102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3205

 

Introduced 2/19/2021, by Rep. Jaime M. Andrade, Jr.

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 70/1.15  from Ch. 1, par. 1016
5 ILCS 140/7  from Ch. 116, par. 207
5 ILCS 315/6  from Ch. 48, par. 1606
15 ILCS 405/14.01
20 ILCS 35/20
20 ILCS 2310/2310-600
50 ILCS 55/10
115 ILCS 5/11.1
205 ILCS 305/10.2
205 ILCS 305/19  from Ch. 17, par. 4420
205 ILCS 305/20  from Ch. 17, par. 4421
215 ILCS 5/143.34
215 ILCS 5/513a13
325 ILCS 57/5
720 ILCS 5/17-3  from Ch. 38, par. 17-3
755 ILCS 35/5  from Ch. 110 1/2, par. 705
755 ILCS 35/9  from Ch. 110 1/2, par. 709
755 ILCS 40/70
755 ILCS 43/20
755 ILCS 43/50
755 ILCS 45/4-6  from Ch. 110 1/2, par. 804-6
755 ILCS 45/4-10  from Ch. 110 1/2, par. 804-10
805 ILCS 180/1-6
5 ILCS 175/Act rep.

    Creates the Uniform Electronic Transactions Act. Provides that a contract, record, of signature may not be denied legal effect or enforceability simply because it is in electronic form or an electronic record was used in its formation. Provides that if a law requires a record to be in writing, an electronic record satisfies the law. Provides that if a law requires a signature, an electronic signature satisfies the law. Repeals the Electronic Commerce Security Act. Makes corresponding changes in various laws to conform cross references. Effective immediately.


LRB102 10919 JLS 16250 b

 

 

A BILL FOR

 

HB3205LRB102 10919 JLS 16250 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Uniform Electronic Transactions Act.
 
6    Section 2. Definitions. In this Act:
7    (1) "Agreement" means the bargain of the parties in fact,
8as found in their language or inferred from other
9circumstances and from rules, regulations, and procedures
10given the effect of agreements under laws otherwise applicable
11to a particular transaction.
12    (2) "Automated transaction" means a transaction conducted
13or performed, in whole or in part, by electronic means or
14electronic records, in which the acts or records of one or both
15parties are not reviewed by an individual in the ordinary
16course in forming a contract, performing under an existing
17contract, or fulfilling an obligation required by the
18transaction.
19    (3) "Computer program" means a set of statements or
20instructions to be used directly or indirectly in an
21information processing system in order to bring about a
22certain result.
23    (4) "Contract" means the total legal obligation resulting

 

 

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1from the parties' agreement as affected by this Act and other
2applicable law.
3    (5) "Electronic" means relating to technology having
4electrical, digital, magnetic, wireless, optical,
5electromagnetic, or similar capabilities.
6    (6) "Electronic agent" means a computer program or an
7electronic or other automated means used independently to
8initiate an action or respond to electronic records or
9performances in whole or in part, without review or action by
10an individual.
11    (7) "Electronic record" means a record created, generated,
12sent, communicated, received, or stored by electronic means.
13    (8) "Electronic signature" means an electronic sound,
14symbol, or process attached to or logically associated with a
15record and executed or adopted by a person with the intent to
16sign the record.
17    (9) "Governmental agency" means and includes all officers,
18boards, commissions, courts, and agencies created by the
19Illinois Constitution, whether in the executive, legislative
20or judicial branch, all officers, departments, boards,
21commissions, agencies, institutions, authorities,
22universities, bodies politic and corporate of the State; and
23administrative units or corporate outgrowths of the State
24government which are created by or pursuant to statute, other
25than units of local government and their officers, school
26districts and boards of election commissioners; all

 

 

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1administrative units and corporate outgrowths of the above and
2as may be created by executive order of the Governor.
3    (10) "Information" means data, text, images, sounds,
4codes, computer programs, software, databases, or the like.
5    (11) "Information processing system" means an electronic
6system for creating, generating, sending, receiving, storing,
7displaying, or processing information.
8    (12) "Person" means an individual, corporation, business
9trust, estate, trust, partnership, limited liability company,
10association, joint venture, governmental agency, public
11corporation, or any other legal or commercial entity.
12    (13) "Record" means information that is inscribed on a
13tangible medium or that is stored in an electronic or other
14medium and is retrievable in perceivable form.
15    (14) "Security procedure" means a procedure employed for
16the purpose of verifying that an electronic signature, record,
17or performance is that of a specific person or for detecting
18changes or errors in the information in an electronic record.
19The term includes a procedure that requires the use of
20algorithms or other codes, identifying words or numbers,
21encryption, or callback or other acknowledgment procedures.
22    (15) "State" means a State of the United States, the
23District of Columbia, Puerto Rico, the United States Virgin
24Islands, or any territory or insular possession subject to the
25jurisdiction of the United States. The term includes an Indian
26tribe or band, or Alaskan native village, which is recognized

 

 

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1by federal law or formally acknowledged by a State.
2    (16) "Transaction" means an action or set of actions
3occurring between two or more persons relating to the conduct
4of business, commercial, or governmental affairs.
 
5    Section 3. Scope.
6    (a) Except as otherwise provided in subsection (b), this
7Act applies to electronic records and electronic signatures
8relating to a transaction.
9    (b) This Act does not apply to a transaction to the extent
10it is governed by:
11        (1) a law governing the creation and execution of
12    wills, codicils, or testamentary trusts;
13        (2) The Uniform Commercial Code other than Sections
14    1-107 and 1-206, Article 2, and Article 2A.
15    (c) This Act applies to an electronic record or electronic
16signature otherwise excluded from the application of this Act
17under subsection (b) to the extent it is governed by a law
18other than those specified in subsection (b).
19    (d) A transaction subject to this Act is also subject to
20other applicable substantive law.
 
21    Section 4. Prospective application. This Act applies to
22any electronic record or electronic signature created,
23generated, sent, communicated, received, or stored on or after
24the effective date of this Act.
 

 

 

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1    Section 5. Use of electronic records and electronic
2signatures; variation by agreement.
3    (a) This Act does not require a record or signature to be
4created, generated, sent, communicated, received, stored, or
5otherwise processed or used by electronic means or in
6electronic form.
7    (b) This Act applies only to transactions between parties
8each of which has agreed to conduct transactions by electronic
9means. Whether the parties agree to conduct a transaction by
10electronic means is determined from the context and
11surrounding circumstances, including the parties' conduct.
12    (c) A party that agrees to conduct a transaction by
13electronic means may refuse to conduct other transactions by
14electronic means. The right granted by this subsection may not
15be waived by agreement.
16    (d) Except as otherwise provided in this Act, the effect
17of any of its provisions may be varied by agreement. The
18presence in certain provisions of this Act of the words
19"unless otherwise agreed", or words of similar import, does
20not imply that the effect of other provisions may not be varied
21by agreement.
22    (e) Whether an electronic record or electronic signature
23has legal consequences is determined by this Act and other
24applicable law.
 

 

 

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1    Section 6. Construction and application. This Act must be
2construed and applied:
3        (1) to facilitate electronic transactions consistent
4    with other applicable law;
5        (2) to be consistent with reasonable practices
6    concerning electronic transactions and with the continued
7    expansion of those practices; and
8        (3) to effectuate its general purpose to make uniform
9    the law with respect to the subject of this Act among
10    States enacting it.
 
11    Section 7. Legal recognition of electronic records,
12electronic signatures, and electronic contracts.
13    (a) A record or signature may not be denied legal effect or
14enforceability solely because it is in electronic form.
15    (b) A contract may not be denied legal effect or
16enforceability solely because an electronic record was used in
17its formation.
18    (c) If a law requires a record to be in writing, an
19electronic record satisfies the law.
20    (d) If a law requires a signature, an electronic signature
21satisfies the law.
 
22    Section 8. Provision of information in writing;
23presentation of records.
24    (a) If parties have agreed to conduct a transaction by

 

 

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1electronic means and a law requires a person to provide, send,
2or deliver information in writing to another person, the
3requirement is satisfied if the information is provided, sent,
4or delivered, as the case may be, in an electronic record
5capable of retention by the recipient at the time of receipt.
6An electronic record is not capable of retention by the
7recipient if the sender or its information processing system
8inhibits the ability of the recipient to print or store the
9electronic record.
10    (b) If a law other than this Act requires a record (i) to
11be posted or displayed in a certain manner, (ii) to be sent,
12communicated, or transmitted by a specified method, or (iii)
13to contain information that is formatted in a certain manner,
14the following rules apply:
15        (1) The record must be posted or displayed in the
16    manner specified in the other law.
17        (2) Except as otherwise provided in subsection (d)(2),
18    the record must be sent, communicated, or transmitted by
19    the method specified in the other law.
20        (3) The record shall contain the information formatted
21    in the manner specified in the other law.
22    (c) If a sender inhibits the ability of a recipient to
23store or print an electronic record, the electronic record is
24not enforceable against the recipient.
25    (d) The requirements of this Section may not be varied by
26agreement, but:

 

 

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1        (1) to the extent a law other than this Act requires
2    information to be provided, sent, or delivered in writing
3    but permits that requirement to be varied by agreement,
4    the requirement under subsection (a) that the information
5    be in the form of an electronic record capable of
6    retention may also be varied by agreement; and
7        (2) a requirement under a law other than this Act to
8    send, communicate, or transmit a record by first-class
9    mail may be varied by agreement to the extent permitted by
10    the other law.
 
11    Section 9. Attribution and effect of electronic record and
12electronic signature.
13    (a) An electronic record or electronic signature is
14attributable to a person if it was the act of the person. The
15act of the person may be shown in any manner, including a
16showing of the efficacy of any security procedure applied to
17determine the person to which the electronic record or
18electronic signature was attributable.
19    (b) The effect of an electronic record or electronic
20signature attributed to a person under subsection (a) shall be
21determined from the context and surrounding circumstances at
22the time of its creation, execution, or adoption, including
23the parties' agreement, if any, and otherwise as provided by
24law.
 

 

 

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1    Section 10. Effect of change or error. If a change or error
2in an electronic record occurs in a transmission between
3parties to a transaction, the following rules apply:
4        (1) If the parties have agreed to use a security
5    procedure to detect changes or errors and one party has
6    conformed to the procedure, but the other party has not,
7    and the nonconforming party would have detected the change
8    or error had that party also conformed, the conforming
9    party may avoid the effect of the changed or erroneous
10    electronic record.
11        (2) In an automated transaction involving an
12    individual, the individual may avoid the effect of an
13    electronic record that resulted from an error made by the
14    individual in dealing with the electronic agent of another
15    person if the electronic agent did not provide an
16    opportunity for the prevention or correction of the error
17    and, at the time the individual learns of the error, the
18    individual:
19            (A) promptly notifies the other person of the
20        error and that the individual did not intend to be
21        bound by the electronic record received by the other
22        person;
23            (B) takes reasonable steps, including steps that
24        conform to the other person's reasonable instructions,
25        to return to the other person or, if instructed by the
26        other person, to destroy the consideration received,

 

 

HB3205- 10 -LRB102 10919 JLS 16250 b

1        if any, as a result of the erroneous electronic
2        record; and
3            (C) has not used or received any benefit or value
4        from the consideration, if any, received from the
5        other person.
6        (3) If neither paragraph (1) nor paragraph (2)
7    applies, the change or error has the effect provided by
8    other law, including the law of mistake, and the parties'
9    contract, if any.
10        (4) Paragraphs (2) and (3) may not be varied by
11    agreement.
 
12    Section 11. Notarization and acknowledgment. If a law
13requires a signature or record to be notarized, acknowledged,
14verified, or made under oath, the requirement is satisfied if
15the electronic signature of the person authorized to perform
16those acts, together with all other information required to be
17included by other applicable law, is attached to or logically
18associated with the signature or record.
 
19    Section 12. Retention of electronic records; originals.
20    (a) If a law requires that a record be retained, the
21requirement is satisfied by retaining an electronic record of
22the information in the record which:
23        (1) accurately reflects the information set forth in
24    the record after it was first generated in its final form

 

 

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1    as an electronic record or otherwise; and
2        (2) remains accessible for later reference.
3    (b) A requirement to retain a record in accordance with
4subsection (a) does not apply to any information the sole
5purpose of which is to enable the record to be sent,
6communicated, or received.
7    (c) A person may satisfy subsection (a) by using the
8services of another person if the requirements of that
9subsection are satisfied.
10    (d) If a law requires a record to be presented or retained
11in its original form, or provides consequences if the record
12is not presented or retained in its original form, that law is
13satisfied by an electronic record retained in accordance with
14subsection (a).
15    (e) If a law requires retention of a check, that
16requirement is satisfied by retention of an electronic record
17of the information on the front and back of the check in
18accordance with subsection (a).
19    (f) A record retained as an electronic record in
20accordance with subsection (a) satisfies a law requiring a
21person to retain a record for evidentiary, audit, or like
22purposes, unless a law enacted after the effective date of
23this Act specifically prohibits the use of an electronic
24record for the specified purpose.
25    (g) This Section does not preclude a governmental agency
26of this State from specifying additional requirements for the

 

 

HB3205- 12 -LRB102 10919 JLS 16250 b

1retention of a record subject to the agency's jurisdiction.
 
2    Section 13. Admissibility in evidence. In a proceeding,
3evidence of a record or signature may not be excluded solely
4because it is in electronic form.
 
5    Section 14. Automated transaction.
6     (a) In an automated transaction, the following rules
7apply:
8        (1) A contract may be formed by the interaction of
9    electronic agents of the parties, even if no individual
10    was aware of or reviewed the electronic agents' actions or
11    the resulting terms and agreements.
12        (2) A contract may be formed by the interaction of an
13    electronic agent and an individual, acting on the
14    individual's own behalf or for another person, including
15    by an interaction in which the individual performs actions
16    that the individual is free to refuse to perform and which
17    the individual knows or has reason to know will cause the
18    electronic agent to complete the transaction or
19    performance.
20        (3) The terms of the contract are determined by the
21    substantive law applicable to it.
 
22    Section 15. Time and place of sending and receipt.
23    (a) Unless otherwise agreed between the sender and the

 

 

HB3205- 13 -LRB102 10919 JLS 16250 b

1recipient, an electronic record is sent when it:
2        (1) is addressed properly or otherwise directed
3    properly to an information processing system that the
4    recipient has designated or uses for the purpose of
5    receiving electronic records or information of the type
6    sent and from which the recipient is able to retrieve the
7    electronic record;
8        (2) is in a form capable of being processed by that
9    system; and
10        (3) enters an information processing system outside
11    the control of the sender or of a person that sent the
12    electronic record on behalf of the sender or enters a
13    region of the information processing system designated or
14    used by the recipient which is under the control of the
15    recipient.
16    (b) Unless otherwise agreed between a sender and the
17recipient, an electronic record is received when:
18        (1) it enters an information processing system that
19    the recipient has designated or uses for the purpose of
20    receiving electronic records or information of the type
21    sent and from which the recipient is able to retrieve the
22    electronic record; and
23        (2) it is in a form capable of being processed by that
24    system.
25    (c) Subsection (b) applies even if the place the
26information processing system is located is different from the

 

 

HB3205- 14 -LRB102 10919 JLS 16250 b

1place the electronic record is deemed to be received under
2subsection (d).
3    (d) Unless otherwise expressly provided in the electronic
4record or agreed between the sender and the recipient, an
5electronic record is deemed to be sent from the sender's place
6of business and to be received at the recipient's place of
7business. For purposes of this subsection, the following rules
8apply:
9        (1) If the sender or recipient has more than one place
10    of business, the place of business of that person is the
11    place having the closest relationship to the underlying
12    transaction.
13        (2) If the sender or the recipient does not have a
14    place of business, the place of business is the sender's
15    or recipient's residence, as the case may be.
16    (e) An electronic record is received under subsection (b)
17even if no individual is aware of its receipt.
18    (f) Receipt of an electronic acknowledgment from an
19information processing system described in subsection (b)
20establishes that a record was received but, by itself, does
21not establish that the content sent corresponds to the content
22received.
23    (g) If a person is aware that an electronic record
24purportedly sent under subsection (a), or purportedly received
25under subsection (b), was not actually sent or received, the
26legal effect of the sending or receipt is determined by other

 

 

HB3205- 15 -LRB102 10919 JLS 16250 b

1applicable law. Except to the extent permitted by the other
2law, the requirements of this subsection may not be varied by
3agreement.
 
