Bill Text: IL HB3205 | 2021-2022 | 102nd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Creates the Fair Food and Retail Delivery Act. Prohibits a third-party delivery service from using the likeness, registered trademark, or intellectual property belonging to a merchant, and from taking or arranging for the pickup or delivery of an order from a merchant through the digital network, without first obtaining written consent from the merchant. Provides that an agreement subject to the Act may not include a provision that requires a merchant to indemnify a third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service for any damages or harm partially or wholly caused by or resulting from the third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service. Provides that a merchant whose likeness is used, or pickup or delivery is arranged through a third-party delivery service in violation of the Act, may bring an action in the circuit court in the county in which the merchant conducts business to recover actual damages or up to $5,000, whichever is greater. Provides that the court may, in its discretion, award punitive damages and other equitable relief it deems appropriate. Defines terms.
Spectrum: Moderate Partisan Bill (Democrat 10-2)
Status: (Passed) 2022-06-10 - Public Act . . . . . . . . . 102-1056 [HB3205 Detail]
Download: Illinois-2021-HB3205-Engrossed.html
Bill Title: Creates the Fair Food and Retail Delivery Act. Prohibits a third-party delivery service from using the likeness, registered trademark, or intellectual property belonging to a merchant, and from taking or arranging for the pickup or delivery of an order from a merchant through the digital network, without first obtaining written consent from the merchant. Provides that an agreement subject to the Act may not include a provision that requires a merchant to indemnify a third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service for any damages or harm partially or wholly caused by or resulting from the third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service. Provides that a merchant whose likeness is used, or pickup or delivery is arranged through a third-party delivery service in violation of the Act, may bring an action in the circuit court in the county in which the merchant conducts business to recover actual damages or up to $5,000, whichever is greater. Provides that the court may, in its discretion, award punitive damages and other equitable relief it deems appropriate. Defines terms.
Spectrum: Moderate Partisan Bill (Democrat 10-2)
Status: (Passed) 2022-06-10 - Public Act . . . . . . . . . 102-1056 [HB3205 Detail]
Download: Illinois-2021-HB3205-Engrossed.html
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1 | AN ACT concerning business.
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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 1. Short title. This Act may be cited as the | ||||||
5 | Uniform Electronic Transactions Act.
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6 | Section 2. Definitions. In this Act: | ||||||
7 | (1) "Agreement" means the bargain of the parties in fact, | ||||||
8 | as found in their language or inferred from other | ||||||
9 | circumstances and from rules, regulations, and procedures | ||||||
10 | given the effect of agreements under laws otherwise applicable | ||||||
11 | to a particular transaction. | ||||||
12 | (2) "Automated transaction" means a transaction conducted | ||||||
13 | or performed, in whole or in part, by electronic means or | ||||||
14 | electronic records, in which the acts or records of one or both | ||||||
15 | parties are not reviewed by an individual in the ordinary | ||||||
16 | course in forming a contract, performing under an existing | ||||||
17 | contract, or fulfilling an obligation required by the | ||||||
18 | transaction. | ||||||
19 | (3) "Computer program" means a set of statements or | ||||||
20 | instructions to be used directly or indirectly in an | ||||||
21 | information processing system in order to bring about a | ||||||
22 | certain result. | ||||||
23 | (4) "Contract" means the total legal obligation resulting |
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1 | from the parties'
agreement as affected by this Act and other | ||||||
2 | applicable law.
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3 | (5) "Electronic" means relating to technology having | ||||||
4 | electrical, digital, magnetic, wireless, optical, | ||||||
5 | electromagnetic, or similar capabilities. | ||||||
6 | (6) "Electronic agent" means a computer program or an | ||||||
7 | electronic or other automated means used independently to | ||||||
8 | initiate an action or respond to electronic records or | ||||||
9 | performances in whole or in part, without review or action by | ||||||
10 | an individual. | ||||||
11 | (7) "Electronic record" means a record created, generated, | ||||||
12 | sent, communicated, received, or stored by electronic means. | ||||||
13 | (8) "Electronic signature" means an electronic sound, | ||||||
14 | symbol, or process attached to or logically associated with a | ||||||
15 | record and executed or adopted by a person with the intent to | ||||||
16 | sign the record. | ||||||
17 | (9) "Governmental agency" means and includes all officers, | ||||||
18 | boards, commissions, courts, and agencies created by the | ||||||
19 | Illinois Constitution, whether in the executive, legislative | ||||||
20 | or judicial branch, all officers, departments, boards, | ||||||
21 | commissions, agencies, institutions, authorities, | ||||||
22 | universities, bodies politic and corporate of the State other | ||||||
23 | than the Office of the Secretary of State; and administrative | ||||||
24 | units or corporate outgrowths of the State government which | ||||||
25 | are created by or pursuant to statute, other than units of | ||||||
26 | local government and their officers, school districts and |
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1 | boards of election commissioners; all administrative units and | ||||||
2 | corporate outgrowths of the above and as may be created by | ||||||
3 | executive order of the Governor. | ||||||
4 | (10) "Information" means data, text, images, sounds, | ||||||
5 | codes, computer programs, software, databases, or the like. | ||||||
6 | (11) "Information processing system" means an electronic | ||||||
7 | system for creating, generating, sending, receiving, storing, | ||||||
8 | displaying, or processing information. | ||||||
9 | (12) "Person" means an individual, corporation, business | ||||||
10 | trust, estate, trust, partnership, limited liability company, | ||||||
11 | association, joint venture, governmental agency, public | ||||||
12 | corporation, or any other legal or commercial entity. | ||||||
13 | (13) "Record" means information that is inscribed on a | ||||||
14 | tangible medium or that is stored in an electronic or other | ||||||
15 | medium and is retrievable in perceivable form. | ||||||
16 | (14) "Security procedure" means a procedure employed for | ||||||
17 | the purpose of verifying that an electronic signature, record, | ||||||
18 | or performance is that of a specific person or for detecting | ||||||
19 | changes or errors in the information in an electronic record. | ||||||
20 | The term includes a procedure that requires the use of | ||||||
21 | algorithms or other codes, identifying words or numbers, | ||||||
22 | encryption, or callback or other acknowledgment procedures. | ||||||
23 | (15) "State" means a State of the United States, the | ||||||
24 | District of Columbia, Puerto Rico, the United States Virgin | ||||||
25 | Islands, or any territory or insular possession subject to the | ||||||
26 | jurisdiction of the United States. The term includes an Indian |
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1 | tribe or band, or Alaskan native village, which is recognized | ||||||
2 | by federal law or formally acknowledged by a State. | ||||||
3 | (16) "Transaction" means an action or set of actions | ||||||
4 | occurring between two or more persons relating to the conduct | ||||||
5 | of business, commercial, or governmental affairs.
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6 | Section 3. Scope. | ||||||
7 | (a) Except as otherwise provided in subsection (b), this | ||||||
8 | Act applies to electronic records and electronic signatures | ||||||
9 | relating to a transaction. | ||||||
10 | (b) This Act does not apply to a transaction to the extent | ||||||
11 | it is governed by:
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12 | (1) a law governing the creation and execution of | ||||||
13 | wills, codicils, or testamentary trusts; | ||||||
14 | (2) The Uniform Commercial Code other than Sections | ||||||
15 | 1-107 and 1-206, Article 2, and Article 2A. | ||||||
16 | (c) This Act applies to an electronic record or electronic | ||||||
17 | signature otherwise excluded from the application of this Act | ||||||
18 | under subsection (b) to the extent it is governed by a law | ||||||
19 | other than those specified in subsection (b). | ||||||
20 | (d) A transaction subject to this Act is also subject to | ||||||
21 | other applicable substantive law.
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22 | Section 4. Prospective application. This Act applies to | ||||||
23 | any electronic record or electronic signature created, | ||||||
24 | generated, sent, communicated, received, or stored on or after |
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1 | the effective date of this Act.
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2 | Section 5. Use of electronic records and electronic
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3 | signatures; variation by agreement.
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4 | (a) This Act does not require a record or signature to be | ||||||
5 | created, generated, sent, communicated, received, stored, or | ||||||
6 | otherwise processed or used by electronic means or in | ||||||
7 | electronic form. | ||||||
8 | (b) This Act applies only to transactions between parties | ||||||
9 | each of which has agreed to conduct transactions by electronic | ||||||
10 | means. Whether the parties agree to conduct a transaction by | ||||||
11 | electronic means is determined from the context and | ||||||
12 | surrounding circumstances, including the parties' conduct. | ||||||
13 | (c) A party that agrees to conduct a transaction by | ||||||
14 | electronic means may refuse to conduct other transactions by | ||||||
15 | electronic means. The right granted by this subsection may not | ||||||
16 | be waived by agreement. | ||||||
17 | (d) Except as otherwise provided in this Act, the effect | ||||||
18 | of any of its provisions may be varied by agreement. The | ||||||
19 | presence in certain provisions of this Act of the words | ||||||
20 | "unless otherwise agreed", or words of similar import, does | ||||||
21 | not imply that the effect of other provisions may not be varied | ||||||
22 | by agreement. | ||||||
23 | (e) Whether an electronic record or electronic signature | ||||||
24 | has legal consequences is determined by this Act and other | ||||||
25 | applicable law.
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1 | Section 6. Construction and application. This Act must
be | ||||||
2 | construed and applied:
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3 | (1) to facilitate electronic transactions consistent | ||||||
4 | with other applicable law; | ||||||
5 | (2) to be consistent with reasonable practices | ||||||
6 | concerning electronic transactions and with the continued | ||||||
7 | expansion of those practices; and | ||||||
8 | (3) to effectuate its general purpose to make uniform | ||||||
9 | the law with respect to the subject of this Act among | ||||||
10 | States enacting it.
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11 | Section 7. Legal recognition of electronic records,
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12 | electronic signatures, and electronic contracts.
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13 | (a) A record or signature may not be denied legal effect or | ||||||
14 | enforceability solely because it is in electronic form. | ||||||
15 | (b) A contract may not be denied legal effect or | ||||||
16 | enforceability solely because an electronic record was used in | ||||||
17 | its formation. | ||||||
18 | (c) If a law requires a record to be in writing, an | ||||||
19 | electronic record satisfies the law. | ||||||
20 | (d) If a law requires a signature, an electronic signature | ||||||
21 | satisfies the law.
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22 | Section 8. Provision of information in writing;
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23 | presentation of records.
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1 | (a) If parties have agreed to conduct a transaction by | ||||||
2 | electronic means and a law requires a person to provide, send, | ||||||
3 | or deliver information in writing to another person, the | ||||||
4 | requirement is satisfied if the information is provided, sent, | ||||||
5 | or delivered, as the case may be, in an electronic record | ||||||
6 | capable of retention by the recipient at the time of receipt. | ||||||
7 | An electronic record is not capable of retention by the | ||||||
8 | recipient if the sender or its information processing system | ||||||
9 | inhibits the ability of the recipient to print or store the | ||||||
10 | electronic record. | ||||||
11 | (b) If a law other than this Act requires a record (i) to | ||||||
12 | be posted or displayed in a certain manner, (ii) to be sent, | ||||||
13 | communicated, or transmitted by a specified method, or (iii) | ||||||
14 | to contain information that is formatted in a certain manner, | ||||||
15 | the following rules apply: | ||||||
16 | (1) The record must be posted or displayed in the | ||||||
17 | manner specified in the other law. | ||||||
18 | (2) Except as otherwise provided in subsection (d)(2), | ||||||
19 | the record must be sent, communicated, or transmitted by | ||||||
20 | the method specified in the other law. | ||||||
21 | (3) The record shall contain the information formatted | ||||||
22 | in the manner specified in the other law.
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23 | (c) If a sender inhibits the ability of a recipient to | ||||||
24 | store or print an electronic record, the electronic record is | ||||||
25 | not enforceable against the recipient. | ||||||
26 | (d) The requirements of this Section may not be varied by |
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1 | agreement, but: | ||||||
2 | (1) to the extent a law other than this Act requires | ||||||
3 | information to be provided, sent, or delivered in writing | ||||||
4 | but permits that requirement to be varied by agreement, | ||||||
5 | the requirement under subsection (a) that the information | ||||||
6 | be in the form of an electronic record capable of | ||||||
7 | retention may also be varied by agreement; and | ||||||
8 | (2) a requirement under a law other than this Act to | ||||||
9 | send, communicate, or transmit a record by first-class | ||||||
10 | mail may be varied by agreement to the extent permitted by | ||||||
11 | the other law.
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12 | Section 9. Attribution and effect of electronic
record and | ||||||
13 | electronic signature.
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14 | (a) An electronic record or electronic signature is | ||||||
15 | attributable to a person if it was the act of the person. The | ||||||
16 | act of the person may be shown in any manner, including a | ||||||
17 | showing of the efficacy of any security procedure applied to | ||||||
18 | determine the person to which the electronic record or | ||||||
19 | electronic signature was attributable. | ||||||
20 | (b) The effect of an electronic record or electronic | ||||||
21 | signature attributed to a person under subsection (a) shall be | ||||||
22 | determined from the context and surrounding circumstances at | ||||||
23 | the time of its creation, execution, or adoption, including | ||||||
24 | the parties' agreement, if any, and otherwise as provided by | ||||||
25 | law.
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1 | Section 10. Effect of change or error. If a change or error | ||||||
2 | in an electronic record occurs in a transmission between | ||||||
3 | parties to a transaction, the following rules apply: | ||||||
4 | (1) If the parties have agreed to use a security | ||||||
5 | procedure to detect changes or errors and one party has | ||||||
6 | conformed to the procedure, but the other party has not, | ||||||
7 | and the nonconforming party would have detected the change | ||||||
8 | or error had that party also conformed, the conforming | ||||||
9 | party may avoid the effect of the changed or erroneous | ||||||
10 | electronic record.
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11 | (2) In an automated transaction involving an | ||||||
12 | individual, the individual may avoid the effect of an | ||||||
13 | electronic record that resulted from an error made by the | ||||||
14 | individual in dealing with the electronic agent of another | ||||||
15 | person if the electronic agent did not provide an | ||||||
16 | opportunity for the prevention or correction of the error | ||||||
17 | and, at the time the individual learns of the error, the | ||||||
18 | individual: | ||||||
19 | (A) promptly notifies the other person of the | ||||||
20 | error and that the individual did not intend to be | ||||||
21 | bound by the electronic record received by the other | ||||||
22 | person; | ||||||
23 | (B) takes reasonable steps, including steps that | ||||||
24 | conform to the other person's reasonable instructions, | ||||||
25 | to return to the other person or, if instructed by the |
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1 | other person, to destroy the consideration received, | ||||||
2 | if any, as a result of the erroneous electronic | ||||||
3 | record; and | ||||||
4 | (C) has not used or received any benefit or value | ||||||
5 | from the consideration, if any, received from the | ||||||
6 | other person.
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7 | (3) If neither paragraph (1) nor paragraph (2) | ||||||
8 | applies, the change or error has the effect provided by | ||||||
9 | other law, including the law of mistake, and the parties' | ||||||
10 | contract, if any. | ||||||
11 | (4) Paragraphs (2) and (3) may not be varied by | ||||||
12 | agreement.
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13 | Section 11. Notarization and acknowledgment. If a law | ||||||
14 | requires a signature or record to be notarized, acknowledged, | ||||||
15 | verified, or made under oath, the requirement is satisfied if | ||||||
16 | the electronic signature of the person authorized to perform | ||||||
17 | those acts, together with all other information required to be | ||||||
18 | included by other applicable law, is attached to or logically | ||||||
19 | associated with the signature or record.
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20 | Section 12. Retention of electronic records;
originals.
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21 | (a) If a law requires that a record be retained, the | ||||||
22 | requirement is satisfied by retaining an electronic record of | ||||||
23 | the information in the record which: | ||||||
24 | (1) accurately reflects the information set forth in |
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1 | the record after it was first generated in its final form | ||||||
2 | as an electronic record or otherwise; and | ||||||
3 | (2) remains accessible for later reference.
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4 | (b) A requirement to retain a record in accordance with | ||||||
5 | subsection (a) does not apply to any information the sole | ||||||
6 | purpose of which is to enable the record to be sent, | ||||||
7 | communicated, or received. | ||||||
8 | (c) A person may satisfy subsection (a) by using the | ||||||
9 | services of another person if the requirements of that | ||||||
10 | subsection are satisfied. | ||||||
11 | (d) If a law requires a record to be presented or retained | ||||||
12 | in its original form, or provides consequences if the record | ||||||
13 | is not presented or retained in its original form, that law is | ||||||
14 | satisfied by an electronic record retained in accordance with | ||||||
15 | subsection (a).
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16 | (e) If a law requires retention of a check, that | ||||||
17 | requirement is satisfied by retention of an electronic record | ||||||
18 | of the information on the front and back of the check in | ||||||
19 | accordance with subsection (a). | ||||||
20 | (f) A record retained as an electronic record in | ||||||
21 | accordance with subsection
(a) satisfies a law requiring a | ||||||
22 | person to retain a record for evidentiary, audit, or like | ||||||
23 | purposes, unless a law enacted after the effective date of | ||||||
24 | this Act specifically prohibits the use of an electronic | ||||||
25 | record for the specified purpose. | ||||||
26 | (g) This Section does not preclude a governmental agency |
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1 | of this State from specifying additional requirements for the | ||||||
2 | retention of a record subject to the agency's jurisdiction.
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3 | Section 13. Admissibility in evidence. In a proceeding, | ||||||
4 | evidence of a record or signature may not be excluded solely | ||||||
5 | because it is in electronic form.
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6 | Section 14. Automated transaction. | ||||||
7 | (a) In an automated transaction, the following rules | ||||||
8 | apply: | ||||||
9 | (1) A contract may be formed by the interaction of | ||||||
10 | electronic agents of the parties, even if no individual | ||||||
11 | was aware of or reviewed the electronic agents' actions or | ||||||
12 | the resulting terms and agreements. | ||||||
13 | (2) A contract may be formed by the interaction of an | ||||||
14 | electronic agent and an individual, acting on the | ||||||
15 | individual's own behalf or for another person, including | ||||||
16 | by an interaction in which the individual performs actions | ||||||
17 | that the individual is free to refuse to perform and which | ||||||
18 | the individual knows or has reason to know will cause the | ||||||
19 | electronic agent to complete the transaction or | ||||||
20 | performance. | ||||||
21 | (3) The terms of the contract are determined by the | ||||||
22 | substantive law applicable to it.
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23 | Section 15. Time and place of sending and receipt. |
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1 | (a) Unless otherwise agreed between the sender and the | ||||||
2 | recipient, an electronic record is sent when it: | ||||||
3 | (1) is addressed properly or otherwise directed | ||||||
4 | properly to an information processing system that the | ||||||
5 | recipient has designated or uses for the purpose of | ||||||
6 | receiving electronic records or information of the type | ||||||
7 | sent and from which the recipient is able to retrieve the | ||||||
8 | electronic record; | ||||||
9 | (2) is in a form capable of being processed by that | ||||||
10 | system; and | ||||||
11 | (3) enters an information processing system outside | ||||||
12 | the control of the sender or of a person that sent the | ||||||
13 | electronic record on behalf of the sender or enters a | ||||||
14 | region of the information processing system designated or | ||||||
15 | used by the recipient which is under the control of the | ||||||
16 | recipient. | ||||||
17 | (b) Unless otherwise agreed between a sender and the | ||||||
18 | recipient, an
electronic record is received when:
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19 | (1) it enters an information processing system that | ||||||
20 | the recipient has designated or uses for the purpose of | ||||||
21 | receiving electronic records or information of the type | ||||||
22 | sent and from which the recipient is able to retrieve the | ||||||
23 | electronic record; and | ||||||
24 | (2) it is in a form capable of being processed by that | ||||||
25 | system. | ||||||
26 | (c) Subsection (b) applies even if the place the |
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1 | information processing system is located is different from the | ||||||
2 | place the electronic record is deemed to be received under | ||||||
3 | subsection (d). | ||||||
4 | (d) Unless otherwise expressly provided in the electronic | ||||||
5 | record or agreed between the sender and the recipient, an | ||||||
6 | electronic record is deemed to be sent from the sender's place | ||||||
7 | of business and to be received at the recipient's place of | ||||||
8 | business. For purposes of this subsection, the following rules | ||||||
9 | apply: | ||||||
10 | (1) If the sender or recipient has more than one place | ||||||
11 | of business, the place of business of that person is the | ||||||
12 | place having the closest relationship to the underlying | ||||||
13 | transaction. | ||||||
14 | (2) If the sender or the recipient does not have a | ||||||
15 | place of business, the place of business is the sender's | ||||||
16 | or recipient's residence, as the case may be. | ||||||
17 | (e) An electronic record is received under subsection (b) | ||||||
18 | even if no individual is aware of its receipt. | ||||||
19 | (f) Receipt of an electronic acknowledgment from an | ||||||
20 | information processing system described in subsection (b) | ||||||
21 | establishes that a record was received but, by itself, does | ||||||
22 | not establish that the content sent corresponds to the content | ||||||
23 | received. | ||||||
24 | (g) If a person is aware that an electronic record | ||||||
25 | purportedly sent under subsection (a), or purportedly received | ||||||
26 | under subsection (b), was not actually sent or received, the |
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1 | legal effect of the sending or receipt is determined by other | ||||||
2 | applicable law. Except to the extent permitted by the other | ||||||
3 | law, the requirements of this subsection may not be varied by | ||||||
4 | agreement.
