Public Act 096-1291
 
SB3091 EnrolledLRB096 16332 AJT 31594 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Snowmobile Registration and Safety Act is 
amended  by changing Sections 3-1, 3-2, 3-5, 3-8, 3-11, and 9-2 
and  by adding Sections 3-12 and 3-13 as follows:
 



    (625 ILCS 40/3-1)  (from Ch. 95 1/2, par. 603-1)



    Sec. 3-1. Operation of Unnumbered Snowmobiles. 
    (a) Except as hereinafter provided, no person who is a 
resident of this State shall, after the effective
date of this 
Act, operate any snowmobile within this State unless such

snowmobile has been registered and numbered in accordance with 
the
provisions of this Article, and unless (1) the certificate 
of number
awarded to such snowmobile is in full force and 
effect. A person who is not a resident of this State and who 
operates a snowmobile within this State may register that 
snowmobile in this State, but in the event that he or she does 
not, and he or she is not otherwise exempt under subsection (c) 
of Section 3-12 of this Article, he or she must obtain and 
display a trail use sticker in accordance with Section 3-12 of 
this Article. 

    (b) A person convicted of violating this Section is guilty 
of a petty offense. 
(Source: P.A. 81-702.)

 



    (625 ILCS 40/3-2)  (from Ch. 95 1/2, par. 603-2)



    Sec. 3-2. Identification Number Application. The owner of 
each snowmobile requiring numbering by this State shall
file an 
application for number with the Department on forms approved by

it. The application shall be signed by the owner of the 
snowmobile and
shall be accompanied by a fee of $30 $18. When a 
snowmobile dealer
sells a snowmobile the dealer shall, at the 
time of sale, require the buyer
to complete an application for 
the registration certificate, collect the
required fee and mail 
the application and fee to the Department no later
than 14 days 
after the date of sale.  Combination application-receipt forms

shall be provided by the Department and the dealer shall 
furnish the buyer
with the completed receipt showing that 
application for registration has
been made.  This completed 
receipt shall be in the possession of the user
of the 
snowmobile until the registration certificate is received.  No

snowmobile dealer may charge an additional fee to the buyer for 
performing
this service required under this subsection.  
However, no purchaser
exempted under Section 3-11 of this Act 
shall be charged any fee or be
subject to the other 
requirements of this Section.   The application form
shall so 
state in clear language the requirements of this Section and 
the
penalty for violation near the place on the application 
form provided for
indicating the intention to register in 
another jurisdiction.  Each dealer
shall maintain, for one year, 
a record in a form prescribed by the
Department for each 
snowmobile sold.  These records shall be open to
inspection by 
the Department. Upon receipt of the application in
approved 
form the Department shall enter the same upon the records of

its office and issue to the applicant a certificate of number 
stating
the number awarded to the snowmobile and the name and 
address of the owner.

    For the registration years beginning on or after January 1, 
2017, the application shall be signed by the owner of the 
snowmobile and
shall be accompanied by a fee of $45. 
(Source: P.A. 92-174, eff. 7-26-01.)

 



    (625 ILCS 40/3-5)  (from Ch. 95 1/2, par. 603-5)



    Sec. 3-5. Transfer of Identification Number. The purchaser 
of a snowmobile
shall, within 15 days after acquiring same, 
make application to the Department
for the transfer to him of 
the certificate of number issued to the snowmobile,
giving his 
name, his address and the number of the snowmobile. The 
purchaser
shall apply for a transfer-renewal for a fee of $30 
$18 for
approximately 3 years.
All transfers will bear 
September 30 expiration dates in the calendar year of

expiration. Upon receipt of the application and fee, the 
Department shall
transfer the certificate of number issued to 
the snowmobile to the new
owner. Unless the application is made 
and fee paid within 30 days, the
snowmobile shall be deemed to 
be without certificate of number and it shall
be unlawful for 
any person to operate the snowmobile until the certificate
is 
issued.
    For the registration years beginning on or after January 1, 
2017, the purchaser
shall apply for a transfer-renewal for a 
fee of  $45 for
approximately 3 years. 

(Source: P.A. 92-174, eff. 7-26-01.)

