Public Act 90-0666 of the 90th General Assembly
Public Act 90-0666
SB1674 Enrolled LRB9011420DJcd
AN ACT concerning governmental functions.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Year 2000 Technology Task Force Act.
Section 5. Legislative declaration. Because January 1,
2000 marks the beginning of a new millennium, it presents new
challenges for information data technology. The technique of
storing date information by using 2 digits to represent the
year was designed as an economic savings tool when computers
were initially put into use. Systems developed with this
approach have remained in use, resulting in the fact that the
majority of computer programs will not be able to recognize
the year 2000. In an effort to ease the transition to the new
millennium it is necessary to provide the State and local
governments with the tools necessary to explore the impact of
that transition. It is imperative to provide an efficient
and accurate response now to prepare for the challenges
presented by the year 2000 with regard to information
technology systems and date storage.
Section 10. Definition. In this Act "Year 2000
compliant" means, with respect to information technology,
that the information technology accurately processes
date/time data (including, but not limited to, calculating,
comparing, and sequencing) from, into, and between the
twentieth and twenty-first centuries, and the years 1999 and
2000 and leap year calculations, to the extent that other
information technology, used in combination with the
information technology being acquired, properly exchanges
date/time data with it.
Section 15. Task Force created; members.
(a) The Year 2000 Technology Task Force is created.
(b) The Task Force shall be composed of the following
members:
(1) The Governor or his or her designee.
(2) The Attorney General or his or her designee.
(3) The Secretary of State or his or her designee.
(4) The Comptroller or his or her designee.
(5) The Treasurer or his or her designee.
(6) The Chief Justice of the Supreme Court or his
or her designee.
(7) The Director of Central Management Services.
(8) The Director of Revenue.
(9) The Secretary of Human Services.
(10) The Director of Public Aid.
(11) The Director of Children and Family Services.
(12) The Director of Employment Security.
(13) The Auditor General.
(14) The State Superintendent of Schools.
(15) Two members appointed by the Governor with the
advice and consent of the Senate. One member shall
represent the interests of municipalities in the State,
and the other member shall represent the interests of
counties and townships in the State. If the Senate is
not in session or is in recess when an appointment
subject to its confirmation under this paragraph is made,
the Governor shall make a temporary appointment. That
temporary appointment is subject to subsequent Senate
confirmation as provided in this paragraph.
(16) Four members of the General Assembly,
appointed one each by the President of the Senate, the
Minority Leader of the Senate, the Speaker of the House
of Representatives, and the Minority Leader of the House
of Representatives.
(c) Task Force members shall serve without compensation.
Section 20. Task Force organization; meetings; staff.
(a) The Director of Central Management Services shall
serve as chairperson of the Task Force.
(b) The chairperson shall give notice of an initial
meeting of the Task Force within 30 days after the effective
date of this Act.
(c) The offices of the State officers designated in
paragraphs (1) through (14) of subsection (b) of Section 15
shall perform the staff work necessary to enable the Task
Force to perform its functions.
Section 25. Task Force functions. The Task Force shall
do the following:
(1) Assess the current status of Year 2000
compliance on the part of (i) each department of State
government created under the Civil Administrative Code of
Illinois, (ii) the General Assembly, (iii) the State
judiciary, and (iv) units of local government in the
State.
(2) Analyze and prioritize the corrective measures
that must be taken by the entities designated in
paragraph (1) in order to become Year 2000 compliant.
(3) Prepare an estimated timetable for completing
those corrective measures in a manner that will ensure
Year 2000 compliance by those entities.
(4) Estimate the fiscal impact of those corrective
measures.
(5) Conduct additional inquiries or studies as it
deems appropriate.
Section 30. Reports and recommendations.
(a) On or before November 30, 1998 the Task Force shall
submit a preliminary report to the Governor and the General
Assembly. The preliminary report shall include the Task
Force's findings and, if the Task Force determines that
legislation is necessary in order to ensure Year 2000
compliance by the entities designated in Section 25, its
recommendations for legislation.
(b) The Task Force may submit additional findings and
recommendations at any time.
Section 90. The Legislative Information System Act is
amended by adding Section 5.09 and changing Sections 5 and 6
as follows:
(25 ILCS 145/5) (from Ch. 63, par. 42.15)
Sec. 5. The System has the duties enumerated in the
following Sections preceding Section 6 5.01 through 5.07.
(Source: P.A. 80-683.)
