State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 002 ]

90_HB0489eng

      625 ILCS 5/2-119          from Ch. 95 1/2, par. 2-119
          Amends the Illinois Vehicle  Code  to  make  a  technical
      change  to  a  provision  concerning  disposition of fees and
      taxes.
                                                     LRB9002692NTsb
HB0489 Engrossed                               LRB9002692NTsb
 1        AN ACT in relation to off-highway vehicles.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  1.  Short  title.   This Act may be cited as the
 5    Recreational Trails of Illinois Act.
 6        Section 5. Findings. The General Assembly finds that:
 7        (1)  Recreation is an important industry in the State  of
 8    Illinois and its growth should be encouraged.
 9        (2)  The  establishment  and  maintenance of recreational
10    trails  by  the  State  of  Illinois  is  important  for  the
11    promotion of recreation and conservation.
12        (3)  The federal government has emphasized the importance
13    of  recreational  trails  by  enacting  the  Symms   National
14    Recreational Trails Act of 1991 (P.L. 102-240, Sec. 1301).
15        (4)  Illinois  should  adopt a comprehensive recreational
16    trails  Act  for  the  establishment   and   maintenance   of
17    recreational trails.
18        Section 10. Definitions. As used in this Act:
19        "Board"   means  the  State  Off-Highway  Vehicle  Trails
20    Advisory Board.
21        "Department" means the Department of Natural Resources.
22        "Director" means the Director of Natural Resources.
23        "Fund" means the Off-Highway Vehicle Trails Fund.
24        "Off-highway vehicle" means a  motor-driven  recreational
25    vehicle  capable  of  cross-country travel on natural terrain
26    without benefit of a road or trail, including an  all-terrain
27    vehicle and off-highway motorcycle as defined in the Illinois
28    Vehicle  Code.  "Off-highway  vehicle"  does  not  include  a
29    snowmobile;  a motorcycle; a watercraft; a farm vehicle being
30    used  for  farming;  a  vehicle  used  for  military,   fire,
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 1    emergency,  or  law  enforcement  purposes; a construction or
 2    logging  vehicle  used  in  the  performance  of  its  common
 3    function; a motor vehicle owned by or operated under contract
 4    with a utility, whether publicly  or  privately  owned,  when
 5    used  for  work on utilities; a commercial vehicle being used
 6    for its intended purpose; snow-grooming equipment  when  used
 7    for its intended purpose; or an aircraft.
 8        "Recreational trail" means a thoroughfare or track across
 9    land   or  snow,  used  for  recreational  purposes  such  as
10    bicycling,  cross-country  skiing,  day  hiking,   equestrian
11    activities,  jogging  or  similar  fitness  activities, trail
12    biking,    overnight    and    long-distance     backpacking,
13    snowmobiling, aquatic or water activity, and vehicular travel
14    by motorcycle or off-highway vehicles.
15        Section 15. Off-Highway Vehicle Trails Fund.
16        (a)  The  Off-Highway Vehicle Trails Fund is created as a
17    special fund in the State  treasury.    Money  from  federal,
18    State,  and  private  sources may be deposited into the Fund.
19    Fines assessed by the Department  of  Natural  Resources  for
20    citations  issued  to  off-highway vehicle operators shall be
21    deposited into the Fund. All interest  accrued  on  the  Fund
22    shall be deposited into the Fund.
23        (b)  All  money  in  the  Fund  shall be used, subject to
24    appropriation, by the Department for the following purposes:
25             (1)  Grants for construction of off-highway  vehicle
26        recreational  trails on county, municipal, other units of
27        local government, or private lands where  a  recreational
28        need for the construction is shown.
29             (2)  Grants  for  maintenance  and  construction  of
30        off-highway vehicle recreational trails on federal lands,
31        where permitted by law.
32             (3)  Grants  for  development of off-highway vehicle
33        trail-side  facilities  in   accordance   with   criteria
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 1        approved  by  the  National  Recreational Trails Advisory
 2        Committee.
 3             (4)  Grants for acquisition of property from willing
 4        sellers for off-highway vehicle recreational trails  when
 5        the  objective of a trail cannot be accomplished by other
 6        means.
 7             (5)  Grants for  development  of  urban  off-highway
 8        vehicle trail linkages near homes and workplaces.
 9             (6)  Grants  for maintenance of existing off-highway
10        vehicle recreational trails, including the  grooming  and
11        maintenance of trails across snow.
12             (7)  Grants  for  restoration  of  areas  damaged by
13        usage of off-highway vehicle recreational trails and back
14        country terrain.
