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