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Public Act 098-0522


 

Public Act 0522 98TH GENERAL ASSEMBLY



 


 
Public Act 098-0522
 
SB1042 EnrolledLRB098 05337 HEP 35371 b

    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, 4, 6, and 7 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 roads, land, water, watercourses,
    private ways and buildings, structures, and machinery or
    equipment when attached to the realty, but does not include
    residential buildings or residential property.
        (b) "Owner" includes the possessor of any interest in
    land, whether it be a tenant, lessee, occupant, the State
    of Illinois and its political subdivisions, or person in
    control of the premises.
        (c) "Recreational or conservation purpose" means:
            (1) entry onto the land of another to conduct
        hunting or recreational shooting or a combination
        thereof or any activity solely related to the aforesaid
        hunting or recreational shooting; or .
            (2) entry by the general public onto the land of
        another for any activity undertaken for conservation,
        resource management, educational, or outdoor
        recreational use.
        (d) "Charge" means an admission fee for permission to
    go upon the land, but does not include: the sharing of
    game, fish 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 the land.
        (e) "Person" includes any person, regardless of age,
    maturity, or experience, who enters upon or uses land for
    recreational purposes.
        (f) "Invites", for the purposes of this Act, means the
    words or conduct of the owner would lead a reasonable
    person to believe that the owner desires the particular
    person to enter the land to the exclusion of the general
    public. No economic interest on the part of the owner is
    required.
        (g) "Permits", for the purposes of this Act, means the
    words or conduct of the owner would lead a reasonable
    person to believe that the owner is willing to allow the
    general public to enter the land. The words or conduct of
    the owner inviting (i) the general public to enter the land
    or (ii) particular persons to enter the land for a
    recreational or conservation purpose as defined in
    paragraph (1) of subsection (c) of this Section shall be
    construed as "permits" for purposes of this Act.
    The changes to this Section made by this amendatory Act of
the 98th General Assembly apply only to causes of action
accruing on or after the effective date of this amendatory Act
of the 98th General Assembly.
(Source: P.A. 94-625, eff. 8-18-05.)
 
    (745 ILCS 65/4)  (from Ch. 70, par. 34)
    Sec. 4. Except as specifically recognized by or provided in
Section 6 of this Act, an owner of land who either directly or
indirectly invites or permits without charge any person to use
such property for recreational or conservation purposes does
not thereby:
        (a) Extend any assurance that the premises are safe for
    any purpose.
        (b) (Blank). Confer upon such person the legal status
    of an invitee or licensee to whom a duty of care is owed.
        (c) Assume responsibility for or incur liability for
    any injury to person or property caused by an act or
    omission of such person or any other person who enters upon
    the land.
        (d) Assume responsibility for or incur liability for
    any injury to such person or property caused by any natural
    or artificial condition, structure or personal property on
    the premises.
    The changes to this Section made by this amendatory Act of
the 98th General Assembly apply only to causes of action
accruing on or after the effective date of this amendatory Act
of the 98th General Assembly.
(Source: P.A. 86-414.)
 
    (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.
        (b) For injury suffered in any case where the owner of
    land invites, as defined in subsection (f) of Section 2 of
    this Act, or 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.
    The changes to this Section made by this amendatory Act of
the 98th General Assembly apply only to causes of action
accruing on or after the effective date of this amendatory Act
of the 98th General Assembly.
(Source: P.A. 85-959.)
 
    (745 ILCS 65/7)  (from Ch. 70, par. 37)
    Sec. 7. Nothing in this Act shall be construed to:
    (a) (Blank). Create a duty of care or ground of liability
for injury to persons or property.
    (b) Relieve any person using the land of another for
recreational purposes from any obligation which he may have in
the absence of this Act to exercise care in his use of such
land and in his activities thereon, or from the legal
consequences of failure to employ such care.
    The changes to this Section made by this amendatory Act of
the 98th General Assembly apply only to causes of action
accruing on or after the effective date of this amendatory Act
of the 98th General Assembly.
(Source: Laws 1965, p. 2263.)
 
    Section 99. Effective date. This Act takes effect January
1, 2014.

Effective Date: 1/1/2014