14 instance the rail carrier, following notification to the
15 Commission and the highway authority, shall remove any grade
16 crossing warning devices and the grade crossing surface.
17 The Commission shall also have power by its order to
18 require the reconstruction, minor alteration, minor
19 relocation or improvement of any crossing (including the
20 necessary highway approaches thereto) of any railroad across
21 any highway or public road, pedestrian bridge, or pedestrian
22 subway, whether such crossing be at grade or by overhead
23 structure or by subway, whenever the Commission finds after a
24 hearing or without a hearing as otherwise provided in this
25 paragraph that such reconstruction, alteration, relocation or
26 improvement is necessary to preserve or promote the safety or
27 convenience of the public or of the employees or passengers
28 of such rail carrier or carriers. By its original order or
29 supplemental orders in such case, the Commission may direct
30 such reconstruction, alteration, relocation, or improvement
31 to be made in such manner and upon such terms and conditions
32 as may be reasonable and necessary and may apportion the cost
33 of such reconstruction, alteration, relocation or improvement
34 and the subsequent maintenance thereof, having regard to the
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1 benefits, if any, accruing to the railroad or any party in
2 interest, between the rail carrier or carriers and public
3 utilities affected, or between such carrier or carriers and
4 public utilities and the State, county, municipality or other
5 public authority in interest. The cost to be so apportioned
6 shall include the cost of changes or alterations in the
7 equipment of public utilities affected as well as the cost of
8 the relocation, diversion or establishment of any public
9 highway, made necessary by such reconstruction, alteration,
10 relocation or improvement of said crossing. A hearing shall
11 not be required in those instances when the Commission enters
12 an order confirming a written stipulation in which the
13 Commission, the public highway authority or other public
14 authority in interest, the rail carrier or carriers affected,
15 and in instances involving the use of the Grade Crossing
16 Protection Fund, the Illinois Department of Transportation,
17 agree on the reconstruction, alteration, relocation, or
18 improvement and the subsequent maintenance thereof and the
19 division of costs of such changes of any grade crossing
20 (including the necessary highway approaches thereto) of any
21 railroad across any highway, pedestrian bridge, or pedestrian
22 subway.
23 Every rail carrier operating in the State of Illinois
24 shall construct and maintain every highway crossing over its
25 tracks within the State so that the roadway at the
26 intersection shall be as flush with the rails as
27 superelevated curves will allow, and, unless otherwise
28 ordered by the Commission, shall construct and maintain the
29 approaches thereto at a grade of not more than 5% within the
30 right of way for a distance of not less the 6 feet on each
31 side of the centerline of such tracks; provided, that the
32 grades at the approaches may be maintained in excess of 5%
33 only when authorized by the Commission.
34 Every rail carrier operating within this State shall
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1 remove from its right of way at all railroad-highway grade
2 crossings within the State, such brush, shrubbery, and trees
3 as is reasonably practical for a distance of not less than
4 500 feet in either direction from each grade crossing. The
5 Commission shall have power, upon its own motion, or upon
6 complaint, and after having made proper investigation, to
7 require the installation of adequate and appropriate luminous
8 reflective warning signs, luminous flashing signals, crossing
9 gates illuminated at night, or other protective devices in
10 order to promote and safeguard the health and safety of the
11 public. Luminous flashing signal or crossing gate devices
12 installed at grade crossings, which have been approved by the
13 Commission, shall be deemed adequate and appropriate. The
14 Commission shall have authority to determine the number,
15 type, and location of such signs, signals, gates, or other
16 protective devices which, however, shall conform as near as
17 may be with generally recognized national standards, and the
18 Commission shall have authority to prescribe the division of
19 the cost of the installation and subsequent maintenance of
20 such signs, signals, gates, or other protective devices
21 between the rail carrier or carriers, the public highway
22 authority or other public authority in interest, and in
23 instances involving the use of the Grade Crossing Protection
24 Fund, the Illinois Department of Transportation.
25 No railroad may change or modify the warning device
26 system at a railroad-highway grade crossing, including
27 warning systems interconnected with highway traffic control
28 signals, without having first received the approval of the
29 Commission. The Commission shall have the further power,
30 upon application, upon its own motion, or upon complaint and
31 after having made proper investigation, to require the
32 interconnection of grade crossing warning devices with
33 traffic control signals at highway intersections located at
34 or near railroad crossings within the distances described by
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1 the State Manual on Uniform Traffic Control Devices adopted
2 pursuant to Section 11-301 of this Code. In addition, State
3 and local authorities may not install, remove, modernize, or
4 otherwise modify traffic control signals at a highway
5 intersection that is interconnected or proposed to be
6 interconnected with grade crossing warning devices when the
7 change affects the number, type, or location of traffic
8 control devices on the track approach leg or legs of the
9 intersection or the timing of the railroad preemption
10 sequence of operation until the Commission has approved the
11 installation, removal, modernization, or modification.
