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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
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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
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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
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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
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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
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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
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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)
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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.