SB3770 102ND GENERAL ASSEMBLY

LRB102 23122 AWJ 32280 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3770

Introduced 1/21/2022, by Sen. Dan McConchie

SYNOPSIS AS INTRODUCED:

55 ILCS 5/3-2003.6 new

Amends the Counties Code. Provides that a county clerk may authorize the use of technology to execute the clerk's duties or assist in the execution of certain portions of public duties in specified circumstances. Provides that, where applicable law requires accepting information in writing, an appearance before an official in person, service of official records in paper copy, or requires a signature, the county clerk may, in place of those requirements, adopt widely used technologies such as video chat, secure data transmission portals, and secure digital signatures to verify identity and process service requests. Provides that a county clerk may also adopt a method of certifying paperless digital copies of any record using PDF or similar file delivery in specified circumstances. Provides that a county clerk replacing a previously paper-based process or appearance method must publish notice on the clerk's website, or in a newspaper of general circulation if the county clerk does not have a website, and in the principal office of business 60 days prior to making such a change.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by adding Section 3-2003.6 as follows:

(55 ILCS 5/3-2003.6 new)

Sec. 3-2003.6. Service modernization and information certification.

(a) A county clerk may authorize the use of technology to execute the clerk's duties or assist in the execution of certain portions of public duties, where those technologies utilize commonly accepted methods of data storage, transmission, and cybersecurity, and the county clerk's office otherwise continues adherence to the Local Records Act, if applicable.

(b) Where applicable law requires accepting information in writing, an appearance before an official in person, service of official records in paper copy, or requires a signature, a county clerk may, in place of those requirements, adopt widely used technologies such as video chat, secure data transmission portals, and secure digital signatures to verify identity and process service requests.

(c) A county clerk may also adopt a method of certifying paperless digital copies of any record using PDF or similar file delivery if the clerk's office provides for free on its website an upload tool for any person in receipt of a certified digital file from that office to instantly confirm its authenticity. The county clerk must also maintain the ability to deliver a certified paper record as prescribed by law.

(d) A county clerk replacing a previously paper-based process or appearance method must publish notice on the clerk's website, or in a newspaper of general circulation if the county clerk does not have a website, and in the principal office of business 60 days prior to making such a change.