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Public Act 098-1097 Public Act 1097 98TH GENERAL ASSEMBLY |
Public Act 098-1097 | SB1941 Enrolled | LRB098 08538 JLS 38650 b |
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| AN ACT concerning business.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 1. Short title. This Act may be cited as the | Uniform Electronic Legal Material Act. | Section 2. Definitions. | (1) "Electronic" means relating to technology having | electrical, digital, magnetic,
wireless, optical, | electromagnetic, or similar capabilities.
| (2) "Legal material" means, whether or not in effect:
| (A) the Illinois Constitution;
| (B) the Laws of Illinois;
| (C) the Illinois Compiled Statutes;
| (D) the Illinois Administrative Code;
| (E) the following categories of State administrative | agency decisions: final administrative decisions; | (F) reported decisions of the following State courts: | Illinois Supreme Court, Illinois Appellate Court, and | Illinois Court of Claims; or
| (G) Illinois Supreme Court rules.
| (3) "Official publisher" means:
| (A) for the Illinois Constitution, the Secretary of | State;
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| (B) for the Laws of Illinois, the Secretary of State;
| (C) for Illinois Compiled Statutes, the Secretary of | State; | (D) for a rule published in the Illinois Administrative | Code, the Secretary of State;
| (E) for a rule not published in the Illinois | Administrative Code, the State agency adopting the rule;
| (F) for a State agency decision included under | paragraph (2)(E), the State agency issuing the decision;
| (G) for a State court decision included under paragraph | (2)(F), the Illinois Supreme Court, Reporter of Decisions;
| (H) for State court rules, the Illinois Supreme Court; | or | (I) for Decisions of the Court of Claims, the Secretary | of State.
| (4) "Publish" means to display, present, or release to the | public, or cause to be displayed, presented, or released to the | public, by the official publisher.
| (5) "Record" means information that is inscribed on a | tangible medium or that is stored in an electronic or other | medium and is retrievable in perceivable form.
| (6) "State" means a state of the United States, the | District of Columbia, Puerto Rico, the United States Virgin | Islands, or any territory or insular possession subject to the | jurisdiction of the United States.
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| Section 3. Applicability. This Act applies to all legal | material in an electronic record that is designated as official | under Section 4 of this Act and first published electronically | on or after the effective date of this Act. | Section 4. Legal material in official electronic record. | (a) If an official publisher publishes legal material only | in an electronic record, the publisher shall:
| (1) designate the electronic record as official; and
| (2) comply with Sections 5, 7, and 8 of this Act.
| (b) An official publisher that publishes legal material in | an electronic record and also publishes the material in a | record other than an electronic record may designate the | electronic record as official if the publisher complies with | Sections 5, 7, and 8 of this Act.
| Section 5. Authentication of official electronic record. | An official publisher of legal material in an electronic record | that is designated as official under Section 4 of this Act | shall authenticate the record. To authenticate an electronic | record, the publisher shall provide a method for a user to | determine that the record received by the user from the | publisher is unaltered from the official record published by | the publisher. | Section 6. Effect of authentication. |
| (a) Legal material in an electronic record that is | authenticated under Section 5 of this Act is presumed to be an | accurate copy of the legal material.
| (b) If another state has adopted a law substantially | similar to this Act, legal material in an electronic record | that is designated as official and authenticated by the | official publisher in that state is presumed to be an accurate | copy of the legal material.
| (c) A party contesting the authentication of legal material | in an electronic record authenticated under Section 5 of this | Act has the burden of proving by a preponderance of the | evidence that the record is not authentic.
| Section 7. Preservation and security of legal material in | official electronic record. | (a) An official publisher of legal material in an | electronic record that is or was designated as official under | Section 4 of this Act shall provide for the preservation and | security of the record in an electronic form or a form that is | not electronic.
| (b) If legal material is preserved under subsection (a) in | an electronic record, the official publisher shall: | (1) ensure the integrity of the record;
| (2) provide for backup and disaster recovery of the | record; and
| (3) ensure the continuing usability of the material.
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| Section 8. Public access to legal material in official | electronic record. An official publisher of legal material in | an electronic record that is required to be preserved under | Section 7 of this Act shall ensure that the material is | reasonably available for use by the public on a permanent | basis. | Section 9. Standards. In implementing this Act, an official | publisher of legal material in an electronic record shall | consider: | (1) standards and practices of other jurisdictions;
| (2) the most recent standards regarding authentication of, | preservation and security of, and public access to, legal | material in an electronic record and other electronic records, | as promulgated by national standard-setting bodies;
| (3) the needs of users of legal material in an electronic | record;
| (4) the views of governmental officials and entities and | other interested persons; and
| (5) to the extent practicable, methods and technologies for | the authentication of, preservation and security of, and public | access to, legal material which are compatible with the methods | and technologies used by other official publishers in this | state and in other states that have adopted a law substantially | similar to this Act.
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| Section 10. Uniformity of application and construction. In | applying and construing this uniform Act, consideration must be | given to the need to promote uniformity of the law with respect | to its subject matter among states that enact it. | Section 11. Relation To Electronic Signatures In Global And | National Commerce Act. This Act modifies, limits, and | supersedes the Electronic Signatures in Global and National | Commerce Act, 15 U.S.C. Section 7001 et seq., but does not | modify, limit, or supersede Section 101(c) of that Act, 15 | U.S.C. Section 7001(c), or authorize electronic delivery of any | of the notices described in Section 103(b) of that Act, 15 | U.S.C. Section 7003(b).
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Effective Date: 1/1/2015
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