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91_HB3420enr
HB3420 Enrolled LRB9110429DHsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 3-100 and by adding Sections 3-100.1, 3-100.2, and
3 3-100.3.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Vehicle Code is amended by
7 changing Section 3-100 and adding Sections 3-100.1, 3-100.2,
8 and 3-100.3 as follows:
9 (625 ILCS 5/3-100) (from Ch. 95 1/2, par. 3-100)
10 Sec. 3-100. Definitions. Definition. For the purposes of
11 this Chapter, the following words shall have the meanings
12 ascribed to them:
13 "Electronic" includes electrical, digital, magnetic,
14 optical, electromagnetic, or any other form of technology
15 that entails capabilities similar to these technologies.
16 "Electronic record" means a record generated,
17 communicated, received, or stored by electronic means for use
18 in an information system or for transmission from one
19 information system to another.
20 "Electronic signature" means a signature in electronic
21 form attached to or logically associated with an electronic
22 record.
23 "Application" means an actual paper document or an
24 electronically filed document as designed or prescribed by
25 the Secretary of State.
26 "Owner" means a person who holds legal document of
27 ownership of a vehicle, limited to a certificate of origin,
28 certificate of title, salvage certificate, or junking
29 certificate. However, in the event a vehicle is the subject
30 of an agreement for the conditional sale or lease thereof
31 with the right of purchase upon performance of the conditions
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1 stated in the agreement and with an immediate right of
2 possession vested in the conditional vendee or lessee, or in
3 the event a mortgagor of such vehicle is entitled to
4 possession, then such conditional vendee or lessee or
5 mortgagor shall be deemed the owner for the purpose of this
6 Chapter, except as provided under paragraph (c) of Section
7 3-118.
8 "Record" means information that is inscribed, stored, or
9 otherwise fixed on a tangible medium or that is stored in an
10 electronic or other medium and is retrievable in perceivable
11 form.
12 "Signature" or "signed" includes any symbol executed or
13 adopted, or any security procedure employed or adopted, using
14 electronic means or otherwise, by or on behalf of a person
15 with intent to authenticate a record.
16 (Source: P.A. 91-79, eff. 1-1-00; 91-357, eff. 7-29-99;
17 revised 8-30-99.)
18 (625 ILCS 5/3-100.1)
19 Sec. 3-100.1. Use of electronic records.
20 (a) To the extent authorized by the Secretary of State
21 and in accordance with standards and procedures prescribed by
22 the Secretary of State:
23 (1) Certificates, certifications, affidavits,
24 applications, assignments, statements, notices,
25 documents, and other records required under this Chapter
26 may be created, distributed, and received in electronic
27 form.
28 (2) Signatures required under this Chapter may be
29 made as electronic signatures or may be waived.
30 (3) Delivery of records required under this Chapter
31 may be made by any means, including electronic delivery.
32 (4) Fees and taxes required to be paid under this
33 Chapter may be made by electronic means; provided that
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1 any forms, records, electronic records, and methods of
2 electronic payment relating to the filing and payment of
3 taxes shall be prescribed by the Department of Revenue.
4 (b) Electronic records accepted by the Secretary of
5 State have the same force and effect as records created on
6 paper by writing, typing, printing, or similar means. The
7 procedures established by the Secretary of State concerning
8 the acceptance of electronic filings and electronic records
9 shall ensure that the electronic filings and electronic
10 records are received and stored accurately and that they are
11 readily available to satisfy any statutory requirements that
12 call for a written record.
13 (c) Electronic signatures accepted by the Secretary of
14 State shall have the same force and effect as manual
15 signatures.
16 (d) Electronic delivery of records accepted by the
17 Secretary of State shall have the same force and effect as
18 physical delivery of records.
19 (e) Electronic records and electronic signatures
20 accepted by the Secretary of State shall be admissible in all
21 administrative, quasi-judicial, and judicial proceedings. In
22 any such proceeding, nothing in the application of the rules
23 of evidence shall apply so as to deny the admissibility of an
24 electronic record or electronic signature into evidence on
25 the sole ground that it is an electronic record or electronic
26 signature, or on the grounds that it is not in its original
27 form or is not an original. Information in the form of an
28 electronic record shall be given due evidentiary weight by
29 the trier of fact.
30 (625 ILCS 5/3-100.2)
31 Sec. 3-100.2. Electronic access; agreements with
32 submitters.
33 (a) The Secretary of State may allow, but not require, a
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1 person to submit any record required to be submitted to the
2 Secretary of State by using electronic media deemed feasible
3 by the Secretary of State, instead of requiring the actual
4 submittal of the original paper record. The Secretary of
5 State may also allow, but not require, a person to receive
6 any record to be provided by the Secretary of State by using
7 electronic media deemed feasible by the Secretary of State,
8 instead of providing the original paper record.
9 (b) Electronic submittal, receipt, and delivery of
10 records and electronic signatures may be authorized or
11 accepted by the Secretary of State, when supported by a
12 signed agreement between the Secretary of State and the
13 submitter. The agreement shall require, at a minimum, each
14 record to include all information necessary to complete a
15 transaction, certification by the submitter upon its best
16 knowledge as to the truthfulness of the data to be submitted
17 to the Secretary of State, and retention by the submitter of
18 supporting records.
19 (c) The Secretary of State may establish minimum
20 transaction volume levels, audit and security standards,
21 technological requirements, and other terms and conditions he
22 or she deems necessary for approval of the electronic
23 delivery process.
24 (d) When an agreement is made to accept electronic
25 records, the Secretary of State shall not be required to
26 produce a written record for the submitter with whom the
27 Secretary of State has the agreement until requested to do so
28 by the submitter.
29 (e) Upon the request of a lienholder submitter, the
30 Secretary of State shall provide electronic notification to
31 the lienholder submitter to verify the notation and
32 perfection of the lienholder's security interest in a vehicle
33 for which the certificate of title is an electronic record.
34 Upon receipt of an electronic message from a lienholder
HB3420 Enrolled -5- LRB9110429DHsb
1 submitter with a security interest in a vehicle for which the
2 certificate of title is an electronic record that the lien
3 should be released, the Secretary of State shall enter the
4 appropriate electronic record of the release of lien and
5 print and mail a paper certificate of title to the owner or
6 lienholder at no expense. The Secretary of State may also
7 mail the certificate to any other person that delivers to the
8 Secretary of State an authorization from the owner to receive
9 the certificate. If another lienholder holds a properly
10 perfected security interest in the vehicle as reflected in
11 the records of the Secretary of State, the certificate shall
12 be delivered to that lienholder instead of the owner.
13 (625 ILCS 5/3-100.3)
14 Sec. 3-100.3. Rules. The Secretary of State may adopt
15 rules to implement this Article.
16 Section 99. Effective date. This Act takes effect
17 January 1, 2001.
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