15             (8)  Grants   for   provision   of   features   that
16        facilitate the access  and  use  of  off-highway  vehicle
17        trails by persons with disabilities.
18             (9)  Grants   for   acquisition   of  easements  for
19        off-highway vehicle trails or for trail corridors.
20             (10)  Grants  for  a  rider  education  and   safety
21        program.
22             (11)  Administration,   enforcement,  planning,  and
23        implementation of  this  Act  and  Sections  11-1426  and
24        11-1427 of the Illinois Vehicle Code.
25        Of  the  money  used  from  the Fund for the purposes set
26    forth in this subsection, at least 60% shall be allocated for
27    motorized recreation.  The  Department  shall  establish,  by
28    rule,  measures  to  verify that recipients of money from the
29    Fund comply with the specified conditions for the use of  the
30    money.
31        (c)  The  Department  may not use the money from the Fund
32    for the following purposes:
33             (1)  Condemnation  of  any  kind  of   interest   in
34        property.
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 1             (2)  Construction   of  any  recreational  trail  on
 2        National Forest System land  for  motorized  uses  unless
 3        those  lands  have  been  allocated  for  uses other than
 4        wilderness  by  an  approved  forest  land  and  resource
 5        management plan or have been released to uses other  than
 6        wilderness by an Act of Congress, and the construction is
 7        otherwise consistent with the management direction in the
 8        approved land and resource management plan.
 9             (3)  Construction  of  motorized recreational trails
10        on Department owned or managed land.
11        (d)  The  Department  shall  establish   a   program   to
12    administer grants from the Fund to units of local government,
13    not-for-profit  organizations,  and  other groups to operate,
14    maintain, and acquire land for off-highway vehicle parks that
15    are open and accessible to the public.
16        Section 20. State  Off-Highway  Vehicle  Trails  Advisory
17    Board.
18        (a)  There  is  created  the  State  Off-Highway  Vehicle
19    Trails  Advisory Board. The Board shall consist of 5 members,
20    one from each of the following  organizations,  appointed  by
21    the  Director  from  nominations  submitted  by the following
22    organizations:
23             (1)  The Department of Natural  Resources,  to  vote
24        only in the case of a tie.
25             (2)  The  National  Off-Highway Vehicle Conservation
26        Council.
27             (3)  The American Motorcycle Association.
28             (4)  ABATE of Illinois.
29             (5)  Illinois  off-road   riders   and   all-terrain
30        vehicle clubs.
31        The  length  of  terms  of  members  shall  be  2  years,
32    beginning  on January 1 and ending on December 31.  The Board
33    shall meet beginning in January  of  1998.    Procedures  for
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 1    conduct  of  the Board's business shall be established by the
 2    Department by rule. Two members of the Board  shall  also  be
 3    members of the Department's Illinois Trails Advisory Board.
 4        (b)  The  Board  shall  evaluate  and  recommend  to  the
 5    Director  recreational  trail projects for funding consistent
 6    with the purposes set forth in subsection (b) of Section  15.
 7    To   the   extent   practicable  and  consistent  with  other
 8    requirements of this Act, the Board and  the  Director  shall
 9    give preference to project proposals that:
10             (1)  provide  for  the greatest number of compatible
11        recreational purposes  including,  but  not  limited  to,
12        those  described  under  the  definition of "recreational
13        trail" in Section 10;
14             (2)  provide  for  innovative   recreational   trail
15        corridor  sharing  to  accommodate motorized recreational
16        trail use; or
17             (3)  provide for seasonal designation of trails.
18        Section 25. Use of funds on private lands; conditions. As
19    a  condition  to  making  available  moneys   for   work   on
20    recreational  trails  that would affect privately owned land,
21    the Department shall obtain written assurances that the owner
22    of the property will cooperate and participate  as  necessary
23    in  the  activities  to  be  conducted.  Any use of moneys on
24    private lands must be accompanied by  an  easement  or  other
25    legally  binding  agreement that ensures public access to the
26    recreational trail improvements funded by those moneys.
27        Section 45.  Public access sticker.
28        (a)  Except as provided in subsection (b), after  January
29    1,  1998,  a person may not operate and an owner may not give
30    permission to another to operate an  off-highway  vehicle  on
31    land  or  lands or waters in public off-highway vehicle parks
32    paid  for,  operated,  or  supported  by  the  grant  program
HB0489 Engrossed            -6-                LRB9002692NTsb
 1    established under subsection (d) of  Section  15  unless  the
 2    off-highway  vehicle  displays  an off-highway vehicle public
 3    access  sticker  on  the  rear  fender  or  bumper   of   the
 4    off-highway vehicle.
