(5 ILCS 175/Art. 25 heading)
ARTICLE 25.
STATE AGENCY USE OF
ELECTRONIC RECORDS AND SIGNATURES
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(5 ILCS 175/25-101)
Sec. 25-101.
State agency use of electronic records.
(a) Each State agency shall determine if, and the extent to which, it will
send and receive
electronic records and electronic signatures to and from other persons and
otherwise create, use, store,
and rely upon electronic records and electronic signatures.
(b) In any case where a State agency decides to send or receive electronic
records, or to
accept document filings by electronic records, the State agency may, by
appropriate agency rule (or
court rule where appropriate), giving due consideration to security, specify:
(1) the manner and format in which such electronic
| | records must be created, sent, received, and stored;
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(2) if such electronic records must be signed, the
| | type of electronic signature required, the manner and format in which such signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by the person filing the document to facilitate the process;
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(3) control processes and procedures as appropriate
| | to ensure adequate integrity, security, confidentiality, and auditability of such electronic records; and
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(4) any other required attributes for such electronic
| | records that are currently specified for corresponding paper documents, or reasonably necessary under the circumstances.
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(c) All rules adopted by a State agency shall include the relevant
minimum security
requirements established by the Department of Central Management Services, if
any.
(d) Whenever any rule of law requires or authorizes the filing of any
information, notice, lien,
or other document or record with any State agency, a filing made by an
electronic record shall have the
same force and effect as a filing made on paper in all cases where the State
agency has authorized or
agreed to such electronic filing and the filing is made in accordance with
applicable rules or
agreement.
(e) Nothing in this Act shall be construed to require any State agency to
use or to permit
the use of electronic records or electronic signatures.
(Source: P.A. 90-759, eff. 7-1-99.)
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(5 ILCS 175/25-105)
Sec. 25-105.
Department of Central Management Services to adopt State
standards.
(a) The Department of Central Management Services may adopt
rules
setting forth minimum security requirements for the use of electronic records
and electronic signatures by
State agencies.
(b) The Department of Central Management Services
shall specify appropriate minimum security requirements to be implemented and
followed by State
agencies for (1) the generation, use, and storage of key pairs, (2) the
issuance, acceptance, use,
suspension, and revocation of certificates, and (3) the use of digital
signatures.
(c) Each State agency shall have the authority to issue, or
contract for the issuance of, certificates to (i) its employees and agents and
(ii) persons conducting
business or other transactions with such State agency and to take other
actions consistent therewith,
including the establishment of repositories and the suspension or revocation of
certificates so issued,
provided that the foregoing is conducted in accordance with all the rules,
procedures, and policies
specified by the Department of Central Management Services. The
Department of Central Management Services shall have the
authority to specify the rules,
procedures, and policies whereby State agencies may issue or contract for the
issuance of certificates.
(d) The Department of Central Management Services may specify
appropriate minimum
standards and requirements that must be satisfied by a certification authority
before:
(1) its services are used by any State agency for the
| | issuance, publication, revocation, and suspension of certificates to such agency, or its employees or agents (for official use); or
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(2) the certificates it issues will be accepted for
| | purposes of verifying digitally signed electronic records sent to any State agency by any person.
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(e) Where appropriate, the rules adopted by the Department of Central
Management Services
pursuant to this
Section shall specify differing levels of minimum standards from which
implementing State agencies can
select the standard most appropriate for a particular application.
(f) The General Assembly, through the Joint Committee on Legislative
Support Services, and the Supreme Court, separately for the respective
branches, may adopt rules setting forth the minimum security requirements for
the use of electronic records and electronic signatures by the respective
branches. The rules shall generally be consistent with the rules adopted by
the Department of Central Management Services. The Joint Committee on
Legislative Support Services and the Supreme Court may also accept the rules
adopted by the Department of Central Management Services for the use of
electronic records and electronic signatures by the respective branches.
(g) Except as provided in subsection (f) and in Section 25-101, the
Department of Central Management Services shall have exclusive authority to
adopt rules authorized by this Section.
(Source: P.A. 90-759, eff. 7-1-99.)
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(5 ILCS 175/25-115)
Sec. 25-115.
Interoperability.
To the extent reasonable under the
circumstances,
rules adopted by the Department of Central Management Services or a State
agency relating to the
use of electronic records
or electronic signatures shall be drafted in a manner designed to encourage and
promote consistency
and interoperability with similar requirements adopted by government agencies
of other states and the
federal government.
(Source: P.A. 90-759, eff. 7-1-99.)
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