Public Act 098-1095

SB1681 Enrolled LRB098 09096 OMW 39233 b

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 1. Short title. This Act may be cited as the

Regional Fire Protection Agency Act.

Section 5. Purpose and creation.

(a) Purpose. The General Assembly finds the consolidation

of fire protection services on a regional basis provided by

fire departments throughout the State of Illinois to be an

economic benefit. Therefore, this Act establishes procedures

for the creation of Regional Fire Protection Agencies that

encompass wider service areas by combining existing fire

departments and extending service areas of these departments

into under-served geographic areas. It is the expressed intent

of the General Assembly that Regional Fire Protection Agencies

shall achieve a net savings in the cost of providing fire

protection services, emergency medical services, and related

services in the expanded service area by reducing and

eliminating costs including, but not limited to, duplicative or

excessive administrative and operational services, equipment,

facilities, and capital expenditures, without a reduction in

the quality or level of these services.

(b) Creation. A Regional Fire Protection Agency may be

formed by filing voter-initiated petitions for the purposes of

integrating existing service areas of contiguous units of local

government providing fire protection services to achieve the

purposes of this Act.

Section 7. Application.

This Act does not apply to any unit of local government

that has entered into a consolidation agreement with one or

more units of local government that includes the consolidation

of the delivery of fire protection or emergency medical

services under a single chain of command. Additionally, this

Act does not apply to any unit of local government that has

adopted a resolution declaring the intent to consolidate the

delivery of fire protection or emergency medical services under

a single chain of command with one or more units of local

government. The resolution shall exempt the local government

from the provisions of this Act for one year following its

passage. The existence of an automatic aid agreement or mutual

aid agreements does not constitute a consolidation for the

purposes of this Section.

Section 10. Definitions. The definitions in this Section

apply throughout this Act unless the context clearly requires

otherwise:

"Board" means the governing body of a Regional Fire

Protection Agency.

"Fire protection jurisdiction" means a fire protection

district, municipal fire department, or service organized

under Section 5-1056.1 of the Counties Code, Sections 195 and

200 of the Illinois Township Code, Section 10-2.1 of the

Illinois Municipal Code, or the Illinois Fire Protection

District Act.

"Joint Committee" means the group consisting of the parties

appointed by the court in accordance with the procedures of

this Act after a petition has been filed to create a Regional

Fire Protection Agency. The Joint Committee meets for the

limited purpose of negotiating the terms of an

intergovernmental agreement to create and implement a Regional

Fire Protection Agency.

"Property Tax" or "Tax" has the same meaning as the term

"Tax", as defined in Section 1-145 of the Property Tax Code.

"Regional Fire Protection Agency" or "Agency" means a fire

protection organization formed pursuant to this Act that

combines 2 or more units of local government with a unified

command and operations that has boundaries that are coextensive

with 2 or more adjacent units of local government and has been

created by a referendum under this Act.

"Special Mediator" means an individual who possesses the

qualifications specified in this Act and shall facilitate the

negotiation of an intergovernmental agreement to create a

Regional Fire Protection Agency.

Section 15. Elections and referenda. When a referendum is

submitted under this Act for approval or rejection by the

electors, the time and manner of conducting a referendum,

including petition signature requirements, shall be in

accordance with the general election law of the State. The

creation of any Regional Fire Protection Agency by referendum

shall be secured by an intergovernmental agreement that

includes terms that meet the standards set forth in Section 25

of this Act.

Section 20. Notice to the Office of the State Fire Marshal.

The Office of the State Fire Marshal shall be served notice

as to any plans of 2 or more units of local government to

combine fire protection or emergency medical services, or both,

as follows:

(1) Whenever a county clerk or other election authority

places upon a ballot the question of creating or altering

an Agency or fire protection jurisdiction, the clerk or

other election authority shall notify the Office of the

State Fire Marshal that the proposition is to be put before

the electorate. The notice shall be sent to the Office of

the State Fire Marshal within 10 business days after the

question is certified to the clerk or other election

authority.

(2) Whenever the governing bodies of 2 or more adjacent

fire protection jurisdictions conduct a public hearing to

consider a plan to combine 2 or more fire protection

jurisdiction service areas by intergovernmental agreement,

the clerk of each unit of local government to be party to

such an intergovernmental agreement shall notify the

Office of the State Fire Marshal that the units of local

government are considering such a plan. The notice shall be

sent to the Office of the State Fire Marshal within 10

business days after notice of the meeting is published.

