Public Act 095-0670
 		





SB0627 Enrolled
LRB095 09890 HLH 30101 b






    AN ACT concerning State government.

 
    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 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.

    Of the money used from the Fund for the purposes set forth 
in this
subsection, at least 92% shall be allocated for 
motorized recreation and not more than 8% shall be used by the 
Department for administration, enforcement, planning, and 
implementation of this Act or diverted from the Fund, 
notwithstanding any other law to the contrary adopted after the 
effective date of this amendatory Act of the 95th General 
Assembly. 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. 93-1050, eff. 11-16-04.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.