Rep. Linda Chapa LaVia

Filed: 3/24/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3806

2    AMENDMENT NO. ______. Amend House Bill 3806 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Alcoholism and Other Drug Abuse and
5Dependency Act is amended by adding Section 10-65 as follows:
 
6    (20 ILCS 301/10-65 new)
7    Sec. 10-65. DUI Service Provider Effectiveness Program
8Exploratory Committee.
9    (a) As used in this Section:
10    "Client" means a person who receives DUI treatment or
11intervention services from a DUI service provider.
12    "Court" means a court of law, traffic tribunal, or circuit
13court of Illinois, including a judge of a court of law, traffic
14tribunal, or circuit court of Illinois.
15    "DUI" means a conviction under Section 11-501 of the
16Illinois Vehicle Code.

 

 

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1    "DUI service provider" means a provider that provides DUI
2evaluation and risk education services and programs to DUI
3offenders, including, but not limited to, court-ordered DUI
4evaluation, intervention, or treatment services and that:
5        (1) possesses a treatment license as provided in 77
6    Ill. Adm. Code 2060.201; or
7        (2) possesses an intervention license as provided in 77
8    Ill. Adm. Code 2060.201 and provides DUI Risk Education or
9    Recovery Home Services as defined in 77 Ill. Adm. Code
10    2060.201.
11    (b) The DUI Service Provider Effectiveness Program
12Exploratory Committee is established to create an audit and
13evaluation process that permits the evaluation of treatment and
14intervention outcomes of DUI service providers licensed in the
15State so that persons interested in DUI treatment or
16intervention services can make informed decisions concerning
17provider selection and courts can better determine which DUI
18service providers to keep on their approved-provider lists.
19Information obtained through the audit and evaluation process
20shall be made accessible to persons interested in DUI treatment
21or intervention services, including DUI service providers,
22courts, and the public, through a central publication as
23provided in subsection (j).
24    (c) The Committee shall consist of the following members:
25        (1) One State's Attorney appointed by the President of
26    the Illinois State's Attorneys Association.

 

 

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1        (2) At least one but no more than 3 traffic judges
2    appointed by the Chief Justice of the Illinois Supreme
3    Court.
4        (3) At least one but no more than 3 local law
5    enforcement officers appointed by the Governor.
6        (4) One physician licensed to practice medicine in all
7    its branches appointed by the Governor with due regard for
8    the appointee's knowledge in the field of alcoholism and
9    other drug abuse and dependency.
10        (5) One representative of a trade or professional
11    organization that advocates on behalf of DUI service
12    providers.
13        (6) One representative of a trade or professional
14    organization that advocates on behalf of physicians
15    trained in psychiatry.
16        (7) One representative of an organization that
17    advocates on behalf of persons who suffer with mental
18    illness and substance abuse disorders and who live in rural
19    areas or medically underserved areas.
20        (8) At least 2 but no more than 6 members of the
21    Illinois House of Representatives, half of whom shall be
22    appointed by the Speaker of the House and half of whom
23    shall be appointed by the House Minority Leader.
24        (9) At least 2 but no more than 6 members of the
25    Illinois Senate, half of whom shall be appointed by the
26    Senate President and half of whom shall be appointed by the

 

 

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1    Senate Minority Leader.
2        (10) The President of the Illinois Alcoholism and Drug
3    Dependence Association or his or her designee.
4        (11) The President of the Community Behavioral
5    Healthcare Association of Illinois or his or her designee.
6        (12) Twenty public members appointed as follows:
7            (A) 8 by the Governor, 2 of whom shall be
8        representatives of alcoholism or other drug abuse and
9        dependency treatment or intervention programs and 2 of
10        whom shall be researchers with experience in outcome
11        analysis and research studies as defined in paragraph
12        (1) of subsection (j); and
13            (B) 3 each by the President of the Senate, the
14        Minority Leader of the Senate, the Speaker of the House
15        of Representatives, and the Minority Leader of the
16        House of Representatives.
17        (13) The Director, Secretary, or other chief
18    administrative officer, ex officio, or his or her designee,
19    of each of the following: the Department of Public Health
20    and the Administrative Office of the Illinois Courts.
21        (14) The Assistant Director of the Division of
22    Probation Services within the Administrative Office of the
23    Illinois Courts, ex officio, or his or her designee.
24        (15) The Chair of the Criminal Justice Information
25    Authority or other chief administrative officer, ex
26    officio.

