Full Text of HB1636 100th General Assembly
HB1636 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB1636 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: | | 625 ILCS 5/3-402 | from Ch. 95 1/2, par. 3-402 |
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Amends the Illinois Vehicle Code. Makes a technical change in a
Section concerning vehicles subject to registration.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 3-402 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
and Policy. Every motor vehicle, trailer, | 9 | | semitrailer and
pole trailer when driven or moved upon a | 10 | | highway shall be subject to the
registration and certificate of | 11 | | 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 to | 14 | | 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 is | 19 | | only incidentally operated or moved
upon a highway, which | 20 | | shall include a not-for-hire movement for the purpose
of | 21 | | delivering farm commodities to a place of first processing | 22 | | 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 authorizing | 16 | | the Secretary of State to negotiate and enter into | 17 | | reciprocal
or proportional agreements or arrangements with | 18 | | 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 of | 2 | | 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 does | 6 | | not have
registration plates issued to the owner or | 7 | | operator affixed thereto, or that
does have registration | 8 | | plates issued to the owner or operator affixed thereto
but | 9 | | the plates are not appropriate for the weight of the | 10 | | vehicle, provided that
this
exemption shall apply only | 11 | | while the vehicle is being transported or operated
by a | 12 | | towing service and has a third tow plate affixed to
it.
| 13 | | B. Reciprocity. Any motor vehicle, trailer, semitrailer or | 14 | | pole trailer
need not be registered under this Code provided | 15 | | the same is operated interstate
and in accordance with the | 16 | | following provisions and any rules and regulations
promulgated | 17 | | pursuant thereto:
| 18 | | (1) A nonresident owner, except as otherwise provided | 19 | | in this Section,
owning any foreign registered vehicle of a | 20 | | type otherwise subject to
registration hereunder, may | 21 | | operate or permit the operation of such vehicle
within this | 22 | | State in interstate commerce without registering such | 23 | | vehicle
in, or paying any fees to, this State subject to | 24 | | the condition that such
vehicle at all times when operated | 25 | | in this State is operated pursuant to a
reciprocity | 26 | | agreement, arrangement or declaration by this State, and
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| 1 | | further subject to the condition that such vehicle at all | 2 | | times when
operated in this State is duly registered in, | 3 | | and displays upon it, a valid
registration card and | 4 | | registration plate or plates issued for such vehicle
in the | 5 | | place of residence of such owner and is issued and | 6 | | maintains in such
vehicle a valid Illinois reciprocity | 7 | | permit as required by the Secretary of
State, and provided | 8 | | like privileges are afforded to residents of this State
by | 9 | | the State of residence of such owner.
| 10 | | Every nonresident including any foreign corporation | 11 | | carrying on business
within this State and owning and | 12 | | regularly operating in such business any
motor vehicle, | 13 | | trailer or semitrailer within this State in intrastate | 14 | | commerce,
shall be required to register each such vehicle | 15 | | and pay the same fees therefor
as is required with | 16 | | reference to like vehicles owned by residents of this
| 17 | | State.
