93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB7326

 

Introduced 9/22/2004, by Rep. Thomas Holbrook

 

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 land and water areas available to any individual or members of the public (now, to make land and water areas available to the public) for recreational or conservation purposes by limiting their liability toward persons entering thereon for such purposes. Provides that residential buildings are not included in the definition of "land". Changes the definition of "recreational or conservation purpose" to include hunting, hiking, pleasure driving, motorcycling, operation of an all terrain vehicle, rock climbing, trapping, horseback riding of an entrant's own horse or horses, fishing, swimming, boating, camping, picnicking, nature study, water or snow skiing, sledding, snowmobiling, other summer and winter sports, and viewing or enjoying historical, archaeological, scenic, or scientific sites (now, defined as any activity undertaken for conservation, resource management, exercise, education, relaxation, or pleasure). Effective immediately.


LRB093 23377 LCB 53361 b

 

 

A BILL FOR

 

HB7326 LRB093 23377 LCB 53361 b

1     AN ACT concerning recreation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Recreational Use of Land and Water Areas Act
5 is amended by changing Sections 1 and 2 as follows:
 
6     (745 ILCS 65/1)  (from Ch. 70, par. 31)
7     Sec. 1. This Act shall be known and may be cited as the
8 "Recreational Use of Land and Water Areas Act".
9     The purpose of this Act is to encourage owners of land to
10 make land and water areas available to any individual or
11 members of the public for recreational or conservation purposes
12 by limiting their liability toward persons entering thereon for
13 such purposes.
14 (Source: P.A. 85-959.)
 
15     (745 ILCS 65/2)  (from Ch. 70, par. 32)
16     Sec. 2. As used in this Act, unless the context otherwise
17 requires:
18     (a) "Land" includes roads, water, watercourses, private
19 ways and buildings, structures, and machinery or equipment when
20 attached to the realty, but does not include residential
21 buildings.
22     (b) "Owner" includes the possessor of any interest in land,
23 whether it be a tenant, lessee, occupant, the State of Illinois
24 and its political subdivisions, or person in control of the
25 premises.
26     (c) "Recreational or conservation purpose" means entry
27 onto the land of another to conduct any of the following
28 activities or a combination thereof, including but not limited
29 to: hunting, hiking, pleasure driving, motorcycling, operation
30 of an all terrain vehicle, rock climbing, trapping, horseback
31 riding of the entrant's own horse or horses, fishing, swimming,

 

 

HB7326 - 2 - LRB093 23377 LCB 53361 b

1 boating, camping, picnicking, nature study, water or snow
2 skiing, sledding, snowmobiling, other summer and winter
3 sports, and viewing or enjoying historical, archaeological,
4 scenic, or scientific sites while going to and from or actually
5 engaged therein and other similar activities any activity
6 undertaken for conservation, resource management, exercise,
7 education, relaxation, or pleasure on land owned by another.
8     (d) "Charge" means an admission fee for permission to go
9 upon the land, but does not include: the sharing of game, fish
10 or other products of recreational use; or benefits to or
11 arising from the recreational use; or contributions in kind,
12 services or cash made for the purpose of properly conserving
13 the land.
14     (e) "Person" includes any person, regardless of age,
15 maturity, or experience, who enters upon or uses land for
16 recreational purposes.
17 (Source: P.A. 85-959.)
 
18     Section 99. Effective date. This Act takes effect upon
19 becoming law.