 



    (625 ILCS 40/3-8)  (from Ch. 95 1/2, par. 603-8)



    Sec. 3-8. Certificate of Number. Every certificate of 
number awarded under this Act shall continue in
full force and 
effect for approximately 3 years unless sooner terminated or

discontinued in accordance with this Act. All new certificates 
issued will
bear September 30 expiration dates in the calendar 
year 3 years after the
issuing date.  Provided however, that the 
Department may, for purposes of
implementing this Section, 
adopt rules for phasing in the issuance of new
certificates and 
provide for 1, 2 or 3 year expiration dates and pro-rated

payments or charges for each registration.

    All certificates shall be renewed for 3 years from the 
nearest September
30 for a fee of $30 $18. All certificates 
will be considered invalid
after
October 15 of the year of 
expiration. All certificates expiring in a given
year shall be 
renewed between April 1 and September 30 of that year, in
order 
to allow sufficient time for processing.

    The Department shall issue "registration expiration 
decals" with all new
certificates of number, all certificates 
of number transferred and renewed,
and all certificates of 
number renewed. The decals issued for each year shall
be of a 
different and distinct color from the decals of each year 
currently
displayed. The decals shall be affixed to each side 
of the cowling of the
snowmobile in the manner prescribed by 
the rules and regulations of the
Department. The Department 
shall fix a day and month of the year on which
certificates of 
number due to expire shall lapse and no longer be of any
force 
and effect unless renewed pursuant to this Act.

    No number or registration expiration decal, except a 
sticker or number
which may be required by a political 
subdivision, municipality,
or
state, other than the 
registration expiration decal issued to a snowmobile
or granted 
reciprocity pursuant to this Act, shall be painted, attached,

or
otherwise displayed on either side of the cowling of such 
snowmobile.

    A dealer engaged in the manufacture, sale, or leasing of 
snowmobiles
required to be numbered hereunder, upon 
application to the Department upon
forms prescribed by it, may 
obtain certificates of number for use in the
testing or 
demonstrating of such snowmobiles upon payment of $30 $18
for 
each
registration. Certificates of number so issued may be used 
by the applicant
in the testing or demonstrating of snowmobiles 
by temporary placement of
the registration expiration decals 
assigned by such certificates on the
snowmobile so tested or 
demonstrated.

    For the registration years beginning on or after January 1, 
2017, every certificate of number awarded under this Section 
shall be accompanied by a fee of $45. 
(Source: P.A. 92-174, eff. 7-26-01.)

 



    (625 ILCS 40/3-11)  (from Ch. 95 1/2, par. 603-11)



    Sec. 3-11. 
Exception from numbering provisions of this 
Act.)  A snowmobile
shall not be required to be numbered under 
this Act if it is:

    A. Owned and used by the United States, another state, or a 
political
subdivision thereof, but such snowmobiles shall 
display the name of the
owner on the cowling thereof.

    B. (Blank). Covered by a valid registration or license of 
another state, province
or country which is the domicile of the 
owner of the snowmobile and is not
operated within this State 
on more than 30 consecutive days in any calendar
year.

    C. Owned and operated on lands owned by the owner or 
operator or on lands
to which he has a contractual right other 
than as a member of a club or
association, provided the 
snowmobile is not operated elsewhere within the
state.

    D. Used only on international or national competition 
circuits in events
for which written permission has been 
obtained by the sponsoring or sanctioning
body from the 
governmental unit having jurisdiction over the location of
any 
event held in this State.

    E. Owned by persons domiciled in Illinois but used entirely 
in another
jurisdiction when such owner has complied with the 
provisions of Section
3-2 of this Act.

    F. Designed for use by small children primarily as a toy 
and used only on
private property and not on any public use 
trail.

(Source: P.A. 92-174, eff. 7-26-01.)

 
    (625 ILCS 40/3-12 new)
    Sec. 3-12. Trail use stickers.
    (a) Except as provided in subsection (c) of this Section, a 
person who is not a resident of this State shall not operate a 
snowmobile in this State unless a numbered trail use sticker 
issued under this Section is displayed on the snowmobile.
    (b) The fee for a trail use sticker issued for a snowmobile 
under subsection (a) of this Section is $25 per registration 
year. A trail use sticker issued for such a snowmobile may be 
issued only by the Department and persons appointed by the 
Department and expires on June 30 of each registration year.
    (c) A snowmobile that is registered and numbered in 
accordance with the provisions of this Article or that is 
exempt from registration under Section 3-11 of this Article is 
exempt from having a trail use sticker displayed under 
subsection (a) of this Section.
    (d)
The Department may appoint any person who is not an 
employee of the Department as the Department's agent to issue 
trail use stickers and collect the fees for the stickers.
    (e) The Department shall establish by rule procedures for 
issuing trail use stickers, and the Department may promulgate 
rules regulating the activities of persons who are authorized 
to be agents under this Section.
 
