Full Text of HB3386 103rd General Assembly
HB3386 103RD GENERAL ASSEMBLY |
| | 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 |
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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 |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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: | 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.
| 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 | 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:
| 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 | 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.
| 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 | 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:
| 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 | 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.
| 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 | 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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