Illinois General Assembly - Full Text of HB2406
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Full Text of HB2406  102nd General Assembly


Sen. Mattie Hunter

Filed: 11/28/2022





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2    AMENDMENT NO. ______. Amend House Bill 2406 by replacing
3everything after the enacting clause with the following:
4    "Section 3. The Civil Administrative Code of Illinois is
5amended by changing Section 5-565 as follows:
6    (20 ILCS 5/5-565)  (was 20 ILCS 5/6.06)
7    Sec. 5-565. In the Department of Public Health.
8    (a) The General Assembly declares it to be the public
9policy of this State that all residents of Illinois are
10entitled to lead healthy lives. Governmental public health has
11a specific responsibility to ensure that a public health
12system is in place to allow the public health mission to be
13achieved. The public health system is the collection of
14public, private, and voluntary entities as well as individuals
15and informal associations that contribute to the public's
16health within the State. To develop a public health system



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1requires certain core functions to be performed by government.
2The State Board of Health is to assume the leadership role in
3advising the Director in meeting the following functions:
4        (1) Needs assessment.
5        (2) Statewide health objectives.
6        (3) Policy development.
7        (4) Assurance of access to necessary services.
8    There shall be a State Board of Health composed of 20
9persons, all of whom shall be appointed by the Governor, with
10the advice and consent of the Senate for those appointed by the
11Governor on and after June 30, 1998, and one of whom shall be a
12senior citizen age 60 or over. Five members shall be
13physicians licensed to practice medicine in all its branches,
14one representing a medical school faculty, one who is board
15certified in preventive medicine, and one who is engaged in
16private practice. One member shall be a chiropractic
17physician. One member shall be a dentist; one an environmental
18health practitioner; one a local public health administrator;
19one a local board of health member; one a registered nurse; one
20a physical therapist; one an optometrist; one a veterinarian;
21one a public health academician; one a health care industry
22representative; one a representative of the business
23community; one a representative of the non-profit public
24interest community; and 2 shall be citizens at large.
25    The terms of Board of Health members shall be 3 years,
26except that members shall continue to serve on the Board of



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1Health until a replacement is appointed. Upon the effective
2date of Public Act 93-975 (January 1, 2005), in the
3appointment of the Board of Health members appointed to
4vacancies or positions with terms expiring on or before
5December 31, 2004, the Governor shall appoint up to 6 members
6to serve for terms of 3 years; up to 6 members to serve for
7terms of 2 years; and up to 5 members to serve for a term of
8one year, so that the term of no more than 6 members expire in
9the same year. All members shall be legal residents of the
10State of Illinois. The duties of the Board shall include, but
11not be limited to, the following:
12        (1) To advise the Department of ways to encourage
13    public understanding and support of the Department's
14    programs.
15        (2) To evaluate all boards, councils, committees,
16    authorities, and bodies advisory to, or an adjunct of, the
17    Department of Public Health or its Director for the
18    purpose of recommending to the Director one or more of the
19    following:
20            (i) The elimination of bodies whose activities are
21        not consistent with goals and objectives of the
22        Department.
23            (ii) The consolidation of bodies whose activities
24        encompass compatible programmatic subjects.
25            (iii) The restructuring of the relationship
26        between the various bodies and their integration



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1        within the organizational structure of the Department.
2            (iv) The establishment of new bodies deemed
3        essential to the functioning of the Department.
4        (3) To serve as an advisory group to the Director for
5    public health emergencies and control of health hazards.
6        (4) To advise the Director regarding public health
7    policy, and to make health policy recommendations
8    regarding priorities to the Governor through the Director.
9        (5) To present public health issues to the Director
10    and to make recommendations for the resolution of those
11    issues.
12        (6) To recommend studies to delineate public health
13    problems.
14        (7) To make recommendations to the Governor through
15    the Director regarding the coordination of State public
16    health activities with other State and local public health
17    agencies and organizations.
18        (8) To report on or before February 1 of each year on
19    the health of the residents of Illinois to the Governor,
20    the General Assembly, and the public.
21        (9) To review the final draft of all proposed
22    administrative rules, other than emergency or peremptory
23    rules and those rules that another advisory body must
24    approve or review within a statutorily defined time
25    period, of the Department after September 19, 1991 (the
26    effective date of Public Act 87-633). The Board shall



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1    review the proposed rules within 90 days of submission by
2    the Department. The Department shall take into
3    consideration any comments and recommendations of the
4    Board regarding the proposed rules prior to submission to
5    the Secretary of State for initial publication. If the
6    Department disagrees with the recommendations of the
7    Board, it shall submit a written response outlining the
8    reasons for not accepting the recommendations.
9        In the case of proposed administrative rules or
10    amendments to administrative rules regarding immunization
11    of children against preventable communicable diseases
12    designated by the Director under the Communicable Disease
13    Prevention Act, after the Immunization Advisory Committee
14    has made its recommendations, the Board shall conduct 3
15    public hearings, geographically distributed throughout the
16    State. At the conclusion of the hearings, the State Board
17    of Health shall issue a report, including its
18    recommendations, to the Director. The Director shall take
19    into consideration any comments or recommendations made by
20    the Board based on these hearings.
21        (10) To deliver to the Governor for presentation to
22    the General Assembly a State Health Assessment (SHA) and a
23    State Health Improvement Plan (SHIP). The first 5 such
24    plans shall be delivered to the Governor on January 1,
25    2006, January 1, 2009, January 1, 2016, January 1, 2021,
26    and December 31, 2023 2022, and then every 5 years



