Illinois 2025-2026 Regular Session

Illinois House Bill HB1632 Compare Versions

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1-HB1632 EngrossedLRB104 03523 BDA 13546 b HB1632 Engrossed LRB104 03523 BDA 13546 b
2- HB1632 Engrossed LRB104 03523 BDA 13546 b
1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1632 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED: 815 ILCS 333/18 Amends the Uniform Electronic Transactions Act. In provisions regarding the acceptance and distribution of electronic records and electronic signatures by governmental agencies, provides that, to the extent that a governmental agency uses electronic records and electronic signatures, the governmental agency (rather than the Department of Innovation and Technology and the Secretary of State) may specify (rather than shall adopt rules specifying) the required format and attributes of the electronic records and electronic signatures and the specific processes and procedures governing their use. Authorizes the Secretary of State and the Department of Innovation and Technology to adopt rules setting forth minimum requirements concerning the required format and attributes of electronic records and electronic signatures and the processes and procedures governing their use. Provides that the rules adopted by the Secretary of State shall apply only with respect to the Secretary of State. Further provides that the rules adopted by the Department of Innovation and Technology shall apply only with respect to client agencies, as that term is defined in the Department of Innovation and Technology Act. LRB104 03523 BDA 13546 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1632 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED: 815 ILCS 333/18 815 ILCS 333/18 Amends the Uniform Electronic Transactions Act. In provisions regarding the acceptance and distribution of electronic records and electronic signatures by governmental agencies, provides that, to the extent that a governmental agency uses electronic records and electronic signatures, the governmental agency (rather than the Department of Innovation and Technology and the Secretary of State) may specify (rather than shall adopt rules specifying) the required format and attributes of the electronic records and electronic signatures and the specific processes and procedures governing their use. Authorizes the Secretary of State and the Department of Innovation and Technology to adopt rules setting forth minimum requirements concerning the required format and attributes of electronic records and electronic signatures and the processes and procedures governing their use. Provides that the rules adopted by the Secretary of State shall apply only with respect to the Secretary of State. Further provides that the rules adopted by the Department of Innovation and Technology shall apply only with respect to client agencies, as that term is defined in the Department of Innovation and Technology Act. LRB104 03523 BDA 13546 b LRB104 03523 BDA 13546 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1632 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED:
3+815 ILCS 333/18 815 ILCS 333/18
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5+Amends the Uniform Electronic Transactions Act. In provisions regarding the acceptance and distribution of electronic records and electronic signatures by governmental agencies, provides that, to the extent that a governmental agency uses electronic records and electronic signatures, the governmental agency (rather than the Department of Innovation and Technology and the Secretary of State) may specify (rather than shall adopt rules specifying) the required format and attributes of the electronic records and electronic signatures and the specific processes and procedures governing their use. Authorizes the Secretary of State and the Department of Innovation and Technology to adopt rules setting forth minimum requirements concerning the required format and attributes of electronic records and electronic signatures and the processes and procedures governing their use. Provides that the rules adopted by the Secretary of State shall apply only with respect to the Secretary of State. Further provides that the rules adopted by the Department of Innovation and Technology shall apply only with respect to client agencies, as that term is defined in the Department of Innovation and Technology Act.
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311 1 AN ACT concerning business.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 5. The Uniform Electronic Transactions Act is
715 5 amended by changing Section 18 as follows:
816 6 (815 ILCS 333/18)
917 7 Sec. 18. Acceptance and distribution of electronic records
1018 8 by governmental agencies.
1119 9 (a) Except as otherwise provided in Section 12(f), each
1220 10 governmental agency of this State shall determine whether, and
1321 11 the extent to which, it will send and accept electronic
1422 12 records and electronic signatures to and from other persons
1523 13 and otherwise create, generate, communicate, store, process,
1624 14 use, and rely upon electronic records and electronic
1725 15 signatures.
1826 16 (b) To the extent that a governmental agency uses
1927 17 electronic records and electronic signatures under subsection
2028 18 (a), the governmental agency, giving due consideration to
2129 19 security, may Department of Innovation and Technology and the
2230 20 Secretary of State, pursuant to their rulemaking authority
2331 21 under other law and giving due consideration to security,
2432 22 shall, no later than 6 months after the effective date of this
2533 23 amendatory Act of the 103rd General Assembly, adopt
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37+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1632 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED:
38+815 ILCS 333/18 815 ILCS 333/18
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40+Amends the Uniform Electronic Transactions Act. In provisions regarding the acceptance and distribution of electronic records and electronic signatures by governmental agencies, provides that, to the extent that a governmental agency uses electronic records and electronic signatures, the governmental agency (rather than the Department of Innovation and Technology and the Secretary of State) may specify (rather than shall adopt rules specifying) the required format and attributes of the electronic records and electronic signatures and the specific processes and procedures governing their use. Authorizes the Secretary of State and the Department of Innovation and Technology to adopt rules setting forth minimum requirements concerning the required format and attributes of electronic records and electronic signatures and the processes and procedures governing their use. Provides that the rules adopted by the Secretary of State shall apply only with respect to the Secretary of State. Further provides that the rules adopted by the Department of Innovation and Technology shall apply only with respect to client agencies, as that term is defined in the Department of Innovation and Technology Act.
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3468 1 administrative rules that specify:
3569 2 (1) the manner and format in which the electronic
3670 3 records must be created, generated, sent, communicated,
3771 4 received, and stored and the systems established for those
3872 5 purposes;
3973 6 (2) if electronic records must be signed by electronic
4074 7 means, the type of electronic signature required, the
4175 8 manner and format in which the electronic signature must
4276 9 be affixed to the electronic record, and the identity of,
4377 10 or criteria that must be met by, any third party used by a
4478 11 person filing a document to facilitate the process;
4579 12 (3) control processes and procedures as appropriate to
4680 13 ensure adequate preservation, disposition, integrity,
4781 14 security, confidentiality, and auditability of electronic
4882 15 records; and
4983 16 (4) any other required attributes for electronic
5084 17 records which are specified for corresponding
5185 18 nonelectronic records or reasonably necessary under the
5286 19 circumstances.
5387 20 (b-5) Pursuant to their rulemaking authority under other
5488 21 laws, the Secretary of State and the Department of Innovation
5589 22 and Technology may adopt rules setting forth their respective
5690 23 minimum requirements under subsection (b) of this Section. Any
5791 24 rules adopted by the Secretary of State under this subsection
5892 25 shall only apply with respect to the Secretary of State and any
5993 26 rules adopted by the Department of Innovation and Technology
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70-1 under this subsection shall only apply with respect to client
71-2 agencies, as that term is defined in the Department of
72-3 Innovation and Technology Act.
73-4 (c) Except as otherwise provided in Section 12(f), this
74-5 Act does not require a governmental agency of this State to use
75-6 or permit the use of electronic records or electronic
76-7 signatures.
77-8 (Source: P.A. 102-38, eff. 6-25-21; 103-390, eff. 7-28-23.)
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