Public Act 102-0038
SB2176 EnrolledLRB102 16216 JLS 21595 b
AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Uniform Electronic Transactions Act.
Section 2. Definitions. In this Act:
(1) "Agreement" means the bargain of the parties in fact,
as found in their language or inferred from other
circumstances and from rules, regulations, and procedures
given the effect of agreements under laws otherwise applicable
to a particular transaction.
(2) "Automated transaction" means a transaction conducted
or performed, in whole or in part, by electronic means or
electronic records, in which the acts or records of one or both
parties are not reviewed by an individual in the ordinary
course in forming a contract, performing under an existing
contract, or fulfilling an obligation required by the
transaction.
(3) "Computer program" means a set of statements or
instructions to be used directly or indirectly in an
information processing system in order to bring about a
certain result.
(4) "Contract" means the total legal obligation resulting
from the parties' agreement as affected by this Act and other
applicable law.
(5) "Electronic" means relating to technology having
electrical, digital, magnetic, wireless, optical,
electromagnetic, or similar capabilities.
(6) "Electronic agent" means a computer program or an
electronic or other automated means used independently to
initiate an action or respond to electronic records or
performances in whole or in part, without review or action by
an individual.
(7) "Electronic record" means a record created, generated,
sent, communicated, received, or stored by electronic means.
(8) "Electronic signature" means an electronic sound,
symbol, or process attached to or logically associated with a
record and executed or adopted by a person with the intent to
sign the record.
(9) "Governmental agency" means and includes all officers,
boards, commissions, courts, and agencies created by the
Illinois Constitution, whether in the executive, legislative
or judicial branch, all officers, departments, boards,
commissions, agencies, institutions, authorities,
universities, bodies politic and corporate of the State other
than the Office of the Secretary of State; and administrative
units or corporate outgrowths of the State government which
are created by or pursuant to statute, other than units of
local government and their officers, school districts and
boards of election commissioners; all administrative units and
corporate outgrowths of the above and as may be created by
executive order of the Governor.
(10) "Information" means data, text, images, sounds,
codes, computer programs, software, databases, or the like.
(11) "Information processing system" means an electronic
system for creating, generating, sending, receiving, storing,
displaying, or processing information.
(12) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, governmental agency, public
corporation, or any other legal or commercial entity.
(13) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other
medium and is retrievable in perceivable form.
(14) "Security procedure" means a procedure employed for
the purpose of verifying that an electronic signature, record,
or performance is that of a specific person or for detecting
changes or errors in the information in an electronic record.
The term includes a procedure that requires the use of
algorithms or other codes, identifying words or numbers,
encryption, or callback or other acknowledgment procedures.
(15) "State" means a State of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the
jurisdiction of the United States. The term includes an Indian
tribe or band, or Alaskan native village, which is recognized
by federal law or formally acknowledged by a State.
(16) "Transaction" means an action or set of actions
occurring between two or more persons relating to the conduct
of business, commercial, or governmental affairs.
Section 3. Scope.
(a) Except as otherwise provided in subsection (b), this
Act applies to electronic records and electronic signatures
relating to a transaction.
(b) This Act does not apply to a transaction to the extent
it is governed by:
(1) a law governing the creation and execution of
wills, codicils, or testamentary trusts;
(2) The Uniform Commercial Code other than Sections
1-107 and 1-206, Article 2, and Article 2A.
(c) This Act applies to an electronic record or electronic
signature otherwise excluded from the application of this Act
under subsection (b) to the extent it is governed by a law
other than those specified in subsection (b).
(d) A transaction subject to this Act is also subject to
other applicable substantive law.
Section 4. Prospective application. This Act applies to
any electronic record or electronic signature created,
generated, sent, communicated, received, or stored on or after
the effective date of this Act.
Section 5. Use of electronic records and electronic
signatures; variation by agreement.
(a) This Act does not require a record or signature to be
created, generated, sent, communicated, received, stored, or
otherwise processed or used by electronic means or in
electronic form.
(b) This Act applies only to transactions between parties
each of which has agreed to conduct transactions by electronic
means. Whether the parties agree to conduct a transaction by
electronic means is determined from the context and
surrounding circumstances, including the parties' conduct.
(c) A party that agrees to conduct a transaction by
electronic means may refuse to conduct other transactions by
electronic means. The right granted by this subsection may not
be waived by agreement.
(d) Except as otherwise provided in this Act, the effect
of any of its provisions may be varied by agreement. The
presence in certain provisions of this Act of the words
"unless otherwise agreed", or words of similar import, does
not imply that the effect of other provisions may not be varied
by agreement.
(e) Whether an electronic record or electronic signature
has legal consequences is determined by this Act and other
applicable law.
Section 6. Construction and application. This Act must be
construed and applied:
(1) to facilitate electronic transactions consistent
with other applicable law;
(2) to be consistent with reasonable practices
concerning electronic transactions and with the continued
expansion of those practices; and
(3) to effectuate its general purpose to make uniform
the law with respect to the subject of this Act among
States enacting it.
Section 7. Legal recognition of electronic records,
electronic signatures, and electronic contracts.
(a) A record or signature may not be denied legal effect or
enforceability solely because it is in electronic form.
(b) A contract may not be denied legal effect or
enforceability solely because an electronic record was used in
its formation.
(c) If a law requires a record to be in writing, an
electronic record satisfies the law.
(d) If a law requires a signature, an electronic signature
satisfies the law.
Section 8. Provision of information in writing;
presentation of records.
(a) If parties have agreed to conduct a transaction by
electronic means and a law requires a person to provide, send,
or deliver information in writing to another person, the
requirement is satisfied if the information is provided, sent,
or delivered, as the case may be, in an electronic record
capable of retention by the recipient at the time of receipt.
An electronic record is not capable of retention by the
recipient if the sender or its information processing system
inhibits the ability of the recipient to print or store the
electronic record.
(b) If a law other than this Act requires a record (i) to
be posted or displayed in a certain manner, (ii) to be sent,
communicated, or transmitted by a specified method, or (iii)
to contain information that is formatted in a certain manner,
the following rules apply:
(1) The record must be posted or displayed in the
manner specified in the other law.
(2) Except as otherwise provided in subsection (d)(2),
the record must be sent, communicated, or transmitted by
the method specified in the other law.
(3) The record shall contain the information formatted
in the manner specified in the other law.
(c) If a sender inhibits the ability of a recipient to
store or print an electronic record, the electronic record is
not enforceable against the recipient.
(d) The requirements of this Section may not be varied by
agreement, but:
(1) to the extent a law other than this Act requires
information to be provided, sent, or delivered in writing
but permits that requirement to be varied by agreement,
the requirement under subsection (a) that the information
be in the form of an electronic record capable of
retention may also be varied by agreement; and
(2) a requirement under a law other than this Act to
send, communicate, or transmit a record by first-class
mail may be varied by agreement to the extent permitted by
the other law.
Section 9. Attribution and effect of electronic record and
electronic signature.
(a) An electronic record or electronic signature is
attributable to a person if it was the act of the person. The
act of the person may be shown in any manner, including a
showing of the efficacy of any security procedure applied to
determine the person to which the electronic record or
electronic signature was attributable.
(b) The effect of an electronic record or electronic
signature attributed to a person under subsection (a) shall be
determined from the context and surrounding circumstances at
the time of its creation, execution, or adoption, including
the parties' agreement, if any, and otherwise as provided by
law.
Section 10. Effect of change or error. If a change or error
in an electronic record occurs in a transmission between
parties to a transaction, the following rules apply:
(1) If the parties have agreed to use a security
procedure to detect changes or errors and one party has
conformed to the procedure, but the other party has not,
and the nonconforming party would have detected the change
or error had that party also conformed, the conforming
party may avoid the effect of the changed or erroneous
electronic record.
(2) In an automated transaction involving an
individual, the individual may avoid the effect of an
electronic record that resulted from an error made by the
individual in dealing with the electronic agent of another
person if the electronic agent did not provide an
opportunity for the prevention or correction of the error
and, at the time the individual learns of the error, the
individual:
(A) promptly notifies the other person of the
error and that the individual did not intend to be
bound by the electronic record received by the other
person;
(B) takes reasonable steps, including steps that
conform to the other person's reasonable instructions,
to return to the other person or, if instructed by the
other person, to destroy the consideration received,
if any, as a result of the erroneous electronic
record; and
(C) has not used or received any benefit or value
from the consideration, if any, received from the
other person.
(3) If neither paragraph (1) nor paragraph (2)
applies, the change or error has the effect provided by
other law, including the law of mistake, and the parties'
contract, if any.
(4) Paragraphs (2) and (3) may not be varied by
agreement.
Section 11. Notarization and acknowledgment. If a law
requires a signature or record to be notarized, acknowledged,
verified, or made under oath, the requirement is satisfied if
the electronic signature of the person authorized to perform
those acts, together with all other information required to be
included by other applicable law, is attached to or logically
associated with the signature or record.
Section 12. Retention of electronic records; originals.
(a) If a law requires that a record be retained, the
requirement is satisfied by retaining an electronic record of
the information in the record which:
(1) accurately reflects the information set forth in
the record after it was first generated in its final form
as an electronic record or otherwise; and
(2) remains accessible for later reference.
(b) A requirement to retain a record in accordance with
subsection (a) does not apply to any information the sole
purpose of which is to enable the record to be sent,
communicated, or received.
(c) A person may satisfy subsection (a) by using the
services of another person if the requirements of that
subsection are satisfied.
(d) If a law requires a record to be presented or retained
in its original form, or provides consequences if the record
is not presented or retained in its original form, that law is
satisfied by an electronic record retained in accordance with
subsection (a).
(e) If a law requires retention of a check, that
requirement is satisfied by retention of an electronic record
of the information on the front and back of the check in
accordance with subsection (a).
(f) A record retained as an electronic record in
accordance with subsection (a) satisfies a law requiring a
person to retain a record for evidentiary, audit, or like
purposes, unless a law enacted after the effective date of
this Act specifically prohibits the use of an electronic
record for the specified purpose.
(g) This Section does not preclude a governmental agency
of this State from specifying additional requirements for the
retention of a record subject to the agency's jurisdiction.
Section 13. Admissibility in evidence. In a proceeding,
evidence of a record or signature may not be excluded solely
because it is in electronic form.
Section 14. Automated transaction.
(a) In an automated transaction, the following rules
apply:
(1) A contract may be formed by the interaction of
electronic agents of the parties, even if no individual
was aware of or reviewed the electronic agents' actions or
the resulting terms and agreements.
(2) A contract may be formed by the interaction of an
electronic agent and an individual, acting on the
individual's own behalf or for another person, including
by an interaction in which the individual performs actions
that the individual is free to refuse to perform and which
the individual knows or has reason to know will cause the
electronic agent to complete the transaction or
performance.
(3) The terms of the contract are determined by the
substantive law applicable to it.
Section 15. Time and place of sending and receipt.
(a) Unless otherwise agreed between the sender and the
recipient, an electronic record is sent when it:
(1) is addressed properly or otherwise directed
properly to an information processing system that the
recipient has designated or uses for the purpose of
receiving electronic records or information of the type
sent and from which the recipient is able to retrieve the
electronic record;
(2) is in a form capable of being processed by that
system; and
(3) enters an information processing system outside
the control of the sender or of a person that sent the
electronic record on behalf of the sender or enters a
region of the information processing system designated or
used by the recipient which is under the control of the
recipient.
(b) Unless otherwise agreed between a sender and the
recipient, an electronic record is received when:
(1) it enters an information processing system that
the recipient has designated or uses for the purpose of
receiving electronic records or information of the type
sent and from which the recipient is able to retrieve the
electronic record; and
(2) it is in a form capable of being processed by that
system.
(c) Subsection (b) applies even if the place the
information processing system is located is different from the
place the electronic record is deemed to be received under
subsection (d).
