|  |
Public Act 101-0490
Public Act 0490 101ST GENERAL ASSEMBLY
|
Public Act 101-0490
| | HB2856 Enrolled | LRB101 09229 TAE 54323 b |
|
| 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.)
|
Effective Date: 1/1/2020
|
|
|
|
Translate
