Bill Text: IL SB2001 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends the Electronic Commerce Security Act. Provides that every State agency shall accept electronic signatures where a rule of law requires a signature, except when all parties waive the right to use electronic signatures. Provides that if any other statute or rule requires approval by a State agency prior to the use or retention of electronic records or the use of electronic signatures, the provisions of this Act shall control.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-02-26 - Referred to Assignments [SB2001 Detail]

Download: Illinois-2021-SB2001-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2001

Introduced 2/26/2021, by Sen. Ram Villivalam

SYNOPSIS AS INTRODUCED:
5 ILCS 175/5-120
5 ILCS 175/5-145

Amends the Electronic Commerce Security Act. Provides that every State agency shall accept electronic signatures where a rule of law requires a signature, except when all parties waive the right to use electronic signatures. Provides that if any other statute or rule requires approval by a State agency prior to the use or retention of electronic records or the use of electronic signatures, the provisions of this Act shall control.
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A BILL FOR

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1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Electronic Commerce Security Act is amended
5by changing Sections 5-120 and 5-145 as follows:
6 (5 ILCS 175/5-120)
7 Sec. 5-120. Electronic signatures.
8 (a) Where a rule of law requires a signature, or provides
9for certain consequences if a document is not signed, an
10electronic signature satisfies that rule of law. Every State
11agency shall accept electronic signatures where a rule of law
12requires a signature, except when all parties waive the right
13to use electronic signatures.
14 (a-5) In the course of exercising any permitting,
15licensing, or other regulatory function, a municipality may
16accept, but shall not require, documents with an electronic
17signature, including, but not limited to, the technical
18submissions of a design professional with an electronic
19signature.
20 (b) An electronic signature may be proved in any manner,
21including by showing that a procedure existed by which a party
22must of necessity have executed a symbol or security procedure
23for the purpose of verifying that an electronic record is that

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1of such party in order to proceed further with a transaction.
2 (c) The provisions of this Section shall not apply:
3 (1) when its application would involve a construction
4 of a rule of law that is clearly inconsistent with the
5 manifest intent of the lawmaking body or repugnant to the
6 context of the same rule of law, provided that the mere
7 requirement of a "signature" or that a record be "signed"
8 shall not by itself be sufficient to establish such
9 intent;
10 (2) to any rule of law governing the creation or
11 execution of a will or trust; and
12 (3) to any record that serves as a unique and
13 transferable instrument of rights and obligations
14 including, without limitation, negotiable instruments and
15 other instruments of title wherein possession of the
16 instrument is deemed to confer title, unless an electronic
17 version of such record is created, stored, and transferred
18 in a manner that allows for the existence of only one
19 unique, identifiable, and unalterable original with the
20 functional attributes of an equivalent physical
21 instrument, that can be possessed by only one person, and
22 which cannot be copied except in a form that is readily
23 identifiable as a copy.
24(Source: P.A. 101-163, eff. 1-1-20.)
25 (5 ILCS 175/5-145)

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1 Sec. 5-145. Applicability of other statutes or rules. If
2Notwithstanding any provisions of this Act, if any other
3statute or rule requires approval by a State agency prior to
4the use or retention of electronic records or the use of
5electronic signatures, the provisions of this Act shall
6control that other statute or rule shall also apply.
7(Source: P.A. 90-759, eff. 7-1-99.)
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