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1    thereafter.
2        The State Health Assessment and State Health
3    Improvement Plan shall assess and recommend priorities and
4    strategies to improve the public health system and , the
5    health status of Illinois residents, reduce health
6    disparities and inequities, and promote health equity. The
7    State Health Assessment and State Health Improvement Plan
8    development and implementation shall conform to national
9    Public Health Accreditation Board Standards. The State
10    Health Assessment and State Health Improvement Plan
11    development and implementation process shall be carried
12    out with the administrative and operational support of the
13    Department of Public Health.
14        The State Health Assessment shall include
15    comprehensive, broad-based data and information from a
16    variety of sources on health status and the public health
17    system including:
18            (i) quantitative data, if it is available, on the
19        demographics and health status of the population,
20        including data over time on health by gender identity,
21        sexual orientation, race, ethnicity, age,
22        socio-economic factors, geographic region, disability
23        status, and other indicators of disparity;
24            (ii) quantitative data on social and structural
25        issues affecting health (social and structural
26        determinants of health), including, but not limited



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1        to, housing, transportation, educational attainment,
2        employment, and income inequality;
3            (iii) priorities and strategies developed at the
4        community level through the Illinois Project for Local
5        Assessment of Needs (IPLAN) and other local and
6        regional community health needs assessments;
7            (iv) qualitative data representing the
8        population's input on health concerns and well-being,
9        including the perceptions of people experiencing
10        disparities and health inequities;
11            (v) information on health disparities and health
12        inequities; and
13            (vi) information on public health system strengths
14        and areas for improvement.
15        The State Health Improvement Plan shall focus on
16    prevention, social determinants of health, and promoting
17    health equity as key strategies for long-term health
18    improvement in Illinois.
19        The State Health Improvement Plan shall identify
20    priority State health issues and social issues affecting
21    health, and shall examine and make recommendations on the
22    contributions and strategies of the public and private
23    sectors for improving health status and the public health
24    system in the State. In addition to recommendations on
25    health status improvement priorities and strategies for
26    the population of the State as a whole, the State Health



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1    Improvement Plan shall make recommendations, provided that
2    data exists to support such recommendations, regarding
3    priorities and strategies for reducing and eliminating
4    health disparities and health inequities in Illinois;
5    including racial, ethnic, gender identification, sexual
6    orientation, age, disability, socio-economic, and
7    geographic disparities. The State Health Improvement Plan
8    shall make recommendations regarding social determinants
9    of health, such as housing, transportation, educational
10    attainment, employment, and income inequality.
11        The development and implementation of the State Health
12    Assessment and State Health Improvement Plan shall be a
13    collaborative public-private cross-agency effort overseen
14    by the SHA and SHIP Partnership. The Director of Public
15    Health shall consult with the Governor to ensure
16    participation by the head of State agencies with public
17    health responsibilities (or their designees) in the SHA
18    and SHIP Partnership, including, but not limited to, the
19    Department of Public Health, the Department of Human
20    Services, the Department of Healthcare and Family
21    Services, the Department of Children and Family Services,
22    the Environmental Protection Agency, the Illinois State
23    Board of Education, the Department on Aging, the Illinois
24    Housing Development Authority, the Illinois Criminal
25    Justice Information Authority, the Department of
26    Agriculture, the Department of Transportation, the



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1    Department of Corrections, the Department of Commerce and
2    Economic Opportunity, and the Chair of the State Board of
3    Health to also serve on the Partnership. A member of the
4    Governor's staff shall participate in the Partnership and
5    serve as a liaison to the Governor's office.
6        The Director of Public Health shall appoint a minimum
7    of 15 other members of the SHA and SHIP Partnership
8    representing a range of public, private, and voluntary
9    sector stakeholders and participants in the public health
10    system. For the first SHA and SHIP Partnership after April
11    27, 2021 (the effective date of Public Act 102-4) this
12    amendatory Act of the 102nd General Assembly, one-half of
13    the members shall be appointed for a 3-year term, and
14    one-half of the members shall be appointed for a 5-year
15    term. Subsequently, members shall be appointed to 5-year
16    terms. Should any member not be able to fulfill his or her
17    term, the Director may appoint a replacement to complete
18    that term. The Director, in consultation with the SHA and
19    SHIP Partnership, may engage additional individuals and
20    organizations to serve on subcommittees and ad hoc efforts
21    to conduct the State Health Assessment and develop and
22    implement the State Health Improvement Plan. Members of
23    the SHA and SHIP Partnership shall receive no compensation
24    for serving as members, but may be reimbursed for their
25    necessary expenses if departmental resources allow.
26        The SHA and SHIP Partnership shall include:



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1    representatives of local health departments and
2    individuals with expertise who represent an array of
3    organizations and constituencies engaged in public health
4    improvement and prevention, such as non-profit public
5    interest groups, groups serving populations that
6    experience health disparities and health inequities,
7    groups addressing social determinants of health, health
8    issue groups, faith community groups, health care
9    providers, businesses and employers, academic
10    institutions, and community-based organizations.
11        The Director shall endeavor to make the membership of
12    the Partnership diverse and inclusive of the racial,
13    ethnic, gender, socio-economic, and geographic diversity
14    of the State. The SHA and SHIP Partnership shall be
15    chaired by the Director of Public Health or his or her
16    designee.
17        The SHA and SHIP Partnership shall develop and
18    implement a community engagement process that facilitates
19    input into the development of the State Health Assessment
20    and State Health Improvement Plan. This engagement process
21    shall ensure that individuals with lived experience in the
22    issues addressed in the State Health Assessment and State
23    Health Improvement Plan are meaningfully engaged in the
24    development and implementation of the State Health
25    Assessment and State Health Improvement Plan.
26        The State Board of Health shall hold at least 3 public