 

 

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1        (16) The Secretary of State, ex officio, or his or her
2    designee.
3        (17) At least one but no more than 3 persons who have
4    received DUI intervention or treatment services from DUI
5    service providers, with a preference toward those persons
6    who have committed more than one violation of Section
7    11-501 of the Illinois Vehicle Code subsequent to receiving
8    treatment or intervention services from multiple DUI
9    service providers.
10    (d) The Chief Justice of the Illinois Supreme Court shall
11select, from among one of his or her appointments made under
12paragraph (2) of subsection (c), a traffic judge to be the
13Chairperson of the Committee. The Chairperson shall schedule
14meetings, take attendance, and perform other tasks as deemed
15necessary to perform the functions of the Committee.
16    (e) All initial appointments under this Section shall be
17made at least 60 days but no later than 90 days after the
18effective date of this amendatory Act of the 100th General
19Assembly. Vacancies on the Committee shall be filled by
20individuals possessing the same membership requirements as the
21original appointee whom the replacement is taking the place of.
22The Committee shall meet quarterly and at such other times as
23the Chairperson determines necessary for the Committee to
24perform its functions under the Act. However, the Committee's
25initial meeting shall take place at least 45 days but no later
26than 60 days after the date upon which all appointments under

 

 

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1subsection (c) are made.
2    (f) A quorum of the members of the Committee must be
3present to convene an official meeting and shall consist of
4one-third of the then appointed members. However, if a member
5has made it know that he or she will be in attendance at a
6scheduled meeting but has not arrived at the meeting at the
7appointed time, the Chairperson may wait for that absent member
8to arrive before having the Committee conduct official
9business. Members shall service on the Committee without
10compensation.
11    (g) The Committee shall have voting members and non-voting
12members. The voting rights of each member shall be based upon
13the number of meetings the member attends. The Chairperson
14shall determine the requisite number of meetings members must
15attend to be awarded voting rights at the initial meeting and
16that number shall not be changed except upon a three-fifths
17vote of the Committee at any time, regardless of whether they
18have voting rights or not. However, an absent member may
19designate a substitute member who is not on the Committee and
20who meets the same criteria as the absent member to attend a
21meeting on the absent member's behalf. An absent member who
22appoints a substitute to attend a meeting on the absent
23member's behalf shall be credited the attendance time of that
24substitute member and such time shall be counted toward the
25absent member's participation quota when considering if the
26absent member attended the requisite number of meetings to be

 

 

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1awarded voting rights. Only one substitute member per absent
2member may be appointed for each meeting. Members may be
3permitted to attend a meeting by means other than physical
4presence, including by means of a live video broadcast
5transmitted across the Internet, a call-in, or any other means
6that permits at least an audio connection between the Committee
7and the member who is unable to be physically present at the
8meeting.
9    (h) The Committee shall submit a report concerning its
10findings and recommendations to the General Assembly and the
11Department of Human Services for the purposes of facilitating
12the assembly of the central publication and proposing
13legislation and rules on when publication will be first
14published no later than 15 months after the date upon which the
15Committee convenes its initial meeting.
16    (i) The Department of Human Services shall provide
17administrative support and staff to the Committee.
18    (j) The Committee shall prepare and publish in a central
19publication the following information obtained through the
20audit and evaluation process established by the Committee and
21conducted on each DUI service provider, but not before
22performing the following tasks:
23        (1) In determining how best to measure recidivism rates
24    at the State, county, and provider or therapist level, the
25    Committee must specify a process and statistical method of
26    outcome analysis and research that targets DUI recidivism

 

 

