Bill Text: IL SB2713 | 2017-2018 | 100th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Executive Reorganization Implementation Act. Makes a technical change in a Section concerning the short title.

Sponsorship: Moderate Partisan Bill (Republican 10-3)

Status: (Passed) 2018-08-10 - Public Act . . . . . . . . . 100-0798 [SB2713 Detail]

Download: Illinois-2017-SB2713-Engrossed.html

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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 10, 15, 20, 25, and 26 and by
adding Sections 12, 13, 25.5, 36.5, and 55 as follows:
(20 ILCS 862/10)
Sec. 10. Definitions. As used in this Act:
"Board" means the State Off-Highway Vehicle Trails
Advisory Board.
"Department" means the Department of Natural Resources.
"Director" means the Director of Natural Resources.
"Facilities" means equipment or other man-made improvement
that is directly associated with, and provided for, a
recreational trail. Typical recreational trail facilities
include signage, gates, culverts, trail bridges, railings,
benches, security cameras, security lighting, aggregate and
other erosion control measures, picnic shelters, informational
kiosks, and vault toilets.
"Fund" means the Off-Highway Vehicle Trails Fund.
"Off-highway vehicle" means a motor-driven recreational
vehicle capable of cross-country travel on natural terrain
without benefit of a road or trail, including an all-terrain

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vehicle and off-highway motorcycle as defined in the Illinois
Vehicle Code. "Off-highway vehicle" does not include a
snowmobile; a motorcycle; a watercraft; snow-grooming
equipment when used for its intended purpose; or an aircraft.
"Recreational trail" means a thoroughfare or track across
land or snow or along water, used for recreational purposes
such as bicycling, cross-country skiing, day hiking,
equestrian activities, jogging or similar fitness activities,
trail biking, overnight and long-distance backpacking,
snowmobiling, aquatic or water activity, and vehicular travel
by motorcycle or off-highway vehicles.
(Source: P.A. 97-1136, eff. 1-1-13.)
(20 ILCS 862/12 new)
Sec. 12. Recreational Trail Programs; powers and
authorities.
(a) The Department may expend funds for recreational trail
program purposes. The Department may: plan, survey, design,
develop, operate, and maintain recreational trails and related
facilities of the State; prepare, or cause to be prepared,
those plans, specifications, and other documents as are
necessary to advertising for and the taking and acceptance of
bids and letting of construction contracts for those
recreational trail projects, as required in the Illinois
Procurement Code; enter into contracts for construction
management or supervision on all recreational trail projects

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constructed; enter into contracts for professional services
for planning, testing, design, or consulting on all
recreational trail projects constructed; and acquire land,
waters, structures, and interests in land, waters, and
structures for those areas and related facilities. The
Department may enter into contracts and agreements with the
United States or any appropriate or allowable federal entity,
keep financial and other records, and furnish to appropriate
officials and agencies of the United States reports and
information as may be reasonably necessary to enable those
officials and agencies to perform their duties under those
programs. In connection with obtaining for the State the
benefits of any program, the Department shall coordinate its
activities with and represent the interest of all agencies of
the State and units of local government and with appropriate
and allowable not-for-profit and private organizations having
interests in the acquisition, planning, development, and
maintenance of recreational trail resources and related
facilities within the State.
(b) The Department may execute projects for recreational
trail purposes using funds made available to the Department
from State appropriations, the federal government, and other
public and private sources in the exercise of its statutory
powers and duties. Projects involving participating
federal-aid funds may be undertaken by the Department after it
has been determined that sufficient funds are available to the

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Department for meeting the non-federal share of project costs.
It is the legislative intent that, to the extent as may be
necessary to assure the proper operation, maintenance, and
preservation of areas and facilities surveyed, acquired, or
developed under any program participated in by this State under
authority of this Act, the areas and facilities shall be
maintained for public recreational trail purposes. The
Department may enter into and administer agreements with the
United States or any appropriate federal agency for survey,
planning, acquisition, development, and preservation projects
involving participating federal-aid funds on behalf of any
federal, State, or local unit of government or appropriate and
allowable not-for-profit or private organizations, provided
the federal, State, or local unit of government or appropriate
and allowable not-for-profit or private organization, gives
necessary assurances to the Department that it has available
sufficient funds to meet its share of the cost of the project
and that the surveyed, acquired, or developed areas and
facilities will be operated and maintained at its expense for
public recreational trail use.
(c) The Department may enter into agreements as necessary
with the Federal Highway Administration, or any successor
agency, for the purpose of authorizing federal obligation
limitations for projects under the federal Recreational Trails
Program. The Department and the Department of Transportation
shall enter into an inter-agency agreement to closely