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1    hearings addressing a draft of the State Health
2    Improvement Plan in representative geographic areas of the
3    State.
4        Upon the delivery of each State Health Assessment and
5    State Health Improvement Plan, the SHA and SHIP
6    Partnership shall coordinate the efforts and engagement of
7    the public, private, and voluntary sector stakeholders and
8    participants in the public health system to implement each
9    SHIP. The Partnership shall serve as a forum for
10    collaborative action; coordinate existing and new
11    initiatives; develop detailed implementation steps, with
12    mechanisms for action; implement specific projects;
13    identify public and private funding sources at the local,
14    State and federal level; promote public awareness of the
15    SHIP; and advocate for the implementation of the SHIP. The
16    SHA and SHIP Partnership shall implement strategies to
17    ensure that individuals and communities affected by health
18    disparities and health inequities are engaged in the
19    process throughout the 5-year cycle. The SHA and SHIP
20    Partnership shall regularly evaluate and update the State
21    Health Assessment and track implementation of the State
22    Health Improvement Plan with revisions as necessary. The
23    SHA and SHIP Partnership shall not have the authority to
24    direct any public or private entity to take specific
25    action to implement the SHIP.
26        The State Board of Health shall submit a report by



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1    January 31 of each year on the status of State Health
2    Improvement Plan implementation and community engagement
3    activities to the Governor, General Assembly, and public.
4    In the fifth year, the report may be consolidated into the
5    new State Health Assessment and State Health Improvement
6    Plan.
7        (11) Upon the request of the Governor, to recommend to
8    the Governor candidates for Director of Public Health when
9    vacancies occur in the position.
10        (12) To adopt bylaws for the conduct of its own
11    business, including the authority to establish ad hoc
12    committees to address specific public health programs
13    requiring resolution.
14        (13) (Blank).
15    Upon appointment, the Board shall elect a chairperson from
16among its members.
17    Members of the Board shall receive compensation for their
18services at the rate of $150 per day, not to exceed $10,000 per
19year, as designated by the Director for each day required for
20transacting the business of the Board and shall be reimbursed
21for necessary expenses incurred in the performance of their
22duties. The Board shall meet from time to time at the call of
23the Department, at the call of the chairperson, or upon the
24request of 3 of its members, but shall not meet less than 4
25times per year.
26    (b) (Blank).



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1    (c) An Advisory Board on Necropsy Service to Coroners,
2which shall counsel and advise with the Director on the
3administration of the Autopsy Act. The Advisory Board shall
4consist of 11 members, including a senior citizen age 60 or
5over, appointed by the Governor, one of whom shall be
6designated as chairman by a majority of the members of the
7Board. In the appointment of the first Board the Governor
8shall appoint 3 members to serve for terms of one 1 year, 3 for
9terms of 2 years, and 3 for terms of 3 years. The members first
10appointed under Public Act 83-1538 shall serve for a term of 3
11years. All members appointed thereafter shall be appointed for
12terms of 3 years, except that when an appointment is made to
13fill a vacancy, the appointment shall be for the remaining
14term of the position vacant. The members of the Board shall be
15citizens of the State of Illinois. In the appointment of
16members of the Advisory Board, the Governor shall appoint 3
17members who shall be persons licensed to practice medicine and
18surgery in the State of Illinois, at least 2 of whom shall have
19received post-graduate training in the field of pathology; 3
20members who are duly elected coroners in this State; and 5
21members who shall have interest and abilities in the field of
22forensic medicine but who shall be neither persons licensed to
23practice any branch of medicine in this State nor coroners. In
24the appointment of medical and coroner members of the Board,
25the Governor shall invite nominations from recognized medical
26and coroners organizations in this State respectively. Board



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1members, while serving on business of the Board, shall receive
2actual necessary travel and subsistence expenses while so
3serving away from their places of residence.
4(Source: P.A. 102-4, eff. 4-27-21; 102-558, eff. 8-20-21;
5102-674, eff. 11-30-21; revised 6-7-22.)
6    Section 5. The Department of Commerce and Economic
7Opportunity Law of the Civil Administrative Code of Illinois
8is amended by changing Section 605-1045.1 as follows:
9    (20 ILCS 605/605-1045.1)
10    (Section scheduled to be repealed on January 1, 2023)
11    Sec. 605-1045.1. Restore Illinois Collaborative
12Commission. The General Assembly finds and declares that this
13amendatory Act of the 102nd General Assembly manifests the
14intention of the General Assembly to extend the repeal of
15Section 605-1045. Section 605-1045 as enacted and reenacted in
16this Section shall be deemed to have been in continuous effect
17since June 12, 2020 and it shall continue to be in effect
18henceforward until it is otherwise lawfully repealed. All
19previously enacted amendments to this Section taking effect on
20or after June 12, 2020, are hereby validated. All actions
21taken in reliance on the continuing effect of Section 605-1045
22by any person or entity are hereby validated. In order to
23ensure the continuing effectiveness of this Section, it is set
24forth in full and reenacted by this amendatory Act of the 102nd



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1General Assembly. This reenactment is intended as a
2continuation of this Section. It is not intended to supersede
3any amendment to this Section that is enacted by the 102nd
4General Assembly.
5    (a) The General Assembly hereby finds and declares that
6the State is confronted with a public health crisis that has
7created unprecedented challenges for the State's diverse
8economic base. In light of this crisis, and the heightened
9need for collaboration between the legislative and executive
10branches, the General Assembly hereby establishes the Restore
11Illinois Collaborative Commission. The members of the
12Commission will participate in and provide input on plans to
13revive the various sectors of the State's economy in the wake
14of the COVID-19 pandemic.
15    (b) The Department may request meetings be convened to
16address revitalization efforts for the various sectors of the
17State's economy. Such meetings may include public
18participation as determined by the Commission.
19    (c) The Department shall provide a written report to the
20Commission and the General Assembly not less than every 30
21days regarding the status of current and proposed
22revitalization efforts. The written report shall include
23applicable metrics that demonstrate progress on recovery
24efforts, as well as any additional information as requested by
25the Commission. The first report shall be delivered by July 1,
262020. The reports to the General Assembly shall be delivered



