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1 | AN ACT concerning housing.
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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 Housing Authorities Act is amended by | |||||||||||||||||||||||||
5 | changing Sections 8.2, 14, 17, and 24 as follows:
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6 | (310 ILCS 10/8.2) (from Ch. 67 1/2, par. 8.2)
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7 | Sec. 8.2. Projects; competitive bidding; arrangement with | |||||||||||||||||||||||||
8 | for-profit developer. An Authority has power to prepare, carry | |||||||||||||||||||||||||
9 | out and operate
projects; to provide for the construction, | |||||||||||||||||||||||||
10 | reconstruction, improvement,
alteration or repair of any | |||||||||||||||||||||||||
11 | project or any part thereof; to take over by
purchase, lease, | |||||||||||||||||||||||||
12 | or otherwise any project undertaken by any government;
to act | |||||||||||||||||||||||||
13 | as agent for the Federal government in connection with the
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14 | acquisition, construction, operation, or management of a | |||||||||||||||||||||||||
15 | project or any
part thereof; to arrange with any government | |||||||||||||||||||||||||
16 | within the area of
operation for the furnishing, planning, | |||||||||||||||||||||||||
17 | replanning, opening or closing
of streets, roads, roadways, | |||||||||||||||||||||||||
18 | alleys, parks, or other places of public
facilities or for the | |||||||||||||||||||||||||
19 | acquisition by any government or any agency,
instrumentality or | |||||||||||||||||||||||||
20 | subdivision thereof, of property, options or property
rights or | |||||||||||||||||||||||||
21 | for the furnishing of property or services in connection with
a | |||||||||||||||||||||||||
22 | project; to function as an agency of the city, village, | |||||||||||||||||||||||||
23 | incorporated
town or county for which it is constituted an |
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1 | Authority and to act as an
agent (when so designated) for any | ||||||
2 | government, with respect to matters
relating to housing and the | ||||||
3 | purposes of this Act, including action for
the elimination of | ||||||
4 | unsafe and unsanitary dwellings, the provision of
rental | ||||||
5 | assistance, the clearing and redevelopment of blighted or slum
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6 | areas, the assembly of improved and unimproved land for | ||||||
7 | development or
redevelopment purposes, the conservation and | ||||||
8 | rehabilitation of existing
housing, and the provision of | ||||||
9 | decent, safe and sanitary and affordable
housing | ||||||
10 | accommodations, and to utilize any and all of its powers to | ||||||
11 | assist
governments in any manner which will tend to further the | ||||||
12 | objectives of this
Act; to assist through the exercise of the | ||||||
13 | powers herein conferred any
individual, association, | ||||||
14 | corporation or organization which presents a plan
for | ||||||
15 | developing or redeveloping any property within the area of | ||||||
16 | operation of
the Authority which will tend to provide decent, | ||||||
17 | safe and sanitary and
affordable housing, or promote other uses | ||||||
18 | essential to sound community growth.
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19 | In counties having a population of less than 1,000,000, any | ||||||
20 | contract
in which State funds are used for repair, improvement | ||||||
21 | or rehabilitation
of existing improvements that involves | ||||||
22 | expenditures that meet the
requirements applicable to either | ||||||
23 | federal or State programs shall be let by
free and competitive | ||||||
24 | bidding to the lowest responsible bidder upon bond and
subject | ||||||
25 | to regulations as may be set by the Department and with the | ||||||
26 | written
approval of the Department. In the case of an emergency |
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1 | affecting the
public health or safety declared by a majority | ||||||
2 | vote of the commissioners of
the Housing Authority, contracts | ||||||
3 | may be let, to the extent necessary to
resolve an emergency, | ||||||
4 | without public advertisement or competitive bidding.