4    Section 16. Transferable records.
5    (a) In this Section, "transferable record" means an
6electronic record that:
7        (1) would be a note under Article 3 of the Uniform
8    Commercial Code or a document under Article 7 of the
9    Uniform Commercial Code if the electronic record were in
10    writing; and
11        (2) the issuer of the electronic record expressly has
12    agreed is a transferable record.
13    (b) A person has control of a transferable record if a
14system employed for evidencing the transfer of interests in
15the transferable record reliably establishes that person as
16the person to which the transferable record was issued or
17transferred.
18    (c) A system satisfies subsection (b), and a person is
19deemed to have control of a transferable record, if the
20transferable record is created, stored, and assigned in such a
21manner that:
22        (1) a single authoritative copy of the transferable
23    record exists which is unique, identifiable, and, except
24    as otherwise provided in paragraphs (4), (5), and (6),
25    unalterable;

 

 

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1        (2) the authoritative copy identifies the person
2    asserting control as:
3            (A) the person to which the transferable record
4        was issued; or
5            (B) if the authoritative copy indicates that the
6        transferable record has been transferred, the person
7        to which the transferable record was most recently
8        transferred;
9        (3) the authoritative copy is communicated to and
10    maintained by the person asserting control or its
11    designated custodian;
12        (4) copies or revisions that add or change an
13    identified assignee of the authoritative copy can be made
14    only with the consent of the person asserting control;
15        (5) each copy of the authoritative copy and any copy
16    of a copy is readily identifiable as a copy that is not the
17    authoritative copy; and
18        (6) any revision of the authoritative copy is readily
19    identifiable as authorized or unauthorized.
20    (d) Except as otherwise agreed, a person having control of
21a transferable record is the holder, as defined in Section
221-201(20) of the Uniform Commercial Code, of the transferable
23record and has the same rights and defenses as a holder of an
24equivalent record or writing under the Uniform Commercial
25Code, including, if the applicable statutory requirements
26under Section 3-302(a), 7-501, or 9-308 of the Uniform

 

 

HB3205- 17 -LRB102 10919 JLS 16250 b

1Commercial Code are satisfied, the rights and defenses of a
2holder in due course, a holder to which a negotiable document
3of title has been duly negotiated, or a purchaser,
4respectively. Delivery, possession, and indorsement are not
5required to obtain or exercise any of the rights under this
6subsection.
7    (e) Except as otherwise agreed, an obligor under a
8transferable record has the same rights and defenses as an
9equivalent obligor under equivalent records or writings under
10the Uniform Commercial Code.
11    (f) If requested by a person against which enforcement is
12sought, the person seeking to enforce the transferable record
13shall provide reasonable proof that the person is in control
14of the transferable record. Proof may include access to the
15authoritative copy of the transferable record and related
16business records sufficient to review the terms of the
17transferable record and to establish the identity of the
18person having control of the transferable record.
 
19    Section 17. Creation and retention of electronic records
20and conversion of written records by Governmental agencies.
21Each governmental agency of this State shall determine
22whether, and the extent to which, it will create and retain
23electronic records and convert written records to electronic
24records.
 

 

 

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1    Section 18. Acceptance and distribution of electronic
2records by governmental agencies.
3    (a) Except as otherwise provided in Section 12(f), each
4governmental agency of this State shall determine whether, and
5the extent to which, it will send and accept electronic
6records and electronic signatures to and from other persons
7and otherwise create, generate, communicate, store, process,
8use, and rely upon electronic records and electronic
9signatures.
10    (b) To the extent that a governmental agency uses
11electronic records and electronic signatures under subsection
12(a), the Department of Innovation and Technology and the
13Secretary of State, pursuant to their rulemaking authority
14under other law and giving due consideration to security, may
15specify:
16        (1) the manner and format in which the electronic
17    records must be created, generated, sent, communicated,
18    received, and stored and the systems established for those
19    purposes;
20        (2) if electronic records must be signed by electronic
21    means, the type of electronic signature required, the
22    manner and format in which the electronic signature must
23    be affixed to the electronic record, and the identity of,
24    or criteria that must be met by, any third party used by a
25    person filing a document to facilitate the process;
26        (3) control processes and procedures as appropriate to

 

 

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1    ensure adequate preservation, disposition, integrity,
2    security, confidentiality, and auditability of electronic
3    records; and
4        (4) any other required attributes for electronic
5    records which are specified for corresponding
6    nonelectronic records or reasonably necessary under the
7    circumstances.
8    (c) Except as otherwise provided in Section 12(f), this
9Act does not require a governmental agency of this State to use
10or permit the use of electronic records or electronic
11signatures.
 
12    Section 19. Interoperability. The Department of Innovation
13and Technology may encourage and promote consistency and
14interoperability with similar requirements adopted by other
15governmental agencies of this and other States and the federal
16government and nongovernmental persons interacting with
17governmental agencies of this State. If appropriate, those
18standards may specify differing levels of standards from which
19governmental agencies of this State may choose in implementing
20the most appropriate standard for a particular application.
 
21    Section 20. Severability clause. If any provision of this
22Act or its application to any person or circumstance is held
23invalid, the invalidity does not affect other provisions or
24applications of this Act which can be given effect without the

 

 

HB3205- 20 -LRB102 10919 JLS 16250 b

1invalid provision or application, and to this end the
2provisions of this Act are severable.
 
3    Section 20.5. Exemption to preemption by federal
4electronic signatures Act. This Act modifies, limits, or
5supersedes the provisions of the Electronic Signatures in
6Global and National Commerce Act (15 U.S.C. Section 7001 et
7seq.) as authorized by Section 102 of that Act (15 U.S.C.
8Section 7002).
 
9    Section 20.70. The Statute on Statutes is amended by
10changing Section 1.15 as follows:
 
11    (5 ILCS 70/1.15)  (from Ch. 1, par. 1016)
12    Sec. 1.15. "Written" and "in writing" may include
13printing, electronic, and any other mode of representing words
14and letters; but when the written signature of any person is
15required by law on any official or public writing or bond,
16required by law, it shall be (1) the proper handwriting of such
17person or, in case he is unable to write, his proper mark or
18(2) an electronic signature as defined in the Uniform
19Electronic Transactions Act Electronic Commerce Security Act,
20except as otherwise provided by law.
21(Source: P.A. 90-759, eff. 7-1-99.)
 
22    Section 20.71. The Freedom of Information Act is amended

 

 

HB3205- 21 -LRB102 10919 JLS 16250 b

1by changing Section 7 as follows:
 
2    (5 ILCS 140/7)  (from Ch. 116, par. 207)
3    Sec. 7. Exemptions.
4    (1) When a request is made to inspect or copy a public
5record that contains information that is exempt from
6disclosure under this Section, but also contains information
7that is not exempt from disclosure, the public body may elect
8to redact the information that is exempt. The public body
9shall make the remaining information available for inspection
10and copying. Subject to this requirement, the following shall
11be exempt from inspection and copying:
12        (a) Information specifically prohibited from
13    disclosure by federal or State law or rules and
14    regulations implementing federal or State law.
15        (b) Private information, unless disclosure is required
16    by another provision of this Act, a State or federal law or
17    a court order.
18        (b-5) Files, documents, and other data or databases
19    maintained by one or more law enforcement agencies and
20    specifically designed to provide information to one or
21    more law enforcement agencies regarding the physical or
22    mental status of one or more individual subjects.
23        (c) Personal information contained within public
24    records, the disclosure of which would constitute a
25    clearly unwarranted invasion of personal privacy, unless

 

 

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1    the disclosure is consented to in writing by the
2    individual subjects of the information. "Unwarranted
3    invasion of personal privacy" means the disclosure of
4    information that is highly personal or objectionable to a
5    reasonable person and in which the subject's right to
6    privacy outweighs any legitimate public interest in
7    obtaining the information. The disclosure of information
8    that bears on the public duties of public employees and
9    officials shall not be considered an invasion of personal
10    privacy.
11        (d) Records in the possession of any public body
12    created in the course of administrative enforcement
13    proceedings, and any law enforcement or correctional
14    agency for law enforcement purposes, but only to the
15    extent that disclosure would:
16            (i) interfere with pending or actually and
17        reasonably contemplated law enforcement proceedings
18        conducted by any law enforcement or correctional
19        agency that is the recipient of the request;
20            (ii) interfere with active administrative
21        enforcement proceedings conducted by the public body
22        that is the recipient of the request;
23            (iii) create a substantial likelihood that a
24        person will be deprived of a fair trial or an impartial
25        hearing;
26            (iv) unavoidably disclose the identity of a

 

 

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1        confidential source, confidential information
2        furnished only by the confidential source, or persons
3        who file complaints with or provide information to
4        administrative, investigative, law enforcement, or
5        penal agencies; except that the identities of
6        witnesses to traffic accidents, traffic accident
7        reports, and rescue reports shall be provided by
8        agencies of local government, except when disclosure
9        would interfere with an active criminal investigation
10        conducted by the agency that is the recipient of the
11        request;
12            (v) disclose unique or specialized investigative
13        techniques other than those generally used and known
14        or disclose internal documents of correctional
15        agencies related to detection, observation or
16        investigation of incidents of crime or misconduct, and
17        disclosure would result in demonstrable harm to the
18        agency or public body that is the recipient of the
19        request;
20            (vi) endanger the life or physical safety of law
21        enforcement personnel or any other person; or
22            (vii) obstruct an ongoing criminal investigation
23        by the agency that is the recipient of the request.
24        (d-5) A law enforcement record created for law
25    enforcement purposes and contained in a shared electronic
26    record management system if the law enforcement agency

 

 

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1    that is the recipient of the request did not create the
2    record, did not participate in or have a role in any of the
3    events which are the subject of the record, and only has
4    access to the record through the shared electronic record
5    management system.
6        (e) Records that relate to or affect the security of
7    correctional institutions and detention facilities.
8        (e-5) Records requested by persons committed to the
9    Department of Corrections, Department of Human Services
10    Division of Mental Health, or a county jail if those
11    materials are available in the library of the correctional
12    institution or facility or jail where the inmate is
13    confined.
14        (e-6) Records requested by persons committed to the
15    Department of Corrections, Department of Human Services
16    Division of Mental Health, or a county jail if those
17    materials include records from staff members' personnel
18    files, staff rosters, or other staffing assignment
19    information.
20        (e-7) Records requested by persons committed to the
21    Department of Corrections or Department of Human Services
22    Division of Mental Health if those materials are available
23    through an administrative request to the Department of
24    Corrections or Department of Human Services Division of
25    Mental Health.
26        (e-8) Records requested by a person committed to the

 

 

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1    Department of Corrections, Department of Human Services
2    Division of Mental Health, or a county jail, the
3    disclosure of which would result in the risk of harm to any
4    person or the risk of an escape from a jail or correctional
5    institution or facility.
6        (e-9) Records requested by a person in a county jail
7    or committed to the Department of Corrections or
8    Department of Human Services Division of Mental Health,
9    containing personal information pertaining to the person's
10    victim or the victim's family, including, but not limited
11    to, a victim's home address, home telephone number, work
12    or school address, work telephone number, social security
13    number, or any other identifying information, except as
14    may be relevant to a requester's current or potential case
15    or claim.
16        (e-10) Law enforcement records of other persons
17    requested by a person committed to the Department of
18    Corrections, Department of Human Services Division of
19    Mental Health, or a county jail, including, but not
20    limited to, arrest and booking records, mug shots, and
21    crime scene photographs, except as these records may be
22    relevant to the requester's current or potential case or
23    claim.
24        (f) Preliminary drafts, notes, recommendations,
25    memoranda and other records in which opinions are
26    expressed, or policies or actions are formulated, except

 

 

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1    that a specific record or relevant portion of a record
2    shall not be exempt when the record is publicly cited and
3    identified by the head of the public body. The exemption
4    provided in this paragraph (f) extends to all those
5    records of officers and agencies of the General Assembly
6    that pertain to the preparation of legislative documents.
7        (g) Trade secrets and commercial or financial
8    information obtained from a person or business where the
9    trade secrets or commercial or financial information are
10    furnished under a claim that they are proprietary,
11    privileged, or confidential, and that disclosure of the
12    trade secrets or commercial or financial information would
13    cause competitive harm to the person or business, and only
14    insofar as the claim directly applies to the records
15    requested.
16        The information included under this exemption includes
17    all trade secrets and commercial or financial information
18    obtained by a public body, including a public pension
19    fund, from a private equity fund or a privately held
20    company within the investment portfolio of a private
21    equity fund as a result of either investing or evaluating
22    a potential investment of public funds in a private equity
23    fund. The exemption contained in this item does not apply
24    to the aggregate financial performance information of a
25    private equity fund, nor to the identity of the fund's
26    managers or general partners. The exemption contained in

 

 

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1    this item does not apply to the identity of a privately
2    held company within the investment portfolio of a private
3    equity fund, unless the disclosure of the identity of a
4    privately held company may cause competitive harm.
5        Nothing contained in this paragraph (g) shall be
6    construed to prevent a person or business from consenting
7    to disclosure.
8        (h) Proposals and bids for any contract, grant, or
9    agreement, including information which if it were
10    disclosed would frustrate procurement or give an advantage
11    to any person proposing to enter into a contractor
12    agreement with the body, until an award or final selection
13    is made. Information prepared by or for the body in
14    preparation of a bid solicitation shall be exempt until an
15    award or final selection is made.
16        (i) Valuable formulae, computer geographic systems,
17    designs, drawings and research data obtained or produced
18    by any public body when disclosure could reasonably be
19    expected to produce private gain or public loss. The
20    exemption for "computer geographic systems" provided in
21    this paragraph (i) does not extend to requests made by
22    news media as defined in Section 2 of this Act when the
23    requested information is not otherwise exempt and the only
24    purpose of the request is to access and disseminate
25    information regarding the health, safety, welfare, or
26    legal rights of the general public.

