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91_HB1218
LRB9100144JMmbA
1 AN ACT to amend the Election Code.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5 Sections 4-6, 5-5, 6-29, 6-50, 12-4, 12-5, 16-6.1, and 24A-6
6 as follows:
7 (10 ILCS 5/4-6) (from Ch. 46, par. 4-6)
8 Sec. 4-6. For the purpose of registering voters under
9 this Article in addition to the method provided for precinct
10 registration under Section 4-7, the office of the county
11 clerk shall be open every day, except Saturday, Sunday, and
12 legal holidays, from 9:00 a.m. to 5:00 p.m. On Saturdays the
13 hours of registration shall be from 9:00 a.m. to 12:00 noon,
14 and such additional hours as the county clerk may designate.
15 If, however, the county board otherwise duly regulates and
16 fixes the hours of opening and closing of all county offices
17 at the county seat of any county, such regulation shall
18 control and supersede the hours herein specified. There shall
19 be no registration at the office of the county clerk or at
20 the office of municipal and township or road district clerks
21 serving as deputy registrars during the 28 days preceding any
22 regular or special election at which the cards provided in
23 this Article are used, or until the 2nd day following such
24 regular or special election; provided, that if by reason of
25 the proximity of any such elections to one another the effect
26 of this provision would be to close registrations for all or
27 any part of the 10 days immediately prior to such 28 day
28 period, the county clerk shall accept, solely for use in the
29 subsequent and not in any intervening election, registrations
30 and transfers of registration within the period from the 28th
31 to the 38th days, both inclusive, prior to such subsequent
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1 election; provided, further that at the office of such clerks
2 registration shall be permitted on the 28th day preceding the
3 election in November of even-numbered years in any county in
4 which such day is not designated as a day of precinct
5 registration. In any election called for the submission of
6 the revision or alteration of, or the amendments to the
7 Constitution, submitted by a Constitutional Convention, the
8 final day for registration at the office of the election
9 authority charged with the printing of the ballot of this
10 election shall be the 15th day prior to the date of election.
11 Any qualified person residing within the county or any
12 portion thereof subject to this Article may register or
13 re-register with the county clerk.
14 Each county clerk shall appoint one or more registration
15 or re-registration teams for the purpose of accepting the
16 registration or re-registration of any voter who files an
17 affidavit that he is physically unable to appear at any
18 appointed place of registration or re-registration. Each team
19 shall consist of one member of each political party having
20 the highest and second highest number of registered voters in
21 the county. The county clerk shall designate a team to visit
22 each disabled person and shall accept the registration or
23 re-registration of each such person as if he had applied for
24 registration or re-registration at the office of the county
25 clerk.
26 As used in this Article, "deputy registrars" and
27 "registration officers" mean any person authorized to accept
28 registrations of electors under this Article.
29 (Source: P.A. 83-1059.)
30 (10 ILCS 5/5-5) (from Ch. 46, par. 5-5)
31 Sec. 5-5. For the purpose of registering voters under
32 this Article 5, in addition to the method provided for
33 precinct registration under Sections 5-6 and 5-17 of this
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1 Article 5, the office of the county clerk shall be open
2 between 9:00 a. m. and 5:00 p. m. on all days except
3 Saturday, Sunday and holidays, but there shall be no
4 registration at such office during the 28 35 days immediately
5 preceding any election required to be held under the law but
6 if no precinct registration is being conducted prior to any
7 election then registration may be taken in the office of the
8 county clerk up to and including the 29th day prior to an
9 election. On Saturdays, the hours of registration shall be
10 from 9:00 a. m. to 12:00 p. m. noon. During such 35 or 28 day
11 period, registration of electors of political subdivisions
12 wherein a regular, or special election is required to be held
13 shall cease and shall not be resumed for the registration of
14 electors of such political subdivisions until the second day
15 following the day of such election. In any election called
16 for the submission of the revision or alteration of, or the
17 amendments to the Constitution, submitted by a Constitutional
18 Convention, the final day for registration at the office of
19 the election authority charged with the printing of the
20 ballot of this election shall be the 15th day prior to the
21 date of the election.
