Bill Text: IL SB1949 | 2017-2018 | 100th General Assembly | Introduced

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

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2019-01-09 - Session Sine Die [SB1949 Detail]

Download: Illinois-2017-SB1949-Introduced.html

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

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

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

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