 

 

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1        (j) The following information pertaining to
2    educational matters:
3            (i) test questions, scoring keys and other
4        examination data used to administer an academic
5        examination;
6            (ii) information received by a primary or
7        secondary school, college, or university under its
8        procedures for the evaluation of faculty members by
9        their academic peers;
10            (iii) information concerning a school or
11        university's adjudication of student disciplinary
12        cases, but only to the extent that disclosure would
13        unavoidably reveal the identity of the student; and
14            (iv) course materials or research materials used
15        by faculty members.
16        (k) Architects' plans, engineers' technical
17    submissions, and other construction related technical
18    documents for projects not constructed or developed in
19    whole or in part with public funds and the same for
20    projects constructed or developed with public funds,
21    including, but not limited to, power generating and
22    distribution stations and other transmission and
23    distribution facilities, water treatment facilities,
24    airport facilities, sport stadiums, convention centers,
25    and all government owned, operated, or occupied buildings,
26    but only to the extent that disclosure would compromise

 

 

HB3205- 29 -LRB102 10919 JLS 16250 b

1    security.
2        (l) Minutes of meetings of public bodies closed to the
3    public as provided in the Open Meetings Act until the
4    public body makes the minutes available to the public
5    under Section 2.06 of the Open Meetings Act.
6        (m) Communications between a public body and an
7    attorney or auditor representing the public body that
8    would not be subject to discovery in litigation, and
9    materials prepared or compiled by or for a public body in
10    anticipation of a criminal, civil, or administrative
11    proceeding upon the request of an attorney advising the
12    public body, and materials prepared or compiled with
13    respect to internal audits of public bodies.
14        (n) Records relating to a public body's adjudication
15    of employee grievances or disciplinary cases; however,
16    this exemption shall not extend to the final outcome of
17    cases in which discipline is imposed.
18        (o) Administrative or technical information associated
19    with automated data processing operations, including, but
20    not limited to, software, operating protocols, computer
21    program abstracts, file layouts, source listings, object
22    modules, load modules, user guides, documentation
23    pertaining to all logical and physical design of
24    computerized systems, employee manuals, and any other
25    information that, if disclosed, would jeopardize the
26    security of the system or its data or the security of

 

 

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1    materials exempt under this Section.
2        (p) Records relating to collective negotiating matters
3    between public bodies and their employees or
4    representatives, except that any final contract or
5    agreement shall be subject to inspection and copying.
6        (q) Test questions, scoring keys, and other
7    examination data used to determine the qualifications of
8    an applicant for a license or employment.
9        (r) The records, documents, and information relating
10    to real estate purchase negotiations until those
11    negotiations have been completed or otherwise terminated.
12    With regard to a parcel involved in a pending or actually
13    and reasonably contemplated eminent domain proceeding
14    under the Eminent Domain Act, records, documents, and
15    information relating to that parcel shall be exempt except
16    as may be allowed under discovery rules adopted by the
17    Illinois Supreme Court. The records, documents, and
18    information relating to a real estate sale shall be exempt
19    until a sale is consummated.
20        (s) Any and all proprietary information and records
21    related to the operation of an intergovernmental risk
22    management association or self-insurance pool or jointly
23    self-administered health and accident cooperative or pool.
24    Insurance or self insurance (including any
25    intergovernmental risk management association or self
26    insurance pool) claims, loss or risk management

 

 

HB3205- 31 -LRB102 10919 JLS 16250 b

1    information, records, data, advice or communications.
2        (t) Information contained in or related to
3    examination, operating, or condition reports prepared by,
4    on behalf of, or for the use of a public body responsible
5    for the regulation or supervision of financial
6    institutions, insurance companies, or pharmacy benefit
7    managers, unless disclosure is otherwise required by State
8    law.
9        (u) Information that would disclose or might lead to
10    the disclosure of secret or confidential information,
11    codes, algorithms, programs, or private keys intended to
12    be used to create electronic or digital signatures under
13    the Uniform Electronic Transactions Act Electronic
14    Commerce Security Act.
15        (v) Vulnerability assessments, security measures, and
16    response policies or plans that are designed to identify,
17    prevent, or respond to potential attacks upon a
18    community's population or systems, facilities, or
19    installations, the destruction or contamination of which
20    would constitute a clear and present danger to the health
21    or safety of the community, but only to the extent that
22    disclosure could reasonably be expected to jeopardize the
23    effectiveness of the measures or the safety of the
24    personnel who implement them or the public. Information
25    exempt under this item may include such things as details
26    pertaining to the mobilization or deployment of personnel

 

 

HB3205- 32 -LRB102 10919 JLS 16250 b

1    or equipment, to the operation of communication systems or
2    protocols, or to tactical operations.
3        (w) (Blank).
4        (x) Maps and other records regarding the location or
5    security of generation, transmission, distribution,
6    storage, gathering, treatment, or switching facilities
7    owned by a utility, by a power generator, or by the
8    Illinois Power Agency.
9        (y) Information contained in or related to proposals,
10    bids, or negotiations related to electric power
11    procurement under Section 1-75 of the Illinois Power
12    Agency Act and Section 16-111.5 of the Public Utilities
13    Act that is determined to be confidential and proprietary
14    by the Illinois Power Agency or by the Illinois Commerce
15    Commission.
16        (z) Information about students exempted from
17    disclosure under Sections 10-20.38 or 34-18.29 of the
18    School Code, and information about undergraduate students
19    enrolled at an institution of higher education exempted
20    from disclosure under Section 25 of the Illinois Credit
21    Card Marketing Act of 2009.
22        (aa) Information the disclosure of which is exempted
23    under the Viatical Settlements Act of 2009.
24        (bb) Records and information provided to a mortality
25    review team and records maintained by a mortality review
26    team appointed under the Department of Juvenile Justice

 

 

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1    Mortality Review Team Act.
2        (cc) Information regarding interments, entombments, or
3    inurnments of human remains that are submitted to the
4    Cemetery Oversight Database under the Cemetery Care Act or
5    the Cemetery Oversight Act, whichever is applicable.
6        (dd) Correspondence and records (i) that may not be
7    disclosed under Section 11-9 of the Illinois Public Aid
8    Code or (ii) that pertain to appeals under Section 11-8 of
9    the Illinois Public Aid Code.
10        (ee) The names, addresses, or other personal
11    information of persons who are minors and are also
12    participants and registrants in programs of park
13    districts, forest preserve districts, conservation
14    districts, recreation agencies, and special recreation
15    associations.
16        (ff) The names, addresses, or other personal
17    information of participants and registrants in programs of
18    park districts, forest preserve districts, conservation
19    districts, recreation agencies, and special recreation
20    associations where such programs are targeted primarily to
21    minors.
22        (gg) Confidential information described in Section
23    1-100 of the Illinois Independent Tax Tribunal Act of
24    2012.
25        (hh) The report submitted to the State Board of
26    Education by the School Security and Standards Task Force

 

 

HB3205- 34 -LRB102 10919 JLS 16250 b

1    under item (8) of subsection (d) of Section 2-3.160 of the
2    School Code and any information contained in that report.
3        (ii) Records requested by persons committed to or
4    detained by the Department of Human Services under the
5    Sexually Violent Persons Commitment Act or committed to
6    the Department of Corrections under the Sexually Dangerous
7    Persons Act if those materials: (i) are available in the
8    library of the facility where the individual is confined;
9    (ii) include records from staff members' personnel files,
10    staff rosters, or other staffing assignment information;
11    or (iii) are available through an administrative request
12    to the Department of Human Services or the Department of
13    Corrections.
14        (jj) Confidential information described in Section
15    5-535 of the Civil Administrative Code of Illinois.
16        (kk) The public body's credit card numbers, debit card
17    numbers, bank account numbers, Federal Employer
18    Identification Number, security code numbers, passwords,
19    and similar account information, the disclosure of which
20    could result in identity theft or impression or defrauding
21    of a governmental entity or a person.
22        (ll) (kk) Records concerning the work of the threat
23    assessment team of a school district.
24    (1.5) Any information exempt from disclosure under the
25Judicial Privacy Act shall be redacted from public records
26prior to disclosure under this Act.

 

 

HB3205- 35 -LRB102 10919 JLS 16250 b

1    (2) A public record that is not in the possession of a
2public body but is in the possession of a party with whom the
3agency has contracted to perform a governmental function on
4behalf of the public body, and that directly relates to the
5governmental function and is not otherwise exempt under this
6Act, shall be considered a public record of the public body,
7for purposes of this Act.
8    (3) This Section does not authorize withholding of
9information or limit the availability of records to the
10public, except as stated in this Section or otherwise provided
11in this Act.
12(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
13100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff.
141-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
 
15    Section 20.72. The Illinois Public Labor Relations Act is
16amended by changing Section 6 as follows:
 
17    (5 ILCS 315/6)  (from Ch. 48, par. 1606)
18    Sec. 6. Right to organize and bargain collectively;
19exclusive representation; and fair share arrangements.
20    (a) Employees of the State and any political subdivision
21of the State, excluding employees of the General Assembly of
22the State of Illinois and employees excluded from the
23definition of "public employee" under subsection (n) of
24Section 3 of this Act, have, and are protected in the exercise

 

 

HB3205- 36 -LRB102 10919 JLS 16250 b

1of, the right of self-organization, and may form, join or
2assist any labor organization, to bargain collectively through
3representatives of their own choosing on questions of wages,
4hours and other conditions of employment, not excluded by
5Section 4 of this Act, and to engage in other concerted
6activities not otherwise prohibited by law for the purposes of
7collective bargaining or other mutual aid or protection, free
8from interference, restraint or coercion. Employees also have,
9and are protected in the exercise of, the right to refrain from
10participating in any such concerted activities. Employees may
11be required, pursuant to the terms of a lawful fair share
12agreement, to pay a fee which shall be their proportionate
13share of the costs of the collective bargaining process,
14contract administration and pursuing matters affecting wages,
15hours and other conditions of employment as defined in Section
163(g).
17    (b) Nothing in this Act prevents an employee from
18presenting a grievance to the employer and having the
19grievance heard and settled without the intervention of an
20employee organization; provided that the exclusive bargaining
21representative is afforded the opportunity to be present at
22such conference and that any settlement made shall not be
23inconsistent with the terms of any agreement in effect between
24the employer and the exclusive bargaining representative.
25    (c) A labor organization designated by the Board as the
26representative of the majority of public employees in an

 

 

HB3205- 37 -LRB102 10919 JLS 16250 b

1appropriate unit in accordance with the procedures herein or
2recognized by a public employer as the representative of the
3majority of public employees in an appropriate unit is the
4exclusive representative for the employees of such unit for
5the purpose of collective bargaining with respect to rates of
6pay, wages, hours and other conditions of employment not
7excluded by Section 4 of this Act. Unless otherwise mutually
8agreed, a public employer is required at least once each month
9and upon request, to furnish the exclusive bargaining
10representative with a complete list of the names and addresses
11of the public employees in the bargaining unit, provided that
12a public employer shall not be required to furnish such a list
13more than once per payroll period. The exclusive bargaining
14representative shall use the list exclusively for bargaining
15representation purposes and shall not disclose any information
16contained in the list for any other purpose. Nothing in this
17Section, however, shall prohibit a bargaining representative
18from disseminating a list of its union members.
19    At the time the public employer provides such list, it
20shall also provide to the exclusive representative, in an
21Excel file or other mutually agreed upon editable digital file
22format, the employee's job title, worksite location, work
23telephone numbers, identification number if available, and any
24home and personal cellular telephone numbers on file with the
25employer, date of hire, work email address, and any personal
26email address on file with the employer. In addition, unless

 

 

HB3205- 38 -LRB102 10919 JLS 16250 b

1otherwise mutually agreed, within 10 calendar days from the
2date of hire of a bargaining unit employee, the public
3employer shall provide to the exclusive representative, in an
4electronic file or other mutually agreed upon format, the
5following information about the new employee: the employee's
6name, job title, worksite location, home address, work
7telephone numbers, and any home and personal cellular
8telephone numbers on file with the employer, date of hire,
9work email address, and any personal email address on file
10with the employer.
11    (c-5) No employer shall disclose the following information
12of any employee: (1) the employee's home address (including
13ZIP code and county); (2) the employee's date of birth; (3) the
14employee's home and personal phone number; (4) the employee's
15personal email address; (5) any information personally
16identifying employee membership or membership status in a
17labor organization or other voluntary association affiliated
18with a labor organization or a labor federation (including
19whether employees are members of such organization, the
20identity of such organization, whether or not employees pay or
21authorize the payment of any dues or moneys to such
22organization, and the amounts of such dues or moneys); and (6)
23emails or other communications between a labor organization
24and its members.
25    As soon as practicable after receiving a request for any
26information prohibited from disclosure under this subsection

 

 

HB3205- 39 -LRB102 10919 JLS 16250 b

1(c-5), excluding a request from the exclusive bargaining
2representative of the employee, the employer must provide a
3written copy of the request, or a written summary of any oral
4request, to the exclusive bargaining representative of the
5employee or, if no such representative exists, to the
6employee. The employer must also provide a copy of any
7response it has made within 5 business days of sending the
8response to any request.
9    If an employer discloses information in violation of this
10subsection (c-5), an aggrieved employee of the employer or his
11or her exclusive bargaining representative may file an unfair
12labor practice charge with the Illinois Labor Relations Board
13pursuant to Section 10 of this Act or commence an action in the
14circuit court to enforce the provisions of this Act, including
15actions to compel compliance, if an employer willfully and
16wantonly discloses information in violation of this
17subsection. The circuit court for the county in which the
18complainant resides, in which the complainant is employed, or
19in which the employer is located shall have jurisdiction in
20this matter.
21    This subsection does not apply to disclosures (i) required
22under the Freedom of Information Act, (ii) for purposes of
23conducting public operations or business, or (iii) to the
24exclusive representative.
25    (c-10) Employers shall provide to exclusive
26representatives, including their agents and employees,

 

 

HB3205- 40 -LRB102 10919 JLS 16250 b

1reasonable access to employees in the bargaining units they
2represent. This access shall at all times be conducted in a
3manner so as not to impede normal operations.
4        (1) Access includes the following:
5            (A) the right to meet with one or more employees on
6        the employer's premises during the work day to
7        investigate and discuss grievances and
8        workplace-related complaints without charge to pay or
9        leave time of employees or agents of the exclusive
10        representative;
11            (B) the right to conduct worksite meetings during
12        lunch and other non-work breaks, and before and after
13        the workday, on the employer's premises to discuss
14        collective bargaining negotiations, the administration
15        of collective bargaining agreements, other matters
16        related to the duties of the exclusive representative,
17        and internal matters involving the governance or
18        business of the exclusive representative, without
19        charge to pay or leave time of employees or agents of
20        the exclusive representative;
21            (C) the right to meet with newly hired employees,
22        without charge to pay or leave time of the employees or
23        agents of the exclusive representative, on the
24        employer's premises or at a location mutually agreed
25        to by the employer and exclusive representative for up
26        to one hour either within the first two weeks of

 

 

HB3205- 41 -LRB102 10919 JLS 16250 b

1        employment in the bargaining unit or at a later date
2        and time if mutually agreed upon by the employer and
3        the exclusive representative; and
4            (D) the right to use the facility mailboxes and
5        bulletin boards of the employer to communicate with
6        bargaining unit employees regarding collective
7        bargaining negotiations, the administration of the
8        collective bargaining agreements, the investigation of
9        grievances, other workplace-related complaints and
10        issues, and internal matters involving the governance
11        or business of the exclusive representative.
12        (2) Nothing in this Section shall prohibit an employer
13    and exclusive representative from agreeing in a collective
14    bargaining agreement to provide the exclusive
15    representative greater access to bargaining unit
16    employees, including through the use of the employer's
17    email system.
18    (d) Labor organizations recognized by a public employer as
19the exclusive representative or so designated in accordance
20with the provisions of this Act are responsible for
21representing the interests of all public employees in the
22unit. Nothing herein shall be construed to limit an exclusive
23representative's right to exercise its discretion to refuse to
24process grievances of employees that are unmeritorious.
25    (e) When a collective bargaining agreement is entered into
26with an exclusive representative, it may include in the

