Bill Status of SB0275  93rd General Assembly

Short Description:  LOCAL GOVT TORT IMMUN-BICYCLE

Senate Sponsors
Sen. John J. Cullerton - Jeffrey M. Schoenberg - Barack Obama - Edward D. Maloney - Jacqueline Y. Collins and Todd Sieben

House Sponsors
(Rep. William B. Black - Julie Hamos - Ricca Slone - Elizabeth Coulson - Karen May, Patricia Bailey, Linda Chapa LaVia, Sara Feigenholtz, Harry Osterman and Joseph M. Lyons)

Last Action
DateChamber Action
  1/11/2005SenateSession Sine Die

Statutes Amended In Order of Appearance
745 ILCS 10/3-102from Ch. 85, par. 3-102


Synopsis As Introduced
Amends provisions of the Local Governmental and Governmental Employees Tort Immunity Act concerning a local public entity's duty to maintain its property in a reasonably safe condition for intended and permitted users. Provides that a person riding a bicycle is deemed to be an intended and permitted user of a roadway, except in the case of roadways upon which the use of bicycles is prohibited and the prohibition is indicated by appropriate signage.

Senate Committee Amendment No. 1
Deletes reference to:
745 ILCS 10/3-102
Adds reference to:
745 ILCS 10/3-106.1 new

Deletes everything after the enacting clause. Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that neither a local public entity nor a public employee is liable for an injury to a bicyclist where the liability is based on the existence of a condition of any street or highway, bike lane, bike route, or bike path unless the local public entity or public employee is guilty of willful and wanton misconduct proximately causing the injury.

House Floor Amendment No. 1
Deletes reference to:
745 ILCS 10/3-106.1 new
Adds reference to:
625 ILCS 5/11-1502

Deletes everything. Amends the Illinois Vehicle Code. Provides that a person riding a bicycle is an intended and permitted user of any highway in Illinois except for a highway on which bicycle use has been specifically prohibited by law and the prohibition is indicated by appropriate signage. Provides that the new language does not create liability for any public entity for the failure to remedy any surface condition of a public right-of-way that is hazardous to a person riding a bicycle if that surface condition is not hazardous to a motor vehicle. Provides that, except as expressly provided by law, the new language does not impose an obligation to further improve existing public rights-of-way, or to maintain them to a higher standard, for use by bicyclists.

Actions 
DateChamber Action
  2/5/2003SenateFiled with Secretary by Sen. John J. Cullerton
  2/5/2003SenateFirst Reading
  2/5/2003SenateReferred to Rules
  2/19/2003SenateAssigned to Judiciary
  2/26/2003SenateAdded as Chief Co-Sponsor Sen. Jeffrey M. Schoenberg
  2/27/2003SenatePostponed - Judiciary
  2/27/2003SenateAdded as Chief Co-Sponsor Sen. Barack Obama
  3/5/2003SenateHeld in Judiciary
  3/6/2003SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton
  3/6/2003SenateSenate Committee Amendment No. 1 Referred to Rules
  3/11/2003SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary
  3/11/2003SenateSenate Committee Amendment No. 1 Adopted
  3/13/2003SenateDo Pass as Amended Judiciary; 010-000-000
  3/13/2003SenatePlaced on Calendar Order of 2nd Reading March 18, 2003
  3/21/2003SenateSecond Reading
  3/21/2003SenatePlaced on Calendar Order of 3rd Reading March 24, 2003
  4/3/2003SenateThird Reading - Passed; 047-010-000
  4/4/2003HouseArrived in House
  4/4/2003HouseChief House Sponsor Rep. Elaine Nekritz
  4/4/2003HouseAdded Alternate Chief Co-Sponsor Rep. Julie Hamos
  4/4/2003HouseFirst Reading
  4/4/2003HouseReferred to Rules Committee
  4/8/2003HouseAssigned to Judiciary I - Civil Law Committee
  4/30/2003HouseAdded Alternate Co-Sponsor Rep. Karen May
  5/1/2003HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 017-001-000
  5/1/2003HousePlaced on Calendar 2nd Reading - Short Debate
  5/16/2003HouseAdded Alternate Chief Co-Sponsor Rep. Elizabeth Coulson
  5/16/2003HouseCommittee/3rd Reading Deadline Extended-Rule 9(b); May 23, 2003
  5/16/2003HouseAlternate Chief Co-Sponsor Changed to Rep. Elizabeth Coulson
  5/23/2003HouseThird Reading/Final Action Deadline Extended-9(b) May 31, 2003
  5/27/2003HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Elaine Nekritz
  5/27/2003HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/29/2003HouseAdded Alternate Chief Co-Sponsor Rep. Ricca Slone
  5/29/2003HouseAdded Alternate Co-Sponsor Rep. Patricia Bailey
  5/29/2003HouseAdded Alternate Co-Sponsor Rep. Linda Chapa LaVia
  5/29/2003HouseSecond Reading - Short Debate
  5/29/2003HouseHeld on Calendar Order of Second Reading - Short Debate
  5/30/2003HouseAdded Alternate Chief Co-Sponsor Rep. Karen May
  5/30/2003SenateAdded as Chief Co-Sponsor Sen. Edward D. Maloney
  5/30/2003HouseAdded Alternate Co-Sponsor Rep. Sara Feigenholtz
  5/30/2003SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/30/2003SenateAdded as Co-Sponsor Sen. Todd Sieben
  5/31/2003HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-001-000
  5/31/2003HouseAdded Alternate Co-Sponsor Rep. Harry Osterman
  5/31/2003HouseHouse Floor Amendment No. 1 Adopted 058-055-002
  5/31/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/31/2003HouseThird Reading - Consideration Postponed
  5/31/2003HousePlaced on Calendar - Consideration Postponed
  5/31/2003HouseAdded Alternate Co-Sponsor Rep. Joseph M. Lyons
  6/1/2003HouseRule 19(a) / Re-referred to Rules Committee
  11/18/2004HouseAlternate Chief Sponsor Changed to Rep. William B. Black
  1/11/2005SenateSession Sine Die