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92_HB4974eng HB4974 Engrossed LRB9213002LBprA 1 AN ACT concerning motor vehicle decals. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Use Tax Act is amended by changing 5 Section 3-55 as follows: 6 (35 ILCS 105/3-55) (from Ch. 120, par. 439.3-55) 7 Sec. 3-55. Multistate exemption. The tax imposed by 8 this Act does not apply to the use of tangible personal 9 property in this State under the following circumstances: 10 (a) The use, in this State, of tangible personal 11 property acquired outside this State by a nonresident 12 individual and brought into this State by the individual for 13 his or her own use while temporarily within this State or 14 while passing through this State. 15 (b) The use, in this State, of tangible personal 16 property by an interstate carrier for hire as rolling stock 17 moving in interstate commerce or by lessors under a lease of 18 one year or longer executed or in effect at the time of 19 purchase of tangible personal property by interstate carriers 20 for-hire for use as rolling stock moving in interstate 21 commerce as long as so used by the interstate carriers 22 for-hire, and equipment operated by a telecommunications 23 provider, licensed as a common carrier by the Federal 24 Communications Commission, which is permanently installed in 25 or affixed to aircraft moving in interstate commerce. 26 (c) The use, in this State, by owners, lessors, or 27 shippers of tangible personal property that is utilized by 28 interstate carriers for hire for use as rolling stock moving 29 in interstate commerce as long as so used by the interstate 30 carriers for hire, and equipment operated by a 31 telecommunications provider, licensed as a common carrier by HB4974 Engrossed -2- LRB9213002LBprA 1 the Federal Communications Commission, which is permanently 2 installed in or affixed to aircraft moving in interstate 3 commerce. 4 (d) The use, in this State, of tangible personal 5 property that is acquired outside this State and caused to be 6 brought into this State by a person who has already paid a 7 tax in another State in respect to the sale, purchase, or use 8 of that property, to the extent of the amount of the tax 9 properly due and paid in the other State. 10 (e) The temporary storage, in this State, of tangible 11 personal property that is acquired outside this State and 12 that, after being brought into this State and stored here 13 temporarily, is used solely outside this State or is 14 physically attached to or incorporated into other tangible 15 personal property that is used solely outside this State, or 16 is altered by converting, fabricating, manufacturing, 17 printing, processing, or shaping, and, as altered, is used 18 solely outside this State. 19 (f) The temporary storage in this State of building 20 materials and fixtures that are acquired either in this State 21 or outside this State by an Illinois registered combination 22 retailer and construction contractor, and that the purchaser 23 thereafter uses outside this State by incorporating that 24 property into real estate located outside this State. 25 (g) The use or purchase of tangible personal property by 26 a common carrier by rail or motor that receives the physical 27 possession of the property in Illinois, and that transports 28 the property, or shares with another common carrier in the 29 transportation of the property, out of Illinois on a standard 30 uniform bill of lading showing the seller of the property as 31 the shipper or consignor of the property to a destination 32 outside Illinois, for use outside Illinois. 33 (h) The use, in this State, of a motor vehicle that was 34 sold in this State to a nonresident, even though the motor HB4974 Engrossed -3- LRB9213002LBprA 1 vehicle is delivered to the nonresident in this State, if the 2 motor vehicle is not to be titled in this State, and if a 3 drive-awaydriveaway decalpermit is issued to the motor 4 vehicle as provided in Section 3-603 of the Illinois Vehicle 5 Code or if the nonresident purchaser has vehicle registration 6 plates to transfer to the motor vehicle upon returning to his 7 or her home state. The issuance of the drive-awaydriveaway8decalpermit or having the out-of-state registration plates 9 to be transferred shall be prima facie evidence that the 10 motor vehicle will not be titled in this State. 11 (i) Beginning July 1, 1999, the use, in this State, of 12 fuel acquired outside this State and brought into this State 13 in the fuel supply tanks of locomotives engaged in freight 14 hauling and passenger service for interstate commerce. This 15 subsection is exempt from the provisions of Section 3-90. 