97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3364

 

Introduced 2/24/2011, by Rep. Dave Winters

 

SYNOPSIS AS INTRODUCED:
 
745 ILCS 65/1  from Ch. 70, par. 31
745 ILCS 65/2  from Ch. 70, par. 32
745 ILCS 65/3.5 new
745 ILCS 65/4  from Ch. 70, par. 34
745 ILCS 65/5  from Ch. 70, par. 35
745 ILCS 65/6  from Ch. 70, par. 36
745 ILCS 65/7  from Ch. 70, par. 37

    Amends the Recreational Use of Land and Water Areas Act. Adds "aeronautic use" to the recreational and conservation uses that are addressed in the Act. Provides that "aeronautic use" means the entry onto a private airstrip on the land of another to conduct recreational non-commercial flight activities with ultra light or other aircraft, or any related activity. Provides that except as specifically provided by the Act, a land owner owes no duty of care to keep private airstrip premises safe for entry or use by others for recreational non-commercial flight activities, except as to known hazards or defects, provided that this shall not be construed to impose liability or remove the immunity conferred by the Act for failure to guard or warn of a dangerous condition created by the forces of nature. Makes corresponding changes. 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 Sections 1, 2, 4, 5, 6, and 7 and by
6adding Section 3.5 as follows:
 
7    (745 ILCS 65/1)  (from Ch. 70, par. 31)
8    Sec. 1. This Act shall be known and may be cited as the
9"Recreational Use of Land and Water Areas Act".
10    The purpose of this Act is to encourage owners of land to
11make land and water areas available to any individual or
12members of the public for recreational or conservation purposes
13or aeronautic use by limiting their liability toward persons
14entering thereon for such purposes.
15(Source: P.A. 94-625, eff. 8-18-05.)
 
16    (745 ILCS 65/2)  (from Ch. 70, par. 32)
17    Sec. 2. As used in this Act, unless the context otherwise
18requires:
19    (a) "Land" includes roads, private airstrips, water,
20watercourses, private ways and buildings, structures, and
21machinery or equipment when attached to the realty, but does
22not include residential buildings or residential property.

 

 

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1    (b) "Owner" includes the possessor of any interest in land,
2whether it be a tenant, lessee, occupant, the State of Illinois
3and its political subdivisions, or person in control of the
4premises.
5    (c) "Recreational or conservation purpose" means entry
6onto the land of another to conduct hunting or recreational
7shooting or a combination thereof or any activity solely
8related to the aforesaid hunting or recreational shooting.
9    (d) "Charge" means an admission fee for permission to go
10upon the land, but does not include: the sharing of game, fish
11or other products of recreational use; or benefits to or
12arising from the recreational use; or contributions in kind,
13services or cash made for the purpose of properly conserving
14the land.
15    (e) "Person" includes any person, regardless of age,
16maturity, or experience, who enters upon or uses land for
17recreational purposes or who enters upon or uses a private
18airstrip for aeronautic use.
19    (f) "Aeronautic use" means entry onto a private airstrip on
20the land of another to conduct recreational non-commercial
21flight activities with ultra light or other aircraft, or any
22activity solely related to the aforesaid recreational
23non-commercial flight activities.
24(Source: P.A. 94-625, eff. 8-18-05.)
 
25    (745 ILCS 65/3.5 new)

 

 

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1    Sec. 3.5. Private airstrip. Except as specifically
2recognized by or provided in Sections 4 and 6, an owner of land
3owes no duty of care to keep a private airstrip's premises safe
4for aeronautic use by others, except as to known hazards or
5defects. This Section shall not be construed to impose
6liability or remove the immunity conferred by this Act for
7failure to guard or warn of a dangerous condition created by
8the forces of nature.
 
9    (745 ILCS 65/4)  (from Ch. 70, par. 34)
10    Sec. 4. Except as specifically recognized by or provided in
11Section 6 of this Act, an owner of land who either directly or
12indirectly invites or permits without charge any person to use
13such property for recreational or conservation purposes or for
14aeronautic use does not thereby:
15    (a) Extend any assurance that the premises are safe for any
16purpose.
17    (b) Confer upon such person the legal status of an invitee
18or licensee to whom a duty of care is owed.
19    (c) Assume responsibility for or incur liability for any
20injury to person or property caused by an act or omission of
21such person or any other person who enters upon the land.
22    (d) Assume responsibility for or incur liability for any
23injury to such person or property caused by any natural or
24artificial condition, structure or personal property on the
25premises.

 

 

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1(Source: P.A. 86-414.)
 
2    (745 ILCS 65/5)  (from Ch. 70, par. 35)
3    Sec. 5. Unless otherwise agreed in writing, the provisions
4of Sections 3, 3.5, and 4 of this Act are applicable to the
5duties and liability of an owner of land leased to the State or
6any subdivision thereof for recreational or conservation
7purposes or for aeronautic use.
8(Source: P.A. 85-959.)
 
9    (745 ILCS 65/6)  (from Ch. 70, par. 36)
10    Sec. 6. Nothing in this Act limits in any way any liability
11which otherwise exists:
12    (a) For willful and wanton failure to guard or warn against
13a dangerous condition, use, structure, or activity.
14    (b) For injury suffered in any case where the owner of land
15charges the person or persons who enter or go on the land for
16the recreational or aeronautic use thereof, except that in the
17case of land leased to the State or a subdivision thereof, any
18consideration received by the owner for such lease is not a
19charge within the meaning of this Section.
20(Source: P.A. 85-959.)
 
21    (745 ILCS 65/7)  (from Ch. 70, par. 37)
22    Sec. 7. Nothing in this Act shall be construed to:
23    (a) Create a duty of care or ground of liability for injury

 

 

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1to persons or property.
2    (b) Relieve any person using the land of another for
3recreational purposes or for aeronautic use from any obligation
4which he may have in the absence of this Act to exercise care
5in his use of such land and in his activities thereon, or from
6the legal consequences of failure to employ such care.
7(Source: Laws 1965, p. 2263.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.