Bill Text: IL HB3386 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Requires the Secretary of State to accept forms and documents that are manually signed and scanned or signed with a digital signature as an alternative to physical hard copies when processing applications for vehicle registration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-02-17 - Referred to Rules Committee [HB3386 Detail]
Download: Illinois-2023-HB3386-Introduced.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,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by | |||||||||||||||||||||
5 | changing Section 3-405 and by adding Section 2-106.1 as | |||||||||||||||||||||
6 | follows:
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7 | (625 ILCS 5/2-106.1 new) | |||||||||||||||||||||
8 | Sec. 2-106.1. Alternative registration forms and | |||||||||||||||||||||
9 | documents. | |||||||||||||||||||||
10 | (a) As used in this Section, "digital signature" has the | |||||||||||||||||||||
11 | same meaning as defined in the Financial Institutions | |||||||||||||||||||||
12 | Electronic Documents and Digital Signature Act. | |||||||||||||||||||||
13 | (b) The Secretary shall accept forms and documents that | |||||||||||||||||||||
14 | are manually signed and scanned or signed with a digital | |||||||||||||||||||||
15 | signature in place of physical hard copies of such forms and | |||||||||||||||||||||
16 | documents when processing vehicle registration applications.
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17 | (625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)
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18 | (Text of Section before amendment by P.A. 102-1069 )
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19 | Sec. 3-405. Application for registration.
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20 | (a) Every owner of a vehicle subject to registration under | |||||||||||||||||||||
21 | this Code shall
make application to the Secretary of State for | |||||||||||||||||||||
22 | the registration of such
vehicle upon the appropriate form or |
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1 | forms furnished by the Secretary.
Every such application shall | ||||||
2 | bear the signature of the owner
written with pen and ink and | ||||||
3 | contain:
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4 | 1. The name, domicile address, as defined in Section | ||||||
5 | 1-115.5 of this Code, (except as otherwise provided in | ||||||
6 | this
paragraph 1), mail address of the owner or
business | ||||||
7 | address of the owner if a firm, association, or | ||||||
8 | corporation, and, if available, email address of the | ||||||
9 | owner. If
the mailing address is a post office box number, | ||||||
10 | the address listed on the
driver license record may be | ||||||
11 | used to verify residence.
A police officer, a deputy | ||||||
12 | sheriff, an elected sheriff, a law enforcement
officer for | ||||||
13 | the Illinois State Police, a fire investigator, a state's | ||||||
14 | attorney, an assistant state's attorney, a state's | ||||||
15 | attorney special investigator, or a judicial officer may | ||||||
16 | elect to
furnish
the address of the headquarters of the | ||||||
17 | governmental entity, police district, or business address
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18 | where he or she
works instead of his or her domicile | ||||||
19 | address, in which case that address shall
be deemed to be | ||||||
20 | his or her domicile address for all purposes under this
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21 | Chapter 3.
The spouse and children of a person who may | ||||||
22 | elect under this paragraph 1 to
furnish the address of the | ||||||
23 | headquarters of the government entity, police
district, or | ||||||
24 | business address where the person works instead of the | ||||||
25 | person's domicile address may,
if they reside with that | ||||||
26 | person, also elect to furnish the address of the
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1 | headquarters of the government entity, police district, or | ||||||
2 | business address where the person works
as their domicile | ||||||
3 | address, in which case that address shall be deemed to be
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4 | their domicile address for all purposes under this Chapter | ||||||
5 | 3.
In this paragraph 1: (A)
"police officer" has the | ||||||
6 | meaning ascribed to "policeman" in Section 10-3-1 of
the | ||||||
7 | Illinois Municipal Code; (B) "deputy sheriff" means a | ||||||
8 | deputy sheriff
appointed under Section 3-6008 of the | ||||||
9 | Counties Code; (C) "elected sheriff"
means a sheriff | ||||||
10 | commissioned pursuant to Section 3-6001 of the Counties | ||||||
11 | Code;
(D) "fire
investigator" means a person classified as | ||||||
12 | a peace officer under the Peace
Officer Fire Investigation | ||||||
13 | Act; (E) "state's attorney", "assistant state's attorney", | ||||||
14 | and "state's attorney special investigator" mean a state's | ||||||
15 | attorney, assistant state's attorney, and state's attorney | ||||||
16 | special investigator commissioned or appointed under | ||||||
17 | Division 3-9 of the Counties Code; and (F) "judicial | ||||||
18 | officer" has the meaning ascribed to it in Section 1-10 of | ||||||
19 | the Judicial Privacy Act.
