Public Act 103-0209
 
HB3876 EnrolledLRB103 05102 HEP 50116 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by
changing Sections 3-402 and 3-407 as follows:
 
    (625 ILCS 5/3-402)  (from Ch. 95 1/2, par. 3-402)
    Sec. 3-402. Vehicles subject to registration; exceptions.
    A. Exemptions and Policy. Every motor vehicle, trailer,
semitrailer and pole trailer when driven or moved upon a
highway shall be subject to the registration and certificate
of title provisions of this Chapter except:
        (1) Any such vehicle driven or moved upon a highway in
    conformance with the provisions of this Chapter relating
    to manufacturers, transporters, dealers, lienholders or
    nonresidents or under a temporary registration permit
    issued by the Secretary of State;
        (2) Any implement of husbandry whether of a type
    otherwise subject to registration hereunder or not which
    is only incidentally operated or moved upon a highway,
    which shall include a not-for-hire movement for the
    purpose of delivering farm commodities to a place of first
    processing or sale, or to a place of storage;
        (3) Any special mobile equipment as herein defined;
        (4) Any vehicle which is propelled exclusively by
    electric power obtained from overhead trolley wires though
    not operated upon rails;
        (5) Any vehicle which is equipped and used exclusively
    as a pumper, ladder truck, rescue vehicle, searchlight
    truck, or other fire apparatus, but not a vehicle of a type
    which would otherwise be subject to registration as a
    vehicle of the first division;
        (6) Any vehicle which is owned and operated by the
    federal government and externally displays evidence of
    federal ownership. It is the policy of the State of
    Illinois to promote and encourage the fullest use of its
    highways and to enhance the flow of commerce thus
    contributing to the economic, agricultural, industrial and
    social growth and development of this State, by
    authorizing the Secretary of State to negotiate and enter
    into reciprocal or proportional agreements or arrangements
    with other States, or to issue declarations setting forth
    reciprocal exemptions, benefits and privileges with
    respect to vehicles operated interstate which are properly
    registered in this and other States, assuring nevertheless
    proper registration of vehicles in Illinois as may be
    required by this Code;
        (7) Any converter dolly or tow dolly which merely
    serves as substitute wheels for another legally licensed
    vehicle. A title may be issued on a voluntary basis to a
    tow dolly upon receipt of the manufacturer's certificate
    of origin or the bill of sale;
        (8) Any house trailer found to be an abandoned mobile
    home under the Abandoned Mobile Home Act;
        (9) Any vehicle that is not properly registered or
    does not have registration plates or digital registration
    plates issued to the owner or operator affixed thereto, or
    that does have registration plates or digital registration
    plates issued to the owner or operator affixed thereto but
    the plates are not appropriate for the weight of the
    vehicle, provided that this exemption shall apply only
    while the vehicle is being transported or operated by a
    towing service and has a third tow plate affixed to it.
    B. Reciprocity. Any motor vehicle, trailer, semitrailer or
pole trailer need not be registered under this Code provided
the same is operated interstate and in accordance with the
following provisions and any rules and regulations promulgated
pursuant thereto:
        (1) A nonresident owner, except as otherwise provided
    in this Section, owning any foreign registered vehicle of
    a type otherwise subject to registration hereunder, may
    operate or permit the operation of such vehicle within
    this State in interstate commerce without registering such
    vehicle in, or paying any fees to, this State subject to
    the condition that such vehicle at all times when operated
    in this State is operated pursuant to a reciprocity
    agreement, arrangement or declaration by this State, and
    further subject to the condition that such vehicle at all
    times when operated in this State is duly registered in,
    and displays upon it, a valid registration card and
    registration plate or plates or digital registration plate
    or plates issued for such vehicle in the place of
    residence of such owner and is issued and maintains in
    such vehicle a valid Illinois reciprocity permit as
    required by the Secretary of State, and provided like
    privileges are afforded to residents of this State by the
    State of residence of such owner.
        Every nonresident including any foreign corporation
    carrying on business within this State and owning and
    regularly operating in such business any motor vehicle,
    trailer or semitrailer within this State in intrastate
    commerce, shall be required to register each such vehicle
    and pay the same fees therefor as is required with
    reference to like vehicles owned by residents of this
    State.
