State of Illinois
91st General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]


HB3420 Enrolled                                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 as follows:

 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
HB3420 Enrolled             -2-                LRB9110429DHsb
 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;  provided  that
HB3420 Enrolled             -3-                LRB9110429DHsb
 1        any  forms,  records,  electronic records, and methods of
 2        electronic payment relating to the filing and payment  of
 3        taxes shall be prescribed by the Department of Revenue.
 4        (b)  Electronic  records  accepted  by  the  Secretary of
 5    State have the same force and effect as  records  created  on
 6    paper  by  writing,  typing,  printing, or similar means. The
 7    procedures established by the Secretary of  State  concerning
 8    the  acceptance  of electronic filings and electronic records
 9    shall ensure  that  the  electronic  filings  and  electronic
10    records  are received and stored accurately and that they are
11    readily available to satisfy any statutory requirements  that
12    call for a written record.
13        (c)  Electronic  signatures  accepted by the Secretary of
14    State  shall  have  the  same  force  and  effect  as  manual
15    signatures.
16        (d)  Electronic  delivery  of  records  accepted  by  the
17    Secretary of State shall have the same force  and  effect  as
18    physical delivery of records.
19        (e)  Electronic   records   and   electronic   signatures
20    accepted by the Secretary of State shall be admissible in all
21    administrative,  quasi-judicial, and judicial proceedings. In
22    any such proceeding, nothing in the application of the  rules
23    of evidence shall apply so as to deny the admissibility of an
24    electronic  record  or  electronic signature into evidence on
25    the sole ground that it is an electronic record or electronic
26    signature, or on the grounds that it is not in  its  original
27    form  or  is  not  an original. Information in the form of an
28    electronic record shall be given due  evidentiary  weight  by
29    the trier of fact.

30        (625 ILCS 5/3-100.2)
31        Sec.   3-100.2.  Electronic   access;   agreements   with
32    submitters.
33        (a)  The Secretary of State may allow, but not require, a
HB3420 Enrolled             -4-                LRB9110429DHsb
 1    person  to  submit any record required to be submitted to the
 2    Secretary of State by using electronic media deemed  feasible
 3    by  the  Secretary  of State, instead of requiring the actual
 4    submittal of the original  paper  record.  The  Secretary  of
 5    State  may  also  allow, but not require, a person to receive
 6    any record to be provided by the Secretary of State by  using
 7    electronic  media  deemed feasible by the Secretary of State,
 8    instead of providing the original paper record.
 9        (b)  Electronic  submittal,  receipt,  and  delivery   of
10    records  and  electronic  signatures  may  be  authorized  or
11    accepted  by  the  Secretary  of  State,  when supported by a
12    signed agreement between  the  Secretary  of  State  and  the
13    submitter.  The  agreement  shall require, at a minimum, each
14    record to include all information  necessary  to  complete  a
15    transaction,  certification  by  the  submitter upon its best
16    knowledge as to the truthfulness of the data to be  submitted
17    to  the Secretary of State, and retention by the submitter of
18    supporting records.
19        (c)  The  Secretary  of  State  may   establish   minimum
20    transaction volume  levels,  audit  and  security  standards,
21    technological requirements, and other terms and conditions he
22    or  she  deems  necessary  for  approval  of  the  electronic
23    delivery process.
24        (d)  When  an  agreement  is  made  to accept  electronic
25    records, the Secretary of State  shall  not  be  required  to
26    produce  a  written  record  for  the submitter with whom the
27    Secretary of State has the agreement until requested to do so
28    by the submitter.
29        (e)  Upon the request  of  a  lienholder  submitter,  the
30    Secretary  of  State shall provide electronic notification to
31    the  lienholder  submitter  to  verify   the   notation   and
32    perfection of the lienholder's security interest in a vehicle
33    for  which  the certificate of title is an electronic record.
34    Upon receipt of  an  electronic  message  from  a  lienholder
HB3420 Enrolled             -5-                LRB9110429DHsb
 1    submitter with a security interest in a vehicle for which the
 2    certificate  of  title  is an electronic record that the lien
 3    should be released, the Secretary of State  shall  enter  the
 4    appropriate  electronic  record  of  the  release of lien and
 5    print and mail a paper certificate of title to the  owner  or
 6    lienholder  at  no  expense.  The Secretary of State may also
 7    mail the certificate to any other person that delivers to the
 8    Secretary of State an authorization from the owner to receive
 9    the certificate.  If  another  lienholder  holds  a  properly
10    perfected  security  interest  in the vehicle as reflected in
11    the records of the Secretary of State, the certificate  shall
12    be delivered to that lienholder instead of the owner.

13        (625 ILCS 5/3-100.3)
14        Sec.  3-100.3.  Rules.   The Secretary of State may adopt
15    rules to implement this Article.

16        Section 99.   Effective  date.   This  Act  takes  effect
17    January 1, 2001.

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