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92_SB0448enr SB448 Enrolled LRB9203238TAcs 1 AN ACT concerning snowmobile registration and safety. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Snowmobile Registration and Safety Act is 5 amended by changing Sections 3-2, 3-5, 3-8, 3-9, 3-11, 5-3, 6 6-1, and 9-2 as follows: 7 (625 ILCS 40/3-2) (from Ch. 95 1/2, par. 603-2) 8 Sec. 3-2. Identification Number Application. The owner 9 of each snowmobile requiring numbering by this State shall 10 file an application for number with the Department on forms 11 approved by it. The application shall be signed by the owner 12 of the snowmobile and shall be accompanied by a fee of $18 13$12. When a snowmobile dealer sells a snowmobile the dealer 14 shall, at the time of sale, require the buyer to complete an 15 application for the registration certificate, collect the 16 required fee and mail the application and fee to the 17 Department no later than 14 days after the date of sale. 18 Combination application-receipt forms shall be provided by 19 the Department and the dealer shall furnish the buyer with 20 the completed receipt showing that application for 21 registration has been made. This completed receipt shall be 22 in the possession of the user of the snowmobile until the 23 registration certificate is received. No snowmobile dealer 24 may charge an additional fee to the buyer for performing this 25 service required under this subsection. However, no 26 purchaser exempted under Section 3-11 of this Act shall be 27 charged any fee or be subject to the other requirements of 28 this Section. The application form shall so state in clear 29 language the requirements of this Section and the penalty for 30 violation near the place on the application form provided for 31 indicating the intention to register in another jurisdiction. SB448 Enrolled -2- LRB9203238TAcs 1 Each dealer shall maintain, for one year, a record in a form 2 prescribed by the Department for each snowmobile sold. These 3 records shall be open to inspection by the Department. Upon 4 receipt of the application in approved form the Department 5 shall enter the same upon the records of its office and issue 6 to the applicant a certificate of number stating the number 7 awarded to the snowmobile and the name and address of the 8 owner. 9 (Source: P.A. 84-151; 84-973.) 10 (625 ILCS 40/3-5) (from Ch. 95 1/2, par. 603-5) 11 Sec. 3-5. Transfer of Identification Number. The 12 purchaser of a snowmobile shall, within 15 days after 13 acquiring same, make application to the Department for the 14 transfer to him of the certificate of number issued to the 15 snowmobile, giving his name, his address and the number of 16 the snowmobile. The purchaser shall apply for a 17 transfer-renewal for a fee of $18$12for approximately 3 18 years. All transfers will bear September 30 expiration dates 19 in the calendar year of expiration. Upon receipt of the 20 application and fee, the Department shall transfer the 21 certificate of number issued to the snowmobile to the new 22 owner. Unless the application is made and fee paid within 30 23 days, the snowmobile shall be deemed to be without 24 certificate of number and it shall be unlawful for any person 25 to operate the snowmobile until the certificate is issued. 26 (Source: P.A. 87-1109.) 27 (625 ILCS 40/3-8) (from Ch. 95 1/2, par. 603-8) 28 Sec. 3-8. Certificate of Number. Every certificate of 29 number awarded under this Act shall continue in full force 30 and effect for approximately 3 years unless sooner terminated 31 or discontinued in accordance with this Act. All new 32 certificates issued will bear September 30 expiration dates SB448 Enrolled -3- LRB9203238TAcs 1 in the calendar year 3 years after the issuing date. 2 Provided however, that the Department may, for purposes of 3 implementing this Section, adopt rules for phasing in the 4 issuance of new certificates and provide for 1, 2 or 3 year 5 expiration dates and pro-rated payments or charges for each 6 registration. 7 All certificates shall be renewed for 3 years from the 8 nearest September 30 for a fee of $18$12. All certificates 9 will be considered invalid after October 15 of the year of 10 expiration. All certificates expiring in a given year shall 11 be renewed between April 1 and September 30 of that year, in 12 order to allow sufficient time for processing. 