093_HB1248eng

 
HB1248 Engrossed                     LRB093 06769 DRH 06907 b

 1        AN ACT concerning civil immunities.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Local  Governmental  and  Governmental
 5    Employees Tort Immunity Act is amended  by  changing  Section
 6    3-102 as follows:

 7        (745 ILCS 10/3-102) (from Ch. 85, par. 3-102)
 8        Sec.  3-102.  (a)  Except  as  otherwise provided in this
 9    Article, a local public  entity  has  the  duty  to  exercise
10    ordinary  care  to maintain its property in a reasonably safe
11    condition for the use in the exercise  of  ordinary  care  of
12    people  whom  the  entity  intended  and permitted to use the
13    property in a manner in which and at such  times  as  it  was
14    reasonably  foreseeable  that it would be used, and shall not
15    be liable for injury unless it is proven that it  has  actual
16    or  constructive  notice of the existence of such a condition
17    that is not reasonably safe in reasonably adequate time prior
18    to an injury to have taken  measures  to  remedy  or  protect
19    against such condition.   A person riding a bicycle is deemed
20    to  be  an  intended  and  permitted  user  of  a roadway for
21    purposes of this Section, except in the case of roadways upon
22    which the use of bicycles is prohibited and  the  prohibition
23    is indicated by appropriate signage.
24        (b)  A public entity does not have constructive notice of
25    a  condition  of  its  property  that  is not reasonably safe
26    within the meaning of  Section  3-102(a)  if  it  establishes
27    either:
28        (1)  The  existence of the condition and its character of
29    not being reasonably safe would not have been  discovered  by
30    an inspection system that was reasonably adequate considering
31    the practicability and cost of inspection weighed against the
 
HB1248 Engrossed            -2-      LRB093 06769 DRH 06907 b
 1    likelihood  and  magnitude  of  the potential danger to which
 2    failure to inspect would  give  rise  to  inform  the  public
 3    entity  whether the property was safe for the use or uses for
 4    which the public entity used or intended others  to  use  the
 5    public  property and for uses that the public entity actually
 6    knew others were making of the public  property  or  adjacent
 7    property; or
 8        (2)  The  public  entity  maintained and operated such an
 9    inspection system with due care  and  did  not  discover  the
10    condition.
11    (Source: P.A. 84-1431.)