HB3876 EnrolledLRB103 05102 HEP 50116 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 Sections 3-402 and 3-407 as follows:
 
6    (625 ILCS 5/3-402)  (from Ch. 95 1/2, par. 3-402)
7    Sec. 3-402. Vehicles subject to registration; exceptions.
8    A. Exemptions and Policy. Every motor vehicle, trailer,
9semitrailer and pole trailer when driven or moved upon a
10highway shall be subject to the registration and certificate
11of title provisions of this Chapter except:
12        (1) Any such vehicle driven or moved upon a highway in
13    conformance with the provisions of this Chapter relating
14    to manufacturers, transporters, dealers, lienholders or
15    nonresidents or under a temporary registration permit
16    issued by the Secretary of State;
17        (2) Any implement of husbandry whether of a type
18    otherwise subject to registration hereunder or not which
19    is only incidentally operated or moved upon a highway,
20    which shall include a not-for-hire movement for the
21    purpose of delivering farm commodities to a place of first
22    processing or sale, or to a place of storage;
23        (3) Any special mobile equipment as herein defined;

 

 

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1        (4) Any vehicle which is propelled exclusively by
2    electric power obtained from overhead trolley wires though
3    not operated upon rails;
4        (5) Any vehicle which is equipped and used exclusively
5    as a pumper, ladder truck, rescue vehicle, searchlight
6    truck, or other fire apparatus, but not a vehicle of a type
7    which would otherwise be subject to registration as a
8    vehicle of the first division;
9        (6) Any vehicle which is owned and operated by the
10    federal government and externally displays evidence of
11    federal ownership. It is the policy of the State of
12    Illinois to promote and encourage the fullest use of its
13    highways and to enhance the flow of commerce thus
14    contributing to the economic, agricultural, industrial and
15    social growth and development of this State, by
16    authorizing the Secretary of State to negotiate and enter
17    into reciprocal or proportional agreements or arrangements
18    with other States, or to issue declarations setting forth
19    reciprocal exemptions, benefits and privileges with
20    respect to vehicles operated interstate which are properly
21    registered in this and other States, assuring nevertheless
22    proper registration of vehicles in Illinois as may be
23    required by this Code;
24        (7) Any converter dolly or tow dolly which merely
25    serves as substitute wheels for another legally licensed
26    vehicle. A title may be issued on a voluntary basis to a

 

 

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1    tow dolly upon receipt of the manufacturer's certificate
2    of origin or the bill of sale;
3        (8) Any house trailer found to be an abandoned mobile
4    home under the Abandoned Mobile Home Act;
5        (9) Any vehicle that is not properly registered or
6    does not have registration plates or digital registration
7    plates issued to the owner or operator affixed thereto, or
8    that does have registration plates or digital registration
9    plates issued to the owner or operator affixed thereto but
10    the plates are not appropriate for the weight of the
11    vehicle, provided that this exemption shall apply only
12    while the vehicle is being transported or operated by a
13    towing service and has a third tow plate affixed to it.
14    B. Reciprocity. Any motor vehicle, trailer, semitrailer or
15pole trailer need not be registered under this Code provided
16the same is operated interstate and in accordance with the
17following provisions and any rules and regulations promulgated
18pursuant thereto:
19        (1) A nonresident owner, except as otherwise provided
20    in this Section, owning any foreign registered vehicle of
21    a type otherwise subject to registration hereunder, may
22    operate or permit the operation of such vehicle within
23    this State in interstate commerce without registering such
24    vehicle in, or paying any fees to, this State subject to
25    the condition that such vehicle at all times when operated
26    in this State is operated pursuant to a reciprocity

 

 

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1    agreement, arrangement or declaration by this State, and
2    further subject to the condition that such vehicle at all
3    times when operated in this State is duly registered in,
4    and displays upon it, a valid registration card and
5    registration plate or plates or digital registration plate
6    or plates issued for such vehicle in the place of
7    residence of such owner and is issued and maintains in
8    such vehicle a valid Illinois reciprocity permit as
9    required by the Secretary of State, and provided like
10    privileges are afforded to residents of this State by the
11    State of residence of such owner.
12        Every nonresident including any foreign corporation
13    carrying on business within this State and owning and
14    regularly operating in such business any motor vehicle,
15    trailer or semitrailer within this State in intrastate
16    commerce, shall be required to register each such vehicle
17    and pay the same fees therefor as is required with
18    reference to like vehicles owned by residents of this
19    State.
20        (2) Any motor vehicle, trailer, semitrailer and pole
21    trailer operated interstate need not be registered in this
22    State, provided:
23            (a) that the vehicle is properly registered in
24        another State pursuant to law or to a reciprocity
25        agreement, arrangement or declaration; or
26            (b) that such vehicle is part of a fleet of

