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| Public Act 095-0603 |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title; purpose. This Act may be cited as | ||||
the State of Illinois Recreational Use of Leased Land Act. | ||||
The purpose of this Act is to encourage owners of land | ||||
through nominal leases to the State of Illinois Department of | ||||
Natural Resources to make land and water areas available to | ||||
members of the general public for recreational uses by limiting | ||||
their liability toward persons entering thereon for such uses. | ||||
Section 5. Definitions. As used in this Act, unless the | ||||
context otherwise requires: | ||||
"Land" includes roads, water, watercourses, private ways | ||||
and buildings, and structures, but does not include residential | ||||
buildings or residential property. | ||||
"Owner-lessor" means the owner of land that is leased to | ||||
the State of Illinois Department of Natural Resources pursuant | ||||
to a nominal lease. | ||||
"Nominal lease" means any lease between an owner-lessor and | ||||
the State of Illinois Department of Natural Resources under | ||||
which the total rent for the term of the lease is less than $5. | ||||
"Leased land" means any land leased by an owner-lessor to | ||||
the State of Illinois Department of Natural Resources pursuant | ||||
to a nominal lease. | ||
"Recreational use" means any activity undertaken for | ||
conservation, resource management, exercise, or recreation on | ||
leased land. | ||
"Charge" means an admission fee for permission to go upon | ||
leased 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 leased land. | ||
"Person" means any person who is a member of the general | ||
public, regardless of age, maturity, or experience. | ||
Section 10. No duty. Except as specifically recognized by | ||
or provided in Section 15 of this Act, an owner-lessor of | ||
leased land shall not be liable for injury of any kind to any | ||
person who enters the leased land for a recreational use, | ||
except for willful and wanton misconduct. The owner-lessor of | ||
leased land owes no duty of ordinary care to keep leased land | ||
safe for entry or use by any person for recreational uses, as | ||
defined by this Act, or to give any warning of a natural or | ||
artificial dangerous condition, use, structure, or activity on | ||
the leased land to persons entering for such uses. | ||
Section 15. Willful and wanton failure; charge for entry. | ||
Nothing in this Act limits in any way any liability which | ||
otherwise exists:
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(a) For willful and wanton failure by an owner-lessor to | ||
guard or warn against a dangerous condition, use, structure, or | ||
activity on leased land.
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(b) For injury suffered by a person in any case where the | ||
owner-lessor of leased land assesses a charge against that | ||
person who enters or goes on the leased land for recreational | ||
use.
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Section 20. Construction. Nothing in this Act shall be | ||
construed to: | ||
(a) Create a duty of ordinary care owed by an owner-lessor | ||
to any person on the leased land for a recreational use or to | ||
establish the basis for liability of an owner-lessor for injury | ||
to persons or property.
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(b) Relieve any person using leased land for recreational | ||
uses from any obligation which he or she may have in the | ||
absence of this Act to exercise care in his or her use of such | ||
leased land and in his or her activities thereon, or from the | ||
legal consequences of failure to employ such care.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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