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Public Act 102-0431
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| HB2432 Enrolled | LRB102 15161 RAM 20516 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by |
changing Sections 3-100.1 and 3-100.2 as follows:
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(625 ILCS 5/3-100.1)
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Sec. 3-100.1. Use of electronic records.
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(a) To the extent authorized by the Secretary of State and |
in accordance
with standards and procedures prescribed by the |
Secretary of State:
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(1) Certificates, certifications, affidavits,
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applications, assignments, statements, notices,
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documents, and other records required under this
Chapter |
may be created, distributed, and received
in electronic |
form.
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(2) Signatures required under this Chapter may be made |
as electronic
signatures or may be waived.
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(3) Delivery of records required under this Chapter |
may be made by any
means, including electronic delivery.
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(4) Fees and taxes required to be paid under this |
Chapter may be made
by electronic means; provided that any
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forms, records, electronic records, and methods of |
electronic payment
relating to the filing and payment of |
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taxes shall be prescribed by the
Department of Revenue.
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(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.
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(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.
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(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
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electronic record shall be given due evidentiary weight by the |
trier
of fact.
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(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.)
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(625 ILCS 5/3-100.2)
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Sec. 3-100.2. Electronic access; agreements with
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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 |
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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.
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(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
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submitted to the Secretary of State, and retention by the |
submitter of
supporting records.
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(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.
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(d) When an agreement is made to accept electronic
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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.
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(e) No later than July 1, 2022 2021, the Secretary of State |
shall
provide electronic notification to the
lienholder |
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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
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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.
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(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.)
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Section 99. Effective date. This Act takes effect upon |
becoming law. |