Bill Text: IL SB2459 | 2021-2022 | 102nd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the introduced bill with changes. Provides an exception to the use of electronic signatures for transactions involving technical submissions. Defines "technical submissions". Makes conforming changes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-08-23 - Public Act . . . . . . . . . 102-0572 [SB2459 Detail]
Download: Illinois-2021-SB2459-Enrolled.html
Bill Title: Reinserts the provisions of the introduced bill with changes. Provides an exception to the use of electronic signatures for transactions involving technical submissions. Defines "technical submissions". Makes conforming changes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-08-23 - Public Act . . . . . . . . . 102-0572 [SB2459 Detail]
Download: Illinois-2021-SB2459-Enrolled.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Electronic Commerce Security Act is amended | ||||||
5 | by changing Section 25-101 and by adding Section 25-120 as | ||||||
6 | follows:
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7 | (5 ILCS 175/25-101)
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8 | Sec. 25-101. State agency use of electronic records.
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9 | (a) Each State agency shall determine if, and the extent | ||||||
10 | to which, it will
send and receive
electronic records and | ||||||
11 | electronic signatures to and from other persons and
otherwise | ||||||
12 | create, use, store,
and rely upon electronic records and | ||||||
13 | electronic signatures.
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14 | (b) In any case where a State agency decides to send or | ||||||
15 | receive electronic
records, or to
accept document filings by | ||||||
16 | electronic records, the State agency may, by
appropriate | ||||||
17 | agency rule (or
court rule where appropriate), giving due | ||||||
18 | consideration to security, specify:
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19 | (1) the manner and format in which such electronic | ||||||
20 | records must be
created, sent,
received, and stored;
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21 | (2) if such electronic records must be signed, the | ||||||
22 | type of electronic
signature
required, the manner and | ||||||
23 | format in which such signature must be affixed to the
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1 | electronic record, and the identity of, or criteria that | ||||||
2 | must be met by, any
third
party used by the person filing | ||||||
3 | the document to facilitate the process;
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4 | (3) control processes and procedures as appropriate to | ||||||
5 | ensure adequate
integrity,
security, confidentiality, and | ||||||
6 | auditability of such electronic records; and
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7 | (4) any other required attributes for such electronic | ||||||
8 | records that are
currently
specified for corresponding | ||||||
9 | paper documents, or reasonably necessary under
the | ||||||
10 | circumstances.
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11 | (c) All rules adopted by a State agency shall include the | ||||||
12 | relevant
minimum security
requirements established by the | ||||||
13 | Department of Central Management Services, if
any.
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14 | (d) Whenever any rule of law requires or authorizes the | ||||||
15 | filing of any
information, notice, lien,
or other document or | ||||||
16 | record with any State agency, a filing made by an
electronic | ||||||
17 | record shall have the
same force and effect as a filing made on | ||||||
18 | paper in all cases where the State
agency has authorized or
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19 | agreed to such electronic filing and the filing is made in | ||||||
20 | accordance with
applicable rules or
agreement.
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21 | (e) Except as otherwise provided under Section 25-120, | ||||||
22 | nothing Nothing in this Act shall be construed to require any | ||||||
23 | State agency to
use or to permit
the use of electronic records | ||||||
24 | or electronic signatures.
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25 | (Source: P.A. 90-759, eff. 7-1-99 .)
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1 | (5 ILCS 175/25-120 new) | ||||||
2 | Sec. 25-120. State agency electronic signature waiver. | ||||||
3 | (a) Notwithstanding any provision of this Act to the | ||||||
4 | contrary, the Department of Transportation, the Illinois State | ||||||
5 | Toll Highway Authority, and the Capital Development Board | ||||||
6 | shall each accept the use of electronic signatures in | ||||||
7 | transactions between those State agencies and other persons or | ||||||
8 | entities, unless all parties to the transaction waive the | ||||||
9 | right to use electronic signatures. | ||||||
10 | (b) The requirements of subsection (a) shall not apply to | ||||||
11 | transactions of technical submissions, which shall be | ||||||
12 | submitted in accordance with the following Acts: (i) the | ||||||
13 | Illinois Architecture Practice Act of 1989; (ii) the | ||||||
14 | Professional Engineering Practice Act of 1989; (iii) the | ||||||
15 | Illinois Structural Engineering Practice Act of 1989; and (iv) | ||||||
16 | the Illinois Professional Land Surveyor Act of 1989. | ||||||
17 | (c) For purposes of this Section, "technical submissions" | ||||||
18 | has the same meanings as used under the Illinois Architecture | ||||||
19 | Practice Act of 1989, the Professional Engineering Practice | ||||||
20 | Act of 1989, and the Illinois Structural Engineering Practice | ||||||
21 | Act of 1989, and includes any similar documents that may be | ||||||
22 | submitted in performing requirements under the Illinois | ||||||
23 | Professional Land Surveyor Act of 1989.
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