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.


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A BILL FOR

 

HB4524LRB097 17791 AJO 63007 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Recreational Use of Land and Water Areas Act
5is amended by changing Sections 2 and 6 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 land, roads, water, watercourses,
10private ways and buildings, structures, and machinery or
11equipment when attached to the realty, but does not include a
12dwelling and the property immediately adjacent to and
13surrounding such dwelling that is used primarily for activities
14associated with the occupancy of the dwelling as a living space
15residential buildings or residential property.
16    (b) "Owner" includes the possessor of any direct, indirect,
17or beneficial interest in land, whether it be as owner, a
18tenant, lessee, occupant, the State of Illinois and its
19political subdivisions, or person or entity in control of the
20premises.
21    (c) "Recreational or conservation purpose" means entry
22onto the land of another to conduct hunting or recreational
23shooting or a combination thereof, or for any recreational

 

 

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1pursuit or activity engaged in for the purpose of exercise,
2sport, relaxation, pleasure, or education or any activity
3solely related to the aforesaid hunting or recreational
4shooting.
5    (d) "Charge" means an admission fee designed to return a
6profit for permission to go upon the land, but does not
7include: the sharing of game, fish, vegetation, crops, or other
8products of recreational use; or benefits to or arising from
9the recreational use; or contributions in kind, services or
10cash made for the purpose of properly conserving or maintaining
11the land; or a nominal fee requested by the owner for the
12purpose of defraying the cost of maintaining the land.
13    (e) "Person" includes any person, regardless of age,
14maturity, or experience, who enters upon or uses land for
15recreational or conservation purposes.
16(Source: P.A. 94-625, eff. 8-18-05.)
 
17    (745 ILCS 65/6)  (from Ch. 70, par. 36)
18    Sec. 6. Nothing in this Act limits in any way any liability
19which otherwise exists:
20    (a) For willful and wanton failure to guard or warn against
21a dangerous condition, use, structure, or activity, excepting
22therefrom liability based upon conditions, features, or
23properties naturally occurring on the land.
24    (b) For injury suffered in any case where (i) the owner of
25land charges the person or persons who enter or go on the land

 

 

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1for the recreational use thereof, except that in the case of
2land leased to the State or a subdivision thereof, any
3consideration received by the owner for such lease is not a
4charge within the meaning of this Section, or (ii) the owner
5requests a nominal fee for purposes of maintaining the land.
6(Source: P.A. 85-959.)