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20 | 2. A description of the vehicle, including such | ||||||
21 | information as is
required in an application for a | ||||||
22 | certificate of title, determined under such
standard | ||||||
23 | rating as may be prescribed by the Secretary.
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24 | 3. (Blank).
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25 | 4. Such further information as may reasonably be | ||||||
26 | required by the
Secretary to enable him to determine |
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1 | whether the vehicle is
lawfully entitled to registration | ||||||
2 | and the owner entitled to a certificate
of title.
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3 | 5. An affirmation by the applicant that all | ||||||
4 | information set forth is
true and correct. If the
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5 | application is for the registration of a motor vehicle, | ||||||
6 | the applicant also
shall affirm that the motor vehicle is | ||||||
7 | insured as required by this Code,
that such insurance will | ||||||
8 | be maintained throughout the period for which the
motor | ||||||
9 | vehicle shall be registered, and that neither the owner, | ||||||
10 | nor any
person operating the motor vehicle with the | ||||||
11 | owner's permission, shall
operate the motor vehicle unless | ||||||
12 | the required insurance is in effect. If
the person signing | ||||||
13 | the affirmation is not the sole owner of the vehicle,
such | ||||||
14 | person shall be deemed to have affirmed on behalf of all | ||||||
15 | the owners of
the vehicle. If the person signing the | ||||||
16 | affirmation is not an owner of the
vehicle, such person | ||||||
17 | shall be deemed to have affirmed on behalf of the
owner or | ||||||
18 | owners of the vehicle. The lack of signature on the | ||||||
19 | application
shall not in any manner exempt the owner or | ||||||
20 | owners from any provisions,
requirements or penalties of | ||||||
21 | this Code.
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22 | (b) When such application refers to a new vehicle | ||||||
23 | purchased from a
dealer the application shall be accompanied | ||||||
24 | by a Manufacturer's Statement
of Origin from the dealer, and a | ||||||
25 | statement showing any lien retained by the
dealer.
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26 | (Source: P.A. 102-538, eff. 8-20-21.)
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1 | (Text of Section after amendment by P.A. 102-1069 )
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2 | Sec. 3-405. Application for registration.
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3 | (a) Every owner of a vehicle subject to registration under | ||||||
4 | this Code shall
make application to the Secretary of State for | ||||||
5 | the registration of such
vehicle upon the appropriate form or | ||||||
6 | forms furnished by the Secretary. Except as provided in | ||||||
7 | Section 2-106.1, every
Every such original application shall | ||||||
8 | bear the signature of the owner
written with pen and ink and | ||||||
9 | contain:
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10 | 1. The name, domicile address, as defined in Section | ||||||
11 | 1-115.5 of this Code, (except as otherwise provided in | ||||||
12 | this
paragraph 1), mail address of the owner or
business | ||||||
13 | address of the owner if a firm, association, or | ||||||
14 | corporation, and, if available, email address of the | ||||||
15 | owner. If
the mailing address is a post office box number, | ||||||
16 | the address listed on the
driver license record may be | ||||||
17 | used to verify residence.
A police officer, a deputy | ||||||
18 | sheriff, an elected sheriff, a law enforcement
officer for | ||||||
19 | the Illinois State Police, a fire investigator, a state's | ||||||
20 | attorney, an assistant state's attorney, a state's | ||||||
21 | attorney special investigator, or a judicial officer may | ||||||
22 | elect to
furnish
the address of the headquarters of the | ||||||
23 | governmental entity, police district, or business address
| ||||||
24 | where he or she
works instead of his or her domicile | ||||||
25 | address, in which case that address shall
be deemed to be |
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| |||||||
1 | his or her domicile address for all purposes under this
| ||||||
2 | Chapter 3.
