Full Text of HB3364 97th General Assembly
HB3364 97TH GENERAL ASSEMBLY |
| | 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 |
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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,
| 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, 2, 4, 5, 6, and 7 and by | 6 | | adding 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 | 11 | | make land
and water areas available to any individual or | 12 | | members of the public for recreational or conservation
purposes | 13 | | or aeronautic use by limiting their liability toward persons | 14 | | entering 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 | 18 | | requires:
| 19 | | (a) "Land" includes roads, private airstrips, water, | 20 | | watercourses, private ways and
buildings, structures, and | 21 | | machinery or equipment when attached to the
realty, but does | 22 | | not include residential buildings or residential property.
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| 1 | | (b) "Owner" includes the possessor of any interest in land, | 2 | | whether it be a
tenant, lessee, occupant, the State of Illinois | 3 | | and its political
subdivisions, or person in control of the | 4 | | premises.
| 5 | | (c) "Recreational or conservation purpose" means entry | 6 | | onto the land of another to conduct hunting or recreational | 7 | | shooting or a combination thereof or any activity solely | 8 | | related to the aforesaid hunting or recreational shooting.
| 9 | | (d) "Charge" means an admission fee for permission to go | 10 | | upon the
land, but does not include: the sharing of game, fish | 11 | | or other products of
recreational use; or benefits to or | 12 | | arising from the recreational use; or
contributions in kind, | 13 | | services or cash made for the purpose of properly
conserving | 14 | | the land.
| 15 | | (e) "Person" includes any person, regardless of age, | 16 | | maturity, or
experience, who enters upon or uses land for | 17 | | recreational purposes or who enters upon or uses a private | 18 | | airstrip for aeronautic use .
| 19 | | (f) "Aeronautic use" means entry onto a private airstrip on | 20 | | the land of another to conduct recreational non-commercial | 21 | | flight activities with ultra light or other aircraft, or any | 22 | | activity solely related to the aforesaid recreational | 23 | | non-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 | 2 | | recognized by or provided in Sections 4 and 6, an owner of land | 3 | | owes no duty of care to keep a private airstrip's premises safe | 4 | | for aeronautic use by others, except as to known hazards or | 5 | | defects. This Section shall not be construed to impose | 6 | | liability or remove the immunity conferred by this Act for | 7 | | failure to guard or warn of a dangerous condition created by | 8 | | the forces of nature.
| 9 | | (745 ILCS 65/4) (from Ch. 70, par. 34)
| 10 | | Sec. 4.
Except as specifically recognized by or provided in | 11 | | Section 6 of
this Act, an owner of land who either directly or | 12 | | indirectly invites or
permits without charge any person to use | 13 | | such property for recreational
or conservation purposes or for | 14 | | aeronautic use does not thereby:
| 15 | | (a) Extend any assurance that the premises are safe for any | 16 | | purpose.
| 17 | | (b) Confer upon such person the legal status of an invitee | 18 | | or licensee
to whom a duty of care is owed.
| 19 | | (c) Assume responsibility for or incur liability for any | 20 | | injury to
person or property caused by an act or omission of | 21 | | such person or any other
person who enters upon the land.
| 22 | | (d) Assume responsibility for or incur liability for any | 23 | | injury to
such person or property caused by any natural or | 24 | | artificial condition,
structure or personal property on the | 25 | | premises.
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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 | 4 | | of Sections 3 , 3.5,
and 4 of this Act are applicable to the | 5 | | duties and liability of an owner
of land leased to the State or | 6 | | any subdivision thereof for recreational
or conservation | 7 | | purposes 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 | 11 | | which otherwise
exists:
| 12 | | (a) For willful and wanton failure to guard or warn against | 13 | | a
dangerous condition, use, structure, or activity.
| 14 | | (b) For injury suffered in any case where the owner of land | 15 | | charges the
person or persons who enter or go on the land for | 16 | | the recreational or aeronautic use
thereof, except that in the | 17 | | case of land leased to the State or a
subdivision thereof, any | 18 | | consideration received by the owner for such lease
is not a | 19 | | charge 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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| 1 | | to persons
or property.
| 2 | | (b) Relieve any person using the land of another for | 3 | | recreational
purposes or for aeronautic use from any obligation | 4 | | which he may have in the absence of this Act
to exercise care | 5 | | in his use of such land and in his activities thereon, or
from | 6 | | the legal consequences of failure to employ such care.
| 7 | | (Source: Laws 1965, p. 2263.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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