Illinois General Assembly - Full Text of SB1611
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Full Text of SB1611  102nd General Assembly

SB1611enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB1611 EnrolledLRB102 16184 RJF 21563 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Secretary of State Act is amended by adding
5Section 35 as follows:
 
6    (15 ILCS 305/35 new)
7    Sec. 35. Authority to accept electronic signatures.
8    (a) Through the adoption of administrative rules, the
9Secretary may authorize the filing of documents with his or
10her office that have been signed by electronic means.
11    (b) The administrative rules adopted by the Secretary
12shall set forth the following:
13        (1) the type of electronic signature required;
14        (2) the manner and format in which the electronic
15    signature must be affixed to the electronic record;
16        (3) the types of transactions which may be filed with
17    his or her office with electronic signatures;
18        (4) the procedures for seeking certification of
19    compliance with electronic signature requirements; and
20        (5) the date on which the Secretary will begin
21    accepting electronic signatures.
22    (c) Any entity seeking to provide services to third
23parties for the execution of electronic signatures for filing

 

 

SB1611 Enrolled- 2 -LRB102 16184 RJF 21563 b

1with the Secretary of State shall apply for a certification of
2compliance with the requirements for the submission of
3electronic signatures. To receive a certification of
4compliance, the entity must establish the ability to comply
5with all of the requirements of this Section and the
6administrative rules adopted pursuant to this Section. There
7is no limitation on the number of entities that may be issued a
8certification of compliance. The Secretary shall include on
9its Internet website a list of the entities that have been
10issued a certification of compliance.
11    (d) The Secretary shall only accept electronic signatures
12created by use of the services of an entity that has received a
13certification of compliance as set forth in this Section.
14    (e) An electronic signature must meet all of the following
15requirements:
16        (1) Be executed or adopted by a person with the intent
17    to sign the document so as to indicate the person's
18    approval of the information contained in the document.
19        (2) Be attached to or logically associated with the
20    information contained in the document being signed.
21        (3) Be capable of reliable identification and
22    authentication of the person as the signer. Identification
23    and authentication may be accomplished through additional
24    security procedures or processes if reliably correlated to
25    the electronic signature.
26        (4) Be linked to the document in a manner that would

 

 

SB1611 Enrolled- 3 -LRB102 16184 RJF 21563 b

1    invalidate the electronic signature if the document is
2    changed.
3        (5) Be linked to the document so as to preserve its
4    integrity as an accurate and complete record for the full
5    retention period of the document.
6        (6) Be compatible with the standards and technology
7    for electronic signatures that are generally used in
8    commerce and industry and by state governments.
9    (f) If the Secretary determines an electronic signature is
10not in compliance with this Section or the administrative
11rules adopted pursuant to this Section, or is not in
12compliance with other applicable statutory or regulatory
13provisions, the Secretary may refuse to accept the signature.
14    (g) Electronic signatures accepted by the Secretary of
15State shall have the same force and effect as manual
16signatures.
17    (h) Electronic delivery of records accepted by the
18Secretary of State shall have the same force and effect as
19physical delivery of records.
20    (i) Electronic records and electronic signatures accepted
21by the Secretary of State shall be admissible in all
22administrative, quasi-judicial, and judicial proceedings. In
23any such proceeding, nothing in the application of the rules
24of evidence shall apply so as to deny the admissibility of an
25electronic record or electronic signature into evidence on the
26sole ground that it is an electronic record or electronic

 

 

SB1611 Enrolled- 4 -LRB102 16184 RJF 21563 b

1signature, or on the grounds that it is not in its original
2form or is not an original. Information in the form of an
3electronic record shall be given due evidentiary weight by the
4trier of fact.