Bill Text: IL HB4524 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Recreational Use of Land and Water Areas Act. Provides that the definition of "land", excludes a dwelling and 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". Provides that a "charge" for permission to go upon the land means an admission fee designed to return a profit (instead of an admission fee). Adds that a "charge" does not include 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.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB4524 Detail]

Download: Illinois-2011-HB4524-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB4524 Introduced , 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.
LRB097 17791 AJO 63007 b
A BILL FOR
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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 and 6 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 land, roads, water, watercourses,
private ways and buildings, structures, and machinery or
equipment when attached to the realty, but does not include a
dwelling and the property immediately adjacent to and
surrounding such dwelling that is used primarily for activities
associated with the occupancy of the dwelling as a living space
residential buildings or residential property.
(b) "Owner" includes the possessor of any direct, indirect,
or beneficial interest in land, whether it be as owner, a
tenant, lessee, occupant, the State of Illinois and its
political subdivisions, or person or entity in control of the
premises.
(c) "Recreational or conservation purpose" means entry
onto the land of another to conduct hunting or recreational
shooting or a combination thereof, or for any recreational

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pursuit or activity engaged in for the purpose of exercise,
sport, relaxation, pleasure, or education or any activity
solely related to the aforesaid hunting or recreational
shooting.
(d) "Charge" means an admission fee designed to return a
profit for permission to go upon the land, but does not
include: the sharing of game, fish, vegetation, crops, 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 or maintaining
the land; or a nominal fee requested by the owner for the
purpose of defraying the cost of maintaining the land.
(e) "Person" includes any person, regardless of age,
maturity, or experience, who enters upon or uses land for
recreational or conservation purposes.
(Source: P.A. 94-625, eff. 8-18-05.)
(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, excepting
therefrom liability based upon conditions, features, or
properties naturally occurring on the land.
(b) For injury suffered in any case where (i) the owner of
land charges the person or persons who enter or go on the land

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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, or (ii) the owner
requests a nominal fee for purposes of maintaining the land.
(Source: P.A. 85-959.)