Illinois General Assembly - Full Text of HB0106
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Full Text of HB0106  102nd General Assembly

HB0106enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0106 EnrolledLRB102 03976 HEP 13992 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Administrative Procedure Act is
5amended by adding Section 5-45.20 as follows:
 
6    (5 ILCS 100/5-45.20 new)
7    Sec. 5-45.20. Emergency rulemaking; Secretary of State
8emergency powers. To provide for the expeditious and timely
9implementation of the provisions of Section 30 of the
10Secretary of State Act, emergency rules implementing the
11changes made to Section 30 of the Secretary of State Act by
12this amendatory Act of the 102nd General Assembly may be
13adopted by the Secretary in accordance with Section 5-45. The
14adoption of emergency rules authorized by Section 5-45 and
15this Section is deemed to be necessary for the public
16interest, safety, and welfare.
17    This Section is repealed on January 1, 2023.
 
18    Section 10. The Secretary of State Act is amended by
19changing Sections 12 and 30 as follows:
 
20    (15 ILCS 305/12)  (from Ch. 124, par. 10.2)
21    Sec. 12. Parking fees; leases.

 

 

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1    (a) The Secretary of State shall impose a fee of $20 per
2month payable by all State employees parking vehicles in the
3underground parking facility located south of the William G.
4Stratton State Office Building in Springfield and the parking
5ramp located at 401 South College Street located west of the
6William G. Stratton State Office Building in Springfield,
7unless a non-State employee requests a space located in either
8garage, in which case the Secretary shall set the fee by rule.
9Except as otherwise provided in this Section, State officers
10and employees who make application for and are allotted
11parking places in such parking facilities shall authorize the
12Comptroller to deduct the required fees from their payroll
13checks under the State Salary and Annuity Withholding Act and
14the amounts so withheld shall be deposited as provided in
15Section 8 of that Act. Until December 31, 2024, members and
16employees of the General Assembly who make application for and
17are allotted parking places in such parking facilities may,
18alternatively, upon application by the Secretary of the Senate
19or the Clerk of the House of Representatives, have their
20parking fee paid by the General Assembly. The amounts paid in
21this instance would also be deposited as provided in Section 8
22of the State Salary and Annuity Withholding Act. The President
23of the Senate and the Speaker of the House of Representatives
24may authorize payment of the fees from appropriations made to
25the General Assembly. Persons who are not subject to the State
26Salary and Annuity Withholding Act and who are allotted

 

 

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1parking places under this Section shall pay the required fees
2directly to the Office of the Secretary of State and the
3amounts so collected shall be deposited in the State Parking
4Facility Maintenance Fund in the State Treasury.
5    (b) The Secretary of State may enter into agreements with
6public or private entities or individuals to lease to those
7entities or individuals parking spaces at State-owned
8Secretary of State facilities. Such agreements may be executed
9only upon a determination by the Secretary that leasing the
10parking spaces will not adversely impact the delivery of
11services to the public. The fee to be charged to the entity or
12individual leasing the parking spaces shall be established by
13rule. All funds collected by the Secretary pursuant to such
14leases shall be deposited in the State Parking Facility
15Maintenance Fund and shall be used for the maintenance and
16repair of parking lots at State-owned Secretary of State
17facilities.
18(Source: P.A. 98-179, eff. 8-5-13; 98-1148, eff. 12-31-14.)
 
19    (15 ILCS 305/30)
20    (Section scheduled to be repealed on January 1, 2022)
21    Sec. 30. Emergency powers.
22    (a) In response to the interruption of services available
23to the public as a result of the public health disaster caused
24by Coronavirus Disease 2019 (COVID-19), a novel severe acute
25respiratory illness that spreads rapidly through respiratory

 

 

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1transmissions, the extended closure of State government
2offices and private sector businesses caused by COVID-19, and
3the need to ameliorate any detrimental impact on members of
4the public caused by that interruption of services, the
5Secretary of State is hereby given the authority to adopt
6emergency rulemakings, and to adopt permanent administrative
7rules:
8        (1) extending until not later than December 31, 2022,
9    the expiration dates of driver's licenses, driving
10    permits, monitoring device driving permits, restricted
11    driving permits, and identification cards which were
12    issued with expiration dates on or after January 1, 2020.
13    During the period of any extensions implemented pursuant
14    to this subsection, all driver's licenses, driving
15    permits, monitoring device driving permits, restricted
16    driving permits, and identification cards, shall be
17    subject to any terms and conditions under which the
18    original document was issued; and
19        (2) modifying the requirements for the renewal of
20    driver's licenses, driving permits, monitoring device
21    driving permits, restricted driving permits, and
22    identification cards. No such modification shall apply for
23    more than one renewal cycle after the effective date of
24    the rulemaking.
25    (b) When the renewal of any driver's license, driving
26permit, monitoring device driving permit, restricted driving

 

 

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1permit, or identification card has been extended pursuant to
2this Section, it shall be renewed during the period of an
3extension. Any such renewals shall be from the original
4expiration date and shall be subject to the full fee which
5would have been due had the renewals been issued based on the
6original expiration date, except that no late filing fees or
7penalties shall be imposed.
8    (c) All law enforcement agencies in the State of Illinois
9and all State and local governmental entities shall recognize
10the validity of, and give full legal force to, extensions
11granted pursuant to this Section.
12    (d) Upon the request of any person whose driver's license,
13driving permit, monitoring device driving permit, restricted
14driving permit, or identification card has been subject to an
15extension under this Section, the Secretary shall issue a
16statement verifying the extension was issued pursuant to
17Illinois law, and requesting any foreign jurisdiction to honor
18the extension.
19    (e) This Section is repealed on January 1, 2023.
20    (a) In response to the ongoing public health disaster
21caused by Coronavirus Disease 2019 (COVID-19), a novel severe
22acute respiratory illness that spreads rapidly through
23respiratory transmissions, and the need to regulate the number
24of individuals entering a Secretary of State facility at any
25one time in order to prevent the spread of the disease, the
26Secretary of State is hereby given the authority to adopt

 

 

