HB0033ham001 95TH GENERAL ASSEMBLY

Agriculture & Conservation Committee

Filed: 3/13/2007

09500HB0033ham001 LRB095 03557 DRH 32630 a

AMENDMENT TO HOUSE BILL 33

AMENDMENT NO. ______. Amend House Bill 33 by replacing everything after the enacting clause with the following:

"Section 5. The Rivers, Lakes, and Streams Act is amended by adding Section 23b as follows:

(615 ILCS 5/23b new)

Sec. 23b. Dams; signs and buoys.

(a) The Department of Natural Resources shall establish specifications for signs and devices that provide warnings of the presence of dams for persons using the public waters of the State. The Department shall establish such specifications pursuant to administrative rule.

(b) For dams located in public waters and that are not subject to federal regulation regarding safety standards, the Department of Natural Resources shall examine each dam to determine hazards that may exist at each dam.

(c) The Department of Natural Resources shall, after conducting the examination required under subsection (b) of this Section, submit administrative rules setting forth appropriate safety devices to be required at each dam.

(d) The Department of Natural Resources shall be authorized to designate enforceable exclusion zones around dams pursuant to administrative rule. Violation of such exclusion zones shall constitute a Class A misdemeanor.

(e) Except for willful and wanton misconduct, neither the Department of Natural Resources nor employees or agents of the Department shall be liable for damages, injuries, or deaths occurring at dams located in public waters by reason of the Department's regulation thereof pursuant to this Section. Nothing in this Act shall relieve an owner or operator of a dam from the legal duties, obligations, and liabilities arising from ownership or operation.

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