| ||||
| Public Act 101-0490 | ||||
| ||||
| ||||
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, 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.
| ||
(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. 91-772, eff. 1-1-01.)
| ||
(625 ILCS 5/3-100.2)
| ||
Sec. 3-100.2. Electronic access; agreements with
| ||
submitters. | ||
(a) No later than July 1, 2021, the The Secretary of State | ||
shall may 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. , in addition to
requiring the actual | ||
submittal of The Secretary of State may also require the | ||
licensee to submit the original paper
record. The Secretary of | ||
State shall may also require allow 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, 2021, electronic Electronic | ||
submittal, receipt, and delivery of records and electronic
| ||
signatures shall may be authorized or accepted by the Secretary | ||
of State,
when 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, 2021, the The Secretary of State | ||
shall may 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, 2021 Upon the request of a | ||
lienholder submitter, 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 for which the certificate of title | ||
required to be created as is 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. 97-838, eff. 7-20-12.)
| ||