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1emergency rulemakings, as provided under subsection (b), and
2to adopt permanent administrative rules extending until no
3later than June 30, 2021, the expiration dates of driver's
4licenses, driving permits, monitoring device driving permits,
5restricted driving permits, identification cards, disabled
6parking placards and decals, and vehicle registrations that
7were issued with expiration dates on or after January 1, 2020.
8If, as of May 1, 2021, there remains in effect a proclamation
9issued by the Governor of the State of Illinois declaring a
10statewide disaster in response to the outbreak of COVID-19,
11the Secretary may further extend such expiration dates until
12no later than December 31, 2021.
13    (a-5) During the period of any extensions implemented
14pursuant to this Section, all driver's licenses, driving
15permits, monitoring device driving permits, restricted driving
16permits, identification cards, disabled parking placards and
17decals, and vehicle registrations shall be subject to any
18terms and conditions under which the original document was
19issued.
20    (b) To provide for the expeditious and timely
21implementation of this amendatory Act of the 101st General
22Assembly, any emergency rules to implement the extension
23provisions of this Section must be adopted by the Secretary of
24State, subject to the provisions of Section 5-45 of the
25Illinois Administrative Procedure Act. Any such rule shall:
26        (1) (blank);

 

 

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1        (2) set forth the expirations being extended (for
2    example, "this extension shall apply to all driver's
3    licenses, driving permits, monitoring device driving
4    permits, restricted driving permits, identification cards,
5    disabled parking placards and decals, and vehicle
6    registrations expiring on [date] through [date]"); and
7        (3) set forth the date on which the extension period
8    becomes effective, and the date on which the extension
9    will terminate if not extended by subsequent emergency
10    rulemaking.
11    (c) Where the renewal of any driver's license, driving
12permit, monitoring device driving permit, restricted driving
13permit, identification card, disabled parking placard or
14decal, or vehicle registration has been extended pursuant to
15this Section, it shall be renewed during the period of an
16extension. Any such renewal shall be from the original
17expiration date and shall be subject to the full fee which
18would have been due had the renewal been issued based on the
19original expiration date, except that no late filing fees or
20penalties shall be imposed.
21    (d) All law enforcement agencies in the State of Illinois
22and all State and local governmental entities shall recognize
23the validity of, and give full legal force to, extensions
24granted pursuant to this Section.
25    (e) Upon the request of any person or entity whose
26driver's license, driving permit, monitoring device driving

 

 

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1permit, restricted driving permit, identification card,
2disabled parking placard or decal, or vehicle registration has
3been subject to an extension under this Section, the Secretary
4shall issue a statement verifying the extension was issued
5pursuant to Illinois law, and requesting any foreign
6jurisdiction to honor the extension.
7    (f) This Section is repealed on January 1, 2022.
8(Source: P.A. 101-640, eff. 6-12-20; 102-39, eff. 6-25-21.)
 
9    Section 13. The Illinois Municipal Code is amended by
10changing Section 11-101-3 as follows:
 
11    (65 ILCS 5/11-101-3)
12    Sec. 11-101-3. Noise mitigation; air quality.
13    (a) A municipality that has implemented a Residential
14Sound Insulation Program to mitigate aircraft noise shall
15perform indoor air quality monitoring and laboratory analysis
16of windows and doors installed pursuant to the Residential
17Sound Insulation Program to determine whether there are any
18adverse health impacts associated with off-gassing from such
19windows and doors. Such monitoring and analysis shall be
20consistent with applicable professional and industry
21standards. The municipality shall make any final reports
22resulting from such monitoring and analysis available to the
23public on the municipality's website. The municipality shall
24develop a science-based mitigation plan to address significant

 

 

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1health-related impacts, if any, associated with such windows
2and doors as determined by the results of the monitoring and
3analysis. In a municipality that has implemented a Residential
4Sound Insulation Program to mitigate aircraft noise, if
5requested by the homeowner pursuant to a process established
6by the municipality, which process shall include, at a
7minimum, notification in a newspaper of general circulation
8and a mailer sent to every address identified as a recipient of
9windows and doors installed under the Residential Sound
10Insulation Program, the municipality shall replace all windows
11and doors installed under the Residential Sound Insulation
12Program in such homes where one or more windows or doors have
13been found to have caused offensive odors. Subject to
14appropriation, the municipality shall replace windows and
15doors in at least 750 residences a year. Residents who altered
16or modified a replacement window or accepted a replacement
17screen for the window shall not be disqualified from
18compensation or future services. Only those homeowners who
19request that the municipality perform an odor inspection as
20prescribed by the process established by the municipality
21within 6 months of notification being published and mailers
22being sent shall be eligible for odorous window and odorous
23door replacement. Residents who are eligible to receive
24replacement windows shall be allowed to choose the color and
25type of replacement window. For purposes of aiding in the
26selection of such replacement windows, a showcase and display

 

 

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1of available replacement window types shall be established and
2located at Chicago Midway International Airport. Homes that
3have been identified by the municipality as having odorous
4windows or doors are not required to make said request to the
5municipality. The right to make a claim for replacement and
6have it considered pursuant to this Section shall not be
7affected by the fact of odor-related claims made or
8odor-related products received pursuant to the Residential
9Sound Insulation Program prior to June 5, 2019 (the effective
10date of this Section). The municipality shall also perform
11in-home air quality testing in residences in which windows and
12doors are replaced under this Section. In order to receive
13in-home air quality testing, a homeowner must request such
14testing from the municipality, and the total number of homes
15tested in any given year shall not exceed 25% of the total
16number of homes in which windows and doors were replaced under
17this Section in the prior calendar year.
18    (b) An advisory committee shall be formed, composed of the
19following: (i) 2 members of the municipality who reside in
20homes that have received windows or doors pursuant to the
21Residential Sound Insulation Program and have been identified
22by the municipality as having odorous windows or doors,
23appointed by the Secretary of Transportation; (ii) one
24employee of the Aeronautics Division of the Department of
25Transportation; and (iii) 2 employees of the municipality that
26implemented the Residential Sound Insulation Program in

 

 

