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.