100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1949

 

Introduced 2/10/2017, by Sen. Neil Anderson

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 40/5-1  from Ch. 95 1/2, par. 605-1

    Amends the Snowmobile Registration and Safety Act. Makes a technical change in a Section concerning the operation of snowmobiles.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Snowmobile Registration and Safety Act is
5amended by changing Section 5-1 as follows:
 
6    (625 ILCS 40/5-1)  (from Ch. 95 1/2, par. 605-1)
7    Sec. 5-1. Operation Generally. It is unlawful for any
8person to drive or operate any snowmobile in the the following
9ways:
10    A. At a rate of speed too fast for conditions and the fact
11that the speed of the snowmobile does not exceed the applicable
12maximum speed limit allowed does not relieve the driver from
13the duty to decrease speed as may be necessary to avoid
14colliding with any person or vehicle or object within legal
15requirements and the duty of all persons to use due care.
16    B. In a careless, reckless, or negligent manner.
17    C. (Blank)
18    D. At any time without at least one lighted headlamp and
19one lighted tail lamp on the snowmobile.
20    E. Within any nature preserve.
21    F. On the tracks or right of way of an operating railroad.
22    G. In any tree nursery or planting in a manner which
23damages or destroys growing stock, or creates a substantial

 

 

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1risk thereto.
2    H. On private property, without the written or verbal
3consent of the owner or lessee thereof. Any person operating a
4snowmobile upon lands of another shall stop and identify
5himself upon the request of the landowner or his duly
6authorized representative, and, if requested to do so by the
7landowner shall promptly remove the snowmobile from the
8premises.
9    I. Notwithstanding any other law to the contrary, an owner,
10lessee, or occupant of premises owes no duty of care to keep
11the premises safe for entry or use by others for snowmobiling,
12or to give warning of any condition, use, structure or activity
13on such premises. This subsection does not apply where
14permission to snowmobile is given for a valuable consideration
15other than to this State, any political subdivision or
16municipality thereof, or any landowner who is paid with funds
17from the Snowmobile Trail Establishment Fund. In the case of
18land leased to the State or a subdivision thereof, any
19consideration received is not valuable consideration within
20the meaning of this section. Nothing in this section limits in
21any way liability which otherwise exists for willful or
22malicious failure to guard or warn against a dangerous
23condition, use, structure, or activity.
24    J. Notwithstanding any other law to the contrary, an owner,
25lessee or occupant of premises who gives permission to another
26to snowmobile upon such premises does not thereby extend any

 

 

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1assurance that the premises are safe for such purpose, or
2assume responsibility for or incur liability for any injury to
3person or property caused by any act or omission of persons to
4whom the permission to snowmobile is granted. This subsection
5shall not apply where permission to snowmobile is given for a
6valuable consideration other than to this State, any political
7subdivision or municipality thereof, or any landowner who is
8paid with funds from the Snowmobile Trail Establishment Fund.
9In the case of land leased to the State or a subdivision
10thereof, any consideration received is not valuable
11consideration within the meaning of this section. Nothing in
12this section limits in any way liability which otherwise exists
13for willful or malicious failure to guard or warn against a
14dangerous condition, use, structure, or activity.
15    K. On the frozen surface of public waters of this State
16within 100 feet of a person, including a skater not in or upon
17a snowmobile; within 100 feet of a person engaged in fishing,
18except at the minimum speed required to maintain forward
19movement of the snowmobile; on an area which has been cleared
20of snow for skating purposes unless the area is necessary for
21access to the frozen waters of this State.
22    L. Within 100 feet of a dwelling between midnight and 6
23a.m. at a speed greater than the minimum required to maintain
24forward movement of the snowmobile. This provision would not
25apply on private property where verbal or written consent of
26the owner or lessee has been granted to snowmobile upon such

 

 

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1private property or frozen waters of this State.
2    M. Notwithstanding any other law to the contrary, any
3owner, lessee or occupant of premises or any person or
4association who, with the permission of the owner of the
5premises, places, maintains or displays a sign, signal, marking
6or device to give warning of any unsafe condition on the
7premises for snowmobiling shall not be liable for any personal
8injuries allegedly caused by his or her acts or omissions in
9providing such warning unless the alleged misconduct was
10willful or malicious. This subsection shall not apply where the
11owner, occupant or lessee of the premises grants express
12permission for snowmobiling in exchange for valuable
13consideration. However, this subsection will apply where such
14consideration is given to such owner, occupant or lessee by the
15State or one of its political subdivisions.
16    N. Notwithstanding any other law or Section of this Act to
17the contrary, the State and any political subdivision or
18municipality thereof owes no duty of care to keep the premises
19safe for entry or use by others for snowmobiling or to guard
20against or give warnings of any condition, use, structure or
21activity on property in which the State and any political
22subdivision or municipality thereof has any interest.
23(Source: P.A. 89-55, eff. 1-1-96.)