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| Public Act 098-0522 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Recreational Use of Land and Water Areas Act | ||||
is amended by changing Sections 2, 4, 6, and 7 as follows:
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(745 ILCS 65/2) (from Ch. 70, par. 32)
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Sec. 2. As used in this Act, unless the context otherwise | ||||
requires:
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(a) "Land" includes roads, land, water, watercourses, | ||||
private ways and
buildings, structures, and machinery or | ||||
equipment when attached to the
realty, but does not include | ||||
residential buildings or residential property.
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(b) "Owner" includes the possessor of any interest in | ||||
land, whether it be a
tenant, lessee, occupant, the State | ||||
of Illinois and its political
subdivisions, or person in | ||||
control of the premises.
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(c) "Recreational or conservation purpose" means: | ||||
(1) entry onto the land of another to conduct | ||||
hunting or recreational shooting or a combination | ||||
thereof or any activity solely related to the aforesaid | ||||
hunting or recreational shooting; or .
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(2) entry by the general public onto the land of | ||||
another for any activity undertaken
for conservation, | ||||
resource management, educational, or outdoor | ||
recreational use. | ||
(d) "Charge" means an admission fee for permission to | ||
go upon the
land, but does not include: the sharing of | ||
game, fish or other products of
recreational use; or | ||
benefits to or arising from the recreational use; or
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contributions in kind, services or cash made for the | ||
purpose of properly
conserving the land.
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(e) "Person" includes any person, regardless of age, | ||
maturity, or
experience, who enters upon or uses land for | ||
recreational purposes.
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(f) "Invites", for the purposes of this Act, means the | ||
words or conduct of the owner would lead a reasonable | ||
person to believe that the owner desires the particular | ||
person to enter the land to the exclusion of the general | ||
public. No economic interest on the part of the owner is | ||
required. | ||
(g) "Permits", for the purposes of this Act, means the | ||
words or conduct of the owner would lead a reasonable | ||
person to believe that the owner is willing to allow the | ||
general public to enter the land. The words or conduct of | ||
the owner inviting (i) the general public to enter the land | ||
or (ii) particular persons to enter the land for a | ||
recreational or conservation purpose as defined in | ||
paragraph (1) of subsection (c) of this Section shall be | ||
construed as "permits" for purposes of this Act. | ||
The changes to this Section made by this amendatory Act of | ||
the 98th General Assembly apply only to causes of action | ||
accruing on or after the effective date of this amendatory Act | ||
of the 98th General Assembly. | ||
(Source: P.A. 94-625, eff. 8-18-05.)
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(745 ILCS 65/4) (from Ch. 70, par. 34)
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Sec. 4.
Except as specifically recognized by or provided in | ||
Section 6 of
this Act, an owner of land who either directly or | ||
indirectly invites or
permits without charge any person to use | ||
such property for recreational
or conservation purposes does | ||
not thereby:
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(a) Extend any assurance that the premises are safe for | ||
any purpose.
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(b) (Blank). Confer upon such person the legal status | ||
of an invitee or licensee
to whom a duty of care is owed.
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(c) Assume responsibility for or incur liability for | ||
any injury to
person or property caused by an act or | ||
omission of such person or any other
person who enters upon | ||
the land.
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(d) Assume responsibility for or incur liability for | ||
any injury to
such person or property caused by any natural | ||
or artificial condition,
structure or personal property on | ||
the premises.
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The changes to this Section made by this amendatory Act of | ||
the 98th General Assembly apply only to causes of action | ||
accruing on or after the effective date of this amendatory Act | ||
of the 98th General Assembly. | ||
(Source: P.A. 86-414.)
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(745 ILCS 65/6) (from Ch. 70, par. 36)
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Sec. 6.
Nothing in this Act limits in any way any liability | ||
which otherwise
exists:
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(a) For willful and wanton failure to guard or warn | ||
against a
dangerous condition, use, structure, or | ||
activity.
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(b) For injury suffered in any case where the owner of | ||
land invites, as defined in subsection (f) of Section 2 of | ||
this Act, or charges the
person or persons who enter or go | ||
on the land for the recreational use
thereof, except that | ||
in the case of land leased to the State or a
subdivision | ||
thereof, any consideration received by the owner for such | ||
lease
is not a charge within the meaning of this Section.
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The changes to this Section made by this amendatory Act of | ||
the 98th General Assembly apply only to causes of action | ||
accruing on or after the effective date of this amendatory Act | ||
of the 98th General Assembly. | ||
(Source: P.A. 85-959.)
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(745 ILCS 65/7) (from Ch. 70, par. 37)
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Sec. 7. Nothing in this Act shall be construed to:
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(a) (Blank). Create a duty of care or ground of liability | ||
for injury to persons
or property.
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(b) Relieve any person using the land of another for | ||
recreational
purposes from any obligation which he may have in | ||
the absence of this Act
to exercise care in his use of such | ||
land and in his activities thereon, or
from the legal | ||
consequences of failure to employ such care. | ||
The changes to this Section made by this amendatory Act of | ||
the 98th General Assembly apply only to causes of action | ||
accruing on or after the effective date of this amendatory Act | ||
of the 98th General Assembly.
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(Source: Laws 1965, p. 2263.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2014.
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