| 18 | | (2) Any motor vehicle, trailer, semitrailer and pole | 19 | | trailer operated
interstate need not be registered in this | 20 | | State, provided:
| 21 | | (a) that the vehicle is properly registered in | 22 | | another
State pursuant to law or to a reciprocity | 23 | | agreement, arrangement or
declaration; or
| 24 | | (b) that such vehicle is part of a fleet of | 25 | | vehicles owned or operated
by the same person who | 26 | | registers such fleet of vehicles pro rata among the
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| 1 | | various States in which such fleet operates; or
| 2 | | (c) that such vehicle is part of a fleet of | 3 | | vehicles, a portion of which
are registered with the | 4 | | Secretary of State of Illinois in accordance with
an | 5 | | agreement or arrangement concurred in by the Secretary | 6 | | of State of
Illinois based on one or more of the | 7 | | following factors: ratio of miles in
Illinois as | 8 | | against total miles in all jurisdictions; situs
or base | 9 | | of a vehicle, or where it is principally garaged, or | 10 | | from whence
it is principally dispatched or where the | 11 | | movements of such vehicle usually
originate; situs of | 12 | | the residence of the owner or operator thereof, or of
| 13 | | his principal office or offices, or of his places of | 14 | | business; the routes
traversed and whether regular or | 15 | | irregular routes are traversed, and the
jurisdictions | 16 | | traversed and served; and such other factors as may be | 17 | | deemed
material by the Secretary and the motor vehicle | 18 | | administrators of the other
jurisdictions involved in | 19 | | such apportionment. Such vehicles shall maintain | 20 | | therein any reciprocity permit
which may be required by | 21 | | the Secretary of State pursuant to rules and
| 22 | | regulations which the Secretary of State may | 23 | | promulgate in the
administration of this Code, in the | 24 | | public interest.
| 25 | | (3) (a) In order to effectuate the purposes of this | 26 | | Code, the Secretary
of State of Illinois is empowered |
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| 1 | | to negotiate and execute written reciprocal
agreements | 2 | | or arrangements with the duly authorized | 3 | | representatives of other
jurisdictions, including | 4 | | States, districts, territories and possessions
of the | 5 | | United States, and foreign states, provinces, or | 6 | | countries, granting
to owners or operators of vehicles | 7 | | duly registered or licensed in such
other | 8 | | jurisdictions and for which evidence of compliance is | 9 | | supplied,
benefits, privileges and exemption from the | 10 | | payment, wholly or partially,
of any taxes, fees or | 11 | | other charges imposed with respect to the ownership
or | 12 | | operation of such vehicles by the laws of this State | 13 | | except the tax
imposed by the Motor Fuel Tax Law, | 14 | | approved March 25, 1929, as amended, and
the tax | 15 | | imposed by the Use Tax Act, approved July 14, 1955, as | 16 | | amended.
| 17 | | The Secretary of State may negotiate agreements or | 18 | | arrangements as are in
the best interests of this State | 19 | | and the residents of this State pursuant
to the | 20 | | policies expressed in this Section taking into | 21 | | consideration the
reciprocal exemptions, benefits and | 22 | | privileges available and accruing to
residents of this | 23 | | State and vehicles registered in this State.
| 24 | | (b) Such reciprocal agreements or arrangements | 25 | | shall provide that vehicles
duly registered or | 26 | | licensed in this State when operated upon the highways
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| 1 | | of such other jurisdictions, shall receive exemptions, | 2 | | benefits and privileges
of a similar kind or to a | 3 | | similar degree as extended to vehicles from such
| 4 | | jurisdictions in this State.
| 5 | | (c) Such agreements or arrangements may also | 6 | | authorize the apportionment of
registration or | 7 | | licensing of fleets of vehicles operated interstate, | 8 | | based
on any or all of the following factors: ratio of | 9 | | miles in Illinois as against
total miles in all | 10 | | jurisdictions; situs or base of a vehicle, or where it
| 11 | | is principally garaged or from whence it is principally | 12 | | dispatched or where
the movements of such vehicle | 13 | | usually originate; situs of the residence
of the owner | 14 | | or operator thereof, or of his principal office or | 15 | | offices,
or of his places of business; the routes | 16 | | traversed and whether regular or
irregular routes are | 17 | | 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, | 21 | | and such vehicles shall likewise be entitled to | 22 | | reciprocal
exemptions, benefits and privileges.
