Bill Amendment: IL HB2856 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: TRANSPORTATION-TECH
Status: 2019-08-23 - Public Act . . . . . . . . . 101-0490 [HB2856 Detail]
Download: Illinois-2019-HB2856-House_Amendment_001.html
Bill Title: TRANSPORTATION-TECH
Status: 2019-08-23 - Public Act . . . . . . . . . 101-0490 [HB2856 Detail]
Download: Illinois-2019-HB2856-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 2856
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2 | AMENDMENT NO. ______. Amend House Bill 2856 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing 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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1 | (3) Delivery of records required under this Chapter may | ||||||
2 | be made by any
means, including electronic delivery.
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3 | (4) Fees and taxes required to be paid under this | ||||||
4 | Chapter may be made
by electronic means; provided that any
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5 | forms, records, electronic records, and methods of | ||||||
6 | electronic payment
relating to the filing and payment of | ||||||
7 | taxes shall be prescribed by the
Department of Revenue.
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8 | (a-5) Beginning on July 1, 2021, the (1) creation, | ||||||
9 | distribution, and receipt of certificates, certifications, | ||||||
10 | affidavits, applications, assignments, statements, notices, | ||||||
11 | documents, and other records; (2) use of signatures; (3) | ||||||
12 | delivery of records; and (4) payment of required fees as | ||||||
13 | identified in subsection (a) shall be created, distributed, | ||||||
14 | received, made, used, delivered, and paid in electronic form as | ||||||
15 | those functions relate to the implementation and ongoing | ||||||
16 | management and administration of an electronic lien and title | ||||||
17 | system to process the electronic notation and release of | ||||||
18 | security interests in motor vehicles under Section 3-100.2 of | ||||||
19 | this Code or as otherwise determined by the Secretary. The | ||||||
20 | Secretary may charge a fee for each electronic notation and | ||||||
21 | release of security interest. The fee shall be set by | ||||||
22 | administrative rule and shall not exceed $1 per transaction. | ||||||
23 | (b) Electronic records accepted by the Secretary of State | ||||||
24 | have the
same force and effect as records created on paper by | ||||||
25 | writing, typing,
printing, or similar means. The procedures | ||||||
26 | established by the
Secretary of State concerning the acceptance |
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1 | of electronic filings
and electronic records shall ensure that | ||||||
2 | the electronic filings and
electronic records are received and | ||||||
3 | stored accurately and that they
are readily available to | ||||||
4 | satisfy any statutory requirements that call
for a written | ||||||
5 | record.
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6 | (c) Electronic signatures accepted by the Secretary of | ||||||
7 | State shall have the
same force and effect as manual | ||||||
8 | signatures.
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9 | (d) Electronic delivery of records accepted by the | ||||||
10 | Secretary of State shall
have the same force and effect as | ||||||
11 | physical delivery of records.
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12 | (e) Electronic records and electronic signatures accepted | ||||||
13 | by the Secretary
of State shall be admissible in all | ||||||
14 | administrative, quasi-judicial,
and judicial proceedings. In | ||||||
15 | any such proceeding, nothing in the
application of the rules of | ||||||
16 | evidence shall apply so as to deny the
admissibility of an | ||||||
17 | electronic record or electronic signature into
evidence on the | ||||||
18 | sole ground that it is an electronic record or
electronic | ||||||
19 | signature, or on the grounds that it is not in its
original | ||||||
20 | form or is not an original. Information in the form of an
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21 | electronic record shall be given due evidentiary weight by the | ||||||
22 | trier
of fact.
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23 | (f) The Secretary may contract with a private contractor to | ||||||
24 | carry out the Secretary's duties under this Section. | ||||||
25 | (Source: P.A. 91-772, eff. 1-1-01.)
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1 | (625 ILCS 5/3-100.2)
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2 | Sec. 3-100.2. Electronic access; agreements with
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3 | submitters. | ||||||
4 | (a) Beginning on July 1, 2021, the The Secretary of State | ||||||
5 | shall may require a licensee under Chapter 3 or 5 of this Code | ||||||
6 | to submit
any record required to be submitted to the Secretary | ||||||
7 | of State by
using electronic media deemed feasible by the | ||||||
8 | Secretary of State . The Secretary of State may also require the | ||||||
9 | licensee to submit , in addition to
requiring the actual | ||||||
10 | submittal of the original paper
record. The Secretary of State | ||||||
11 | shall may also require allow a
person or licensee to receive | ||||||
12 | any record to be provided by the Secretary of State
by using | ||||||
13 | electronic media deemed feasible by the Secretary of State,
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14 | instead of providing the original paper record.
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15 | (b) Beginning on July 1, 2021, electronic Electronic | ||||||
16 | submittal, receipt, and delivery of records and electronic
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17 | signatures shall may be authorized or accepted by the Secretary | ||||||
18 | of State,
when supported by a signed agreement between the | ||||||
19 | Secretary of State
and the submitter. The agreement shall | ||||||
20 | require, at a minimum, each
record to include all information | ||||||
21 | necessary to complete a
transaction, certification by the | ||||||
22 | submitter upon its best knowledge as to the
truthfulness of
the | ||||||
23 | data to be
submitted to the Secretary of State, and retention | ||||||
24 | by the submitter of
supporting records.
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25 | (c) Beginning on July 1, 2021, the The Secretary of State | ||||||
26 | shall may establish minimum
transaction volume levels, audit |
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1 | and security
standards, technological requirements, and other | ||||||
2 | terms
and conditions he or she deems necessary for approval of | ||||||
3 | the
electronic delivery process.
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4 | (d) When an agreement is made to accept electronic
records, | ||||||
5 | the Secretary of State shall not be required
to produce a | ||||||
6 | written record for
the submitter with whom the Secretary of | ||||||
7 | State has
the agreement until requested to do so by the | ||||||
8 | submitter.
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9 | (e) Beginning on July 1, 2021 Upon the request of a | ||||||
10 | lienholder submitter , the Secretary of State shall
provide | ||||||
11 | electronic notification to the
lienholder submitter to verify | ||||||
12 | the notation and perfection of the lienholder's
security | ||||||
13 | interest in a vehicle on for which the certificate of title | ||||||
14 | required to be created as is an
electronic record under Section | ||||||
15 | 3-100.1 . Upon receipt of an electronic message from a | ||||||
16 | lienholder
submitter with a security interest in a vehicle for | ||||||
17 | which the certificate of
title is an electronic record that the | ||||||
18 | lien should be released, the Secretary
of State shall enter the | ||||||
19 | appropriate electronic record of the release of lien
and print | ||||||
20 | and mail a paper certificate of title to the owner or | ||||||
21 | lienholder at
no expense. The Secretary of State may also mail | ||||||
22 | the certificate to any other
person that delivers to the | ||||||
23 | Secretary of State an authorization from the owner
to receive | ||||||
24 | the certificate. If another lienholder holds a properly | ||||||
25 | perfected
security interest in the vehicle as reflected in the | ||||||
26 | records of the Secretary
of State, the certificate shall be |
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1 | delivered to that lienholder instead of the
owner.
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2 | (f) The Secretary may contract with a private contractor to | ||||||
3 | carry out the Secretary's duties under this Section. | ||||||
4 | (Source: P.A. 97-838, eff. 7-20-12.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.".
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