Full Text of HB3999 100th General Assembly
HB3999 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3999 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: |
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745 ILCS 65/2 | from Ch. 70, par. 32 |
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Amends the Recreational Use of Land and Water Areas Act. Provides that "owner" includes railroads and public or private utilities. Effective immediately.
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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 Recreational Use of Land and Water Areas Act | 5 | | is 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 | 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, 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 | 3 | | the 98th General Assembly apply only to causes of action | 4 | | accruing on or after the effective date of this amendatory Act | 5 | | of the 98th General Assembly. | 6 | | (Source: P.A. 98-522, eff. 1-1-14.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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