        (2) Any motor vehicle, trailer, semitrailer and pole
    trailer operated interstate need not be registered in this
    State, provided:
            (a) that the vehicle is properly registered in
        another State pursuant to law or to a reciprocity
        agreement, arrangement or declaration; or
            (b) that such vehicle is part of a fleet of
        vehicles owned or operated by the same person who
        registers such fleet of vehicles pro rata among the
        various States in which such fleet operates; or
            (c) that such vehicle is part of a fleet of
        vehicles, a portion of which are registered with the
        Secretary of State of Illinois in accordance with an
        agreement or arrangement concurred in by the Secretary
        of State of Illinois based on one or more of the
        following factors: ratio of miles in Illinois as
        against total miles in all jurisdictions; situs or
        base of a vehicle, or where it is principally garaged,
        or from whence it is principally dispatched or where
        the movements of such vehicle usually originate; situs
        of the residence of the owner or operator thereof, or
        of his principal office or offices, or of his places of
        business; the routes traversed and whether regular or
        irregular routes are traversed, and the jurisdictions
        traversed and served; and such other factors as may be
        deemed material by the Secretary and the motor vehicle
        administrators of the other jurisdictions involved in
        such apportionment. Such vehicles shall maintain
        therein any reciprocity permit which may be required
        by the Secretary of State pursuant to rules and
        regulations which the Secretary of State may
        promulgate in the administration of this Code, in the
        public interest.
        (3)(a) In order to effectuate the purposes of this
    Code, the Secretary of State of Illinois is empowered to
    negotiate and execute written reciprocal agreements or
    arrangements with the duly authorized representatives of
    other jurisdictions, including States, districts,
    territories and possessions of the United States, and
    foreign states, provinces, or countries, granting to
    owners or operators of vehicles duly registered or
    licensed in such other jurisdictions and for which
    evidence of compliance is supplied, benefits, privileges
    and exemption from the payment, wholly or partially, of
    any taxes, fees or other charges imposed with respect to
    the ownership or operation of such vehicles by the laws of
    this State except the tax imposed by the Motor Fuel Tax
    Law, approved March 25, 1929, as amended, and the tax
    imposed by the Use Tax Act, approved July 14, 1955, as
    amended.
        The Secretary of State may negotiate agreements or
    arrangements as are in the best interests of this State
    and the residents of this State pursuant to the policies
    expressed in this Section taking into consideration the
    reciprocal exemptions, benefits and privileges available
    and accruing to residents of this State and vehicles
    registered in this State.
        (b) Such reciprocal agreements or arrangements shall
    provide that vehicles duly registered or licensed in this
    State when operated upon the highways of such other
    jurisdictions, shall receive exemptions, benefits and
    privileges of a similar kind or to a similar degree as
    extended to vehicles from such jurisdictions in this
    State.
        (c) Such agreements or arrangements may also authorize
    the apportionment of registration or licensing of fleets
    of vehicles operated interstate, based on any or all of
    the following factors: ratio of miles in Illinois as
    against total miles in all jurisdictions; situs or base of
    a vehicle, or where it is principally garaged or from
    whence it is principally dispatched or where the movements
    of such vehicle usually originate; situs of the residence
    of the owner or operator thereof, or of his principal
    office or offices, or of his places of business; the
    routes traversed and whether regular or irregular routes
    are traversed, and the jurisdictions traversed and served;
    and such other factors as may be deemed material by the
    Secretary and the motor vehicle administrators of the
    other jurisdictions involved in such apportionment, and
    such vehicles shall likewise be entitled to reciprocal
    exemptions, benefits and privileges.
        (d) Such agreements or arrangements shall also provide
    that vehicles being operated in intrastate commerce in
    Illinois shall comply with the registration and licensing
    laws of this State, except that vehicles which are part of
    an apportioned fleet may conduct an intrastate operation
    incidental to their interstate operations. Any motor
    vehicle properly registered and qualified under any
    reciprocal agreement or arrangement under this Code and
    not having a situs or base within Illinois may complete
    the inbound movement of a trailer or semitrailer to an
    Illinois destination that was brought into Illinois by a
    motor vehicle also properly registered and qualified under
    this Code and not having a situs or base within Illinois,
    or may complete an outbound movement of a trailer or
    semitrailer to an out-of-state destination that was
    originated in Illinois by a motor vehicle also properly
    registered and qualified under this Code and not having a
    situs or base in Illinois, only if the operator thereof
    did not break bulk of the cargo laden in such inbound or
    outbound trailer or semitrailer. Adding or unloading
    intrastate cargo on such inbound or outbound trailer or
    semitrailer shall be deemed as breaking bulk.
