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1 | | AN ACT concerning transportation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Public Private Agreements for the Illiana |
5 | | Expressway Act is amended by changing Sections 25, 80, and 95 |
6 | | as follows:
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7 | | (605 ILCS 130/25)
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8 | | Sec. 25. Provisions of the public private agreement. |
9 | | (a) The public private agreement shall include all of the |
10 | | following: |
11 | | (1) The term of the public private agreement that is |
12 | | consistent with Section 15 of this Act; |
13 | | (2) The powers, duties, responsibilities, obligations, |
14 | | and functions of the Department and the contractor; |
15 | | (3) Compensation or payments to the Department , if |
16 | | applicable ; |
17 | | (4) Compensation or payments to the contractor; |
18 | | (5) A provision specifying that the Department: |
19 | | (A) has ready access to information regarding the |
20 | | contractor's powers, duties, responsibilities, |
21 | | obligations, and functions under the public private |
22 | | agreement; |
23 | | (B) has the right to demand and receive information |
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1 | | from the contractor concerning any aspect of the |
2 | | contractor's powers, duties, responsibilities, |
3 | | obligations, and functions under the public private |
4 | | agreement; and |
5 | | (C) has the authority to direct or countermand |
6 | | decisions by the contractor at any time; |
7 | | (6) A provision imposing an affirmative duty on the |
8 | | contractor to provide the Department with any information |
9 | | the contractor reasonably believes the Department would |
10 | | want to know or would need to know to enable the Department |
11 | | to exercise its powers, carry out its duties, |
12 | | responsibilities, and obligations, and perform its |
13 | | functions under this Act or the public private agreement or |
14 | | as otherwise required by law; |
15 | | (7) A provision requiring the contractor to provide the |
16 | | Department with advance notice of any decision that bears |
17 | | significantly on the public interest so the Department has |
18 | | a reasonable opportunity to evaluate and countermand that |
19 | | decision pursuant to this Section; |
20 | | (8) A requirement that the Department monitor and |
21 | | oversee the contractor's practices and take action that the |
22 | | Department considers appropriate to ensure that the |
23 | | contractor is in compliance with the terms of the public |
24 | | private agreement; |
25 | | (9) The authority of the Department to enter into |
26 | | contracts with third parties pursuant to Section 50 of this |
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1 | | Act; |
2 | | (10) A provision governing the contractor's authority |
3 | | to negotiate and execute subcontracts with third parties; |
4 | | (10.5) A provision stating that, in the event the |
5 | | contractor finds it necessary, proper, or desirable to |
6 | | enter into subcontracts with one or more design-build |
7 | | entities, then it must follow a selection process that is, |
8 | | to the greatest extent possible, identical to the selection |
9 | | process contained in the Design-Build Procurement Act; |
10 | | (11) The authority of the contractor to impose user |
11 | | fees and the amounts of those fees, including the authority |
12 | | of the contractor to use congestion pricing, pursuant to |
13 | | which higher tolls rates are imposed during times or in |
14 | | locations of increased congestion; |
15 | | (12) A provision governing the deposit and allocation |
16 | | of revenues including user fees; |
17 | | (13) A provision governing rights to real and personal |
18 | | property of the State, the Department, the contractor, and |
19 | | other third parties; |
20 | | (14) A provision stating that the contractor must, |
21 | | pursuant to Section 75 of this Act, finance an independent |
22 | | audit if the construction costs under the contract exceed |
23 | | $50,000,000; |
24 | | (15) A provision regarding the implementation and |
25 | | delivery of a comprehensive system of internal audits; |
26 | | (16) A provision regarding the implementation and |
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1 | | delivery of reports, which must include a requirement that |
2 | | the contractor file with the Department, at least on an |
3 | | annual basis, financial statements containing information |
4 | | required by generally accepted accounting principles |
5 | | (GAAP); |
6 | | (17) Procedural requirements for obtaining the prior |
7 | | approval of the Department when rights that are the subject |
8 | | of the agreement, including but not limited to development |
9 | | rights, construction rights, property rights, and rights |
10 | | to certain revenues, are sold, assigned, transferred, or |
11 | | pledged as collateral to secure financing or for any other |
12 | | reason; |
13 | | (18) Grounds for termination of the agreement by the |
14 | | Department or the contractor and a restatement of the |
15 | | Department's rights under Section 35 of this Act; |
16 | | (19) A requirement that the contractor enter into a |
17 | | project labor agreement pursuant to Section 100 of this |
18 | | Act; |
19 | | (19.5) A provision stating that construction |
20 | | contractors shall comply with the requirements of Section |
21 | | 30-22 of the Illinois Procurement Code pursuant to Section |
22 | | 100 of this Act; |
23 | | (20) Timelines, deadlines, and scheduling; |
24 | | (21) Review of plans, including development, |
25 | | financing, construction, management, or operations plans, |
26 | | by the Department; |
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1 | | (22) Inspections by the Department, including |