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5 | In addition to the powers conferred by this Act and other | ||||||
6 | laws concerning housing authorities, a Housing Authority in any | ||||||
7 | municipality having a population in excess of 1,000,000 shall | ||||||
8 | be authorized to participate as a partner or member of a | ||||||
9 | partnership, limited liability company, joint venture, or | ||||||
10 | other form of a business arrangement with a for-profit | ||||||
11 | developer and shall have all powers deemed necessary and | ||||||
12 | appropriate to engage in the rehabilitation and development or | ||||||
13 | ownership, or both development and ownership, of low-income and | ||||||
14 | mixed-income rental and for-sale housing as a partner or member | ||||||
15 | of a partnership, limited liability company, or joint venture. | ||||||
16 | (Source: P.A. 87-200.)
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17 | (310 ILCS 10/14) (from Ch. 67 1/2, par. 14)
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18 | Sec. 14. Approval of projects by Department. Prior to the | ||||||
19 | acquisition of title to any real property an
Authority shall | ||||||
20 | submit to the Department
data as to the location and cost of | ||||||
21 | the property, and prior to the
undertaking of any construction | ||||||
22 | or other initiation of a project an
Authority shall submit to | ||||||
23 | the Department the
proposed plans, specifications and | ||||||
24 | estimates of the costs and a
statement of the proposed methods | ||||||
25 | of financing and operating the
project. An Authority shall not |
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1 | finally acquire title to any real
estate nor undertake the | ||||||
2 | construction or operation of a project without
the approval of | ||||||
3 | the Department; provided that, if the
Department shall fail | ||||||
4 | within thirty days
after receipt thereof to state its | ||||||
5 | disapproval of the proposals or such
modifications thereof as | ||||||
6 | it may deem desirable, the proposals shall be
deemed to have | ||||||
7 | been approved as submitted. No change involving an
expenditure | ||||||
8 | of more than twenty-five hundred dollars ($2500) shall be
made | ||||||
9 | in any proposal approved by the Department
without submission | ||||||
10 | to the Department
in the manner prescribed in this Section. The | ||||||
11 | provisions of this
Section shall not apply with reference to | ||||||
12 | any project which is or is to
be financed in whole or in part by | ||||||
13 | the federal government or any agency
or instrumentality thereof | ||||||
14 | or undertaken pursuant to the additional powers conferred in | ||||||
15 | Section 8.2 upon housing authorities in any municipality having | ||||||
16 | a population in excess of 1,000,000 pursuant to this amendatory | ||||||
17 | Act of the 95th General Assembly .
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18 | (Source: P.A. 82-783.)
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19 | (310 ILCS 10/17) (from Ch. 67 1/2, par. 17)
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20 | Sec. 17. Definitions. The following terms, wherever used or | ||||||
21 | referred to in this
Act shall have the following respective | ||||||
22 | meanings, unless in any case a
different meaning clearly | ||||||
23 | appears from the context:
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24 | (a) "Authority" or "housing authority" shall mean a | ||||||
25 | municipal
corporation organized in accordance with the |
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1 | provisions of this Act for
the purposes, with the powers and | ||||||
2 | subject to the restrictions herein set
forth.
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3 | (b) "Area" or "area of operation" shall mean: (1) in the | ||||||
4 | case of an
authority which is created hereunder for a city, | ||||||
5 | village, or incorporated
town, the area within the territorial | ||||||
6 | boundaries of said city, village, or
incorporated town, and so | ||||||
7 | long as no county housing authority has
jurisdiction therein, | ||||||
8 | the area within three miles from such territorial
boundaries, | ||||||
9 | except any part of such area located within the territorial
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10 | boundaries of any other city, village, or incorporated town; | ||||||
11 | and (2) in the
case of a county shall include all of the county | ||||||
12 | except the area of any
city, village or incorporated town | ||||||
13 | located therein in which there is an
Authority. When an | ||||||
14 | authority is created for a county subsequent to the
creation of | ||||||
15 | an authority for a city, village or incorporated town within
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16 | the same county, the area of operation of the authority for | ||||||
17 | such city,
village or incorporated town shall thereafter be | ||||||
18 | limited to the territory
of such city, village or incorporated | ||||||
19 | town, but the authority for such
city, village or incorporated | ||||||
20 | town may continue to operate any project
developed in whole or | ||||||
21 | in part in an area previously a part of its area of
operation, | ||||||
22 | or may contract with the county housing authority with respect
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23 | to the sale, lease, development or administration of such | ||||||
24 | project. When an
authority is created for a city, village or | ||||||
25 | incorporated town subsequent to
the creation of a county | ||||||
26 | housing authority which previously included such
city, village |
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1 | or incorporated town within its area of operation, such
county | ||||||
2 | housing authority shall have no power to create any additional
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3 | project within the city, village or incorporated town, but any | ||||||
4 | existing
project in the city, village or incorporated town | ||||||
5 | currently owned and
operated by the county housing authority | ||||||
6 | shall remain in the ownership,
operation, custody and control | ||||||
7 | of the county housing authority.