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5 | Section 16. Transferable records. | ||||||
6 | (a) In this Section, "transferable record" means an | ||||||
7 | electronic record that: | ||||||
8 | (1) would be a note under Article 3 of the Uniform | ||||||
9 | Commercial Code or a document under Article 7 of the | ||||||
10 | Uniform Commercial Code if the electronic record were in | ||||||
11 | writing; and | ||||||
12 | (2) the issuer of the electronic record expressly has | ||||||
13 | agreed is a transferable record. | ||||||
14 | (b) A person has control of a transferable record if a | ||||||
15 | system employed for evidencing the transfer of interests in | ||||||
16 | the transferable record reliably establishes that person as | ||||||
17 | the person to which the transferable record was issued or | ||||||
18 | transferred.
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19 | (c) A system satisfies subsection (b), and a person is | ||||||
20 | deemed to have control of a transferable record, if the | ||||||
21 | transferable record is created, stored, and assigned in such a | ||||||
22 | manner that: | ||||||
23 | (1) a single authoritative copy of the transferable | ||||||
24 | record exists which is unique, identifiable, and, except | ||||||
25 | as otherwise provided in paragraphs (4), (5), and
(6), |
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1 | unalterable; | ||||||
2 | (2) the authoritative copy identifies the person | ||||||
3 | asserting control as:
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4 | (A) the person to which the transferable record | ||||||
5 | was issued; or | ||||||
6 | (B) if the authoritative copy indicates that the | ||||||
7 | transferable record has been transferred, the person | ||||||
8 | to which the transferable record was most recently | ||||||
9 | transferred;
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10 | (3) the authoritative copy is communicated to and | ||||||
11 | maintained by the person asserting control or its | ||||||
12 | designated custodian; | ||||||
13 | (4) copies or revisions that add or change an | ||||||
14 | identified assignee of the authoritative copy can be made | ||||||
15 | only with the consent of the person asserting control; | ||||||
16 | (5) each copy of the authoritative copy and any copy | ||||||
17 | of a copy is readily identifiable as a copy that is not the | ||||||
18 | authoritative copy; and | ||||||
19 | (6) any revision of the authoritative copy is readily | ||||||
20 | identifiable as authorized or unauthorized. | ||||||
21 | (d) Except as otherwise agreed, a person having control of | ||||||
22 | a transferable record is the holder, as defined in Section | ||||||
23 | 1-201(20) of the Uniform Commercial Code, of the transferable | ||||||
24 | record and has the same rights and defenses as a holder of an | ||||||
25 | equivalent record or writing under the Uniform Commercial | ||||||
26 | Code, including, if the applicable statutory requirements |
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1 | under Section 3-302(a), 7-501, or 9-308 of the Uniform | ||||||
2 | Commercial Code are satisfied, the rights and defenses of a | ||||||
3 | holder in due course, a holder to which a negotiable document | ||||||
4 | of title has been duly
negotiated, or a purchaser, | ||||||
5 | respectively. Delivery, possession, and indorsement are not | ||||||
6 | required to obtain or exercise any of the rights under this | ||||||
7 | subsection. | ||||||
8 | (e) Except as otherwise agreed, an obligor under a | ||||||
9 | transferable record has the same rights and defenses as an | ||||||
10 | equivalent obligor under equivalent records or writings under | ||||||
11 | the Uniform Commercial Code. | ||||||
12 | (f) If requested by a person against which enforcement is | ||||||
13 | sought, the person seeking to enforce the transferable record | ||||||
14 | shall provide reasonable proof that the person is in control | ||||||
15 | of the transferable record. Proof may include access to the | ||||||
16 | authoritative copy of the transferable record and related | ||||||
17 | business records sufficient to review the terms of the | ||||||
18 | transferable record and to establish the identity of the | ||||||
19 | person having control of the transferable record.
| ||||||
20 | Section 17. Creation and retention of electronic
records | ||||||
21 | and conversion of written records by
Governmental agencies. | ||||||
22 | Each governmental agency of this State shall determine | ||||||
23 | whether, and the extent to which, it will create and retain | ||||||
24 | electronic records and convert written records to electronic | ||||||
25 | records.
|
| |||||||
| |||||||
1 | Section 18. Acceptance and distribution of
electronic | ||||||
2 | records by governmental agencies.
| ||||||
3 | (a) Except as otherwise provided in Section 12(f), each | ||||||
4 | governmental agency of this State shall determine whether, and | ||||||
5 | the extent to which, it will send and accept electronic | ||||||
6 | records and electronic signatures to and from other persons | ||||||
7 | and otherwise create, generate, communicate, store, process, | ||||||
8 | use, and rely upon electronic records and electronic | ||||||
9 | signatures. | ||||||
10 | (b) To the extent that a governmental agency uses | ||||||
11 | electronic records and electronic signatures under subsection | ||||||
12 | (a), the Department of Innovation and Technology and the | ||||||
13 | Secretary of State, pursuant to their rulemaking authority | ||||||
14 | under other law and giving due consideration to security, may | ||||||
15 | specify: | ||||||
16 | (1) the manner and format in which the electronic | ||||||
17 | records must be created, generated, sent, communicated, | ||||||
18 | received, and stored and the systems established for those | ||||||
19 | purposes; | ||||||
20 | (2) if electronic records must be signed by electronic | ||||||
21 | means, the type of electronic signature required, the | ||||||
22 | manner and format in which the electronic signature must | ||||||
23 | be affixed to the electronic record, and the identity of, | ||||||
24 | or criteria that must be met by, any third party used by a | ||||||
25 | person filing a document to facilitate the process; |
| |||||||
| |||||||
1 | (3) control processes and procedures as appropriate to | ||||||
2 | ensure adequate preservation, disposition, integrity, | ||||||
3 | security, confidentiality, and auditability of electronic | ||||||
4 | records; and | ||||||
5 | (4) any other required attributes for electronic | ||||||
6 | records which are specified for corresponding | ||||||
7 | nonelectronic records or reasonably necessary under the | ||||||
8 | circumstances. | ||||||
9 | (c) Except as otherwise provided in Section 12(f), this | ||||||
10 | Act does not require a governmental agency of this State to use | ||||||
11 | or permit the use of electronic records or electronic | ||||||
12 | signatures.
| ||||||
13 | Section 19. Interoperability. The Department of Innovation | ||||||
14 | and Technology may encourage and promote consistency and | ||||||
15 | interoperability with similar requirements adopted by other | ||||||
16 | governmental agencies of this and other States and the federal | ||||||
17 | government and nongovernmental persons interacting with | ||||||
18 | governmental agencies of this State. If appropriate, those | ||||||
19 | standards may specify differing levels of standards from which | ||||||
20 | governmental agencies of this State may choose in implementing | ||||||
21 | the most appropriate standard for a particular application.
| ||||||
22 | Section 20. Severability clause. If any provision of this | ||||||
23 | Act or its application to any person or circumstance is held | ||||||
24 | invalid, the invalidity does not affect other provisions or |
| |||||||
| |||||||
1 | applications of this Act which can be given effect without the | ||||||
2 | invalid provision or application, and to this end the | ||||||
3 | provisions of this Act are severable.
| ||||||
4 | Section 20.5. Exemption to preemption by federal | ||||||
5 | electronic signatures Act. This Act modifies, limits, or | ||||||
6 | supersedes the provisions of the Electronic Signatures in | ||||||
7 | Global and National Commerce Act (15 U.S.C. Section 7001 et | ||||||
8 | seq.) as authorized by Section 102 of that Act (15 U.S.C. | ||||||
9 | Section 7002).
| ||||||
10 | Section 20.70. The Statute on Statutes is amended by | ||||||
11 | changing Section 1.15 as follows:
| ||||||
12 | (5 ILCS 70/1.15) (from Ch. 1, par. 1016)
| ||||||
13 | Sec. 1.15.
"Written" and "in writing" may include | ||||||
14 | printing, electronic,
and any other mode of representing
words | ||||||
15 | and letters; but when the written signature of any person is | ||||||
16 | required by
law
on any official or public writing or bond, | ||||||
17 | required by law, it shall be
(1) the proper handwriting of such | ||||||
18 | person or, in case he is unable
to write, his proper mark or | ||||||
19 | (2) an electronic signature as defined in the Uniform | ||||||
20 | Electronic Transactions Act
Electronic Commerce Security Act, | ||||||
21 | except as otherwise provided by law.
| ||||||
22 | (Source: P.A. 90-759, eff. 7-1-99.)
|
| |||||||
| |||||||
1 | Section 20.71. The Freedom of Information Act is amended | ||||||
2 | by changing Section 7 as follows:
| ||||||
3 | (5 ILCS 140/7) (from Ch. 116, par. 207) | ||||||
4 | Sec. 7. Exemptions.
| ||||||
5 | (1) When a request is made to inspect or copy a public | ||||||
6 | record that contains information that is exempt from | ||||||
7 | disclosure under this Section, but also contains information | ||||||
8 | that is not exempt from disclosure, the public body may elect | ||||||
9 | to redact the information that is exempt. The public body | ||||||
10 | shall make the remaining information available for inspection | ||||||
11 | and copying. Subject to this requirement, the following shall | ||||||
12 | be exempt from inspection and copying:
| ||||||
13 | (a) Information specifically prohibited from | ||||||
14 | disclosure by federal or
State law or rules and | ||||||
15 | regulations implementing federal or State law.
| ||||||
16 | (b) Private information, unless disclosure is required | ||||||
17 | by another provision of this Act, a State or federal law or | ||||||
18 | a court order. | ||||||
19 | (b-5) Files, documents, and other data or databases | ||||||
20 | maintained by one or more law enforcement agencies and | ||||||
21 | specifically designed to provide information to one or | ||||||
22 | more law enforcement agencies regarding the physical or | ||||||
23 | mental status of one or more individual subjects. | ||||||
24 | (c) Personal information contained within public | ||||||
25 | records, the disclosure of which would constitute a |
| |||||||
| |||||||
1 | clearly
unwarranted invasion of personal privacy, unless | ||||||
2 | the disclosure is
consented to in writing by the | ||||||
3 | individual subjects of the information. "Unwarranted | ||||||
4 | invasion of personal privacy" means the disclosure of | ||||||
5 | information that is highly personal or objectionable to a | ||||||
6 | reasonable person and in which the subject's right to | ||||||
7 | privacy outweighs any legitimate public interest in | ||||||
8 | obtaining the information. The
disclosure of information | ||||||
9 | that bears on the public duties of public
employees and | ||||||
10 | officials shall not be considered an invasion of personal
| ||||||
11 | privacy.
| ||||||
12 | (d) Records in the possession of any public body | ||||||
13 | created in the course of administrative enforcement
| ||||||
14 | proceedings, and any law enforcement or correctional | ||||||
15 | agency for
law enforcement purposes,
but only to the | ||||||
16 | extent that disclosure would:
| ||||||
17 | (i) interfere with pending or actually and | ||||||
18 | reasonably contemplated
law enforcement proceedings | ||||||
19 | conducted by any law enforcement or correctional
| ||||||
20 | agency that is the recipient of the request;
| ||||||
21 | (ii) interfere with active administrative | ||||||
22 | enforcement proceedings
conducted by the public body | ||||||
23 | that is the recipient of the request;
| ||||||
24 | (iii) create a substantial likelihood that a | ||||||
25 | person will be deprived of a fair trial or an impartial | ||||||
26 | hearing;
|
| |||||||
| |||||||
1 | (iv) unavoidably disclose the identity of a | ||||||
2 | confidential source, confidential information | ||||||
3 | furnished only by the confidential source, or persons | ||||||
4 | who file complaints with or provide information to | ||||||
5 | administrative, investigative, law enforcement, or | ||||||
6 | penal agencies; except that the identities of | ||||||
7 | witnesses to traffic accidents, traffic accident | ||||||
8 | reports, and rescue reports shall be provided by | ||||||
9 | agencies of local government, except when disclosure | ||||||
10 | would interfere with an active criminal investigation | ||||||
11 | conducted by the agency that is the recipient of the | ||||||
12 | request;
| ||||||
13 | (v) disclose unique or specialized investigative | ||||||
14 | techniques other than
those generally used and known | ||||||
15 | or disclose internal documents of
correctional | ||||||
16 | agencies related to detection, observation or | ||||||
17 | investigation of
incidents of crime or misconduct, and | ||||||
18 | disclosure would result in demonstrable harm to the | ||||||
19 | agency or public body that is the recipient of the | ||||||
20 | request;
| ||||||
21 | (vi) endanger the life or physical safety of law | ||||||
22 | enforcement personnel
or any other person; or
| ||||||
23 | (vii) obstruct an ongoing criminal investigation | ||||||
24 | by the agency that is the recipient of the request.
| ||||||
25 | (d-5) A law enforcement record created for law | ||||||
26 | enforcement purposes and contained in a shared electronic |
| |||||||
| |||||||
1 | record management system if the law enforcement agency | ||||||
2 | that is the recipient of the request did not create the | ||||||
3 | record, did not participate in or have a role in any of the | ||||||
4 | events which are the subject of the record, and only has | ||||||
5 | access to the record through the shared electronic record | ||||||
6 | management system. | ||||||
7 | (e) Records that relate to or affect the security of | ||||||
8 | correctional
institutions and detention facilities.
| ||||||
9 | (e-5) Records requested by persons committed to the | ||||||
10 | Department of Corrections, Department of Human Services | ||||||
11 | Division of Mental Health, or a county jail if those | ||||||
12 | materials are available in the library of the correctional | ||||||
13 | institution or facility or jail where the inmate is | ||||||
14 | confined. | ||||||
15 | (e-6) Records requested by persons committed to the | ||||||
16 | Department of Corrections, Department of Human Services | ||||||
17 | Division of Mental Health, or a county jail if those | ||||||
18 | materials include records from staff members' personnel | ||||||
19 | files, staff rosters, or other staffing assignment | ||||||
20 | information. | ||||||
21 | (e-7) Records requested by persons committed to the | ||||||
22 | Department of Corrections or Department of Human Services | ||||||
23 | Division of Mental Health if those materials are available | ||||||
24 | through an administrative request to the Department of | ||||||
25 | Corrections or Department of Human Services Division of | ||||||
26 | Mental Health. |
| |||||||
| |||||||
1 | (e-8) Records requested by a person committed to the | ||||||
2 | Department of Corrections, Department of Human Services | ||||||
3 | Division of Mental Health, or a county jail, the | ||||||
4 | disclosure of which would result in the risk of harm to any | ||||||
5 | person or the risk of an escape from a jail or correctional | ||||||
6 | institution or facility. | ||||||
7 | (e-9) Records requested by a person in a county jail | ||||||
8 | or committed to the Department of Corrections or | ||||||
9 | Department of Human Services Division of Mental Health, | ||||||
10 | containing personal information pertaining to the person's | ||||||
11 | victim or the victim's family, including, but not limited | ||||||
12 | to, a victim's home address, home telephone number, work | ||||||
13 | or school address, work telephone number, social security | ||||||
14 | number, or any other identifying information, except as | ||||||
15 | may be relevant to a requester's current or potential case | ||||||
16 | or claim. | ||||||
17 | (e-10) Law enforcement records of other persons | ||||||
18 | requested by a person committed to the Department of | ||||||
19 | Corrections, Department of Human Services Division of | ||||||
20 | Mental Health, or a county jail, including, but not | ||||||
21 | limited to, arrest and booking records, mug shots, and | ||||||
22 | crime scene photographs, except as these records may be | ||||||
23 | relevant to the requester's current or potential case or | ||||||
24 | claim. | ||||||
25 | (f) Preliminary drafts, notes, recommendations, | ||||||
26 | memoranda and other
records in which opinions are |
| |||||||
| |||||||
1 | expressed, or policies or actions are
formulated, except | ||||||
2 | that a specific record or relevant portion of a
record | ||||||
3 | shall not be exempt when the record is publicly cited
and | ||||||
4 | identified by the head of the public body. The exemption | ||||||
5 | provided in
this paragraph (f) extends to all those | ||||||
6 | records of officers and agencies
of the General Assembly | ||||||
7 | that pertain to the preparation of legislative
documents.
| ||||||
8 | (g) Trade secrets and commercial or financial | ||||||
9 | information obtained from
a person or business where the | ||||||
10 | trade secrets or commercial or financial information are | ||||||
11 | furnished under a claim that they are
proprietary, | ||||||
12 | privileged , or confidential, and that disclosure of the | ||||||
13 | trade
secrets or commercial or financial information would | ||||||
14 | cause competitive harm to the person or business, and only | ||||||
15 | insofar as the claim directly applies to the records | ||||||
16 | requested. | ||||||
17 | The information included under this exemption includes | ||||||
18 | all trade secrets and commercial or financial information | ||||||
19 | obtained by a public body, including a public pension | ||||||
20 | fund, from a private equity fund or a privately held | ||||||
21 | company within the investment portfolio of a private | ||||||
22 | equity fund as a result of either investing or evaluating | ||||||
23 | a potential investment of public funds in a private equity | ||||||
24 | fund. The exemption contained in this item does not apply | ||||||
25 | to the aggregate financial performance information of a | ||||||
26 | private equity fund, nor to the identity of the fund's |
| |||||||
| |||||||
1 | managers or general partners. The exemption contained in | ||||||
2 | this item does not apply to the identity of a privately | ||||||
3 | held company within the investment portfolio of a private | ||||||
4 | equity fund, unless the disclosure of the identity of a | ||||||
5 | privately held company may cause competitive harm. | ||||||
6 | Nothing contained in this
paragraph (g) shall be | ||||||
7 | construed to prevent a person or business from
consenting | ||||||
8 | to disclosure.
| ||||||
9 | (h) Proposals and bids for any contract, grant, or | ||||||
10 | agreement, including
information which if it were | ||||||
11 | disclosed would frustrate procurement or give
an advantage | ||||||
12 | to any person proposing to enter into a contractor | ||||||
13 | agreement
with the body, until an award or final selection | ||||||
14 | is made. Information
prepared by or for the body in | ||||||
15 | preparation of a bid solicitation shall be
exempt until an | ||||||
16 | award or final selection is made.
| ||||||
17 | (i) Valuable formulae,
computer geographic systems,
| ||||||
18 | designs, drawings and research data obtained or
produced | ||||||
19 | by any public body when disclosure could reasonably be | ||||||
20 | expected to
produce private gain or public loss.