2 | | inspections of construction work and improvements; |
3 | | (23) Rights and remedies of the Department in the event |
4 | | that the contractor defaults or otherwise fails to comply |
5 | | with the terms of the agreement; |
6 | | (24) A code of ethics for the contractor's officers and |
7 | | employees; and |
8 | | (25) Procedures for amendment to the agreement. |
9 | | (b) The public private agreement may include any or all of |
10 | | the following: |
11 | | (1) A provision regarding the extension of the |
12 | | agreement that is consistent with Section 15 of this Act; |
13 | | (2) Cash reserves requirements; |
14 | | (3) Delivery of performance and payment bonds or other |
15 | | performance security in a form and amount that is |
16 | | satisfactory to the Department; |
17 | | (4) Maintenance of public liability insurance; |
18 | | (5) Maintenance of self-insurance; |
19 | | (6) Provisions governing grants and loans, pursuant to |
20 | | which the Department may agree to make grants or loans for |
21 | | the development, financing, construction, management, or |
22 | | operation of the Illiana Expressway project from time to |
23 | | time from amounts received from the federal government or |
24 | | any agency or instrumentality of the federal government or |
25 | | from any State or local agency; |
26 | | (7) Reimbursements to the Department for work |
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1 | | performed and goods, services, and equipment provided by |
2 | | the Department; and |
3 | | (8) All other terms, conditions, and provisions |
4 | | acceptable to the Department that the Department deems |
5 | | necessary and proper and in the public interest.
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6 | | (Source: P.A. 96-913, eff. 6-9-10.)
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7 | | (605 ILCS 130/80)
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8 | | Sec. 80. Property acquisition. The Department may acquire |
9 | | property for the Illiana Expressway project using the powers |
10 | | granted to it in the Illinois Highway Code and the Eminent |
11 | | Domain Act . The Department may not exercise the power of quick |
12 | | take in connection with the Illiana Expressway project.
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13 | | (Source: P.A. 96-913, eff. 6-9-10.)
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14 | | (605 ILCS 130/95)
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15 | | Sec. 95. Financial arrangements. |
16 | | (a) The Department may apply for, execute, or endorse |
17 | | applications submitted by contractors and other third parties |
18 | | to obtain federal, State, or local credit assistance to |
19 | | develop, finance, maintain, or operate the Illiana Expressway |
20 | | project. |
21 | | (b) The Department may take any action to obtain federal, |
22 | | State, or local assistance for the Illiana Expressway project |
23 | | that serves the public purpose of this Act and may enter into |
24 | | any contracts required to receive the federal assistance. The |
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1 | | Department may determine that it serves the public purpose of |
2 | | this Act for all or any portion of the costs of the Illiana |
3 | | Expressway project to be paid, directly or indirectly, from the |
4 | | proceeds of a grant or loan, line of credit, or loan guarantee |
5 | | made by a local, State, or federal government or any agency or |
6 | | instrumentality of a local, State, or federal government. Such |
7 | | assistance may include, but not be limited to, federal credit |
8 | | assistance pursuant to the Transportation Infrastructure |
9 | | Finance and Innovation Act (TIFIA). |
10 | | (c) The Department may agree to make grants or loans for |
11 | | the development, financing, construction, management, or |
12 | | operation of the Illiana Expressway project from time to time, |
13 | | from amounts received from the federal, State, or local |
14 | | government or any agency or instrumentality of the federal, |
15 | | State, or local government. |
16 | | (d) Any financing of the Illiana Expressway project may be |
17 | | in the amounts and subject to the terms and conditions |
18 | | contained in the public private agreement. |
19 | | (e) For the purpose of financing the Illiana Expressway |
20 | | project, the contractor and the Department may do the |
21 | | following: |
22 | | (1) propose to use any and all revenues that may be |
23 | | available to them; |
24 | | (2) enter into grant agreements; |
25 | | (3) access any other funds available to the Department; |
26 | | and |
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1 | | (4) accept grants from any public or private agency or |
2 | | entity. |
3 | | (f) For the purpose of financing the Illiana Expressway |
4 | | project, public funds may be used and mixed and aggregated with |
5 | | funds provided by or on behalf of the contractor or other |
6 | | private entities. |
7 | | (g) For the purpose of financing the Illiana Expressway |
8 | | project, the Department is authorized to apply for, execute, or |
9 | | endorse applications for an allocation of tax-exempt bond |
10 | | financing authorization provided by Section 142(m) of the |
11 | | United States Internal Revenue Code, as well as financing |
12 | | available under any other federal law or program. |
13 | | (h) Any bonds, debt, or other securities or other financing |
14 | | issued by or on behalf of a contractor for the purposes of a |
15 | | project undertaken pursuant to this Act shall not be deemed to |
16 | | constitute a debt of the State or any political subdivision of |
17 | | the State or a pledge of the faith and credit of the State or |
18 | | any political subdivision of the State.