| 23 | | (d) Such agreements or arrangements shall also | 24 | | provide that vehicles being
operated in intrastate | 25 | | commerce in Illinois shall comply with the | 26 | | registration
and licensing laws of this State, except |
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| 1 | | that vehicles which are part of
an apportioned fleet | 2 | | may conduct an intrastate operation incidental to | 3 | | their
interstate operations. Any motor vehicle | 4 | | properly registered and qualified
under any reciprocal | 5 | | agreement or arrangement under this Code and not having
| 6 | | a situs or base within Illinois may complete the | 7 | | inbound movement of a trailer
or semitrailer to an | 8 | | Illinois destination that was brought into Illinois
by | 9 | | a motor vehicle also properly registered and qualified | 10 | | under this Code
and not having a situs or base within | 11 | | Illinois, or may complete an outbound
movement of a | 12 | | trailer or semitrailer to an out-of-state destination | 13 | | that
was originated in Illinois by a motor vehicle also | 14 | | properly registered and
qualified under this Code and | 15 | | not having a situs or base in Illinois, only
if the | 16 | | operator thereof did not break bulk of the cargo laden | 17 | | in such
inbound or outbound trailer or semitrailer. | 18 | | Adding or unloading intrastate
cargo on such inbound or | 19 | | outbound trailer or semitrailer shall be deemed
as | 20 | | breaking bulk.
| 21 | | (e) Such agreements or arrangements may also | 22 | | provide for the determination
of the proper State in | 23 | | which leased vehicles shall be registered based on
the | 24 | | factors set out in subsection (c) above and for | 25 | | apportionment of
registration of fleets of leased | 26 | | vehicles by the lessee or by the lessor
who leases such |
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| 1 | | vehicles to persons who are not fleet operators.
| 2 | | (f) Such agreements or arrangements may also | 3 | | include reciprocal
exemptions, benefits or privileges | 4 | | accruing under The Illinois Driver
Licensing Law or The | 5 | | Driver License Compact.
| 6 | | (4) The Secretary of State is further authorized to | 7 | | examine the laws
and requirements of other jurisdictions, | 8 | | and, in the absence of a written
agreement or arrangement, | 9 | | to issue a written declaration of the extent and
nature of | 10 | | the exemptions, benefits and privileges accorded to | 11 | | vehicles of
this State by such other jurisdictions, and the | 12 | | extent and nature of reciprocal
exemptions, benefits and | 13 | | privileges thereby accorded by this State to the
vehicles | 14 | | of such other jurisdictions. A declaration by the Secretary | 15 | | of
State may include any, part or all reciprocal | 16 | | exemptions, benefits and
privileges or provisions as may be | 17 | | included within an agreement or arrangement.
| 18 | | (5) All agreements, arrangements, declarations and | 19 | | amendments thereto,
shall be in writing and become | 20 | | effective when signed by the Secretary of
State, and copies | 21 | | of all such documents shall be available to the public upon | 22 | | request.
| 23 | | (6) The Secretary of State is further authorized to | 24 | | require the display
by foreign registered trucks, | 25 | | truck-tractors and buses, entitled to reciprocal
benefits, | 26 | | exemptions or privileges hereunder, a reciprocity permit |
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| 1 | | for
external display before any such reciprocal benefits, | 2 | | exemptions or privileges
are granted. The Secretary of | 3 | | State shall provide suitable application forms
for such | 4 | | permit and shall promulgate and publish reasonable rules | 5 | | and
regulations for the administration and enforcement of | 6 | | the provisions of
this Code including a provision for | 7 | | revocation of such permit as to any
vehicle operated | 8 | | wilfully in violation of the terms of any reciprocal
| 9 | | agreement, arrangement or declaration or in violation
of | 10 | | the Illinois Motor Carrier of Property Law, as amended.
| 11 | | (7) (a) Upon the suspension, revocation or denial of | 12 | | one or more of all
reciprocal benefits, privileges and | 13 | | exemptions existing pursuant to the
terms and | 14 | | provisions of this Code or by virtue of a reciprocal | 15 | | agreement
or arrangement or declaration thereunder; | 16 | | or, upon the suspension, revocation
or denial of a | 17 | | reciprocity permit; or, upon any action or inaction of | 18 | | the
Secretary in the administration and enforcement of | 19 | | the provisions of this
Code, any person, resident or | 20 | | nonresident, so aggrieved, may serve upon
the | 21 | | Secretary, a petition in writing and under oath, | 22 | | setting forth the
grievance of the petitioner, the | 23 | | grounds and basis for the relief sought,
and all | 24 | | necessary facts and particulars, and request an | 25 | | administrative
hearing thereon. Within 20 days, the | 26 | | Secretary shall set a hearing date as
early as |
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| 1 | | practical. The Secretary may, in his discretion, | 2 | | supply forms for
such a petition.
