Public Act 102-0572
 
SB2459 EnrolledLRB102 12819 RJF 18160 b


  
    AN ACT concerning government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Electronic Commerce Security Act is amended 
by changing Section 25-101 and  by adding Section 25-120 as 
follows:
 



    (5 ILCS 175/25-101)



    Sec. 25-101. State agency use of electronic records. 


    (a) Each State agency shall determine if, and the extent 
to which, it will
send and receive
electronic records and 
electronic signatures to and from other persons and
otherwise 
create, use, store,
and rely upon electronic records and 
electronic signatures. 

    (b) In any case where a State agency decides to send or 
receive electronic
records, or to
accept document filings by 
electronic records, the State agency may, by
appropriate 
agency rule (or
court rule where appropriate), giving due 
consideration to security, specify:

        (1) the manner and format in which such electronic 
    records must be
created, sent,
received, and stored;

        (2) if such electronic records must be signed, the 
    type of electronic
signature
required, the manner and 
    format in which such signature must be affixed to the

    electronic record, and the identity of, or criteria that 
    must be met by, any
third
party used by the person filing 
    the document to facilitate the process;

        (3) control processes and procedures as appropriate to 
    ensure adequate
integrity,
security, confidentiality, and 
    auditability of such electronic records; and

        (4) any other required attributes for such electronic 
    records that are
currently
specified for corresponding 
    paper documents, or reasonably necessary under
the 
    circumstances.

    (c) All rules adopted by a State agency shall include the 
relevant
minimum security
requirements established by the 
Department of Central Management Services, if
any.

    (d) Whenever any rule of law requires or authorizes the 
filing of any
information, notice, lien,
or other document or 
record with any State agency, a filing made by an
electronic 
record shall have the
same force and effect as a filing made on 
paper in all cases where the State
agency has authorized or

agreed to such electronic filing and the filing is made in 
accordance with
applicable rules or
agreement.

    (e) Except as otherwise provided under Section 25-120, 
nothing Nothing in this Act shall be construed to require any 
State agency to
use or to permit
the use of electronic records 
or electronic signatures.

(Source: P.A. 90-759, eff. 7-1-99.)

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