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91_HB3420
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.
9 (625 ILCS 5/3-100) (from Ch. 95 1/2, par. 3-100)
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 an
24 electronically filed document as designed or prescribed by
25 the 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
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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 (Source: P.A. 91-79, eff. 1-1-00; 91-357, eff. 7-29-99;
17 revised 8-30-99.)
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.
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1 (b) Electronic records accepted by the Secretary of
2 State have the same force and effect as records created on
3 paper by writing, typing, printing, or similar means. The
4 procedures established by the Secretary of State concerning
5 the acceptance of electronic filings and electronic records
6 shall ensure that the electronic filings and electronic
7 records are received and stored accurately and that they are
8 readily available to satisfy any statutory requirements that
9 call for a written record.
10 (c) Electronic signatures accepted by the Secretary of
11 State shall have the same force and effect as manual
12 signatures.
13 (d) Electronic delivery of records accepted by the
14 Secretary of State shall have the same force and effect as
15 physical delivery of records.
16 (e) Electronic records and electronic signatures
17 accepted by the Secretary of State shall be admissible in all
18 administrative, quasi-judicial, and judicial proceedings. In
19 any such proceeding, nothing in the application of the rules
20 of evidence shall apply so as to deny the admissibility of an
21 electronic record or electronic signature into evidence on
22 the sole ground that it is an electronic record or electronic
23 signature, or on the grounds that it is not in its original
24 form or is not an original. Information in the form of an
25 electronic record shall be given due evidentiary weight by
26 the trier of fact.
27 (625 ILCS 5/3-100.2)
28 Sec. 3-100.2. Electronic access; agreements with
29 submitters.
30 (a) The Secretary of State may allow, but not require, a
31 person to submit any record required to be submitted to the
32 Secretary of State by using electronic media deemed feasible
33 by the Secretary of State, instead of requiring the actual
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1 submittal of the original paper record. The Secretary of
2 State may also allow, but not require, a person to receive
3 any record to be provided by the Secretary of State by using
4 electronic media deemed feasible by the Secretary of State,
5 instead of providing the original paper record.
6 (b) Electronic submittal, receipt, and delivery of
7 records and electronic signatures may be authorized or
8 accepted by the Secretary of State, when supported by a
9 signed agreement between the Secretary of State and the
10 submitter. The agreement shall require, at a minimum, each
11 record to include all information necessary to complete a
12 transaction, certification by the submitter as to the
13 truthfulness of the data to be submitted to the Secretary of
14 State, and retention by the submitter of supporting records.
15 (c) The Secretary of State may establish minimum
16 transaction volume levels, audit and security standards,
17 technological requirements, and other terms and conditions he
18 or she deems necessary for approval of the electronic
19 delivery process.
20 (d) When an agreement is made to accept electronic
21 records, the Secretary of State shall not be required to
22 produce a written record until requested to do so by the
23 submitter with whom the Secretary of State has the agreement.
24 (625 ILCS 5/3-100.3)
25 Sec. 3-100.3. Rules. The Secretary of State may adopt
26 rules to implement this Article.
27 Section 99. Effective date. This Act takes effect
28 January 1, 2001.