HB4822 EnrolledLRB100 16401 AMC 35884 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Local
5Government Electronic Notification Act.
 
6    Section 5. Purpose and construction.
7    (a) This Act is intended to facilitate communication from
8units of local government or county officers to residents and
9taxpayers.
10    (b) The General Assembly finds the following:
11        (1) Illinois law requires notification by United
12    States mail to interested parties in many circumstances.
13        (2) Many Illinois residents and taxpayers desire to
14    receive notifications electronically for ease, speed,
15    efficiency, security, and accountability.
16        (3) Electronic communications can be less expensive
17    while providing a greater service to taxpayers and
18    residents.
19        (4) No resident or taxpayer should ever be required to
20    receive electronically any notifications that are
21    currently required to be sent out by United States mail.
 
22    Section 7. Applicability.

 

 

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1    (a) Notwithstanding any other provision of this Act, any
2electronic notifications authorized by statute shall continue
3to be authorized and the General Assembly by law may authorize
4other electronic notifications.
5    (b) This Act does not apply to a school district.
 
6    Section 10. Definitions.
7    (a) As used in this Act:
8    "Electronic notification delivery system" means a computer
9program that notifies interested parties of a unit of local
10government's action and that may have features that confirm
11physical addresses and email addresses, confirm ownership, and
12confirm receipt of an electronic notification.
13    "Electronic notification recipient" means a person who
14affirmatively informs a unit of local government or county
15officer that he or she would like to receive electronically a
16notification that would have been sent by the unit of local
17government or county officer via United States mail.
18    (b) For the purposes of this Act, an identity is confirmed
19if:
20        (1) the electronic notification recipient provides a
21    birthdate and Social Security number that can be matched
22    with the records of the Secretary of State or the county
23    clerk;
24        (2) a mailing sent by United States mail to the
25    electronic notification recipient is responded to

 

 

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1    digitally with a unique code;
2        (3) the electronic notification recipient uses a
3    digital signature as defined in the Electronic Commerce
4    Security Act; or
5        (4) the electronic notification recipient signs up in
6    person with the unit of local government or county officer
7    and provides a government-issued identification.
8    (c) For the purposes of this Act, a physical address of an
9electronic notification recipient is confirmed if the
10electronic notification recipient's address is matched with
11the records of the Secretary of State and an email address of
12an electronic notification recipient is confirmed when an email
13to that email address has been delivered and affirmatively
14responded to in a way that can be tracked by the electronic
15notification delivery system.
16    (d) For the purposes of this Act, an electronic
17notification recipient's ownership is confirmed if his or her
18name is matched with the records of the county recorder of
19deeds.
20    (e) For the purposes of this Act, the receipt of an
21electronic notification is confirmed if an electronic
22notification recipient:
23        (1) responds to the electronic notification; or
24        (2) reads the electronic notification in an electronic
25    notification delivery system that is able to track that an
26    email has been opened.
 

 

 

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1    Section 15. Electronic notification system. Units of local
2government and county officers may establish a process to allow
3people to select electronic notifications through an
4electronic notification delivery system for governmental
5mailings that are being sent by United States mail. Any process
6established for this purpose:
7        (1) must not require all notifications from the unit of
8    local government or county officer be electronic and must
9    allow people to opt in or opt out for specific types of
10    mailings;
11        (2) must include a mechanism for confirming the
12    identity of individuals opting in for statutorily required
13    notifications;
14        (3) must include a mechanism to confirm ownership of
15    property where the statutory notification requirement is
16    based on ownership;
17        (4) must present to the submitter, prior to completion
18    of the application to receive electronic notifications, a
19    message in substantially the following form:
20            "By completing this form, I understand that I have
21        agreed to be notified via email or other electronic
22        means regarding those governmental notifications that
23        I have selected. I understand that, regarding those
24        issues for which I have selected electronic
25        notification, I will possibly not receive

 

 

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1        notifications through the United States mail. I
2        understand that any unit of local government or county
3        officer may rescind this agreement by electronic
4        notification and that any unit of local government may
5        also notify me regarding any issue through the United
6        States mail if the unit of local government or county
7        officer desires in addition to the electronic
8        notification I have selected."; and
9        (5) must allow an electronic notification recipient to
10    rescind his or her electronic notification request either
11    through the mail or electronically.
 
12    Section 25. Ancillary uses. Upon request of an electronic
13notification recipient, a unit of local government or county
14officer may utilize the electronic notification delivery
15system to notify people of information that is not statutorily
16required.
 
17    Section 30. Intergovernmental cooperation. A unit of local
18government or county officer may enter into an
19intergovernmental agreement with another unit of local
20government or county officer to provide electronic
21notifications as provided in this Act and to share data for
22that purpose.