16 (j) Beginning on January 1, 2002, the use of tangible 17 personal property purchased from an Illinois retailer by a 18 taxpayer engaged in centralized purchasing activities in 19 Illinois who will, upon receipt of the property in Illinois, 20 temporarily store the property in Illinois (i) for the 21 purpose of subsequently transporting it outside this State 22 for use or consumption thereafter solely outside this State 23 or (ii) for the purpose of being processed, fabricated, or 24 manufactured into, attached to, or incorporated into other 25 tangible personal property to be transported outside this 26 State and thereafter used or consumed solely outside this 27 State. The Director of Revenue shall, pursuant to rules 28 adopted in accordance with the Illinois Administrative 29 Procedure Act, issue a permit to any taxpayer in good 30 standing with the Department who is eligible for the 31 exemption under this subsection (j). The permit issued under 32 this subsection (j) shall authorize the holder, to the extent 33 and in the manner specified in the rules adopted under this 34 Act, to purchase tangible personal property from a retailer HB4974 Engrossed -4- LRB9213002LBprA 1 exempt from the taxes imposed by this Act. Taxpayers shall 2 maintain all necessary books and records to substantiate the 3 use and consumption of all such tangible personal property 4 outside of the State of Illinois. 5 (Source: P.A. 91-51, eff. 6-30-99; 91-313, eff. 7-29-99; 6 91-587, eff. 8-14-99; 92-16, eff. 6-28-01; 92-488, eff. 7 8-23-01.) 8 Section 10. The Retailers' Occupation Tax Act is amended 9 by changing Section 2-5 as follows: 10 (35 ILCS 120/2-5) (from Ch. 120, par. 441-5) 11 Sec. 2-5. Exemptions. Gross receipts from proceeds from 12 the sale of the following tangible personal property are 13 exempt from the tax imposed by this Act: 14 (1) Farm chemicals. 15 (2) Farm machinery and equipment, both new and used, 16 including that manufactured on special order, certified by 17 the purchaser to be used primarily for production agriculture 18 or State or federal agricultural programs, including 19 individual replacement parts for the machinery and equipment, 20 including machinery and equipment purchased for lease, and 21 including implements of husbandry defined in Section 1-130 of 22 the Illinois Vehicle Code, farm machinery and agricultural 23 chemical and fertilizer spreaders, and nurse wagons required 24 to be registered under Section 3-809 of the Illinois Vehicle 25 Code, but excluding other motor vehicles required to be 26 registered under the Illinois Vehicle Code. Horticultural 27 polyhouses or hoop houses used for propagating, growing, or 28 overwintering plants shall be considered farm machinery and 29 equipment under this item (2). Agricultural chemical tender 30 tanks and dry boxes shall include units sold separately from 31 a motor vehicle required to be licensed and units sold 32 mounted on a motor vehicle required to be licensed, if the HB4974 Engrossed -5- LRB9213002LBprA 1 selling price of the tender is separately stated. 2 Farm machinery and equipment shall include precision 3 farming equipment that is installed or purchased to be 4 installed on farm machinery and equipment including, but not 5 limited to, tractors, harvesters, sprayers, planters, 6 seeders, or spreaders. Precision farming equipment includes, 7 but is not limited to, soil testing sensors, computers, 8 monitors, software, global positioning and mapping systems, 9 and other such equipment. 10 Farm machinery and equipment also includes computers, 11 sensors, software, and related equipment used primarily in 12 the computer-assisted operation of production agriculture 13 facilities, equipment, and activities such as, but not 14 limited to, the collection, monitoring, and correlation of 15 animal and crop data for the purpose of formulating animal 16 diets and agricultural chemicals. This item (7) is exempt 17 from the provisions of Section 2-70. 18 (3) Distillation machinery and equipment, sold as a unit 19 or kit, assembled or installed by the retailer, certified by 20 the user to be used only for the production of ethyl alcohol 21 that will be used for consumption as motor fuel or as a 22 component of motor fuel for the personal use of the user, and 23 not subject to sale or resale. 24 (4) Graphic arts machinery and equipment, including 25 repair and replacement parts, both new and used, and 26 including that manufactured on special order or purchased for 27 lease, certified by the purchaser to be used primarily for 28 graphic arts production. Equipment includes chemicals or 29 chemicals acting as catalysts but only if the chemicals or 30 chemicals acting as catalysts effect a direct and immediate 31 change upon a graphic arts product. 