 5        (b)  An off-highway vehicle does not need a public access
 6    sticker if the off-highway vehicle is used on private land or
 7    if the off-highway vehicle is owned by the State, the federal
 8    government, or a unit of local government.
 9        (c)  The   Department   shall  issue  the  public  access
10    stickers and shall charge the following fees:
11             (1)  $30 for 3 years for individuals.
12             (2)  $50 for 3 years for rental units.
13             (3)  $75 for 3 years  for  dealer  and  manufacturer
14        demonstrations and research.
15    The  Department, by administrative rule, may make replacement
16    stickers available at a reduced cost. These fees  for  public
17    access  stickers  shall  be  deposited  into  the Off-Highway
18    Vehicle Trails Fund.
19        The Department shall not issue a public access sticker to
20    an all-terrain vehicle or  off-highway  motorcycle  used  for
21    production  agriculture,  as  defined in Section 3-821 of the
22    Illinois Vehicle Code.
23        Section 95.  The State Finance Act is amended  by  adding
24    Section 5.449 as follows:
25        (30 ILCS 105/5.449)
26        Sec. 5.449.  The Off-Highway Vehicle Trails Fund.
27        Section  100.   The  Illinois  Vehicle Code is amended by
28    changing Sections 2-119, 3-101, 3-821, 11-1426,  and  11-1427
29    and  adding  Sections  11-1427.1,  11-1427.2,  11-1427.3, and
30    11-1427.4 as follows:
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 1        (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
 2        Sec. 2-119. Disposition of fees and taxes.
 3        (a)  All moneys received from Salvage Certificates  shall
 4    be deposited in the Common School Fund in the State Treasury.
 5        (b)  Beginning  January  1,  1990 and concluding December
 6    31, 1994, of the money  collected  for  each  certificate  of
 7    title,   duplicate   certificate   of   title  and  corrected
 8    certificate of title, $0.50 shall be deposited into the  Used
 9    Tire   Management   Fund.   Beginning  January  1,  1990  and
10    concluding December 31, 1994, of the money collected for each
11    certificate of title,  duplicate  certificate  of  title  and
12    corrected  certificate  of title, $1.50 shall be deposited in
13    the Park and Conservation Fund.  Beginning January  1,  1995,
14    of  the  money  collected  for  each  certificate  of  title,
15    duplicate  certificate  of title and corrected certificate of
16    title, $2 shall be deposited in  the  Park  and  Conservation
17    Fund.  The moneys deposited in the Park and Conservation Fund
18    pursuant  to  this  Section shall be used for the acquisition
19    and development of bike paths  as  provided  for  in  Section
20    63a36 of the Civil Administrative Code of Illinois. Except as
21    otherwise   provided  in  this  Code,  all  remaining  moneys
22    collected for certificates of title, and all moneys collected
23    for filing of security interests,  shall  be  placed  in  the
24    General Revenue Fund in the State Treasury.
25        (c)  All  moneys collected for that portion of a driver's
26    license fee designated for  driver  education  under  Section
27    6-118  shall  be  placed  in the Driver Education Fund in the
28    State Treasury.
29        (d)  Prior to December 28, 1989, of the monies  collected
30    as a registration fee for each motorcycle, motor driven cycle
31    and  motorized pedalcycle, $4 of each annual registration fee
32    for such vehicle and $2 of each semiannual  registration  fee
33    for  such  vehicle  is  deposited  in  the Cycle Rider Safety
34    Training Fund. Beginning  on  December  28,  1989  and  until
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 1    January  1,  1992,  of the monies collected as a registration
 2    fee for each motorcycle, motor  driven  cycle  and  motorized
 3    pedalcycle,  $6  of  each  annual  registration  fee for such
 4    vehicle and $3 of each semiannual registration fee  for  such
 5    vehicle shall be deposited in the Cycle Rider Safety Training
 6    Fund.
 7        Beginning  January  1, 1992 and until January 1, 1994, of
 8    the  monies  collected  as  a  registration  fee   for   each
 9    motorcycle,  motor  driven cycle and motorized pedalcycle, $7
10    of each annual registration fee for such vehicle and $3.50 of
11    each  semiannual  registration  fee  for  such   vehicle   is
12    deposited in the Cycle Rider Safety Training Fund.