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1to all members, in addition to complying with the requirements
2of Section 3.1 of the General Assembly Organization Act.
3    (d) The Restore Illinois Collaborative Commission shall
4consist of 14 members, appointed as follows:
5        (1) four members of the House of Representatives
6    appointed by the Speaker of the House of Representatives;
7        (2) four members of the Senate appointed by the Senate
8    President;
9        (3) three members of the House of Representatives
10    appointed by the Minority Leader of the House of
11    Representatives; and
12        (4) three members of the Senate appointed by the
13    Senate Minority Leader.
14    (e) The Speaker of the House of Representatives and the
15Senate President shall each appoint one member of the
16Commission to serve as a Co-Chair. The Co-Chairs may convene
17meetings of the Commission. The members of the Commission
18shall serve without compensation.
19    (f) This Section is repealed January 1, 2024 2023.
20(Source: P.A. 102-577, eff. 8-24-21.)
21    Section 10. The Illinois Power Agency Act is amended by
22changing Section 1-130 as follows:
23    (20 ILCS 3855/1-130)
24    (Section scheduled to be repealed on January 1, 2023)



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1    Sec. 1-130. Home rule preemption.
2    (a) The authorization to impose any new taxes or fees
3specifically related to the generation of electricity by, the
4capacity to generate electricity by, or the emissions into the
5atmosphere by electric generating facilities after the
6effective date of this Act is an exclusive power and function
7of the State. A home rule unit may not levy any new taxes or
8fees specifically related to the generation of electricity by,
9the capacity to generate electricity by, or the emissions into
10the atmosphere by electric generating facilities after the
11effective date of this Act. This Section is a denial and
12limitation on home rule powers and functions under subsection
13(g) of Section 6 of Article VII of the Illinois Constitution.
14    (b) This Section is repealed on January 1, 2024 2023.
15(Source: P.A. 101-639, eff. 6-12-20; 102-671, eff. 11-30-21.)
16    Section 15. The Illinois Immigrant Impact Task Force Act
17is amended by changing Sections 5 and 10 as follows:
18    (20 ILCS 5156/5)
19    (Section scheduled to be repealed on January 1, 2023)
20    Sec. 5. Illinois Immigrant Impact Task Force.
21    (a) There is hereby established the Illinois Immigrant
22Impact Task Force.
23    (b) The Task Force shall consist of 27 members appointed
24as follows:



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1        (1) one member appointed by the President of the
2    Senate;
3        (2) one member appointed by the Speaker of the House
4    of Representatives;
5        (3) one member appointed by the Minority Leader of the
6    Senate;
7        (4) one member appointed by the Minority Leader of the
8    House of Representatives;
9        (5) one representative of the Governor's Office;
10        (6) one representative of the Governor's Office of
11    Management and Budget;
12        (7) one representative of the Lieutenant Governor's
13    Office;
14        (8) the Executive Director of the Illinois Housing
15    Development Authority or his or her designee;
16        (9) the Secretary of Human Services or his or her
17    designee;
18        (10) the Director on Aging or his or her designee;
19        (11) the Director of Commerce and Economic Opportunity
20    or his or her designee;
21        (12) the Director of Children and Family Services or
22    his or her designee;
23        (13) the Director of Public Health or his or her
24    designee;
25        (14) the Director of Healthcare and Family Services or
26    his or her designee;



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1        (15) the Director of Human Rights or his or her
2    designee;
3        (16) the Director of Employment Security or his or her
4    designee;
5        (17) the Director of Juvenile Justice or his or her
6    designee;
7        (18) the Director of Corrections or his or her
8    designee;
9        (19) the Executive Director of the Illinois Criminal
10    Justice Information Authority or his or her designee;
11        (20) the Chairman of the State Board of Education or
12    his or her designee;
13        (21) the Chairman of the Board of Higher Education or
14    his or her designee;
15        (22) the Chairman of the Illinois Community College
16    Board or his or her designee; and
17        (23) five representatives from organizations offering
18    aid or services to immigrants, appointed by the Governor.
19    (c) The Task Force shall convene as soon as practicable
20after the effective date of this Act, and shall hold at least 6
21meetings. Members of the Task Force shall serve without
22compensation. The Department of Human Services, in
23consultation with any other State agency relevant to the issue
24of immigration in this State, shall provide administrative and
25other support to the Task Force.
26    (d) The Task Force shall examine the following issues:



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1        (1) what the State of Illinois is currently doing to
2    proactively help immigrant communities in this State,
3    including whether such persons are receiving help to
4    become citizens, receiving help to become business owners,
5    and receiving aid for educational purposes;
6        (2) what can the State do going forward to improve
7    relations between the State and immigrant communities in
8    this State;
9        (3) what is the status of immigrant communities from
10    urban, suburban, and rural areas of this State, and
11    whether adequate support and resources have been provided
12    to these communities;
13        (4) the extent to which immigrants in this State are
14    being discriminated against;
15        (5) whether the laws specifically intended to benefit
16    immigrant populations in this State are actually having a
17    beneficial effect;
18        (6) the practices and procedures of the federal
19    Immigration and Customs Enforcement agency within this
20    State;
21        (7) the use and condition of detention centers in this
22    State;
23        (8) all contracts in Illinois entered into with United
24    States Immigration and Customs Enforcement, including
25    contracts with private detention centers, the Illinois
26    State Police, and the Secretary of State's Office,



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1    Division of Motor Vehicles;
2        (9) the impact of the COVID-19 pandemic on immigrant
3    communities, including health impact rates, employment
4    rates, housing, small businesses, and community
5    development;
6        (10) the disbursement of funds received by different
7    agencies that went to immigrant communities;
8        (11) language access programs and their impact on
9    helping immigrant communities better interact with State
10    agencies, and whether existing language access programs
11    are effective in helping immigrant communities interact
12    with the State. The Task Force shall also examine whether
13    all State agencies provide language access for non-English
14    speakers, and which agencies and in what regions of the
15    State is there a lack of language access that creates
16    barriers for non-English dominant speakers from accessing
17    support from the State;
18        (12) the extent to which disparities in access to
19    technology exist in immigrant communities and whether they
20    lead to educational, financial, and other disadvantages;
21    and
22        (13) the extent to which State programs intended for
23    vulnerable populations such as victims of trafficking,
24    crime, and abuse are being implemented or need to be
25    implemented.
26    (e) The Task Force shall report its findings and