 

 

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1        vehicles owned or operated by the same person who
2        registers such fleet of vehicles pro rata among the
3        various States in which such fleet operates; or
4            (c) that such vehicle is part of a fleet of
5        vehicles, a portion of which are registered with the
6        Secretary of State of Illinois in accordance with an
7        agreement or arrangement concurred in by the Secretary
8        of State of Illinois based on one or more of the
9        following factors: ratio of miles in Illinois as
10        against total miles in all jurisdictions; situs or
11        base of a vehicle, or where it is principally garaged,
12        or from whence it is principally dispatched or where
13        the movements of such vehicle usually originate; situs
14        of the residence of the owner or operator thereof, or
15        of his principal office or offices, or of his places of
16        business; the routes traversed and whether regular or
17        irregular routes are traversed, and the jurisdictions
18        traversed and served; and such other factors as may be
19        deemed material by the Secretary and the motor vehicle
20        administrators of the other jurisdictions involved in
21        such apportionment. Such vehicles shall maintain
22        therein any reciprocity permit which may be required
23        by the Secretary of State pursuant to rules and
24        regulations which the Secretary of State may
25        promulgate in the administration of this Code, in the
26        public interest.

 

 

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1        (3)(a) In order to effectuate the purposes of this
2    Code, the Secretary of State of Illinois is empowered to
3    negotiate and execute written reciprocal agreements or
4    arrangements with the duly authorized representatives of
5    other jurisdictions, including States, districts,
6    territories and possessions of the United States, and
7    foreign states, provinces, or countries, granting to
8    owners or operators of vehicles duly registered or
9    licensed in such other jurisdictions and for which
10    evidence of compliance is supplied, benefits, privileges
11    and exemption from the payment, wholly or partially, of
12    any taxes, fees or other charges imposed with respect to
13    the ownership or operation of such vehicles by the laws of
14    this State except the tax imposed by the Motor Fuel Tax
15    Law, approved March 25, 1929, as amended, and the tax
16    imposed by the Use Tax Act, approved July 14, 1955, as
17    amended.
18        The Secretary of State may negotiate agreements or
19    arrangements as are in the best interests of this State
20    and the residents of this State pursuant to the policies
21    expressed in this Section taking into consideration the
22    reciprocal exemptions, benefits and privileges available
23    and accruing to residents of this State and vehicles
24    registered in this State.
25        (b) Such reciprocal agreements or arrangements shall
26    provide that vehicles duly registered or licensed in this

 

 

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1    State when operated upon the highways of such other
2    jurisdictions, shall receive exemptions, benefits and
3    privileges of a similar kind or to a similar degree as
4    extended to vehicles from such jurisdictions in this
5    State.
6        (c) Such agreements or arrangements may also authorize
7    the apportionment of registration or licensing of fleets
8    of vehicles operated interstate, based on any or all of
9    the following factors: ratio of miles in Illinois as
10    against total miles in all jurisdictions; situs or base of
11    a vehicle, or where it is principally garaged or from
12    whence it is principally dispatched or where the movements
13    of such vehicle usually originate; situs of the residence
14    of the owner or operator thereof, or of his principal
15    office or offices, or of his places of business; the
16    routes traversed and whether regular or irregular routes
17    are traversed, and the jurisdictions traversed and served;
18    and such other factors as may be deemed material by the
19    Secretary and the motor vehicle administrators of the
20    other jurisdictions involved in such apportionment, and
21    such vehicles shall likewise be entitled to reciprocal
22    exemptions, benefits and privileges.
23        (d) Such agreements or arrangements shall also provide
24    that vehicles being operated in intrastate commerce in
25    Illinois shall comply with the registration and licensing
26    laws of this State, except that vehicles which are part of

 

 

