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Rep. Lou Lang
Filed: 5/31/2007
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LRB095 08828 WGH 37438 a |
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| AMENDMENT TO SENATE BILL 333
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| AMENDMENT NO. ______. Amend Senate Bill 333 by replacing |
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| everything after the enacting clause with the following:
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| "Section 1. Short title; purpose. This Act may be cited as |
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| the State of Illinois Recreational Use of Leased Land Act. |
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| The purpose of this Act is to encourage owners of land |
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| through nominal leases to the State of Illinois Department of |
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| Natural Resources to make land and water areas available to |
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| members of the general public for recreational uses by limiting |
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| their liability toward persons entering thereon for such uses.
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| Section 5. Definitions. As used in this Act, unless the |
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| context otherwise requires: |
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| "Land" includes roads, water, watercourses, private ways |
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| and buildings, and structures, but does not include residential |
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| buildings or residential property. |
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| "Owner-lessor" means the owner of land that is leased to |
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| the State of Illinois Department of Natural Resources pursuant |
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| to a nominal lease. |
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| "Nominal lease" means any lease between an owner-lessor and |
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| the State of Illinois Department of Natural Resources under |
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| which the total rent for the term of the lease is less than $5. |
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| "Leased land" means any land leased by an owner-lessor to |
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| the State of Illinois Department of Natural Resources pursuant |
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| to a nominal lease. |
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| "Recreational use" means any activity undertaken for |
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| conservation, resource management, exercise, or recreation on |
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| leased land. |
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| "Charge" means an admission fee for permission to go upon |
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| leased land, but does not include: the sharing of game, fish, |
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| or other products of recreational use; or benefits to or |
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| arising from the recreational use; or contributions in kind, |
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| services or cash made for the purpose of properly conserving |
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| the leased land. |
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| "Person" means any person who is a member of the general |
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| public, regardless of age, maturity, or experience.
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| Section 10. No duty. Except as specifically recognized by |
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| or provided in Section 15 of this Act, an owner-lessor of |
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| leased land shall not be liable for injury of any kind to any |
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| person who enters the leased land for a recreational use, |
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| except for willful and wanton misconduct. The owner-lessor of |
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| leased land owes no duty of ordinary care to keep leased land |
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| safe for entry or use by any person for recreational uses, as |
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| defined by this Act, or to give any warning of a natural or |
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| artificial dangerous condition, use, structure, or activity on |
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| the leased land to persons entering for such uses.
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| Section 15. Willful and wanton failure; charge for entry. |
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| Nothing in this Act limits in any way any liability which |
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| otherwise exists:
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| (a) For willful and wanton failure by an owner-lessor to |
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| guard or warn against a dangerous condition, use, structure, or |
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| activity on leased land.
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| (b) For injury suffered by a person in any case where the |
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| owner-lessor of leased land assesses a charge against that |
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| person who enters or goes on the leased land for recreational |
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| use.
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| Section 20. Construction. Nothing in this Act shall be |
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| construed to: |
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| (a) Create a duty of ordinary care owed by an owner-lessor |
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| to any person on the leased land for a recreational use or to |
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| establish the basis for liability of an owner-lessor for injury |
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| to persons or property.
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| (b) Relieve any person using leased land for recreational |
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| uses from any obligation which he or she may have in the |
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| absence of this Act to exercise care in his or her use of such |
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| leased land and in his or her activities thereon, or from the |