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
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
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
LRB104 03522 BDA 13545 b
A BILL FOR
SB1540LRB104 03522 BDA 13545 b SB1540 LRB104 03522 BDA 13545 b
SB1540 LRB104 03522 BDA 13545 b
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 5. The Uniform Electronic Transactions Act is
5 amended by changing Section 18 as follows:
6 (815 ILCS 333/18)
7 Sec. 18. Acceptance and distribution of electronic records
8 by governmental agencies.
9 (a) Except as otherwise provided in Section 12(f), each
10 governmental agency of this State shall determine whether, and
11 the extent to which, it will send and accept electronic
12 records and electronic signatures to and from other persons
13 and otherwise create, generate, communicate, store, process,
14 use, and rely upon electronic records and electronic
15 signatures.
16 (b) To the extent that a governmental agency uses
17 electronic records and electronic signatures under subsection
18 (a), the governmental agency, giving due consideration to
19 security, may Department of Innovation and Technology and the
20 Secretary of State, pursuant to their rulemaking authority
21 under other law and giving due consideration to security,
22 shall, no later than 6 months after the effective date of this
23 amendatory Act of the 103rd General Assembly, adopt
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
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
LRB104 03522 BDA 13545 b
A BILL FOR
815 ILCS 333/18
LRB104 03522 BDA 13545 b
SB1540 LRB104 03522 BDA 13545 b
SB1540- 2 -LRB104 03522 BDA 13545 b SB1540 - 2 - LRB104 03522 BDA 13545 b
SB1540 - 2 - LRB104 03522 BDA 13545 b
1 administrative rules that specify:
2 (1) the manner and format in which the electronic
3 records must be created, generated, sent, communicated,
4 received, and stored and the systems established for those
5 purposes;
6 (2) if electronic records must be signed by electronic
7 means, the type of electronic signature required, the
8 manner and format in which the electronic signature must
9 be affixed to the electronic record, and the identity of,
10 or criteria that must be met by, any third party used by a
11 person filing a document to facilitate the process;
12 (3) control processes and procedures as appropriate to
13 ensure adequate preservation, disposition, integrity,
14 security, confidentiality, and auditability of electronic
15 records; and
16 (4) any other required attributes for electronic
17 records which are specified for corresponding
18 nonelectronic records or reasonably necessary under the
19 circumstances.
20 (b-5) Pursuant to their rulemaking authority under other
21 laws, the Secretary of State and the Department of Innovation
22 and Technology may adopt rules setting forth their respective
23 minimum requirements under subsection (b) of this Section. Any
24 rules adopted by the Secretary of State under this subsection
25 shall only apply with respect to the Secretary of State and any
26 rules adopted by the Department of Innovation and Technology
SB1540 - 2 - LRB104 03522 BDA 13545 b
SB1540- 3 -LRB104 03522 BDA 13545 b SB1540 - 3 - LRB104 03522 BDA 13545 b
SB1540 - 3 - LRB104 03522 BDA 13545 b
SB1540 - 3 - LRB104 03522 BDA 13545 b