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 - Dead) 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.
LRB102 04074 RJF 14090 b
A BILL FOR
SB2001 LRB102 04074 RJF 14090 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Electronic Commerce Security Act is amended
by changing Sections 5-120 and 5-145 as follows:
(5 ILCS 175/5-120)
Sec. 5-120. Electronic signatures.
(a) Where a rule of law requires a signature, or provides
for certain consequences if a document is not signed, an
electronic signature satisfies that rule of law. 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.
(a-5) In the course of exercising any permitting,
licensing, or other regulatory function, a municipality may
accept, but shall not require, documents with an electronic
signature, including, but not limited to, the technical
submissions of a design professional with an electronic
signature.
(b) An electronic signature may be proved in any manner,
including by showing that a procedure existed by which a party
must of necessity have executed a symbol or security procedure
for the purpose of verifying that an electronic record is that

SB2001 - 2 - LRB102 04074 RJF 14090 b
of such party in order to proceed further with a transaction.
(c) The provisions of this Section shall not apply:
(1) when its application would involve a construction
of a rule of law that is clearly inconsistent with the
manifest intent of the lawmaking body or repugnant to the
context of the same rule of law, provided that the mere
requirement of a "signature" or that a record be "signed"
shall not by itself be sufficient to establish such
intent;
(2) to any rule of law governing the creation or
execution of a will or trust; and
(3) to any record that serves as a unique and
transferable instrument of rights and obligations
including, without limitation, negotiable instruments and
other instruments of title wherein possession of the
instrument is deemed to confer title, unless an electronic
version of such record is created, stored, and transferred
in a manner that allows for the existence of only one
unique, identifiable, and unalterable original with the
functional attributes of an equivalent physical
instrument, that can be possessed by only one person, and
which cannot be copied except in a form that is readily
identifiable as a copy.
(Source: P.A. 101-163, eff. 1-1-20.)
(5 ILCS 175/5-145)

SB2001 - 3 - LRB102 04074 RJF 14090 b
Sec. 5-145. Applicability of other statutes or rules. If
Notwithstanding any provisions of this Act, 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 that other statute or rule shall also apply.
(Source: P.A. 90-759, eff. 7-1-99.)