13        Beginning  January  1, 1994, of the monies collected as a
14    registration fee for each motorcycle, motor driven cycle  and
15    motorized  pedalcycle, $8 of each annual registration fee for
16    such vehicle and $4 of each semiannual registration  fee  for
17    such  vehicle is deposited in the Cycle Rider Safety Training
18    Fund.
19        (e)  Of the monies received by the Secretary of State  as
20    registration fees or taxes or as payment of any other fee, as
21    provided  in  this Act, except fees received by the Secretary
22    under paragraph (7) of subsection (b) of  Section  5-101  and
23    Section  5-109  of this Code, 37% shall be deposited into the
24    State Construction Fund.
25        (f)  Of the total money collected for a  CDL  instruction
26    permit  or  original  or  renewal  issuance  of  a commercial
27    driver's license (CDL) pursuant  to  the  Uniform  Commercial
28    Driver's  License  Act  (UCDLA),  $6  of the total fee for an
29    original or renewal CDL, and $6 of the total CDL  instruction
30    permit fee when such permit is issued to any person holding a
31    valid  Illinois  driver's  license,  shall  be  paid into the
32    CDLIS/AAMVAnet  Trust  Fund  (Commercial   Driver's   License
33    Information  System/American  Association  of  Motor  Vehicle
34    Administrators  network Trust Fund) and shall be used for the
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 1    purposes provided in Section 6z-23 of the State Finance Act.
 2        (g)  All remaining moneys received by  the  Secretary  of
 3    State  as  registration  fees  or  taxes or as payment of any
 4    other fee, as provided in this Act, except fees  received  by
 5    the  Secretary  under  paragraph  (7)  of  subsection  (b) of
 6    Section 5-101 and  Section  5-109  of  this  Code,  shall  be
 7    deposited  in the Road Fund in the State Treasury.  Moneys in
 8    the Road Fund shall be used  for  the  purposes  provided  in
 9    Section 8.3 of the State Finance Act.
10        (h)  (Blank).
11        (i)  (Blank).
12        (j)  (Blank).
13        (k)  There  is  created  in  the State Treasury a special
14    fund to be known as the Secretary of  State  Special  License
15    Plate  Fund.  Money deposited into the Fund shall, subject to
16    appropriation, be used by the  Office  of  the  Secretary  of
17    State  (i)  to  help  defray  plate  manufacturing  and plate
18    processing costs  for  the  issuance  and,  when  applicable,
19    renewal  of  any  new or existing special registration plates
20    authorized under this Code and (ii) for grants  made  by  the
21    Secretary   of   State  to  benefit  Illinois  Veterans  Home
22    libraries.
23        On or before October 1,  1995,  the  Secretary  of  State
24    shall  direct  the  State  Comptroller and State Treasurer to
25    transfer any unexpended balance in the Special  Environmental
26    License  Plate  Fund,  the Special Korean War Veteran License
27    Plate Fund, and the Retired Congressional License Plate  Fund
28    to the Secretary of State Special License Plate Fund.
29        (l)  The  Motor Vehicle Review Board Fund is created as a
30    special fund in the State Treasury.   Moneys  deposited  into
31    the  Fund  under  paragraph  (7) of subsection (b) of Section
32    5-101 and Section 5-109 shall, subject to  appropriation,  be
33    used  by  the  Office of the Secretary of State to administer
34    the Motor Vehicle Review Board, including without  limitation
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 1    payment  of  compensation and all necessary expenses incurred
 2    in administering the Motor Vehicle  Review  Board  under  the
 3    Motor Vehicle Franchise Act.
 4        (m)  Effective  July  1,  1996,  there  is created in the
 5    State Treasury a special fund  to  be  known  as  the  Family
 6    Responsibility  Fund.   Moneys deposited into the Fund shall,
 7    subject to appropriation,  be  used  by  the  Office  of  the
 8    Secretary  of  State  for the purpose of enforcing the Family
 9    Financial Responsibility Law.
10        (n) (k)  The Illinois Fire  Fighters'  Memorial  Fund  is
11    created  as  a  special  fund  in the State Treasury.  Moneys
12    deposited into the Fund shall, subject to  appropriation,  be
13    used by the Office of the State Fire Marshal for construction
14    of  the Illinois Fire Fighters' Memorial to be located at the
15    State Capitol grounds in  Springfield,  Illinois.   Upon  the
16    completion  of  the  Memorial,  the  Office of the State Fire
17    Marshal  shall  certify   to   the   State   Treasurer   that
18    construction of the Memorial has been completed.
