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| [ Senate Amendment 002 ] |
91_HB1972enr HB1972 Enrolled 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 Council. 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. 31 To the extent practicable and consistent with other HB1972 Enrolled -2- LRB9105702KSpr 1 requirements of this Act, the Board and the Director shall 2 give preference to project proposals that: 3 (1) provide for the greatest number of compatible 4 recreational purposes including, but not limited to, 5 those described under the definition of "recreational 6 trail" in Section 10; 7 (2) provide for innovative recreational trail 8 corridor sharing to accommodate motorized recreational 9 trail use; or 10 (3) provide for seasonal designation of trails. 11 (Source: P.A. 90-287, eff. 1-1-98.) 12 (20 ILCS 862/45) 13 Sec. 45. Public access sticker. 14 (a) Except as provided in subsection (b), after January 15 1, 1998, a person may not operate and an owner may not give 16 permission to another to operate an off-highway vehicle on 17 land or lands or waters in public off-highway vehicle parks 18 paid for, operated, or supported by the grant program 19 established under subsection (d) of Section 15 unless the 20 off-highway vehicle displays an off-highway vehicle public 21 access sticker in a manner prescribed by the Department by 22 ruleon the rear fender or bumper of the off-highway vehicle. 23 (b) An off-highway vehicle does not need a public access 24 sticker if the off-highway vehicle is used on private land or 25 if the off-highway vehicle is owned by the State, the federal 26 government, or a unit of local government. 27 (c) The Department shall issue the public access 28 stickers and shall charge the following fees: 29 (1) $30 for 3 years for individuals. 30 (2) $50 for 3 years for rental units. 31 (3) $75 for 3 years for dealer and manufacturer 32 demonstrations and research. 33 (4) $50 for 3 years for an all-terrain vehicle or HB1972 Enrolled -3- LRB9105702KSpr 1 off-highway motorcycle used for production agriculture, 2 as defined in Section 3-821 of the Illinois Vehicle Code. 3 4 (5) $50 for 3 years for residents of a State other 5 than Illinois that does not have a reciprocal agreement 6 with the Department, pursuant to subsection (d). 7 (6) $50 for 3 years for an all-terrain vehicle or 8 off-highway motorcycle that does not have a title. 9 The Department, by administrative rule, may make replacement 10 stickers available at a reduced cost. These fees for public 11 access stickers shall be deposited into the Off-Highway 12 Vehicle Trails Fund. 13The Department shall not issue a public access sticker to14an all-terrain vehicle or off-highway motorcycle used for15production agriculture, as defined in Section 3-821 of the16Illinois Vehicle Code.17 (d) The Department is authorized to enter into 18 reciprocal agreements with other states that have a similar 19 off-highway vehicle public access sticker program to allow 20 residents of such states to operate off-highway vehicles on 21 land or lands or waters in public off-highway vehicle parks 22 paid for, operated, or supported by the grant program 23 established under subsection (d) of Section 15 without 24 acquiring an off-highway vehicle public access sticker in 25 this State pursuant to subsection (a). 26 (e) The Department may license vendors to sell 27 off-highway vehicle public access stickers. Issuing fees may 28 be set by administrative rule. 29 (f) The Department is authorized to modify any or all 30 provisions of this Section 45 by rule. 31 (Source: P.A. 90-287, eff. 1-1-98.) 32 Section 10. The Illinois Vehicle Code is amended by 33 changing Sections 3-102 and 3-821 as follows: HB1972 Enrolled -4- LRB9105702KSpr 1 (625 ILCS 5/3-102) (from Ch. 95 1/2, par. 3-102) 2 Sec. 3-102. Exclusions. 3 No certificate of title need be obtained for: 4 1. A vehicle owned by the State of Illinois; or a 5 vehicle owned by the United States unless it is registered in 6 this State; 7 2. A vehicle owned by a manufacturer or dealer and held 8 for sale, even though incidentally moved on the highway or 9 used for purposes of testing or demonstration, provided a 10 dealer reassignment area is still available on the 11 manufacturer's certificate of origin or the Illinois title; 12 or a vehicle used by a manufacturer solely for testing; 13 3. A vehicle owned by a non-resident of this State and 14 not required by law to be registered in this State; 15 4. A motor vehicle regularly engaged in the interstate 16 transportation of persons or property for which a currently 17 effective certificate of title has been issued in another 18 State; 19 5. A vehicle moved solely by animal power; 20 6. An implement of husbandry; 21 7. Special mobile equipment; 22 8. An apportionable trailer or an apportionable 23 semitrailer registered in the State prior to April 1, 1998. 