98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3290
 
Introduced 2/14/2014, by Sen. Pat McGuire
 
SYNOPSIS AS INTRODUCED:
 

 



740 ILCS 130/4.1

     Amends the Premises Liability Act. In a Section concerning off-road riding facilities, exempts owners or operators from civil and criminal liability arising out of or as a
consequence of noise or sound emissions resulting from the use (instead of "normal use") of
the off-road riding facility.
  


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A BILL FOR
 

  
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1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Premises Liability Act is amended  by 
5changing Section 4.1 as follows:
 



6    (740 ILCS 130/4.1)



7    Sec. 4.1. Off-road riding facilities; liability. 

8    (a) As used in this Section, "off-road riding
facility" 
9means:


10        (1) an area of land, consisting of a closed course, 
11    designed for
use of off-highway vehicles in events such as, 
12    but not limited to, dirt track,
short track, flat track, 
13    speedway, drag racing, grand prix, hare scrambles,
hill

14    climb, ice racing, observed trails, mud and snow scrambles, 
15    tractor pulls,
sled pulls, truck pulls, mud runs, or other 
16    contests of a side-by-side nature
in
a
sporting event for 
17    practice, instruction, testing, or competition of

18    off-highway
vehicles; or


19        (2) a thoroughfare or track across land or snow used 
20    for
off-highway motorcycles or all-terrain vehicles.

21    (b) An owner or operator of an off-road riding facility in 
22existence on
January 1, 2002 is immune from any criminal 
23liability arising out of or as a
consequence of noise or sound 
 
 
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1emissions resulting from the normal use of
the off-road riding 
2facility.
An owner or operator of a off-road
riding facility is 
3not subject to any
action for public or private nuisance or 
4trespass, and no court in this State
may enjoin the use or 
5operation of a off-road riding facility
on the basis of noise 
6or sound emissions resulting from the
normal use of the 
7off-road riding facility.

8    (c) An owner or operator of a off-road riding facility 
9placed in operation
after January 1, 2002 is immune from any 
10criminal liability and is not subject
to
any action for public 
11or private nuisance or trespass arising out of or as a

12consequence of noise or sound emissions resulting from the 
13normal use of
the off-road riding facility, if the off-road 
14riding facility conforms to any
one of
the following 
15requirements:


16        (1) All areas from which an off-road vehicle may be 
17    properly operated
are at least 1,000 feet from any occupied 
18    permanent dwelling on
adjacent property at the time the 
19    facility was placed into operation.


20        (2) The off-road riding facility is situated on land 
21    otherwise subject to
 land use zoning, and the off-road 
22    riding facility was not prohibited by
the zoning authority 
23    at the time the facility was placed into operation.


24        (3) The off-road riding facility is operated by a 
25    governmental
entity or
the off-road riding facility was the 
26    recipient of grants
under the Recreational Trails of 
 
 
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1    Illinois Act.

2    (d) The civil immunity in subsection (c) does not apply if 
3there is
willful or wanton misconduct outside the normal use of 
4the off-road riding
facility.

5(Source: P.A. 92-857, eff. 1-1-03.)