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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 
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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 
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legal consequences of failure to employ such care.
 

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