Bill Text: IL SB0948 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning vehicles subject to registration.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB0948 Detail]

Download: Illinois-2013-SB0948-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB0948 Introduced 1/24/2013, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
625 ILCS 5/3-402 from Ch. 95 1/2, par. 3-402
Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning vehicles subject to registration.
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A BILL FOR
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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
Section 3-402 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 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 issued to the owner or
operator affixed thereto, or that does have 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

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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 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

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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

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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

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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

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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

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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

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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

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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.

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(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.

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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.
(Source: P.A. 92-418, eff. 8-17-01; 92-651, eff. 7-11-02.)