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Full Text of SB1042  98th General Assembly

SB1042sam002 98TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 4/15/2013

 

 


 

 


 
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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, holder of a
15    conservation easement, the State of Illinois and its
16    political subdivisions, or person in control of the

 

 

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

 

 

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

 

 

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

 

 

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1the 98th General Assembly apply only to causes of action
2accruing on or after the effective date of this amendatory Act
3of the 98th General Assembly.
4(Source: P.A. 85-959.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".