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| [ Introduced ] | [ House Amendment 001 ] |
92_HB1075ham002
LRB9206094JScsam
1 AMENDMENT TO HOUSE BILL 1075
2 AMENDMENT NO. . Amend House Bill 1075, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Electronic Commerce Security Act is
6 amended by changing Section 10-105 and adding Sections 5-106,
7 5-107, 5-108, 5-109, 5-111, 5-112, 5-113, 5-114, 5-116,
8 5-117, 5-118, 5-119, 5-121, and 5-122 as follows:
9 (5 ILCS 175/5-105)
10 Sec. 5-105. Definitions.
11 "Agreement" means the bargain of the parties in fact, as
12 found in their language or inferred from other circumstances
13 and from rules, regulations, and procedures given the effect
14 of agreements under laws otherwise applicable to a particular
15 transaction.
16 "Asymmetric cryptosystem" means a computer-based system
17 capable of generating and using a key pair consisting of a
18 private key for creating a digital signature and a public key
19 to verify the digital signature.
20 "Automated transaction" means a transaction conducted or
21 performed, in whole or in part, by electronic means or
22 electronic records, in which the acts or records of one or
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1 both parties are not reviewed by an individual in the
2 ordinary course in forming a contract, performing under an
3 existing contract, or fulfilling an obligation required by
4 the transaction.
5 "Certificate" means a record that at a minimum: (a)
6 identifies the certification authority issuing it; (b) names
7 or otherwise identifies its subscriber or a device or
8 electronic agent under the control of the subscriber; (c)
9 contains a public key that corresponds to a private key under
10 the control of the subscriber; (d) specifies its operational
11 period; and (e) is digitally signed by the certification
12 authority issuing it.
13 "Certification authority" means a person who authorizes
14 and causes the issuance of a certificate.
15 "Certification practice statement" is a statement
16 published by a certification authority that specifies the
17 policies or practices that the certification authority
18 employs in issuing, managing, suspending, and revoking
19 certificates and providing access to them.
20 "Computer program" means a set of statements or
21 instructions to be used directly or indirectly in an
22 information processing system in order to bring about a
23 certain result.
24 "Contract" means the total legal obligation resulting
25 from the parties' agreement as affected by this Act and other
26 applicable law.
27 "Correspond", with reference to keys, means to belong to
28 the same key pair.
29 "Digital signature" means a type of electronic signature
30 created by transforming an electronic record using a message
31 digest function and encrypting the resulting transformation
32 with an asymmetric cryptosystem using the signer's private
33 key such that any person having the initial untransformed
34 electronic record, the encrypted transformation, and the
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1 signer's corresponding public key can accurately determine
2 whether the transformation was created using the private key
3 that corresponds to the signer's public key and whether the
4 initial electronic record has been altered since the
5 transformation was made. A digital signature is a security
6 procedure.
7 "Electronic" means relating to technology having includes
8 electrical, digital, magnetic, wireless, optical,
9 electromagnetic, or similar any other form of technology that
10 entails capabilities similar to these technologies.
11 "Electronic agent" means a computer program or an
12 electronic or other automated means used independently to
13 initiate an action or respond to electronic records or
14 performances in whole or in part, without review or action by
15 an individual.
16 "Electronic record" means a record created, generated,
17 sent, communicated, received, or stored by electronic means
18 for use in an information system or for transmission from one
19 information system to another.
20 "Electronic signature" means an electronic sound, symbol,
21 or process a signature in electronic form attached to or
22 logically associated with a an electronic record and executed
23 or adopted by a person with intent to sign the record.
24 "Information" includes data, text, images, sound, codes,
25 computer programs, software, databases, and the like.
26 "Information processing system" means an electronic
27 system for creating, generating, sending, receiving, storing,
28 displaying, or processing information.
29 "Key pair" means, in an asymmetric cryptosystem, 2
30 mathematically related keys, referred to as a private key and
31 a public key, having the properties that (i) one key (the
32 private key) can encrypt a message that only the other key
33 (the public key) can decrypt, and (ii) even knowing one key
34 (the public key), it is computationally unfeasible to
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1 discover the other key (the private key).
2 "Message digest function" means an algorithm that maps or
3 translates the sequence of bits comprising an electronic
4 record into another, generally smaller, set of bits (the
5 message digest) without requiring the use of any secret
6 information such as a key, such that an electronic record
7 yields the same message digest every time the algorithm is
8 executed using such record as input and it is computationally
9 unfeasible that any 2 electronic records can be found or
10 deliberately generated that would produce the same message
11 digest using the algorithm unless the 2 records are precisely
12 identical.
