State of Illinois
90th General Assembly
Legislation

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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 6 5.01 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 to
20    vote   or  otherwise  act  for  him  or  her  by  signing  an
21    appointment  form  and  delivering  it  to  the   person   so
22    appointed.
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.

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