Illinois 95th Regular Session Status: Enacted

SB 333 — RECREATION LAND USE-VARIETY

Last action — Public Act . . . . . . . . . 95-0603

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 07, 2007. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Recreational Use of Land and Water Areas Act. Provides that purpose of the Act is to encourage owners of land to make areas available (at present, to any individual or the public). Provides that the definition of "recreational or conservation purpose" includes conservation, resource management, exercise, education, relaxation or pleasure (at present, hunting or recreational shooting).

Bill Text

What changed in the latest version

68 added · 30 removed

Plain-language change summary

The amended version of SB 333 establishes a new Act specifically aimed at promoting recreational use of land leased to the State of Illinois by limiting the liability of landowners who offer their land for such purposes. Key changes include redefining terms like "owner-lessor" and "nominal lease," clarifying that the rent paid under these leases is less than $5. This matters because it encourages landowners to make their properties available for public recreation without the fear of being held liable for accidents, thereby expanding opportunities for outdoor activities and conservation efforts.

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SB0333 Engrossed LRB095 08828 AJO 29014 b AN ACT concerning civil law.
SB0333 Enrolled LRB095 08828 AJO 29014 b AN ACT concerning civil law.
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.
The Recreational Use of Land and Water Areas Act is amended by changing Section 2 as follows:
Definitions.
(745 ILCS 65/2) (from Ch.
70, par.
32) Sec.
2.
(a) "Land" includes roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty, but does not include residential buildings or residential property.
"Land" includes roads, water, watercourses, private ways and buildings, and structures, but does not include residential buildings or residential property.
(b) "Owner" includes the possessor of any interest in land, whether it be a tenant, lessee, occupant, the State of Illinois and its political subdivisions, or person in control of the premises.
"Owner-lessor" means the owner of land that is leased to the State of Illinois Department of Natural Resources pursuant to a nominal lease.
(c) "Recreational or conservation purpose" means entry onto the land of another to conduct fishing, hunting, or recreational shooting or a combination thereof, or any activity solely related to the aforesaid hunting or recreational shooting.
"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.
(d) "Charge" means an admission fee for permission to go upon the land, but does not include:
"Leased land" means any land leased by an owner-lessor to the State of Illinois Department of Natural Resources pursuant SB0333 Enrolled - 2 - LRB095 08828 AJO 29014 b to a nominal lease.
the sharing of game, fish SB0333 Engrossed - 2 - LRB095 08828 AJO 29014 b or other products of recreational use;
"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 contributions in kind, services or cash made for the purpose of properly conserving the land.
or contributions in kind, services or cash made for the purpose of properly conserving the leased land.
(e) "Person" includes any person, regardless of age, maturity, or experience, who enters upon or uses land for recreational purposes.
"Person" means any person who is a member of the general public, regardless of age, maturity, or experience.
(Source:
Section 10.
P.A.
No duty.
94-625, eff.
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.
8-18-05.)
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 SB0333 Enrolled - 3 - LRB095 08828 AJO 29014 b 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 use.
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.
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 95-0603

  2. Effective Date September 11, 2007

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 1 Senate Concurs 046-000-000

