Sec. 3-100.1. Use of electronic records.

485 words·~2 min read·/il/chapter-625/act-5/3-100-1

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.

(a-5) No later than July 1, 2022, the Secretary of State shall implement, manage, and administer an electronic lien and title system that will permit a lienholder to perfect, assign, and release a lien under this Code. The system may include the points in subsection

(a)as to the identified objectives of the program. The Secretary shall establish by administrative rule the standards and procedures relating to the management and implementation of the mandatory electronic lien and title system established under this subsection. The Secretary may charge a reasonable fee for performing the services and functions relating to the management and administration of the system. The fee shall be set by administrative rule adopted by the Secretary.

(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.

(f)The Secretary may contract with a private contractor to carry out the Secretary's duties under this Section.