Bill Text: IL SB3091 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Snowmobile Registration and Safety Act. Provides that a person convicted of operating a snowmobile required to be registered and numbered under the Act shall be fined $250 for a first offense and $500 for a second or subsequent offense. Raises the new, transfer-renewal, and renewal snowmobile registration fee from $18 to $30 and to $45 for the registration years beginning on or after January 1, 2017. Provides that 50 percent (rather than 33 percent) of those collected fees and trail use sticker fees shall be deposited into the Snowmobile Trail Establishment Fund, a special fund in the State treasury. Provides that snowmobiles that are not registered and numbered and that are not exempt from the registration and numbering requirement are required to display a trail use sticker, and the cost of the sticker is $25. Provides that no person shall operate, register or maintain registration of, and no owner shall permit another person to operate, register or maintain registration of, a snowmobile in this State unless the snowmobile is covered by a liability insurance policy. Provides that a person convicted of violating the mandatory insurance provision is guilty of a petty offense and shall be required to pay a fine in excess of $500, but not more than $1,000.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2010-07-26 - Public Act . . . . . . . . . 96-1291 [SB3091 Detail]
Download: Illinois-2009-SB3091-Enrolled.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Snowmobile Registration and Safety Act is | ||||||
5 | amended by changing Sections 3-1, 3-2, 3-5, 3-8, 3-11, and 9-2 | ||||||
6 | and by adding Sections 3-12 and 3-13 as follows:
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7 | (625 ILCS 40/3-1) (from Ch. 95 1/2, par. 603-1)
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8 | Sec. 3-1. Operation of Unnumbered Snowmobiles. | ||||||
9 | (a) Except as hereinafter provided, no person who is a | ||||||
10 | resident of this State shall, after the effective
date of this | ||||||
11 | Act, operate any snowmobile within this State unless such
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12 | snowmobile has been registered and numbered in accordance with | ||||||
13 | the
provisions of this Article, and unless (1) the certificate | ||||||
14 | of number
awarded to such snowmobile is in full force and | ||||||
15 | effect. A person who is not a resident of this State and who | ||||||
16 | operates a snowmobile within this State may register that | ||||||
17 | snowmobile in this State, but in the event that he or she does | ||||||
18 | not, and he or she is not otherwise exempt under subsection (c) | ||||||
19 | of Section 3-12 of this Article, he or she must obtain and | ||||||
20 | display a trail use sticker in accordance with Section 3-12 of | ||||||
21 | this Article.
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22 | (b) A person convicted of violating this Section is guilty | ||||||
23 | of a petty offense. |
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1 | (Source: P.A. 81-702.)
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2 | (625 ILCS 40/3-2) (from Ch. 95 1/2, par. 603-2)
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3 | Sec. 3-2. Identification Number Application. The owner of | ||||||
4 | each snowmobile requiring numbering by this State shall
file an | ||||||
5 | application for number with the Department on forms approved by
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6 | it. The application shall be signed by the owner of the | ||||||
7 | snowmobile and
shall be accompanied by a fee of $30 $18 . When a | ||||||
8 | snowmobile dealer
sells a snowmobile the dealer shall, at the | ||||||
9 | time of sale, require the buyer
to complete an application for | ||||||
10 | the registration certificate, collect the
required fee and mail | ||||||
11 | the application and fee to the Department no later
than 14 days | ||||||
12 | after the date of sale. Combination application-receipt forms
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13 | shall be provided by the Department and the dealer shall | ||||||
14 | furnish the buyer
with the completed receipt showing that | ||||||
15 | application for registration has
been made. This completed | ||||||
16 | receipt shall be in the possession of the user
of the | ||||||
17 | snowmobile until the registration certificate is received. No
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18 | snowmobile dealer may charge an additional fee to the buyer for | ||||||
19 | performing
this service required under this subsection. | ||||||
20 | However, no purchaser
exempted under Section 3-11 of this Act | ||||||
21 | shall be charged any fee or be
subject to the other | ||||||
22 | requirements of this Section. The application form
shall so | ||||||
23 | state in clear language the requirements of this Section and | ||||||
24 | the
penalty for violation near the place on the application | ||||||
25 | form provided for
indicating the intention to register in |
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1 | another jurisdiction. Each dealer
shall maintain, for one year, | ||||||
2 | a record in a form prescribed by the
Department for each | ||||||
3 | snowmobile sold. These records shall be open to
inspection by | ||||||
4 | the Department. Upon receipt of the application in
approved | ||||||
5 | form the Department shall enter the same upon the records of
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6 | its office and issue to the applicant a certificate of number | ||||||
7 | stating
the number awarded to the snowmobile and the name and | ||||||
8 | address of the owner.
