Full Text of SB1949 100th General Assembly
SB1949 100TH GENERAL ASSEMBLY |
| | 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 |
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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, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Snowmobile Registration and Safety Act is | 5 | | amended 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 | 8 | | person to drive
or operate any snowmobile in the
the following | 9 | | ways: | 10 | | A. At a rate of speed too fast for conditions and the fact | 11 | | that the
speed of the snowmobile does not exceed the applicable | 12 | | maximum speed
limit allowed does not relieve the driver from | 13 | | the duty to decrease
speed as may be necessary to avoid | 14 | | colliding with any person or vehicle
or object within legal | 15 | | requirements 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 | 19 | | one 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 | 23 | | damages or
destroys growing stock, or creates a substantial |
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| 1 | | risk thereto.
| 2 | | H. On private property, without the written or verbal | 3 | | consent of the
owner or lessee thereof. Any person operating a | 4 | | snowmobile upon lands of
another shall stop and identify | 5 | | himself upon the request of the
landowner or his duly | 6 | | authorized representative, and, if requested to do
so by the | 7 | | landowner shall promptly remove the snowmobile from the | 8 | | premises.
| 9 | | I. Notwithstanding any other law to the contrary, an owner, | 10 | | lessee,
or occupant of premises owes no duty of care to keep
| 11 | | the premises safe for entry or use by others for snowmobiling, | 12 | | or to
give warning of any condition, use, structure or activity
| 13 | | on such premises. This subsection does not apply where | 14 | | permission to
snowmobile is given for a valuable consideration | 15 | | other than to this
State, any political subdivision or | 16 | | municipality thereof, or any landowner
who is paid with funds | 17 | | from the Snowmobile Trail Establishment Fund. In
the case of | 18 | | land leased to the State or a subdivision thereof, any
| 19 | | consideration received is not valuable consideration within | 20 | | the meaning of
this section. Nothing in this section limits in | 21 | | any way liability which
otherwise exists for willful or | 22 | | malicious failure to guard or warn against
a dangerous | 23 | | condition, use, structure, or activity.
| 24 | | J. Notwithstanding any other law to the contrary, an owner, | 25 | | lessee
or occupant of premises who gives permission to
another | 26 | | to snowmobile upon such premises does not thereby extend any
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| 1 | | assurance that the premises are safe for such purpose, or | 2 | | assume
responsibility for or incur liability for any injury to | 3 | | person or
property caused by any act or omission of persons to | 4 | | whom the
permission to snowmobile is granted.
This subsection | 5 | | shall not apply where permission to snowmobile is given
for a | 6 | | valuable consideration other than to this State, any political
| 7 | | subdivision or municipality thereof, or any landowner who is | 8 | | paid with funds
from the Snowmobile Trail Establishment Fund. | 9 | | In the case of land leased
to the State or a subdivision | 10 | | thereof, any consideration received is not
valuable | 11 | | consideration within the meaning of this section. Nothing in | 12 | | this
section limits in any way liability which otherwise exists | 13 | | for willful or
malicious failure to guard or warn against a | 14 | | dangerous condition, use,
structure, or activity.
| 15 | | K. On the frozen surface of public waters of this State | 16 | | within 100
feet of a person, including a skater not in or upon | 17 | | a
snowmobile; within
100 feet of a person engaged in fishing, | 18 | | except at the minimum speed
required to maintain forward | 19 | | movement of the snowmobile; on an area
which has been cleared | 20 | | of snow for skating purposes unless the area is
necessary for | 21 | | access to the frozen waters of this State.
| 22 | | L. Within 100 feet of a dwelling between midnight and 6 | 23 | | a.m. at a
speed greater than the minimum required to maintain | 24 | | forward movement of
the snowmobile. This provision would not | 25 | | apply on private property
where verbal or written consent of | 26 | | the owner or lessee has been granted
to snowmobile upon such |
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| 1 | | private property or frozen waters of this State.
| 2 | | M. Notwithstanding any other law to the contrary, any | 3 | | owner, lessee
or occupant of premises or any person or | 4 | | association
who, with the permission of the owner of the | 5 | | premises, places, maintains
or displays a sign, signal, marking | 6 | | or device to give warning of any unsafe
condition on the | 7 | | premises for snowmobiling shall not be liable for any personal
| 8 | | injuries allegedly caused by his or her acts or omissions in | 9 | | providing such
warning unless the alleged misconduct was | 10 | | willful or malicious. This
subsection shall not apply where the | 11 | | owner, occupant or lessee of the
premises grants express | 12 | | permission for snowmobiling in exchange for
valuable | 13 | | consideration. However, this subsection will apply where such
| 14 | | consideration is given to such owner, occupant or lessee by the | 15 | | State or
one of its political subdivisions.
| 16 | | N. Notwithstanding any other law or Section of this Act to | 17 | | the
contrary, the State and any political subdivision or | 18 | | municipality thereof
owes no duty of care to keep the premises | 19 | | safe for entry or use by others
for snowmobiling or to guard | 20 | | against or give warnings of any condition,
use, structure or | 21 | | activity on property in which the State and any political
| 22 | | subdivision or municipality thereof has any interest.
| 23 | | (Source: P.A. 89-55, eff. 1-1-96.)
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