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1question; and (iv) 2 members appointed by the Speaker of the
2House of Representatives and 2 members appointed by the
3President of the Senate. The advisory committee shall
4determine by majority vote which homes contain windows or
5doors that cause offensive odors and thus are eligible for
6replacement, shall promulgate a list of such homes, and shall
7develop recommendations as to the order in which homes are to
8receive window replacement. The recommendations shall include
9reasonable and objective criteria for determining which
10windows or doors are odorous, consideration of the date of
11odor confirmation for prioritization, severity of odor,
12geography and individual hardship, and shall provide such
13recommendations to the municipality. The advisory committee
14shall develop a process in which homeowners can demonstrate
15extreme hardship. As used in this subsection, "extreme
16hardship" means: liquid infiltration of the window or door;
17health and medical condition of the resident; and residents
18with sensitivities related to smell. At least 10% of the homes
19receiving a replacement in a year shall be homes that have
20demonstrated extreme hardship. The advisory committee shall
21compile a report demonstrating: (i) the number of homes in
22line to receive a replacement; (ii) the number of homes that
23received replacement windows or doors, or both; (iii) the
24number of homes that received financial compensation instead
25of a replacement; and (iv) the number of homes with confirmed
26mechanical issues. Until December 31, 2022, the report shall

 

 

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1be complied monthly, after December 31, 2022, the report shall
2be complied quarterly. The advisory committee shall accept all
3public questions and furnish a written response within 2
4business days. The advisory committee shall comply with the
5requirements of the Open Meetings Act. The Chicago Department
6of Aviation shall provide administrative support to the
7committee. The municipality shall consider the recommendations
8of the committee but shall retain final decision-making
9authority over replacement of windows and doors installed
10under the Residential Sound Insulation Program, and shall
11comply with all federal, State, and local laws involving
12procurement. A municipality administering claims pursuant to
13this Section shall provide to every address identified as
14having submitted a valid claim under this Section a quarterly
15report setting forth the municipality's activities undertaken
16pursuant to this Section for that quarter. However, the
17municipality shall replace windows and doors pursuant to this
18Section only if, and to the extent, grants are distributed to,
19and received by, the municipality from the Sound-Reducing
20Windows and Doors Replacement Fund for the costs associated
21with the replacement of sound-reducing windows and doors
22installed under the Residential Sound Insulation Program
23pursuant to Section 6z-20.1 of the State Finance Act. In
24addition, the municipality shall revise its specifications for
25procurement of windows for the Residential Sound Insulation
26Program to address potential off-gassing from such windows in

 

 

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1future phases of the program. A municipality subject to the
2Section shall not legislate or otherwise regulate with regard
3to indoor air quality monitoring, laboratory analysis or
4replacement requirements, except as provided in this Section,
5but the foregoing restriction shall not limit said
6municipality's taxing power.
7    (c) A home rule unit may not regulate indoor air quality
8monitoring and laboratory analysis, and related mitigation and
9mitigation plans, in a manner inconsistent with this Section.
10This Section is a limitation of home rule powers and functions
11under subsection (i) of Section 6 of Article VII of the
12Illinois Constitution on the concurrent exercise by home rule
13units of powers and functions exercised by the State.
14    (d) This Section shall not be construed to create a
15private right of action.
16(Source: P.A. 101-10, eff. 6-5-19; 101-604, eff. 12-13-19;
17101-636, eff. 6-10-20; 102-558, eff. 8-20-21.)
 
18    Section 15. The Regional Transportation Authority Act is
19amended by changing Sections 4.01 and 4.09 as follows:
 
20    (70 ILCS 3615/4.01)  (from Ch. 111 2/3, par. 704.01)
21    Sec. 4.01. Budget and Program.
22    (a) The Board shall control the finances of the Authority.
23It shall by ordinance adopted by the affirmative vote of at
24least 12 of its then Directors (i) appropriate money to

 

 

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1perform the Authority's purposes and provide for payment of
2debts and expenses of the Authority, (ii) take action with
3respect to the budget and two-year financial plan of each
4Service Board, as provided in Section 4.11, and (iii) adopt an
5Annual Budget and Two-Year Financial Plan for the Authority
6that includes the annual budget and two-year financial plan of
7each Service Board that has been approved by the Authority.
8The Annual Budget and Two-Year Financial Plan shall contain a
9statement of the funds estimated to be on hand for the
10Authority and each Service Board at the beginning of the
11fiscal year, the funds estimated to be received from all
12sources for such year, the estimated expenses and obligations
13of the Authority and each Service Board for all purposes,
14including expenses for contributions to be made with respect
15to pension and other employee benefits, and the funds
16estimated to be on hand at the end of such year. The fiscal
17year of the Authority and each Service Board shall begin on
18January 1st and end on the succeeding December 31st. By July
191st of each year the Director of the Illinois Governor's
20Office of Management and Budget (formerly Bureau of the
21Budget) shall submit to the Authority an estimate of revenues
22for the next fiscal year of the Authority to be collected from
23the taxes imposed by the Authority and the amounts to be
24available in the Public Transportation Fund and the Regional
25Transportation Authority Occupation and Use Tax Replacement
26Fund and the amounts otherwise to be appropriated by the State

 

 

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1to the Authority for its purposes. The Authority shall file a
2copy of its Annual Budget and Two-Year Financial Plan with the
3General Assembly and the Governor after its adoption. Before
4the proposed Annual Budget and Two-Year Financial Plan is
5adopted, the Authority shall hold at least one public hearing
6thereon in the metropolitan region, and shall meet with the
7county board or its designee of each of the several counties in
8the metropolitan region. After conducting such hearings and
9holding such meetings and after making such changes in the
10proposed Annual Budget and Two-Year Financial Plan as the
11Board deems appropriate, the Board shall adopt its annual
12appropriation and Annual Budget and Two-Year Financial Plan
13ordinance. The ordinance may be adopted only upon the
14affirmative votes of 12 of its then Directors. The ordinance
15shall appropriate such sums of money as are deemed necessary
16to defray all necessary expenses and obligations of the
17Authority, specifying purposes and the objects or programs for
18which appropriations are made and the amount appropriated for
19each object or program. Additional appropriations, transfers
20between items and other changes in such ordinance may be made
21from time to time by the Board upon the affirmative votes of 12
22of its then Directors.
23    (b) The Annual Budget and Two-Year Financial Plan shall
24show a balance between anticipated revenues from all sources
25and anticipated expenses including funding of operating
26deficits or the discharge of encumbrances incurred in prior

 

 