22 Each county clerk shall appoint one deputy for the
23 purpose of accepting the registration of any voter who files
24 an affidavit that he is physically unable to appear at any
25 appointed place of registration. The county clerk shall
26 designate a deputy to visit each disabled person and shall
27 accept the registration of each such person as if he had
28 applied for registration at the office of the county clerk.
29 The offices of city, village, incorporated town and town
30 clerks shall also be open for the purpose of registering
31 voters residing in the territory in which this Article is in
32 effect, and also, in the case of city, village and
33 incorporated town clerks, for the purpose of registering
34 voters residing in a portion of the city, village or
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1 incorporated town not located within the county, on all days
2 on which the office of the county clerk is open for the
3 registration of voters of such cities, villages, incorporated
4 towns and townships.
5 (Source: P.A. 84-762.)
6 (10 ILCS 5/6-29) (from Ch. 46, par. 6-29)
7 Sec. 6-29. For the purpose of registering voters under
8 this Article, the office of the Board of Election
9 Commissioners shall be open during ordinary business hours of
10 each week day, from 9 a.m. to 12 o'clock noon on the last
11 four Saturdays immediately preceding the end of the period of
12 registration preceding each election, and such other days and
13 such other times as the board may direct. During the 28 days
14 immediately preceding any election there shall be no
15 registration of voters at the office of the Board of Election
16 Commissioners in cities, villages and incorporated towns of
17 fewer than 200,000 inhabitants. In cities, villages and
18 incorporated towns of 200,000 or more inhabitants, there
19 shall be no registration of voters at the office of the Board
20 of Election Commissioners during the 35 days immediately
21 preceding any election; provided, however, where no precinct
22 registration is being conducted prior to any election then
23 registration may be taken in the office of the Board up to
24 and including the 29th day prior to such election. The Board
25 of Election Commissioners may set up and establish as many
26 branch offices for the purpose of taking registrations as it
27 may deem necessary, and the branch offices may be open on any
28 or all dates and hours during which registrations may be
29 taken in the main office. All officers and employees of the
30 Board of Election Commissioners who are authorized by such
31 board to take registrations under this Article shall be
32 considered officers of the circuit court, and shall be
33 subject to the same control as is provided by Section 14-5 of
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1 this Act with respect to judges of election.
2 In any election called for the submission of the revision
3 or alteration of, or the amendments to the Constitution,
4 submitted by a Constitutional Convention, the final day for
5 registration at the office of the election authority charged
6 with the printing of the ballot of this election shall be the
7 15th day prior to the date of election.
8 The Board of Election Commissioners shall appoint one or
9 more registration teams, consisting of 2 of its employees for
10 each team, for the purpose of accepting the registration of
11 any voter who files an affidavit, within the period for
12 taking registrations provided for in this article, that he is
13 physically unable to appear at the office of the Board or at
14 any appointed place of registration. On the day or days when
15 a precinct registration is being conducted such teams shall
16 consist of one member from each of the 2 leading political
17 parties who are serving on the Precinct Registration Board.
18 Each team so designated shall visit each disabled person and
19 shall accept the registration of such person the same as if
20 he had applied for registration in person.
21 Any otherwise qualified person who is absent from his
22 county of residence due to business of the United States, or
23 who is temporarily residing outside the territorial limits of
24 the United States, may make application to become registered
25 by mail to the Board of Election Commissioners within the
26 periods for registration provided for in this Article or by
27 simultaneous application for absentee registration and
28 absentee ballot as provided in Article 20 of this Code.
29 Upon receipt of such application the Board of Election
30 Commissioners shall immediately mail an affidavit of
31 registration in duplicate, which affidavit shall contain the
32 following and such other information as the State Board of
33 Elections may think it proper to require for the
34 identification of the applicant:
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1 Name. The name of the applicant, giving surname and
2 first or Christian name in full, and the middle name or the
3 initial for such middle name, if any.
