Bill Status of HB 4648   99th General Assembly

Short Description:  FIDUCIARY ACCESS-DIGITAL ASSET

House Sponsors
Rep. Emanuel Chris Welch-Elaine Nekritz-Ron Sandack-André Thapedi-Peter Breen, Michael J. Zalewski, Tom Demmer, Al Riley, Robyn Gabel and Joe Sosnowski

Senate Sponsors
(Sen. Michael Connelly, Jason A. Barickman, Chuck Weaver, Michael E. Hastings, Napoleon Harris, III and Kyle McCarter)


Last Action  View All Actions

DateChamber Action
  8/12/2016HousePublic Act . . . . . . . . . 99-0775

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

Synopsis As Introduced
Creates the Revised Uniform Fiduciary Access to Digital Assets Act (2015). Defines terms. Provides procedures and requirements for the access and control by guardians, executors, agents, and other fiduciaries of the digital assets of persons who are deceased, under a legal disability, or subject to the terms of a trust. Adds provisions concerning: applicability; user direction for disclosure of digital assets; terms-of-service agreements; fiduciary duty and authority; custodian compliance and immunity; the Act's relation to federal laws governing electronic signatures; and severability. Makes corresponding changes in the Criminal Code of 2012.

House Committee Amendment No. 1
Adds references to designated recipients in provisions governing user direction for disclosure of digital assets; terms of service agreements; and fiduciary duty and authority. Makes a corresponding change. Updates a cross-reference in a Section concerning custodian compliance and immunity.

House Floor Amendment No. 2
Changes the definition of "online tool". Makes changes in provisions concerning: disclosure of content of electronic communications of a deceased user; disclosure of content of electronic communications of a person with a disability; fiduciary power and authority; and custodian compliance and authority. Adds an immediate effective date.

Senate Floor Amendment No. 1
In provisions concerning the disclosure of certain electronic communications of a deceased user, permits a custodian to request, among other things, a finding by the court that the user had a specific account with the custodian, identifiable by specified information.

Actions 
DateChamber Action
  2/2/2016HouseFiled with the Clerk by Rep. Emanuel Chris Welch
  2/5/2016HouseFirst Reading
  2/5/2016HouseReferred to Rules Committee
  2/11/2016HouseAdded Chief Co-Sponsor Rep. Robyn Gabel
  2/17/2016HouseAdded Chief Co-Sponsor Rep. Joe Sosnowski
  3/8/2016HouseAdded Co-Sponsor Rep. Michael J. Zalewski
  3/17/2016HouseAdded Co-Sponsor Rep. Tom Demmer
  3/18/2016HouseAdded Co-Sponsor Rep. Al Riley
  3/23/2016HouseAssigned to Judiciary - Civil Committee
  3/23/2016HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Emanuel Chris Welch
  3/23/2016HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  4/4/2016HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  4/4/2016HouseAdded Co-Sponsor Rep. Peter Breen
  4/5/2016HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice Vote
  4/5/2016HouseDo Pass as Amended / Short Debate Judiciary - Civil Committee; 011-000-000
  4/5/2016HousePlaced on Calendar 2nd Reading - Short Debate
  4/14/2016HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Emanuel Chris Welch
  4/14/2016HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/15/2016HouseSecond Reading - Short Debate
  4/15/2016HouseHeld on Calendar Order of Second Reading - Short Debate
  4/18/2016HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Civil Committee
  4/21/2016HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee; 009-000-000
  4/21/2016HouseHouse Floor Amendment No. 2 Adopted
  4/21/2016HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/21/2016HouseRemove Chief Co-Sponsor Rep. Robyn Gabel
  4/21/2016HouseRemove Chief Co-Sponsor Rep. Joe Sosnowski
  4/21/2016HouseAdded Chief Co-Sponsor Rep. Elaine Nekritz
  4/21/2016HouseAdded Chief Co-Sponsor Rep. Ron Sandack
  4/21/2016HouseAdded Chief Co-Sponsor Rep. André Thapedi
  4/21/2016HouseAdded Chief Co-Sponsor Rep. Peter Breen
  4/21/2016HouseRemoved Co-Sponsor Rep. Peter Breen
  4/21/2016HouseAdded Co-Sponsor Rep. Robyn Gabel
  4/21/2016HouseAdded Co-Sponsor Rep. Joe Sosnowski
  4/22/2016HouseThird Reading - Short Debate - Passed 104-001-000
  4/25/2016SenateArrive in Senate
  4/25/2016SenatePlaced on Calendar Order of First Reading
  4/25/2016SenateChief Senate Sponsor Sen. Michael Connelly
  4/25/2016SenateFirst Reading
  4/25/2016SenateReferred to Assignments
  5/3/2016SenateAssigned to Judiciary
  5/4/2016SenateAdded as Alternate Co-Sponsor Sen. Jason A. Barickman
  5/4/2016SenateAdded as Alternate Co-Sponsor Sen. Chuck Weaver
  5/5/2016SenateAdded as Alternate Co-Sponsor Sen. Michael E. Hastings
  5/11/2016SenateDo Pass Judiciary; 007-000-000
  5/11/2016SenatePlaced on Calendar Order of 2nd Reading May 12, 2016
  5/16/2016SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Michael Connelly
  5/16/2016SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/17/2016SenateSecond Reading
  5/17/2016SenatePlaced on Calendar Order of 3rd Reading May 18, 2016
  5/17/2016SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  5/18/2016SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 011-000-000
  5/24/2016SenateRecalled to Second Reading
  5/24/2016SenateSenate Floor Amendment No. 1 Adopted; Connelly
  5/24/2016SenatePlaced on Calendar Order of 3rd Reading
  5/24/2016SenateAdded as Alternate Co-Sponsor Sen. Napoleon Harris, III
  5/24/2016SenateAdded as Alternate Co-Sponsor Sen. Kyle McCarter
  5/24/2016SenateThird Reading - Passed; 053-000-000
  5/24/2016HouseArrived in House
  5/24/2016HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/25/2016HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Emanuel Chris Welch
  5/25/2016HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/25/2016HouseSenate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 003-001-000
  5/29/2016HouseSenate Floor Amendment No. 1 House Concurs 112-000-000
  5/29/2016HouseHouse Concurs
  5/29/2016HousePassed Both Houses
  6/27/2016HouseSent to the Governor
  8/12/2016HouseGovernor Approved
  8/12/2016HouseEffective Date August 12, 2016
  8/12/2016HousePublic Act . . . . . . . . . 99-0775

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