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| Public Act 102-0213 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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.
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