Full Text of SB2713 100th General Assembly
SB2713enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 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 10, 15, 20, 25, and 26 and by | 6 | | adding Sections 12, 13, 25.5, 36.5, and 55 as follows:
| 7 | | (20 ILCS 862/10)
| 8 | | Sec. 10. Definitions. As used in this Act:
| 9 | | "Board" means the State Off-Highway Vehicle Trails | 10 | | Advisory Board.
| 11 | | "Department" means the Department of Natural Resources.
| 12 | | "Director" means the Director of Natural Resources.
| 13 | | "Facilities" means equipment or other man-made improvement | 14 | | that is directly associated with, and provided for, a | 15 | | recreational trail. Typical recreational trail facilities | 16 | | include signage, gates, culverts, trail bridges, railings, | 17 | | benches, security cameras, security lighting, aggregate and | 18 | | other erosion control measures, picnic shelters, informational | 19 | | kiosks, and vault toilets. | 20 | | "Fund" means the Off-Highway Vehicle Trails Fund.
| 21 | | "Off-highway vehicle" means a motor-driven recreational | 22 | | vehicle capable of
cross-country travel on natural terrain | 23 | | without benefit of a road or
trail, including an all-terrain |
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| 1 | | vehicle and off-highway motorcycle as defined
in
the Illinois | 2 | | Vehicle Code. "Off-highway vehicle" does not include a | 3 | | snowmobile;
a motorcycle; a watercraft; snow-grooming | 4 | | equipment when used for its
intended purpose; or an aircraft.
| 5 | | "Recreational trail" means a thoroughfare or track across | 6 | | land or snow or along water , used for recreational purposes | 7 | | such as bicycling, cross-country skiing, day
hiking, | 8 | | equestrian activities, jogging or similar fitness activities, | 9 | | trail
biking, overnight and long-distance backpacking, | 10 | | snowmobiling, aquatic or
water activity, and vehicular travel | 11 | | by motorcycle or
off-highway vehicles.
| 12 | | (Source: P.A. 97-1136, eff. 1-1-13.)
| 13 | | (20 ILCS 862/12 new) | 14 | | Sec. 12. Recreational Trail Programs; powers and | 15 | | authorities. | 16 | | (a) The Department may expend funds for recreational trail | 17 | | program purposes. The Department may: plan, survey, design, | 18 | | develop, operate, and maintain recreational trails and related | 19 | | facilities of the State; prepare, or cause to be prepared, | 20 | | those plans, specifications, and other documents as are | 21 | | necessary to advertising for and the taking and acceptance of | 22 | | bids and letting of construction contracts for those | 23 | | recreational trail projects, as required in the Illinois | 24 | | Procurement Code; enter into contracts for construction | 25 | | management or supervision on all recreational trail projects |
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| 1 | | constructed; enter into contracts for professional services | 2 | | for planning, testing, design, or consulting on all | 3 | | recreational trail projects constructed; and acquire land, | 4 | | waters, structures, and interests in land, waters, and | 5 | | structures for those areas and related facilities. The | 6 | | Department may enter into contracts and agreements with the | 7 | | United States or any appropriate or allowable federal entity, | 8 | | keep financial and other records, and furnish to appropriate | 9 | | officials and agencies of the United States reports and | 10 | | information as may be reasonably necessary to enable those | 11 | | officials and agencies to perform their duties under those | 12 | | programs. In connection with obtaining for the State the | 13 | | benefits of any program, the Department shall coordinate its | 14 | | activities with and represent the interest of all agencies of | 15 | | the State and units of local government and with appropriate | 16 | | and allowable not-for-profit and private organizations having | 17 | | interests in the acquisition, planning, development, and | 18 | | maintenance of recreational trail resources and related | 19 | | facilities within the State. | 20 | | (b) The Department may execute projects for recreational | 21 | | trail purposes using funds made available to the Department | 22 | | from State appropriations, the federal government, and other | 23 | | public and private sources in the exercise of its statutory | 24 | | powers and duties. Projects involving participating | 25 | | federal-aid funds may be undertaken by the Department after it | 26 | | has been determined that sufficient funds are available to the |
