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90_HB0489ham002
LRB9002692NTsbam04
1 AMENDMENT TO HOUSE BILL 489
2 AMENDMENT NO. . Amend House Bill 489 by replacing
3 the title with the following:
4 "AN ACT in relation to off-highway vehicles."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Short title. This Act may be cited as the
8 Recreational Trails of Illinois Act.
9 Section 5. Findings. The General Assembly finds that:
10 (1) Recreation is an important industry in the State of
11 Illinois and its growth should be encouraged.
12 (2) The establishment and maintenance of recreational
13 trails by the State of Illinois is important for the
14 promotion of recreation and conservation.
15 (3) The federal government has emphasized the importance
16 of recreational trails by enacting the Symms National
17 Recreational Trails Act of 1991 (P.L. 102-240, Sec. 1301).
18 (4) Illinois should adopt a comprehensive recreational
19 trails Act for the establishment and maintenance of
20 recreational trails.
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1 Section 10. Definitions. As used in this Act:
2 "Board" means the State Off-Highway Vehicle Trails
3 Advisory Board.
4 "Department" means the Department of Natural Resources.
5 "Director" means the Director of Natural Resources.
6 "Fund" means the Off-Highway Vehicle Trails Fund.
7 "Off-highway vehicle" means a motor-driven recreational
8 vehicle capable of cross-country travel on natural terrain
9 without benefit of a road or trail, including an all-terrain
10 vehicle and off-highway motorcycle as defined in the Illinois
11 Vehicle Code. "Off-highway vehicle" does not include a
12 snowmobile; a motorcycle; a watercraft; a farm vehicle being
13 used for farming; a vehicle used for military, fire,
14 emergency, or law enforcement purposes; a construction or
15 logging vehicle used in the performance of its common
16 function; a motor vehicle owned by or operated under contract
17 with a utility, whether publicly or privately owned, when
18 used for work on utilities; a commercial vehicle being used
19 for its intended purpose; snow-grooming equipment when used
20 for its intended purpose; or an aircraft.
21 "Recreational trail" means a thoroughfare or track across
22 land or snow, used for recreational purposes such as
23 bicycling, cross-country skiing, day hiking, equestrian
24 activities, jogging or similar fitness activities, trail
25 biking, overnight and long-distance backpacking,
26 snowmobiling, aquatic or water activity, and vehicular travel
27 by motorcycle or off-highway vehicles.
28 Section 15. Off-Highway Vehicle Trails Fund.
29 (a) The Off-Highway Vehicle Trails Fund is created as a
30 special fund in the State treasury. Money from federal,
31 State, and private sources may be deposited into the Fund.
32 Fines assessed by the Department of Natural Resources for
33 citations issued to off-highway vehicle operators shall be
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1 deposited into the Fund. All interest accrued on the Fund
2 shall be deposited into the Fund.
3 (b) All money in the Fund shall be used, subject to
4 appropriation, by the Department for the following purposes:
5 (1) Grants for construction of off-highway vehicle
6 recreational trails on county, municipal, other units of
7 local government, or private lands where a recreational
8 need for the construction is shown.
9 (2) Grants for maintenance and construction of
10 off-highway vehicle recreational trails on federal lands,
11 where permitted by law.
12 (3) Grants for development of off-highway vehicle
13 trail-side facilities in accordance with criteria
14 approved by the National Recreational Trails Advisory
15 Committee.
16 (4) Grants for acquisition of property from willing
17 sellers for off-highway vehicle recreational trails when
18 the objective of a trail cannot be accomplished by other
19 means.
20 (5) Grants for development of urban off-highway
21 vehicle trail linkages near homes and workplaces.
22 (6) Grants for maintenance of existing off-highway
23 vehicle recreational trails, including the grooming and
24 maintenance of trails across snow.
25 (7) Grants for restoration of areas damaged by
26 usage of off-highway vehicle recreational trails and back
27 country terrain.
