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90_SB0800enr
New Act
5 ILCS 140/7 from Ch. 116, par. 207
70 ILCS 3605/9a from Ch. 111 2/3, par. 309a
70 ILCS 3605/9b from Ch. 111 2/3, par. 309b
70 ILCS 3605/27a from Ch. 111 2/3, par. 327a
70 ILCS 3615/2.11 from Ch. 111 2/3, par. 702.11
625 ILCS 5/15-308.1 new
70 ILCS 3615/4.01a rep.
Creates the Bi-State Transit Safety Act to develop and
implement a safety program in compliance with a national
state safety oversight program for rail fixed guideway
systems operating in the States of Missouri and Illinois.
Amends the Freedom of Information Act to include in the list
of information exempt from inspection and copying security
portions of system safety programs compiled by the Regional
Transportation Authority or the State of Missouri. Amends the
Metropolitan Transit Authority Act to require compliance with
Section 2.11b of the Regional Transportation Authority Act.
Amends the Regional Transportation Authority Act to require
the Authority to develop and adopt a system safety program
standard for the safety of rail fixed guideway systems in
compliance with the national state safety oversight program.
Amends the Illinois Vehicle Code. Prescribes permit
requirements and fee of $500 for moving oversize or
overweight equipment to the site of rail derailments. Repeals
Section in the Regional Transportation Authority Act
concerning the oversight board. Effective immediately.
LRB9001375KDksC
SB800 Enrolled LRB9001375KDksC
1 AN ACT in relation to transportation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Bi-State Transit Safety Act.
6 Section 5. Definitions. As used in this Act:
7 "Accident" means any event involving the revenue service
8 operation of a rail fixed guideway system if as a result:
9 (1) an individual dies;
10 (2) an individual suffers bodily injury and
11 immediately receives medical treatment away from the
12 scene of the accident; or
13 (3) a collision, derailment, or fire causes
14 property damage in excess of $100,000.
15 "APTA Guidelines" means the American Public Transit
16 Association's "Manual for the Development of Rail Transit
17 System Safety Program Plans", published on August 20, 1991.
18 "FTA" means the Federal Transit Administration, an agency
19 within the U.S. Department of Transportation.
20 "Hazardous condition" means a condition that may endanger
21 human life or property. It includes unacceptable hazardous
22 conditions.
23 "Investigation" means a process to determine the probable
24 cause of an accident or an unacceptable hazardous condition;
25 it may involve no more than a review and approval of the
26 transit agency's determination of the probable cause of an
27 accident or unacceptable hazardous condition.
28 "Rail fixed guideway system" means any light, heavy, or
29 rapid rail system, monorail, inclined plane, funicular,
30 trolley, or automated guideway that is:
31 (1) included in FTA's calculation or fixed guideway
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1 route miles or receives funding under FTA's formula
2 program for urbanized areas; and
3 (2) not regulated by the Federal Railroad
4 Administration.
5 "Revenue service operation" means an operation outside of
6 a rail yard.
7 "System safety program plan" means a document adopted by
8 the transit agency detailing its safety policies, objectives,
9 responsibilities, and procedures.
10 "System safety program standard" means the standard
11 developed and adopted by the State oversight agency which, at
12 a minimum, complies with the APTA Guidelines, requires the
13 immediate notification of appropriate Illinois emergency
14 service agencies in the event of an accident in Illinois, and
15 which addresses personal security.
16 "Transit agency" means an entity operating a rail fixed
17 guideway system.
18 "Unacceptable hazardous condition" means a hazardous
19 condition determined to be an unacceptable hazardous
20 condition using the APTA Guidelines' Hazard Resolution
21 Matrix.
22 Section 10. Powers. In further effectuation of the
23 Bi-State Development Compact Act creating the Bi-State
24 Development Agency, the State of Illinois hereby authorizes
25 the State of Missouri to exercise the following powers:
26 (1) To regulate the safety of rail fixed guideway
27 systems and the personal security of the passengers and
28 employees of the Bi-State Development Agency located and
29 operated within the boundaries of the State of Illinois,
30 in a manner consistent with "Rail Fixed Guideway Systems;
31 State Safety Oversight", 49 CFR Part 659.
32 (2) To develop, adopt, and implement a system
33 safety program standard meeting the compliance
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1 requirements prescribed in Sections 659.31 and 659.33 of
2 "Rail Fixed Guideway Systems; State Safety Oversight".
