HB3205 EngrossedLRB102 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

 

 

HB3205 Engrossed- 2 -LRB102 10919 JLS 16250 b

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 other
23than the Office of the Secretary of State; and administrative
24units or corporate outgrowths of the State government which
25are created by or pursuant to statute, other than units of
26local government and their officers, school districts and

 

 

HB3205 Engrossed- 3 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 4 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 5 -LRB102 10919 JLS 16250 b

1the effective date of this Act.
 
2    Section 5. Use of electronic records and electronic
3signatures; variation by agreement.
4    (a) This Act does not require a record or signature to be
5created, generated, sent, communicated, received, stored, or
6otherwise processed or used by electronic means or in
7electronic form.
8    (b) This Act applies only to transactions between parties
9each of which has agreed to conduct transactions by electronic
10means. Whether the parties agree to conduct a transaction by
11electronic means is determined from the context and
12surrounding circumstances, including the parties' conduct.
13    (c) A party that agrees to conduct a transaction by
14electronic means may refuse to conduct other transactions by
15electronic means. The right granted by this subsection may not
16be waived by agreement.
17    (d) Except as otherwise provided in this Act, the effect
18of any of its provisions may be varied by agreement. The
19presence in certain provisions of this Act of the words
20"unless otherwise agreed", or words of similar import, does
21not imply that the effect of other provisions may not be varied
22by agreement.
23    (e) Whether an electronic record or electronic signature
24has legal consequences is determined by this Act and other
25applicable law.
 

 

 

HB3205 Engrossed- 6 -LRB102 10919 JLS 16250 b

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.

 

 

HB3205 Engrossed- 7 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 8 -LRB102 10919 JLS 16250 b

1agreement, but:
2        (1) to the extent a law other than this Act requires
3    information to be provided, sent, or delivered in writing
4    but permits that requirement to be varied by agreement,
5    the requirement under subsection (a) that the information
6    be in the form of an electronic record capable of
7    retention may also be varied by agreement; and
8        (2) a requirement under a law other than this Act to
9    send, communicate, or transmit a record by first-class
10    mail may be varied by agreement to the extent permitted by
11    the other law.
 
12    Section 9. Attribution and effect of electronic record and
13electronic signature.
14    (a) An electronic record or electronic signature is
15attributable to a person if it was the act of the person. The
16act of the person may be shown in any manner, including a
17showing of the efficacy of any security procedure applied to
18determine the person to which the electronic record or
19electronic signature was attributable.
20    (b) The effect of an electronic record or electronic
21signature attributed to a person under subsection (a) shall be
22determined from the context and surrounding circumstances at
23the time of its creation, execution, or adoption, including
24the parties' agreement, if any, and otherwise as provided by
25law.
 

 

 

HB3205 Engrossed- 9 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 10 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 11 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 12 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 13 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 14 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 15 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 16 -LRB102 10919 JLS 16250 b

1    unalterable;
2        (2) the authoritative copy identifies the person
3    asserting control as:
4            (A) the person to which the transferable record
5        was issued; or
6            (B) if the authoritative copy indicates that the
7        transferable record has been transferred, the person
8        to which the transferable record was most recently
9        transferred;
10        (3) the authoritative copy is communicated to and
11    maintained by the person asserting control or its
12    designated custodian;
13        (4) copies or revisions that add or change an
14    identified assignee of the authoritative copy can be made
15    only with the consent of the person asserting control;
16        (5) each copy of the authoritative copy and any copy
17    of a copy is readily identifiable as a copy that is not the
18    authoritative copy; and
19        (6) any revision of the authoritative copy is readily
20    identifiable as authorized or unauthorized.
21    (d) Except as otherwise agreed, a person having control of
22a transferable record is the holder, as defined in Section
231-201(20) of the Uniform Commercial Code, of the transferable
24record and has the same rights and defenses as a holder of an
25equivalent record or writing under the Uniform Commercial
26Code, including, if the applicable statutory requirements

 

 

HB3205 Engrossed- 17 -LRB102 10919 JLS 16250 b

1under Section 3-302(a), 7-501, or 9-308 of the Uniform
2Commercial Code are satisfied, the rights and defenses of a
3holder in due course, a holder to which a negotiable document
4of title has been duly negotiated, or a purchaser,
5respectively. Delivery, possession, and indorsement are not
6required to obtain or exercise any of the rights under this
7subsection.
8    (e) Except as otherwise agreed, an obligor under a
9transferable record has the same rights and defenses as an
10equivalent obligor under equivalent records or writings under
11the Uniform Commercial Code.
12    (f) If requested by a person against which enforcement is
13sought, the person seeking to enforce the transferable record
14shall provide reasonable proof that the person is in control
15of the transferable record. Proof may include access to the
16authoritative copy of the transferable record and related
17business records sufficient to review the terms of the
18transferable record and to establish the identity of the
19person having control of the transferable record.
 
20    Section 17. Creation and retention of electronic records
21and conversion of written records by Governmental agencies.
22Each governmental agency of this State shall determine
23whether, and the extent to which, it will create and retain
24electronic records and convert written records to electronic
25records.
 

 

 

HB3205 Engrossed- 18 -LRB102 10919 JLS 16250 b

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;

 

 

HB3205 Engrossed- 19 -LRB102 10919 JLS 16250 b

1        (3) control processes and procedures as appropriate to
2    ensure adequate preservation, disposition, integrity,
3    security, confidentiality, and auditability of electronic
4    records; and
5        (4) any other required attributes for electronic
6    records which are specified for corresponding
7    nonelectronic records or reasonably necessary under the
8    circumstances.
9    (c) Except as otherwise provided in Section 12(f), this
10Act does not require a governmental agency of this State to use
11or permit the use of electronic records or electronic
12signatures.
 
13    Section 19. Interoperability. The Department of Innovation
14and Technology may encourage and promote consistency and
15interoperability with similar requirements adopted by other
16governmental agencies of this and other States and the federal
17government and nongovernmental persons interacting with
18governmental agencies of this State. If appropriate, those
19standards may specify differing levels of standards from which
20governmental agencies of this State may choose in implementing
21the most appropriate standard for a particular application.
 
22    Section 20. Severability clause. If any provision of this
23Act or its application to any person or circumstance is held
24invalid, the invalidity does not affect other provisions or

 

 

HB3205 Engrossed- 20 -LRB102 10919 JLS 16250 b

1applications of this Act which can be given effect without the
2invalid provision or application, and to this end the
3provisions of this Act are severable.
 
4    Section 20.5. Exemption to preemption by federal
5electronic signatures Act. This Act modifies, limits, or
6supersedes the provisions of the Electronic Signatures in
7Global and National Commerce Act (15 U.S.C. Section 7001 et
8seq.) as authorized by Section 102 of that Act (15 U.S.C.
9Section 7002).
 
10    Section 20.70. The Statute on Statutes is amended by
11changing Section 1.15 as follows:
 
12    (5 ILCS 70/1.15)  (from Ch. 1, par. 1016)
13    Sec. 1.15. "Written" and "in writing" may include
14printing, electronic, and any other mode of representing words
15and letters; but when the written signature of any person is
16required by law on any official or public writing or bond,
17required by law, it shall be (1) the proper handwriting of such
18person or, in case he is unable to write, his proper mark or
19(2) an electronic signature as defined in the Uniform
20Electronic Transactions Act Electronic Commerce Security Act,
21except as otherwise provided by law.
22(Source: P.A. 90-759, eff. 7-1-99.)
 

 

 

HB3205 Engrossed- 21 -LRB102 10919 JLS 16250 b

1    Section 20.71. The Freedom of Information Act is amended
2by changing Section 7 as follows:
 
3    (5 ILCS 140/7)  (from Ch. 116, par. 207)
4    Sec. 7. Exemptions.
5    (1) When a request is made to inspect or copy a public
6record that contains information that is exempt from
7disclosure under this Section, but also contains information
8that is not exempt from disclosure, the public body may elect
9to redact the information that is exempt. The public body
10shall make the remaining information available for inspection
11and copying. Subject to this requirement, the following shall
12be exempt from inspection and copying:
13        (a) Information specifically prohibited from
14    disclosure by federal or State law or rules and
15    regulations implementing federal or State law.
16        (b) Private information, unless disclosure is required
17    by another provision of this Act, a State or federal law or
18    a court order.
19        (b-5) Files, documents, and other data or databases
20    maintained by one or more law enforcement agencies and
21    specifically designed to provide information to one or
22    more law enforcement agencies regarding the physical or
23    mental status of one or more individual subjects.
24        (c) Personal information contained within public
25    records, the disclosure of which would constitute a

 

 

HB3205 Engrossed- 22 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 23 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 24 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 25 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 26 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 27 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 28 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 29 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 30 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 31 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 32 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 33 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 34 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 35 -LRB102 10919 JLS 16250 b

1prior to disclosure under this Act.
2    (2) A public record that is not in the possession of a
3public body but is in the possession of a party with whom the
4agency has contracted to perform a governmental function on
5behalf of the public body, and that directly relates to the
6governmental function and is not otherwise exempt under this
7Act, shall be considered a public record of the public body,
8for purposes of this Act.
9    (3) This Section does not authorize withholding of
10information or limit the availability of records to the
11public, except as stated in this Section or otherwise provided
12in this Act.
13(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
14100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff.
151-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
 
16    Section 20.72. The Illinois Public Labor Relations Act is
17amended by changing Section 6 as follows:
 
18    (5 ILCS 315/6)  (from Ch. 48, par. 1606)
19    Sec. 6. Right to organize and bargain collectively;
20exclusive representation; and fair share arrangements.
21    (a) Employees of the State and any political subdivision
22of the State, excluding employees of the General Assembly of
23the State of Illinois and employees excluded from the
24definition of "public employee" under subsection (n) of

 

 