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8 | (c) "Presiding officer" shall mean the presiding officer of | ||||||
9 | the
board of a county, or the mayor or president of a city, | ||||||
10 | village or
incorporated town, as the case may be, for which an | ||||||
11 | Authority is created
hereunder.
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12 | (d) "Commissioner" shall mean one of the members of an | ||||||
13 | Authority
appointed in accordance with the provisions of this | ||||||
14 | Act.
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15 | (e) "Government" shall include the State and Federal | ||||||
16 | governments and
the governments of any subdivisions, agency or | ||||||
17 | instrumentality,
corporate or otherwise, of either of them.
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18 | (f) "Department" shall mean the Department of Commerce and
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19 | Economic Opportunity.
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20 | (g) "Project" shall include all lands, buildings, and | ||||||
21 | improvements,
acquired, owned, leased, managed or operated by a | ||||||
22 | housing authority, and
all buildings and improvements | ||||||
23 | constructed, reconstructed or repaired by
a housing authority, | ||||||
24 | designed to provide housing accommodations and
facilities | ||||||
25 | appurtenant thereto (including community facilities and
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26 | stores) which are planned as a unit, whether or not acquired or
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1 | constructed at one time even though all or a portion of the | ||||||
2 | buildings
are not contiguous or adjacent to one another; and | ||||||
3 | the planning of
buildings and improvements, the acquisition of | ||||||
4 | property, the demolition
of existing structures, the clearing | ||||||
5 | of land, the construction,
reconstruction, and repair of | ||||||
6 | buildings or improvements and all other
work in connection | ||||||
7 | therewith. As provided in Sections 8.14 to 8.18,
inclusive, | ||||||
8 | "project" also means, for Housing Authorities for
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9 | municipalities of less than 500,000 population and for | ||||||
10 | counties, the
conservation of urban areas in accordance with an | ||||||
11 | approved conservation
plan. "Project" shall also include (1) | ||||||
12 | acquisition of (i) a slum or
blighted area or a deteriorated or | ||||||
13 | deteriorating area which is
predominantly residential in | ||||||
14 | character, or (ii) any other deteriorated
or deteriorating area | ||||||
15 | which is to be developed or redeveloped for
predominantly | ||||||
16 | residential uses, or (iii) platted urban or suburban land
which | ||||||
17 | is predominantly open and which because of obsolete platting,
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18 | diversity of ownership, deterioration of structures or of site
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19 | improvements, or otherwise substantially impairs or arrests | ||||||
20 | the sound
growth of the community and which is to be developed | ||||||
21 | for predominantly
residential uses, or (iv) open unplatted | ||||||
22 | urban or suburban land
necessary for sound community growth | ||||||
23 | which is to be developed for
predominantly residential uses, or | ||||||
24 | (v) any other area where parcels of
land remain undeveloped | ||||||
25 | because of improper platting, delinquent taxes
or special | ||||||
26 | assessments, scattered or uncertain ownerships, clouds on
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1 | title, artificial values due to excessive utility costs, or any | ||||||
2 | other
impediments to the use of such area for predominantly | ||||||
3 | residential uses;
(2) installation, construction, or | ||||||
4 | reconstruction of streets, utilities,
and other site | ||||||
5 | improvements essential to the preparation of sites for
uses in | ||||||
6 | accordance with the development or redevelopment plan; and (3)
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7 | making the land available for development or redevelopment by | ||||||
8 | private
enterprise or public agencies (including sale, initial | ||||||
9 | leasing, or
retention by the local public agency itself). If in | ||||||
10 | any city, village
or incorporated town there exists a land | ||||||
11 | clearance commission created
under the "Blighted Areas | ||||||
12 | Redevelopment Act of 1947" having the same
area of operation as | ||||||
13 | a housing authority created in and for any such
municipality | ||||||
14 | such housing authority shall have no power to acquire land
of | ||||||
15 | the character described in subparagraph (iii), (iv) or (v) of
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16 | paragraph 1 of the definition of "project" for the purpose of
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17 | development or redevelopment by private enterprise.