3 (3) To require the Bi-State Development Agency to
4 report accidents and unacceptable hazardous conditions to
5 the State of Missouri within a period of time specified
6 by the State of Missouri as required by Section 659.39 of
7 "Rail Fixed Guideway Systems; State Safety Oversight".
8 (4) To establish procedures to investigate
9 accidents and unacceptable hazardous conditions as
10 required by Section 659.41 of "Rail Fixed Guideway
11 Systems; State Safety Oversight".
12 (5) To direct the Bi-State Development Agency to
13 minimize, control, correct, or eliminate any investigated
14 hazardous condition within a period of time specified by
15 the State of Missouri as required by Section 659.43 of
16 "Rail Fixed Guideway Systems; State Safety Oversight".
17 (6) To perform all other necessary and incidental
18 functions related to its effectuation of this Act and as
19 mandated by "Rail Fixed Guideway Systems; State Safety
20 Oversight". The powers and obligations given to the State
21 of Missouri shall also include mandatory notification to
22 the Illinois Department of Transportation of the adoption
23 of standards and plans, completion of investigations,
24 reports, audits, and recommendations given pursuant to
25 this Act and copies of such standards and plans,
26 investigations, reports and audits and recommendations to
27 the Illinois Department of Transportation, upon request.
28 Section 15. Confidentiality of investigation reports.
29 The security portion of the system safety program plan,
30 investigation reports, surveys, schedules, lists, or data
31 compiled, collected, or prepared by the Bi-State Development
32 Agency or the State of Missouri under this Act, shall not be
33 subject to discovery or admitted into evidence in federal or
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1 State court or considered for other purposes in any civil
2 action for damages arising from any matter mentioned or
3 addressed in such plan, reports, surveys, schedules, lists,
4 or data.
5 Section 20. Liability. Neither the State of Missouri
6 nor employees or agents thereof nor the Bi-State Development
7 Agency nor its commissioners, officers, or employees, shall
8 be held liable in any civil action for any injury to any
9 person or property for any acts or omissions or failure to
10 act under this Act or "Rail Fixed Guideway Systems; State
11 Safety Oversight".
12 Section 25. Right to contract for safety consultation.
13 The State of Missouri may contract with the Bi-State
14 Development Agency for safety consultation under the State of
15 Missouri's duties created by this Act. The State of Missouri
16 may assess the Bi-State Development Agency for its expenses
17 in administering the Act.
18 Section 30. Jurisdiction. The jurisdiction of the State
19 of Missouri under this Act shall be exclusive, except to the
20 extent that its jurisdiction is preempted by federal statute,
21 regulation, or order.
22 Section 31. Repealer. This Act is repealed on July 1,
23 2001.
24 Section 50. The Freedom of Information Act is amended by
25 changing Section 7 as follows:
26 (5 ILCS 140/7) (from Ch. 116, par. 207)
27 Sec. 7. Exemptions.
28 (1) The following shall be exempt from inspection and
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1 copying:
2 (a) Information specifically prohibited from
3 disclosure by federal or State law or rules and
4 regulations adopted under federal or State law.
5 (b) Information that, if disclosed, would
6 constitute a clearly unwarranted invasion of personal
7 privacy, unless the disclosure is consented to in writing
8 by the individual subjects of the information. The
9 disclosure of information that bears on the public duties
10 of public employees and officials shall not be considered
11 an invasion of personal privacy. Information exempted
12 under this subsection (b) shall include but is not
13 limited to:
14 (i) files and personal information maintained
15 with respect to clients, patients, residents,
16 students or other individuals receiving social,
17 medical, educational, vocational, financial,
18 supervisory or custodial care or services directly
19 or indirectly from federal agencies or public
20 bodies;
21 (ii) personnel files and personal information
22 maintained with respect to employees, appointees or
23 elected officials of any public body or applicants
24 for those positions;
25 (iii) files and personal information
26 maintained with respect to any applicant, registrant
27 or licensee by any public body cooperating with or
28 engaged in professional or occupational
29 registration, licensure or discipline;
30 (iv) information required of any taxpayer in
31 connection with the assessment or collection of any
32 tax unless disclosure is otherwise required by State
33 statute; and
34 (v) information revealing the identity of
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1 persons who file complaints with or provide
2 information to administrative, investigative, law
3 enforcement or penal agencies; provided, however,
4 that identification of witnesses to traffic
5 accidents, traffic accident reports, and rescue
6 reports may be provided by agencies of local
7 government, except in a case for which a criminal
8 investigation is ongoing, without constituting a
9 clearly unwarranted per se invasion of personal
10 privacy under this subsection.