HB3205 Engrossed- 36 -LRB102 10919 JLS 16250 b

1Section 3 of this Act, have, and are protected in the exercise
2of, the right of self-organization, and may form, join or
3assist any labor organization, to bargain collectively through
4representatives of their own choosing on questions of wages,
5hours and other conditions of employment, not excluded by
6Section 4 of this Act, and to engage in other concerted
7activities not otherwise prohibited by law for the purposes of
8collective bargaining or other mutual aid or protection, free
9from interference, restraint or coercion. Employees also have,
10and are protected in the exercise of, the right to refrain from
11participating in any such concerted activities. Employees may
12be required, pursuant to the terms of a lawful fair share
13agreement, to pay a fee which shall be their proportionate
14share of the costs of the collective bargaining process,
15contract administration and pursuing matters affecting wages,
16hours and other conditions of employment as defined in Section
173(g).
18    (b) Nothing in this Act prevents an employee from
19presenting a grievance to the employer and having the
20grievance heard and settled without the intervention of an
21employee organization; provided that the exclusive bargaining
22representative is afforded the opportunity to be present at
23such conference and that any settlement made shall not be
24inconsistent with the terms of any agreement in effect between
25the employer and the exclusive bargaining representative.
26    (c) A labor organization designated by the Board as the

 

 

HB3205 Engrossed- 37 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 38 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 39 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 40 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 41 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 42 -LRB102 10919 JLS 16250 b

1with an exclusive representative, it may include in the
2agreement a provision requiring employees covered by the
3agreement who are not members of the organization to pay their
4proportionate share of the costs of the collective bargaining
5process, contract administration and pursuing matters
6affecting wages, hours and conditions of employment, as
7defined in Section 3 (g), but not to exceed the amount of dues
8uniformly required of members. The organization shall certify
9to the employer the amount constituting each nonmember
10employee's proportionate share which shall not exceed dues
11uniformly required of members. In such case, the proportionate
12share payment in this Section shall be deducted by the
13employer from the earnings of the nonmember employees and paid
14to the employee organization.
15    (f) Employers shall make payroll deductions of labor
16organization dues, initiation fees, assessments, and other
17payments for a labor organization that is the exclusive
18representative. Such deductions shall be made in accordance
19with the terms of an employee's written authorization, and
20shall be paid to the exclusive representative. Written
21authorization may be evidenced by electronic communications,
22and such writing or communication may be evidenced by the
23electronic signature of the employee as provided under Section
245-120 of the Uniform Electronic Transactions Act Electronic
25Commerce Security Act.
26    There is no impediment to an employee's right to resign

 

 

HB3205 Engrossed- 43 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 44 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 45 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 46 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 47 -LRB102 10919 JLS 16250 b

1    (f-35) The Illinois Labor Relations Board shall have
2exclusive jurisdiction over claims under Illinois law that
3allege that a labor organization has unlawfully collected dues
4from a public employee in violation of this Act. The Board
5shall by rule require that in cases in which a public employee
6alleges that a labor organization has unlawfully collected
7dues, the public employer shall continue to deduct the
8employee's dues from the employee's pay, but shall transmit
9the dues to the Board for deposit in an escrow account
10maintained by the Board. If the exclusive representative
11maintains an escrow account for the purpose of holding dues to
12which an employee has objected, the employer shall transmit
13the entire amount of dues to the exclusive representative, and
14the exclusive representative shall hold in escrow the dues
15that the employer would otherwise have been required to
16transmit to the Board for escrow; provided that the escrow
17account maintained by the exclusive representative complies
18with rules adopted by the Board or that the collective
19bargaining agreement requiring the payment of the dues
20contains an indemnification provision for the purpose of
21indemnifying the employer with respect to the employer's
22transmission of dues to the exclusive representative.
23    (f-40) If any clause, sentence, paragraph, or subparagraph
24of this Section shall be adjudged by a court of competent
25jurisdiction to be unconstitutional or otherwise invalid, that
26judgment shall not affect, impair, or invalidate the remainder

 

 

HB3205 Engrossed- 48 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 49 -LRB102 10919 JLS 16250 b

1(Source: P.A. 101-620, eff. 12-20-19.)
 
2    Section 20.74. The Government Electronic Records Act is
3amended by changing Section 20 as follows:
 
4    (20 ILCS 35/20)
5    Sec. 20. Electronic transfer of records. Notwithstanding
6any law to the contrary, all government agencies are
7encouraged to employ electronic means of transferring records
8when appropriate. Government agencies may send by electronic
9transmission any document, report, or record that State law
10would otherwise require to be placed in the U.S. mail. Those
11electronic records shall be protected as required by the
12Uniform Electronic Transactions Act Electronic Commerce
13Security Act (5 ILCS 175/).
14(Source: P.A. 96-1363, eff. 7-28-10.)
 
15    Section 20.75. The Department of Public Health Powers and
16Duties Law of the Civil Administrative Code of Illinois is
17amended by changing Section 2310-600 as follows:
 
18    (20 ILCS 2310/2310-600)
19    Sec. 2310-600. Advance directive information.
20    (a) The Department of Public Health shall prepare and
21publish the summary of advance directives law, as required by
22the federal Patient Self-Determination Act, and related forms.

 

 

HB3205 Engrossed- 50 -LRB102 10919 JLS 16250 b

1Publication may be limited to the World Wide Web. The summary
2required under this subsection (a) must include the Department
3of Public Health Uniform POLST form.
4    (b) The Department of Public Health shall publish Spanish
5language versions of the following:
6        (1) The statutory Living Will Declaration form.
7        (2) The Illinois Statutory Short Form Power of
8    Attorney for Health Care.
9        (3) The statutory Declaration of Mental Health
10    Treatment Form.
11        (4) The summary of advance directives law in Illinois.
12        (5) The Department of Public Health Uniform POLST
13    form.
14    Publication may be limited to the World Wide Web.
15    (b-5) In consultation with a statewide professional
16organization representing physicians licensed to practice
17medicine in all its branches, statewide organizations
18representing physician assistants, advanced practice
19registered nurses, nursing homes, registered professional
20nurses, and emergency medical systems, and a statewide
21organization representing hospitals, the Department of Public
22Health shall develop and publish a uniform form for
23practitioner cardiopulmonary resuscitation (CPR) or
24life-sustaining treatment orders that may be utilized in all
25settings. The form shall meet the published minimum
26requirements to nationally be considered a practitioner orders

 

 

HB3205 Engrossed- 51 -LRB102 10919 JLS 16250 b

1for life-sustaining treatment form, or POLST, and may be
2referred to as the Department of Public Health Uniform POLST
3form. An electronic version of the Uniform POLST form under
4this Act may be created, signed, or revoked electronically
5using a generic, technology-neutral system in which each user
6is assigned a unique identifier that is securely maintained
7and in a manner that meets the regulatory requirements for a
8digital or electronic signature. Compliance with the standards
9defined in the Uniform Electronic Transactions Act Electronic
10Commerce Security Act or the implementing rules of the
11Hospital Licensing Act for medical record entry authentication
12for author validation of the documentation, content accuracy,
13and completeness meets this standard. This form does not
14replace a physician's or other practitioner's authority to
15make a do-not-resuscitate (DNR) order.
16    (b-10) In consultation with a statewide professional
17organization representing physicians licensed to practice
18medicine in all its branches, statewide organizations
19representing physician assistants, advanced practice
20registered nurses, nursing homes, registered professional
21nurses, and emergency medical systems, a statewide bar
22association, a national bar association with an Illinois
23chapter that concentrates in elder and disability law, a
24not-for-profit organ procurement organization that coordinates
25organ and tissue donation, a statewide committee or group
26responsible for stakeholder education about POLST issues, and

 

 

HB3205 Engrossed- 52 -LRB102 10919 JLS 16250 b

1a statewide organization representing hospitals, the
2Department of Public Health shall study the feasibility of
3creating a statewide registry of advance directives and POLST
4forms. The registry would allow residents of this State to
5submit the forms and for the forms to be made available to
6health care providers and professionals in a timely manner for
7the provision of care or services. This study must be filed
8with the General Assembly on or before January 1, 2021.
9    (c) (Blank).
10    (d) The Department of Public Health shall publish the
11Department of Public Health Uniform POLST form reflecting the
12changes made by this amendatory Act of the 98th General
13Assembly no later than January 1, 2015.
14(Source: P.A. 100-513, eff. 1-1-18; 101-163, eff. 1-1-20.)
 
15    Section 20.76. The Local Government Electronic
16Notification Act is amended by changing Section 10 as follows:
 
17    (50 ILCS 55/10)
18    Sec. 10. Definitions.
19    (a) As used in this Act:
20    "Electronic notification delivery system" means a computer
21program that notifies interested parties of a unit of local
22government's action and that may have features that confirm
23physical addresses and email addresses, confirm ownership, and
24confirm receipt of an electronic notification.

 

 

HB3205 Engrossed- 53 -LRB102 10919 JLS 16250 b

1    "Electronic notification recipient" means a person who
2affirmatively informs a unit of local government or county
3officer that he or she would like to receive electronically a
4notification that would have been sent by the unit of local
5government or county officer via United States mail.
6    (b) For the purposes of this Act, an identity is confirmed
7if:
8        (1) the electronic notification recipient provides a
9    birthdate and Social Security number that can be matched
10    with the records of the Secretary of State or the county
11    clerk;
12        (2) a mailing sent by United States mail to the
13    electronic notification recipient is responded to
14    digitally with a unique code;
15        (3) the electronic notification recipient uses an
16    electronic a digital signature as defined in the Uniform
17    Electronic Transactions Act Electronic Commerce Security
18    Act; or
19        (4) the electronic notification recipient signs up in
20    person with the unit of local government or county officer
21    and provides a government-issued identification.
22    (c) For the purposes of this Act, a physical address of an
23electronic notification recipient is confirmed if the
24electronic notification recipient's address is matched with
25the records of the Secretary of State and an email address of
26an electronic notification recipient is confirmed when an

 

 

HB3205 Engrossed- 54 -LRB102 10919 JLS 16250 b

1email to that email address has been delivered and
2affirmatively responded to in a way that can be tracked by the
3electronic notification delivery system.
4    (d) For the purposes of this Act, an electronic
5notification recipient's ownership is confirmed if his or her
6name is matched with the records of the county recorder of
7deeds.
8    (e) For the purposes of this Act, the receipt of an
9electronic notification is confirmed if an electronic
10notification recipient:
11        (1) responds to the electronic notification; or
12        (2) reads the electronic notification in an electronic
13    notification delivery system that is able to track that an
14    email has been opened.
15(Source: P.A. 100-856, eff. 1-1-19.)
 
