State of Illinois
91st General Assembly
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Public Act 91-0441

HB1972 Enrolled                                LRB9105702KSpr

    AN ACT concerning off-highway vehicles.

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

    Section  5.   The  Recreational Trails of Illinois Act is
amended by changing Sections 20 and 45 as follows:

    (20 ILCS 862/20)
    Sec. 20. State Off-Highway Vehicle Trails Advisory Board.
    (a)  There  is  created  the  State  Off-Highway  Vehicle
Trails Advisory Board. The Board shall consist of 5  members,
one  from each of the following organizations, except for the
Illinois off-road riders and all-terrain vehicle clubs, which
shall  have  2  members,  appointed  by  the  Director   from
nominations submitted by the following organizations:
         (1)  The  Department  of  Natural Resources, to vote
    only in the case of a tie.
         (2)  (Blank)  The   National   Off-Highway   Vehicle
    Conservation Council.
         (3)  The American Motorcycle Association.
         (4)  ABATE of Illinois.
         (5)  Illinois   off-road   riders   and  all-terrain
    vehicle clubs.
    The  length  of  terms  of  members  shall  be  2  years,
beginning on January 1 and ending on December 31.  The  Board
shall  meet  beginning  in  January  of 1998.  Procedures for
conduct of the Board's business shall be established  by  the
Department  by  rule.  Two members of the Board shall also be
members of the Department's Illinois Trails Advisory Board.
    (b)  The  Board  shall  evaluate  and  recommend  to  the
Director recreational trail projects for  funding  consistent
with  the purposes set forth in subsection (b) of Section 15.
To  the  extent  practicable  and   consistent   with   other
requirements  of  this  Act, the Board and the Director shall
give preference to project proposals that:
         (1)  provide for the greatest number  of  compatible
    recreational  purposes  including,  but  not  limited to,
    those described under  the  definition  of  "recreational
    trail" in Section 10;
         (2)  provide   for   innovative  recreational  trail
    corridor sharing to  accommodate  motorized  recreational
    trail use; or
         (3)  provide for seasonal designation of trails.
(Source: P.A. 90-287, eff. 1-1-98.)

    (20 ILCS 862/45)
    Sec. 45.  Public access sticker.
    (a)  Except  as provided in subsection (b), after January
1, 1998, a person may not operate and an owner may  not  give
permission  to  another  to operate an off-highway vehicle on
land or lands or waters in public off-highway  vehicle  parks
paid  for,  operated,  or  supported  by  the  grant  program
established  under  subsection  (d)  of Section 15 unless the
off-highway vehicle displays an  off-highway  vehicle  public
access  sticker  in  a manner prescribed by the Department by
rule on the rear fender or bumper of the off-highway vehicle.
    (b)  An off-highway vehicle does not need a public access
sticker if the off-highway vehicle is used on private land or
if the off-highway vehicle is owned by the State, the federal
government, or a unit of local government.
    (c)  The  Department  shall  issue  the   public   access
stickers and shall charge the following fees:
         (1)  $30 for 3 years for individuals.
         (2)  $50 for 3 years for rental units.
         (3)  $75  for  3  years  for dealer and manufacturer
    demonstrations and research.
         (4)  $50 for 3 years for an all-terrain  vehicle  or
    off-highway  motorcycle  used for production agriculture,
    as defined in Section 3-821 of the Illinois Vehicle Code.
         (5)  $50 for 3 years for residents of a State  other
    than  Illinois  that does not have a reciprocal agreement
    with the Department, pursuant to subsection (d).
         (6)  $50 for 3 years for an all-terrain  vehicle  or
    off-highway motorcycle that does not have a title.
The  Department, by administrative rule, may make replacement
stickers available at a reduced cost. These fees  for  public
access  stickers  shall  be  deposited  into  the Off-Highway
Vehicle Trails Fund.
    The Department shall not issue a public access sticker to
an all-terrain vehicle or  off-highway  motorcycle  used  for
production  agriculture,  as  defined in Section 3-821 of the
Illinois Vehicle Code.
    (d)  The  Department  is   authorized   to   enter   into
reciprocal  agreements  with other states that have a similar
off-highway vehicle public access sticker  program  to  allow
residents  of  such states to operate off-highway vehicles on
land or lands or waters in public off-highway  vehicle  parks
paid  for,  operated,  or  supported  by  the  grant  program
established  under  subsection  (d)  of  Section  15  without
acquiring  an  off-highway  vehicle  public access sticker in
this State pursuant to subsection (a).
    (e)  The  Department  may   license   vendors   to   sell
off-highway vehicle public access stickers.  Issuing fees may
be set by administrative rule.
    (f)  The  Department  is  authorized to modify any or all
provisions of this Section 45 by rule.
(Source: P.A. 90-287, eff. 1-1-98.)