 

 

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1agreement a provision requiring employees covered by the
2agreement who are not members of the organization to pay their
3proportionate share of the costs of the collective bargaining
4process, contract administration and pursuing matters
5affecting wages, hours and conditions of employment, as
6defined in Section 3 (g), but not to exceed the amount of dues
7uniformly required of members. The organization shall certify
8to the employer the amount constituting each nonmember
9employee's proportionate share which shall not exceed dues
10uniformly required of members. In such case, the proportionate
11share payment in this Section shall be deducted by the
12employer from the earnings of the nonmember employees and paid
13to the employee organization.
14    (f) Employers shall make payroll deductions of labor
15organization dues, initiation fees, assessments, and other
16payments for a labor organization that is the exclusive
17representative. Such deductions shall be made in accordance
18with the terms of an employee's written authorization, and
19shall be paid to the exclusive representative. Written
20authorization may be evidenced by electronic communications,
21and such writing or communication may be evidenced by the
22electronic signature of the employee as provided under Section
235-120 of the Uniform Electronic Transactions Act Electronic
24Commerce Security Act.
25    There is no impediment to an employee's right to resign
26union membership at any time. However, notwithstanding any

 

 

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1other provision of law to the contrary regarding authorization
2and deduction of dues or other payments to a labor
3organization, the exclusive representative and a public
4employee may agree to reasonable limits on the right of the
5employee to revoke such authorization, including a period of
6irrevocability that exceeds one year. An authorization that is
7irrevocable for one year, which may be automatically renewed
8for successive annual periods in accordance with the terms of
9the authorization, and that contains at least an annual 10-day
10period of time during which the employee may revoke the
11authorization, shall be deemed reasonable.
12    This Section shall apply to all claims that allege that a
13labor organization or a public employer has improperly
14deducted or collected dues from an employee without regard to
15whether the claims or the facts upon which they are based
16occurred before, on, or after the effective date of this
17amendatory Act of the 101st General Assembly and shall apply
18retroactively to the maximum extent permitted by law.
19    (f-5) Where a collective bargaining agreement is
20terminated, or continues in effect beyond its scheduled
21expiration date pending the negotiation of a successor
22agreement or the resolution of an impasse under Section 14,
23the employer shall continue to honor and abide by any dues
24deduction or fair share clause contained therein until a new
25agreement is reached including dues deduction or a fair share
26clause. For the benefit of any successor exclusive

 

 

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1representative certified under this Act, this provision shall
2be applicable, provided the successor exclusive
3representative:
4        (i) certifies to the employer the amount constituting
5    each non-member's proportionate share under subsection
6    (e); or
7        (ii) presents the employer with employee written
8    authorizations for the deduction of dues, assessments, and
9    fees under this subsection.
10    Failure to so honor and abide by dues deduction or fair
11share clauses for the benefit of any exclusive representative,
12including a successor, shall be a violation of the duty to
13bargain and an unfair labor practice.
14    (f-10) Upon receiving written notice of authorization, the
15public employer must commence dues deductions as soon as
16practicable, but in no case later than 30 days after receiving
17notice from the labor organization. Employee deductions shall
18be transmitted to the labor organization no later than 30 days
19after they are deducted unless a shorter period is mutually
20agreed to.
21    (f-15) Deductions shall remain in effect until:
22        (1) the public employer receives notice that a public
23    employee has revoked their authorization in writing in
24    accordance with the terms of the authorization; or
25        (2) the individual employee is no longer employed by
26    the public employer in a bargaining unit position

 

 

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1    represented by the same exclusive representative, provided
2    that if the employee is, within a period of one year,
3    employed by the same public employer in a position
4    represented by the same labor organization, the right to
5    dues deduction shall be automatically reinstated.
6    Nothing in this subsection prevents an employee from
7continuing to authorize payroll deductions when no longer
8represented by the exclusive representative that would receive
9such deduction.
10    Should the individual employee who has signed a dues
11deduction authorization card either be removed from a public
12employer's payroll or otherwise placed on any type of
13involuntary or voluntary leave of absence, whether paid or
14unpaid, the public employee's dues deduction shall be
15continued upon that public employee's return to the payroll in
16a bargaining unit position represented by the same exclusive
17representative or restoration to active duty from such a leave
18of absence.
19    (f-20) Unless otherwise mutually agreed by the public
20employer and the exclusive representative, employee requests
21to authorize, revoke, cancel, or change authorizations for
22payroll deductions for labor organizations shall be directed
23to the labor organization rather than to the public employer.
24The labor organization shall be responsible for initially
25processing and notifying the public employer of proper
26requests or providing proper requests to the employer. If the

 

 

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1requests are not provided to the public employer, the employer
2shall rely on information provided by the labor organization
3regarding whether deductions for a labor organization were
4properly authorized, revoked, canceled, or changed, and the
5labor organization shall indemnify the public employer for any
6damages and reasonable costs incurred for any claims made by
7employees for deductions made in good faith reliance on that
8information.
9    (f-25) Upon receipt by the exclusive representative of an
10appropriate written authorization from an employee, written
11notice of authorization shall be provided to the employer and
12any authorized deductions shall be made in accordance with
13law. The labor organization shall indemnify the public
14employer for any damages and reasonable costs incurred for any
15claims made by employees for deductions made in good faith
16reliance on its notification.
17    (f-30) The failure of an employer to comply with the
18provisions of this Section shall be a violation of the duty to
19bargain and an unfair labor practice. Relief for the violation
20shall be reimbursement by the public employer of dues that
21should have been deducted or paid based on a valid
22authorization given by the employee or employees. In addition,
23the provisions of a collective bargaining agreement that
24contain the obligations set forth in this Section may be
25enforced in accordance with Sections 8 and 16.
26    (f-35) The Illinois Labor Relations Board shall have

 

 

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1exclusive jurisdiction over claims under Illinois law that
2allege that a labor organization has unlawfully collected dues
3from a public employee in violation of this Act. The Board
4shall by rule require that in cases in which a public employee
5alleges that a labor organization has unlawfully collected
6dues, the public employer shall continue to deduct the
7employee's dues from the employee's pay, but shall transmit
8the dues to the Board for deposit in an escrow account
9maintained by the Board. If the exclusive representative
10maintains an escrow account for the purpose of holding dues to
11which an employee has objected, the employer shall transmit
12the entire amount of dues to the exclusive representative, and
13the exclusive representative shall hold in escrow the dues
14that the employer would otherwise have been required to
15transmit to the Board for escrow; provided that the escrow
16account maintained by the exclusive representative complies
17with rules adopted by the Board or that the collective
18bargaining agreement requiring the payment of the dues
19contains an indemnification provision for the purpose of
20indemnifying the employer with respect to the employer's
21transmission of dues to the exclusive representative.
22    (f-40) If any clause, sentence, paragraph, or subparagraph
23of this Section shall be adjudged by a court of competent
24jurisdiction to be unconstitutional or otherwise invalid, that
25judgment shall not affect, impair, or invalidate the remainder
26thereof, but shall be confined in its operation to the clause,

 

 

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1sentence, paragraph, or subparagraph of this Section directly
2involved in the controversy in which that judgment shall have
3been rendered.
4    If any clause, sentence, paragraph, or part of a signed
5authorization for payroll deductions shall be adjudged by a
6court of competent jurisdiction to be unconstitutional or
7otherwise invalid, that judgment shall not affect, impair, or
8invalidate the remainder of the signed authorization, but
9shall be confined in its operation to the clause, sentence,
10paragraph, or part of the signed authorization directly
11involved in the controversy in which that judgment shall have
12been rendered.
13    (g) Agreements containing a fair share agreement must
14safeguard the right of nonassociation of employees based upon
15bona fide religious tenets or teachings of a church or
16religious body of which such employees are members. Such
17employees may be required to pay an amount equal to their fair
18share, determined under a lawful fair share agreement, to a
19nonreligious charitable organization mutually agreed upon by
20the employees affected and the exclusive bargaining
21representative to which such employees would otherwise pay
22such service fee. If the affected employees and the bargaining
23representative are unable to reach an agreement on the matter,
24the Board may establish an approved list of charitable
25organizations to which such payments may be made.
26(Source: P.A. 101-620, eff. 12-20-19.)
 

 

 

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1    Section 20.73. The State Comptroller Act is amended by
2changing Section 14.01 as follows:
 
3    (15 ILCS 405/14.01)
4    Sec. 14.01. Digital signatures.
5    (a) In any communication between a State agency and the
6Comptroller in which a signature is required or used, any
7party to the communication may affix a signature by use of a
8digital signature that complies with the requirements of this
9Section. The use of a digital signature shall have the same
10force and effect as the use of a manual signature if and only
11if it embodies all of the following attributes:
12        (1) It is unique to the person using it.
13        (2) It is capable of verification.
14        (3) It is under the sole control of the person using
15    it.
16        (4) It is linked to data in such a manner that if the
17    data are changed, the digital signature is invalidated.
18        (5) It conforms to regulations adopted by the
19    Comptroller.
20    (b) The use or acceptance of a digital signature shall be
21at the option of the parties. Nothing in this Section shall
22require a State agency to use or permit the use of a digital
23signature.
24    (c) "Digital signature" means a type of electronic

 

 

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1signature created by transforming an electronic record using a
2message digest function and encrypting the resulting
3transformation with an asymmetric cryptosystem using the
4signer's private key such that any person having the initial
5untransformed electronic record, the encrypted transformation,
6and the signer's corresponding public key can accurately
7determine whether the transformation was created using the
8private key that corresponds to the signer's public key and
9whether the initial electronic record has been altered since
10the transformation was made. A digital signature is a security
11procedure. has the meaning ascribed to that term in the
12Electronic Commerce Security Act.
13(Source: P.A. 90-37, eff. 6-27-97; 90-759, eff. 7-1-99.)
 
14    Section 20.74. The Government Electronic Records Act is
15amended by changing Section 20 as follows:
 
16    (20 ILCS 35/20)
17    Sec. 20. Electronic transfer of records. Notwithstanding
18any law to the contrary, all government agencies are
19encouraged to employ electronic means of transferring records
20when appropriate. Government agencies may send by electronic
21transmission any document, report, or record that State law
22would otherwise require to be placed in the U.S. mail. Those
23electronic records shall be protected as required by the
24Uniform Electronic Transactions Act Electronic Commerce

 

 

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1Security Act (5 ILCS 175/).
2(Source: P.A. 96-1363, eff. 7-28-10.)
 
3    Section 20.75. The Department of Public Health Powers and
4Duties Law of the Civil Administrative Code of Illinois is
5amended by changing Section 2310-600 as follows:
 
6    (20 ILCS 2310/2310-600)
7    Sec. 2310-600. Advance directive information.
8    (a) The Department of Public Health shall prepare and
9publish the summary of advance directives law, as required by
10the federal Patient Self-Determination Act, and related forms.
11Publication may be limited to the World Wide Web. The summary
12required under this subsection (a) must include the Department
13of Public Health Uniform POLST form.
14    (b) The Department of Public Health shall publish Spanish
15language versions of the following:
16        (1) The statutory Living Will Declaration form.
17        (2) The Illinois Statutory Short Form Power of
18    Attorney for Health Care.
19        (3) The statutory Declaration of Mental Health
20    Treatment Form.
21        (4) The summary of advance directives law in Illinois.
22        (5) The Department of Public Health Uniform POLST
23    form.
24    Publication may be limited to the World Wide Web.

 

 

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1    (b-5) In consultation with a statewide professional
2organization representing physicians licensed to practice
3medicine in all its branches, statewide organizations
4representing physician assistants, advanced practice
5registered nurses, nursing homes, registered professional
6nurses, and emergency medical systems, and a statewide
7organization representing hospitals, the Department of Public
8Health shall develop and publish a uniform form for
9practitioner cardiopulmonary resuscitation (CPR) or
10life-sustaining treatment orders that may be utilized in all
11settings. The form shall meet the published minimum
12requirements to nationally be considered a practitioner orders
13for life-sustaining treatment form, or POLST, and may be
14referred to as the Department of Public Health Uniform POLST
15form. An electronic version of the Uniform POLST form under
16this Act may be created, signed, or revoked electronically
17using a generic, technology-neutral system in which each user
18is assigned a unique identifier that is securely maintained
19and in a manner that meets the regulatory requirements for a
20digital or electronic signature. Compliance with the standards
21defined in the Uniform Electronic Transactions Act Electronic
22Commerce Security Act or the implementing rules of the
23Hospital Licensing Act for medical record entry authentication
24for author validation of the documentation, content accuracy,
25and completeness meets this standard. This form does not
26replace a physician's or other practitioner's authority to

 

 

HB3205- 53 -LRB102 10919 JLS 16250 b

1make a do-not-resuscitate (DNR) order.
2    (b-10) In consultation with a statewide professional
3organization representing physicians licensed to practice
4medicine in all its branches, statewide organizations
5representing physician assistants, advanced practice
6registered nurses, nursing homes, registered professional
7nurses, and emergency medical systems, a statewide bar
8association, a national bar association with an Illinois
9chapter that concentrates in elder and disability law, a
10not-for-profit organ procurement organization that coordinates
11organ and tissue donation, a statewide committee or group
12responsible for stakeholder education about POLST issues, and
13a statewide organization representing hospitals, the
14Department of Public Health shall study the feasibility of
15creating a statewide registry of advance directives and POLST
16forms. The registry would allow residents of this State to
17submit the forms and for the forms to be made available to
18health care providers and professionals in a timely manner for
19the provision of care or services. This study must be filed
20with the General Assembly on or before January 1, 2021.
21    (c) (Blank).
22    (d) The Department of Public Health shall publish the
23Department of Public Health Uniform POLST form reflecting the
24changes made by this amendatory Act of the 98th General
25Assembly no later than January 1, 2015.
26(Source: P.A. 100-513, eff. 1-1-18; 101-163, eff. 1-1-20.)
 

 

 

HB3205- 54 -LRB102 10919 JLS 16250 b

1    Section 20.76. The Local Government Electronic
2Notification Act is amended by changing Section 10 as follows:
 
3    (50 ILCS 55/10)
4    Sec. 10. Definitions.
5    (a) As used in this Act:
6    "Electronic notification delivery system" means a computer
7program that notifies interested parties of a unit of local
8government's action and that may have features that confirm
9physical addresses and email addresses, confirm ownership, and
10confirm receipt of an electronic notification.
11    "Electronic notification recipient" means a person who
12affirmatively informs a unit of local government or county
13officer that he or she would like to receive electronically a
14notification that would have been sent by the unit of local
15government or county officer via United States mail.
16    (b) For the purposes of this Act, an identity is confirmed
17if:
18        (1) the electronic notification recipient provides a
19    birthdate and Social Security number that can be matched
20    with the records of the Secretary of State or the county
21    clerk;
22        (2) a mailing sent by United States mail to the
23    electronic notification recipient is responded to
24    digitally with a unique code;

 

 

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1        (3) the electronic notification recipient uses an
2    electronic a digital signature as defined in the Uniform
3    Electronic Transactions Act Electronic Commerce Security
4    Act; or
5        (4) the electronic notification recipient signs up in
6    person with the unit of local government or county officer
7    and provides a government-issued identification.
8    (c) For the purposes of this Act, a physical address of an
9electronic notification recipient is confirmed if the
10electronic notification recipient's address is matched with
11the records of the Secretary of State and an email address of
12an electronic notification recipient is confirmed when an
13email to that email address has been delivered and
14affirmatively responded to in a way that can be tracked by the
15electronic notification delivery system.
16    (d) For the purposes of this Act, an electronic
17notification recipient's ownership is confirmed if his or her
18name is matched with the records of the county recorder of
19deeds.
20    (e) For the purposes of this Act, the receipt of an
21electronic notification is confirmed if an electronic
22notification recipient:
23        (1) responds to the electronic notification; or
24        (2) reads the electronic notification in an electronic
25    notification delivery system that is able to track that an
26    email has been opened.

