Full Text of SB2847 96th General Assembly
SB2847 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2847
Introduced 1/28/2010, by Sen. Christine Radogno - Dale A. Righter SYNOPSIS AS INTRODUCED: |
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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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SB2847 |
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LRB096 17000 AJT 32313 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Snowmobile Registration and Safety Act is | 5 |
| amended by changing Section 5-1 as follows:
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| (625 ILCS 40/5-1) (from Ch. 95 1/2, par. 605-1)
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| 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.
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| B. In a careless, reckless, or negligent manner.
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| C. (Blank)
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| D. At any time without at least one lighted headlamp and | 19 |
| one lighted
tail lamp on the snowmobile.
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| E. Within any nature preserve.
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| F. On the tracks or right of way of an operating railroad.
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| 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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| risk thereto.
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| 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.
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| I. Notwithstanding any other law to the contrary, an owner, | 10 |
| lessee,
or occupant of premises owes no duty of care to keep
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| the premises safe for entry or use by others for snowmobiling, | 12 |
| or to
give warning of any condition, use, structure or activity
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| 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
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| 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.
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| 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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| 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
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| 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.
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| 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.
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| 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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| private property or frozen waters of this State.
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| 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
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| 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
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| consideration is given to such owner, occupant or lessee by the | 15 |
| State or
one of its political subdivisions.
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| N. Notwithstanding any other law or Section of this Act to | 17 |
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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
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| subdivision or municipality thereof has any interest.
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| (Source: P.A. 89-55, eff. 1-1-96.)
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