The | ||||||
21 | exemption for "computer geographic systems" provided in | ||||||
22 | this paragraph
(i) does not extend to requests made by | ||||||
23 | news media as defined in Section 2 of
this Act when the | ||||||
24 | requested information is not otherwise exempt and the only
| ||||||
25 | purpose of the request is to access and disseminate | ||||||
26 | information regarding the
health, safety, welfare, or |
| |||||||
| |||||||
1 | legal rights of the general public.
| ||||||
2 | (j) The following information pertaining to | ||||||
3 | educational matters: | ||||||
4 | (i) test questions, scoring keys and other | ||||||
5 | examination data used to
administer an academic | ||||||
6 | examination;
| ||||||
7 | (ii) information received by a primary or | ||||||
8 | secondary school, college, or university under its | ||||||
9 | procedures for the evaluation of faculty members by | ||||||
10 | their academic peers; | ||||||
11 | (iii) information concerning a school or | ||||||
12 | university's adjudication of student disciplinary | ||||||
13 | cases, but only to the extent that disclosure would | ||||||
14 | unavoidably reveal the identity of the student; and | ||||||
15 | (iv) course materials or research materials used | ||||||
16 | by faculty members. | ||||||
17 | (k) Architects' plans, engineers' technical | ||||||
18 | submissions, and
other
construction related technical | ||||||
19 | documents for
projects not constructed or developed in | ||||||
20 | whole or in part with public funds
and the same for | ||||||
21 | projects constructed or developed with public funds, | ||||||
22 | including , but not limited to , power generating and | ||||||
23 | distribution stations and other transmission and | ||||||
24 | distribution facilities, water treatment facilities, | ||||||
25 | airport facilities, sport stadiums, convention centers, | ||||||
26 | and all government owned, operated, or occupied buildings, |
| |||||||
| |||||||
1 | but
only to the extent
that disclosure would compromise | ||||||
2 | security.
| ||||||
3 | (l) Minutes of meetings of public bodies closed to the
| ||||||
4 | public as provided in the Open Meetings Act until the | ||||||
5 | public body
makes the minutes available to the public | ||||||
6 | under Section 2.06 of the Open
Meetings Act.
| ||||||
7 | (m) Communications between a public body and an | ||||||
8 | attorney or auditor
representing the public body that | ||||||
9 | would not be subject to discovery in
litigation, and | ||||||
10 | materials prepared or compiled by or for a public body in
| ||||||
11 | anticipation of a criminal, civil , or administrative | ||||||
12 | proceeding upon the
request of an attorney advising the | ||||||
13 | public body, and materials prepared or
compiled with | ||||||
14 | respect to internal audits of public bodies.
| ||||||
15 | (n) Records relating to a public body's adjudication | ||||||
16 | of employee grievances or disciplinary cases; however, | ||||||
17 | this exemption shall not extend to the final outcome of | ||||||
18 | cases in which discipline is imposed.
| ||||||
19 | (o) Administrative or technical information associated | ||||||
20 | with automated
data processing operations, including , but | ||||||
21 | not limited to , software,
operating protocols, computer | ||||||
22 | program abstracts, file layouts, source
listings, object | ||||||
23 | modules, load modules, user guides, documentation
| ||||||
24 | pertaining to all logical and physical design of | ||||||
25 | computerized systems,
employee manuals, and any other | ||||||
26 | information that, if disclosed, would
jeopardize the |
| |||||||
| |||||||
1 | security of the system or its data or the security of
| ||||||
2 | materials exempt under this Section.
| ||||||
3 | (p) Records relating to collective negotiating matters
| ||||||
4 | between public bodies and their employees or | ||||||
5 | representatives, except that
any final contract or | ||||||
6 | agreement shall be subject to inspection and copying.
| ||||||
7 | (q) Test questions, scoring keys, and other | ||||||
8 | examination data used to determine the qualifications of | ||||||
9 | an applicant for a license or employment.
| ||||||
10 | (r) The records, documents, and information relating | ||||||
11 | to real estate
purchase negotiations until those | ||||||
12 | negotiations have been completed or
otherwise terminated. | ||||||
13 | With regard to a parcel involved in a pending or
actually | ||||||
14 | and reasonably contemplated eminent domain proceeding | ||||||
15 | under the Eminent Domain Act, records, documents , and
| ||||||
16 | information relating to that parcel shall be exempt except | ||||||
17 | as may be
allowed under discovery rules adopted by the | ||||||
18 | Illinois Supreme Court. The
records, documents , and | ||||||
19 | information relating to a real estate sale shall be
exempt | ||||||
20 | until a sale is consummated.
| ||||||
21 | (s) Any and all proprietary information and records | ||||||
22 | related to the
operation of an intergovernmental risk | ||||||
23 | management association or
self-insurance pool or jointly | ||||||
24 | self-administered health and accident
cooperative or pool.
| ||||||
25 | Insurance or self insurance (including any | ||||||
26 | intergovernmental risk management association or self |
| |||||||
| |||||||
1 | insurance pool) claims, loss or risk management | ||||||
2 | information, records, data, advice or communications.
| ||||||
3 | (t) Information contained in or related to | ||||||
4 | examination, operating, or
condition reports prepared by, | ||||||
5 | on behalf of, or for the use of a public
body responsible | ||||||
6 | for the regulation or supervision of financial
| ||||||
7 | institutions, insurance companies, or pharmacy benefit | ||||||
8 | managers, unless disclosure is otherwise
required by State | ||||||
9 | law.
| ||||||
10 | (u) Information that would disclose
or might lead to | ||||||
11 | the disclosure of
secret or confidential information, | ||||||
12 | codes, algorithms, programs, or private
keys intended to | ||||||
13 | be used to create electronic or digital signatures under | ||||||
14 | the Uniform Electronic Transactions Act
Electronic | ||||||
15 | Commerce Security Act .
| ||||||
16 | (v) Vulnerability assessments, security measures, and | ||||||
17 | response policies
or plans that are designed to identify, | ||||||
18 | prevent, or respond to potential
attacks upon a | ||||||
19 | community's population or systems, facilities, or | ||||||
20 | installations,
the destruction or contamination of which | ||||||
21 | would constitute a clear and present
danger to the health | ||||||
22 | or safety of the community, but only to the extent that
| ||||||
23 | disclosure could reasonably be expected to jeopardize the | ||||||
24 | effectiveness of the
measures or the safety of the | ||||||
25 | personnel who implement them or the public.
Information | ||||||
26 | exempt under this item may include such things as details
|
| |||||||
| |||||||
1 | pertaining to the mobilization or deployment of personnel | ||||||
2 | or equipment, to the
operation of communication systems or | ||||||
3 | protocols, or to tactical operations.
| ||||||
4 | (w) (Blank). | ||||||
5 | (x) Maps and other records regarding the location or | ||||||
6 | security of generation, transmission, distribution, | ||||||
7 | storage, gathering,
treatment, or switching facilities | ||||||
8 | owned by a utility, by a power generator, or by the | ||||||
9 | Illinois Power Agency.
| ||||||
10 | (y) Information contained in or related to proposals, | ||||||
11 | bids, or negotiations related to electric power | ||||||
12 | procurement under Section 1-75 of the Illinois Power | ||||||
13 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
14 | Act that is determined to be confidential and proprietary | ||||||
15 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
16 | Commission.
| ||||||
17 | (z) Information about students exempted from | ||||||
18 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
19 | School Code, and information about undergraduate students | ||||||
20 | enrolled at an institution of higher education exempted | ||||||
21 | from disclosure under Section 25 of the Illinois Credit | ||||||
22 | Card Marketing Act of 2009. | ||||||
23 | (aa) Information the disclosure of which is
exempted | ||||||
24 | under the Viatical Settlements Act of 2009.
| ||||||
25 | (bb) Records and information provided to a mortality | ||||||
26 | review team and records maintained by a mortality review |
| |||||||
| |||||||
1 | team appointed under the Department of Juvenile Justice | ||||||
2 | Mortality Review Team Act. | ||||||
3 | (cc) Information regarding interments, entombments, or | ||||||
4 | inurnments of human remains that are submitted to the | ||||||
5 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
6 | the Cemetery Oversight Act, whichever is applicable. | ||||||
7 | (dd) Correspondence and records (i) that may not be | ||||||
8 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
9 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
10 | the Illinois Public Aid Code. | ||||||
11 | (ee) The names, addresses, or other personal | ||||||
12 | information of persons who are minors and are also | ||||||
13 | participants and registrants in programs of park | ||||||
14 | districts, forest preserve districts, conservation | ||||||
15 | districts, recreation agencies, and special recreation | ||||||
16 | associations. | ||||||
17 | (ff) The names, addresses, or other personal | ||||||
18 | information of participants and registrants in programs of | ||||||
19 | park districts, forest preserve districts, conservation | ||||||
20 | districts, recreation agencies, and special recreation | ||||||
21 | associations where such programs are targeted primarily to | ||||||
22 | minors. | ||||||
23 | (gg) Confidential information described in Section | ||||||
24 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
25 | 2012. | ||||||
26 | (hh) The report submitted to the State Board of |
| |||||||
| |||||||
1 | Education by the School Security and Standards Task Force | ||||||
2 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
3 | School Code and any information contained in that report. | ||||||
4 | (ii) Records requested by persons committed to or | ||||||
5 | detained by the Department of Human Services under the | ||||||
6 | Sexually Violent Persons Commitment Act or committed to | ||||||
7 | the Department of Corrections under the Sexually Dangerous | ||||||
8 | Persons Act if those materials: (i) are available in the | ||||||
9 | library of the facility where the individual is confined; | ||||||
10 | (ii) include records from staff members' personnel files, | ||||||
11 | staff rosters, or other staffing assignment information; | ||||||
12 | or (iii) are available through an administrative request | ||||||
13 | to the Department of Human Services or the Department of | ||||||
14 | Corrections. | ||||||
15 | (jj) Confidential information described in Section | ||||||
16 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
17 | (kk) The public body's credit card numbers, debit card | ||||||
18 | numbers, bank account numbers, Federal Employer | ||||||
19 | Identification Number, security code numbers, passwords, | ||||||
20 | and similar account information, the disclosure of which | ||||||
21 | could result in identity theft or impression or defrauding | ||||||
22 | of a governmental entity or a person. | ||||||
23 | (ll) (kk) Records concerning the work of the threat | ||||||
24 | assessment team of a school district. | ||||||
25 | (1.5) Any information exempt from disclosure under the | ||||||
26 | Judicial Privacy Act shall be redacted from public records |
| |||||||
| |||||||
1 | prior to disclosure under this Act. | ||||||
2 | (2) A public record that is not in the possession of a | ||||||
3 | public body but is in the possession of a party with whom the | ||||||
4 | agency has contracted to perform a governmental function on | ||||||
5 | behalf of the public body, and that directly relates to the | ||||||
6 | governmental function and is not otherwise exempt under this | ||||||
7 | Act, shall be considered a public record of the public body, | ||||||
8 | for purposes of this Act. | ||||||
9 | (3) This Section does not authorize withholding of | ||||||
10 | information or limit the
availability of records to the | ||||||
11 | public, except as stated in this Section or
otherwise provided | ||||||
12 | in this Act.
| ||||||
13 | (Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17; | ||||||
14 | 100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff. | ||||||
15 | 1-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
| ||||||
16 | Section 20.72. The Illinois Public Labor Relations Act is | ||||||
17 | amended by changing Section 6 as follows:
| ||||||
18 | (5 ILCS 315/6) (from Ch. 48, par. 1606)
| ||||||
19 | Sec. 6. Right to organize and bargain collectively; | ||||||
20 | exclusive
representation; and fair share arrangements. | ||||||
21 | (a) Employees of the State and
any political subdivision | ||||||
22 | of the State, excluding employees of the General
Assembly of | ||||||
23 | the State of Illinois and employees excluded from the | ||||||
24 | definition of "public employee" under subsection (n) of |
| |||||||
| |||||||
1 | Section 3 of this Act, have, and are protected in the exercise
| ||||||
2 | of, the right of self-organization,
and may form, join or | ||||||
3 | assist any labor organization, to bargain collectively
through | ||||||
4 | representatives of their own choosing on questions of wages, | ||||||
5 | hours
and other conditions of employment, not excluded by | ||||||
6 | Section 4 of this Act,
and to engage in other concerted | ||||||
7 | activities not otherwise prohibited by law
for the purposes of | ||||||
8 | collective bargaining or other mutual aid or protection,
free | ||||||
9 | from interference, restraint or coercion. Employees also have, | ||||||
10 | and
are protected in the exercise of, the right to refrain from | ||||||
11 | participating
in any such concerted activities. Employees may | ||||||
12 | be required,
pursuant to the terms of a lawful fair share | ||||||
13 | agreement, to pay a fee which
shall be their proportionate | ||||||
14 | share
of the costs of the collective bargaining process, | ||||||
15 | contract administration
and pursuing matters affecting wages, | ||||||
16 | hours and other conditions of employment
as defined in Section | ||||||
17 | 3(g).
| ||||||
18 | (b) Nothing in this Act prevents an employee from | ||||||
19 | presenting a grievance
to the employer and having the | ||||||
20 | grievance heard and settled without the
intervention of an | ||||||
21 | employee organization; provided that the exclusive
bargaining | ||||||
22 | representative is afforded the opportunity to be present at | ||||||
23 | such
conference and that any settlement made shall not be | ||||||
24 | inconsistent with the
terms of any agreement in effect between | ||||||
25 | the employer and the exclusive
bargaining representative.
| ||||||
26 | (c) A labor organization designated by the Board as the |
| |||||||
| |||||||
1 | representative
of the majority of public employees in an | ||||||
2 | appropriate unit in accordance
with the procedures herein or | ||||||
3 | recognized
by a public employer as the representative of the | ||||||
4 | majority of public employees
in an appropriate unit is the | ||||||
5 | exclusive representative for the employees
of such unit for | ||||||
6 | the purpose of collective bargaining with respect to rates
of | ||||||
7 | pay, wages, hours and other conditions of employment not | ||||||
8 | excluded by
Section 4 of this Act. Unless otherwise mutually | ||||||
9 | agreed, a public employer is required at least once each month | ||||||
10 | and upon request, to furnish the exclusive bargaining | ||||||
11 | representative with a complete list of the names and addresses | ||||||
12 | of the public employees in the bargaining unit, provided that | ||||||
13 | a public employer shall not be required to furnish such a list | ||||||
14 | more than once per payroll period. The exclusive bargaining | ||||||
15 | representative shall use the list exclusively for bargaining | ||||||
16 | representation purposes and shall not disclose any information | ||||||
17 | contained in the list for any other purpose. Nothing in this | ||||||
18 | Section, however, shall prohibit a bargaining representative | ||||||
19 | from disseminating a list of its union members.
| ||||||
20 | At the time the public employer provides such list, it | ||||||
21 | shall also provide to the exclusive representative, in an | ||||||
22 | Excel file or other mutually agreed upon editable digital file | ||||||
23 | format, the employee's job title, worksite location, work | ||||||
24 | telephone numbers, identification number if available, and any | ||||||
25 | home and personal cellular telephone numbers on file with the | ||||||
26 | employer, date of hire, work email address, and any personal |
| |||||||
| |||||||
1 | email address on file with the employer. In addition, unless | ||||||
2 | otherwise mutually agreed, within 10 calendar days from the | ||||||
3 | date of hire of a bargaining unit employee, the public | ||||||
4 | employer shall provide to the exclusive representative, in an | ||||||
5 | electronic file or other mutually agreed upon format, the | ||||||
6 | following information about the new employee: the employee's | ||||||
7 | name, job title, worksite location, home address, work | ||||||
8 | telephone numbers, and any home and personal cellular | ||||||
9 | telephone numbers on file with the employer, date of hire, | ||||||
10 | work email address, and any personal email address on file | ||||||
11 | with the employer. | ||||||
12 | (c-5) No employer shall disclose the following information | ||||||
13 | of any employee: (1) the employee's home address (including | ||||||
14 | ZIP code and county); (2) the employee's date of birth; (3) the | ||||||
15 | employee's home and personal phone number; (4) the employee's | ||||||
16 | personal email address; (5) any information personally | ||||||
17 | identifying employee membership or membership status in a | ||||||
18 | labor organization or other voluntary association affiliated | ||||||
19 | with a labor organization or a labor federation (including | ||||||
20 | whether employees are members of such organization, the | ||||||
21 | identity of such organization, whether or not employees pay or | ||||||
22 | authorize the payment of any dues or moneys to such | ||||||
23 | organization, and the amounts of such dues or moneys); and (6) | ||||||
24 | emails or other communications between a labor organization | ||||||
25 | and its members. | ||||||
26 | As soon as practicable after receiving a request for any |
| |||||||
| |||||||
1 | information prohibited from disclosure under this subsection | ||||||
2 | (c-5), excluding a request from the exclusive bargaining | ||||||
3 | representative of the employee, the employer must provide a | ||||||
4 | written copy of the request, or a written summary of any oral | ||||||
5 | request, to the exclusive bargaining representative of the | ||||||
6 | employee or, if no such representative exists, to the | ||||||
7 | employee. The employer must also provide a copy of any | ||||||
8 | response it has made within 5 business days of sending the | ||||||
9 | response to any request. | ||||||
10 | If an employer discloses information in violation of this | ||||||
11 | subsection (c-5), an aggrieved employee of the employer or his | ||||||
12 | or her exclusive bargaining representative may file an unfair | ||||||
13 | labor practice charge with the Illinois Labor Relations Board | ||||||
14 | pursuant to Section 10 of this Act or commence an action in the | ||||||
15 | circuit court to enforce the provisions of this Act, including | ||||||
16 | actions to compel compliance, if an employer willfully and | ||||||
17 | wantonly discloses information in violation of this | ||||||
18 | subsection. The circuit court for the county in which the | ||||||
19 | complainant resides, in which the complainant is employed, or | ||||||
20 | in which the employer is located shall have jurisdiction in | ||||||
21 | this matter. | ||||||
22 | This subsection does not apply to disclosures (i) required | ||||||
23 | under the Freedom of Information Act, (ii) for purposes of | ||||||
24 | conducting public operations or business, or (iii) to the | ||||||
25 | exclusive representative. | ||||||
26 | (c-10) Employers shall provide to exclusive |
| |||||||
| |||||||
1 | representatives, including their agents and employees, | ||||||
2 | reasonable access to employees in the bargaining units they | ||||||
3 | represent. This access shall at all times be conducted in a | ||||||
4 | manner so as not to impede normal operations. | ||||||
5 | (1) Access includes the following: | ||||||
6 | (A) the right to meet with one or more employees on | ||||||
7 | the employer's premises during the work day to | ||||||
8 | investigate and discuss grievances and | ||||||
9 | workplace-related complaints without charge to pay or | ||||||
10 | leave time of employees or agents of the exclusive | ||||||
11 | representative; | ||||||
12 | (B) the right to conduct worksite meetings during | ||||||
13 | lunch and other non-work breaks, and before and after | ||||||
14 | the workday, on the employer's premises to discuss | ||||||
15 | collective bargaining negotiations, the administration | ||||||
16 | of collective bargaining agreements, other matters | ||||||
17 | related to the duties of the exclusive representative, | ||||||
18 | and internal matters involving the governance or | ||||||
19 | business of the exclusive representative, without | ||||||
20 | charge to pay or leave time of employees or agents of | ||||||
21 | the exclusive representative; | ||||||
22 | (C) the right to meet with newly hired employees, | ||||||
23 | without charge to pay or leave time of the employees or | ||||||
24 | agents of the exclusive representative, on the | ||||||
25 | employer's premises or at a location mutually agreed | ||||||
26 | to by the employer and exclusive representative for up |
| |||||||
| |||||||
1 | to one hour either within the first two weeks of | ||||||
2 | employment in the bargaining unit or at a later date | ||||||
3 | and time if mutually agreed upon by the employer and | ||||||
4 | the exclusive representative; and | ||||||
5 | (D) the right to use the facility mailboxes and | ||||||
6 | bulletin boards of the employer to communicate with | ||||||
7 | bargaining unit employees regarding collective | ||||||
8 | bargaining negotiations, the administration of the | ||||||
9 | collective bargaining agreements, the investigation of | ||||||
10 | grievances, other workplace-related complaints and | ||||||
11 | issues, and internal matters involving the governance | ||||||
12 | or business of the exclusive representative. | ||||||
13 | (2) Nothing in this Section shall prohibit an employer | ||||||
14 | and exclusive representative from agreeing in a collective | ||||||
15 | bargaining agreement to provide the exclusive | ||||||
16 | representative greater access to bargaining unit | ||||||
17 | employees, including through the use of the employer's | ||||||
18 | email system. | ||||||
19 | (d) Labor organizations recognized by a public employer as | ||||||
20 | the exclusive
representative or so designated in accordance | ||||||
21 | with the provisions of this
Act are responsible for | ||||||
22 | representing the interests of all public employees
in the | ||||||
23 | unit. Nothing herein shall be construed to limit an exclusive
| ||||||
24 | representative's right to exercise its discretion to refuse to | ||||||
25 | process
grievances of employees that are unmeritorious.
| ||||||
26 | (e) When a collective bargaining agreement is entered into |
| |||||||
| |||||||
1 | with an exclusive
representative, it may include in the | ||||||
2 | agreement a provision requiring employees
covered by the | ||||||
3 | agreement who are not members of the organization to pay
their | ||||||
4 | proportionate share of the costs of the collective bargaining | ||||||
5 | process,
contract administration and pursuing matters | ||||||
6 | affecting wages, hours and
conditions of employment, as | ||||||
7 | defined in Section 3 (g), but not to exceed
the amount of dues | ||||||
8 | uniformly required of members. The organization shall
certify | ||||||
9 | to the employer the amount constituting each nonmember | ||||||
10 | employee's
proportionate share which shall not exceed dues | ||||||
11 | uniformly required of members.
