Sen. Don Harmon
Filed: 4/15/2013
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 1042




2    AMENDMENT NO. ______. Amend Senate Bill 1042 by replacing 
3everything after the enacting clause with the following: 

 
4    "Section 5. The Recreational Use of Land and Water Areas 
5Act is amended  by changing Sections 2, 4, 6, and 7 as follows:
 



6    (745 ILCS 65/2)  (from Ch. 70, par. 32)



7    Sec. 2. As used in this Act, unless the context otherwise 
8requires: 

9        (a) "Land" includes roads, land, water, watercourses, 
10    private ways and
buildings, structures, and machinery or 
11    equipment when attached to the
realty, but does not include 
12    residential buildings or residential property.

13        (b) "Owner" includes the possessor of any interest in 
14    land, whether it be a
tenant, lessee, occupant, holder of a 
15    conservation easement, the State of Illinois and its 
16    political
subdivisions, or person in control of the 
 
 
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1    premises.

2        (c) "Recreational or conservation purpose" means: 
3            (1) entry onto the land of another to conduct 
4        hunting or recreational shooting or a combination 
5        thereof or any activity solely related to the aforesaid 
6        hunting or recreational shooting; or .

7            (2) entry by the general public onto the land of 
8        another for any activity undertaken

          for conservation, 
9        resource management, educational, or outdoor 
10        recreational use. 
11        (d) "Charge" means an admission fee for permission to 
12    go upon the
land, but does not include: the sharing of 
13    game, fish or other products of
recreational use; or 
14    benefits to or arising from the recreational use; or

15    contributions in kind, services or cash made for the 
16    purpose of properly
conserving the land.

17        (e) "Person" includes any person, regardless of age, 
18    maturity, or
experience, who enters upon or uses land for 
19    recreational purposes.

20        (f) "Invites", for the purposes of this Act, means the 
21    words or conduct of the owner would lead a reasonable 
22    person to believe that the owner desires the particular 
23    person to enter the land to the exclusion of the general 
24    public. No economic interest on the part of the owner is 
25    required. 
26        (g) "Permits", for the purposes of this Act, means the 
 
 
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1    words or conduct of the owner would lead a reasonable 
2    person to believe that the owner is willing to allow the 
3    general public to enter the land.  The words or conduct of 
4    the owner inviting (i) the general public to enter the land 
5    or (ii) particular persons to enter the land for a 
6    recreational or conservation purpose as defined in 
7    paragraph (1) of subsection (c) of this Section shall be 
8    construed as "permits" for purposes of this Act. 
9    The changes to this Section made by this amendatory Act of 
10the 98th General Assembly apply only to causes of action 
11accruing on or after the effective date of this amendatory Act 
12of the 98th General Assembly. 
13(Source: P.A. 94-625, eff. 8-18-05.)

 



14    (745 ILCS 65/4)  (from Ch. 70, par. 34)



15    Sec. 4. 
Except as specifically recognized by or provided in 
16Section 6 of
this Act, an owner of land who either directly or 
17indirectly invites or
permits without charge any person to use 
18such property for recreational
or conservation purposes does 
19not thereby:

20        (a) Extend any assurance that the premises are safe for 
21    any purpose.

22        (b) Confer upon such person the legal status of an 
23    invitee or licensee
to whom a duty of care is owed.

24        (c) Assume responsibility for or incur liability for 
25    any injury to
person or property caused by an act or 
 
 
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1    omission of such person or any other
person who enters upon 
2    the land.

3        (d) Assume responsibility for or incur liability for 
4    any injury to
such person or property caused by any natural 
5    or artificial condition,
structure or personal property on 
6    the premises.

7    The changes to this Section made by this amendatory Act of 
8the 98th General Assembly apply only to causes of action 
9accruing on or after the effective date of this amendatory Act 
10of the 98th General Assembly. 
11(Source: P.A. 86-414.)

 



12    (745 ILCS 65/6)  (from Ch. 70, par. 36)



13    Sec. 6. 
Nothing in this Act limits in any way any liability 
14which otherwise
exists:

15        (a) For willful and wanton failure to guard or warn 
16    against a
 dangerous condition, use, structure, or 
17    activity.

18        (b) For injury suffered in any case where the owner of 
19    land invites, as defined in subsection (f) of Section 2 of 
20    this Act,  or charges the
person or persons who enter or go 
21    on the land for the recreational use
thereof, except that 
22    in the case of land leased to the State or a
subdivision 
23    thereof, any consideration received by the owner for such 
24    lease
is not a charge within the meaning of this Section.

25    The changes to this Section made by this amendatory Act of 
 
 
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1the 98th General Assembly apply only to causes of action 
2accruing on or after the effective date of this amendatory Act 
3of the 98th General Assembly. 
4(Source: P.A. 85-959.)

 

5    Section 99. Effective date. This Act takes effect upon 
6becoming law.".