103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3386

 

Introduced 2/17/2023, by Rep. Curtis J. Tarver, II

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/2-106.1 new
625 ILCS 5/3-405  from Ch. 95 1/2, par. 3-405

    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.


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A BILL FOR

 

HB3386LRB103 25931 MXP 52282 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Section 3-405 and by adding Section 2-106.1 as
6follows:
 
7    (625 ILCS 5/2-106.1 new)
8    Sec. 2-106.1. Alternative registration forms and
9documents.
10    (a) As used in this Section, "digital signature" has the
11same meaning as defined in the Financial Institutions
12Electronic Documents and Digital Signature Act.
13    (b) The Secretary shall accept forms and documents that
14are manually signed and scanned or signed with a digital
15signature in place of physical hard copies of such forms and
16documents when processing vehicle registration applications.
 
17    (625 ILCS 5/3-405)  (from Ch. 95 1/2, par. 3-405)
18    (Text of Section before amendment by P.A. 102-1069)
19    Sec. 3-405. Application for registration.
20    (a) Every owner of a vehicle subject to registration under
21this Code shall make application to the Secretary of State for
22the registration of such vehicle upon the appropriate form or

 

 

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1forms furnished by the Secretary. Every such application shall
2bear the signature of the owner written with pen and ink and
3contain:
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
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
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
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.
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.
24        3. (Blank).
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.
3        5. An affirmation by the applicant that all
4    information set forth is true and correct. If the
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.
22    (b) When such application refers to a new vehicle
23purchased from a dealer the application shall be accompanied
24by a Manufacturer's Statement of Origin from the dealer, and a
25statement showing any lien retained by the dealer.
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)
2    Sec. 3-405. Application for registration.
3    (a) Every owner of a vehicle subject to registration under
4this Code shall make application to the Secretary of State for
5the registration of such vehicle upon the appropriate form or
6forms furnished by the Secretary. Except as provided in
7Section 2-106.1, every Every such original application shall
8bear the signature of the owner written with pen and ink and
9contain:
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.
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.
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
7purchased from a dealer the application shall be accompanied
8by a Manufacturer's Statement of Origin from the dealer, and a
9statement showing any lien retained by the dealer.
10(Source: P.A. 102-538, eff. 8-20-21; 102-1069, eff. 7-1-23.)
 
11    Section 95. No acceleration or delay. Where this Act makes
12changes in a statute that is represented in this Act by text
13that is not yet or no longer in effect (for example, a Section
14represented by multiple versions), the use of that text does
15not accelerate or delay the taking effect of (i) the changes
16made by this Act or (ii) provisions derived from any other
17Public Act.