Illinois 2023-2024 Regular Session

Illinois House Bill HB3876 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0209
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3	2		HB3876 Enrolled LRB103 05102 HEP 50116 b
4		-	AN ACT concerning transportation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Vehicle Code is amended by
8		-	changing Sections 3-402 and 3-407 as follows:
9		-	(625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402)
10		-	Sec. 3-402. Vehicles subject to registration; exceptions.
11		-	A. Exemptions and Policy. Every motor vehicle, trailer,
12		-	semitrailer and pole trailer when driven or moved upon a
13		-	highway shall be subject to the registration and certificate
14		-	of title provisions of this Chapter except:
15		-	(1) Any such vehicle driven or moved upon a highway in
16		-	conformance with the provisions of this Chapter relating
17		-	to manufacturers, transporters, dealers, lienholders or
18		-	nonresidents or under a temporary registration permit
19		-	issued by the Secretary of State;
20		-	(2) Any implement of husbandry whether of a type
21		-	otherwise subject to registration hereunder or not which
22		-	is only incidentally operated or moved upon a highway,
23		-	which shall include a not-for-hire movement for the
24		-	purpose of delivering farm commodities to a place of first
25		-	processing or sale, or to a place of storage;
26		-	(3) Any special mobile equipment as herein defined;
	3	+	1 AN ACT concerning transportation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Vehicle Code is amended by
	7	+	5 changing Sections 3-402 and 3-407 as follows:
	8	+	6 (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402)
	9	+	7 Sec. 3-402. Vehicles subject to registration; exceptions.
	10	+	8 A. Exemptions and Policy. Every motor vehicle, trailer,
	11	+	9 semitrailer and pole trailer when driven or moved upon a
	12	+	10 highway shall be subject to the registration and certificate
	13	+	11 of title provisions of this Chapter except:
	14	+	12 (1) Any such vehicle driven or moved upon a highway in
	15	+	13 conformance with the provisions of this Chapter relating
	16	+	14 to manufacturers, transporters, dealers, lienholders or
	17	+	15 nonresidents or under a temporary registration permit
	18	+	16 issued by the Secretary of State;
	19	+	17 (2) Any implement of husbandry whether of a type
	20	+	18 otherwise subject to registration hereunder or not which
	21	+	19 is only incidentally operated or moved upon a highway,
	22	+	20 which shall include a not-for-hire movement for the
	23	+	21 purpose of delivering farm commodities to a place of first
	24	+	22 processing or sale, or to a place of storage;
	25	+	23 (3) Any special mobile equipment as herein defined;
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33		-	(4) Any vehicle which is propelled exclusively by
34		-	electric power obtained from overhead trolley wires though
35		-	not operated upon rails;
36		-	(5) Any vehicle which is equipped and used exclusively
37		-	as a pumper, ladder truck, rescue vehicle, searchlight
38		-	truck, or other fire apparatus, but not a vehicle of a type
39		-	which would otherwise be subject to registration as a
40		-	vehicle of the first division;
41		-	(6) Any vehicle which is owned and operated by the
42		-	federal government and externally displays evidence of
43		-	federal ownership. It is the policy of the State of
44		-	Illinois to promote and encourage the fullest use of its
45		-	highways and to enhance the flow of commerce thus
46		-	contributing to the economic, agricultural, industrial and
47		-	social growth and development of this State, by
48		-	authorizing the Secretary of State to negotiate and enter
49		-	into reciprocal or proportional agreements or arrangements
50		-	with other States, or to issue declarations setting forth
51		-	reciprocal exemptions, benefits and privileges with
52		-	respect to vehicles operated interstate which are properly
53		-	registered in this and other States, assuring nevertheless
54		-	proper registration of vehicles in Illinois as may be
55		-	required by this Code;
56		-	(7) Any converter dolly or tow dolly which merely
57		-	serves as substitute wheels for another legally licensed
58		-	vehicle. A title may be issued on a voluntary basis to a
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	34	+	1 (4) Any vehicle which is propelled exclusively by
	35	+	2 electric power obtained from overhead trolley wires though
	36	+	3 not operated upon rails;
	37	+	4 (5) Any vehicle which is equipped and used exclusively
	38	+	5 as a pumper, ladder truck, rescue vehicle, searchlight
	39	+	6 truck, or other fire apparatus, but not a vehicle of a type
	40	+	7 which would otherwise be subject to registration as a
	41	+	8 vehicle of the first division;
	42	+	9 (6) Any vehicle which is owned and operated by the
	43	+	10 federal government and externally displays evidence of
	44	+	11 federal ownership. It is the policy of the State of
	45	+	12 Illinois to promote and encourage the fullest use of its
	46	+	13 highways and to enhance the flow of commerce thus
	47	+	14 contributing to the economic, agricultural, industrial and
	48	+	15 social growth and development of this State, by
	49	+	16 authorizing the Secretary of State to negotiate and enter
	50	+	17 into reciprocal or proportional agreements or arrangements
	51	+	18 with other States, or to issue declarations setting forth
	52	+	19 reciprocal exemptions, benefits and privileges with
	53	+	20 respect to vehicles operated interstate which are properly
	54	+	21 registered in this and other States, assuring nevertheless
	55	+	22 proper registration of vehicles in Illinois as may be
	56	+	23 required by this Code;
	57	+	24 (7) Any converter dolly or tow dolly which merely
	58	+	25 serves as substitute wheels for another legally licensed
	59	+	26 vehicle. A title may be issued on a voluntary basis to a
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61		-	tow dolly upon receipt of the manufacturer's certificate
62		-	of origin or the bill of sale;
63		-	(8) Any house trailer found to be an abandoned mobile
64		-	home under the Abandoned Mobile Home Act;
65		-	(9) Any vehicle that is not properly registered or
66		-	does not have registration plates or digital registration
67		-	plates issued to the owner or operator affixed thereto, or
68		-	that does have registration plates or digital registration
69		-	plates issued to the owner or operator affixed thereto but
70		-	the plates are not appropriate for the weight of the
71		-	vehicle, provided that this exemption shall apply only
72		-	while the vehicle is being transported or operated by a
73		-	towing service and has a third tow plate affixed to it.
