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| 1 | AN ACT concerning business. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Section 5. The Uniform Electronic Transactions Act is | ||||||
| 5 | amended by changing Section 18 as follows: | ||||||
| 6 | (815 ILCS 333/18) | ||||||
| 7 | Sec. 18. Acceptance and distribution of electronic records | ||||||
| 8 | by governmental agencies. | ||||||
| 9 | (a) Except as otherwise provided in Section 12(f), each | ||||||
| 10 | governmental agency of this State shall determine whether, and | ||||||
| 11 | the extent to which, it will send and accept electronic | ||||||
| 12 | records and electronic signatures to and from other persons | ||||||
| 13 | and otherwise create, generate, communicate, store, process, | ||||||
| 14 | use, and rely upon electronic records and electronic | ||||||
| 15 | signatures. | ||||||
| 16 | (b) To the extent that a governmental agency uses | ||||||
| 17 | electronic records and electronic signatures under subsection | ||||||
| 18 | (a), the governmental agency, giving due consideration to | ||||||
| 19 | security, may Department of Innovation and Technology and the | ||||||
| 20 | Secretary of State, pursuant to their rulemaking authority | ||||||
| 21 | under other law and giving due consideration to security, | ||||||
| 22 | shall, no later than 6 months after the effective date of this | ||||||
| 23 | amendatory Act of the 103rd General Assembly, adopt | ||||||
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| 1 | administrative rules that specify: | ||||||
| 2 | (1) the manner and format in which the electronic | ||||||
| 3 | records must be created, generated, sent, communicated, | ||||||
| 4 | received, and stored and the systems established for those | ||||||
| 5 | purposes; | ||||||
| 6 | (2) if electronic records must be signed by electronic | ||||||
| 7 | means, the type of electronic signature required, the | ||||||
| 8 | manner and format in which the electronic signature must | ||||||
| 9 | be affixed to the electronic record, and the identity of, | ||||||
| 10 | or criteria that must be met by, any third party used by a | ||||||
| 11 | person filing a document to facilitate the process; | ||||||
| 12 | (3) control processes and procedures as appropriate to | ||||||
| 13 | ensure adequate preservation, disposition, integrity, | ||||||
| 14 | security, confidentiality, and auditability of electronic | ||||||
| 15 | records; and | ||||||
| 16 | (4) any other required attributes for electronic | ||||||
| 17 | records which are specified for corresponding | ||||||
| 18 | nonelectronic records or reasonably necessary under the | ||||||
| 19 | circumstances. | ||||||
| 20 | (b-5) Pursuant to their rulemaking authority under other | ||||||
| 21 | laws, the Secretary of State and the Department of Innovation | ||||||
| 22 | and Technology may adopt rules setting forth their respective | ||||||
| 23 | minimum requirements under subsection (b) of this Section. Any | ||||||
| 24 | rules adopted by the Secretary of State under this subsection | ||||||
| 25 | shall only apply with respect to the Secretary of State and any | ||||||
| 26 | rules adopted by the Department of Innovation and Technology | ||||||
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| 1 | under this subsection shall only apply with respect to client | ||||||
| 2 | agencies, as that term is defined in the Department of | ||||||
| 3 | Innovation and Technology Act. | ||||||
| 4 | (c) Except as otherwise provided in Section 12(f), this | ||||||
| 5 | Act does not require a governmental agency of this State to use | ||||||
| 6 | or permit the use of electronic records or electronic | ||||||
| 7 | signatures. | ||||||
| 8 | (Source: P.A. 102-38, eff. 6-25-21; 103-390, eff. 7-28-23.) | ||||||