94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0047


 
Introduced 1/3/2005, by Rep. William B. Black
 
SYNOPSIS AS INTRODUCED:
 		













20 ILCS 862/15









    Amends the Recreational Trails of Illinois Act with respect to the Off-Highway
Vehicle Trails Fund. Allows the Department of Natural Resources to use money from the Fund for construction of motorized recreational trails on Department owned or managed land that is not designated a nature preserve under the Illinois Natural Areas Preservation Act or is not contained in a report submitted under the Illinois Natural Areas Preservation Act. Effective immediately.
















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A BILL FOR









 











HB0047

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    AN ACT concerning recreational trails. 

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 

 
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    Section 5. The Recreational Trails of Illinois Act is 
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amended  by changing Section 15 as follows:
 



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    (20 ILCS 862/15)



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    Sec. 15. Off-Highway Vehicle Trails Fund. 

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    (a) The Off-Highway Vehicle Trails Fund is created as a 
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special fund in the
State treasury.
 Money from federal, State, 
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and private sources may be
deposited into the Fund.
Fines 
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assessed by the Department of Natural Resources for citations 
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issued to
off-highway vehicle operators shall be deposited into 
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the
Fund. All interest accrued on the Fund shall be deposited 
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into the Fund.

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    (b) All money in the Fund shall be used, subject to 
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appropriation, by the
Department for the following
purposes:


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        (1) Grants for construction of off-highway vehicle 
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    recreational trails on
county, municipal, other units of 
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    local government, or private lands where a
recreational 
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    need for
the construction is shown.


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        (2) Grants for maintenance and construction of 
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    off-highway vehicle
recreational
trails on federal
lands, 
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    where permitted by law.


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        (3) Grants for development of off-highway vehicle 
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    trail-side facilities in
accordance
with criteria
approved 
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    by the National Recreational Trails Advisory Committee.


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        (4) Grants for acquisition of property from willing 
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    sellers for
off-highway vehicle
recreational
trails when 
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    the objective of a trail cannot be accomplished by other 
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    means.


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        (5) Grants for development of urban off-highway 
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    vehicle trail linkages
near homes and
workplaces.


 


 






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        (6) Grants for maintenance of existing off-highway 
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    vehicle recreational
trails,
including the
grooming and 
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    maintenance of trails across snow.


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        (7) Grants for restoration of areas damaged by usage of 
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    off-highway
vehicle
recreational trails and
back country 
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    terrain.


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        (8) Grants for provision of features that facilitate 
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    the access and use of
off-highway vehicle trails
by persons 
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    with disabilities.


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        (9) Grants for acquisition of easements for 
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    off-highway vehicle trails or
for trail
corridors.


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        (10) Grants for a rider education and safety program.


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        (11) Administration, enforcement, planning, and 
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    implementation of this Act
and
Sections
11-1426 and 11-1427 
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    of the Illinois Vehicle Code.

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    Of the money used from the Fund for the purposes set forth 
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in this
subsection, at least 92% shall be allocated for 
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motorized recreation and not more than 8% shall be used by the 
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Department for administration, enforcement, planning, and 
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implementation of this Act or diverted from the Fund. The

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Department
shall establish, by rule, measures to verify that 
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recipients of money from
the Fund comply with the specified 
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conditions for the use of the money.

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    (c) The Department may not use the money from the Fund for 
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the
following purposes:


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        (1) Condemnation of any kind of interest in property.


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        (2) Construction of any recreational trail on National 
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    Forest System
land for motorized uses unless those lands

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    have been allocated for uses other than wilderness by an 
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    approved
forest land and resource management plan or have 
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    been released to uses
other than wilderness by an Act of 
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    Congress, and
the construction is otherwise consistent 
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    with the management
direction in the approved land and 
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    resource management plan.


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        (3) Construction of motorized recreational trails on 
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    Department owned or
managed land designated as a nature 
 


 






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    preserve as defined in Section 3.11 of the Illinois Natural 
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    Areas Preservation Act or contained in the report as 
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    submitted pursuant to Section 6.06 of the Illinois Natural 
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    Areas Preservation Act.

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    (d) The Department shall establish a program to administer 
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grants from the
Fund to units of local government, 
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not-for-profit organizations, and
other groups to operate, 
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maintain, and acquire land for off-highway vehicle
parks that 
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are open and accessible to the public.

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(Source: P.A. 93-1050, eff. 11-16-04.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.