(d) Unless otherwise expressly provided in the electronic
record or agreed between the sender and the recipient, an
electronic record is deemed to be sent from the sender's place
of business and to be received at the recipient's place of
business. For purposes of this subsection, the following rules
apply:
(1) If the sender or recipient has more than one place
of business, the place of business of that person is the
place having the closest relationship to the underlying
transaction.
(2) If the sender or the recipient does not have a
place of business, the place of business is the sender's
or recipient's residence, as the case may be.
(e) An electronic record is received under subsection (b)
even if no individual is aware of its receipt.
(f) Receipt of an electronic acknowledgment from an
information processing system described in subsection (b)
establishes that a record was received but, by itself, does
not establish that the content sent corresponds to the content
received.
(g) If a person is aware that an electronic record
purportedly sent under subsection (a), or purportedly received
under subsection (b), was not actually sent or received, the
legal effect of the sending or receipt is determined by other
applicable law. Except to the extent permitted by the other
law, the requirements of this subsection may not be varied by
agreement.
Section 16. Transferable records.
(a) In this Section, "transferable record" means an
electronic record that:
(1) would be a note under Article 3 of the Uniform
Commercial Code or a document under Article 7 of the
Uniform Commercial Code if the electronic record were in
writing; and
(2) the issuer of the electronic record expressly has
agreed is a transferable record.
(b) A person has control of a transferable record if a
system employed for evidencing the transfer of interests in
the transferable record reliably establishes that person as
the person to which the transferable record was issued or
transferred.
(c) A system satisfies subsection (b), and a person is
deemed to have control of a transferable record, if the
transferable record is created, stored, and assigned in such a
manner that:
(1) a single authoritative copy of the transferable
record exists which is unique, identifiable, and, except
as otherwise provided in paragraphs (4), (5), and (6),
unalterable;
(2) the authoritative copy identifies the person
asserting control as:
(A) the person to which the transferable record
was issued; or
(B) if the authoritative copy indicates that the
transferable record has been transferred, the person
to which the transferable record was most recently
transferred;
(3) the authoritative copy is communicated to and
maintained by the person asserting control or its
designated custodian;
(4) copies or revisions that add or change an
identified assignee of the authoritative copy can be made
only with the consent of the person asserting control;
(5) each copy of the authoritative copy and any copy
of a copy is readily identifiable as a copy that is not the
authoritative copy; and
(6) any revision of the authoritative copy is readily
identifiable as authorized or unauthorized.
(d) Except as otherwise agreed, a person having control of
a transferable record is the holder, as defined in Section
1-201(20) of the Uniform Commercial Code, of the transferable
record and has the same rights and defenses as a holder of an
equivalent record or writing under the Uniform Commercial
Code, including, if the applicable statutory requirements
under Section 3-302(a), 7-501, or 9-308 of the Uniform
Commercial Code are satisfied, the rights and defenses of a
holder in due course, a holder to which a negotiable document
of title has been duly negotiated, or a purchaser,
respectively. Delivery, possession, and indorsement are not
required to obtain or exercise any of the rights under this
subsection.
(e) Except as otherwise agreed, an obligor under a
transferable record has the same rights and defenses as an
equivalent obligor under equivalent records or writings under
the Uniform Commercial Code.
(f) If requested by a person against which enforcement is
sought, the person seeking to enforce the transferable record
shall provide reasonable proof that the person is in control
of the transferable record. Proof may include access to the
authoritative copy of the transferable record and related
business records sufficient to review the terms of the
transferable record and to establish the identity of the
person having control of the transferable record.
Section 17. Creation and retention of electronic records
and conversion of written records by governmental agencies.
Each governmental agency of this State shall determine
whether, and the extent to which, it will create and retain
electronic records and convert written records to electronic
records.
Section 18. Acceptance and distribution of electronic
records by governmental agencies.
(a) Except as otherwise provided in Section 12(f), each
governmental agency of this State shall determine whether, and
the extent to which, it will send and accept electronic
records and electronic signatures to and from other persons
and otherwise create, generate, communicate, store, process,
use, and rely upon electronic records and electronic
signatures.
(b) To the extent that a governmental agency uses
electronic records and electronic signatures under subsection
(a), the Department of Innovation and Technology and the
Secretary of State, pursuant to their rulemaking authority
under other law and giving due consideration to security, may
specify:
(1) the manner and format in which the electronic
records must be created, generated, sent, communicated,
received, and stored and the systems established for those
purposes;
(2) if electronic records must be signed by electronic
means, the type of electronic signature required, the
manner and format in which the electronic signature must
be affixed to the electronic record, and the identity of,
or criteria that must be met by, any third party used by a
person filing a document to facilitate the process;
(3) control processes and procedures as appropriate to
ensure adequate preservation, disposition, integrity,
security, confidentiality, and auditability of electronic
records; and
(4) any other required attributes for electronic
records which are specified for corresponding
nonelectronic records or reasonably necessary under the
circumstances.
(c) Except as otherwise provided in Section 12(f), this
Act does not require a governmental agency of this State to use
or permit the use of electronic records or electronic
signatures.
Section 19. Interoperability. The Department of Innovation
and Technology may encourage and promote consistency and
interoperability with similar requirements adopted by other
governmental agencies of this and other States and the federal
government and nongovernmental persons interacting with
governmental agencies of this State. If appropriate, those
standards may specify differing levels of standards from which
governmental agencies of this State may choose in implementing
the most appropriate standard for a particular application.
Section 20. Severability clause. If any provision of this
Act or its application to any person or circumstance is held
invalid, the invalidity does not affect other provisions or
applications of this Act which can be given effect without the
invalid provision or application, and to this end the
provisions of this Act are severable.
Section 20.5. Exemption to preemption by federal
electronic signatures Act. This Act modifies, limits, or
supersedes the provisions of the Electronic Signatures in
Global and National Commerce Act (15 U.S.C. Section 7001 et
seq.) as authorized by Section 102 of that Act (15 U.S.C.
Section 7002).
Section 20.70. The Statute on Statutes is amended by
changing Section 1.15 as follows:
(5 ILCS 70/1.15) (from Ch. 1, par. 1016)
Sec. 1.15. "Written" and "in writing" may include
printing, electronic, and any other mode of representing words
and letters; but when the written signature of any person is
required by law on any official or public writing or bond,
required by law, it shall be (1) the proper handwriting of such
person or, in case he is unable to write, his proper mark or
(2) an electronic signature as defined in the Uniform
Electronic Transactions Act Electronic Commerce Security Act,
except as otherwise provided by law.
(Source: P.A. 90-759, eff. 7-1-99.)
Section 20.71. The Freedom of Information Act is amended
by changing Section 7 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from
disclosure under this Section, but also contains information
that is not exempt from disclosure, the public body may elect
to redact the information that is exempt. The public body
shall make the remaining information available for inspection
and copying. Subject to this requirement, the following shall
be exempt from inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law or
a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or
more law enforcement agencies regarding the physical or
mental status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy, unless
the disclosure is consented to in writing by the
individual subjects of the information. "Unwarranted
invasion of personal privacy" means the disclosure of
information that is highly personal or objectionable to a
reasonable person and in which the subject's right to
privacy outweighs any legitimate public interest in
obtaining the information. The disclosure of information
that bears on the public duties of public employees and
officials shall not be considered an invasion of personal
privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the
extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic accidents, traffic accident
reports, and rescue reports shall be provided by
agencies of local government, except when disclosure
would interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known
or disclose internal documents of correctional
agencies related to detection, observation or
investigation of incidents of crime or misconduct, and
disclosure would result in demonstrable harm to the
agency or public body that is the recipient of the
request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency
that is the recipient of the request did not create the
record, did not participate in or have a role in any of the
events which are the subject of the record, and only has
access to the record through the shared electronic record
management system.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the
disclosure of which would result in the risk of harm to any
person or the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county jail
or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited
to, a victim's home address, home telephone number, work
or school address, work telephone number, social security
number, or any other identifying information, except as
may be relevant to a requester's current or potential case
or claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of
Mental Health, or a county jail, including, but not
limited to, arrest and booking records, mug shots, and
crime scene photographs, except as these records may be
relevant to the requester's current or potential case or
claim.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension
fund, from a private equity fund or a privately held
company within the investment portfolio of a private
equity fund as a result of either investing or evaluating
a potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply
to the aggregate financial performance information of a
private equity fund, nor to the identity of the fund's
managers or general partners. The exemption contained in
this item does not apply to the identity of a privately
held company within the investment portfolio of a private
equity fund, unless the disclosure of the identity of a
privately held company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced
by any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by
news media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including, but not limited to, power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil, or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however,
this exemption shall not extend to the final outcome of
cases in which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including, but
not limited to, software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of
an applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents, and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents, and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions, insurance companies, or pharmacy benefit
managers, unless disclosure is otherwise required by State
law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to
be used to create electronic or digital signatures under
the Uniform Electronic Transactions Act Electronic
Commerce Security Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a
community's population or systems, facilities, or
installations, the destruction or contamination of which
would constitute a clear and present danger to the health
or safety of the community, but only to the extent that
disclosure could reasonably be expected to jeopardize the
effectiveness of the measures or the safety of the
personnel who implement them or the public. Information
exempt under this item may include such things as details
pertaining to the mobilization or deployment of personnel
or equipment, to the operation of communication systems or
protocols, or to tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power
Agency Act and Section 16-111.5 of the Public Utilities
Act that is determined to be confidential and proprietary
by the Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Sections 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of
2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to
the Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request
to the Department of Human Services or the Department of
Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit card
numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords,
and similar account information, the disclosure of which
could result in identity theft or impression or defrauding
of a governmental entity or a person.
(ll) (kk) Records concerning the work of the threat
assessment team of a school district.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff.
1-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
Section 20.72. The Illinois Public Labor Relations Act is
amended by changing Section 6 as follows:
(5 ILCS 315/6) (from Ch. 48, par. 1606)
Sec. 6. Right to organize and bargain collectively;
exclusive representation; and fair share arrangements.
(a) Employees of the State and any political subdivision
of the State, excluding employees of the General Assembly of
the State of Illinois and employees excluded from the
definition of "public employee" under subsection (n) of
Section 3 of this Act, have, and are protected in the exercise
of, the right of self-organization, and may form, join or
assist any labor organization, to bargain collectively through
representatives of their own choosing on questions of wages,
hours and other conditions of employment, not excluded by
Section 4 of this Act, and to engage in other concerted
activities not otherwise prohibited by law for the purposes of
collective bargaining or other mutual aid or protection, free
from interference, restraint or coercion. Employees also have,
and are protected in the exercise of, the right to refrain from
participating in any such concerted activities. Employees may
be required, pursuant to the terms of a lawful fair share
agreement, to pay a fee which shall be their proportionate
share of the costs of the collective bargaining process,
contract administration and pursuing matters affecting wages,
hours and other conditions of employment as defined in Section
3(g).
(b) Nothing in this Act prevents an employee from
presenting a grievance to the employer and having the
grievance heard and settled without the intervention of an
employee organization; provided that the exclusive bargaining
representative is afforded the opportunity to be present at
such conference and that any settlement made shall not be
inconsistent with the terms of any agreement in effect between
the employer and the exclusive bargaining representative.
(c) A labor organization designated by the Board as the
representative of the majority of public employees in an
appropriate unit in accordance with the procedures herein or
recognized by a public employer as the representative of the
majority of public employees in an appropriate unit is the
exclusive representative for the employees of such unit for
the purpose of collective bargaining with respect to rates of
pay, wages, hours and other conditions of employment not
excluded by Section 4 of this Act. Unless otherwise mutually
agreed, a public employer is required at least once each month
and upon request, to furnish the exclusive bargaining
representative with a complete list of the names and addresses
of the public employees in the bargaining unit, provided that
a public employer shall not be required to furnish such a list
more than once per payroll period. The exclusive bargaining
representative shall use the list exclusively for bargaining
representation purposes and shall not disclose any information
contained in the list for any other purpose. Nothing in this
Section, however, shall prohibit a bargaining representative
from disseminating a list of its union members.