    Section 10.  The Illinois  Vehicle  Code  is  amended  by
changing Sections 3-102 and 3-821 as follows:
    (625 ILCS 5/3-102) (from Ch. 95 1/2, par. 3-102)
    Sec. 3-102.  Exclusions.
    No certificate of title need be obtained for:
    1.  A  vehicle  owned  by  the  State  of  Illinois; or a
vehicle owned by the United States unless it is registered in
this State;
    2.  A vehicle owned by a manufacturer or dealer and  held
for  sale,  even  though incidentally moved on the highway or
used for purposes of testing  or  demonstration,  provided  a
dealer   reassignment   area   is   still  available  on  the
manufacturer's certificate of origin or the  Illinois  title;
or a vehicle used by a manufacturer solely for testing;
    3.  A  vehicle  owned by a non-resident of this State and
not required by law to be registered in this State;
    4.  A motor vehicle regularly engaged in  the  interstate
transportation  of  persons or property for which a currently
effective certificate of title has  been  issued  in  another
State;
    5.  A vehicle moved solely by animal power;
    6.  An implement of husbandry;
    7.  Special mobile equipment;
    8.  An   apportionable   trailer   or   an  apportionable
semitrailer registered in the State prior to April 1, 1998.
(Source: P.A. 89-710, eff. 2-14-97.)

    (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
    Sec. 3-821. Miscellaneous Registration and Title Fees.
    (a)  The fee to be paid to the Secretary of State for the
following certificates, registrations or evidences of  proper
registration,  or  for corrected or duplicate documents shall
be in accordance with the following schedule:
    Certificate of Title, except for an all-terrain
vehicle or off-highway motorcycle                         $13
    Certificate of Title for an all-terrain vehicle
or off-highway motorcycle                                  30
    Certificate of Title for an all-terrain  vehicle
or   off-highway   motorcycle  used  for  production
agriculture, or accepted by a dealer in trade              13
    Transfer of Registration or any evidence of
proper registration                                        12
    Duplicate Registration Card for plates or  other
evidence of proper registration                             2
    Duplicate Registration Sticker or Stickers, each        4
    Duplicate Certificate of Title                         13
    Corrected  Registration  Card  or Card for other
evidence of proper registration                             2
    Corrected Certificate of Title                         13
    Salvage Certificate                                     3
    Fleet Reciprocity Permit                               12
    Prorate Decal                                           1
    Prorate Backing Plate                                   2
    There shall be no fee paid for a Junking Certificate.
    (b)  The Secretary  may  prescribe  the  maximum  service
charge  to  be  imposed  upon  an  applicant for renewal of a
registration by any person authorized by law to  receive  and
remit  or  transmit to the Secretary such renewal application
and fees therewith.
    (c)  If a  check  is  delivered  to  the  Office  of  the
Secretary  of  State as  payment of any fee or tax under this
Code, and such check is not honored by the bank on  which  it
is  drawn  for  any  reason,  the  registrant or other person
tendering the check remains liable for the  payment  of  such
fee  or  tax.  The  Secretary  of  State may assess a service
charge of $15 in addition to the fee or tax due and owing for
all dishonored checks.
    If the total amount then due and owing  exceeds  the  sum
of  $50 and has not been paid in full within 60 days from the
date such fee or tax became due to the  Secretary  of  State,
the Secretary of State shall assess  a penalty of 25% of such
amount remaining unpaid.
    All  amounts payable under this Section shall be computed
to the nearest dollar.
    (d)  The minimum fee and tax to be paid by any  applicant
for  apportionment  of  a  fleet  of vehicles under this Code
shall be $12 if the application was filed on  or  before  the
date  specified by the Secretary together with fees and taxes
due.  If an application and the fees or taxes due  are  filed
after  the date specified by the Secretary, the Secretary may
prescribe the payment of interest at the rate of  1/2  of  1%
per  month  or  fraction  thereof  after  such due date and a
minimum of $6.
    (e)  Trucks, truck tractors, truck tractors  with  loads,
and  motor  buses,  any  one of which having a combined total
weight in excess of 12,000 lbs. shall file an application for
a Fleet Reciprocity Permit issued by the Secretary of  State.
This  permit  shall  be  in  the  possession  of  any  driver
operating  a  vehicle  on  Illinois  highways.   Any  foreign
licensed vehicle of the second division operating at any time
in  Illinois  without  a  Fleet  Reciprocity  Permit or other
proper Illinois registration, shall subject the  operator  to
the  penalties  provided  in Section 3-834 of this Code.  For
the purposes of this Code, "Fleet Reciprocity  Permit"  means
any  second division motor vehicle with a foreign license and
used only in interstate transportation of goods.  The fee for
such permit shall be $12 per fleet which  shall  include  all
vehicles of the fleet being registered.
    (f)  For  purposes  of this Section, "all-terrain vehicle
or off-highway motorcycle used  for  production  agriculture"
means  any all-terrain vehicle or off-highway motorcycle used
in the raising of or the propagation of livestock, crops  for
sale  for human consumption, crops for livestock consumption,
and production seed stock grown for the propagation  of  feed
grains  and  the  husbandry  of animals or for the purpose of
providing a food product, including the  husbandry  of  blood
stock   as  a  main  source  of  providing  a  food  product.
"All-terrain  vehicle  or  off-highway  motorcycle  used   in
production agriculture" also means any all-terrain vehicle or
off-highway    motorcycle    used    in   animal   husbandry,
floriculture, aquaculture, horticulture, and viticulture.
(Source: P.A. 90-287, eff. 1-1-98; 90-774, eff. 8-14-98.)

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