13 The Department shall issue "registration expiration 14 decals" with all new certificates of number, all certificates 15 of number transferred and renewed, and all certificates of 16 number renewed. The decals issued for each year shall be of a 17 different and distinct color from the decals of each year 18 currently displayed. The decals shall be affixed to each side 19 of the cowling of the snowmobile in the manner prescribed by 20 the rules and regulations of the Department. The Department 21 shall fix a day and month of the year on which certificates 22 of number due to expire shall lapse and no longer be of any 23 force and effect unless renewed pursuant to this Act. 24 No number or registration expiration decal, except a 25 sticker or number which may be required by a political 26 subdivision,ormunicipality, or stateof this State, other 27 than the registration expiration decal issued to a snowmobile 28 or granted reciprocity pursuant to this Act, shall be 29 painted, attached, or otherwise displayed on either side of 30 the cowling of such snowmobile. 31 A dealer engaged in the manufacture, sale, or leasing of 32 snowmobiles required to be numbered hereunder, upon 33 application to the Department upon forms prescribed by it, 34 may obtain certificates of number for use in the testing or SB448 Enrolled -4- LRB9203238TAcs 1 demonstrating of such snowmobiles upon payment of $18$12for 2 each registration. Certificates of number so issued may be 3 used by the applicant in the testing or demonstrating of 4 snowmobiles by temporary placement of the registration 5 expiration decals assigned by such certificates on the 6 snowmobile so tested or demonstrated. 7 (Source: P.A. 84-151; 84-973.) 8 (625 ILCS 40/3-9) (from Ch. 95 1/2, par. 603-9) 9 Sec. 3-9. Registration List. 10 A snowmobile registration list may be furnished for 11 official use at no charge only to such federal, state, county 12 and municipal enforcement agencies as may require such data. 13 A snowmobile registration list may be furnished, at the cost 14 of reproduction, to statewide not-for-profit Illinois 15 snowmobile organizations for use only with educational 16 programs. 17 (Source: P.A. 77-1312.) 18 (625 ILCS 40/3-11) (from Ch. 95 1/2, par. 603-11) 19 Sec. 3-11. Exception from numbering provisions of this 20 Act.) A snowmobile shall not be required to be numbered 21 under this Act if it is: 22 A. Owned and used by the United States, another state, 23 or a political subdivision thereof, but such snowmobiles 24 shall display the name of the owner on the cowling thereof. 25 B. Covered by a valid registration or license of another 26 state, province or country which is the domicile of the owner 27 of the snowmobile and is not operated within this State on 28 more than 30 consecutive days in any calendar year. 29 C. Owned and operated on lands owned by the owner or 30 operator or on lands to which he has a contractual right 31 other than as a member of a club or association, provided the 32 snowmobile is not operated elsewhere within the state. SB448 Enrolled -5- LRB9203238TAcs 1 D. Used only on international or national competition 2 circuits in events for which written permission has been 3 obtained by the sponsoring or sanctioning body from the 4 governmental unit having jurisdiction over the location of 5 any event held in this State. 6 E. Owned by persons domiciled in Illinois but used 7 entirely in another jurisdiction when such owner has complied 8 with the provisions of Section 3-2 of this Act. 9 F. Designed for use by small children primarily as a toy 10 and used only on private property and not on any public use 11 trail. 12 (Source: P.A. 81-702.) 13 (625 ILCS 40/5-3) (from Ch. 95 1/2, par. 605-3) 14 Sec. 5-3. Youthful Operators. 15 A. No person under 10 years of age may operate a 16 snowmobile, other than machines designed for use by small 17 children primarily as a toy and used only on private property 18 and not on any public use trail. 19 B. Persons at least 10 and less than 12 years of age 20 may operate a snowmobile only if they are either accompanied 21 on the snowmobile by a parent or guardian or a person at 22 least 18 years of age designated by a parent or guardian. 23 C. Persons at least 12 and less than 16 years of age may 24 operate a snowmobile only if they are either accompanied on 25 the snowmobile by a parent or guardian or a person at least 26 16 years of age designated by a parent or guardian, or such 27 operator is in possession of a certificate issued by the 28 Department authorizing the holder to operate snowmobiles. 29 D. Any person who operates a snowmobile on a highway as 30 provided in Section 5-2 shall (1) possess a valid motor 31 vehicle driver's license; or (2) possess a safety certificate 32 as provided for in this Section. Any such person less than 16 33 years of age shall also be under the immediate supervision of SB448 Enrolled -6- LRB9203238TAcs 1 a parent or guardian or a person at least 18 years of age 2 designated by the parent or guardian. 3 E. Violations of this Section done with the knowledge of 4 a parent or guardian shall be deemed a violation by the 5 parent or guardian and punishable under Article X of this 6 Act. 7 F. The department shall establish a program of 8 instruction on snowmobile laws, regulations, safety and 9 related subjects. It is unlawful for any person under 16 10 years of age to operate a snowmobile on a public highway in 11 this State. The program shall be conducted by instructors 12 certified by the department. The department may procure 13 liability insurance coverage for certified instructors for 14 work within the scope of their duties under this section. 