19        (o)  Of the money collected for each certificate of title
20    for  all-terrain  vehicles  and  off-highway motorcycles, $17
21    shall be deposited into the Off-Highway Vehicle Trails Fund.
22    (Source: P.A. 88-333; 88-485; 88-589, eff.  8-14-94;  88-670,
23    eff.  12-2-94;  89-92,  eff.  7-1-96;  89-145,  eff. 7-14-95;
24    89-282, eff.  8-10-95;  89-612,  eff.  8-9-96;  89-626,  eff.
25    8-9-96; 89-639, eff. 1-1-97; revised 9-9-96.)
26        (625 ILCS 5/3-101) (from Ch. 95 1/2, par. 3-101)
27        Sec. 3-101.  Certificate of title required. (a) Except as
28    provided  in Section 3-102, every owner of a vehicle which is
29    in this State and for which no certificate of title has  been
30    issued  by  the  Secretary of State shall make application to
31    the Secretary of State for a  certificate  of  title  of  the
32    vehicle.
33        (b)  Every  owner  of  a motorcycle or motor driven cycle
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 1    purchased new  on  and  after  January  1,  1980  shall  make
 2    application  to  the  Secretary of State for a certificate of
 3    title.  However, if such cycle is not  properly  manufactured
 4    or   equipped   for  general  highway  use  pursuant  to  the
 5    provisions of this Act, it shall not be eligible for  license
 6    registration,  but  shall be issued a distinctive certificate
 7    of title except as provided in Sections 3-102  and  3-110  of
 8    this Act.
 9        (c)  The  Secretary  of State shall not register or renew
10    the registration of a vehicle unless a certificate  of  title
11    has  been issued by the Secretary of State to the owner or an
12    application therefor has been delivered by the owner  to  the
13    Secretary of State.
14        (d)  Every owner of an all-terrain vehicle or off-highway
15    motorcycle  purchased  on or after January 1, 1998 shall make
16    application to the Secretary of State for  a  certificate  of
17    title.
18    (Source: P.A. 81-561.)
19        (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
20        Sec. 3-821. Miscellaneous Registration and Title Fees.
21        (a)  The fee to be paid to the Secretary of State for the
22    following  certificates, registrations or evidences of proper
23    registration, or for corrected or duplicate  documents  shall
24    be in accordance with the following schedule:
25        Certificate  of Title, except for an all-terrain
26    vehicle or off-highway motorcycle                         $13
27        Certificate of Title for an all-terrain  vehicle
28    or off-highway motorcycle                                  30
29        Certificate  of Title for an all-terrain vehicle
30    or  off-highway  motorcycle  used   for   production
31    agriculture                                                13
32        Transfer  of  Registration  or  any  evidence of
33    proper registration                                        12
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 1        Reclassification                                        5
 2        Duplicate Registration Card for plates or  other
 3    evidence of proper registration                             2
 4        Duplicate Registration Sticker or Stickers, each        4
 5        Duplicate Certificate of Title                         13
 6        Corrected  Registration  Card  or Card for other
 7    evidence of proper registration                             2
 8        Corrected Certificate of Title                         13
 9        Salvage Certificate                                     3
10        Fleet Reciprocity Permit                               12
11        Prorate Decal                                           1
12        Prorate Backing Plate                                   2
13        There shall be no fee paid for a Junking Certificate.
14        (b)  The Secretary  may  prescribe  the  maximum  service
15    charge  to  be  imposed  upon  an  applicant for renewal of a
16    registration by any person authorized by law to  receive  and
17    remit  or  transmit to the Secretary such renewal application
18    and fees therewith.
19        (c)  If a  check  is  delivered  to  the  Office  of  the
20    Secretary  of  State as  payment of any fee or tax under this
21    Code, and such check is not honored by the bank on  which  it
22    is  drawn  for  any  reason,  the  registrant or other person
23    tendering the check remains liable for the  payment  of  such
24    fee  or  tax.  The  Secretary  of  State may assess a service
25    charge of $15 in addition to the fee or tax due and owing for
26    all dishonored checks.
27        If the total amount then due and owing  exceeds  the  sum
28    of  $50 and has not been paid in full within 60 days from the
29    date such fee or tax became due to the  Secretary  of  State,
30    the Secretary of State shall assess  a penalty of 25% of such
31    amount remaining unpaid.
32        All  amounts payable under this Section shall be computed
33    to the nearest dollar.
