100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3999
 
Introduced , by Rep. Marcus C. Evans, Jr.
 
SYNOPSIS AS INTRODUCED:
 

 



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.
  


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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 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 
8requires: 

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.