28 (8) Grants for provision of features that
29 facilitate the access and use of off-highway vehicle
30 trails by persons with disabilities.
31 (9) Grants for acquisition of easements for
32 off-highway vehicle trails or for trail corridors.
33 (10) Grants for a rider education and safety
34 program.
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1 (11) Administration, enforcement, planning, and
2 implementation of this Act and Sections 11-1426 and
3 11-1427 of the Illinois Vehicle Code.
4 Of the money used from the Fund for the purposes set
5 forth in this subsection, at least 60% shall be allocated for
6 motorized recreation. The Department shall establish, by
7 rule, measures to verify that recipients of money from the
8 Fund comply with the specified conditions for the use of the
9 money.
10 (c) The Department may not use the money from the Fund
11 for the following purposes:
12 (1) Condemnation of any kind of interest in
13 property.
14 (2) Construction of any recreational trail on
15 National Forest System land for motorized uses unless
16 those lands have been allocated for uses other than
17 wilderness by an approved forest land and resource
18 management plan or have been released to uses other than
19 wilderness by an Act of Congress, and the construction is
20 otherwise consistent with the management direction in the
21 approved land and resource management plan.
22 (3) Construction of motorized recreational trails
23 on Department owned or managed land.
24 (d) The Department shall establish a program to
25 administer grants from the Fund to units of local government,
26 not-for-profit organizations, and other groups to operate,
27 maintain, and acquire land for off-highway vehicle parks that
28 are open and accessible to the public.
29 Section 20. State Off-Highway Vehicle Trails Advisory
30 Board.
31 (a) There is created the State Off-Highway Vehicle
32 Trails Advisory Board. The Board shall consist of 5 members,
33 one from each of the following organizations, appointed by
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1 the Director from nominations submitted by the following
2 organizations:
3 (1) The Department of Natural Resources, to vote
4 only in the case of a tie.
5 (2) The National Off-Highway Vehicle Conservation
6 Council.
7 (3) The American Motorcycle Association.
8 (4) ABATE of Illinois.
9 (5) Illinois off-road riders and all-terrain
10 vehicle clubs.
11 The length of terms of members shall be 2 years,
12 beginning on January 1 and ending on December 31. The Board
13 shall meet beginning in January of 1998. Procedures for
14 conduct of the Board's business shall be established by the
15 Department by rule. Two members of the Board shall also be
16 members of the Department's Illinois Trails Advisory Board.
17 (b) The Board shall evaluate and recommend to the
18 Director recreational trail projects for funding consistent
19 with the purposes set forth in subsection (b) of Section 15.
20 To the extent practicable and consistent with other
21 requirements of this Act, the Board and the Director shall
22 give preference to project proposals that:
23 (1) provide for the greatest number of compatible
24 recreational purposes including, but not limited to,
25 those described under the definition of "recreational
26 trail" in Section 10;
27 (2) provide for innovative recreational trail
28 corridor sharing to accommodate motorized recreational
29 trail use; or
30 (3) provide for seasonal designation of trails.
31 Section 25. Use of funds on private lands; conditions. As
32 a condition to making available moneys for work on
33 recreational trails that would affect privately owned land,
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1 the Department shall obtain written assurances that the owner
2 of the property will cooperate and participate as necessary
3 in the activities to be conducted. Any use of moneys on
4 private lands must be accompanied by an easement or other
5 legally binding agreement that ensures public access to the
6 recreational trail improvements funded by those moneys.
7 Section 45. Public access sticker.
8 (a) Except as provided in subsection (b), after January
9 1, 1998, a person may not operate and an owner may not give
10 permission to another to operate an off-highway vehicle on
11 land or lands or waters in public off-highway vehicle parks
12 paid for, operated, or supported by the grant program
13 established under subsection (d) of Section 15 unless the
14 off-highway vehicle displays an off-highway vehicle public
15 access sticker on the rear fender or bumper of the
16 off-highway vehicle.
