TORT IMMUNITY-PUBLIC EMPLOYEES
Synopsis of Bill as introduced:
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
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.
Last action on Bill: PUBLIC ACT.............................. 90-0805
Last action date: 98-12-04
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 1
END OF INQUIRY
Full Text Bill Status