Bill Text: IL SB1042 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Mortgage Escrow Account Act. Makes a technical change in a Section concerning the Act's short title.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-08-23 - Public Act . . . . . . . . . 98-0522 [SB1042 Detail]

Download: Illinois-2013-SB1042-Amended.html

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Sen. Don Harmon

Filed: 4/15/2013

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AMENDMENT TO SENATE BILL 1042
AMENDMENT NO. ______. Amend Senate Bill 1042 by replacing
everything after the enacting clause with the following:
"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, holder of a
conservation easement, the State of Illinois and its
political subdivisions, or person in control of the

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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

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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) 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

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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

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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.)
Section 99. Effective date. This Act takes effect upon
becoming law.".