(25 ILCS 145/5.09 new)
Sec. 5.09. Public computer access; legislative
information. To make available to the public all of the
following information in electronic form:
(1) On or before July 1, 1999, the weekly schedule
of legislative floor sessions for each of the 2 houses of
the General Assembly together with a list of matters
pending before them and the weekly schedule of
legislative committee hearings together with matters
scheduled for their consideration.
(2) On or before July 1, 1999, a list of the
committees of the General Assembly and their members.
(3) On or before July 1, 1999, the text of each
bill and resolution introduced and of each engrossed,
enrolled, and re-enrolled bill and resolution and the
text of each adopted amendment and conference committee
report.
(4) On or before July 1, 1999, a synopsis of items
specified in paragraph (3) of this Section, together with
a summary of legislative and gubernatorial actions
regarding each bill and resolution introduced.
(5) On or before July 1, 1999, the Rules of the
House and the Senate of the General Assembly.
(6) Before the conclusion of the Ninety-second
General Assembly, the text of Public Acts.
(7) Before the conclusion of the Ninety-second
General Assembly, the Illinois Compiled Statutes.
(8) Before the conclusion of the Ninety-second
General Assembly, the Constitution of the United States
and the Constitution of the State of Illinois.
(9) Before the conclusion of the Ninety-second
General Assembly, the text of the Illinois Administrative
Code.
(10) Before the conclusion of the Ninety-second
General Assembly, the most current issue of the Illinois
Register published on or after the effective date of this
amendatory Act of 1998.
(11) Any other information that the Joint Committee
on Legislative Support Services elects to make available.
The information shall be made available to the public
through the World Wide Web. The information may also be
made available by any other means of access that would
facilitate public access to the information.
Any documentation that describes the electronic digital
formats of the information shall be made available through
the World Wide Web.
Personal information concerning a person who accesses
this public information may be maintained only for the
purpose of providing service to the person.
No fee or other charge may be imposed by the Legislative
Information System as a condition of accessing the
information, except that a reasonable fee may be charged for
any customized services and shall be deposited into the
General Assembly Computer Equipment Revolving Fund.
The electronic public access provided through the World
Wide Web shall be in addition to any other electronic or
print distribution of the information.
No action taken under this Section shall be deemed to
alter or relinquish any copyright or other proprietary
interest or entitlement of the State of Illinois relating to
any of the information made available under this Section.
The information shall be made available as provided in
this Section in the shortest practicable time after it is
publicly available in any other form; provided that the
System may make information available under this Section only
if the availability in no way reduces the quality and
timeliness of service available to and required under this
Act for legislative users and does not unduly burden the
General Assembly or its support services agencies. Failure
to provide information under this Section does not affect the
validity of any action of the General Assembly. The General
Assembly and the State of Illinois are not liable for the
accuracy, availability, or use of the information provided
under this Section.
(25 ILCS 145/6) (from Ch. 63, par. 42.16)
Sec. 6. Computer systems; private use; charges. In
addition to the information made available by the Legislative
Information System under Section 5.09, the System may make
the computer systems under its jurisdiction available for use
by private persons or governmental entities or agencies,
other than those legislative users specified in Section 5.06,
if:
(a) such availability in no way reduces the quality of
service available to and required under this Act for
legislative users;
(b) the System, by resolution adopts rules and
conditions regarding the offering of such services and
specifies the charges to be made therefor. These charges may
be based on usage of the services; and
(c) the System collects the appropriate charges for the
services rendered. Those amounts shall be deposited in the
General Assembly Computer Equipment Revolving Fund, a special
fund which is hereby created in the State treasury. Monies
in the Fund shall be appropriated to the Joint Committee on
Legislative Support Services for the purchase of computer
equipment for the General Assembly and for related expenses
and for other operational purposes of the General Assembly.
(Source: P.A. 88-85.)
Section 91. The Business Corporation Act of 1983 is
amended by changing Section 7.50 as follows:
(805 ILCS 5/7.50) (from Ch. 32, par. 7.50)
Sec. 7.50. Proxies.
(a) A shareholder may appoint a proxy to vote or
otherwise act for him or her by delivering a valid
appointment form to the person so appointed or to a proxy
solicitation firm, proxy support service organization, or
like agent duly authorized by the person or persons to
receive the transmission. Without limiting the manner in
which a shareholder may appoint such a proxy pursuant to this
Section 7.50, the following shall constitute valid means by
which a shareholder may make such an appointment:
(1) A shareholder may sign a proxy appointment
form. The shareholder's signature may be affixed by any
reasonable means, including, but not limited to, by
facsimile signature.
