Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1540 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1540 Introduced 2/4/2025, by Sen. Ram Villivalam 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 03522 BDA 13545 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1540 Introduced 2/4/2025, by Sen. Ram Villivalam 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 03522 BDA 13545 b LRB104 03522 BDA 13545 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1540 Introduced 2/4/2025, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
3	3	815 ILCS 333/18 815 ILCS 333/18
4	4	815 ILCS 333/18
5	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.
6	6	LRB104 03522 BDA 13545 b LRB104 03522 BDA 13545 b
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9	9	SB1540LRB104 03522 BDA 13545 b SB1540 LRB104 03522 BDA 13545 b
10	10	SB1540 LRB104 03522 BDA 13545 b
11	11	1 AN ACT concerning business.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Uniform Electronic Transactions Act is
15	15	5 amended by changing Section 18 as follows:
16	16	6 (815 ILCS 333/18)
17	17	7 Sec. 18. Acceptance and distribution of electronic records
18	18	8 by governmental agencies.
19	19	9 (a) Except as otherwise provided in Section 12(f), each
20	20	10 governmental agency of this State shall determine whether, and
21	21	11 the extent to which, it will send and accept electronic
22	22	12 records and electronic signatures to and from other persons
23	23	13 and otherwise create, generate, communicate, store, process,
24	24	14 use, and rely upon electronic records and electronic
25	25	15 signatures.
26	26	16 (b) To the extent that a governmental agency uses
27	27	17 electronic records and electronic signatures under subsection
28	28	18 (a), the governmental agency, giving due consideration to
29	29	19 security, may Department of Innovation and Technology and the
30	30	20 Secretary of State, pursuant to their rulemaking authority
31	31	21 under other law and giving due consideration to security,
32	32	22 shall, no later than 6 months after the effective date of this
33	33	23 amendatory Act of the 103rd General Assembly, adopt
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1540 Introduced 2/4/2025, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
38	38	815 ILCS 333/18 815 ILCS 333/18
39	39	815 ILCS 333/18
40	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.
41	41	LRB104 03522 BDA 13545 b LRB104 03522 BDA 13545 b
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68	68	1 administrative rules that specify:
69	69	2 (1) the manner and format in which the electronic
70	70	3 records must be created, generated, sent, communicated,
71	71	4 received, and stored and the systems established for those
72	72	5 purposes;
73	73	6 (2) if electronic records must be signed by electronic
74	74	7 means, the type of electronic signature required, the
75	75	8 manner and format in which the electronic signature must
76	76	9 be affixed to the electronic record, and the identity of,
77	77	10 or criteria that must be met by, any third party used by a
78	78	11 person filing a document to facilitate the process;
79	79	12 (3) control processes and procedures as appropriate to
80	80	13 ensure adequate preservation, disposition, integrity,
81	81	14 security, confidentiality, and auditability of electronic
82	82	15 records; and
83	83	16 (4) any other required attributes for electronic
84	84	17 records which are specified for corresponding
85	85	18 nonelectronic records or reasonably necessary under the
86	86	19 circumstances.
87	87	20 (b-5) Pursuant to their rulemaking authority under other
88	88	21 laws, the Secretary of State and the Department of Innovation
89	89	22 and Technology may adopt rules setting forth their respective
90	90	23 minimum requirements under subsection (b) of this Section. Any
91	91	24 rules adopted by the Secretary of State under this subsection
92	92	25 shall only apply with respect to the Secretary of State and any
93	93	26 rules adopted by the Department of Innovation and Technology
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