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90_SB1674enr New Act Creates the Year 2000 Technology Task Force Act and creates the Year 2000 Technology Task Force. Effective immediately. LRB9011420DJcd SB1674 Enrolled LRB9011420DJcd 1 AN ACT concerning governmental functions. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Year 2000 Technology Task Force Act. 6 Section 5. Legislative declaration. Because January 1, 7 2000 marks the beginning of a new millennium, it presents new 8 challenges for information data technology. The technique of 9 storing date information by using 2 digits to represent the 10 year was designed as an economic savings tool when computers 11 were initially put into use. Systems developed with this 12 approach have remained in use, resulting in the fact that the 13 majority of computer programs will not be able to recognize 14 the year 2000. In an effort to ease the transition to the new 15 millennium it is necessary to provide the State and local 16 governments with the tools necessary to explore the impact of 17 that transition. It is imperative to provide an efficient 18 and accurate response now to prepare for the challenges 19 presented by the year 2000 with regard to information 20 technology systems and date storage. 21 Section 10. Definition. In this Act "Year 2000 22 compliant" means, with respect to information technology, 23 that the information technology accurately processes 24 date/time data (including, but not limited to, calculating, 25 comparing, and sequencing) from, into, and between the 26 twentieth and twenty-first centuries, and the years 1999 and 27 2000 and leap year calculations, to the extent that other 28 information technology, used in combination with the 29 information technology being acquired, properly exchanges 30 date/time data with it. SB1674 Enrolled -2- LRB9011420DJcd 1 Section 15. Task Force created; members. 2 (a) The Year 2000 Technology Task Force is created. 3 (b) The Task Force shall be composed of the following 4 members: 5 (1) The Governor or his or her designee. 6 (2) The Attorney General or his or her designee. 7 (3) The Secretary of State or his or her designee. 8 (4) The Comptroller or his or her designee. 9 (5) The Treasurer or his or her designee. 10 (6) The Chief Justice of the Supreme Court or his 11 or her designee. 12 (7) The Director of Central Management Services. 13 (8) The Director of Revenue. 14 (9) The Secretary of Human Services. 15 (10) The Director of Public Aid. 16 (11) The Director of Children and Family Services. 17 (12) The Director of Employment Security. 18 (13) The Auditor General. 19 (14) The State Superintendent of Schools. 20 (15) Two members appointed by the Governor with the 21 advice and consent of the Senate. One member shall 22 represent the interests of municipalities in the State, 23 and the other member shall represent the interests of 24 counties and townships in the State. If the Senate is 25 not in session or is in recess when an appointment 26 subject to its confirmation under this paragraph is made, 27 the Governor shall make a temporary appointment. That 28 temporary appointment is subject to subsequent Senate 29 confirmation as provided in this paragraph. 30 (16) Four members of the General Assembly, 31 appointed one each by the President of the Senate, the 32 Minority Leader of the Senate, the Speaker of the House 33 of Representatives, and the Minority Leader of the House 34 of Representatives. SB1674 Enrolled -3- LRB9011420DJcd 1 (c) Task Force members shall serve without compensation. 2 Section 20. Task Force organization; meetings; staff. 3 (a) The Director of Central Management Services shall 4 serve as chairperson of the Task Force. 5 (b) The chairperson shall give notice of an initial 6 meeting of the Task Force within 30 days after the effective 7 date of this Act. 8 (c) The offices of the State officers designated in 9 paragraphs (1) through (14) of subsection (b) of Section 15 10 shall perform the staff work necessary to enable the Task 11 Force to perform its functions. 12 Section 25. Task Force functions. The Task Force shall 13 do the following: 14 (1) Assess the current status of Year 2000 15 compliance on the part of (i) each department of State 16 government created under the Civil Administrative Code of 17 Illinois, (ii) the General Assembly, (iii) the State 18 judiciary, and (iv) units of local government in the 19 State. 20 (2) Analyze and prioritize the corrective measures 21 that must be taken by the entities designated in 22 paragraph (1) in order to become Year 2000 compliant. 