16    Section 20.77. The Illinois Educational Labor Relations
17Act is amended by changing Section 11.1 as follows:
 
18    (115 ILCS 5/11.1)
19    Sec. 11.1. Dues collection.
20    (a) Employers shall make payroll deductions of employee
21organization dues, initiation fees, assessments, and other
22payments for an employee organization that is the exclusive
23representative. Such deductions shall be made in accordance
24with the terms of an employee's written authorization and

 

 

HB3205 Engrossed- 55 -LRB102 10919 JLS 16250 b

1shall be paid to the exclusive representative. Written
2authorization may be evidenced by electronic communications,
3and such writing or communication may be evidenced by the
4electronic signature of the employee as provided under Uniform
5Electronic Transactions Section 5-120 of the Electronic
6Commerce Security Act.
7    There is no impediment to an employee's right to resign
8union membership at any time. However, notwithstanding any
9other provision of law to the contrary regarding authorization
10and deduction of dues or other payments to a labor
11organization, the exclusive representative and an educational
12employee may agree to reasonable limits on the right of the
13employee to revoke such authorization, including a period of
14irrevocability that exceeds one year. An authorization that is
15irrevocable for one year, which may be automatically renewed
16for successive annual periods in accordance with the terms of
17the authorization, and that contains at least an annual 10-day
18period of time during which the educational employee may
19revoke the authorization, shall be deemed reasonable. This
20Section shall apply to all claims that allege that an
21educational employer or employee organization has improperly
22deducted or collected dues from an employee without regard to
23whether the claims or the facts upon which they are based
24occurred before, on, or after the effective date of this
25amendatory Act of the 101st General Assembly and shall apply
26retroactively to the maximum extent permitted by law.

 

 

HB3205 Engrossed- 56 -LRB102 10919 JLS 16250 b

1    (b) Upon receiving written notice of the authorization,
2the educational employer must commence dues deductions as soon
3as practicable, but in no case later than 30 days after
4receiving notice from the employee organization. Employee
5deductions shall be transmitted to the employee organization
6no later than 10 days after they are deducted unless a shorter
7period is mutually agreed to.
8    (c) Deductions shall remain in effect until:
9        (1) the educational employer receives notice that an
10    educational employee has revoked his or her authorization
11    in writing in accordance with the terms of the
12    authorization; or
13        (2) the individual educational employee is no longer
14    employed by the educational employer in a bargaining unit
15    position represented by the same exclusive representative;
16    provided that if such employee is, within a period of one
17    year, employed by the same educational employer in a
18    position represented by the same employee organization,
19    the right to dues deduction shall be automatically
20    reinstated.
21    Nothing in this subsection prevents an employee from
22continuing to authorize payroll deductions when no longer
23represented by the exclusive representative that would receive
24those deductions.
25    Should the individual educational employee who has signed
26a dues deduction authorization card either be removed from an

 

 

HB3205 Engrossed- 57 -LRB102 10919 JLS 16250 b

1educational employer's payroll or otherwise placed on any type
2of involuntary or voluntary leave of absence, whether paid or
3unpaid, the employee's dues deduction shall be continued upon
4that employee's return to the payroll in a bargaining unit
5position represented by the same exclusive representative or
6restoration to active duty from such a leave of absence.
7    (d) Unless otherwise mutually agreed by the educational
8employer and the exclusive representative, employee requests
9to authorize, revoke, cancel, or change authorizations for
10payroll deductions for employee organizations shall be
11directed to the employee organization rather than to the
12educational employer. The employee organization shall be
13responsible for initially processing and notifying the
14educational employer of proper requests or providing proper
15requests to the employer. If the requests are not provided to
16the educational employer, the employer shall rely on
17information provided by the employee organization regarding
18whether deductions for an employee organization were properly
19authorized, revoked, canceled, or changed, and the employee
20organization shall indemnify the educational employer for any
21damages and reasonable costs incurred for any claims made by
22educational employees for deductions made in good faith
23reliance on that information.
24    (e) Upon receipt by the exclusive representative of an
25appropriate written authorization from an individual
26educational employee, written notice of authorization shall be

 

 

HB3205 Engrossed- 58 -LRB102 10919 JLS 16250 b

1provided to the educational employer and any authorized
2deductions shall be made in accordance with law. The employee
3organization shall indemnify the educational employer for any
4damages and reasonable costs incurred for any claims made by
5an educational employee for deductions made in good faith
6reliance on its notification.
7    (f) The failure of an educational employer to comply with
8the provisions of this Section shall be a violation of the duty
9to bargain and an unfair labor practice. Relief for the
10violation shall be reimbursement by the educational employer
11of dues that should have been deducted or paid based on a valid
12authorization given by the educational employee or employees.
13In addition, the provisions of a collective bargaining
14agreement that contain the obligations set forth in this
15Section may be enforced in accordance with Section 10.
16    (g) The Illinois Educational Labor Relations Board shall
17have exclusive jurisdiction over claims under Illinois law
18that allege an educational employer or employee organization
19has unlawfully deducted or collected dues from an educational
20employee in violation of this Act. The Board shall by rule
21require that in cases in which an educational employee alleges
22that an employee organization has unlawfully collected dues,
23the educational employer shall continue to deduct the
24employee's dues from the employee's pay, but shall transmit
25the dues to the Board for deposit in an escrow account
26maintained by the Board. If the exclusive representative

 

 

HB3205 Engrossed- 59 -LRB102 10919 JLS 16250 b

1maintains an escrow account for the purpose of holding dues to
2which an employee has objected, the employer shall transmit
3the entire amount of dues to the exclusive representative, and
4the exclusive representative shall hold in escrow the dues
5that the employer would otherwise have been required to
6transmit to the Board for escrow; provided that the escrow
7account maintained by the exclusive representative complies
8with rules adopted by the Board or that the collective
9bargaining agreement requiring the payment of the dues
10contains an indemnification provision for the purpose of
11indemnifying the employer with respect to the employer's
12transmission of dues to the exclusive representative.
13    (h) If a collective bargaining agreement that includes a
14dues deduction clause expires or continues in effect beyond
15its scheduled expiration date pending the negotiation of a
16successor agreement, then the employer shall continue to honor
17and abide by the dues deduction clause until a new agreement
18that includes a dues deduction clause is reached. Failure to
19honor and abide by the dues deduction clause for the benefit of
20any exclusive representative as set forth in this subsection
21(h) shall be a violation of the duty to bargain and an unfair
22labor practice. For the benefit of any successor exclusive
23representative certified under this Act, this provision shall
24be applicable, provided the successor exclusive representative
25presents the employer with employee written authorizations or
26certifications from the exclusive representative for the

 

 

HB3205 Engrossed- 60 -LRB102 10919 JLS 16250 b

1deduction of dues, assessments, and fees under this subsection
2(h).
3    (i)(1) If any clause, sentence, paragraph, or subdivision
4of this Section shall be adjudged by a court of competent
5jurisdiction to be unconstitutional or otherwise invalid, that
6judgment shall not affect, impair, or invalidate the remainder
7thereof, but shall be confined in its operation to the clause,
8sentence, paragraph, or subdivision of this Section directly
9involved in the controversy in which such judgment shall have
10been rendered.
11    (2) If any clause, sentence, paragraph, or part of a
12signed authorization for payroll deductions shall be adjudged
13by a court of competent jurisdiction to be unconstitutional or
14otherwise invalid, that judgment shall not affect, impair, or
15invalidate the remainder of the signed authorization, but
16shall be confined in its operation to the clause, sentence,
17paragraph, or part of the signed authorization directly
18involved in the controversy in which such judgment shall have
19been rendered.
20(Source: P.A. 101-620, eff. 12-20-19.)
 
21    Section 20.78. The Illinois Credit Union Act is amended by
22changing Sections 10.2, 19 and 20 as follows:
 
23    (205 ILCS 305/10.2)
24    Sec. 10.2. Electronic records.

 

 

HB3205 Engrossed- 61 -LRB102 10919 JLS 16250 b

1    (a) As used in this Section, "electronic" and "electronic
2record" have the meanings given to those terms in the Uniform
3Electronic Transactions Electronic Commerce Security Act.
4    (b) If a provision of this Act requires information to be
5written or delivered in writing, or provides for certain
6consequences if it is not, an electronic record or electronic
7delivery satisfies that rule of law.
8    (c) If a provision of this Act requires a policy, record,
9notice or other document or information to be mailed or
10otherwise furnished, posted, or disclosed by a credit union,
11electronic delivery or distribution satisfies that rule of
12law. Policies and notifications of general interest to or
13impact on the membership may be posted on a credit union's
14website or disclosed in membership newsletters or account
15statements, in addition to, or in lieu of, any other methods of
16notification or distribution specified in this Act.
17(Source: P.A. 101-567, eff. 8-23-19.)
 
18    (205 ILCS 305/19)  (from Ch. 17, par. 4420)
19    Sec. 19. Meeting of members.
20    (1) The annual meeting shall be held each year during the
21months of January, February or March or such other month as may
22be approved by the Department. The meeting shall be held at the
23time, place and in the manner set forth in the bylaws. Any
24special meetings of the members of the credit union shall be
25held at the time, place and in the manner set forth in the

 

 

HB3205 Engrossed- 62 -LRB102 10919 JLS 16250 b

1bylaws. Unless otherwise set forth in this Act, quorum
2requirements for meetings of members shall be established by a
3credit union in its bylaws. Notice of all meetings must be
4given by the secretary of the credit union at least 7 days
5before the date of such meeting, either by handing a written or
6printed notice to each member of the credit union, by mailing
7the notice to the member at his address as listed on the books
8and records of the credit union, or by posting a notice of the
9meeting in three conspicuous places, including the office of
10the credit union.
11    (2) On all questions and at all elections, except election
12of directors, each member has one vote regardless of the
13number of his shares. There shall be no voting by proxy except
14on the election of directors, proposals for merger or
15voluntary dissolution. Members may vote on questions and in
16elections by secure electronic record if approved by the board
17of directors. All voting on the election of directors shall be
18by ballot, but when there is no contest, written or electronic
19ballots need not be cast. The record date to be used for the
20purpose of determining which members are entitled to notice of
21or to vote at any meeting of members, may be fixed in advance
22by the directors on a date not more than 90 days nor less than
2310 days prior to the date of the meeting. If no record date is
24fixed by the directors, the first day on which notice of the
25meeting is given, mailed or posted is the record date.
26    (3) Regardless of the number of shares owned by a society,

 

 

HB3205 Engrossed- 63 -LRB102 10919 JLS 16250 b

1association, club, partnership, other credit union or
2corporation, having membership in the credit union, it shall
3be entitled to only one vote and it may be represented and have
4its vote cast by its designated agent acting on its behalf
5pursuant to a resolution adopted by the organization's board
6of directors or similar governing authority; provided that the
7credit union shall obtain a certified copy of such resolution
8before such vote may be cast.
9    (4) A member may revoke a proxy by delivery to the credit
10union of a written statement to that effect, by execution of a
11subsequently dated proxy, by execution of a secure electronic
12record, or by attendance at a meeting and voting in person.
13    (5) As used in this Section, "electronic" and "electronic
14record" have the meanings ascribed to those terms in the
15Uniform Electronic Transactions Electronic Commerce Security
16Act. As used in this Section, "secured electronic record"
17means an electronic record that meets the criteria set forth
18in Uniform Electronic Transactions Section 10-105 of the
19Electronic Commerce Security Act.
20(Source: P.A. 100-361, eff. 8-25-17.)
 
