Full Text of SB0856 103rd General Assembly
SB0856enr 103RD GENERAL ASSEMBLY | | | SB0856 Enrolled | | LRB103 03315 RPS 48321 b |
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| 1 | | AN ACT concerning State government. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Identification Card Act is amended | 5 | | by changing Section 5 as follows: | 6 | | (15 ILCS 335/5) (from Ch. 124, par. 25) | 7 | | (Text of Section before amendment by P.A. 103-210 ) | 8 | | Sec. 5. Applications. | 9 | | (a) Any natural person who is a resident of the State of | 10 | | Illinois may file an application for an identification card, | 11 | | or for the renewal thereof, in a manner prescribed by the | 12 | | Secretary. Each original application shall be completed by the | 13 | | applicant in full and shall set forth the legal name, | 14 | | residence address and zip code, social security number, birth | 15 | | date, sex and a brief description of the applicant. The | 16 | | applicant shall be photographed, unless the Secretary of State | 17 | | has provided by rule for the issuance of identification cards | 18 | | without photographs and the applicant is deemed eligible for | 19 | | an identification card without a photograph under the terms | 20 | | and conditions imposed by the Secretary of State, and he or she | 21 | | shall also submit any other information as the Secretary may | 22 | | deem necessary or such documentation as the Secretary may | 23 | | require to determine the identity of the applicant. In |
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| 1 | | addition to the residence address, the Secretary may allow the | 2 | | applicant to provide a mailing address. If the applicant is an | 3 | | employee of the Department of Children and Family Services | 4 | | with a job title of "Child Protection Specialist Trainee", | 5 | | "Child Protection Specialist", "Child Protection Advanced | 6 | | Specialist", "Child Welfare Specialist Trainee", "Child | 7 | | Welfare Specialist", or "Child Welfare Advanced Specialist" or | 8 | | a judicial officer as defined in Section 1-10 of the Judicial | 9 | | Privacy Act or a peace officer, the applicant may elect to have | 10 | | his or her office or work address in lieu of the applicant's | 11 | | residence or mailing address. An applicant for an Illinois | 12 | | Person with a Disability Identification Card must also submit | 13 | | with each original or renewal application, on forms prescribed | 14 | | by the Secretary, such documentation as the Secretary may | 15 | | require, establishing that the applicant is a "person with a | 16 | | disability" as defined in Section 4A of this Act, and setting | 17 | | forth the applicant's type and class of disability as set | 18 | | forth in Section 4A of this Act. For the purposes of this | 19 | | subsection (a), "peace officer" means any person who by virtue | 20 | | of his or her office or public employment is vested by law with | 21 | | a duty to maintain public order or to make arrests for a | 22 | | violation of any penal statute of this State, whether that | 23 | | duty extends to all violations or is limited to specific | 24 | | violations. | 25 | | (a-5) Upon the first issuance of a request for proposals | 26 | | for a digital driver's license and identification card |
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| 1 | | issuance and facial recognition system issued after January 1, | 2 | | 2020 (the effective date of Public Act 101-513), and upon | 3 | | implementation of a new or revised system procured pursuant to | 4 | | that request for proposals, the Secretary shall permit | 5 | | applicants to choose between "male", "female", or "non-binary" | 6 | | when designating the applicant's sex on the identification | 7 | | card application form. The sex designated by the applicant | 8 | | shall be displayed on the identification card issued to the | 9 | | applicant. | 10 | | (b) Beginning on or before July 1, 2015, for each original | 11 | | or renewal identification card application under this Act, the | 12 | | Secretary shall inquire as to whether the applicant is a | 13 | | veteran for purposes of issuing an identification card with a | 14 | | veteran designation under subsection (c-5) of Section 4 of | 15 | | this Act. The acceptable forms of proof shall include, but are | 16 | | not limited to, Department of Defense form DD-214, Department | 17 | | of Defense form DD-256 for applicants who did not receive a | 18 | | form DD-214 upon the completion of initial basic training, | 19 | | Department of Defense form DD-2 (Retired), an identification | 20 | | card issued under the federal Veterans Identification Card Act | 21 | | of 2015, or a United States Department of Veterans Affairs | 22 | | summary of benefits letter. If the document cannot be stamped, | 23 | | the Illinois Department of Veterans' Affairs shall provide a | 24 | | certificate to the veteran to provide to the Secretary of | 25 | | State. The Illinois Department of Veterans' Affairs shall | 26 | | advise the Secretary as to what other forms of proof of a |