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1periods and payment of principal and interest when due, and
2shall show cash balances sufficient to pay with reasonable
3promptness all obligations and expenses as incurred.
4    The Annual Budget and Two-Year Financial Plan must show:
5        (i) that the level of fares and charges for mass
6    transportation provided by, or under grant or purchase of
7    service contracts of, the Service Boards is sufficient to
8    cause the aggregate of all projected fare revenues from
9    such fares and charges received in each fiscal year to
10    equal at least 50% of the aggregate costs of providing
11    such public transportation in such fiscal year. However,
12    due to the fiscal impacts of the COVID-19 pandemic, the
13    aggregate of all projected fare revenues from such fares
14    and charges received in fiscal years 2021, 2022, and 2023
15    may be less than 50% of the aggregate costs of providing
16    such public transportation in those fiscal years. "Fare
17    revenues" include the proceeds of all fares and charges
18    for services provided, contributions received in
19    connection with public transportation from units of local
20    government other than the Authority, except for
21    contributions received by the Chicago Transit Authority
22    from a real estate transfer tax imposed under subsection
23    (i) of Section 8-3-19 of the Illinois Municipal Code, and
24    from the State pursuant to subsection (i) of Section
25    2705-305 of the Department of Transportation Law (20 ILCS
26    2705/2705-305), and all other operating revenues properly

 

 

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1    included consistent with generally accepted accounting
2    principles but do not include: the proceeds of any
3    borrowings, and, beginning with the 2007 fiscal year, all
4    revenues and receipts, including but not limited to fares
5    and grants received from the federal, State or any unit of
6    local government or other entity, derived from providing
7    ADA paratransit service pursuant to Section 2.30 of the
8    Regional Transportation Authority Act. "Costs" include all
9    items properly included as operating costs consistent with
10    generally accepted accounting principles, including
11    administrative costs, but do not include: depreciation;
12    payment of principal and interest on bonds, notes or other
13    evidences of obligation for borrowed money issued by the
14    Authority; payments with respect to public transportation
15    facilities made pursuant to subsection (b) of Section 2.20
16    of this Act; any payments with respect to rate protection
17    contracts, credit enhancements or liquidity agreements
18    made under Section 4.14; any other cost to which it is
19    reasonably expected that a cash expenditure will not be
20    made; costs for passenger security including grants,
21    contracts, personnel, equipment and administrative
22    expenses, except in the case of the Chicago Transit
23    Authority, in which case the term does not include costs
24    spent annually by that entity for protection against crime
25    as required by Section 27a of the Metropolitan Transit
26    Authority Act; the payment by the Chicago Transit

 

 

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1    Authority of Debt Service, as defined in Section 12c of
2    the Metropolitan Transit Authority Act, on bonds or notes
3    issued pursuant to that Section; the payment by the
4    Commuter Rail Division of debt service on bonds issued
5    pursuant to Section 3B.09; expenses incurred by the
6    Suburban Bus Division for the cost of new public
7    transportation services funded from grants pursuant to
8    Section 2.01e of this amendatory Act of the 95th General
9    Assembly for a period of 2 years from the date of
10    initiation of each such service; costs as exempted by the
11    Board for projects pursuant to Section 2.09 of this Act;
12    or, beginning with the 2007 fiscal year, expenses related
13    to providing ADA paratransit service pursuant to Section
14    2.30 of the Regional Transportation Authority Act; and in
15    fiscal years 2008 through 2012 inclusive, costs in the
16    amount of $200,000,000 in fiscal year 2008, reducing by
17    $40,000,000 in each fiscal year thereafter until this
18    exemption is eliminated; and
19        (ii) that the level of fares charged for ADA
20    paratransit services is sufficient to cause the aggregate
21    of all projected revenues from such fares charged and
22    received in each fiscal year to equal at least 10% of the
23    aggregate costs of providing such ADA paratransit
24    services. However, due to the fiscal impacts of the
25    COVID-19 pandemic, the aggregate of all projected fare
26    revenues from such fares and charges received in fiscal

 

 

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1    years 2021, 2022, and 2023 may be less than 10% of the
2    aggregate costs of providing such ADA paratransit services
3    in those fiscal years. For purposes of this Act, the
4    percentages in this subsection (b)(ii) shall be referred
5    to as the "system generated ADA paratransit services
6    revenue recovery ratio". For purposes of the system
7    generated ADA paratransit services revenue recovery ratio,
8    "costs" shall include all items properly included as
9    operating costs consistent with generally accepted
10    accounting principles. However, the Board may exclude from
11    costs an amount that does not exceed the allowable
12    "capital costs of contracting" for ADA paratransit
13    services pursuant to the Federal Transit Administration
14    guidelines for the Urbanized Area Formula Program.
15    (c) The actual administrative expenses of the Authority
16for the fiscal year commencing January 1, 1985 may not exceed
17$5,000,000. The actual administrative expenses of the
18Authority for the fiscal year commencing January 1, 1986, and
19for each fiscal year thereafter shall not exceed the maximum
20administrative expenses for the previous fiscal year plus 5%.
21"Administrative expenses" are defined for purposes of this
22Section as all expenses except: (1) capital expenses and
23purchases of the Authority on behalf of the Service Boards;
24(2) payments to Service Boards; and (3) payment of principal
25and interest on bonds, notes or other evidence of obligation
26for borrowed money issued by the Authority; (4) costs for

 

 

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1passenger security including grants, contracts, personnel,
2equipment and administrative expenses; (5) payments with
3respect to public transportation facilities made pursuant to
4subsection (b) of Section 2.20 of this Act; and (6) any
5payments with respect to rate protection contracts, credit
6enhancements or liquidity agreements made pursuant to Section
74.14.
8    (d) This subsection applies only until the Department
9begins administering and enforcing an increased tax under
10Section 4.03(m) as authorized by this amendatory Act of the
1195th General Assembly. After withholding 15% of the proceeds
12of any tax imposed by the Authority and 15% of money received
13by the Authority from the Regional Transportation Authority
14Occupation and Use Tax Replacement Fund, the Board shall
15allocate the proceeds and money remaining to the Service
16Boards as follows: (1) an amount equal to 85% of the proceeds
17of those taxes collected within the City of Chicago and 85% of
18the money received by the Authority on account of transfers to
19the Regional Transportation Authority Occupation and Use Tax
20Replacement Fund from the County and Mass Transit District
21Fund attributable to retail sales within the City of Chicago
22shall be allocated to the Chicago Transit Authority; (2) an
23amount equal to 85% of the proceeds of those taxes collected
24within Cook County outside the City of Chicago and 85% of the
25money received by the Authority on account of transfers to the
26Regional Transportation Authority Occupation and Use Tax

 

 

