93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4886


 
Introduced 02/04/04, by Ruth Munson, JoAnn D. Osmond
 
SYNOPSIS AS INTRODUCED:
 		














5 ILCS 175/5-120









    Amends the Electronic Commerce Security Act.  Provides that government agencies are authorized but not required to accept electronic signature technology.  Requires a government agency that accepts electronic signatures to take adequate precautions to protect personal information. Effective immediately.
















LRB093 20877 RAS 46827 b

















 


 


A BILL FOR









 











HB4886

LRB093 20877 RAS 46827 b






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    AN ACT concerning electronic signatures.

 
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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 Electronic Commerce Security Act is amended  
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by changing Section 5-120 as follows:
 



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    (5 ILCS 175/5-120)



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    Sec. 5-120. Electronic signatures. 

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    (a) Where a rule of law requires a signature, or provides 
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for certain
consequences if a
document is not signed, an 
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electronic signature satisfies that rule of law. A government 
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agency is authorized, but is not required, to accept electronic 
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signatures. In addition to complying with any security 
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requirements of this Act, a government agency that accepts 
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electronic signatures must take adequate precautions to 
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protect the signer's personal information, which may include 
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name, address, telephone number, and social security number.


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    (b) An electronic signature may be proved in any manner, 
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including by
showing that a
procedure existed by which a party 
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must of necessity have executed a symbol or
security procedure 
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for
the purpose of verifying that an electronic record is that 
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of such party in
order to proceed further with a
transaction.

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    (c) The provisions of this Section shall not apply:


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        (1) when its application would involve a construction 
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    of a rule of law
that is clearly
inconsistent with the 
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    manifest intent of the lawmaking body or repugnant to the

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    context of the
same rule of law, provided that the mere 
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    requirement of a "signature" or that a
record be
"signed" 
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    shall not by itself be sufficient to establish such intent;


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        (2) to any rule of law governing the creation or 
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    execution of a will or
trust, living
will, or healthcare 
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    power of attorney; and


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        (3) to any record that serves as a unique and 
 


 






HB4886
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LRB093 20877 RAS 46827 b




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    transferable instrument of
rights and
obligations 
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    including, without limitation, negotiable instruments and 
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    other
instruments of title
wherein possession of the 
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    instrument is deemed to confer title, unless an
electronic 
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    version of
such record is created, stored, and transferred 
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    in a manner that allows for the
existence of only
one 
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    unique, identifiable, and unalterable original with the 
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    functional
attributes of an equivalent
physical 
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    instrument, that can be possessed by only one person, and 
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    which cannot
be copied
except in a form that is readily 
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    identifiable as a copy.

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

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.