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coordinate the obligation of projects authorized by the
Illinois Division Office of the Federal Highway Administration
to maximize federal funding opportunities.
(20 ILCS 862/13 new)
Sec. 13. Recreational Trail Programs; Greenways and Trails
Advisory Council.
(a) To provide for public discourse and participation on
recreational trails within the State, assist in statewide
recreational trail outreach and public involvement, provide a
forum to discuss statewide recreational trail user issues and
recreational trail management, the Department shall establish
a State recreational trail advisory council that represents
both motorized and non-motorized recreational trail users,
which shall, at a minimum, meet 2 times per fiscal year.
(b) The State Greenways and Trails Advisory Council is
created and shall consist of members comprised of recreational
trail users, and local, State, and federal agency officials.
The members shall be appointed by the Director from nominations
submitted by the public, recreational trail user
organizations, and government agencies. The Council shall
contain 11 recreational trail user members, one representing
each of the following recreational trail activities:
(1) non-motorized water sports paddling;
(2) motorized off-road motorcycle;
(3) non-motorized hiking pedestrian;

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(4) motorized all-terrain vehicle;
(5) non-motorized road and trail cycling;
(6) motorized snowmobile;
(7) non-motorized equestrian;
(8) motorized snowmobile;
(9) non-motorized mountain bike;
(10) recreational trail users with disabilities; and
(11) a diverse, multi-use, multi-purpose outdoor
recreational trail and facility user group.
The Council shall contain local, State, and federal agency
members representing the following organizations:
(1) one member from a local government or planning
commission;
(2) one member from the Department of Transportation;
(3) one member from the Federal Highway
Administration;
(4) one member from the Department of Natural Resources
Grant Administration; and
(5) one member from the Department of Natural Resources
Recreational Trails Program.
(c) Council member terms shall be 4 years, beginning on
January 1 and ending on December 31. Two members of the Council
shall also be members of the Department's State Off-Highway
Vehicle Trails Advisory Board.
(d) The Council shall serve 2 functions:
(1) As the advisory Council to the federal Recreational

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Trails Program, members of the Council shall help develop
the State's recreational trail priorities and assist the
Department to ensure program eligibility and criteria are
met as prescribed by the federal program guidelines.
(2) As the forum for government agencies, the Council
shall:
(A) encourage public awareness of the natural,
recreational, environmental, water quality, cultural,
transportation, and economic benefits of greenways and
recreational trails;
(B) encourage cooperation among user groups;
(C) coordinate agency and organizations actions in
an effort to create and maintain a statewide network of
greenways and recreational trails;
(D) encourage the development of partnerships
among the public and private sectors;
(E) support volunteerism to provide, protect,
develop, and maintain greenways and recreational
trails; and
(F) advise the Department on greenways and
recreational trails planning, policies, and programs.
(20 ILCS 862/15)
Sec. 15. Off-Highway vehicle trails grants; Off-Highway
Vehicle Trails Fund.
(a) The Off-Highway Vehicle Trails Fund is created as a

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special fund in the State treasury. Money from federal, State,
and private sources may be deposited into the Fund. Fines
assessed by the Department of Natural Resources for citations
issued to off-highway vehicle operators shall be deposited into
the Fund. All interest accrued on the Fund shall be deposited
into the Fund.
(b) All money in the Fund shall be used, subject to
appropriation, by the Department for the following purposes:
(1) Grants for construction of off-highway vehicle
recreational trails on county, municipal, other units of
local government, or private lands where a recreational
need for the construction is shown.
(2) Grants for maintenance and construction of
off-highway vehicle recreational trails on federal lands,
where permitted by law.
(3) Grants for development of off-highway vehicle
trail-side facilities in accordance with criteria approved
by the National Recreational Trails Advisory Committee.
(4) Grants for acquisition of property from willing
sellers for off-highway vehicle recreational trails when
the objective of a trail cannot be accomplished by other
means.
(5) Grants for development of urban off-highway
vehicle trail linkages near homes and workplaces.
(6) Grants for maintenance of existing off-highway
vehicle recreational trails, including the grooming and