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1    an apportioned fleet may conduct an intrastate operation
2    incidental to their interstate operations. Any motor
3    vehicle properly registered and qualified under any
4    reciprocal agreement or arrangement under this Code and
5    not having a situs or base within Illinois may complete
6    the inbound movement of a trailer or semitrailer to an
7    Illinois destination that was brought into Illinois by a
8    motor vehicle also properly registered and qualified under
9    this Code and not having a situs or base within Illinois,
10    or may complete an outbound movement of a trailer or
11    semitrailer to an out-of-state destination that was
12    originated in Illinois by a motor vehicle also properly
13    registered and qualified under this Code and not having a
14    situs or base in Illinois, only if the operator thereof
15    did not break bulk of the cargo laden in such inbound or
16    outbound trailer or semitrailer. Adding or unloading
17    intrastate cargo on such inbound or outbound trailer or
18    semitrailer shall be deemed as breaking bulk.
19        (e) Such agreements or arrangements may also provide
20    for the determination of the proper State in which leased
21    vehicles shall be registered based on the factors set out
22    in subsection (c) above and for apportionment of
23    registration of fleets of leased vehicles by the lessee or
24    by the lessor who leases such vehicles to persons who are
25    not fleet operators.
26        (f) Such agreements or arrangements may also include

 

 

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1    reciprocal exemptions, benefits or privileges accruing
2    under The Illinois Driver Licensing Law or The Driver
3    License Compact.
4        (4) The Secretary of State is further authorized to
5    examine the laws and requirements of other jurisdictions,
6    and, in the absence of a written agreement or arrangement,
7    to issue a written declaration of the extent and nature of
8    the exemptions, benefits and privileges accorded to
9    vehicles of this State by such other jurisdictions, and
10    the extent and nature of reciprocal exemptions, benefits
11    and privileges thereby accorded by this State to the
12    vehicles of such other jurisdictions. A declaration by the
13    Secretary of State may include any, part or all reciprocal
14    exemptions, benefits and privileges or provisions as may
15    be included within an agreement or arrangement.
16        (5) All agreements, arrangements, declarations and
17    amendments thereto, shall be in writing and become
18    effective when signed by the Secretary of State, and
19    copies of all such documents shall be available to the
20    public upon request.
21        (6) The Secretary of State is further authorized to
22    require the display by foreign registered trucks,
23    truck-tractors and buses, entitled to reciprocal benefits,
24    exemptions or privileges hereunder, a reciprocity permit
25    for external display before any such reciprocal benefits,
26    exemptions or privileges are granted. The Secretary of

 

 

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1    State shall provide suitable application forms for such
2    permit and shall promulgate and publish reasonable rules
3    and regulations for the administration and enforcement of
4    the provisions of this Code including a provision for
5    revocation of such permit as to any vehicle operated
6    wilfully in violation of the terms of any reciprocal
7    agreement, arrangement or declaration or in violation of
8    the Illinois Motor Carrier of Property Law, as amended.
9        (7)(a) Upon the suspension, revocation or denial of
10    one or more of all reciprocal benefits, privileges and
11    exemptions existing pursuant to the terms and provisions
12    of this Code or by virtue of a reciprocal agreement or
13    arrangement or declaration thereunder; or, upon the
14    suspension, revocation or denial of a reciprocity permit;
15    or, upon any action or inaction of the Secretary in the
16    administration and enforcement of the provisions of this
17    Code, any person, resident or nonresident, so aggrieved,
18    may serve upon the Secretary, a petition in writing and
19    under oath, setting forth the grievance of the petitioner,
20    the grounds and basis for the relief sought, and all
21    necessary facts and particulars, and request an
22    administrative hearing thereon. Within 20 days, the
23    Secretary shall set a hearing date as early as practical.
24    The Secretary may, in his discretion, supply forms for
25    such a petition. The Secretary may require the payment of
26    a fee of not more than $50 for the filing of any petition,

 

 

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1    motion, or request for hearing conducted pursuant to this
2    Section. These fees must be deposited into the Secretary
3    of State DUI Administration Fund, a special fund that is
4    hereby created in the State treasury, and, subject to
5    appropriation and as directed by the Secretary of State,
6    shall be used to fund the operation of the hearings
7    department of the Office of the Secretary of State and for
8    no other purpose. The Secretary shall establish by rule
9    the amount and the procedures, terms, and conditions
10    relating to these fees.
11        (b) The Secretary may likewise, in his discretion and
12    upon his own petition, order a hearing, when in his best
13    judgment, any person is not entitled to the reciprocal
14    benefits, privileges and exemptions existing pursuant to
15    the terms and provisions of this Code or under a
16    reciprocal agreement or arrangement or declaration
17    thereunder or that a vehicle owned or operated by such
18    person is improperly registered or licensed, or that an
19    Illinois resident has improperly registered or licensed a
20    vehicle in another jurisdiction for the purposes of
21    violating or avoiding the registration laws of this State.
22        (c) The Secretary shall notify a petitioner or any
23    other person involved of such a hearing, by giving at
24    least 10 days notice, in writing, by U.S. Mail, Registered
25    or Certified, or by personal service, at the last known
26    address of such petitioner or person, specifying the time

