90th General Assembly
Status of HB1151
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DART-SAVIANO-HOFFMAN-SCHOENBERG-GASH.

(CULLERTON-DILLARD)

   745 ILCS 10/3-108         from Ch. 85, par. 3-108                           

        Amends the Local Governmental  and  Governmental  Employees  Tort      
   Immunity  Act.   Amends language providing that neither a local public      
   entity nor a public employee is liable  for  an  injury  caused  by  a      
   failure to supervise an activity on or the use of any public property.      
   Creates  an  exception  in the case of willful and wanton conduct of a      
   local public entity or public employee  that  proximately  causes  the      
   injury.   Effective immediately.                                            
        HOUSE AMENDMENT NO. 1.                                                 
        Deletes the provisions of existing law regarding swimming  pools.      
   Deletes  language  providing  that  the  exemption  from liability for      
   injuries caused by a  failure  to  supervise  an  activity  on  public      
   property are subject to any exception elsewhere in the Act.                 
          FISCAL NOTE (Dpt. of Natural Resources)                              
          There will be no State fiscal impact from this bill.                 
          FISCAL NOTE (Attorney General)                                       
          No fiscal impact on operations of the Attorney General Office;       
          costs would be absorbed by existing resources.                       
          FISCAL NOTE (Dpt. of Labor)                                          
          No fiscal impact will be incurred by the Department.                 
          STATE MANDATES FISCAL NOTE                                           
          In the opinion of DCCA, HB1151, with H-am 1, fails to create a       
          State mandate.                                                       
          JUDICIAL NOTE                                                        
          There may be some reallocation in judicial workloads; no in-         
          crease or decrease in the need for number of judges.                 
        SENATE AMENDMENT NO. 2.                                                
          Adds reference to:                                                   
          745 ILCS 10/1-210               from Ch. 85, par. 1-210              
        Deletes  everything.    Amends   the   Local   Governmental   and      
   Governmental  Employees Tort Immunity Act.  Eliminates language in the      
   current law providing that a local public entity or public employee is      
   not liable for an injury caused by a failure to supervise an  activity      
   on  public property or the use of public property. Eliminates language      
   in the current law limiting liability of  a  local  public  entity  or      
   public  employee  for  injuries  on  public  property  designated  for      
   swimming  purposes. Inserts new language limiting liability of a local      
   public entity or public employee  for  injuries  on  public  property.      
   Provides  that  the  definition  of "willful and wanton conduct" shall      
   "apply in any case in  which  a  "willful  and  wanton"  exception  is      
   incorporated into any immunity" under the Act.  Effective immediately.      
        GOVERNOR'S AMENDATORY VETO MESSAGE                                     
        Recommends that the changes made by the bill in the Section            
   limiting liability for supervision of activity on public property           
   be deleted and that current law be restored, except that liability          
   for an injury on public property used for swimming is limited to            
   situations in which a local public entity or public employee has            
   actual notice that an individual is in need of assistance and is            
   guilty of willful and wanton conduct proximately causing the injury.        
   97-02-28  H  FIRST READING                                                  
   97-02-28  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   97-03-05  H       ASSIGNED TO COMMITTEE               JUD-CIVIL LAW         
   97-03-12  H                     FISCAL NOTE REQUESTED AS AMENDED/CROSS      
   97-03-12  H                   JUDICIAL NOTE REQUESTED AS AMENDED/CROSS      
   97-03-12  H                   COMMITTEE               JUD-CIVIL LAW         
   97-03-13  H                             AMENDMENT NO. 01-JUD-CIVIL LAW H    
   97-03-13  H                                   ADOPTED                       
   97-03-13  H  DO PASS AMENDED/SHORT DEBATE             010-000-000   HJUA    
   97-03-13  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   97-03-17  H                         FISCAL NOTE FILED AS AMENDED            
   97-03-17  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-03-18  H                         FISCAL NOTE FILED                       
   97-03-18  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-04-02  H                         FISCAL NOTE FILED AS AMENDED            
   97-04-02  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-04-03  H  STATE MANDATES FISCAL NOTE FILED         AS AMENDED            
   97-04-03  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-04-04  H                       JUDICIAL NOTE FILED AS AMENDED            
   97-04-04  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-04-08  H  SECOND READING-SHORT DEBATE                                    
   97-04-08  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   97-04-09  H  THIRD READING/SHORT DEBATE/PASSED        106-007-003           
   97-04-10  S  ARRIVE IN SENATE                                               