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| 1 | | Department for meeting the non-federal share of project costs. | 2 | | It is the legislative intent that, to the extent as may be | 3 | | necessary to assure the proper operation, maintenance, and | 4 | | preservation of areas and facilities surveyed, acquired, or | 5 | | developed under any program participated in by this State under | 6 | | authority of this Act, the areas and facilities shall be | 7 | | maintained for public recreational trail purposes. The | 8 | | Department may enter into and administer agreements with the | 9 | | United States or any appropriate federal agency for survey, | 10 | | planning, acquisition, development, and preservation projects | 11 | | involving participating federal-aid funds on behalf of any | 12 | | federal, State, or local unit of government or appropriate and | 13 | | allowable not-for-profit or private organizations, provided | 14 | | the federal, State, or local unit of government or appropriate | 15 | | and allowable not-for-profit or private organization, gives | 16 | | necessary assurances to the Department that it has available | 17 | | sufficient funds to meet its share of the cost of the project | 18 | | and that the surveyed, acquired, or developed areas and | 19 | | facilities will be operated and maintained at its expense for | 20 | | public recreational trail use. | 21 | | (c) The Department may enter into agreements as necessary | 22 | | with the Federal Highway Administration, or any successor | 23 | | agency, for the purpose of authorizing federal obligation | 24 | | limitations for projects under the federal Recreational Trails | 25 | | Program. The Department and the Department of Transportation | 26 | | shall enter into an inter-agency agreement to closely |
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| 1 | | coordinate the obligation of projects authorized by the | 2 | | Illinois Division Office of the Federal Highway Administration | 3 | | to maximize federal funding opportunities. | 4 | | (20 ILCS 862/13 new) | 5 | | Sec. 13. Recreational Trail Programs; Greenways and Trails | 6 | | Advisory Council. | 7 | | (a) To provide for public discourse and participation on | 8 | | recreational trails within the State, assist in statewide | 9 | | recreational trail outreach and public involvement, provide a | 10 | | forum to discuss statewide recreational trail user issues and | 11 | | recreational trail management, the Department shall establish | 12 | | a State recreational trail advisory council that represents | 13 | | both motorized and non-motorized recreational trail users, | 14 | | which shall, at a minimum, meet 2 times per fiscal year. | 15 | | (b) The State Greenways and Trails Advisory Council is | 16 | | created and shall consist of members comprised of recreational | 17 | | trail users, and local, State, and federal agency officials. | 18 | | The members shall be appointed by the Director from nominations | 19 | | submitted by the public, recreational trail user | 20 | | organizations, and government agencies. The Council shall | 21 | | contain 11 recreational trail user members, one representing | 22 | | each of the following recreational trail activities: | 23 | | (1) non-motorized water sports paddling; | 24 | | (2) motorized off-road motorcycle; | 25 | | (3) non-motorized hiking pedestrian; |
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| 1 | | (4) motorized all-terrain vehicle; | 2 | | (5) non-motorized road and trail cycling; | 3 | | (6) motorized snowmobile; | 4 | | (7) non-motorized equestrian; | 5 | | (8) motorized snowmobile; | 6 | | (9) non-motorized mountain bike; | 7 | | (10) recreational trail users with disabilities; and | 8 | | (11) a diverse, multi-use, multi-purpose outdoor | 9 | | recreational trail and facility user group. | 10 | | The Council shall contain local, State, and federal agency | 11 | | members representing the following organizations: | 12 | | (1) one member from a local government or planning | 13 | | commission; | 14 | | (2) one member from the Department of Transportation; | 15 | | (3) one member from the Federal Highway | 16 | | Administration; | 17 | | (4) one member from the Department of Natural Resources | 18 | | Grant Administration; and | 19 | | (5) one member from the Department of Natural Resources | 20 | | Recreational Trails Program. | 21 | | (c) Council member terms shall be 4 years, beginning on | 22 | | January 1 and ending on December 31. Two members of the Council | 23 | | shall also be members of the Department's State Off-Highway | 24 | | Vehicle Trails Advisory Board. | 25 | | (d) The Council shall serve 2 functions: | 26 | | (1) As the advisory Council to the federal Recreational |
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| 1 | | Trails Program, members of the Council shall help develop | 2 | | the State's recreational trail priorities and assist the | 3 | | Department to ensure program eligibility and criteria are | 4 | | met as prescribed by the federal program guidelines. | 5 | | (2) As the forum for government agencies, the Council | 6 | | shall: | 7 | | (A) encourage public awareness of the natural, | 8 | | recreational, environmental, water quality, cultural, | 9 | | transportation, and economic benefits of greenways and | 10 | | recreational trails; | 11 | | (B) encourage cooperation among user groups; | 12 | | (C) coordinate agency and organizations actions in | 13 | | an effort to create and maintain a statewide network of | 14 | | greenways and recreational trails; | 15 | | (D) encourage the development of partnerships | 16 | | among the public and private sectors; | 17 | | (E) support volunteerism to provide, protect, | 18 | | develop, and maintain greenways and recreational | 19 | | trails; and | 20 | | (F) advise the Department on greenways and | 21 | | recreational trails planning, policies, and programs.
| 22 | | (20 ILCS 862/15)
| 23 | | Sec. 15. Off-Highway vehicle trails grants; Off-Highway | 24 | | Vehicle Trails Fund.
| 25 | | (a) The Off-Highway Vehicle Trails Fund is created as a |
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| 1 | | special fund in the
State treasury.
