Full Text of HB2856 101st General Assembly
HB2856ham001 101ST GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing 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 | 9 | | in accordance
with standards and procedures prescribed by the | 10 | | Secretary 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, | 9 | | distribution, and receipt of certificates, certifications, | 10 | | affidavits, applications, assignments, statements, notices, | 11 | | documents, and other records; (2) use of signatures; (3) | 12 | | delivery of records; and (4) payment of required fees as | 13 | | identified in subsection (a) shall be created, distributed, | 14 | | received, made, used, delivered, and paid in electronic form as | 15 | | those functions relate to the implementation and ongoing | 16 | | management and administration of an electronic lien and title | 17 | | system to process the electronic notation and release of | 18 | | security interests in motor vehicles under Section 3-100.2 of | 19 | | this Code or as otherwise determined by the Secretary. The | 20 | | Secretary may charge a fee for each electronic notation and | 21 | | release of security interest. The fee shall be set by | 22 | | administrative rule and shall not exceed $1 per transaction. | 23 | | (b) Electronic records accepted by the Secretary of State | 24 | | have the
same force and effect as records created on paper by | 25 | | writing, typing,
printing, or similar means. The procedures | 26 | | established by the
Secretary of State concerning the acceptance |
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| 1 | | of electronic filings
and electronic records shall ensure that | 2 | | the electronic filings and
electronic records are received and | 3 | | stored accurately and that they
are readily available to | 4 | | satisfy any statutory requirements that call
for a written | 5 | | record.
| 6 | | (c) Electronic signatures accepted by the Secretary of | 7 | | State shall have the
same force and effect as manual | 8 | | signatures.
| 9 | | (d) Electronic delivery of records accepted by the | 10 | | Secretary of State shall
have the same force and effect as | 11 | | physical delivery of records.
| 12 | | (e) Electronic records and electronic signatures accepted | 13 | | by the Secretary
of State shall be admissible in all | 14 | | administrative, quasi-judicial,
and judicial proceedings. In | 15 | | any such proceeding, nothing in the
application of the rules of | 16 | | evidence shall apply so as to deny the
admissibility of an | 17 | | electronic record or electronic signature into
evidence on the | 18 | | sole ground that it is an electronic record or
electronic | 19 | | signature, or on the grounds that it is not in its
original | 20 | | form or is not an original. Information in the form of an
| 21 | | electronic record shall be given due evidentiary weight by the | 22 | | trier
of fact.
| 23 | | (f) The Secretary may contract with a private contractor to | 24 | | carry 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
| 3 | | submitters. | 4 | | (a) Beginning on July 1, 2021, the The Secretary of State | 5 | | shall may require a licensee under Chapter 3 or 5 of this Code | 6 | | to submit
any record required to be submitted to the Secretary | 7 | | of State by
using electronic media deemed feasible by the | 8 | | Secretary of State . The Secretary of State may also require the | 9 | | licensee to submit , in addition to
requiring the actual | 10 | | submittal of the original paper
record. The Secretary of State | 11 | | shall may also require allow a
person or licensee to receive | 12 | | any record to be provided by the Secretary of State
by using | 13 | | electronic media deemed feasible by the Secretary of State,
| 14 | | instead of providing the original paper record.
| 15 | | (b) Beginning on July 1, 2021, electronic Electronic | 16 | | submittal, receipt, and delivery of records and electronic
| 17 | | signatures shall may be authorized or accepted by the Secretary | 18 | | of State,
when supported by a signed agreement between the | 19 | | Secretary of State
and the submitter. The agreement shall | 20 | | require, at a minimum, each
record to include all information | 21 | | necessary to complete a
transaction, certification by the | 22 | | submitter upon its best knowledge as to the
truthfulness of
the | 23 | | data to be
submitted to the Secretary of State, and retention | 24 | | by the submitter of
supporting records.
| 25 | | (c) Beginning on July 1, 2021, the The Secretary of State | 26 | | shall may establish minimum
transaction volume levels, audit |
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| 1 | | and security
standards, technological requirements, and other | 2 | | terms
and conditions he or she deems necessary for approval of | 3 | | the
electronic delivery process.
| 4 | | (d) When an agreement is made to accept electronic
records, | 5 | | the Secretary of State shall not be required
to produce a | 6 | | written record for
the submitter with whom the Secretary of | 7 | | State has
the agreement until requested to do so by the | 8 | | submitter.
| 9 | | (e) Beginning on July 1, 2021 Upon the request of a | 10 | | lienholder submitter , the Secretary of State shall
provide | 11 | | electronic notification to the
lienholder submitter to verify | 12 | | the notation and perfection of the lienholder's
security | 13 | | interest in a vehicle on for which the certificate of title | 14 | | required to be created as is an
electronic record under Section | 15 | | 3-100.1 . Upon receipt of an electronic message from a | 16 | | lienholder
submitter with a security interest in a vehicle for | 17 | | which the certificate of
title is an electronic record that the | 18 | | lien should be released, the Secretary
of State shall enter the | 19 | | appropriate electronic record of the release of lien
and print | 20 | | and mail a paper certificate of title to the owner or | 21 | | lienholder at
no expense. The Secretary of State may also mail | 22 | | the certificate to any other
person that delivers to the | 23 | | Secretary of State an authorization from the owner
to receive | 24 | | the certificate. If another lienholder holds a properly | 25 | | perfected
security interest in the vehicle as reflected in the | 26 | | records of the Secretary
of State, the certificate shall be |
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| 1 | | delivered to that lienholder instead of the
owner.
| 2 | | (f) The Secretary may contract with a private contractor to | 3 | | carry 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 | 6 | | becoming law.".
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