 

 

HB3205- 56 -LRB102 10919 JLS 16250 b

1(Source: P.A. 100-856, eff. 1-1-19.)
 
2    Section 20.77. The Illinois Educational Labor Relations
3Act is amended by changing Section 11.1 as follows:
 
4    (115 ILCS 5/11.1)
5    Sec. 11.1. Dues collection.
6    (a) Employers shall make payroll deductions of employee
7organization dues, initiation fees, assessments, and other
8payments for an employee organization that is the exclusive
9representative. Such deductions shall be made in accordance
10with the terms of an employee's written authorization and
11shall be paid to the exclusive representative. Written
12authorization may be evidenced by electronic communications,
13and such writing or communication may be evidenced by the
14electronic signature of the employee as provided under Uniform
15Electronic Transactions Section 5-120 of the Electronic
16Commerce Security Act.
17    There is no impediment to an employee's right to resign
18union membership at any time. However, notwithstanding any
19other provision of law to the contrary regarding authorization
20and deduction of dues or other payments to a labor
21organization, the exclusive representative and an educational
22employee may agree to reasonable limits on the right of the
23employee to revoke such authorization, including a period of
24irrevocability that exceeds one year. An authorization that is

 

 

HB3205- 57 -LRB102 10919 JLS 16250 b

1irrevocable for one year, which may be automatically renewed
2for successive annual periods in accordance with the terms of
3the authorization, and that contains at least an annual 10-day
4period of time during which the educational employee may
5revoke the authorization, shall be deemed reasonable. This
6Section shall apply to all claims that allege that an
7educational employer or employee organization has improperly
8deducted or collected dues from an employee without regard to
9whether the claims or the facts upon which they are based
10occurred before, on, or after the effective date of this
11amendatory Act of the 101st General Assembly and shall apply
12retroactively to the maximum extent permitted by law.
13    (b) Upon receiving written notice of the authorization,
14the educational employer must commence dues deductions as soon
15as practicable, but in no case later than 30 days after
16receiving notice from the employee organization. Employee
17deductions shall be transmitted to the employee organization
18no later than 10 days after they are deducted unless a shorter
19period is mutually agreed to.
20    (c) Deductions shall remain in effect until:
21        (1) the educational employer receives notice that an
22    educational employee has revoked his or her authorization
23    in writing in accordance with the terms of the
24    authorization; or
25        (2) the individual educational employee is no longer
26    employed by the educational employer in a bargaining unit

 

 

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1    position represented by the same exclusive representative;
2    provided that if such employee is, within a period of one
3    year, employed by the same educational employer in a
4    position represented by the same employee organization,
5    the right to dues deduction shall be automatically
6    reinstated.
7    Nothing in this subsection prevents an employee from
8continuing to authorize payroll deductions when no longer
9represented by the exclusive representative that would receive
10those deductions.
11    Should the individual educational employee who has signed
12a dues deduction authorization card either be removed from an
13educational employer's payroll or otherwise placed on any type
14of involuntary or voluntary leave of absence, whether paid or
15unpaid, the employee's dues deduction shall be continued upon
16that employee's return to the payroll in a bargaining unit
17position represented by the same exclusive representative or
18restoration to active duty from such a leave of absence.
19    (d) Unless otherwise mutually agreed by the educational
20employer and the exclusive representative, employee requests
21to authorize, revoke, cancel, or change authorizations for
22payroll deductions for employee organizations shall be
23directed to the employee organization rather than to the
24educational employer. The employee organization shall be
25responsible for initially processing and notifying the
26educational employer of proper requests or providing proper

 

 

HB3205- 59 -LRB102 10919 JLS 16250 b

1requests to the employer. If the requests are not provided to
2the educational employer, the employer shall rely on
3information provided by the employee organization regarding
4whether deductions for an employee organization were properly
5authorized, revoked, canceled, or changed, and the employee
6organization shall indemnify the educational employer for any
7damages and reasonable costs incurred for any claims made by
8educational employees for deductions made in good faith
9reliance on that information.
10    (e) Upon receipt by the exclusive representative of an
11appropriate written authorization from an individual
12educational employee, written notice of authorization shall be
13provided to the educational employer and any authorized
14deductions shall be made in accordance with law. The employee
15organization shall indemnify the educational employer for any
16damages and reasonable costs incurred for any claims made by
17an educational employee for deductions made in good faith
18reliance on its notification.
19    (f) The failure of an educational employer to comply with
20the provisions of this Section shall be a violation of the duty
21to bargain and an unfair labor practice. Relief for the
22violation shall be reimbursement by the educational employer
23of dues that should have been deducted or paid based on a valid
24authorization given by the educational employee or employees.
25In addition, the provisions of a collective bargaining
26agreement that contain the obligations set forth in this

 

 

HB3205- 60 -LRB102 10919 JLS 16250 b

1Section may be enforced in accordance with Section 10.
2    (g) The Illinois Educational Labor Relations Board shall
3have exclusive jurisdiction over claims under Illinois law
4that allege an educational employer or employee organization
5has unlawfully deducted or collected dues from an educational
6employee in violation of this Act. The Board shall by rule
7require that in cases in which an educational employee alleges
8that an employee organization has unlawfully collected dues,
9the educational employer shall continue to deduct the
10employee's dues from the employee's pay, but shall transmit
11the dues to the Board for deposit in an escrow account
12maintained by the Board. If the exclusive representative
13maintains an escrow account for the purpose of holding dues to
14which an employee has objected, the employer shall transmit
15the entire amount of dues to the exclusive representative, and
16the exclusive representative shall hold in escrow the dues
17that the employer would otherwise have been required to
18transmit to the Board for escrow; provided that the escrow
19account maintained by the exclusive representative complies
20with rules adopted by the Board or that the collective
21bargaining agreement requiring the payment of the dues
22contains an indemnification provision for the purpose of
23indemnifying the employer with respect to the employer's
24transmission of dues to the exclusive representative.
25    (h) If a collective bargaining agreement that includes a
26dues deduction clause expires or continues in effect beyond

 

 

HB3205- 61 -LRB102 10919 JLS 16250 b

1its scheduled expiration date pending the negotiation of a
2successor agreement, then the employer shall continue to honor
3and abide by the dues deduction clause until a new agreement
4that includes a dues deduction clause is reached. Failure to
5honor and abide by the dues deduction clause for the benefit of
6any exclusive representative as set forth in this subsection
7(h) shall be a violation of the duty to bargain and an unfair
8labor practice. For the benefit of any successor exclusive
9representative certified under this Act, this provision shall
10be applicable, provided the successor exclusive representative
11presents the employer with employee written authorizations or
12certifications from the exclusive representative for the
13deduction of dues, assessments, and fees under this subsection
14(h).
15    (i)(1) If any clause, sentence, paragraph, or subdivision
16of this Section shall be adjudged by a court of competent
17jurisdiction to be unconstitutional or otherwise invalid, that
18judgment shall not affect, impair, or invalidate the remainder
19thereof, but shall be confined in its operation to the clause,
20sentence, paragraph, or subdivision of this Section directly
21involved in the controversy in which such judgment shall have
22been rendered.
23    (2) If any clause, sentence, paragraph, or part of a
24signed authorization for payroll deductions shall be adjudged
25by a court of competent jurisdiction to be unconstitutional or
26otherwise invalid, that judgment shall not affect, impair, or

 

 

HB3205- 62 -LRB102 10919 JLS 16250 b

1invalidate the remainder of the signed authorization, but
2shall be confined in its operation to the clause, sentence,
3paragraph, or part of the signed authorization directly
4involved in the controversy in which such judgment shall have
5been rendered.
6(Source: P.A. 101-620, eff. 12-20-19.)
 
7    Section 20.78. The Illinois Credit Union Act is amended by
8changing Sections 10.2, 19 and 20 as follows:
 
9    (205 ILCS 305/10.2)
10    Sec. 10.2. Electronic records.
11    (a) As used in this Section, "electronic" and "electronic
12record" have the meanings given to those terms in the Uniform
13Electronic Transactions Electronic Commerce Security Act.
14    (b) If a provision of this Act requires information to be
15written or delivered in writing, or provides for certain
16consequences if it is not, an electronic record or electronic
17delivery satisfies that rule of law.
18    (c) If a provision of this Act requires a policy, record,
19notice or other document or information to be mailed or
20otherwise furnished, posted, or disclosed by a credit union,
21electronic delivery or distribution satisfies that rule of
22law. Policies and notifications of general interest to or
23impact on the membership may be posted on a credit union's
24website or disclosed in membership newsletters or account

 

 

HB3205- 63 -LRB102 10919 JLS 16250 b

1statements, in addition to, or in lieu of, any other methods of
2notification or distribution specified in this Act.
3(Source: P.A. 101-567, eff. 8-23-19.)
 
4    (205 ILCS 305/19)  (from Ch. 17, par. 4420)
5    Sec. 19. Meeting of members.
6    (1) The annual meeting shall be held each year during the
7months of January, February or March or such other month as may
8be approved by the Department. The meeting shall be held at the
9time, place and in the manner set forth in the bylaws. Any
10special meetings of the members of the credit union shall be
11held at the time, place and in the manner set forth in the
12bylaws. Unless otherwise set forth in this Act, quorum
13requirements for meetings of members shall be established by a
14credit union in its bylaws. Notice of all meetings must be
15given by the secretary of the credit union at least 7 days
16before the date of such meeting, either by handing a written or
17printed notice to each member of the credit union, by mailing
18the notice to the member at his address as listed on the books
19and records of the credit union, or by posting a notice of the
20meeting in three conspicuous places, including the office of
21the credit union.
22    (2) On all questions and at all elections, except election
23of directors, each member has one vote regardless of the
24number of his shares. There shall be no voting by proxy except
25on the election of directors, proposals for merger or

 

 

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1voluntary dissolution. Members may vote on questions and in
2elections by secure electronic record if approved by the board
3of directors. All voting on the election of directors shall be
4by ballot, but when there is no contest, written or electronic
5ballots need not be cast. The record date to be used for the
6purpose of determining which members are entitled to notice of
7or to vote at any meeting of members, may be fixed in advance
8by the directors on a date not more than 90 days nor less than
910 days prior to the date of the meeting. If no record date is
10fixed by the directors, the first day on which notice of the
11meeting is given, mailed or posted is the record date.
12    (3) Regardless of the number of shares owned by a society,
13association, club, partnership, other credit union or
14corporation, having membership in the credit union, it shall
15be entitled to only one vote and it may be represented and have
16its vote cast by its designated agent acting on its behalf
17pursuant to a resolution adopted by the organization's board
18of directors or similar governing authority; provided that the
19credit union shall obtain a certified copy of such resolution
20before such vote may be cast.
21    (4) A member may revoke a proxy by delivery to the credit
22union of a written statement to that effect, by execution of a
23subsequently dated proxy, by execution of a secure electronic
24record, or by attendance at a meeting and voting in person.
25    (5) As used in this Section, "electronic" and "electronic
26record" have the meanings ascribed to those terms in the

 

 

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1Uniform Electronic Transactions Electronic Commerce Security
2Act. As used in this Section, "secured electronic record"
3means an electronic record that meets the criteria set forth
4in Uniform Electronic Transactions Section 10-105 of the
5Electronic Commerce Security Act.
6(Source: P.A. 100-361, eff. 8-25-17.)
 
7    (205 ILCS 305/20)  (from Ch. 17, par. 4421)
8    Sec. 20. Election or appointment of officials.
9    (1) The credit union shall be directed by a board of
10directors consisting of no less than 7 in number, to be elected
11at the annual meeting by and from the members. Directors shall
12hold office until the next annual meeting, unless their terms
13are staggered. Upon amendment of its bylaws, a credit union
14may divide the directors into 2 or 3 classes with each class as
15nearly equal in number as possible. The term of office of the
16directors of the first class shall expire at the first annual
17meeting after their election, that of the second class shall
18expire at the second annual meeting after their election, and
19that of the third class, if any, shall expire at the third
20annual meeting after their election. At each annual meeting
21after the classification, the number of directors equal to the
22number of directors whose terms expire at the time of the
23meeting shall be elected to hold office until the second
24succeeding annual meeting if there are 2 classes or until the
25third succeeding annual meeting if there are 3 classes. A

 

 

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1director shall hold office for the term for which he or she is
2elected and until his or her successor is elected and
3qualified.
4    (1.5) Except as provided in subsection (1.10), in all
5elections for directors, every member has the right to vote,
6in person, by proxy, or by secure electronic record if
7approved by the board of directors, the number of shares owned
8by him, or in the case of a member other than a natural person,
9the member's one vote, for as many persons as there are
10directors to be elected, or to cumulate such shares, and give
11one candidate as many votes as the number of directors
12multiplied by the number of his shares equals, or to
13distribute them on the same principle among as many candidates
14as he may desire and the directors shall not be elected in any
15other manner. Shares held in a joint account owned by more than
16one member may be voted by any one of the members, however, the
17number of cumulative votes cast may not exceed a total equal to
18the number of shares multiplied by the number of directors to
19be elected. A majority of the shares entitled to vote shall be
20represented either in person or by proxy for the election of
21directors. Each director shall wholly take and subscribe to an
22oath that he will diligently and honestly perform his duties
23in administering the affairs of the credit union, that while
24he may delegate to another the performance of those
25administrative duties he is not thereby relieved from his
26responsibility for their performance, that he will not

 

 

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1knowingly violate or permit to be violated any law applicable
2to the credit union, and that he is the owner of at least one
3share of the credit union.
4    (1.10) Upon amendment of a credit union's bylaws approved
5by the members, in all elections for directors, every member
6who is a natural person shall have the right to cast one vote,
7regardless of the number of his or her shares, in person, by
8proxy, or by secure electronic record if approved by the board
9of directors, for as many persons as there are directors to be
10elected.
11    (1.15) If the board of directors has adopted a policy
12addressing age eligibility standards on voting, holding
13office, or petitioning the board, then a credit union may
14require (i) that members be at least 18 years of age by the
15date of the meeting in order to vote at meetings of the
16members, sign nominating petitions, or sign petitions
17requesting special meetings, and (ii) that members be at least
1818 years of age by the date of election or appointment in order
19to hold elective or appointive office.
20    (2) The board of directors shall appoint from among the
21members of the credit union, a supervisory committee of not
22less than 3 members at the organization meeting and within 30
23days following each annual meeting of the members for such
24terms as the bylaws provide. Members of the supervisory
25committee may, but need not be, on the board of directors, but
26shall not be officers of the credit union, members of the

 

 

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1credit committee, or the credit manager if no credit committee
2has been appointed.
3    (3) The board of directors may appoint, from among the
4members of the credit union, a credit committee consisting of
5an odd number, not less than 3 for such terms as the bylaws
6provide. Members of the credit committee may, but need not be,
7directors or officers of the credit union, but shall not be
8members of the supervisory committee.
9    (4) The board of directors may appoint from among the
10members of the credit union a membership committee of one or
11more persons. If appointed, the committee shall act upon all
12applications for membership and submit a report of its actions
13to the board of directors at the next regular meeting for
14review. If no membership committee is appointed, credit union
15management shall act upon all applications for membership and
16submit a report of its actions to the board of directors at the
17next regular meeting for review.
18    (5) As used in this Section, "electronic" and "electronic
19record" have the meanings ascribed to those terms in the
20Uniform Electronic Transactions Electronic Commerce Security
21Act. As used in this Section, "secured electronic record"
22means an electronic record that meets the criteria set forth
23in Uniform Electronic Transactions Section 10-105 of the
24Electronic Commerce Security Act.
25(Source: P.A. 100-361, eff. 8-25-17.)
 

