Full Text of SB0333 95th General Assembly
SB0333enr 95TH GENERAL ASSEMBLY
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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 | 5 |
| the State of Illinois Recreational Use of Leased Land Act. | 6 |
| The purpose of this Act is to encourage owners of land | 7 |
| through nominal leases to the State of Illinois Department of | 8 |
| Natural Resources to make land and water areas available to | 9 |
| members of the general public for recreational uses by limiting | 10 |
| their liability toward persons entering thereon for such uses. | 11 |
| Section 5. Definitions. As used in this Act, unless the | 12 |
| context otherwise requires: | 13 |
| "Land" includes roads, water, watercourses, private ways | 14 |
| and buildings, and structures, but does not include residential | 15 |
| buildings or residential property. | 16 |
| "Owner-lessor" means the owner of land that is leased to | 17 |
| the State of Illinois Department of Natural Resources pursuant | 18 |
| to a nominal lease. | 19 |
| "Nominal lease" means any lease between an owner-lessor and | 20 |
| the State of Illinois Department of Natural Resources under | 21 |
| which the total rent for the term of the lease is less than $5. | 22 |
| "Leased land" means any land leased by an owner-lessor to | 23 |
| the State of Illinois Department of Natural Resources pursuant |
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LRB095 08828 AJO 29014 b |
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| to a nominal lease. | 2 |
| "Recreational use" means any activity undertaken for | 3 |
| conservation, resource management, exercise, or recreation on | 4 |
| leased land. | 5 |
| "Charge" means an admission fee for permission to go upon | 6 |
| leased land, but does not include: the sharing of game, fish, | 7 |
| or other products of recreational use; or benefits to or | 8 |
| arising from the recreational use; or contributions in kind, | 9 |
| services or cash made for the purpose of properly conserving | 10 |
| the leased land. | 11 |
| "Person" means any person who is a member of the general | 12 |
| public, regardless of age, maturity, or experience. | 13 |
| Section 10. No duty. Except as specifically recognized by | 14 |
| or provided in Section 15 of this Act, an owner-lessor of | 15 |
| leased land shall not be liable for injury of any kind to any | 16 |
| person who enters the leased land for a recreational use, | 17 |
| except for willful and wanton misconduct. The owner-lessor of | 18 |
| leased land owes no duty of ordinary care to keep leased land | 19 |
| safe for entry or use by any person for recreational uses, as | 20 |
| defined by this Act, or to give any warning of a natural or | 21 |
| artificial dangerous condition, use, structure, or activity on | 22 |
| the leased land to persons entering for such uses. | 23 |
| Section 15. Willful and wanton failure; charge for entry. | 24 |
| Nothing in this Act limits in any way any liability which |
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LRB095 08828 AJO 29014 b |
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| otherwise exists:
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| (a) For willful and wanton failure by an owner-lessor to | 3 |
| guard or warn against a dangerous condition, use, structure, or | 4 |
| activity on leased land.
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| (b) For injury suffered by a person in any case where the | 6 |
| owner-lessor of leased land assesses a charge against that | 7 |
| person who enters or goes on the leased land for recreational | 8 |
| use.
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| Section 20. Construction. Nothing in this Act shall be | 10 |
| construed to: | 11 |
| (a) Create a duty of ordinary care owed by an owner-lessor | 12 |
| to any person on the leased land for a recreational use or to | 13 |
| establish the basis for liability of an owner-lessor for injury | 14 |
| to persons or property.
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| (b) Relieve any person using leased land for recreational | 16 |
| uses from any obligation which he or she may have in the | 17 |
| absence of this Act to exercise care in his or her use of such | 18 |
| leased land and in his or her activities thereon, or from the | 19 |
| legal consequences of failure to employ such care.
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.
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