In such case, the proportionate | ||||||
12 | share payment in this Section shall be deducted
by the | ||||||
13 | employer from the earnings of the nonmember employees and paid | ||||||
14 | to
the employee organization.
| ||||||
15 | (f) Employers shall make payroll deductions
of labor | ||||||
16 | organization dues, initiation fees,
assessments, and other | ||||||
17 | payments for a labor organization that is the exclusive | ||||||
18 | representative. Such deductions shall be made in accordance | ||||||
19 | with the terms of an employee's written
authorization, and | ||||||
20 | shall be paid to the exclusive representative. Written | ||||||
21 | authorization may be evidenced by electronic communications, | ||||||
22 | and such writing or communication may be evidenced by the | ||||||
23 | electronic signature of the employee as provided under Section | ||||||
24 | 5-120 of the Uniform Electronic Transactions Act Electronic | ||||||
25 | Commerce Security Act .
| ||||||
26 | There is no impediment to an employee's right to resign |
| |||||||
| |||||||
1 | union membership at any time. However, notwithstanding any | ||||||
2 | other provision of law to the contrary regarding authorization | ||||||
3 | and deduction of dues or other payments to a labor | ||||||
4 | organization, the exclusive representative and a public | ||||||
5 | employee may agree to reasonable limits on the right of the | ||||||
6 | employee to revoke such authorization, including a period of | ||||||
7 | irrevocability that exceeds one year. An authorization that is | ||||||
8 | irrevocable for one year, which may be automatically renewed | ||||||
9 | for successive annual periods in accordance with the terms of | ||||||
10 | the authorization, and that contains at least an annual 10-day | ||||||
11 | period of time during which the employee may revoke the | ||||||
12 | authorization, shall be deemed reasonable. | ||||||
13 | This Section shall apply to all claims that allege that a | ||||||
14 | labor organization or a public employer has improperly | ||||||
15 | deducted or collected dues from an employee without regard to | ||||||
16 | whether the claims or the facts upon which they are based | ||||||
17 | occurred before, on, or after the effective date of this | ||||||
18 | amendatory Act of the 101st General Assembly and shall apply | ||||||
19 | retroactively to the maximum extent permitted by law. | ||||||
20 | (f-5) Where a collective bargaining agreement is | ||||||
21 | terminated, or continues in effect beyond its scheduled | ||||||
22 | expiration date pending the negotiation of a successor | ||||||
23 | agreement or the resolution of an impasse under Section 14, | ||||||
24 | the employer shall continue to honor and abide by any dues | ||||||
25 | deduction or fair share clause contained therein until a new | ||||||
26 | agreement is reached including dues deduction or a fair share |
| |||||||
| |||||||
1 | clause. For the benefit of any successor exclusive | ||||||
2 | representative certified under this Act, this provision shall | ||||||
3 | be applicable, provided the successor exclusive | ||||||
4 | representative: | ||||||
5 | (i) certifies to the employer the amount constituting | ||||||
6 | each non-member's proportionate share under subsection | ||||||
7 | (e); or | ||||||
8 | (ii) presents the employer with employee written | ||||||
9 | authorizations for the deduction of dues, assessments, and | ||||||
10 | fees under this subsection. | ||||||
11 | Failure to so honor and abide by dues deduction or fair | ||||||
12 | share clauses for the benefit of any exclusive representative, | ||||||
13 | including a successor, shall be a violation of the duty to | ||||||
14 | bargain and an unfair labor practice.
| ||||||
15 | (f-10) Upon receiving written notice of authorization, the | ||||||
16 | public employer must commence dues deductions as soon as | ||||||
17 | practicable, but in no case later than 30 days after receiving | ||||||
18 | notice from the labor organization. Employee deductions shall | ||||||
19 | be transmitted to the labor organization no later than 30 days | ||||||
20 | after they are deducted unless a shorter period is mutually | ||||||
21 | agreed to. | ||||||
22 | (f-15) Deductions shall remain in effect until: | ||||||
23 | (1) the public employer receives notice that a public | ||||||
24 | employee has revoked their authorization in writing in | ||||||
25 | accordance with the terms of the authorization; or | ||||||
26 | (2) the individual employee is no longer employed by |
| |||||||
| |||||||
1 | the public employer in a bargaining unit position | ||||||
2 | represented by the same exclusive representative, provided | ||||||
3 | that if the employee is, within a period of one year, | ||||||
4 | employed by the same public employer in a position | ||||||
5 | represented by the same labor organization, the right to | ||||||
6 | dues deduction shall be automatically reinstated. | ||||||
7 | Nothing in this subsection prevents an employee from | ||||||
8 | continuing to authorize payroll deductions when no longer | ||||||
9 | represented by the exclusive representative that would receive | ||||||
10 | such deduction. | ||||||
11 | Should the individual employee who has signed a dues | ||||||
12 | deduction authorization card either be removed from a public | ||||||
13 | employer's payroll or otherwise placed on any type of | ||||||
14 | involuntary or voluntary leave of absence, whether paid or | ||||||
15 | unpaid, the public employee's dues deduction shall be | ||||||
16 | continued upon that public employee's return to the payroll in | ||||||
17 | a bargaining unit position represented by the same exclusive | ||||||
18 | representative or restoration to active duty from such a leave | ||||||
19 | of absence. | ||||||
20 | (f-20) Unless otherwise mutually agreed by the public | ||||||
21 | employer and the exclusive representative, employee requests | ||||||
22 | to authorize, revoke, cancel, or change authorizations for | ||||||
23 | payroll deductions for labor organizations shall be directed | ||||||
24 | to the labor organization rather than to the public employer. | ||||||
25 | The labor organization shall be responsible for initially | ||||||
26 | processing and notifying the public employer of proper |
| |||||||
| |||||||
1 | requests or providing proper requests to the employer. If the | ||||||
2 | requests are not provided to the public employer, the employer | ||||||
3 | shall rely on information provided by the labor organization | ||||||
4 | regarding whether deductions for a labor organization were | ||||||
5 | properly authorized, revoked, canceled, or changed, and the | ||||||
6 | labor organization shall indemnify the public employer for any | ||||||
7 | damages and reasonable costs incurred for any claims made by | ||||||
8 | employees for deductions made in good faith reliance on that | ||||||
9 | information. | ||||||
10 | (f-25) Upon receipt by the exclusive representative of an | ||||||
11 | appropriate written authorization from an employee, written | ||||||
12 | notice of authorization shall be provided to the employer and | ||||||
13 | any authorized deductions shall be made in accordance with | ||||||
14 | law. The labor organization shall indemnify the public | ||||||
15 | employer for any damages and reasonable costs incurred for any | ||||||
16 | claims made by employees for deductions made in good faith | ||||||
17 | reliance on its notification. | ||||||
18 | (f-30) The failure of an employer to comply with the | ||||||
19 | provisions of this Section shall be a violation of the duty to | ||||||
20 | bargain and an unfair labor practice. Relief for the violation | ||||||
21 | shall be reimbursement by the public employer of dues that | ||||||
22 | should have been deducted or paid based on a valid | ||||||
23 | authorization given by the employee or employees. In addition, | ||||||
24 | the provisions of a collective bargaining agreement that | ||||||
25 | contain the obligations set forth in this Section may be | ||||||
26 | enforced in accordance with Sections 8 and 16. |
| |||||||
| |||||||
1 | (f-35) The Illinois Labor Relations Board shall have | ||||||
2 | exclusive jurisdiction over claims under Illinois law that | ||||||
3 | allege that a labor organization has unlawfully collected dues | ||||||
4 | from a public employee in violation of this Act. The Board | ||||||
5 | shall by rule require that in cases in which a public employee | ||||||
6 | alleges that a labor organization has unlawfully collected | ||||||
7 | dues, the public employer shall continue to deduct the | ||||||
8 | employee's dues from the employee's pay, but shall transmit | ||||||
9 | the dues to the Board for deposit in an escrow account | ||||||
10 | maintained by the Board. If the exclusive representative | ||||||
11 | maintains an escrow account for the purpose of holding dues to | ||||||
12 | which an employee has objected, the employer shall transmit | ||||||
13 | the entire amount of dues to the exclusive representative, and | ||||||
14 | the exclusive representative shall hold in escrow the dues | ||||||
15 | that the employer would otherwise have been required to | ||||||
16 | transmit to the Board for escrow; provided that the escrow | ||||||
17 | account maintained by the exclusive representative complies | ||||||
18 | with rules adopted by the Board or that the collective | ||||||
19 | bargaining agreement requiring the payment of the dues | ||||||
20 | contains an indemnification provision for the purpose of | ||||||
21 | indemnifying the employer with respect to the employer's | ||||||
22 | transmission of dues to the exclusive representative. | ||||||
23 | (f-40) If any clause, sentence, paragraph, or subparagraph | ||||||
24 | of this Section shall be adjudged by a court of competent | ||||||
25 | jurisdiction to be unconstitutional or otherwise invalid, that | ||||||
26 | judgment shall not affect, impair, or invalidate the remainder |
| |||||||
| |||||||
1 | thereof, but shall be confined in its operation to the clause, | ||||||
2 | sentence, paragraph, or subparagraph of this Section directly | ||||||
3 | involved in the controversy in which that judgment shall have | ||||||
4 | been rendered. | ||||||
5 | If any clause, sentence, paragraph, or part of a signed | ||||||
6 | authorization for payroll deductions shall be adjudged by a | ||||||
7 | court of competent jurisdiction to be unconstitutional or | ||||||
8 | otherwise invalid, that judgment shall not affect, impair, or | ||||||
9 | invalidate the remainder of the signed authorization, but | ||||||
10 | shall be confined in its operation to the clause, sentence, | ||||||
11 | paragraph, or part of the signed authorization directly | ||||||
12 | involved in the controversy in which that judgment shall have | ||||||
13 | been rendered. | ||||||
14 | (g) Agreements containing a fair share agreement must | ||||||
15 | safeguard the right
of nonassociation of employees based upon | ||||||
16 | bona fide religious tenets or
teachings of a church or | ||||||
17 | religious body of which such employees are members.
Such | ||||||
18 | employees may be required to pay an amount equal to their fair | ||||||
19 | share,
determined under a lawful fair share agreement, to a | ||||||
20 | nonreligious charitable
organization mutually agreed upon by | ||||||
21 | the employees affected and the exclusive
bargaining | ||||||
22 | representative to which such employees would otherwise pay | ||||||
23 | such
service fee. If the affected employees and the bargaining | ||||||
24 | representative
are unable to reach an agreement on the matter, | ||||||
25 | the Board may establish an
approved list of charitable | ||||||
26 | organizations to which such payments may be made.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-620, eff. 12-20-19.)
| ||||||
2 | Section 20.74. The Government Electronic Records Act is | ||||||
3 | amended by changing Section 20 as follows:
| ||||||
4 | (20 ILCS 35/20)
| ||||||
5 | Sec. 20. Electronic transfer of records. Notwithstanding | ||||||
6 | any law to the contrary, all government agencies are | ||||||
7 | encouraged to employ electronic means of transferring records | ||||||
8 | when appropriate. Government agencies may send by electronic | ||||||
9 | transmission any document, report, or record that State law | ||||||
10 | would otherwise require to be placed in the U.S. mail. Those | ||||||
11 | electronic records shall be protected as required by the | ||||||
12 | Uniform Electronic Transactions Act Electronic Commerce | ||||||
13 | Security Act (5 ILCS 175/) .
| ||||||
14 | (Source: P.A. 96-1363, eff. 7-28-10.)
| ||||||
15 | Section 20.75. The Department of Public Health Powers and | ||||||
16 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
17 | amended by changing Section 2310-600 as follows:
| ||||||
18 | (20 ILCS 2310/2310-600)
| ||||||
19 | Sec. 2310-600. Advance directive information.
| ||||||
20 | (a) The Department of Public Health shall prepare and | ||||||
21 | publish the summary of
advance directives law, as required by | ||||||
22 | the federal Patient
Self-Determination Act, and related forms. |
| |||||||
| |||||||
1 | Publication may be limited to the World Wide Web. The summary | ||||||
2 | required under this subsection (a) must include the Department | ||||||
3 | of Public Health Uniform POLST form.
| ||||||
4 | (b) The Department of Public Health shall publish
Spanish | ||||||
5 | language
versions of the following:
| ||||||
6 | (1) The statutory Living Will Declaration form.
| ||||||
7 | (2) The Illinois Statutory Short Form Power of | ||||||
8 | Attorney for Health Care.
| ||||||
9 | (3) The statutory Declaration of Mental Health | ||||||
10 | Treatment Form.
| ||||||
11 | (4) The summary of advance directives law in Illinois.
| ||||||
12 | (5) The Department of Public Health Uniform POLST | ||||||
13 | form.
| ||||||
14 | Publication may be limited to the World Wide Web.
| ||||||
15 | (b-5) In consultation with a statewide professional | ||||||
16 | organization
representing
physicians licensed to practice | ||||||
17 | medicine in all its branches, statewide
organizations | ||||||
18 | representing physician assistants, advanced practice | ||||||
19 | registered nurses, nursing homes, registered professional | ||||||
20 | nurses, and emergency medical systems, and a statewide
| ||||||
21 | organization
representing hospitals, the Department of Public | ||||||
22 | Health shall develop and
publish a uniform
form for | ||||||
23 | practitioner cardiopulmonary resuscitation (CPR) or | ||||||
24 | life-sustaining treatment orders that may be utilized in all
| ||||||
25 | settings. The form shall meet the published minimum | ||||||
26 | requirements to nationally be considered a practitioner orders |
| |||||||
| |||||||
1 | for life-sustaining treatment form, or POLST, and
may be | ||||||
2 | referred to as the Department of Public Health Uniform POLST | ||||||
3 | form. An electronic version of the Uniform POLST form under | ||||||
4 | this Act may be created, signed, or revoked electronically | ||||||
5 | using a generic, technology-neutral system in which each user | ||||||
6 | is assigned a unique identifier that is securely maintained | ||||||
7 | and in a manner that meets the regulatory requirements for a | ||||||
8 | digital or electronic signature. Compliance with the standards | ||||||
9 | defined in the Uniform Electronic Transactions Act Electronic | ||||||
10 | Commerce Security Act or the implementing rules of the | ||||||
11 | Hospital Licensing Act for medical record entry authentication | ||||||
12 | for author validation of the documentation, content accuracy, | ||||||
13 | and completeness meets this standard. This form does not | ||||||
14 | replace a physician's or other practitioner's authority to | ||||||
15 | make a do-not-resuscitate (DNR) order.
| ||||||
16 | (b-10) In consultation with a statewide professional | ||||||
17 | organization representing physicians licensed to practice | ||||||
18 | medicine in all its branches, statewide organizations | ||||||
19 | representing physician assistants, advanced practice | ||||||
20 | registered nurses, nursing homes, registered professional | ||||||
21 | nurses, and emergency medical systems, a statewide bar | ||||||
22 | association, a national bar association with an Illinois | ||||||
23 | chapter that concentrates in elder and disability law, a | ||||||
24 | not-for-profit organ procurement organization that coordinates | ||||||
25 | organ and tissue donation, a statewide committee or group | ||||||
26 | responsible for stakeholder education about POLST issues, and |
| |||||||
| |||||||
1 | a statewide organization representing hospitals, the | ||||||
2 | Department of Public Health shall study the feasibility of | ||||||
3 | creating a statewide registry of advance directives and POLST | ||||||
4 | forms. The registry would allow residents of this State to | ||||||
5 | submit the forms and for the forms to be made available to | ||||||
6 | health care providers and professionals in a timely manner for | ||||||
7 | the provision of care or services. This study must be filed | ||||||
8 | with the General Assembly on or before January 1, 2021. | ||||||
9 | (c) (Blank). | ||||||
10 | (d) The Department of Public Health shall publish the | ||||||
11 | Department of Public Health Uniform POLST form reflecting the | ||||||
12 | changes made by this amendatory Act of the 98th General | ||||||
13 | Assembly no later than January 1, 2015.
| ||||||
14 | (Source: P.A. 100-513, eff. 1-1-18; 101-163, eff. 1-1-20 .)
| ||||||
15 | Section 20.76. The Local Government Electronic | ||||||
16 | Notification Act is amended by changing Section 10 as follows:
| ||||||
17 | (50 ILCS 55/10)
| ||||||
18 | Sec. 10. Definitions. | ||||||
19 | (a) As used in this Act: | ||||||
20 | "Electronic notification delivery system" means a computer | ||||||
21 | program that notifies interested parties of a unit of local | ||||||
22 | government's action and that may have features that confirm | ||||||
23 | physical addresses and email addresses, confirm ownership, and | ||||||
24 | confirm receipt of an electronic notification. |
| |||||||
| |||||||
1 | "Electronic notification recipient" means a person who | ||||||
2 | affirmatively informs a unit of local government or county | ||||||
3 | officer that he or she would like to receive electronically a | ||||||
4 | notification that would have been sent by the unit of local | ||||||
5 | government or county officer via United States mail. | ||||||
6 | (b) For the purposes of this Act, an identity is confirmed | ||||||
7 | if: | ||||||
8 | (1) the electronic notification recipient provides a | ||||||
9 | birthdate and Social Security number that can be matched | ||||||
10 | with the records of the Secretary of State or the county | ||||||
11 | clerk; | ||||||
12 | (2) a mailing sent by United States mail to the | ||||||
13 | electronic notification recipient is responded to | ||||||
14 | digitally with a unique code; | ||||||
15 | (3) the electronic notification recipient uses an | ||||||
16 | electronic a digital signature as defined in the Uniform | ||||||
17 | Electronic Transactions Act Electronic Commerce Security | ||||||
18 | Act; or | ||||||
19 | (4) the electronic notification recipient signs up in | ||||||
20 | person with the unit of local government or county officer | ||||||
21 | and provides a government-issued identification. | ||||||
22 | (c) For the purposes of this Act, a physical address of an | ||||||
23 | electronic notification recipient is confirmed if the | ||||||
24 | electronic notification recipient's address is matched with | ||||||
25 | the records of the Secretary of State and an email address of | ||||||
26 | an electronic notification recipient is confirmed when an |
| |||||||
| |||||||
1 | email to that email address has been delivered and | ||||||
2 | affirmatively responded to in a way that can be tracked by the | ||||||
3 | electronic notification delivery system. | ||||||
4 | (d) For the purposes of this Act, an electronic | ||||||
5 | notification recipient's ownership is confirmed if his or her | ||||||
6 | name is matched with the records of the county recorder of | ||||||
7 | deeds. | ||||||
8 | (e) For the purposes of this Act, the receipt of an | ||||||
9 | electronic notification is confirmed if an electronic | ||||||
10 | notification recipient: | ||||||
11 | (1) responds to the electronic notification; or | ||||||
12 | (2) reads the electronic notification in an electronic | ||||||
13 | notification delivery system that is able to track that an | ||||||
14 | email has been opened.
| ||||||
15 | (Source: P.A. 100-856, eff. 1-1-19 .)
