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