24 (Source: P.A. 89-710, eff. 2-14-97.) 25 (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821) 26 Sec. 3-821. Miscellaneous Registration and Title Fees. 27 (a) The fee to be paid to the Secretary of State for the 28 following certificates, registrations or evidences of proper 29 registration, or for corrected or duplicate documents shall 30 be in accordance with the following schedule: 31 Certificate of Title, except for an all-terrain 32 vehicle or off-highway motorcycle $13 33 Certificate of Title for an all-terrain vehicle HB1972 Enrolled -5- LRB9105702KSpr 1 or off-highway motorcycle 30 2 Certificate of Title for an all-terrain vehicle 3 or off-highway motorcycle used for production 4 agriculture, or accepted by a dealer in trade 13 5 Transfer of Registration or any evidence of 6 proper registration 12 7 Duplicate Registration Card for plates or other 8 evidence of proper registration 2 9 Duplicate Registration Sticker or Stickers, each 4 10 Duplicate Certificate of Title 13 11 Corrected Registration Card or Card for other 12 evidence of proper registration 2 13 Corrected Certificate of Title 13 14 Salvage Certificate 3 15 Fleet Reciprocity Permit 12 16 Prorate Decal 1 17 Prorate Backing Plate 2 18 There shall be no fee paid for a Junking Certificate. 19 (b) The Secretary may prescribe the maximum service 20 charge to be imposed upon an applicant for renewal of a 21 registration by any person authorized by law to receive and 22 remit or transmit to the Secretary such renewal application 23 and fees therewith. 24 (c) If a check is delivered to the Office of the 25 Secretary of State as payment of any fee or tax under this 26 Code, and such check is not honored by the bank on which it 27 is drawn for any reason, the registrant or other person 28 tendering the check remains liable for the payment of such 29 fee or tax. The Secretary of State may assess a service 30 charge of $15 in addition to the fee or tax due and owing for 31 all dishonored checks. 32 If the total amount then due and owing exceeds the sum 33 of $50 and has not been paid in full within 60 days from the 34 date such fee or tax became due to the Secretary of State, HB1972 Enrolled -6- LRB9105702KSpr 1 the Secretary of State shall assess a penalty of 25% of such 2 amount remaining unpaid. 3 All amounts payable under this Section shall be computed 4 to the nearest dollar. 5 (d) The minimum fee and tax to be paid by any applicant 6 for apportionment of a fleet of vehicles under this Code 7 shall be $12 if the application was filed on or before the 8 date specified by the Secretary together with fees and taxes 9 due. If an application and the fees or taxes due are filed 10 after the date specified by the Secretary, the Secretary may 11 prescribe the payment of interest at the rate of 1/2 of 1% 12 per month or fraction thereof after such due date and a 13 minimum of $6. 14 (e) Trucks, truck tractors, truck tractors with loads, 15 and motor buses, any one of which having a combined total 16 weight in excess of 12,000 lbs. shall file an application for 17 a Fleet Reciprocity Permit issued by the Secretary of State. 18 This permit shall be in the possession of any driver 19 operating a vehicle on Illinois highways. Any foreign 20 licensed vehicle of the second division operating at any time 21 in Illinois without a Fleet Reciprocity Permit or other 22 proper Illinois registration, shall subject the operator to 23 the penalties provided in Section 3-834 of this Code. For 24 the purposes of this Code, "Fleet Reciprocity Permit" means 25 any second division motor vehicle with a foreign license and 26 used only in interstate transportation of goods. The fee for 27 such permit shall be $12 per fleet which shall include all 28 vehicles of the fleet being registered. 29 (f) For purposes of this Section, "all-terrain vehicle 30 or off-highway motorcycle used for production agriculture" 31 means any all-terrain vehicle or off-highway motorcycle used 32 in the raising of or the propagation of livestock, crops for 33 sale for human consumption, crops for livestock consumption, 34 and production seed stock grown for the propagation of feed HB1972 Enrolled -7- LRB9105702KSpr 1 grains and the husbandry of animals or for the purpose of 2 providing a food product, including the husbandry of blood 3 stock as a main source of providing a food product. 4 "All-terrain vehicle or off-highway motorcycle used in 5 production agriculture" also means any all-terrain vehicle or 6 off-highway motorcycle used in animal husbandry, 7 floriculture, aquaculture, horticulture, and viticulture. 8 (Source: P.A. 90-287, eff. 1-1-98; 90-774, eff. 8-14-98.)