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1recommendations based upon its examination of issues under
2subsection (d) to the Governor and the General Assembly on or
3before April 30, 2023 December 31, 2022.
4(Source: P.A. 102-236, eff. 8-2-21; 102-1071, eff. 6-10-22.)
5    (20 ILCS 5156/10)
6    (Section scheduled to be repealed on January 1, 2023)
7    Sec. 10. Repeal. This Act is repealed on May 1 January 1,
9(Source: P.A. 102-236, eff. 8-2-21.)
10    Section 20. The Special Commission on Gynecologic Cancers
11Act is amended by changing Section 100-90 as follows:
12    (20 ILCS 5170/100-90)
13    (Section scheduled to be repealed on January 1, 2023)
14    Sec. 100-90. Repeal. This Article is repealed on January
151, 2028 2023.
16(Source: P.A. 102-4, eff. 4-27-21.)
17    Section 25. The Community Emergency Services and Support
18Act is amended by changing Section 65 as follows:
19    (50 ILCS 754/65)
20    Sec. 65. PSAP and emergency service dispatched through a
219-1-1 PSAP; coordination of activities with mobile and



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1behavioral health services. Each 9-1-1 PSAP and emergency
2service dispatched through a 9-1-1 PSAP must begin
3coordinating its activities with the mobile mental and
4behavioral health services established by the Division of
5Mental Health once all 3 of the following conditions are met,
6but not later than July January 1, 2023:
7        (1) the Statewide Committee has negotiated useful
8    protocol and 9-1-1 operator script adjustments with the
9    contracted services providing these tools to 9-1-1 PSAPs
10    operating in Illinois;
11        (2) the appropriate Regional Advisory Committee has
12    completed design of the specific 9-1-1 PSAP's process for
13    coordinating activities with the mobile mental and
14    behavioral health service; and
15        (3) the mobile mental and behavioral health service is
16    available in their jurisdiction.
17(Source: P.A. 102-580, eff. 1-1-22.)
18    Section 30. The Developmental Disability and Mental
19Disability Services Act is amended by changing Section 7A-1 as
21    (405 ILCS 80/7A-1)
22    (Section scheduled to be repealed on January 1, 2023)
23    Sec. 7A-1. Diversion from Facility-based Care Pilot



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1    (a) The purposes of this Article are to:
2        (1) decrease the number of admissions to
3    State-operated facilities;
4        (2) address the needs of individuals receiving Home
5    and Community Based Services (HCBS) with intellectual
6    disabilities or developmental disabilities who are at risk
7    of facility-based care due to significant behavioral
8    challenges, some with a dual diagnosis of mental illness,
9    by providing a community-based residential alternative to
10    facility-based care consistent with their individual
11    plans, and to transition these individuals back to a
12    traditional community-integrated living arrangement or
13    other HCBS community setting program;
14        (3) create greater capacity within the short-term
15    stabilization homes by allowing individuals who need an
16    extended period of treatment to transfer to a long-term
17    stabilization home;
18        (4) stabilize the existing community-integrated living
19    arrangement homes where the presence of individuals with
20    complex behavioral challenges is disruptive to their
21    housemates; and
22        (5) add support services to enhance community service
23    providers who serve individuals with significant
24    behavioral challenges.
25    (b) Subject to appropriation or the availability of other
26funds for these purposes at the discretion of the Department,



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1the Department shall establish the Diversion from
2Facility-based Care Pilot Program consisting of at least 6
3homes in various locations in this State in accordance with
4this Article and the following model:
5        (1) the Diversion from Facility-based Care Model shall
6    serve individuals with intellectual disabilities or
7    developmental disabilities who are currently receiving
8    HCBS services and are at risk of facility-based care due
9    to significant behavioral challenges, some with a dual
10    diagnosis of mental illness, for a period ranging from one
11    to 2 years, or longer if appropriate for the individual;
12        (2) the Program shall be regulated in accordance with
13    the community-integrated living arrangement guidelines;
14        (3) each home shall support no more than 4 residents,
15    each having his or her own bedroom;
16        (4) if, at any point, an individual, his or her
17    guardian, or family caregivers, in conjunction with the
18    provider and clinical staff, believe the individual is
19    capable of participating in a HCBS service, those
20    opportunities shall be offered as they become available;
21    and
22        (5) providers shall have adequate resources,
23    experience, and qualifications to serve the population
24    target by the Program, as determined by the Department;
25        (6) participating Program providers and the Department
26    shall participate in an ongoing collaborative whereby best



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1    practices and treatment experiences would be shared and
2    utilized;
3        (7) home locations shall be proposed by the provider
4    in collaboration with other community stakeholders;
5        (8) The Department, in collaboration with
6    participating providers, by rule shall develop data
7    collection and reporting requirements for participating
8    community service providers. Beginning December 31, 2020
9    the Department shall submit an annual report
10    electronically to the General Assembly and Governor that
11    outlines the progress and effectiveness of the pilot
12    program. The report to the General Assembly shall be filed
13    with the Clerk of the House of Representatives and the
14    Secretary of the Senate in electronic form only, in the
15    manner that the Clerk and the Secretary shall direct;
16        (9) the staffing model shall allow for a high level of
17    community integration and engagement and family
18    involvement; and
19        (10) appropriate day services, staff training
20    priorities, and home modifications shall be incorporated
21    into the Program model, as allowed by HCBS authorization.
22    (c) This Section is repealed on January 1, 2025 2023.
23(Source: P.A. 100-924, eff. 7-1-19.)
24    Section 35. The Cannabis Regulation and Tax Act is amended
25by changing Section 15-35.20 as follows:



