Bill Status of SB1376  99th General Assembly

Short Description:  FIDUCIARY ACCESS-DIGITAL ASSET

Senate Sponsors
Sen. Michael E. Hastings - Michael Connelly - Jason A. Barickman - Kyle McCarter, John G. Mulroe, Toi W. Hutchinson, Kimberly A. Lightford, Napoleon Harris, III, Linda Holmes, Melinda Bush, Jacqueline Y. Collins and Emil Jones, III

House Sponsors
(Rep. Marcus C. Evans, Jr. - Peter Breen, Elaine Nekritz and Al Riley)

Last Action
DateChamber Action
  1/10/2017SenateSession Sine Die

Statutes Amended In Order of Appearance
New Act
720 ILCS 5/17-51was 720 ILCS 5/16D-3
720 ILCS 5/17-54was 720 ILCS 5/16D-7


Synopsis As Introduced
Creates the Uniform Fiduciary Access to Digital Assets Act. Defines terms. Provides procedures and requirements for the access and control by guardians, executors, agents, and other fiduciaries to the digital assets of persons who are deceased, under a legal disability, or subject to the terms of a trust. Adds provisions concerning: fiduciary authority; compliance by the account custodian; immunity; applicability; construction; and the Act's relation to federal laws governing electronic signatures. Makes corresponding changes in the Criminal Code of 2012.

Senate Floor Amendment No. 1
Excludes from immunity provisions acts or omissions constituting willful or wanton misconduct. Provides that in the event of a conflict with federal law, federal law shall prevail.

House Committee Amendment No. 1
Limits the term "personal representative" to an executor, administrator, or special administrator. Limits a custodian's ability to charge for compliance with a fiduciary's request for access to digital assets. Removes provision requiring certain hearings to be held under the Probate Act of 1975. Provides that a fiduciary is not liable for certain certifications made without knowledge that the representations contained in the certifications are incorrect.

Actions 
DateChamber Action
  2/18/2015SenateFiled with Secretary by Sen. Michael E. Hastings
  2/18/2015SenateFirst Reading
  2/18/2015SenateReferred to Assignments
  2/25/2015SenateAssigned to Judiciary
  3/4/2015SenatePostponed - Judiciary
  3/11/2015SenatePostponed - Judiciary
  3/12/2015SenateAdded as Co-Sponsor Sen. John G. Mulroe
  3/12/2015SenateAdded as Co-Sponsor Sen. Toi W. Hutchinson
  3/17/2015SenateAdded as Chief Co-Sponsor Sen. Michael Connelly
  3/17/2015SenateAdded as Chief Co-Sponsor Sen. Jason A. Barickman
  3/18/2015SenateDo Pass Judiciary; 009-000-000
  3/18/2015SenatePlaced on Calendar Order of 2nd Reading March 19, 2015
  3/19/2015SenateSecond Reading
  3/19/2015SenatePlaced on Calendar Order of 3rd Reading March 24, 2015
  4/14/2015SenateAdded as Co-Sponsor Sen. Kimberly A. Lightford
  4/14/2015SenateAdded as Co-Sponsor Sen. Napoleon Harris, III
  4/14/2015SenateAdded as Co-Sponsor Sen. Linda Holmes
  4/16/2015SenateAdded as Co-Sponsor Sen. Melinda Bush
  4/17/2015SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Michael E. Hastings
  4/17/2015SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/17/2015SenateAdded as Chief Co-Sponsor Sen. Kyle McCarter
  4/21/2015SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  4/22/2015SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 011-000-000
  4/22/2015SenateRecalled to Second Reading
  4/22/2015SenateSenate Floor Amendment No. 1 Adopted; Hastings
  4/22/2015SenatePlaced on Calendar Order of 3rd Reading
  4/22/2015SenateAdded as Co-Sponsor Sen. Jacqueline Y. Collins
  4/22/2015SenateAdded as Co-Sponsor Sen. Emil Jones, III
  4/22/2015SenateThird Reading - Passed; 057-000-000
  4/23/2015HouseArrived in House
  4/23/2015HouseChief House Sponsor Rep. Marcus C. Evans, Jr.
  4/23/2015HouseFirst Reading
  4/23/2015HouseReferred to Rules Committee
  4/29/2015HouseAdded Alternate Chief Co-Sponsor Rep. Peter Breen
  4/29/2015HouseAdded Alternate Co-Sponsor Rep. Elaine Nekritz
  5/4/2015HouseAdded Alternate Co-Sponsor Rep. Al Riley
  5/4/2015HouseAssigned to Judiciary - Civil Committee
  5/6/2015HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Marcus C. Evans, Jr.
  5/6/2015HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/8/2015HouseCommittee Deadline Extended-Rule 9(b) May 15, 2015
  5/11/2015HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  5/13/2015HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Marcus C. Evans, Jr.
  5/13/2015HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  5/13/2015HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice Vote
  5/13/2015HouseDo Pass as Amended / Short Debate Judiciary - Civil Committee; 011-000-000
  5/13/2015HouseHouse Committee Amendment No. 2 Tabled Pursuant to Rule 40
  5/13/2015HousePlaced on Calendar 2nd Reading - Short Debate
  5/14/2015HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Marcus C. Evans, Jr.
  5/14/2015HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  5/22/2015HouseFinal Action Deadline Extended-9(b) May 31, 2015
  5/27/2015HouseSecond Reading - Short Debate
  5/27/2015HouseHeld on Calendar Order of Second Reading - Short Debate
  5/31/2015HouseRule 19(a) / Re-referred to Rules Committee
  1/10/2017SenateSession Sine Die