1 of 1 HOUSE DOCKET, NO. 2855 FILED ON: 1/16/2025 HOUSE . . . . . . . . . . . . . . . No. 3677 The Commonwealth of Massachusetts _________________ PRESENTED BY: Danielle W. Gregoire _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act relative to the authorization for electronic signatures with motor vehicle title and registration transactions. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :DATE ADDED:Danielle W. Gregoire4th Middlesex1/16/2025Angelo J. Puppolo, Jr.12th Hampden2/19/2025Mark J. Cusack5th Norfolk2/19/2025Joseph W. McGonagle, Jr.28th Middlesex2/19/2025Patrick Joseph Kearney4th Plymouth2/19/2025Hannah Kane11th Worcester2/19/2025 1 of 4 HOUSE DOCKET, NO. 2855 FILED ON: 1/16/2025 HOUSE . . . . . . . . . . . . . . . No. 3677 By Representative Gregoire of Marlborough, a petition (accompanied by bill, House, No. 3677) of Danielle W. Gregoire and others that the Registry of Motor Vehicles be authorized to accept electronic signatures on any document. Transportation. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act relative to the authorization for electronic signatures with motor vehicle title and registration transactions. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. The General Laws are hereby amended by inserting after chapter 90J the 2following chapter:- 3 Chapter 90K. Electronic Signatures with Motor Vehicle Title and Registration 4Transactions 5 Section 1. Definitions. In this chapter, except when the context otherwise requires, the 6following words shall have the following meanings:— 7 “Electronic signature”, as defined in section 2 of chapter 110G. 8 “Electronic”, as defined in section 2 of chapter 110G. 9 “Physical odometer document”, a physical document as defined in Part 580 of Title 49 10United States Code of Federal Regulations containing an odometer disclosure statement printed 2 of 4 11on paper by a secure printing process or other secure process by any jurisdiction in compliance 12with the Part. Physical odometer documents, for the purposes of this chapter, are limited to 13certificates of title, secure powers of attorney, and reassignment documents. The term does not 14include any other form or document, even if the document contains a space for an odometer 15reading. 16 Section 2. Acceptance of Electronic Signatures. 17 (a) The registrar shall accept electronic signatures on any document, form, physical 18odometer document, or record necessary or required by the registrar related to or for the purposes 19of registering or titling any motor vehicle in the commonwealth, inclusive of, but not limited to, 20chapters 90 and 90D. 21 (b) A physical odometer document that is made electronic by imaging, scanning, or 22similar process: (i) is not an “electronic power of attorney” or “electronic title” as those terms are 23defined in Part 580 of Title 49 United States Code of Federal Regulations; and (ii) shall be 24accepted by the registrar if subsequently executed with an electronic signature. 25 (c) The registrar shall accept any document, form, physical odometer document, or record 26with electronic signatures by: (i) electronic means through any process or system available, 27including but not limited to the electronic vehicle registration program, to accept documents, 28forms, physical odometer documents, or records by electronic means; or (ii) physical means, 29such that the document, form, physical odometer document, or record is printed to paper. 30 (d) A physical odometer document which is made electronic by imaging, scanning or 31other similar process that is subsequently executed with an electronic signature that requires 32submission to the registrar by physical means shall require the physical odometer document, in 3 of 4 33its original format, prior to its execution by electronic signature, to accompany the printed copy 34if the physical odometer document is a: (i) certificate of title; or (ii) secure power of attorney or 35dealer reassignment and it has physically completed data or information, such as by handwriting 36or printing, that preceded the execution by electronic signature. 37 Section 3. Requirements and Limitations. 38 (a) The registrar: (i) may require a document containing an electronic signature to include 39an indication that the signature is electronic; (ii) shall not require an electronic signature process 40or an electronic signature vendor be certified by the registrar before accepting a document that is 41executed with an electronic signature; (iii) shall not require a document which has been executed 42with an electronic signature to be converted to physical format by printing for any purpose, 43except when submission by physical means is necessary and required; (iv) shall not impose any 44additional requirement upon an electronic signature except as authorized by this chapter; and (v) 45may require a certification of authenticity, audit trail, or similar statement or proof of assurance. 46 (b) The system or person granting access to the system used to capture an electronic 47 signature must verify the identity of the user accessing the system. The system must: (i) 48be securely maintained; (ii) capture and retain the user information, including the Internet 49Protocol address of the signer and date and timestamp of system access or electronic signature 50capture; and (iii) retain all information provided to the system for a period of five years, which 51shall be made available to the registrar, other regulatory agencies, or law enforcement upon 52request. 53 (c) This chapter shall not be construed to require, limit, prohibit, or otherwise hinder the 4 of 4 54 ability of the registrar to provide electronic services, systems, or alternative methods to 55receiving and transmitting electronic data, documents, or records, including electronic signature 56capturing or identity verification. 57 (d) This chapter shall not be construed to require, limit, prohibit, or otherwise hinder the 58 registrar to provide or issue an “electronic power of attorney” or “electronic title” as 59those terms are defined in Part 580 of Title 49 United States Code of Federal Regulations, or 60provide an electronic signature process, system, platform, or service. 61 Section 4. Utilization. 62 Electronic signatures may not be used for any purpose other than the purpose indicated 63by the signer on the document and shall be linked to their respective electronic records to ensure 64that the signatures cannot be excised, copied, or otherwise transferred unless expressly 65authorized by the signer. 66 Section 5. Conflict. 67 This chapter shall prevail in any conflict arising with another provision in chapters 90, 6890D, and 110G of the General Laws. Chapter 110G of the General Laws shall govern any area 69not expressly addressed in this chapter. 70 SECTION 2. Any permissive clause not expressly exercised by the registrar by policy, 71rule, or regulation on or after the effective date is deemed not in effect on the date the electronic 72signature is captured. The registrar shall not retroactively enforce provisions once exercised. 73 SECTION 3. This act shall take effect upon its passage.