11 (c) Records compiled by any public body for
12 administrative enforcement proceedings and any law
13 enforcement or correctional agency for law enforcement
14 purposes or for internal matters of a public body, but
15 only to the extent that disclosure would:
16 (i) interfere with pending or actually and
17 reasonably contemplated law enforcement proceedings
18 conducted by any law enforcement or correctional
19 agency;
20 (ii) interfere with pending administrative
21 enforcement proceedings conducted by any public
22 body;
23 (iii) deprive a person of a fair trial or an
24 impartial hearing;
25 (iv) unavoidably disclose the identity of a
26 confidential source or confidential information
27 furnished only by the confidential source;
28 (v) disclose unique or specialized
29 investigative techniques other than those generally
30 used and known or disclose internal documents of
31 correctional agencies related to detection,
32 observation or investigation of incidents of crime
33 or misconduct;
34 (vi) constitute an invasion of personal
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1 privacy under subsection (b) of this Section;
2 (vii) endanger the life or physical safety of
3 law enforcement personnel or any other person; or
4 (viii) obstruct an ongoing criminal
5 investigation.
6 (d) Criminal history record information maintained
7 by State or local criminal justice agencies, except the
8 following which shall be open for public inspection and
9 copying:
10 (i) chronologically maintained arrest
11 information, such as traditional arrest logs or
12 blotters;
13 (ii) the name of a person in the custody of a
14 law enforcement agency and the charges for which
15 that person is being held;
16 (iii) court records that are public;
17 (iv) records that are otherwise available
18 under State or local law; or
19 (v) records in which the requesting party is
20 the individual identified, except as provided under
21 part (vii) of paragraph (c) of subsection (1) of
22 this Section.
23 "Criminal history record information" means data
24 identifiable to an individual and consisting of
25 descriptions or notations of arrests, detentions,
26 indictments, informations, pre-trial proceedings, trials,
27 or other formal events in the criminal justice system or
28 descriptions or notations of criminal charges (including
29 criminal violations of local municipal ordinances) and
30 the nature of any disposition arising therefrom,
31 including sentencing, court or correctional supervision,
32 rehabilitation and release. The term does not apply to
33 statistical records and reports in which individuals are
34 not identified and from which their identities are not
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1 ascertainable, or to information that is for criminal
2 investigative or intelligence purposes.
3 (e) Records that relate to or affect the security
4 of correctional institutions and detention facilities.
5 (f) Preliminary drafts, notes, recommendations,
6 memoranda and other records in which opinions are
7 expressed, or policies or actions are formulated, except
8 that a specific record or relevant portion of a record
9 shall not be exempt when the record is publicly cited and
10 identified by the head of the public body. The exemption
11 provided in this paragraph (f) extends to all those
12 records of officers and agencies of the General Assembly
13 that pertain to the preparation of legislative documents.
14 (g) Trade secrets and commercial or financial
15 information obtained from a person or business where the
16 trade secrets or information are proprietary, privileged
17 or confidential, or where disclosure of the trade secrets
18 or information may cause competitive harm, including all
19 information determined to be confidential under Section
20 4002 of the Technology Advancement and Development Act.
21 Nothing contained in this paragraph (g) shall be
22 construed to prevent a person or business from consenting
23 to disclosure.
24 (h) Proposals and bids for any contract, grant, or
25 agreement, including information which if it were
26 disclosed would frustrate procurement or give an
27 advantage to any person proposing to enter into a
28 contractor agreement with the body, until an award or
29 final selection is made. Information prepared by or for
30 the body in preparation of a bid solicitation shall be
31 exempt until an award or final selection is made.
32 (i) Valuable formulae, designs, drawings and
33 research data obtained or produced by any public body
34 when disclosure could reasonably be expected to produce
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1 private gain or public loss.