21    (205 ILCS 305/20)  (from Ch. 17, par. 4421)
22    Sec. 20. Election or appointment of officials.
23    (1) The credit union shall be directed by a board of
24directors consisting of no less than 7 in number, to be elected
25at the annual meeting by and from the members. Directors shall

 

 

HB3205 Engrossed- 64 -LRB102 10919 JLS 16250 b

1hold office until the next annual meeting, unless their terms
2are staggered. Upon amendment of its bylaws, a credit union
3may divide the directors into 2 or 3 classes with each class as
4nearly equal in number as possible. The term of office of the
5directors of the first class shall expire at the first annual
6meeting after their election, that of the second class shall
7expire at the second annual meeting after their election, and
8that of the third class, if any, shall expire at the third
9annual meeting after their election. At each annual meeting
10after the classification, the number of directors equal to the
11number of directors whose terms expire at the time of the
12meeting shall be elected to hold office until the second
13succeeding annual meeting if there are 2 classes or until the
14third succeeding annual meeting if there are 3 classes. A
15director shall hold office for the term for which he or she is
16elected and until his or her successor is elected and
17qualified.
18    (1.5) Except as provided in subsection (1.10), in all
19elections for directors, every member has the right to vote,
20in person, by proxy, or by secure electronic record if
21approved by the board of directors, the number of shares owned
22by him, or in the case of a member other than a natural person,
23the member's one vote, for as many persons as there are
24directors to be elected, or to cumulate such shares, and give
25one candidate as many votes as the number of directors
26multiplied by the number of his shares equals, or to

 

 

HB3205 Engrossed- 65 -LRB102 10919 JLS 16250 b

1distribute them on the same principle among as many candidates
2as he may desire and the directors shall not be elected in any
3other manner. Shares held in a joint account owned by more than
4one member may be voted by any one of the members, however, the
5number of cumulative votes cast may not exceed a total equal to
6the number of shares multiplied by the number of directors to
7be elected. A majority of the shares entitled to vote shall be
8represented either in person or by proxy for the election of
9directors. Each director shall wholly take and subscribe to an
10oath that he will diligently and honestly perform his duties
11in administering the affairs of the credit union, that while
12he may delegate to another the performance of those
13administrative duties he is not thereby relieved from his
14responsibility for their performance, that he will not
15knowingly violate or permit to be violated any law applicable
16to the credit union, and that he is the owner of at least one
17share of the credit union.
18    (1.10) Upon amendment of a credit union's bylaws approved
19by the members, in all elections for directors, every member
20who is a natural person shall have the right to cast one vote,
21regardless of the number of his or her shares, in person, by
22proxy, or by secure electronic record if approved by the board
23of directors, for as many persons as there are directors to be
24elected.
25    (1.15) If the board of directors has adopted a policy
26addressing age eligibility standards on voting, holding

 

 

HB3205 Engrossed- 66 -LRB102 10919 JLS 16250 b

1office, or petitioning the board, then a credit union may
2require (i) that members be at least 18 years of age by the
3date of the meeting in order to vote at meetings of the
4members, sign nominating petitions, or sign petitions
5requesting special meetings, and (ii) that members be at least
618 years of age by the date of election or appointment in order
7to hold elective or appointive office.
8    (2) The board of directors shall appoint from among the
9members of the credit union, a supervisory committee of not
10less than 3 members at the organization meeting and within 30
11days following each annual meeting of the members for such
12terms as the bylaws provide. Members of the supervisory
13committee may, but need not be, on the board of directors, but
14shall not be officers of the credit union, members of the
15credit committee, or the credit manager if no credit committee
16has been appointed.
17    (3) The board of directors may appoint, from among the
18members of the credit union, a credit committee consisting of
19an odd number, not less than 3 for such terms as the bylaws
20provide. Members of the credit committee may, but need not be,
21directors or officers of the credit union, but shall not be
22members of the supervisory committee.
23    (4) The board of directors may appoint from among the
24members of the credit union a membership committee of one or
25more persons. If appointed, the committee shall act upon all
26applications for membership and submit a report of its actions

 

 

HB3205 Engrossed- 67 -LRB102 10919 JLS 16250 b

1to the board of directors at the next regular meeting for
2review. If no membership committee is appointed, credit union
3management shall act upon all applications for membership and
4submit a report of its actions to the board of directors at the
5next regular meeting for review.
6    (5) As used in this Section, "electronic" and "electronic
7record" have the meanings ascribed to those terms in the
8Uniform Electronic Transactions Electronic Commerce Security
9Act. As used in this Section, "secured electronic record"
10means an electronic record that meets the criteria set forth
11in Uniform Electronic Transactions Section 10-105 of the
12Electronic Commerce Security Act.
13(Source: P.A. 100-361, eff. 8-25-17.)
 
14    Section 20.79. The Illinois Insurance Code is amended by
15changing Sections 143.34 and 513a13 as follows:
 
16    (215 ILCS 5/143.34)
17    Sec. 143.34. Electronic notices and documents.
18    (a) As used in this Section:
19    "Delivered by electronic means" includes:
20        (1) delivery to an electronic mail address at which a
21    party has consented to receive notices or documents; or
22        (2) posting on an electronic network or site
23    accessible via the Internet, mobile application, computer,
24    mobile device, tablet, or any other electronic device,

 

 

HB3205 Engrossed- 68 -LRB102 10919 JLS 16250 b

1    together with separate notice of the posting, which shall
2    be provided by electronic mail to the address at which the
3    party has consented to receive notice or by any other
4    delivery method that has been consented to by the party.
5    "Party" means any recipient of any notice or document
6required as part of an insurance transaction, including, but
7not limited to, an applicant, an insured, a policyholder, or
8an annuity contract holder.
9    (b) Subject to the requirements of this Section, any
10notice to a party or any other document required under
11applicable law in an insurance transaction or that is to serve
12as evidence of insurance coverage may be delivered, stored,
13and presented by electronic means so long as it meets the
14requirements of the Uniform Electronic Transactions Electronic
15Commerce Security Act.
16    (c) Delivery of a notice or document in accordance with
17this Section shall be considered equivalent to any delivery
18method required under applicable law, including delivery by
19first class mail; first class mail, postage prepaid; certified
20mail; certificate of mail; or certificate of mailing.
21    (d) A notice or document may be delivered by electronic
22means by an insurer to a party under this Section if:
23        (1) the party has affirmatively consented to that
24    method of delivery and has not withdrawn the consent;
25        (2) the party, before giving consent, is provided with
26    a clear and conspicuous statement informing the party of:

 

 

HB3205 Engrossed- 69 -LRB102 10919 JLS 16250 b

1            (A) the right of the party to withdraw consent to
2        have a notice or document delivered by electronic
3        means, at any time, and any conditions or consequences
4        imposed in the event consent is withdrawn;
5            (B) the types of notices and documents to which
6        the party's consent would apply;
7            (C) the right of a party to have a notice or
8        document delivered in paper form; and
9            (D) the procedures a party must follow to withdraw
10        consent to have a notice or document delivered by
11        electronic means and to update the party's electronic
12        mail address;
13        (3) the party:
14            (A) before giving consent, is provided with a
15        statement of the hardware and software requirements
16        for access to, and retention of, a notice or document
17        delivered by electronic means; and
18            (B) consents electronically, or confirms consent
19        electronically, in a manner that reasonably
20        demonstrates that the party can access information in
21        the electronic form that will be used for notices or
22        documents delivered by electronic means as to which
23        the party has given consent; and
24        (4) after consent of the party is given, the insurer,
25    in the event a change in the hardware or software
26    requirements needed to access or retain a notice or

 

 

HB3205 Engrossed- 70 -LRB102 10919 JLS 16250 b

1    document delivered by electronic means creates a material
2    risk that the party will not be able to access or retain a
3    subsequent notice or document to which the consent
4    applies:
5            (A) provides the party with a statement that
6        describes:
7                (i) the revised hardware and software
8            requirements for access to and retention of a
9            notice or document delivered by electronic means;
10            and
11                (ii) the right of the party to withdraw
12            consent without the imposition of any condition or
13            consequence that was not disclosed at the time of
14            initial consent; and
15            (B) complies with paragraph (2) of this subsection
16        (d).
17    (e) Delivery of a notice or document in accordance with
18this Section does not affect requirements related to content
19or timing of any notice or document required under applicable
20law.
21    (f) If a provision of this Section or applicable law
22requiring a notice or document to be provided to a party
23expressly requires verification or acknowledgment of receipt
24of the notice or document, the notice or document may be
25delivered by electronic means only if the method used provides
26for verification or acknowledgment of receipt.