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| 1 | | person's status as a veteran are acceptable. | 2 | | For each applicant who is issued an identification card | 3 | | with a veteran designation, the Secretary shall provide the | 4 | | Department of Veterans' Affairs with the applicant's name, | 5 | | address, date of birth, gender, and such other demographic | 6 | | information as agreed to by the Secretary and the Department. | 7 | | The Department may take steps necessary to confirm the | 8 | | applicant is a veteran. If after due diligence, including | 9 | | writing to the applicant at the address provided by the | 10 | | Secretary, the Department is unable to verify the applicant's | 11 | | veteran status, the Department shall inform the Secretary, who | 12 | | shall notify the applicant that he or she must confirm status | 13 | | as a veteran, or the identification card will be cancelled. | 14 | | For purposes of this subsection (b): | 15 | | "Armed forces" means any of the Armed Forces of the United | 16 | | States, including a member of any reserve component or | 17 | | National Guard unit. | 18 | | "Veteran" means a person who has served in the armed | 19 | | forces and was discharged or separated under honorable | 20 | | conditions. | 21 | | (c) All applicants for REAL ID compliant standard Illinois | 22 | | Identification Cards and Illinois Person with a Disability | 23 | | Identification Cards shall provide proof of lawful status in | 24 | | the United States as defined in 6 CFR 37.3, as amended. | 25 | | Applicants who are unable to provide the Secretary with proof | 26 | | of lawful status are ineligible for REAL ID compliant |
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| 1 | | identification cards under this Act. | 2 | | (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19; | 3 | | 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.) | 4 | | (Text of Section after amendment by P.A. 103-210 ) | 5 | | Sec. 5. Applications. | 6 | | (a) Any natural person who is a resident of the State of | 7 | | Illinois may file an application for an identification card, | 8 | | or for the renewal thereof, in a manner prescribed by the | 9 | | Secretary. Each original application shall be completed by the | 10 | | applicant in full and shall set forth the legal name, | 11 | | residence address and zip code, social security number, if the | 12 | | person has a social security number, birth date, sex and a | 13 | | brief description of the applicant. The applicant shall be | 14 | | photographed, unless the Secretary of State has provided by | 15 | | rule for the issuance of identification cards without | 16 | | photographs and the applicant is deemed eligible for an | 17 | | identification card without a photograph under the terms and | 18 | | conditions imposed by the Secretary of State, and he or she | 19 | | shall also submit any other information as the Secretary may | 20 | | deem necessary or such documentation as the Secretary may | 21 | | require to determine the identity of the applicant. In | 22 | | addition to the residence address, the Secretary may allow the | 23 | | applicant to provide a mailing address. If the applicant is an | 24 | | employee of the Department of Children and Family Services | 25 | | with a job title of "Child Protection Specialist Trainee", |
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| 1 | | "Child Protection Specialist", "Child Protection Advanced | 2 | | Specialist", "Child Welfare Specialist Trainee", "Child | 3 | | Welfare Specialist" or "Child Welfare Advanced Specialist or a | 4 | | judicial officer as defined in Section 1-10 of the Judicial | 5 | | Privacy Act or a peace officer, the applicant may elect to have | 6 | | his or her office or work address in lieu of the applicant's | 7 | | residence or mailing address. An applicant for an Illinois | 8 | | Person with a Disability Identification Card must also submit | 9 | | with each original or renewal application, on forms prescribed | 10 | | by the Secretary, such documentation as the Secretary may | 11 | | require, establishing