34        (d)  The minimum fee and tax to be paid by any  applicant
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 1    for  apportionment  of  a  fleet  of vehicles under this Code
 2    shall be $12 if the application was filed on  or  before  the
 3    date  specified by the Secretary together with fees and taxes
 4    due.  If an application and the fees or taxes due  are  filed
 5    after  the date specified by the Secretary, the Secretary may
 6    prescribe the payment of interest at the rate of  1/2  of  1%
 7    per  month  or  fraction  thereof  after  such due date and a
 8    minimum of $6.
 9        (e)  Trucks, truck tractors, truck tractors  with  loads,
10    and  motor  buses,  any  one of which having a combined total
11    weight in excess of 12,000 lbs. shall file an application for
12    a Fleet Reciprocity Permit issued by the Secretary of  State.
13    This  permit  shall  be  in  the  possession  of  any  driver
14    operating  a  vehicle  on  Illinois  highways.   Any  foreign
15    licensed vehicle of the second division operating at any time
16    in  Illinois  without  a  Fleet  Reciprocity  Permit or other
17    proper Illinois registration, shall subject the  operator  to
18    the  penalties  provided  in Section 3-834 of this Code.  For
19    the purposes of this Code, "Fleet Reciprocity  Permit"  means
20    any  second division motor vehicle with a foreign license and
21    used only in interstate transportation of goods.  The fee for
22    such permit shall be $12 per fleet which  shall  include  all
23    vehicles of the fleet being registered.
24        (f)  For  purposes  of this Section, "all-terrain vehicle
25    or off-highway motorcycle used  for  production  agriculture"
26    means  any all-terrain vehicle or off-highway motorcycle used
27    in the raising of or the propagation of livestock, crops  for
28    sale  for human consumption, crops for livestock consumption,
29    and production seed stock grown for the propagation  of  feed
30    grains  and  the  husbandry  of animals or for the purpose of
31    providing a food product, including the  husbandry  of  blood
32    stock   as  a  main  source  of  providing  a  food  product.
33    "All-terrain  vehicle  or  off-highway  motorcycle  used   in
34    production agriculture" also means any all-terrain vehicle or
HB0489 Engrossed            -14-               LRB9002692NTsb
 1    off-highway    motorcycle    used    in   animal   husbandry,
 2    floriculture, aquaculture, horticulture, and viticulture.
 3    (Source: P.A. 87-1225; 88-78.)
 4        (625 ILCS 5/11-1426) (from Ch. 95 1/2, par. 11-1426)
 5        Sec. 11-1426.   Operation  of  all-terrain  vehicles  and
 6    off-highway motorcycles on streets, roads and highways.
 7        (a)  Except  as  provided under this Section, it shall be
 8    unlawful for any person to drive or operate  any  all-terrain
 9    vehicle or off-highway motorcycle upon any street, highway or
10    roadway in this State.
11        (b)  Except  as  provided  under  subsection  (c) of this
12    Section, all-terrain vehicles and off-highway motorcycles may
13    make a direct crossing provided:
14             (1)  The  crossing  is   made   at   an   angle   of
15        approximately  90 degrees to the direction of the street,
16        road or highway and  at  a  place  where  no  obstruction
17        prevents a quick and safe crossing; and
18             (2)  The    all-terrain   vehicle   or   off-highway
19        motorcycle  is  brought  to  a   complete   stop   before
20        attempting a crossing; and
21             (3)  The  operator  of  the  all-terrain  vehicle or
22        off-highway motorcycle yields the right  of  way  to  all
23        pedestrian  and  vehicular  traffic  which  constitutes a
24        hazard; and
25             (4)  That  when  crossing  a  divided  highway,  the
26        crossing is made only at an intersection of  the  highway
27        with another public street, road, or highway; and
28             (5)  That   when   accessing  township  roadways  in
29        counties which contain a tract of  the  Shawnee  National
30        Forest,  the accessing complies with rules promulgated by
31        the  Department  of  Natural  Resources  to  govern   the
32        accessing.
33        (c)  No   person  operating  an  all-terrain  vehicle  or
HB0489 Engrossed            -15-               LRB9002692NTsb
 1    off-highway motorcycle shall make a direct crossing  upon  or
 2    across any tollroad, interstate highway, or controlled access
 3    highway in this State.
 4        (d)  The   corporate   authorities   of  a  county,  road
 5    district, township, city, village, or incorporated  town  may
 6    adopt ordinances or resolutions allowing all-terrain vehicles
 7    and  off-highway motorcycles to be operated on roadways under
 8    their jurisdiction, designated by signs as may be  prescribed
 9    by  the Department, when it is necessary to cross a bridge or
10    culvert or when it is impracticable to gain immediate  access
11    to an area adjacent to a highway where an all-terrain vehicle
12    or  off-highway  motorcycle  is to be operated.  The crossing
13    shall be made in the same direction as traffic.