32 (5) A motor vehicle of the first division, a motor 33 vehicle of the second division that is a self-contained motor 34 vehicle designed or permanently converted to provide living HB4974 Engrossed -6- LRB9213002LBprA 1 quarters for recreational, camping, or travel use, with 2 direct walk through access to the living quarters from the 3 driver's seat, or a motor vehicle of the second division that 4 is of the van configuration designed for the transportation 5 of not less than 7 nor more than 16 passengers, as defined in 6 Section 1-146 of the Illinois Vehicle Code, that is used for 7 automobile renting, as defined in the Automobile Renting 8 Occupation and Use Tax Act. 9 (6) Personal property sold by a teacher-sponsored 10 student organization affiliated with an elementary or 11 secondary school located in Illinois. 12 (7) Proceeds of that portion of the selling price of a 13 passenger car the sale of which is subject to the Replacement 14 Vehicle Tax. 15 (8) Personal property sold to an Illinois county fair 16 association for use in conducting, operating, or promoting 17 the county fair. 18 (9) Personal property sold to a not-for-profit arts or 19 cultural organization that establishes, by proof required by 20 the Department by rule, that it has received an exemption 21 under Section 501(c)(3) of the Internal Revenue Code and that 22 is organized and operated primarily for the presentation or 23 support of arts or cultural programming, activities, or 24 services. These organizations include, but are not limited 25 to, music and dramatic arts organizations such as symphony 26 orchestras and theatrical groups, arts and cultural service 27 organizations, local arts councils, visual arts 28 organizations, and media arts organizations. On and after the 29 effective date of this amendatory Act of the 92nd General 30 Assembly, however, an entity otherwise eligible for this 31 exemption shall not make tax-free purchases unless it has an 32 active identification number issued by the Department. 33 (10) Personal property sold by a corporation, society, 34 association, foundation, institution, or organization, other HB4974 Engrossed -7- LRB9213002LBprA 1 than a limited liability company, that is organized and 2 operated as a not-for-profit service enterprise for the 3 benefit of persons 65 years of age or older if the personal 4 property was not purchased by the enterprise for the purpose 5 of resale by the enterprise. 6 (11) Personal property sold to a governmental body, to a 7 corporation, society, association, foundation, or institution 8 organized and operated exclusively for charitable, religious, 9 or educational purposes, or to a not-for-profit corporation, 10 society, association, foundation, institution, or 11 organization that has no compensated officers or employees 12 and that is organized and operated primarily for the 13 recreation of persons 55 years of age or older. A limited 14 liability company may qualify for the exemption under this 15 paragraph only if the limited liability company is organized 16 and operated exclusively for educational purposes. On and 17 after July 1, 1987, however, no entity otherwise eligible for 18 this exemption shall make tax-free purchases unless it has an 19 active identification number issued by the Department. 20 (12) Personal property sold to interstate carriers for 21 hire for use as rolling stock moving in interstate commerce 22 or to lessors under leases of one year or longer executed or 23 in effect at the time of purchase by interstate carriers for 24 hire for use as rolling stock moving in interstate commerce 25 and equipment operated by a telecommunications provider, 26 licensed as a common carrier by the Federal Communications 27 Commission, which is permanently installed in or affixed to 28 aircraft moving in interstate commerce. 29 (13) Proceeds from sales to owners, lessors, or shippers 30 of tangible personal property that is utilized by interstate 31 carriers for hire for use as rolling stock moving in 32 interstate commerce and equipment operated by a 33 telecommunications provider, licensed as a common carrier by 34 the Federal Communications Commission, which is permanently HB4974 Engrossed -8- LRB9213002LBprA 1 installed in or affixed to aircraft moving in interstate 2 commerce. 3 (14) Machinery and equipment that will be used by the 4 purchaser, or a lessee of the purchaser, primarily in the 5 process of manufacturing or assembling tangible personal 6 property for wholesale or retail sale or lease, whether the 7 sale or lease is made directly by the manufacturer or by some 8 other person, whether the materials used in the process are 9 owned by the manufacturer or some other person, or whether 10 the sale or lease is made apart from or as an incident to the 11 seller's engaging in the service occupation of producing 12 machines, tools, dies, jigs, patterns, gauges, or other 13 similar items of no commercial value on special order for a 14 particular purchaser. 15 (15) Proceeds of mandatory service charges separately 16 stated on customers' bills for purchase and consumption of 17 food and beverages, to the extent that the proceeds of the 18 service charge are in fact turned over as tips or as a 19 substitute for tips to the employees who participate directly 20 in preparing, serving, hosting or cleaning up the food or 21 beverage function with respect to which the service charge is 22 imposed. 