13 "Operational period of a certificate" begins on the date
14 and time the certificate is issued by a certification
15 authority (or on a later date and time certain if stated in
16 the certificate) and ends on the date and time it expires as
17 noted in the certificate or is earlier revoked, but does not
18 include any period during which a certificate is suspended.
19 "Person" means an individual, corporation, business
20 trust, estate, trust, partnership, limited partnership,
21 limited liability partnership, limited liability company,
22 association, joint venture, government, governmental
23 subdivision, agency, or instrumentality, or any other legal
24 or commercial entity.
25 "Private key" means the key of a key pair used to create
26 a digital signature.
27 "Public key" means the key of a key pair used to verify a
28 digital signature.
29 "Record" means information that is inscribed, stored, or
30 otherwise fixed on a tangible medium or that is stored in an
31 electronic or other medium and is retrievable in perceivable
32 form.
33 "Repository" means a system for storing and retrieving
34 certificates or other information relevant to certificates,
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1 including information relating to the status of a
2 certificate.
3 "Revoke a certificate" means to permanently end the
4 operational period of a certificate from a specified time
5 forward.
6 "Rule of law" means any statute, ordinance, common law
7 rule, court decision, or other rule of law enacted,
8 established or promulgated by the State of Illinois, or any
9 agency, commission, department, court, other authority or
10 political subdivision of the State of Illinois.
11 "Security procedure" means a methodology or procedure
12 employed used for the purpose of (1) verifying that an
13 electronic signature, record, or performance is that of a
14 specific person or for (2) detecting changes or errors error
15 or alteration in the information in communication, content,
16 or storage of an electronic record since a specific point in
17 time. The term includes a security procedure that requires
18 may require the use of algorithms or other codes, identifying
19 words or numbers, encryption, or callback answer back or
20 other acknowledgment procedures, or similar security devices.
21 "Signature device" means unique information, such as
22 codes, algorithms, letters, numbers, private keys, or
23 personal identification numbers (PINs), or a uniquely
24 configured physical device, that is required, alone or in
25 conjunction with other information or devices, in order to
26 create an electronic signature attributable to a specific
27 person.
28 "Signed" or "signature" includes any symbol executed or
29 adopted, or any security procedure employed or adopted, using
30 electronic means or otherwise, by or on behalf of a person
31 with intent to authenticate a record.
32 "State" means a State of the United States, the District
33 of Columbia, Puerto Rico, the United States Virgin Islands,
34 or any territory or insular possession subject to the
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1 jurisdiction of the United States. The term includes an
2 Indian tribe or band, or Alaskan native village, which is
3 recognized by federal law or formally acknowledged by a
4 State.
5 "State agency" means and includes all officers, boards,
6 commissions, courts, and agencies created by the Illinois
7 Constitution, whether in the executive, legislative or
8 judicial branch, all officers, departments, boards,
9 commissions, agencies, institutions, authorities,
10 universities, bodies politic and corporate of the State; and
11 administrative units or corporate outgrowths of the State
12 government which are created by or pursuant to statute, other
13 than units of local government and their officers, school
14 districts and boards of election commissioners; all
15 administrative units and corporate outgrowths of the above
16 and as may be created by executive order of the Governor.
17 "Subscriber" means a person who is the subject named or
18 otherwise identified in a certificate, who controls a private
19 key that corresponds to the public key listed in that
20 certificate, and who is the person to whom digitally signed
21 messages verified by reference to such certificate are to be
22 attributed.
23 "Suspend a certificate" means to temporarily suspend the
24 operational period of a certificate for a specified time
25 period or from a specified time forward.
26 "Transaction" means an action or set of actions occurring
27 between two or more persons relating to the conduct of
28 business, commercial, or governmental affairs.
29 "Trustworthy manner" means through the use of computer
30 hardware, software, and procedures that, in the context in
31 which they are used: (a) can be shown to be reasonably
32 resistant to penetration, compromise, and misuse; (b) provide
33 a reasonable level of reliability and correct operation; (c)
34 are reasonably suited to performing their intended functions
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1 or serving their intended purposes; (d) comply with
2 applicable agreements between the parties, if any; and (e)
3 adhere to generally accepted security procedures.
4 "Valid certificate" means a certificate that a
5 certification authority has issued and that the subscriber
6 listed in the certificate has accepted.
