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| 1 | | AN ACT concerning transportation.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Vehicle Code is amended by |
| 5 | | changing Sections 3-100.1 and 3-100.2 as follows:
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| 6 | | (625 ILCS 5/3-100.1)
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| 7 | | Sec. 3-100.1. Use of electronic records.
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| 8 | | (a) To the extent authorized by the Secretary of State and |
| 9 | | in accordance
with standards and procedures prescribed by the |
| 10 | | Secretary of State:
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| 11 | | (1) Certificates, certifications, affidavits,
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| 12 | | applications, assignments, statements, notices,
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| 13 | | documents, and other records required under this
Chapter |
| 14 | | may be created, distributed, and received
in electronic |
| 15 | | form.
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| 16 | | (2) Signatures required under this Chapter may be made |
| 17 | | as electronic
signatures or may be waived.
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| 18 | | (3) Delivery of records required under this Chapter |
| 19 | | may be made by any
means, including electronic delivery.
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| 20 | | (4) Fees and taxes required to be paid under this |
| 21 | | Chapter may be made
by electronic means; provided that any
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| 22 | | forms, records, electronic records, and methods of |
| 23 | | electronic payment
relating to the filing and payment of |
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| 1 | | taxes shall be prescribed by the
Department of Revenue.
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| 2 | | (a-5) No later than July 1, 2022 2021, the Secretary of |
| 3 | | State shall implement, manage, and administer an electronic |
| 4 | | lien and title system that will permit a lienholder to |
| 5 | | perfect, assign, and release a lien under this Code. The |
| 6 | | system may include the points in subsection (a) as to the |
| 7 | | identified objectives of the program. The Secretary shall |
| 8 | | establish by administrative rule the standards and procedures |
| 9 | | relating to the management and implementation of the mandatory |
| 10 | | electronic lien and title system established under this |
| 11 | | subsection. The Secretary may charge a reasonable fee for |
| 12 | | performing the services and functions relating to the |
| 13 | | management and administration of the system. The fee shall be |
| 14 | | set by administrative rule adopted by the Secretary. |
| 15 | | (b) Electronic records accepted by the Secretary of State |
| 16 | | have the
same force and effect as records created on paper by |
| 17 | | writing, typing,
printing, or similar means. The procedures |
| 18 | | established by the
Secretary of State concerning the |
| 19 | | acceptance of electronic filings
and electronic records shall |
| 20 | | ensure that the electronic filings and
electronic records are |
| 21 | | received and stored accurately and that they
are readily |
| 22 | | available to satisfy any statutory requirements that call
for |
| 23 | | a written record.
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| 24 | | (c) Electronic signatures accepted by the Secretary of |
| 25 | | State shall have the
same force and effect as manual |
| 26 | | signatures.
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| 1 | | (d) Electronic delivery of records accepted by the |
| 2 | | Secretary of State shall
have the same force and effect as |
| 3 | | physical delivery of records.
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| 4 | | (e) Electronic records and electronic signatures accepted |
| 5 | | by the Secretary
of State shall be admissible in all |
| 6 | | administrative, quasi-judicial,
and judicial proceedings. In |
| 7 | | any such proceeding, nothing in the
application of the rules |
| 8 | | of evidence shall apply so as to deny the
admissibility of an |
| 9 | | electronic record or electronic signature into
evidence on the |
| 10 | | sole ground that it is an electronic record or
electronic |
| 11 | | signature, or on the grounds that it is not in its
original |
| 12 | | form or is not an original. Information in the form of an
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| 13 | | electronic record shall be given due evidentiary weight by the |
| 14 | | trier
of fact.
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| 15 | | (f) The Secretary may contract with a private contractor |
| 16 | | to carry out the Secretary's duties under this Section. |
| 17 | | (Source: P.A. 101-490, eff. 1-1-20.)
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| 18 | | (625 ILCS 5/3-100.2)
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| 19 | | Sec. 3-100.2. Electronic access; agreements with
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| 20 | | submitters. |
| 21 | | (a) No later than July 1, 2022 2021, the Secretary of State |
| 22 | | shall require a licensee under Chapter 3 or 5 of this Code to |
| 23 | | submit
any record required to be submitted to the Secretary of |
| 24 | | State by
using electronic media deemed feasible by the |
| 25 | | Secretary of State. The Secretary of State may also require |
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| 1 | | the licensee to submit the original paper
record. The |
| 2 | | Secretary of State shall also require a
person or licensee to |
| 3 | | receive any record to be provided by the Secretary of State
by |
| 4 | | using electronic media deemed feasible by the Secretary of |
| 5 | | State,
instead of providing the original paper record.
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| 6 | | (b) No later than July 1, 2022 2021, electronic submittal, |
| 7 | | receipt, and delivery of records and electronic
signatures |
| 8 | | shall be supported by a signed agreement between the Secretary |
| 9 | | of State
and the submitter. The agreement shall require, at a |
| 10 | | minimum, each
record to include all information necessary to |
| 11 | | complete a
transaction, certification by the submitter upon |
| 12 | | its best knowledge as to the
truthfulness of
the data to be
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| 13 | | submitted to the Secretary of State, and retention by the |
| 14 | | submitter of
supporting records.
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| 15 | | (c) No later than July 1, 2022 2021, the Secretary of State |
| 16 | | shall establish minimum
transaction volume levels, audit and |
| 17 | | security
standards, technological requirements, and other |
| 18 | | terms
and conditions he or she deems necessary for approval of |
| 19 | | the
electronic delivery process.
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| 20 | | (d) When an agreement is made to accept electronic
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| 21 | | records, the Secretary of State shall not be required
to |
| 22 | | produce a written record for
the submitter with whom the |
| 23 | | Secretary of State has
the agreement until requested to do so |
| 24 | | by the submitter.
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| 25 | | (e) No later than July 1, 2022 2021, the Secretary of State |
| 26 | | shall
provide electronic notification to the
lienholder |
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| 1 | | submitter to verify the notation and perfection of the |
| 2 | | lienholder's
security interest in a vehicle on the certificate |
| 3 | | of title required to be created as an
electronic record under |
| 4 | | Section 3-100.1. Upon receipt of an electronic message from a |
| 5 | | lienholder
submitter with a security interest in a vehicle for |
| 6 | | which the certificate of
title is an electronic record that |
| 7 | | the lien should be released, the Secretary
of State shall |
| 8 | | enter the appropriate electronic record of the release of lien
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| 9 | | and print and mail a paper certificate of title to the owner or |
| 10 | | lienholder at
no expense. The Secretary of State may also mail |
| 11 | | the certificate to any other
person that delivers to the |
| 12 | | Secretary of State an authorization from the owner
to receive |
| 13 | | the certificate. If another lienholder holds a properly |
| 14 | | perfected
security interest in the vehicle as reflected in the |
| 15 | | records of the Secretary
of State, the certificate shall be |
| 16 | | delivered to that lienholder instead of the
owner.
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| 17 | | (f) The Secretary may contract with a private contractor |
| 18 | | to carry out the Secretary's duties under this Section. |
| 19 | | (Source: P.A. 101-490, eff. 1-1-20.)
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| 20 | | Section 99. Effective date. This Act takes effect upon |
| 21 | | becoming law. |