2 (j) Test questions, scoring keys and other
3 examination data used to administer an academic
4 examination or determined the qualifications of an
5 applicant for a license or employment.
6 (k) Architects' plans and engineers' technical
7 submissions for projects not constructed or developed in
8 whole or in part with public funds and for projects
9 constructed or developed with public funds, to the extent
10 that disclosure would compromise security.
11 (l) Library circulation and order records
12 identifying library users with specific materials.
13 (m) Minutes of meetings of public bodies closed to
14 the public as provided in the Open Meetings Act until the
15 public body makes the minutes available to the public
16 under Section 2.06 of the Open Meetings Act.
17 (n) Communications between a public body and an
18 attorney or auditor representing the public body that
19 would not be subject to discovery in litigation, and
20 materials prepared or compiled by or for a public body in
21 anticipation of a criminal, civil or administrative
22 proceeding upon the request of an attorney advising the
23 public body, and materials prepared or compiled with
24 respect to internal audits of public bodies.
25 (o) Information received by a primary or secondary
26 school, college or university under its procedures for
27 the evaluation of faculty members by their academic
28 peers.
29 (p) Administrative or technical information
30 associated with automated data processing operations,
31 including but not limited to software, operating
32 protocols, computer program abstracts, file layouts,
33 source listings, object modules, load modules, user
34 guides, documentation pertaining to all logical and
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1 physical design of computerized systems, employee
2 manuals, and any other information that, if disclosed,
3 would jeopardize the security of the system or its data
4 or the security of materials exempt under this Section.
5 (q) Documents or materials relating to collective
6 negotiating matters between public bodies and their
7 employees or representatives, except that any final
8 contract or agreement shall be subject to inspection and
9 copying.
10 (r) Drafts, notes, recommendations and memoranda
11 pertaining to the financing and marketing transactions of
12 the public body. The records of ownership, registration,
13 transfer, and exchange of municipal debt obligations, and
14 of persons to whom payment with respect to these
15 obligations is made.
16 (s) The records, documents and information relating
17 to real estate purchase negotiations until those
18 negotiations have been completed or otherwise terminated.
19 With regard to a parcel involved in a pending or actually
20 and reasonably contemplated eminent domain proceeding
21 under Article VII of the Code of Civil Procedure,
22 records, documents and information relating to that
23 parcel shall be exempt except as may be allowed under
24 discovery rules adopted by the Illinois Supreme Court.
25 The records, documents and information relating to a real
26 estate sale shall be exempt until a sale is consummated.
27 (t) Any and all proprietary information and records
28 related to the operation of an intergovernmental risk
29 management association or self-insurance pool or jointly
30 self-administered health and accident cooperative or
31 pool.
32 (u) Information concerning a university's
33 adjudication of student or employee grievance or
34 disciplinary cases, to the extent that disclosure would
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1 reveal the identity of the student or employee and
2 information concerning any public body's adjudication of
3 student or employee grievances or disciplinary cases,
4 except for the final outcome of the cases.
5 (v) Course materials or research materials used by
6 faculty members.
7 (w) Information related solely to the internal
8 personnel rules and practices of a public body.
9 (x) Information contained in or related to
10 examination, operating, or condition reports prepared by,
11 on behalf of, or for the use of a public body responsible
12 for the regulation or supervision of financial
13 institutions or insurance companies, unless disclosure is
14 otherwise required by State law.
15 (y) Information the disclosure of which is
16 restricted under Section 5-108 of the Public Utilities
17 Act.
18 (z) Manuals or instruction to staff that relate to
19 establishment or collection of liability for any State
20 tax or that relate to investigations by a public body to
21 determine violation of any criminal law.
22 (aa) Applications, related documents, and medical
23 records received by the Experimental Organ
24 Transplantation Procedures Board and any and all
25 documents or other records prepared by the Experimental
26 Organ Transplantation Procedures Board or its staff
27 relating to applications it has received.
28 (bb) Insurance or self insurance (including any
29 intergovernmental risk management association or self
30 insurance pool) claims, loss or risk management
31 information, records, data, advice or communications.
32 (cc) Information and records held by the Department
33 of Public Health and its authorized representatives
34 relating to known or suspected cases of sexually
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1 transmissible disease or any information the disclosure
2 of which is restricted under the Illinois Sexually
3 Transmissible Disease Control Act.
4 (dd) Information the disclosure of which is
5 exempted under Section 7 of the Radon Mitigation Act.