that the applicant is a "person with a | 12 | | disability" as defined in Section 4A of this Act, and setting | 13 | | forth the applicant's type and class of disability as set | 14 | | forth in Section 4A of this Act. For the purposes of this | 15 | | subsection (a), "peace officer" means any person who by virtue | 16 | | of his or her office or public employment is vested by law with | 17 | | a duty to maintain public order or to make arrests for a | 18 | | violation of any penal statute of this State, whether that | 19 | | duty extends to all violations or is limited to specific | 20 | | violations. | 21 | | (a-5) Upon the first issuance of a request for proposals | 22 | | for a digital driver's license and identification card | 23 | | issuance and facial recognition system issued after January 1, | 24 | | 2020 (the effective date of Public Act 101-513), and upon | 25 | | implementation of a new or revised system procured pursuant to | 26 | | that request for proposals, the Secretary shall permit |
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| 1 | | applicants to choose between "male", "female", or "non-binary" | 2 | | when designating the applicant's sex on the identification | 3 | | card application form. The sex designated by the applicant | 4 | | shall be displayed on the identification card issued to the | 5 | | applicant. | 6 | | (b) Beginning on or before July 1, 2015, for each original | 7 | | or renewal identification card application under this Act, the | 8 | | Secretary shall inquire as to whether the applicant is a | 9 | | veteran for purposes of issuing an identification card with a | 10 | | veteran designation under subsection (c-5) of Section 4 of | 11 | | this Act. The acceptable forms of proof shall include, but are | 12 | | not limited to, Department of Defense form DD-214, Department | 13 | | of Defense form DD-256 for applicants who did not receive a | 14 | | form DD-214 upon the completion of initial basic training, | 15 | | Department of Defense form DD-2 (Retired), an identification | 16 | | card issued under the federal Veterans Identification Card Act | 17 | | of 2015, or a United States Department of Veterans Affairs | 18 | | summary of benefits letter. If the document cannot be stamped, | 19 | | the Illinois Department of Veterans' Affairs shall provide a | 20 | | certificate to the veteran to provide to the Secretary of | 21 | | State. The Illinois Department of Veterans' Affairs shall | 22 | | advise the Secretary as to what other forms of proof of a | 23 | | person's status as a veteran are acceptable. | 24 | | For each applicant who is issued an identification card | 25 | | with a veteran designation, the Secretary shall provide the | 26 | | Department of Veterans' Affairs with the applicant's name, |
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| 1 | | address, date of birth, gender, and such other demographic | 2 | | information as agreed to by the Secretary and the Department. | 3 | | The Department may take steps necessary to confirm the | 4 | | applicant is a veteran. If after due diligence, including | 5 | | writing to the applicant at the address provided by the | 6 | | Secretary, the Department is unable to verify the applicant's | 7 | | veteran status, the Department shall inform the Secretary, who | 8 | | shall notify the applicant that he or she must confirm status | 9 | | as a veteran, or the identification card will be cancelled. | 10 | | For purposes of this subsection (b): | 11 | | "Armed forces" means any of the Armed Forces of the United | 12 | | States, including a member of any reserve component or | 13 | | National Guard unit. | 14 | | "Veteran" means a person who has served in the armed | 15 | | forces and was discharged or separated under honorable | 16 | | conditions. | 17 | | (c) All applicants for REAL ID compliant standard Illinois | 18 | | Identification Cards and Illinois Person with a Disability | 19 | | Identification Cards shall provide proof of lawful status in | 20 | | the United States as defined in 6 CFR 37.3, as amended. | 21 | | Applicants who are unable to provide the Secretary with proof | 22 | | of lawful status are ineligible for REAL ID compliant | 23 | | identification cards under this Act. | 24 | | (d) The Secretary of State may accept, as proof of date of | 25 | | birth and written signature for any applicant for a standard | 26 | | identification card who does not have a social security number |