14        (e)  The  corporate  authorities  of   a   county,   road
15    district,  township,  city, village, or incorporated town may
16    adopt ordinances  or  resolutions  designating  one  or  more
17    specific  public highways or streets under their jurisdiction
18    as egress and ingress  routes  for  the  use  of  all-terrain
19    vehicles   and   off-highway   motorcycles.    Operation   of
20    all-terrain  vehicles  and  off-highway  motorcycles  on  the
21    routes  shall be in the same direction as traffic.  Corporate
22    authorities acting under the authority of this subsection (e)
23    shall erect and maintain signs, as may be prescribed  by  the
24    Department, giving proper notice of the designation.
25    (Source: P.A. 89-445, eff. 2-7-96.)
26        (625 ILCS 5/11-1427)
27        Sec.   11-1427.   11.1427.  Illegal   operation   of   an
28    all-terrain vehicle or off-highway motorcycle. It is unlawful
29    for any person to drive or operate any all-terrain vehicle or
30    off-highway motorcycle in the following ways:
31        (a)  Careless  Operation.   No  person  shall operate any
32    all-terrain vehicle or off-highway motorcycle in  a  careless
33    or  heedless  manner  so  as to be grossly indifferent to the
HB0489 Engrossed            -16-               LRB9002692NTsb
 1    person or property of other persons, or at a  rate  of  speed
 2    greater  than  will  permit him in the exercise of reasonable
 3    care  to  bring  the  all-terrain  vehicle   or   off-highway
 4    motorcycle to a stop within the assured clear distance ahead.
 5        (b)  Reckless  Operation.  No  person  shall  operate any
 6    all-terrain vehicle  or  off-highway  motorcycle  in  such  a
 7    manner  as  to  endanger  the  life,  limb or property of any
 8    person.
 9        (c)  Within any nature preserve  as  defined  in  Section
10    3.11 of the Illinois Natural Areas Preservation Act.
11        (d)  On  the  tracks  or  right  of  way  of an operating
12    railroad.
13        (e)  In any tree nursery or planting in  a  manner  which
14    damages  or  destroys growing stock, or creates a substantial
15    risk thereto.
16        (f)  On private property, without the written  or  verbal
17    consent  of the owner or lessee thereof. Any person operating
18    an all-terrain vehicle or off-highway motorcycle  upon  lands
19    of  another  shall stop and identify himself upon the request
20    of the landowner or his duly authorized representative,  and,
21    if  requested to do so by the landowner shall promptly remove
22    the all-terrain vehicle or off-highway  motorcycle  from  the
23    premises.
24        (g)  Notwithstanding  any  other  law to the contrary, an
25    owner, lessee, or occupant of premises owes no duty  of  care
26    to  keep the premises safe for entry or use by others for use
27    by an all-terrain vehicle or off-highway  motorcycle,  or  to
28    give  warning of any condition, use, structure or activity on
29    such  premises.  This  subsection  does   not   apply   where
30    permission  to  drive  or  operate  an all-terrain vehicle or
31    off-highway motorcycle is given for a valuable  consideration
32    other  than  to  this  State,  any  political  subdivision or
33    municipality of this State, or any landowner who is paid with
34    funds from the Off-Highway Vehicle Trails Fund.  In the  case
HB0489 Engrossed            -17-               LRB9002692NTsb
 1    of  land  leased  to the State or a subdivision of the State,
 2    any consideration  received  is  not  valuable  consideration
 3    within the meaning of this Section.
 4        Nothing  in  this  subsection limits in any way liability
 5    which otherwise exists for willful or  malicious  failure  to
 6    guard  or warn against a dangerous condition, use, structure,
 7    or activity.
 8        (h)  On  publicly  owned  lands  unless  such  lands  are
 9    designated for use by  all-terrain  vehicles  or  off-highway
10    motorcycles.  For  publicly  owned lands to be designated for
11    use by all-terrain  vehicles  or  off-highway  motorcycles  a
12    public  hearing shall be conducted by the governmental entity
13    that has jurisdiction over the proposed  land  prior  to  the
14    designation.
15        Nothing  in  this  subsection limits in any way liability
16    which otherwise exists for willful or  malicious  failure  to
17    guard  or warn against a dangerous condition, use, structure,
18    or activity.