6 (ee) Firm performance evaluations under Section 55
7 of the Architectural, Engineering, and Land Surveying
8 Qualifications Based Selection Act.
9 (ff) Security portions of system safety program
10 plans, investigation reports, surveys, schedules, lists,
11 data, or information compiled, collected, or prepared by
12 or for the Regional Transportation Authority under
13 Section 2.11 of the Regional Transportation Authority Act
14 or the State of Missouri under the Bi-State Transit
15 Safety Act.
16 (2) This Section does not authorize withholding of
17 information or limit the availability of records to the
18 public, except as stated in this Section or otherwise
19 provided in this Act.
20 (Source: P.A. 87-241; 87-673; 87-895; 88-444.)
21 Section 55. The Metropolitan Transit Authority Act is
22 amended by changing Sections 9a, 9b, and 27a as follows:
23 (70 ILCS 3605/9a) (from Ch. 111 2/3, par. 309a)
24 Sec. 9a. In addition to all its other powers, the
25 Authority shall, in all its dealings with the Regional
26 Transportation Authority established by the "Regional
27 Transportation Authority Act", enacted by the 78th General
28 Assembly, have the following powers:
29 (a) to cooperate with the Regional Transportation
30 Authority in the exercise by the Regional Transportation
31 Authority of all the powers granted it by such Act;
32 (b) to receive funds from the Regional Transportation
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1 Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and
2 4.10 of the "Regional Transportation Authority Act", all as
3 provided in the "Regional Transportation Authority Act";
4 (c) to receive financial grants from the Regional
5 Transportation Authority or a Service Board, as defined in
6 the "Regional Transportation Authority Act", upon such terms
7 and conditions as shall be set forth in a grant contract
8 between either the Authority and the Regional Transportation
9 Authority or the Authority and another Service Board, which
10 contract or agreement may be for such number of years or
11 duration as the parties may agree, all as provided in the
12 "Regional Transportation Authority Act";
13 (d) to acquire from the Regional Transportation
14 Authority any Public Transportation Facility, as defined in
15 the "Regional Transportation Authority Act", by purchase
16 contract, gift, grant, exchange for other property or rights
17 in property, lease (or sublease) or installment or
18 conditional purchase contracts, which contracts or leases may
19 provide for consideration to be paid in annual installments
20 during a period not exceeding 40 years; such property may be
21 acquired subject to such conditions, restrictions, liens or
22 security or other interests of other parties as the Authority
23 may deem appropriate and in each case the Authority may
24 acquire or dispose of a joint, leasehold, easement, license
25 or other partial interest in such property;
26 (e) to sell, sell by installment contract, lease (or
27 sublease) as lessor, or transfer to, or grant to or provide
28 for the use by the Regional Transportation Authority any
29 Public Transportation Facility, as defined in the "Regional
30 Transportation Authority Act", upon such terms and for such
31 consideration, or for no consideration, as the Authority may
32 deem proper;
33 (f) to cooperate with the Regional Transportation
34 Authority for the protection of employees of the Authority
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1 and users of public transportation facilities against crime
2 and unsafe conditions and also to protect such facilities;
3 such cooperation may include, without limitation, agreements
4 for the coordination or merger of police or security forces;
5 (g) to file such budgets, financial plans and reports
6 with and transfer such records, papers or documents to the
7 Regional Transportation Authority as may be agreed upon with,
8 or required by the Regional Transportation Authority, all as
9 provided in the "Regional Transportation Authority Act".
10 (Source: P.A. 83-1362.)
11 (70 ILCS 3605/9b) (from Ch. 111 2/3, par. 309b)
12 Sec. 9b. The Authority shall comply with the requirements
13 imposed upon a Service Board in Sections 4.09(d) and 4.11 of
14 the Regional Transportation Authority Act and with the
15 requirements of subsection (b) of Section 2.11 of the
16 Regional Transportation Authority Act. The Authority shall
17 present evidence that it has complied with Section 27a of
18 this Act to the Regional Transportation Authority Oversight
19 Board created by Section 4.01a of the Regional Transportation
20 Authority Act, as amended.
21 (Source: P.A. 86-463.)
