Full Text of SB3091 96th General Assembly
SB3091enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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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| (625 ILCS 40/3-1) (from Ch. 95 1/2, par. 603-1)
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| 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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| snowmobile has been registered and numbered in accordance with | 13 |
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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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| (b) A person convicted of violating this Section is guilty | 23 |
| of a petty offense. |
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| (Source: P.A. 81-702.)
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| (625 ILCS 40/3-2) (from Ch. 95 1/2, par. 603-2)
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| 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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| 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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| 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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| 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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| 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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| 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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| 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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| (625 ILCS 40/3-5) (from Ch. 95 1/2, par. 603-5)
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| 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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| 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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| 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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| (Source: P.A. 92-174, eff. 7-26-01.)
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| (625 ILCS 40/3-8) (from Ch. 95 1/2, par. 603-8)
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| 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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| 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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| payments or charges for each registration.
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| 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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| The Department shall issue "registration expiration |
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| 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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| 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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| or
otherwise displayed on either side of the cowling of such | 17 |
| snowmobile.
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| 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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| demonstrated.
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| 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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| (625 ILCS 40/3-11) (from Ch. 95 1/2, par. 603-11)
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| 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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| 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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| 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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| 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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| 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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| 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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| 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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| (Source: P.A. 92-174, eff. 7-26-01.)
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| (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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| 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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| 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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| 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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| (625 ILCS 40/9-2) (from Ch. 95 1/2, par. 609-2)
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| 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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| disbursement, upon written application to and subsequent
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| 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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| 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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| (Source: P.A. 92-174, eff. 7-26-01.)
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| Section 99. Effective date. This Act takes effect April 1, | 13 |
| 2011.
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