Public Act 096-1291
 
SB3091 EnrolledLRB096 16332 AJT 31594 b

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