Full Text of SB0613 94th General Assembly
SB0613ham002 94TH GENERAL ASSEMBLY
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Rep. Robert S. Molaro
Filed: 5/1/2006
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09400SB0613ham002 |
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LRB094 10169 RCE 58666 a |
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| AMENDMENT TO SENATE BILL 613
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| AMENDMENT NO. ______. Amend Senate Bill 613 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Electronic Commerce Security Act is amended | 5 |
| by changing Sections 5-115, 5-120, and 5-125 as follows:
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| (5 ILCS 175/5-115)
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| Sec. 5-115. Electronic records.
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| (a) Where a rule of law requires information to be | 9 |
| "written" or
"in writing", or provides for
certain consequences | 10 |
| if it is not, an electronic record satisfies that rule of
law.
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| (b) The provisions of this Section shall not apply:
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| (1) when its application would involve a construction | 13 |
| of a rule of law
that
is clearly
inconsistent with the | 14 |
| 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 | 16 |
| requirement that information be "in
writing", "written",
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| or "printed" shall not by itself be sufficient to establish | 18 |
| such intent;
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| (2) to any rule of law governing the creation or | 20 |
| execution of a will or
trust, living
will, or healthcare | 21 |
| power of attorney; and
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| (3) to any record that serves as a unique and | 23 |
| transferable instrument of
rights and
obligations | 24 |
| including, without limitation, negotiable instruments and |
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LRB094 10169 RCE 58666 a |
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| other
instruments of title
wherein possession of the | 2 |
| instrument is deemed to confer title, unless an
electronic | 3 |
| version of
such record is created, stored, and transferred | 4 |
| in a manner that allows for the
existence of only
one | 5 |
| unique, identifiable, and unalterable original with the | 6 |
| functional
attributes of an equivalent
physical | 7 |
| instrument, that can be possessed by only one person, and | 8 |
| which cannot
be copied
except in a form that is readily | 9 |
| identifiable as a copy ; subsection (a) does apply, however, | 10 |
| to documents transferring or releasing interests in real | 11 |
| estate that are recorded with the county recorder .
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| (Source: P.A. 90-759, eff. 7-1-99.)
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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 | 16 |
| for certain
consequences if a
document is not signed, an | 17 |
| electronic signature satisfies that rule of law.
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| (b) An electronic signature may be proved in any manner, | 19 |
| including by
showing that a
procedure existed by which a party | 20 |
| must of necessity have executed a symbol or
security procedure | 21 |
| for
the purpose of verifying that an electronic record is that | 22 |
| 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 | 25 |
| of a rule of law
that is clearly
inconsistent with the | 26 |
| 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 | 28 |
| requirement of a "signature" or that a
record be
"signed" | 29 |
| shall not by itself be sufficient to establish such intent;
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| (2) to any rule of law governing the creation or | 31 |
| execution of a will or
trust, living
will, or healthcare | 32 |
| power of attorney; and
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| (3) to any record that serves as a unique and |
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LRB094 10169 RCE 58666 a |
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| transferable instrument of
rights and
obligations | 2 |
| including, without limitation, negotiable instruments and | 3 |
| other
instruments of title
wherein possession of the | 4 |
| instrument is deemed to confer title, unless an
electronic | 5 |
| version of
such record is created, stored, and transferred | 6 |
| in a manner that allows for the
existence of only
one | 7 |
| unique, identifiable, and unalterable original with the | 8 |
| functional
attributes of an equivalent
physical | 9 |
| instrument, that can be possessed by only one person, and | 10 |
| which cannot
be copied
except in a form that is readily | 11 |
| identifiable as a copy ; subsection (a) does apply, however, | 12 |
| to documents transferring or releasing interests in real | 13 |
| estate that are recorded with the county recorder .
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| (Source: P.A. 90-759, eff. 7-1-99.)
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| (5 ILCS 175/5-125)
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| Sec. 5-125. Original.
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| (a) Where a rule of law requires information to be | 18 |
| presented or retained in
its original form,
or provides | 19 |
| consequences for the information not being presented or | 20 |
| retained in
its original form, that
rule of law is satisfied by | 21 |
| an electronic record if there exists reliable
assurance as to | 22 |
| the integrity of the
information from the time when it was | 23 |
| first generated in its final form, as an
electronic record or
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| otherwise.
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| (b) The criteria for assessing integrity shall be whether | 26 |
| the information
has remained
complete and unaltered, apart from | 27 |
| the addition of any endorsement or other
information that | 28 |
| arises in
the normal course of communication, storage and | 29 |
| display. The standard of
reliability required to ensure that | 30 |
| information has remained complete and
unaltered shall be
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| assessed in the light of the purpose for which the information | 32 |
| was generated
and in the light of all the
relevant | 33 |
| circumstances.
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LRB094 10169 RCE 58666 a |
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| (c) The provisions of this Section do not apply to any | 2 |
| record that serves as
a unique and
transferable instrument of | 3 |
| rights and obligations including, without
limitation, | 4 |
| negotiable instruments and
other instruments of title wherein | 5 |
| possession of the instrument is deemed to
confer title, unless | 6 |
| an
electronic version of such record is created, stored, and | 7 |
| transferred in a
manner that allows for the
existence of only | 8 |
| one unique, identifiable, and unalterable original with the
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| functional attributes of an
equivalent physical instrument, | 10 |
| that can be possessed by only one person, and
which cannot be | 11 |
| copied
except in a form that is readily identifiable as a copy ; | 12 |
| subsections (a) and (b) do apply, however, to documents | 13 |
| transferring or releasing interests in real estate that are | 14 |
| recorded with the county recorder .
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| (Source: P.A. 90-759, eff. 7-1-99.)".
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