74		-	B. Reciprocity. Any motor vehicle, trailer, semitrailer or
75		-	pole trailer need not be registered under this Code provided
76		-	the same is operated interstate and in accordance with the
77		-	following provisions and any rules and regulations promulgated
78		-	pursuant thereto:
79		-	(1) A nonresident owner, except as otherwise provided
80		-	in this Section, owning any foreign registered vehicle of
81		-	a type otherwise subject to registration hereunder, may
82		-	operate or permit the operation of such vehicle within
83		-	this State in interstate commerce without registering such
84		-	vehicle in, or paying any fees to, this State subject to
85		-	the condition that such vehicle at all times when operated
86		-	in this State is operated pursuant to a reciprocity
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88	63
89		-	agreement, arrangement or declaration by this State, and
90		-	further subject to the condition that such vehicle at all
91		-	times when operated in this State is duly registered in,
92		-	and displays upon it, a valid registration card and
93		-	registration plate or plates or digital registration plate
94		-	or plates issued for such vehicle in the place of
95		-	residence of such owner and is issued and maintains in
96		-	such vehicle a valid Illinois reciprocity permit as
97		-	required by the Secretary of State, and provided like
98		-	privileges are afforded to residents of this State by the
99		-	State of residence of such owner.
100		-	Every nonresident including any foreign corporation
101		-	carrying on business within this State and owning and
102		-	regularly operating in such business any motor vehicle,
103		-	trailer or semitrailer within this State in intrastate
104		-	commerce, shall be required to register each such vehicle
105		-	and pay the same fees therefor as is required with
106		-	reference to like vehicles owned by residents of this
107		-	State.
108		-	(2) Any motor vehicle, trailer, semitrailer and pole
109		-	trailer operated interstate need not be registered in this
110		-	State, provided:
111		-	(a) that the vehicle is properly registered in
112		-	another State pursuant to law or to a reciprocity
113		-	agreement, arrangement or declaration; or
114		-	(b) that such vehicle is part of a fleet of
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117		-	vehicles owned or operated by the same person who
118		-	registers such fleet of vehicles pro rata among the
119		-	various States in which such fleet operates; or
120		-	(c) that such vehicle is part of a fleet of
121		-	vehicles, a portion of which are registered with the
122		-	Secretary of State of Illinois in accordance with an
123		-	agreement or arrangement concurred in by the Secretary
124		-	of State of Illinois based on one or more of the
125		-	following factors: ratio of miles in Illinois as
126		-	against total miles in all jurisdictions; situs or
127		-	base of a vehicle, or where it is principally garaged,
128		-	or from whence it is principally dispatched or where
129		-	the movements of such vehicle usually originate; situs
130		-	of the residence of the owner or operator thereof, or
131		-	of his principal office or offices, or of his places of
132		-	business; the routes traversed and whether regular or
133		-	irregular routes are traversed, and the jurisdictions
134		-	traversed and served; and such other factors as may be
135		-	deemed material by the Secretary and the motor vehicle
136		-	administrators of the other jurisdictions involved in
137		-	such apportionment. Such vehicles shall maintain
138		-	therein any reciprocity permit which may be required
139		-	by the Secretary of State pursuant to rules and
140		-	regulations which the Secretary of State may
141		-	promulgate in the administration of this Code, in the
142		-	public interest.
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	70	+	1 tow dolly upon receipt of the manufacturer's certificate
	71	+	2 of origin or the bill of sale;
	72	+	3 (8) Any house trailer found to be an abandoned mobile
	73	+	4 home under the Abandoned Mobile Home Act;
	74	+	5 (9) Any vehicle that is not properly registered or
	75	+	6 does not have registration plates or digital registration
	76	+	7 plates issued to the owner or operator affixed thereto, or
	77	+	8 that does have registration plates or digital registration
	78	+	9 plates issued to the owner or operator affixed thereto but
	79	+	10 the plates are not appropriate for the weight of the
	80	+	11 vehicle, provided that this exemption shall apply only
	81	+	12 while the vehicle is being transported or operated by a
	82	+	13 towing service and has a third tow plate affixed to it.
