SB2494 93RD GENERAL ASSEMBLY

LRB093 20560 RAS 46369 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2494

Introduced 2/3/2004, by John J. Cullerton

SYNOPSIS AS INTRODUCED:

20 ILCS 862/15
20 ILCS 862/30 new

Amends the Recreational Trails of Illinois Act. Provides that recipients of off-highway vehicle trail grants must post a performance bond. Provides that the Department of Natural Resources shall establish the terms and conditions of the bond. Provides that recipients of the grant shall be held liable for any damage done by clients to private or public lands adjoining an off-highway vehicle trail established, operated, or maintained by that grant recipient. Provides that a grant recipient found in violation of the grant agreement shall be subject to administrative penalties imposed by the Department.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning recreation.

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 15 and by adding Section 30 as follows:

(20 ILCS 862/15)

Sec. 15. Off-Highway Vehicle Trails Fund.

(a) The Off-Highway Vehicle Trails Fund is created as a special fund in the State treasury. Money from federal, State, and private sources may be deposited into the Fund. Fines assessed by the Department of Natural Resources for citations issued to off-highway vehicle operators shall be deposited into the Fund. All interest accrued on the Fund shall be deposited into the Fund.

(b) All money in the Fund shall be used, subject to appropriation, by the Department for the following purposes:

(1) Grants for construction of off-highway vehicle recreational trails on county, municipal, other units of local government, or private lands where a recreational need for the construction is shown.

(2) Grants for maintenance and construction of off-highway vehicle recreational trails on federal lands, where permitted by law.

(3) Grants for development of off-highway vehicle trail-side facilities in accordance with criteria approved by the National Recreational Trails Advisory Committee.

(4) Grants for acquisition of property from willing sellers for off-highway vehicle recreational trails when the objective of a trail cannot be accomplished by other means.

(5) Grants for development of urban off-highway vehicle trail linkages near homes and workplaces.

(6) Grants for maintenance of existing off-highway vehicle recreational trails, including the grooming and maintenance of trails across snow.

(7) Grants for restoration of areas damaged by usage of off-highway vehicle recreational trails and back country terrain.

(8) Grants for provision of features that facilitate the access and use of off-highway vehicle trails by persons with disabilities.

(9) Grants for acquisition of easements for off-highway vehicle trails or for trail corridors.

(10) Grants for a rider education and safety program.

(11) Administration, enforcement, planning, and implementation of this Act and Sections 11-1426 and 11-1427 of the Illinois Vehicle Code.

All grant recipients must post a performance bond that shall be held in the Fund. The Department shall establish, by administrative rule, the terms and conditions of this bond.

Of the money used from the Fund for the purposes set forth in this subsection, at least 60% shall be allocated for motorized recreation. The Department shall establish, by rule, measures to verify that recipients of money from the Fund comply with the specified conditions for the use of the money.

(c) The Department may not use the money from the Fund for the following purposes:

(1) Condemnation of any kind of interest in property.

(2) Construction of any recreational trail on National Forest System land for motorized uses unless those lands have been allocated for uses other than wilderness by an approved forest land and resource management plan or have been released to uses other than wilderness by an Act of Congress, and the construction is otherwise consistent with the management direction in the approved land and resource management plan.

(3) Construction of motorized recreational trails on Department owned or managed land.

(d) The Department shall establish a program to administer grants from the Fund to units of local government, not-for-profit organizations, and other groups to operate, maintain, and acquire land for off-highway vehicle parks that are open and accessible to the public.

(Source: P.A. 90-287, eff. 1-1-98.)

(20 ILCS 862/30 new)

Sec. 30. Liability; penalty. Grant recipients shall be liable for trespass and for any damage caused by a client to public or private lands adjoining an off highway vehicle trail established or maintained by that recipient. Grant recipients found by the Department to be in violation of the grant agreement shall be subject to administrative penalties imposed by the Department.