 

 

HB3205 Engrossed- 71 -LRB102 10919 JLS 16250 b

1    (g) The legal effectiveness, validity, or enforceability
2of any contract or policy of insurance executed by a party may
3not be denied solely because of the failure to obtain
4electronic consent or confirmation of consent of the party in
5accordance with subparagraph (B) of paragraph (3) of
6subsection (d) of this Section.
7    (h) A withdrawal of consent by a party does not affect the
8legal effectiveness, validity, or enforceability of a notice
9or document delivered by electronic means to the party before
10the withdrawal of consent is effective.
11    A withdrawal of consent by a party is effective within a
12reasonable period of time after receipt of the withdrawal by
13the insurer.
14    Failure by an insurer to comply with paragraph (4) of
15subsection (d) of this Section and subsection (j) of this
16Section may be treated, at the election of the party, as a
17withdrawal of consent for purposes of this Section.
18    (i) This Section does not apply to a notice or document
19delivered by an insurer in an electronic form before the
20effective date of this amendatory Act of the 99th General
21Assembly to a party who, before that date, has consented to
22receive notice or document in an electronic form otherwise
23allowed by law.
24    (j) If the consent of a party to receive certain notices or
25documents in an electronic form is on file with an insurer
26before the effective date of this amendatory Act of the 99th

 

 

HB3205 Engrossed- 72 -LRB102 10919 JLS 16250 b

1General Assembly and, pursuant to this Section, an insurer
2intends to deliver additional notices or documents to the
3party in an electronic form, then prior to delivering such
4additional notices or documents electronically, the insurer
5shall:
6            (1) provide the party with a statement that
7        describes:
8                (A) the notices or documents that shall be
9            delivered by electronic means under this Section
10            that were not previously delivered electronically;
11            and
12                (B) the party's right to withdraw consent to
13            have notices or documents delivered by electronic
14            means without the imposition of any condition or
15            consequence that was not disclosed at the time of
16            initial consent; and
17            (2) comply with paragraph (2) of subsection (d) of
18        this Section.
19    (k) An insurer shall deliver a notice or document by any
20other delivery method permitted by law other than electronic
21means if:
22        (1) the insurer attempts to deliver the notice or
23    document by electronic means and has a reasonable basis
24    for believing that the notice or document has not been
25    received by the party; or
26        (2) the insurer becomes aware that the electronic mail

 

 

HB3205 Engrossed- 73 -LRB102 10919 JLS 16250 b

1    address provided by the party is no longer valid.
2    (l) A producer shall not be subject to civil liability for
3any harm or injury that occurs as a result of a party's
4election to receive any notice or document by electronic means
5or by an insurer's failure to deliver a notice or document by
6electronic means unless the harm or injury is caused by the
7willful and wanton misconduct of the producer.
8    (m) This Section shall not be construed to modify, limit,
9or supersede the provisions of the federal Electronic
10Signatures in Global and National Commerce Act, as amended.
11    (n) Nothing in this Section shall prevent an insurer from
12posting on the insurer's Internet site any standard policy and
13any endorsements to such a policy that does not contain
14personally identifiable information, in accordance with
15Section 143.33 of this Code, in lieu of delivery to a
16policyholder, insured, or applicant for insurance by any other
17method.
18(Source: P.A. 99-167, eff. 1-1-16.)
 
19    (215 ILCS 5/513a13)
20    Sec. 513a13. Electronic delivery of notices and documents.
21    (a) As used in this Section:
22    "Delivered by electronic means" includes:
23        (1) delivery to an electronic mail address at which a
24    party has consented to receive notices or documents; or
25        (2) posting on an electronic network or site

 

 

HB3205 Engrossed- 74 -LRB102 10919 JLS 16250 b

1    accessible via the Internet, mobile application, computer,
2    mobile device, tablet, or any other electronic device,
3    together with separate notice of the posting, which shall
4    be provided by electronic mail to the address at which the
5    party has consented to receive notice or by any other
6    delivery method that has been consented to by the party.
7    "Party" means any recipient of any notice or document
8required as part of a premium finance agreement including, but
9not limited to, an applicant or contracting party. For the
10purposes of this Section, "party" includes the producer of
11record.
12    (b) Subject to the requirements of this Section, any
13notice to a party or any other document required under
14applicable law in a premium finance agreement or that is to
15serve as evidence of a premium finance agreement may be
16delivered, stored, and presented by electronic means so long
17as it meets the requirements of the Uniform Electronic
18Transactions Electronic Commerce Security Act.
19    (c) Delivery of a notice or document in accordance with
20this Section shall be considered equivalent to delivery by
21first class mail or first class mail, postage prepaid.
22    (d) A notice or document may be delivered by electronic
23means by a premium finance company to a party under this
24Section if:
25        (1) the party has affirmatively consented to that
26    method of delivery and has not withdrawn the consent;

 

 

HB3205 Engrossed- 75 -LRB102 10919 JLS 16250 b

1        (2) the party, before giving consent, is provided with
2    a clear and conspicuous statement informing the party of:
3            (A) the right of the party to withdraw consent to
4        have a notice or document delivered by electronic
5        means, at any time, and any conditions or consequences
6        imposed in the event consent is withdrawn;
7            (B) the types of notices and documents to which
8        the party's consent would apply;
9            (C) the right of a party to have a notice or
10        document delivered in paper form; and
11            (D) the procedures a party must follow to withdraw
12        consent to have a notice or document delivered by
13        electronic means and to update the party's electronic
14        mail address;
15        (3) the party:
16            (A) before giving consent, is provided with a
17        statement of the hardware and software requirements
18        for access to, and retention of, a notice or document
19        delivered by electronic means; and
20            (B) consents electronically, or confirms consent
21        electronically, in a manner that reasonably
22        demonstrates that the party can access information in
23        the electronic form that will be used for notices or
24        documents delivered by electronic means as to which
25        the party has given consent; and
26        (4) after consent of the party is given, the premium

 

 

HB3205 Engrossed- 76 -LRB102 10919 JLS 16250 b

1    finance company, in the event a change in the hardware or
2    software requirements needed to access or retain a notice
3    or document delivered by electronic means creates a
4    material risk that the party will not be able to access or
5    retain a subsequent notice or document to which the
6    consent applies:
7            (A) provides the party with a statement that
8        describes:
9                (i) the revised hardware and software
10            requirements for access to and retention of a
11            notice or document delivered by electronic means;
12            and
13                (ii) the right of the party to withdraw
14            consent without the imposition of any condition or
15            consequence that was not disclosed at the time of
16            initial consent; and
17            (B) complies with paragraph (2) of this subsection
18        (d).
19    (e) Delivery of a notice or document in accordance with
20this Section does not affect requirements related to content
21or timing of any notice or document required under applicable
22law.
23    (f) The legal effectiveness, validity, or enforceability
24of any premium finance agreement executed by a party may not be
25denied solely because of the failure to obtain electronic
26consent or confirmation of consent of the party in accordance

 

 

HB3205 Engrossed- 77 -LRB102 10919 JLS 16250 b

1with subparagraph (B) of paragraph (3) of subsection (d) of
2this Section.
3    (g) A withdrawal of consent by a party does not affect the
4legal effectiveness, validity, or enforceability of a notice
5or document delivered by electronic means to the party before
6the withdrawal of consent is effective.
7    A withdrawal of consent by a party is effective within a
8reasonable period of time after receipt of the withdrawal by
9the premium finance company.
10    Failure by a premium finance company to comply with
11paragraph (4) of subsection (d) of this Section and subsection
12(j) of this Section may be treated, at the election of the
13party, as a withdrawal of consent for purposes of this
14Section.
15    (h) This Section does not apply to a notice or document
16delivered by a premium finance company in an electronic form
17before the effective date of this amendatory Act of the 100th
18General Assembly to a party who, before that date, has
19consented to receive notice or document in an electronic form
20otherwise allowed by law.
21    (i) If the consent of a party to receive certain notices or
22documents in an electronic form is on file with a premium
23finance company before the effective date of this amendatory
24Act of the 100th General Assembly and, pursuant to this
25Section, a premium finance company intends to deliver
26additional notices or documents to the party in an electronic

 

 

HB3205 Engrossed- 78 -LRB102 10919 JLS 16250 b

1form, then prior to delivering such additional notices or
2documents electronically, the premium finance company shall:
3            (1) provide the party with a statement that
4        describes:
5                (A) the notices or documents that shall be
6            delivered by electronic means under this Section
7            that were not previously delivered electronically;
8            and
9                (B) the party's right to withdraw consent to
10            have notices or documents delivered by electronic
11            means without the imposition of any condition or
12            consequence that was not disclosed at the time of
13            initial consent; and
14            (2) comply with paragraph (2) of subsection (d) of
15        this Section.
16    (j) A premium finance company shall deliver a notice or
17document by any other delivery method permitted by law other
18than electronic means if:
19        (1) the premium finance company attempts to deliver
20    the notice or document by electronic means and has a
21    reasonable basis for believing that the notice or document
22    has not been received by the party; or
23        (2) the premium finance company becomes aware that the
24    electronic mail address provided by the party is no longer
25    valid.
26    (k) The producer of record shall not be subject to civil

 

 

HB3205 Engrossed- 79 -LRB102 10919 JLS 16250 b

1liability for any harm or injury that occurs as a result of a
2party's election to receive any notice or document by
3electronic means or by a premium finance company's failure to
4deliver a notice or document by electronic means unless the
5harm or injury is caused by the willful and wanton misconduct
6of the producer of record.
7    (l) This Section shall not be construed to modify, limit,
8or supersede the provisions of the federal Electronic
9Signatures in Global and National Commerce Act, as amended.
10(Source: P.A. 100-495, eff. 1-1-18.)
 
11    Section 20.80. The Find Our Children Act is amended by
12changing Section 5 as follows:
 
13    (325 ILCS 57/5)
14    Sec. 5. State agency webpage requirements.
15    (a) Each State agency that maintains an Internet website
16must include a hypertext link to the homepage website
17maintained and operated by the National Center For Missing And
18Exploited Children.
19    (b) Each State agency that maintains an Internet website
20must include a hypertext link to any State agency website that
21posts information concerning AMBER alerts or similar
22broadcasts concerning missing children.
23    (c) For the purpose of this Act, "State agency" has the
24meaning ascribed to the term "governmental agency" under the

 

 

HB3205 Engrossed- 80 -LRB102 10919 JLS 16250 b

1Uniform Electronic Transactions set forth in Section 5-105 of
2the Electronic Commerce Security Act.
3(Source: P.A. 94-484, eff. 8-8-05.)
 