17 (b) An off-highway vehicle does not need a public access
18 sticker if the off-highway vehicle is used on private land or
19 if the off-highway vehicle is owned by the State, the federal
20 government, or a unit of local government.
21 (c) The Department shall issue the public access
22 stickers and shall charge the following fees:
23 (1) $30 for 3 years for individuals.
24 (2) $50 for 3 years for rental units.
25 (3) $75 for 3 years for dealer and manufacturer
26 demonstrations and research.
27 The Department, by administrative rule, may make replacement
28 stickers available at a reduced cost. These fees for public
29 access stickers shall be deposited into the Off-Highway
30 Vehicle Trails Fund.
31 The Department shall not issue a public access sticker to
32 an all-terrain vehicle or off-highway motorcycle used for
33 production agriculture, as defined in Section 3-821 of the
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1 Illinois Vehicle Code.
2 Section 95. The State Finance Act is amended by adding
3 Section 5.449 as follows:
4 (30 ILCS 105/5.449)
5 Sec. 5.449. The Off-Highway Vehicle Trails Fund.
6 Section 100. The Illinois Vehicle Code is amended by
7 changing Sections 2-119, 3-101, 3-821, 11-1426, and 11-1427
8 and adding Sections 11-1427.1, 11-1427.2, 11-1427.3, and
9 11-1427.4 as follows:
10 (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
11 Sec. 2-119. Disposition of fees and taxes.
12 (a) All moneys received from Salvage Certificates shall
13 be deposited in the Common School Fund in the State Treasury.
14 (b) Beginning January 1, 1990 and concluding December
15 31, 1994, of the money collected for each certificate of
16 title, duplicate certificate of title and corrected
17 certificate of title, $0.50 shall be deposited into the Used
18 Tire Management Fund. Beginning January 1, 1990 and
19 concluding December 31, 1994, of the money collected for each
20 certificate of title, duplicate certificate of title and
21 corrected certificate of title, $1.50 shall be deposited in
22 the Park and Conservation Fund. Beginning January 1, 1995,
23 of the money collected for each certificate of title,
24 duplicate certificate of title and corrected certificate of
25 title, $2 shall be deposited in the Park and Conservation
26 Fund. The moneys deposited in the Park and Conservation Fund
27 pursuant to this Section shall be used for the acquisition
28 and development of bike paths as provided for in Section
29 63a36 of the Civil Administrative Code of Illinois. Except as
30 otherwise provided in this Code, all remaining moneys
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1 collected for certificates of title, and all moneys collected
2 for filing of security interests, shall be placed in the
3 General Revenue Fund in the State Treasury.
4 (c) All moneys collected for that portion of a driver's
5 license fee designated for driver education under Section
6 6-118 shall be placed in the Driver Education Fund in the
7 State Treasury.
8 (d) Prior to December 28, 1989, of the monies collected
9 as a registration fee for each motorcycle, motor driven cycle
10 and motorized pedalcycle, $4 of each annual registration fee
11 for such vehicle and $2 of each semiannual registration fee
12 for such vehicle is deposited in the Cycle Rider Safety
13 Training Fund. Beginning on December 28, 1989 and until
14 January 1, 1992, of the monies collected as a registration
15 fee for each motorcycle, motor driven cycle and motorized
16 pedalcycle, $6 of each annual registration fee for such
17 vehicle and $3 of each semiannual registration fee for such
18 vehicle shall be deposited in the Cycle Rider Safety Training
19 Fund.
20 Beginning January 1, 1992 and until January 1, 1994, of
21 the monies collected as a registration fee for each
22 motorcycle, motor driven cycle and motorized pedalcycle, $7
23 of each annual registration fee for such vehicle and $3.50 of
24 each semiannual registration fee for such vehicle is
25 deposited in the Cycle Rider Safety Training Fund.