Money from federal, State, | 2 | | and private sources may be
deposited into the Fund.
Fines | 3 | | assessed by the Department of Natural Resources for citations | 4 | | issued to
off-highway vehicle operators shall be deposited into | 5 | | the
Fund. All interest accrued on the Fund shall be deposited | 6 | | into the Fund.
| 7 | | (b) All money in the Fund shall be used, subject to | 8 | | appropriation, by the
Department for the following
purposes:
| 9 | | (1) Grants for construction of off-highway vehicle | 10 | | recreational trails on
county, municipal, other units of | 11 | | local government, or private lands where a
recreational | 12 | | need for
the construction is shown.
| 13 | | (2) Grants for maintenance and construction of | 14 | | off-highway vehicle
recreational
trails on federal
lands, | 15 | | where permitted by law.
| 16 | | (3) Grants for development of off-highway vehicle | 17 | | trail-side facilities in
accordance
with criteria
approved | 18 | | by the National Recreational Trails Advisory Committee.
| 19 | | (4) Grants for acquisition of property from willing | 20 | | sellers for
off-highway vehicle
recreational
trails when | 21 | | the objective of a trail cannot be accomplished by other | 22 | | means.
| 23 | | (5) Grants for development of urban off-highway | 24 | | vehicle trail linkages
near homes and
workplaces.
| 25 | | (6) Grants for maintenance of existing off-highway | 26 | | vehicle recreational
trails,
including the
grooming and |
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| 1 | | maintenance of trails across snow.
| 2 | | (7) Grants for restoration of areas damaged by usage of | 3 | | off-highway
vehicle
recreational trails and
back country | 4 | | terrain.
| 5 | | (8) Grants for provision of features that facilitate | 6 | | the access and use of
off-highway vehicle trails
by persons | 7 | | with disabilities.
| 8 | | (9) Grants for acquisition of easements for | 9 | | off-highway vehicle trails or
for trail
corridors.
| 10 | | (10) Grants for a rider education and safety program.
| 11 | | (11) Administration, enforcement, planning, and | 12 | | implementation of this Act
and
all Sections of the Illinois | 13 | | Vehicle Code which regulate the operation of off-highway | 14 | | vehicles as defined in this Act.
| 15 | | (c) The Department may not use the money from the Fund for | 16 | | the
following purposes:
| 17 | | (1) Condemnation of any kind of interest in property.
| 18 | | (2) Construction of any recreational trail on National | 19 | | Forest System
land for motorized uses unless those lands
| 20 | | have been allocated for uses other than wilderness by an | 21 | | approved
forest land and resource management plan or have | 22 | | been released to uses
other than wilderness by an Act of | 23 | | Congress, and
the construction is otherwise consistent | 24 | | with the management
direction in the approved land and | 25 | | resource management plan.
| 26 | | (3) Construction of motorized recreational trails on |
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| 1 | | Department owned or
managed land.
| 2 | | (d) The Department shall establish a program to administer | 3 | | grants from the
Fund to units of local government, | 4 | | not-for-profit organizations, and
other groups to operate, | 5 | | maintain, and acquire land for off-highway vehicle
parks that | 6 | | are open and accessible to the public.
| 7 | | (e) The monies deposited into the Off-Highway Vehicle | 8 | | Trails Fund under this Section shall not be subject to | 9 | | administrative charges or chargebacks unless otherwise | 10 | | authorized by this Act. | 11 | | (Source: P.A. 96-279, eff. 1-1-10; 97-1136, eff. 1-1-13.)
| 12 | | (20 ILCS 862/20)
| 13 | | Sec. 20. Off-Highway vehicle trails grant projects; State | 14 | | Off-Highway Vehicle Trails Advisory Board.
| 15 | | (a) There is created the
State Off-Highway Vehicle Trails | 16 | | Advisory Board.
The Board shall consist of
5 members, one from | 17 | | each of the following organizations, except for the
Illinois | 18 | | off-road riders and all-terrain vehicle clubs, which shall have | 19 | | 2
members, appointed
by the Director from nominations submitted
| 20 | | by
the following organizations:
| 21 | | (1) The Department of Natural Resources, to vote only | 22 | | in the case of a
tie.
| 23 | | (2) (Blank).
| 24 | | (3) The American Motorcycle Association.
| 25 | | (4) ABATE of Illinois.