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19 | | (Source: P.A. 96-913, eff. 6-9-10.)
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20 | | Section 10. The Eminent Domain Act is amended by changing |
21 | | Section 15-5-35 as follows:
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22 | | (735 ILCS 30/15-5-35)
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23 | | Sec. 15-5-35. Eminent domain powers in ILCS Chapters 605 |
24 | | through 625. The following provisions of law may include |
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1 | | express grants of the power to acquire property by condemnation |
2 | | or eminent domain:
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3 | | (605 ILCS 5/4-501); Illinois Highway Code; Department of |
4 | | Transportation and counties; for highway purposes.
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5 | | (605 ILCS 5/4-502); Illinois Highway Code; Department of |
6 | | Transportation; for ditches and drains.
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7 | | (605 ILCS 5/4-505); Illinois Highway Code; Department of |
8 | | Transportation; for replacement of railroad and public |
9 | | utility property taken for highway purposes.
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10 | | (605 ILCS 5/4-509); Illinois Highway Code; Department of |
11 | | Transportation; for replacement of property taken for |
12 | | highway purposes.
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13 | | (605 ILCS 5/4-510); Illinois Highway Code; Department of |
14 | | Transportation; for rights-of-way for future highway |
15 | | purposes.
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16 | | (605 ILCS 5/4-511); Illinois Highway Code; Department of |
17 | | Transportation; for relocation of structures taken for |
18 | | highway purposes.
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19 | | (605 ILCS 5/5-107); Illinois Highway Code; counties; for county |
20 | | highway relocation.
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21 | | (605 ILCS 5/5-801); Illinois Highway Code; counties; for |
22 | | highway purposes.
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23 | | (605 ILCS 5/5-802); Illinois Highway Code; counties; for |
24 | | ditches and drains.
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25 | | (605 ILCS 5/6-309); Illinois Highway Code; highway |
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1 | | commissioners or county superintendents; for township or |
2 | | road district roads.
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3 | | (605 ILCS 5/6-801); Illinois Highway Code; highway |
4 | | commissioners; for road district or township roads.
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5 | | (605 ILCS 5/6-802); Illinois Highway Code; highway |
6 | | commissioners; for ditches and drains.
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7 | | (605 ILCS 5/8-102); Illinois Highway Code; Department of |
8 | | Transportation, counties, and municipalities; for limiting |
9 | | freeway access.
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10 | | (605 ILCS 5/8-103); Illinois Highway Code; Department of |
11 | | Transportation, counties, and municipalities; for freeway |
12 | | purposes.
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13 | | (605 ILCS 5/8-106); Illinois Highway Code; Department of |
14 | | Transportation and counties; for relocation of existing |
15 | | crossings for freeway purposes.
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16 | | (605 ILCS 5/9-113); Illinois Highway Code; highway |
17 | | authorities; for utility and other uses in rights-of-ways.
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18 | | (605 ILCS 5/10-302); Illinois Highway Code; counties; for |
19 | | bridge purposes.
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20 | | (605 ILCS 5/10-602); Illinois Highway Code; municipalities; |
21 | | for ferry and bridge purposes.
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22 | | (605 ILCS 5/10-702); Illinois Highway Code; municipalities; |
23 | | for bridge purposes.
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24 | | (605 ILCS 5/10-901); Illinois Highway Code; Department of |
25 | | Transportation; for ferry property.
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26 | | (605 ILCS 10/9); Toll Highway Act; Illinois State Toll Highway |
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1 | | Authority; for toll highway purposes.
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2 | | (605 ILCS 10/9.5); Toll Highway Act; Illinois State Toll |
3 | | Highway Authority; for its authorized purposes.