  7. 3/5 Vote Required

  8. House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary Civil Law; 009-000-000

  9. House Floor Amendment No. 1 Motion to Concur Referred to Judiciary Civil Law

  10. House Floor Amendment No. 1 Motion to Concur Referred to Rules

  11. House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. John J. Cullerton

  12. Placed on Calendar Order of Concurrence House Amendment(s) 01 - June 7, 2007

  13. Secretary's Desk - Concurrence House Amendment(s) 01

  14. Third Reading - Short Debate - Passed 103-000-000

  15. 3/5 Vote Required

  16. Placed on Calendar Order of 3rd Reading - Short Debate

  17. House Floor Amendment No. 1 Adopted by Voice Vote

  18. House Floor Amendment No. 1 Recommends Be Adopted Judiciary I - Civil Law Committee; 009-000-000

  19. House Floor Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee

  20. Final Action Deadline Extended-9(b) June 8, 2007

  21. Alternate Chief Sponsor Changed to Rep. Lou Lang

  22. House Floor Amendment No. 1 Referred to Rules Committee

  23. House Floor Amendment No. 1 Filed with Clerk by Rep. Lou Lang

  24. Held on Calendar Order of Second Reading - Short Debate

  25. Second Reading - Short Debate

  26. Placed on Calendar 2nd Reading - Short Debate

  27. Do Pass / Short Debate Judiciary I - Civil Law Committee; 014-000-000

  28. Assigned to Judiciary I - Civil Law Committee

  29. Referred to Rules Committee

  30. First Reading

  31. Chief House Sponsor Rep. Harry Osterman

  32. Placed on Calendar Order of First Reading

  33. Arrived in House

  34. Third Reading - Passed; 058-000-000

  35. Placed on Calendar Order of 3rd Reading

  36. Senate Floor Amendment No. 2 Adopted; Cullerton

  37. Recalled to Second Reading

  38. Senate Floor Amendment No. 2 Recommend Do Adopt Judiciary Civil Law; 007-000-000

  39. Senate Floor Amendment No. 2 Rules Refers to Judiciary Civil Law

  40. Senate Floor Amendment No. 2 Referred to Rules

  41. Senate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton

  42. Placed on Calendar Order of 3rd Reading March 6, 2007

  43. Second Reading

  44. Placed on Calendar Order of 2nd Reading March 2, 2007

  45. Do Pass as Amended Judiciary Civil Law; 010-000-000

  46. Senate Committee Amendment No. 1 Adopted

  47. Senate Committee Amendment No. 1 Rules Refers to Judiciary Civil Law

  48. Senate Committee Amendment No. 1 Referred to Rules

  49. Senate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton

  50. Added as Chief Co-Sponsor Sen. Pamela J. Althoff

  51. Assigned to Judiciary Civil Law

  52. Referred to Rules

  53. First Reading

  54. Filed with Secretary by Sen. John J. Cullerton

Sponsors

  • John J. Cullerton · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • John J. Cullerton

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 1

Passed 46 Yea · 0 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 380011
Democrat 8001
Republican 0001
Total 460013
% of votes cast 78%0%0%22%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Link — Yea
Meeks — Yea
Millner — Yea
Schoenberg — Yea
Sieben — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Hendon — Yea
Munoz — Yea
Kotowski — Yea
Lauzen — Not Voting
Cullerton — Yea
Jacobs — Yea
Luechtefeld — Not Voting
Watson — Yea
Jones, J. — Yea
Demuzio — Yea
Noland — Yea
Peterson — Yea
Brady — Not Voting
Silverstein — Not Voting
Sullivan — Not Voting
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Clayborne — Not Voting
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Garrett — Not Voting
Hultgren — Not Voting
Pankau — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Not Voting
Rutherford — Yea
Sandoval — Yea
Maloney — Yea
Althoff — Not Voting
Martinez — Yea
Bomke — Yea
Bond — Not Voting
Burzynski — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Not Voting
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting

Official roll call →

Third Reading

Passed 103 Yea · 0 Nay · 15 Other
Party YeaNayPresentNot Voting
Democrat 7002
Unaffiliated 920013
Republican 4000
Total 1030015
% of votes cast 87%0%0%13%
How each member voted (118)
Member Party Vote
Jefferies — Yea
Nekritz — Yea
Jefferson — Yea
Krause — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
McAuliffe — Yea
Reitz — Yea
Lyons — Yea
Dugan — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Madigan — Yea
May — Not Voting
McGuire — Yea
McCarthy — Yea
Mendoza — Yea
Bradley, John — Yea
Moffitt — Yea
Molaro — Yea
Brady — Yea
Mitchell, Bill — Yea
Munson — Yea
Myers — Yea
Mitchell, Jerry — Yea
Osterman — Yea
Sullivan — Yea
Pihos — Yea
Schock — Yea
Hannig — Yea
Scully — Yea
Harris — Yea
Hernandez — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Watson — Yea
Howard — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Davis, Monique — Yea
Coladipietro — Yea
Cole — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Dunkin — Not Voting
Dunn — Not Voting
Fortner — Yea
Froehlich — Yea
Golar — Yea
Granberg — Yea
Hamos — Yea
Holbrook — Yea
Jakobsson — Yea
Bradley, Richard — Not Voting
Burke — Not Voting
Patterson — Not Voting
Coulson — Not Voting
Franks — Not Voting
Graham — Not Voting
Hassert — Not Voting
Kosel — Not Voting
Osmond — Yea
Phelps — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Not Voting
Sommer — Not Voting
Soto — Yea
Younge — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Mathias — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Colvin — Yea
Meyer — Yea
Mulligan — Yea
Fritchey — Yea
Gordon — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Not Voting
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Not Voting
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 49000
Democrat 8001
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Hultgren — Yea
Noland — Yea
Lauzen — Yea
Link — Yea
Luechtefeld — Yea
Maloney — Yea
Meeks — Yea
Millner — Yea
Pankau — Yea
Brady — Yea
Schoenberg — Yea
Sieben — Yea
Silverstein — Yea
Sullivan — Yea
Munoz — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Cullerton — Yea
Jacobs — Yea
Watson — Yea
Jones, J. — Yea
Demuzio — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Hendon — Yea
Kotowski — Yea
Peterson — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Garrett — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Not Voting
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 333 do?
Amends the Recreational Use of Land and Water Areas Act. Provides that purpose of the Act is to encourage owners of land to make areas available (at present, to any individual or the public). Provides that the definition of "recreational or conservation purpose" includes conservation, resource management, exercise, education, relaxation or pleasure (at present, hunting or recreational shooting).
Who sponsors SB 333?
SB 333 is sponsored by John J. Cullerton.
What is the current status of SB 333?
This bill has been enacted into law. Introduced February 07, 2007. Enacted.
Where can I track SB 333?
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