Full Text of SB3290 98th General Assembly
SB3290 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB3290 Introduced 2/14/2014, by Sen. Pat McGuire SYNOPSIS AS INTRODUCED: |
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Premises Liability Act is amended by | 5 | | changing 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" | 9 | | means:
| 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 | 22 | | existence on
January 1, 2002 is immune from any criminal | 23 | | liability arising out of or as a
consequence of noise or sound |
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| 1 | | emissions resulting from the normal use of
the off-road riding | 2 | | facility.
An owner or operator of a off-road
riding facility is | 3 | | not subject to any
action for public or private nuisance or | 4 | | trespass, and no court in this State
may enjoin the use or | 5 | | operation of a off-road riding facility
on the basis of noise | 6 | | or sound emissions resulting from the
normal use of the | 7 | | off-road riding facility.
| 8 | | (c) An owner or operator of a off-road riding facility | 9 | | placed in operation
after January 1, 2002 is immune from any | 10 | | criminal liability and is not subject
to
any action for public | 11 | | or private nuisance or trespass arising out of or as a
| 12 | | consequence of noise or sound emissions resulting from the | 13 | | normal use of
the off-road riding facility, if the off-road | 14 | | riding facility conforms to any
one of
the following | 15 | | requirements:
| 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 | 3 | | there is
willful or wanton misconduct outside the normal use of | 4 | | the off-road riding
facility.
| 5 | | (Source: P.A. 92-857, eff. 1-1-03.)
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