Situation: You are a member of the staff of a State Senator in your state. There are many lakes and ponds on private land throughout the state. From time to time, children or adults are injured or killed when they fish or swim in such lakes or ponds after having entered without the land owner's permission. In some such instances, the injured person or the family of the deceased person brings tort suit in state court, claiming that the land owner's failure to take steps to prevent people from entering onto the land to fish or swim was a failure of care, entitling the plaintiff to recover damages for the injury or death. The decisions of the courts have been highly inconsistent. Some courts have held for the plaintiffs. Others have held for the landowners on the ground that the injured or deceased person caused the problem by trespassing onto the property. Your Senator feels strongly about this issue and has asked you to draft a bill (which the Senator will then introduce) to deal with this matter. The bill should prescribe a clear rule to govern future lawsuits of this nature.

I am really wondering just how to get started with this so I am on the right track!

1. S #____________

IN THE SENATE

Date_________________________

A BILL

1. TITLE. [The subject of the bill should be briefly expressed in the title]

Be it enacted by the Legislature of the State of X,

1. LEGISLATIVE FINDINGS/PURPOSE.[Briefly state what the bill will do and/or require, and what findings the law is based on]

1. OPERATIVE PROVISIONS.[Using clear and concise language, state what your bill will prohibit/permit/mandate.]

(1)

(2)

(3)

(4)

(5)

SCOPE PROVISIONS [As appropriate, state definitions of key terms, exceptions from the operative provisions, transitional rules, and/or effective dates of the legislation]

(1)

(2)

(3)

(4) (5)

PROCEDURAL/ENFORCEMENT PROVISIONS [As appropriate, include provisions discussing how the legislation will be enforced, such as delegation to agencies, judicial remedies, civil or criminal sanctions, and any relevant severability provisions]

(1)

(2)

(3)

(4) (5)