At the time the public employer provides such list, it
shall also provide to the exclusive representative, in an
Excel file or other mutually agreed upon editable digital file
format, the employee's job title, worksite location, work
telephone numbers, identification number if available, and any
home and personal cellular telephone numbers on file with the
employer, date of hire, work email address, and any personal
email address on file with the employer. In addition, unless
otherwise mutually agreed, within 10 calendar days from the
date of hire of a bargaining unit employee, the public
employer shall provide to the exclusive representative, in an
electronic file or other mutually agreed upon format, the
following information about the new employee: the employee's
name, job title, worksite location, home address, work
telephone numbers, and any home and personal cellular
telephone numbers on file with the employer, date of hire,
work email address, and any personal email address on file
with the employer.
(c-5) No employer shall disclose the following information
of any employee: (1) the employee's home address (including
ZIP code and county); (2) the employee's date of birth; (3) the
employee's home and personal phone number; (4) the employee's
personal email address; (5) any information personally
identifying employee membership or membership status in a
labor organization or other voluntary association affiliated
with a labor organization or a labor federation (including
whether employees are members of such organization, the
identity of such organization, whether or not employees pay or
authorize the payment of any dues or moneys to such
organization, and the amounts of such dues or moneys); and (6)
emails or other communications between a labor organization
and its members.
As soon as practicable after receiving a request for any
information prohibited from disclosure under this subsection
(c-5), excluding a request from the exclusive bargaining
representative of the employee, the employer must provide a
written copy of the request, or a written summary of any oral
request, to the exclusive bargaining representative of the
employee or, if no such representative exists, to the
employee. The employer must also provide a copy of any
response it has made within 5 business days of sending the
response to any request.
If an employer discloses information in violation of this
subsection (c-5), an aggrieved employee of the employer or his
or her exclusive bargaining representative may file an unfair
labor practice charge with the Illinois Labor Relations Board
pursuant to Section 10 of this Act or commence an action in the
circuit court to enforce the provisions of this Act, including
actions to compel compliance, if an employer willfully and
wantonly discloses information in violation of this
subsection. The circuit court for the county in which the
complainant resides, in which the complainant is employed, or
in which the employer is located shall have jurisdiction in
this matter.
This subsection does not apply to disclosures (i) required
under the Freedom of Information Act, (ii) for purposes of
conducting public operations or business, or (iii) to the
exclusive representative.
(c-10) Employers shall provide to exclusive
representatives, including their agents and employees,
reasonable access to employees in the bargaining units they
represent. This access shall at all times be conducted in a
manner so as not to impede normal operations.
(1) Access includes the following:
(A) the right to meet with one or more employees on
the employer's premises during the work day to
investigate and discuss grievances and
workplace-related complaints without charge to pay or
leave time of employees or agents of the exclusive
representative;
(B) the right to conduct worksite meetings during
lunch and other non-work breaks, and before and after
the workday, on the employer's premises to discuss
collective bargaining negotiations, the administration
of collective bargaining agreements, other matters
related to the duties of the exclusive representative,
and internal matters involving the governance or
business of the exclusive representative, without
charge to pay or leave time of employees or agents of
the exclusive representative;
(C) the right to meet with newly hired employees,
without charge to pay or leave time of the employees or
agents of the exclusive representative, on the
employer's premises or at a location mutually agreed
to by the employer and exclusive representative for up
to one hour either within the first two weeks of
employment in the bargaining unit or at a later date
and time if mutually agreed upon by the employer and
the exclusive representative; and
(D) the right to use the facility mailboxes and
bulletin boards of the employer to communicate with
bargaining unit employees regarding collective
bargaining negotiations, the administration of the
collective bargaining agreements, the investigation of
grievances, other workplace-related complaints and
issues, and internal matters involving the governance
or business of the exclusive representative.
(2) Nothing in this Section shall prohibit an employer
and exclusive representative from agreeing in a collective
bargaining agreement to provide the exclusive
representative greater access to bargaining unit
employees, including through the use of the employer's
email system.
(d) Labor organizations recognized by a public employer as
the exclusive representative or so designated in accordance
with the provisions of this Act are responsible for
representing the interests of all public employees in the
unit. Nothing herein shall be construed to limit an exclusive
representative's right to exercise its discretion to refuse to
process grievances of employees that are unmeritorious.
(e) When a collective bargaining agreement is entered into
with an exclusive representative, it may include in the
agreement a provision requiring employees covered by the
agreement who are not members of the organization to pay their
proportionate share of the costs of the collective bargaining
process, contract administration and pursuing matters
affecting wages, hours and conditions of employment, as
defined in Section 3 (g), but not to exceed the amount of dues
uniformly required of members. The organization shall certify
to the employer the amount constituting each nonmember
employee's proportionate share which shall not exceed dues
uniformly required of members. In such case, the proportionate
share payment in this Section shall be deducted by the
employer from the earnings of the nonmember employees and paid
to the employee organization.
(f) Employers shall make payroll deductions of labor
organization dues, initiation fees, assessments, and other
payments for a labor organization that is the exclusive
representative. Such deductions shall be made in accordance
with the terms of an employee's written authorization, and
shall be paid to the exclusive representative. Written
authorization may be evidenced by electronic communications,
and such writing or communication may be evidenced by the
electronic signature of the employee as provided under Section
5-120 of the Uniform Electronic Transactions Act Electronic
Commerce Security Act.
There is no impediment to an employee's right to resign
union membership at any time. However, notwithstanding any
other provision of law to the contrary regarding authorization
and deduction of dues or other payments to a labor
organization, the exclusive representative and a public
employee may agree to reasonable limits on the right of the
employee to revoke such authorization, including a period of
irrevocability that exceeds one year. An authorization that is
irrevocable for one year, which may be automatically renewed
for successive annual periods in accordance with the terms of
the authorization, and that contains at least an annual 10-day
period of time during which the employee may revoke the
authorization, shall be deemed reasonable.
This Section shall apply to all claims that allege that a
labor organization or a public employer has improperly
deducted or collected dues from an employee without regard to
whether the claims or the facts upon which they are based
occurred before, on, or after the effective date of this
amendatory Act of the 101st General Assembly and shall apply
retroactively to the maximum extent permitted by law.
(f-5) Where a collective bargaining agreement is
terminated, or continues in effect beyond its scheduled
expiration date pending the negotiation of a successor
agreement or the resolution of an impasse under Section 14,
the employer shall continue to honor and abide by any dues
deduction or fair share clause contained therein until a new
agreement is reached including dues deduction or a fair share
clause. For the benefit of any successor exclusive
representative certified under this Act, this provision shall
be applicable, provided the successor exclusive
representative:
(i) certifies to the employer the amount constituting
each non-member's proportionate share under subsection
(e); or
(ii) presents the employer with employee written
authorizations for the deduction of dues, assessments, and
fees under this subsection.
Failure to so honor and abide by dues deduction or fair
share clauses for the benefit of any exclusive representative,
including a successor, shall be a violation of the duty to
bargain and an unfair labor practice.
(f-10) Upon receiving written notice of authorization, the
public employer must commence dues deductions as soon as
practicable, but in no case later than 30 days after receiving
notice from the labor organization. Employee deductions shall
be transmitted to the labor organization no later than 30 days
after they are deducted unless a shorter period is mutually
agreed to.
(f-15) Deductions shall remain in effect until:
(1) the public employer receives notice that a public
employee has revoked their authorization in writing in
accordance with the terms of the authorization; or
(2) the individual employee is no longer employed by
the public employer in a bargaining unit position
represented by the same exclusive representative, provided
that if the employee is, within a period of one year,
employed by the same public employer in a position
represented by the same labor organization, the right to
dues deduction shall be automatically reinstated.
Nothing in this subsection prevents an employee from
continuing to authorize payroll deductions when no longer
represented by the exclusive representative that would receive
such deduction.
Should the individual employee who has signed a dues
deduction authorization card either be removed from a public
employer's payroll or otherwise placed on any type of
involuntary or voluntary leave of absence, whether paid or
unpaid, the public employee's dues deduction shall be
continued upon that public employee's return to the payroll in
a bargaining unit position represented by the same exclusive
representative or restoration to active duty from such a leave
of absence.
(f-20) Unless otherwise mutually agreed by the public
employer and the exclusive representative, employee requests
to authorize, revoke, cancel, or change authorizations for
payroll deductions for labor organizations shall be directed
to the labor organization rather than to the public employer.
The labor organization shall be responsible for initially
processing and notifying the public employer of proper
requests or providing proper requests to the employer. If the
requests are not provided to the public employer, the employer
shall rely on information provided by the labor organization
regarding whether deductions for a labor organization were
properly authorized, revoked, canceled, or changed, and the
labor organization shall indemnify the public employer for any
damages and reasonable costs incurred for any claims made by
employees for deductions made in good faith reliance on that
information.
(f-25) Upon receipt by the exclusive representative of an
appropriate written authorization from an employee, written
notice of authorization shall be provided to the employer and
any authorized deductions shall be made in accordance with
law. The labor organization shall indemnify the public
employer for any damages and reasonable costs incurred for any
claims made by employees for deductions made in good faith
reliance on its notification.
(f-30) The failure of an employer to comply with the
provisions of this Section shall be a violation of the duty to
bargain and an unfair labor practice. Relief for the violation
shall be reimbursement by the public employer of dues that
should have been deducted or paid based on a valid
authorization given by the employee or employees. In addition,
the provisions of a collective bargaining agreement that
contain the obligations set forth in this Section may be
enforced in accordance with Sections 8 and 16.
(f-35) The Illinois Labor Relations Board shall have
exclusive jurisdiction over claims under Illinois law that
allege that a labor organization has unlawfully collected dues
from a public employee in violation of this Act. The Board
shall by rule require that in cases in which a public employee
alleges that a labor organization has unlawfully collected
dues, the public employer shall continue to deduct the
employee's dues from the employee's pay, but shall transmit
the dues to the Board for deposit in an escrow account
maintained by the Board. If the exclusive representative
maintains an escrow account for the purpose of holding dues to
which an employee has objected, the employer shall transmit
the entire amount of dues to the exclusive representative, and
the exclusive representative shall hold in escrow the dues
that the employer would otherwise have been required to
transmit to the Board for escrow; provided that the escrow
account maintained by the exclusive representative complies
with rules adopted by the Board or that the collective
bargaining agreement requiring the payment of the dues
contains an indemnification provision for the purpose of
indemnifying the employer with respect to the employer's
transmission of dues to the exclusive representative.
(f-40) If any clause, sentence, paragraph, or subparagraph
of this Section shall be adjudged by a court of competent
jurisdiction to be unconstitutional or otherwise invalid, that
judgment shall not affect, impair, or invalidate the remainder
thereof, but shall be confined in its operation to the clause,
sentence, paragraph, or subparagraph of this Section directly
involved in the controversy in which that judgment shall have
been rendered.
If any clause, sentence, paragraph, or part of a signed
authorization for payroll deductions shall be adjudged by a
court of competent jurisdiction to be unconstitutional or
otherwise invalid, that judgment shall not affect, impair, or
invalidate the remainder of the signed authorization, but
shall be confined in its operation to the clause, sentence,
paragraph, or part of the signed authorization directly
involved in the controversy in which that judgment shall have
been rendered.
(g) Agreements containing a fair share agreement must
safeguard the right of nonassociation of employees based upon
bona fide religious tenets or teachings of a church or
religious body of which such employees are members. Such
employees may be required to pay an amount equal to their fair
share, determined under a lawful fair share agreement, to a
nonreligious charitable organization mutually agreed upon by
the employees affected and the exclusive bargaining
representative to which such employees would otherwise pay
such service fee. If the affected employees and the bargaining
representative are unable to reach an agreement on the matter,
the Board may establish an approved list of charitable
organizations to which such payments may be made.
(Source: P.A. 101-620, eff. 12-20-19.)