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| 1 | | or documentation issued by the United States Department of | 2 | | Homeland Security authorizing the applicant's presence in this | 3 | | country, any passport validly issued to the applicant from the | 4 | | applicant's country of citizenship or a consular | 5 | | identification document validly issued to the applicant by a | 6 | | consulate of that country as defined in Section 5 of the | 7 | | Consular Identification Document Act. Any such documents must | 8 | | be either unexpired or presented by an applicant within 2 | 9 | | years of its expiration date. | 10 | | (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24.) | 11 | | Section 10. The Illinois Vehicle Code is amended by | 12 | | changing Section 6-110 as follows: | 13 | | (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110) | 14 | | Sec. 6-110. Licenses issued to drivers. | 15 | | (a) The Secretary of State shall issue to every qualifying | 16 | | applicant a driver's license as applied for, which license | 17 | | shall bear a distinguishing number assigned to the licensee, | 18 | | the legal name, signature, zip code, date of birth, residence | 19 | | address, and a brief description of the licensee. | 20 | | Licenses issued shall also indicate the classification and | 21 | | the restrictions under Section 6-104 of this Code. The | 22 | | Secretary may adopt rules to establish informational | 23 | | restrictions that can be placed on the driver's license | 24 | | regarding specific conditions of the licensee. |
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| 1 | | A driver's license issued may, in the discretion of the | 2 | | Secretary, include a suitable photograph of a type prescribed | 3 | | by the Secretary. | 4 | | (a-1) If the licensee is less than 18 years of age, unless | 5 | | one of the exceptions in subsection (a-2) apply, the license | 6 | | shall, as a matter of law, be invalid for the operation of any | 7 | | motor vehicle during the following times: | 8 | | (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | 9 | | (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | 10 | | Sunday; and | 11 | | (C) Between 10:00 p.m. on Sunday to Thursday, | 12 | | inclusive, and 6:00 a.m. on the following day. | 13 | | (a-2) The driver's license of a person under the age of 18 | 14 | | shall not be invalid as described in subsection (a-1) of this | 15 | | Section if the licensee under the age of 18 was: | 16 | | (1) accompanied by the licensee's parent or guardian | 17 | | or other person in custody or control of the minor; | 18 | | (2) on an errand at the direction of the minor's | 19 | | parent or guardian, without any detour or stop; | 20 | | (3) in a motor vehicle involved in interstate travel; | 21 | | (4) going to or returning home from an employment | 22 | | activity, without any detour or stop; | 23 | | (5) involved in an emergency; | 24 | | (6) going to or returning home from, without any | 25 | | detour or stop, an official school, religious, or other | 26 | | recreational activity supervised by adults and sponsored |
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| 1 | | by a government or governmental agency, a civic | 2 | | organization, or another similar entity that takes | 3 | | responsibility for the licensee, without any detour or | 4 | | stop; | 5 | | (7) exercising First Amendment rights protected by the | 6 | | United States Constitution, such as the free exercise of | 7 | | religion, freedom of speech, and the right of assembly; or | 8 | | (8) married or had been married or is an emancipated | 9 | | minor under the Emancipation of Minors Act. | 10 | | (a-2.5) The driver's license of a person who is 17 years of | 11 | | age and has been licensed for at least 12 months is not invalid | 12 | | as described in subsection (a-1) of this Section while the | 13 | | licensee is participating as an assigned driver in a Safe | 14 | | Rides program that meets the following criteria: | 15 | | (1) the program is sponsored by the Boy Scouts of | 16 | | America or another national public service organization; | 17 | | and | 18 | | (2) the sponsoring organization carries liability | 19 | | insurance covering the program. | 20 | | (a-3) If a graduated driver's license holder over the age | 21 | | of 18 committed an offense against traffic regulations | 22 | | governing the movement of vehicles or any violation of Section | 23 | | 6-107 or Section 12-603.1 of this Code in the 6 months prior to | 24 | | the graduated driver's license holder's 18th birthday, and was | 25 | | subsequently convicted of the offense, the provisions of | 26 | | subsection (a-1) shall continue to apply until such time as a |