(3) Whenever the governing bodies of 2 or more adjacent

fire protection jurisdictions enter into an agreement to

combine 2 or more fire protection jurisdiction service

areas by intergovernmental agreement, the clerk of each

unit of local government to be party to such an

intergovernmental agreement shall notify the Office of the

State Fire Marshal that the units of local government have

entered into the intergovernmental agreement. The notice

shall be sent to the Office of the State Fire Marshal

within 10 business days after notice of the meeting is

published.

Section 25. Creation of an Agency by petition and

referendum.

(a) Petition. A Regional Fire Protection Agency may

exclusively be formed upon petition signed by the lesser of:

(i) at least 8% of the total votes cast for candidates for

Governor in the preceding gubernatorial election in each of the

units of local governments included in the Regional Fire

Protection Agency; or (ii) at least 500 legal voters in each of

the units of local government to be included in the Regional

Fire Protection Agency. The petition shall be filed in the

circuit court of the county in which the greater part of the

land of the proposed Regional Fire Protection Agency shall be

situated. The petition shall set forth the names of the units

of local government proposed to be included, the name of the

proposed Regional Fire Protection Agency, the benefits of

consolidating the units of local government within a Regional

Fire Protection Agency, the names of the representatives of the

petitioners from each unit of local government who shall be

authorized to serve on the Joint Committee, and up to 3

alternate representatives from each unit of local government in

the event a designated representative ceases to be an elector

of their jurisdiction or resigns from the Joint Committee. Upon

its filing, the petition shall be presented to the court, and

the court shall fix the date and hour for a hearing.

(b) Notice of Hearing. Upon the filing of the petition, the

court shall set a hearing date that is at least 4 weeks, but

not more than 8 weeks, after the date the petition is filed.

The court, clerk, petitioner's counsel, or sheriff shall, upon

order of the court, give notice 21 days before the hearing in

one or more daily or weekly newspapers of general circulation

in each county where an affected unit of local government is

organized. The notice must describe the units of local

government to be included and shall state that if the

conditions required by this Section are met, then the

proposition for the creation of the Agency shall be submitted

to the voters of the units of local government in the proposed

Agency by order of the court.

(c) Hearing and referendum. At the hearing, the court shall

first determine whether the petition is supported by the

required number of valid signatures of legal voters within the

contiguous units of local government. If the petition is

proper, then the court shall remand the matter to a Special

Mediator who shall mediate the negotiations regarding the terms

of an intergovernmental agreement by the members of the Joint

Committee as provided in subsection (d) of this Section. The

Special Mediator shall be a member of the bar of the State of

Illinois or a member of the faculty of an accredited law

school. The Special Mediator shall have practiced law for at

least 7 years and be knowledgeable about municipal, labor,

employment, and election law. The Special Mediator shall be

free of any conflicts of interest. The Special Mediator shall

have strong mediation skills and the temperament and training

to listen well, facilitate communication, and assist with

negotiations. Special Mediators shall have sufficient

experience and familiarity with municipal, labor, employment,

and election law to provide a credible evaluation and

assessment of relative positions. The Special Mediator

assigned to mediate the Joint Committee's negotiations shall be

selected by the members of the Joint Committee from a panel of

7 individuals provided by the Joint Labor Management Committee,

as it is defined in Section 50 of the Fire Department Promotion

Act. The panel shall be randomly selected by the Joint Labor

Management Committee from a master list maintained by the Joint

Labor Management Committee consisting of at least 14 qualified

Special Mediators. If the members fail to agree, the court

shall appoint the Special Mediator. The Joint Committee may

elect to conduct negotiations without the assistance of the

Special Mediator upon a majority vote of the Joint Committee.

To certify a question for referendum, the court must find that:

(i) based upon a preponderance of the evidence, at least 2 of

the 3 Joint Committee representatives appointed by the court

for each unit of local government included in the proposed

Agency have executed an intergovernmental agreement that

includes terms that are in compliance with the requirements

under subsection (d) of this Section; (ii) the terms of an

agreed-upon intergovernmental agreement have been approved by

the requisite governing bodies of each of the units of local

government; and (iii) should the terms of an agreed-upon

intergovernmental agreement change the terms of the collective

bargaining agreement for a bargaining unit of employees of any

local unit of government of the proposed Regional Fire

Protection Agency, any affected collective bargaining units

must also approve all such changes in the terms of the

collective bargaining agreement.

