State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]

91_HB1972enr

 
HB1972 Enrolled                                LRB9105702KSpr

 1        AN ACT concerning off-highway vehicles.

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

 4        Section  5.   The  Recreational Trails of Illinois Act is
 5    amended by changing Sections 20 and 45 as follows:

 6        (20 ILCS 862/20)
 7        Sec. 20. State Off-Highway Vehicle Trails Advisory Board.
 8        (a)  There  is  created  the  State  Off-Highway  Vehicle
 9    Trails Advisory Board. The Board shall consist of 5  members,
10    one  from each of the following organizations, except for the
11    Illinois off-road riders and all-terrain vehicle clubs, which
12    shall  have  2  members,  appointed  by  the  Director   from
13    nominations submitted by the following organizations:
14             (1)  The  Department  of  Natural Resources, to vote
15        only in the case of a tie.
16             (2)  (Blank)  The   National   Off-Highway   Vehicle
17        Conservation Council.
18             (3)  The American Motorcycle Association.
19             (4)  ABATE of Illinois.
20             (5)  Illinois   off-road   riders   and  all-terrain
21        vehicle clubs.
22        The  length  of  terms  of  members  shall  be  2  years,
23    beginning on January 1 and ending on December 31.  The  Board
24    shall  meet  beginning  in  January  of 1998.  Procedures for
25    conduct of the Board's business shall be established  by  the
26    Department  by  rule.  Two members of the Board shall also be
27    members of the Department's Illinois Trails Advisory Board.
28        (b)  The  Board  shall  evaluate  and  recommend  to  the
29    Director recreational trail projects for  funding  consistent
30    with  the purposes set forth in subsection (b) of Section 15.
31    To  the  extent  practicable  and   consistent   with   other
 
HB1972 Enrolled             -2-                LRB9105702KSpr
 1    requirements  of  this  Act, the Board and the Director shall
 2    give preference to project proposals that:
 3             (1)  provide for the greatest number  of  compatible
 4        recreational  purposes  including,  but  not  limited to,
 5        those described under  the  definition  of  "recreational
 6        trail" in Section 10;
 7             (2)  provide   for   innovative  recreational  trail
 8        corridor sharing to  accommodate  motorized  recreational
 9        trail use; or
10             (3)  provide for seasonal designation of trails.
11    (Source: P.A. 90-287, eff. 1-1-98.)

12        (20 ILCS 862/45)
13        Sec. 45.  Public access sticker.
14        (a)  Except  as provided in subsection (b), after January
15    1, 1998, a person may not operate and an owner may  not  give
16    permission  to  another  to operate an off-highway vehicle on
17    land or lands or waters in public off-highway  vehicle  parks
18    paid  for,  operated,  or  supported  by  the  grant  program
19    established  under  subsection  (d)  of Section 15 unless the
20    off-highway vehicle displays an  off-highway  vehicle  public
21    access  sticker  in  a manner prescribed by the Department by
22    rule on the rear fender or bumper of the off-highway vehicle.
23        (b)  An off-highway vehicle does not need a public access
24    sticker if the off-highway vehicle is used on private land or
25    if the off-highway vehicle is owned by the State, the federal
26    government, or a unit of local government.
27        (c)  The  Department  shall  issue  the   public   access
28    stickers and shall charge the following fees:
29             (1)  $30 for 3 years for individuals.
30             (2)  $50 for 3 years for rental units.
31             (3)  $75  for  3  years  for dealer and manufacturer
32        demonstrations and research.
33             (4)  $50 for 3 years for an all-terrain  vehicle  or
 
