Illinois General Assembly - Full Text of Public Act 102-0431
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Public Act 102-0431


 

Public Act 0431 102ND GENERAL ASSEMBLY



 


 
Public Act 102-0431
 
HB2432 EnrolledLRB102 15161 RAM 20516 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, 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.
    (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. 101-490, eff. 1-1-20.)
 
    (625 ILCS 5/3-100.2)
    Sec. 3-100.2. Electronic access; agreements with
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.
    (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
submitted to the Secretary of State, and retention by the
submitter of supporting records.
    (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.
    (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, 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
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. 101-490, eff. 1-1-20.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/20/2021