        (e) Such agreements or arrangements may also provide
    for the determination of the proper State in which leased
    vehicles shall be registered based on the factors set out
    in subsection (c) above and for apportionment of
    registration of fleets of leased vehicles by the lessee or
    by the lessor who leases such vehicles to persons who are
    not fleet operators.
        (f) Such agreements or arrangements may also include
    reciprocal exemptions, benefits or privileges accruing
    under The Illinois Driver Licensing Law or The Driver
    License Compact.
        (4) The Secretary of State is further authorized to
    examine the laws and requirements of other jurisdictions,
    and, in the absence of a written agreement or arrangement,
    to issue a written declaration of the extent and nature of
    the exemptions, benefits and privileges accorded to
    vehicles of this State by such other jurisdictions, and
    the extent and nature of reciprocal exemptions, benefits
    and privileges thereby accorded by this State to the
    vehicles of such other jurisdictions. A declaration by the
    Secretary of State may include any, part or all reciprocal
    exemptions, benefits and privileges or provisions as may
    be included within an agreement or arrangement.
        (5) All agreements, arrangements, declarations and
    amendments thereto, shall be in writing and become
    effective when signed by the Secretary of State, and
    copies of all such documents shall be available to the
    public upon request.
        (6) The Secretary of State is further authorized to
    require the display by foreign registered trucks,
    truck-tractors and buses, entitled to reciprocal benefits,
    exemptions or privileges hereunder, a reciprocity permit
    for external display before any such reciprocal benefits,
    exemptions or privileges are granted. The Secretary of
    State shall provide suitable application forms for such
    permit and shall promulgate and publish reasonable rules
    and regulations for the administration and enforcement of
    the provisions of this Code including a provision for
    revocation of such permit as to any vehicle operated
    wilfully in violation of the terms of any reciprocal
    agreement, arrangement or declaration or in violation of
    the Illinois Motor Carrier of Property Law, as amended.
        (7)(a) Upon the suspension, revocation or denial of
    one or more of all reciprocal benefits, privileges and
    exemptions existing pursuant to the terms and provisions
    of this Code or by virtue of a reciprocal agreement or
    arrangement or declaration thereunder; or, upon the
    suspension, revocation or denial of a reciprocity permit;
    or, upon any action or inaction of the Secretary in the
    administration and enforcement of the provisions of this
    Code, any person, resident or nonresident, so aggrieved,
    may serve upon the Secretary, a petition in writing and
    under oath, setting forth the grievance of the petitioner,
    the grounds and basis for the relief sought, and all
    necessary facts and particulars, and request an
    administrative hearing thereon. Within 20 days, the
    Secretary shall set a hearing date as early as practical.
    The Secretary may, in his discretion, supply forms for
    such a petition. The Secretary may require the payment of
    a fee of not more than $50 for the filing of any petition,
    motion, or request for hearing conducted pursuant to this
    Section. These fees must be deposited into the Secretary
    of State DUI Administration Fund, a special fund that is
    hereby created in the State treasury, and, subject to
    appropriation and as directed by the Secretary of State,
    shall be used to fund the operation of the hearings
    department of the Office of the Secretary of State and for
    no other purpose. The Secretary shall establish by rule
    the amount and the procedures, terms, and conditions
    relating to these fees.
        (b) The Secretary may likewise, in his discretion and
    upon his own petition, order a hearing, when in his best
    judgment, any person is not entitled to the reciprocal
    benefits, privileges and exemptions existing pursuant to
    the terms and provisions of this Code or under a
    reciprocal agreement or arrangement or declaration
    thereunder or that a vehicle owned or operated by such
    person is improperly registered or licensed, or that an
    Illinois resident has improperly registered or licensed a
    vehicle in another jurisdiction for the purposes of
    violating or avoiding the registration laws of this State.