HB1972 Enrolled             -3-                LRB9105702KSpr
 1        off-highway  motorcycle  used for production agriculture,
 2        as defined in Section 3-821 of the Illinois Vehicle Code.
 3        
 4             (5)  $50 for 3 years for residents of a State  other
 5        than  Illinois  that does not have a reciprocal agreement
 6        with the Department, pursuant to subsection (d).
 7             (6)  $50 for 3 years for an all-terrain  vehicle  or
 8        off-highway motorcycle that does not have a title.
 9    The  Department, by administrative rule, may make replacement
10    stickers available at a reduced cost. These fees  for  public
11    access  stickers  shall  be  deposited  into  the Off-Highway
12    Vehicle Trails Fund.
13        The Department shall not issue a public access sticker to
14    an all-terrain vehicle or  off-highway  motorcycle  used  for
15    production  agriculture,  as  defined in Section 3-821 of the
16    Illinois Vehicle Code.
17        (d)  The  Department  is   authorized   to   enter   into
18    reciprocal  agreements  with other states that have a similar
19    off-highway vehicle public access sticker  program  to  allow
20    residents  of  such states to operate off-highway vehicles on
21    land or lands or waters in public off-highway  vehicle  parks
22    paid  for,  operated,  or  supported  by  the  grant  program
23    established  under  subsection  (d)  of  Section  15  without
24    acquiring  an  off-highway  vehicle  public access sticker in
25    this State pursuant to subsection (a).
26        (e)  The  Department  may   license   vendors   to   sell
27    off-highway vehicle public access stickers.  Issuing fees may
28    be set by administrative rule.
29        (f)  The  Department  is  authorized to modify any or all
30    provisions of this Section 45 by rule.
31    (Source: P.A. 90-287, eff. 1-1-98.)

32        Section 10.  The Illinois  Vehicle  Code  is  amended  by
33    changing Sections 3-102 and 3-821 as follows:
 
HB1972 Enrolled             -4-                LRB9105702KSpr
 1        (625 ILCS 5/3-102) (from Ch. 95 1/2, par. 3-102)
 2        Sec. 3-102.  Exclusions.
 3        No certificate of title need be obtained for:
 4        1.  A  vehicle  owned  by  the  State  of  Illinois; or a
 5    vehicle owned by the United States unless it is registered in
 6    this State;
 7        2.  A vehicle owned by a manufacturer or dealer and  held
 8    for  sale,  even  though incidentally moved on the highway or
 9    used for purposes of testing  or  demonstration,  provided  a
10    dealer   reassignment   area   is   still  available  on  the
11    manufacturer's certificate of origin or the  Illinois  title;
12    or a vehicle used by a manufacturer solely for testing;
13        3.  A  vehicle  owned by a non-resident of this State and
14    not required by law to be registered in this State;
15        4.  A motor vehicle regularly engaged in  the  interstate
16    transportation  of  persons or property for which a currently
17    effective certificate of title has  been  issued  in  another
18    State;
19        5.  A vehicle moved solely by animal power;
20        6.  An implement of husbandry;
21        7.  Special mobile equipment;
22        8.  An   apportionable   trailer   or   an  apportionable
23    semitrailer registered in the State prior to April 1, 1998.
24    (Source: P.A. 89-710, eff. 2-14-97.)

25        (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
26        Sec. 3-821. Miscellaneous Registration and Title Fees.
27        (a)  The fee to be paid to the Secretary of State for the
28    following certificates, registrations or evidences of  proper
29    registration,  or  for corrected or duplicate documents shall
30    be in accordance with the following schedule:
31        Certificate of Title, except for an all-terrain
32    vehicle or off-highway motorcycle                         $13
33        Certificate of Title for an all-terrain vehicle
 