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4 | | (605 ILCS 10/10); Toll Highway Act; Illinois State Toll Highway |
5 | | Authority; for property of a municipality or political |
6 | | subdivision for toll highway purposes.
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7 | | (605 ILCS 115/14); Toll Bridge Act; counties; for toll bridge |
8 | | purposes.
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9 | | (605 ILCS 115/15); Toll Bridge Act; counties; for the purpose |
10 | | of taking a toll bridge to make it a free bridge.
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11 | | (605 ILCS 130/80); Public Private Agreements for the Illiana |
12 | | Expressway Act; Department of Transportation; for the |
13 | | Illiana Expressway project. |
14 | | (610 ILCS 5/17); Railroad Incorporation Act; railroad |
15 | | corporation; for real estate for railroad purposes.
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16 | | (610 ILCS 5/18); Railroad Incorporation Act; railroad |
17 | | corporations; for materials for railways.
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18 | | (610 ILCS 5/19); Railroad Incorporation Act; railways; for land |
19 | | along highways.
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20 | | (610 ILCS 70/1); Railroad Powers Act; purchasers and lessees of |
21 | | railroad companies; for railroad purposes.
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22 | | (610 ILCS 115/2 and 115/3); Street Railroad Right of Way Act; |
23 | | street railroad companies; for street railroad purposes.
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24 | | (615 ILCS 5/19); Rivers, Lakes, and Streams Act; Department of |
25 | | Natural Resources; for land along public waters for |
26 | | pleasure, recreation, or sport purposes.
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1 | | (615 ILCS 10/7.8); Illinois Waterway Act; Department of Natural |
2 | | Resources; for waterways and appurtenances.
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3 | | (615 ILCS 15/7); Flood Control Act of 1945; Department of |
4 | | Natural Resources; for the purposes of the Act.
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5 | | (615 ILCS 30/9); Illinois and Michigan Canal Management Act; |
6 | | Department of Natural Resources; for dams, locks, and |
7 | | improvements.
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8 | | (615 ILCS 45/10); Illinois and Michigan Canal Development Act; |
9 | | Department of Natural Resources; for development and |
10 | | management of the canal.
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11 | | (620 ILCS 5/72); Illinois Aeronautics Act; Division of |
12 | | Aeronautics of the Department of Transportation; for |
13 | | airport purposes.
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14 | | (620 ILCS 5/73); Illinois Aeronautics Act; Division of |
15 | | Aeronautics of the Department of Transportation; for |
16 | | removal of airport hazards.
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17 | | (620 ILCS 5/74); Illinois Aeronautics Act; Division of |
18 | | Aeronautics of the Department of Transportation; for |
19 | | airport purposes.
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20 | | (620 ILCS 25/33); Airport Zoning Act; Division of Aeronautics |
21 | | of the Department of Transportation; for air rights.
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22 | | (620 ILCS 40/2 and 40/3); General County Airport and Landing |
23 | | Field Act; counties; for airport purposes.
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24 | | (620 ILCS 40/5); General County Airport and Landing Field Act; |
25 | | counties; for removing hazards.
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26 | | (620 ILCS 45/6 and 45/7); County Airport Law of 1943; boards of |
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1 | | directors of airports and landing fields; for airport and |
2 | | landing field purposes.
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3 | | (620 ILCS 50/22 and 50/31); County Airports Act; counties; for |
4 | | airport purposes.
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5 | | (620 ILCS 50/24); County Airports Act; counties; for removal of |
6 | | airport hazards.
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7 | | (620 ILCS 50/26); County Airports Act; counties; for |
8 | | acquisition of airport protection privileges.
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9 | | (620 ILCS 52/15); County Air Corridor Protection Act; counties; |
10 | | for airport zones.
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11 | | (620 ILCS 55/1); East St. Louis Airport Act; Department of |
12 | | Transportation; for airport in East St. Louis metropolitan |
13 | | area.
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14 | | (620 ILCS 65/15); O'Hare Modernization Act; Chicago; for the |
15 | | O'Hare modernization program, including quick-take power.
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16 | | (625 ILCS 5/2-105); Illinois Vehicle Code; Secretary of State; |
17 | | for general purposes.
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18 | | (625 ILCS 5/18c-7501); Illinois Vehicle Code; rail carriers; |
19 | | for railroad purposes, including quick-take power.
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20 | | (Source: P.A. 94-1055, eff. 1-1-07.)
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21 | | Section 99. Effective date. This Act takes effect upon |
22 | | becoming law.
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