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| 1 | | (5) Illinois off-road riders and all-terrain vehicle | 2 | | clubs.
| 3 | | The length of terms of members
shall be 2 years, beginning | 4 | | on January 1 and ending on December 31. The
Board shall meet | 5 | | beginning in January of 1998.
Procedures for conduct of the | 6 | | Board's business
shall
be established by the Department by | 7 | | rule. Two members of the Board shall also
be members of the | 8 | | Department's State Greenways and Trails Advisory Council | 9 | | Illinois Trails Advisory Board .
| 10 | | (b) The Board shall evaluate and recommend to the Director | 11 | | recreational
trail projects for funding consistent with the | 12 | | purposes set forth in
subsection (b) of Section 15.
To the | 13 | | extent practicable and consistent with other
requirements of | 14 | | this Act, the Board and the Director shall give preference
to | 15 | | project proposals that:
| 16 | | (1) provide for the greatest number of compatible | 17 | | recreational
purposes including, but not limited to, those | 18 | | described under the
definition of "recreational trail" in | 19 | | Section 10;
| 20 | | (2) provide for innovative recreational trail corridor | 21 | | sharing to
accommodate motorized recreational trail use; | 22 | | or
| 23 | | (3) provide for seasonal designation of trails.
| 24 | | (Source: P.A. 90-287, eff. 1-1-98; 91-441, eff. 1-1-00.)
| 25 | | (20 ILCS 862/25)
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| 1 | | Sec. 25. Off-Highway vehicle trails grants; use Use of | 2 | | funds on private lands; conditions. As a condition to
making | 3 | | available Off-Highway Vehicle Trails Fund grant moneys for work | 4 | | on recreational trails that would affect
privately owned land, | 5 | | the Department shall obtain written assurances that
the owner | 6 | | of the property will cooperate and participate as necessary in
| 7 | | the activities to be conducted. Any use of Off-Highway Vehicle | 8 | | Trails Fund grant moneys on private lands must be
accompanied | 9 | | by an easement or other legally binding agreement that ensures
| 10 | | public access to the recreational trail improvements funded by | 11 | | those moneys.
| 12 | | (Source: P.A. 90-287, eff. 1-1-98.)
| 13 | | (20 ILCS 862/25.5 new) | 14 | | Sec. 25.5. Off-Highway vehicle trails public access | 15 | | sticker. | 16 | | (a) An Off-Highway vehicle trails public access sticker is | 17 | | a separate and additional requirement from the Off-Highway | 18 | | Vehicle Usage Stamp under Section 26 of this Act. | 19 | | (b) Except as provided in subsection (c) of this Section, a | 20 | | person
may not operate and an owner may not give permission to | 21 | | another to operate an
off-highway vehicle on lands or waters in | 22 | | public off-highway vehicle
parks paid for, operated, or | 23 | | supported by the grant program
established under subsection (d) | 24 | | of Section 15 of this Act unless the off-highway vehicle
| 25 | | displays an Off-Highway vehicle trails public access sticker in |
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| 1 | | a manner prescribed
by the Department by rule. | 2 | | (c) An off-highway vehicle does not need a public access | 3 | | sticker if the
off-highway vehicle is used on private land or | 4 | | if the off-highway vehicle is
owned by the State, the federal | 5 | | government, or a unit of local government. | 6 | | (d) The Department shall issue the public access stickers | 7 | | and shall charge
the following fees: | 8 | | (1) $30 for 3 years for individuals; | 9 | | (2) $50 for 3 years for rental units; | 10 | | (3) $75 for 3 years for dealer and manufacturer | 11 | | demonstrations and
research; | 12 | | (4) $50 for 3 years for an all-terrain vehicle or | 13 | | off-highway motorcycle
used for production agriculture, as | 14 | | defined in Section 3-821 of the Illinois
Vehicle Code; | 15 | | (5) $50 for 3 years for residents of a State other than | 16 | | Illinois that
does not have a reciprocal agreement with the | 17 | | Department, under
subsection (e) of this Section; and | 18 | | (6) $50 for 3 years for an all-terrain vehicle or | 19 | | off-highway motorcycle
that does not have a title. | 20 | | The Department, by administrative rule, may make replacement | 21 | | stickers available
at a reduced cost. The fees for public | 22 | | access stickers shall be deposited
into the Off-Highway
Vehicle | 23 | | Trails Fund. | 24 | | (e) The Department may enter into reciprocal agreements | 25 | | with
