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92_HB4974
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
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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
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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-away driveaway decal permit 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-away driveaway
8 decal permit 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
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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
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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
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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
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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
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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
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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.
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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-away driveaway decal permit 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-away driveaway decal permit 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
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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
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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
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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
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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
29 5 days. 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
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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
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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
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1 stickers and drive-away driveway decal permits.
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-away driveway decal permit issued
29 pursuant to this Code shall be firmly attached to the inside
30 windshield of the motor vehicle in the such a manner
31 prescribed by the Secretary of State. that it cannot be
32 removed without being destroyed. If a drive-away permit is
33 such decal permits are affixed to a motor vehicle in any
34 other manner the permit shall be void and of no effect.
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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-away driveaway decal
18 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 State endorsing the date of sale on a driveaway decal
27 permit containing the dealer's name, address and license
28 number and by affixing the permit decal to such vehicle in
29 the manner prescribed by the Secretary of State in Section
30 3-413. Any vehicle being operated pursuant to a drive-away
31 driveaway decal permit may not be used for any other purpose
32 and such permits shall be effective only for a period of 7 10
33 days from the date of sale.
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1 (b) Any dealer may make application to the Secretary of
2 State upon the appropriate form for drive-away driveaway
3 decal permits 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-away driveaway decal permit 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-away driveaway decal permits 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
26 driveaway decal permits 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
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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-away driveaway decal or 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-away Driveaway decals and other permits
29 - Fees.
30 (a) Dealers may obtain drive-away driveaway decal
31 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
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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
4 driveaway decal permit 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.