(d) Joint Committee. The court shall allow appointments to

the Joint Committee as follows:

(1) A representative of each unit of local government

included within the proposed service area of the proposed

Agency.

(2) A representative of each collective bargaining

unit that is a party to a collective bargaining agreement

with a unit of local government to provide fire suppression

or emergency medical services, or both, included within the

proposed Agency.

(3) A representative for the petitioners from each unit

of local government included within the proposed Agency, as

designated by the petition, or, if none are designated or

willing to serve, then chosen by the court from among the

legal voters that signed the petition.

(e) Joint Committee Negotiations. After remand, the

Special Mediator shall schedule a meeting of the Joint

Committee and facilitate the members in negotiating the terms

of an intergovernmental agreement. The first order of business

shall be to establish a financial baseline for the current

costs of fire and emergency medical services provided by the

units of local government party to the Joint Committee. To this

end, each unit of local government party to the Joint Committee

shall disclose to the Joint Committee the total aggregate

expenditures it allocates for providing all fire, rescue, and

emergency medical services. These expenditures shall include,

but are not limited to, the following cost factors: (i) all

expenses from the corporate fund and other operational funds

related to fire protection services, whether direct or

indirect, for the current fiscal year; and (ii) all costs,

whether direct or indirect, paid from other funds, including,

but not limited to, capital or building funds, pension funds,

workers' compensation funds, health insurance funds,

enterprise funds, administrative funds, and all other funds

from which money is, or may be, paid or transferred to pay for

the administration and compensation or benefits for employees

or persons assigned to provide fire or emergency medical

services or related services, equipment, and buildings and

their maintenance or operation and debt service for any

expenditures related to these or related cost factors.

The Special Mediator or the court, or both if necessary,

shall facilitate the computation and production of this

financial baseline unless the Joint Committee elects to conduct

negotiations without the assistance of the Special Mediator.

The financial baseline shall serve as the predicate to: (i) the

annual contributions to be made by each unit of local

government to the costs of providing fire and emergency medical

services to the service area established for the proposed

Regional Fire Protection Agency; and (ii) for the court's

findings pursuant to subsection (f) of this Section.

The Joint Committee may take note or give due consideration

to available resources, studies, and plans that may facilitate

the resolution of issues relating to the terms of an agreement.

Negotiations may continue for a period of 90 days or, if the

court determines that additional time will facilitate

agreement, longer.

If no agreement is reached, the court shall dismiss the

petition. If an agreement is reached, the court shall schedule

an evidentiary hearing with notice to determine if the terms of

the agreement are in compliance with the requirements of

subsection (f) of this Section. The expenses of the Special

Mediator shall be apportioned equally among the included units

of local government unless the parties agree otherwise in the

intergovernmental agreement.

If the intergovernmental agreement has been approved by the

governing bodies of at least 2 units of local government

included in the original petition, then the petition may

proceed, provided that the agreement is also executed by at

least 2 of 3 Joint Committee representatives from each affected

unit of local government included in the original petition. The

units of local government that did not consent to inclusion

shall be dismissed, and an amended petition on behalf of the

consenting units of local government shall be scheduled for an

evidentiary hearing.

The persons or entities, or their duly authorized

representatives, that shall have standing to present evidence

at the hearing are the petitioners, the units of local

government that sought to be included in the proposed Agency,

and the representatives of each collective bargaining unit that

is a party to a collective bargaining agreement with a fire

protection jurisdiction within a unit of local government

included within the proposed Agency.

If the court finds, by a preponderance of the evidence,

that the petition is supported by a proper intergovernmental

agreement, the court shall enter an order certifying the

proposition to the proper election officials, who shall submit

the question of the creation of the proposed Agency to the

legal voters of each included unit of local government at the

next election. Notice of the election shall be given and the

election conducted in the manner provided by the general

election law. The notice shall state the boundaries of the

proposed Agency.

The question shall be submitted in substantially the

following form:

Shall the service areas of (names of existing units of

local government to be combined) be combined to create the

(name of the Regional Fire Protection Agency)?