        (c) The Secretary shall notify a petitioner or any
    other person involved of such a hearing, by giving at
    least 10 days notice, in writing, by U.S. Mail, Registered
    or Certified, or by personal service, at the last known
    address of such petitioner or person, specifying the time
    and place of such hearing. Such hearing shall be held
    before the Secretary, or any person as he may designate,
    and unless the parties mutually agree to some other county
    in Illinois, the hearing shall be held in the County of
    Sangamon or the County of Cook. Appropriate records of the
    hearing shall be kept, and the Secretary shall issue or
    cause to be issued, his decision on the case, within 30
    days after the close of such hearing or within 30 days
    after receipt of the transcript thereof, and a copy shall
    likewise be served or mailed to the petitioner or person
    involved.
        (d) The actions or inactions or determinations, or
    findings and decisions upon an administrative hearing, of
    the Secretary, shall be subject to judicial review in the
    Circuit Court of the County of Sangamon or the County of
    Cook, and the provisions of the Administrative Review Law,
    and all amendments and modifications thereof and rules
    adopted pursuant thereto, apply to and govern all such
    reviewable matters.
        Any reciprocal agreements or arrangements entered into
    by the Secretary of State or any declarations issued by
    the Secretary of State pursuant to any law in effect prior
    to the effective date of this Code are not hereby
    abrogated, and such shall continue in force and effect
    until amended pursuant to the provisions of this Code or
    expire pursuant to the terms or provisions thereof.
    C. Vehicles purchased out-of-state. A resident of this
State who purchases a vehicle in another state and transports
the vehicle to Illinois shall apply for registration and
certificate of title as soon as practicable, but in no event
more than 45 days after the purchase of the vehicle. If an
Illinois motorist who purchased a vehicle from an out-of-state
licensed dealer is unable to meet the 45-day deadline due to a
delay in paperwork from the seller, that motorist may obtain
an Illinois temporary registration plate with: (i) proof of
purchase; (ii) proof of meeting the Illinois driver's license
or identification card requirement; and (iii) proof that
Illinois title and registration fees have been paid. If fees
have not been paid, the motorist may pay the fees in order to
obtain the temporary registration plate. The owner of such a
vehicle shall display any temporary permit or registration
issued in accordance with Section 3-407.
(Source: P.A. 101-395, eff. 8-16-19.)
 
    (625 ILCS 5/3-407)  (from Ch. 95 1/2, par. 3-407)
    Sec. 3-407. Temporary permit or registration pending
registration.
    (a) Temporary Permit. The Secretary of State in his
discretion may grant a temporary permit or placard to operate
a vehicle for which application for registration and
certificate of title has been made where such application is
made by the holder of a valid Illinois driver's license or
identification card, or equivalent documentation, and
accompanied by the proper fee, pending action upon said
application by the Secretary of State. If the person making
the application is primarily a resident of a state other than
the State of Illinois, that person shall provide a valid
driver's license or identification card, or equivalent
documentation, of that primary state of residence, accompanied
by the proper fee, and one or more of the following: (i) proof
of ownership or lease agreement for a residence in Illinois;
(ii) proof of enrollment in an Illinois college, university,
or other institution of higher education; or (iii) proof of
active duty military status. In lieu of payment of the proper
fee, the Secretary of State may accept a bond therefor or a
certificate of deposit, in the proper amount, and in the same
form and subject to the same requirements as the payment of
such fees or taxes on an installment basis, except that the
fees or taxes due shall be payable and paid to the Secretary of
State. The design, color and format of the temporary permit or
placard shall be wholly within the discretion of the Secretary
of State.
    (b) Temporary Registration. The Secretary of State in his
discretion may issue registration plates to an owner for which
application and certificate of title has been made where such
application is accompanied by the proper fee and tax, pending
completion of the said application by the applicant and the
Secretary, subject however to rules and regulations
promulgated by the Secretary.
    (c) Revocation. A temporary permit or registration is
subject to revocation to the same extent as any other
registration.
(Source: P.A. 88-298.)

Effective Date: 1/1/2024