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| 1 | | period of 6 consecutive months has elapsed without an | 2 | | additional violation and subsequent conviction of an offense | 3 | | against traffic regulations governing the movement of vehicles | 4 | | or Section 6-107 or Section 12-603.1 of this Code. | 5 | | (a-4) If an applicant for a driver's license or | 6 | | instruction permit has a current identification card issued by | 7 | | the Secretary of State, the Secretary may require the | 8 | | applicant to utilize the same residence address and name on | 9 | | the identification card, driver's license, and instruction | 10 | | permit records maintained by the Secretary. The Secretary may | 11 | | promulgate rules to implement this provision. | 12 | | (a-5) If an applicant for a driver's license is an | 13 | | employee of the Department of Children and Family Services | 14 | | with a job title of "Child Protection Specialist Trainee", | 15 | | "Child Protection Specialist", "Child Protection Advanced | 16 | | Specialist", "Child Welfare Specialist Trainee", "Child | 17 | | Welfare Specialist", or "Child Welfare Advanced Specialist" or | 18 | | a judicial officer or a peace officer, the applicant may elect | 19 | | to have his or her office or work address listed on the license | 20 | | instead of the applicant's residence or mailing address. The | 21 | | Secretary of State shall adopt rules to implement this | 22 | | subsection (a-5). For the purposes of this subsection (a-5), | 23 | | "peace officer" means any person who by virtue of his or her | 24 | | office or public employment is vested by law with a duty to | 25 | | maintain public order or to make arrests for a violation of any | 26 | | penal statute of this State, whether that duty extends to all |
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| 1 | | violations or is limited to specific violations. | 2 | | (b) Until the Secretary of State establishes a First | 3 | | Person Consent organ and tissue donor registry under Section | 4 | | 6-117 of this Code, the Secretary of State shall provide a | 5 | | format on the reverse of each driver's license issued which | 6 | | the licensee may use to execute a document of gift conforming | 7 | | to the provisions of the Illinois Anatomical Gift Act. The | 8 | | format shall allow the licensee to indicate the gift intended, | 9 | | whether specific organs, any organ, or the entire body, and | 10 | | shall accommodate the signatures of the donor and 2 witnesses. | 11 | | The Secretary shall also inform each applicant or licensee of | 12 | | this format, describe the procedure for its execution, and may | 13 | | offer the necessary witnesses; provided that in so doing, the | 14 | | Secretary shall advise the applicant or licensee that he or | 15 | | she is under no compulsion to execute a document of gift. A | 16 | | brochure explaining this method of executing an anatomical | 17 | | gift document shall be given to each applicant or licensee. | 18 | | The brochure shall advise the applicant or licensee that he or | 19 | | she is under no compulsion to execute a document of gift, and | 20 | | that he or she may wish to consult with family, friends or | 21 | | clergy before doing so. The Secretary of State may undertake | 22 | | additional efforts, including education and awareness | 23 | | activities, to promote organ and tissue donation. | 24 | | (c) The Secretary of State shall designate on each | 25 | | driver's license issued a space where the licensee may place a | 26 | | sticker or decal of the uniform size as the Secretary may |
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| 1 | | specify, which sticker or decal may indicate in appropriate | 2 | | language that the owner of the license carries an Emergency | 3 | | Medical Information Card. | 4 | | The sticker may be provided by any person, hospital, | 5 | | school, medical group, or association interested in assisting | 6 | | in implementing the Emergency Medical Information Card, but | 7 | | shall meet the specifications as the Secretary may by rule or | 8 | | regulation require. | 9 | | (d) The Secretary of State shall designate on each | 10 | | driver's license issued a space where the licensee may | 11 | | indicate his blood type and RH factor. | 12 | | (e) The Secretary of State shall provide that each | 13 | | original or renewal driver's license issued to a licensee | 14 | | under 21 years of age shall be of a distinct nature from those | 15 | | driver's licenses issued to individuals 21 years of age and | 16 | | older. The color designated for driver's licenses for | 17 | | licensees under 21 years of age shall be at the discretion of | 18 | | the Secretary of State. | 19 | | (e-1) The Secretary shall provide that each driver's | 20 | | license issued to a person under the age of 21 displays the | 21 | | date upon which the person becomes 18 years of age and the date | 22 | | upon which the person becomes 21 years of age. | 23 | | (e-3) The General Assembly recognizes the need to identify | 24 | | military veterans living in this State for the purpose of | 25 | | ensuring that they receive all of the services and benefits to | 26 | | which they are legally entitled, including healthcare, |