19        (h-1)  At a rate of speed too fast  for  conditions,  and
20    the  fact  that  the  speed  of  the  all-terrain  vehicle or
21    off-highway motorcycle does not exceed the applicable maximum
22    speed limit allowed does not relieve the driver from the duty
23    to decrease speed as may be necessary to avoid colliding with
24    any person, vehicle, or object within legal requirements  and
25    the duty of all persons to use due care.
26        (h-2)  On  the  frozen  surface  of public waters of this
27    State within 100 feet of a person, including a skater, not in
28    or upon an all-terrain  vehicle  or  off-highway  motorcycle;
29    within 100 feet of a person engaged in fishing, except at the
30    minimum  speed  required  to maintain forward movement of the
31    all-terrain vehicle or off-highway  motorcycle;  on  an  area
32    which  has  been  cleared of snow for skating purposes unless
33    the area is necessary for access to the frozen waters of this
34    State.
HB0489 Engrossed            -18-               LRB9002692NTsb
 1        (h-3)  Within 100 feet of a dwelling between midnight and
 2    6 a.m. at a  speed  greater  than  the  minimum  required  to
 3    maintain  forward  movement  of  the  all-terrain  vehicle or
 4    off-highway motorcycle. This subdivision (h-5) does not apply
 5    on private property where verbal or written  consent  of  the
 6    owner  or  lessee  has  been  granted  to drive or operate an
 7    all-terrain  vehicle  or  off-highway  motorcycle  upon   the
 8    private property or frozen waters of this State.
 9        (i)  Other Prohibitions.
10             (1) No  person,  except  persons  permitted  by law,
11        shall  operate  or  ride  any  all-terrain   vehicle   or
12        off-highway  motorcycle  with  any  firearm in his or her
13        possession unless he or she is in compliance with Section
14        2.33 of the Wildlife Code it is unloaded and enclosed  in
15        a  carrying  case,  or  any  bow unless it is unstrung or
16        rendered unable to fire and is in a carrying case.
17             (2)  No person shall operate any all-terrain vehicle
18        or  off-highway   motorcycle   emitting   pollutants   in
19        violation   of  standards  established  pursuant  to  the
20        Environmental Protection Act.
21             (3)  No person shall  deposit  from  an  all-terrain
22        vehicle  or  off-highway  motorcycle  on the snow, ice or
23        ground  surface,   trash,   glass,   garbage,   insoluble
24        material, or other offensive matter.
25    (Source: P.A. 86-1091; revised 1-6-97.)
26        (625 ILCS 5/11-1427.1 new)
27        Sec.  11-1427.1.  Operation  of an all-terrain vehicle or
28    off-highway motorcycle  on  ice.   All-terrain  vehicles  and
29    off-highway  motorcycles may be operated on the frozen waters
30    of this State subject to the provisions of this  Section  and
31    the rules of the Department of Natural Resources.
32        (625 ILCS 5/11-1427.2 new)
HB0489 Engrossed            -19-               LRB9002692NTsb
 1        Sec.    11-1427.2.  Special    all-terrain   vehicle   or
 2    off-highway motorcycle event. Nothing  contained  in  Section
 3    11-1426, 11-1427, or 11-1427.1 shall be construed to prohibit
 4    any  local authority of this State from designating a special
 5    all-terrain vehicle or off-highway motorcycle event. In  such
 6    case   the  provisions  of  Sections  11-1426,  11-1427,  and
 7    11-1427.1 shall not apply to  areas  or  highways  under  the
 8    jurisdiction of that local authority.
 9        (625 ILCS 5/11-1427.3 new)
10        Sec.   11-1427.3.  Rules  for  all-terrain  vehicles  and
11    off-highway motorcycles. The Department of Natural  Resources
12    shall  adopt rules to implement and administer the provisions
13    of Sections 11-1426, 11-1427, 11-1427.1, and 11-1427.2.
14        (625 ILCS 5/11-1427.4 new)
15        Sec.  11-1427.4.  Signal  from  officer  to   stop.    An
16    all-terrain vehicle or off-highway motorcycle operator, after
17    having  received  a  visual  or  audible  signal  from  a law
18    enforcement officer to come to a stop, may not:
19        (1)  operate  an  all-terrain  vehicle   or   off-highway
20    motorcycle  in  willful  or wanton disregard of the signal to
21    stop;
22        (2)  interfere  with  or  endanger  the  law  enforcement
23    officer or another person or vehicle; or
24        (3)  increase speed or  attempt  to  flee  or  elude  the
25    officer.

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