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Public Act 91-0772
HB3420 Enrolled LRB9110429DHsb
AN ACT to amend the Illinois Vehicle Code by changing
Section 3-100 and by adding Sections 3-100.1, 3-100.2, and
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 Section 3-100 and adding Sections 3-100.1, 3-100.2,
and 3-100.3 as follows:
(625 ILCS 5/3-100) (from Ch. 95 1/2, par. 3-100)
Sec. 3-100. Definitions.
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Definition. For the purposes of
this Chapter, the following words shall have the meanings
ascribed to them:
"Electronic" includes electrical, digital, magnetic,
optical, electromagnetic, or any other form of technology
that entails capabilities similar to these technologies.
"Electronic record" means a record generated,
communicated, received, or stored by electronic means for use
in an information system or for transmission from one
information system to another.
"Electronic signature" means a signature in electronic
form attached to or logically associated with an electronic
"Application" means an actual paper document or an
electronically filed document as designed or prescribed by
the Secretary of State.
"Owner" means a person who holds legal document of
ownership of a vehicle, limited to a certificate of origin,
certificate of title, salvage certificate, or junking
certificate. However, in the event a vehicle is the subject
of an agreement for the conditional sale or lease thereof
with the right of purchase upon performance of the conditions
stated in the agreement and with an immediate right of
possession vested in the conditional vendee or lessee, or in
the event a mortgagor of such vehicle is entitled to
possession, then such conditional vendee or lessee or
mortgagor shall be deemed the owner for the purpose of this
Chapter, except as provided under paragraph (c) of Section
"Record" means information that is inscribed, stored, or
otherwise fixed on a tangible medium or that is stored in an
electronic or other medium and is retrievable in perceivable
"Signature" or "signed" includes any symbol executed or
adopted, or any security procedure employed or adopted, using
electronic means or otherwise, by or on behalf of a person
with intent to authenticate a record.
(Source: P.A. 91-79, eff. 1-1-00; 91-357, eff. 7-29-99;
(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
(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.
(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
(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.
(625 ILCS 5/3-100.2)
Sec. 3-100.2. Electronic access; agreements with
(a) The Secretary of State may allow, but not require, a
person to submit any record required to be submitted to the
Secretary of State by using electronic media deemed feasible
by the Secretary of State, instead of requiring the actual
submittal of the original paper record. The Secretary of
State may also allow, but not require, a person 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) Electronic submittal, receipt, and delivery of
records and electronic signatures may be authorized or
accepted by the Secretary of State, when 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
(c) The Secretary of State may 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
(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) Upon the request of a lienholder submitter, 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
for which the certificate of title is an electronic record.
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.
(625 ILCS 5/3-100.3)
Sec. 3-100.3. Rules. The Secretary of State may adopt
rules to implement this Article.
Section 99. Effective date. This Act takes effect
January 1, 2001.