Responses shall be recorded as "Yes" or "No".

A written statement of the election results shall be filed

with the court. If, in each unit of local government included

within the boundaries of the Regional Fire Protection Agency, a

majority of the voters voting on the question favor the

proposition, then the court shall issue an order stating that

the Agency has been approved.

(f) Intergovernmental agreement; minimum standards of

service. The terms of the intergovernmental agreement shall

ensure that all of the following standards of service are met:

(1) The formation of the Agency shall result in no net

increase in the cost of fire protection services and

emergency medical services to the units of local government

in the proposed Agency due to the reduction or elimination

of duplicative administrative costs, operational costs,

equipment costs, or capital expenditures unless members of

the Joint Committee can demonstrate that an increase in the

cost to a participating unit of local government is

justified by a corresponding increase in the level of

services provided under the terms of the intergovernmental

agreement.

(2) The formation of the Agency shall not increase the

average response times in any included unit of local

government.

(3) Agencies shall have no independent ability to levy

taxes and shall rely on the fiscal support and

contributions from component fire protection

jurisdictions, as required under the terms of the

intergovernmental agreement.

Section 30. Judicial notice. All courts in this State shall

take judicial notice of the existence of any Agency organized

under this Act, and every such Agency shall constitute a body

corporate that may sue or be sued in all courts.

Section 35. Support. Notwithstanding any provision of this

Act, a Regional Fire Protection Agency may receive

supplementary funding, fiscal support, or other revenue or

property consideration from the State, including the Office of

the State Fire Marshal, a county, or any other unit of local

government, to defray the expenses of organizing a new Agency

or as may be deemed necessary or appropriate, and may be

appropriated by that entity to the Agency.

Section 40. Enforcement of an intergovernmental agreement.

In the event of a default of payment, the Agency shall be

authorized to secure collection of promised contributions from

the defaulting unit of local government by court order

authorizing the interception of or turning over of: (1) monies

deposited or to be deposited into any fund of the defaulting

unit of local government; or (2) grants or other revenues or

taxes expected to be received by the unit of local government

from the State, county, or federal government, including taxes

imposed by the governmental unit pursuant to a grant of

authority by the State, such as property, sales or use taxes or

utility taxes.

Any interception authorized under this Section by the

Agency shall be valid and binding from the time the

interception order is made until the defaulting unit of local

government has paid in full its past due obligations to the

Agency and has been current in its obligations to the Agency

for a minimum of 12 months. The revenues, monies, and other

funds intercepted and to be intercepted by the Agency shall

immediately be subject to the Agency's lien. The lien shall be

valid and binding against all parties having claims of any kind

in tort, contract, or otherwise against the defaulting unit of

local government, irrespective of whether such parties have

notice. Under any such interception, a defaulting unit of local

government may bind itself to impose rates, charges, or taxes

to the fullest extent permitted by applicable law. Any

ordinance, resolution, trust agreement, or other instrument by

which a lien is created shall be filed in the records of the

Agency.

The State Treasurer, the State Comptroller, the Department

of Revenue, the Department of Transportation, and any county

official charged with collecting and disbursing property taxes

shall deposit or cause to be deposited any amount of grants or

other revenues or taxes expected to be received by the

defaulting unit of local government from that official or

entity that has been pledged to the defaulting unit of local

government, directly into a designated escrow account

established by the Agency at a trust company or bank having

trust powers, unless otherwise prohibited by law. The court

order authorizing that disposition shall, within 10 days after

issuance, be filed with the official or entity with custody of

the garnished grants or other revenues or taxes.

Section 45. Initial startup.

(a) An Agency shall commence operations no later than 90

days after the date of the election unless an alternative date

is agreed to by the terms of the intergovernmental agreement

and shall operate for the purposes set forth in the

intergovernmental agreement. An Agency's governing body shall

consist of representatives designated by the governing bodies

of the participating units of local government as set forth in

this Act, and shall be considered to be formed upon approval of

the governing body of each member unit of local government

unless otherwise agreed to by the terms of the

intergovernmental agreement.

(b) The Regional Fire Protection Agency shall be governed

by a 5-member Board of Trustees. Each trustee shall be a

resident of a unit of local government within the Agency. The

Board shall elect a Chairperson from among its members.

