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Public Act 102-0213


 

Public Act 0213 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0213
 
SB1611 EnrolledLRB102 16184 RJF 21563 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Secretary of State Act is amended by adding
Section 35 as follows:
 
    (15 ILCS 305/35 new)
    Sec. 35. Authority to accept electronic signatures.
    (a) Through the adoption of administrative rules, the
Secretary may authorize the filing of documents with his or
her office that have been signed by electronic means.
    (b) The administrative rules adopted by the Secretary
shall set forth the following:
        (1) the type of electronic signature required;
        (2) the manner and format in which the electronic
    signature must be affixed to the electronic record;
        (3) the types of transactions which may be filed with
    his or her office with electronic signatures;
        (4) the procedures for seeking certification of
    compliance with electronic signature requirements; and
        (5) the date on which the Secretary will begin
    accepting electronic signatures.
    (c) Any entity seeking to provide services to third
parties for the execution of electronic signatures for filing
with the Secretary of State shall apply for a certification of
compliance with the requirements for the submission of
electronic signatures. To receive a certification of
compliance, the entity must establish the ability to comply
with all of the requirements of this Section and the
administrative rules adopted pursuant to this Section. There
is no limitation on the number of entities that may be issued a
certification of compliance. The Secretary shall include on
its Internet website a list of the entities that have been
issued a certification of compliance.
    (d) The Secretary shall only accept electronic signatures
created by use of the services of an entity that has received a
certification of compliance as set forth in this Section.
    (e) An electronic signature must meet all of the following
requirements:
        (1) Be executed or adopted by a person with the intent
    to sign the document so as to indicate the person's
    approval of the information contained in the document.
        (2) Be attached to or logically associated with the
    information contained in the document being signed.
        (3) Be capable of reliable identification and
    authentication of the person as the signer. Identification
    and authentication may be accomplished through additional
    security procedures or processes if reliably correlated to
    the electronic signature.
        (4) Be linked to the document in a manner that would
    invalidate the electronic signature if the document is
    changed.
        (5) Be linked to the document so as to preserve its
    integrity as an accurate and complete record for the full
    retention period of the document.
        (6) Be compatible with the standards and technology
    for electronic signatures that are generally used in
    commerce and industry and by state governments.
    (f) If the Secretary determines an electronic signature is
not in compliance with this Section or the administrative
rules adopted pursuant to this Section, or is not in
compliance with other applicable statutory or regulatory
provisions, the Secretary may refuse to accept the signature.
    (g) Electronic signatures accepted by the Secretary of
State shall have the same force and effect as manual
signatures.
    (h) Electronic delivery of records accepted by the
Secretary of State shall have the same force and effect as
physical delivery of records.
    (i) Electronic records and electronic signatures accepted
by the Secretary of State shall be admissible in all
administrative, quasi-judicial, and judicial proceedings. In
any such proceeding, nothing in the application of the rules
of evidence shall apply so as to deny the admissibility of an
electronic record or electronic signature into evidence on the
sole ground that it is an electronic record or electronic
signature, or on the grounds that it is not in its original
form or is not an original. Information in the form of an
electronic record shall be given due evidentiary weight by the
trier of fact.

Effective Date: 1/1/2022