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Public Act 91-0441
HB1972 Enrolled LRB9105702KSpr
AN ACT concerning off-highway vehicles.
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 Sections 20 and 45 as follows:
(20 ILCS 862/20)
Sec. 20. State Off-Highway Vehicle Trails Advisory Board.
(a) There is created the State Off-Highway Vehicle
Trails Advisory Board. The Board shall consist of 5 members,
one from each of the following organizations, except for the
Illinois off-road riders and all-terrain vehicle clubs, which
shall have 2 members, appointed by the Director from
nominations submitted by the following organizations:
(1) The Department of Natural Resources, to vote
only in the case of a tie.
(2) (Blank) The National Off-Highway Vehicle
Conservation Council.
(3) The American Motorcycle Association.
(4) ABATE of Illinois.
(5) Illinois off-road riders and all-terrain
vehicle clubs.
The length of terms of members shall be 2 years,
beginning on January 1 and ending on December 31. The Board
shall meet beginning in January of 1998. Procedures for
conduct of the Board's business shall be established by the
Department by rule. Two members of the Board shall also be
members of the Department's Illinois Trails Advisory Board.
(b) The Board shall evaluate and recommend to the
Director recreational trail projects for funding consistent
with the purposes set forth in subsection (b) of Section 15.
To the extent practicable and consistent with other
requirements of this Act, the Board and the Director shall
give preference to project proposals that:
(1) provide for the greatest number of compatible
recreational purposes including, but not limited to,
those described under the definition of "recreational
trail" in Section 10;
(2) provide for innovative recreational trail
corridor sharing to accommodate motorized recreational
trail use; or
(3) provide for seasonal designation of trails.
(Source: P.A. 90-287, eff. 1-1-98.)
(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 on the rear fender or bumper of the off-highway vehicle.
(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.
The Department shall not issue a public access sticker to
an all-terrain vehicle or off-highway motorcycle used for
production agriculture, as defined in Section 3-821 of the
Illinois Vehicle Code.
(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) The Department is authorized to modify any or all
provisions of this Section 45 by rule.
(Source: P.A. 90-287, eff. 1-1-98.)
Section 10. The Illinois Vehicle Code is amended by
changing Sections 3-102 and 3-821 as follows:
(625 ILCS 5/3-102) (from Ch. 95 1/2, par. 3-102)
Sec. 3-102. Exclusions.
No certificate of title need be obtained for:
1. A vehicle owned by the State of Illinois; or a
vehicle owned by the United States unless it is registered in
this State;
2. A vehicle owned by a manufacturer or dealer and held
for sale, even though incidentally moved on the highway or
used for purposes of testing or demonstration, provided a
dealer reassignment area is still available on the
manufacturer's certificate of origin or the Illinois title;
or a vehicle used by a manufacturer solely for testing;
3. A vehicle owned by a non-resident of this State and
not required by law to be registered in this State;
4. A motor vehicle regularly engaged in the interstate
transportation of persons or property for which a currently
effective certificate of title has been issued in another
State;
5. A vehicle moved solely by animal power;
6. An implement of husbandry;
7. Special mobile equipment;
8. An apportionable trailer or an apportionable
semitrailer registered in the State prior to April 1, 1998.
(Source: P.A. 89-710, eff. 2-14-97.)
(625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
Sec. 3-821. Miscellaneous Registration and Title Fees.
(a) The fee to be paid to the Secretary of State for the
following certificates, registrations or evidences of proper
registration, or for corrected or duplicate documents shall
be in accordance with the following schedule:
Certificate of Title, except for an all-terrain
vehicle or off-highway motorcycle $13
Certificate of Title for an all-terrain vehicle
or off-highway motorcycle 30
Certificate of Title for an all-terrain vehicle
or off-highway motorcycle used for production
agriculture, or accepted by a dealer in trade 13
Transfer of Registration or any evidence of
proper registration 12
Duplicate Registration Card for plates or other
evidence of proper registration 2
Duplicate Registration Sticker or Stickers, each 4
Duplicate Certificate of Title 13
Corrected Registration Card or Card for other
evidence of proper registration 2
Corrected Certificate of Title 13
Salvage Certificate 3
Fleet Reciprocity Permit 12
Prorate Decal 1
Prorate Backing Plate 2
There shall be no fee paid for a Junking Certificate.
(b) The Secretary may prescribe the maximum service
charge to be imposed upon an applicant for renewal of a
registration by any person authorized by law to receive and
remit or transmit to the Secretary such renewal application
and fees therewith.
(c) If a check is delivered to the Office of the
Secretary of State as payment of any fee or tax under this
Code, and such check is not honored by the bank on which it
is drawn for any reason, the registrant or other person
tendering the check remains liable for the payment of such
fee or tax. The Secretary of State may assess a service
charge of $15 in addition to the fee or tax due and owing for
all dishonored checks.
If the total amount then due and owing exceeds the sum
of $50 and has not been paid in full within 60 days from the
date such fee or tax became due to the Secretary of State,
the Secretary of State shall assess a penalty of 25% of such
amount remaining unpaid.
All amounts payable under this Section shall be computed
to the nearest dollar.
(d) The minimum fee and tax to be paid by any applicant
for apportionment of a fleet of vehicles under this Code
shall be $12 if the application was filed on or before the
date specified by the Secretary together with fees and taxes
due. If an application and the fees or taxes due are filed
after the date specified by the Secretary, the Secretary may
prescribe the payment of interest at the rate of 1/2 of 1%
per month or fraction thereof after such due date and a
minimum of $6.
(e) Trucks, truck tractors, truck tractors with loads,
and motor buses, any one of which having a combined total
weight in excess of 12,000 lbs. shall file an application for
a Fleet Reciprocity Permit issued by the Secretary of State.
This permit shall be in the possession of any driver
operating a vehicle on Illinois highways. Any foreign
licensed vehicle of the second division operating at any time
in Illinois without a Fleet Reciprocity Permit or other
proper Illinois registration, shall subject the operator to
the penalties provided in Section 3-834 of this Code. For
the purposes of this Code, "Fleet Reciprocity Permit" means
any second division motor vehicle with a foreign license and
used only in interstate transportation of goods. The fee for
such permit shall be $12 per fleet which shall include all
vehicles of the fleet being registered.
(f) For purposes of this Section, "all-terrain vehicle
or off-highway motorcycle used for production agriculture"
means any all-terrain vehicle or off-highway motorcycle used
in the raising of or the propagation of livestock, crops for
sale for human consumption, crops for livestock consumption,
and production seed stock grown for the propagation of feed
grains and the husbandry of animals or for the purpose of
providing a food product, including the husbandry of blood
stock as a main source of providing a food product.
"All-terrain vehicle or off-highway motorcycle used in
production agriculture" also means any all-terrain vehicle or
off-highway motorcycle used in animal husbandry,
floriculture, aquaculture, horticulture, and viticulture.
(Source: P.A. 90-287, eff. 1-1-98; 90-774, eff. 8-14-98.)
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