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90_HB1151sam002
LRB9003791BBmgam
1 AMENDMENT TO HOUSE BILL 1151
2 AMENDMENT NO. . Amend House Bill 1151 by replacing
3 the title with the following:
4 "AN ACT to amend the Local Governmental and Governmental
5 Employees Tort Immunity Act by changing Sections 1-210 and
6 3-108."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Local Governmental and Governmental
10 Employees Tort Immunity Act is amended by changing Sections
11 1-210 and 3-108 as follows:
12 (745 ILCS 10/1-210) (from Ch. 85, par. 1-210)
13 Sec. 1-210. "Willful and wanton conduct" as used in this
14 Act means a course of action which shows an actual or
15 deliberate intention to cause harm or which, if not
16 intentional, shows an utter indifference to or conscious
17 disregard for the safety of others or their property. This
18 definition shall apply in any case where a "willful and
19 wanton" exception is incorporated into any immunity under
20 this Act.
21 (Source: P.A. 84-1431.)
-2- LRB9003791BBmgam
1 (745 ILCS 10/3-108) (from Ch. 85, par. 3-108)
2 Sec. 3-108. (a) Except as otherwise provided in this
3 Act, neither a local public entity nor a public employee who
4 undertakes to supervise an activity on or the use of any
5 public property is liable for an injury unless the local
6 public entity or public employee is guilty of willful and
7 wanton conduct in its supervision proximately causing such
8 injury.
9 (b) Except as otherwise provided in this Act, neither a
10 local public entity nor a public employee is liable for an
11 injury caused by a failure to supervise an activity on or the
12 use of any public property unless the employee or the local
13 public entity has a duty to provide supervision imposed by
14 common law, statute, ordinance, code or regulation and the
15 local public entity or public employee is guilty of willful
16 and wanton conduct in its failure to provide supervision
17 proximately causing such injury. Except as otherwise provided
18 by this Act and subject to subdivision (b) neither a local
19 public entity nor a public employee is liable for an injury
20 caused by a failure to supervise an activity on or the use of
21 any public property.
22 (b) Where a local public entity or public employee
23 designates a part of public property to be used for purposes
24 of swimming and establishes and designates by notice posted
25 upon the premises the hours of such use, the entity or public
26 employee is liable only for an injury proximately caused by
27 its failure to provide supervision during the said hours
28 posted.
29 (Source: Laws 1965, p. 2983.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.".