    (625 ILCS 40/3-13 new)
    Sec. 3-13. Mandatory liability insurance.
    (a) Other than a person operating a snowmobile on their own 
property that is not a posted snowmobile trail, and other than 
a person operating a snowmobile on property other than a posted 
snowmobile trail in which the owner of the property has given 
his or her written or oral consent to the person to  operate a 
snowmobile on the property, no person shall operate, register, 
or maintain registration of, and no owner shall permit another 
person to operate, register or maintain registration of, a 
snowmobile in this State unless the snowmobile is covered by a 
liability insurance policy. 
    The insurance policy shall be issued in amounts no less 
than the minimum amounts set for bodily injury or death and for 
destruction of property under Section 7-203 of the Illinois 
Vehicle Code, and shall be issued in accordance with the 
requirements of Sections 143a and 143a-2 of the Illinois 
Insurance Code, as amended. No insurer other than an insurer 
authorized to do business in this State shall issue a policy 
pursuant to this Section 3-13. Nothing herein shall deprive an 
insurer of any policy defense available at common law. 
    (b) Proof of insurance as required by this Section shall be 
produced and displayed by the owner or operator of the 
snowmobile upon request to any law enforcement officer or to 
any person who has suffered or claims to have suffered either 
personal injury or property damage as a result of the operation 
of the snowmobile by the owner or operator. 
    (c) Except as provided in subsection (d), any operator of a 
snowmobile subject to registration and numbering under this Act 
who is convicted of violating subsection (a) of this Section is 
guilty of a petty offense and shall be required to pay a fine 
in excess of $500, but not more than $1,000. However, no person 
charged with violating this Section shall be convicted if such 
person produces in court satisfactory evidence that at the time 
of the arrest the snowmobile was covered by a liability 
insurance policy in accordance with subsection (a) of this 
Section. The chief judge of each circuit may designate an 
officer of the court to review the documentation demonstrating 
that at the time of arrest the snowmobile was covered by a 
liability insurance policy in accordance with subsection (a) of 
this Section. 
    (d) A person who (i) has not previously been convicted of 
or received a disposition of court supervision for violating 
subsection (a) of this Section and (ii) produces at his or her 
court appearance satisfactory evidence that the snowmobile is 
covered, as of the date of the court appearance, by a liability 
insurance policy in accordance with Section 7-601 of the 
Illinois Vehicle Code shall, for a violation of this Section, 
pay a fine of $100 and receive a disposition of court 
supervision. The person must, on the date that the period of 
court supervision is scheduled to terminate, produce 
satisfactory evidence that the snowmobile was covered by the 
required liability insurance policy during the entire period of 
court supervision.
    An officer of the court designated under subsection (c) may 
also review liability insurance documentation under this 
subsection (d) to determine if the snowmobile is, as of the 
date of the court appearance, covered by a liability insurance 
policy in accordance with Section 7-601 of the Illinois Vehicle 
Code. The officer of the court shall also determine, on the 
date the period of court supervision is scheduled to terminate, 
whether the snowmobile was covered by the required policy 
during the entire period of court supervision. 
 



    (625 ILCS 40/9-2)  (from Ch. 95 1/2, par. 609-2)



    Sec. 9-2. Special fund. There is created a special fund in 
the State
Treasury
to be known as the Snowmobile Trail 
Establishment Fund. Fifty Thirty-three
percent of each
new, 
transfer-renewal, and renewal registration, and trail use 
sticker fee collected under
Sections 3-2, 3-5, and 3-8, and 
3-12 of this Act shall be deposited in the
fund. The fund shall 
be administered by the Department and shall be used
for 
disbursement, upon written application to and subsequent

approval by the Department, to nonprofit snowmobile clubs and 
organizations
for construction, management, maintenance, and 
rehabilitation of snowmobile trails and
areas for the use of 
snowmobiles, including plans and specifications,
engineering

surveys and supervision where necessary. The Department
shall 
promulgate such rules or regulations as it deems necessary for 
the
administration of the fund. It is the intent that the fees 
collected herein shall be used only for the Snowmobile Trail 
Establishment Fund. 

(Source: P.A. 92-174, eff. 7-26-01.)

  
 

    Section 99. Effective date. This Act takes effect April 1, 
2011.