Illinois General Assembly - Full Text of SB2459
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Full Text of SB2459  102nd General Assembly




SB2459 EnrolledLRB102 12819 RJF 18160 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Electronic Commerce Security Act is amended
5by changing Section 25-101 and by adding Section 25-120 as
7    (5 ILCS 175/25-101)
8    Sec. 25-101. State agency use of electronic records.
9    (a) Each State agency shall determine if, and the extent
10to which, it will send and receive electronic records and
11electronic signatures to and from other persons and otherwise
12create, use, store, and rely upon electronic records and
13electronic signatures.
14    (b) In any case where a State agency decides to send or
15receive electronic records, or to accept document filings by
16electronic records, the State agency may, by appropriate
17agency rule (or court rule where appropriate), giving due
18consideration to security, specify:
19        (1) the manner and format in which such electronic
20    records must be created, sent, received, and stored;
21        (2) if such electronic records must be signed, the
22    type of electronic signature required, the manner and
23    format in which such signature must be affixed to the



SB2459 Enrolled- 2 -LRB102 12819 RJF 18160 b

1    electronic record, and the identity of, or criteria that
2    must be met by, any third party used by the person filing
3    the document to facilitate the process;
4        (3) control processes and procedures as appropriate to
5    ensure adequate integrity, security, confidentiality, and
6    auditability of such electronic records; and
7        (4) any other required attributes for such electronic
8    records that are currently specified for corresponding
9    paper documents, or reasonably necessary under the
10    circumstances.
11    (c) All rules adopted by a State agency shall include the
12relevant minimum security requirements established by the
13Department of Central Management Services, if any.
14    (d) Whenever any rule of law requires or authorizes the
15filing of any information, notice, lien, or other document or
16record with any State agency, a filing made by an electronic
17record shall have the same force and effect as a filing made on
18paper in all cases where the State agency has authorized or
19agreed to such electronic filing and the filing is made in
20accordance with applicable rules or agreement.
21    (e) Except as otherwise provided under Section 25-120,
22nothing Nothing in this Act shall be construed to require any
23State agency to use or to permit the use of electronic records
24or electronic signatures.
25(Source: P.A. 90-759, eff. 7-1-99.)



SB2459 Enrolled- 3 -LRB102 12819 RJF 18160 b

1    (5 ILCS 175/25-120 new)
2    Sec. 25-120. State agency electronic signature waiver.
3    (a) Notwithstanding any provision of this Act to the
4contrary, the Department of Transportation, the Illinois State
5Toll Highway Authority, and the Capital Development Board
6shall each accept the use of electronic signatures in
7transactions between those State agencies and other persons or
8entities, unless all parties to the transaction waive the
9right to use electronic signatures.
10    (b) The requirements of subsection (a) shall not apply to
11transactions of technical submissions, which shall be
12submitted in accordance with the following Acts: (i) the
13Illinois Architecture Practice Act of 1989; (ii) the
14Professional Engineering Practice Act of 1989; (iii) the
15Illinois Structural Engineering Practice Act of 1989; and (iv)
16the Illinois Professional Land Surveyor Act of 1989.
17    (c) For purposes of this Section, "technical submissions"
18has the same meanings as used under the Illinois Architecture
19Practice Act of 1989, the Professional Engineering Practice
20Act of 1989, and the Illinois Structural Engineering Practice
21Act of 1989, and includes any similar documents that may be
22submitted in performing requirements under the Illinois
23Professional Land Surveyor Act of 1989.