7 "Verify a digital signature" means to use the public key
8 listed in a valid certificate, along with the appropriate
9 message digest function and asymmetric cryptosystem, to
10 evaluate a digitally signed electronic record, such that the
11 result of the process concludes that the digital signature
12 was created using the private key corresponding to the public
13 key listed in the certificate and the electronic record has
14 not been altered since its digital signature was created.
15 (Source: P.A. 90-759, eff. 7-1-99.)
16 (5 ILCS 175/5-106 new)
17 Sec. 5-106. Scope.
18 (a) Except as otherwise provided in subsection (b), this
19 Act applies to electronic records and electronic signatures
20 relating to a transaction.
21 (b) This Act does not apply to a transaction to the
22 extent it is governed by:
23 (1) a law governing the creation and execution of
24 wills, codicils, or testamentary trusts;
25 (2) the Uniform Commercial Code other than Sections
26 1-107 and 1-206, Article 2, and Article 2A;
27 (3) Section 3 of the Rental Property Utility
28 Service Act, subsection (a) of Section 8-202 of the
29 Public Utilities Act, or any other requirement in
30 Illinois law that notice of termination of utility
31 services (including water, heat, and power) to tenants or
32 individual customers be in writing;
33 (4) Section 15-1503 of the Code of Civil Procedure
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1 or any other statutory requirement that notice of
2 default, acceleration, repossession, foreclosure,
3 eviction, or the right to cure under a credit agreement
4 secured by, or a rental agreement for, a primary
5 residence of an individual be in writing;
6 (5) any requirement in Illinois law that notice of
7 cancellation or termination of health care insurance or
8 benefits, or death or life insurance benefits (excluding
9 annuities) under a program of insurance or coverage to an
10 enrollee, patient, or individual insurance customer be in
11 writing;
12 (6) any requirement in Illinois law that any notice
13 of recall of a product be provided to a consumer in
14 writing; and
15 (7) Section 6 of the Lead Poisoning Prevention Act,
16 Sections 4 and 18 of the Illinois Pesticide Act, Section
17 9 of the Illinois Low-Level Radioactive Waste Management
18 Act, Section 2-11 and subsection A of Section 2-15 of the
19 Uniform Hazardous Substances Act of Illinois, and
20 subsection (a) of Section 8 of the Toxic Substances
21 Disclosure to Employees Act, or any other requirement in
22 Illinois law that hazardous materials, pesticides, or
23 other toxic substances be labeled for transport or
24 handling.
25 (c) This Act applies to an electronic record or
26 electronic signature otherwise excluded from the application
27 of this Act under subsection (b) to the extent it is governed
28 by a law other than those specified in subsection (b).
29 (d) A transaction subject to this Act is also subject to
30 other applicable substantive law.
31 (e) No provision in this Act modifies, limits, or
32 supersedes Section 101(c) of the Electronic Signatures in
33 Global and National Commerce Act.
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1 (5 ILCS 175/5-107 new)
2 Sec. 5-107. Prospective application. The changes made
3 by the amendatory Act of the 92nd General Assembly applies to
4 any electronic record or electronic signature created,
5 generated, sent, communicated, received, or stored on or
6 after the effective date of this Act.
7 (5 ILCS 175/5-108 new)
8 Sec. 5-108. Use of electronic records and electronic
9 signatures; variation by agreement.
10 (a) This Act does not require a record or signature to
11 be created, generated, sent, communicated, received, stored,
12 or otherwise processed or used by electronic means or in
13 electronic form.
14 (b) This Act applies only to transactions between
15 parties each of which has agreed to conduct transactions by
16 electronic means. Whether the parties agree to conduct a
17 transaction by electronic means is determined from the
18 context and surrounding circumstances, including the parties'
19 conduct.
20 (c) A party that agrees to conduct a transaction by
21 electronic means may refuse to conduct other transactions by
22 electronic means. The right granted by this subsection may
23 not be waived by agreement.
24 (d) Except as otherwise provided in this Act, the effect
25 of any of its provisions may be varied by agreement. The
26 presence in certain provisions of this Act of the words
27 "unless otherwise agreed", or words of similar import, does
28 not imply that the effect of other provisions may not be
29 varied by agreement.
30 (e) Whether an electronic record or electronic signature
31 has legal consequences is determined by this Act and other
32 applicable law.
