Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3677 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 2855 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3677
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Danielle W. Gregoire
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the authorization for electronic signatures with motor vehicle title and
13	13	registration transactions.
14	14	_______________
15	15	PETITION OF:
16	16	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
17	17	HOUSE DOCKET, NO. 2855 FILED ON: 1/16/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 3677
19	19	By Representative Gregoire of Marlborough, a petition (accompanied by bill, House, No. 3677)
20	20	of Danielle W. Gregoire and others that the Registry of Motor Vehicles be authorized to accept
21	21	electronic signatures on any document. Transportation.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to the authorization for electronic signatures with motor vehicle title and
28	28	registration transactions.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. The General Laws are hereby amended by inserting after chapter 90J the
32	32	2following chapter:-
33	33	3 Chapter 90K. Electronic Signatures with Motor Vehicle Title and Registration
34	34	4Transactions
35	35	5 Section 1. Definitions. In this chapter, except when the context otherwise requires, the
36	36	6following words shall have the following meanings:—
37	37	7 “Electronic signature”, as defined in section 2 of chapter 110G.
38	38	8 “Electronic”, as defined in section 2 of chapter 110G.
39	39	9 “Physical odometer document”, a physical document as defined in Part 580 of Title 49
40	40	10United States Code of Federal Regulations containing an odometer disclosure statement printed 2 of 4
41	41	11on paper by a secure printing process or other secure process by any jurisdiction in compliance
42	42	12with the Part. Physical odometer documents, for the purposes of this chapter, are limited to
43	43	13certificates of title, secure powers of attorney, and reassignment documents. The term does not
44	44	14include any other form or document, even if the document contains a space for an odometer
45	45	15reading.
46	46	16 Section 2. Acceptance of Electronic Signatures.
47	47	17 (a) The registrar shall accept electronic signatures on any document, form, physical
48	48	18odometer document, or record necessary or required by the registrar related to or for the purposes
49	49	19of registering or titling any motor vehicle in the commonwealth, inclusive of, but not limited to,
50	50	20chapters 90 and 90D.
51	51	21 (b) A physical odometer document that is made electronic by imaging, scanning, or
52	52	22similar process: (i) is not an “electronic power of attorney” or “electronic title” as those terms are
53	53	23defined in Part 580 of Title 49 United States Code of Federal Regulations; and (ii) shall be
54	54	24accepted by the registrar if subsequently executed with an electronic signature.
55	55	25 (c) The registrar shall accept any document, form, physical odometer document, or record
56	56	26with electronic signatures by: (i) electronic means through any process or system available,
57	57	27including but not limited to the electronic vehicle registration program, to accept documents,
58	58	28forms, physical odometer documents, or records by electronic means; or (ii) physical means,
59	59	29such that the document, form, physical odometer document, or record is printed to paper.
60	60	30 (d) A physical odometer document which is made electronic by imaging, scanning or
61	61	31other similar process that is subsequently executed with an electronic signature that requires
62	62	32submission to the registrar by physical means shall require the physical odometer document, in 3 of 4
63	63	33its original format, prior to its execution by electronic signature, to accompany the printed copy
64	64	34if the physical odometer document is a: (i) certificate of title; or (ii) secure power of attorney or
65	65	35dealer reassignment and it has physically completed data or information, such as by handwriting
66	66	36or printing, that preceded the execution by electronic signature.
67	67	37 Section 3. Requirements and Limitations.
68	68	38 (a) The registrar: (i) may require a document containing an electronic signature to include
69	69	39an indication that the signature is electronic; (ii) shall not require an electronic signature process
70	70	40or an electronic signature vendor be certified by the registrar before accepting a document that is
71	71	41executed with an electronic signature; (iii) shall not require a document which has been executed
72	72	42with an electronic signature to be converted to physical format by printing for any purpose,
73	73	43except when submission by physical means is necessary and required; (iv) shall not impose any
74	74	44additional requirement upon an electronic signature except as authorized by this chapter; and (v)
75	75	45may require a certification of authenticity, audit trail, or similar statement or proof of assurance.
76	76	46 (b) The system or person granting access to the system used to capture an electronic
77	77	47 signature must verify the identity of the user accessing the system. The system must: (i)
78	78	48be securely maintained; (ii) capture and retain the user information, including the Internet
79	79	49Protocol address of the signer and date and timestamp of system access or electronic signature
80	80	50capture; and (iii) retain all information provided to the system for a period of five years, which
81	81	51shall be made available to the registrar, other regulatory agencies, or law enforcement upon
82	82	52request.
83	83	53 (c) This chapter shall not be construed to require, limit, prohibit, or otherwise hinder the 4 of 4
84	84	54 ability of the registrar to provide electronic services, systems, or alternative methods to
85	85	55receiving and transmitting electronic data, documents, or records, including electronic signature
86	86	56capturing or identity verification.
87	87	57 (d) This chapter shall not be construed to require, limit, prohibit, or otherwise hinder the
88	88	58 registrar to provide or issue an “electronic power of attorney” or “electronic title” as
89	89	59those terms are defined in Part 580 of Title 49 United States Code of Federal Regulations, or
90	90	60provide an electronic signature process, system, platform, or service.
91	91	61 Section 4. Utilization.
92	92	62 Electronic signatures may not be used for any purpose other than the purpose indicated
93	93	63by the signer on the document and shall be linked to their respective electronic records to ensure
94	94	64that the signatures cannot be excised, copied, or otherwise transferred unless expressly
95	95	65authorized by the signer.
96	96	66 Section 5. Conflict.
97	97	67 This chapter shall prevail in any conflict arising with another provision in chapters 90,
98	98	6890D, and 110G of the General Laws. Chapter 110G of the General Laws shall govern any area
99	99	69not expressly addressed in this chapter.
100	100	70 SECTION 2. Any permissive clause not expressly exercised by the registrar by policy,
101	101	71rule, or regulation on or after the effective date is deemed not in effect on the date the electronic
102	102	72signature is captured. The registrar shall not retroactively enforce provisions once exercised.
103	103	73 SECTION 3. This act shall take effect upon its passage.