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1    as a measure of the treatment or intervention effectiveness
2    of each DUI service provider. As used in this paragraph,
3    "outcome analysis and research" means studies of the end
4    results of the structure and processes of the health care
5    system on the health and well-being of patients and
6    populations which may involve, but are not limited to,
7    health service research that (i) focuses on identifying
8    variations in medical procedures and associated health
9    outcomes and (ii) evaluates the quality of care, safety,
10    access, effectiveness, equity, efficiency, timeliness,
11    system responsiveness, and patient-centeredness of those
12    services.
13        (2) In evaluating and determining which outcome
14    analysis to use, the Committee must examine, but does not
15    have to adopt, survival analysis studies. As used in this
16    paragraph, "survival analysis studies" means studies that
17    measure the time between the application or termination of
18    DUI treatment or intervention services and a specified
19    outcome. Such survival analysis studies to be examined but
20    not necessarily adopted shall include, but shall not be
21    limited to, the overall rate at which persons who have
22    completed a program of DUI treatment or intervention
23    services commit one or more subsequent violations of
24    Section 11-501 of the Illinois Vehicle Code within a
25    certain period of time following completion of the program
26    of DUI treatment or intervention services.

 

 

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1        (3) The Committee shall explore how often the analyses
2    under paragraphs (1) and (2) should be developed,
3    conducted, managed, and maintained and how the information
4    obtained from those analyses should be presented to the
5    public through the central publication so that the results
6    of the outcome studies can be reviewed by courts, DUI
7    service providers, and any persons interested in DUI
8    treatment or intervention services. The Committee shall
9    also determine how often such analyses shall be developed,
10    conducted, managed, and maintained, as well as how often
11    information needed to create such analyses shall be
12    collected.
13        (4) The Committee shall identify and formulate an
14    auditing process to collect the necessary information
15    needed to conduct the analyses under paragraphs (1) and (2)
16    and to confirm the information collected, all of which
17    shall be contained within the central publication
18    consistent with the investigatory and auditing authority
19    of the Department under 77 Ill. Adm. Code 2060.335.
20        (5) The Committee shall be responsible for deciding the
21    scope of information to include in the central publication
22    with respect to resources a DUI service provider has
23    available for clients and the various issues clients face
24    regarding access to care, including, but not limited to:
25            (A) the availability of psychiatrists or medical
26        practitioners;

 

 

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1            (B) costs charged for providing services;
2            (C) the level of difficulty individuals have with
3        gaining access to facilities and the reasons thereof;
4            (D) transportation issues or costs;
5            (E) multilingual capabilities or barriers to
6        communicating and effectively teaching those who speak
7        a different language; and
8            (F) access to care for those who are persons with
9        an intellectual or physical disability or persons who
10        require additional accommodations.
11        The Committee shall also develop an auditing and
12    evaluation process for the Department to verify the
13    information provided under this paragraph (5).
14        (6) The Committee shall develop a standardized method
15    or process by which a court may consult and collaborate
16    with a DUI service provider whose program of DUI treatment
17    or intervention services fails to meet or adequately
18    address the needs of clients residing within the court's
19    judicial circuit because of a lack of resources or program
20    deficiencies. The method or process shall encourage, but
21    not require, a court to:
22            (A) notify a DUI service provider of the court's
23        intention to remove the provider from the court's
24        approved-provider list;
25            (B) specify and discuss those client needs that the
26        DUI services provider has failed to meet or adequately

 

 