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9 | For the registration years beginning on or after January 1, | ||||||
10 | 2017, the application shall be signed by the owner of the | ||||||
11 | snowmobile and
shall be accompanied by a fee of $45. | ||||||
12 | (Source: P.A. 92-174, eff. 7-26-01.)
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13 | (625 ILCS 40/3-5) (from Ch. 95 1/2, par. 603-5)
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14 | Sec. 3-5. Transfer of Identification Number. The purchaser | ||||||
15 | of a snowmobile
shall, within 15 days after acquiring same, | ||||||
16 | make application to the Department
for the transfer to him of | ||||||
17 | the certificate of number issued to the snowmobile,
giving his | ||||||
18 | name, his address and the number of the snowmobile. The | ||||||
19 | purchaser
shall apply for a transfer-renewal for a fee of $30 | ||||||
20 | $18 for
approximately 3 years.
All transfers will bear | ||||||
21 | September 30 expiration dates in the calendar year of
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22 | expiration. Upon receipt of the application and fee, the | ||||||
23 | Department shall
transfer the certificate of number issued to | ||||||
24 | the snowmobile to the new
owner. Unless the application is made | ||||||
25 | and fee paid within 30 days, the
snowmobile shall be deemed to |
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1 | be without certificate of number and it shall
be unlawful for | ||||||
2 | any person to operate the snowmobile until the certificate
is | ||||||
3 | issued. | ||||||
4 | For the registration years beginning on or after January 1, | ||||||
5 | 2017, the purchaser
shall apply for a transfer-renewal for a | ||||||
6 | fee of $45 for
approximately 3 years.
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7 | (Source: P.A. 92-174, eff. 7-26-01.)
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8 | (625 ILCS 40/3-8) (from Ch. 95 1/2, par. 603-8)
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9 | Sec. 3-8. Certificate of Number. Every certificate of | ||||||
10 | number awarded under this Act shall continue in
full force and | ||||||
11 | effect for approximately 3 years unless sooner terminated or
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12 | discontinued in accordance with this Act. All new certificates | ||||||
13 | issued will
bear September 30 expiration dates in the calendar | ||||||
14 | year 3 years after the
issuing date. Provided however, that the | ||||||
15 | Department may, for purposes of
implementing this Section, | ||||||
16 | adopt rules for phasing in the issuance of new
certificates and | ||||||
17 | provide for 1, 2 or 3 year expiration dates and pro-rated
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18 | payments or charges for each registration.
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19 | All certificates shall be renewed for 3 years from the | ||||||
20 | nearest September
30 for a fee of $30 $18 . All certificates | ||||||
21 | will be considered invalid
after
October 15 of the year of | ||||||
22 | expiration. All certificates expiring in a given
year shall be | ||||||
23 | renewed between April 1 and September 30 of that year, in
order | ||||||
24 | to allow sufficient time for processing.
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25 | The Department shall issue "registration expiration |
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1 | decals" with all new
certificates of number, all certificates | ||||||
2 | of number transferred and renewed,
and all certificates of | ||||||
3 | number renewed. The decals issued for each year shall
be of a | ||||||
4 | different and distinct color from the decals of each year | ||||||
5 | currently
displayed. The decals shall be affixed to each side | ||||||
6 | of the cowling of the
snowmobile in the manner prescribed by | ||||||
7 | the rules and regulations of the
Department. The Department | ||||||
8 | shall fix a day and month of the year on which
certificates of | ||||||
9 | number due to expire shall lapse and no longer be of any
force | ||||||
10 | and effect unless renewed pursuant to this Act.
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11 | No number or registration expiration decal, except a | ||||||
12 | sticker or number
which may be required by a political | ||||||
13 | subdivision, municipality,
or
state, other than the | ||||||
14 | registration expiration decal issued to a snowmobile
or granted | ||||||
15 | reciprocity pursuant to this Act, shall be painted, attached,
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16 | or
otherwise displayed on either side of the cowling of such | ||||||
17 | snowmobile.
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18 | A dealer engaged in the manufacture, sale, or leasing of | ||||||
19 | snowmobiles
required to be numbered hereunder, upon | ||||||
20 | application to the Department upon
forms prescribed by it, may | ||||||
21 | obtain certificates of number for use in the
testing or | ||||||
22 | demonstrating of such snowmobiles upon payment of $30 $18
for | ||||||
23 | each
registration. Certificates of number so issued may be used | ||||||
24 | by the applicant
in the testing or demonstrating of snowmobiles | ||||||
25 | by temporary placement of
the registration expiration decals | ||||||
26 | assigned by such certificates on the
snowmobile so tested or |
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1 | demonstrated.