HB1972 Enrolled             -5-                LRB9105702KSpr
 1    or off-highway motorcycle                                  30
 2        Certificate of Title for an all-terrain  vehicle
 3    or   off-highway   motorcycle  used  for  production
 4    agriculture, or accepted by a dealer in trade              13
 5        Transfer of Registration or any evidence of
 6    proper registration                                        12
 7        Duplicate Registration Card for plates or  other
 8    evidence of proper registration                             2
 9        Duplicate Registration Sticker or Stickers, each        4
10        Duplicate Certificate of Title                         13
11        Corrected  Registration  Card  or Card for other
12    evidence of proper registration                             2
13        Corrected Certificate of Title                         13
14        Salvage Certificate                                     3
15        Fleet Reciprocity Permit                               12
16        Prorate Decal                                           1
17        Prorate Backing Plate                                   2
18        There shall be no fee paid for a Junking Certificate.
19        (b)  The Secretary  may  prescribe  the  maximum  service
20    charge  to  be  imposed  upon  an  applicant for renewal of a
21    registration by any person authorized by law to  receive  and
22    remit  or  transmit to the Secretary such renewal application
23    and fees therewith.
24        (c)  If a  check  is  delivered  to  the  Office  of  the
25    Secretary  of  State as  payment of any fee or tax under this
26    Code, and such check is not honored by the bank on  which  it
27    is  drawn  for  any  reason,  the  registrant or other person
28    tendering the check remains liable for the  payment  of  such
29    fee  or  tax.  The  Secretary  of  State may assess a service
30    charge of $15 in addition to the fee or tax due and owing for
31    all dishonored checks.
32        If the total amount then due and owing  exceeds  the  sum
33    of  $50 and has not been paid in full within 60 days from the
34    date such fee or tax became due to the  Secretary  of  State,
 
HB1972 Enrolled             -6-                LRB9105702KSpr
 1    the Secretary of State shall assess  a penalty of 25% of such
 2    amount remaining unpaid.
 3        All  amounts payable under this Section shall be computed
 4    to the nearest dollar.
 5        (d)  The minimum fee and tax to be paid by any  applicant
 6    for  apportionment  of  a  fleet  of vehicles under this Code
 7    shall be $12 if the application was filed on  or  before  the
 8    date  specified by the Secretary together with fees and taxes
 9    due.  If an application and the fees or taxes due  are  filed
10    after  the date specified by the Secretary, the Secretary may
11    prescribe the payment of interest at the rate of  1/2  of  1%
12    per  month  or  fraction  thereof  after  such due date and a
13    minimum of $6.
14        (e)  Trucks, truck tractors, truck tractors  with  loads,
15    and  motor  buses,  any  one of which having a combined total
16    weight in excess of 12,000 lbs. shall file an application for
17    a Fleet Reciprocity Permit issued by the Secretary of  State.
18    This  permit  shall  be  in  the  possession  of  any  driver
19    operating  a  vehicle  on  Illinois  highways.   Any  foreign
20    licensed vehicle of the second division operating at any time
21    in  Illinois  without  a  Fleet  Reciprocity  Permit or other
22    proper Illinois registration, shall subject the  operator  to
23    the  penalties  provided  in Section 3-834 of this Code.  For
24    the purposes of this Code, "Fleet Reciprocity  Permit"  means
25    any  second division motor vehicle with a foreign license and
26    used only in interstate transportation of goods.  The fee for
27    such permit shall be $12 per fleet which  shall  include  all
28    vehicles of the fleet being registered.
29        (f)  For  purposes  of this Section, "all-terrain vehicle
30    or off-highway motorcycle used  for  production  agriculture"
31    means  any all-terrain vehicle or off-highway motorcycle used
32    in the raising of or the propagation of livestock, crops  for
33    sale  for human consumption, crops for livestock consumption,
34    and production seed stock grown for the propagation  of  feed
 
HB1972 Enrolled             -7-                LRB9105702KSpr
 1    grains  and  the  husbandry  of animals or for the purpose of
 2    providing a food product, including the  husbandry  of  blood
 3    stock   as  a  main  source  of  providing  a  food  product.
 4    "All-terrain  vehicle  or  off-highway  motorcycle  used   in
 5    production agriculture" also means any all-terrain vehicle or
 6    off-highway    motorcycle    used    in   animal   husbandry,
 7    floriculture, aquaculture, horticulture, and viticulture.
 8    (Source: P.A. 90-287, eff. 1-1-98; 90-774, eff. 8-14-98.)

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