Bill Text: IL HB2856 | 2019-2020 | 101st General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Provides that, beginning on July 1, 2021, the (1) creation, distribution, and receipt of certificates, certifications, affidavits, applications, assignments, statements, notices, documents, and other records; (2) use of signatures; (3) delivery of records; and (4) payment of required fees shall be made in electronic form as those functions relate to the implementation and ongoing management and administration of an electronic lien and title system to process the electronic notation and release of security interests in motor vehicles. Provides that the Secretary of State may charge a fee of up to $1 for each electronic notation and release of security interest. Provides that the Secretary may contract with a private contractor to facilitate the electronic processes. Provides that, beginning on July 1, 2021, the Secretary shall (instead of "may") require a licensee to submit any record required to be submitted to the Secretary using electronic media deemed feasible by the Secretary and that electronic submittal, receipt, and delivery of records and electronic signatures shall be supported by a signed agreement between the Secretary and the submitter. Provides that, beginning on July 1, 2021, the Secretary shall provide electronic notification and perfection of the lienholder's security interest in a vehicle on the certificate of title. Deletes language requiring that a request for electronic notification and perfection be made by a lienholder submitter. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0490 [HB2856 Detail]
Download: Illinois-2019-HB2856-Engrossed.html
Bill Title: Amends the Illinois Vehicle Code. Provides that, beginning on July 1, 2021, the (1) creation, distribution, and receipt of certificates, certifications, affidavits, applications, assignments, statements, notices, documents, and other records; (2) use of signatures; (3) delivery of records; and (4) payment of required fees shall be made in electronic form as those functions relate to the implementation and ongoing management and administration of an electronic lien and title system to process the electronic notation and release of security interests in motor vehicles. Provides that the Secretary of State may charge a fee of up to $1 for each electronic notation and release of security interest. Provides that the Secretary may contract with a private contractor to facilitate the electronic processes. Provides that, beginning on July 1, 2021, the Secretary shall (instead of "may") require a licensee to submit any record required to be submitted to the Secretary using electronic media deemed feasible by the Secretary and that electronic submittal, receipt, and delivery of records and electronic signatures shall be supported by a signed agreement between the Secretary and the submitter. Provides that, beginning on July 1, 2021, the Secretary shall provide electronic notification and perfection of the lienholder's security interest in a vehicle on the certificate of title. Deletes language requiring that a request for electronic notification and perfection be made by a lienholder submitter. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0490 [HB2856 Detail]
Download: Illinois-2019-HB2856-Engrossed.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 3-100.1 and 3-100.2 as follows:
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6 | (625 ILCS 5/3-100.1)
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7 | Sec. 3-100.1. Use of electronic records.
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8 | (a) To the extent authorized by the Secretary of State and | ||||||
9 | in accordance
with standards and procedures prescribed by the | ||||||
10 | Secretary of State:
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11 | (1) Certificates, certifications, affidavits,
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12 | applications, assignments, statements, notices,
documents, | ||||||
13 | and other records required under this
Chapter may be | ||||||
14 | created, distributed, and received
in electronic form.
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15 | (2) Signatures required under this Chapter may be made | ||||||
16 | as electronic
signatures or may be waived.
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17 | (3) Delivery of records required under this Chapter may | ||||||
18 | be made by any
means, including electronic delivery.
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19 | (4) Fees and taxes required to be paid under this | ||||||
20 | Chapter may be made
by electronic means; provided that any
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21 | forms, records, electronic records, and methods of | ||||||
22 | electronic payment
relating to the filing and payment of | ||||||
23 | taxes shall be prescribed by the
Department of Revenue.
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1 | (a-5) No later than July 1, 2021, the Secretary of State | ||||||
2 | shall implement, manage, and administer an electronic lien and | ||||||
3 | title system that will permit a lienholder to perfect, assign, | ||||||
4 | and release a lien under this Code. The system may include the | ||||||
5 | points in subsection (a) as to the identified objectives of the | ||||||
6 | program. The Secretary shall establish by administrative rule | ||||||
7 | the standards and procedures relating to the management and | ||||||
8 | implementation of the mandatory electronic lien and title | ||||||
9 | system established under this subsection. The Secretary may | ||||||
10 | charge a reasonable fee for performing the services and | ||||||
11 | functions relating to the management and administration of the | ||||||
12 | system. The fee shall be set by administrative rule adopted by | ||||||
13 | the Secretary. | ||||||
14 | (b) Electronic records accepted by the Secretary of State | ||||||
15 | have the
same force and effect as records created on paper by | ||||||
16 | writing, typing,
printing, or similar means. The procedures | ||||||
17 | established by the
Secretary of State concerning the acceptance | ||||||
18 | of electronic filings
and electronic records shall ensure that | ||||||
19 | the electronic filings and
electronic records are received and | ||||||
20 | stored accurately and that they
are readily available to | ||||||
21 | satisfy any statutory requirements that call
for a written | ||||||
22 | record.