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maintenance of trails across snow.
(7) Grants for restoration of areas damaged by usage of
off-highway vehicle recreational trails and back country
terrain.
(8) Grants for provision of features that facilitate
the access and use of off-highway vehicle trails by persons
with disabilities.
(9) Grants for acquisition of easements for
off-highway vehicle trails or for trail corridors.
(10) Grants for a rider education and safety program.
(11) Administration, enforcement, planning, and
implementation of this Act and all Sections of the Illinois
Vehicle Code which regulate the operation of off-highway
vehicles as defined in this Act.
(c) The Department may not use the money from the Fund for
the following purposes:
(1) Condemnation of any kind of interest in property.
(2) Construction of any recreational trail on National
Forest System land for motorized uses unless those lands
have been allocated for uses other than wilderness by an
approved forest land and resource management plan or have
been released to uses other than wilderness by an Act of
Congress, and the construction is otherwise consistent
with the management direction in the approved land and
resource management plan.
(3) Construction of motorized recreational trails on

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Department owned or managed land.
(d) The Department shall establish a program to administer
grants from the Fund to units of local government,
not-for-profit organizations, and other groups to operate,
maintain, and acquire land for off-highway vehicle parks that
are open and accessible to the public.
(e) The monies deposited into the Off-Highway Vehicle
Trails Fund under this Section shall not be subject to
administrative charges or chargebacks unless otherwise
authorized by this Act.
(Source: P.A. 96-279, eff. 1-1-10; 97-1136, eff. 1-1-13.)
(20 ILCS 862/20)
Sec. 20. Off-Highway vehicle trails grant projects; 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).
(3) The American Motorcycle Association.
(4) ABATE of Illinois.

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(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 State Greenways and Trails Advisory Council
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; 91-441, eff. 1-1-00.)
(20 ILCS 862/25)

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Sec. 25. Off-Highway vehicle trails grants; use Use of
funds on private lands; conditions. As a condition to making
available Off-Highway Vehicle Trails Fund grant moneys for work
on recreational trails that would affect privately owned land,
the Department shall obtain written assurances that the owner
of the property will cooperate and participate as necessary in
the activities to be conducted. Any use of Off-Highway Vehicle
Trails Fund grant moneys on private lands must be accompanied
by an easement or other legally binding agreement that ensures
public access to the recreational trail improvements funded by
those moneys.
(Source: P.A. 90-287, eff. 1-1-98.)
(20 ILCS 862/25.5 new)
Sec. 25.5. Off-Highway vehicle trails public access
sticker.
(a) An Off-Highway vehicle trails public access sticker is
a separate and additional requirement from the Off-Highway
Vehicle Usage Stamp under Section 26 of this Act.
(b) Except as provided in subsection (c) of this Section, a
person may not operate and an owner may not give permission to
another to operate an off-highway vehicle on 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 of this Act unless the off-highway vehicle
displays an Off-Highway vehicle trails public access sticker in

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a manner prescribed by the Department by rule.
(c) 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.
(d) 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, under subsection (e) of this Section; and
(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. The fees for public
access stickers shall be deposited into the Off-Highway Vehicle
Trails Fund.
(e) The Department may enter into reciprocal agreements
with other states that have a similar Off-Highway vehicle
trails public access sticker program to allow residents of

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those 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 off-highway vehicle trails grant
program established under subsection (d) of Section 15 of this
Act without acquiring an Off-Highway vehicle trails public
access sticker in this State under subsection (b) of this
Section.
(f) The Department may license vendors to sell off-highway
vehicle public access stickers. Issuing fees may be set by
administrative rule.
(g) Any person participating in an organized competitive
event on land or lands in off-highway vehicle parks paid for,
operated by, or supported by the grant program established in
subsection (d) of Section 15 shall display the public access
sticker required under subsection (b) of this Section or pay $5
per event. Fees collected under this subsection shall be
deposited into the Off-Highway Vehicle Trails Fund.
(20 ILCS 862/26)
Sec. 26. Operation of off-highway vehicles without an
Off-Highway Vehicle Usage Stamp.
(a) An Off-Highway Vehicle Usage Stamp is a separate and
additional requirement from the Off-Highway vehicle trails
public access sticker under Section 25.5 of this Act.
(b) Except as hereinafter provided, no person shall, on or
after July 1, 2013, operate any off-highway vehicle within the

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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

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subject to administrative charges or chargebacks unless
otherwise authorized by this Act.
(Source: P.A. 97-1136, eff. 1-1-13; 98-820, eff. 8-1-14.)
(20 ILCS 862/36.5 new)
Sec. 36.5. Off-highway vehicle owner responsibilities. It
shall be unlawful for the owner of any off-highway vehicle to
knowingly allow any minor child to operate his or her
off-highway vehicle in violation of this Act.
(20 ILCS 862/55 new)
Sec. 55. Rulemaking. The Department may adopt, under the
Illinois Administrative Procedure Act, all rules necessary to
carry out its duties under this Act.