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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Local | ||||||
5 | Government Electronic Notification Act. | ||||||
6 | Section 5. Purpose and construction. | ||||||
7 | (a) This Act is intended to facilitate communication from | ||||||
8 | units of local government or county officers to residents and | ||||||
9 | taxpayers. | ||||||
10 | (b) The General Assembly finds the following: | ||||||
11 | (1) Illinois law requires notification by United | ||||||
12 | States mail to interested parties in many circumstances. | ||||||
13 | (2) Many Illinois residents and taxpayers desire to | ||||||
14 | receive notifications electronically for ease, speed, | ||||||
15 | efficiency, security, and accountability. | ||||||
16 | (3) Electronic communications can be less expensive | ||||||
17 | while providing a greater service to taxpayers and | ||||||
18 | residents. | ||||||
19 | (4) No resident or taxpayer should ever be required to | ||||||
20 | receive electronically any notifications that are | ||||||
21 | currently required to be sent out by United States mail. | ||||||
22 | Section 7. Applicability. |
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1 | (a) Notwithstanding any other provision of this Act, any | ||||||
2 | electronic notifications authorized by statute shall continue | ||||||
3 | to be authorized and the General Assembly by law may authorize | ||||||
4 | other electronic notifications. | ||||||
5 | (b) This Act does not apply to a school district. | ||||||
6 | Section 10. Definitions. | ||||||
7 | (a) As used in this Act: | ||||||
8 | "Electronic notification delivery system" means a computer | ||||||
9 | program that notifies interested parties of a unit of local | ||||||
10 | government's action and that may have features that confirm | ||||||
11 | physical addresses and email addresses, confirm ownership, and | ||||||
12 | confirm receipt of an electronic notification. | ||||||
13 | "Electronic notification recipient" means a person who | ||||||
14 | affirmatively informs a unit of local government or county | ||||||
15 | officer that he or she would like to receive electronically a | ||||||
16 | notification that would have been sent by the unit of local | ||||||
17 | government or county officer via United States mail. | ||||||
18 | (b) For the purposes of this Act, an identity is confirmed | ||||||
19 | if: | ||||||
20 | (1) the electronic notification recipient provides a | ||||||
21 | birthdate and Social Security number that can be matched | ||||||
22 | with the records of the Secretary of State or the county | ||||||
23 | clerk; | ||||||
24 | (2) a mailing sent by United States mail to the | ||||||
25 | electronic notification recipient is responded to |
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1 | digitally with a unique code; | ||||||
2 | (3) the electronic notification recipient uses a | ||||||
3 | digital signature as defined in the Electronic Commerce | ||||||
4 | Security Act; or | ||||||
5 | (4) the electronic notification recipient signs up in | ||||||
6 | person with the unit of local government or county officer | ||||||
7 | and provides a government-issued identification. | ||||||
8 | (c) For the purposes of this Act, a physical address of an | ||||||
9 | electronic notification recipient is confirmed if the | ||||||
10 | electronic notification recipient's address is matched with | ||||||
11 | the records of the Secretary of State and an email address of | ||||||
12 | an electronic notification recipient is confirmed when an email | ||||||
13 | to that email address has been delivered and affirmatively | ||||||
14 | responded to in a way that can be tracked by the electronic | ||||||
15 | notification delivery system. | ||||||
16 | (d) For the purposes of this Act, an electronic | ||||||
17 | notification recipient's ownership is confirmed if his or her | ||||||
18 | name is matched with the records of the county recorder of | ||||||
19 | deeds. | ||||||
20 | (e) For the purposes of this Act, the receipt of an | ||||||
21 | electronic notification is confirmed if an electronic | ||||||
22 | notification recipient: | ||||||
23 | (1) responds to the electronic notification; or | ||||||
24 | (2) reads the electronic notification in an electronic | ||||||
25 | notification delivery system that is able to track that an | ||||||
26 | email has been opened. |
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1 | Section 15. Electronic notification system. Units of local | ||||||
2 | government and county officers may establish a process to allow | ||||||
3 | people to select electronic notifications through an | ||||||
4 | electronic notification delivery system for governmental | ||||||
5 | mailings that are being sent by United States mail. Any process | ||||||
6 | established for this purpose: | ||||||
7 | (1) must not require all notifications from the unit of | ||||||
8 | local government or county officer be electronic and must | ||||||
9 | allow people to opt in or opt out for specific types of | ||||||
10 | mailings; | ||||||
11 | (2) must include a mechanism for confirming the | ||||||
12 | identity of individuals opting in for statutorily required | ||||||
13 | notifications; | ||||||
14 | (3) must include a mechanism to confirm ownership of | ||||||
15 | property where the statutory notification requirement is | ||||||
16 | based on ownership; | ||||||
17 | (4) must present to the submitter, prior to completion | ||||||
18 | of the application to receive electronic notifications, a | ||||||
19 | message in substantially the following form: | ||||||
20 | "By completing this form, I understand that I have | ||||||
21 | agreed to be notified via email or other electronic | ||||||
22 | means regarding those governmental notifications that | ||||||
23 | I have selected. I understand that, regarding those | ||||||
24 | issues for which I have selected electronic | ||||||
25 | notification, I will possibly not receive |
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1 | notifications through the United States mail. I | ||||||
2 | understand that any unit of local government or county | ||||||
3 | officer may rescind this agreement by electronic | ||||||
4 | notification and that any unit of local government may | ||||||
5 | also notify me regarding any issue through the United | ||||||
6 | States mail if the unit of local government or county | ||||||
7 | officer desires in addition to the electronic | ||||||
8 | notification I have selected."; and | ||||||
9 | (5) must allow an electronic notification recipient to | ||||||
10 | rescind his or her electronic notification request either | ||||||
11 | through the mail or electronically.
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12 | Section 25. Ancillary uses. Upon request of an electronic | ||||||
13 | notification recipient, a unit of local government or county | ||||||
14 | officer may utilize the electronic notification delivery | ||||||
15 | system to notify people of information that is not statutorily | ||||||
16 | required. | ||||||
17 | Section 30. Intergovernmental cooperation. A unit of local | ||||||
18 | government or county officer may enter into an | ||||||
19 | intergovernmental agreement with another unit of local | ||||||
20 | government or county officer to provide electronic | ||||||
21 | notifications as provided in this Act and to share data for | ||||||
22 | that purpose.
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