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2 | For the registration years beginning on or after January 1, | ||||||
3 | 2017, every certificate of number awarded under this Section | ||||||
4 | shall be accompanied by a fee of $45. | ||||||
5 | (Source: P.A. 92-174, eff. 7-26-01.)
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6 | (625 ILCS 40/3-11) (from Ch. 95 1/2, par. 603-11)
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7 | Sec. 3-11.
Exception from numbering provisions of this | ||||||
8 | Act.) A snowmobile
shall not be required to be numbered under | ||||||
9 | this Act if it is:
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10 | A. Owned and used by the United States, another state, or a | ||||||
11 | political
subdivision thereof, but such snowmobiles shall | ||||||
12 | display the name of the
owner on the cowling thereof.
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13 | B. (Blank). Covered by a valid registration or license of | ||||||
14 | another state, province
or country which is the domicile of the | ||||||
15 | owner of the snowmobile and is not
operated within this State | ||||||
16 | on more than 30 consecutive days in any calendar
year.
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17 | C. Owned and operated on lands owned by the owner or | ||||||
18 | operator or on lands
to which he has a contractual right other | ||||||
19 | than as a member of a club or
association, provided the | ||||||
20 | snowmobile is not operated elsewhere within the
state.
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21 | D. Used only on international or national competition | ||||||
22 | circuits in events
for which written permission has been | ||||||
23 | obtained by the sponsoring or sanctioning
body from the | ||||||
24 | governmental unit having jurisdiction over the location of
any | ||||||
25 | event held in this State.
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1 | E. Owned by persons domiciled in Illinois but used entirely | ||||||
2 | in another
jurisdiction when such owner has complied with the | ||||||
3 | provisions of Section
3-2 of this Act.
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4 | F. Designed for use by small children primarily as a toy | ||||||
5 | and used only on
private property and not on any public use | ||||||
6 | trail.
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7 | (Source: P.A. 92-174, eff. 7-26-01.)
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8 | (625 ILCS 40/3-12 new) | ||||||
9 | Sec. 3-12. Trail use stickers. | ||||||
10 | (a) Except as provided in subsection (c) of this Section, a | ||||||
11 | person who is not a resident of this State shall not operate a | ||||||
12 | snowmobile in this State unless a numbered trail use sticker | ||||||
13 | issued under this Section is displayed on the snowmobile. | ||||||
14 | (b) The fee for a trail use sticker issued for a snowmobile | ||||||
15 | under subsection (a) of this Section is $25 per registration | ||||||
16 | year. A trail use sticker issued for such a snowmobile may be | ||||||
17 | issued only by the Department and persons appointed by the | ||||||
18 | Department and expires on June 30 of each registration year. | ||||||
19 | (c) A snowmobile that is registered and numbered in | ||||||
20 | accordance with the provisions of this Article or that is | ||||||
21 | exempt from registration under Section 3-11 of this Article is | ||||||
22 | exempt from having a trail use sticker displayed under | ||||||
23 | subsection (a) of this Section. | ||||||
24 | (d)
The Department may appoint any person who is not an | ||||||
25 | employee of the Department as the Department's agent to issue |
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1 | trail use stickers and collect the fees for the stickers. | ||||||
2 | (e) The Department shall establish by rule procedures for | ||||||
3 | issuing trail use stickers, and the Department may promulgate | ||||||
4 | rules regulating the activities of persons who are authorized | ||||||
5 | to be agents under this Section.