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| 1 | | education assistance, and job placement. To assist the State | 2 | | in identifying these veterans and delivering these vital | 3 | | services and benefits, the Secretary of State is authorized to | 4 | | issue drivers' licenses with the word "veteran" appearing on | 5 | | the face of the licenses. This authorization is predicated on | 6 | | the unique status of veterans. The Secretary may not issue any | 7 | | other driver's license which identifies an occupation, status, | 8 | | affiliation, hobby, or other unique characteristics of the | 9 | | license holder which is unrelated to the purpose of the | 10 | | driver's license. | 11 | | (e-5) Beginning on or before July 1, 2015, the Secretary | 12 | | of State shall designate a space on each original or renewal | 13 | | driver's license where, at the request of the applicant, the | 14 | | word "veteran" shall be placed. The veteran designation shall | 15 | | be available to a person identified as a veteran under | 16 | | subsection (e) of Section 6-106 of this Code who was | 17 | | discharged or separated under honorable conditions. | 18 | | (f) The Secretary of State shall inform all Illinois | 19 | | licensed commercial motor vehicle operators of the | 20 | | requirements of the Uniform Commercial Driver License Act, | 21 | | Article V of this Chapter, and shall make provisions to insure | 22 | | that all drivers, seeking to obtain a commercial driver's | 23 | | license, be afforded an opportunity prior to April 1, 1992, to | 24 | | obtain the license. The Secretary is authorized to extend | 25 | | driver's license expiration dates, and assign specific times, | 26 | | dates and locations where these commercial driver's tests |
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| 1 | | shall be conducted. Any applicant, regardless of the current | 2 | | expiration date of the applicant's driver's license, may be | 3 | | subject to any assignment by the Secretary. Failure to comply | 4 | | with the Secretary's assignment may result in the applicant's | 5 | | forfeiture of an opportunity to receive a commercial driver's | 6 | | license prior to April 1, 1992. | 7 | | (g) The Secretary of State shall designate on a driver's | 8 | | license issued, a space where the licensee may indicate that | 9 | | he or she has drafted a living will in accordance with the | 10 | | Illinois Living Will Act or a durable power of attorney for | 11 | | health care in accordance with the Illinois Power of Attorney | 12 | | Act. | 13 | | (g-1) The Secretary of State, in his or her discretion, | 14 | | may designate on each driver's license issued a space where | 15 | | the licensee may place a sticker or decal, issued by the | 16 | | Secretary of State, of uniform size as the Secretary may | 17 | | specify, that shall indicate in appropriate language that the | 18 | | owner of the license has renewed his or her driver's license. | 19 | | (h) A person who acts in good faith in accordance with the | 20 | | terms of this Section is not liable for damages in any civil | 21 | | action or subject to prosecution in any criminal proceeding | 22 | | for his or her act. | 23 | | (Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13; | 24 | | 97-847, eff. 1-1-13; 97-1127, eff. 1-1-13; 98-323, eff. | 25 | | 1-1-14; 98-463, eff. 8-16-13.) |
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| 1 | | Section 95. No acceleration or delay. Where this Act makes | 2 | | changes in a statute that is represented in this Act by text | 3 | | that is not yet or no longer in effect (for example, a Section | 4 | | represented by multiple versions), the use of that text does | 5 | | not accelerate or delay the taking effect of (i) the changes | 6 | | made by this Act or (ii) provisions derived from any other | 7 | | Public Act. | 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law. |
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