4 Sex.
5 Residence. The name and number of the street, avenue or
6 other location of the dwelling, and such additional clear and
7 definite description as may be necessary to determine the
8 exact location of the dwelling of the applicant. Where the
9 location cannot be determined by street and number, then the
10 section, congressional township and range number may be used,
11 or such other information as may be necessary, including post
12 office mailing address.
13 Term of residence in the State of Illinois and the
14 precinct.
15 Nativity. The state or country in which the applicant
16 was born.
17 Citizenship. Whether the applicant is native born or
18 naturalized. If naturalized, the court, place and date of
19 naturalization.
20 Age. Date of birth, by month, day and year.
21 Out of State address of ..................
22 AFFIDAVIT OF REGISTRATION
23 State of .........)
24 ) ss.
25 County of ........)
26 I hereby swear (or affirm) that I am a citizen of the
27 United States; that on the day of the next election I shall
28 have resided in the State of Illinois and in the election
29 precinct 30 days; that I am fully qualified to vote, that I
30 am not registered to vote anywhere else in the United States,
31 that I intend to remain a resident of the State of Illinois,
32 and of the election precinct, that I intend to return to the
33 State of Illinois, and that the above statements are true.
34 ..............................
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1 (His or her signature or mark)
2 Subscribed and sworn to before me, an officer qualified
3 to administer oaths, on (insert date). this ....... day of
4 ....... 19 .......
5 ........................................
6 Signature of officer administering oath.
7 Upon receipt of the executed duplicate affidavit of
8 Registration, the Board of Election Commissioners shall
9 transfer the information contained thereon to duplicate
10 Registration Cards provided for in Section 6-35 of this
11 Article and shall attach thereto a copy of each of the
12 duplicate affidavit of registration and thereafter such
13 registration card and affidavit shall constitute the
14 registration of such person the same as if he had applied for
15 registration in person.
16 (Source: P.A. 81-953; revised 10-20-98.)
17 (10 ILCS 5/6-50) (from Ch. 46, par. 6-50)
18 Sec. 6-50. The office of the board of election
19 commissioners shall be open during ordinary business hours of
20 each week day, from 9 a.m. to 12 o'clock noon on the last
21 four Saturdays immediately preceding the end of the period of
22 registration preceding each election, and such other days and
23 such other times as the board may direct. There shall be no
24 registration at the office of the board of election
25 commissioners in cities, villages and incorporated towns of
26 fewer than 200,000 inhabitants during the 28 days preceding
27 any primary, regular or special election at which the cards
28 provided for in this Article are used, or until the second
29 day following such primary, regular or special election. In
30 cities, villages and incorporated towns of 200,000 or more
31 inhabitants, there shall be no registration of voters at the
32 office of the board of election commissioners during the 35
33 days immediately preceding any election; provided, however,
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1 where no precinct registration is being conducted prior to
2 any election then registration may be taken in the office of
3 the board up to and including the 29th day prior to such
4 election. In any election called for the submission of the
5 revision or alteration of, or the amendments to the
6 Constitution, submitted by a Constitutional Convention, the
7 final day for registration at the office of the election
8 authority charged with the printing of the ballot of this
9 election shall be the 15th day prior to the date of election.
10 The Board of Election Commissioners shall appoint one or
11 more registration teams, each consisting of one member from
12 each of the 2 leading political parties, for the purpose of
13 accepting the registration of any voter who files an
14 affidavit, within the period for taking registrations
15 provided for in this Article, that he is physically unable to
16 appear at the office of the Board or at any appointed place
17 of registration. On the day or days when a precinct
18 registration is being conducted such teams shall consist of
19 one member from each of the 2 leading political parties who
20 are serving on the precinct registration board. Each team so
21 designated shall visit each disabled person and shall accept
22 the registration of such person the same as if he had applied
23 for registration in person.
24 The office of the board of election commissioners may be
25 designated as a place of registration under Section 6-51 of
26 this Article and, if so designated, may also be open for
27 purposes of registration on such day or days as may be
28 specified by the board of election commissioners under the
29 provisions of that Section.