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6 | (625 ILCS 40/3-13 new) | ||||||
7 | Sec. 3-13. Mandatory liability insurance. | ||||||
8 | (a) Other than a person operating a snowmobile on their own | ||||||
9 | property that is not a posted snowmobile trail, and other than | ||||||
10 | a person operating a snowmobile on property other than a posted | ||||||
11 | snowmobile trail in which the owner of the property has given | ||||||
12 | his or her written or oral consent to the person to operate a | ||||||
13 | snowmobile on the property, no person shall operate, register, | ||||||
14 | or maintain registration of, and no owner shall permit another | ||||||
15 | person to operate, register or maintain registration of, a | ||||||
16 | snowmobile in this State unless the snowmobile is covered by a | ||||||
17 | liability insurance policy. | ||||||
18 | The insurance policy shall be issued in amounts no less | ||||||
19 | than the minimum amounts set for bodily injury or death and for | ||||||
20 | destruction of property under Section 7-203 of the Illinois | ||||||
21 | Vehicle Code, and shall be issued in accordance with the | ||||||
22 | requirements of Sections 143a and 143a-2 of the Illinois | ||||||
23 | Insurance Code, as amended. No insurer other than an insurer | ||||||
24 | authorized to do business in this State shall issue a policy | ||||||
25 | pursuant to this Section 3-13. Nothing herein shall deprive an |
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1 | insurer of any policy defense available at common law. | ||||||
2 | (b) Proof of insurance as required by this Section shall be | ||||||
3 | produced and displayed by the owner or operator of the | ||||||
4 | snowmobile upon request to any law enforcement officer or to | ||||||
5 | any person who has suffered or claims to have suffered either | ||||||
6 | personal injury or property damage as a result of the operation | ||||||
7 | of the snowmobile by the owner or operator. | ||||||
8 | (c) Except as provided in subsection (d), any operator of a | ||||||
9 | snowmobile subject to registration and numbering under this Act | ||||||
10 | who is convicted of violating subsection (a) of this Section is | ||||||
11 | guilty of a petty offense and shall be required to pay a fine | ||||||
12 | in excess of $500, but not more than $1,000. However, no person | ||||||
13 | charged with violating this Section shall be convicted if such | ||||||
14 | person produces in court satisfactory evidence that at the time | ||||||
15 | of the arrest the snowmobile was covered by a liability | ||||||
16 | insurance policy in accordance with subsection (a) of this | ||||||
17 | Section. The chief judge of each circuit may designate an | ||||||
18 | officer of the court to review the documentation demonstrating | ||||||
19 | that at the time of arrest the snowmobile was covered by a | ||||||
20 | liability insurance policy in accordance with subsection (a) of | ||||||
21 | this Section. | ||||||
22 | (d) A person who (i) has not previously been convicted of | ||||||
23 | or received a disposition of court supervision for violating | ||||||
24 | subsection (a) of this Section and (ii) produces at his or her | ||||||
25 | court appearance satisfactory evidence that the snowmobile is | ||||||
26 | covered, as of the date of the court appearance, by a liability |
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1 | insurance policy in accordance with Section 7-601 of the | ||||||
2 | Illinois Vehicle Code shall, for a violation of this Section, | ||||||
3 | pay a fine of $100 and receive a disposition of court | ||||||
4 | supervision. The person must, on the date that the period of | ||||||
5 | court supervision is scheduled to terminate, produce | ||||||
6 | satisfactory evidence that the snowmobile was covered by the | ||||||
7 | required liability insurance policy during the entire period of | ||||||
8 | court supervision. | ||||||
9 | An officer of the court designated under subsection (c) may | ||||||
10 | also review liability insurance documentation under this | ||||||
11 | subsection (d) to determine if the snowmobile is, as of the | ||||||
12 | date of the court appearance, covered by a liability insurance | ||||||
13 | policy in accordance with Section 7-601 of the Illinois Vehicle | ||||||
14 | Code. The officer of the court shall also determine, on the | ||||||
15 | date the period of court supervision is scheduled to terminate, | ||||||
16 | whether the snowmobile was covered by the required policy | ||||||
17 | during the entire period of court supervision.
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18 | (625 ILCS 40/9-2) (from Ch. 95 1/2, par. 609-2)
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19 | Sec. 9-2. Special fund. There is created a special fund in | ||||||
20 | the State
Treasury
to be known as the Snowmobile Trail | ||||||
21 | Establishment Fund. Fifty Thirty-three
percent of each
new, | ||||||
22 | transfer-renewal , and renewal registration , and trail use | ||||||
23 | sticker fee collected under
Sections 3-2, 3-5 , and 3-8 , and | ||||||
24 | 3-12 of this Act shall be deposited in the
fund. The fund shall | ||||||
25 | be administered by the Department and shall be used
for |
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1 | disbursement, upon written application to and subsequent
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2 | approval by the Department, to nonprofit snowmobile clubs and | ||||||
3 | organizations
for construction, management, maintenance, and | ||||||
4 | rehabilitation of snowmobile trails and
areas for the use of | ||||||
5 | snowmobiles, including plans and specifications,
engineering
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6 | surveys and supervision where necessary. The Department
shall | ||||||
7 | promulgate such rules or regulations as it deems necessary for | ||||||
8 | the
administration of the fund. It is the intent that the fees | ||||||
9 | collected herein shall be used only for the Snowmobile Trail | ||||||
10 | Establishment Fund.
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11 | (Source: P.A. 92-174, eff. 7-26-01.)
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12 | Section 99. Effective date. This Act takes effect April 1, | ||||||
13 | 2011.
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