23 (16) Petroleum products sold to a purchaser if the 24 seller is prohibited by federal law from charging tax to the 25 purchaser. 26 (17) Tangible personal property sold to a common carrier 27 by rail or motor that receives the physical possession of the 28 property in Illinois and that transports the property, or 29 shares with another common carrier in the transportation of 30 the property, out of Illinois on a standard uniform bill of 31 lading showing the seller of the property as the shipper or 32 consignor of the property to a destination outside Illinois, 33 for use outside Illinois. 34 (18) Legal tender, currency, medallions, or gold or HB4974 Engrossed -9- LRB9213002LBprA 1 silver coinage issued by the State of Illinois, the 2 government of the United States of America, or the government 3 of any foreign country, and bullion. 4 (19) Oil field exploration, drilling, and production 5 equipment, including (i) rigs and parts of rigs, rotary rigs, 6 cable tool rigs, and workover rigs, (ii) pipe and tubular 7 goods, including casing and drill strings, (iii) pumps and 8 pump-jack units, (iv) storage tanks and flow lines, (v) any 9 individual replacement part for oil field exploration, 10 drilling, and production equipment, and (vi) machinery and 11 equipment purchased for lease; but excluding motor vehicles 12 required to be registered under the Illinois Vehicle Code. 13 (20) Photoprocessing machinery and equipment, including 14 repair and replacement parts, both new and used, including 15 that manufactured on special order, certified by the 16 purchaser to be used primarily for photoprocessing, and 17 including photoprocessing machinery and equipment purchased 18 for lease. 19 (21) Coal exploration, mining, offhighway hauling, 20 processing, maintenance, and reclamation equipment, including 21 replacement parts and equipment, and including equipment 22 purchased for lease, but excluding motor vehicles required to 23 be registered under the Illinois Vehicle Code. 24 (22) Fuel and petroleum products sold to or used by an 25 air carrier, certified by the carrier to be used for 26 consumption, shipment, or storage in the conduct of its 27 business as an air common carrier, for a flight destined for 28 or returning from a location or locations outside the United 29 States without regard to previous or subsequent domestic 30 stopovers. 31 (23) A transaction in which the purchase order is 32 received by a florist who is located outside Illinois, but 33 who has a florist located in Illinois deliver the property to 34 the purchaser or the purchaser's donee in Illinois. HB4974 Engrossed -10- LRB9213002LBprA 1 (24) Fuel consumed or used in the operation of ships, 2 barges, or vessels that are used primarily in or for the 3 transportation of property or the conveyance of persons for 4 hire on rivers bordering on this State if the fuel is 5 delivered by the seller to the purchaser's barge, ship, or 6 vessel while it is afloat upon that bordering river. 7 (25) A motor vehicle sold in this State to a nonresident 8 even though the motor vehicle is delivered to the nonresident 9 in this State, if the motor vehicle is not to be titled in 10 this State, and if a drive-awaydriveaway decalpermit is 11 issued to the motor vehicle as provided in Section 3-603 of 12 the Illinois Vehicle Code or if the nonresident purchaser has 13 vehicle registration plates to transfer to the motor vehicle 14 upon returning to his or her home state. The issuance of the 15 drive-awaydriveaway decalpermit or having the out-of-state 16 registration plates to be transferred is prima facie evidence 17 that the motor vehicle will not be titled in this State. 18 (26) Semen used for artificial insemination of livestock 19 for direct agricultural production. 20 (27) Horses, or interests in horses, registered with and 21 meeting the requirements of any of the Arabian Horse Club 22 Registry of America, Appaloosa Horse Club, American Quarter 23 Horse Association, United States Trotting Association, or 24 Jockey Club, as appropriate, used for purposes of breeding or 25 racing for prizes. 