	83	+	14 B. Reciprocity. Any motor vehicle, trailer, semitrailer or
	84	+	15 pole trailer need not be registered under this Code provided
	85	+	16 the same is operated interstate and in accordance with the
	86	+	17 following provisions and any rules and regulations promulgated
	87	+	18 pursuant thereto:
	88	+	19 (1) A nonresident owner, except as otherwise provided
	89	+	20 in this Section, owning any foreign registered vehicle of
	90	+	21 a type otherwise subject to registration hereunder, may
	91	+	22 operate or permit the operation of such vehicle within
	92	+	23 this State in interstate commerce without registering such
	93	+	24 vehicle in, or paying any fees to, this State subject to
	94	+	25 the condition that such vehicle at all times when operated
	95	+	26 in this State is operated pursuant to a reciprocity
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145		-	(3)(a) In order to effectuate the purposes of this
146		-	Code, the Secretary of State of Illinois is empowered to
147		-	negotiate and execute written reciprocal agreements or
148		-	arrangements with the duly authorized representatives of
149		-	other jurisdictions, including States, districts,
150		-	territories and possessions of the United States, and
151		-	foreign states, provinces, or countries, granting to
152		-	owners or operators of vehicles duly registered or
153		-	licensed in such other jurisdictions and for which
154		-	evidence of compliance is supplied, benefits, privileges
155		-	and exemption from the payment, wholly or partially, of
156		-	any taxes, fees or other charges imposed with respect to
157		-	the ownership or operation of such vehicles by the laws of
158		-	this State except the tax imposed by the Motor Fuel Tax
159		-	Law, approved March 25, 1929, as amended, and the tax
160		-	imposed by the Use Tax Act, approved July 14, 1955, as
161		-	amended.
162		-	The Secretary of State may negotiate agreements or
163		-	arrangements as are in the best interests of this State
164		-	and the residents of this State pursuant to the policies
165		-	expressed in this Section taking into consideration the
166		-	reciprocal exemptions, benefits and privileges available
167		-	and accruing to residents of this State and vehicles
168		-	registered in this State.
169		-	(b) Such reciprocal agreements or arrangements shall
170		-	provide that vehicles duly registered or licensed in this
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173		-	State when operated upon the highways of such other
174		-	jurisdictions, shall receive exemptions, benefits and
175		-	privileges of a similar kind or to a similar degree as
176		-	extended to vehicles from such jurisdictions in this
177		-	State.
178		-	(c) Such agreements or arrangements may also authorize
179		-	the apportionment of registration or licensing of fleets
180		-	of vehicles operated interstate, based on any or all of
181		-	the following factors: ratio of miles in Illinois as
182		-	against total miles in all jurisdictions; situs or base of
183		-	a vehicle, or where it is principally garaged or from
184		-	whence it is principally dispatched or where the movements
185		-	of such vehicle usually originate; situs of the residence
186		-	of the owner or operator thereof, or of his principal
187		-	office or offices, or of his places of business; the
188		-	routes traversed and whether regular or irregular routes
189		-	are traversed, and the jurisdictions traversed and served;
190		-	and such other factors as may be deemed material by the
191		-	Secretary and the motor vehicle administrators of the
192		-	other jurisdictions involved in such apportionment, and
193		-	such vehicles shall likewise be entitled to reciprocal
194		-	exemptions, benefits and privileges.
195		-	(d) Such agreements or arrangements shall also provide
196		-	that vehicles being operated in intrastate commerce in
197		-	Illinois shall comply with the registration and licensing
198		-	laws of this State, except that vehicles which are part of
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201		-	an apportioned fleet may conduct an intrastate operation
202		-	incidental to their interstate operations. Any motor
203		-	vehicle properly registered and qualified under any
204		-	reciprocal agreement or arrangement under this Code and
205		-	not having a situs or base within Illinois may complete
206		-	the inbound movement of a trailer or semitrailer to an
207		-	Illinois destination that was brought into Illinois by a
208		-	motor vehicle also properly registered and qualified under
209		-	this Code and not having a situs or base within Illinois,
210		-	or may complete an outbound movement of a trailer or
211		-	semitrailer to an out-of-state destination that was
212		-	originated in Illinois by a motor vehicle also properly
213		-	registered and qualified under this Code and not having a
214		-	situs or base in Illinois, only if the operator thereof
215		-	did not break bulk of the cargo laden in such inbound or
216		-	outbound trailer or semitrailer. Adding or unloading
217		-	intrastate cargo on such inbound or outbound trailer or
218		-	semitrailer shall be deemed as breaking bulk.
219		-	(e) Such agreements or arrangements may also provide
220		-	for the determination of the proper State in which leased
221		-	vehicles shall be registered based on the factors set out
222		-	in subsection (c) above and for apportionment of
223		-	registration of fleets of leased vehicles by the lessee or
224		-	by the lessor who leases such vehicles to persons who are
225		-	not fleet operators.
226		-	(f) Such agreements or arrangements may also include
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	106	+	1 agreement, arrangement or declaration by this State, and
	107	+	2 further subject to the condition that such vehicle at all
	108	+	3 times when operated in this State is duly registered in,
	109	+	4 and displays upon it, a valid registration card and
	110	+	5 registration plate or plates or digital registration plate
	111	+	6 or plates issued for such vehicle in the place of
	112	+	7 residence of such owner and is issued and maintains in
	113	+	8 such vehicle a valid Illinois reciprocity permit as
	114	+	9 required by the Secretary of State, and provided like
	115	+	10 privileges are afforded to residents of this State by the
	116	+	11 State of residence of such owner.
