Rep. Ann Williams

Filed: 5/22/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1042

2    AMENDMENT NO. ______. Amend Senate Bill 1042 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Recreational Use of Land and Water Areas
5Act is amended by changing Sections 2, 4, 6, and 7 as follows:
 
6    (745 ILCS 65/2)  (from Ch. 70, par. 32)
7    Sec. 2. As used in this Act, unless the context otherwise
8requires:
9        (a) "Land" includes roads, land, water, watercourses,
10    private ways and buildings, structures, and machinery or
11    equipment when attached to the realty, but does not include
12    residential buildings or residential property.
13        (b) "Owner" includes the possessor of any interest in
14    land, whether it be a tenant, lessee, occupant, the State
15    of Illinois and its political subdivisions, or person in
16    control of the premises.

 

 

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1        (c) "Recreational or conservation purpose" means:
2            (1) entry onto the land of another to conduct
3        hunting or recreational shooting or a combination
4        thereof or any activity solely related to the aforesaid
5        hunting or recreational shooting; or .
6            (2) entry by the general public onto the land of
7        another for any activity undertaken for conservation,
8        resource management, educational, or outdoor
9        recreational use.
10        (d) "Charge" means an admission fee for permission to
11    go upon the land, but does not include: the sharing of
12    game, fish or other products of recreational use; or
13    benefits to or arising from the recreational use; or
14    contributions in kind, services or cash made for the
15    purpose of properly conserving the land.
16        (e) "Person" includes any person, regardless of age,
17    maturity, or experience, who enters upon or uses land for
18    recreational purposes.
19        (f) "Invites", for the purposes of this Act, means the
20    words or conduct of the owner would lead a reasonable
21    person to believe that the owner desires the particular
22    person to enter the land to the exclusion of the general
23    public. No economic interest on the part of the owner is
24    required.
25        (g) "Permits", for the purposes of this Act, means the
26    words or conduct of the owner would lead a reasonable

 

 

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1    person to believe that the owner is willing to allow the
2    general public to enter the land. The words or conduct of
3    the owner inviting (i) the general public to enter the land
4    or (ii) particular persons to enter the land for a
5    recreational or conservation purpose as defined in
6    paragraph (1) of subsection (c) of this Section shall be
7    construed as "permits" for purposes of this Act.
8    The changes to this Section made by this amendatory Act of
9the 98th General Assembly apply only to causes of action
10accruing on or after the effective date of this amendatory Act
11of the 98th General Assembly.
12(Source: P.A. 94-625, eff. 8-18-05.)
 
13    (745 ILCS 65/4)  (from Ch. 70, par. 34)
14    Sec. 4. Except as specifically recognized by or provided in
15Section 6 of this Act, an owner of land who either directly or
16indirectly invites or permits without charge any person to use
17such property for recreational or conservation purposes does
18not thereby:
19        (a) Extend any assurance that the premises are safe for
20    any purpose.
21        (b) (Blank). Confer upon such person the legal status
22    of an invitee or licensee to whom a duty of care is owed.
23        (c) Assume responsibility for or incur liability for
24    any injury to person or property caused by an act or
25    omission of such person or any other person who enters upon

 

 

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1    the land.
2        (d) Assume responsibility for or incur liability for
3    any injury to such person or property caused by any natural
4    or artificial condition, structure or personal property on
5    the premises.
6    The changes to this Section made by this amendatory Act of
7the 98th General Assembly apply only to causes of action
8accruing on or after the effective date of this amendatory Act
9of the 98th General Assembly.
10(Source: P.A. 86-414.)
 
11    (745 ILCS 65/6)  (from Ch. 70, par. 36)
12    Sec. 6. Nothing in this Act limits in any way any liability
13which otherwise exists:
14        (a) For willful and wanton failure to guard or warn
15    against a dangerous condition, use, structure, or
16    activity.
17        (b) For injury suffered in any case where the owner of
18    land invites, as defined in subsection (f) of Section 2 of
19    this Act, or charges the person or persons who enter or go
20    on the land for the recreational use thereof, except that
21    in the case of land leased to the State or a subdivision
22    thereof, any consideration received by the owner for such
23    lease is not a charge within the meaning of this Section.
24    The changes to this Section made by this amendatory Act of
25the 98th General Assembly apply only to causes of action

 

 

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1accruing on or after the effective date of this amendatory Act
2of the 98th General Assembly.
3(Source: P.A. 85-959.)
 
4    (745 ILCS 65/7)  (from Ch. 70, par. 37)
5    Sec. 7. Nothing in this Act shall be construed to:
6    (a) (Blank). Create a duty of care or ground of liability
7for injury to persons or property.
8    (b) Relieve any person using the land of another for
9recreational purposes from any obligation which he may have in
10the absence of this Act to exercise care in his use of such
11land and in his activities thereon, or from the legal
12consequences of failure to employ such care.
13    The changes to this Section made by this amendatory Act of
14the 98th General Assembly apply only to causes of action
15accruing on or after the effective date of this amendatory Act
16of the 98th General Assembly.
17(Source: Laws 1965, p. 2263.)
 
18    Section 99. Effective date. This Act takes effect January
191, 2014.".