Full Text of SB2001 102nd General Assembly
SB2001 102ND GENERAL ASSEMBLY |
| | 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 | |
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Electronic Commerce Security Act is amended | 5 | | by 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 | 9 | | for certain
consequences if a
document is not signed, an | 10 | | electronic signature satisfies that rule of law. Every State | 11 | | agency shall accept electronic signatures where a rule of law | 12 | | requires a signature,
except when all parties waive the right | 13 | | to use electronic signatures.
| 14 | | (a-5) In the course of exercising any permitting, | 15 | | licensing, or other regulatory function, a municipality may | 16 | | accept, but shall not require, documents with an electronic | 17 | | signature, including, but not limited to, the technical | 18 | | submissions of a design professional with an electronic | 19 | | signature. | 20 | | (b) An electronic signature may be proved in any manner, | 21 | | including by
showing that a
procedure existed by which a party | 22 | | must of necessity have executed a symbol or
security procedure | 23 | | for
the purpose of verifying that an electronic record is that |
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| 1 | | of 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 | 2 | | Notwithstanding
any provisions of
this Act, if any other | 3 | | statute or rule requires approval by a State agency
prior to | 4 | | the use or retention of electronic records or the use of | 5 | | electronic
signatures, the provisions of this Act shall | 6 | | control that other statute or rule shall also apply .
| 7 | | (Source: P.A. 90-759, eff. 7-1-99.)
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