98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3407

 

Introduced , by Rep. Dwight Kay

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 130/2  from Ch. 80, par. 302
740 ILCS 130/3  from Ch. 80, par. 303

    Reenacts and changes provisions of the Premises Liability Act that were added by Public Act 89-7, which was held to be void in its entirety by the Illinois Supreme Court in Best v. Taylor Machine Works. Includes findings. The reenacted provisions describe the duty of reasonable care owed to invited entrants by an owner or occupier of premises, and provide that an owner or occupier of land owes no duty of care to an adult trespasser other than to refrain from willful and wanton conduct that would endanger the safety of a known trespasser from a condition of the property or an activity conducted on the property. Provides that the reenacted provisions apply to causes of action accruing on or after the effective date of reenactment.


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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,
3represented in the General Assembly:
 
4    Section 1. Findings; purpose; base text.
5    (a) The General Assembly finds and declares that:
6        (1) "An Act to amend certain Acts in relation to civil
7    actions, which may be referred to as the Civil Justice
8    Reform Amendments of 1995", Public Act 89-7, approved March
9    9, 1995, amended Sections 2 and 3 of the Premises Liability
10    Act. Public Act 89-7 also contained other provisions.
11        (2) In Best v. Taylor Machine Works, 179 Ill. 2d 367
12    (1997), the Illinois Supreme Court held that Public Act
13    89-7 was void in its entirety.
14        (3) The provisions of Public Act 89-7 that amended
15    Sections 2 and 3 of the Premises Liability Act are of vital
16    concern to the people of this State, and legislative action
17    concerning these provisions is necessary.
18    (b) It is the purpose of this Act to reenact the provisions
19of Public Act 89-7 that amended Sections 2 and 3 of the
20Premises Liability Act. This Act is not intended to supersede
21any changes made to these Sections by another Public Act. The
22reenacted material is shown as existing text; striking and
23underscoring have been used only to show the changes being made
24by this Act in the reenacted text.
 

 

 

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1    Section 5. The Premises Liability Act is amended by
2reenacting and changing Sections 2 and 3 as follows:
 
3    (740 ILCS 130/2)  (from Ch. 80, par. 302)
4    Sec. 2. The distinction under the common law between
5invitees and licensees as to the duty owed by an owner or
6occupier of any premises to such entrants is abolished.
7    The duty owed to such entrants is that of reasonable care
8under the circumstances regarding the state of the premises or
9acts done or omitted on them. The duty of reasonable care under
10the circumstances which an owner or occupier of land owes to
11such entrants does not include any of the following: a duty to
12warn of or otherwise take reasonable steps to protect such
13entrants from conditions on the premises that are known to the
14entrant, are open and obvious, or can reasonably be expected to
15be discovered by the entrant; a duty to warn of latent defects
16or dangers or defects or dangers unknown to the owner or
17occupier of the premises; a duty to warn such entrants of any
18dangers resulting from misuse by the entrants of the premises
19or anything affixed to or located on the premises; or a duty to
20protect such entrants from their own misuse of the premises or
21anything affixed to or located on the premises.
22    The reenactment by this amendatory Act of the 98th General
23Assembly of the changes made to this Section by Public Act 89-7
24applies to causes of action accruing on or after the effective

 

 

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1date of this amendatory Act. This amendatory Act of 1995
2applies to causes of action accruing on or after its effective
3date.
4(Source: P.A. 89-7, eff. 3-9-95.)
 
5    (740 ILCS 130/3)  (from Ch. 80, par. 303)
6    Sec. 3. Nothing herein affects the law as regards the
7trespassing child entrant. An owner or occupier of land owes no
8duty of care to an adult trespasser other than to refrain from
9willful and wanton conduct that would endanger the safety of a
10known trespasser on the property from a condition of the
11property or an activity conducted by the owner or occupier on
12the property.
13    The reenactment by this amendatory Act of the 98th General
14Assembly of the changes made to this Section by Public Act 89-7
15applies to causes of action accruing on or after the effective
16date of this amendatory Act.
17    This amendatory Act of 1995 applies only to causes of
18action accruing on or after its effective date.
19(Source: P.A. 89-7, eff. 3-9-95.)