26 (28) Computers and communications equipment utilized for 27 any hospital purpose and equipment used in the diagnosis, 28 analysis, or treatment of hospital patients sold to a lessor 29 who leases the equipment, under a lease of one year or longer 30 executed or in effect at the time of the purchase, to a 31 hospital that has been issued an active tax exemption 32 identification number by the Department under Section 1g of 33 this Act. 34 (29) Personal property sold to a lessor who leases the HB4974 Engrossed -11- LRB9213002LBprA 1 property, under a lease of one year or longer executed or in 2 effect at the time of the purchase, to a governmental body 3 that has been issued an active tax exemption identification 4 number by the Department under Section 1g of this Act. 5 (30) Beginning with taxable years ending on or after 6 December 31, 1995 and ending with taxable years ending on or 7 before December 31, 2004, personal property that is donated 8 for disaster relief to be used in a State or federally 9 declared disaster area in Illinois or bordering Illinois by a 10 manufacturer or retailer that is registered in this State to 11 a corporation, society, association, foundation, or 12 institution that has been issued a sales tax exemption 13 identification number by the Department that assists victims 14 of the disaster who reside within the declared disaster area. 15 (31) Beginning with taxable years ending on or after 16 December 31, 1995 and ending with taxable years ending on or 17 before December 31, 2004, personal property that is used in 18 the performance of infrastructure repairs in this State, 19 including but not limited to municipal roads and streets, 20 access roads, bridges, sidewalks, waste disposal systems, 21 water and sewer line extensions, water distribution and 22 purification facilities, storm water drainage and retention 23 facilities, and sewage treatment facilities, resulting from a 24 State or federally declared disaster in Illinois or bordering 25 Illinois when such repairs are initiated on facilities 26 located in the declared disaster area within 6 months after 27 the disaster. 28 (32) Beginning July 1, 1999, game or game birds sold at 29 a "game breeding and hunting preserve area" or an "exotic 30 game hunting area" as those terms are used in the Wildlife 31 Code or at a hunting enclosure approved through rules adopted 32 by the Department of Natural Resources. This paragraph is 33 exempt from the provisions of Section 2-70. 34 (33) A motor vehicle, as that term is defined in Section HB4974 Engrossed -12- LRB9213002LBprA 1 1-146 of the Illinois Vehicle Code, that is donated to a 2 corporation, limited liability company, society, association, 3 foundation, or institution that is determined by the 4 Department to be organized and operated exclusively for 5 educational purposes. For purposes of this exemption, "a 6 corporation, limited liability company, society, association, 7 foundation, or institution organized and operated exclusively 8 for educational purposes" means all tax-supported public 9 schools, private schools that offer systematic instruction in 10 useful branches of learning by methods common to public 11 schools and that compare favorably in their scope and 12 intensity with the course of study presented in tax-supported 13 schools, and vocational or technical schools or institutes 14 organized and operated exclusively to provide a course of 15 study of not less than 6 weeks duration and designed to 16 prepare individuals to follow a trade or to pursue a manual, 17 technical, mechanical, industrial, business, or commercial 18 occupation. 19 (34) Beginning January 1, 2000, personal property, 20 including food, purchased through fundraising events for the 21 benefit of a public or private elementary or secondary 22 school, a group of those schools, or one or more school 23 districts if the events are sponsored by an entity recognized 24 by the school district that consists primarily of volunteers 25 and includes parents and teachers of the school children. 26 This paragraph does not apply to fundraising events (i) for 27 the benefit of private home instruction or (ii) for which the 28 fundraising entity purchases the personal property sold at 29 the events from another individual or entity that sold the 30 property for the purpose of resale by the fundraising entity 31 and that profits from the sale to the fundraising entity. 32 This paragraph is exempt from the provisions of Section 2-70. 33 (35) Beginning January 1, 2000 and through December 31, 34 2001, new or used automatic vending machines that prepare and HB4974 Engrossed -13- LRB9213002LBprA 1 serve hot food and beverages, including coffee, soup, and 2 other items, and replacement parts for these machines. 3 Beginning January 1, 2002, machines and parts for machines 4 used in commercial, coin-operated amusement and vending 5 business if a use or occupation tax is paid on the gross 6 receipts derived from the use of the commercial, 7 coin-operated amusement and vending machines. This paragraph 8 is exempt from the provisions of Section 2-70. 9 (36) Beginning on the effective date of this amendatory 10 Act of the 92nd General Assembly, computers and 11 communications equipment utilized for any hospital purpose 12 and equipment used in the diagnosis, analysis, or treatment 13 of hospital patients sold to a lessor who leases the 14 equipment, under a lease of one year or longer executed or in 15 effect at the time of the purchase, to a hospital that has 16 been issued an active tax exemption identification number by 17 the Department under Section 1g of this Act. This paragraph 18 is exempt from the provisions of Section 2-70. 