State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]

91_HB1972eng

 
HB1972 Engrossed                               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 Counci.
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.
 
HB1972 Engrossed            -2-                LRB9105702KSpr
 1    To  the  extent  practicable  and   consistent   with   other
 2    requirements  of  this  Act, the Board and the Director shall
 3    give preference to project proposals that:
 4             (1)  provide for the greatest number  of  compatible
 5        recreational  purposes  including,  but  not  limited to,
 6        those described under  the  definition  of  "recreational
 7        trail" in Section 10;
 8             (2)  provide   for   innovative  recreational  trail
 9        corridor sharing to  accommodate  motorized  recreational
10        trail use; or
11             (3)  provide for seasonal designation of trails.
12    (Source: P.A. 90-287, eff. 1-1-98.)

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

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

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