State of Illinois
91st General Assembly
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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
3-100.3.

    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. 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
record.
    "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
3-118.
    "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
form.
    "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;
revised 8-30-99.)

    (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
    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.
    (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.

    (625 ILCS 5/3-100.2)
    Sec.   3-100.2.  Electronic   access;   agreements   with
submitters.
    (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
supporting records.
    (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
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)  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.

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