   97-04-10  S  PLACED CALENDAR ORDER OF FIRST READING                         
   97-04-10  S  CHIEF SPONSOR                            CULLERTON             
   97-04-10  S  FIRST READING                                                  
   97-04-10  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   97-04-29  S       ASSIGNED TO COMMITTEE               JUDICIARY             
   97-05-07  S       DO PASS                             008-000-000   SJUD    
   97-05-07  S  PLACED ON CALENDAR ORDER OF 2ND READING  97-05-08              
   97-05-13  S  FILED WITH SECRETARY                                           
   97-05-13  S                             AMENDMENT NO. 01-CULLERTON          
   97-05-13  S                     AMENDMENT REFERRED TO SRUL                  
   97-05-15  S  SECOND READING                                                 
   97-05-15  S  PLACED ON CALENDAR ORDER OF 3RD READING  97-05-16              
   97-05-15  S                             AMENDMENT NO. 01-CULLERTON          
   97-05-15  S                           RULES REFERS TO SJUD                  
   97-05-16  S                             AMENDMENT NO. 01-CULLERTON          
   97-05-16  S                         HELD IN COMMITTEE SJUD                  
   97-05-16  S  CALENDAR ORDER OF 3RD READING            97-05-16              
   97-07-02  S  REFER TO RULES/PURSUANT SEN RULE 3-9 (B) RULES         SRUL    
   97-07-02  S  TABLED PURSUANT TO RULE                  5-4(A) SA 01          
   97-07-02  S                   COMMITTEE               RULES                 
   98-04-29  S  APPROVED FOR CONSIDERATION               SRUL          SRUL    
   98-04-29  S  PLACED ON CALENDAR ORDER OF 3RD READING  98-04-30              
   98-04-29  S  ADDED AS A CHIEF CO-SPONSOR              DILLARD               
   98-04-30  H  PRIMARY SPONSOR CHANGED TO               DART                  
   98-05-05  S  FILED WITH SECRETARY                                           
   98-05-05  S                             AMENDMENT NO. 02-CULLERTON          
   98-05-05  S                                           -DILLARD              
   98-05-05  S                                           -HAWKINSON            
   98-05-05  S                     AMENDMENT REFERRED TO SRUL                  
   98-05-06  S                             AMENDMENT NO. 02-CULLERTON          
   98-05-06  S                                           -DILLARD              
   98-05-06  S                                           -HAWKINSON            
   98-05-06  S                           RULES REFERS TO SJUD                  
   98-05-14  S                             AMENDMENT NO. 02-CULLERTON          
   98-05-14  S                                           -DILLARD              
   98-05-14  S                                           -HAWKINSON            
   98-05-14  S                                BE ADOPTED SJUD/009-000-000      
   98-05-14  S  RECALLED TO SECOND READING                                     
   98-05-14  S                             AMENDMENT NO. 02-CULLERTON          
   98-05-14  S                                           -DILLARD              
   98-05-14  S                                           -HAWKINSON            
   98-05-14  S                                   ADOPTED                       
   98-05-14  S  PLACED ON CALENDAR ORDER OF 3RD READING                        
   98-05-14  S  THIRD READING - PASSED                   055-000-001           
   98-05-14  H  ARRIVE IN HOUSE                                                
   98-05-14  H  ADDED AS A JOINT SPONSOR                 SAVIANO               
   98-05-14  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  02                    
   98-05-15  H  MOTION FILED CONCUR                      02/DART               
   98-05-15  H                        MOTION REFERRED TO HRUL                  
   98-05-15  H  CALENDAR ORDER OF CONCURRENCE            02                    
   98-05-18  H  ADDED AS A CO-SPONSOR                    HOFFMAN               
   98-05-19  H                           RULES REFERS TO HJUA                  
   98-05-19  H  CALENDAR ORDER OF CONCURRENCE            02                    
   98-05-20  H  APPROVED FOR CONSIDERATION - COMPLIANCE  02/010-000-000        
   98-05-20  H  ADDED AS A CO-SPONSOR                    SCHOENBERG            
   98-05-20  H  ADDED AS A CO-SPONSOR                    GASH                  
   98-05-20  H  HSE CONCURS IN SEN AMENDMENTS (NO.)      02/114-001-000        
   98-05-20  H  PASSED BOTH HOUSES                                             
   98-06-18  H  SENT TO THE GOVERNOR                                           
   98-08-14  H  GOVERNOR AMENDATORY VETO                                       
   98-08-14  H  PLACED CALENDAR AMENDATORY VETO          NOVEMBER 17, 1998     
   98-11-13  H  MOTION FILED OVERRIDE AMENDATORY VETO    #1/DART               
   98-11-13  H  PLACED CALENDAR AMENDATORY VETO          NOVEMBER 17, 1998     
   98-11-17  H                         3/5 VOTE REQUIRED                       
   98-11-17  H  OVERRIDE AMENDATORY VETO - HOUSE PASSED  085-030-000           
   98-11-19  S  PLACED CALENDAR AMENDATORY VETO          DECEMBER 1, 1998      
   98-11-19  S  MOTION FILED OVERRIDE AMENDATORY VETO    CULLERTON             
   98-12-02  S                         3/5 VOTE REQUIRED                       
   98-12-02  S  OVERRIDE AMENDATORY VETO - SENATE PASSED 054-002-000           
   98-12-02  H  AMENDATORY VETO OVERRIDDEN BOTH HOUSES                         
   98-12-04  H  FILED WITHOUT SIGNATURE                                        
   98-12-04  H                            EFFECTIVE DATE 98-12-02              
   98-12-04  H  PUBLIC ACT.............................. 90-0805               

   END OF INQUIRY 



 Full Text  Bill Summary