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1Replacement Fund from the County and Mass Transit District
2Fund attributable to retail sales within Cook County outside
3of the city of Chicago shall be allocated 30% to the Chicago
4Transit Authority, 55% to the Commuter Rail Board and 15% to
5the Suburban Bus Board; and (3) an amount equal to 85% of the
6proceeds of the taxes collected within the Counties of DuPage,
7Kane, Lake, McHenry and Will shall be allocated 70% to the
8Commuter Rail Board and 30% to the Suburban Bus Board.
9    (e) This subsection applies only until the Department
10begins administering and enforcing an increased tax under
11Section 4.03(m) as authorized by this amendatory Act of the
1295th General Assembly. Moneys received by the Authority on
13account of transfers to the Regional Transportation Authority
14Occupation and Use Tax Replacement Fund from the State and
15Local Sales Tax Reform Fund shall be allocated among the
16Authority and the Service Boards as follows: 15% of such
17moneys shall be retained by the Authority and the remaining
1885% shall be transferred to the Service Boards as soon as may
19be practicable after the Authority receives payment. Moneys
20which are distributable to the Service Boards pursuant to the
21preceding sentence shall be allocated among the Service Boards
22on the basis of each Service Board's distribution ratio. The
23term "distribution ratio" means, for purposes of this
24subsection (e) of this Section 4.01, the ratio of the total
25amount distributed to a Service Board pursuant to subsection
26(d) of Section 4.01 for the immediately preceding calendar

 

 

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1year to the total amount distributed to all of the Service
2Boards pursuant to subsection (d) of Section 4.01 for the
3immediately preceding calendar year.
4    (f) To carry out its duties and responsibilities under
5this Act, the Board shall employ staff which shall: (1)
6propose for adoption by the Board of the Authority rules for
7the Service Boards that establish (i) forms and schedules to
8be used and information required to be provided with respect
9to a five-year capital program, annual budgets, and two-year
10financial plans and regular reporting of actual results
11against adopted budgets and financial plans, (ii) financial
12practices to be followed in the budgeting and expenditure of
13public funds, (iii) assumptions and projections that must be
14followed in preparing and submitting its annual budget and
15two-year financial plan or a five-year capital program; (2)
16evaluate for the Board public transportation programs operated
17or proposed by the Service Boards and transportation agencies
18in terms of the goals and objectives set out in the Strategic
19Plan; (3) keep the Board and the public informed of the extent
20to which the Service Boards and transportation agencies are
21meeting the goals and objectives adopted by the Authority in
22the Strategic Plan; and (4) assess the efficiency or adequacy
23of public transportation services provided by a Service Board
24and make recommendations for change in that service to the end
25that the moneys available to the Authority may be expended in
26the most economical manner possible with the least possible

 

 

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1duplication.
2    (g) All Service Boards, transportation agencies,
3comprehensive planning agencies, including the Chicago
4Metropolitan Agency for Planning, or transportation planning
5agencies in the metropolitan region shall furnish to the
6Authority such information pertaining to public transportation
7or relevant for plans therefor as it may from time to time
8require. The Executive Director, or his or her designee,
9shall, for the purpose of securing any such information
10necessary or appropriate to carry out any of the powers and
11responsibilities of the Authority under this Act, have access
12to, and the right to examine, all books, documents, papers or
13records of a Service Board or any transportation agency
14receiving funds from the Authority or Service Board, and such
15Service Board or transportation agency shall comply with any
16request by the Executive Director, or his or her designee,
17within 30 days or an extended time provided by the Executive
18Director.
19    (h) No Service Board shall undertake any capital
20improvement which is not identified in the Five-Year Capital
21Program.
22    (i) Each Service Board shall furnish to the Board access
23to its financial information including, but not limited to,
24audits and reports. The Board shall have real-time access to
25the financial information of the Service Boards; however, the
26Board shall be granted read-only access to the Service Board's

 

 

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1financial information.
2(Source: P.A. 98-1027, eff. 1-1-15.)
 
3    (70 ILCS 3615/4.09)  (from Ch. 111 2/3, par. 704.09)
4    Sec. 4.09. Public Transportation Fund and the Regional
5Transportation Authority Occupation and Use Tax Replacement
6Fund.
7    (a)(1) Except as otherwise provided in paragraph (4), as
8soon as possible after the first day of each month, beginning
9July 1, 1984, upon certification of the Department of Revenue,
10the Comptroller shall order transferred and the Treasurer
11shall transfer from the General Revenue Fund to a special fund
12in the State Treasury to be known as the Public Transportation
13Fund an amount equal to 25% of the net revenue, before the
14deduction of the serviceman and retailer discounts pursuant to
15Section 9 of the Service Occupation Tax Act and Section 3 of
16the Retailers' Occupation Tax Act, realized from any tax
17imposed by the Authority pursuant to Sections 4.03 and 4.03.1
18and 25% of the amounts deposited into the Regional
19Transportation Authority tax fund created by Section 4.03 of
20this Act, from the County and Mass Transit District Fund as
21provided in Section 6z-20 of the State Finance Act and 25% of
22the amounts deposited into the Regional Transportation
23Authority Occupation and Use Tax Replacement Fund from the
24State and Local Sales Tax Reform Fund as provided in Section
256z-17 of the State Finance Act. On the first day of the month

 

 

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1following the date that the Department receives revenues from
2increased taxes under Section 4.03(m) as authorized by Public
3Act 95-708, in lieu of the transfers authorized in the
4preceding sentence, upon certification of the Department of
5Revenue, the Comptroller shall order transferred and the
6Treasurer shall transfer from the General Revenue Fund to the
7Public Transportation Fund an amount equal to 25% of the net
8revenue, before the deduction of the serviceman and retailer
9discounts pursuant to Section 9 of the Service Occupation Tax
10Act and Section 3 of the Retailers' Occupation Tax Act,
11realized from (i) 80% of the proceeds of any tax imposed by the
12Authority at a rate of 1.25% in Cook County, (ii) 75% of the
13proceeds of any tax imposed by the Authority at the rate of 1%
14in Cook County, and (iii) one-third of the proceeds of any tax
15imposed by the Authority at the rate of 0.75% in the Counties
16of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
17Section 4.03, and 25% of the net revenue realized from any tax
18imposed by the Authority pursuant to Section 4.03.1, and 25%
19of the amounts deposited into the Regional Transportation
20Authority tax fund created by Section 4.03 of this Act from the
21County and Mass Transit District Fund as provided in Section
226z-20 of the State Finance Act, and 25% of the amounts
23deposited into the Regional Transportation Authority
24Occupation and Use Tax Replacement Fund from the State and
25Local Sales Tax Reform Fund as provided in Section 6z-17 of the
26State Finance Act. As used in this Section, net revenue