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1    (410 ILCS 705/15-35.20)
2    Sec. 15-35.20. Conditional Adult Use Dispensing
3Organization Licenses on or after January 1, 2022.
4    (a) In addition to any of the licenses issued under
5Section 15-15, Section 15-20, Section 15-25, Section 15-35, or
6Section 15-35.10, by January 1, 2022, the Department may
7publish an application to issue additional Conditional Adult
8Use Dispensing Organization Licenses, pursuant to the
9application process adopted under this Section. The Department
10may adopt rules to issue any Conditional Adult Use Dispensing
11Organization Licenses under this Section. Such rules may:
12        (1) Modify or change the BLS Regions as they apply to
13    this Article or modify or raise the number of Adult
14    Conditional Use Dispensing Organization Licenses assigned
15    to each BLS Region based on the following factors:
16            (A) Purchaser wait times.
17            (B) Travel time to the nearest dispensary for
18        potential purchasers.
19            (C) Percentage of cannabis sales occurring in
20        Illinois not in the regulated market using data from
21        the Substance Abuse and Mental Health Services
22        Administration, National Survey on Drug Use and
23        Health, Illinois Behavioral Risk Factor Surveillance
24        System, and tourism data from the Illinois Office of
25        Tourism to ascertain total cannabis consumption in



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1        Illinois compared to the amount of sales in licensed
2        dispensing organizations.
3            (D) Whether there is an adequate supply of
4        cannabis and cannabis-infused products to serve
5        registered medical cannabis patients.
6            (E) Population increases or shifts.
7            (F) Density of dispensing organizations in a
8        region.
9            (G) The Department's capacity to appropriately
10        regulate additional licenses.
11            (H) The findings and recommendations from the
12        disparity and availability study commissioned by the
13        Illinois Cannabis Regulation Oversight Officer in
14        subsection (e) of Section 5-45 to reduce or eliminate
15        any identified barriers to entry in the cannabis
16        industry.
17            (I) Any other criteria the Department deems
18        relevant.
19        (2) Modify or change the licensing application process
20    to reduce or eliminate the barriers identified in the
21    disparity and availability study commissioned by the
22    Illinois Cannabis Regulation Oversight Officer and make
23    modifications to remedy evidence of discrimination.
24    (b) At no time shall the Department issue more than 500
25Adult Use Dispensing Organization Licenses.
26    (c) The Department shall issue at least 50 additional



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1Conditional Adult Use Dispensing Organization Licenses on or
2before July 1, 2023 December 21, 2022.
3(Source: P.A. 102-98, eff. 7-15-21.)
4    Section 40. The Transportation Network Providers Act is
5amended by changing Section 34 as follows:
6    (625 ILCS 57/34)
7    (Section scheduled to be repealed on January 1, 2023)
8    Sec. 34. Repeal. This Act is repealed on September January
91, 2023.
10(Source: P.A. 101-639, eff. 6-12-20. Reenacted by P.A.
11101-660, eff. 4-2-21. P.A. 102-7, eff. 5-28-21.)
12    Section 45. The Unified Code of Corrections is amended by
13changing Sections 5-4.5-110 and 5-6-3.6 as follows:
14    (730 ILCS 5/5-4.5-110)
15    (Section scheduled to be repealed on January 1, 2023)
18    (a) DEFINITIONS. For the purposes of this Section:
19        "Firearm" has the meaning ascribed to it in Section
20    1.1 of the Firearm Owners Identification Card Act.
21        "Qualifying predicate offense" means the following
22    offenses under the Criminal Code of 2012:



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1            (A) aggravated unlawful use of a weapon under
2        Section 24-1.6 or similar offense under the Criminal
3        Code of 1961, when the weapon is a firearm;
4            (B) unlawful use or possession of a weapon by a
5        felon under Section 24-1.1 or similar offense under
6        the Criminal Code of 1961, when the weapon is a
7        firearm;
8            (C) first degree murder under Section 9-1 or
9        similar offense under the Criminal Code of 1961;
10            (D) attempted first degree murder with a firearm
11        or similar offense under the Criminal Code of 1961;
12            (E) aggravated kidnapping with a firearm under
13        paragraph (6) or (7) of subsection (a) of Section 10-2
14        or similar offense under the Criminal Code of 1961;
15            (F) aggravated battery with a firearm under
16        subsection (e) of Section 12-3.05 or similar offense
17        under the Criminal Code of 1961;
18            (G) aggravated criminal sexual assault under
19        Section 11-1.30 or similar offense under the Criminal
20        Code of 1961;
21            (H) predatory criminal sexual assault of a child
22        under Section 11-1.40 or similar offense under the
23        Criminal Code of 1961;
24            (I) armed robbery under Section 18-2 or similar
25        offense under the Criminal Code of 1961;
26            (J) vehicular hijacking under Section 18-3 or



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1        similar offense under the Criminal Code of 1961;
2            (K) aggravated vehicular hijacking under Section
3        18-4 or similar offense under the Criminal Code of
4        1961;
5            (L) home invasion with a firearm under paragraph
6        (3), (4), or (5) of subsection (a) of Section 19-6 or
7        similar offense under the Criminal Code of 1961;
8            (M) aggravated discharge of a firearm under
9        Section 24-1.2 or similar offense under the Criminal
10        Code of 1961;
11            (N) aggravated discharge of a machine gun or a
12        firearm equipped with a device designed or used for
13        silencing the report of a firearm under Section
14        24-1.2-5 or similar offense under the Criminal Code of
15        1961;
16            (0) unlawful use of firearm projectiles under
17        Section 24-2.1 or similar offense under the Criminal
18        Code of 1961;
19            (P) manufacture, sale, or transfer of bullets or
20        shells represented to be armor piercing bullets,
21        dragon's breath shotgun shells, bolo shells, or
22        flechette shells under Section 24-2.2 or similar
23        offense under the Criminal Code of 1961;
24            (Q) unlawful sale or delivery of firearms under
25        Section 24-3 or similar offense under the Criminal
26        Code of 1961;