	117	+	12 Every nonresident including any foreign corporation
	118	+	13 carrying on business within this State and owning and
	119	+	14 regularly operating in such business any motor vehicle,
	120	+	15 trailer or semitrailer within this State in intrastate
	121	+	16 commerce, shall be required to register each such vehicle
	122	+	17 and pay the same fees therefor as is required with
	123	+	18 reference to like vehicles owned by residents of this
	124	+	19 State.
	125	+	20 (2) Any motor vehicle, trailer, semitrailer and pole
	126	+	21 trailer operated interstate need not be registered in this
	127	+	22 State, provided:
	128	+	23 (a) that the vehicle is properly registered in
	129	+	24 another State pursuant to law or to a reciprocity
	130	+	25 agreement, arrangement or declaration; or
	131	+	26 (b) that such vehicle is part of a fleet of
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229		-	reciprocal exemptions, benefits or privileges accruing
230		-	under The Illinois Driver Licensing Law or The Driver
231		-	License Compact.
232		-	(4) The Secretary of State is further authorized to
233		-	examine the laws and requirements of other jurisdictions,
234		-	and, in the absence of a written agreement or arrangement,
235		-	to issue a written declaration of the extent and nature of
236		-	the exemptions, benefits and privileges accorded to
237		-	vehicles of this State by such other jurisdictions, and
238		-	the extent and nature of reciprocal exemptions, benefits
239		-	and privileges thereby accorded by this State to the
240		-	vehicles of such other jurisdictions. A declaration by the
241		-	Secretary of State may include any, part or all reciprocal
242		-	exemptions, benefits and privileges or provisions as may
243		-	be included within an agreement or arrangement.
244		-	(5) All agreements, arrangements, declarations and
245		-	amendments thereto, shall be in writing and become
246		-	effective when signed by the Secretary of State, and
247		-	copies of all such documents shall be available to the
248		-	public upon request.
249		-	(6) The Secretary of State is further authorized to
250		-	require the display by foreign registered trucks,
251		-	truck-tractors and buses, entitled to reciprocal benefits,
252		-	exemptions or privileges hereunder, a reciprocity permit
253		-	for external display before any such reciprocal benefits,
254		-	exemptions or privileges are granted. The Secretary of
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257		-	State shall provide suitable application forms for such
258		-	permit and shall promulgate and publish reasonable rules
259		-	and regulations for the administration and enforcement of
260		-	the provisions of this Code including a provision for
261		-	revocation of such permit as to any vehicle operated
262		-	wilfully in violation of the terms of any reciprocal
263		-	agreement, arrangement or declaration or in violation of
264		-	the Illinois Motor Carrier of Property Law, as amended.
265		-	(7)(a) Upon the suspension, revocation or denial of
266		-	one or more of all reciprocal benefits, privileges and
267		-	exemptions existing pursuant to the terms and provisions
268		-	of this Code or by virtue of a reciprocal agreement or
269		-	arrangement or declaration thereunder; or, upon the
270		-	suspension, revocation or denial of a reciprocity permit;
271		-	or, upon any action or inaction of the Secretary in the
272		-	administration and enforcement of the provisions of this
273		-	Code, any person, resident or nonresident, so aggrieved,
274		-	may serve upon the Secretary, a petition in writing and
275		-	under oath, setting forth the grievance of the petitioner,
276		-	the grounds and basis for the relief sought, and all
277		-	necessary facts and particulars, and request an
278		-	administrative hearing thereon. Within 20 days, the
279		-	Secretary shall set a hearing date as early as practical.
280		-	The Secretary may, in his discretion, supply forms for
281		-	such a petition. The Secretary may require the payment of
282		-	a fee of not more than $50 for the filing of any petition,
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285		-	motion, or request for hearing conducted pursuant to this
286		-	Section. These fees must be deposited into the Secretary
287		-	of State DUI Administration Fund, a special fund that is
288		-	hereby created in the State treasury, and, subject to
289		-	appropriation and as directed by the Secretary of State,
290		-	shall be used to fund the operation of the hearings
291		-	department of the Office of the Secretary of State and for
292		-	no other purpose. The Secretary shall establish by rule
293		-	the amount and the procedures, terms, and conditions
294		-	relating to these fees.
295		-	(b) The Secretary may likewise, in his discretion and
296		-	upon his own petition, order a hearing, when in his best
297		-	judgment, any person is not entitled to the reciprocal
298		-	benefits, privileges and exemptions existing pursuant to
299		-	the terms and provisions of this Code or under a
300		-	reciprocal agreement or arrangement or declaration
301		-	thereunder or that a vehicle owned or operated by such
302		-	person is improperly registered or licensed, or that an
303		-	Illinois resident has improperly registered or licensed a
304		-	vehicle in another jurisdiction for the purposes of
305		-	violating or avoiding the registration laws of this State.