 

 

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1realized for a month shall be the revenue collected by the
2State pursuant to Sections 4.03 and 4.03.1 during the previous
3month from within the metropolitan region, less the amount
4paid out during that same month as refunds to taxpayers for
5overpayment of liability in the metropolitan region under
6Sections 4.03 and 4.03.1.
7    Notwithstanding any provision of law to the contrary,
8beginning on July 6, 2017 (the effective date of Public Act
9100-23), those amounts required under this paragraph (1) of
10subsection (a) to be transferred by the Treasurer into the
11Public Transportation Fund from the General Revenue Fund shall
12be directly deposited into the Public Transportation Fund as
13the revenues are realized from the taxes indicated.
14    (2) Except as otherwise provided in paragraph (4), on
15February 1, 2009 (the first day of the month following the
16effective date of Public Act 95-708) and each month
17thereafter, upon certification by the Department of Revenue,
18the Comptroller shall order transferred and the Treasurer
19shall transfer from the General Revenue Fund to the Public
20Transportation Fund an amount equal to 5% of the net revenue,
21before the deduction of the serviceman and retailer discounts
22pursuant to Section 9 of the Service Occupation Tax Act and
23Section 3 of the Retailers' Occupation Tax Act, realized from
24any tax imposed by the Authority pursuant to Sections 4.03 and
254.03.1 and certified by the Department of Revenue under
26Section 4.03(n) of this Act to be paid to the Authority and 5%

 

 

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1of the amounts deposited into the Regional Transportation
2Authority tax fund created by Section 4.03 of this Act from the
3County and Mass Transit District Fund as provided in Section
46z-20 of the State Finance Act, and 5% of the amounts deposited
5into the Regional Transportation Authority Occupation and Use
6Tax Replacement Fund from the State and Local Sales Tax Reform
7Fund as provided in Section 6z-17 of the State Finance Act, and
85% of the revenue realized by the Chicago Transit Authority as
9financial assistance from the City of Chicago from the
10proceeds of any tax imposed by the City of Chicago under
11Section 8-3-19 of the Illinois Municipal Code.
12    Notwithstanding any provision of law to the contrary,
13beginning on July 6, 2017 (the effective date of Public Act
14100-23), those amounts required under this paragraph (2) of
15subsection (a) to be transferred by the Treasurer into the
16Public Transportation Fund from the General Revenue Fund shall
17be directly deposited into the Public Transportation Fund as
18the revenues are realized from the taxes indicated.
19    (3) Except as otherwise provided in paragraph (4), as soon
20as possible after the first day of January, 2009 and each month
21thereafter, upon certification of the Department of Revenue
22with respect to the taxes collected under Section 4.03, the
23Comptroller shall order transferred and the Treasurer shall
24transfer from the General Revenue Fund to the Public
25Transportation Fund an amount equal to 25% of the net revenue,
26before the deduction of the serviceman and retailer discounts

 

 

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1pursuant to Section 9 of the Service Occupation Tax Act and
2Section 3 of the Retailers' Occupation Tax Act, realized from
3(i) 20% of the proceeds of any tax imposed by the Authority at
4a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
5tax imposed by the Authority at the rate of 1% in Cook County,
6and (iii) one-third of the proceeds of any tax imposed by the
7Authority at the rate of 0.75% in the Counties of DuPage, Kane,
8Lake, McHenry, and Will, all pursuant to Section 4.03, and the
9Comptroller shall order transferred and the Treasurer shall
10transfer from the General Revenue Fund to the Public
11Transportation Fund (iv) an amount equal to 25% of the revenue
12realized by the Chicago Transit Authority as financial
13assistance from the City of Chicago from the proceeds of any
14tax imposed by the City of Chicago under Section 8-3-19 of the
15Illinois Municipal Code.
16    Notwithstanding any provision of law to the contrary,
17beginning on July 6, 2017 (the effective date of Public Act
18100-23), those amounts required under this paragraph (3) of
19subsection (a) to be transferred by the Treasurer into the
20Public Transportation Fund from the General Revenue Fund shall
21be directly deposited into the Public Transportation Fund as
22the revenues are realized from the taxes indicated.
23    (4) Notwithstanding any provision of law to the contrary,
24of the transfers to be made under paragraphs (1), (2), and (3)
25of this subsection (a) from the General Revenue Fund to the
26Public Transportation Fund, the first $150,000,000 that would

 

 

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1have otherwise been transferred from the General Revenue Fund
2shall be transferred from the Road Fund. The remaining balance
3of such transfers shall be made from the General Revenue Fund.
4    (5) (Blank).
5    (6) (Blank).
6    (7) For State fiscal year 2020 only, notwithstanding any
7provision of law to the contrary, the total amount of revenue
8and deposits under this Section attributable to revenues
9realized during State fiscal year 2020 shall be reduced by 5%.
10    (8) For State fiscal year 2021 only, notwithstanding any
11provision of law to the contrary, the total amount of revenue
12and deposits under this Section attributable to revenues
13realized during State fiscal year 2021 shall be reduced by 5%.
14    (b)(1) All moneys deposited in the Public Transportation
15Fund and the Regional Transportation Authority Occupation and
16Use Tax Replacement Fund, whether deposited pursuant to this
17Section or otherwise, are allocated to the Authority, except
18for amounts appropriated to the Office of the Executive
19Inspector General as authorized by subsection (h) of Section
204.03.3 and amounts transferred to the Audit Expense Fund
21pursuant to Section 6z-27 of the State Finance Act. The
22Comptroller, as soon as possible after each monthly transfer
23provided in this Section and after each deposit into the
24Public Transportation Fund, shall order the Treasurer to pay
25to the Authority out of the Public Transportation Fund the
26amount so transferred or deposited. Any Additional State

 

 

