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| 1 | AMENDMENT TO HOUSE BILL 33
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| 2 | AMENDMENT NO. ______. Amend House Bill 33 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Rivers, Lakes, and Streams Act is amended | ||||||
| 5 | by adding Section 23b as follows: | ||||||
| 6 | (615 ILCS 5/23b new) | ||||||
| 7 | Sec. 23b. Dams; signs and buoys. | ||||||
| 8 | (a) The Department of Natural Resources shall establish | ||||||
| 9 | specifications for signs and devices that provide warnings of | ||||||
| 10 | the presence of dams for persons using the public waters of the | ||||||
| 11 | State. The Department shall establish such specifications | ||||||
| 12 | pursuant to administrative rule. | ||||||
| 13 | (b) For dams located in public waters and that are not | ||||||
| 14 | subject to federal regulation regarding safety standards, the | ||||||
| 15 | Department of Natural Resources shall examine each dam to | ||||||
| 16 | determine hazards that may exist at each dam. | ||||||
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| 1 | (c) The Department of Natural Resources shall, after | ||||||
| 2 | conducting the examination required under subsection (b) of | ||||||
| 3 | this Section, submit administrative rules setting forth | ||||||
| 4 | appropriate safety devices to be required at each dam. | ||||||
| 5 | (d) The Department of Natural Resources shall be authorized | ||||||
| 6 | to designate enforceable exclusion zones around dams pursuant | ||||||
| 7 | to administrative rule. Violation of such exclusion zones shall | ||||||
| 8 | constitute a Class A misdemeanor. | ||||||
| 9 | (e) Except for willful and wanton misconduct, neither the | ||||||
| 10 | Department of Natural Resources nor employees or agents of the | ||||||
| 11 | Department shall be liable for damages, injuries, or deaths | ||||||
| 12 | occurring at dams located in public waters by reason of the | ||||||
| 13 | Department's regulation thereof pursuant to this Section. | ||||||
| 14 | Nothing in this Act shall relieve an owner or operator of a dam | ||||||
| 15 | from the legal duties, obligations, and liabilities arising | ||||||
| 16 | from ownership or operation.
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| 17 | Section 99. Effective date. This Act takes effect upon | ||||||
| 18 | becoming law.".
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