4    Section 20.81. The Criminal Code of 2012 is amended by
5changing Section 17-3 as follows:
 
6    (720 ILCS 5/17-3)  (from Ch. 38, par. 17-3)
7    Sec. 17-3. Forgery.
8    (a) A person commits forgery when, with intent to defraud,
9he or she knowingly:
10        (1) makes a false document or alters any document to
11    make it false and that document is apparently capable of
12    defrauding another; or
13        (2) issues or delivers such document knowing it to
14    have been thus made or altered; or
15        (3) possesses, with intent to issue or deliver, any
16    such document knowing it to have been thus made or
17    altered; or
18        (4) unlawfully uses the digital signature, as defined
19    in the Financial Institutions Electronic Documents and
20    Digital Signature Act, of another; or
21        (5) unlawfully creates uses the signature device of
22    another to create an electronic signature of another that
23    other person, as that term is those terms are defined in
24    the Uniform Electronic Transactions Electronic Commerce

 

 

HB3205 Engrossed- 81 -LRB102 10919 JLS 16250 b

1    Security Act.
2    (b) (Blank).
3    (c) A document apparently capable of defrauding another
4includes, but is not limited to, one by which any right,
5obligation or power with reference to any person or property
6may be created, transferred, altered or terminated. A document
7includes any record or electronic record as those terms are
8defined in the Electronic Commerce Security Act. For purposes
9of this Section, a document also includes a Universal Price
10Code Label or coin.
11    (c-5) For purposes of this Section, "false document" or
12"document that is false" includes, but is not limited to, a
13document whose contents are false in some material way, or
14that purports to have been made by another or at another time,
15or with different provisions, or by authority of one who did
16not give such authority.
17    (d) Sentence.
18        (1) Except as provided in paragraphs (2) and (3),
19    forgery is a Class 3 felony.
20        (2) Forgery is a Class 4 felony when only one
21    Universal Price Code Label is forged.
22        (3) Forgery is a Class A misdemeanor when an academic
23    degree or coin is forged.
24    (e) It is not a violation of this Section if a false
25academic degree explicitly states "for novelty purposes only".
26(Source: P.A. 96-1551, eff. 7-1-11; 97-231, eff. 1-1-12;

 

 

HB3205 Engrossed- 82 -LRB102 10919 JLS 16250 b

197-1109, eff. 1-1-13.)
 
2    Section 20.82. The Illinois Living Will Act is amended by
3changing Sections 5 and 9 as follows:
 
4    (755 ILCS 35/5)  (from Ch. 110 1/2, par. 705)
5    Sec. 5. Revocation.
6    (a) A declaration may be revoked at any time by the
7declarant, without regard to declarant's mental or physical
8condition, by any of the following methods:
9        (1) By being obliterated, burnt, torn or otherwise
10    destroyed or defaced in a manner indicating intention to
11    cancel;
12        (2) By a written revocation of the declaration signed
13    and dated by the declarant or person acting at the
14    direction of the declarant, regardless of whether the
15    written revocation is in electronic or hard copy format;
16        (3) By an oral or any other expression of the intent to
17    revoke the declaration, in the presence of a witness 18
18    years of age or older who signs and dates a writing
19    confirming that such expression of intent was made; or
20        (4) For an electronic declaration, by deleting in a
21    manner indicating the intention to revoke. An electronic
22    declaration may be revoked electronically using a generic,
23    technology-neutral system in which each user is assigned a
24    unique identifier that is securely maintained and in a

 

 

HB3205 Engrossed- 83 -LRB102 10919 JLS 16250 b

1    manner that meets the regulatory requirements for a
2    digital or electronic signature. Compliance with the
3    standards defined in the Uniform Electronic Transactions
4    Electronic Commerce Security Act or the implementing rules
5    of the Hospital Licensing Act for medical record entry
6    authentication for author validation of the documentation,
7    content accuracy, and completeness meets this standard.
8    (b) A revocation is effective upon communication to the
9attending physician by the declarant or by another who
10witnessed the revocation. The attending physician shall record
11in the patient's medical record the time and date when and the
12place where he or she received notification of the revocation.
13    (c) There shall be no criminal or civil liability on the
14part of any person for failure to act upon a revocation made
15pursuant to this Section unless that person has actual
16knowledge of the revocation.
17(Source: P.A. 101-163, eff. 1-1-20.)
 
18    (755 ILCS 35/9)  (from Ch. 110 1/2, par. 709)
19    Sec. 9. General provisions.
20    (a) The withholding or withdrawal of death delaying
21procedures from a qualified patient in accordance with the
22provisions of this Act shall not, for any purpose, constitute
23a suicide.
24    (b) The making of a declaration pursuant to Section 3
25shall not affect in any manner the sale, procurement, or

 

 

HB3205 Engrossed- 84 -LRB102 10919 JLS 16250 b

1issuance of any policy of life insurance, nor shall it be
2deemed to modify the terms of an existing policy of life
3insurance. No policy of life insurance shall be legally
4impaired or invalidated in any manner by the withholding or
5withdrawal of death delaying procedures from an insured
6qualified patient, notwithstanding any term of the policy to
7the contrary.
8    (c) No physician, health care facility, or other health
9care provider, and no health care service plan, health
10maintenance organization, insurer issuing disability
11insurance, self-insured employee welfare benefit plan,
12nonprofit medical service corporation or mutual nonprofit
13hospital service corporation shall require any person to
14execute a declaration as a condition for being insured for, or
15receiving, health care services.
16    (d) Nothing in this Act shall impair or supersede any
17legal right or legal responsibility which any person may have
18to effect the withholding or withdrawal of death delaying
19procedures in any lawful manner. In such respect the
20provisions of this Act are cumulative.
21    (e) This Act shall create no presumption concerning the
22intention of an individual who has not executed a declaration
23to consent to the use or withholding of death delaying
24procedures in the event of a terminal condition.
25    (f) Nothing in this Act shall be construed to condone,
26authorize or approve mercy killing or to permit any

 

 

HB3205 Engrossed- 85 -LRB102 10919 JLS 16250 b

1affirmative or deliberate act or omission to end life other
2than to permit the natural process of dying as provided in this
3Act.
4    (g) An instrument executed before the effective date of
5this Act that substantially complies with subsection (e) of
6Section 3 shall be given effect pursuant to the provisions of
7this Act.
8    (h) A declaration executed in another state in compliance
9with the law of that state or this State is validly executed
10for purposes of this Act, and such declaration shall be
11applied in accordance with the provisions of this Act.
12    (i) Documents, writings, forms, and copies referred to in
13this Act may be in hard copy or electronic format. Nothing in
14this Act is intended to prevent the population of a
15declaration, document, writing, or form with electronic data.
16Electronic documents under this Act may be created, signed, or
17revoked electronically using a generic, technology-neutral
18system in which each user is assigned a unique identifier that
19is securely maintained and in a manner that meets the
20regulatory requirements for a digital or electronic signature.
21Compliance with the standards defined in the Uniform
22Electronic Transactions Electronic Commerce Security Act or
23the implementing rules of the Hospital Licensing Act for
24medical record entry authentication for author validation of
25the documentation, content accuracy, and completeness meets
26this standard.

 

 

HB3205 Engrossed- 86 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 87 -LRB102 10919 JLS 16250 b

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

 

 

HB3205 Engrossed- 88 -LRB102 10919 JLS 16250 b

1completeness meets this standard.
2(Source: P.A. 101-163, eff. 1-1-20.)
 
3    (755 ILCS 43/50)
4    Sec. 50. Revocation. A declaration may be revoked in whole
5or in part by written statement at any time by the principal if
6the principal is not incapable, regardless of whether the
7written revocation is in an electronic or hard copy format. A
8written statement of revocation is effective when signed by
9the principal and a physician and the principal delivers the
10revocation to the attending physician. An electronic
11declaration may be revoked electronically using a generic,
12technology-neutral system in which each user is assigned a
13unique identifier that is securely maintained and in a manner
14that meets the regulatory requirements for a digital or
15electronic signature. Compliance with the standards defined in
16the Uniform Electronic Transactions Electronic Commerce
17Security Act or the implementing rules of the Hospital
18Licensing Act for medical record entry authentication for
19author validation of the documentation, content accuracy, and
20completeness meets this standard. The attending physician
21shall note the revocation as part of the principal's medical
22record.
23(Source: P.A. 101-163, eff. 1-1-20.)
 
24    Section 20.85. The Illinois Power of Attorney Act is

 

 

HB3205 Engrossed- 89 -LRB102 10919 JLS 16250 b

1amended by changing Sections 4-6 and 4-10 as follows:
 
2    (755 ILCS 45/4-6)  (from Ch. 110 1/2, par. 804-6)
3    Sec. 4-6. Revocation and amendment of health care
4agencies.
5    (a) Every health care agency may be revoked by the
6principal at any time, without regard to the principal's
7mental or physical condition, by any of the following methods:
8        1. By being obliterated, burnt, torn or otherwise
9    destroyed or defaced in a manner indicating intention to
10    revoke;
11        2. By a written revocation of the agency signed and
12    dated by the principal or person acting at the direction
13    of the principal, regardless of whether the written
14    revocation is in an electronic or hard copy format;
15        3. By an oral or any other expression of the intent to
16    revoke the agency in the presence of a witness 18 years of
17    age or older who signs and dates a writing confirming that
18    such expression of intent was made; or
19        4. For an electronic health care agency, by deleting
20    in a manner indicating the intention to revoke. An
21    electronic health care agency may be revoked
22    electronically using a generic, technology-neutral system
23    in which each user is assigned a unique identifier that is
24    securely maintained and in a manner that meets the
25    regulatory requirements for a digital or electronic

 

 

HB3205 Engrossed- 90 -LRB102 10919 JLS 16250 b

1    signature. Compliance with the standards defined in the
2    Uniform Electronic Transactions Electronic Commerce
3    Security Act or the implementing rules of the Hospital
4    Licensing Act for medical record entry authentication for
5    author validation of the documentation, content accuracy,
6    and completeness meets this standard.
7    (b) Every health care agency may be amended at any time by
8a written amendment signed and dated by the principal or
9person acting at the direction of the principal.
10    (c) Any person, other than the agent, to whom a revocation
11or amendment is communicated or delivered shall make all
12reasonable efforts to inform the agent of that fact as
13promptly as possible.
14(Source: P.A. 101-163, eff. 1-1-20.)
 
