Public Act 098-0820

SB2633 Enrolled LRB098 15226 MGM 50230 b

AN ACT concerning State government.

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 26 and 34 as follows:

(20 ILCS 862/26)

Sec. 26. Operation of off-highway vehicles without an

Off-Highway Vehicle Usage Stamp. Except as hereinafter

provided, no person shall, on or after July 1, 2013, operate

any off-highway vehicle within the State unless the off-highway

vehicle has attached an Off-Highway Vehicle Usage Stamp

purchased and displayed in accordance with the provisions of

this Act. The Department shall adopt rules for the purchase of

Off-Highway Vehicle Usage Stamps. The fee for an Off-Highway

Vehicle Usage Stamp for a vehicle with an engine capacity of

over 75 cubic centimeters shall be $15 annually and shall

expire the March 31st following the year displayed on the

Off-Highway Vehicle Usage Stamp. The Department shall deposit

$5 from the sale of each Off-Highway Vehicle Usage Stamp for

vehicles with an engine capacity of over 75 cubic centimeters

into the Conservation Police Operations Assistance Fund. The

Department shall deposit $10 from the sale of each Off-Highway

Vehicle Usage Stamp for vehicles with an engine capacity of

over 75 cubic centimeters into the Park and Conservation Fund.

The fee for an Off-Highway Vehicle Usage Stamp for a vehicle

with an engine capacity of 75 cubic centimeters or below shall

be $10 annually. The Department shall deposit $5 from the sale

of each Off-Highway Vehicle Usage Stamp for vehicles with an

engine capacity of 75 cubic centimeters or below into the

Conservation Police Operations Assistance Fund. The Department

shall deposit $5 from the sale of each Off-Highway Vehicle

Usage Stamp for vehicles with an engine capacity of 75 cubic

centimeters or below into the Park and Conservation Fund. The

monies deposited into the Conservation Police Operations

Assistance Fund or the Park and Conservation Fund under this

Section shall not be subject to administrative charges or

chargebacks unless otherwise authorized by this Act.

(Source: P.A. 97-1136, eff. 1-1-13.)

(20 ILCS 862/34)

Sec. 34. Exception from display of Off-Highway Vehicle

Usage Stamps. The operator of an off-highway vehicle shall not

be required to display an Off-Highway Vehicle Usage Stamp if

the off-highway vehicle is:

(1) owned and used by the United States, the State of

Illinois, another state, or a political subdivision

thereof, but these off-highway vehicles shall prominently

display the name of the owner on the off-highway vehicle;

(2) operated on lands where the operator, his or her

immediate family, or both are the sole owners of the land

owner permanently resides; this exception shall not apply

to clubs, associations, or lands leased for hunting or

recreational purposes, or to off-highway vehicles being

used by outfitters as defined in the Wildlife Code as part

of their outfitting business;

(3) used only on local, national, or international or

national competition circuits in events for which written

permission has been obtained by the sponsoring or

sanctioning body from the governmental unit having

jurisdiction over the location of any event held in this

State;

(4) (blank); while being used for activities

associated with farming or livestock production

operations; or

(5) while being used on an off-highway vehicle grant

assisted site and the off-highway vehicle displays a

Off-Highway Vehicle Access decal; .

(6) used in conjunction with a bona fide commercial

business, including, but not limited to, agricultural and

livestock production;

(7) a golf cart, regardless of whether the golf cart is

currently being used for golfing purposes;

(8) displaying a valid motor vehicle registration

issued by the Secretary of State or any other state;

(9) operated by an individual who either possesses an

Illinois Identification Card issued to the operator by the

Secretary of State that lists a Class P2 (or P2O or any

successor classification) or P2A disability or an original

or photocopy of a valid motor vehicle disability placard

issued to the operator by the Secretary of State, or is

assisting a disabled person with a Class P2 (or P2O or any

successor classification) or P2A disability while using

the same off-highway vehicle as the disabled individual; or

(10) used only at commercial riding parks.

For the purposes of this Section, "golf cart" means a

machine specifically designed for the purposes of transporting

one or more persons and their golf clubs.

For the purposes of this Section, "local, national, or

international competition circuit" means any competition

circuit sponsored or sanctioned by an international, national,

or state organization, including, but not limited to, the

American Motorcyclist Association, or sponsored, sanctioned,

or both by an affiliate organization of an international,

national, or state organization which sanctions competitions,

including trials or practices leading up to or in connection

with those competitions.

For the purposes of this Section, "commercial riding parks"

mean commercial properties used for the recreational operation

of off-highway vehicles by the paying members of the park or

paying guests.

(Source: P.A. 97-1136, eff. 1-1-13.)

Section 99. Effective date. This Act takes effect upon

becoming law.