| ||||||
16 | Section 20.77. The Illinois Educational Labor Relations | ||||||
17 | Act is amended by changing Section 11.1 as follows:
| ||||||
18 | (115 ILCS 5/11.1) | ||||||
19 | Sec. 11.1. Dues collection. | ||||||
20 | (a) Employers shall make payroll deductions of employee | ||||||
21 | organization dues, initiation fees, assessments, and other | ||||||
22 | payments for an employee organization that is the exclusive | ||||||
23 | representative. Such deductions shall be made in accordance | ||||||
24 | with the terms of an employee's written authorization and |
| |||||||
| |||||||
1 | shall be paid to the exclusive representative. Written | ||||||
2 | authorization may be evidenced by electronic communications, | ||||||
3 | and such writing or communication may be evidenced by the | ||||||
4 | electronic signature of the employee as provided under Uniform | ||||||
5 | Electronic Transactions Section 5-120 of the Electronic | ||||||
6 | Commerce Security Act. | ||||||
7 | There is no impediment to an employee's right to resign | ||||||
8 | union membership at any time. However, notwithstanding any | ||||||
9 | other provision of law to the contrary regarding authorization | ||||||
10 | and deduction of dues or other payments to a labor | ||||||
11 | organization, the exclusive representative and an educational | ||||||
12 | employee may agree to reasonable limits on the right of the | ||||||
13 | employee to revoke such authorization, including a period of | ||||||
14 | irrevocability that exceeds one year. An authorization that is | ||||||
15 | irrevocable for one year, which may be automatically renewed | ||||||
16 | for successive annual periods in accordance with the terms of | ||||||
17 | the authorization, and that contains at least an annual 10-day | ||||||
18 | period of time during which the educational employee may | ||||||
19 | revoke the authorization, shall be deemed reasonable. This | ||||||
20 | Section shall apply to all claims that allege that an | ||||||
21 | educational employer or employee organization has improperly | ||||||
22 | deducted or collected dues from an employee without regard to | ||||||
23 | whether the claims or the facts upon which they are based | ||||||
24 | occurred before, on, or after the effective date of this | ||||||
25 | amendatory Act of the 101st General Assembly and shall apply | ||||||
26 | retroactively to the maximum extent permitted by law. |
| |||||||
| |||||||
1 | (b) Upon receiving written notice of the authorization, | ||||||
2 | the educational employer must commence dues deductions as soon | ||||||
3 | as practicable, but in no case later than 30 days after | ||||||
4 | receiving notice from the employee organization. Employee | ||||||
5 | deductions shall be transmitted to the employee organization | ||||||
6 | no later than 10 days after they are deducted unless a shorter | ||||||
7 | period is mutually agreed to. | ||||||
8 | (c) Deductions shall remain in effect until: | ||||||
9 | (1) the educational employer receives notice that an | ||||||
10 | educational employee has revoked his or her authorization | ||||||
11 | in writing in accordance with the terms of the | ||||||
12 | authorization; or | ||||||
13 | (2) the individual educational employee is no longer | ||||||
14 | employed by the educational employer in a bargaining unit | ||||||
15 | position represented by the same exclusive representative; | ||||||
16 | provided that if such employee is, within a period of one | ||||||
17 | year, employed by the same educational employer in a | ||||||
18 | position represented by the same employee organization, | ||||||
19 | the right to dues deduction shall be automatically | ||||||
20 | reinstated. | ||||||
21 | Nothing in this subsection prevents an employee from | ||||||
22 | continuing to authorize payroll deductions when no longer | ||||||
23 | represented by the exclusive representative that would receive | ||||||
24 | those deductions. | ||||||
25 | Should the individual educational employee who has signed | ||||||
26 | a dues deduction authorization card either be removed from an |
| |||||||
| |||||||
1 | educational employer's payroll or otherwise placed on any type | ||||||
2 | of involuntary or voluntary leave of absence, whether paid or | ||||||
3 | unpaid, the employee's dues deduction shall be continued upon | ||||||
4 | that employee's return to the payroll in a bargaining unit | ||||||
5 | position represented by the same exclusive representative or | ||||||
6 | restoration to active duty from such a leave of absence. | ||||||
7 | (d) Unless otherwise mutually agreed by the educational | ||||||
8 | employer and the exclusive representative, employee requests | ||||||
9 | to authorize, revoke, cancel, or change authorizations for | ||||||
10 | payroll deductions for employee organizations shall be | ||||||
11 | directed to the employee organization rather than to the | ||||||
12 | educational employer. The employee organization shall be | ||||||
13 | responsible for initially processing and notifying the | ||||||
14 | educational employer of proper requests or providing proper | ||||||
15 | requests to the employer. If the requests are not provided to | ||||||
16 | the educational employer, the employer shall rely on | ||||||
17 | information provided by the employee organization regarding | ||||||
18 | whether deductions for an employee organization were properly | ||||||
19 | authorized, revoked, canceled, or changed, and the employee | ||||||
20 | organization shall indemnify the educational employer for any | ||||||
21 | damages and reasonable costs incurred for any claims made by | ||||||
22 | educational employees for deductions made in good faith | ||||||
23 | reliance on that information. | ||||||
24 | (e) Upon receipt by the exclusive representative of an | ||||||
25 | appropriate written authorization from an individual | ||||||
26 | educational employee, written notice of authorization shall be |
| |||||||
| |||||||
1 | provided to the educational employer and any authorized | ||||||
2 | deductions shall be made in accordance with law. The employee | ||||||
3 | organization shall indemnify the educational employer for any | ||||||
4 | damages and reasonable costs incurred for any claims made by | ||||||
5 | an educational employee for deductions made in good faith | ||||||
6 | reliance on its notification. | ||||||
7 | (f) The failure of an educational employer to comply with | ||||||
8 | the provisions of this Section shall be a violation of the duty | ||||||
9 | to bargain and an unfair labor practice. Relief for the | ||||||
10 | violation shall be reimbursement by the educational employer | ||||||
11 | of dues that should have been deducted or paid based on a valid | ||||||
12 | authorization given by the educational employee or employees. | ||||||
13 | In addition, the provisions of a collective bargaining | ||||||
14 | agreement that contain the obligations set forth in this | ||||||
15 | Section may be enforced in accordance with Section 10. | ||||||
16 | (g) The Illinois Educational Labor Relations Board shall | ||||||
17 | have exclusive jurisdiction over claims under Illinois law | ||||||
18 | that allege an educational employer or employee organization | ||||||
19 | has unlawfully deducted or collected dues from an educational | ||||||
20 | employee in violation of this Act. The Board shall by rule | ||||||
21 | require that in cases in which an educational employee alleges | ||||||
22 | that an employee organization has unlawfully collected dues, | ||||||
23 | the educational employer shall continue to deduct the | ||||||
24 | employee's dues from the employee's pay, but shall transmit | ||||||
25 | the dues to the Board for deposit in an escrow account | ||||||
26 | maintained by the Board. If the exclusive representative |
| |||||||
| |||||||
1 | maintains an escrow account for the purpose of holding dues to | ||||||
2 | which an employee has objected, the employer shall transmit | ||||||
3 | the entire amount of dues to the exclusive representative, and | ||||||
4 | the exclusive representative shall hold in escrow the dues | ||||||
5 | that the employer would otherwise have been required to | ||||||
6 | transmit to the Board for escrow; provided that the escrow | ||||||
7 | account maintained by the exclusive representative complies | ||||||
8 | with rules adopted by the Board or that the collective | ||||||
9 | bargaining agreement requiring the payment of the dues | ||||||
10 | contains an indemnification provision for the purpose of | ||||||
11 | indemnifying the employer with respect to the employer's | ||||||
12 | transmission of dues to the exclusive representative. | ||||||
13 | (h) If a collective bargaining agreement that includes a | ||||||
14 | dues deduction clause expires or continues in effect beyond | ||||||
15 | its scheduled expiration date pending the negotiation of a | ||||||
16 | successor agreement, then the employer shall continue to honor | ||||||
17 | and abide by the dues deduction clause until a new agreement | ||||||
18 | that includes a dues deduction clause is reached. Failure to | ||||||
19 | honor and abide by the dues deduction clause for the benefit of | ||||||
20 | any exclusive representative as set forth in this subsection | ||||||
21 | (h) shall be a violation of the duty to bargain and an unfair | ||||||
22 | labor practice. For the benefit of any successor exclusive | ||||||
23 | representative certified under this Act, this provision shall | ||||||
24 | be applicable, provided the successor exclusive representative | ||||||
25 | presents the employer with employee written authorizations or | ||||||
26 | certifications from the exclusive representative for the |
| |||||||
| |||||||
1 | deduction of dues, assessments, and fees under this subsection | ||||||
2 | (h). | ||||||
3 | (i)(1) If any clause, sentence, paragraph, or subdivision | ||||||
4 | of this Section shall be adjudged by a court of competent | ||||||
5 | jurisdiction to be unconstitutional or otherwise invalid, that | ||||||
6 | judgment shall not affect, impair, or invalidate the remainder | ||||||
7 | thereof, but shall be confined in its operation to the clause, | ||||||
8 | sentence, paragraph, or subdivision of this Section directly | ||||||
9 | involved in the controversy in which such judgment shall have | ||||||
10 | been rendered. | ||||||
11 | (2) If any clause, sentence, paragraph, or part of a | ||||||
12 | signed authorization for payroll deductions shall be adjudged | ||||||
13 | by a court of competent jurisdiction to be unconstitutional or | ||||||
14 | otherwise invalid, that judgment shall not affect, impair, or | ||||||
15 | invalidate the remainder of the signed authorization, but | ||||||
16 | shall be confined in its operation to the clause, sentence, | ||||||
17 | paragraph, or part of the signed authorization directly | ||||||
18 | involved in the controversy in which such judgment shall have | ||||||
19 | been rendered.
| ||||||
20 | (Source: P.A. 101-620, eff. 12-20-19.)
| ||||||
21 | Section 20.78. The Illinois Credit Union Act is amended by | ||||||
22 | changing Sections 10.2, 19 and 20 as follows:
| ||||||
23 | (205 ILCS 305/10.2) | ||||||
24 | Sec. 10.2. Electronic records. |
| |||||||
| |||||||
1 | (a) As used in this Section, "electronic" and "electronic | ||||||
2 | record" have the meanings given to those terms in the Uniform | ||||||
3 | Electronic Transactions Electronic Commerce Security Act. | ||||||
4 | (b) If a provision of this Act requires information to be | ||||||
5 | written or delivered in writing, or provides for certain | ||||||
6 | consequences if it is not, an electronic record or electronic | ||||||
7 | delivery satisfies that rule of law. | ||||||
8 | (c) If a provision of this Act requires a policy, record, | ||||||
9 | notice or other document or information to be mailed or | ||||||
10 | otherwise furnished, posted, or disclosed by a credit union, | ||||||
11 | electronic delivery or distribution satisfies that rule of | ||||||
12 | law. Policies and notifications of general interest to or | ||||||
13 | impact on the membership may be posted on a credit union's | ||||||
14 | website or disclosed in membership newsletters or account | ||||||
15 | statements, in addition to, or in lieu of, any other methods of | ||||||
16 | notification or distribution specified in this Act.
| ||||||
17 | (Source: P.A. 101-567, eff. 8-23-19.)
| ||||||
18 | (205 ILCS 305/19) (from Ch. 17, par. 4420)
| ||||||
19 | Sec. 19. Meeting of members.
| ||||||
20 | (1) The annual meeting shall be held each
year during the | ||||||
21 | months of January, February or March or such other month
as may | ||||||
22 | be approved by the Department. The meeting shall be held at the
| ||||||
23 | time, place and in the manner set forth in the bylaws. Any | ||||||
24 | special
meetings of the members of the credit union shall be | ||||||
25 | held at the time, place
and in the manner set forth in the |
| |||||||
| |||||||
1 | bylaws. Unless otherwise set forth in
this Act, quorum | ||||||
2 | requirements for meetings of members shall be established
by a | ||||||
3 | credit union in its bylaws. Notice of all meetings must be | ||||||
4 | given by
the secretary of the credit union at least 7 days | ||||||
5 | before the date of such
meeting, either by handing a written or | ||||||
6 | printed notice to each
member of the credit union, by mailing | ||||||
7 | the notice to the member at his address
as listed on the books | ||||||
8 | and records of the credit union, or by posting a
notice of the | ||||||
9 | meeting in three conspicuous places, including the office
of | ||||||
10 | the credit union.
| ||||||
11 | (2) On all questions and at all elections, except election | ||||||
12 | of directors,
each member has one vote regardless of the | ||||||
13 | number of his shares. There
shall be no voting by proxy except | ||||||
14 | on the election of directors, proposals
for merger or | ||||||
15 | voluntary dissolution. Members may vote on questions and in | ||||||
16 | elections by secure electronic record if approved by the board | ||||||
17 | of directors. All voting on the election of directors
shall be | ||||||
18 | by ballot, but when there is no contest, written or electronic | ||||||
19 | ballots need not
be cast. The record date to be used for the | ||||||
20 | purpose of determining which
members are entitled to notice of | ||||||
21 | or to vote at any meeting of members,
may be fixed in advance | ||||||
22 | by the directors on a date not more than 90 days
nor less than | ||||||
23 | 10 days prior to the date of the meeting. If no record date
is | ||||||
24 | fixed by the directors, the first day on which notice of the | ||||||
25 | meeting
is given, mailed or posted is the record date.
| ||||||
26 | (3) Regardless of the number of shares owned by a society, |
| |||||||
| |||||||
1 | association,
club, partnership, other credit union or | ||||||
2 | corporation, having membership
in the credit union, it shall | ||||||
3 | be entitled to only
one vote and it may be represented and have | ||||||
4 | its vote cast by its
designated agent acting on its
behalf | ||||||
5 | pursuant
to a resolution
adopted by the organization's board | ||||||
6 | of directors or similar governing
authority;
provided that the | ||||||
7 | credit union shall obtain a certified copy of such resolution
| ||||||
8 | before such vote may be cast. | ||||||
9 | (4) A member may revoke a proxy by delivery to the credit | ||||||
10 | union of a written statement to that effect, by execution of a | ||||||
11 | subsequently dated proxy, by execution of a secure electronic | ||||||
12 | record, or by attendance at a meeting and voting in person.
| ||||||
13 | (5) As used in this Section, "electronic" and "electronic | ||||||
14 | record" have the meanings ascribed to those terms in the | ||||||
15 | Uniform Electronic Transactions Electronic Commerce Security | ||||||
16 | Act. As used in this Section, "secured electronic record" | ||||||
17 | means an electronic record that meets the criteria set forth | ||||||
18 | in Uniform Electronic Transactions Section 10-105 of the | ||||||
19 | Electronic Commerce Security Act. | ||||||
20 | (Source: P.A. 100-361, eff. 8-25-17.)
| ||||||
21 | (205 ILCS 305/20) (from Ch. 17, par. 4421)
| ||||||
22 | Sec. 20. Election or appointment of officials.
| ||||||
23 | (1) The credit union shall
be directed by a board of | ||||||
24 | directors consisting of no less than 7 in number,
to be elected | ||||||
25 | at the annual meeting by and from the members. Directors shall
|
| |||||||
| |||||||
1 | hold office until the next annual meeting, unless their
terms | ||||||
2 | are staggered. Upon amendment of its bylaws, a credit union | ||||||
3 | may divide
the directors into 2 or 3 classes with each class as | ||||||
4 | nearly equal in number as
possible. The term of office of the | ||||||
5 | directors of the first class shall expire
at the first annual | ||||||
6 | meeting after their election, that of the second class
shall
| ||||||
7 | expire at the second annual meeting after their election, and | ||||||
8 | that of the third
class, if any, shall expire at the third | ||||||
9 | annual meeting after their election.
At each annual meeting | ||||||
10 | after the classification, the number of directors equal
to the | ||||||
11 | number of directors whose terms expire at the time of the | ||||||
12 | meeting shall
be elected to hold office until the second | ||||||
13 | succeeding annual meeting if there
are 2 classes or until the | ||||||
14 | third succeeding annual meeting if there are 3
classes. A | ||||||
15 | director shall hold office for the term for which he
or she is | ||||||
16 | elected and until his or her
successor
is elected and | ||||||
17 | qualified. | ||||||
18 | (1.5) Except as provided in subsection (1.10), in all | ||||||
19 | elections for directors, every member
has the right to vote, | ||||||
20 | in person, by proxy, or by secure electronic record if | ||||||
21 | approved by the board of directors, the number of shares owned
| ||||||
22 | by him, or in the case of a member other than a natural person, | ||||||
23 | the member's
one vote, for as many persons as there are | ||||||
24 | directors to be elected, or to
cumulate such shares, and give | ||||||
25 | one candidate as many votes as the number
of directors | ||||||
26 | multiplied by the number of his shares equals, or to |
| |||||||
| |||||||
1 | distribute
them on
the same principle among as many candidates | ||||||
2 | as he may desire and the directors
shall not be elected in any | ||||||
3 | other manner. Shares held in a joint account
owned by more than | ||||||
4 | one member may be voted by any one of the members, however,
the | ||||||
5 | number of cumulative votes cast may not exceed a total equal to | ||||||
6 | the number
of shares multiplied by the number of directors to | ||||||
7 | be elected. A majority of
the shares entitled
to vote shall be | ||||||
8 | represented either in person or by proxy for the election
of | ||||||
9 | directors. Each director shall wholly take and subscribe to an | ||||||
10 | oath
that he will diligently and honestly perform his duties | ||||||
11 | in administering
the affairs of the credit union, that while | ||||||
12 | he may delegate to another the
performance of those | ||||||
13 | administrative duties he is not thereby relieved from
his | ||||||
14 | responsibility for their performance, that he will not | ||||||
15 | knowingly violate
or permit to be violated any law applicable | ||||||
16 | to the credit union,
and that he is the owner of at least one | ||||||
17 | share of the credit union.
| ||||||
18 | (1.10) Upon amendment of a credit union's bylaws approved | ||||||
19 | by the members, in all elections for directors, every member | ||||||
20 | who is a natural person shall have the right to cast one vote, | ||||||
21 | regardless of the number of his or her shares, in person, by | ||||||
22 | proxy, or by secure electronic record if approved by the board | ||||||
23 | of directors, for as many persons as there are directors to be | ||||||
24 | elected.
| ||||||
25 | (1.15) If the board of directors has adopted a policy | ||||||
26 | addressing age eligibility standards on voting, holding |
| |||||||
| |||||||
1 | office, or petitioning the board, then a credit union may | ||||||
2 | require (i) that members be at least 18 years of age by the | ||||||
3 | date of the meeting in order to vote at meetings of the | ||||||
4 | members, sign nominating petitions, or sign petitions | ||||||
5 | requesting special meetings, and (ii) that members be at least | ||||||
6 | 18 years of age by the date of election or appointment in order | ||||||
7 | to hold elective or appointive office. | ||||||
8 | (2) The board of directors shall appoint from among the | ||||||
9 | members of the
credit union, a supervisory committee of not | ||||||
10 | less than 3 members at the
organization meeting and within 30 | ||||||
11 | days following each annual meeting of
the members for such | ||||||
12 | terms as the bylaws provide. Members of the supervisory | ||||||
13 | committee may, but need not be, on the board of directors, but | ||||||
14 | shall not
be officers of the credit union, members of the | ||||||
15 | credit committee,
or the
credit manager if no credit committee | ||||||
16 | has been appointed.
| ||||||
17 | (3) The board of directors may appoint, from among the
| ||||||
18 | members of the
credit union, a credit committee consisting of | ||||||
19 | an odd number, not less than
3 for such terms as the bylaws | ||||||
20 | provide. Members of the credit committee
may, but need not be, | ||||||
21 | directors or officers of the credit union, but shall
not be | ||||||
22 | members of the supervisory committee.
| ||||||
23 | (4) The board of directors may appoint from among the | ||||||
24 | members
of the
credit union a membership committee of one or | ||||||
25 | more persons. If appointed,
the committee shall act
upon all | ||||||
26 | applications for membership and submit a report of its actions
|
| |||||||
| |||||||
1 | to the board of directors at the next regular meeting for
| ||||||
2 | review.
