HB5895 96TH GENERAL ASSEMBLY

LRB096 17620 AJO 32978 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5895

Introduced 2/10/2010, by Rep. William B. Black

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 encourage owners of land to make areas available (at present, to any individual or the public) for recreational or conservation purposes by limiting liability. Provides that the definition of "recreational or conservation purpose" includes entry onto land or water by individuals or members of the public for conservation, resource management, exercise, education, relaxation, or pleasure activities (at present, hunting or recreational shooting). 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 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 roads, 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.

(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) any activity undertaken for conservation, resource management, exercise, education, relaxation, or pleasure on land made available to the general public for one or more of the foregoing 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.