 

 

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1    Section 20.79. The Illinois Insurance Code is amended by
2changing Sections 143.34 and 513a13 as follows:
 
3    (215 ILCS 5/143.34)
4    Sec. 143.34. Electronic notices and documents.
5    (a) As used in this Section:
6    "Delivered by electronic means" includes:
7        (1) delivery to an electronic mail address at which a
8    party has consented to receive notices or documents; or
9        (2) posting on an electronic network or site
10    accessible via the Internet, mobile application, computer,
11    mobile device, tablet, or any other electronic device,
12    together with separate notice of the posting, which shall
13    be provided by electronic mail to the address at which the
14    party has consented to receive notice or by any other
15    delivery method that has been consented to by the party.
16    "Party" means any recipient of any notice or document
17required as part of an insurance transaction, including, but
18not limited to, an applicant, an insured, a policyholder, or
19an annuity contract holder.
20    (b) Subject to the requirements of this Section, any
21notice to a party or any other document required under
22applicable law in an insurance transaction or that is to serve
23as evidence of insurance coverage may be delivered, stored,
24and presented by electronic means so long as it meets the
25requirements of the Uniform Electronic Transactions Electronic

 

 

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1Commerce Security Act.
2    (c) Delivery of a notice or document in accordance with
3this Section shall be considered equivalent to any delivery
4method required under applicable law, including delivery by
5first class mail; first class mail, postage prepaid; certified
6mail; certificate of mail; or certificate of mailing.
7    (d) A notice or document may be delivered by electronic
8means by an insurer to a party under this Section if:
9        (1) the party has affirmatively consented to that
10    method of delivery and has not withdrawn the consent;
11        (2) the party, before giving consent, is provided with
12    a clear and conspicuous statement informing the party of:
13            (A) the right of the party to withdraw consent to
14        have a notice or document delivered by electronic
15        means, at any time, and any conditions or consequences
16        imposed in the event consent is withdrawn;
17            (B) the types of notices and documents to which
18        the party's consent would apply;
19            (C) the right of a party to have a notice or
20        document delivered in paper form; and
21            (D) the procedures a party must follow to withdraw
22        consent to have a notice or document delivered by
23        electronic means and to update the party's electronic
24        mail address;
25        (3) the party:
26            (A) before giving consent, is provided with a

 

 

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1        statement of the hardware and software requirements
2        for access to, and retention of, a notice or document
3        delivered by electronic means; and
4            (B) consents electronically, or confirms consent
5        electronically, in a manner that reasonably
6        demonstrates that the party can access information in
7        the electronic form that will be used for notices or
8        documents delivered by electronic means as to which
9        the party has given consent; and
10        (4) after consent of the party is given, the insurer,
11    in the event a change in the hardware or software
12    requirements needed to access or retain a notice or
13    document delivered by electronic means creates a material
14    risk that the party will not be able to access or retain a
15    subsequent notice or document to which the consent
16    applies:
17            (A) provides the party with a statement that
18        describes:
19                (i) the revised hardware and software
20            requirements for access to and retention of a
21            notice or document delivered by electronic means;
22            and
23                (ii) the right of the party to withdraw
24            consent without the imposition of any condition or
25            consequence that was not disclosed at the time of
26            initial consent; and

 

 

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1            (B) complies with paragraph (2) of this subsection
2        (d).
3    (e) Delivery of a notice or document in accordance with
4this Section does not affect requirements related to content
5or timing of any notice or document required under applicable
6law.
7    (f) If a provision of this Section or applicable law
8requiring a notice or document to be provided to a party
9expressly requires verification or acknowledgment of receipt
10of the notice or document, the notice or document may be
11delivered by electronic means only if the method used provides
12for verification or acknowledgment of receipt.
13    (g) The legal effectiveness, validity, or enforceability
14of any contract or policy of insurance executed by a party may
15not be denied solely because of the failure to obtain
16electronic consent or confirmation of consent of the party in
17accordance with subparagraph (B) of paragraph (3) of
18subsection (d) of this Section.
19    (h) A withdrawal of consent by a party does not affect the
20legal effectiveness, validity, or enforceability of a notice
21or document delivered by electronic means to the party before
22the withdrawal of consent is effective.
23    A withdrawal of consent by a party is effective within a
24reasonable period of time after receipt of the withdrawal by
25the insurer.
26    Failure by an insurer to comply with paragraph (4) of

 

 

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1subsection (d) of this Section and subsection (j) of this
2Section may be treated, at the election of the party, as a
3withdrawal of consent for purposes of this Section.
4    (i) This Section does not apply to a notice or document
5delivered by an insurer in an electronic form before the
6effective date of this amendatory Act of the 99th General
7Assembly to a party who, before that date, has consented to
8receive notice or document in an electronic form otherwise
9allowed by law.
10    (j) If the consent of a party to receive certain notices or
11documents in an electronic form is on file with an insurer
12before the effective date of this amendatory Act of the 99th
13General Assembly and, pursuant to this Section, an insurer
14intends to deliver additional notices or documents to the
15party in an electronic form, then prior to delivering such
16additional notices or documents electronically, the insurer
17shall:
18            (1) provide the party with a statement that
19        describes:
20                (A) the notices or documents that shall be
21            delivered by electronic means under this Section
22            that were not previously delivered electronically;
23            and
24                (B) the party's right to withdraw consent to
25            have notices or documents delivered by electronic
26            means without the imposition of any condition or

 

 

HB3205- 74 -LRB102 10919 JLS 16250 b

1            consequence that was not disclosed at the time of
2            initial consent; and
3            (2) comply with paragraph (2) of subsection (d) of
4        this Section.
5    (k) An insurer shall deliver a notice or document by any
6other delivery method permitted by law other than electronic
7means if:
8        (1) the insurer attempts to deliver the notice or
9    document by electronic means and has a reasonable basis
10    for believing that the notice or document has not been
11    received by the party; or
12        (2) the insurer becomes aware that the electronic mail
13    address provided by the party is no longer valid.
14    (l) A producer shall not be subject to civil liability for
15any harm or injury that occurs as a result of a party's
16election to receive any notice or document by electronic means
17or by an insurer's failure to deliver a notice or document by
18electronic means unless the harm or injury is caused by the
19willful and wanton misconduct of the producer.
20    (m) This Section shall not be construed to modify, limit,
21or supersede the provisions of the federal Electronic
22Signatures in Global and National Commerce Act, as amended.
23    (n) Nothing in this Section shall prevent an insurer from
24posting on the insurer's Internet site any standard policy and
25any endorsements to such a policy that does not contain
26personally identifiable information, in accordance with

 

 

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1Section 143.33 of this Code, in lieu of delivery to a
2policyholder, insured, or applicant for insurance by any other
3method.
4(Source: P.A. 99-167, eff. 1-1-16.)
 
5    (215 ILCS 5/513a13)
6    Sec. 513a13. Electronic delivery of notices and documents.
7    (a) As used in this Section:
8    "Delivered by electronic means" includes:
9        (1) delivery to an electronic mail address at which a
10    party has consented to receive notices or documents; or
11        (2) posting on an electronic network or site
12    accessible via the Internet, mobile application, computer,
13    mobile device, tablet, or any other electronic device,
14    together with separate notice of the posting, which shall
15    be provided by electronic mail to the address at which the
16    party has consented to receive notice or by any other
17    delivery method that has been consented to by the party.
18    "Party" means any recipient of any notice or document
19required as part of a premium finance agreement including, but
20not limited to, an applicant or contracting party. For the
21purposes of this Section, "party" includes the producer of
22record.
23    (b) Subject to the requirements of this Section, any
24notice to a party or any other document required under
25applicable law in a premium finance agreement or that is to

 

 

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1serve as evidence of a premium finance agreement may be
2delivered, stored, and presented by electronic means so long
3as it meets the requirements of the Uniform Electronic
4Transactions Electronic Commerce Security Act.
5    (c) Delivery of a notice or document in accordance with
6this Section shall be considered equivalent to delivery by
7first class mail or first class mail, postage prepaid.
8    (d) A notice or document may be delivered by electronic
9means by a premium finance company to a party under this
10Section if:
11        (1) the party has affirmatively consented to that
12    method of delivery and has not withdrawn the consent;
13        (2) the party, before giving consent, is provided with
14    a clear and conspicuous statement informing the party of:
15            (A) the right of the party to withdraw consent to
16        have a notice or document delivered by electronic
17        means, at any time, and any conditions or consequences
18        imposed in the event consent is withdrawn;
19            (B) the types of notices and documents to which
20        the party's consent would apply;
21            (C) the right of a party to have a notice or
22        document delivered in paper form; and
23            (D) the procedures a party must follow to withdraw
24        consent to have a notice or document delivered by
25        electronic means and to update the party's electronic
26        mail address;

 

 

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1        (3) the party:
2            (A) before giving consent, is provided with a
3        statement of the hardware and software requirements
4        for access to, and retention of, a notice or document
5        delivered by electronic means; and
6            (B) consents electronically, or confirms consent
7        electronically, in a manner that reasonably
8        demonstrates that the party can access information in
9        the electronic form that will be used for notices or
10        documents delivered by electronic means as to which
11        the party has given consent; and
12        (4) after consent of the party is given, the premium
13    finance company, in the event a change in the hardware or
14    software requirements needed to access or retain a notice
15    or document delivered by electronic means creates a
16    material risk that the party will not be able to access or
17    retain a subsequent notice or document to which the
18    consent applies:
19            (A) provides the party with a statement that
20        describes:
21                (i) the revised hardware and software
22            requirements for access to and retention of a
23            notice or document delivered by electronic means;
24            and
25                (ii) the right of the party to withdraw
26            consent without the imposition of any condition or

 

 

HB3205- 78 -LRB102 10919 JLS 16250 b

1            consequence that was not disclosed at the time of
2            initial consent; and
3            (B) complies with paragraph (2) of this subsection
4        (d).
5    (e) Delivery of a notice or document in accordance with
6this Section does not affect requirements related to content
7or timing of any notice or document required under applicable
8law.
9    (f) The legal effectiveness, validity, or enforceability
10of any premium finance agreement executed by a party may not be
11denied solely because of the failure to obtain electronic
12consent or confirmation of consent of the party in accordance
13with subparagraph (B) of paragraph (3) of subsection (d) of
14this Section.
15    (g) A withdrawal of consent by a party does not affect the
16legal effectiveness, validity, or enforceability of a notice
17or document delivered by electronic means to the party before
18the withdrawal of consent is effective.
19    A withdrawal of consent by a party is effective within a
20reasonable period of time after receipt of the withdrawal by
21the premium finance company.
22    Failure by a premium finance company to comply with
23paragraph (4) of subsection (d) of this Section and subsection
24(j) of this Section may be treated, at the election of the
25party, as a withdrawal of consent for purposes of this
26Section.

 

 

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1    (h) This Section does not apply to a notice or document
2delivered by a premium finance company in an electronic form
3before the effective date of this amendatory Act of the 100th
4General Assembly to a party who, before that date, has
5consented to receive notice or document in an electronic form
6otherwise allowed by law.
7    (i) If the consent of a party to receive certain notices or
8documents in an electronic form is on file with a premium
9finance company before the effective date of this amendatory
10Act of the 100th General Assembly and, pursuant to this
11Section, a premium finance company intends to deliver
12additional notices or documents to the party in an electronic
13form, then prior to delivering such additional notices or
14documents electronically, the premium finance company shall:
15            (1) provide the party with a statement that
16        describes:
17                (A) the notices or documents that shall be
18            delivered by electronic means under this Section
19            that were not previously delivered electronically;
20            and
21                (B) the party's right to withdraw consent to
22            have notices or documents delivered by electronic
23            means without the imposition of any condition or
24            consequence that was not disclosed at the time of
25            initial consent; and
26            (2) comply with paragraph (2) of subsection (d) of

 

 

HB3205- 80 -LRB102 10919 JLS 16250 b

1        this Section.
2    (j) A premium finance company shall deliver a notice or
3document by any other delivery method permitted by law other
4than electronic means if:
5        (1) the premium finance company attempts to deliver
6    the notice or document by electronic means and has a
7    reasonable basis for believing that the notice or document
8    has not been received by the party; or
9        (2) the premium finance company becomes aware that the
10    electronic mail address provided by the party is no longer
11    valid.
12    (k) The producer of record shall not be subject to civil
13liability for any harm or injury that occurs as a result of a
14party's election to receive any notice or document by
15electronic means or by a premium finance company's failure to
16deliver a notice or document by electronic means unless the
17harm or injury is caused by the willful and wanton misconduct
18of the producer of record.
19    (l) This Section shall not be construed to modify, limit,
20or supersede the provisions of the federal Electronic
21Signatures in Global and National Commerce Act, as amended.
22(Source: P.A. 100-495, eff. 1-1-18.)
 
23    Section 20.80. The Find Our Children Act is amended by
24changing Section 5 as follows:
 

 

 

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1    (325 ILCS 57/5)
2    Sec. 5. State agency webpage requirements.
3    (a) Each State agency that maintains an Internet website
4must include a hypertext link to the homepage website
5maintained and operated by the National Center For Missing And
6Exploited Children.
7    (b) Each State agency that maintains an Internet website
8must include a hypertext link to any State agency website that
9posts information concerning AMBER alerts or similar
10broadcasts concerning missing children.
11    (c) For the purpose of this Act, "State agency" has the
12meaning ascribed to the term "governmental agency" under the
13Uniform Electronic Transactions set forth in Section 5-105 of
14the Electronic Commerce Security Act.
15(Source: P.A. 94-484, eff. 8-8-05.)
 
16    Section 20.81. The Criminal Code of 2012 is amended by
17changing Section 17-3 as follows:
 
18    (720 ILCS 5/17-3)  (from Ch. 38, par. 17-3)
19    Sec. 17-3. Forgery.
20    (a) A person commits forgery when, with intent to defraud,
21he or she knowingly:
22        (1) makes a false document or alters any document to
23    make it false and that document is apparently capable of
24    defrauding another; or

 

 

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1        (2) issues or delivers such document knowing it to
2    have been thus made or altered; or
3        (3) possesses, with intent to issue or deliver, any
4    such document knowing it to have been thus made or
5    altered; or
6        (4) unlawfully uses the digital signature, as defined
7    in the Financial Institutions Electronic Documents and
8    Digital Signature Act, of another; or
9        (5) unlawfully creates uses the signature device of
10    another to create an electronic signature of another that
11    other person, as that term is those terms are defined in
12    the Uniform Electronic Transactions Electronic Commerce
13    Security Act.
14    (b) (Blank).
15    (c) A document apparently capable of defrauding another
16includes, but is not limited to, one by which any right,
17obligation or power with reference to any person or property
18may be created, transferred, altered or terminated. A document
19includes any record or electronic record as those terms are
20defined in the Electronic Commerce Security Act. For purposes
21of this Section, a document also includes a Universal Price
22Code Label or coin.
23    (c-5) For purposes of this Section, "false document" or
24"document that is false" includes, but is not limited to, a
25document whose contents are false in some material way, or
26that purports to have been made by another or at another time,

 

 

HB3205- 83 -LRB102 10919 JLS 16250 b

1or with different provisions, or by authority of one who did
2not give such authority.
3    (d) Sentence.
4        (1) Except as provided in paragraphs (2) and (3),
5    forgery is a Class 3 felony.
6        (2) Forgery is a Class 4 felony when only one
7    Universal Price Code Label is forged.
8        (3) Forgery is a Class A misdemeanor when an academic
9    degree or coin is forged.
10    (e) It is not a violation of this Section if a false
11academic degree explicitly states "for novelty purposes only".
12(Source: P.A. 96-1551, eff. 7-1-11; 97-231, eff. 1-1-12;
1397-1109, eff. 1-1-13.)
 
