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


Sen. Ram Villivalam

Filed: 4/20/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 2459 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Electronic Commerce Security Act is
5amended by changing Section 25-101 and by adding Section
625-120 as follows:
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



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1agency rule (or court rule where appropriate), giving due
2consideration to security, specify:
3        (1) the manner and format in which such electronic
4    records must be created, sent, received, and stored;
5        (2) if such electronic records must be signed, the
6    type of electronic signature required, the manner and
7    format in which such signature must be affixed to the
8    electronic record, and the identity of, or criteria that
9    must be met by, any third party used by the person filing
10    the document to facilitate the process;
11        (3) control processes and procedures as appropriate to
12    ensure adequate integrity, security, confidentiality, and
13    auditability of such electronic records; and
14        (4) any other required attributes for such electronic
15    records that are currently specified for corresponding
16    paper documents, or reasonably necessary under the
17    circumstances.
18    (c) All rules adopted by a State agency shall include the
19relevant minimum security requirements established by the
20Department of Central Management Services, if any.
21    (d) Whenever any rule of law requires or authorizes the
22filing of any information, notice, lien, or other document or
23record with any State agency, a filing made by an electronic
24record shall have the same force and effect as a filing made on
25paper in all cases where the State agency has authorized or
26agreed to such electronic filing and the filing is made in



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1accordance with applicable rules or agreement.
2    (e) Except as otherwise provided under Section 25-120,
3nothing Nothing in this Act shall be construed to require any
4State agency to use or to permit the use of electronic records
5or electronic signatures.
6(Source: P.A. 90-759, eff. 7-1-99.)
7    (5 ILCS 175/25-120 new)
8    Sec. 25-120. State agency electronic signature waiver.
9    (a) Notwithstanding any provision of this Act to the
10contrary, the Department of Transportation, the Illinois State
11Toll Highway Authority, and the Capital Development Board
12shall each accept the use of electronic signatures in
13transactions between those State agencies and other persons or
14entities, unless all parties to the transaction waive the
15right to use electronic signatures.
16    (b) The requirements of subsection (a) shall not apply to
17transactions of technical submissions, which shall be
18submitted in accordance with the following Acts: (i) the
19Illinois Architecture Practice Act of 1989; (ii) the
20Professional Engineering Practice Act of 1989; (iii) the
21Illinois Structural Engineering Practice Act of 1989; and (iv)
22the Illinois Professional Land Surveyor Act of 1989.
23    (c) For purposes of this Section, "technical submissions"
24has the same meanings as used under the Illinois Architecture
25Practice Act of 1989, the Professional Engineering Practice



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1Act of 1989, and the Illinois Structural Engineering Practice
2Act of 1989, and includes any similar documents that may be
3submitted in performing requirements under the Illinois
4Professional Land Surveyor Act of 1989.".