19 (37) Beginning on the effective date of this amendatory 20 Act of the 92nd General Assembly, personal property sold to a 21 lessor who leases the property, under a lease of one year or 22 longer executed or in effect at the time of the purchase, to 23 a governmental body that has been issued an active tax 24 exemption identification number by the Department under 25 Section 1g of this Act. This paragraph is exempt from the 26 provisions of Section 2-70. 27 (38)(36)Beginning on January 1, 2002, tangible 28 personal property purchased from an Illinois retailer by a 29 taxpayer engaged in centralized purchasing activities in 30 Illinois who will, upon receipt of the property in Illinois, 31 temporarily store the property in Illinois (i) for the 32 purpose of subsequently transporting it outside this State 33 for use or consumption thereafter solely outside this State 34 or (ii) for the purpose of being processed, fabricated, or HB4974 Engrossed -14- LRB9213002LBprA 1 manufactured into, attached to, or incorporated into other 2 tangible personal property to be transported outside this 3 State and thereafter used or consumed solely outside this 4 State. The Director of Revenue shall, pursuant to rules 5 adopted in accordance with the Illinois Administrative 6 Procedure Act, issue a permit to any taxpayer in good 7 standing with the Department who is eligible for the 8 exemption under this paragraph (38)(36). The permit issued 9 under this paragraph (38)(36)shall authorize the holder, to 10 the extent and in the manner specified in the rules adopted 11 under this Act, to purchase tangible personal property from a 12 retailer exempt from the taxes imposed by this Act. 13 Taxpayers shall maintain all necessary books and records to 14 substantiate the use and consumption of all such tangible 15 personal property outside of the State of Illinois. 16 (Source: P.A. 91-51, eff. 6-30-99; 91-200, eff. 7-20-99; 17 91-439, eff. 8-6-99; 91-533, eff. 8-13-99; 91-637, eff. 18 8-20-99; 91-644, eff. 8-20-99; 92-16, eff. 6-28-01; 92-35, 19 eff. 7-1-01; 92-227, eff. 8-2-01; 92-337, eff. 8-10-01; 20 92-484, eff. 8-23-01; 92-488, eff. 8-23-01; revised 1-15-02.) 21 Section 15. The Illinois Vehicle Code is amended by 22 changing Sections 3-403, 3-413, 3-603, 3-605, 3-701, and 23 3-811 as follows: 24 (625 ILCS 5/3-403) (from Ch. 95 1/2, par. 3-403) 25 Sec. 3-403. Trip and Short-term permits. 26 (a) The Secretary of State may issue a short-term permit 27 to operate a nonregistered first or second division vehicle 28 within the State of Illinois for a period of not more than 7 295days. Any second division vehicle operating on such permit 30 may operate only on empty weight. The fee for the short-term 31 permit shall be $6. 32 This permit may also be issued to operate an unladen HB4974 Engrossed -15- LRB9213002LBprA 1 registered vehicle which is suspended under the Vehicle 2 Emissions Inspection Law and allow it to be driven on the 3 roads and highways of the State in order to be repaired or 4 when travelling to and from an emissions inspection station. 5 (b) The Secretary of State may, subject to reciprocal 6 agreements, arrangements or declarations made or entered into 7 pursuant to Section 3-402, 3-402.4 or by rule, provide for 8 and issue registration permits for the use of Illinois 9 highways by vehicles of the second division on an occasional 10 basis or for a specific and special short-term use, in 11 compliance with rules and regulations promulgated by the 12 Secretary of State, and upon payment of the prescribed fee as 13 follows: 14 One-trip permits. A registration permit for one trip, or 15 one round-trip into and out of Illinois, for a period not to 16 exceed 72 consecutive hours or 3 calendar days may be 17 provided, for a fee as prescribed in Section 3-811. 18 One-Month permits. A registration permit for 30 days may 19 be provided for a fee of $13 for registration plus 1/10 of 20 the flat weight tax. The minimum fee for such permit shall 21 be $31. 22 In-transit permits. A registration permit for one trip 23 may be provided for vehicles in transit by the driveaway or 24 towaway method and operated by a transporter in compliance 25 with the Illinois Motor Carrier of Property Law, for a fee as 26 prescribed in Section 3-811. 27 Illinois Temporary Apportionment Authorization Permits. 28 An apportionment authorization permit for forty-five days for 29 the immediate operation of a vehicle upon application for and 30 prior to receiving apportioned credentials or interstate 31 credentials from the State of Illinois. The fee for such 32 permit shall be $3. 33 Illinois Temporary Prorate Authorization Permit. A 34 prorate authorization permit for forty-five days for the HB4974 Engrossed -16- LRB9213002LBprA 1 immediate operation of a vehicle upon application for and 2 prior to receiving prorate credentials or interstate 3 credentials from the State of Illinois. The fee for such 4 permit shall be $3. 