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| [ Senate Amendment 002 ] |
91_HB1972eng HB1972 Engrossed LRB9105702KSpr 1 AN ACT concerning off-highway vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Recreational Trails of Illinois Act is 5 amended by changing Sections 20 and 45 as follows: 6 (20 ILCS 862/20) 7 Sec. 20. State Off-Highway Vehicle Trails Advisory Board. 8 (a) There is created the State Off-Highway Vehicle 9 Trails Advisory Board. The Board shall consist of 5 members, 10 one from each of the following organizations, except for the 11 Illinois off-road riders and all-terrain vehicle clubs, which 12 shall have 2 members, appointed by the Director from 13 nominations submitted by the following organizations: 14 (1) The Department of Natural Resources, to vote 15 only in the case of a tie. 16 (2) (Blank)The National Off-Highway Vehicle17Conservation Counci. 18 (3) The American Motorcycle Association. 19 (4) ABATE of Illinois. 20 (5) Illinois off-road riders and all-terrain 21 vehicle clubs. 22 The length of terms of members shall be 2 years, 23 beginning on January 1 and ending on December 31. The Board 24 shall meet beginning in January of 1998. Procedures for 25 conduct of the Board's business shall be established by the 26 Department by rule. Two members of the Board shall also be 27 members of the Department's Illinois Trails Advisory Board. 28 (b) The Board shall evaluate and recommend to the 29 Director recreational trail projects for funding consistent 30 with the purposes set forth in subsection (b) of Section 15. HB1972 Engrossed -2- LRB9105702KSpr 1 To the extent practicable and consistent with other 2 requirements of this Act, the Board and the Director shall 3 give preference to project proposals that: 4 (1) provide for the greatest number of compatible 5 recreational purposes including, but not limited to, 6 those described under the definition of "recreational 7 trail" in Section 10; 8 (2) provide for innovative recreational trail 9 corridor sharing to accommodate motorized recreational 10 trail use; or 11 (3) provide for seasonal designation of trails. 12 (Source: P.A. 90-287, eff. 1-1-98.) 13 (20 ILCS 862/45) 14 Sec. 45. Public access sticker. 15 (a) Except as provided in subsection (b), after January 16 1, 1998, a person may not operate and an owner may not give 17 permission to another to operate an off-highway vehicle on 18 land or lands or waters in public off-highway vehicle parks 19 paid for, operated, or supported by the grant program 20 established under subsection (d) of Section 15 unless the 21 off-highway vehicle displays an off-highway vehicle public 22 access sticker in a manner prescribed by the Department by 23 ruleon the rear fender or bumper of the off-highway vehicle. 24 (b) An off-highway vehicle does not need a public access 25 sticker if the off-highway vehicle is used on private land or 26 if the off-highway vehicle is owned by the State, the federal 27 government, or a unit of local government. 28 (c) The Department shall issue the public access 29 stickers and shall charge the following fees: 30 (1) $30 for 3 years for individuals. 31 (2) $50 for 3 years for rental units. 32 (3) $75 for 3 years for dealer and manufacturer 33 demonstrations and research. HB1972 Engrossed -3- LRB9105702KSpr 1 (4) $50 for 3 years for an all-terrain vehicle or 2 off-highway motorcycle used for production agriculture, 3 as defined in Section 3-821 of the Illinois Vehicle Code. 4 5 (5) $50 for 3 years for residents of a State other 6 than Illinois that does not have a reciprocal agreement 7 with the Department, pursuant to subsection (d). 8 (6) $50 for 3 years for an all-terrain vehicle or 9 off-highway motorcycle that does not have a title. 10 The Department, by administrative rule, may make replacement 11 stickers available at a reduced cost. These fees for public 12 access stickers shall be deposited into the Off-Highway 13 Vehicle Trails Fund. 14The Department shall not issue a public access sticker to15an all-terrain vehicle or off-highway motorcycle used for16production agriculture, as defined in Section 3-821 of the17Illinois Vehicle Code.18 (d) The Department is authorized to enter into 19 reciprocal agreements with other states that have a similar 20 off-highway vehicle public access sticker program to allow 21 residents of such states to operate off-highway vehicles on 22 land or lands or waters in public off-highway vehicle parks 23 paid for, operated, or supported by the grant program 24 established under subsection (d) of Section 15 without 25 acquiring an off-highway vehicle public access sticker in 26 this State pursuant to subsection (a). 27 (e) The Department may license vendors to sell 28 off-highway vehicle public access stickers. A vendor 29 licensed to sell off-highway vehicle public access stickers 30 may charge a reasonable fee for the service. 