30 (Source: P.A. 79-1134.)
31 (10 ILCS 5/12-4) (from Ch. 46, par. 12-4)
32 Sec. 12-4. At least Not more than 30 but not nor less
33 than 5 10 days prior to the date of the consolidated and
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1 nonpartisan elections, each election authority shall publish
2 notice of the election of officers of each political
3 subdivision to be conducted in his or its jurisdiction on
4 such election date. The notice of election shall be
5 published once in one or more newspapers published in each
6 political subdivision, and if there is no such newspaper,
7 then published once in a local, community newspaper having
8 general circulation in the subdivision, and also once in a
9 newspaper published in the county wherein the political
10 subdivisions or portions thereof, having such elections are
11 situated.
12 Nothing in this Section shall be construed to prohibit
13 the publication of the specimen ballot labels as required in
14 Sections 24A-18 and 24B-18 and the notice of election as a
15 single publication.
16 The notice shall be substantially in the form prescribed
17 in Section 12-1, and may include notice of the location of
18 the precincts and polling places within or including part of
19 the political subdivision in which the election is to be
20 conducted.
21 Not less than 10 days before each such election, the
22 election authority shall publish notice of the precincts and
23 the location of the polling places where the election will be
24 conducted for political subdivisions wholly or partially
25 within its jurisdiction. The election authority shall cause
26 publication in the manner heretofore prescribed for the
27 notice of election.
28 (Source: P.A. 81-963.)
29 (10 ILCS 5/12-5) (from Ch. 46, par. 12-5)
30 Sec. 12-5. At least Not more than 30 but not nor less
31 than 5 10 days prior to the date of a regular election at
32 which a public question is to be submitted to the voters of a
33 political subdivision, and at least 20 days prior to an
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1 emergency referendum, the election authority shall publish
2 notice of the referendum. The publication requirements shall
3 be as provided in Section 12-4 for notice of election of
4 officers of the political subdivision. However, notice of a
5 referendum shall include the public question as it will
6 appear on the ballot and any additional information required
7 by the statute authorizing the public question. Such notice
8 shall enumerate the precincts and polling places at which the
9 referendum will be conducted only in the case of emergency
10 referenda.
11 Nothing in this Section shall be construed to prohibit
12 the publication of the specimen ballot labels as required in
13 Sections 24A-18 and 24B-18 and the notice of referenda as a
14 single publication.
15 (Source: P.A. 81-963.)
16 (10 ILCS 5/16-6.1) (from Ch. 46, par. 16-6.1)
17 Sec. 16-6.1. In elections held pursuant to the
18 provisions of Section 12 of Article VI of the Constitution
19 relating to retention of judges in office, the form of the
20 proposition to be submitted for each candidate shall be
21 substantially as follows:
22 _____________________________________________________________
23 Shall ....... (insert name YES
24 of candidate) be retained in
25 office as ..... (insert name
26 of office and Court)? NO
27 _____________________________________________________________
28 The names of all candidates thus submitting their names
29 for retention in office in any particular judicial district
30 or circuit shall appear on the same ballot which shall be
31 separate from all other ballots voted on at the general
32 election.
33 Propositions on Supreme Court judges, if any are seeking
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1 retention, shall appear on the ballot in the first group, for
2 judges of the Appellate Court in the second group immediately
3 under the first, and for circuit judges in the last group.
4 The grouping of candidates for the same office shall be
5 preceded by a heading describing the office and the court.
6 If there are two or more candidates for each office, the
7 names of such candidates in each group shall be listed in the
8 order determined as follows: The name of the person with the
9 greatest length of time served in the specified office of the
10 specified court shall be listed first in each group. The
11 rest of the names shall be listed in the appropriate order
12 based on the same seniority standard. If two or more
13 candidates for each office have served identical periods of
14 time in the specified office, such candidates shall be listed
15 alphabetically at the appropriate place in the order of names
16 based on seniority in the office as described. Circuit
17 judges shall be credited for the purposes of this section
18 with service as associate judges prior to July 1, 1971 and
19 with service on any court the judges of which were made
20 associate judges on January 1, 1964 by virtue of Paragraph 4,
21 subparagraphs (c) and (d) of the Schedule to Article VI of
22 the former Illinois Constitution.
