HB3526ham001 103RD GENERAL ASSEMBLY

Rep. Dan Swanson

Filed: 3/13/2023

10300HB3526ham001 LRB103 30061 RLC 59056 a

AMENDMENT TO HOUSE BILL 3526

AMENDMENT NO. ______. Amend House Bill 3526 by replacing everything after the enacting clause with the following:

"Section 5. The Recreational Trails of Illinois Act is amended by changing Section 25.5 as follows:

(20 ILCS 862/25.5)

Sec. 25.5. Off-highway vehicle trails public access sticker.

(a) An off-highway vehicle trails public access sticker is a separate and additional requirement from the Off-Highway Vehicle Usage Stamp under Section 26 of this Act.

(b) Except as provided in subsection (c) of this Section, a person may not operate and an owner may not give permission to another to operate an off-highway vehicle on 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 of this Act unless the off-highway vehicle displays an off-highway vehicle trails public access sticker in a manner prescribed by the Department by rule.

(c) An off-highway vehicle does not need an off-highway vehicle trails 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.

(d) The Department shall issue an off-highway vehicle trails public access sticker 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, under subsection (e) of this Section; and

(6) $50 for 3 years for an all-terrain vehicle or off-highway motorcycle that does not have a title.

(d-5) The Department, by administrative rule, may make replacement stickers available at a reduced cost. The fees for public access stickers shall be deposited as follows: into the Off-Highway Vehicle Trails Fund

(1) $5 from the sale of each off-highway vehicle trails public access sticker shall be deposited into the Tick Research, Education, and Evaluation (TREE) Fund, which is created as a special fund in the State treasury. Moneys deposited in the Tick Research, Education, and Evaluation (TREE) Fund shall be paid as grants to the Illinois Lyme Association for the ordinary and contingent expenses associated with tick research, education, and evaluation; and

(2) the remainder of the fees for public access stickers shall be deposited into the Off-Highway Vehicle Trails Fund to be used for improvements to Illinois State Parks.

(e) The Department may enter into reciprocal agreements with other states that have a similar off-highway vehicle trails public access sticker program to allow residents of those 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 off-highway vehicle trails grant program established under subsection (d) of Section 15 of this Act without acquiring an off-highway vehicle trails public access sticker in this State under subsection (b) of this Section.

(f) The Department may license vendors to sell off-highway vehicle trails public access stickers. Issuing fees may be set by administrative rule.

(g) Any person participating in an organized competitive event on land or lands in off-highway vehicle parks paid for, operated by, or supported by the grant program established in subsection (d) of Section 15 shall display the public access sticker required under subsection (b) of this Section or pay $5 per event. Fees collected under this subsection shall be deposited into the Off-Highway Vehicle Trails Fund.

(Source: P.A. 100-798, eff. 1-1-19; 101-81, eff. 7-12-19.)

Section 10. The State Finance Act is amended by adding Section 5.990 as follows:

(30 ILCS 105/5.990 new)

Sec. 5.990. The Tick Research, Education, and Evaluation (TREE) Fund.".