14    Section 20.82. The Illinois Living Will Act is amended by
15changing Sections 5 and 9 as follows:
 
16    (755 ILCS 35/5)  (from Ch. 110 1/2, par. 705)
17    Sec. 5. Revocation.
18    (a) A declaration may be revoked at any time by the
19declarant, without regard to declarant's mental or physical
20condition, by any of the following methods:
21        (1) By being obliterated, burnt, torn or otherwise
22    destroyed or defaced in a manner indicating intention to
23    cancel;
24        (2) By a written revocation of the declaration signed

 

 

HB3205- 84 -LRB102 10919 JLS 16250 b

1    and dated by the declarant or person acting at the
2    direction of the declarant, regardless of whether the
3    written revocation is in electronic or hard copy format;
4        (3) By an oral or any other expression of the intent to
5    revoke the declaration, in the presence of a witness 18
6    years of age or older who signs and dates a writing
7    confirming that such expression of intent was made; or
8        (4) For an electronic declaration, by deleting in a
9    manner indicating the intention to revoke. An electronic
10    declaration may be revoked electronically using a generic,
11    technology-neutral system in which each user is assigned a
12    unique identifier that is securely maintained and in a
13    manner that meets the regulatory requirements for a
14    digital or electronic signature. Compliance with the
15    standards defined in the Uniform Electronic Transactions
16    Electronic Commerce Security Act or the implementing rules
17    of the Hospital Licensing Act for medical record entry
18    authentication for author validation of the documentation,
19    content accuracy, and completeness meets this standard.
20    (b) A revocation is effective upon communication to the
21attending physician by the declarant or by another who
22witnessed the revocation. The attending physician shall record
23in the patient's medical record the time and date when and the
24place where he or she received notification of the revocation.
25    (c) There shall be no criminal or civil liability on the
26part of any person for failure to act upon a revocation made

 

 

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1pursuant to this Section unless that person has actual
2knowledge of the revocation.
3(Source: P.A. 101-163, eff. 1-1-20.)
 
4    (755 ILCS 35/9)  (from Ch. 110 1/2, par. 709)
5    Sec. 9. General provisions.
6    (a) The withholding or withdrawal of death delaying
7procedures from a qualified patient in accordance with the
8provisions of this Act shall not, for any purpose, constitute
9a suicide.
10    (b) The making of a declaration pursuant to Section 3
11shall not affect in any manner the sale, procurement, or
12issuance of any policy of life insurance, nor shall it be
13deemed to modify the terms of an existing policy of life
14insurance. No policy of life insurance shall be legally
15impaired or invalidated in any manner by the withholding or
16withdrawal of death delaying procedures from an insured
17qualified patient, notwithstanding any term of the policy to
18the contrary.
19    (c) No physician, health care facility, or other health
20care provider, and no health care service plan, health
21maintenance organization, insurer issuing disability
22insurance, self-insured employee welfare benefit plan,
23nonprofit medical service corporation or mutual nonprofit
24hospital service corporation shall require any person to
25execute a declaration as a condition for being insured for, or

 

 

HB3205- 86 -LRB102 10919 JLS 16250 b

1receiving, health care services.
2    (d) Nothing in this Act shall impair or supersede any
3legal right or legal responsibility which any person may have
4to effect the withholding or withdrawal of death delaying
5procedures in any lawful manner. In such respect the
6provisions of this Act are cumulative.
7    (e) This Act shall create no presumption concerning the
8intention of an individual who has not executed a declaration
9to consent to the use or withholding of death delaying
10procedures in the event of a terminal condition.
11    (f) Nothing in this Act shall be construed to condone,
12authorize or approve mercy killing or to permit any
13affirmative or deliberate act or omission to end life other
14than to permit the natural process of dying as provided in this
15Act.
16    (g) An instrument executed before the effective date of
17this Act that substantially complies with subsection (e) of
18Section 3 shall be given effect pursuant to the provisions of
19this Act.
20    (h) A declaration executed in another state in compliance
21with the law of that state or this State is validly executed
22for purposes of this Act, and such declaration shall be
23applied in accordance with the provisions of this Act.
24    (i) Documents, writings, forms, and copies referred to in
25this Act may be in hard copy or electronic format. Nothing in
26this Act is intended to prevent the population of a

 

 

HB3205- 87 -LRB102 10919 JLS 16250 b

1declaration, document, writing, or form with electronic data.
2Electronic documents under this Act may be created, signed, or
3revoked electronically using a generic, technology-neutral
4system in which each user is assigned a unique identifier that
5is securely maintained and in a manner that meets the
6regulatory requirements for a digital or electronic signature.
7Compliance with the standards defined in the Uniform
8Electronic Transactions Electronic Commerce Security Act or
9the implementing rules of the Hospital Licensing Act for
10medical record entry authentication for author validation of
11the documentation, content accuracy, and completeness meets
12this standard.
13(Source: P.A. 101-163, eff. 1-1-20.)
 
14    Section 20.83. The Health Care Surrogate Act is amended by
15changing Section 70 as follows:
 
16    (755 ILCS 40/70)
17    Sec. 70. Format. The affidavit, medical record, documents,
18and forms referred to in this Act may be in hard copy or
19electronic format. Nothing in this Act is intended to prevent
20the population of an affidavit, medical record, document, or
21form with electronic data. A living will, mental health
22treatment preferences declaration, practitioner orders for
23life-sustaining treatment (POLST), or power of attorney for
24health care that is populated with electronic data is

 

 

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1operative. Electronic documents under this Act may be created,
2signed, or revoked electronically using a generic,
3technology-neutral system in which each user is assigned a
4unique identifier that is securely maintained and in a manner
5that meets the regulatory requirements for a digital or
6electronic signature. Compliance with the standards defined in
7the Uniform Electronic Transactions Electronic Commerce
8Security Act or the implementing rules of the Hospital
9Licensing Act for medical record entry authentication for
10author validation of the documentation, content accuracy, and
11completeness meets this standard.
12(Source: P.A. 101-163, eff. 1-1-20.)
 
13    Section 20.84. The Mental Health Treatment Preference
14Declaration Act is amended by changing Sections 20 and 50 as
15follows:
 
16    (755 ILCS 43/20)
17    Sec. 20. Signatures required.
18    (a) A declaration is effective only if it is signed by the
19principal, and 2 competent adult witnesses. The witnesses must
20attest that the principal is known to them, signed the
21declaration in their presence and appears to be of sound mind
22and not under duress, fraud or undue influence. Persons
23specified in Section 65 of this Act may not act as witnesses.
24    (b) The signature and execution requirements set forth in

 

 

HB3205- 89 -LRB102 10919 JLS 16250 b

1this Act are satisfied by: (i) written signatures or initials;
2or (ii) electronic signatures or computer-generated signature
3codes. Electronic documents under this Act may be created,
4signed, or revoked electronically using a generic,
5technology-neutral system in which each user is assigned a
6unique identifier that is securely maintained and in a manner
7that meets the regulatory requirements for a digital or
8electronic signature. Compliance with the standards defined in
9the Uniform Electronic Transactions Electronic Commerce
10Security Act or the implementing rules of the Hospital
11Licensing Act for medical record entry authentication for
12author validation of the documentation, content accuracy, and
13completeness meets this standard.
14(Source: P.A. 101-163, eff. 1-1-20.)
 
15    (755 ILCS 43/50)
16    Sec. 50. Revocation. A declaration may be revoked in whole
17or in part by written statement at any time by the principal if
18the principal is not incapable, regardless of whether the
19written revocation is in an electronic or hard copy format. A
20written statement of revocation is effective when signed by
21the principal and a physician and the principal delivers the
22revocation to the attending physician. An electronic
23declaration may be revoked electronically using a generic,
24technology-neutral system in which each user is assigned a
25unique identifier that is securely maintained and in a manner

 

 

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1that meets the regulatory requirements for a digital or
2electronic signature. Compliance with the standards defined in
3the Uniform Electronic Transactions Electronic Commerce
4Security Act or the implementing rules of the Hospital
5Licensing Act for medical record entry authentication for
6author validation of the documentation, content accuracy, and
7completeness meets this standard. The attending physician
8shall note the revocation as part of the principal's medical
9record.
10(Source: P.A. 101-163, eff. 1-1-20.)
 
11    Section 20.85. The Illinois Power of Attorney Act is
12amended by changing Sections 4-6 and 4-10 as follows:
 
13    (755 ILCS 45/4-6)  (from Ch. 110 1/2, par. 804-6)
14    Sec. 4-6. Revocation and amendment of health care
15agencies.
16    (a) Every health care agency may be revoked by the
17principal at any time, without regard to the principal's
18mental or physical condition, by any of the following methods:
19        1. By being obliterated, burnt, torn or otherwise
20    destroyed or defaced in a manner indicating intention to
21    revoke;
22        2. By a written revocation of the agency signed and
23    dated by the principal or person acting at the direction
24    of the principal, regardless of whether the written

 

 

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1    revocation is in an electronic or hard copy format;
2        3. By an oral or any other expression of the intent to
3    revoke the agency in the presence of a witness 18 years of
4    age or older who signs and dates a writing confirming that
5    such expression of intent was made; or
6        4. For an electronic health care agency, by deleting
7    in a manner indicating the intention to revoke. An
8    electronic health care agency may be revoked
9    electronically using a generic, technology-neutral system
10    in which each user is assigned a unique identifier that is
11    securely maintained and in a manner that meets the
12    regulatory requirements for a digital or electronic
13    signature. Compliance with the standards defined in the
14    Uniform Electronic Transactions Electronic Commerce
15    Security Act or the implementing rules of the Hospital
16    Licensing Act for medical record entry authentication for
17    author validation of the documentation, content accuracy,
18    and completeness meets this standard.
19    (b) Every health care agency may be amended at any time by
20a written amendment signed and dated by the principal or
21person acting at the direction of the principal.
22    (c) Any person, other than the agent, to whom a revocation
23or amendment is communicated or delivered shall make all
24reasonable efforts to inform the agent of that fact as
25promptly as possible.
26(Source: P.A. 101-163, eff. 1-1-20.)
 

 

 

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1    (755 ILCS 45/4-10)  (from Ch. 110 1/2, par. 804-10)
2    Sec. 4-10. Statutory short form power of attorney for
3health care.
4    (a) The form prescribed in this Section (sometimes also
5referred to in this Act as the "statutory health care power")
6may be used to grant an agent powers with respect to the
7principal's own health care; but the statutory health care
8power is not intended to be exclusive nor to cover delegation
9of a parent's power to control the health care of a minor
10child, and no provision of this Article shall be construed to
11invalidate or bar use by the principal of any other or
12different form of power of attorney for health care.
13Nonstatutory health care powers must be executed by the
14principal, designate the agent and the agent's powers, and
15comply with the limitations in Section 4-5 of this Article,
16but they need not be witnessed or conform in any other respect
17to the statutory health care power.
18    No specific format is required for the statutory health
19care power of attorney other than the notice must precede the
20form. The statutory health care power may be included in or
21combined with any other form of power of attorney governing
22property or other matters.
23    The signature and execution requirements set forth in this
24Article are satisfied by: (i) written signatures or initials;
25or (ii) electronic signatures or computer-generated signature

 

 

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1codes. Electronic documents under this Act may be created,
2signed, or revoked electronically using a generic,
3technology-neutral system in which each user is assigned a
4unique identifier that is securely maintained and in a manner
5that meets the regulatory requirements for a digital or
6electronic signature. Compliance with the standards defined in
7the Uniform Electronic Transactions Electronic Commerce
8Security Act or the implementing rules of the Hospital
9Licensing Act for medical record entry authentication for
10author validation of the documentation, content accuracy, and
11completeness meets this standard.
12    (b) The Illinois Statutory Short Form Power of Attorney
13for Health Care shall be substantially as follows:
 
14
NOTICE TO THE INDIVIDUAL SIGNING
15
THE POWER OF ATTORNEY FOR HEALTH CARE
16    No one can predict when a serious illness or accident
17might occur. When it does, you may need someone else to speak
18or make health care decisions for you. If you plan now, you can
19increase the chances that the medical treatment you get will
20be the treatment you want.
21    In Illinois, you can choose someone to be your "health
22care agent". Your agent is the person you trust to make health
23care decisions for you if you are unable or do not want to make
24them yourself. These decisions should be based on your
25personal values and wishes.

 

 

HB3205- 94 -LRB102 10919 JLS 16250 b

1    It is important to put your choice of agent in writing. The
2written form is often called an "advance directive". You may
3use this form or another form, as long as it meets the legal
4requirements of Illinois. There are many written and on-line
5resources to guide you and your loved ones in having a
6conversation about these issues. You may find it helpful to
7look at these resources while thinking about and discussing
8your advance directive.
 
9
WHAT ARE THE THINGS I WANT MY
10
HEALTH CARE AGENT TO KNOW?
11    The selection of your agent should be considered
12carefully, as your agent will have the ultimate
13decision-making authority once this document goes into effect,
14in most instances after you are no longer able to make your own
15decisions. While the goal is for your agent to make decisions
16in keeping with your preferences and in the majority of
17circumstances that is what happens, please know that the law
18does allow your agent to make decisions to direct or refuse
19health care interventions or withdraw treatment. Your agent
20will need to think about conversations you have had, your
21personality, and how you handled important health care issues
22in the past. Therefore, it is important to talk with your agent
23and your family about such things as:
24        (i) What is most important to you in your life?
25        (ii) How important is it to you to avoid pain and

 

 

HB3205- 95 -LRB102 10919 JLS 16250 b

1    suffering?
2        (iii) If you had to choose, is it more important to you
3    to live as long as possible, or to avoid prolonged
4    suffering or disability?
5        (iv) Would you rather be at home or in a hospital for
6    the last days or weeks of your life?
7        (v) Do you have religious, spiritual, or cultural
8    beliefs that you want your agent and others to consider?
9        (vi) Do you wish to make a significant contribution to
10    medical science after your death through organ or whole
11    body donation?
12        (vii) Do you have an existing advance directive, such
13    as a living will, that contains your specific wishes about
14    health care that is only delaying your death? If you have
15    another advance directive, make sure to discuss with your
16    agent the directive and the treatment decisions contained
17    within that outline your preferences. Make sure that your
18    agent agrees to honor the wishes expressed in your advance
19    directive.
 