15 Persons satisfactorily completing this program shall receive 16 certification from the department. The department may charge 17 each person who enrolls in the course an instruction fee of 18 $2.50. If a fee is authorized by the department, the 19 department shall authorize instructors conducting such 20 courses meeting standards established by it to retain $1 of 21 the fee to defray expenses incurred locally to operate the 22 program. The remaining $1.50 of the fee shall be retained by 23 the department to defray a part of its expenses incurred to 24 operate the safety and accident reporting program. A person 25 over the age of 12 years but under the age of 16 years who 26 holds a valid certificate issued by another state or province 27 of the Dominion of Canada need not obtain a certificate from 28 the department if the course content of the program in such 29 other state or province substantially meets that established 30 by the department under this section. A certificate issued by 31 the Department, or by another State or a province of the 32 Dominion of Canada, shall not constitute a valid motor 33 vehicle operator's license for the purpose of this Section. 34 (Source: P.A. 85-293.) SB448 Enrolled -7- LRB9203238TAcs 1 (625 ILCS 40/6-1) (from Ch. 95 1/2, par. 606-1) 2 Sec. 6-1. Collisions, accidents, and casualties; reports. 3 A. The operator of a snowmobile involved in a collision, 4 accident, or other casualty, shall render to other persons 5 affected by this collision, accident, or other casualty such 6 assistance as may be practicable and as may be necessary in 7 order to save them from or minimize any danger caused by the 8 collision, accident, or other casualty, and also shall give 9 his name, address, and identification of his snowmobile to 10 any person injured and to the owner of any property damaged 11 in the collision, accident, or other casualty. 12 B. In the case of collision, accident, or other casualty 13 involving the operation of a snowmobile, the operator 14 thereof, if the collision, accident, or other casualty 15 results in death or injury to a person or damage to property 16 in excess of $750$100, shall file with the Department a full 17 description of the collision, accident, or other casualty, 18 including such information as the Department may, by 19 regulation, require. Reports of such accidents must be filed 20 with the Department on a Department Accident Report form 21 within 5 days. 22 C. Reports of accidents resulting in personal injury, 23 wherein a person is incapacitated for a period exceeding 72 24 hours, must be filed with the Department on a Department 25 Accident Report form within 5 days. Accidents which result in 26 loss of life shall be reported to the Department on a 27 Department form within 48 hours. 28 D. All required accident reports and supplemental 29 reports are without prejudice to the individual so reporting, 30 and are for the confidential use of the Department, except 31 that the Department may disclose the identity of a person 32 involved in an accident when such identity is not otherwise 33 known or when such person denies his presence at such 34 accident. No such report may be used as evidence in any SB448 Enrolled -8- LRB9203238TAcs 1 trial, civil or criminal, arising out of an accident, except 2 that the Department must furnish upon demand of any person 3 who has or claims to have made such a report, or upon demand 4 of any court, a certificate showing that a specified accident 5 report has or has not been made to the Department, solely to 6 prove a compliance or a failure to comply with the 7 requirements that such a report be made to the Department. 8 (Source: P.A. 77-1312.) 9 (625 ILCS 40/9-2) (from Ch. 95 1/2, par. 609-2) 10 Sec. 9-2. Special fund. There is created a special fund 11 in the State Treasury to be known as the Snowmobile Trail 12 Establishment Fund. Thirty-threeTwenty-fivepercent of each 13 new, transfer-renewal and renewal registration fee collected 14 under Sections 3-2, 3-5 and 3-8 of this Act shall be 15 deposited in the fund. The fund shall be administered by the 16 Department and shall be used for disbursement, upon written 17 application to and subsequent approval by the Department, to 18 nonprofit snowmobile clubs and organizations for 19 construction, maintenance, and rehabilitation of snowmobile 20 trails and areas for the use of snowmobiles, including plans 21 and specifications, engineering surveys and supervision where 22 necessary. The Department shall promulgate such rules or 23 regulations as it deems necessary for the administration of 24 the fund. 25 (Source: P.A. 85-153.) 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.