HB1768eng 95TH GENERAL ASSEMBLY

HB1768 Engrossed LRB095 09882 HLH 30093 b

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Recreational Trails of Illinois Act is amended by changing Section 45 as follows:

(20 ILCS 862/45)

Sec. 45. Public access sticker.

(a) Except as provided in subsection (b), after January 1, 1998, a person may not operate and an owner may not give permission to another to operate an off-highway vehicle on land or lands or waters in public off-highway vehicle parks paid for, operated, or supported by the grant program established under subsection (d) of Section 15 unless the off-highway vehicle displays an off-highway vehicle public access sticker in a manner prescribed by the Department by rule.

(b) An off-highway vehicle does not need a public access sticker if the off-highway vehicle is used on private land or if the off-highway vehicle is owned by the State, the federal government, or a unit of local government.

(c) The Department shall issue the public access stickers and shall charge the following fees:

(1) $30 for 3 years for individuals.

(2) $50 for 3 years for rental units.

(3) $75 for 3 years for dealer and manufacturer demonstrations and research.

(4) $50 for 3 years for an all-terrain vehicle or off-highway motorcycle used for production agriculture, as defined in Section 3-821 of the Illinois Vehicle Code.

(5) $50 for 3 years for residents of a State other than Illinois that does not have a reciprocal agreement with the Department, pursuant to subsection (d).

(6) $50 for 3 years for an all-terrain vehicle or off-highway motorcycle that does not have a title.

The Department, by administrative rule, may make replacement stickers available at a reduced cost. These fees for public access stickers shall be deposited into the Off-Highway Vehicle Trails Fund.

(d) The Department is authorized to enter into reciprocal agreements with other states that have a similar off-highway vehicle public access sticker program to allow residents of such states to operate off-highway vehicles on land or lands or waters in public off-highway vehicle parks paid for, operated, or supported by the grant program established under subsection (d) of Section 15 without acquiring an off-highway vehicle public access sticker in this State pursuant to subsection (a).

(e) The Department may license vendors to sell off-highway vehicle public access stickers. Issuing fees may be set by administrative rule.

(f) Any person participating in an organized competitive event on land or lands in off-highway vehicle parks paid for, operated by, or supported by the grant program established in subsection (d) of Section 15 shall display the public access sticker required under subsection (c) of this Section or pay $5 per event. Fees collected under this subsection shall be deposited into the Fund.

(g) The Department is authorized to modify any or all provisions of this Section 45 by rule.

(h) Any person not in compliance with this Section shall be guilty of a petty offense punishable by a fine of not more than $250 for the first offense and $500 for a subsequent offense. Any fines collected under this subsection shall be deposited into the Off-Highway Vehicle Trails Fund.

(Source: P.A. 91-441, eff. 1-1-00; 92-134, eff. 7-24-01.)