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1        address through its program of treatment or
2        intervention services; and
3            (C) assist the DUI service provider in remedying
4        program deficiencies.
5    The standardized method or process may also provide
6    protocols on a corrective plan of action a DUI service
7    provider may take to address the particular client needs or
8    program deficiencies noted by a court during a
9    collaborative consultation, including protocols on: (i) a
10    specific timeline for implementing corrective actions or
11    objectives and (ii) the establishment of evaluation
12    measures to measure such progress. The standardized method
13    or process shall also be accessible to a court that wants
14    to remedy an isolated issue or program deficiency that does
15    not necessitate removing a DUI service provider from the
16    court's approved-provider list. Nothing in this paragraph
17    shall be construed to interfere with a court's discretion
18    as to which DUI service providers to place, retain, or
19    remove from the court's approved-provider list or with any
20    court policies or procedures concerning attraction,
21    retention, or removal of a DUI service provider from a
22    court's approved-provider list.
23        (7) The Committee shall develop a standard treatment
24    review survey to be administered by the courts and
25    completed by all individuals who complete a professional
26    evaluation and treatment for an alcohol, drug, or

 

 

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1    intoxicating compound abuse problem as provided under
2    Section 11-501.01 of the Illinois Vehicle Code. The
3    Committee shall determine what questions and subjects will
4    appear in the survey. The Committee shall also determine
5    how best the Department will collect, analyze, interpret,
6    calculate, and summarize for publication in the central
7    publication the aggregate information obtained from the
8    treatment review surveys in order to help courts decide
9    which DUI service providers to retain or remove from their
10    approved-provider lists. Any analysis of the aggregate
11    information obtained from the treatment review surveys
12    shall include calculations of: (i) the average response
13    score and the standard deviation for each questioned item
14    and (ii) the median and mode response values for each
15    questioned item.
16    Information collected and published in the central
17publication shall be made accessible to interested persons
18through a subscriber-based online repository to be established
19and maintained by the Department. Participating DUI service
20providers and courts that are interested in accessing the
21central publication contained in the online repository may be
22charged a small fee that is no greater than needed to cover
23administrative costs.
24    Each DUI service provider shall contribute to the contents
25of the central publication by providing a description of the
26types of educational, prevention, intervention, treatment,

 

 

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1relapse, and other services and activities offered by the
2provider to alleviate alcoholism and other drug abuse and
3dependency. The Department may also audit the DUI Service
4Providers information in the same manner as determined under
5paragraph (4).
6    To facilitate more targeted recruitment of effective DUI
7service providers, a court may submit for publication in the
8central publication information that identifies the specific
9problems, priorities, and needs of persons residing in the
10court's judicial circuit that concern DUI treatment or
11intervention services, including the needs of residents who are
12racial or language minorities or who are from other specific
13populations. The Committee shall create a process to facilitate
14courts in submitting such information for publication.
15    Any additional administrative costs incurred from the
16maintenance of the central publication or the subscriber-based
17online repository or from the collection of data shall come
18from a portion of the funds received by each judicial circuit
19from court costs charged to persons who violate Section 11-501
20of the Illinois Vehicle Code.
21    The Committee shall dissolve upon submitting its report to
22the General Assembly and the Department of Human Services as
23provided in subsection (h). Upon the dissolution of the
24Committee, the Department may modify, add, or remove
25information collected and published within the central
26publication as well as modify the auditing and evaluation

 

 

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1measures used in analyzing such information for the central
2publication.
 
3    Section 10. The Illinois Vehicle Code is amended by
4changing Section 11-501.01 as follows:
 
5    (625 ILCS 5/11-501.01)
6    Sec. 11-501.01. Additional administrative sanctions.
7    (a) After a finding of guilt and prior to any final
8sentencing or an order for supervision, for an offense based
9upon an arrest for a violation of Section 11-501 or a similar
10provision of a local ordinance, individuals shall be required
11to undergo a professional evaluation to determine if an
12alcohol, drug, or intoxicating compound abuse problem exists
13and the extent of the problem, and undergo the imposition of
14treatment as appropriate. Programs conducting these
15evaluations shall be licensed by the Department of Human
16Services. The cost of any professional evaluation shall be paid
17for by the individual required to undergo the professional
18evaluation. Upon completing a professional evaluation and any
19subsequent treatment as required under this subsection, all
20individuals shall complete a treatment review survey. All
21information provided in the treatment review survey by an
22individual as required under this subsection shall be
23confidential in accordance with the Confidentiality of Alcohol
24and Drug Abuse Patient Records regulations (42 CFR 2 (1987)) of

