HB2432 EnrolledLRB102 15161 RAM 20516 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Sections 3-100.1 and 3-100.2 as follows:
 
6    (625 ILCS 5/3-100.1)
7    Sec. 3-100.1. Use of electronic records.
8    (a) To the extent authorized by the Secretary of State and
9in accordance with standards and procedures prescribed by the
10Secretary of State:
11        (1) Certificates, certifications, affidavits,
12    applications, assignments, statements, notices,
13    documents, and other records required under this Chapter
14    may be created, distributed, and received in electronic
15    form.
16        (2) Signatures required under this Chapter may be made
17    as electronic signatures or may be waived.
18        (3) Delivery of records required under this Chapter
19    may be made by any means, including electronic delivery.
20        (4) Fees and taxes required to be paid under this
21    Chapter may be made by electronic means; provided that any
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.
2    (a-5) No later than July 1, 2022 2021, the Secretary of
3State shall implement, manage, and administer an electronic
4lien and title system that will permit a lienholder to
5perfect, assign, and release a lien under this Code. The
6system may include the points in subsection (a) as to the
7identified objectives of the program. The Secretary shall
8establish by administrative rule the standards and procedures
9relating to the management and implementation of the mandatory
10electronic lien and title system established under this
11subsection. The Secretary may charge a reasonable fee for
12performing the services and functions relating to the
13management and administration of the system. The fee shall be
14set by administrative rule adopted by the Secretary.
15    (b) Electronic records accepted by the Secretary of State
16have the same force and effect as records created on paper by
17writing, typing, printing, or similar means. The procedures
18established by the Secretary of State concerning the
19acceptance of electronic filings and electronic records shall
20ensure that the electronic filings and electronic records are
21received and stored accurately and that they are readily
22available to satisfy any statutory requirements that call for
23a written record.
24    (c) Electronic signatures accepted by the Secretary of
25State shall have the same force and effect as manual
26signatures.

 

 

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1    (d) Electronic delivery of records accepted by the
2Secretary of State shall have the same force and effect as
3physical delivery of records.
4    (e) Electronic records and electronic signatures accepted
5by the Secretary of State shall be admissible in all
6administrative, quasi-judicial, and judicial proceedings. In
7any such proceeding, nothing in the application of the rules
8of evidence shall apply so as to deny the admissibility of an
9electronic record or electronic signature into evidence on the
10sole ground that it is an electronic record or electronic
11signature, or on the grounds that it is not in its original
12form or is not an original. Information in the form of an
13electronic record shall be given due evidentiary weight by the
14trier of fact.
15    (f) The Secretary may contract with a private contractor
16to carry out the Secretary's duties under this Section.
17(Source: P.A. 101-490, eff. 1-1-20.)
 
18    (625 ILCS 5/3-100.2)
19    Sec. 3-100.2. Electronic access; agreements with
20submitters.
21    (a) No later than July 1, 2022 2021, the Secretary of State
22shall require a licensee under Chapter 3 or 5 of this Code to
23submit any record required to be submitted to the Secretary of
24State by using electronic media deemed feasible by the
25Secretary of State. The Secretary of State may also require

 

 

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1the licensee to submit the original paper record. The
2Secretary of State shall also require a person or licensee to
3receive any record to be provided by the Secretary of State by
4using electronic media deemed feasible by the Secretary of
5State, instead of providing the original paper record.
6    (b) No later than July 1, 2022 2021, electronic submittal,
7receipt, and delivery of records and electronic signatures
8shall be supported by a signed agreement between the Secretary
9of State and the submitter. The agreement shall require, at a
10minimum, each record to include all information necessary to
11complete a transaction, certification by the submitter upon
12its best knowledge as to the truthfulness of the data to be
13submitted to the Secretary of State, and retention by the
14submitter of supporting records.
15    (c) No later than July 1, 2022 2021, the Secretary of State
16shall establish minimum transaction volume levels, audit and
17security standards, technological requirements, and other
18terms and conditions he or she deems necessary for approval of
19the electronic delivery process.
20    (d) When an agreement is made to accept electronic
21records, the Secretary of State shall not be required to
22produce a written record for the submitter with whom the
23Secretary of State has the agreement until requested to do so
24by the submitter.
25    (e) No later than July 1, 2022 2021, the Secretary of State
26shall provide electronic notification to the lienholder

 

 

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1submitter to verify the notation and perfection of the
2lienholder's security interest in a vehicle on the certificate
3of title required to be created as an electronic record under
4Section 3-100.1. Upon receipt of an electronic message from a
5lienholder submitter with a security interest in a vehicle for
6which the certificate of title is an electronic record that
7the lien should be released, the Secretary of State shall
8enter the appropriate electronic record of the release of lien
9and print and mail a paper certificate of title to the owner or
10lienholder at no expense. The Secretary of State may also mail
11the certificate to any other person that delivers to the
12Secretary of State an authorization from the owner to receive
13the certificate. If another lienholder holds a properly
14perfected security interest in the vehicle as reflected in the
15records of the Secretary of State, the certificate shall be
16delivered to that lienholder instead of the owner.
17    (f) The Secretary may contract with a private contractor
18to carry out the Secretary's duties under this Section.
19(Source: P.A. 101-490, eff. 1-1-20.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.