Illinois General Assembly - Full Text of HB3999
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Full Text of HB3999  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Marcus C. Evans, Jr.


745 ILCS 65/2  from Ch. 70, par. 32

    Amends the Recreational Use of Land and Water Areas Act. Provides that "owner" includes railroads and public or private utilities. Effective immediately.

LRB100 11544 HEP 22128 b





HB3999LRB100 11544 HEP 22128 b

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 5. The Recreational Use of Land and Water Areas Act
5is amended by changing Section 2 as follows:
6    (745 ILCS 65/2)  (from Ch. 70, par. 32)
7    Sec. 2. As used in this Act, unless the context otherwise
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, the State
15    of Illinois and its political subdivisions, railroad,
16    public or private utility, or person in control of the
17    premises.
18        (c) "Recreational or conservation purpose" means:
19            (1) entry onto the land of another to conduct
20        hunting or recreational shooting or a combination
21        thereof or any activity solely related to the aforesaid
22        hunting or recreational shooting; or
23            (2) entry by the general public onto the land of



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1        another for any activity undertaken for conservation,
2        resource management, educational, or outdoor
3        recreational use.
4        (d) "Charge" means an admission fee for permission to
5    go upon the land, but does not include: the sharing of
6    game, fish or other products of recreational use; or
7    benefits to or arising from the recreational use; or
8    contributions in kind, services or cash made for the
9    purpose of properly conserving the land.
10        (e) "Person" includes any person, regardless of age,
11    maturity, or experience, who enters upon or uses land for
12    recreational purposes.
13        (f) "Invites", for the purposes of this Act, means the
14    words or conduct of the owner would lead a reasonable
15    person to believe that the owner desires the particular
16    person to enter the land to the exclusion of the general
17    public. No economic interest on the part of the owner is
18    required.
19        (g) "Permits", for the purposes of this Act, means the
20    words or conduct of the owner would lead a reasonable
21    person to believe that the owner is willing to allow the
22    general public to enter the land. The words or conduct of
23    the owner inviting (i) the general public to enter the land
24    or (ii) particular persons to enter the land for a
25    recreational or conservation purpose as defined in
26    paragraph (1) of subsection (c) of this Section shall be



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1    construed as "permits" for purposes of this Act.
2    The changes to this Section made by this amendatory Act of
3the 98th General Assembly apply only to causes of action
4accruing on or after the effective date of this amendatory Act
5of the 98th General Assembly.
6(Source: P.A. 98-522, eff. 1-1-14.)
7    Section 99. Effective date. This Act takes effect upon
8becoming law.