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23 | (c) Electronic signatures accepted by the Secretary of | ||||||
24 | State shall have the
same force and effect as manual | ||||||
25 | signatures.
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26 | (d) Electronic delivery of records accepted by the |
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1 | Secretary of State shall
have the same force and effect as | ||||||
2 | physical delivery of records.
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3 | (e) Electronic records and electronic signatures accepted | ||||||
4 | by the Secretary
of State shall be admissible in all | ||||||
5 | administrative, quasi-judicial,
and judicial proceedings. In | ||||||
6 | any such proceeding, nothing in the
application of the rules of | ||||||
7 | evidence shall apply so as to deny the
admissibility of an | ||||||
8 | electronic record or electronic signature into
evidence on the | ||||||
9 | sole ground that it is an electronic record or
electronic | ||||||
10 | signature, or on the grounds that it is not in its
original | ||||||
11 | form or is not an original. Information in the form of an
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12 | electronic record shall be given due evidentiary weight by the | ||||||
13 | trier
of fact.
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14 | (f) The Secretary may contract with a private contractor to | ||||||
15 | carry out the Secretary's duties under this Section. | ||||||
16 | (Source: P.A. 91-772, eff. 1-1-01.)
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17 | (625 ILCS 5/3-100.2)
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18 | Sec. 3-100.2. Electronic access; agreements with
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19 | submitters. | ||||||
20 | (a) No later than July 1, 2021, the The Secretary of State | ||||||
21 | shall may require a licensee under Chapter 3 or 5 of this Code | ||||||
22 | to submit
any record required to be submitted to the Secretary | ||||||
23 | of State by
using electronic media deemed feasible by the | ||||||
24 | Secretary of State . , in addition to
requiring the actual | ||||||
25 | submittal of The Secretary of State may also require the |
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1 | licensee to submit the original paper
record. The Secretary of | ||||||
2 | State shall may also require allow a
person or licensee to | ||||||
3 | receive any record to be provided by the Secretary of State
by | ||||||
4 | using electronic media deemed feasible by the Secretary of | ||||||
5 | State,
instead of providing the original paper record.
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6 | (b) No later than July 1, 2021, electronic Electronic | ||||||
7 | submittal, receipt, and delivery of records and electronic
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8 | signatures shall may be authorized or accepted by the Secretary | ||||||
9 | of State,
when supported by a signed agreement between the | ||||||
10 | Secretary of State
and the submitter. The agreement shall | ||||||
11 | require, at a minimum, each
record to include all information | ||||||
12 | necessary to complete a
transaction, certification by the | ||||||
13 | submitter upon its best knowledge as to the
truthfulness of
the | ||||||
14 | data to be
submitted to the Secretary of State, and retention | ||||||
15 | by the submitter of
supporting records.
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16 | (c) No later than July 1, 2021, the The Secretary of State | ||||||
17 | shall may establish minimum
transaction volume levels, audit | ||||||
18 | and security
standards, technological requirements, and other | ||||||
19 | terms
and conditions he or she deems necessary for approval of | ||||||
20 | the
electronic delivery process.
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21 | (d) When an agreement is made to accept electronic
records, | ||||||
22 | the Secretary of State shall not be required
to produce a | ||||||
23 | written record for
the submitter with whom the Secretary of | ||||||
24 | State has
the agreement until requested to do so by the | ||||||
25 | submitter.
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26 | (e) No later than July 1, 2021 Upon the request of a |
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1 | lienholder submitter , the Secretary of State shall
provide | ||||||
2 | electronic notification to the
lienholder submitter to verify | ||||||
3 | the notation and perfection of the lienholder's
security | ||||||
4 | interest in a vehicle on for which the certificate of title | ||||||
5 | required to be created as is an
electronic record under Section | ||||||
6 | 3-100.1 . Upon receipt of an electronic message from a | ||||||
7 | lienholder
submitter with a security interest in a vehicle for | ||||||
8 | which the certificate of
title is an electronic record that the | ||||||
9 | lien should be released, the Secretary
of State shall enter the | ||||||
10 | appropriate electronic record of the release of lien
and print | ||||||
11 | and mail a paper certificate of title to the owner or | ||||||
12 | lienholder at
no expense. The Secretary of State may also mail | ||||||
13 | the certificate to any other
person that delivers to the | ||||||
14 | Secretary of State an authorization from the owner
to receive | ||||||
15 | the certificate. If another lienholder holds a properly | ||||||
16 | perfected
security interest in the vehicle as reflected in the | ||||||
17 | records of the Secretary
of State, the certificate shall be | ||||||
18 | delivered to that lienholder instead of the
owner.
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19 | (f) The Secretary may contract with a private contractor to | ||||||
20 | carry out the Secretary's duties under this Section. | ||||||
21 | (Source: P.A. 97-838, eff. 7-20-12.)
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