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1 (5 ILCS 175/5-109 new)
2 Sec. 5-109. Construction and application. This Act must
3 be construed and applied:
4 (1) to facilitate electronic transactions consistent with
5 other applicable law;
6 (2) to be consistent with reasonable practices concerning
7 electronic transactions and with the continued expansion of
8 those practices; and
9 (3) to effectuate its general purpose to make uniform the
10 law with respect to the subject of this Act among States
11 enacting it.
12 (5 ILCS 175/5-111 new)
13 Sec. 5-111. Legal recognition of electronic records,
14 electronic signatures, and electronic contracts.
15 (a) A record or signature may not be denied legal effect
16 or enforceability solely because it is in electronic form.
17 (b) A contract may not be denied legal effect or
18 enforceability solely because an electronic record was used
19 in its formation.
20 (c) If a law requires a record to be in writing, an
21 electronic record satisfies the law.
22 (d) If a law requires a signature, an electronic
23 signature satisfies the law.
24 (5 ILCS 175/5-112 new)
25 Sec. 5-112. Provision of information in writing;
26 presentation of records.
27 (a) If parties have agreed to conduct a transaction by
28 electronic means and a law requires a person to provide,
29 send, or deliver information in writing to another person,
30 the requirement is satisfied if the information is provided,
31 sent, or delivered, as the case may be, in an electronic
32 record capable of retention by the recipient at the time of
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1 receipt. An electronic record is not capable of retention by
2 the recipient if the sender or its information processing
3 system inhibits the ability of the recipient to print or
4 store the electronic record.
5 (b) If a law other than this Act requires a record (i)
6 to be posted or displayed in a certain manner, (ii) to be
7 sent, communicated, or transmitted by a specified method, or
8 (iii) to contain information that is formatted in a certain
9 manner, the following rules apply:
10 (1) The record must be posted or displayed in the
11 manner specified in the other law.
12 (2) Except as otherwise provided in subsection
13 (d)(2), the record must be sent, communicated, or
14 transmitted by the method specified in the other law.
15 (3) The record must contain the information
16 formatted in the manner specified in the other law.
17 (c) If a sender inhibits the ability of a recipient to
18 store or print an electronic record, the electronic record is
19 not enforceable against the recipient.
20 (d) The requirements of this Section may not be varied
21 by agreement, but:
22 (1) to the extent a law other than this Act requires
23 information to be provided, sent, or delivered in writing
24 but permits that requirement to be varied by agreement,
25 the requirement under subsection (a) that the information
26 be in the form of an electronic record capable of
27 retention may also be varied by agreement; and
28 (2) a requirement under a law other than this Act to
29 send, communicate, or transmit a record by regular United
30 States mail, may be varied by agreement to the extent
31 permitted by the other law.
32 (5 ILCS 175/5-113 new)
33 Sec. 5-113. Attribution and effect of electronic record
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1 and electronic signature.
2 (a) An electronic record or electronic signature is
3 attributable to a person if it was the act of the person.
4 The act of the person may be shown in any manner, including a
5 showing of the efficacy of any security procedure applied to
6 determine the person to which the electronic record or
7 electronic signature was attributable.
8 (b) The effect of an electronic record or electronic
9 signature attributed to a person under subsection (a) is
10 determined from the context and surrounding circumstances at
11 the time of its creation, execution, or adoption, including
12 the parties' agreement, if any, and otherwise as provided by
13 law.
14 (5 ILCS 175/5-114 new)
15 Sec. 5-114. Effect of change or error. If a change or
16 error in an electronic record occurs in a transmission
17 between parties to a transaction, the following rules apply:
18 (1) If the parties have agreed to use a security
19 procedure to detect changes or errors and one party has
20 conformed to the procedure, but the other party has not, and
21 the nonconforming party would have detected the change or
22 error had that party also conformed, the conforming party may
23 avoid the effect of the changed or erroneous electronic
24 record.
25 (2) In an automated transaction involving an individual,
26 the individual may avoid the effect of an electronic record
27 that resulted from an error made by the individual in dealing
28 with the electronic agent of another person if the electronic
29 agent did not provide an opportunity for the prevention or
30 correction of the error and, at the time the individual
31 learns of the error, the individual:
32 (A) promptly notifies the other person of the error
33 and that the individual did not intend to be bound by
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1 the electronic record received by the other person;
2 (B) takes reasonable steps, including steps that
3 conform to the other person's reasonable instructions, to
4 return to the other person or, if instructed by the other
5 person, to destroy the consideration received, if any, as
6 a result of the erroneous electronic record; and
7 (C) has not used or received any benefit or value
8 from the consideration, if any, received from the other
9 person.