If no membership committee is appointed, credit union | ||||||
3 | management shall act
upon all applications for membership and | ||||||
4 | submit a report of its actions to the board of directors
at the | ||||||
5 | next regular meeting for review.
| ||||||
6 | (5) As used in this Section, "electronic" and "electronic | ||||||
7 | record" have the meanings ascribed to those terms in the | ||||||
8 | Uniform Electronic Transactions Electronic Commerce Security | ||||||
9 | Act. As used in this Section, "secured electronic record" | ||||||
10 | means an electronic record that meets the criteria set forth | ||||||
11 | in Uniform Electronic Transactions Section 10-105 of the | ||||||
12 | Electronic Commerce Security Act. | ||||||
13 | (Source: P.A. 100-361, eff. 8-25-17.)
| ||||||
14 | Section 20.79. The Illinois Insurance Code is amended by | ||||||
15 | changing Sections 143.34 and 513a13 as follows:
| ||||||
16 | (215 ILCS 5/143.34) | ||||||
17 | Sec. 143.34. Electronic notices and documents. | ||||||
18 | (a) As used in this Section: | ||||||
19 | "Delivered by electronic means" includes: | ||||||
20 | (1) delivery to an electronic mail address at which a | ||||||
21 | party has consented to receive notices or documents; or | ||||||
22 | (2) posting on an electronic network or site | ||||||
23 | accessible via the Internet, mobile application, computer, | ||||||
24 | mobile device, tablet, or any other electronic device, |
| |||||||
| |||||||
1 | together with separate notice of the posting, which shall | ||||||
2 | be provided by electronic mail to the address at which the | ||||||
3 | party has consented to receive notice or by any other | ||||||
4 | delivery method that has been consented to by the party. | ||||||
5 | "Party" means any recipient of any notice or document | ||||||
6 | required as part of an insurance transaction, including, but | ||||||
7 | not limited to, an applicant, an insured, a policyholder, or | ||||||
8 | an annuity contract holder. | ||||||
9 | (b) Subject to the requirements of this Section, any | ||||||
10 | notice to a party or any other document required under | ||||||
11 | applicable law in an insurance transaction or that is to serve | ||||||
12 | as evidence of insurance coverage may be delivered, stored, | ||||||
13 | and presented by electronic means so long as it meets the | ||||||
14 | requirements of the Uniform Electronic Transactions Electronic | ||||||
15 | Commerce Security Act. | ||||||
16 | (c) Delivery of a notice or document in accordance with | ||||||
17 | this Section shall be considered equivalent to any delivery | ||||||
18 | method required under applicable law, including delivery by | ||||||
19 | first class mail; first class mail, postage prepaid; certified | ||||||
20 | mail; certificate of mail; or certificate of mailing. | ||||||
21 | (d) A notice or document may be delivered by electronic | ||||||
22 | means by an insurer to a party under this Section if: | ||||||
23 | (1) the party has affirmatively consented to that | ||||||
24 | method of delivery and has not withdrawn the consent; | ||||||
25 | (2) the party, before giving consent, is provided with | ||||||
26 | a clear and conspicuous statement informing the party of: |
| |||||||
| |||||||
1 | (A) the right of the party to withdraw consent to | ||||||
2 | have a notice or document delivered by electronic | ||||||
3 | means, at any time, and any conditions or consequences | ||||||
4 | imposed in the event consent is withdrawn; | ||||||
5 | (B) the types of notices and documents to which | ||||||
6 | the party's consent would apply; | ||||||
7 | (C) the right of a party to have a notice or | ||||||
8 | document delivered in paper form; and | ||||||
9 | (D) the procedures a party must follow to withdraw | ||||||
10 | consent to have a notice or document delivered by | ||||||
11 | electronic means and to update the party's electronic | ||||||
12 | mail address; | ||||||
13 | (3) the party: | ||||||
14 | (A) before giving consent, is provided with a | ||||||
15 | statement of the hardware and software requirements | ||||||
16 | for access to, and retention of, a notice or document | ||||||
17 | delivered by electronic means; and | ||||||
18 | (B) consents electronically, or confirms consent | ||||||
19 | electronically, in a manner that reasonably | ||||||
20 | demonstrates that the party can access information in | ||||||
21 | the electronic form that will be used for notices or | ||||||
22 | documents delivered by electronic means as to which | ||||||
23 | the party has given consent; and | ||||||
24 | (4) after consent of the party is given, the insurer, | ||||||
25 | in the event a change in the hardware or software | ||||||
26 | requirements needed to access or retain a notice or |
| |||||||
| |||||||
1 | document delivered by electronic means creates a material | ||||||
2 | risk that the party will not be able to access or retain a | ||||||
3 | subsequent notice or document to which the consent | ||||||
4 | applies: | ||||||
5 | (A) provides the party with a statement that | ||||||
6 | describes: | ||||||
7 | (i) the revised hardware and software | ||||||
8 | requirements for access to and retention of a | ||||||
9 | notice or document delivered by electronic means; | ||||||
10 | and | ||||||
11 | (ii) the right of the party to withdraw | ||||||
12 | consent without the imposition of any condition or | ||||||
13 | consequence that was not disclosed at the time of | ||||||
14 | initial consent; and | ||||||
15 | (B) complies with paragraph (2) of this subsection | ||||||
16 | (d). | ||||||
17 | (e) Delivery of a notice or document in accordance with | ||||||
18 | this Section does not affect requirements related to content | ||||||
19 | or timing of any notice or document required under applicable | ||||||
20 | law. | ||||||
21 | (f) If a provision of this Section or applicable law | ||||||
22 | requiring a notice or document to be provided to a party | ||||||
23 | expressly requires verification or acknowledgment of receipt | ||||||
24 | of the notice or document, the notice or document may be | ||||||
25 | delivered by electronic means only if the method used provides | ||||||
26 | for verification or acknowledgment of receipt. |
| |||||||
| |||||||
1 | (g) The legal effectiveness, validity, or enforceability | ||||||
2 | of any contract or policy of insurance executed by a party may | ||||||
3 | not be denied solely because of the failure to obtain | ||||||
4 | electronic consent or confirmation of consent of the party in | ||||||
5 | accordance with subparagraph (B) of paragraph (3) of | ||||||
6 | subsection (d) of this Section. | ||||||
7 | (h) A withdrawal of consent by a party does not affect the | ||||||
8 | legal effectiveness, validity, or enforceability of a notice | ||||||
9 | or document delivered by electronic means to the party before | ||||||
10 | the withdrawal of consent is effective. | ||||||
11 | A withdrawal of consent by a party is effective within a | ||||||
12 | reasonable period of time after receipt of the withdrawal by | ||||||
13 | the insurer. | ||||||
14 | Failure by an insurer to comply with paragraph (4) of | ||||||
15 | subsection (d) of this Section and subsection (j) of this | ||||||
16 | Section may be treated, at the election of the party, as a | ||||||
17 | withdrawal of consent for purposes of this Section. | ||||||
18 | (i) This Section does not apply to a notice or document | ||||||
19 | delivered by an insurer in an electronic form before the | ||||||
20 | effective date of this amendatory Act of the 99th General | ||||||
21 | Assembly to a party who, before that date, has consented to | ||||||
22 | receive notice or document in an electronic form otherwise | ||||||
23 | allowed by law. | ||||||
24 | (j) If the consent of a party to receive certain notices or | ||||||
25 | documents in an electronic form is on file with an insurer | ||||||
26 | before the effective date of this amendatory Act of the 99th |
| |||||||
| |||||||
1 | General Assembly and, pursuant to this Section, an insurer | ||||||
2 | intends to deliver additional notices or documents to the | ||||||
3 | party in an electronic form, then prior to delivering such | ||||||
4 | additional notices or documents electronically, the insurer | ||||||
5 | shall: | ||||||
6 | (1) provide the party with a statement that | ||||||
7 | describes: | ||||||
8 | (A) the notices or documents that shall be | ||||||
9 | delivered by electronic means under this Section | ||||||
10 | that were not previously delivered electronically; | ||||||
11 | and | ||||||
12 | (B) the party's right to withdraw consent to | ||||||
13 | have notices or documents delivered by electronic | ||||||
14 | means without the imposition of any condition or | ||||||
15 | consequence that was not disclosed at the time of | ||||||
16 | initial consent; and | ||||||
17 | (2) comply with paragraph (2) of subsection (d) of | ||||||
18 | this Section. | ||||||
19 | (k) An insurer shall deliver a notice or document by any | ||||||
20 | other delivery method permitted by law other than electronic | ||||||
21 | means if: | ||||||
22 | (1) the insurer attempts to deliver the notice or | ||||||
23 | document by electronic means and has a reasonable basis | ||||||
24 | for believing that the notice or document has not been | ||||||
25 | received by the party; or | ||||||
26 | (2) the insurer becomes aware that the electronic mail |
| |||||||
| |||||||
1 | address provided by the party is no longer valid. | ||||||
2 | (l) A producer shall not be subject to civil liability for | ||||||
3 | any harm or injury that occurs as a result of a party's | ||||||
4 | election to receive any notice or document by electronic means | ||||||
5 | or by an insurer's failure to deliver a notice or document by | ||||||
6 | electronic means unless the harm or injury is caused by the | ||||||
7 | willful and wanton misconduct of the producer. | ||||||
8 | (m) This Section shall not be construed to modify, limit, | ||||||
9 | or supersede the provisions of the federal Electronic | ||||||
10 | Signatures in Global and National Commerce Act, as amended. | ||||||
11 | (n) Nothing in this Section shall prevent an insurer from | ||||||
12 | posting on the insurer's Internet site any standard policy and | ||||||
13 | any endorsements to such a policy that does not contain | ||||||
14 | personally identifiable information, in accordance with | ||||||
15 | Section 143.33 of this Code, in lieu of delivery to a | ||||||
16 | policyholder, insured, or applicant for insurance by any other | ||||||
17 | method.
| ||||||
18 | (Source: P.A. 99-167, eff. 1-1-16 .)
| ||||||
19 | (215 ILCS 5/513a13) | ||||||
20 | Sec. 513a13. Electronic delivery of notices and documents. | ||||||
21 | (a) As used in this Section: | ||||||
22 | "Delivered by electronic means" includes: | ||||||
23 | (1) delivery to an electronic mail address at which a | ||||||
24 | party has consented to receive notices or documents; or | ||||||
25 | (2) posting on an electronic network or site |
| |||||||
| |||||||
1 | accessible via the Internet, mobile application, computer, | ||||||
2 | mobile device, tablet, or any other electronic device, | ||||||
3 | together with separate notice of the posting, which shall | ||||||
4 | be provided by electronic mail to the address at which the | ||||||
5 | party has consented to receive notice or by any other | ||||||
6 | delivery method that has been consented to by the party. | ||||||
7 | "Party" means any recipient of any notice or document | ||||||
8 | required as part of a premium finance agreement including, but | ||||||
9 | not limited to, an applicant or contracting party. For the | ||||||
10 | purposes of this Section, "party" includes the producer of | ||||||
11 | record. | ||||||
12 | (b) Subject to the requirements of this Section, any | ||||||
13 | notice to a party or any other document required under | ||||||
14 | applicable law in a premium finance agreement or that is to | ||||||
15 | serve as evidence of a premium finance agreement may be | ||||||
16 | delivered, stored, and presented by electronic means so long | ||||||
17 | as it meets the requirements of the Uniform Electronic | ||||||
18 | Transactions Electronic Commerce Security Act. | ||||||
19 | (c) Delivery of a notice or document in accordance with | ||||||
20 | this Section shall be considered equivalent to delivery by | ||||||
21 | first class mail or first class mail, postage prepaid. | ||||||
22 | (d) A notice or document may be delivered by electronic | ||||||
23 | means by a premium finance company to a party under this | ||||||
24 | Section if: | ||||||
25 | (1) the party has affirmatively consented to that | ||||||
26 | method of delivery and has not withdrawn the consent; |
| |||||||
| |||||||
1 | (2) the party, before giving consent, is provided with | ||||||
2 | a clear and conspicuous statement informing the party of: | ||||||
3 | (A) the right of the party to withdraw consent to | ||||||
4 | have a notice or document delivered by electronic | ||||||
5 | means, at any time, and any conditions or consequences | ||||||
6 | imposed in the event consent is withdrawn; | ||||||
7 | (B) the types of notices and documents to which | ||||||
8 | the party's consent would apply; | ||||||
9 | (C) the right of a party to have a notice or | ||||||
10 | document delivered in paper form; and | ||||||
11 | (D) the procedures a party must follow to withdraw | ||||||
12 | consent to have a notice or document delivered by | ||||||
13 | electronic means and to update the party's electronic | ||||||
14 | mail address; | ||||||
15 | (3) the party: | ||||||
16 | (A) before giving consent, is provided with a | ||||||
17 | statement of the hardware and software requirements | ||||||
18 | for access to, and retention of, a notice or document | ||||||
19 | delivered by electronic means; and | ||||||
20 | (B) consents electronically, or confirms consent | ||||||
21 | electronically, in a manner that reasonably | ||||||
22 | demonstrates that the party can access information in | ||||||
23 | the electronic form that will be used for notices or | ||||||
24 | documents delivered by electronic means as to which | ||||||
25 | the party has given consent; and | ||||||
26 | (4) after consent of the party is given, the premium |
| |||||||
| |||||||
1 | finance company, in the event a change in the hardware or | ||||||
2 | software requirements needed to access or retain a notice | ||||||
3 | or document delivered by electronic means creates a | ||||||
4 | material risk that the party will not be able to access or | ||||||
5 | retain a subsequent notice or document to which the | ||||||
6 | consent applies: | ||||||
7 | (A) provides the party with a statement that | ||||||
8 | describes: | ||||||
9 | (i) the revised hardware and software | ||||||
10 | requirements for access to and retention of a | ||||||
11 | notice or document delivered by electronic means; | ||||||
12 | and | ||||||
13 | (ii) the right of the party to withdraw | ||||||
14 | consent without the imposition of any condition or | ||||||
15 | consequence that was not disclosed at the time of | ||||||
16 | initial consent; and | ||||||
17 | (B) complies with paragraph (2) of this subsection | ||||||
18 | (d). | ||||||
19 | (e) Delivery of a notice or document in accordance with | ||||||
20 | this Section does not affect requirements related to content | ||||||
21 | or timing of any notice or document required under applicable | ||||||
22 | law. | ||||||
23 | (f) The legal effectiveness, validity, or enforceability | ||||||
24 | of any premium finance agreement executed by a party may not be | ||||||
25 | denied solely because of the failure to obtain electronic | ||||||
26 | consent or confirmation of consent of the party in accordance |
| |||||||
| |||||||
1 | with subparagraph (B) of paragraph (3) of subsection (d) of | ||||||
2 | this Section. | ||||||
3 | (g) A withdrawal of consent by a party does not affect the | ||||||
4 | legal effectiveness, validity, or enforceability of a notice | ||||||
5 | or document delivered by electronic means to the party before | ||||||
6 | the withdrawal of consent is effective. | ||||||
7 | A withdrawal of consent by a party is effective within a | ||||||
8 | reasonable period of time after receipt of the withdrawal by | ||||||
9 | the premium finance company. | ||||||
10 | Failure by a premium finance company to comply with | ||||||
11 | paragraph (4) of subsection (d) of this Section and subsection | ||||||
12 | (j) of this Section may be treated, at the election of the | ||||||
13 | party, as a withdrawal of consent for purposes of this | ||||||
14 | Section. | ||||||
15 | (h) This Section does not apply to a notice or document | ||||||
16 | delivered by a premium finance company in an electronic form | ||||||
17 | before the effective date of this amendatory Act of the 100th | ||||||
18 | General Assembly to a party who, before that date, has | ||||||
19 | consented to receive notice or document in an electronic form | ||||||
20 | otherwise allowed by law. | ||||||
21 | (i) If the consent of a party to receive certain notices or | ||||||
22 | documents in an electronic form is on file with a premium | ||||||
23 | finance company before the effective date of this amendatory | ||||||
24 | Act of the 100th General Assembly and, pursuant to this | ||||||
25 | Section, a premium finance company intends to deliver | ||||||
26 | additional notices or documents to the party in an electronic |
| |||||||
| |||||||
1 | form, then prior to delivering such additional notices or | ||||||
2 | documents electronically, the premium finance company shall: | ||||||
3 | (1) provide the party with a statement that | ||||||
4 | describes: | ||||||
5 | (A) the notices or documents that shall be | ||||||
6 | delivered by electronic means under this Section | ||||||
7 | that were not previously delivered electronically; | ||||||
8 | and | ||||||
9 | (B) the party's right to withdraw consent to | ||||||
10 | have notices or documents delivered by electronic | ||||||
11 | means without the imposition of any condition or | ||||||
12 | consequence that was not disclosed at the time of | ||||||
13 | initial consent; and | ||||||
14 | (2) comply with paragraph (2) of subsection (d) of | ||||||
15 | this Section. | ||||||
16 | (j) A premium finance company shall deliver a notice or | ||||||
17 | document by any other delivery method permitted by law other | ||||||
18 | than electronic means if: | ||||||
19 | (1) the premium finance company attempts to deliver | ||||||
20 | the notice or document by electronic means and has a | ||||||
21 | reasonable basis for believing that the notice or document | ||||||
22 | has not been received by the party; or | ||||||
23 | (2) the premium finance company becomes aware that the | ||||||
24 | electronic mail address provided by the party is no longer | ||||||
25 | valid. | ||||||
26 | (k) The producer of record shall not be subject to civil |
| |||||||
| |||||||
1 | liability for any harm or injury that occurs as a result of a | ||||||
2 | party's election to receive any notice or document by | ||||||
3 | electronic means or by a premium finance company's failure to | ||||||
4 | deliver a notice or document by electronic means unless the | ||||||
5 | harm or injury is caused by the willful and wanton misconduct | ||||||
6 | of the producer of record. | ||||||
7 | (l) This Section shall not be construed to modify, limit, | ||||||
8 | or supersede the provisions of the federal Electronic | ||||||
9 | Signatures in Global and National Commerce Act, as amended.
| ||||||
10 | (Source: P.A. 100-495, eff. 1-1-18 .)
| ||||||
11 | Section 20.80. The Find Our Children Act is amended by | ||||||
12 | changing Section 5 as follows:
| ||||||
13 | (325 ILCS 57/5)
| ||||||
14 | Sec. 5. State agency webpage requirements. | ||||||
15 | (a) Each State agency that maintains an Internet website | ||||||
16 | must include a hypertext link to the homepage website | ||||||
17 | maintained and operated by the National Center For Missing And | ||||||
18 | Exploited Children. | ||||||
19 | (b) Each State agency that maintains an Internet website | ||||||
20 | must include a hypertext link to any State agency website that | ||||||
21 | posts information concerning AMBER alerts or similar | ||||||
22 | broadcasts concerning missing children. | ||||||
23 | (c) For the purpose of this Act, "State agency" has the | ||||||
24 | meaning ascribed to the term "governmental agency" under the |
| |||||||
| |||||||
1 | Uniform Electronic Transactions set forth in Section 5-105 of | ||||||
2 | the Electronic Commerce Security Act.
| ||||||
3 | (Source: P.A. 94-484, eff. 8-8-05.)
| ||||||
4 | Section 20.81. The Criminal Code of 2012 is amended by | ||||||
5 | changing Section 17-3 as follows:
| ||||||
6 | (720 ILCS 5/17-3) (from Ch. 38, par. 17-3)
| ||||||
7 | Sec. 17-3. Forgery.
| ||||||
8 | (a) A person commits forgery when, with intent to defraud, | ||||||
9 | he or she knowingly:
| ||||||
10 | (1) makes a false document or alters any document to | ||||||
11 | make it false and that document is apparently capable of | ||||||
12 | defrauding
another; or
| ||||||
13 | (2) issues or delivers such document knowing it to | ||||||
14 | have been thus
made or altered; or
| ||||||
15 | (3) possesses, with intent to issue or deliver, any | ||||||
16 | such document
knowing it to have been thus made or | ||||||
17 | altered; or
| ||||||
18 | (4) unlawfully uses the digital signature, as defined | ||||||
19 | in the Financial
Institutions Electronic Documents and | ||||||
20 | Digital Signature Act, of another; or
| ||||||
21 | (5) unlawfully creates uses the signature device of | ||||||
22 | another to create
an electronic signature of another that | ||||||
23 | other person, as that term is those terms are defined in | ||||||
24 | the Uniform Electronic Transactions
Electronic Commerce |
| |||||||
| |||||||
1 | Security Act.
| ||||||
2 | (b) (Blank).
| ||||||
3 | (c) A document apparently capable of defrauding another | ||||||
4 | includes, but is
not limited to, one by which any right, | ||||||
5 | obligation or power with reference
to any person or property | ||||||
6 | may be created, transferred, altered or
terminated. A document | ||||||
7 | includes any record or electronic record as those
terms are | ||||||
8 | defined in the Electronic Commerce Security Act. For purposes | ||||||
9 | of this Section, a document also includes a Universal Price | ||||||
10 | Code Label or coin.
| ||||||
11 | (c-5) For purposes of this Section, "false document" or | ||||||
12 | "document that is false" includes, but is not limited to, a | ||||||
13 | document whose contents are false in some material way, or | ||||||
14 | that purports to have been made by another or at another time, | ||||||
15 | or with different provisions, or by authority of one who did | ||||||
16 | not give such authority. | ||||||
17 | (d) Sentence.