Section 20.74. The Government Electronic Records Act is
amended by changing Section 20 as follows:
(20 ILCS 35/20)
Sec. 20. Electronic transfer of records. Notwithstanding
any law to the contrary, all government agencies are
encouraged to employ electronic means of transferring records
when appropriate. Government agencies may send by electronic
transmission any document, report, or record that State law
would otherwise require to be placed in the U.S. mail. Those
electronic records shall be protected as required by the
Uniform Electronic Transactions Act Electronic Commerce
Security Act (5 ILCS 175/).
(Source: P.A. 96-1363, eff. 7-28-10.)
Section 20.75. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-600 as follows:
(20 ILCS 2310/2310-600)
Sec. 2310-600. Advance directive information.
(a) The Department of Public Health shall prepare and
publish the summary of advance directives law, as required by
the federal Patient Self-Determination Act, and related forms.
Publication may be limited to the World Wide Web. The summary
required under this subsection (a) must include the Department
of Public Health Uniform POLST form.
(b) The Department of Public Health shall publish Spanish
language versions of the following:
(1) The statutory Living Will Declaration form.
(2) The Illinois Statutory Short Form Power of
Attorney for Health Care.
(3) The statutory Declaration of Mental Health
Treatment Form.
(4) The summary of advance directives law in Illinois.
(5) The Department of Public Health Uniform POLST
form.
Publication may be limited to the World Wide Web.
(b-5) In consultation with a statewide professional
organization representing physicians licensed to practice
medicine in all its branches, statewide organizations
representing physician assistants, advanced practice
registered nurses, nursing homes, registered professional
nurses, and emergency medical systems, and a statewide
organization representing hospitals, the Department of Public
Health shall develop and publish a uniform form for
practitioner cardiopulmonary resuscitation (CPR) or
life-sustaining treatment orders that may be utilized in all
settings. The form shall meet the published minimum
requirements to nationally be considered a practitioner orders
for life-sustaining treatment form, or POLST, and may be
referred to as the Department of Public Health Uniform POLST
form. An electronic version of the Uniform POLST form under
this Act may be created, signed, or revoked electronically
using a generic, technology-neutral system in which each user
is assigned a unique identifier that is securely maintained
and in a manner that meets the regulatory requirements for a
digital or electronic signature. Compliance with the standards
defined in the Uniform Electronic Transactions Act Electronic
Commerce Security Act or the implementing rules of the
Hospital Licensing Act for medical record entry authentication
for author validation of the documentation, content accuracy,
and completeness meets this standard. This form does not
replace a physician's or other practitioner's authority to
make a do-not-resuscitate (DNR) order.
(b-10) In consultation with a statewide professional
organization representing physicians licensed to practice
medicine in all its branches, statewide organizations
representing physician assistants, advanced practice
registered nurses, nursing homes, registered professional
nurses, and emergency medical systems, a statewide bar
association, a national bar association with an Illinois
chapter that concentrates in elder and disability law, a
not-for-profit organ procurement organization that coordinates
organ and tissue donation, a statewide committee or group
responsible for stakeholder education about POLST issues, and
a statewide organization representing hospitals, the
Department of Public Health shall study the feasibility of
creating a statewide registry of advance directives and POLST
forms. The registry would allow residents of this State to
submit the forms and for the forms to be made available to
health care providers and professionals in a timely manner for
the provision of care or services. This study must be filed
with the General Assembly on or before January 1, 2021.
(c) (Blank).
(d) The Department of Public Health shall publish the
Department of Public Health Uniform POLST form reflecting the
changes made by this amendatory Act of the 98th General
Assembly no later than January 1, 2015.
(Source: P.A. 100-513, eff. 1-1-18; 101-163, eff. 1-1-20.)
Section 20.76. The Local Government Electronic
Notification Act is amended by changing Section 10 as follows:
(50 ILCS 55/10)
Sec. 10. Definitions.
(a) As used in this Act:
"Electronic notification delivery system" means a computer
program that notifies interested parties of a unit of local
government's action and that may have features that confirm
physical addresses and email addresses, confirm ownership, and
confirm receipt of an electronic notification.
"Electronic notification recipient" means a person who
affirmatively informs a unit of local government or county
officer that he or she would like to receive electronically a
notification that would have been sent by the unit of local
government or county officer via United States mail.
(b) For the purposes of this Act, an identity is confirmed
if:
(1) the electronic notification recipient provides a
birthdate and Social Security number that can be matched
with the records of the Secretary of State or the county
clerk;
(2) a mailing sent by United States mail to the
electronic notification recipient is responded to
digitally with a unique code;
(3) the electronic notification recipient uses an
electronic a digital signature as defined in the Uniform
Electronic Transactions Act Electronic Commerce Security
Act; or
(4) the electronic notification recipient signs up in
person with the unit of local government or county officer
and provides a government-issued identification.
(c) For the purposes of this Act, a physical address of an
electronic notification recipient is confirmed if the
electronic notification recipient's address is matched with
the records of the Secretary of State and an email address of
an electronic notification recipient is confirmed when an
email to that email address has been delivered and
affirmatively responded to in a way that can be tracked by the
electronic notification delivery system.
(d) For the purposes of this Act, an electronic
notification recipient's ownership is confirmed if his or her
name is matched with the records of the county recorder of
deeds.
(e) For the purposes of this Act, the receipt of an
electronic notification is confirmed if an electronic
notification recipient:
(1) responds to the electronic notification; or
(2) reads the electronic notification in an electronic
notification delivery system that is able to track that an
email has been opened.
(Source: P.A. 100-856, eff. 1-1-19.)
Section 20.77. The Illinois Educational Labor Relations
Act is amended by changing Section 11.1 as follows:
(115 ILCS 5/11.1)
Sec. 11.1. Dues collection.
(a) Employers shall make payroll deductions of employee
organization dues, initiation fees, assessments, and other
payments for an employee organization that is the exclusive
representative. Such deductions shall be made in accordance
with the terms of an employee's written authorization and
shall be paid to the exclusive representative. Written
authorization may be evidenced by electronic communications,
and such writing or communication may be evidenced by the
electronic signature of the employee as provided under Uniform
Electronic Transactions Section 5-120 of the Electronic
Commerce Security Act.
There is no impediment to an employee's right to resign
union membership at any time. However, notwithstanding any
other provision of law to the contrary regarding authorization
and deduction of dues or other payments to a labor
organization, the exclusive representative and an educational
employee may agree to reasonable limits on the right of the
employee to revoke such authorization, including a period of
irrevocability that exceeds one year. An authorization that is
irrevocable for one year, which may be automatically renewed
for successive annual periods in accordance with the terms of
the authorization, and that contains at least an annual 10-day
period of time during which the educational employee may
revoke the authorization, shall be deemed reasonable. This
Section shall apply to all claims that allege that an
educational employer or employee organization has improperly
deducted or collected dues from an employee without regard to
whether the claims or the facts upon which they are based
occurred before, on, or after the effective date of this
amendatory Act of the 101st General Assembly and shall apply
retroactively to the maximum extent permitted by law.
(b) Upon receiving written notice of the authorization,
the educational employer must commence dues deductions as soon
as practicable, but in no case later than 30 days after
receiving notice from the employee organization. Employee
deductions shall be transmitted to the employee organization
no later than 10 days after they are deducted unless a shorter
period is mutually agreed to.
(c) Deductions shall remain in effect until:
(1) the educational employer receives notice that an
educational employee has revoked his or her authorization
in writing in accordance with the terms of the
authorization; or
(2) the individual educational employee is no longer
employed by the educational employer in a bargaining unit
position represented by the same exclusive representative;
provided that if such employee is, within a period of one
year, employed by the same educational employer in a
position represented by the same employee organization,
the right to dues deduction shall be automatically
reinstated.
Nothing in this subsection prevents an employee from
continuing to authorize payroll deductions when no longer
represented by the exclusive representative that would receive
those deductions.
Should the individual educational employee who has signed
a dues deduction authorization card either be removed from an
educational employer's payroll or otherwise placed on any type
of involuntary or voluntary leave of absence, whether paid or
unpaid, the employee's dues deduction shall be continued upon
that employee's return to the payroll in a bargaining unit
position represented by the same exclusive representative or
restoration to active duty from such a leave of absence.
(d) Unless otherwise mutually agreed by the educational
employer and the exclusive representative, employee requests
to authorize, revoke, cancel, or change authorizations for
payroll deductions for employee organizations shall be
directed to the employee organization rather than to the
educational employer. The employee organization shall be
responsible for initially processing and notifying the
educational employer of proper requests or providing proper
requests to the employer. If the requests are not provided to
the educational employer, the employer shall rely on
information provided by the employee organization regarding
whether deductions for an employee organization were properly
authorized, revoked, canceled, or changed, and the employee
organization shall indemnify the educational employer for any
damages and reasonable costs incurred for any claims made by
educational employees for deductions made in good faith
reliance on that information.
(e) Upon receipt by the exclusive representative of an
appropriate written authorization from an individual
educational employee, written notice of authorization shall be
provided to the educational employer and any authorized
deductions shall be made in accordance with law. The employee
organization shall indemnify the educational employer for any
damages and reasonable costs incurred for any claims made by
an educational employee for deductions made in good faith
reliance on its notification.
(f) The failure of an educational employer to comply with
the provisions of this Section shall be a violation of the duty
to bargain and an unfair labor practice. Relief for the
violation shall be reimbursement by the educational employer
of dues that should have been deducted or paid based on a valid
authorization given by the educational employee or employees.
In addition, the provisions of a collective bargaining
agreement that contain the obligations set forth in this
Section may be enforced in accordance with Section 10.
(g) The Illinois Educational Labor Relations Board shall
have exclusive jurisdiction over claims under Illinois law
that allege an educational employer or employee organization
has unlawfully deducted or collected dues from an educational
employee in violation of this Act. The Board shall by rule
require that in cases in which an educational employee alleges
that an employee organization has unlawfully collected dues,
the educational employer shall continue to deduct the
employee's dues from the employee's pay, but shall transmit
the dues to the Board for deposit in an escrow account
maintained by the Board. If the exclusive representative
maintains an escrow account for the purpose of holding dues to
which an employee has objected, the employer shall transmit
the entire amount of dues to the exclusive representative, and
the exclusive representative shall hold in escrow the dues
that the employer would otherwise have been required to
transmit to the Board for escrow; provided that the escrow
account maintained by the exclusive representative complies
with rules adopted by the Board or that the collective
bargaining agreement requiring the payment of the dues
contains an indemnification provision for the purpose of
indemnifying the employer with respect to the employer's
transmission of dues to the exclusive representative.
(h) If a collective bargaining agreement that includes a
dues deduction clause expires or continues in effect beyond
its scheduled expiration date pending the negotiation of a
successor agreement, then the employer shall continue to honor
and abide by the dues deduction clause until a new agreement
that includes a dues deduction clause is reached. Failure to
honor and abide by the dues deduction clause for the benefit of
any exclusive representative as set forth in this subsection
(h) shall be a violation of the duty to bargain and an unfair
labor practice. For the benefit of any successor exclusive
representative certified under this Act, this provision shall
be applicable, provided the successor exclusive representative
presents the employer with employee written authorizations or
certifications from the exclusive representative for the
deduction of dues, assessments, and fees under this subsection
(h).
(i)(1) If any clause, sentence, paragraph, or subdivision
of this Section shall be adjudged by a court of competent
jurisdiction to be unconstitutional or otherwise invalid, that
judgment shall not affect, impair, or invalidate the remainder
thereof, but shall be confined in its operation to the clause,
sentence, paragraph, or subdivision of this Section directly
involved in the controversy in which such judgment shall have
been rendered.
(2) If any clause, sentence, paragraph, or part of a
signed authorization for payroll deductions shall be adjudged
by a court of competent jurisdiction to be unconstitutional or
otherwise invalid, that judgment shall not affect, impair, or
invalidate the remainder of the signed authorization, but
shall be confined in its operation to the clause, sentence,
paragraph, or part of the signed authorization directly
involved in the controversy in which such judgment shall have
been rendered.