The number of trustees from each unit of local government

shall be in proportion, as nearly as practicable, to the number

of residents of the Agency who reside in that unit of local

government in relation to the total population of the Agency.

Thereafter, each trustee shall be succeeded by a resident of

the same unit of local government and shall be appointed by the

same appointing authority. The appropriate appointing

authorities shall appoint 5 trustees of the Agency within 60

days after the entry of the order establishing the Agency. The

trustees shall be electors in one of the units of local

government of the Agency, provided that the Board shall consist

of at least one trustee from each unit of local government,

subject to the intergovernmental agreement, within the

Regional Fire Protection Agency. The trustees shall hold the

terms of office and shall have the powers and qualifications

that are provided for trustees under Section 4 of the Fire

Protection District Act.

In the event of a conflict between the terms of the

intergovernmental agreement and the powers of the trustees

otherwise provided by law, the terms of the intergovernmental

agreement shall prevail and supersede.

(c) The Agency shall have the power, duties, and

obligations of a fire protection district as otherwise provided

by the Fire Protection District Act, except as modified or

limited by the provisions of this Act or terms of the

intergovernmental agreement. The Agency shall develop a budget

funded at a level sufficient to ensure that the quality of

services provided to the residents of the service area within

the boundary of the included units of local government

continues at a level equal to or greater than those provided

prior to the modification.

(d) The establishment of an Agency as a separately named

unit of local government shall not prevent the units of local

government within it from identifying their historical fire

departments with the names of their localities. In that event,

local fire departments shall be described as [local name]

Branch of the [name of the Agency].

(e) Upon the formation of an Agency under this Act, the

fire departments of the participating units of local government

shall be operated under a single chain of command under the

leadership of one fire chief appointed by the Board of the

Agency. The manner in which chiefs and subordinate chief

officers who are redundant under the single chain of command

and who are eliminated or integrated into the new unified chain

of command shall be defined within the terms of the

intergovernmental agreement entered into by the parties. The

chiefs and other chief officers shall retain any rights they

may have as established by other applicable law, provided that

positions shall not be available to any person who is already

retired and receiving benefits under Article 4 of the Illinois

Pension Code. Any proposed reduction to a bargaining unit

position resulting from the abolishment of a non-bargaining

unit position shall be subject to compliance with the

bargaining rights of any affected collective bargaining

representative.

Upon taking office, the fire chief of the Agency shall

command all operations of the unified service area of the

Agency. The District shall become a body politic and corporate

with all the powers, rights, duties, and obligations vested in

it under the terms of the intergovernmental agreement and as

otherwise provided under the provisions of this Act.

(f) Upon the organization of the Agency, the duties of each

included unit of local government relating to the operation of

a fire department and emergency medical services within the

boundaries of the Agency shall be transferred to the Board of

the Agency to be exercised according to the terms of the

intergovernmental agreement and as otherwise provided under

the provisions of this Act.

(g) Unless otherwise agreed upon, all firefighters,

emergency medical services personnel, and other personnel

lawfully in the employment of any unit of local government

included in the Agency shall maintain identity with the fire

departments that they were serving on prior to the creation of

the Regional Fire Protection Agency, but shall be subject to

the unified chain of command established by the Board.

An Agency consisting of any fire department that employs

full-time officers or members shall be subject to Sections

16.01 through 16.18 of the Fire Protection District Act unless

the terms of the intergovernmental agreement agreed to by the

included units of local government and included collective

bargaining unit agents representing employees engaged in

providing fire protection or emergency medical services, or

both, within the Agency's service area provide otherwise.

(h) Contracts in effect between an exclusive bargaining

agent representing employees engaged in providing fire

protection or emergency medical services, or both, within the

Agency's service area and a participating unit of local

government shall continue according to their terms. Successor

contracts shall be negotiated in accordance with the provisions

of the Illinois Public Labor Relations Act. Upon agreement of

any 2 or more units of local government and corresponding

exclusive bargaining representatives, and approval of that

agreement by a majority of the members of each respective

bargaining unit who vote on the issue, any 2 or more bargaining

units may be consolidated into a single bargaining unit.