23 (3) Prepare an estimated timetable for completing 24 those corrective measures in a manner that will ensure 25 Year 2000 compliance by those entities. 26 (4) Estimate the fiscal impact of those corrective 27 measures. 28 (5) Conduct additional inquiries or studies as it 29 deems appropriate. 30 Section 30. Reports and recommendations. 31 (a) On or before November 30, 1998 the Task Force shall SB1674 Enrolled -4- LRB9011420DJcd 1 submit a preliminary report to the Governor and the General 2 Assembly. The preliminary report shall include the Task 3 Force's findings and, if the Task Force determines that 4 legislation is necessary in order to ensure Year 2000 5 compliance by the entities designated in Section 25, its 6 recommendations for legislation. 7 (b) The Task Force may submit additional findings and 8 recommendations at any time. 9 Section 90. The Legislative Information System Act is 10 amended by adding Section 5.09 and changing Sections 5 and 6 11 as follows: 12 (25 ILCS 145/5) (from Ch. 63, par. 42.15) 13 Sec. 5. The System has the duties enumerated in the 14 following Sections preceding Section 65.01 through 5.07. 15 (Source: P.A. 80-683.) 16 (25 ILCS 145/5.09 new) 17 Sec. 5.09. Public computer access; legislative 18 information. To make available to the public all of the 19 following information in electronic form: 20 (1) On or before July 1, 1999, the weekly schedule 21 of legislative floor sessions for each of the 2 houses of 22 the General Assembly together with a list of matters 23 pending before them and the weekly schedule of 24 legislative committee hearings together with matters 25 scheduled for their consideration. 26 (2) On or before July 1, 1999, a list of the 27 committees of the General Assembly and their members. 28 (3) On or before July 1, 1999, the text of each 29 bill and resolution introduced and of each engrossed, 30 enrolled, and re-enrolled bill and resolution and the 31 text of each adopted amendment and conference committee SB1674 Enrolled -5- LRB9011420DJcd 1 report. 2 (4) On or before July 1, 1999, a synopsis of items 3 specified in paragraph (3) of this Section, together with 4 a summary of legislative and gubernatorial actions 5 regarding each bill and resolution introduced. 6 (5) On or before July 1, 1999, the Rules of the 7 House and the Senate of the General Assembly. 8 (6) Before the conclusion of the Ninety-second 9 General Assembly, the text of Public Acts. 10 (7) Before the conclusion of the Ninety-second 11 General Assembly, the Illinois Compiled Statutes. 12 (8) Before the conclusion of the Ninety-second 13 General Assembly, the Constitution of the United States 14 and the Constitution of the State of Illinois. 15 (9) Before the conclusion of the Ninety-second 16 General Assembly, the text of the Illinois Administrative 17 Code. 18 (10) Before the conclusion of the Ninety-second 19 General Assembly, the most current issue of the Illinois 20 Register published on or after the effective date of this 21 amendatory Act of 1998. 22 (11) Any other information that the Joint Committee 23 on Legislative Support Services elects to make available. 24 The information shall be made available to the public 25 through the World Wide Web. The information may also be 26 made available by any other means of access that would 27 facilitate public access to the information. 28 Any documentation that describes the electronic digital 29 formats of the information shall be made available through 30 the World Wide Web. 31 Personal information concerning a person who accesses 32 this public information may be maintained only for the 33 purpose of providing service to the person. 34 No fee or other charge may be imposed by the Legislative SB1674 Enrolled -6- LRB9011420DJcd 1 Information System as a condition of accessing the 2 information, except that a reasonable fee may be charged for 3 any customized services and shall be deposited into the 4 General Assembly Computer Equipment Revolving Fund. 5 The electronic public access provided through the World 6 Wide Web shall be in addition to any other electronic or 7 print distribution of the information. 8 No action taken under this Section shall be deemed to 9 alter or relinquish any copyright or other proprietary 10 interest or entitlement of the State of Illinois relating to 11 any of the information made available under this Section. 