20
WHAT KIND OF DECISIONS CAN MY AGENT MAKE?
21    If there is ever a period of time when your physician
22determines that you cannot make your own health care
23decisions, or if you do not want to make your own decisions,
24some of the decisions your agent could make are to:
25        (i) talk with physicians and other health care

 

 

HB3205- 96 -LRB102 10919 JLS 16250 b

1    providers about your condition.
2        (ii) see medical records and approve who else can see
3    them.
4        (iii) give permission for medical tests, medicines,
5    surgery, or other treatments.
6        (iv) choose where you receive care and which
7    physicians and others provide it.
8        (v) decide to accept, withdraw, or decline treatments
9    designed to keep you alive if you are near death or not
10    likely to recover. You may choose to include guidelines
11    and/or restrictions to your agent's authority.
12        (vi) agree or decline to donate your organs or your
13    whole body if you have not already made this decision
14    yourself. This could include donation for transplant,
15    research, and/or education. You should let your agent know
16    whether you are registered as a donor in the First Person
17    Consent registry maintained by the Illinois Secretary of
18    State or whether you have agreed to donate your whole body
19    for medical research and/or education.
20        (vii) decide what to do with your remains after you
21    have died, if you have not already made plans.
22        (viii) talk with your other loved ones to help come to
23    a decision (but your designated agent will have the final
24    say over your other loved ones).
25    Your agent is not automatically responsible for your
26health care expenses.
 

 

 

HB3205- 97 -LRB102 10919 JLS 16250 b

1
WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT?
2    You can pick a family member, but you do not have to. Your
3agent will have the responsibility to make medical treatment
4decisions, even if other people close to you might urge a
5different decision. The selection of your agent should be done
6carefully, as he or she will have ultimate decision-making
7authority for your treatment decisions once you are no longer
8able to voice your preferences. Choose a family member,
9friend, or other person who:
10        (i) is at least 18 years old;
11        (ii) knows you well;
12        (iii) you trust to do what is best for you and is
13    willing to carry out your wishes, even if he or she may not
14    agree with your wishes;
15        (iv) would be comfortable talking with and questioning
16    your physicians and other health care providers;
17        (v) would not be too upset to carry out your wishes if
18    you became very sick; and
19        (vi) can be there for you when you need it and is
20    willing to accept this important role.
 
21
WHAT IF MY AGENT IS NOT AVAILABLE OR IS
22
UNWILLING TO MAKE DECISIONS FOR ME?
23    If the person who is your first choice is unable to carry
24out this role, then the second agent you chose will make the

 

 

HB3205- 98 -LRB102 10919 JLS 16250 b

1decisions; if your second agent is not available, then the
2third agent you chose will make the decisions. The second and
3third agents are called your successor agents and they
4function as back-up agents to your first choice agent and may
5act only one at a time and in the order you list them.
 
6
WHAT WILL HAPPEN IF I DO NOT
7
CHOOSE A HEALTH CARE AGENT?
8    If you become unable to make your own health care
9decisions and have not named an agent in writing, your
10physician and other health care providers will ask a family
11member, friend, or guardian to make decisions for you. In
12Illinois, a law directs which of these individuals will be
13consulted. In that law, each of these individuals is called a
14"surrogate".
15    There are reasons why you may want to name an agent rather
16than rely on a surrogate:
17        (i) The person or people listed by this law may not be
18    who you would want to make decisions for you.
19        (ii) Some family members or friends might not be able
20    or willing to make decisions as you would want them to.
21        (iii) Family members and friends may disagree with one
22    another about the best decisions.
23        (iv) Under some circumstances, a surrogate may not be
24    able to make the same kinds of decisions that an agent can
25    make.
 

 

 

HB3205- 99 -LRB102 10919 JLS 16250 b

1
WHAT IF THERE IS NO ONE AVAILABLE
2
WHOM I TRUST TO BE MY AGENT?
3    In this situation, it is especially important to talk to
4your physician and other health care providers and create
5written guidance about what you want or do not want, in case
6you are ever critically ill and cannot express your own
7wishes. You can complete a living will. You can also write your
8wishes down and/or discuss them with your physician or other
9health care provider and ask him or her to write it down in
10your chart. You might also want to use written or on-line
11resources to guide you through this process.
 
12
WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT?
13    Follow these instructions after you have completed the
14form:
15        (i) Sign the form in front of a witness. See the form
16    for a list of who can and cannot witness it.
17        (ii) Ask the witness to sign it, too.
18        (iii) There is no need to have the form notarized.
19        (iv) Give a copy to your agent and to each of your
20    successor agents.
21        (v) Give another copy to your physician.
22        (vi) Take a copy with you when you go to the hospital.
23        (vii) Show it to your family and friends and others
24    who care for you.
 

 

 

HB3205- 100 -LRB102 10919 JLS 16250 b

1
WHAT IF I CHANGE MY MIND?
2    You may change your mind at any time. If you do, tell
3someone who is at least 18 years old that you have changed your
4mind, and/or destroy your document and any copies. If you
5wish, fill out a new form and make sure everyone you gave the
6old form to has a copy of the new one, including, but not
7limited to, your agents and your physicians.
 
8
WHAT IF I DO NOT WANT TO USE THIS FORM?
9    In the event you do not want to use the Illinois statutory
10form provided here, any document you complete must be executed
11by you, designate an agent who is over 18 years of age and not
12prohibited from serving as your agent, and state the agent's
13powers, but it need not be witnessed or conform in any other
14respect to the statutory health care power.
15    If you have questions about the use of any form, you may
16want to consult your physician, other health care provider,
17and/or an attorney.
 
18
MY POWER OF ATTORNEY FOR HEALTH CARE

 
19THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY
20FOR HEALTH CARE. (You must sign this form and a witness must
21also sign it before it is valid)
 

 

 

HB3205- 101 -LRB102 10919 JLS 16250 b

1My name (Print your full name):..........
2My address:..................................................
 
3I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT
4(an agent is your personal representative under state and
5federal law):
6(Agent name).................
7(Agent address).............
8(Agent phone number).........................................
 
9(Please check box if applicable) .... If a guardian of my
10person is to be appointed, I nominate the agent acting under
11this power of attorney as guardian.
 
12SUCCESSOR HEALTH CARE AGENT(S) (optional):
13    If the agent I selected is unable or does not want to make
14health care decisions for me, then I request the person(s) I
15name below to be my successor health care agent(s). Only one
16person at a time can serve as my agent (add another page if you
17want to add more successor agent names):
18.....................
19(Successor agent #1 name, address and phone number)
20..........
21(Successor agent #2 name, address and phone number)
 
22MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING:

 

 

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1        (i) Deciding to accept, withdraw or decline treatment
2    for any physical or mental condition of mine, including
3    life-and-death decisions.
4        (ii) Agreeing to admit me to or discharge me from any
5    hospital, home, or other institution, including a mental
6    health facility.
7        (iii) Having complete access to my medical and mental
8    health records, and sharing them with others as needed,
9    including after I die.
10        (iv) Carrying out the plans I have already made, or,
11    if I have not done so, making decisions about my body or
12    remains, including organ, tissue or whole body donation,
13    autopsy, cremation, and burial.
14    The above grant of power is intended to be as broad as
15possible so that my agent will have the authority to make any
16decision I could make to obtain or terminate any type of health
17care, including withdrawal of nutrition and hydration and
18other life-sustaining measures.
 
19I AUTHORIZE MY AGENT TO (please check any one box):
20    .... Make decisions for me only when I cannot make them for
21    myself. The physician(s) taking care of me will determine
22    when I lack this ability.
23        (If no box is checked, then the box above shall be
24    implemented.) OR
25    .... Make decisions for me only when I cannot make them for

 

 

HB3205- 103 -LRB102 10919 JLS 16250 b

1    myself. The physician(s) taking care of me will determine
2    when I lack this ability. Starting now, for the purpose of
3    assisting me with my health care plans and decisions, my
4    agent shall have complete access to my medical and mental
5    health records, the authority to share them with others as
6    needed, and the complete ability to communicate with my
7    personal physician(s) and other health care providers,
8    including the ability to require an opinion of my
9    physician as to whether I lack the ability to make
10    decisions for myself. OR
11    .... Make decisions for me starting now and continuing
12    after I am no longer able to make them for myself. While I
13    am still able to make my own decisions, I can still do so
14    if I want to.
 
15    The subject of life-sustaining treatment is of particular
16importance. Life-sustaining treatments may include tube
17feedings or fluids through a tube, breathing machines, and
18CPR. In general, in making decisions concerning
19life-sustaining treatment, your agent is instructed to
20consider the relief of suffering, the quality as well as the
21possible extension of your life, and your previously expressed
22wishes. Your agent will weigh the burdens versus benefits of
23proposed treatments in making decisions on your behalf.
24    Additional statements concerning the withholding or
25removal of life-sustaining treatment are described below.

 

 

HB3205- 104 -LRB102 10919 JLS 16250 b

1These can serve as a guide for your agent when making decisions
2for you. Ask your physician or health care provider if you have
3any questions about these statements.
 
4SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR
5WISHES (optional):
6    .... The quality of my life is more important than the
7    length of my life. If I am unconscious and my attending
8    physician believes, in accordance with reasonable medical
9    standards, that I will not wake up or recover my ability to
10    think, communicate with my family and friends, and
11    experience my surroundings, I do not want treatments to
12    prolong my life or delay my death, but I do want treatment
13    or care to make me comfortable and to relieve me of pain.
14    .... Staying alive is more important to me, no matter how
15    sick I am, how much I am suffering, the cost of the
16    procedures, or how unlikely my chances for recovery are. I
17    want my life to be prolonged to the greatest extent
18    possible in accordance with reasonable medical standards.
 
19SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY:
20    The above grant of power is intended to be as broad as
21possible so that your agent will have the authority to make any
22decision you could make to obtain or terminate any type of
23health care. If you wish to limit the scope of your agent's
24powers or prescribe special rules or limit the power to

 

 

HB3205- 105 -LRB102 10919 JLS 16250 b

1authorize autopsy or dispose of remains, you may do so
2specifically in this form.
3..................................
4..............................
 
5My signature:..................
6Today's date:................................................
 
7HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN
8COMPLETE THE SIGNATURE PORTION:
9    I am at least 18 years old. (check one of the options
10below):
11    .... I saw the principal sign this document, or
12    .... the principal told me that the signature or mark on
13    the principal signature line is his or hers.
14    I am not the agent or successor agent(s) named in this
15document. I am not related to the principal, the agent, or the
16successor agent(s) by blood, marriage, or adoption. I am not
17the principal's physician, advanced practice registered nurse,
18dentist, podiatric physician, optometrist, psychologist, or a
19relative of one of those individuals. I am not an owner or
20operator (or the relative of an owner or operator) of the
21health care facility where the principal is a patient or
22resident.
23Witness printed name:............
24Witness address:..............

 

 

HB3205- 106 -LRB102 10919 JLS 16250 b

1Witness signature:...............
2Today's date:................................................
 
3    (c) The statutory short form power of attorney for health
4care (the "statutory health care power") authorizes the agent
5to make any and all health care decisions on behalf of the
6principal which the principal could make if present and under
7no disability, subject to any limitations on the granted
8powers that appear on the face of the form, to be exercised in
9such manner as the agent deems consistent with the intent and
10desires of the principal. The agent will be under no duty to
11exercise granted powers or to assume control of or
12responsibility for the principal's health care; but when
13granted powers are exercised, the agent will be required to
14use due care to act for the benefit of the principal in
15accordance with the terms of the statutory health care power
16and will be liable for negligent exercise. The agent may act in
17person or through others reasonably employed by the agent for
18that purpose but may not delegate authority to make health
19care decisions. The agent may sign and deliver all
20instruments, negotiate and enter into all agreements and do
21all other acts reasonably necessary to implement the exercise
22of the powers granted to the agent. Without limiting the
23generality of the foregoing, the statutory health care power
24shall include the following powers, subject to any limitations
25appearing on the face of the form:

 

 

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1        (1) The agent is authorized to give consent to and
2    authorize or refuse, or to withhold or withdraw consent
3    to, any and all types of medical care, treatment or
4    procedures relating to the physical or mental health of
5    the principal, including any medication program, surgical
6    procedures, life-sustaining treatment or provision of food
7    and fluids for the principal.
8        (2) The agent is authorized to admit the principal to
9    or discharge the principal from any and all types of
10    hospitals, institutions, homes, residential or nursing
11    facilities, treatment centers and other health care
12    institutions providing personal care or treatment for any
13    type of physical or mental condition. The agent shall have
14    the same right to visit the principal in the hospital or
15    other institution as is granted to a spouse or adult child
16    of the principal, any rule of the institution to the
17    contrary notwithstanding.
18        (3) The agent is authorized to contract for any and
19    all types of health care services and facilities in the
20    name of and on behalf of the principal and to bind the
21    principal to pay for all such services and facilities, and
22    to have and exercise those powers over the principal's
23    property as are authorized under the statutory property
24    power, to the extent the agent deems necessary to pay
25    health care costs; and the agent shall not be personally
26    liable for any services or care contracted for on behalf

 

 

HB3205- 108 -LRB102 10919 JLS 16250 b

1    of the principal.
2        (4) At the principal's expense and subject to
3    reasonable rules of the health care provider to prevent
4    disruption of the principal's health care, the agent shall
5    have the same right the principal has to examine and copy
6    and consent to disclosure of all the principal's medical
7    records that the agent deems relevant to the exercise of
8    the agent's powers, whether the records relate to mental
9    health or any other medical condition and whether they are
10    in the possession of or maintained by any physician,
11    psychiatrist, psychologist, therapist, hospital, nursing
12    home or other health care provider. The authority under
13    this paragraph (4) applies to any information governed by
14    the Health Insurance Portability and Accountability Act of
15    1996 ("HIPAA") and regulations thereunder. The agent
16    serves as the principal's personal representative, as that
17    term is defined under HIPAA and regulations thereunder.
18        (5) The agent is authorized: to direct that an autopsy
19    be made pursuant to Section 2 of the Autopsy Act; to make a
20    disposition of any part or all of the principal's body
21    pursuant to the Illinois Anatomical Gift Act, as now or
22    hereafter amended; and to direct the disposition of the
23    principal's remains.
24        (6) At any time during which there is no executor or
25    administrator appointed for the principal's estate, the
26    agent is authorized to continue to pursue an application

 

 

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1    or appeal for government benefits if those benefits were
2    applied for during the life of the principal.
3    (d) A physician may determine that the principal is unable
4to make health care decisions for himself or herself only if
5the principal lacks decisional capacity, as that term is
6defined in Section 10 of the Health Care Surrogate Act.
7    (e) If the principal names the agent as a guardian on the
8statutory short form, and if a court decides that the
9appointment of a guardian will serve the principal's best
10interests and welfare, the court shall appoint the agent to
11serve without bond or security.
12(Source: P.A. 100-513, eff. 1-1-18; 101-81, eff. 7-12-19;
13101-163, eff. 1-1-20.)
 
14    Section 20.86. The Limited Liability Company Act is
15amended by changing Section 1-6 as follows:
 
16    (805 ILCS 180/1-6)
17    Sec. 1-6. Electronic records. Any requirement in this Act
18that there be a writing or that any document, instrument, or
19agreement be written or in ink is subject to the provisions of
20the Uniform Electronic Transactions Electronic Commerce
21Security Act.
22(Source: P.A. 99-637, eff. 7-1-17.)
 
23    (5 ILCS 175/Act rep.)

 

 

HB3205- 110 -LRB102 10919 JLS 16250 b

1    Section 20.87. The Electronic Commerce Security Act is
2repealed.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.