(Source: P.A. 101-620, eff. 12-20-19.)
Section 20.78. The Illinois Credit Union Act is amended by
changing Sections 10.2, 19 and 20 as follows:
(205 ILCS 305/10.2)
Sec. 10.2. Electronic records.
(a) As used in this Section, "electronic" and "electronic
record" have the meanings given to those terms in the Uniform
Electronic Transactions Electronic Commerce Security Act.
(b) If a provision of this Act requires information to be
written or delivered in writing, or provides for certain
consequences if it is not, an electronic record or electronic
delivery satisfies that rule of law.
(c) If a provision of this Act requires a policy, record,
notice or other document or information to be mailed or
otherwise furnished, posted, or disclosed by a credit union,
electronic delivery or distribution satisfies that rule of
law. Policies and notifications of general interest to or
impact on the membership may be posted on a credit union's
website or disclosed in membership newsletters or account
statements, in addition to, or in lieu of, any other methods of
notification or distribution specified in this Act.
(Source: P.A. 101-567, eff. 8-23-19.)
(205 ILCS 305/19) (from Ch. 17, par. 4420)
Sec. 19. Meeting of members.
(1) The annual meeting shall be held each year during the
months of January, February or March or such other month as may
be approved by the Department. The meeting shall be held at the
time, place and in the manner set forth in the bylaws. Any
special meetings of the members of the credit union shall be
held at the time, place and in the manner set forth in the
bylaws. Unless otherwise set forth in this Act, quorum
requirements for meetings of members shall be established by a
credit union in its bylaws. Notice of all meetings must be
given by the secretary of the credit union at least 7 days
before the date of such meeting, either by handing a written or
printed notice to each member of the credit union, by mailing
the notice to the member at his address as listed on the books
and records of the credit union, or by posting a notice of the
meeting in three conspicuous places, including the office of
the credit union.
(2) On all questions and at all elections, except election
of directors, each member has one vote regardless of the
number of his shares. There shall be no voting by proxy except
on the election of directors, proposals for merger or
voluntary dissolution. Members may vote on questions and in
elections by secure electronic record if approved by the board
of directors. All voting on the election of directors shall be
by ballot, but when there is no contest, written or electronic
ballots need not be cast. The record date to be used for the
purpose of determining which members are entitled to notice of
or to vote at any meeting of members, may be fixed in advance
by the directors on a date not more than 90 days nor less than
10 days prior to the date of the meeting. If no record date is
fixed by the directors, the first day on which notice of the
meeting is given, mailed or posted is the record date.
(3) Regardless of the number of shares owned by a society,
association, club, partnership, other credit union or
corporation, having membership in the credit union, it shall
be entitled to only one vote and it may be represented and have
its vote cast by its designated agent acting on its behalf
pursuant to a resolution adopted by the organization's board
of directors or similar governing authority; provided that the
credit union shall obtain a certified copy of such resolution
before such vote may be cast.
(4) A member may revoke a proxy by delivery to the credit
union of a written statement to that effect, by execution of a
subsequently dated proxy, by execution of a secure electronic
record, or by attendance at a meeting and voting in person.
(5) As used in this Section, "electronic" and "electronic
record" have the meanings ascribed to those terms in the
Uniform Electronic Transactions Electronic Commerce Security
Act. As used in this Section, "secured electronic record"
means an electronic record that meets the criteria set forth
in Uniform Electronic Transactions Section 10-105 of the
Electronic Commerce Security Act.
(Source: P.A. 100-361, eff. 8-25-17.)
(205 ILCS 305/20) (from Ch. 17, par. 4421)
Sec. 20. Election or appointment of officials.
(1) The credit union shall be directed by a board of
directors consisting of no less than 7 in number, to be elected
at the annual meeting by and from the members. Directors shall
hold office until the next annual meeting, unless their terms
are staggered. Upon amendment of its bylaws, a credit union
may divide the directors into 2 or 3 classes with each class as
nearly equal in number as possible. The term of office of the
directors of the first class shall expire at the first annual
meeting after their election, that of the second class shall
expire at the second annual meeting after their election, and
that of the third class, if any, shall expire at the third
annual meeting after their election. At each annual meeting
after the classification, the number of directors equal to the
number of directors whose terms expire at the time of the
meeting shall be elected to hold office until the second
succeeding annual meeting if there are 2 classes or until the
third succeeding annual meeting if there are 3 classes. A
director shall hold office for the term for which he or she is
elected and until his or her successor is elected and
qualified.
(1.5) Except as provided in subsection (1.10), in all
elections for directors, every member has the right to vote,
in person, by proxy, or by secure electronic record if
approved by the board of directors, the number of shares owned
by him, or in the case of a member other than a natural person,
the member's one vote, for as many persons as there are
directors to be elected, or to cumulate such shares, and give
one candidate as many votes as the number of directors
multiplied by the number of his shares equals, or to
distribute them on the same principle among as many candidates
as he may desire and the directors shall not be elected in any
other manner. Shares held in a joint account owned by more than
one member may be voted by any one of the members, however, the
number of cumulative votes cast may not exceed a total equal to
the number of shares multiplied by the number of directors to
be elected. A majority of the shares entitled to vote shall be
represented either in person or by proxy for the election of
directors. Each director shall wholly take and subscribe to an
oath that he will diligently and honestly perform his duties
in administering the affairs of the credit union, that while
he may delegate to another the performance of those
administrative duties he is not thereby relieved from his
responsibility for their performance, that he will not
knowingly violate or permit to be violated any law applicable
to the credit union, and that he is the owner of at least one
share of the credit union.
(1.10) Upon amendment of a credit union's bylaws approved
by the members, in all elections for directors, every member
who is a natural person shall have the right to cast one vote,
regardless of the number of his or her shares, in person, by
proxy, or by secure electronic record if approved by the board
of directors, for as many persons as there are directors to be
elected.
(1.15) If the board of directors has adopted a policy
addressing age eligibility standards on voting, holding
office, or petitioning the board, then a credit union may
require (i) that members be at least 18 years of age by the
date of the meeting in order to vote at meetings of the
members, sign nominating petitions, or sign petitions
requesting special meetings, and (ii) that members be at least
18 years of age by the date of election or appointment in order
to hold elective or appointive office.
(2) The board of directors shall appoint from among the
members of the credit union, a supervisory committee of not
less than 3 members at the organization meeting and within 30
days following each annual meeting of the members for such
terms as the bylaws provide. Members of the supervisory
committee may, but need not be, on the board of directors, but
shall not be officers of the credit union, members of the
credit committee, or the credit manager if no credit committee
has been appointed.
(3) The board of directors may appoint, from among the
members of the credit union, a credit committee consisting of
an odd number, not less than 3 for such terms as the bylaws
provide. Members of the credit committee may, but need not be,
directors or officers of the credit union, but shall not be
members of the supervisory committee.
(4) The board of directors may appoint from among the
members of the credit union a membership committee of one or
more persons. If appointed, the committee shall act upon all
applications for membership and submit a report of its actions
to the board of directors at the next regular meeting for
review. If no membership committee is appointed, credit union
management shall act upon all applications for membership and
submit a report of its actions to the board of directors at the
next regular meeting for review.
(5) As used in this Section, "electronic" and "electronic
record" have the meanings ascribed to those terms in the
Uniform Electronic Transactions Electronic Commerce Security
Act. As used in this Section, "secured electronic record"
means an electronic record that meets the criteria set forth
in Uniform Electronic Transactions Section 10-105 of the
Electronic Commerce Security Act.
(Source: P.A. 100-361, eff. 8-25-17.)
Section 20.79. The Illinois Insurance Code is amended by
changing Sections 143.34 and 513a13 as follows:
(215 ILCS 5/143.34)
Sec. 143.34. Electronic notices and documents.
(a) As used in this Section:
"Delivered by electronic means" includes:
(1) delivery to an electronic mail address at which a
party has consented to receive notices or documents; or
(2) posting on an electronic network or site
accessible via the Internet, mobile application, computer,
mobile device, tablet, or any other electronic device,
together with separate notice of the posting, which shall
be provided by electronic mail to the address at which the
party has consented to receive notice or by any other
delivery method that has been consented to by the party.
"Party" means any recipient of any notice or document
required as part of an insurance transaction, including, but
not limited to, an applicant, an insured, a policyholder, or
an annuity contract holder.
(b) Subject to the requirements of this Section, any
notice to a party or any other document required under
applicable law in an insurance transaction or that is to serve
as evidence of insurance coverage may be delivered, stored,
and presented by electronic means so long as it meets the
requirements of the Uniform Electronic Transactions Electronic
Commerce Security Act.
(c) Delivery of a notice or document in accordance with
this Section shall be considered equivalent to any delivery
method required under applicable law, including delivery by
first class mail; first class mail, postage prepaid; certified
mail; certificate of mail; or certificate of mailing.
(d) A notice or document may be delivered by electronic
means by an insurer to a party under this Section if:
(1) the party has affirmatively consented to that
method of delivery and has not withdrawn the consent;
(2) the party, before giving consent, is provided with
a clear and conspicuous statement informing the party of:
(A) the right of the party to withdraw consent to
have a notice or document delivered by electronic
means, at any time, and any conditions or consequences
imposed in the event consent is withdrawn;
(B) the types of notices and documents to which
the party's consent would apply;
(C) the right of a party to have a notice or
document delivered in paper form; and
(D) the procedures a party must follow to withdraw
consent to have a notice or document delivered by
electronic means and to update the party's electronic
mail address;
(3) the party:
(A) before giving consent, is provided with a
statement of the hardware and software requirements
for access to, and retention of, a notice or document
delivered by electronic means; and
(B) consents electronically, or confirms consent
electronically, in a manner that reasonably
demonstrates that the party can access information in
the electronic form that will be used for notices or
documents delivered by electronic means as to which
the party has given consent; and
(4) after consent of the party is given, the insurer,
in the event a change in the hardware or software
requirements needed to access or retain a notice or
document delivered by electronic means creates a material
risk that the party will not be able to access or retain a
subsequent notice or document to which the consent
applies:
(A) provides the party with a statement that
describes:
(i) the revised hardware and software
requirements for access to and retention of a
notice or document delivered by electronic means;
and
(ii) the right of the party to withdraw
consent without the imposition of any condition or
consequence that was not disclosed at the time of
initial consent; and
(B) complies with paragraph (2) of this subsection
(d).
(e) Delivery of a notice or document in accordance with
this Section does not affect requirements related to content
or timing of any notice or document required under applicable
law.
(f) If a provision of this Section or applicable law
requiring a notice or document to be provided to a party
expressly requires verification or acknowledgment of receipt
of the notice or document, the notice or document may be
delivered by electronic means only if the method used provides
for verification or acknowledgment of receipt.
(g) The legal effectiveness, validity, or enforceability
of any contract or policy of insurance executed by a party may
not be denied solely because of the failure to obtain
electronic consent or confirmation of consent of the party in
accordance with subparagraph (B) of paragraph (3) of
subsection (d) of this Section.
(h) A withdrawal of consent by a party does not affect the
legal effectiveness, validity, or enforceability of a notice
or document delivered by electronic means to the party before
the withdrawal of consent is effective.
A withdrawal of consent by a party is effective within a
reasonable period of time after receipt of the withdrawal by
the insurer.
Failure by an insurer to comply with paragraph (4) of
subsection (d) of this Section and subsection (j) of this
Section may be treated, at the election of the party, as a
withdrawal of consent for purposes of this Section.
(i) This Section does not apply to a notice or document
delivered by an insurer in an electronic form before the
effective date of this amendatory Act of the 99th General
Assembly to a party who, before that date, has consented to
receive notice or document in an electronic form otherwise
allowed by law.