26 Beginning January 1, 1994, of the monies collected as a
27 registration fee for each motorcycle, motor driven cycle and
28 motorized pedalcycle, $8 of each annual registration fee for
29 such vehicle and $4 of each semiannual registration fee for
30 such vehicle is deposited in the Cycle Rider Safety Training
31 Fund.
32 (e) Of the monies received by the Secretary of State as
33 registration fees or taxes or as payment of any other fee, as
34 provided in this Act, except fees received by the Secretary
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1 under paragraph (7) of subsection (b) of Section 5-101 and
2 Section 5-109 of this Code, 37% shall be deposited into the
3 State Construction Fund.
4 (f) Of the total money collected for a CDL instruction
5 permit or original or renewal issuance of a commercial
6 driver's license (CDL) pursuant to the Uniform Commercial
7 Driver's License Act (UCDLA), $6 of the total fee for an
8 original or renewal CDL, and $6 of the total CDL instruction
9 permit fee when such permit is issued to any person holding a
10 valid Illinois driver's license, shall be paid into the
11 CDLIS/AAMVAnet Trust Fund (Commercial Driver's License
12 Information System/American Association of Motor Vehicle
13 Administrators network Trust Fund) and shall be used for the
14 purposes provided in Section 6z-23 of the State Finance Act.
15 (g) All remaining moneys received by the Secretary of
16 State as registration fees or taxes or as payment of any
17 other fee, as provided in this Act, except fees received by
18 the Secretary under paragraph (7) of subsection (b) of
19 Section 5-101 and Section 5-109 of this Code, shall be
20 deposited in the Road Fund in the State Treasury. Moneys in
21 the Road Fund shall be used for the purposes provided in
22 Section 8.3 of the State Finance Act.
23 (h) (Blank).
24 (i) (Blank).
25 (j) (Blank).
26 (k) There is created in the State Treasury a special
27 fund to be known as the Secretary of State Special License
28 Plate Fund. Money deposited into the Fund shall, subject to
29 appropriation, be used by the Office of the Secretary of
30 State (i) to help defray plate manufacturing and plate
31 processing costs for the issuance and, when applicable,
32 renewal of any new or existing special registration plates
33 authorized under this Code and (ii) for grants made by the
34 Secretary of State to benefit Illinois Veterans Home
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1 libraries.
2 On or before October 1, 1995, the Secretary of State
3 shall direct the State Comptroller and State Treasurer to
4 transfer any unexpended balance in the Special Environmental
5 License Plate Fund, the Special Korean War Veteran License
6 Plate Fund, and the Retired Congressional License Plate Fund
7 to the Secretary of State Special License Plate Fund.
8 (l) The Motor Vehicle Review Board Fund is created as a
9 special fund in the State Treasury. Moneys deposited into
10 the Fund under paragraph (7) of subsection (b) of Section
11 5-101 and Section 5-109 shall, subject to appropriation, be
12 used by the Office of the Secretary of State to administer
13 the Motor Vehicle Review Board, including without limitation
14 payment of compensation and all necessary expenses incurred
15 in administering the Motor Vehicle Review Board under the
16 Motor Vehicle Franchise Act.
17 (m) Effective July 1, 1996, there is created in the
18 State Treasury a special fund to be known as the Family
19 Responsibility Fund. Moneys deposited into the Fund shall,
20 subject to appropriation, be used by the Office of the
21 Secretary of State for the purpose of enforcing the Family
22 Financial Responsibility Law.
23 (n) (k) The Illinois Fire Fighters' Memorial Fund is
24 created as a special fund in the State Treasury. Moneys
25 deposited into the Fund shall, subject to appropriation, be
26 used by the Office of the State Fire Marshal for construction
27 of the Illinois Fire Fighters' Memorial to be located at the
28 State Capitol grounds in Springfield, Illinois. Upon the
29 completion of the Memorial, the Office of the State Fire
30 Marshal shall certify to the State Treasurer that
31 construction of the Memorial has been completed.