| ||||||
18 | (1) Except as provided in paragraphs (2) and (3), | ||||||
19 | forgery is a Class 3 felony. | ||||||
20 | (2) Forgery is a Class 4 felony when only one | ||||||
21 | Universal Price Code Label is forged. | ||||||
22 | (3) Forgery is a Class A misdemeanor when an academic | ||||||
23 | degree or coin is forged.
| ||||||
24 | (e) It is not a violation of this Section if a false | ||||||
25 | academic degree explicitly states "for novelty purposes only". | ||||||
26 | (Source: P.A. 96-1551, eff. 7-1-11; 97-231, eff. 1-1-12; |
| |||||||
| |||||||
1 | 97-1109, eff. 1-1-13.)
| ||||||
2 | Section 20.82. The Illinois Living Will Act is amended by | ||||||
3 | changing Sections 5 and 9 as follows:
| ||||||
4 | (755 ILCS 35/5) (from Ch. 110 1/2, par. 705)
| ||||||
5 | Sec. 5. Revocation. | ||||||
6 | (a) A declaration may be revoked at any time by
the | ||||||
7 | declarant, without regard to declarant's mental or physical | ||||||
8 | condition,
by any of the following methods:
| ||||||
9 | (1) By being obliterated, burnt, torn or otherwise | ||||||
10 | destroyed or defaced
in a manner indicating intention to | ||||||
11 | cancel;
| ||||||
12 | (2) By a written revocation of the declaration signed | ||||||
13 | and dated by the
declarant or person acting at the | ||||||
14 | direction of the declarant, regardless of whether the | ||||||
15 | written revocation is in electronic or hard copy format;
| ||||||
16 | (3) By an oral or any other expression of the intent to | ||||||
17 | revoke the
declaration, in the presence of a witness 18 | ||||||
18 | years of age or older who
signs and dates a writing | ||||||
19 | confirming that such expression of intent was made; or
| ||||||
20 | (4) For an electronic declaration, by deleting in a | ||||||
21 | manner indicating the intention to revoke. An electronic | ||||||
22 | declaration may be revoked electronically using a generic, | ||||||
23 | technology-neutral system in which each user is assigned a | ||||||
24 | unique identifier that is securely maintained and in a |
| |||||||
| |||||||
1 | manner that meets the regulatory requirements for a | ||||||
2 | digital or electronic signature. Compliance with the | ||||||
3 | standards defined in the Uniform Electronic Transactions | ||||||
4 | Electronic Commerce Security Act or the implementing rules | ||||||
5 | of the Hospital Licensing Act for medical record entry | ||||||
6 | authentication for author validation of the documentation, | ||||||
7 | content accuracy, and completeness meets this standard. | ||||||
8 | (b) A revocation is effective upon communication to the | ||||||
9 | attending
physician by the declarant or by another who
| ||||||
10 | witnessed the revocation. The attending physician shall record | ||||||
11 | in
the patient's medical record the time and date when and
the | ||||||
12 | place where he or she received notification of the revocation.
| ||||||
13 | (c) There shall be no criminal or civil liability on the
| ||||||
14 | part of any person for failure to act upon a revocation made | ||||||
15 | pursuant to
this Section unless that person has actual | ||||||
16 | knowledge of the revocation.
| ||||||
17 | (Source: P.A. 101-163, eff. 1-1-20 .)
| ||||||
18 | (755 ILCS 35/9) (from Ch. 110 1/2, par. 709)
| ||||||
19 | Sec. 9. General provisions. | ||||||
20 | (a) The withholding or withdrawal of
death delaying | ||||||
21 | procedures from a qualified patient in accordance with the
| ||||||
22 | provisions of this Act shall not, for any purpose, constitute | ||||||
23 | a suicide.
| ||||||
24 | (b) The making of a declaration pursuant to Section 3 | ||||||
25 | shall not affect
in any manner the sale, procurement, or |
| |||||||
| |||||||
1 | issuance of any policy of life
insurance, nor shall it be | ||||||
2 | deemed to modify the terms of an existing policy
of life | ||||||
3 | insurance. No policy of life insurance shall be legally | ||||||
4 | impaired
or invalidated in any manner by the withholding or | ||||||
5 | withdrawal of death
delaying procedures from an insured | ||||||
6 | qualified patient, notwithstanding any
term of the policy to | ||||||
7 | the contrary.
| ||||||
8 | (c) No physician, health care facility, or other health | ||||||
9 | care provider,
and no health care service plan, health | ||||||
10 | maintenance organization, insurer
issuing disability | ||||||
11 | insurance, self-insured employee welfare benefit plan,
| ||||||
12 | nonprofit medical service corporation or mutual nonprofit | ||||||
13 | hospital service
corporation shall require any person to | ||||||
14 | execute a declaration as a
condition for being insured for, or | ||||||
15 | receiving, health care services.
| ||||||
16 | (d) Nothing in this Act shall impair or supersede any | ||||||
17 | legal right or legal
responsibility which any person may have | ||||||
18 | to effect the withholding or
withdrawal of death delaying | ||||||
19 | procedures in any lawful manner. In such
respect the | ||||||
20 | provisions of this Act are cumulative.
| ||||||
21 | (e) This Act shall create no presumption concerning the | ||||||
22 | intention of an
individual who has not executed a declaration | ||||||
23 | to consent to the use or
withholding of death delaying | ||||||
24 | procedures in the event of a terminal condition.
| ||||||
25 | (f) Nothing in this Act shall be construed to condone, | ||||||
26 | authorize or approve
mercy killing or to permit any |
| |||||||
| |||||||
1 | affirmative or deliberate act or omission
to end life other | ||||||
2 | than to permit the natural process of dying as provided in this | ||||||
3 | Act.
| ||||||
4 | (g) An instrument executed before the effective date of | ||||||
5 | this Act
that substantially complies with subsection (e) of | ||||||
6 | Section 3 shall be given
effect pursuant to the provisions of | ||||||
7 | this Act.
| ||||||
8 | (h) A declaration executed in another state in compliance | ||||||
9 | with the
law of that state or this State is validly executed | ||||||
10 | for purposes of this
Act, and such declaration shall be | ||||||
11 | applied in accordance with the
provisions of this Act.
| ||||||
12 | (i) Documents, writings, forms, and copies referred to in | ||||||
13 | this Act may be in hard copy or electronic format. Nothing in | ||||||
14 | this Act is intended to prevent the population of a | ||||||
15 | declaration, document, writing, or form with electronic data. | ||||||
16 | Electronic documents under this Act may be created, signed, or | ||||||
17 | revoked electronically using a generic, technology-neutral | ||||||
18 | system in which each user is assigned a unique identifier that | ||||||
19 | is securely maintained and in a manner that meets the | ||||||
20 | regulatory requirements for a digital or electronic signature. | ||||||
21 | Compliance with the standards defined in the Uniform | ||||||
22 | Electronic Transactions Electronic Commerce Security Act or | ||||||
23 | the implementing rules of the Hospital Licensing Act for | ||||||
24 | medical record entry authentication for author validation of | ||||||
25 | the documentation, content accuracy, and completeness meets | ||||||
26 | this standard. |
| |||||||
| |||||||
1 | (Source: P.A. 101-163, eff. 1-1-20 .)
| ||||||
2 | Section 20.83. The Health Care Surrogate Act is amended by | ||||||
3 | changing Section 70 as follows:
| ||||||
4 | (755 ILCS 40/70) | ||||||
5 | Sec. 70. Format. The affidavit, medical record, documents, | ||||||
6 | and forms referred to in this Act may be in hard copy or | ||||||
7 | electronic format. Nothing in this Act is intended to prevent | ||||||
8 | the population of an affidavit, medical record, document, or | ||||||
9 | form with electronic data. A living will, mental health | ||||||
10 | treatment preferences declaration, practitioner orders for | ||||||
11 | life-sustaining treatment (POLST), or power of attorney for | ||||||
12 | health care that is populated with electronic data is | ||||||
13 | operative. Electronic documents under this Act may be created, | ||||||
14 | signed, or revoked electronically using a generic, | ||||||
15 | technology-neutral system in which each user is assigned a | ||||||
16 | unique identifier that is securely maintained and in a manner | ||||||
17 | that meets the regulatory requirements for a digital or | ||||||
18 | electronic signature. Compliance with the standards defined in | ||||||
19 | the Uniform Electronic Transactions Electronic Commerce | ||||||
20 | Security Act or the implementing rules of the Hospital | ||||||
21 | Licensing Act for medical record entry authentication for | ||||||
22 | author validation of the documentation, content accuracy, and | ||||||
23 | completeness meets this standard.
| ||||||
24 | (Source: P.A. 101-163, eff. 1-1-20 .)
|
| |||||||
| |||||||
1 | Section 20.84. The Mental Health Treatment Preference | ||||||
2 | Declaration Act is amended by changing Sections 20 and 50 as | ||||||
3 | follows:
| ||||||
4 | (755 ILCS 43/20)
| ||||||
5 | Sec. 20. Signatures required. | ||||||
6 | (a) A declaration is effective only if it is
signed by the | ||||||
7 | principal, and 2 competent adult witnesses. The witnesses must
| ||||||
8 | attest that the principal is known to them, signed the | ||||||
9 | declaration in their
presence and appears to be of sound mind | ||||||
10 | and not under duress, fraud or undue
influence. Persons | ||||||
11 | specified in Section 65 of this Act may not act as
witnesses.
| ||||||
12 | (b) The signature and execution requirements set forth in | ||||||
13 | this Act are satisfied by: (i) written signatures or initials; | ||||||
14 | or (ii) electronic signatures or computer-generated signature | ||||||
15 | codes. Electronic documents under this Act may be created, | ||||||
16 | signed, or revoked electronically using a generic, | ||||||
17 | technology-neutral system in which each user is assigned a | ||||||
18 | unique identifier that is securely maintained and in a manner | ||||||
19 | that meets the regulatory requirements for a digital or | ||||||
20 | electronic signature. Compliance with the standards defined in | ||||||
21 | the Uniform Electronic Transactions Electronic Commerce | ||||||
22 | Security Act or the implementing rules of the Hospital | ||||||
23 | Licensing Act for medical record entry authentication for | ||||||
24 | author validation of the documentation, content accuracy, and |
| |||||||
| |||||||
1 | completeness meets this standard. | ||||||
2 | (Source: P.A. 101-163, eff. 1-1-20 .)
| ||||||
3 | (755 ILCS 43/50)
| ||||||
4 | Sec. 50. Revocation. A declaration may be revoked in whole | ||||||
5 | or in part by
written statement at any time by the principal if | ||||||
6 | the principal is not
incapable, regardless of whether the | ||||||
7 | written revocation is in an electronic or hard copy format. A | ||||||
8 | written statement of revocation is effective when signed by | ||||||
9 | the
principal and a physician and the principal delivers the | ||||||
10 | revocation to the
attending physician. An electronic | ||||||
11 | declaration may be revoked electronically using a generic, | ||||||
12 | technology-neutral system in which each user is assigned a | ||||||
13 | unique identifier that is securely maintained and in a manner | ||||||
14 | that meets the regulatory requirements for a digital or | ||||||
15 | electronic signature. Compliance with the standards defined in | ||||||
16 | the Uniform Electronic Transactions Electronic Commerce | ||||||
17 | Security Act or the implementing rules of the Hospital | ||||||
18 | Licensing Act for medical record entry authentication for | ||||||
19 | author validation of the documentation, content accuracy, and | ||||||
20 | completeness meets this standard. The attending physician | ||||||
21 | shall note the revocation as part
of the principal's medical | ||||||
22 | record.
| ||||||
23 | (Source: P.A. 101-163, eff. 1-1-20 .)
| ||||||
24 | Section 20.85. The Illinois Power of Attorney Act is |
| |||||||
| |||||||
1 | amended by changing Sections 4-6 and 4-10 as follows:
| ||||||
2 | (755 ILCS 45/4-6) (from Ch. 110 1/2, par. 804-6)
| ||||||
3 | Sec. 4-6. Revocation and amendment of health care | ||||||
4 | agencies.
| ||||||
5 | (a) Every health care agency may be revoked by the | ||||||
6 | principal at any
time, without regard to the principal's | ||||||
7 | mental or physical condition, by
any of the following methods:
| ||||||
8 | 1. By being obliterated, burnt, torn or otherwise | ||||||
9 | destroyed or defaced
in a manner indicating intention to | ||||||
10 | revoke;
| ||||||
11 | 2. By a written revocation of the agency signed and | ||||||
12 | dated by the
principal or person acting at the direction | ||||||
13 | of the principal, regardless of whether the written | ||||||
14 | revocation is in an electronic or hard copy format;
| ||||||
15 | 3. By an oral or any other expression of the intent to | ||||||
16 | revoke the agency
in the presence of a witness 18 years of | ||||||
17 | age or older who signs and dates a
writing confirming that | ||||||
18 | such expression of intent was made; or
| ||||||
19 | 4. For an electronic health care agency, by deleting | ||||||
20 | in a manner indicating the intention to revoke. An | ||||||
21 | electronic health care agency may be revoked | ||||||
22 | electronically using a generic, technology-neutral system | ||||||
23 | in which each user is assigned a unique identifier that is | ||||||
24 | securely maintained and in a manner that meets the | ||||||
25 | regulatory requirements for a digital or electronic |
| |||||||
| |||||||
1 | signature. Compliance with the standards defined in the | ||||||
2 | Uniform Electronic Transactions Electronic Commerce | ||||||
3 | Security Act or the implementing rules of the Hospital | ||||||
4 | Licensing Act for medical record entry authentication for | ||||||
5 | author validation of the documentation, content accuracy, | ||||||
6 | and completeness meets this standard. | ||||||
7 | (b) Every health care agency may be amended at any time by | ||||||
8 | a written
amendment signed and dated by the principal or | ||||||
9 | person acting at the
direction of the principal.
| ||||||
10 | (c) Any person, other than the agent, to whom a revocation | ||||||
11 | or amendment is
communicated or delivered shall make all | ||||||
12 | reasonable efforts to inform the
agent of that fact as | ||||||
13 | promptly as possible.
| ||||||
14 | (Source: P.A. 101-163, eff. 1-1-20 .)
| ||||||
15 | (755 ILCS 45/4-10) (from Ch. 110 1/2, par. 804-10)
| ||||||
16 | Sec. 4-10. Statutory short form power of attorney for | ||||||
17 | health care.
| ||||||
18 | (a) The form prescribed in this Section (sometimes also | ||||||
19 | referred to in this Act as the
"statutory health care power") | ||||||
20 | may be used to grant an agent powers with
respect to the | ||||||
21 | principal's own health care; but the statutory health care
| ||||||
22 | power is not intended to be exclusive nor to cover delegation | ||||||
23 | of a parent's
power to control the health care of a minor | ||||||
24 | child, and no provision of this
Article shall be construed to | ||||||
25 | invalidate or bar use by the principal of any
other or
|
| |||||||
| |||||||
1 | different form of power of attorney for health care. | ||||||
2 | Nonstatutory health
care powers must be
executed by the | ||||||
3 | principal, designate the agent and the agent's powers, and
| ||||||
4 | comply with the limitations in Section 4-5 of this Article, | ||||||
5 | but they need not be witnessed or
conform in any other respect | ||||||
6 | to the statutory health care power. | ||||||
7 | No specific format is required for the statutory health | ||||||
8 | care power of attorney other than the notice must precede the | ||||||
9 | form. The statutory health care power may be included in or
| ||||||
10 | combined with any
other form of power of attorney governing | ||||||
11 | property or other matters.
| ||||||
12 | The signature and execution requirements set forth in this | ||||||
13 | Article are satisfied by: (i) written signatures or initials; | ||||||
14 | or (ii) electronic signatures or computer-generated signature | ||||||
15 | codes. Electronic documents under this Act may be created, | ||||||
16 | signed, or revoked electronically using a generic, | ||||||
17 | technology-neutral system in which each user is assigned a | ||||||
18 | unique identifier that is securely maintained and in a manner | ||||||
19 | that meets the regulatory requirements for a digital or | ||||||
20 | electronic signature. Compliance with the standards defined in | ||||||
21 | the Uniform Electronic Transactions Electronic Commerce | ||||||
22 | Security Act or the implementing rules of the Hospital | ||||||
23 | Licensing Act for medical record entry authentication for | ||||||
24 | author validation of the documentation, content accuracy, and | ||||||
25 | completeness meets this standard. | ||||||
26 | (b) The Illinois Statutory Short Form Power of Attorney |
| |||||||
| |||||||
1 | for Health Care shall be substantially as follows:
| ||||||
2 | NOTICE TO THE INDIVIDUAL SIGNING | ||||||
3 | THE POWER OF ATTORNEY FOR HEALTH CARE | ||||||
4 | No one can predict when a serious illness or accident | ||||||
5 | might occur. When it does, you may need someone else to speak | ||||||
6 | or make health care decisions for you. If you plan now, you can | ||||||
7 | increase the chances that the medical treatment you get will | ||||||
8 | be the treatment you want. | ||||||
9 | In Illinois, you can choose someone to be your "health | ||||||
10 | care agent". Your agent is the person you trust to make health | ||||||
11 | care decisions for you if you are unable or do not want to make | ||||||
12 | them yourself. These decisions should be based on your | ||||||
13 | personal values and wishes. | ||||||
14 | It is important to put your choice of agent in writing. The | ||||||
15 | written form is often called an "advance directive". You may | ||||||
16 | use this form or another form, as long as it meets the legal | ||||||
17 | requirements of Illinois. There are many written and on-line | ||||||
18 | resources to guide you and your loved ones in having a | ||||||
19 | conversation about these issues. You may find it helpful to | ||||||
20 | look at these resources while thinking about and discussing | ||||||
21 | your advance directive.
| ||||||
22 | WHAT ARE THE THINGS I WANT MY | ||||||
23 | HEALTH CARE AGENT TO KNOW? | ||||||
24 | The selection of your agent should be considered |
| |||||||
| |||||||
1 | carefully, as your agent will have the ultimate | ||||||
2 | decision-making authority once this document goes into effect, | ||||||
3 | in most instances after you are no longer able to make your own | ||||||
4 | decisions. While the goal is for your agent to make decisions | ||||||
5 | in keeping with your preferences and in the majority of | ||||||
6 | circumstances that is what happens, please know that the law | ||||||
7 | does allow your agent to make decisions to direct or refuse | ||||||
8 | health care interventions or withdraw treatment. Your agent | ||||||
9 | will need to think about conversations you have had, your | ||||||
10 | personality, and how you handled important health care issues | ||||||
11 | in the past. Therefore, it is important to talk with your agent | ||||||
12 | and your family about such things as: | ||||||
13 | (i) What is most important to you in your life? | ||||||
14 | (ii) How important is it to you to avoid pain and | ||||||
15 | suffering? | ||||||
16 | (iii) If you had to choose, is it more important to you | ||||||
17 | to live as long as possible, or to avoid prolonged | ||||||
18 | suffering or disability? | ||||||
19 | (iv) Would you rather be at home or in a hospital for | ||||||
20 | the last days or weeks of your life? | ||||||
21 | (v) Do you have religious, spiritual, or cultural | ||||||
22 | beliefs that you want your agent and others to consider? | ||||||
23 | (vi) Do you wish to make a significant contribution to | ||||||
24 | medical science after your death through organ or whole | ||||||
25 | body donation? | ||||||
26 | (vii) Do you have an existing advance directive, such |
| |||||||
| |||||||
1 | as a living will, that contains your specific wishes about | ||||||
2 | health care that is only delaying your death? If you have | ||||||
3 | another advance directive, make sure to discuss with your | ||||||
4 | agent the directive and the treatment decisions contained | ||||||
5 | within that outline your preferences. Make sure that your | ||||||
6 | agent agrees to honor the wishes expressed in your advance | ||||||
7 | directive.