12 Commission approval shall be limited to consideration of
13 issues directly affecting the public safety at the
14 railroad-highway grade crossing. The electrical circuit
15 devices, alternate warning devices, and preemption sequences
16 shall conform as nearly as possible, considering the
17 particular characteristics of the crossing and intersection
18 area, to the State manual adopted by the Illinois Department
19 of Transportation pursuant to Section 11-301 of this Code and
20 such federal standards as are made applicable by subsection
21 (2) of this Section. In order to carry out this authority,
22 the Commission shall have the authority to determine the
23 number, type, and location of traffic control devices on the
24 track approach leg or legs of the intersection and the timing
25 of the railroad preemption sequence of operation. The
26 Commission shall prescribe the division of costs for
27 installation and maintenance of all devices required by this
28 paragraph between the railroad or railroads and the highway
29 authority in interest and in instances involving the use of
30 the Grade Crossing Protection Fund or a State highway, the
31 Illinois Department of Transportation.
32 Any person who unlawfully or maliciously removes, throws
33 down, damages or defaces any sign, signal, gate or other
34 protective device, located at or near any public grade
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1 crossing, shall be guilty of a petty offense and fined not
2 less than $50 nor more than $200 for each offense. In
3 addition to fines levied under the provisions of this Section
4 a person adjudged guilty hereunder may also be directed to
5 make restitution for the costs of repair or replacement, or
6 both, necessitated by his misconduct.
7 It is the public policy of the State of Illinois to
8 enhance public safety by establishing safe grade crossings.
9 In order to implement this policy, the Illinois Commerce
10 Commission is directed to conduct public hearings and to
11 adopt specific criteria by July 1, 1994, that shall be
12 adhered to by the Illinois Commerce Commission in determining
13 if a grade crossing should be opened or abolished. The
14 following factors shall be considered by the Illinois
15 Commerce Commission in developing the specific criteria for
16 opening and abolishing grade crossings:
17 (a) timetable speed of passenger trains;
18 (b) distance to an alternate crossing;
19 (c) accident history for the last 5 years;
20 (d) number of vehicular traffic and posted speed
21 limits;
22 (e) number of freight trains and their timetable
23 speeds;
24 (f) the type of warning device present at the grade
25 crossing;
26 (g) alignments of the roadway and railroad, and the
27 angle of intersection of those alignments;
28 (h) use of the grade crossing by trucks carrying
29 hazardous materials, vehicles carrying passengers for
30 hire, and school buses; and
31 (i) use of the grade crossing by emergency
32 vehicles.
33 The Illinois Commerce Commission, upon petition to open
34 or abolish a grade crossing, shall enter an order opening or
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1 abolishing the crossing if it meets the specific criteria
2 adopted by the Commission.
3 Except as otherwise provided in this subsection (3), in
4 no instance shall a grade crossing be permanently closed
5 without public hearing first being held and notice of such
6 hearing being published in an area newspaper of local general
7 circulation.
8 (4) Freight Trains - Radio Communications. The
9 Commission shall after hearing and order require that every
10 main line railroad freight train operating on main tracks
11 outside of yard limits within this State shall be equipped
12 with a radio communication system. The Commission after
13 notice and hearing may grant exemptions from the requirements
14 of this Section as to secondary and branch lines.
15 (5) Railroad Bridges and Trestles - Walkway and
16 Handrail. In cases in which the Commission finds the same to
17 be practical and necessary for safety of railroad employees,
18 bridges and trestles, over and upon which railroad trains are
19 operated, shall include as a part thereof, a safe and
20 suitable walkway and handrail on one side only of such bridge
21 or trestle, and such handrail shall be located at the outer
22 edge of the walkway and shall provide a clearance of not less
23 than 8 feet, 6 inches, from the center line of the nearest
24 track, measured at right angles thereto.
25 (6) Packages Containing Articles for First Aid to
26 Injured on Trains. All rail carriers shall provide a package
27 containing the articles prescribed by the Commission, on each
28 train or engine, for first aid to persons who may be injured
29 in the course of the operation of such trains.
30 (7) Abandoned Bridges, Crossings, and Other Rail Plant.
31 The Commission shall have authority, after notice and
32 hearing, to order:
33 (a) The removal of any abandoned railroad tracks
34 from roads, streets or other thoroughfares in this State;
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1 and
2 (b) The removal of abandoned overhead railroad
3 structures crossing highways, waterways, or railroads.
4 The Commission may equitably apportion the cost of such
5 actions between the rail carrier or carriers, public
6 utilities, and the State, county, municipality, township,
7 road district, or other public authority in interest.
8 (8) Railroad-Highway Bridge Clearance. A vertical
9 clearance of not less than 23 feet above the top of rail
10 shall be provided for all new or reconstructed highway
11 bridges constructed over a railroad track. The Commission
12 may permit a lesser clearance if it determines that the 23
13 foot clearance standard cannot be justified based on
14 engineering, operational, and economic conditions.
15 (Source: P.A. 89-699, eff. 1-16-97; 90-691, eff. 1-1-99.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.