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1Assistance and Additional Financial Assistance paid to the
2Authority under this Section shall be expended by the
3Authority for its purposes as provided in this Act. The
4balance of the amounts paid to the Authority from the Public
5Transportation Fund shall be expended by the Authority as
6provided in Section 4.03.3. The Comptroller, as soon as
7possible after each deposit into the Regional Transportation
8Authority Occupation and Use Tax Replacement Fund provided in
9this Section and Section 6z-17 of the State Finance Act, shall
10order the Treasurer to pay to the Authority out of the Regional
11Transportation Authority Occupation and Use Tax Replacement
12Fund the amount so deposited. Such amounts paid to the
13Authority may be expended by it for its purposes as provided in
14this Act. The provisions directing the distributions from the
15Public Transportation Fund and the Regional Transportation
16Authority Occupation and Use Tax Replacement Fund provided for
17in this Section shall constitute an irrevocable and continuing
18appropriation of all amounts as provided herein. The State
19Treasurer and State Comptroller are hereby authorized and
20directed to make distributions as provided in this Section.
21(2) Provided, however, no moneys deposited under subsection
22(a) of this Section shall be paid from the Public
23Transportation Fund to the Authority or its assignee for any
24fiscal year until the Authority has certified to the Governor,
25the Comptroller, and the Mayor of the City of Chicago that it
26has adopted for that fiscal year an Annual Budget and Two-Year

 

 

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1Financial Plan meeting the requirements in Section 4.01(b).
2    (c) In recognition of the efforts of the Authority to
3enhance the mass transportation facilities under its control,
4the State shall provide financial assistance ("Additional
5State Assistance") in excess of the amounts transferred to the
6Authority from the General Revenue Fund under subsection (a)
7of this Section. Additional State Assistance shall be
8calculated as provided in subsection (d), but shall in no
9event exceed the following specified amounts with respect to
10the following State fiscal years:
11        1990$5,000,000;
12        1991$5,000,000;
13        1992$10,000,000;
14        1993$10,000,000;
15        1994$20,000,000;
16        1995$30,000,000;
17        1996$40,000,000;
18        1997$50,000,000;
19        1998$55,000,000; and
20        each year thereafter$55,000,000.
21    (c-5) The State shall provide financial assistance
22("Additional Financial Assistance") in addition to the
23Additional State Assistance provided by subsection (c) and the
24amounts transferred to the Authority from the General Revenue
25Fund under subsection (a) of this Section. Additional
26Financial Assistance provided by this subsection shall be

 

 

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1calculated as provided in subsection (d), but shall in no
2event exceed the following specified amounts with respect to
3the following State fiscal years:
4        2000$0;
5        2001$16,000,000;
6        2002$35,000,000;
7        2003$54,000,000;
8        2004$73,000,000;
9        2005$93,000,000; and
10        each year thereafter$100,000,000.
11    (d) Beginning with State fiscal year 1990 and continuing
12for each State fiscal year thereafter, the Authority shall
13annually certify to the State Comptroller and State Treasurer,
14separately with respect to each of subdivisions (g)(2) and
15(g)(3) of Section 4.04 of this Act, the following amounts:
16        (1) The amount necessary and required, during the
17    State fiscal year with respect to which the certification
18    is made, to pay its obligations for debt service on all
19    outstanding bonds or notes issued by the Authority under
20    subdivisions (g)(2) and (g)(3) of Section 4.04 of this
21    Act.
22        (2) An estimate of the amount necessary and required
23    to pay its obligations for debt service for any bonds or
24    notes which the Authority anticipates it will issue under
25    subdivisions (g)(2) and (g)(3) of Section 4.04 during that
26    State fiscal year.

 

 

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1        (3) Its debt service savings during the preceding
2    State fiscal year from refunding or advance refunding of
3    bonds or notes issued under subdivisions (g)(2) and (g)(3)
4    of Section 4.04.
5        (4) The amount of interest, if any, earned by the
6    Authority during the previous State fiscal year on the
7    proceeds of bonds or notes issued pursuant to subdivisions
8    (g)(2) and (g)(3) of Section 4.04, other than refunding or
9    advance refunding bonds or notes.
10    The certification shall include a specific schedule of
11debt service payments, including the date and amount of each
12payment for all outstanding bonds or notes and an estimated
13schedule of anticipated debt service for all bonds and notes
14it intends to issue, if any, during that State fiscal year,
15including the estimated date and estimated amount of each
16payment.
17    Immediately upon the issuance of bonds for which an
18estimated schedule of debt service payments was prepared, the
19Authority shall file an amended certification with respect to
20item (2) above, to specify the actual schedule of debt service
21payments, including the date and amount of each payment, for
22the remainder of the State fiscal year.
23    On the first day of each month of the State fiscal year in
24which there are bonds outstanding with respect to which the
25certification is made, the State Comptroller shall order
26transferred and the State Treasurer shall transfer from the

 

 

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1Road Fund to the Public Transportation Fund the Additional
2State Assistance and Additional Financial Assistance in an
3amount equal to the aggregate of (i) one-twelfth of the sum of
4the amounts certified under items (1) and (3) above less the
5amount certified under item (4) above, plus (ii) the amount
6required to pay debt service on bonds and notes issued during
7the fiscal year, if any, divided by the number of months
8remaining in the fiscal year after the date of issuance, or
9some smaller portion as may be necessary under subsection (c)
10or (c-5) of this Section for the relevant State fiscal year,
11plus (iii) any cumulative deficiencies in transfers for prior
12months, until an amount equal to the sum of the amounts
13certified under items (1) and (3) above, plus the actual debt
14service certified under item (2) above, less the amount
15certified under item (4) above, has been transferred; except
16that these transfers are subject to the following limits:
17        (A) In no event shall the total transfers in any State
18    fiscal year relating to outstanding bonds and notes issued
19    by the Authority under subdivision (g)(2) of Section 4.04
20    exceed the lesser of the annual maximum amount specified
21    in subsection (c) or the sum of the amounts certified
22    under items (1) and (3) above, plus the actual debt
23    service certified under item (2) above, less the amount
24    certified under item (4) above, with respect to those
25    bonds and notes.
26        (B) In no event shall the total transfers in any State

 

 

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1    fiscal year relating to outstanding bonds and notes issued
2    by the Authority under subdivision (g)(3) of Section 4.04
3    exceed the lesser of the annual maximum amount specified
4    in subsection (c-5) or the sum of the amounts certified
5    under items (1) and (3) above, plus the actual debt
6    service certified under item (2) above, less the amount
7    certified under item (4) above, with respect to those
8    bonds and notes.
9    The term "outstanding" does not include bonds or notes for
10which refunding or advance refunding bonds or notes have been
11issued.
12    (e) Neither Additional State Assistance nor Additional
13Financial Assistance may be pledged, either directly or
14indirectly as general revenues of the Authority, as security
15for any bonds issued by the Authority. The Authority may not
16assign its right to receive Additional State Assistance or
17Additional Financial Assistance, or direct payment of
18Additional State Assistance or Additional Financial
19Assistance, to a trustee or any other entity for the payment of
20debt service on its bonds.
21    (f) The certification required under subsection (d) with
22respect to outstanding bonds and notes of the Authority shall
23be filed as early as practicable before the beginning of the
24State fiscal year to which it relates. The certification shall
25be revised as may be necessary to accurately state the debt
26service requirements of the Authority.