15    (755 ILCS 45/4-10)  (from Ch. 110 1/2, par. 804-10)
16    Sec. 4-10. Statutory short form power of attorney for
17health care.
18    (a) The form prescribed in this Section (sometimes also
19referred to in this Act as the "statutory health care power")
20may be used to grant an agent powers with respect to the
21principal's own health care; but the statutory health care
22power is not intended to be exclusive nor to cover delegation
23of a parent's power to control the health care of a minor
24child, and no provision of this Article shall be construed to
25invalidate or bar use by the principal of any other or

 

 

HB3205 Engrossed- 91 -LRB102 10919 JLS 16250 b

1different form of power of attorney for health care.
2Nonstatutory health care powers must be executed by the
3principal, designate the agent and the agent's powers, and
4comply with the limitations in Section 4-5 of this Article,
5but they need not be witnessed or conform in any other respect
6to the statutory health care power.
7    No specific format is required for the statutory health
8care power of attorney other than the notice must precede the
9form. The statutory health care power may be included in or
10combined with any other form of power of attorney governing
11property or other matters.
12    The signature and execution requirements set forth in this
13Article are satisfied by: (i) written signatures or initials;
14or (ii) electronic signatures or computer-generated signature
15codes. Electronic documents under this Act may be created,
16signed, or revoked electronically using a generic,
17technology-neutral system in which each user is assigned a
18unique identifier that is securely maintained and in a manner
19that meets the regulatory requirements for a digital or
20electronic signature. Compliance with the standards defined in
21the Uniform Electronic Transactions Electronic Commerce
22Security Act or the implementing rules of the Hospital
23Licensing Act for medical record entry authentication for
24author validation of the documentation, content accuracy, and
25completeness meets this standard.
26    (b) The Illinois Statutory Short Form Power of Attorney

 

 

HB3205 Engrossed- 92 -LRB102 10919 JLS 16250 b

1for Health Care shall be substantially as follows:
 
2
NOTICE TO THE INDIVIDUAL SIGNING
3
THE POWER OF ATTORNEY FOR HEALTH CARE
4    No one can predict when a serious illness or accident
5might occur. When it does, you may need someone else to speak
6or make health care decisions for you. If you plan now, you can
7increase the chances that the medical treatment you get will
8be the treatment you want.
9    In Illinois, you can choose someone to be your "health
10care agent". Your agent is the person you trust to make health
11care decisions for you if you are unable or do not want to make
12them yourself. These decisions should be based on your
13personal values and wishes.
14    It is important to put your choice of agent in writing. The
15written form is often called an "advance directive". You may
16use this form or another form, as long as it meets the legal
17requirements of Illinois. There are many written and on-line
18resources to guide you and your loved ones in having a
19conversation about these issues. You may find it helpful to
20look at these resources while thinking about and discussing
21your advance directive.
 
22
WHAT ARE THE THINGS I WANT MY
23
HEALTH CARE AGENT TO KNOW?
24    The selection of your agent should be considered

 

 

HB3205 Engrossed- 93 -LRB102 10919 JLS 16250 b

1carefully, as your agent will have the ultimate
2decision-making authority once this document goes into effect,
3in most instances after you are no longer able to make your own
4decisions. While the goal is for your agent to make decisions
5in keeping with your preferences and in the majority of
6circumstances that is what happens, please know that the law
7does allow your agent to make decisions to direct or refuse
8health care interventions or withdraw treatment. Your agent
9will need to think about conversations you have had, your
10personality, and how you handled important health care issues
11in the past. Therefore, it is important to talk with your agent
12and your family about such things as:
13        (i) What is most important to you in your life?
14        (ii) How important is it to you to avoid pain and
15    suffering?
16        (iii) If you had to choose, is it more important to you
17    to live as long as possible, or to avoid prolonged
18    suffering or disability?
19        (iv) Would you rather be at home or in a hospital for
20    the last days or weeks of your life?
21        (v) Do you have religious, spiritual, or cultural
22    beliefs that you want your agent and others to consider?
23        (vi) Do you wish to make a significant contribution to
24    medical science after your death through organ or whole
25    body donation?
26        (vii) Do you have an existing advance directive, such

 

 

HB3205 Engrossed- 94 -LRB102 10919 JLS 16250 b

1    as a living will, that contains your specific wishes about
2    health care that is only delaying your death? If you have
3    another advance directive, make sure to discuss with your
4    agent the directive and the treatment decisions contained
5    within that outline your preferences. Make sure that your
6    agent agrees to honor the wishes expressed in your advance
7    directive.
 
8
WHAT KIND OF DECISIONS CAN MY AGENT MAKE?
9    If there is ever a period of time when your physician
10determines that you cannot make your own health care
11decisions, or if you do not want to make your own decisions,
12some of the decisions your agent could make are to:
13        (i) talk with physicians and other health care
14    providers about your condition.
15        (ii) see medical records and approve who else can see
16    them.
17        (iii) give permission for medical tests, medicines,
18    surgery, or other treatments.
19        (iv) choose where you receive care and which
20    physicians and others provide it.
21        (v) decide to accept, withdraw, or decline treatments
22    designed to keep you alive if you are near death or not
23    likely to recover. You may choose to include guidelines
24    and/or restrictions to your agent's authority.
25        (vi) agree or decline to donate your organs or your

 

 

HB3205 Engrossed- 95 -LRB102 10919 JLS 16250 b

1    whole body if you have not already made this decision
2    yourself. This could include donation for transplant,
3    research, and/or education. You should let your agent know
4    whether you are registered as a donor in the First Person
5    Consent registry maintained by the Illinois Secretary of
6    State or whether you have agreed to donate your whole body
7    for medical research and/or education.
8        (vii) decide what to do with your remains after you
9    have died, if you have not already made plans.
10        (viii) talk with your other loved ones to help come to
11    a decision (but your designated agent will have the final
12    say over your other loved ones).
13    Your agent is not automatically responsible for your
14health care expenses.
 
15
WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT?
16    You can pick a family member, but you do not have to. Your
17agent will have the responsibility to make medical treatment
18decisions, even if other people close to you might urge a
19different decision. The selection of your agent should be done
20carefully, as he or she will have ultimate decision-making
21authority for your treatment decisions once you are no longer
22able to voice your preferences. Choose a family member,
23friend, or other person who:
24        (i) is at least 18 years old;
25        (ii) knows you well;

 

 

HB3205 Engrossed- 96 -LRB102 10919 JLS 16250 b

1        (iii) you trust to do what is best for you and is
2    willing to carry out your wishes, even if he or she may not
3    agree with your wishes;
4        (iv) would be comfortable talking with and questioning
5    your physicians and other health care providers;
6        (v) would not be too upset to carry out your wishes if
7    you became very sick; and
8        (vi) can be there for you when you need it and is
9    willing to accept this important role.
 
10
WHAT IF MY AGENT IS NOT AVAILABLE OR IS
11
UNWILLING TO MAKE DECISIONS FOR ME?
12    If the person who is your first choice is unable to carry
13out this role, then the second agent you chose will make the
14decisions; if your second agent is not available, then the
15third agent you chose will make the decisions. The second and
16third agents are called your successor agents and they
17function as back-up agents to your first choice agent and may
18act only one at a time and in the order you list them.
 
19
WHAT WILL HAPPEN IF I DO NOT
20
CHOOSE A HEALTH CARE AGENT?
21    If you become unable to make your own health care
22decisions and have not named an agent in writing, your
23physician and other health care providers will ask a family
24member, friend, or guardian to make decisions for you. In

 

 

HB3205 Engrossed- 97 -LRB102 10919 JLS 16250 b

1Illinois, a law directs which of these individuals will be
2consulted. In that law, each of these individuals is called a
3"surrogate".
4    There are reasons why you may want to name an agent rather
5than rely on a surrogate:
6        (i) The person or people listed by this law may not be
7    who you would want to make decisions for you.
8        (ii) Some family members or friends might not be able
9    or willing to make decisions as you would want them to.
10        (iii) Family members and friends may disagree with one
11    another about the best decisions.
12        (iv) Under some circumstances, a surrogate may not be
13    able to make the same kinds of decisions that an agent can
14    make.
 
15
WHAT IF THERE IS NO ONE AVAILABLE
16
WHOM I TRUST TO BE MY AGENT?
17    In this situation, it is especially important to talk to
18your physician and other health care providers and create
19written guidance about what you want or do not want, in case
20you are ever critically ill and cannot express your own
21wishes. You can complete a living will. You can also write your
22wishes down and/or discuss them with your physician or other
23health care provider and ask him or her to write it down in
24your chart. You might also want to use written or on-line
25resources to guide you through this process.
 

 

 

HB3205 Engrossed- 98 -LRB102 10919 JLS 16250 b

1
WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT?
2    Follow these instructions after you have completed the
3form:
4        (i) Sign the form in front of a witness. See the form
5    for a list of who can and cannot witness it.
6        (ii) Ask the witness to sign it, too.
7        (iii) There is no need to have the form notarized.
8        (iv) Give a copy to your agent and to each of your
9    successor agents.
10        (v) Give another copy to your physician.
11        (vi) Take a copy with you when you go to the hospital.
12        (vii) Show it to your family and friends and others
13    who care for you.
 
14
WHAT IF I CHANGE MY MIND?
15    You may change your mind at any time. If you do, tell
16someone who is at least 18 years old that you have changed your
17mind, and/or destroy your document and any copies. If you
18wish, fill out a new form and make sure everyone you gave the
19old form to has a copy of the new one, including, but not
20limited to, your agents and your physicians.
 
21
WHAT IF I DO NOT WANT TO USE THIS FORM?
22    In the event you do not want to use the Illinois statutory
23form provided here, any document you complete must be executed

 

 

HB3205 Engrossed- 99 -LRB102 10919 JLS 16250 b

1by you, designate an agent who is over 18 years of age and not
2prohibited from serving as your agent, and state the agent's
3powers, but it need not be witnessed or conform in any other
4respect to the statutory health care power.
5    If you have questions about the use of any form, you may
6want to consult your physician, other health care provider,
7and/or an attorney.
 
8
MY POWER OF ATTORNEY FOR HEALTH CARE

 
9THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY
10FOR HEALTH CARE. (You must sign this form and a witness must
11also sign it before it is valid)
 
12My name (Print your full name):..........
13My address:..................................................
 
14I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT
15(an agent is your personal representative under state and
16federal law):
17(Agent name).................
18(Agent address).............
19(Agent phone number).........................................
 