32 (o) Of the money collected for each certificate of title
33 for all-terrain vehicles and off-highway motorcycles, $17
34 shall be deposited into the Off-Highway Vehicle Trails Fund.
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1 (Source: P.A. 88-333; 88-485; 88-589, eff. 8-14-94; 88-670,
2 eff. 12-2-94; 89-92, eff. 7-1-96; 89-145, eff. 7-14-95;
3 89-282, eff. 8-10-95; 89-612, eff. 8-9-96; 89-626, eff.
4 8-9-96; 89-639, eff. 1-1-97; revised 9-9-96.)
5 (625 ILCS 5/3-101) (from Ch. 95 1/2, par. 3-101)
6 Sec. 3-101. Certificate of title required. (a) Except as
7 provided in Section 3-102, every owner of a vehicle which is
8 in this State and for which no certificate of title has been
9 issued by the Secretary of State shall make application to
10 the Secretary of State for a certificate of title of the
11 vehicle.
12 (b) Every owner of a motorcycle or motor driven cycle
13 purchased new on and after January 1, 1980 shall make
14 application to the Secretary of State for a certificate of
15 title. However, if such cycle is not properly manufactured
16 or equipped for general highway use pursuant to the
17 provisions of this Act, it shall not be eligible for license
18 registration, but shall be issued a distinctive certificate
19 of title except as provided in Sections 3-102 and 3-110 of
20 this Act.
21 (c) The Secretary of State shall not register or renew
22 the registration of a vehicle unless a certificate of title
23 has been issued by the Secretary of State to the owner or an
24 application therefor has been delivered by the owner to the
25 Secretary of State.
26 (d) Every owner of an all-terrain vehicle or off-highway
27 motorcycle purchased on or after January 1, 1998 shall make
28 application to the Secretary of State for a certificate of
29 title.
30 (Source: P.A. 81-561.)
31 (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
32 Sec. 3-821. Miscellaneous Registration and Title Fees.
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1 (a) The fee to be paid to the Secretary of State for the
2 following certificates, registrations or evidences of proper
3 registration, or for corrected or duplicate documents shall
4 be in accordance with the following schedule:
5 Certificate of Title, except for an all-terrain
6 vehicle or off-highway motorcycle $13
7 Certificate of Title for an all-terrain vehicle
8 or off-highway motorcycle 30
9 Certificate of Title for an all-terrain vehicle
10 or off-highway motorcycle used for production
11 agriculture 13
12 Transfer of Registration or any evidence of
13 proper registration 12
14 Reclassification 5
15 Duplicate Registration Card for plates or other
16 evidence of proper registration 2
17 Duplicate Registration Sticker or Stickers, each 4
18 Duplicate Certificate of Title 13
19 Corrected Registration Card or Card for other
20 evidence of proper registration 2
21 Corrected Certificate of Title 13
22 Salvage Certificate 3
23 Fleet Reciprocity Permit 12
24 Prorate Decal 1
25 Prorate Backing Plate 2
26 There shall be no fee paid for a Junking Certificate.
27 (b) The Secretary may prescribe the maximum service
28 charge to be imposed upon an applicant for renewal of a
29 registration by any person authorized by law to receive and
30 remit or transmit to the Secretary such renewal application
31 and fees therewith.
32 (c) If a check is delivered to the Office of the
33 Secretary of State as payment of any fee or tax under this
34 Code, and such check is not honored by the bank on which it
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1 is drawn for any reason, the registrant or other person
2 tendering the check remains liable for the payment of such
3 fee or tax. The Secretary of State may assess a service
4 charge of $15 in addition to the fee or tax due and owing for
5 all dishonored checks.
6 If the total amount then due and owing exceeds the sum
7 of $50 and has not been paid in full within 60 days from the
8 date such fee or tax became due to the Secretary of State,
9 the Secretary of State shall assess a penalty of 25% of such
10 amount remaining unpaid.