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18 | (h) "Community facilities" shall include lands, buildings, | ||||||
19 | and
equipment for recreation or social assembly, for education, | ||||||
20 | health or
welfare activities and other necessary utilities | ||||||
21 | primarily for use and
benefit of the occupants of housing | ||||||
22 | accommodations to be constructed,
reconstructed, repaired or | ||||||
23 | operated hereunder.
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24 | (i) "Real property" shall include lands, lands under water,
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25 | structures, and any and all easements, franchises and | ||||||
26 | incorporeal
hereditaments and estates, and rights, legal and |
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1 | equitable, including
terms for years and liens by way of | ||||||
2 | judgment, mortgage or otherwise.
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3 | (j) The term "governing body" shall include the city | ||||||
4 | council of any
city, the president and board of trustees of any | ||||||
5 | village or incorporated
town, the council of any city or | ||||||
6 | village, and the county board of any
county.
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7 | (k) The phrase "individual, association, corporation or
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8 | organization" shall include any individual, private | ||||||
9 | corporation, limited or general partnership, limited liability | ||||||
10 | company,
insurance company, housing corporation, neighborhood | ||||||
11 | redevelopment
corporation, non-profit corporation, | ||||||
12 | incorporated or unincorporated
group or association, | ||||||
13 | educational institution, hospital, or charitable
organization, | ||||||
14 | and any mutual ownership or cooperative organization.
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15 | (l) "Conservation area", for the purpose of the exercise of | ||||||
16 | the
powers granted in Sections 8.14 to 8.18, inclusive, for | ||||||
17 | housing
authorities for municipalities of less than 500,000 | ||||||
18 | population and for
counties, means an area of not less than 2 | ||||||
19 | acres in which the structures
in 50% or more of the area are | ||||||
20 | residential having an average age of 35
years or more. Such an | ||||||
21 | area is not yet a slum or blighted area as
defined in the | ||||||
22 | Blighted Areas Redevelopment Act of 1947, but such an
area by | ||||||
23 | reason of dilapidation, obsolescence, deterioration or illegal
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24 | use of individual structures, overcrowding of structures and | ||||||
25 | community
facilities, conversion of residential units into | ||||||
26 | non-residential use,
deleterious land use or layout, decline of |
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1 | physical maintenance, lack of
community planning, or any | ||||||
2 | combination of these factors may become a
slum and blighted | ||||||
3 | area.
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4 | (m) "Conservation plan" means the comprehensive program | ||||||
5 | for the
physical development and replanning of a "Conservation | ||||||
6 | Area" as defined
in paragraph (l) embodying the steps required | ||||||
7 | to prevent such
Conservation Area from becoming a slum and | ||||||
8 | blighted area.
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9 | (n) "Fair use value" means the fair cash market value of | ||||||
10 | real
property when employed for the use contemplated by a | ||||||
11 | "Conservation Plan"
in municipalities of less than 500,000 | ||||||
12 | population and in counties.
