90th General Assembly
Status of HB3180
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DURKIN-MEYER-TENHOUSE-SCHOENBERG.

(WALSH,T-CULLERTON)

   New Act                                                                     
   5 ILCS 70/1.15            from Ch. 1, par. 1016                             
   5 ILCS 140/7              from Ch. 116, par. 207                            
   15 ILCS 405/14.01 rep.                                                      
   720 ILCS 5/17-3           from Ch. 38, par. 17-3                            

        Creates the Electronic Commerce Security Act.  Authorizes the use      
   of digital signatures and other forms of electronic  signatures  in  a      
   manner  designed  to  provide  legal  certainty  necessary  to  effect      
   transactions   over   public  electronic  networks.     Provides  that      
   electronic records can satisfy the legal requirement that  information      
   must  be  in  writing.   Sets forth requirements for use of electronic      
   signatures by State agencies.  Grants  rule-making  authority  to  the      
   Secretary  of  State  regarding  use  by  State agencies.  Establishes      
   criminal penalties and civil remedies for violations.  Amends  certain      
   Acts to make changes accommodating the Act.   Effective July 1, 1999.       
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          15 ILCS 405/14.01 rep.                                               
          Adds reference to:                                                   
          15 ILCS 405/14.01                                                    
        Replaces provision repealing the digital signature requirement of      
   the State Comptroller Act with provisions changing those  requirements      
   to comport with the Electronic Commerce Security Act. Provides that if      
   another  statute  or  rule requires State agency approval prior to the      
   use of electronic records or signatures, that other  statute  or  rule      
   shall also apply.                                                           
        SENATE AMENDMENT NO. 1.                                                
        Provides that whether a procedure is commercially reasonable is a      
   question of law.  Provides that the Department of  Central  Management      
   Services,  rather  than  the  Secretary  of  State,  shall adopt rules      
   governing the security requirements for use of electronic records  and      
   signatures  by  State  agencies.  Provides that the Supreme Court with      
   respect to courts and  the  Joint  Committee  on  Legislative  Support      
   Services  with  respect  to legislative agencies shall establish rules      
   for use of electronic records and signatures.                               
        SENATE AMENDMENT NO. 2.                                                
        Removes authority for  the  Secretary  of  State  to  investigate      
   fraudulent or unlawful conduct not involving a violation of the Act or      
   its rules.                                                                  
   98-02-11  H  FILED WITH CLERK                                               
   98-02-17  H  FIRST READING                                                  
   98-02-17  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   98-02-19  H  ADDED AS A JOINT SPONSOR                 MEYER                 
   98-03-11  H       ASSIGNED TO COMMITTEE               STATE GOV ADM         
   98-03-20  H  DO PASS/SHORT DEBATE                     011-000-000   HSGE    
   98-03-20  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   98-03-24  H                             AMENDMENT NO. 01-DURKIN             
   98-03-24  H                     AMENDMENT REFERRED TO HRUL                  
   98-03-24  H             BE APPROVED FOR CONSIDERATION HRUL                  
   98-03-24  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   98-03-24  H  ADDED AS A CO-SPONSOR                    TENHOUSE              
   98-03-25  H  SECOND READING-SHORT DEBATE                                    
   98-03-25  H                             AMENDMENT NO. 01-DURKIN             
   98-03-25  H                                   ADOPTED                       
   98-03-25  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   98-03-30  H  THIRD READING/SHORT DEBATE/PASSED        107-000-000           
   98-03-31  S  ARRIVE IN SENATE                                               
   98-03-31  S  PLACED CALENDAR ORDER OF FIRST READING                         
   98-03-31  S  CHIEF SPONSOR                            WALSH,T               
   98-03-31  S  ADDED AS A CHIEF CO-SPONSOR              CULLERTON             
   98-04-01  S  FIRST READING                                                  
   98-04-01  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   98-04-28  S       ASSIGNED TO COMMITTEE               STATE GOVERN          
   98-05-06  S                             AMENDMENT NO. 01-STATE GOVERN  S    
   98-05-06  S                                   ADOPTED                       
   98-05-06  S       DO PASS AS AMENDED                  008-000-000   SGOA    
   98-05-06  S  PLACED ON CALENDAR ORDER OF 2ND READING  98-05-07              
   98-05-07  S  FILED WITH SECRETARY                                           
   98-05-07  S                             AMENDMENT NO. 02-WALSH,T            
   98-05-07  S                     AMENDMENT REFERRED TO SRUL                  
   98-05-13  S                             AMENDMENT NO. 02-WALSH,T            
   98-05-13  S             BE APPROVED FOR CONSIDERATION SRUL                  
   98-05-14  S  SECOND READING                                                 
   98-05-14  S                             AMENDMENT NO. 02-WALSH,T            
   98-05-14  S                                   ADOPTED                       
   98-05-14  S  PLACED ON CALENDAR ORDER OF 3RD READING  98-05-15              
   98-05-15  S  THIRD READING - PASSED                   058-000-000           
   98-05-15  H  ARRIVE IN HOUSE                                                
   98-05-15  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  01,02                 
   98-05-18  H  MOTION FILED CONCUR                      01,02/DURKIN          
   98-05-18  H                        MOTION REFERRED TO HRUL                  
   98-05-18  H                           RULES REFERS TO HSGE/01,02            
   98-05-18  H  CALENDAR ORDER OF CONCURRENCE            01,02                 
   98-05-20  H  APPROVED FOR CONSIDERATION - COMPLIANCE  01/012-000-000        
   98-05-20  H  APPROVED FOR CONSIDERATION - COMPLIANCE  02/012-000-000        
   98-05-20  H  ADDED AS A CO-SPONSOR                    SCHOENBERG            
   98-05-20  H  HSE CONCURS IN SEN AMENDMENTS (NO.)      01,02/115-000-000     
   98-05-20  H  PASSED BOTH HOUSES                                             
   98-06-18  H  SENT TO THE GOVERNOR                                           
   98-08-14  H  GOVERNOR APPROVED                                              
   98-08-14  H                            EFFECTIVE DATE 99-07-01              
   98-08-14  H  PUBLIC ACT.............................. 90-0759               

   END OF INQUIRY 



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