11 All amounts payable under this Section shall be computed
12 to the nearest dollar.
13 (d) The minimum fee and tax to be paid by any applicant
14 for apportionment of a fleet of vehicles under this Code
15 shall be $12 if the application was filed on or before the
16 date specified by the Secretary together with fees and taxes
17 due. If an application and the fees or taxes due are filed
18 after the date specified by the Secretary, the Secretary may
19 prescribe the payment of interest at the rate of 1/2 of 1%
20 per month or fraction thereof after such due date and a
21 minimum of $6.
22 (e) Trucks, truck tractors, truck tractors with loads,
23 and motor buses, any one of which having a combined total
24 weight in excess of 12,000 lbs. shall file an application for
25 a Fleet Reciprocity Permit issued by the Secretary of State.
26 This permit shall be in the possession of any driver
27 operating a vehicle on Illinois highways. Any foreign
28 licensed vehicle of the second division operating at any time
29 in Illinois without a Fleet Reciprocity Permit or other
30 proper Illinois registration, shall subject the operator to
31 the penalties provided in Section 3-834 of this Code. For
32 the purposes of this Code, "Fleet Reciprocity Permit" means
33 any second division motor vehicle with a foreign license and
34 used only in interstate transportation of goods. The fee for
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1 such permit shall be $12 per fleet which shall include all
2 vehicles of the fleet being registered.
3 (f) For purposes of this Section, "all-terrain vehicle
4 or off-highway motorcycle used for production agriculture"
5 means any all-terrain vehicle or off-highway motorcycle used
6 in the raising of or the propagation of livestock, crops for
7 sale for human consumption, crops for livestock consumption,
8 and production seed stock grown for the propagation of feed
9 grains and the husbandry of animals or for the purpose of
10 providing a food product, including the husbandry of blood
11 stock as a main source of providing a food product.
12 "All-terrain vehicle or off-highway motorcycle used in
13 production agriculture" also means any all-terrain vehicle or
14 off-highway motorcycle used in animal husbandry,
15 floriculture, aquaculture, horticulture, and viticulture.
16 (Source: P.A. 87-1225; 88-78.)
17 (625 ILCS 5/11-1426) (from Ch. 95 1/2, par. 11-1426)
18 Sec. 11-1426. Operation of all-terrain vehicles and
19 off-highway motorcycles on streets, roads and highways.
20 (a) Except as provided under this Section, it shall be
21 unlawful for any person to drive or operate any all-terrain
22 vehicle or off-highway motorcycle upon any street, highway or
23 roadway in this State.
24 (b) Except as provided under subsection (c) of this
25 Section, all-terrain vehicles and off-highway motorcycles may
26 make a direct crossing provided:
27 (1) The crossing is made at an angle of
28 approximately 90 degrees to the direction of the street,
29 road or highway and at a place where no obstruction
30 prevents a quick and safe crossing; and
31 (2) The all-terrain vehicle or off-highway
32 motorcycle is brought to a complete stop before
33 attempting a crossing; and
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1 (3) The operator of the all-terrain vehicle or
2 off-highway motorcycle yields the right of way to all
3 pedestrian and vehicular traffic which constitutes a
4 hazard; and
5 (4) That when crossing a divided highway, the
6 crossing is made only at an intersection of the highway
7 with another public street, road, or highway; and
8 (5) That when accessing township roadways in
9 counties which contain a tract of the Shawnee National
10 Forest, the accessing complies with rules promulgated by
11 the Department of Natural Resources to govern the
12 accessing.
13 (c) No person operating an all-terrain vehicle or
14 off-highway motorcycle shall make a direct crossing upon or
15 across any tollroad, interstate highway, or controlled access
16 highway in this State.