20(Please check box if applicable) .... If a guardian of my
21person is to be appointed, I nominate the agent acting under

 

 

HB3205 Engrossed- 100 -LRB102 10919 JLS 16250 b

1this power of attorney as guardian.
 
2SUCCESSOR HEALTH CARE AGENT(S) (optional):
3    If the agent I selected is unable or does not want to make
4health care decisions for me, then I request the person(s) I
5name below to be my successor health care agent(s). Only one
6person at a time can serve as my agent (add another page if you
7want to add more successor agent names):
8.....................
9(Successor agent #1 name, address and phone number)
10..........
11(Successor agent #2 name, address and phone number)
 
12MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING:
13        (i) Deciding to accept, withdraw or decline treatment
14    for any physical or mental condition of mine, including
15    life-and-death decisions.
16        (ii) Agreeing to admit me to or discharge me from any
17    hospital, home, or other institution, including a mental
18    health facility.
19        (iii) Having complete access to my medical and mental
20    health records, and sharing them with others as needed,
21    including after I die.
22        (iv) Carrying out the plans I have already made, or,
23    if I have not done so, making decisions about my body or
24    remains, including organ, tissue or whole body donation,

 

 

HB3205 Engrossed- 101 -LRB102 10919 JLS 16250 b

1    autopsy, cremation, and burial.
2    The above grant of power is intended to be as broad as
3possible so that my agent will have the authority to make any
4decision I could make to obtain or terminate any type of health
5care, including withdrawal of nutrition and hydration and
6other life-sustaining measures.
 
7I AUTHORIZE MY AGENT TO (please check any one box):
8    .... Make decisions for me only when I cannot make them for
9    myself. The physician(s) taking care of me will determine
10    when I lack this ability.
11        (If no box is checked, then the box above shall be
12    implemented.) OR
13    .... Make decisions for me only when I cannot make them for
14    myself. The physician(s) taking care of me will determine
15    when I lack this ability. Starting now, for the purpose of
16    assisting me with my health care plans and decisions, my
17    agent shall have complete access to my medical and mental
18    health records, the authority to share them with others as
19    needed, and the complete ability to communicate with my
20    personal physician(s) and other health care providers,
21    including the ability to require an opinion of my
22    physician as to whether I lack the ability to make
23    decisions for myself. OR
24    .... Make decisions for me starting now and continuing
25    after I am no longer able to make them for myself. While I

 

 

HB3205 Engrossed- 102 -LRB102 10919 JLS 16250 b

1    am still able to make my own decisions, I can still do so
2    if I want to.
 
3    The subject of life-sustaining treatment is of particular
4importance. Life-sustaining treatments may include tube
5feedings or fluids through a tube, breathing machines, and
6CPR. In general, in making decisions concerning
7life-sustaining treatment, your agent is instructed to
8consider the relief of suffering, the quality as well as the
9possible extension of your life, and your previously expressed
10wishes. Your agent will weigh the burdens versus benefits of
11proposed treatments in making decisions on your behalf.
12    Additional statements concerning the withholding or
13removal of life-sustaining treatment are described below.
14These can serve as a guide for your agent when making decisions
15for you. Ask your physician or health care provider if you have
16any questions about these statements.
 
17SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR
18WISHES (optional):
19    .... The quality of my life is more important than the
20    length of my life. If I am unconscious and my attending
21    physician believes, in accordance with reasonable medical
22    standards, that I will not wake up or recover my ability to
23    think, communicate with my family and friends, and
24    experience my surroundings, I do not want treatments to

 

 

HB3205 Engrossed- 103 -LRB102 10919 JLS 16250 b

1    prolong my life or delay my death, but I do want treatment
2    or care to make me comfortable and to relieve me of pain.
3    .... Staying alive is more important to me, no matter how
4    sick I am, how much I am suffering, the cost of the
5    procedures, or how unlikely my chances for recovery are. I
6    want my life to be prolonged to the greatest extent
7    possible in accordance with reasonable medical standards.
 
8SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY:
9    The above grant of power is intended to be as broad as
10possible so that your agent will have the authority to make any
11decision you could make to obtain or terminate any type of
12health care. If you wish to limit the scope of your agent's
13powers or prescribe special rules or limit the power to
14authorize autopsy or dispose of remains, you may do so
15specifically in this form.
16..................................
17..............................
 
18My signature:..................
19Today's date:................................................
 
20HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN
21COMPLETE THE SIGNATURE PORTION:
22    I am at least 18 years old. (check one of the options
23below):

 

 

HB3205 Engrossed- 104 -LRB102 10919 JLS 16250 b

1    .... I saw the principal sign this document, or
2    .... the principal told me that the signature or mark on
3    the principal signature line is his or hers.
4    I am not the agent or successor agent(s) named in this
5document. I am not related to the principal, the agent, or the
6successor agent(s) by blood, marriage, or adoption. I am not
7the principal's physician, advanced practice registered nurse,
8dentist, podiatric physician, optometrist, psychologist, or a
9relative of one of those individuals. I am not an owner or
10operator (or the relative of an owner or operator) of the
11health care facility where the principal is a patient or
12resident.
13Witness printed name:............
14Witness address:..............
15Witness signature:...............
16Today's date:................................................
 
17    (c) The statutory short form power of attorney for health
18care (the "statutory health care power") authorizes the agent
19to make any and all health care decisions on behalf of the
20principal which the principal could make if present and under
21no disability, subject to any limitations on the granted
22powers that appear on the face of the form, to be exercised in
23such manner as the agent deems consistent with the intent and
24desires of the principal. The agent will be under no duty to
25exercise granted powers or to assume control of or

 

 

HB3205 Engrossed- 105 -LRB102 10919 JLS 16250 b

1responsibility for the principal's health care; but when
2granted powers are exercised, the agent will be required to
3use due care to act for the benefit of the principal in
4accordance with the terms of the statutory health care power
5and will be liable for negligent exercise. The agent may act in
6person or through others reasonably employed by the agent for
7that purpose but may not delegate authority to make health
8care decisions. The agent may sign and deliver all
9instruments, negotiate and enter into all agreements and do
10all other acts reasonably necessary to implement the exercise
11of the powers granted to the agent. Without limiting the
12generality of the foregoing, the statutory health care power
13shall include the following powers, subject to any limitations
14appearing on the face of the form:
15        (1) The agent is authorized to give consent to and
16    authorize or refuse, or to withhold or withdraw consent
17    to, any and all types of medical care, treatment or
18    procedures relating to the physical or mental health of
19    the principal, including any medication program, surgical
20    procedures, life-sustaining treatment or provision of food
21    and fluids for the principal.
22        (2) The agent is authorized to admit the principal to
23    or discharge the principal from any and all types of
24    hospitals, institutions, homes, residential or nursing
25    facilities, treatment centers and other health care
26    institutions providing personal care or treatment for any

 

 

HB3205 Engrossed- 106 -LRB102 10919 JLS 16250 b

1    type of physical or mental condition. The agent shall have
2    the same right to visit the principal in the hospital or
3    other institution as is granted to a spouse or adult child
4    of the principal, any rule of the institution to the
5    contrary notwithstanding.
6        (3) The agent is authorized to contract for any and
7    all types of health care services and facilities in the
8    name of and on behalf of the principal and to bind the
9    principal to pay for all such services and facilities, and
10    to have and exercise those powers over the principal's
11    property as are authorized under the statutory property
12    power, to the extent the agent deems necessary to pay
13    health care costs; and the agent shall not be personally
14    liable for any services or care contracted for on behalf
15    of the principal.
16        (4) At the principal's expense and subject to
17    reasonable rules of the health care provider to prevent
18    disruption of the principal's health care, the agent shall
19    have the same right the principal has to examine and copy
20    and consent to disclosure of all the principal's medical
21    records that the agent deems relevant to the exercise of
22    the agent's powers, whether the records relate to mental
23    health or any other medical condition and whether they are
24    in the possession of or maintained by any physician,
25    psychiatrist, psychologist, therapist, hospital, nursing
26    home or other health care provider. The authority under

 

 

HB3205 Engrossed- 107 -LRB102 10919 JLS 16250 b

1    this paragraph (4) applies to any information governed by
2    the Health Insurance Portability and Accountability Act of
3    1996 ("HIPAA") and regulations thereunder. The agent
4    serves as the principal's personal representative, as that
5    term is defined under HIPAA and regulations thereunder.
6        (5) The agent is authorized: to direct that an autopsy
7    be made pursuant to Section 2 of the Autopsy Act; to make a
8    disposition of any part or all of the principal's body
9    pursuant to the Illinois Anatomical Gift Act, as now or
10    hereafter amended; and to direct the disposition of the
11    principal's remains.
12        (6) At any time during which there is no executor or
13    administrator appointed for the principal's estate, the
14    agent is authorized to continue to pursue an application
15    or appeal for government benefits if those benefits were
16    applied for during the life of the principal.
17    (d) A physician may determine that the principal is unable
18to make health care decisions for himself or herself only if
19the principal lacks decisional capacity, as that term is
20defined in Section 10 of the Health Care Surrogate Act.
21    (e) If the principal names the agent as a guardian on the
22statutory short form, and if a court decides that the
23appointment of a guardian will serve the principal's best
24interests and welfare, the court shall appoint the agent to
25serve without bond or security.
26(Source: P.A. 100-513, eff. 1-1-18; 101-81, eff. 7-12-19;

 

 

HB3205 Engrossed- 108 -LRB102 10919 JLS 16250 b

1101-163, eff. 1-1-20.)
 
2    Section 20.86. The Limited Liability Company Act is
3amended by changing Section 1-6 as follows:
 
4    (805 ILCS 180/1-6)
5    Sec. 1-6. Electronic records. Any requirement in this Act
6that there be a writing or that any document, instrument, or
7agreement be written or in ink is subject to the provisions of
8the Uniform Electronic Transactions Electronic Commerce
9Security Act.
10(Source: P.A. 99-637, eff. 7-1-17.)
 
11    (5 ILCS 175/Act rep.)
12    Section 20.87. The Electronic Commerce Security Act is
13repealed.
 
14    (15 ILCS 405/14.01 rep.)
15    Section 20.88. The State Comptroller Act is amended by
16repealing Section 14.01.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.