10 (3) If neither paragraph (1) nor paragraph (2) applies,
11 the change or error has the effect provided by other law,
12 including the law of mistake, and the parties' contract, if
13 any.
14 (4) Paragraphs (2) and (3) may not be varied by
15 agreement.
16 (5 ILCS 175/5-116 new)
17 Sec. 5-116. Notarization and acknowledgment. If a law
18 requires a signature or record to be notarized, acknowledged,
19 verified, or made under oath, the requirement is satisfied if
20 the electronic signature of the person authorized to perform
21 those acts, together with all other information required to
22 be included by other applicable law, is attached to or
23 logically associated with the signature or record.
24 (5 ILCS 175/5-117 new)
25 Sec. 5-117. Retention of electronic records; originals.
26 (a) If a law requires that a record be retained, the
27 requirement is satisfied by retaining an electronic record of
28 the information in the record which:
29 (1) accurately reflects the information set forth in
30 the record after it was first generated in its final form
31 as an electronic record or otherwise; and
32 (2) remains accessible for later reference.
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1 (b) A requirement to retain a record in accordance with
2 subsection (a) does not apply to any information the sole
3 purpose of which is to enable the record to be sent,
4 communicated, or received.
5 (c) A person may satisfy subsection (a) by using the
6 services of another person if the requirements of that
7 subsection are satisfied.
8 (d) If a law requires a record to be presented or
9 retained in its original form, or provides consequences if
10 the record is not presented or retained in its original form,
11 that law is satisfied by an electronic record retained in
12 accordance with subsection (a).
13 (e) If a law requires retention of a check, that
14 requirement is satisfied by retention of an electronic record
15 of the information on the front and back of the check in
16 accordance with subsection (a).
17 (f) A record retained as an electronic record in
18 accordance with subsection (a) satisfies a law requiring a
19 person to retain a record for evidentiary, audit, or like
20 purposes, unless a law enacted after the effective date of
21 this Act specifically prohibits the use of an electronic
22 record for the specified purpose.
23 (g) This Section does not preclude a governmental agency
24 of this State from specifying additional requirements for the
25 retention of a record subject to the agency's jurisdiction.
26 (5 ILCS 175/5-118 new)
27 Sec. 5-118. Admissibility in evidence. In a proceeding,
28 evidence of a record or signature may not be excluded solely
29 because it is in electronic form.
30 (5 ILCS 175/5-119 new)
31 Sec. 5-119. Automated transaction. In an automated
32 transaction, the following rules apply:
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1 (1) A contract may be formed by the interaction of
2 electronic agents of the parties, even if no individual was
3 aware of or reviewed the electronic agents' actions or the
4 resulting terms and agreements.
5 (2) A contract may be formed by the interaction of an
6 electronic agent and an individual, acting on the
7 individual's own behalf or for another person, including by
8 an interaction in which the individual performs actions that
9 the individual is free to refuse to perform and which the
10 individual knows or has reason to know will cause the
11 electronic agent to complete the transaction or performance.
12 (3) The terms of the contract are determined by the
13 substantive law applicable to it.
14 (5 ILCS 175/5-121 new)
15 Sec. 5-121. Time and place of sending and receipt.
16 (a) Unless otherwise agreed between the sender and the
17 recipient, an electronic record is sent when it:
18 (1) is addressed properly or otherwise directed
19 properly to an information processing system that the
20 recipient has designated or uses for the purpose of
21 receiving electronic records or information of the type
22 sent and from which the recipient is able to retrieve the
23 electronic record;
24 (2) is in a form capable of being processed by that
25 system; and
26 (3) enters an information processing system outside
27 the control of the sender or of a person that sent the
28 electronic record on behalf of the sender or enters a
29 region of the information processing system designated or
30 used by the recipient which is under the control of the
31 recipient.
32 (b) Unless otherwise agreed between a sender and the
33 recipient, an electronic record is received when:
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1 (1) it enters an information processing system that
2 the recipient has designated or uses for the purpose of
3 receiving electronic records or information of the type
4 sent and from which the recipient is able to retrieve the
5 electronic record; and
6 (2) it is in a form capable of being processed by
7 that system.
8 (c) Subsection (b) applies even if the place the
9 information processing system is located is different from
10 the place the electronic record is deemed to be received
11 under subsection (d).
