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90_HB0810
745 ILCS 10/3-108 from Ch. 85, par. 3-108
Amends the Local Governmental and Governmental Employees
Tort Immunity Act. Provides that a local public entity that
designates public property to be used for purposes of
swimming and posts a notice of the hours for that use is
liable only for an injury caused by its failure to provide
adequate supervision during those hours. Presently the
entity is liable if it fails to provide supervision during
those posted hours. Establishes a presumption that adequate
supervision was provided unless the act or omission
constitutes willful and wanton conduct. Effective
immediately.
LRB9001381RCcd
LRB9001381RCcd
1 AN ACT to amend the Local Governmental and Governmental
2 Employees Tort Immunity Act by changing Section 3-108.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Local Governmental and Governmental
6 Employees Tort Immunity Act is amended by changing Section
7 3-108 as follows:
8 (745 ILCS 10/3-108) (from Ch. 85, par. 3-108)
9 Sec. 3-108. (a) Except as otherwise provided by this Act
10 and subject to subdivision (b) neither a local public entity
11 nor a public employee is liable for an injury caused by a
12 failure to supervise an activity on or the use of any public
13 property.
14 (b) Where a local public entity or public employee
15 designates a part of public property to be used for purposes
16 of swimming and establishes and designates by notice posted
17 upon the premises the hours of such use, the entity or public
18 employee is liable only for an injury proximately caused by
19 its failure to provide adequate supervision during the said
20 hours posted. There shall be a presumption that adequate
21 supervision was provided unless the act or omission
22 constitutes willful and wanton conduct.
23 (Source: Laws 1965, p. 2983.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.