31 (f) The Department is authorized modify or rescind any 32 or all provisions of this Section 45 by rule. 33 (Source: P.A. 90-287, eff. 1-1-98.) HB1972 Engrossed -4- LRB9105702KSpr 1 Section 10. The Illinois Vehicle Code is amended by 2 changing Section 3-821 as follows: 3 (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821) 4 Sec. 3-821. Miscellaneous Registration and Title Fees. 5 (a) The fee to be paid to the Secretary of State for the 6 following certificates, registrations or evidences of proper 7 registration, or for corrected or duplicate documents shall 8 be in accordance with the following schedule: 9 Certificate of Title, except for an all-terrain 10 vehicle or off-highway motorcycle $13 11 Certificate of Title for an all-terrain vehicle 12 or off-highway motorcycle, unless accepted by a 13 dealer in trade 30 14 Certificate of Title for an all-terrain vehicle 15 or off-highway motorcycle used for production 16 agriculture, unless accepted by a dealer in trade 13 17 Transfer of Registration or any evidence of 18 proper registration 12 19 Duplicate Registration Card for plates or other 20 evidence of proper registration 2 21 Duplicate Registration Sticker or Stickers, each 4 22 Duplicate Certificate of Title 13 23 Corrected Registration Card or Card for other 24 evidence of proper registration 2 25 Corrected Certificate of Title 13 26 Salvage Certificate 3 27 Fleet Reciprocity Permit 12 28 Prorate Decal 1 29 Prorate Backing Plate 2 30 There shall be no fee paid for a Junking Certificate. 31 (b) The Secretary may prescribe the maximum service 32 charge to be imposed upon an applicant for renewal of a 33 registration by any person authorized by law to receive and HB1972 Engrossed -5- LRB9105702KSpr 1 remit or transmit to the Secretary such renewal application 2 and fees therewith. 3 (c) If a check is delivered to the Office of the 4 Secretary of State as payment of any fee or tax under this 5 Code, and such check is not honored by the bank on which it 6 is drawn for any reason, the registrant or other person 7 tendering the check remains liable for the payment of such 8 fee or tax. The Secretary of State may assess a service 9 charge of $15 in addition to the fee or tax due and owing for 10 all dishonored checks. 11 If the total amount then due and owing exceeds the sum 12 of $50 and has not been paid in full within 60 days from the 13 date such fee or tax became due to the Secretary of State, 14 the Secretary of State shall assess a penalty of 25% of such 15 amount remaining unpaid. 16 All amounts payable under this Section shall be computed 17 to the nearest dollar. 18 (d) The minimum fee and tax to be paid by any applicant 19 for apportionment of a fleet of vehicles under this Code 20 shall be $12 if the application was filed on or before the 21 date specified by the Secretary together with fees and taxes 22 due. If an application and the fees or taxes due are filed 23 after the date specified by the Secretary, the Secretary may 24 prescribe the payment of interest at the rate of 1/2 of 1% 25 per month or fraction thereof after such due date and a 26 minimum of $6. 27 (e) Trucks, truck tractors, truck tractors with loads, 28 and motor buses, any one of which having a combined total 29 weight in excess of 12,000 lbs. shall file an application for 30 a Fleet Reciprocity Permit issued by the Secretary of State. 31 This permit shall be in the possession of any driver 32 operating a vehicle on Illinois highways. Any foreign 33 licensed vehicle of the second division operating at any time 34 in Illinois without a Fleet Reciprocity Permit or other HB1972 Engrossed -6- LRB9105702KSpr 1 proper Illinois registration, shall subject the operator to 2 the penalties provided in Section 3-834 of this Code. For 3 the purposes of this Code, "Fleet Reciprocity Permit" means 4 any second division motor vehicle with a foreign license and 5 used only in interstate transportation of goods. The fee for 6 such permit shall be $12 per fleet which shall include all 7 vehicles of the fleet being registered. 8 (f) For purposes of this Section, "all-terrain vehicle 9 or off-highway motorcycle used for production agriculture" 10 means any all-terrain vehicle or off-highway motorcycle used 11 in the raising of or the propagation of livestock, crops for 12 sale for human consumption, crops for livestock consumption, 13 and production seed stock grown for the propagation of feed 14 grains and the husbandry of animals or for the purpose of 15 providing a food product, including the husbandry of blood 16 stock as a main source of providing a food product. 17 "All-terrain vehicle or off-highway motorcycle used in 18 production agriculture" also means any all-terrain vehicle or 19 off-highway motorcycle used in animal husbandry, 20 floriculture, aquaculture, horticulture, and viticulture. 21 (Source: P.A. 90-287, eff. 1-1-98; 90-774, eff. 8-14-98.)