Illinois General Assembly - Full Text of SB3091
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Full Text of SB3091  96th General Assembly




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1     AN ACT concerning transportation.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
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:
7     (625 ILCS 40/3-1)  (from Ch. 95 1/2, par. 603-1)
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
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.
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.)
2     (625 ILCS 40/3-2)  (from Ch. 95 1/2, par. 603-2)
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
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
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
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
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.
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.)
13     (625 ILCS 40/3-5)  (from Ch. 95 1/2, par. 603-5)
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
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.
7 (Source: P.A. 92-174, eff. 7-26-01.)
8     (625 ILCS 40/3-8)  (from Ch. 95 1/2, par. 603-8)
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
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
18 payments or charges for each registration.
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.
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.
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,
16 or otherwise displayed on either side of the cowling of such
17 snowmobile.
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.
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.)
6     (625 ILCS 40/3-11)  (from Ch. 95 1/2, par. 603-11)
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:
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.
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.
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.
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.
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.
7 (Source: P.A. 92-174, eff. 7-26-01.)
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.
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.
18     (625 ILCS 40/9-2)  (from Ch. 95 1/2, par. 609-2)
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
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
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.
11 (Source: P.A. 92-174, eff. 7-26-01.)
12     Section 99. Effective date. This Act takes effect April 1,
13 2011.