12 The information shall be made available as provided in 13 this Section in the shortest practicable time after it is 14 publicly available in any other form; provided that the 15 System may make information available under this Section only 16 if the availability in no way reduces the quality and 17 timeliness of service available to and required under this 18 Act for legislative users and does not unduly burden the 19 General Assembly or its support services agencies. Failure 20 to provide information under this Section does not affect the 21 validity of any action of the General Assembly. The General 22 Assembly and the State of Illinois are not liable for the 23 accuracy, availability, or use of the information provided 24 under this Section. 25 (25 ILCS 145/6) (from Ch. 63, par. 42.16) 26 Sec. 6. Computer systems; private use; charges. In 27 addition to the information made available by the Legislative 28 Information System under Section 5.09, the System may make 29 the computer systems under its jurisdiction available for use 30 by private persons or governmental entities or agencies, 31 other than those legislative users specified in Section 5.06, 32 if: 33 (a) such availability in no way reduces the quality of SB1674 Enrolled -7- LRB9011420DJcd 1 service available to and required under this Act for 2 legislative users; 3 (b) the System, by resolution adopts rules and 4 conditions regarding the offering of such services and 5 specifies the charges to be made therefor. These charges may 6 be based on usage of the services; and 7 (c) the System collects the appropriate charges for the 8 services rendered. Those amounts shall be deposited in the 9 General Assembly Computer Equipment Revolving Fund, a special 10 fund which is hereby created in the State treasury. Monies 11 in the Fund shall be appropriated to the Joint Committee on 12 Legislative Support Services for the purchase of computer 13 equipment for the General Assembly and for related expenses 14 and for other operational purposes of the General Assembly. 15 (Source: P.A. 88-85.) 16 Section 91. The Business Corporation Act of 1983 is 17 amended by changing Section 7.50 as follows: 18 (805 ILCS 5/7.50) (from Ch. 32, par. 7.50) 19 Sec. 7.50. Proxies. 20 (a) A shareholder may appoint a proxy to vote or 21 otherwise act for him or her by delivering a valid 22 appointment form to the person so appointed or to a proxy 23 solicitation firm, proxy support service organization, or 24 like agent duly authorized by the person or persons to 25 receive the transmission. Without limiting the manner in 26 which a shareholder may appoint such a proxy pursuant to this 27 Section 7.50, the following shall constitute valid means by 28 which a shareholder may make such an appointment: 29 (1) A shareholder may sign a proxy appointment 30 form. The shareholder's signature may be affixed by any 31 reasonable means, including, but not limited to, by 32 facsimile signature. SB1674 Enrolled -8- LRB9011420DJcd 1 (2) A shareholder may transmit or authorize the 2 transmission of a telegram, cablegram, or other means of 3 electronic transmission; provided that any such 4 transmission must either set forth or be submitted with 5 information from which it can be determined that the 6 telegram, cablegram, or other electronic transmission was 7 authorized by the shareholder. If it is determined that 8 the telegram, cablegram, or other electronic transmission 9 is valid, the inspectors or, if there are no inspectors, 10 such other persons making that determination shall 11 specify the information upon which they relied. 12 Any copy, facsimile telecommunication, or other reliable 13 reproduction of the writing or transmission may be 14 substituted or used in lieu of the original writing or 15 transmission for any and all purposes for which the original 16 writing or transmission could be used, provided that the 17 copy, facsimile telecommunication, or other reproduction 18 shall be a complete reproduction of the entire original 19 writing or transmission.A shareholder may appoint a proxy to20vote or otherwise act for him or her by signing an21appointment form and delivering it to the person so22appointed.23 (b) No proxy shall be valid after the expiration of 11 24 months from the date thereof unless otherwise provided in the 25 proxy. Every proxy continues in full force and effect until 26 revoked by the person executing it prior to the vote pursuant 27 thereto, except as otherwise provided in this Section. Such 28 revocation may be effected by a writing delivered to the 29 corporation stating that the