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1            (R) unlawful discharge of firearm projectiles
2        under Section 24-3.2 or similar offense under the
3        Criminal Code of 1961;
4            (S) unlawful sale or delivery of firearms on
5        school premises of any school under Section 24-3.3 or
6        similar offense under the Criminal Code of 1961;
7            (T) unlawful purchase of a firearm under Section
8        24-3.5 or similar offense under the Criminal Code of
9        1961;
10            (U) use of a stolen firearm in the commission of an
11        offense under Section 24-3.7 or similar offense under
12        the Criminal Code of 1961;
13            (V) possession of a stolen firearm under Section
14        24-3.8 or similar offense under the Criminal Code of
15        1961;
16            (W) aggravated possession of a stolen firearm
17        under Section 24-3.9 or similar offense under the
18        Criminal Code of 1961;
19            (X) gunrunning under Section 24-3A or similar
20        offense under the Criminal Code of 1961;
21            (Y) defacing identification marks of firearms
22        under Section 24-5 or similar offense under the
23        Criminal Code of 1961; and
24            (Z) armed violence under Section 33A-2 or similar
25        offense under the Criminal Code of 1961.
26    (b) APPLICABILITY. For an offense committed on or after



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1January 1, 2018 (the effective date of Public Act 100-3) this
2amendatory Act of the 100th General Assembly and before
3January 1, 2024 2023, when a person is convicted of unlawful
4use or possession of a weapon by a felon, when the weapon is a
5firearm, or aggravated unlawful use of a weapon, when the
6weapon is a firearm, after being previously convicted of a
7qualifying predicate offense the person shall be subject to
8the sentencing guidelines under this Section.
10        (1) When a person is convicted of unlawful use or
11    possession of a weapon by a felon, when the weapon is a
12    firearm, and that person has been previously convicted of
13    a qualifying predicate offense, the person shall be
14    sentenced to a term of imprisonment within the sentencing
15    range of not less than 7 years and not more than 14 years,
16    unless the court finds that a departure from the
17    sentencing guidelines under this paragraph is warranted
18    under subsection (d) of this Section.
19        (2) When a person is convicted of aggravated unlawful
20    use of a weapon, when the weapon is a firearm, and that
21    person has been previously convicted of a qualifying
22    predicate offense, the person shall be sentenced to a term
23    of imprisonment within the sentencing range of not less
24    than 6 years and not more than 7 years, unless the court
25    finds that a departure from the sentencing guidelines
26    under this paragraph is warranted under subsection (d) of



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1    this Section.
2        (3) The sentencing guidelines in paragraphs (1) and
3    (2) of this subsection (c) apply only to offenses
4    committed on and after January 1, 2018 (the effective date
5    of Public Act 100-3) this amendatory Act of the 100th
6    General Assembly and before January 1, 2024 2023.
8        (1) At the sentencing hearing conducted under Section
9    5-4-1 of this Code, the court may depart from the
10    sentencing guidelines provided in subsection (c) of this
11    Section and impose a sentence otherwise authorized by law
12    for the offense if the court, after considering any factor
13    under paragraph (2) of this subsection (d) relevant to the
14    nature and circumstances of the crime and to the history
15    and character of the defendant, finds on the record
16    substantial and compelling justification that the sentence
17    within the sentencing guidelines would be unduly harsh and
18    that a sentence otherwise authorized by law would be
19    consistent with public safety and does not deprecate the
20    seriousness of the offense.
21        (2) In deciding whether to depart from the sentencing
22    guidelines under this paragraph, the court shall consider:
23            (A) the age, immaturity, or limited mental
24        capacity of the defendant at the time of commission of
25        the qualifying predicate or current offense, including
26        whether the defendant was suffering from a mental or



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1        physical condition insufficient to constitute a
2        defense but significantly reduced the defendant's
3        culpability;
4            (B) the nature and circumstances of the qualifying
5        predicate offense;
6            (C) the time elapsed since the qualifying
7        predicate offense;
8            (D) the nature and circumstances of the current
9        offense;
10            (E) the defendant's prior criminal history;
11            (F) whether the defendant committed the qualifying
12        predicate or current offense under specific and
13        credible duress, coercion, threat, or compulsion;
14            (G) whether the defendant aided in the
15        apprehension of another felon or testified truthfully
16        on behalf of another prosecution of a felony; and
17            (H) whether departure is in the interest of the
18        person's rehabilitation, including employment or
19        educational or vocational training, after taking into
20        account any past rehabilitation efforts or
21        dispositions of probation or supervision, and the
22        defendant's cooperation or response to rehabilitation.
23        (3) When departing from the sentencing guidelines
24    under this Section, the court shall specify on the record,
25    the particular evidence, information, factor or factors,
26    or other reasons which led to the departure from the



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1    sentencing guidelines. When departing from the sentencing
2    range in accordance with this subsection (d), the court
3    shall indicate on the sentencing order which departure
4    factor or factors outlined in paragraph (2) of this
5    subsection (d) led to the sentence imposed. The sentencing
6    order shall be filed with the clerk of the court and shall
7    be a public record.
8    (e) This Section is repealed on January 1, 2024 2023.
9(Source: P.A. 100-3, eff. 1-1-18.)
10    (730 ILCS 5/5-6-3.6)
11    (Section scheduled to be repealed on January 1, 2023)
12    Sec. 5-6-3.6. First Time Weapon Offender Program.
13    (a) The General Assembly has sought to promote public
14safety, reduce recidivism, and conserve valuable resources of
15the criminal justice system through the creation of diversion
16programs for non-violent offenders. This amendatory Act of the
17100th General Assembly establishes a pilot program for
18first-time, non-violent offenders charged with certain weapons
19offenses. The General Assembly recognizes some persons,
20particularly young adults in areas of high crime or poverty,
21may have experienced trauma that contributes to poor decision
22making skills, and the creation of a diversionary program
23poses a greater benefit to the community and the person than
24incarceration. Under this program, a court, with the consent
25of the defendant and the State's Attorney, may sentence a



