103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3876
 
Introduced 2/17/2023, by Rep. Angelica Guerrero-Cuellar
 
SYNOPSIS AS INTRODUCED:
 

 
    
625 ILCS 5/3-402  from Ch. 95 1/2, par. 3-402
625 ILCS 5/3-407  from Ch. 95 1/2, par. 3-407

     Amends the Illinois Vehicle Code. Provides that a resident of this State who purchases a vehicle in another state and transports the vehicle to Illinois shall apply make an application for registration and certificate of title as soon as practicable, but in no event less than 45 days after the purchase of the vehicle. Provides that the owner of such a vehicle shall display any temporary permit or registration issued in accordance with  the provisions of the Code. Restricts the issuance of a temporary registration permit to the holder of a valid Illinois driver's license.
  


LRB103 05102 HEP 50116 b

 
 
A BILL FOR
 

  
HB3876LRB103 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 
 
 
HB3876- 9 -LRB103 05102 HEP 50116 b

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, 
 
 
HB3876- 11 -LRB103 05102 HEP 50116 b

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 
 
 
HB3876- 12 -LRB103 05102 HEP 50116 b

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    D. 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 make an application for 
4registration and certificate of title as soon as practicable, 
5but in no event less than 45 days after the purchase of the 
6vehicle. The owner of such a vehicle shall display any 
7temporary permit or registration issued in accordance with 
8Section 3-407. 
9(Source: P.A. 101-395, eff. 8-16-19.)

 



10    (625 ILCS 5/3-407)  (from Ch. 95 1/2, par. 3-407)



11    Sec. 3-407. Temporary permit or registration pending 
12registration. 

13    (a) Temporary Permit. The Secretary of State in his 
14discretion may
grant a temporary permit or placard to operate 
15a vehicle for which
application for
registration and 
16certificate of title has been made where such application
is 
17made by the holder of a valid Illinois driver's license and 
18accompanied by the proper fee, pending action upon said 
19application by
the Secretary of State. In lieu of payment of 
20the proper fee, the Secretary
of State may accept a bond 
21therefor or a certificate of deposit, in the
proper amount, 
22and in the same form and subject to the same requirements as

23the payment of such fees or taxes on an installment basis, 
24except that the
fees or taxes due shall be payable and paid to 
25the Secretary of State.  The
design, color and format of the 
 
 
HB3876- 14 -LRB103 05102 HEP 50116 b

1temporary permit or placard shall be wholly
within the 
2discretion of the Secretary of State. 

3    (b) Temporary Registration. The Secretary of State in his 
4discretion may
issue registration plates to an owner for which 
5application and certificate
of title has been made where such 
6application is accompanied by the proper
fee and tax, pending 
7completion of the said application by the applicant
and the 
8Secretary, subject however to rules and regulations 
9promulgated by
the Secretary.

10    (c) Revocation. A temporary permit or registration is 
11subject to
revocation to the same extent as any other 
12registration.

13(Source: P.A. 88-298.)