306		-	(c) The Secretary shall notify a petitioner or any
307		-	other person involved of such a hearing, by giving at
308		-	least 10 days notice, in writing, by U.S. Mail, Registered
309		-	or Certified, or by personal service, at the last known
310		-	address of such petitioner or person, specifying the time
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	142	+	1 vehicles owned or operated by the same person who
	143	+	2 registers such fleet of vehicles pro rata among the
	144	+	3 various States in which such fleet operates; or
	145	+	4 (c) that such vehicle is part of a fleet of
	146	+	5 vehicles, a portion of which are registered with the
	147	+	6 Secretary of State of Illinois in accordance with an
	148	+	7 agreement or arrangement concurred in by the Secretary
	149	+	8 of State of Illinois based on one or more of the
	150	+	9 following factors: ratio of miles in Illinois as
	151	+	10 against total miles in all jurisdictions; situs or
	152	+	11 base of a vehicle, or where it is principally garaged,
	153	+	12 or from whence it is principally dispatched or where
	154	+	13 the movements of such vehicle usually originate; situs
	155	+	14 of the residence of the owner or operator thereof, or
	156	+	15 of his principal office or offices, or of his places of
	157	+	16 business; the routes traversed and whether regular or
	158	+	17 irregular routes are traversed, and the jurisdictions
	159	+	18 traversed and served; and such other factors as may be
	160	+	19 deemed material by the Secretary and the motor vehicle
	161	+	20 administrators of the other jurisdictions involved in
	162	+	21 such apportionment. Such vehicles shall maintain
	163	+	22 therein any reciprocity permit which may be required
	164	+	23 by the Secretary of State pursuant to rules and
	165	+	24 regulations which the Secretary of State may
	166	+	25 promulgate in the administration of this Code, in the
	167	+	26 public interest.
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312	169
313		-	and place of such hearing. Such hearing shall be held
314		-	before the Secretary, or any person as he may designate,
315		-	and unless the parties mutually agree to some other county
316		-	in Illinois, the hearing shall be held in the County of
317		-	Sangamon or the County of Cook. Appropriate records of the
318		-	hearing shall be kept, and the Secretary shall issue or
319		-	cause to be issued, his decision on the case, within 30
320		-	days after the close of such hearing or within 30 days
321		-	after receipt of the transcript thereof, and a copy shall
322		-	likewise be served or mailed to the petitioner or person
323		-	involved.
324		-	(d) The actions or inactions or determinations, or
325		-	findings and decisions upon an administrative hearing, of
326		-	the Secretary, shall be subject to judicial review in the
327		-	Circuit Court of the County of Sangamon or the County of
328		-	Cook, and the provisions of the Administrative Review Law,
329		-	and all amendments and modifications thereof and rules
330		-	adopted pursuant thereto, apply to and govern all such
331		-	reviewable matters.
332		-	Any reciprocal agreements or arrangements entered into
333		-	by the Secretary of State or any declarations issued by
334		-	the Secretary of State pursuant to any law in effect prior
335		-	to the effective date of this Code are not hereby
336		-	abrogated, and such shall continue in force and effect
337		-	until amended pursuant to the provisions of this Code or
338		-	expire pursuant to the terms or provisions thereof.
339	170
340	171
341		-	C. Vehicles purchased out-of-state. A resident of this
342		-	State who purchases a vehicle in another state and transports
343		-	the vehicle to Illinois shall apply for registration and
344		-	certificate of title as soon as practicable, but in no event
345		-	more than 45 days after the purchase of the vehicle. If an
346		-	Illinois motorist who purchased a vehicle from an out-of-state
347		-	licensed dealer is unable to meet the 45-day deadline due to a
348		-	delay in paperwork from the seller, that motorist may obtain
349		-	an Illinois temporary registration plate with: (i) proof of
350		-	purchase; (ii) proof of meeting the Illinois driver's license
351		-	or identification card requirement; and (iii) proof that
352		-	Illinois title and registration fees have been paid. If fees
353		-	have not been paid, the motorist may pay the fees in order to
354		-	obtain the temporary registration plate. The owner of such a
355		-	vehicle shall display any temporary permit or registration
356		-	issued in accordance with Section 3-407.
357		-	(Source: P.A. 101-395, eff. 8-16-19.)
358		-	(625 ILCS 5/3-407) (from Ch. 95 1/2, par. 3-407)
359		-	Sec. 3-407. Temporary permit or registration pending
360		-	registration.
361		-	(a) Temporary Permit. The Secretary of State in his
362		-	discretion may grant a temporary permit or placard to operate
363		-	a vehicle for which application for registration and
364		-	certificate of title has been made where such application is
365		-	made by the holder of a valid Illinois driver's license or
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366	174
367	175
368		-	identification card, or equivalent documentation, and
369		-	accompanied by the proper fee, pending action upon said
370		-	application by the Secretary of State. If the person making
371		-	the application is primarily a resident of a state other than
372		-	the State of Illinois, that person shall provide a valid
373		-	driver's license or identification card, or equivalent
374		-	documentation, of that primary state of residence, accompanied
375		-	by the proper fee, and one or more of the following: (i) proof
376		-	of ownership or lease agreement for a residence in Illinois;
377		-	(ii) proof of enrollment in an Illinois college, university,
378		-	or other institution of higher education; or (iii) proof of
379		-	active duty military status. In lieu of payment of the proper
380		-	fee, the Secretary of State may accept a bond therefor or a
381		-	certificate of deposit, in the proper amount, and in the same
382		-	form and subject to the same requirements as the payment of
383		-	such fees or taxes on an installment basis, except that the
384		-	fees or taxes due shall be payable and paid to the Secretary of
385		-	State. The design, color and format of the temporary permit or
386		-	placard shall be wholly within the discretion of the Secretary
387		-	of State.
