Rep. John C. D'Amico

Filed: 3/21/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2856

2    AMENDMENT NO. ______. Amend House Bill 2856 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 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.

 

 

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1        (3) Delivery of records required under this Chapter may
2    be made by any means, including electronic delivery.
3        (4) Fees and taxes required to be paid under this
4    Chapter may be made by electronic means; provided that any
5    forms, records, electronic records, and methods of
6    electronic payment relating to the filing and payment of
7    taxes shall be prescribed by the Department of Revenue.
8    (a-5) Beginning on July 1, 2021, the (1) creation,
9distribution, and receipt of certificates, certifications,
10affidavits, applications, assignments, statements, notices,
11documents, and other records; (2) use of signatures; (3)
12delivery of records; and (4) payment of required fees as
13identified in subsection (a) shall be created, distributed,
14received, made, used, delivered, and paid in electronic form as
15those functions relate to the implementation and ongoing
16management and administration of an electronic lien and title
17system to process the electronic notation and release of
18security interests in motor vehicles under Section 3-100.2 of
19this Code or as otherwise determined by the Secretary. The
20Secretary may charge a fee for each electronic notation and
21release of security interest. The fee shall be set by
22administrative rule and shall not exceed $1 per transaction.
23    (b) Electronic records accepted by the Secretary of State
24have the same force and effect as records created on paper by
25writing, typing, printing, or similar means. The procedures
26established by the Secretary of State concerning the acceptance

 

 

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1of electronic filings and electronic records shall ensure that
2the electronic filings and electronic records are received and
3stored accurately and that they are readily available to
4satisfy any statutory requirements that call for a written
5record.
6    (c) Electronic signatures accepted by the Secretary of
7State shall have the same force and effect as manual
8signatures.
9    (d) Electronic delivery of records accepted by the
10Secretary of State shall have the same force and effect as
11physical delivery of records.
12    (e) Electronic records and electronic signatures accepted
13by the Secretary of State shall be admissible in all
14administrative, quasi-judicial, and judicial proceedings. In
15any such proceeding, nothing in the application of the rules of
16evidence shall apply so as to deny the admissibility of an
17electronic record or electronic signature into evidence on the
18sole ground that it is an electronic record or electronic
19signature, or on the grounds that it is not in its original
20form or is not an original. Information in the form of an
21electronic record shall be given due evidentiary weight by the
22trier of fact.
23    (f) The Secretary may contract with a private contractor to
24carry out the Secretary's duties under this Section.
25(Source: P.A. 91-772, eff. 1-1-01.)
 

 

 

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1    (625 ILCS 5/3-100.2)
2    Sec. 3-100.2. Electronic access; agreements with
3submitters.
4    (a) Beginning on July 1, 2021, the The Secretary of State
5shall may require a licensee under Chapter 3 or 5 of this Code
6to submit any record required to be submitted to the Secretary
7of State by using electronic media deemed feasible by the
8Secretary of State. The Secretary of State may also require the
9licensee to submit , in addition to requiring the actual
10submittal of the original paper record. The Secretary of State
11shall may also require allow a person or licensee to receive
12any record to be provided by the Secretary of State by using
13electronic media deemed feasible by the Secretary of State,
14instead of providing the original paper record.
15    (b) Beginning on July 1, 2021, electronic Electronic
16submittal, receipt, and delivery of records and electronic
17signatures shall may be authorized or accepted by the Secretary
18of State, when supported by a signed agreement between the
19Secretary of State and the submitter. The agreement shall
20require, at a minimum, each record to include all information
21necessary to complete a transaction, certification by the
22submitter upon its best knowledge as to the truthfulness of the
23data to be submitted to the Secretary of State, and retention
24by the submitter of supporting records.
25    (c) Beginning on July 1, 2021, the The Secretary of State
26shall may establish minimum transaction volume levels, audit

 

 

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1and security standards, technological requirements, and other
2terms and conditions he or she deems necessary for approval of
3the electronic delivery process.
4    (d) When an agreement is made to accept electronic records,
5the Secretary of State shall not be required to produce a
6written record for the submitter with whom the Secretary of
7State has the agreement until requested to do so by the
8submitter.
9    (e) Beginning on July 1, 2021 Upon the request of a
10lienholder submitter, the Secretary of State shall provide
11electronic notification to the lienholder submitter to verify
12the notation and perfection of the lienholder's security
13interest in a vehicle on for which the certificate of title
14required to be created as is an electronic record under Section
153-100.1. Upon receipt of an electronic message from a
16lienholder submitter with a security interest in a vehicle for
17which the certificate of title is an electronic record that the
18lien should be released, the Secretary of State shall enter the
19appropriate electronic record of the release of lien and print
20and mail a paper certificate of title to the owner or
21lienholder at no expense. The Secretary of State may also mail
22the certificate to any other person that delivers to the
23Secretary of State an authorization from the owner to receive
24the certificate. If another lienholder holds a properly
25perfected security interest in the vehicle as reflected in the
26records of the Secretary of State, the certificate shall be

 

 

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1delivered to that lienholder instead of the owner.
2    (f) The Secretary may contract with a private contractor to
3carry out the Secretary's duties under this Section.
4(Source: P.A. 97-838, eff. 7-20-12.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".