22 (70 ILCS 3605/27a) (from Ch. 111 2/3, par. 327a)
23 Sec. 27a. In addition to annually expending moneys equal
24 to moneys expended by the Authority in the fiscal year ending
25 December 31, 1988 for the protection against crime of its
26 properties, employees and consumers of its public
27 transportation services, the Authority also shall annually
28 expend for the protection against crime of its employees and
29 consumers, an amount that is equal to not less than 15
30 percent of all direct grants it receives from the State of
31 Illinois as reimbursement for providing reduced fares for
32 mass transportation services to students, handicapped persons
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1 and the elderly. The Authority shall provide to the Regional
2 Transportation Authority Oversight Board established pursuant
3 to Section 4.01a of the Regional Transportation Authority
4 Act, as amended, such information as is required by the
5 Regional Transportation Authority Oversight Board in
6 determining whether the Authority has expended moneys in
7 compliance with the provisions of this Section and with
8 respect to any studies and hearings that the Oversight Board
9 may conduct on the matter of the protection of employees of
10 the Chicago Transit Authority and consumers of public
11 transportation services provided by the Chicago Transit
12 Authority against crime. The provisions of this Section shall
13 apply in any fiscal year of the Authority only after all debt
14 service requirements are met for that fiscal year.
15 (Source: P.A. 86-463.)
16 Section 60. The Regional Transportation Authority Act is
17 amended by changing Section 2.11 as follows:
18 (70 ILCS 3615/2.11) (from Ch. 111 2/3, par. 702.11)
19 Sec. 2.11. Safety.
20 (a) The Service Boards may establish, enforce and
21 facilitate achievement and maintenance of standards of safety
22 against accidents with respect to public transportation
23 provided by the Service Boards or by transportation agencies
24 pursuant to purchase of service agreements with the Service
25 Boards. The provisions of general or special orders, rules or
26 regulations issued by the Illinois Commerce Commission
27 pursuant to Section 57 of "An Act concerning public
28 utilities", approved June 29, 1921, as amended, which pertain
29 to public transportation and public transportation facilities
30 of railroads will continue to apply until the Service Board
31 determines that different standards are necessary to protect
32 such health and safety.
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1 (b) To the extent required by 49 CFR Part 659 as now or
2 hereafter amended, the Authority shall develop and adopt a
3 system safety program standard for the safety of rail fixed
4 guideway systems and the personal security of the systems'
5 passengers and employees and shall establish procedures for
6 safety and security reviews, investigations, and oversight
7 reporting. The Authority shall require the applicable Service
8 Boards to comply with the requirements of 49 CFR Part 659 as
9 now or hereafter amended. The Authority may contract for the
10 services of a qualified consultant to comply with this
11 subsection.
12 (c) The security portion of the system safety program,
13 investigation reports, surveys, schedules, lists, or data
14 compiled, collected, or prepared by or for the Authority
15 under this subsection, shall not be subject to discovery or
16 admitted into evidence in federal or State court or
17 considered for other purposes in any civil action for damages
18 arising from any matter mentioned or addressed in such
19 reports, surveys, schedules, lists, data, or information.
20 (d) Neither the Authority nor its directors, officers,
21 or employees nor any Service Board subject to this Section
22 nor its directors, officers, or employees shall be held
23 liable in any civil action for any injury to any person or
24 property for any acts or omissions or failure to act under
25 this Section or pursuant to 49 CFR Part 659 as now or
26 hereafter amended.
27 (Source: P.A. 83-886.)
28 Section 65. The Illinois Vehicle Code is amended by
29 adding Section 15-308.1 as follows:
30 (625 ILCS 5/15-308.1 new)
31 Sec. 15-308.1. Fees for moving oversize or overweight
32 equipment to the site of rail derailments. Fees for permits
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1 to move oversize or overweight equipment to the sites of
2 train derailments shall include all equipment otherwise
3 eligible to obtain single trip permits under normal
4 situations. The permit shall be valid for a period of one
5 year and can be used at any time for movement to the site of
6 a train derailment during an emergency. The amount of the
7 fee shall be $500.
8 (70 ILCS 3615/4.01a rep.)
9 Section 70. The Regional Transportation Authority Act is
10 amended by repealing Section 4.01a.
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.