Full Text of SB1941 98th General Assembly
SB1941enr 98TH GENERAL ASSEMBLY |
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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 1. Short title. This Act may be cited as the | 5 | | Uniform Electronic Legal Material Act. | 6 | | Section 2. Definitions. | 7 | | (1) "Electronic" means relating to technology having | 8 | | electrical, digital, magnetic,
wireless, optical, | 9 | | electromagnetic, or similar capabilities.
| 10 | | (2) "Legal material" means, whether or not in effect:
| 11 | | (A) the Illinois Constitution;
| 12 | | (B) the Laws of Illinois;
| 13 | | (C) the Illinois Compiled Statutes;
| 14 | | (D) the Illinois Administrative Code;
| 15 | | (E) the following categories of State administrative | 16 | | agency decisions: final administrative decisions; | 17 | | (F) reported decisions of the following State courts: | 18 | | Illinois Supreme Court, Illinois Appellate Court, and | 19 | | Illinois Court of Claims; or
| 20 | | (G) Illinois Supreme Court rules.
| 21 | | (3) "Official publisher" means:
| 22 | | (A) for the Illinois Constitution, the Secretary of | 23 | | State;
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| 1 | | (B) for the Laws of Illinois, the Secretary of State;
| 2 | | (C) for Illinois Compiled Statutes, the Secretary of | 3 | | State; | 4 | | (D) for a rule published in the Illinois Administrative | 5 | | Code, the Secretary of State;
| 6 | | (E) for a rule not published in the Illinois | 7 | | Administrative Code, the State agency adopting the rule;
| 8 | | (F) for a State agency decision included under | 9 | | paragraph (2)(E), the State agency issuing the decision;
| 10 | | (G) for a State court decision included under paragraph | 11 | | (2)(F), the Illinois Supreme Court, Reporter of Decisions;
| 12 | | (H) for State court rules, the Illinois Supreme Court; | 13 | | or | 14 | | (I) for Decisions of the Court of Claims, the Secretary | 15 | | of State.
| 16 | | (4) "Publish" means to display, present, or release to the | 17 | | public, or cause to be displayed, presented, or released to the | 18 | | public, by the official publisher.
| 19 | | (5) "Record" means information that is inscribed on a | 20 | | tangible medium or that is stored in an electronic or other | 21 | | medium and is retrievable in perceivable form.
| 22 | | (6) "State" means a state of the United States, the | 23 | | District of Columbia, Puerto Rico, the United States Virgin | 24 | | Islands, or any territory or insular possession subject to the | 25 | | jurisdiction of the United States.
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| 1 | | Section 3. Applicability. This Act applies to all legal | 2 | | material in an electronic record that is designated as official | 3 | | under Section 4 of this Act and first published electronically | 4 | | on or after the effective date of this Act. | 5 | | Section 4. Legal material in official electronic record. | 6 | | (a) If an official publisher publishes legal material only | 7 | | in an electronic record, the publisher shall:
| 8 | | (1) designate the electronic record as official; and
| 9 | | (2) comply with Sections 5, 7, and 8 of this Act.
| 10 | | (b) An official publisher that publishes legal material in | 11 | | an electronic record and also publishes the material in a | 12 | | record other than an electronic record may designate the | 13 | | electronic record as official if the publisher complies with | 14 | | Sections 5, 7, and 8 of this Act.
| 15 | | Section 5. Authentication of official electronic record. | 16 | | An official publisher of legal material in an electronic record | 17 | | that is designated as official under Section 4 of this Act | 18 | | shall authenticate the record. To authenticate an electronic | 19 | | record, the publisher shall provide a method for a user to | 20 | | determine that the record received by the user from the | 21 | | publisher is unaltered from the official record published by | 22 | | the publisher. | 23 | | Section 6. Effect of authentication. |
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| 1 | | (a) Legal material in an electronic record that is | 2 | | authenticated under Section 5 of this Act is presumed to be an | 3 | | accurate copy of the legal material.
| 4 | | (b) If another state has adopted a law substantially | 5 | | similar to this Act, legal material in an electronic record | 6 | | that is designated as official and authenticated by the | 7 | | official publisher in that state is presumed to be an accurate | 8 | | copy of the legal material.
| 9 | | (c) A party contesting the authentication of legal material | 10 | | in an electronic record authenticated under Section 5 of this | 11 | | Act has the burden of proving by a preponderance of the | 12 | | evidence that the record is not authentic.
| 13 | | Section 7. Preservation and security of legal material in | 14 | | official electronic record. | 15 | | (a) An official publisher of legal material in an | 16 | | electronic record that is or was designated as official under | 17 | | Section 4 of this Act shall provide for the preservation and | 18 | | security of the record in an electronic form or a form that is | 19 | | not electronic.
| 20 | | (b) If legal material is preserved under subsection (a) in | 21 | | an electronic record, the official publisher shall: | 22 | | (1) ensure the integrity of the record;
| 23 | | (2) provide for backup and disaster recovery of the | 24 | | record; and
| 25 | | (3) ensure the continuing usability of the material.
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| 1 | | Section 8. Public access to legal material in official | 2 | | electronic record. An official publisher of legal material in | 3 | | an electronic record that is required to be preserved under | 4 | | Section 7 of this Act shall ensure that the material is | 5 | | reasonably available for use by the public on a permanent | 6 | | basis. | 7 | | Section 9. Standards. In implementing this Act, an official | 8 | | publisher of legal material in an electronic record shall | 9 | | consider: | 10 | | (1) standards and practices of other jurisdictions;
| 11 | | (2) the most recent standards regarding authentication of, | 12 | | preservation and security of, and public access to, legal | 13 | | material in an electronic record and other electronic records, | 14 | | as promulgated by national standard-setting bodies;
| 15 | | (3) the needs of users of legal material in an electronic | 16 | | record;
| 17 | | (4) the views of governmental officials and entities and | 18 | | other interested persons; and
| 19 | | (5) to the extent practicable, methods and technologies for | 20 | | the authentication of, preservation and security of, and public | 21 | | access to, legal material which are compatible with the methods | 22 | | and technologies used by other official publishers in this | 23 | | state and in other states that have adopted a law substantially | 24 | | similar to this Act.
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| 1 | | Section 10. Uniformity of application and construction. In | 2 | | applying and construing this uniform Act, consideration must be | 3 | | given to the need to promote uniformity of the law with respect | 4 | | to its subject matter among states that enact it. | 5 | | Section 11. Relation To Electronic Signatures In Global And | 6 | | National Commerce Act. This Act modifies, limits, and | 7 | | supersedes the Electronic Signatures in Global and National | 8 | | Commerce Act, 15 U.S.C. Section 7001 et seq., but does not | 9 | | modify, limit, or supersede Section 101(c) of that Act, 15 | 10 | | U.S.C. Section 7001(c), or authorize electronic delivery of any | 11 | | of the notices described in Section 103(b) of that Act, 15 | 12 | | U.S.C. Section 7003(b).
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