(j) If the consent of a party to receive certain notices or
documents in an electronic form is on file with an insurer
before the effective date of this amendatory Act of the 99th
General Assembly and, pursuant to this Section, an insurer
intends to deliver additional notices or documents to the
party in an electronic form, then prior to delivering such
additional notices or documents electronically, the insurer
shall:
(1) provide the party with a statement that
describes:
(A) the notices or documents that shall be
delivered by electronic means under this Section
that were not previously delivered electronically;
and
(B) the party's right to withdraw consent to
have notices or documents delivered by electronic
means without the imposition of any condition or
consequence that was not disclosed at the time of
initial consent; and
(2) comply with paragraph (2) of subsection (d) of
this Section.
(k) An insurer shall deliver a notice or document by any
other delivery method permitted by law other than electronic
means if:
(1) the insurer attempts to deliver the notice or
document by electronic means and has a reasonable basis
for believing that the notice or document has not been
received by the party; or
(2) the insurer becomes aware that the electronic mail
address provided by the party is no longer valid.
(l) A producer shall not be subject to civil liability for
any harm or injury that occurs as a result of a party's
election to receive any notice or document by electronic means
or by an insurer's failure to deliver a notice or document by
electronic means unless the harm or injury is caused by the
willful and wanton misconduct of the producer.
(m) This Section shall not be construed to modify, limit,
or supersede the provisions of the federal Electronic
Signatures in Global and National Commerce Act, as amended.
(n) Nothing in this Section shall prevent an insurer from
posting on the insurer's Internet site any standard policy and
any endorsements to such a policy that does not contain
personally identifiable information, in accordance with
Section 143.33 of this Code, in lieu of delivery to a
policyholder, insured, or applicant for insurance by any other
method.
(Source: P.A. 99-167, eff. 1-1-16.)
(215 ILCS 5/513a13)
Sec. 513a13. Electronic delivery of notices and documents.
(a) As used in this Section:
"Delivered by electronic means" includes:
(1) delivery to an electronic mail address at which a
party has consented to receive notices or documents; or
(2) posting on an electronic network or site
accessible via the Internet, mobile application, computer,
mobile device, tablet, or any other electronic device,
together with separate notice of the posting, which shall
be provided by electronic mail to the address at which the
party has consented to receive notice or by any other
delivery method that has been consented to by the party.
"Party" means any recipient of any notice or document
required as part of a premium finance agreement including, but
not limited to, an applicant or contracting party. For the
purposes of this Section, "party" includes the producer of
record.
(b) Subject to the requirements of this Section, any
notice to a party or any other document required under
applicable law in a premium finance agreement or that is to
serve as evidence of a premium finance agreement may be
delivered, stored, and presented by electronic means so long
as it meets the requirements of the Uniform Electronic
Transactions Electronic Commerce Security Act.
(c) Delivery of a notice or document in accordance with
this Section shall be considered equivalent to delivery by
first class mail or first class mail, postage prepaid.
(d) A notice or document may be delivered by electronic
means by a premium finance company to a party under this
Section if:
(1) the party has affirmatively consented to that
method of delivery and has not withdrawn the consent;
(2) the party, before giving consent, is provided with
a clear and conspicuous statement informing the party of:
(A) the right of the party to withdraw consent to
have a notice or document delivered by electronic
means, at any time, and any conditions or consequences
imposed in the event consent is withdrawn;
(B) the types of notices and documents to which
the party's consent would apply;
(C) the right of a party to have a notice or
document delivered in paper form; and
(D) the procedures a party must follow to withdraw
consent to have a notice or document delivered by
electronic means and to update the party's electronic
mail address;
(3) the party:
(A) before giving consent, is provided with a
statement of the hardware and software requirements
for access to, and retention of, a notice or document
delivered by electronic means; and
(B) consents electronically, or confirms consent
electronically, in a manner that reasonably
demonstrates that the party can access information in
the electronic form that will be used for notices or
documents delivered by electronic means as to which
the party has given consent; and
(4) after consent of the party is given, the premium
finance company, in the event a change in the hardware or
software requirements needed to access or retain a notice
or document delivered by electronic means creates a
material risk that the party will not be able to access or
retain a subsequent notice or document to which the
consent applies:
(A) provides the party with a statement that
describes:
(i) the revised hardware and software
requirements for access to and retention of a
notice or document delivered by electronic means;
and
(ii) the right of the party to withdraw
consent without the imposition of any condition or
consequence that was not disclosed at the time of
initial consent; and
(B) complies with paragraph (2) of this subsection
(d).
(e) Delivery of a notice or document in accordance with
this Section does not affect requirements related to content
or timing of any notice or document required under applicable
law.
(f) The legal effectiveness, validity, or enforceability
of any premium finance agreement executed by a party may not be
denied solely because of the failure to obtain electronic
consent or confirmation of consent of the party in accordance
with subparagraph (B) of paragraph (3) of subsection (d) of
this Section.
(g) A withdrawal of consent by a party does not affect the
legal effectiveness, validity, or enforceability of a notice
or document delivered by electronic means to the party before
the withdrawal of consent is effective.
A withdrawal of consent by a party is effective within a
reasonable period of time after receipt of the withdrawal by
the premium finance company.
Failure by a premium finance company to comply with
paragraph (4) of subsection (d) of this Section and subsection
(j) of this Section may be treated, at the election of the
party, as a withdrawal of consent for purposes of this
Section.
(h) This Section does not apply to a notice or document
delivered by a premium finance company in an electronic form
before the effective date of this amendatory Act of the 100th
General Assembly to a party who, before that date, has
consented to receive notice or document in an electronic form
otherwise allowed by law.
(i) If the consent of a party to receive certain notices or
documents in an electronic form is on file with a premium
finance company before the effective date of this amendatory
Act of the 100th General Assembly and, pursuant to this
Section, a premium finance company intends to deliver
additional notices or documents to the party in an electronic
form, then prior to delivering such additional notices or
documents electronically, the premium finance company shall:
(1) provide the party with a statement that
describes:
(A) the notices or documents that shall be
delivered by electronic means under this Section
that were not previously delivered electronically;
and
(B) the party's right to withdraw consent to
have notices or documents delivered by electronic
means without the imposition of any condition or
consequence that was not disclosed at the time of
initial consent; and
(2) comply with paragraph (2) of subsection (d) of
this Section.
(j) A premium finance company shall deliver a notice or
document by any other delivery method permitted by law other
than electronic means if:
(1) the premium finance company attempts to deliver
the notice or document by electronic means and has a
reasonable basis for believing that the notice or document
has not been received by the party; or
(2) the premium finance company becomes aware that the
electronic mail address provided by the party is no longer
valid.
(k) The producer of record shall not be subject to civil
liability for any harm or injury that occurs as a result of a
party's election to receive any notice or document by
electronic means or by a premium finance company's failure to
deliver a notice or document by electronic means unless the
harm or injury is caused by the willful and wanton misconduct
of the producer of record.
(l) This Section shall not be construed to modify, limit,
or supersede the provisions of the federal Electronic
Signatures in Global and National Commerce Act, as amended.
(Source: P.A. 100-495, eff. 1-1-18.)
Section 20.80. The Find Our Children Act is amended by
changing Section 5 as follows:
(325 ILCS 57/5)
Sec. 5. State agency webpage requirements.
(a) Each State agency that maintains an Internet website
must include a hypertext link to the homepage website
maintained and operated by the National Center For Missing And
Exploited Children.
(b) Each State agency that maintains an Internet website
must include a hypertext link to any State agency website that
posts information concerning AMBER alerts or similar
broadcasts concerning missing children.
(c) For the purpose of this Act, "State agency" has the
meaning ascribed to the term "governmental agency" under the
Uniform Electronic Transactions set forth in Section 5-105 of
the Electronic Commerce Security Act.
(Source: P.A. 94-484, eff. 8-8-05.)
Section 20.81. The Criminal Code of 2012 is amended by
changing Section 17-3 as follows:
(720 ILCS 5/17-3) (from Ch. 38, par. 17-3)
Sec. 17-3. Forgery.
(a) A person commits forgery when, with intent to defraud,
he or she knowingly:
(1) makes a false document or alters any document to
make it false and that document is apparently capable of
defrauding another; or
(2) issues or delivers such document knowing it to
have been thus made or altered; or
(3) possesses, with intent to issue or deliver, any
such document knowing it to have been thus made or
altered; or
(4) unlawfully uses the digital signature, as defined
in the Financial Institutions Electronic Documents and
Digital Signature Act, of another; or
(5) unlawfully creates uses the signature device of
another to create an electronic signature of another that
other person, as that term is those terms are defined in
the Uniform Electronic Transactions Electronic Commerce
Security Act.
(b) (Blank).
(c) A document apparently capable of defrauding another
includes, but is not limited to, one by which any right,
obligation or power with reference to any person or property
may be created, transferred, altered or terminated. A document
includes any record or electronic record as those terms are
defined in the Electronic Commerce Security Act. For purposes
of this Section, a document also includes a Universal Price
Code Label or coin.
(c-5) For purposes of this Section, "false document" or
"document that is false" includes, but is not limited to, a
document whose contents are false in some material way, or
that purports to have been made by another or at another time,
or with different provisions, or by authority of one who did
not give such authority.
(d) Sentence.
(1) Except as provided in paragraphs (2) and (3),
forgery is a Class 3 felony.
(2) Forgery is a Class 4 felony when only one
Universal Price Code Label is forged.
(3) Forgery is a Class A misdemeanor when an academic
degree or coin is forged.
(e) It is not a violation of this Section if a false
academic degree explicitly states "for novelty purposes only".
(Source: P.A. 96-1551, eff. 7-1-11; 97-231, eff. 1-1-12;
97-1109, eff. 1-1-13.)
Section 20.82. The Illinois Living Will Act is amended by
changing Sections 5 and 9 as follows:
(755 ILCS 35/5) (from Ch. 110 1/2, par. 705)
Sec. 5. Revocation.
(a) A declaration may be revoked at any time by the
declarant, without regard to declarant's mental or physical
condition, by any of the following methods:
(1) By being obliterated, burnt, torn or otherwise
destroyed or defaced in a manner indicating intention to
cancel;
(2) By a written revocation of the declaration signed
and dated by the declarant or person acting at the
direction of the declarant, regardless of whether the
written revocation is in electronic or hard copy format;
(3) By an oral or any other expression of the intent to
revoke the declaration, in the presence of a witness 18
years of age or older who signs and dates a writing
confirming that such expression of intent was made; or
(4) For an electronic declaration, by deleting in a
manner indicating the intention to revoke. An electronic
declaration may be revoked electronically using a generic,
technology-neutral system in which each user is assigned a
unique identifier that is securely maintained and in a
manner that meets the regulatory requirements for a
digital or electronic signature. Compliance with the
standards defined in the Uniform Electronic Transactions
Electronic Commerce Security Act or the implementing rules
of the Hospital Licensing Act for medical record entry
authentication for author validation of the documentation,
content accuracy, and completeness meets this standard.
(b) A revocation is effective upon communication to the
attending physician by the declarant or by another who
witnessed the revocation. The attending physician shall record
in the patient's medical record the time and date when and the
place where he or she received notification of the revocation.
(c) There shall be no criminal or civil liability on the
part of any person for failure to act upon a revocation made
pursuant to this Section unless that person has actual
knowledge of the revocation.
(Source: P.A. 101-163, eff. 1-1-20.)
(755 ILCS 35/9) (from Ch. 110 1/2, par. 709)
Sec. 9. General provisions.
(a) The withholding or withdrawal of death delaying
procedures from a qualified patient in accordance with the
provisions of this Act shall not, for any purpose, constitute
a suicide.
(b) The making of a declaration pursuant to Section 3
shall not affect in any manner the sale, procurement, or
issuance of any policy of life insurance, nor shall it be
deemed to modify the terms of an existing policy of life
insurance. No policy of life insurance shall be legally
impaired or invalidated in any manner by the withholding or
withdrawal of death delaying procedures from an insured
qualified patient, notwithstanding any term of the policy to
the contrary.
