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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1879 Introduced 2/15/2013, by Sen. Andy Manar SYNOPSIS AS INTRODUCED:
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Amends the Illinois Vehicle Code. Provides that no person, except persons permitted by law, shall operate or ride any all-terrain vehicle or off-highway motorcycle with any firearm in his or her possession unless he or she is in compliance with certain provisions of the Deadly Weapons Article of the Criminal Code of 2012 (rather than the Wildlife Code). Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Vehicle Code is amended by changing |
| 5 | | Section 11-1427 as follows:
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| 6 | | (625 ILCS 5/11-1427)
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| 7 | | Sec. 11-1427.
Illegal operation of an all-terrain vehicle
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| 8 | | or off-highway motorcycle. It is unlawful for any person to |
| 9 | | drive
or operate any all-terrain vehicle or off-highway |
| 10 | | motorcycle in the following
ways:
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| 11 | | (a) Careless Operation. No person shall operate any |
| 12 | | all-terrain vehicle
or off-highway motorcycle in a careless or |
| 13 | | heedless manner so as to be
grossly indifferent to the person |
| 14 | | or property of other persons, or at a
rate of speed greater |
| 15 | | than will permit him in the exercise of reasonable
care to |
| 16 | | bring the all-terrain vehicle or off-highway motorcycle to a |
| 17 | | stop
within the assured clear distance ahead.
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| 18 | | (b) Reckless Operation. No person shall operate any |
| 19 | | all-terrain vehicle
or off-highway motorcycle in such a manner |
| 20 | | as to endanger the life, limb or
property of any person.
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| 21 | | (c) Within any nature preserve as defined in Section 3.11 |
| 22 | | of the
Illinois Natural Areas Preservation Act.
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| 23 | | (d) On the tracks or right of way of an operating railroad.
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| 1 | | (e) In any tree nursery or planting in a manner which |
| 2 | | damages or
destroys growing stock, or creates a substantial |
| 3 | | risk thereto.
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| 4 | | (f) On private property, without the written or verbal |
| 5 | | consent of the
owner or lessee thereof. Any person operating an |
| 6 | | all-terrain vehicle or off-highway
motorcycle upon lands of
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| 7 | | another shall stop and identify himself upon the request of the
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| 8 | | landowner or his duly authorized representative, and, if |
| 9 | | requested to do
so by the landowner shall promptly remove the |
| 10 | | all-terrain vehicle or
off-highway motorcycle from the |
| 11 | | premises.
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| 12 | | (g) Notwithstanding any other law to the contrary, an |
| 13 | | owner, lessee,
or occupant of premises owes no duty of care to |
| 14 | | keep
the premises safe for entry or use by others for use by an |
| 15 | | all-terrain
vehicle or off-highway motorcycle, or to
give |
| 16 | | warning of any condition, use, structure or activity
on such |
| 17 | | premises.
This subsection does not apply where permission to |
| 18 | | drive or operate an
all-terrain vehicle or off-highway |
| 19 | | motorcycle
is given for a valuable consideration other than to |
| 20 | | this
State, any political subdivision or municipality of this |
| 21 | | State, or any
landowner
who is paid with funds from the |
| 22 | | Off-Highway Vehicle Trails Fund. In
the case of land leased to |
| 23 | | the State or a subdivision of the State, any
consideration |
| 24 | | received is not valuable consideration within the meaning of
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| 25 | | this Section.
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| 26 | | Nothing in this subsection limits in any way liability |
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| 1 | | which
otherwise exists for willful or malicious failure to |
| 2 | | guard or warn against
a dangerous condition, use, structure, or |
| 3 | | activity.
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| 4 | | (h) On publicly owned lands unless such lands are |
| 5 | | designated for use by
all-terrain vehicles or off-highway |
| 6 | | motorcycles.
For publicly owned lands to be designated for use |
| 7 | | by all-terrain vehicles
or off-highway motorcycles a public |
| 8 | | hearing shall be conducted by the
governmental entity that has |
| 9 | | jurisdiction over the proposed land
prior to the designation.
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| 10 | | Nothing in this subsection limits in any way liability |
| 11 | | which
otherwise exists for willful or malicious failure to |
| 12 | | guard or warn against
a dangerous condition, use, structure, or |
| 13 | | activity.
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| 14 | | (h-1) At a rate of speed too fast for conditions, and the |
| 15 | | fact that the
speed of the all-terrain vehicle or off-highway |
| 16 | | motorcycle does not exceed the
applicable maximum speed
limit |
| 17 | | allowed does not relieve the driver from the duty to decrease
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| 18 | | speed as may be necessary to avoid colliding with any person, |
| 19 | | vehicle,
or object within legal requirements and the duty of |
| 20 | | all persons to use
due care.
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| 21 | | (h-2) On the frozen surface of public waters of this State |
| 22 | | within 100
feet of a person, including a skater, not in or upon |
| 23 | | an
all-terrain vehicle or off-highway motorcycle; within
100 |
| 24 | | feet of a person engaged in fishing, except at the minimum |
| 25 | | speed
required to maintain forward movement of the all-terrain |
| 26 | | vehicle or off-highway
motorcycle; on an area
which has been |
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| 1 | | cleared of snow for skating purposes unless the area is
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| 2 | | necessary for access to the frozen waters of this State.
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| 3 | | (h-3) Within 100 feet of a dwelling between midnight and 6 |
| 4 | | a.m. at a
speed greater than the minimum required to maintain |
| 5 | | forward movement of
the all-terrain vehicle or off-highway |
| 6 | | motorcycle. This subdivision (h-5) does
not
apply on private |
| 7 | | property
where verbal or written consent of the owner or lessee |
| 8 | | has been granted
to drive or operate an all-terrain vehicle or |
| 9 | | off-highway motorcycle upon the
private property or frozen |
| 10 | | waters of this State.
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| 11 | | (i) Other Prohibitions.
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| 12 | | (1) No person, except persons permitted by
law, shall |
| 13 | | operate or ride any all-terrain vehicle or off-highway
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| 14 | | motorcycle with any firearm in his or her possession unless |
| 15 | | he or she is
in compliance with Sections 24-1, 24-1.6, and |
| 16 | | 24-2 of the Criminal Code of 2012 Section 2.33 of the |
| 17 | | Wildlife Code.
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| 18 | | (2) No person shall operate any all-terrain vehicle or |
| 19 | | off-highway
motorcycle emitting pollutants in violation of |
| 20 | | standards established
pursuant to the Environmental |
| 21 | | Protection Act.
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| 22 | | (3) No person shall deposit from an all-terrain vehicle |
| 23 | | or off-highway
motorcycle on the snow, ice or ground |
| 24 | | surface, trash, glass, garbage,
insoluble material, or |
| 25 | | other offensive matter.
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| 26 | | (Source: P.A. 90-14, eff. 9-1-97; 90-287, eff. 1-1-98.)
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