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91_HB3420eng HB3420 Engrossed LRB9110429DHsb 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Section 3-100 and by adding Sections 3-100.1, 3-100.2, and 3 3-100.3. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Illinois Vehicle Code is amended by 7 changing Section 3-100 and adding Sections 3-100.1, 3-100.2, 8 and 3-100.3 as follows: 9 (625 ILCS 5/3-100) +m(from Ch. 95 1/2, par. 3-100)@m 10 Sec. 3-100. Definitions.Definition.For the purposes of 11 this Chapter, the following words shall have the meanings 12 ascribed to them: 13 "Electronic" includes electrical, digital, magnetic, 14 optical, electromagnetic, or any other form of technology 15 that entails capabilities similar to these technologies. 16 "Electronic record" means a record generated, 17 communicated, received, or stored by electronic means for use 18 in an information system or for transmission from one 19 information system to another. 20 "Electronic signature" means a signature in electronic 21 form attached to or logically associated with an electronic 22 record. 23"Application" means an actual paper document or an24electronically filed document as designed or prescribed by25the Secretary of State.26 "Owner" means a person who holds legal document of 27 ownership of a vehicle, limited to a certificate of origin, 28 certificate of title, salvage certificate, or junking 29 certificate. However, in the event a vehicle is the subject 30 of an agreement for the conditional sale or lease thereof 31 with the right of purchase upon performance of the conditions HB3420 Engrossed -2- LRB9110429DHsb 1 stated in the agreement and with an immediate right of 2 possession vested in the conditional vendee or lessee, or in 3 the event a mortgagor of such vehicle is entitled to 4 possession, then such conditional vendee or lessee or 5 mortgagor shall be deemed the owner for the purpose of this 6 Chapter, except as provided under paragraph (c) of Section 7 3-118. 8 "Record" means information that is inscribed, stored, or 9 otherwise fixed on a tangible medium or that is stored in an 10 electronic or other medium and is retrievable in perceivable 11 form. 12 "Signature" or "signed" includes any symbol executed or 13 adopted, or any security procedure employed or adopted, using 14 electronic means or otherwise, by or on behalf of a person 15 with intent to authenticate a record. 16 +n(Source: P.A. 91-79, eff. 1-1-00; 91-357, eff. 7-29-99; 17 revised 8-30-99.)@n 18 (625 ILCS 5/3-100.1) 19 Sec. 3-100.1. Use of electronic records. 20 (a) To the extent authorized by the Secretary of State 21 and in accordance with standards and procedures prescribed by 22 the Secretary of State: 23 (1) Certificates, certifications, affidavits, 24 applications, assignments, statements, notices, 25 documents, and other records required under this Chapter 26 may be created, distributed, and received in electronic 27 form. 28 (2) Signatures required under this Chapter may be 29 made as electronic signatures or may be waived. 30 (3) Delivery of records required under this Chapter 31 may be made by any means, including electronic delivery. 32 (4) Fees and taxes required to be paid under this 33 Chapter may be made by electronic means; provided that HB3420 Engrossed -3- LRB9110429DHsb 1 any forms, records, electronic records, and methods of 2 electronic payment relating to the filing and payment of 3 taxes shall be prescribed by the Department of Revenue. 4 (b) Electronic records accepted by the Secretary of 5 State have the same force and effect as records created on 6 paper by writing, typing, printing, or similar means. The 7 procedures established by the Secretary of State concerning 8 the acceptance of electronic filings and electronic records 9 shall ensure that the electronic filings and electronic 10 records are received and stored accurately and that they are 11 readily available to satisfy any statutory requirements that 12 call for a written record. 13 (c) Electronic signatures accepted by the Secretary of 14 State shall have the same force and effect as manual 15 signatures. 16 (d) Electronic delivery of records accepted by the 17 Secretary of State shall have the same force and effect as 18 physical delivery of records. 19 (e) Electronic records and electronic signatures 20 accepted by the Secretary of State shall be admissible in all 21 administrative, quasi-judicial, and judicial proceedings. In 22 any such proceeding, nothing in the application of the rules 23 of evidence shall apply so as to deny the admissibility of an 24 electronic record or electronic signature into evidence on 25 the sole ground that it is an electronic record or electronic 26 signature, or on the grounds that it is not in its original 27 form or is not an original. Information in the form of an 28 electronic record shall be given due evidentiary weight by 29 the trier of fact. 30 (625 ILCS 5/3-100.2) 31 Sec. 3-100.2. Electronic access; agreements with 32 submitters. 33 (a) The Secretary of State may allow, but not require, a HB3420 Engrossed -4- LRB9110429DHsb 1 person to submit any record required to be submitted to the 2 Secretary of State by using electronic media deemed feasible 3 by the Secretary of State, instead of requiring the actual 4 submittal of the original paper record. The Secretary of 5 State may also allow, but not require, a person to receive 6 any record to be provided by the Secretary of State by using 7 electronic media deemed feasible by the Secretary of State, 8 instead of providing the original paper record. 9 (b) Electronic submittal, receipt, and delivery of 10 records and electronic signatures may be authorized or 11 accepted by the Secretary of State, when supported by a 12 signed agreement between the Secretary of State and the 13 submitter. The agreement shall require, at a minimum, each 14 record to include all information necessary to complete a 15 transaction, certification by the submitter upon its best 16 knowledge as to the truthfulness of the data to be submitted 17 to the Secretary of State, and retention by the submitter of 18 supporting records. 19 (c) The Secretary of State may establish minimum 20 transaction volume levels, audit and security standards, 21 technological requirements, and other terms and conditions he 22 or she deems necessary for approval of the electronic 23 delivery process. 24 (d) When an agreement is made to accept electronic 25 records, the Secretary of State shall not be required to 26 produce a written record for the submitter with whom the 27 Secretary of State has the agreement until requested to do so 28 by the submitter. 29 (e) Upon the request of a lienholder submitter, the 30 Secretary of State shall provide electronic notification to 31 the lienholder submitter to verify the notation and 32 perfection of the lienholder's security interest in a vehicle 33 for which the certificate of title is an electronic record. 34 Upon receipt of an electronic message from a lienholder HB3420 Engrossed -5- LRB9110429DHsb 1 submitter with a security interest in a vehicle for which the 2 certificate of title is an electronic record that the lien 3 should be released, the Secretary of State shall enter the 4 appropriate electronic record of the release of lien and 5 print and mail a paper certificate of title to the owner or 6 lienholder at no expense. The Secretary of State may also 7 mail the certificate to any other person that delivers to the 8 Secretary of State an authorization from the owner to receive 9 the certificate. If another lienholder holds a properly 10 perfected security interest in the vehicle as reflected in 11 the records of the Secretary of State, the certificate shall 12 be delivered to that lienholder instead of the owner. 13 (625 ILCS 5/3-100.3) 14 Sec. 3-100.3. Rules. The Secretary of State may adopt 15 rules to implement this Article. 16 Section 99. Effective date. This Act takes effect 17 January 1, 2001.