388		-	(b) Temporary Registration. The Secretary of State in his
389		-	discretion may issue registration plates to an owner for which
390		-	application and certificate of title has been made where such
391		-	application is accompanied by the proper fee and tax, pending
392		-	completion of the said application by the applicant and the
393		-	Secretary, subject however to rules and regulations
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	178	+	1 (3)(a) In order to effectuate the purposes of this
	179	+	2 Code, the Secretary of State of Illinois is empowered to
	180	+	3 negotiate and execute written reciprocal agreements or
	181	+	4 arrangements with the duly authorized representatives of
	182	+	5 other jurisdictions, including States, districts,
	183	+	6 territories and possessions of the United States, and
	184	+	7 foreign states, provinces, or countries, granting to
	185	+	8 owners or operators of vehicles duly registered or
	186	+	9 licensed in such other jurisdictions and for which
	187	+	10 evidence of compliance is supplied, benefits, privileges
	188	+	11 and exemption from the payment, wholly or partially, of
	189	+	12 any taxes, fees or other charges imposed with respect to
	190	+	13 the ownership or operation of such vehicles by the laws of
	191	+	14 this State except the tax imposed by the Motor Fuel Tax
	192	+	15 Law, approved March 25, 1929, as amended, and the tax
	193	+	16 imposed by the Use Tax Act, approved July 14, 1955, as
	194	+	17 amended.
	195	+	18 The Secretary of State may negotiate agreements or
	196	+	19 arrangements as are in the best interests of this State
	197	+	20 and the residents of this State pursuant to the policies
	198	+	21 expressed in this Section taking into consideration the
	199	+	22 reciprocal exemptions, benefits and privileges available
	200	+	23 and accruing to residents of this State and vehicles
	201	+	24 registered in this State.
	202	+	25 (b) Such reciprocal agreements or arrangements shall
	203	+	26 provide that vehicles duly registered or licensed in this
394	204
395	205
396		-	promulgated by the Secretary.
397		-	(c) Revocation. A temporary permit or registration is
398		-	subject to revocation to the same extent as any other
399		-	registration.
400		-	(Source: P.A. 88-298.)
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	214	+	1 State when operated upon the highways of such other
	215	+	2 jurisdictions, shall receive exemptions, benefits and
	216	+	3 privileges of a similar kind or to a similar degree as
	217	+	4 extended to vehicles from such jurisdictions in this
	218	+	5 State.
	219	+	6 (c) Such agreements or arrangements may also authorize
	220	+	7 the apportionment of registration or licensing of fleets
	221	+	8 of vehicles operated interstate, based on any or all of
	222	+	9 the following factors: ratio of miles in Illinois as
	223	+	10 against total miles in all jurisdictions; situs or base of
	224	+	11 a vehicle, or where it is principally garaged or from
	225	+	12 whence it is principally dispatched or where the movements
	226	+	13 of such vehicle usually originate; situs of the residence
	227	+	14 of the owner or operator thereof, or of his principal
	228	+	15 office or offices, or of his places of business; the
	229	+	16 routes traversed and whether regular or irregular routes
	230	+	17 are traversed, and the jurisdictions traversed and served;
	231	+	18 and such other factors as may be deemed material by the
	232	+	19 Secretary and the motor vehicle administrators of the
	233	+	20 other jurisdictions involved in such apportionment, and
	234	+	21 such vehicles shall likewise be entitled to reciprocal
	235	+	22 exemptions, benefits and privileges.
	236	+	23 (d) Such agreements or arrangements shall also provide
	237	+	24 that vehicles being operated in intrastate commerce in
	238	+	25 Illinois shall comply with the registration and licensing
	239	+	26 laws of this State, except that vehicles which are part of
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	250	+	1 an apportioned fleet may conduct an intrastate operation
	251	+	2 incidental to their interstate operations. Any motor
	252	+	3 vehicle properly registered and qualified under any
	253	+	4 reciprocal agreement or arrangement under this Code and
	254	+	5 not having a situs or base within Illinois may complete
	255	+	6 the inbound movement of a trailer or semitrailer to an
	256	+	7 Illinois destination that was brought into Illinois by a
	257	+	8 motor vehicle also properly registered and qualified under
	258	+	9 this Code and not having a situs or base within Illinois,
	259	+	10 or may complete an outbound movement of a trailer or
	260	+	11 semitrailer to an out-of-state destination that was
	261	+	12 originated in Illinois by a motor vehicle also properly
	262	+	13 registered and qualified under this Code and not having a
	263	+	14 situs or base in Illinois, only if the operator thereof
	264	+	15 did not break bulk of the cargo laden in such inbound or
	265	+	16 outbound trailer or semitrailer. Adding or unloading
	266	+	17 intrastate cargo on such inbound or outbound trailer or
	267	+	18 semitrailer shall be deemed as breaking bulk.
