HB4524 97TH GENERAL ASSEMBLY

LRB097 17791 AJO 63007 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4524

Introduced 1/31/2012, by Rep. Dwight Kay

SYNOPSIS AS INTRODUCED:

745 ILCS 65/2	from Ch. 70, par. 32
745 ILCS 65/6	from Ch. 70, par. 36

Amends the Recreational Use of Land and Water Areas Act. Provides that the definition of "land", excludes a dwelling on the property immediately adjacent to and surrounding such dwelling that is primarily used for activities associated with the occupancy of the dwelling as a living space (instead of excluding residential buildings or residential property). In the definition of "recreational or conservation purpose": adds "any recreational pursuit or activity engaged in for the purpose of exercise, relaxation, sport, pleasure, or education"; and deletes "any activity solely related to hunting or recreational shooting". Adds to the definition of "charge" a nominal fee requested by the owner for the purpose of defraying the cost of maintaining the land. Provides that the Act does not limit any liability which otherwise exists for an injury on the land if the owner requests a nominal fee for purposes of maintaining the land. Makes other changes.

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 2 and 6 as follows:

(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 does not include a dwelling and the property immediately adjacent to and surrounding such dwelling that is used primarily for activities associated with the occupancy of the dwelling as a living space residential buildings or residential property.

(b) "Owner" includes the possessor of any direct, indirect, or beneficial interest in land, whether it be as owner, a tenant, lessee, occupant, the State of Illinois and its political subdivisions, or person or entity in control of the premises.

(c) "Recreational or conservation purpose" means entry onto the land of another to conduct hunting or recreational shooting or a combination thereof, or for any recreational pursuit or activity engaged in for the purpose of exercise, sport, relaxation, pleasure, or education or any activity solely related to the aforesaid hunting or recreational shooting.

(d) "Charge" means an admission fee designed to return a profit for permission to go upon the land, but does not include: the sharing of game, fish, vegetation, crops, 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 or maintaining the land; or a nominal fee requested by the owner for the purpose of defraying the cost of maintaining the land.

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

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

(745 ILCS 65/6) (from Ch. 70, par. 36)

Sec. 6. Nothing in this Act limits in any way any liability which otherwise exists:

(a) For willful and wanton failure to guard or warn against a dangerous condition, use, structure, or activity, excepting therefrom liability based upon conditions, features, or properties naturally occurring on the land.

(b) For injury suffered in any case where (i) the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that in the case of land leased to the State or a subdivision thereof, any consideration received by the owner for such lease is not a charge within the meaning of this Section, or (ii) the owner requests a nominal fee for purposes of maintaining the land.

(Source: P.A. 85-959.)