(c) No physician, health care facility, or other health
care provider, and no health care service plan, health
maintenance organization, insurer issuing disability
insurance, self-insured employee welfare benefit plan,
nonprofit medical service corporation or mutual nonprofit
hospital service corporation shall require any person to
execute a declaration as a condition for being insured for, or
receiving, health care services.
(d) Nothing in this Act shall impair or supersede any
legal right or legal responsibility which any person may have
to effect the withholding or withdrawal of death delaying
procedures in any lawful manner. In such respect the
provisions of this Act are cumulative.
(e) This Act shall create no presumption concerning the
intention of an individual who has not executed a declaration
to consent to the use or withholding of death delaying
procedures in the event of a terminal condition.
(f) Nothing in this Act shall be construed to condone,
authorize or approve mercy killing or to permit any
affirmative or deliberate act or omission to end life other
than to permit the natural process of dying as provided in this
Act.
(g) An instrument executed before the effective date of
this Act that substantially complies with subsection (e) of
Section 3 shall be given effect pursuant to the provisions of
this Act.
(h) A declaration executed in another state in compliance
with the law of that state or this State is validly executed
for purposes of this Act, and such declaration shall be
applied in accordance with the provisions of this Act.
(i) Documents, writings, forms, and copies referred to in
this Act may be in hard copy or electronic format. Nothing in
this Act is intended to prevent the population of a
declaration, document, writing, or form with electronic data.
Electronic documents under this Act may be created, signed, or
revoked electronically using a generic, technology-neutral
system in which each user is assigned a unique identifier that
is securely maintained and in a manner that meets the
regulatory requirements for a digital or electronic signature.
Compliance with the standards defined in the Uniform
Electronic Transactions Electronic Commerce Security Act or
the implementing rules of the Hospital Licensing Act for
medical record entry authentication for author validation of
the documentation, content accuracy, and completeness meets
this standard.
(Source: P.A. 101-163, eff. 1-1-20.)
Section 20.83. The Health Care Surrogate Act is amended by
changing Section 70 as follows:
(755 ILCS 40/70)
Sec. 70. Format. The affidavit, medical record, documents,
and forms referred to in this Act may be in hard copy or
electronic format. Nothing in this Act is intended to prevent
the population of an affidavit, medical record, document, or
form with electronic data. A living will, mental health
treatment preferences declaration, practitioner orders for
life-sustaining treatment (POLST), or power of attorney for
health care that is populated with electronic data is
operative. Electronic documents under this Act may be created,
signed, or revoked electronically using a generic,
technology-neutral system in which each user is assigned a
unique identifier that is securely maintained and in a manner
that meets the regulatory requirements for a digital or
electronic signature. Compliance with the standards defined in
the Uniform Electronic Transactions Electronic Commerce
Security Act or the implementing rules of the Hospital
Licensing Act for medical record entry authentication for
author validation of the documentation, content accuracy, and
completeness meets this standard.
(Source: P.A. 101-163, eff. 1-1-20.)
Section 20.84. The Mental Health Treatment Preference
Declaration Act is amended by changing Sections 20 and 50 as
follows:
(755 ILCS 43/20)
Sec. 20. Signatures required.
(a) A declaration is effective only if it is signed by the
principal, and 2 competent adult witnesses. The witnesses must
attest that the principal is known to them, signed the
declaration in their presence and appears to be of sound mind
and not under duress, fraud or undue influence. Persons
specified in Section 65 of this Act may not act as witnesses.
(b) The signature and execution requirements set forth in
this Act are satisfied by: (i) written signatures or initials;
or (ii) electronic signatures or computer-generated signature
codes. Electronic documents under this Act may be created,
signed, or revoked electronically using a generic,
technology-neutral system in which each user is assigned a
unique identifier that is securely maintained and in a manner
that meets the regulatory requirements for a digital or
electronic signature. Compliance with the standards defined in
the Uniform Electronic Transactions Electronic Commerce
Security Act or the implementing rules of the Hospital
Licensing Act for medical record entry authentication for
author validation of the documentation, content accuracy, and
completeness meets this standard.
(Source: P.A. 101-163, eff. 1-1-20.)
(755 ILCS 43/50)
Sec. 50. Revocation. A declaration may be revoked in whole
or in part by written statement at any time by the principal if
the principal is not incapable, regardless of whether the
written revocation is in an electronic or hard copy format. A
written statement of revocation is effective when signed by
the principal and a physician and the principal delivers the
revocation to the attending physician. An electronic
declaration may be revoked electronically using a generic,
technology-neutral system in which each user is assigned a
unique identifier that is securely maintained and in a manner
that meets the regulatory requirements for a digital or
electronic signature. Compliance with the standards defined in
the Uniform Electronic Transactions Electronic Commerce
Security Act or the implementing rules of the Hospital
Licensing Act for medical record entry authentication for
author validation of the documentation, content accuracy, and
completeness meets this standard. The attending physician
shall note the revocation as part of the principal's medical
record.
(Source: P.A. 101-163, eff. 1-1-20.)
Section 20.85. The Illinois Power of Attorney Act is
amended by changing Sections 4-6 and 4-10 as follows:
(755 ILCS 45/4-6) (from Ch. 110 1/2, par. 804-6)
Sec. 4-6. Revocation and amendment of health care
agencies.
(a) Every health care agency may be revoked by the
principal at any time, without regard to the principal's
mental or physical condition, by any of the following methods:
1. By being obliterated, burnt, torn or otherwise
destroyed or defaced in a manner indicating intention to
revoke;
2. By a written revocation of the agency signed and
dated by the principal or person acting at the direction
of the principal, regardless of whether the written
revocation is in an electronic or hard copy format;
3. By an oral or any other expression of the intent to
revoke the agency in the presence of a witness 18 years of
age or older who signs and dates a writing confirming that
such expression of intent was made; or
4. For an electronic health care agency, by deleting
in a manner indicating the intention to revoke. An
electronic health care agency may be revoked
electronically using a generic, technology-neutral system
in which each user is assigned a unique identifier that is
securely maintained and in a manner that meets the
regulatory requirements for a digital or electronic
signature. Compliance with the standards defined in the
Uniform Electronic Transactions Electronic Commerce
Security Act or the implementing rules of the Hospital
Licensing Act for medical record entry authentication for
author validation of the documentation, content accuracy,
and completeness meets this standard.
(b) Every health care agency may be amended at any time by
a written amendment signed and dated by the principal or
person acting at the direction of the principal.
(c) Any person, other than the agent, to whom a revocation
or amendment is communicated or delivered shall make all
reasonable efforts to inform the agent of that fact as
promptly as possible.
(Source: P.A. 101-163, eff. 1-1-20.)
(755 ILCS 45/4-10) (from Ch. 110 1/2, par. 804-10)
Sec. 4-10. Statutory short form power of attorney for
health care.
(a) The form prescribed in this Section (sometimes also
referred to in this Act as the "statutory health care power")
may be used to grant an agent powers with respect to the
principal's own health care; but the statutory health care
power is not intended to be exclusive nor to cover delegation
of a parent's power to control the health care of a minor
child, and no provision of this Article shall be construed to
invalidate or bar use by the principal of any other or
different form of power of attorney for health care.
Nonstatutory health care powers must be executed by the
principal, designate the agent and the agent's powers, and
comply with the limitations in Section 4-5 of this Article,
but they need not be witnessed or conform in any other respect
to the statutory health care power.
No specific format is required for the statutory health
care power of attorney other than the notice must precede the
form. The statutory health care power may be included in or
combined with any other form of power of attorney governing
property or other matters.
The signature and execution requirements set forth in this
Article are satisfied by: (i) written signatures or initials;
or (ii) electronic signatures or computer-generated signature
codes. Electronic documents under this Act may be created,
signed, or revoked electronically using a generic,
technology-neutral system in which each user is assigned a
unique identifier that is securely maintained and in a manner
that meets the regulatory requirements for a digital or
electronic signature. Compliance with the standards defined in
the Uniform Electronic Transactions Electronic Commerce
Security Act or the implementing rules of the Hospital
Licensing Act for medical record entry authentication for
author validation of the documentation, content accuracy, and
completeness meets this standard.
(b) The Illinois Statutory Short Form Power of Attorney
for Health Care shall be substantially as follows:
NOTICE TO THE INDIVIDUAL SIGNING
THE POWER OF ATTORNEY FOR HEALTH CARE
No one can predict when a serious illness or accident
might occur. When it does, you may need someone else to speak
or make health care decisions for you. If you plan now, you can
increase the chances that the medical treatment you get will
be the treatment you want.
In Illinois, you can choose someone to be your "health
care agent". Your agent is the person you trust to make health
care decisions for you if you are unable or do not want to make
them yourself. These decisions should be based on your
personal values and wishes.
It is important to put your choice of agent in writing. The
written form is often called an "advance directive". You may
use this form or another form, as long as it meets the legal
requirements of Illinois. There are many written and on-line
resources to guide you and your loved ones in having a
conversation about these issues. You may find it helpful to
look at these resources while thinking about and discussing
your advance directive.
WHAT ARE THE THINGS I WANT MY
HEALTH CARE AGENT TO KNOW?
The selection of your agent should be considered
carefully, as your agent will have the ultimate
decision-making authority once this document goes into effect,
in most instances after you are no longer able to make your own
decisions. While the goal is for your agent to make decisions
in keeping with your preferences and in the majority of
circumstances that is what happens, please know that the law
does allow your agent to make decisions to direct or refuse
health care interventions or withdraw treatment. Your agent
will need to think about conversations you have had, your
personality, and how you handled important health care issues
in the past. Therefore, it is important to talk with your agent
and your family about such things as:
(i) What is most important to you in your life?
(ii) How important is it to you to avoid pain and
suffering?
(iii) If you had to choose, is it more important to you
to live as long as possible, or to avoid prolonged
suffering or disability?
(iv) Would you rather be at home or in a hospital for
the last days or weeks of your life?
(v) Do you have religious, spiritual, or cultural
beliefs that you want your agent and others to consider?
(vi) Do you wish to make a significant contribution to
medical science after your death through organ or whole
body donation?
(vii) Do you have an existing advance directive, such
as a living will, that contains your specific wishes about
health care that is only delaying your death? If you have
another advance directive, make sure to discuss with your
agent the directive and the treatment decisions contained
within that outline your preferences. Make sure that your
agent agrees to honor the wishes expressed in your advance
directive.
WHAT KIND OF DECISIONS CAN MY AGENT MAKE?
If there is ever a period of time when your physician
determines that you cannot make your own health care
decisions, or if you do not want to make your own decisions,
some of the decisions your agent could make are to:
(i) talk with physicians and other health care
providers about your condition.
(ii) see medical records and approve who else can see
them.
(iii) give permission for medical tests, medicines,
surgery, or other treatments.
(iv) choose where you receive care and which
physicians and others provide it.
(v) decide to accept, withdraw, or decline treatments
designed to keep you alive if you are near death or not
likely to recover. You may choose to include guidelines
and/or restrictions to your agent's authority.
(vi) agree or decline to donate your organs or your
whole body if you have not already made this decision
yourself. This could include donation for transplant,
research, and/or education. You should let your agent know
whether you are registered as a donor in the First Person
Consent registry maintained by the Illinois Secretary of
State or whether you have agreed to donate your whole body
for medical research and/or education.
(vii) decide what to do with your remains after you
have died, if you have not already made plans.
(viii) talk with your other loved ones to help come to
a decision (but your designated agent will have the final
say over your other loved ones).
Your agent is not automatically responsible for your
health care expenses.
WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT?
You can pick a family member, but you do not have to. Your
agent will have the responsibility to make medical treatment
decisions, even if other people close to you might urge a
different decision. The selection of your agent should be done
carefully, as he or she will have ultimate decision-making
authority for your treatment decisions once you are no longer
able to voice your preferences. Choose a family member,
friend, or other person who:
(i) is at least 18 years old;
(ii) knows you well;
(iii) you trust to do what is best for you and is
willing to carry out your wishes, even if he or she may not
agree with your wishes;
(iv) would be comfortable talking with and questioning
your physicians and other health care providers;
(v) would not be too upset to carry out your wishes if
you became very sick; and
(vi) can be there for you when you need it and is
willing to accept this important role.