	268	+	19 (e) Such agreements or arrangements may also provide
	269	+	20 for the determination of the proper State in which leased
	270	+	21 vehicles shall be registered based on the factors set out
	271	+	22 in subsection (c) above and for apportionment of
	272	+	23 registration of fleets of leased vehicles by the lessee or
	273	+	24 by the lessor who leases such vehicles to persons who are
	274	+	25 not fleet operators.
	275	+	26 (f) Such agreements or arrangements may also include
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	286	+	1 reciprocal exemptions, benefits or privileges accruing
	287	+	2 under The Illinois Driver Licensing Law or The Driver
	288	+	3 License Compact.
	289	+	4 (4) The Secretary of State is further authorized to
	290	+	5 examine the laws and requirements of other jurisdictions,
	291	+	6 and, in the absence of a written agreement or arrangement,
	292	+	7 to issue a written declaration of the extent and nature of
	293	+	8 the exemptions, benefits and privileges accorded to
	294	+	9 vehicles of this State by such other jurisdictions, and
	295	+	10 the extent and nature of reciprocal exemptions, benefits
	296	+	11 and privileges thereby accorded by this State to the
	297	+	12 vehicles of such other jurisdictions. A declaration by the
	298	+	13 Secretary of State may include any, part or all reciprocal
	299	+	14 exemptions, benefits and privileges or provisions as may
	300	+	15 be included within an agreement or arrangement.
	301	+	16 (5) All agreements, arrangements, declarations and
	302	+	17 amendments thereto, shall be in writing and become
	303	+	18 effective when signed by the Secretary of State, and
	304	+	19 copies of all such documents shall be available to the
	305	+	20 public upon request.
	306	+	21 (6) The Secretary of State is further authorized to
	307	+	22 require the display by foreign registered trucks,
	308	+	23 truck-tractors and buses, entitled to reciprocal benefits,
	309	+	24 exemptions or privileges hereunder, a reciprocity permit
	310	+	25 for external display before any such reciprocal benefits,
	311	+	26 exemptions or privileges are granted. The Secretary of
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	322	+	1 State shall provide suitable application forms for such
	323	+	2 permit and shall promulgate and publish reasonable rules
	324	+	3 and regulations for the administration and enforcement of
	325	+	4 the provisions of this Code including a provision for
	326	+	5 revocation of such permit as to any vehicle operated
	327	+	6 wilfully in violation of the terms of any reciprocal
	328	+	7 agreement, arrangement or declaration or in violation of
	329	+	8 the Illinois Motor Carrier of Property Law, as amended.
	330	+	9 (7)(a) Upon the suspension, revocation or denial of
	331	+	10 one or more of all reciprocal benefits, privileges and
	332	+	11 exemptions existing pursuant to the terms and provisions
	333	+	12 of this Code or by virtue of a reciprocal agreement or
	334	+	13 arrangement or declaration thereunder; or, upon the
	335	+	14 suspension, revocation or denial of a reciprocity permit;
	336	+	15 or, upon any action or inaction of the Secretary in the
	337	+	16 administration and enforcement of the provisions of this
	338	+	17 Code, any person, resident or nonresident, so aggrieved,
	339	+	18 may serve upon the Secretary, a petition in writing and
	340	+	19 under oath, setting forth the grievance of the petitioner,
	341	+	20 the grounds and basis for the relief sought, and all
	342	+	21 necessary facts and particulars, and request an
	343	+	22 administrative hearing thereon. Within 20 days, the
	344	+	23 Secretary shall set a hearing date as early as practical.
	345	+	24 The Secretary may, in his discretion, supply forms for
	346	+	25 such a petition. The Secretary may require the payment of
	347	+	26 a fee of not more than $50 for the filing of any petition,
	348	+
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	358	+	1 motion, or request for hearing conducted pursuant to this
	359	+	2 Section. These fees must be deposited into the Secretary
	360	+	3 of State DUI Administration Fund, a special fund that is
	361	+	4 hereby created in the State treasury, and, subject to
	362	+	5 appropriation and as directed by the Secretary of State,
	363	+	6 shall be used to fund the operation of the hearings
	364	+	7 department of the Office of the Secretary of State and for
	365	+	8 no other purpose. The Secretary shall establish by rule
	366	+	9 the amount and the procedures, terms, and conditions
	367	+	10 relating to these fees.
	368	+	11 (b) The Secretary may likewise, in his discretion and
	369	+	12 upon his own petition, order a hearing, when in his best
	370	+	13 judgment, any person is not entitled to the reciprocal
	371	+	14 benefits, privileges and exemptions existing pursuant to
	372	+	15 the terms and provisions of this Code or under a
	373	+	16 reciprocal agreement or arrangement or declaration
	374	+	17 thereunder or that a vehicle owned or operated by such
	375	+	18 person is improperly registered or licensed, or that an
	376	+	19 Illinois resident has improperly registered or licensed a
	377	+	20 vehicle in another jurisdiction for the purposes of
	378	+	21 violating or avoiding the registration laws of this State.