The Secretary may | 3 | | require the payment of a fee of not more than $50 for | 4 | | the
filing of any petition, motion, or request for | 5 | | hearing conducted pursuant to
this Section. These fees | 6 | | must be deposited into the Secretary of State DUI
| 7 | | Administration Fund, a special fund that is hereby | 8 | | created in the State
treasury, and, subject
to | 9 | | appropriation and as directed by the Secretary of | 10 | | State, shall be used to
fund
the operation of the | 11 | | hearings department of the Office of the Secretary of
| 12 | | State
and for no other purpose. The
Secretary shall | 13 | | establish by rule the amount and the procedures, terms, | 14 | | and
conditions relating to these fees.
| 15 | | (b) The Secretary may likewise, in his discretion | 16 | | and upon his own
petition,
order a hearing, when in his | 17 | | best judgment, any person is not entitled to
the | 18 | | reciprocal benefits, privileges and exemptions | 19 | | existing pursuant to
the terms and provisions of this | 20 | | Code or under a reciprocal agreement or
arrangement or | 21 | | declaration thereunder or that a vehicle owned or | 22 | | operated
by such person is improperly registered or | 23 | | licensed, or that an Illinois
resident has improperly | 24 | | registered or licensed a vehicle in another
| 25 | | jurisdiction for the purposes of violating or avoiding | 26 | | the registration
laws of this State.
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| 1 | | (c) The Secretary shall notify a petitioner or any | 2 | | other person involved
of such a hearing, by giving at | 3 | | least 10 days notice, in writing, by U.S.
Mail, | 4 | | Registered or Certified, or by personal service, at the | 5 | | last known
address of such petitioner or person, | 6 | | specifying the time and place of such
hearing. Such | 7 | | hearing shall be held before the Secretary, or any | 8 | | person
as he may designate, and unless the parties | 9 | | mutually agree to some other
county in Illinois, the | 10 | | hearing shall be held in the County of Sangamon
or the | 11 | | County of Cook. Appropriate records of the hearing | 12 | | shall be kept,
and the Secretary shall issue or cause | 13 | | to be issued, his decision on the
case, within 30 days | 14 | | after the close of such hearing or within 30 days after
| 15 | | receipt of the transcript thereof, and a copy shall | 16 | | likewise be served or
mailed to the petitioner or | 17 | | person involved.
| 18 | | (d) The actions or inactions or determinations, or | 19 | | findings and decisions
upon an administrative hearing, | 20 | | of the Secretary, shall be subject to judicial
review | 21 | | in the Circuit Court of the County of Sangamon or the | 22 | | County of Cook,
and the provisions of the | 23 | | Administrative Review Law,
and all amendments and | 24 | | modifications thereof and rules adopted pursuant
| 25 | | thereto, apply to and govern all such reviewable | 26 | | matters.
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| 1 | | Any reciprocal agreements or arrangements entered | 2 | | into by the Secretary
of State or any declarations | 3 | | issued by the Secretary of State pursuant to
any law in | 4 | | effect prior to the effective date of this Code are not | 5 | | hereby
abrogated, and such shall continue in force and | 6 | | effect until amended pursuant
to the provisions of this | 7 | | Code or expire pursuant to the terms or provisions
| 8 | | thereof.
| 9 | | (Source: P.A. 92-418, eff. 8-17-01; 92-651, eff. 7-11-02.)
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