proxy is revoked or by a 30 subsequent proxy executed by, or by attendance at the meeting 31 and voting in person by, the person executing the proxy. The 32 dates contained on the forms of proxy presumptively determine 33 the order of execution, regardless of the postmark dates on 34 the envelopes in which they are mailed. SB1674 Enrolled -9- LRB9011420DJcd 1 (c) An appointment of a proxy is revocable by the 2 shareholder unless the appointment form conspicuously states 3 that it is irrevocable and the appointment is coupled with an 4 interest in the shares or in the corporation generally. By 5 way of example and without limiting the generality of the 6 foregoing, a proxy is coupled with an interest when the proxy 7 appointed is one of the following: 8 (1) a pledgee; 9 (2) a person who has purchased or has agreed to purchase 10 the shares; 11 (3) a creditor of the corporation who has extended it 12 credit under terms requiring the appointment, if the 13 appointment states the purpose for which it was given, the 14 name of the creditor, and the amount of credit extended; 15 (4) an employee of the corporation whose employment 16 contract requires the appointment, if the appointment states 17 the purpose for which it was given, the name of the employee, 18 and the period of employment; or 19 (5) a party to a voting agreement created under Section 20 7.70. 21 (d) The death or incapacity of the shareholder 22 appointing a proxy does not revoke the proxy's authority 23 unless notice of the death or incapacity is received by the 24 officer or agent who maintains the corporation's share 25 transfer book before the proxy exercises his or her authority 26 under the appointment. 27 (e) An appointment made irrevocable under subsection (c) 28 becomes revocable when the interest in the proxy terminates 29 such as when the pledge is redeemed, the shares are 30 registered in the purchaser's name, the creditor's debt is 31 paid, the employment contract ends, or the voting agreement 32 expires. 33 (f) A transferee for value of shares subject to an 34 irrevocable appointment may revoke the appointment if the SB1674 Enrolled -10- LRB9011420DJcd 1 transferee was ignorant of its existence when the shares were 2 acquired and both the existence of the appointment and its 3 irrevocability were not noted conspicuously on the 4 certificate (or information statement for shares without 5 certificates) representing the shares. 6 (g) Unless the appointment of a proxy contains an 7 express limitation on the proxy's authority, a corporation 8 may accept the proxy's vote or other action as that of the 9 shareholder making the appointment. If the proxy appointed 10 fails to vote or otherwise act in accordance with the 11 appointment, the shareholder is entitled to such legal or 12 equitable relief as is appropriate in the circumstances. 13 (Source: P.A. 83-1025.) 14 Section 92. The Illinois Clinical Laboratory and Blood 15 Bank Act is amended by changing Section 7-101 as follows: 16 (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101) 17 Sec. 7-101. Examination of specimens. A clinical 18 laboratory shall examine specimens only at the request of (i) 19 a licensed physician, (ii) a licensed dentist, (iii) a 20 licensed podiatrist, (iv) a therapeutic optometrist for 21 diagnostic or therapeutic purposes related to the use of 22 diagnostic topical or therapeutic ocular pharmaceutical 23 agents, as defined in subsections (c) and (d) of Section 15.1 24 of the Illinois Optometric Practice Act of 1987, (v) a 25 licensed physician assistant in accordance with the written 26 guidelines required under subdivision (3) of Section 4 and 27 under Section 7.5 of the Physician Assistant Practice Act of 28 1987, or (vi) an authorized law enforcement agency or, in the 29 case of blood alcohol, at the request of the individual for 30 whom the test is to be performed in compliance with Sections 31 11-501 and 11-501.1 of the Illinois Vehicle Code. If the 32 request to a laboratory is oral, the physician or other SB1674 Enrolled -11- LRB9011420DJcd 1 authorized person shall submit a written request to the 2 laboratory within 48 hours. If the laboratory does not 3 receive the written request within that period, it shall note 4 that fact in its records. For purposes of this Section, a 5 request made by electronic mail or fax constitutes a written 6 request. 7 (Source: P.A. 90-116, eff. 7-14-97; 90-322, eff. 1-1-98; 8 revised 10-23-97.) 9 Section 99. Effective date. This Act takes effect upon 10 becoming law.