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13 | (o) "Community facilities" means, in relation to a | ||||||
14 | "Conservation
Plan", those physical plants which implement, | ||||||
15 | support and facilitate the
activities, services and interests | ||||||
16 | of education, recreation, shopping,
health, welfare, religion | ||||||
17 | and general culture.
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18 | (p) "Loan agreement" means any agreement pursuant to which | ||||||
19 | an Authority
agrees to loan the proceeds of its revenue bonds | ||||||
20 | issued with respect to a
multifamily rental housing project or | ||||||
21 | other funds of the Authority to any
person upon terms providing | ||||||
22 | for
loan repayment installments at least sufficient to pay when | ||||||
23 | due all principal
of, premium, if any, and interest on the | ||||||
24 | revenue bonds of the Authority issued
with respect to the | ||||||
25 | multifamily rental housing project, and providing for
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26 | maintenance, insurance, and
other matters as may be deemed |
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1 | desirable by the Authority.
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2 | (q) "Multifamily rental housing" means any rental project | ||||||
3 | designed for
mixed-income or low-income occupancy.
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4 | (Source: P.A. 94-793, eff. 5-19-06.)
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5 | (310 ILCS 10/24) (from Ch. 67 1/2, par. 24)
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6 | Sec. 24. Management and operation of housing projects. It | ||||||
7 | is hereby declared to be the policy of this State that each | ||||||
8 | housing
authority shall manage and operate its housing projects | ||||||
9 | in an efficient
manner so as to enable it to fix the rentals | ||||||
10 | for dwellings at the lowest
possible rates consistent with its | ||||||
11 | providing decent, safe and sanitary
and affordable dwellings, | ||||||
12 | and that no Housing Authority shall construct
or operate any | ||||||
13 | project for profit, or as a source of revenue to a city,
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14 | village, incorporated town or county. To this end an Authority | ||||||
15 | shall fix
the rentals for dwellings in its projects at no | ||||||
16 | higher rates than it shall
find to be necessary in order to | ||||||
17 | produce revenues which (together with all
other available | ||||||
18 | moneys, revenues, income and receipts of the Authority from
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19 | whatever sources derived) will be sufficient (a) to pay, as the | ||||||
20 | same
becomes due, the principal and interest on the bonds of | ||||||
21 | the Authority; (b)
to meet and provide for the cost of | ||||||
22 | maintaining and operating the projects
(including the cost of | ||||||
23 | any insurance on the projects or bonds issued
therefor) and the | ||||||
24 | administrative expenses of the Authority; (c) to create
(during | ||||||
25 | not less than the ten years immediately succeeding its issuance |
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1 | of
any bonds) a reserve sufficient to meet the large principal | ||||||
2 | and interest
payments which will be due on bonds in any 2 | ||||||
3 | consecutive years
thereafter, and to maintain a reserve; and | ||||||
4 | (d) to create a reasonable
reserve solely from any | ||||||
5 | contributions or grants to the Authority from the
federal | ||||||
6 | government, the State, or any political subdivision of the | ||||||
7 | State
for the purpose of meeting the cost of maintaining and | ||||||
8 | operating the
project and of paying the principal and interest | ||||||
9 | on its bonds.
The management of low-rent public housing | ||||||
10 | projects financed and developed
under the U.S. Housing Act of | ||||||
11 | 1937, as now or hereafter amended, shall be
in accordance with | ||||||
12 | the provisions of that Act. The provisions of this Section 24 | ||||||
13 | shall not apply to any project undertaken pursuant to the | ||||||
14 | additional powers conferred in Section 8.2 upon housing | ||||||
15 | authorities in any municipality having a population in excess | ||||||
16 | of 1,000,000 pursuant to this amendatory Act of the 95th | ||||||
17 | General Assembly.
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18 | (Source: P.A. 87-200.)
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.
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