Public Act 102-0431
Public Act 0431 102ND GENERAL ASSEMBLY
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Public Act 102-0431
| | HB2432 Enrolled | LRB102 15161 RAM 20516 b |
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| 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, 2022 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.
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| (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. 101-490, eff. 1-1-20.)
| (625 ILCS 5/3-100.2)
| Sec. 3-100.2. Electronic access; agreements with
| submitters. | (a) No later than July 1, 2022 2021, the Secretary of State | shall 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. The Secretary of State may also require |
| the licensee to submit the original paper
record. The | Secretary of State shall also require 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, 2022 2021, electronic submittal, | receipt, and delivery of records and electronic
signatures | shall be 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, 2022 2021, the Secretary of State | shall 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, 2022 2021, 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 the certificate | of title required to be created as 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. 101-490, eff. 1-1-20.)
| Section 99. Effective date. This Act takes effect upon | becoming law. |
Effective Date: 8/20/2021
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