5 (c) The Secretary of State shall promulgate by such rule 6 or regulation, schedules of fees and taxes for such permits 7 and in computing the amount or amounts due, may round off 8 such amount to the nearest full dollar amount. 9 (d) The Secretary of State shall further prescribe the 10 form of application and permit and may require such 11 information and data as necessary and proper, including 12 confirming the status or identity of the applicant and the 13 vehicle in question. 14 (e) Rules or regulations promulgated by the Secretary of 15 State under this Section shall provide for reasonable and 16 proper limitations and restrictions governing the application 17 for and issuance and use of permits, and shall provide for 18 the number of permits per vehicle or per applicant, so as to 19 preclude evasion of annual registration requirements as may 20 be required by this Act. 21 (f) Any permit under this Section is subject to 22 suspension or revocation under this Act, and in addition, any 23 such permit is subject to suspension or revocation should the 24 Secretary of State determine that the vehicle identified in 25 any permit should be properly registered in Illinois. In the 26 event any such permit is suspended or revoked, the permit is 27 then null and void, may not be re-instated, nor is a refund 28 therefor available. The vehicle identified in such permit 29 may not thereafter be operated in Illinois without being 30 properly registered as provided in this Chapter. 31 (Source: P.A. 91-37, eff. 7-1-99.) 32 (625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413) 33 Sec. 3-413. Display of registration plates, registration HB4974 Engrossed -17- LRB9213002LBprA 1 stickers and drive-awaydriveway decalpermits. 2 (a) Registration plates issued for a motor vehicle other 3 than a motorcycle, trailer, semitrailer, truck-tractor, 4 apportioned bus, or apportioned truck shall be attached 5 thereto, one in the front and one in the rear. The 6 registration plate issued for a motorcycle, trailer or 7 semitrailer required to be registered hereunder and any 8 apportionment plate issued to a bus under the provisions of 9 this Code shall be attached to the rear thereof. The 10 registration plate issued for a truck-tractor or an 11 apportioned truck required to be registered hereunder shall 12 be attached to the front thereof. 13 (b) Every registration plate shall at all times be 14 securely fastened in a horizontal position to the vehicle for 15 which it is issued so as to prevent the plate from swinging 16 and at a height of not less than 12 inches from the ground, 17 measuring from the bottom of such plate, in a place and 18 position to be clearly visible and shall be maintained in a 19 condition to be clearly legible, free from any materials that 20 would obstruct the visibility of the plate, including, but 21 not limited to, glass covers and tinted plastic covers. 22 Clear plastic covers are permissible as long as they remain 23 clear and do not obstruct the visibility of the plates. 24 Registration stickers issued as evidence of renewed annual 25 registration shall be attached to registration plates as 26 required by the Secretary of State, and be clearly visible at 27 all times. 28 (c) Every drive-awaydriveway decalpermit issued 29 pursuant to this Code shall be firmly attached tothe inside30windshield ofthe motor vehicle in thesuch amanner 31 prescribed by the Secretary of State.that it cannot be32removed without being destroyed.If a drive-away permit is 33such decal permits areaffixed to a motor vehicle in any 34 other manner the permit shall be void and of no effect. HB4974 Engrossed -18- LRB9213002LBprA 1 (d) The Illinois prorate decal issued to a foreign 2 registered vehicle part of a fleet prorated or apportioned 3 with Illinois, shall be displayed on a registration plate and 4 displayed on the front of such vehicle in the same manner as 5 an Illinois registration plate. 6 (e) The registration plate issued for a camper body 7 mounted on a truck displaying registration plates shall be 8 attached to the rear of the camper body. 9 (f) No person shall operate a vehicle, nor permit the 10 operation of a vehicle, upon which is displayed an Illinois 11 registration plate, plates or registration stickers after the 12 termination of the registration period for which issued or 13 after the expiration date set pursuant to Sections 3-414 and 14 3-414.1 of this Code. 15 (Source: P.A. 89-245, eff. 1-1-96; 89-375, eff. 8-18-95.) 16 (625 ILCS 5/3-603) (from Ch. 95 1/2, par. 3-603) 17 Sec. 3-603. Application for drive-awaydriveaway decal18 permits. 