23 At the top of the ballot on the same side as the
24 propositions on the candidates are listed shall be printed an
25 explanation to read substantially as follows: "Vote on the
26 proposition with respect to all or any of the judges listed
27 on this ballot. No judge listed is running against any other
28 judge. The sole question is whether each judge shall be
29 retained in his present office".
30 Such separate ballot shall be printed on paper of
31 sufficient size so that when folded once it shall be large
32 enough to contain the following words, which shall be printed
33 on the back, "Ballot for judicial candidates seeking
34 retention in office". Such ballot shall be handed to the
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1 elector at the same time as the ballot containing the names
2 of other candidates for the general election and shall be
3 returned therewith by the elector to the proper officer in
4 the manner designated by this Act. All provisions of this
5 Act relating to ballots shall apply to such separate ballot,
6 except as otherwise specifically provided in this section.
7 Such separate ballot shall be printed upon paper of a green
8 color. No other ballot at the same election shall be green
9 in color.
10 In precincts in which voting machines are used, the
11 special ballot containing the propositions on the retention
12 of judges may be placed on the voting machines if such voting
13 machines permit the casting of votes on such propositions.
14 An electronic voting system authorized by Article 24A may
15 be used in voting and tabulating the judicial retention
16 ballots. When an electronic voting system is used which
17 utilizes a ballot label booklet and ballot card, there shall
18 be used in the label booklet either a separate ballot label
19 page or pages as required for such proposition, which page or
20 pages for such proposition shall be of a green color separate
21 and distinct from the ballot label page or pages used for any
22 other proposition or candidates or if judicial retention
23 candidates appear on the same page as other candidates, the
24 retention portion of the page shall be green, separate, and
25 distinct from the remainder of the page.
26 (Source: P.A. 79-201.)
27 (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6)
28 Sec. 24A-6. The ballot information, whether placed on the
29 ballot or on the marking device, shall, as far as
30 practicable, be in the order of arrangement provided for
31 paper ballots, except that such information may be in
32 vertical or horizontal rows, or in a number of separate
33 pages. Ballots for all questions or propositions to be voted
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1 on must be provided in the same manner and must be arranged
2 on or in the marking device or on the ballot sheet in the
3 places provided for such purposes.
4 When an electronic voting system utilizes a ballot label
5 booklet and ballot card, ballots for candidates, ballots
6 calling for a constitutional convention, constitutional
7 amendment ballots, judicial retention ballots, public
8 measures, and all propositions to be voted upon may be placed
9 on the electronic voting device by providing in the ballot
10 booklet separate ballot label pages or series of pages
11 distinguished by differing colors as provided below. When an
12 electronic voting system utilizes a ballot sheet, ballots
13 calling for a constitutional convention, constitutional
14 amendment ballots and judicial retention ballots shall be
15 placed on the ballot sheet by providing a separate portion of
16 the ballot sheet for each such kind of ballot which shall be
17 printed in ink of a color distinct from the color of ink used
18 in printing any other portion of the ballot sheet. Ballots
19 for candidates, public measures and all other propositions to
20 be voted upon shall be placed on the ballot sheet by
21 providing a separate portion of the ballot sheet for each
22 such kind of ballot. Below the name of the last candidate
23 listed for an office shall be printed a line on which the
24 name of a candidate may be written by the voter, and
25 immediately to the left of such line an area shall be
26 provided for marking a vote for such write-in candidate.
27 More than one amendment to the constitution may be placed on
28 the same ballot page or series of pages or on the same
29 portion of the ballot sheet, as the case may be. Ballot
30 label pages for constitutional conventions or constitutional
31 amendments shall be on paper of blue color and shall precede
32 all other ballot label pages in the ballot label booklet.