	379	+	22 (c) The Secretary shall notify a petitioner or any
	380	+	23 other person involved of such a hearing, by giving at
	381	+	24 least 10 days notice, in writing, by U.S. Mail, Registered
	382	+	25 or Certified, or by personal service, at the last known
	383	+	26 address of such petitioner or person, specifying the time
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	394	+	1 and place of such hearing. Such hearing shall be held
	395	+	2 before the Secretary, or any person as he may designate,
	396	+	3 and unless the parties mutually agree to some other county
	397	+	4 in Illinois, the hearing shall be held in the County of
	398	+	5 Sangamon or the County of Cook. Appropriate records of the
	399	+	6 hearing shall be kept, and the Secretary shall issue or
	400	+	7 cause to be issued, his decision on the case, within 30
	401	+	8 days after the close of such hearing or within 30 days
	402	+	9 after receipt of the transcript thereof, and a copy shall
	403	+	10 likewise be served or mailed to the petitioner or person
	404	+	11 involved.
	405	+	12 (d) The actions or inactions or determinations, or
	406	+	13 findings and decisions upon an administrative hearing, of
	407	+	14 the Secretary, shall be subject to judicial review in the
	408	+	15 Circuit Court of the County of Sangamon or the County of
	409	+	16 Cook, and the provisions of the Administrative Review Law,
	410	+	17 and all amendments and modifications thereof and rules
	411	+	18 adopted pursuant thereto, apply to and govern all such
	412	+	19 reviewable matters.
	413	+	20 Any reciprocal agreements or arrangements entered into
	414	+	21 by the Secretary of State or any declarations issued by
	415	+	22 the Secretary of State pursuant to any law in effect prior
	416	+	23 to the effective date of this Code are not hereby
	417	+	24 abrogated, and such shall continue in force and effect
	418	+	25 until amended pursuant to the provisions of this Code or
	419	+	26 expire pursuant to the terms or provisions thereof.
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	430	+	1 C. Vehicles purchased out-of-state. A resident of this
	431	+	2 State who purchases a vehicle in another state and transports
	432	+	3 the vehicle to Illinois shall apply for registration and
	433	+	4 certificate of title as soon as practicable, but in no event
	434	+	5 more than 45 days after the purchase of the vehicle. If an
	435	+	6 Illinois motorist who purchased a vehicle from an out-of-state
	436	+	7 licensed dealer is unable to meet the 45-day deadline due to a
	437	+	8 delay in paperwork from the seller, that motorist may obtain
	438	+	9 an Illinois temporary registration plate with: (i) proof of
	439	+	10 purchase; (ii) proof of meeting the Illinois driver's license
	440	+	11 or identification card requirement; and (iii) proof that
	441	+	12 Illinois title and registration fees have been paid. If fees
	442	+	13 have not been paid, the motorist may pay the fees in order to
	443	+	14 obtain the temporary registration plate. The owner of such a
	444	+	15 vehicle shall display any temporary permit or registration
	445	+	16 issued in accordance with Section 3-407.
	446	+	17 (Source: P.A. 101-395, eff. 8-16-19.)
	447	+	18 (625 ILCS 5/3-407) (from Ch. 95 1/2, par. 3-407)
	448	+	19 Sec. 3-407. Temporary permit or registration pending
	449	+	20 registration.
	450	+	21 (a) Temporary Permit. The Secretary of State in his
	451	+	22 discretion may grant a temporary permit or placard to operate
	452	+	23 a vehicle for which application for registration and
	453	+	24 certificate of title has been made where such application is
	454	+	25 made by the holder of a valid Illinois driver's license or
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	465	+	1 identification card, or equivalent documentation, and
	466	+	2 accompanied by the proper fee, pending action upon said
	467	+	3 application by the Secretary of State. If the person making
	468	+	4 the application is primarily a resident of a state other than
	469	+	5 the State of Illinois, that person shall provide a valid
	470	+	6 driver's license or identification card, or equivalent
	471	+	7 documentation, of that primary state of residence, accompanied
	472	+	8 by the proper fee, and one or more of the following: (i) proof
	473	+	9 of ownership or lease agreement for a residence in Illinois;
	474	+	10 (ii) proof of enrollment in an Illinois college, university,
	475	+	11 or other institution of higher education; or (iii) proof of
	476	+	12 active duty military status. In lieu of payment of the proper
	477	+	13 fee, the Secretary of State may accept a bond therefor or a
	478	+	14 certificate of deposit, in the proper amount, and in the same
	479	+	15 form and subject to the same requirements as the payment of
	480	+	16 such fees or taxes on an installment basis, except that the
	481	+	17 fees or taxes due shall be payable and paid to the Secretary of
	482	+	18 State. The design, color and format of the temporary permit or
	483	+	19 placard shall be wholly within the discretion of the Secretary
	484	+	20 of State.
	485	+	21 (b) Temporary Registration. The Secretary of State in his
	486	+	22 discretion may issue registration plates to an owner for which
	487	+	23 application and certificate of title has been made where such
	488	+	24 application is accompanied by the proper fee and tax, pending
	489	+	25 completion of the said application by the applicant and the
	490	+	26 Secretary, subject however to rules and regulations
	491	+
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	501	+	1 promulgated by the Secretary.
	502	+	2 (c) Revocation. A temporary permit or registration is
	503	+	3 subject to revocation to the same extent as any other
	504	+	4 registration.
	505	+	5 (Source: P.A. 88-298.)
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