Bill Text: IL HB3876 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0209 [HB3876 Detail]

Download: Illinois-2023-HB3876-Enrolled.html

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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;

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(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

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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

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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

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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.

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(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

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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

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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

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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

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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,

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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

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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.

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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

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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

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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.)