WHAT IF MY AGENT IS NOT AVAILABLE OR IS
UNWILLING TO MAKE DECISIONS FOR ME?
If the person who is your first choice is unable to carry
out this role, then the second agent you chose will make the
decisions; if your second agent is not available, then the
third agent you chose will make the decisions. The second and
third agents are called your successor agents and they
function as back-up agents to your first choice agent and may
act only one at a time and in the order you list them.
WHAT WILL HAPPEN IF I DO NOT
CHOOSE A HEALTH CARE AGENT?
If you become unable to make your own health care
decisions and have not named an agent in writing, your
physician and other health care providers will ask a family
member, friend, or guardian to make decisions for you. In
Illinois, a law directs which of these individuals will be
consulted. In that law, each of these individuals is called a
"surrogate".
There are reasons why you may want to name an agent rather
than rely on a surrogate:
(i) The person or people listed by this law may not be
who you would want to make decisions for you.
(ii) Some family members or friends might not be able
or willing to make decisions as you would want them to.
(iii) Family members and friends may disagree with one
another about the best decisions.
(iv) Under some circumstances, a surrogate may not be
able to make the same kinds of decisions that an agent can
make.
WHAT IF THERE IS NO ONE AVAILABLE
WHOM I TRUST TO BE MY AGENT?
In this situation, it is especially important to talk to
your physician and other health care providers and create
written guidance about what you want or do not want, in case
you are ever critically ill and cannot express your own
wishes. You can complete a living will. You can also write your
wishes down and/or discuss them with your physician or other
health care provider and ask him or her to write it down in
your chart. You might also want to use written or on-line
resources to guide you through this process.
WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT?
Follow these instructions after you have completed the
form:
(i) Sign the form in front of a witness. See the form
for a list of who can and cannot witness it.
(ii) Ask the witness to sign it, too.
(iii) There is no need to have the form notarized.
(iv) Give a copy to your agent and to each of your
successor agents.
(v) Give another copy to your physician.
(vi) Take a copy with you when you go to the hospital.
(vii) Show it to your family and friends and others
who care for you.
WHAT IF I CHANGE MY MIND?
You may change your mind at any time. If you do, tell
someone who is at least 18 years old that you have changed your
mind, and/or destroy your document and any copies. If you
wish, fill out a new form and make sure everyone you gave the
old form to has a copy of the new one, including, but not
limited to, your agents and your physicians.
WHAT IF I DO NOT WANT TO USE THIS FORM?
In the event you do not want to use the Illinois statutory
form provided here, any document you complete must be executed
by you, designate an agent who is over 18 years of age and not
prohibited from serving as your agent, and state the agent's
powers, but it need not be witnessed or conform in any other
respect to the statutory health care power.
If you have questions about the use of any form, you may
want to consult your physician, other health care provider,
and/or an attorney.
MY POWER OF ATTORNEY FOR HEALTH CARE
THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY
FOR HEALTH CARE. (You must sign this form and a witness must
also sign it before it is valid)
My name (Print your full name):..........
My address:..................................................
I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT
(an agent is your personal representative under state and
federal law):
(Agent name).................
(Agent address).............
(Agent phone number).........................................
(Please check box if applicable) .... If a guardian of my
person is to be appointed, I nominate the agent acting under
this power of attorney as guardian.
SUCCESSOR HEALTH CARE AGENT(S) (optional):
If the agent I selected is unable or does not want to make
health care decisions for me, then I request the person(s) I
name below to be my successor health care agent(s). Only one
person at a time can serve as my agent (add another page if you
want to add more successor agent names):
.....................
(Successor agent #1 name, address and phone number)
..........
(Successor agent #2 name, address and phone number)
MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING:
(i) Deciding to accept, withdraw or decline treatment
for any physical or mental condition of mine, including
life-and-death decisions.
(ii) Agreeing to admit me to or discharge me from any
hospital, home, or other institution, including a mental
health facility.
(iii) Having complete access to my medical and mental
health records, and sharing them with others as needed,
including after I die.
(iv) Carrying out the plans I have already made, or,
if I have not done so, making decisions about my body or
remains, including organ, tissue or whole body donation,
autopsy, cremation, and burial.
The above grant of power is intended to be as broad as
possible so that my agent will have the authority to make any
decision I could make to obtain or terminate any type of health
care, including withdrawal of nutrition and hydration and
other life-sustaining measures.
I AUTHORIZE MY AGENT TO (please check any one box):
.... Make decisions for me only when I cannot make them for
myself. The physician(s) taking care of me will determine
when I lack this ability.
(If no box is checked, then the box above shall be
implemented.) OR
.... Make decisions for me only when I cannot make them for
myself. The physician(s) taking care of me will determine
when I lack this ability. Starting now, for the purpose of
assisting me with my health care plans and decisions, my
agent shall have complete access to my medical and mental
health records, the authority to share them with others as
needed, and the complete ability to communicate with my
personal physician(s) and other health care providers,
including the ability to require an opinion of my
physician as to whether I lack the ability to make
decisions for myself. OR
.... Make decisions for me starting now and continuing
after I am no longer able to make them for myself. While I
am still able to make my own decisions, I can still do so
if I want to.
The subject of life-sustaining treatment is of particular
importance. Life-sustaining treatments may include tube
feedings or fluids through a tube, breathing machines, and
CPR. In general, in making decisions concerning
life-sustaining treatment, your agent is instructed to
consider the relief of suffering, the quality as well as the
possible extension of your life, and your previously expressed
wishes. Your agent will weigh the burdens versus benefits of
proposed treatments in making decisions on your behalf.
Additional statements concerning the withholding or
removal of life-sustaining treatment are described below.
These can serve as a guide for your agent when making decisions
for you. Ask your physician or health care provider if you have
any questions about these statements.
SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR
WISHES (optional):
.... The quality of my life is more important than the
length of my life. If I am unconscious and my attending
physician believes, in accordance with reasonable medical
standards, that I will not wake up or recover my ability to
think, communicate with my family and friends, and
experience my surroundings, I do not want treatments to
prolong my life or delay my death, but I do want treatment
or care to make me comfortable and to relieve me of pain.
.... Staying alive is more important to me, no matter how
sick I am, how much I am suffering, the cost of the
procedures, or how unlikely my chances for recovery are. I
want my life to be prolonged to the greatest extent
possible in accordance with reasonable medical standards.
SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY:
The above grant of power is intended to be as broad as
possible so that your agent will have the authority to make any
decision you could make to obtain or terminate any type of
health care. If you wish to limit the scope of your agent's
powers or prescribe special rules or limit the power to
authorize autopsy or dispose of remains, you may do so
specifically in this form.
..................................
..............................
My signature:..................
Today's date:................................................
HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN
COMPLETE THE SIGNATURE PORTION:
I am at least 18 years old. (check one of the options
below):
.... I saw the principal sign this document, or
.... the principal told me that the signature or mark on
the principal signature line is his or hers.
I am not the agent or successor agent(s) named in this
document. I am not related to the principal, the agent, or the
successor agent(s) by blood, marriage, or adoption. I am not
the principal's physician, advanced practice registered nurse,
dentist, podiatric physician, optometrist, psychologist, or a
relative of one of those individuals. I am not an owner or
operator (or the relative of an owner or operator) of the
health care facility where the principal is a patient or
resident.
Witness printed name:............
Witness address:..............
Witness signature:...............
Today's date:................................................
(c) The statutory short form power of attorney for health
care (the "statutory health care power") authorizes the agent
to make any and all health care decisions on behalf of the
principal which the principal could make if present and under
no disability, subject to any limitations on the granted
powers that appear on the face of the form, to be exercised in
such manner as the agent deems consistent with the intent and
desires of the principal. The agent will be under no duty to
exercise granted powers or to assume control of or
responsibility for the principal's health care; but when
granted powers are exercised, the agent will be required to
use due care to act for the benefit of the principal in
accordance with the terms of the statutory health care power
and will be liable for negligent exercise. The agent may act in
person or through others reasonably employed by the agent for
that purpose but may not delegate authority to make health
care decisions. The agent may sign and deliver all
instruments, negotiate and enter into all agreements and do
all other acts reasonably necessary to implement the exercise
of the powers granted to the agent. Without limiting the
generality of the foregoing, the statutory health care power
shall include the following powers, subject to any limitations
appearing on the face of the form:
(1) The agent is authorized to give consent to and
authorize or refuse, or to withhold or withdraw consent
to, any and all types of medical care, treatment or
procedures relating to the physical or mental health of
the principal, including any medication program, surgical
procedures, life-sustaining treatment or provision of food
and fluids for the principal.
(2) The agent is authorized to admit the principal to
or discharge the principal from any and all types of
hospitals, institutions, homes, residential or nursing
facilities, treatment centers and other health care
institutions providing personal care or treatment for any
type of physical or mental condition. The agent shall have
the same right to visit the principal in the hospital or
other institution as is granted to a spouse or adult child
of the principal, any rule of the institution to the
contrary notwithstanding.
(3) The agent is authorized to contract for any and
all types of health care services and facilities in the
name of and on behalf of the principal and to bind the
principal to pay for all such services and facilities, and
to have and exercise those powers over the principal's
property as are authorized under the statutory property
power, to the extent the agent deems necessary to pay
health care costs; and the agent shall not be personally
liable for any services or care contracted for on behalf
of the principal.
(4) At the principal's expense and subject to
reasonable rules of the health care provider to prevent
disruption of the principal's health care, the agent shall
have the same right the principal has to examine and copy
and consent to disclosure of all the principal's medical
records that the agent deems relevant to the exercise of
the agent's powers, whether the records relate to mental
health or any other medical condition and whether they are
in the possession of or maintained by any physician,
psychiatrist, psychologist, therapist, hospital, nursing
home or other health care provider. The authority under
this paragraph (4) applies to any information governed by
the Health Insurance Portability and Accountability Act of
1996 ("HIPAA") and regulations thereunder. The agent
serves as the principal's personal representative, as that
term is defined under HIPAA and regulations thereunder.
(5) The agent is authorized: to direct that an autopsy
be made pursuant to Section 2 of the Autopsy Act; to make a
disposition of any part or all of the principal's body
pursuant to the Illinois Anatomical Gift Act, as now or
hereafter amended; and to direct the disposition of the
principal's remains.
(6) At any time during which there is no executor or
administrator appointed for the principal's estate, the
agent is authorized to continue to pursue an application
or appeal for government benefits if those benefits were
applied for during the life of the principal.
(d) A physician may determine that the principal is unable
to make health care decisions for himself or herself only if
the principal lacks decisional capacity, as that term is
defined in Section 10 of the Health Care Surrogate Act.
(e) If the principal names the agent as a guardian on the
statutory short form, and if a court decides that the
appointment of a guardian will serve the principal's best
interests and welfare, the court shall appoint the agent to
serve without bond or security.
(Source: P.A. 100-513, eff. 1-1-18; 101-81, eff. 7-12-19;
101-163, eff. 1-1-20.)
Section 20.86. The Limited Liability Company Act is
amended by changing Section 1-6 as follows:
(805 ILCS 180/1-6)
Sec. 1-6. Electronic records. Any requirement in this Act
that there be a writing or that any document, instrument, or
agreement be written or in ink is subject to the provisions of
the Uniform Electronic Transactions Electronic Commerce
Security Act.
(Source: P.A. 99-637, eff. 7-1-17.)
(5 ILCS 175/Act rep.)
Section 20.87. The Electronic Commerce Security Act is
repealed.
(15 ILCS 405/14.01 rep.)
Section 20.88. The State Comptroller Act is amended by
repealing Section 14.01.
Section 99. Effective date. This Act takes effect upon
becoming law.