17 (d) The corporate authorities of a county, road
18 district, township, city, village, or incorporated town may
19 adopt ordinances or resolutions allowing all-terrain vehicles
20 and off-highway motorcycles to be operated on roadways under
21 their jurisdiction, designated by signs as may be prescribed
22 by the Department, when it is necessary to cross a bridge or
23 culvert or when it is impracticable to gain immediate access
24 to an area adjacent to a highway where an all-terrain vehicle
25 or off-highway motorcycle is to be operated. The crossing
26 shall be made in the same direction as traffic.
27 (e) The corporate authorities of a county, road
28 district, township, city, village, or incorporated town may
29 adopt ordinances or resolutions designating one or more
30 specific public highways or streets under their jurisdiction
31 as egress and ingress routes for the use of all-terrain
32 vehicles and off-highway motorcycles. Operation of
33 all-terrain vehicles and off-highway motorcycles on the
34 routes shall be in the same direction as traffic. Corporate
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1 authorities acting under the authority of this subsection (e)
2 shall erect and maintain signs, as may be prescribed by the
3 Department, giving proper notice of the designation.
4 (Source: P.A. 89-445, eff. 2-7-96.)
5 (625 ILCS 5/11-1427)
6 Sec. 11-1427. 11.1427. Illegal operation of an
7 all-terrain vehicle or off-highway motorcycle. It is unlawful
8 for any person to drive or operate any all-terrain vehicle or
9 off-highway motorcycle in the following ways:
10 (a) Careless Operation. No person shall operate any
11 all-terrain vehicle or off-highway motorcycle in a careless
12 or heedless manner so as to be grossly indifferent to the
13 person or property of other persons, or at a rate of speed
14 greater than will permit him in the exercise of reasonable
15 care to bring the all-terrain vehicle or off-highway
16 motorcycle to a stop within the assured clear distance ahead.
17 (b) Reckless Operation. No person shall operate any
18 all-terrain vehicle or off-highway motorcycle in such a
19 manner as to endanger the life, limb or property of any
20 person.
21 (c) Within any nature preserve as defined in Section
22 3.11 of the Illinois Natural Areas Preservation Act.
23 (d) On the tracks or right of way of an operating
24 railroad.
25 (e) In any tree nursery or planting in a manner which
26 damages or destroys growing stock, or creates a substantial
27 risk thereto.
28 (f) On private property, without the written or verbal
29 consent of the owner or lessee thereof. Any person operating
30 an all-terrain vehicle or off-highway motorcycle upon lands
31 of another shall stop and identify himself upon the request
32 of the landowner or his duly authorized representative, and,
33 if requested to do so by the landowner shall promptly remove
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1 the all-terrain vehicle or off-highway motorcycle from the
2 premises.
3 (g) Notwithstanding any other law to the contrary, an
4 owner, lessee, or occupant of premises owes no duty of care
5 to keep the premises safe for entry or use by others for use
6 by an all-terrain vehicle or off-highway motorcycle, or to
7 give warning of any condition, use, structure or activity on
8 such premises. This subsection does not apply where
9 permission to drive or operate an all-terrain vehicle or
10 off-highway motorcycle is given for a valuable consideration
11 other than to this State, any political subdivision or
12 municipality of this State, or any landowner who is paid with
13 funds from the Off-Highway Vehicle Trails Fund. In the case
14 of land leased to the State or a subdivision of the State,
15 any consideration received is not valuable consideration
16 within the meaning of this Section.
17 Nothing in this subsection limits in any way liability
18 which otherwise exists for willful or malicious failure to
19 guard or warn against a dangerous condition, use, structure,
20 or activity.
21 (h) On publicly owned lands unless such lands are
22 designated for use by all-terrain vehicles or off-highway
23 motorcycles. For publicly owned lands to be designated for
24 use by all-terrain vehicles or off-highway motorcycles a
25 public hearing shall be conducted by the governmental entity
26 that has jurisdiction over the proposed land prior to the
27 designation.
28 Nothing in this subsection limits in any way liability
29 which otherwise exists for willful or malicious failure to
30 guard or warn against a dangerous condition, use, structure,
31 or activity.
