90th General Assembly
Summary of HB3180
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Short description: 
ELECTRONIC COMMERCE SECURITY                                               

Synopsis of Bill as introduced:
        Creates the Electronic Commerce Security Act.  Authorizes the use      
   of digital signatures and other forms of electronic  signatures  in  a      
   manner  designed  to  provide  legal  certainty  necessary  to  effect      
   transactions   over   public  electronic  networks.     Provides  that      
   electronic records can satisfy the legal requirement that  information      
   must  be  in  writing.   Sets forth requirements for use of electronic      
   signatures by State agencies.  Grants  rule-making  authority  to  the      
   Secretary  of  State  regarding  use  by  State agencies.  Establishes      
   criminal penalties and civil remedies for violations.  Amends  certain      
   Acts to make changes accommodating the Act.   Effective July 1, 1999.       
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          15 ILCS 405/14.01 rep.                                               
          Adds reference to:                                                   
          15 ILCS 405/14.01                                                    
        Replaces provision repealing the digital signature requirement of      
   the State Comptroller Act with provisions changing those  requirements      
   to comport with the Electronic Commerce Security Act. Provides that if      
   another  statute  or  rule requires State agency approval prior to the      
   use of electronic records or signatures, that other  statute  or  rule      
   shall also apply.                                                           
        SENATE AMENDMENT NO. 1.                                                
        Provides that whether a procedure is commercially reasonable is a      
   question of law.  Provides that the Department of  Central  Management      
   Services,  rather  than  the  Secretary  of  State,  shall adopt rules      
   governing the security requirements for use of electronic records  and      
   signatures  by  State  agencies.  Provides that the Supreme Court with      
   respect to courts and  the  Joint  Committee  on  Legislative  Support      
   Services  with  respect  to legislative agencies shall establish rules      
   for use of electronic records and signatures.                               
        SENATE AMENDMENT NO. 2.                                                
        Removes authority for  the  Secretary  of  State  to  investigate      
   fraudulent or unlawful conduct not involving a violation of the Act or      
   its rules.                                                                  
Last action on Bill: PUBLIC ACT.............................. 90-0759

   Last action date: 98-08-14

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   2


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