Public Act 101-0490
 
HB2856 EnrolledLRB101 09229 TAE 54323 b



    AN ACT concerning transportation.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Sections 3-100.1 and 3-100.2 as follows:
 



    (625 ILCS 5/3-100.1)



    Sec. 3-100.1. Use of electronic records. 

    (a) To the extent authorized by the Secretary of State and 
in accordance
with standards and procedures prescribed by the 
Secretary of State:


        (1) Certificates, certifications, affidavits,

    applications, assignments, statements, notices,
documents, 
    and other records required under this
Chapter may be 
    created, distributed, and received
in electronic form.


        (2) Signatures required under this Chapter may be made 
    as electronic
signatures or may be waived.


        (3) Delivery of records required under this Chapter may 
    be made by any
means, including electronic delivery.


        (4) Fees and taxes required to be paid under this 
    Chapter may be made
by electronic means; provided that any

    forms, records, electronic records, and methods of 
    electronic payment
relating to the filing and payment of 
    taxes shall be prescribed by the
Department of Revenue.

    (a-5) No later than July 1, 2021, the Secretary of State 
shall implement, manage, and administer an electronic lien and 
title system that will permit a lienholder to perfect, assign, 
and release a lien under this Code. The system may include the 
points in subsection (a) as to the identified objectives of the 
program. The Secretary shall establish by administrative rule 
the standards and procedures relating to the management and 
implementation of the mandatory electronic lien and title 
system established under this subsection. The Secretary may 
charge a reasonable fee for performing the services and 
functions relating to the management and administration of the 
system. The fee shall be set by administrative rule adopted by 
the Secretary.
    (b) Electronic records accepted by the Secretary of State 
have the
same force and effect as records created on paper by 
writing, typing,
printing, or similar means. The procedures 
established by the
Secretary of State concerning the acceptance 
of electronic filings
and electronic records shall ensure that 
the electronic filings and
electronic records are received and 
stored accurately and that they
are readily available to 
satisfy any statutory requirements that call
for a written 
record.

    (c) Electronic signatures accepted by the Secretary of 
State shall have the
same force and effect as manual 
signatures.

    (d) Electronic delivery of records accepted by the 
Secretary of State shall
have the same force and effect as 
physical delivery of records.

    (e) Electronic records and electronic signatures accepted 
by the Secretary
of State shall be admissible in all 
administrative, quasi-judicial,
and judicial proceedings. In 
any such proceeding, nothing in the
application of the rules of 
evidence shall apply so as to deny the
admissibility of an 
electronic record or electronic signature into
evidence on the 
sole ground that it is an electronic record or
electronic 
signature, or on the grounds that it is not in its
original 
form or is not an original. Information in the form of an

electronic record shall be given due evidentiary weight by the 
trier
of fact.

    (f) The Secretary may contract with a private contractor to 
carry out the Secretary's duties under this Section.
(Source: P.A. 91-772, eff. 1-1-01.)

 



    (625 ILCS 5/3-100.2)



    Sec. 3-100.2. Electronic access; agreements with

submitters.
    (a) No later than July 1, 2021, the The Secretary of State 
shall may require a licensee under Chapter 3 or 5 of this Code 
to submit
any record required to be submitted to the Secretary 
of State by
using electronic media deemed feasible by the 
Secretary of State. , in addition to
 requiring the actual 
submittal of The Secretary of State may also require the 
licensee to submit the original paper
record. The Secretary of 
State shall may also require allow a
person or licensee to 
receive any record to be provided by the Secretary of State
by 
using electronic media deemed feasible by the Secretary of 
State,
instead of providing the original paper record.

    (b) No later than July 1, 2021, electronic Electronic 
submittal, receipt, and delivery of records and electronic

signatures shall may be authorized or accepted by the Secretary 
of State,
when supported by a signed agreement between the 
Secretary of State
and the submitter. The agreement shall 
require, at a minimum, each
record to include all information 
necessary to complete a
transaction, certification by the 
submitter upon its best knowledge as to the
truthfulness of
the 
data to be
submitted to the Secretary of State, and retention 
by the submitter of
supporting records.

    (c) No later than July 1, 2021, the The Secretary of State 
shall may  establish  minimum
transaction volume levels, audit 
and security
standards, technological requirements, and other 
terms
and conditions he or she deems necessary for approval of 
the
electronic delivery process.

    (d) When an agreement is made to accept  electronic
records, 
the Secretary of State shall not be required
to produce a 
written record for
the submitter with whom the Secretary of 
State has
the agreement until requested to do so by the 
submitter.

    (e) No later than July 1, 2021 Upon the request of a 
lienholder submitter, the Secretary of State shall
provide 
electronic notification to the
lienholder submitter to verify 
the notation and perfection of the lienholder's
security 
interest in a vehicle on for which the certificate of title 
required to be created as is an
electronic record under Section 
3-100.1. Upon receipt of an electronic message from a 
lienholder
submitter with a security interest in a vehicle for 
which the certificate of
title is an electronic record that the 
lien should be released, the Secretary
of State shall enter the 
appropriate electronic record of the release of lien
and print 
and mail a paper certificate of title to the owner or 
lienholder at
no expense.  The Secretary of State may also mail 
the certificate to any other
person that delivers to the 
Secretary of State an authorization from the owner
to receive 
the certificate.  If another lienholder holds a properly 
perfected
security interest in the vehicle as reflected in the 
records of the Secretary
of State, the certificate shall be 
delivered to that lienholder instead of the
owner.

    (f) The Secretary may contract with a private contractor to 
carry out the Secretary's duties under this Section.
(Source: P.A. 97-838, eff. 7-20-12.)