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| Public Act 102-0431 | ||||
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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 | ||||
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 | ||
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 | ||
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. | ||