other states that have a similar Off-Highway vehicle | 26 | | trails public access sticker
program to allow residents of |
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| 1 | | those states to operate off-highway vehicles on
land or lands | 2 | | or waters in public off-highway vehicle parks paid for, | 3 | | operated,
or supported by the off-highway vehicle trails grant | 4 | | program established under subsection (d) of Section
15 of this | 5 | | Act without acquiring an Off-Highway vehicle trails public | 6 | | access sticker in this State
under subsection (b) of this | 7 | | Section. | 8 | | (f) The Department may license vendors to sell
off-highway | 9 | | vehicle public access stickers. Issuing fees may be set by
| 10 | | administrative rule. | 11 | | (g) Any person participating in an organized competitive | 12 | | event on land or
lands in
off-highway vehicle parks paid for, | 13 | | operated by, or supported by the grant
program
established in | 14 | | subsection (d) of Section 15 shall display the public access
| 15 | | sticker required
under subsection (b) of this Section or pay $5 | 16 | | per event. Fees collected under
this
subsection shall be | 17 | | deposited into the Off-Highway
Vehicle Trails Fund. | 18 | | (20 ILCS 862/26) | 19 | | Sec. 26. Operation of off-highway vehicles without an | 20 | | Off-Highway Vehicle Usage Stamp. | 21 | | (a) An Off-Highway Vehicle Usage Stamp is a separate and | 22 | | additional requirement from the Off-Highway vehicle trails | 23 | | public access sticker under Section 25.5 of this Act. | 24 | | (b) Except as hereinafter provided, no person shall, on or | 25 | | after July 1, 2013, operate any off-highway vehicle within the |
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| 1 | | State unless the off-highway vehicle has attached an | 2 | | Off-Highway Vehicle Usage Stamp purchased and displayed in | 3 | | accordance with the provisions of this Act. The Department | 4 | | shall adopt rules for the purchase of Off-Highway Vehicle Usage | 5 | | Stamps. The fee for an Off-Highway Vehicle Usage Stamp for a | 6 | | vehicle with an engine capacity of over 75 cubic centimeters | 7 | | shall be $15 annually and shall expire the March 31st following | 8 | | the year displayed on the Off-Highway Vehicle Usage Stamp. The | 9 | | Department shall deposit $5 from the sale of each Off-Highway | 10 | | Vehicle Usage Stamp for vehicles with an engine capacity of | 11 | | over 75 cubic centimeters into the Conservation Police | 12 | | Operations Assistance Fund. The Department shall deposit $10 | 13 | | from the sale of each Off-Highway Vehicle Usage Stamp for | 14 | | vehicles with an engine capacity of over 75 cubic centimeters | 15 | | into the Park and Conservation Fund. The fee for an Off-Highway | 16 | | Vehicle Usage Stamp for a vehicle with an engine capacity of 75 | 17 | | cubic centimeters or below shall be $10 annually. The | 18 | | Department shall deposit $5 from the sale of each Off-Highway | 19 | | Vehicle Usage Stamp for vehicles with an engine capacity of 75 | 20 | | cubic centimeters or below into the Conservation Police | 21 | | Operations Assistance Fund. The Department shall deposit $5 | 22 | | from the sale of each Off-Highway Vehicle Usage Stamp for | 23 | | vehicles with an engine capacity of 75 cubic centimeters or | 24 | | below into the Park and Conservation Fund. The monies deposited | 25 | | into the Conservation Police Operations Assistance Fund or the | 26 | | Park and Conservation Fund under this Section shall not be |
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| 1 | | subject to administrative charges or chargebacks unless | 2 | | otherwise authorized by this Act.
| 3 | | (Source: P.A. 97-1136, eff. 1-1-13; 98-820, eff. 8-1-14.) | 4 | | (20 ILCS 862/36.5 new) | 5 | | Sec. 36.5. Off-highway vehicle owner responsibilities. It | 6 | | shall be unlawful for the owner of any off-highway vehicle to | 7 | | knowingly allow any minor child to operate his or her | 8 | | off-highway vehicle in violation of this Act. | 9 | | (20 ILCS 862/55 new) | 10 | | Sec. 55. Rulemaking. The Department may adopt, under the | 11 | | Illinois Administrative Procedure Act, all rules necessary to | 12 | | carry out its duties under this Act.
| 13 | | (20 ILCS 862/30 rep.) | 14 | | (20 ILCS 862/45 rep.) | 15 | | Section 10. The Recreational Trails of Illinois Act is | 16 | | amended by repealing Sections 30 and 45. |
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