 

 

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1the Alcohol, Drug Abuse, and Mental Health Administration of
2the Public Health Service of the United States Department of
3Health and Human Services, Article 30 of the Alcoholism and
4Other Drug Abuse and Dependency Act, and the rules set forth
5under 77 Ill. Adm. Code 2060.319.
6    (b) Any person who is found guilty of or pleads guilty to
7violating Section 11-501, including any person receiving a
8disposition of court supervision for violating that Section,
9may be required by the Court to attend a victim impact panel
10offered by, or under contract with, a county State's Attorney's
11office, a probation and court services department, Mothers
12Against Drunk Driving, or the Alliance Against Intoxicated
13Motorists. All costs generated by the victim impact panel shall
14be paid from fees collected from the offender or as may be
15determined by the court.
16    (c) Every person found guilty of violating Section 11-501,
17whose operation of a motor vehicle while in violation of that
18Section proximately caused any incident resulting in an
19appropriate emergency response, shall be liable for the expense
20of an emergency response as provided in subsection (i) of this
21Section.
22    (d) The Secretary of State shall revoke the driving
23privileges of any person convicted under Section 11-501 or a
24similar provision of a local ordinance.
25    (e) The Secretary of State shall require the use of
26ignition interlock devices for a period not less than 5 years

 

 

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1on all vehicles owned by a person who has been convicted of a
2second or subsequent offense of Section 11-501 or a similar
3provision of a local ordinance. The person must pay to the
4Secretary of State DUI Administration Fund an amount not to
5exceed $30 for each month that he or she uses the device. The
6Secretary shall establish by rule and regulation the procedures
7for certification and use of the interlock system, the amount
8of the fee, and the procedures, terms, and conditions relating
9to these fees. During the time period in which a person is
10required to install an ignition interlock device under this
11subsection (e), that person shall only operate vehicles in
12which ignition interlock devices have been installed, except as
13allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of
14this Code.
15    (f) In addition to any other penalties and liabilities, a
16person who is found guilty of or pleads guilty to violating
17Section 11-501, including any person placed on court
18supervision for violating Section 11-501, shall be assessed
19$750, payable to the circuit clerk, who shall distribute the
20money as follows: $350 to the law enforcement agency that made
21the arrest, and $400 shall be forwarded to the State Treasurer
22for deposit into the General Revenue Fund. If the person has
23been previously convicted of violating Section 11-501 or a
24similar provision of a local ordinance, the fine shall be
25$1,000, and the circuit clerk shall distribute $200 to the law
26enforcement agency that made the arrest and $800 to the State

 

 

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1Treasurer for deposit into the General Revenue Fund. In the
2event that more than one agency is responsible for the arrest,
3the amount payable to law enforcement agencies shall be shared
4equally. Any moneys received by a law enforcement agency under
5this subsection (f) shall be used for enforcement and
6prevention of driving while under the influence of alcohol,
7other drug or drugs, intoxicating compound or compounds or any
8combination thereof, as defined by Section 11-501 of this Code,
9including but not limited to the purchase of law enforcement
10equipment and commodities that will assist in the prevention of
11alcohol related criminal violence throughout the State; police
12officer training and education in areas related to alcohol
13related crime, including but not limited to DUI training; and
14police officer salaries, including but not limited to salaries
15for hire back funding for safety checkpoints, saturation
16patrols, and liquor store sting operations. Any moneys received
17by the Department of State Police under this subsection (f)
18shall be deposited into the State Police DUI Fund and shall be
19used to purchase law enforcement equipment that will assist in
20the prevention of alcohol related criminal violence throughout
21the State.
22    (g) The Secretary of State Police DUI Fund is created as a
23special fund in the State treasury. All moneys received by the
24Secretary of State Police under subsection (f) of this Section
25shall be deposited into the Secretary of State Police DUI Fund
26and, subject to appropriation, shall be used for enforcement

 

 

