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Public Act 098-0522 Public Act 0522 98TH GENERAL ASSEMBLY |
Public Act 098-0522 | SB1042 Enrolled | LRB098 05337 HEP 35371 b |
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| 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.
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Effective Date: 1/1/2014
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