| ||||||
8 | WHAT KIND OF DECISIONS CAN MY AGENT MAKE? | ||||||
9 | If there is ever a period of time when your physician | ||||||
10 | determines that you cannot make your own health care | ||||||
11 | decisions, or if you do not want to make your own decisions, | ||||||
12 | some of the decisions your agent could make are to: | ||||||
13 | (i) talk with physicians and other health care | ||||||
14 | providers about your condition. | ||||||
15 | (ii) see medical records and approve who else can see | ||||||
16 | them. | ||||||
17 | (iii) give permission for medical tests, medicines, | ||||||
18 | surgery, or other treatments. | ||||||
19 | (iv) choose where you receive care and which | ||||||
20 | physicians and others provide it. | ||||||
21 | (v) decide to accept, withdraw, or decline treatments | ||||||
22 | designed to keep you alive if you are near death or not | ||||||
23 | likely to recover. You may choose to include guidelines | ||||||
24 | and/or restrictions to your agent's authority. | ||||||
25 | (vi) agree or decline to donate your organs or your |
| |||||||
| |||||||
1 | whole body if you have not already made this decision | ||||||
2 | yourself. This could include donation for transplant, | ||||||
3 | research, and/or education. You should let your agent know | ||||||
4 | whether you are registered as a donor in the First Person | ||||||
5 | Consent registry maintained by the Illinois Secretary of | ||||||
6 | State or whether you have agreed to donate your whole body | ||||||
7 | for medical research and/or education. | ||||||
8 | (vii) decide what to do with your remains after you | ||||||
9 | have died, if you have not already made plans. | ||||||
10 | (viii) talk with your other loved ones to help come to | ||||||
11 | a decision (but your designated agent will have the final | ||||||
12 | say over your other loved ones). | ||||||
13 | Your agent is not automatically responsible for your | ||||||
14 | health care expenses.
| ||||||
15 | WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT? | ||||||
16 | You can pick a family member, but you do not have to. Your | ||||||
17 | agent will have the responsibility to make medical treatment | ||||||
18 | decisions, even if other people close to you might urge a | ||||||
19 | different decision. The selection of your agent should be done | ||||||
20 | carefully, as he or she will have ultimate decision-making | ||||||
21 | authority for your treatment decisions once you are no longer | ||||||
22 | able to voice your preferences. Choose a family member, | ||||||
23 | friend, or other person who: | ||||||
24 | (i) is at least 18 years old; | ||||||
25 | (ii) knows you well; |
| |||||||
| |||||||
1 | (iii) you trust to do what is best for you and is | ||||||
2 | willing to carry out your wishes, even if he or she may not | ||||||
3 | agree with your wishes; | ||||||
4 | (iv) would be comfortable talking with and questioning | ||||||
5 | your physicians and other health care providers; | ||||||
6 | (v) would not be too upset to carry out your wishes if | ||||||
7 | you became very sick; and | ||||||
8 | (vi) can be there for you when you need it and is | ||||||
9 | willing to accept this important role.
| ||||||
10 | WHAT IF MY AGENT IS NOT AVAILABLE OR IS | ||||||
11 | UNWILLING TO MAKE DECISIONS FOR ME? | ||||||
12 | If the person who is your first choice is unable to carry | ||||||
13 | out this role, then the second agent you chose will make the | ||||||
14 | decisions; if your second agent is not available, then the | ||||||
15 | third agent you chose will make the decisions. The second and | ||||||
16 | third agents are called your successor agents and they | ||||||
17 | function as back-up agents to your first choice agent and may | ||||||
18 | act only one at a time and in the order you list them.
| ||||||
19 | WHAT WILL HAPPEN IF I DO NOT | ||||||
20 | CHOOSE A HEALTH CARE AGENT? | ||||||
21 | If you become unable to make your own health care | ||||||
22 | decisions and have not named an agent in writing, your | ||||||
23 | physician and other health care providers will ask a family | ||||||
24 | member, friend, or guardian to make decisions for you. In |
| |||||||
| |||||||
1 | Illinois, a law directs which of these individuals will be | ||||||
2 | consulted. In that law, each of these individuals is called a | ||||||
3 | "surrogate". | ||||||
4 | There are reasons why you may want to name an agent rather | ||||||
5 | than rely on a surrogate: | ||||||
6 | (i) The person or people listed by this law may not be | ||||||
7 | who you would want to make decisions for you. | ||||||
8 | (ii) Some family members or friends might not be able | ||||||
9 | or willing to make decisions as you would want them to. | ||||||
10 | (iii) Family members and friends may disagree with one | ||||||
11 | another about the best decisions. | ||||||
12 | (iv) Under some circumstances, a surrogate may not be | ||||||
13 | able to make the same kinds of decisions that an agent can | ||||||
14 | make.
| ||||||
15 | WHAT IF THERE IS NO ONE AVAILABLE | ||||||
16 | WHOM I TRUST TO BE MY AGENT? | ||||||
17 | In this situation, it is especially important to talk to | ||||||
18 | your physician and other health care providers and create | ||||||
19 | written guidance about what you want or do not want, in case | ||||||
20 | you are ever critically ill and cannot express your own | ||||||
21 | wishes. You can complete a living will. You can also write your | ||||||
22 | wishes down and/or discuss them with your physician or other | ||||||
23 | health care provider and ask him or her to write it down in | ||||||
24 | your chart. You might also want to use written or on-line | ||||||
25 | resources to guide you through this process.
|
| |||||||
| |||||||
1 | WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT? | ||||||
2 | Follow these instructions after you have completed the | ||||||
3 | form: | ||||||
4 | (i) Sign the form in front of a witness. See the form | ||||||
5 | for a list of who can and cannot witness it. | ||||||
6 | (ii) Ask the witness to sign it, too. | ||||||
7 | (iii) There is no need to have the form notarized. | ||||||
8 | (iv) Give a copy to your agent and to each of your | ||||||
9 | successor agents. | ||||||
10 | (v) Give another copy to your physician. | ||||||
11 | (vi) Take a copy with you when you go to the hospital. | ||||||
12 | (vii) Show it to your family and friends and others | ||||||
13 | who care for you.
| ||||||
14 | WHAT IF I CHANGE MY MIND? | ||||||
15 | You may change your mind at any time. If you do, tell | ||||||
16 | someone who is at least 18 years old that you have changed your | ||||||
17 | mind, and/or destroy your document and any copies. If you | ||||||
18 | wish, fill out a new form and make sure everyone you gave the | ||||||
19 | old form to has a copy of the new one, including, but not | ||||||
20 | limited to, your agents and your physicians.
| ||||||
21 | WHAT IF I DO NOT WANT TO USE THIS FORM? | ||||||
22 | In the event you do not want to use the Illinois statutory | ||||||
23 | form provided here, any document you complete must be executed |
| |||||||
| |||||||
1 | by you, designate an agent who is over 18 years of age and not | ||||||
2 | prohibited from serving as your agent, and state the agent's | ||||||
3 | powers, but it need not be witnessed or conform in any other | ||||||
4 | respect to the statutory health care power. | ||||||
5 | If you have questions about the use of any form, you may | ||||||
6 | want to consult your physician, other health care provider, | ||||||
7 | and/or an attorney.
| ||||||
8 | MY POWER OF ATTORNEY FOR HEALTH CARE | ||||||
9 | THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY | ||||||
10 | FOR HEALTH CARE. (You must sign this form and a witness must | ||||||
11 | also sign it before it is valid)
| ||||||
12 | My name (Print your full name): .......... | ||||||
13 | My address: ..................................................
| ||||||
14 | I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT | ||||||
15 | (an agent is your personal representative under state and | ||||||
16 | federal law): | ||||||
17 | (Agent name) ................. | ||||||
18 | (Agent address) ............. | ||||||
19 | (Agent phone number) .........................................
| ||||||
20 | (Please check box if applicable) .... If a guardian of my | ||||||
21 | person is to be appointed, I nominate the agent acting under |
| |||||||
| |||||||
1 | this power of attorney as guardian.
| ||||||
2 | SUCCESSOR HEALTH CARE AGENT(S) (optional): | ||||||
3 | If the agent I selected is unable or does not want to make | ||||||
4 | health care decisions for me, then I request the person(s) I | ||||||
5 | name below to be my successor health care agent(s). Only one | ||||||
6 | person at a time can serve as my agent (add another page if you | ||||||
7 | want to add more successor agent names): | ||||||
8 | ..................... | ||||||
9 | (Successor agent #1 name, address and phone number) | ||||||
10 | .......... | ||||||
11 | (Successor agent #2 name, address and phone number)
| ||||||
12 | MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING: | ||||||
13 | (i) Deciding to accept, withdraw or decline treatment | ||||||
14 | for any physical or mental condition of mine, including | ||||||
15 | life-and-death decisions. | ||||||
16 | (ii) Agreeing to admit me to or discharge me from any | ||||||
17 | hospital, home, or other institution, including a mental | ||||||
18 | health facility. | ||||||
19 | (iii) Having complete access to my medical and mental | ||||||
20 | health records, and sharing them with others as needed, | ||||||
21 | including after I die. | ||||||
22 | (iv) Carrying out the plans I have already made, or, | ||||||
23 | if I have not done so, making decisions about my body or | ||||||
24 | remains, including organ, tissue or whole body donation, |
| |||||||
| |||||||
1 | autopsy, cremation, and burial. | ||||||
2 | The above grant of power is intended to be as broad as | ||||||
3 | possible so that my agent will have the authority to make any | ||||||
4 | decision I could make to obtain or terminate any type of health | ||||||
5 | care, including withdrawal of nutrition and hydration and | ||||||
6 | other life-sustaining measures.
| ||||||
7 | I AUTHORIZE MY AGENT TO (please check any one box): | ||||||
8 | .... Make decisions for me only when I cannot make them for | ||||||
9 | myself. The physician(s) taking care of me will determine | ||||||
10 | when I lack this ability. | ||||||
11 | (If no box is checked, then the box above shall be | ||||||
12 | implemented.)
OR | ||||||
13 | .... Make decisions for me only when I cannot make them for | ||||||
14 | myself. The physician(s) taking care of me will determine | ||||||
15 | when I lack this ability. Starting now, for the purpose of | ||||||
16 | assisting me with my health care plans and decisions, my | ||||||
17 | agent shall have complete access to my medical and mental | ||||||
18 | health records, the authority to share them with others as | ||||||
19 | needed, and the complete ability to communicate with my | ||||||
20 | personal physician(s) and other health care providers, | ||||||
21 | including the ability to require an opinion of my | ||||||
22 | physician as to whether I lack the ability to make | ||||||
23 | decisions for myself. OR | ||||||
24 | .... Make decisions for me starting now and continuing | ||||||
25 | after I am no longer able to make them for myself. While I |
| |||||||
| |||||||
1 | am still able to make my own decisions, I can still do so | ||||||
2 | if I want to.
| ||||||
3 | The subject of life-sustaining treatment is of particular | ||||||
4 | importance. Life-sustaining treatments may include tube | ||||||
5 | feedings or fluids through a tube, breathing machines, and | ||||||
6 | CPR. In general, in making decisions concerning | ||||||
7 | life-sustaining treatment, your agent is instructed to | ||||||
8 | consider the relief of suffering, the quality as well as the | ||||||
9 | possible extension of your life, and your previously expressed | ||||||
10 | wishes. Your agent will weigh the burdens versus benefits of | ||||||
11 | proposed treatments in making decisions on your behalf. | ||||||
12 | Additional statements concerning the withholding or | ||||||
13 | removal of life-sustaining treatment are described below. | ||||||
14 | These can serve as a guide for your agent when making decisions | ||||||
15 | for you. Ask your physician or health care provider if you have | ||||||
16 | any questions about these statements.
| ||||||
17 | SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR | ||||||
18 | WISHES (optional): | ||||||
19 | .... The quality of my life is more important than the | ||||||
20 | length of my life. If I am unconscious and my attending | ||||||
21 | physician believes, in accordance with reasonable medical | ||||||
22 | standards, that I will not wake up or recover my ability to | ||||||
23 | think, communicate with my family and friends, and | ||||||
24 | experience my surroundings, I do not want treatments to |
| |||||||
| |||||||
1 | prolong my life or delay my death, but I do want treatment | ||||||
2 | or care to make me comfortable and to relieve me of pain. | ||||||
3 | .... Staying alive is more important to me, no matter how | ||||||
4 | sick I am, how much I am suffering, the cost of the | ||||||
5 | procedures, or how unlikely my chances for recovery are. I | ||||||
6 | want my life to be prolonged to the greatest extent | ||||||
7 | possible in accordance with reasonable medical standards.
| ||||||
8 | SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY: | ||||||
9 | The above grant of power is intended to be as broad as | ||||||
10 | possible so that your agent will have the authority to make any | ||||||
11 | decision you could make to obtain or terminate any type of | ||||||
12 | health care. If you wish to limit the scope of your agent's | ||||||
13 | powers or prescribe special rules or limit the power to | ||||||
14 | authorize autopsy or dispose of remains, you may do so | ||||||
15 | specifically in this form. | ||||||
16 | .................................. | ||||||
17 | .............................. | ||||||
18 | My signature: .................. | ||||||
19 | Today's date: ................................................
| ||||||
20 | HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN | ||||||
21 | COMPLETE THE SIGNATURE PORTION: | ||||||
22 | I am at least 18 years old. (check one of the options | ||||||
23 | below): |
| |||||||
| |||||||
1 | .... I saw the principal sign this document, or | ||||||
2 | .... the principal told me that the signature or mark on | ||||||
3 | the principal signature line is his or hers. | ||||||
4 | I am not the agent or successor agent(s) named in this | ||||||
5 | document. I am not related to the principal, the agent, or the | ||||||
6 | successor agent(s) by blood, marriage, or adoption. I am not | ||||||
7 | the principal's physician, advanced practice registered nurse, | ||||||
8 | dentist, podiatric physician, optometrist, psychologist, or a | ||||||
9 | relative of one of those individuals. I am not an owner or | ||||||
10 | operator (or the relative of an owner or operator) of the | ||||||
11 | health care facility where the principal is a patient or | ||||||
12 | resident. | ||||||
13 | Witness printed name: ............ | ||||||
14 | Witness address: .............. | ||||||
15 | Witness signature: ............... | ||||||
16 | Today's date: ................................................
| ||||||
17 | (c) The statutory short form power of attorney for health | ||||||
18 | care (the
"statutory health care power") authorizes the agent | ||||||
19 | to make any and all
health care decisions on behalf of the | ||||||
20 | principal which the principal could
make if present and under | ||||||
21 | no disability, subject to any limitations on the
granted | ||||||
22 | powers that appear on the face of the form, to be exercised in | ||||||
23 | such
manner as the agent deems consistent with the intent and | ||||||
24 | desires of the
principal. The agent will be under no duty to | ||||||
25 | exercise granted powers or
to assume control of or |
| |||||||
| |||||||
1 | responsibility for the principal's health care;
but when | ||||||
2 | granted powers are exercised, the agent will be required to | ||||||
3 | use
due care to act for the benefit of the principal in | ||||||
4 | accordance with the
terms of the statutory health care power | ||||||
5 | and will be liable
for negligent exercise. The agent may act in | ||||||
6 | person or through others
reasonably employed by the agent for | ||||||
7 | that purpose
but may not delegate authority to make health | ||||||
8 | care decisions. The agent
may sign and deliver all | ||||||
9 | instruments, negotiate and enter into all
agreements and do | ||||||
10 | all other acts reasonably necessary to implement the
exercise | ||||||
11 | of the powers granted to the agent. Without limiting the
| ||||||
12 | generality of the foregoing, the statutory health care power | ||||||
13 | shall include
the following powers, subject to any limitations | ||||||
14 | appearing on the face of the form:
| ||||||
15 | (1) The agent is authorized to give consent to and | ||||||
16 | authorize or refuse,
or to withhold or withdraw consent | ||||||
17 | to, any and all types of medical care,
treatment or | ||||||
18 | procedures relating to the physical or mental health of | ||||||
19 | the
principal, including any medication program, surgical | ||||||
20 | procedures,
life-sustaining treatment or provision of food | ||||||
21 | and fluids for the principal.
| ||||||
22 | (2) The agent is authorized to admit the principal to | ||||||
23 | or discharge the
principal from any and all types of | ||||||
24 | hospitals, institutions, homes,
residential or nursing | ||||||
25 | facilities, treatment centers and other health care
| ||||||
26 | institutions providing personal care or treatment for any |
| |||||||
| |||||||
1 | type of physical
or mental condition. The agent shall have | ||||||
2 | the same right to visit the
principal in the hospital or | ||||||
3 | other institution as is granted to a spouse or
adult child | ||||||
4 | of the principal, any rule of the institution to the | ||||||
5 | contrary
notwithstanding.
| ||||||
6 | (3) The agent is authorized to contract for any and | ||||||
7 | all types of health
care services and facilities in the | ||||||
8 | name of and on behalf of the principal
and to bind the | ||||||
9 | principal to pay for all such services and facilities,
and | ||||||
10 | to have and exercise those powers over the principal's | ||||||
11 | property as are
authorized under the statutory property | ||||||
12 | power, to the extent the agent
deems necessary to pay | ||||||
13 | health care costs; and
the agent shall not be personally | ||||||
14 | liable for any services or care contracted
for on behalf | ||||||
15 | of the principal.
| ||||||
16 | (4) At the principal's expense and subject to | ||||||
17 | reasonable rules of the
health care provider to prevent | ||||||
18 | disruption of the principal's health care,
the agent shall | ||||||
19 | have the same right the principal has to examine and copy
| ||||||
20 | and consent to disclosure of all the principal's medical | ||||||
21 | records that the agent deems
relevant to the exercise of | ||||||
22 | the agent's powers, whether the records
relate to mental | ||||||
23 | health or any other medical condition and whether they are | ||||||
24 | in
the possession of or maintained by any physician, | ||||||
25 | psychiatrist,
psychologist, therapist, hospital, nursing | ||||||
26 | home or other health care
provider. The authority under |
| |||||||
| |||||||
1 | this paragraph (4) applies to any information governed by | ||||||
2 | the Health Insurance Portability and Accountability Act of | ||||||
3 | 1996 ("HIPAA") and regulations thereunder. The agent | ||||||
4 | serves as the principal's personal representative, as that | ||||||
5 | term is defined under HIPAA and regulations thereunder.
| ||||||
6 | (5) The agent is authorized: to direct that an autopsy | ||||||
7 | be made pursuant
to Section 2 of the Autopsy Act;
to make a | ||||||
8 | disposition of any
part or all of the principal's body | ||||||
9 | pursuant to the Illinois Anatomical Gift
Act, as now or | ||||||
10 | hereafter amended; and to direct the disposition of the
| ||||||
11 | principal's remains. | ||||||
12 | (6) At any time during which there is no executor or | ||||||
13 | administrator appointed for the principal's estate, the | ||||||
14 | agent is authorized to continue to pursue an application | ||||||
15 | or appeal for government benefits if those benefits were | ||||||
16 | applied for during the life of the principal.
| ||||||
17 | (d) A physician may determine that the principal is unable | ||||||
18 | to make health care decisions for himself or herself only if | ||||||
19 | the principal lacks decisional capacity, as that term is | ||||||
20 | defined in Section 10 of the Health Care Surrogate Act. | ||||||
21 | (e) If the principal names the agent as a guardian on the | ||||||
22 | statutory short form, and if a court decides that the | ||||||
23 | appointment of a guardian will serve the principal's best | ||||||
24 | interests and welfare, the court shall appoint the agent to | ||||||
25 | serve without bond or security. | ||||||
26 | (Source: P.A. 100-513, eff. 1-1-18; 101-81, eff. 7-12-19; |
| |||||||
| |||||||
1 | 101-163, eff. 1-1-20 .)
| ||||||
2 | Section 20.86. The Limited Liability Company Act is | ||||||
3 | amended by changing Section 1-6 as follows:
| ||||||
4 | (805 ILCS 180/1-6) | ||||||
5 | Sec. 1-6. Electronic records. Any requirement in this Act | ||||||
6 | that there be a writing or that any document, instrument, or | ||||||
7 | agreement be written or in ink is subject to the provisions of | ||||||
8 | the Uniform Electronic Transactions Electronic Commerce | ||||||
9 | Security Act.
| ||||||
10 | (Source: P.A. 99-637, eff. 7-1-17 .)
| ||||||
11 | (5 ILCS 175/Act rep.) | ||||||
12 | Section 20.87. The Electronic Commerce Security Act is | ||||||
13 | repealed.
| ||||||
14 | (15 ILCS 405/14.01 rep.) | ||||||
15 | Section 20.88. The State Comptroller Act is amended by | ||||||
16 | repealing Section 14.01.
| ||||||
17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
|