HB2856 EngrossedLRB101 09229 TAE 54323 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 3-100.1 and 3-100.2 as follows:
 
6    (625 ILCS 5/3-100.1)
7    Sec. 3-100.1. Use of electronic records.
8    (a) To the extent authorized by the Secretary of State and
9in accordance with standards and procedures prescribed by the
10Secretary of State:
11        (1) Certificates, certifications, affidavits,
12    applications, assignments, statements, notices, documents,
13    and other records required under this Chapter may be
14    created, distributed, and received in electronic form.
15        (2) Signatures required under this Chapter may be made
16    as electronic signatures or may be waived.
17        (3) Delivery of records required under this Chapter may
18    be made by any means, including electronic delivery.
19        (4) Fees and taxes required to be paid under this
20    Chapter may be made by electronic means; provided that any
21    forms, records, electronic records, and methods of
22    electronic payment relating to the filing and payment of
23    taxes shall be prescribed by the Department of Revenue.

 

 

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1    (a-5) No later than July 1, 2021, the Secretary of State
2shall implement, manage, and administer an electronic lien and
3title system that will permit a lienholder to perfect, assign,
4and release a lien under this Code. The system may include the
5points in subsection (a) as to the identified objectives of the
6program. The Secretary shall establish by administrative rule
7the standards and procedures relating to the management and
8implementation of the mandatory electronic lien and title
9system established under this subsection. The Secretary may
10charge a reasonable fee for performing the services and
11functions relating to the management and administration of the
12system. The fee shall be set by administrative rule adopted by
13the Secretary.
14    (b) Electronic records accepted by the Secretary of State
15have the same force and effect as records created on paper by
16writing, typing, printing, or similar means. The procedures
17established by the Secretary of State concerning the acceptance
18of electronic filings and electronic records shall ensure that
19the electronic filings and electronic records are received and
20stored accurately and that they are readily available to
21satisfy any statutory requirements that call for a written
22record.
23    (c) Electronic signatures accepted by the Secretary of
24State shall have the same force and effect as manual
25signatures.
26    (d) Electronic delivery of records accepted by the

 

 

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1Secretary of State shall have the same force and effect as
2physical delivery of records.
3    (e) Electronic records and electronic signatures accepted
4by the Secretary of State shall be admissible in all
5administrative, quasi-judicial, and judicial proceedings. In
6any such proceeding, nothing in the application of the rules of
7evidence shall apply so as to deny the admissibility of an
8electronic record or electronic signature into evidence on the
9sole ground that it is an electronic record or electronic
10signature, or on the grounds that it is not in its original
11form or is not an original. Information in the form of an
12electronic record shall be given due evidentiary weight by the
13trier of fact.
14    (f) The Secretary may contract with a private contractor to
15carry out the Secretary's duties under this Section.
16(Source: P.A. 91-772, eff. 1-1-01.)
 
17    (625 ILCS 5/3-100.2)
18    Sec. 3-100.2. Electronic access; agreements with
19submitters.
20    (a) No later than July 1, 2021, the The Secretary of State
21shall may require a licensee under Chapter 3 or 5 of this Code
22to submit any record required to be submitted to the Secretary
23of State by using electronic media deemed feasible by the
24Secretary of State. , in addition to requiring the actual
25submittal of The Secretary of State may also require the

 

 

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1licensee to submit the original paper record. The Secretary of
2State shall may also require allow a person or licensee to
3receive any record to be provided by the Secretary of State by
4using electronic media deemed feasible by the Secretary of
5State, instead of providing the original paper record.
6    (b) No later than July 1, 2021, electronic Electronic
7submittal, receipt, and delivery of records and electronic
8signatures shall may be authorized or accepted by the Secretary
9of State, when supported by a signed agreement between the
10Secretary of State and the submitter. The agreement shall
11require, at a minimum, each record to include all information
12necessary to complete a transaction, certification by the
13submitter upon its best knowledge as to the truthfulness of the
14data to be submitted to the Secretary of State, and retention
15by the submitter of supporting records.
16    (c) No later than July 1, 2021, the The Secretary of State
17shall may establish minimum transaction volume levels, audit
18and security standards, technological requirements, and other
19terms and conditions he or she deems necessary for approval of
20the electronic delivery process.
21    (d) When an agreement is made to accept electronic records,
22the Secretary of State shall not be required to produce a
23written record for the submitter with whom the Secretary of
24State has the agreement until requested to do so by the
25submitter.
26    (e) No later than July 1, 2021 Upon the request of a

 

 

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1lienholder submitter, the Secretary of State shall provide
2electronic notification to the lienholder submitter to verify
3the notation and perfection of the lienholder's security
4interest in a vehicle on for which the certificate of title
5required to be created as is an electronic record under Section
63-100.1. Upon receipt of an electronic message from a
7lienholder submitter with a security interest in a vehicle for
8which the certificate of title is an electronic record that the
9lien should be released, the Secretary of State shall enter the
10appropriate electronic record of the release of lien and print
11and mail a paper certificate of title to the owner or
12lienholder at no expense. The Secretary of State may also mail
13the certificate to any other person that delivers to the
14Secretary of State an authorization from the owner to receive
15the certificate. If another lienholder holds a properly
16perfected security interest in the vehicle as reflected in the
17records of the Secretary of State, the certificate shall be
18delivered to that lienholder instead of the owner.
19    (f) The Secretary may contract with a private contractor to
20carry out the Secretary's duties under this Section.
21(Source: P.A. 97-838, eff. 7-20-12.)