 

 

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1    (g) Within 6 months of the end of each fiscal year, the
2Authority shall determine:
3        (i) whether the aggregate of all system generated
4    revenues for public transportation in the metropolitan
5    region which is provided by, or under grant or purchase of
6    service contracts with, the Service Boards equals 50% of
7    the aggregate of all costs of providing such public
8    transportation. "System generated revenues" include all
9    the proceeds of fares and charges for services provided,
10    contributions received in connection with public
11    transportation from units of local government other than
12    the Authority, except for contributions received by the
13    Chicago Transit Authority from a real estate transfer tax
14    imposed under subsection (i) of Section 8-3-19 of the
15    Illinois Municipal Code, and from the State pursuant to
16    subsection (i) of Section 2705-305 of the Department of
17    Transportation Law, and all other revenues properly
18    included consistent with generally accepted accounting
19    principles but may not include: the proceeds from any
20    borrowing, and, beginning with the 2007 fiscal year, all
21    revenues and receipts, including but not limited to fares
22    and grants received from the federal, State or any unit of
23    local government or other entity, derived from providing
24    ADA paratransit service pursuant to Section 2.30 of the
25    Regional Transportation Authority Act. "Costs" include all
26    items properly included as operating costs consistent with

 

 

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1    generally accepted accounting principles, including
2    administrative costs, but do not include: depreciation;
3    payment of principal and interest on bonds, notes or other
4    evidences of obligations for borrowed money of the
5    Authority; payments with respect to public transportation
6    facilities made pursuant to subsection (b) of Section
7    2.20; any payments with respect to rate protection
8    contracts, credit enhancements or liquidity agreements
9    made under Section 4.14; any other cost as to which it is
10    reasonably expected that a cash expenditure will not be
11    made; costs for passenger security including grants,
12    contracts, personnel, equipment and administrative
13    expenses, except in the case of the Chicago Transit
14    Authority, in which case the term does not include costs
15    spent annually by that entity for protection against crime
16    as required by Section 27a of the Metropolitan Transit
17    Authority Act; the costs of Debt Service paid by the
18    Chicago Transit Authority, as defined in Section 12c of
19    the Metropolitan Transit Authority Act, or bonds or notes
20    issued pursuant to that Section; the payment by the
21    Commuter Rail Division of debt service on bonds issued
22    pursuant to Section 3B.09; expenses incurred by the
23    Suburban Bus Division for the cost of new public
24    transportation services funded from grants pursuant to
25    Section 2.01e of this Act for a period of 2 years from the
26    date of initiation of each such service; costs as exempted

 

 

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1    by the Board for projects pursuant to Section 2.09 of this
2    Act; or, beginning with the 2007 fiscal year, expenses
3    related to providing ADA paratransit service pursuant to
4    Section 2.30 of the Regional Transportation Authority Act;
5    or in fiscal years 2008 through 2012 inclusive, costs in
6    the amount of $200,000,000 in fiscal year 2008, reducing
7    by $40,000,000 in each fiscal year thereafter until this
8    exemption is eliminated. If said system generated revenues
9    are less than 50% of said costs, the Board shall remit an
10    amount equal to the amount of the deficit to the State;
11    however, due to the fiscal impacts from the COVID-19
12    pandemic, for fiscal years 2021, 2022, and 2023, no such
13    payment shall be required. The Treasurer shall deposit any
14    such payment in the Road Fund; and
15        (ii) whether, beginning with the 2007 fiscal year, the
16    aggregate of all fares charged and received for ADA
17    paratransit services equals the system generated ADA
18    paratransit services revenue recovery ratio percentage of
19    the aggregate of all costs of providing such ADA
20    paratransit services.
21    (h) If the Authority makes any payment to the State under
22paragraph (g), the Authority shall reduce the amount provided
23to a Service Board from funds transferred under paragraph (a)
24in proportion to the amount by which that Service Board failed
25to meet its required system generated revenues recovery ratio.
26A Service Board which is affected by a reduction in funds under

 

 

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1this paragraph shall submit to the Authority concurrently with
2its next due quarterly report a revised budget incorporating
3the reduction in funds. The revised budget must meet the
4criteria specified in clauses (i) through (vi) of Section
54.11(b)(2). The Board shall review and act on the revised
6budget as provided in Section 4.11(b)(3).
7(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
8101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
 
9    Section 20. The Employee Sick Leave Act is amended by
10changing Section 21 as follows:
 
11    (820 ILCS 191/21)
12    Sec. 21. Employments exempted from coverage.
13    (a) This Act does not apply to an employee of an employer
14subject to the provisions of Title II of the Railway Labor Act
15(45 U.S.C. 181 et seq.) or to an employer or employee as
16defined in either the federal Railroad Unemployment Insurance
17Act (45 U.S.C. 351 et seq.) or the Federal Employers'
18Liability Act, United States Code, Title 45, Sections 51
19through 60, or other comparable federal law.
20    (b) Nothing in this Act shall be construed to invalidate,
21diminish, or otherwise interfere with any collective
22bargaining agreement nor shall it be construed to invalidate,
23diminish, or otherwise interfere with any party's power to
24collectively bargain such an agreement.

 

 

HB0106 Enrolled- 40 -LRB102 03976 HEP 13992 b

1    (c) This Act does not apply to any other employment
2expressly exempted under rules adopted by the Department as
3necessary to implement this Act in accordance with applicable
4State and federal law.
5(Source: P.A. 99-921, eff. 1-13-17.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.