Bill Text: IL HB3999 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Recreational Use of Land and Water Areas Act. Provides that "owner" includes railroads and public or private utilities. Effective immediately.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3999 Detail]

Download: Illinois-2017-HB3999-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB3999 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
745 ILCS 65/2 from Ch. 70, par. 32
Amends the Recreational Use of Land and Water Areas Act. Provides that "owner" includes railroads and public or private utilities. Effective immediately.
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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 5. The Recreational Use of Land and Water Areas Act
is amended by changing Section 2 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, railroad,
public or private utility, 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

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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

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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. 98-522, eff. 1-1-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.