33 More than one public measure or proposition may be placed on
34 the same ballot label page or series of pages or on the same
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1 portion of the ballot sheet, as the case may be. More than
2 one proposition for retention of judges in office may be
3 placed on the same ballot label page or series of pages or on
4 the same portion of the ballot sheet, as the case may be.
5 Ballot label pages for candidates shall be on paper of white
6 color, except that in primary elections the ballot label page
7 or pages for the candidates of each respective political
8 party shall be of the color designated by the election
9 official in charge of the election for that political party's
10 candidates; provided that the ballot label pages or pages for
11 candidates for use at the nonpartisan and consolidated
12 elections may be on paper of different colors, except blue,
13 whenever necessary or desirable to facilitate distinguishing
14 between the pages for different political subdivisions. On
15 each page of the candidate booklet, where the election is
16 made to list ballot information vertically, the party
17 affiliation of each candidate or the word "independent" shall
18 appear immediately to the left of the candidate's name, and
19 the name of candidates for the same office shall be listed
20 vertically under the title of that office. In the case of
21 nonpartisan elections for officers of political subdivisions,
22 unless the statute or an ordinance adopted pursuant to
23 Article VII of the Constitution requires otherwise, the
24 listing of such nonpartisan candidates shall not include any
25 party or "independent" designation. Ballot label pages for
26 judicial retention ballots shall be on paper of green color,
27 and ballot label pages for all public measures and other
28 propositions shall be on paper of some other distinct and
29 different color; provided that if judicial retention
30 candidates appear on the same ballot label page as other
31 candidates, the retention portion of the page shall be green,
32 separate, and distinct from the remainder of the page. In
33 primary elections, a separate ballot label booklet, marking
34 device and voting booth shall be used for each political
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1 party holding a primary, with the ballot label booklet
2 arranged to include ballot label pages of the candidates of
3 the party and public measures and other propositions to be
4 voted upon on the day of the primary election. One ballot
5 card may be used for recording the voter's vote or choice on
6 all such ballots, proposals, public measures or propositions,
7 and such ballot card shall be arranged so as to record the
8 voter's vote or choice in a separate column or columns for
9 each such kind of ballot, proposal, public measure or
10 proposition.
11 If the ballot label booklet includes both candidates for
12 office and public measures or propositions to be voted on,
13 the election official in charge of the election shall divide
14 the pages by protruding tabs identifying the division of the
15 pages, and printing on such tabs "Candidates" and
16 "Propositions".
17 The ballot card and all of its columns and the ballot
18 card envelope shall be of the color prescribed for
19 candidate's ballots at the general or primary election,
20 whichever is being held. At an election where no candidates
21 are being nominated or elected, the ballot card, its columns,
22 and the ballot card envelope shall be of a color designated
23 by the election official in charge of the election.
24 The ballot cards, ballot card envelopes and ballot sheets
25 may, at the discretion of the election authority, be printed
26 on white paper and then striped with the appropriate colors.
27 When ballot sheets are used, the various portions thereof
28 shall be arranged to conform to the foregoing format.
29 Absentee ballots may consist of ballot cards, envelopes,
30 paper ballots or ballot sheets voted in person in the office
31 of the election official in charge of the election or voted
32 by mail. Where a ballot card is used for voting by mail it
33 must be accompanied by a punching tool or other appropriate
34 marking device, voter instructions and a specimen ballot
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1 showing the proper positions to vote on the ballot card or
2 ballot sheet for each party, candidate, proposal, public
3 measure or proposition, and in the case of a ballot card must
4 be mounted on a suitable material to receive the punched out
5 chip.
6 Any voter who spoils his ballot or makes an error may
7 return the ballot to the judges of election and secure
8 another. However, the protruding identifying tab for
9 proposals for a constitutional convention or constitutional
10 amendments shall have printed thereon "Constitutional
11 Ballot", and the ballot label page or pages for such
12 proposals shall precede the ballot label pages for candidates
13 in the ballot label booklet.
14 (Source: P.A. 89-700, eff. 1-17-97.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.