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1defendant charged with an unlawful use of weapons offense
2under Section 24-1 of the Criminal Code of 2012 or aggravated
3unlawful use of a weapon offense under Section 24-1.6 of the
4Criminal Code of 2012, if punishable as a Class 4 felony or
5lower, to a First Time Weapon Offender Program.
6    (b) A defendant is not eligible for this Program if:
7        (1) the offense was committed during the commission of
8    a violent offense as defined in subsection (h) of this
9    Section;
10        (2) he or she has previously been convicted or placed
11    on probation or conditional discharge for any violent
12    offense under the laws of this State, the laws of any other
13    state, or the laws of the United States;
14        (3) he or she had a prior successful completion of the
15    First Time Weapon Offender Program under this Section;
16        (4) he or she has previously been adjudicated a
17    delinquent minor for the commission of a violent offense;
18        (5) he or she is 21 years of age or older; or
19        (6) he or she has an existing order of protection
20    issued against him or her.
21    (b-5) In considering whether a defendant shall be
22sentenced to the First Time Weapon Offender Program, the court
23shall consider the following:
24        (1) the age, immaturity, or limited mental capacity of
25    the defendant;
26        (2) the nature and circumstances of the offense;



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1        (3) whether participation in the Program is in the
2    interest of the defendant's rehabilitation, including any
3    employment or involvement in community, educational,
4    training, or vocational programs;
5        (4) whether the defendant suffers from trauma, as
6    supported by documentation or evaluation by a licensed
7    professional; and
8        (5) the potential risk to public safety.
9    (c) For an offense committed on or after January 1, 2018
10(the effective date of Public Act 100-3) this amendatory Act
11of the 100th General Assembly and before January 1, 2024 2023,
12whenever an eligible person pleads guilty to an unlawful use
13of weapons offense under Section 24-1 of the Criminal Code of
142012 or aggravated unlawful use of a weapon offense under
15Section 24-1.6 of the Criminal Code of 2012, which is
16punishable as a Class 4 felony or lower, the court, with the
17consent of the defendant and the State's Attorney, may,
18without entering a judgment, sentence the defendant to
19complete the First Time Weapon Offender Program. When a
20defendant is placed in the Program, the court shall defer
21further proceedings in the case until the conclusion of the
22period or until the filing of a petition alleging violation of
23a term or condition of the Program. Upon violation of a term or
24condition of the Program, the court may enter a judgment on its
25original finding of guilt and proceed as otherwise provided by
26law. Upon fulfillment of the terms and conditions of the



10200HB2406sam002- 39 -LRB102 13035 BMS 41877 a

1Program, the court shall discharge the person and dismiss the
2proceedings against the person.
3    (d) The Program shall be at least 18 months and not to
4exceed 24 months, as determined by the court at the
5recommendation of the Program administrator and the State's
6Attorney. The Program administrator may be appointed by the
7Chief Judge of each Judicial Circuit.
8    (e) The conditions of the Program shall be that the
10        (1) not violate any criminal statute of this State or
11    any other jurisdiction;
12        (2) refrain from possessing a firearm or other
13    dangerous weapon;
14        (3) obtain or attempt to obtain employment;
15        (4) attend educational courses designed to prepare the
16    defendant for obtaining a high school diploma or to work
17    toward passing high school equivalency testing or to work
18    toward completing a vocational training program;
19        (5) refrain from having in his or her body the
20    presence of any illicit drug prohibited by the
21    Methamphetamine Control and Community Protection Act, the
22    Cannabis Control Act, or the Illinois Controlled
23    Substances Act, unless prescribed by a physician, and
24    submit samples of his or her blood or urine or both for
25    tests to determine the presence of any illicit drug;
26        (6) perform a minimum of 50 hours of community



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1    service;
2        (7) attend and participate in any Program activities
3    deemed required by the Program administrator, including
4    but not limited to: counseling sessions, in-person and
5    over the phone check-ins, and educational classes; and
6        (8) pay all fines, assessments, fees, and costs.
7    (f) The Program may, in addition to other conditions,
8require that the defendant:
9        (1) wear an ankle bracelet with GPS tracking;
10        (2) undergo medical or psychiatric treatment, or
11    treatment or rehabilitation approved by the Department of
12    Human Services; and
13        (3) attend or reside in a facility established for the
14    instruction or residence of defendants on probation.
15    (g) There may be only one discharge and dismissal under
16this Section. If a person is convicted of any offense which
17occurred within 5 years subsequent to a discharge and
18dismissal under this Section, the discharge and dismissal
19under this Section shall be admissible in the sentencing
20proceeding for that conviction as evidence in aggravation.
21    (h) For purposes of this Section, "violent offense" means
22any offense in which bodily harm was inflicted or force was
23used against any person or threatened against any person; any
24offense involving the possession of a firearm or dangerous
25weapon; any offense involving sexual conduct, sexual
26penetration, or sexual exploitation; violation of an order of



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1protection, stalking, hate crime, domestic battery, or any
2offense of domestic violence.
3    (i) This Section is repealed on January 1, 2024 2023.
4(Source: P.A. 102-245, eff. 8-3-21.)
5    Section 50. The Disposition of Remains of the Indigent Act
6is amended by changing Section 35 as follows:
7    (755 ILCS 66/35)
8    (Section scheduled to be repealed on December 31, 2022)
9    Sec. 35. Repealer. This Act is repealed on December 31,
102027 2022.
11(Source: P.A. 100-526, eff. 6-1-18.)
12    Section 55. "An Act concerning criminal law", approved
13August 20, 2021, Public Act 102-490, is amended by changing
14Section 99 as follows:
15    (P.A. 102-490, Sec. 99)
16    Sec. 99. Effective date. This Act takes effect on January
171, 2024 2023.
18(Source: P.A. 102-490.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".