HB6072 96TH GENERAL ASSEMBLY

LRB096 18109 AJO 33484 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6072

Introduced 2/11/2010, 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 definition of recreational or conservation purpose is expanded beyond hunting, recreational shooting, or related activities to include: entry by the general public onto the land of another for any activity undertaken for conservation, resource management, education, hiking, climbing, cycling, picnicking, swimming, fishing, horseback riding, bird watching, sight-seeing, skiing, ice skating, sledding, use of non-motorized watercraft, and the use of an easement to permit public passage across such land for access to a public park, historic site, trail, water area, or other public recreational area. The changes apply only to causes of action accruing on or after January 1, 2011. 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), 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 or other entity 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, resource management, education, hiking, climbing, cycling, picnicking, swimming, fishing, horseback riding, bird watching, sight-seeing, skiing, ice skating, sledding, use of non-motorized watercraft, and the use of an easement to permit public passage across such land for access to a public park, historic site, trail, water area, or other public recreational area.

(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.

The changes to this Section made by this amendatory Act of the 96th General Assembly apply only to causes of action accruing on or after January 1, 2011.

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

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