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
 


SB2001LRB102 04074 RJF 14090 b



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.)