 

 

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1    and place of such hearing. Such hearing shall be held
2    before the Secretary, or any person as he may designate,
3    and unless the parties mutually agree to some other county
4    in Illinois, the hearing shall be held in the County of
5    Sangamon or the County of Cook. Appropriate records of the
6    hearing shall be kept, and the Secretary shall issue or
7    cause to be issued, his decision on the case, within 30
8    days after the close of such hearing or within 30 days
9    after receipt of the transcript thereof, and a copy shall
10    likewise be served or mailed to the petitioner or person
11    involved.
12        (d) The actions or inactions or determinations, or
13    findings and decisions upon an administrative hearing, of
14    the Secretary, shall be subject to judicial review in the
15    Circuit Court of the County of Sangamon or the County of
16    Cook, and the provisions of the Administrative Review Law,
17    and all amendments and modifications thereof and rules
18    adopted pursuant thereto, apply to and govern all such
19    reviewable matters.
20        Any reciprocal agreements or arrangements entered into
21    by the Secretary of State or any declarations issued by
22    the Secretary of State pursuant to any law in effect prior
23    to the effective date of this Code are not hereby
24    abrogated, and such shall continue in force and effect
25    until amended pursuant to the provisions of this Code or
26    expire pursuant to the terms or provisions thereof.

 

 

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1    C. Vehicles purchased out-of-state. A resident of this
2State who purchases a vehicle in another state and transports
3the vehicle to Illinois shall apply for registration and
4certificate of title as soon as practicable, but in no event
5more than 45 days after the purchase of the vehicle. If an
6Illinois motorist who purchased a vehicle from an out-of-state
7licensed dealer is unable to meet the 45-day deadline due to a
8delay in paperwork from the seller, that motorist may obtain
9an Illinois temporary registration plate with: (i) proof of
10purchase; (ii) proof of meeting the Illinois driver's license
11or identification card requirement; and (iii) proof that
12Illinois title and registration fees have been paid. If fees
13have not been paid, the motorist may pay the fees in order to
14obtain the temporary registration plate. The owner of such a
15vehicle shall display any temporary permit or registration
16issued in accordance with Section 3-407.
17(Source: P.A. 101-395, eff. 8-16-19.)
 
18    (625 ILCS 5/3-407)  (from Ch. 95 1/2, par. 3-407)
19    Sec. 3-407. Temporary permit or registration pending
20registration.
21    (a) Temporary Permit. The Secretary of State in his
22discretion may grant a temporary permit or placard to operate
23a vehicle for which application for registration and
24certificate of title has been made where such application is
25made by the holder of a valid Illinois driver's license or

 

 

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1identification card, or equivalent documentation, and
2accompanied by the proper fee, pending action upon said
3application by the Secretary of State. If the person making
4the application is primarily a resident of a state other than
5the State of Illinois, that person shall provide a valid
6driver's license or identification card, or equivalent
7documentation, of that primary state of residence, accompanied
8by the proper fee, and one or more of the following: (i) proof
9of ownership or lease agreement for a residence in Illinois;
10(ii) proof of enrollment in an Illinois college, university,
11or other institution of higher education; or (iii) proof of
12active duty military status. In lieu of payment of the proper
13fee, the Secretary of State may accept a bond therefor or a
14certificate of deposit, in the proper amount, and in the same
15form and subject to the same requirements as the payment of
16such fees or taxes on an installment basis, except that the
17fees or taxes due shall be payable and paid to the Secretary of
18State. The design, color and format of the temporary permit or
19placard shall be wholly within the discretion of the Secretary
20of State.
21    (b) Temporary Registration. The Secretary of State in his
22discretion may issue registration plates to an owner for which
23application and certificate of title has been made where such
24application is accompanied by the proper fee and tax, pending
25completion of the said application by the applicant and the
26Secretary, subject however to rules and regulations

 

 

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1promulgated by the Secretary.
2    (c) Revocation. A temporary permit or registration is
3subject to revocation to the same extent as any other
4registration.
5(Source: P.A. 88-298.)