Illinois General Assembly - Full Text of Public Act 095-0603
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Public Act 095-0603




Public Act 095-0603
SB0333 Enrolled LRB095 08828 AJO 29014 b

    AN ACT concerning civil law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 1. Short title; purpose. This Act may be cited as
the State of Illinois Recreational Use of Leased Land Act.
    The purpose of this Act is to encourage owners of land
through nominal leases to the State of Illinois Department of
Natural Resources to make land and water areas available to
members of the general public for recreational uses by limiting
their liability toward persons entering thereon for such uses.
    Section 5. Definitions. As used in this Act, unless the
context otherwise requires:
    "Land" includes roads, water, watercourses, private ways
and buildings, and structures, but does not include residential
buildings or residential property.
    "Owner-lessor" means the owner of land that is leased to
the State of Illinois Department of Natural Resources pursuant
to a nominal lease.
    "Nominal lease" means any lease between an owner-lessor and
the State of Illinois Department of Natural Resources under
which the total rent for the term of the lease is less than $5.
    "Leased land" means any land leased by an owner-lessor to
the State of Illinois Department of Natural Resources pursuant
to a nominal lease.
    "Recreational use" means any activity undertaken for
conservation, resource management, exercise, or recreation on
leased land.
    "Charge" means an admission fee for permission to go upon
leased land, but does not include: the sharing of game, fish,
or other products of recreational use; or benefits to or
arising from the recreational use; or contributions in kind,
services or cash made for the purpose of properly conserving
the leased land.
    "Person" means any person who is a member of the general
public, regardless of age, maturity, or experience.
    Section 10. No duty. Except as specifically recognized by
or provided in Section 15 of this Act, an owner-lessor of
leased land shall not be liable for injury of any kind to any
person who enters the leased land for a recreational use,
except for willful and wanton misconduct. The owner-lessor of
leased land owes no duty of ordinary care to keep leased land
safe for entry or use by any person for recreational uses, as
defined by this Act, or to give any warning of a natural or
artificial dangerous condition, use, structure, or activity on
the leased land to persons entering for such uses.
    Section 15. Willful and wanton failure; charge for entry.
Nothing in this Act limits in any way any liability which
otherwise exists:
    (a) For willful and wanton failure by an owner-lessor to
guard or warn against a dangerous condition, use, structure, or
activity on leased land.
    (b) For injury suffered by a person in any case where the
owner-lessor of leased land assesses a charge against that
person who enters or goes on the leased land for recreational
    Section 20. Construction. Nothing in this Act shall be
construed to:
    (a) Create a duty of ordinary care owed by an owner-lessor
to any person on the leased land for a recreational use or to
establish the basis for liability of an owner-lessor for injury
to persons or property.
    (b) Relieve any person using leased land for recreational
uses from any obligation which he or she may have in the
absence of this Act to exercise care in his or her use of such
leased land and in his or her activities thereon, or from the
legal consequences of failure to employ such care.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 9/11/2007