(2) A shareholder may transmit or authorize the
transmission of a telegram, cablegram, or other means of
electronic transmission; provided that any such
transmission must either set forth or be submitted with
information from which it can be determined that the
telegram, cablegram, or other electronic transmission was
authorized by the shareholder. If it is determined that
the telegram, cablegram, or other electronic transmission
is valid, the inspectors or, if there are no inspectors,
such other persons making that determination shall
specify the information upon which they relied.
Any copy, facsimile telecommunication, or other reliable
reproduction of the writing or transmission may be
substituted or used in lieu of the original writing or
transmission for any and all purposes for which the original
writing or transmission could be used, provided that the
copy, facsimile telecommunication, or other reproduction
shall be a complete reproduction of the entire original
writing or transmission. A shareholder may appoint a proxy to
vote or otherwise act for him or her by signing an
appointment form and delivering it to the person so
appointed.
(b) No proxy shall be valid after the expiration of 11
months from the date thereof unless otherwise provided in the
proxy. Every proxy continues in full force and effect until
revoked by the person executing it prior to the vote pursuant
thereto, except as otherwise provided in this Section. Such
revocation may be effected by a writing delivered to the
corporation stating that the proxy is revoked or by a
subsequent proxy executed by, or by attendance at the meeting
and voting in person by, the person executing the proxy. The
dates contained on the forms of proxy presumptively determine
the order of execution, regardless of the postmark dates on
the envelopes in which they are mailed.
(c) An appointment of a proxy is revocable by the
shareholder unless the appointment form conspicuously states
that it is irrevocable and the appointment is coupled with an
interest in the shares or in the corporation generally. By
way of example and without limiting the generality of the
foregoing, a proxy is coupled with an interest when the proxy
appointed is one of the following:
(1) a pledgee;
(2) a person who has purchased or has agreed to purchase
the shares;
(3) a creditor of the corporation who has extended it
credit under terms requiring the appointment, if the
appointment states the purpose for which it was given, the
name of the creditor, and the amount of credit extended;
(4) an employee of the corporation whose employment
contract requires the appointment, if the appointment states
the purpose for which it was given, the name of the employee,
and the period of employment; or
(5) a party to a voting agreement created under Section
7.70.
(d) The death or incapacity of the shareholder
appointing a proxy does not revoke the proxy's authority
unless notice of the death or incapacity is received by the
officer or agent who maintains the corporation's share
transfer book before the proxy exercises his or her authority
under the appointment.
(e) An appointment made irrevocable under subsection (c)
becomes revocable when the interest in the proxy terminates
such as when the pledge is redeemed, the shares are
registered in the purchaser's name, the creditor's debt is
paid, the employment contract ends, or the voting agreement
expires.
(f) A transferee for value of shares subject to an
irrevocable appointment may revoke the appointment if the
transferee was ignorant of its existence when the shares were
acquired and both the existence of the appointment and its
irrevocability were not noted conspicuously on the
certificate (or information statement for shares without
certificates) representing the shares.
(g) Unless the appointment of a proxy contains an
express limitation on the proxy's authority, a corporation
may accept the proxy's vote or other action as that of the
shareholder making the appointment. If the proxy appointed
fails to vote or otherwise act in accordance with the
appointment, the shareholder is entitled to such legal or
equitable relief as is appropriate in the circumstances.
(Source: P.A. 83-1025.)
Section 92. The Illinois Clinical Laboratory and Blood
Bank Act is amended by changing Section 7-101 as follows:
(210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
Sec. 7-101. Examination of specimens. A clinical
laboratory shall examine specimens only at the request of (i)
a licensed physician, (ii) a licensed dentist, (iii) a
licensed podiatrist, (iv) a therapeutic optometrist for
diagnostic or therapeutic purposes related to the use of
diagnostic topical or therapeutic ocular pharmaceutical
agents, as defined in subsections (c) and (d) of Section 15.1
of the Illinois Optometric Practice Act of 1987, (v) a
licensed physician assistant in accordance with the written
guidelines required under subdivision (3) of Section 4 and
under Section 7.5 of the Physician Assistant Practice Act of
1987, or (vi) an authorized law enforcement agency or, in the
case of blood alcohol, at the request of the individual for
whom the test is to be performed in compliance with Sections
11-501 and 11-501.1 of the Illinois Vehicle Code. If the
request to a laboratory is oral, the physician or other
authorized person shall submit a written request to the
laboratory within 48 hours. If the laboratory does not
receive the written request within that period, it shall note
that fact in its records. For purposes of this Section, a
request made by electronic mail or fax constitutes a written
request.
(Source: P.A. 90-116, eff. 7-14-97; 90-322, eff. 1-1-98;
revised 10-23-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.