Full Text of SB1042 98th General Assembly
SB1042enr 98TH GENERAL ASSEMBLY |
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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 Recreational Use of Land and Water Areas Act | 5 | | 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 | 8 | | requires:
| 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, or person in | 16 | | control of the premises.
| 17 | | (c) "Recreational or conservation purpose" means : | 18 | | (1) entry onto the land of another to conduct | 19 | | hunting or recreational shooting or a combination | 20 | | thereof or any activity solely related to the aforesaid | 21 | | hunting or recreational shooting ; or .
| 22 | | (2) entry by the general public onto the land of | 23 | | another for any activity undertaken
for conservation, |
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| 1 | | resource management, educational, or outdoor | 2 | | recreational use. | 3 | | (d) "Charge" means an admission fee for permission to | 4 | | go upon the
land, but does not include: the sharing of | 5 | | game, fish or other products of
recreational use; or | 6 | | benefits to or arising from the recreational use; or
| 7 | | contributions in kind, services or cash made for the | 8 | | purpose of properly
conserving the land.
| 9 | | (e) "Person" includes any person, regardless of age, | 10 | | maturity, or
experience, who enters upon or uses land for | 11 | | recreational purposes.
| 12 | | (f) "Invites", for the purposes of this Act, means the | 13 | | words or conduct of the owner would lead a reasonable | 14 | | person to believe that the owner desires the particular | 15 | | person to enter the land to the exclusion of the general | 16 | | public. No economic interest on the part of the owner is | 17 | | required. | 18 | | (g) "Permits", for the purposes of this Act, means the | 19 | | words or conduct of the owner would lead a reasonable | 20 | | person to believe that the owner is willing to allow the | 21 | | general public to enter the land. The words or conduct of | 22 | | the owner inviting (i) the general public to enter the land | 23 | | or (ii) particular persons to enter the land for a | 24 | | recreational or conservation purpose as defined in | 25 | | paragraph (1) of subsection (c) of this Section shall be | 26 | | construed as "permits" for purposes of this Act. |
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| 1 | | The changes to this Section made by this amendatory Act of | 2 | | the 98th General Assembly apply only to causes of action | 3 | | accruing on or after the effective date of this amendatory Act | 4 | | of the 98th General Assembly. | 5 | | (Source: P.A. 94-625, eff. 8-18-05.)
| 6 | | (745 ILCS 65/4) (from Ch. 70, par. 34)
| 7 | | Sec. 4.
Except as specifically recognized by or provided in | 8 | | Section 6 of
this Act, an owner of land who either directly or | 9 | | indirectly invites or
permits without charge any person to use | 10 | | such property for recreational
or conservation purposes does | 11 | | not thereby:
| 12 | | (a) Extend any assurance that the premises are safe for | 13 | | any purpose.
| 14 | | (b) (Blank). Confer upon such person the legal status | 15 | | of an invitee or licensee
to whom a duty of care is owed.
| 16 | | (c) Assume responsibility for or incur liability for | 17 | | any injury to
person or property caused by an act or | 18 | | omission of such person or any other
person who enters upon | 19 | | the land.
| 20 | | (d) Assume responsibility for or incur liability for | 21 | | any injury to
such person or property caused by any natural | 22 | | or artificial condition,
structure or personal property on | 23 | | the premises.
| 24 | | The changes to this Section made by this amendatory Act of | 25 | | the 98th General Assembly apply only to causes of action |
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| 1 | | accruing on or after the effective date of this amendatory Act | 2 | | of the 98th General Assembly. | 3 | | (Source: P.A. 86-414.)
| 4 | | (745 ILCS 65/6) (from Ch. 70, par. 36)
| 5 | | Sec. 6.
Nothing in this Act limits in any way any liability | 6 | | which otherwise
exists:
| 7 | | (a) For willful and wanton failure to guard or warn | 8 | | against a
dangerous condition, use, structure, or | 9 | | activity.
| 10 | | (b) For injury suffered in any case where the owner of | 11 | | land invites, as defined in subsection (f) of Section 2 of | 12 | | this Act, or charges the
person or persons who enter or go | 13 | | on the land for the recreational use
thereof , except that | 14 | | in the case of land leased to the State or a
subdivision | 15 | | thereof, any consideration received by the owner for such | 16 | | lease
is not a charge within the meaning of this Section .
| 17 | | The changes to this Section made by this amendatory Act of | 18 | | the 98th General Assembly apply only to causes of action | 19 | | accruing on or after the effective date of this amendatory Act | 20 | | of the 98th General Assembly. | 21 | | (Source: P.A. 85-959.)
| 22 | | (745 ILCS 65/7) (from Ch. 70, par. 37)
| 23 | | Sec. 7. Nothing in this Act shall be construed to:
| 24 | | (a) (Blank). Create a duty of care or ground of liability |
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| 1 | | for injury to persons
or property.
| 2 | | (b) Relieve any person using the land of another for | 3 | | recreational
purposes from any obligation which he may have in | 4 | | the absence of this Act
to exercise care in his use of such | 5 | | land and in his activities thereon, or
from the legal | 6 | | consequences of failure to employ such care. | 7 | | The changes to this Section made by this amendatory Act of | 8 | | the 98th General Assembly apply only to causes of action | 9 | | accruing on or after the effective date of this amendatory Act | 10 | | of the 98th General Assembly.
| 11 | | (Source: Laws 1965, p. 2263.)
| 12 | | Section 99. Effective date. This Act takes effect January | 13 | | 1, 2014.
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