Bill Text: IL SB1611 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Amends Secretary of State Act. Allows the Secretary of State to adopt rules to authorize the filing of documents with his or her office that have been signed by electronic means. Specifies the rules to be adopted. Provides certification requirements for entities seeking to provide services to third parties for the execution of electronic signatures for filing with the Secretary of State. Specifies minimum requirements for the use of electronic signatures on documents. Provides for the refusal of non-compliant electronic signatures. Provides that electronic signatures and electronic delivery of records shall have the same force and effect as manual signatures and the physical delivery of records. Provides that electronic records and electronic signatures accepted by the Secretary of State shall be admissible in all administrative, quasi-judicial, and judicial proceedings.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-07-30 - Public Act . . . . . . . . . 102-0213 [SB1611 Detail]

Download: Illinois-2021-SB1611-Chaptered.html

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Public Act 102-0213
SB1611 Enrolled LRB102 16184 RJF 21563 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Secretary of State Act is amended by adding
Section 35 as follows:
(15 ILCS 305/35 new)
Sec. 35. Authority to accept electronic signatures.
(a) Through the adoption of administrative rules, the
Secretary may authorize the filing of documents with his or
her office that have been signed by electronic means.
(b) The administrative rules adopted by the Secretary
shall set forth the following:
(1) the type of electronic signature required;
(2) the manner and format in which the electronic
signature must be affixed to the electronic record;
(3) the types of transactions which may be filed with
his or her office with electronic signatures;
(4) the procedures for seeking certification of
compliance with electronic signature requirements; and
(5) the date on which the Secretary will begin
accepting electronic signatures.
(c) Any entity seeking to provide services to third
parties for the execution of electronic signatures for filing

with the Secretary of State shall apply for a certification of
compliance with the requirements for the submission of
electronic signatures. To receive a certification of
compliance, the entity must establish the ability to comply
with all of the requirements of this Section and the
administrative rules adopted pursuant to this Section. There
is no limitation on the number of entities that may be issued a
certification of compliance. The Secretary shall include on
its Internet website a list of the entities that have been
issued a certification of compliance.
(d) The Secretary shall only accept electronic signatures
created by use of the services of an entity that has received a
certification of compliance as set forth in this Section.
(e) An electronic signature must meet all of the following
requirements:
(1) Be executed or adopted by a person with the intent
to sign the document so as to indicate the person's
approval of the information contained in the document.
(2) Be attached to or logically associated with the
information contained in the document being signed.
(3) Be capable of reliable identification and
authentication of the person as the signer. Identification
and authentication may be accomplished through additional
security procedures or processes if reliably correlated to
the electronic signature.
(4) Be linked to the document in a manner that would

invalidate the electronic signature if the document is
changed.
(5) Be linked to the document so as to preserve its
integrity as an accurate and complete record for the full
retention period of the document.
(6) Be compatible with the standards and technology
for electronic signatures that are generally used in
commerce and industry and by state governments.
(f) If the Secretary determines an electronic signature is
not in compliance with this Section or the administrative
rules adopted pursuant to this Section, or is not in
compliance with other applicable statutory or regulatory
provisions, the Secretary may refuse to accept the signature.
(g) Electronic signatures accepted by the Secretary of
State shall have the same force and effect as manual
signatures.
(h) Electronic delivery of records accepted by the
Secretary of State shall have the same force and effect as
physical delivery of records.
(i) Electronic records and electronic signatures accepted
by the Secretary of State shall be admissible in all
administrative, quasi-judicial, and judicial proceedings. In
any such proceeding, nothing in the application of the rules
of evidence shall apply so as to deny the admissibility of an
electronic record or electronic signature into evidence on the
sole ground that it is an electronic record or electronic

signature, or on the grounds that it is not in its original
form or is not an original. Information in the form of an
electronic record shall be given due evidentiary weight by the
trier of fact.