32 (h-1) At a rate of speed too fast for conditions, and
33 the fact that the speed of the all-terrain vehicle or
34 off-highway motorcycle does not exceed the applicable maximum
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1 speed limit allowed does not relieve the driver from the duty
2 to decrease speed as may be necessary to avoid colliding with
3 any person, vehicle, or object within legal requirements and
4 the duty of all persons to use due care.
5 (h-2) On the frozen surface of public waters of this
6 State within 100 feet of a person, including a skater, not in
7 or upon an all-terrain vehicle or off-highway motorcycle;
8 within 100 feet of a person engaged in fishing, except at the
9 minimum speed required to maintain forward movement of the
10 all-terrain vehicle or off-highway motorcycle; on an area
11 which has been cleared of snow for skating purposes unless
12 the area is necessary for access to the frozen waters of this
13 State.
14 (h-3) Within 100 feet of a dwelling between midnight and
15 6 a.m. at a speed greater than the minimum required to
16 maintain forward movement of the all-terrain vehicle or
17 off-highway motorcycle. This subdivision (h-5) does not apply
18 on private property where verbal or written consent of the
19 owner or lessee has been granted to drive or operate an
20 all-terrain vehicle or off-highway motorcycle upon the
21 private property or frozen waters of this State.
22 (i) Other Prohibitions.
23 (1) No person, except persons permitted by law,
24 shall operate or ride any all-terrain vehicle or
25 off-highway motorcycle with any firearm in his or her
26 possession unless he or she is in compliance with Section
27 2.33 of the Wildlife Code it is unloaded and enclosed in
28 a carrying case, or any bow unless it is unstrung or
29 rendered unable to fire and is in a carrying case.
30 (2) No person shall operate any all-terrain vehicle
31 or off-highway motorcycle emitting pollutants in
32 violation of standards established pursuant to the
33 Environmental Protection Act.
34 (3) No person shall deposit from an all-terrain
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1 vehicle or off-highway motorcycle on the snow, ice or
2 ground surface, trash, glass, garbage, insoluble
3 material, or other offensive matter.
4 (Source: P.A. 86-1091; revised 1-6-97.)
5 (625 ILCS 5/11-1427.1 new)
6 Sec. 11-1427.1. Operation of an all-terrain vehicle or
7 off-highway motorcycle on ice. All-terrain vehicles and
8 off-highway motorcycles may be operated on the frozen waters
9 of this State subject to the provisions of this Section and
10 the rules of the Department of Natural Resources.
11 (625 ILCS 5/11-1427.2 new)
12 Sec. 11-1427.2. Special all-terrain vehicle or
13 off-highway motorcycle event. Nothing contained in Section
14 11-1426, 11-1427, or 11-1427.1 shall be construed to prohibit
15 any local authority of this State from designating a special
16 all-terrain vehicle or off-highway motorcycle event. In such
17 case the provisions of Sections 11-1426, 11-1427, and
18 11-1427.1 shall not apply to areas or highways under the
19 jurisdiction of that local authority.
20 (625 ILCS 5/11-1427.3 new)
21 Sec. 11-1427.3. Rules for all-terrain vehicles and
22 off-highway motorcycles. The Department of Natural Resources
23 shall adopt rules to implement and administer the provisions
24 of Sections 11-1426, 11-1427, 11-1427.1, and 11-1427.2.
25 (625 ILCS 5/11-1427.4 new)
26 Sec. 11-1427.4. Signal from officer to stop. An
27 all-terrain vehicle or off-highway motorcycle operator, after
28 having received a visual or audible signal from a law
29 enforcement officer to come to a stop, may not:
30 (1) operate an all-terrain vehicle or off-highway
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1 motorcycle in willful or wanton disregard of the signal to
2 stop;
3 (2) interfere with or endanger the law enforcement
4 officer or another person or vehicle; or
5 (3) increase speed or attempt to flee or elude the
6 officer.".