19 (a) A dealer who has sold a vehicle of a type otherwise 20 required to be registered under this Act to a nonresident of 21 this State who does not have currently valid registration in 22 his home state, may provide for the operation of such vehicle 23 without registration from the place of sale to the place of 24 destination outside of the State of Illinois, by issuing a 25 drive-away permit in the manner prescribed by the Secretary 26 of Stateendorsing the date of sale on a driveaway decal27permit containing the dealer's name, address and license28numberand by affixing the permitdecalto such vehicle in 29 the manner prescribed by the Secretary of Statein Section303-413. Any vehicle being operated pursuant to a drive-away 31driveaway decalpermit may not be used for any other purpose 32 and such permits shall be effective only for a period of 71033 days from the date of sale. HB4974 Engrossed -19- LRB9213002LBprA 1 (b) Any dealer may make application to the Secretary of 2 State upon the appropriate form for drive-awaydriveaway3decalpermits for motor vehicles sold by such dealer. Along 4 with such application each applicant shall submit proof of 5 his status as a bona fide dealer and any other information as 6 may be required by the Secretary of State. A non-resident who 7 has purchased a motor vehicle from a person who is not a 8 dealer, may likewise apply to the Secretary of State for a 9 drive-awaydriveaway decalpermit for display upon such 10 vehicle while being driven from Illinois to the State of 11 residence of the applicant. Along with such application, the 12 applicant shall submit proof of his non-residence and 13 eligibility for a reciprocal exemption from registration in 14 Illinois. 15 All drive-awaydriveaway decalpermits issued under such 16 application shall bear a distinguishing number and such other 17 features as may be required by the Secretary of State. 18 (Source: P.A. 80-1459.) 19 (625 ILCS 5/3-605) (from Ch. 95 1/2, par. 3-605) 20 Sec. 3-605. Manufacturers, engine and driveline component 21 manufacturers, transporters, repossessors and dealers to 22 maintain records. 23 Every manufacturer, engine and driveline component 24 manufacturer, repossessor, transporter or dealer shall keep a 25 written record of the persons to whom such drive-away 26driveaway decalpermits or special plates are assigned, which 27 record shall be open to inspection by any public officer or 28 any employee of the Secretary of State. 29 (Source: P.A. 76-2136.) 30 (625 ILCS 5/3-701) (from Ch. 95 1/2, par. 3-701) 31 Sec. 3-701. Operation of vehicles without evidence of 32 registration - Operation under mileage plates when odometer HB4974 Engrossed -20- LRB9213002LBprA 1 broken or disconnected. 2 No person shall operate, nor shall an owner knowingly 3 permit to be operated, upon any highway unless there shall be 4 attached thereto and displayed thereon when and as required 5 by law, proper evidence of registration in Illinois, as 6 follows: 7 (1) A vehicle required to be registered in Illinois. A 8 current and valid Illinois registration sticker or stickers 9 and plate or plates, or an Illinois temporary registration 10 permit, or a drive-awaydriveaway decalor in-transit permit, 11 issued therefor by the Secretary of State; or 12 (2) A vehicle eligible for Reciprocity. A current and 13 valid reciprocal foreign registration plate or plates 14 properly issued to such vehicle or a temporary registration 15 issued therefor, by the reciprocal State, and, in addition, 16 when required by the Secretary, a current and valid Illinois 17 Reciprocity Permit or Prorate Decal issued therefor by the 18 Secretary of State; or except as otherwise expressly provided 19 for in this Chapter. 20 No person shall operate, nor shall any owner knowingly 21 permit to be operated, any vehicle of the second division for 22 which the owner has made an election to pay the mileage tax 23 in lieu of the annual flat weight tax, at any time when the 24 odometer of such vehicle is broken or disconnected, or is 25 inoperable or not operating. 26 (Source: P.A. 81-886.) 27 (625 ILCS 5/3-811) (from Ch. 95 1/2, par. 3-811) 28 Sec. 3-811. Drive-awayDriveaway decalsand other permits 29 - Fees. 30 (a) Dealers may obtain drive-awaydriveaway decal31 permits for use as provided in this Code, for a fee of $6 per 32 permit. 33 (b) Transporters may obtain one-trip permits for HB4974 Engrossed -21- LRB9213002LBprA 1 vehicles in transit for use as provided in this Code, for a 2 fee of $6 per permit. 3 (c) Non-residents may likewise obtain a drive-away 4driveaway decalpermit from the Secretary of State to export 5 a motor vehicle purchased in Illinois, for a fee of $6 per 6 permit. 7 (d) One-trip permits may be obtained for an occasional 8 single trip by a vehicle as provided in this Code, upon 9 payment of a fee of $19. 10 (e) One month permits may likewise be obtained for the 11 fees and taxes prescribed in this Code and as promulgated by 12 the Secretary of State. 13 (Source: P.A. 91-37, eff. 7-1-99.) 14 Section 99. Effective date. This Act takes effect upon 15 becoming law.