HB0494 96TH GENERAL ASSEMBLY

LRB096 08415 AJO 18528 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0494

Introduced 2/4/2009, by Rep. John A. Fritchey

SYNOPSIS AS INTRODUCED:

745 ILCS 65/1	from Ch. 70, par. 31
745 ILCS 65/2	from Ch. 70, par. 32

Amends the Recreational Use of Land and Water Areas Act. Provides that the purpose of the Act is to make land and water areas available (instead of available to any individuals or members of the public) for recreational or conservation purposes by limiting liability to others. Provides that the definition of land used for recreational or conservation purposes does not include residential buildings (instead of does not include residential buildings). Provides that recreational or conservation purpose means: (1) entry by individuals or members of the public (instead of entry) onto the land of another for hunting, recreational shooting, a related activity, or (2) entry by the general public onto the land of another for conservation, restoration, resource management, exercise, educational purposes, or any combination of those activities (instead of hunting, recreational shooting, or related activities). Effective immediately.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Recreational Use of Land and Water Areas Act is amended by changing Sections 1 and 2 as follows:

(745 ILCS 65/1) (from Ch. 70, par. 31)

Sec. 1. This Act shall be known and may be cited as the "Recreational Use of Land and Water Areas Act".

The purpose of this Act is to encourage owners of land to make land and water areas available to any individual or members of the public for recreational or conservation purposes, as set forth in subsection (c) of Section 2, by limiting their liability toward persons entering thereon for such purposes.

(Source: P.A. 94-625, eff. 8-18-05.)

(745 ILCS 65/2) (from Ch. 70, par. 32)

Sec. 2. As used in this Act, unless the context otherwise requires:

(a) "Land" includes land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty. , but Land used for a recreational or conservation purpose, as set forth in paragraph (1) of subsection (c) of this Section, does not include residential buildings or residential property.

(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.

(c) "Recreational or conservation purpose" means:

(1) entry by individuals or members of the public 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

(2) entry by the general public onto the land of another for any activity undertaken for conservation, restoration, resource management, education, nature study and exploration, exercise, outdoor recreational use, any combination thereof, or any use solely related to such activities.

(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 contributions in kind, services or cash made for the purpose of properly conserving the land.

(e) "Person" includes any person, regardless of age, maturity, or experience, who enters upon or uses land for recreational purposes.

(Source: P.A. 94-625, eff. 8-18-05.)

Section 99. Effective date. This Act takes effect upon becoming law.