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1and prevention of driving while under the influence of alcohol,
2other drug or drugs, intoxicating compound or compounds or any
3combination thereof, as defined by Section 11-501 of this Code,
4including but not limited to the purchase of law enforcement
5equipment and commodities to assist in the prevention of
6alcohol related criminal violence throughout the State; police
7officer training and education in areas related to alcohol
8related crime, including but not limited to DUI training; and
9police officer salaries, including but not limited to salaries
10for hire back funding for safety checkpoints, saturation
11patrols, and liquor store sting operations.
12    (h) Whenever an individual is sentenced for an offense
13based upon an arrest for a violation of Section 11-501 or a
14similar provision of a local ordinance, and the professional
15evaluation recommends remedial or rehabilitative treatment or
16education, neither the treatment nor the education shall be the
17sole disposition and either or both may be imposed only in
18conjunction with another disposition. The court shall monitor
19compliance with any remedial education or treatment
20recommendations contained in the professional evaluation.
21Programs conducting alcohol or other drug evaluation or
22remedial education must be licensed by the Department of Human
23Services. If the individual is not a resident of Illinois,
24however, the court may accept an alcohol or other drug
25evaluation or remedial education program in the individual's
26state of residence. Programs providing treatment must be

 

 

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1licensed under existing applicable alcoholism and drug
2treatment licensure standards.
3    (i) In addition to any other fine or penalty required by
4law, an individual convicted of a violation of Section 11-501,
5Section 5-7 of the Snowmobile Registration and Safety Act,
6Section 5-16 of the Boat Registration and Safety Act, or a
7similar provision, whose operation of a motor vehicle,
8snowmobile, or watercraft while in violation of Section 11-501,
9Section 5-7 of the Snowmobile Registration and Safety Act,
10Section 5-16 of the Boat Registration and Safety Act, or a
11similar provision proximately caused an incident resulting in
12an appropriate emergency response, shall be required to make
13restitution to a public agency for the costs of that emergency
14response. The restitution may not exceed $1,000 per public
15agency for each emergency response. As used in this subsection
16(i), "emergency response" means any incident requiring a
17response by a police officer, a firefighter carried on the
18rolls of a regularly constituted fire department, or an
19ambulance. With respect to funds designated for the Department
20of State Police, the moneys shall be remitted by the circuit
21court clerk to the State Police within one month after receipt
22for deposit into the State Police DUI Fund. With respect to
23funds designated for the Department of Natural Resources, the
24Department of Natural Resources shall deposit the moneys into
25the Conservation Police Operations Assistance Fund.
26    (j) A person that is subject to a chemical test or tests of

 

 

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1blood under subsection (a) of Section 11-501.1 or subdivision
2(c)(2) of Section 11-501.2 of this Code, whether or not that
3person consents to testing, shall be liable for the expense up
4to $500 for blood withdrawal by a physician authorized to
5practice medicine, a licensed physician assistant, a licensed
6advanced practice nurse, a registered nurse, a trained
7phlebotomist, a licensed paramedic, or a qualified person other
8than a police officer approved by the Department of State
9Police to withdraw blood, who responds, whether at a law
10enforcement facility or a health care facility, to a police
11department request for the drawing of blood based upon refusal
12of the person to submit to a lawfully requested breath test or
13probable cause exists to believe the test would disclose the
14ingestion, consumption, or use of drugs or intoxicating
15compounds if:
16        (1) the person is found guilty of violating Section
17    11-501 of this Code or a similar provision of a local
18    ordinance; or
19        (2) the person pleads guilty to or stipulates to facts
20    supporting a violation of Section 11-503 of this Code or a
21    similar provision of a local ordinance when the plea or
22    stipulation was the result of a plea agreement in which the
23    person was originally charged with violating Section
24    11-501 of this Code or a similar local ordinance.
25(Source: P.A. 98-292, eff. 1-1-14; 98-463, eff. 8-16-13;
2698-973, eff. 8-15-14; 99-289, eff. 8-6-15; 99-296, eff. 1-1-16;

 

 

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199-642, eff. 7-28-16.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".