12 (d) Unless otherwise expressly provided in the
13 electronic record or agreed between the sender and the
14 recipient, an electronic record is deemed to be sent from the
15 sender's place of business and to be received at the
16 recipient's place of business. For purposes of this
17 subsection, the following rules apply:
18 (1) If the sender or recipient has more than one
19 place of business, the place of business of that person
20 is the place having the closest relationship to the
21 underlying transaction.
22 (2) If the sender or the recipient does not have a
23 place of business, the place of business is the sender's
24 or recipient's residence, as the case may be.
25 (e) An electronic record is received under subsection
26 (b) even if no individual is aware of its receipt.
27 (f) Receipt of an electronic acknowledgment from an
28 information processing system described in subsection (b)
29 establishes that a record was received but, by itself, does
30 not establish that the content sent corresponds to the
31 content received.
32 (g) If a person is aware that an electronic record
33 purportedly sent under subsection (a), or purportedly
34 received under subsection (b), was not actually sent or
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1 received, the legal effect of the sending or receipt is
2 determined by other applicable law. Except to the extent
3 permitted by the other law, the requirements of this
4 subsection may not be varied by agreement.
5 (5 ILCS 175/5-122 new)
6 Sec. 5-122. Transferable records.
7 (a) In this Section, "transferable record" means an
8 electronic record that:
9 (1) would be a note under Article 3 of the Uniform
10 Commercial Code or a document under Article 7 of the
11 Uniform Commercial Code if the electronic record were in
12 writing; and
13 (2) the issuer of the electronic record expressly
14 has agreed is a transferable record.
15 (b) A person has control of a transferable record if a
16 system employed for evidencing the transfer of interests in
17 the transferable record reliably establishes that person as
18 the person to which the transferable record was issued or
19 transferred.
20 (c) A system satisfies subsection (b), and a person is
21 deemed to have control of a transferable record, if the
22 transferable record is created, stored, and assigned in such
23 a manner that:
24 (1) a single authoritative copy of the transferable
25 record exists which is unique, identifiable, and, except
26 as otherwise provided in paragraphs (4), (5), and (6),
27 unalterable;
28 (2) the authoritative copy identifies the person
29 asserting control as:
30 (A) the person to which the transferable record
31 was issued; or
32 (B) if the authoritative copy indicates that
33 the transferable record has been transferred, the
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1 person to which the transferable record was most
2 recently transferred;
3 (3) the authoritative copy is communicated to and
4 maintained by the person asserting control or its
5 designated custodian;
6 (4) copies or revisions that add or change an
7 identified assignee of the authoritative copy can be made
8 only with the consent of the person asserting control;
9 (5) each copy of the authoritative copy and any copy
10 of a copy is readily identifiable as a copy that is not
11 the authoritative copy; and
12 (6) any revision of the authoritative copy is
13 readily identifiable as authorized or unauthorized.
14 (d) Except as otherwise agreed, a person having control
15 of a transferable record is the holder, as defined in Section
16 1-201(20) of the Uniform Commercial Code, of the transferable
17 record and has the same rights and defenses as a holder of an
18 equivalent record or writing under the Uniform Commercial
19 Code, including, if the applicable statutory requirements
20 under Section 3-302(a), 7-501, or 9-308 of the Uniform
21 Commercial Code are satisfied, the rights and defenses of a
22 holder in due course, a holder to which a negotiable document
23 of title has been duly negotiated, or a purchaser,
24 respectively. Delivery, possession, and indorsement are not
25 required to obtain or exercise any of the rights under this
26 subsection.
27 (e) Except as otherwise agreed, an obligor under a
28 transferable record has the same rights and defenses as an
29 equivalent obligor under equivalent records or writings under
30 the Uniform Commercial Code.
31 (f) If requested by a person against which enforcement
32 is sought, the person seeking to enforce the transferable
33 record shall provide reasonable proof that the person is in
34 control of the transferable record. Proof may include access
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1 to the authoritative copy of the transferable record and
2 related business records sufficient to review the terms of
3 the transferable record and to establish the identity of the
4 person having control of the transferable record.
5 (5 ILCS 175/5-110 rep.)
6 (5 ILCS 175/5-115 rep.)
7 (5 ILCS 175/5-120 rep.)
8 (5 ILCS 175/5-125 rep.)
9 (5 ILCS 175/5-130 rep.)
10 (5 ILCS 175/5-135 rep.)
11 (5 ILCS 175/5-140 rep.)
12 Section 10. The Electronic Commerce Security Act is
13 amended by repealing Sections 5-110, 5-115, 5-120, 5-125,
14 5-130, 5-135, and 5-140.".