(i) Any unit of local government that is included in an

Agency shall be exempt from any reduction in the formula for

distribution of income tax revenues under Section 901 of the

Illinois Income Tax Act and personal property replacement tax

revenues under subsection (c) of Section 201 of the Illinois

Income Tax Act collected from local taxpayers by State agencies

and redistributed to the units of local government based on the

formula and laws in effect as of the effective date of this

amendatory Act of the 98th General Assembly.

Section 50. Levy of taxes; limitations; indebtedness.

(a) To carry out the purposes for which an Agency is

created, the Agency Board is empowered to take all actions

authorized by law and authorized under this Act for the purpose

of enforcing payment of any and all contributions and payments

required under the terms of an intergovernmental agreement

executed under the provisions of this Act.

(b) The inclusion of any unit of local government into an

Agency shall not affect the obligation of any contract entered

into by the unit of local government unless otherwise agreed

upon in the intergovernmental agreement. Such contracts shall

remain the obligation of the unit of local government that

incurred the obligation.

The inclusion of a unit of local government in an Agency

shall not adversely affect proceedings for the collection or

enforcement of any tax debt, or other obligation owed to the

unit of local government. The proceedings shall continue to

finality as if no inclusion had taken place. The proceeds

thereof shall be paid to the treasurer of the unit of local

government, subject to the terms of the intergovernmental

agreement.

All suits pending in any court on behalf of or against any

participating unit of local government relating to the

provision of fire or emergency medical services on the date

that the unit of local government is joined into an Agency

under this Act may be prosecuted or defended in the name of the

unit of local government unless otherwise provided in the

intergovernmental agreement. All judgments obtained for any

unit of local government joined into an Agency shall be

collected and enforced by the Agency for its benefit unless

otherwise provided in the intergovernmental agreement.

The intergovernmental agreement shall define ownership

interests and rights of each unit of local government's fire

department related assets and liabilities.

Section 55. Petition to dissolve a District; referendum.

The Board of an Agency established by referendum may certify

and submit the question of dissolution of the Agency to the

electors of the Agency. The Board may draft a ballot title,

give notice as required by the general election law, and

perform other duties as required to put the question before the

voters of the Agency for their approval or rejection as a

single ballot measure. The electorate consists of the voters

voting within the boundaries of the existing Agency. A simple

majority of the registered voters voting on the single ballot

measure is required to approve dissolution of the Agency. The

Agency seeking dissolution is liable for its proportionate

share of the costs of the election.

The question shall be in substantially the following form:

Shall the [name of Regional Fire Protection Agency] be

dissolved?

Votes shall be recorded as "Yes" or "No".

If a majority of the votes cast are in favor of the

dissolution, the assets, liabilities, obligations, and

personnel assigned or belonging to the Agency shall revert to

the component units of local government comprising or

contributing to the Agency, proportional to each unit of local

government's contribution. All such transfers and

reassignments shall be made in an expeditious and timely

manner, and no longer than 120 days after the date upon which

the Agency's dissolution vote was certified by local election

authorities.

Section 60. Powers; exclusive. The powers provided by this

Act for the creation of Regional Fire Protection Agencies do

not prohibit a unit of local government from entering into an

intergovernmental agreement to merge, consolidate, or

otherwise cooperate with other units of local government to

provide fire, rescue, or emergency medical services as

otherwise provided by Section 10 of Article VII of the Illinois

Constitution and the Illinois Intergovernmental Cooperation

Act. However, the powers and benefits provided by this Act for

the combination of fire protection or emergency medical

services, or both, of 2 or more units of local government shall

be limited to Regional Fire Protection Agencies operated

according to the terms of an intergovernmental agreement that

has been approved by referendum in accordance with this Act.

The terms of any intergovernmental agreement of an Agency

created by referendum shall supersede and control over any and

all other intergovernmental agreements that may exist that

relate to the provision of fire protection or emergency medical

services, or both, in geographic areas incorporated within the

service areas combined under the terms of a referendum-approved

intergovernmental agreement.

Section 65. Home rule. A home rule municipality may not

administer fire protection services or emergency medical

services, or both, in geographic areas incorporated within the

service area of an Agency in a manner that is inconsistent with

the terms of an intergovernmental agreement approved in

accordance with this Act. This Section is a limitation under

subsection (i) of Section 6 of Article VII of the Illinois

Constitution on the concurrent exercise by home rule units of

powers and functions exercised by the State.

Section 99. Effective date. This Act takes effect upon

becoming law.