The spouse and children of a person who may | ||||||
3 | elect under this paragraph 1 to
furnish the address of the | ||||||
4 | headquarters of the government entity, police
district, or | ||||||
5 | business address where the person works instead of the | ||||||
6 | person's domicile address may,
if they reside with that | ||||||
7 | person, also elect to furnish the address of the
| ||||||
8 | headquarters of the government entity, police district, or | ||||||
9 | business address where the person works
as their domicile | ||||||
10 | address, in which case that address shall be deemed to be
| ||||||
11 | their domicile address for all purposes under this Chapter | ||||||
12 | 3.
In this paragraph 1: (A)
"police officer" has the | ||||||
13 | meaning ascribed to "policeman" in Section 10-3-1 of
the | ||||||
14 | Illinois Municipal Code; (B) "deputy sheriff" means a | ||||||
15 | deputy sheriff
appointed under Section 3-6008 of the | ||||||
16 | Counties Code; (C) "elected sheriff"
means a sheriff | ||||||
17 | commissioned pursuant to Section 3-6001 of the Counties | ||||||
18 | Code;
(D) "fire
investigator" means a person classified as | ||||||
19 | a peace officer under the Peace
Officer Fire Investigation | ||||||
20 | Act; (E) "state's attorney", "assistant state's attorney", | ||||||
21 | and "state's attorney special investigator" mean a state's | ||||||
22 | attorney, assistant state's attorney, and state's attorney | ||||||
23 | special investigator commissioned or appointed under | ||||||
24 | Division 3-9 of the Counties Code; and (F) "judicial | ||||||
25 | officer" has the meaning ascribed to it in Section 1-10 of | ||||||
26 | the Judicial Privacy Act.
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1 | 2. A description of the vehicle, including such | ||||||
2 | information as is
required in an application for a | ||||||
3 | certificate of title, determined under such
standard | ||||||
4 | rating as may be prescribed by the Secretary.
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5 | 3. (Blank). | ||||||
6 | 3.5. A space for a voluntary disclosure of a condition | ||||||
7 | that impedes effective communication under Section | ||||||
8 | 3-405.5.
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9 | 4. Such further information as may reasonably be | ||||||
10 | required by the
Secretary to enable him to determine | ||||||
11 | whether the vehicle is
lawfully entitled to registration | ||||||
12 | and the owner entitled to a certificate
of title.
| ||||||
13 | 5. An affirmation by the applicant that all | ||||||
14 | information set forth is
true and correct. If the
| ||||||
15 | application is for the registration of a motor vehicle, | ||||||
16 | the applicant also
shall affirm that the motor vehicle is | ||||||
17 | insured as required by this Code,
that such insurance will | ||||||
18 | be maintained throughout the period for which the
motor | ||||||
19 | vehicle shall be registered, and that neither the owner, | ||||||
20 | nor any
person operating the motor vehicle with the | ||||||
21 | owner's permission, shall
operate the motor vehicle unless | ||||||
22 | the required insurance is in effect. If
the person signing | ||||||
23 | the affirmation is not the sole owner of the vehicle,
such | ||||||
24 | person shall be deemed to have affirmed on behalf of all | ||||||
25 | the owners of
the vehicle. If the person signing the | ||||||
26 | affirmation is not an owner of the
vehicle, such person |
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1 | shall be deemed to have affirmed on behalf of the
owner or | ||||||
2 | owners of the vehicle. The lack of signature on the | ||||||
3 | application
shall not in any manner exempt the owner or | ||||||
4 | owners from any provisions,
requirements or penalties of | ||||||
5 | this Code.
| ||||||
6 | (b) When such application refers to a new vehicle | ||||||
7 | purchased from a
dealer the application shall be accompanied | ||||||
8 | by a Manufacturer's Statement
of Origin from the dealer, and a | ||||||
9 | statement showing any lien retained by the
dealer.
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10 | (Source: P.A. 102-538, eff. 8-20-21; 102-1069, eff. 7-1-23.)
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11 | Section 95. No acceleration or delay. Where this Act makes | ||||||
12 | changes in a statute that is represented in this Act by text | ||||||
13 | that is not yet or no longer in effect (for example, a Section | ||||||
14 | represented by multiple versions), the use of that text does | ||||||
15 | not accelerate or delay the taking effect of (i) the changes | ||||||
16 | made by this Act or (ii) provisions derived from any other | ||||||
17 | Public Act.
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