Bill Text: IL HB1899 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Reenacts and changes provisions of the Premises Liability Act that were added by Public Act 89-7, which was held to be void in its entirety by the Illinois Supreme Court in Best v. Taylor Machine Works. Includes findings. The reenacted provisions describe the duty of reasonable care owed to invited entrants by an owner or occupier of premises, and provide that an owner or occupier of land owes no duty of care to an adult trespasser other than to refrain from willful and wanton conduct that would endanger the safety of a known trespasser from a condition of the property or an activity conducted on the property. Provides that the reenacted provisions apply to causes of action accruing on or after the effective date of reenactment.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB1899 Detail]

Download: Illinois-2011-HB1899-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB1899 Introduced , by Rep. Dwight Kay SYNOPSIS AS INTRODUCED:
740 ILCS 130/2 from Ch. 80, par. 302
740 ILCS 130/3 from Ch. 80, par. 303
Reenacts and changes provisions of the Premises Liability Act that were added by Public Act 89-7, which was held to be void in its entirety by the Illinois Supreme Court in Best v. Taylor Machine Works. Includes findings. The reenacted provisions describe the duty of reasonable care owed to invited entrants by an owner or occupier of premises, and provide that an owner or occupier of land owes no duty of care to an adult trespasser other than to refrain from willful and wanton conduct that would endanger the safety of a known trespasser from a condition of the property or an activity conducted on the property. Provides that the reenacted provisions apply to causes of action accruing on or after the effective date of reenactment.
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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 1. Findings; purpose; base text.
(a) The General Assembly finds and declares that:
(1) "An Act to amend certain Acts in relation to civil
actions, which may be referred to as the Civil Justice
Reform Amendments of 1995", Public Act 89-7, approved March
9, 1995, amended Sections 2 and 3 of the Premises Liability
Act. Public Act 89-7 also contained other provisions.
(2) In Best v. Taylor Machine Works, 179 Ill. 2d 367
(1997), the Illinois Supreme Court held that Public Act
89-7 was void in its entirety.
(3) The provisions of Public Act 89-7 that amended
Sections 2 and 3 of the Premises Liability Act are of vital
concern to the people of this State, and legislative action
concerning these provisions is necessary.
(b) It is the purpose of this Act to reenact the provisions
of Public Act 89-7 that amended Sections 2 and 3 of the
Premises Liability Act. This Act is not intended to supersede
any changes made to these Sections by another Public Act. The
reenacted material is shown as existing text; striking and
underscoring have been used only to show the changes being made
by this Act in the reenacted text.

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Section 5. The Premises Liability Act is amended by
reenacting and changing Sections 2 and 3 as follows:
(740 ILCS 130/2) (from Ch. 80, par. 302)
(Text of Section WITH the changes made by P.A. 89-7, which
has been held unconstitutional)
Sec. 2. The distinction under the common law between
invitees and licensees as to the duty owed by an owner or
occupier of any premises to such entrants is abolished.
The duty owed to such entrants is that of reasonable care
under the circumstances regarding the state of the premises or
acts done or omitted on them. The duty of reasonable care under
the circumstances which an owner or occupier of land owes to
such entrants does not include any of the following: a duty to
warn of or otherwise take reasonable steps to protect such
entrants from conditions on the premises that are known to the
entrant, are open and obvious, or can reasonably be expected to
be discovered by the entrant; a duty to warn of latent defects
or dangers or defects or dangers unknown to the owner or
occupier of the premises; a duty to warn such entrants of any
dangers resulting from misuse by the entrants of the premises
or anything affixed to or located on the premises; or a duty to
protect such entrants from their own misuse of the premises or
anything affixed to or located on the premises.
The reenactment by this amendatory Act of the 97th General

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Assembly of the changes made to this Section by Public Act 89-7
applies to causes of action accruing on or after the effective
date of this amendatory Act. This amendatory Act of 1995
applies to causes of action accruing on or after its effective
date.
(Source: P.A. 89-7, eff. 3-9-95.)
(740 ILCS 130/3) (from Ch. 80, par. 303)
(Text of Section WITH the changes made by P.A. 89-7, which
has been held unconstitutional)
Sec. 3. Nothing herein affects the law as regards the
trespassing child entrant. An owner or occupier of land owes no
duty of care to an adult trespasser other than to refrain from
willful and wanton conduct that would endanger the safety of a
known trespasser on the property from a condition of the
property or an activity conducted by the owner or occupier on
the property.
The reenactment by this amendatory Act of the 97th General
Assembly of the changes made to this Section by Public Act 89-7
applies to causes of action accruing on or after the effective
date of this amendatory Act.
This amendatory Act of 1995 applies only to causes of
action accruing on or after its effective date.
(Source: P.A. 89-7, eff. 3-9-95.)