HB 3205

Abstract

Creates the Uniform Electronic Transactions Act. Provides that a contract, record, of signature may not be denied legal effect or enforceability simply because it is in electronic form or an electronic record was used in its formation. Provides that if a law requires a record to be in writing, an electronic record satisfies the law. Provides that if a law requires a signature, an electronic signature satisfies the law. Repeals the Electronic Commerce Security Act. Makes corresponding changes in various laws to conform cross references. Effective immediately. House Floor Amendment No. 1 Excludes the Office of the Secretary of State from the scope of the term "governmental agency". House Floor Amendment No. 2 Deletes reference to: 15 ILCS 405/14.01 Adds reference to: 15 ILCS 405/14.01 rep. Removes provisions changing the definition of "digital signature" in the State Comptroller Act and repeals that definition. Senate Floor Amendment No. 3 Deletes reference to: 5 ILCS 70/1.15 from Ch. 1, par. 1016 5 ILCS 140/7 from Ch. 116, par. 207 5 ILCS 175/Act rep. 5 ILCS 315/6 from Ch. 48, par. 1606 15 ILCS 405/14.01 rep. 20 ILCS 35/20 20 ILCS 2310/2310-600 50 ILCS 55/10 115 ILCS 5/11.1 205 ILCS 305/10.2 205 ILCS 305/19 from Ch. 17, par. 4420 205 ILCS 305/20 from Ch. 17, par. 4421 215 ILCS 5/143.34 215 ILCS 5/513a13 325 ILCS 57/5 720 ILCS 5/17-3 from Ch. 38, par. 17-3 755 ILCS 35/5 from Ch. 110 1/2, par. 705 755 ILCS 35/9 from Ch. 110 1/2, par. 709 755 ILCS 40/70 755 ILCS 43/20 755 ILCS 43/50 755 ILCS 45/4-6 from Ch. 110 1/2, par. 804-6 755 ILCS 45/4-10 from Ch. 110 1/2, par. 804-10 805 ILCS 180/1-6 Replaces everything after the enacting clause. Creates the Fair Food and Retail Delivery Act. Prohibits a third-party delivery service from using the likeness, registered trademark, or intellectual property belonging to a merchant, and from taking or arranging for the pickup or delivery of an order from a merchant through the digital network, without first obtaining written consent from the merchant. Provides that an agreement subject to the Act may not include a provision that requires a merchant to indemnify a third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service for any damages or harm partially or wholly caused by or resulting from the third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service. Provides that a merchant whose likeness is used, or pickup or delivery is arranged through a third-party delivery service in violation of the Act, may bring an action in the circuit court in the county in which the merchant conducts business to recover actual damages or up to $5,000, whichever is greater. Provides that the court may, in its discretion, award punitive damages and other equitable relief it deems appropriate. Defines terms.