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91_SB1930
LRB9111970STsb
1 AN ACT to amend the Local Governmental and Governmental
2 Employees Tort Immunity Act.
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 adding Section 3-
7 106.5 as follows:
8 (745 ILCS 10/3-106.5 new)
9 Sec. 3-106.5. Injury to bicyclists. A local public
10 entity is not immune under this Article for an injury to a
11 bicyclist who is using any portion or segment of a street or
12 highway on which bicyclists are permitted to ride under
13 applicable law or local ordinance if (i) that injury is
14 caused by a condition that is not reasonably safe for use by
15 motor vehicles in the exercise of ordinary care and (ii) the
16 local public entity has actual or constructive notice of the
17 existence of that condition in reasonably adequate time prior
18 to an injury to have taken measures to remedy or protect
19 against that condition. Neither a local public entity nor a
20 public employee, however, is liable for an injury to a
21 bicyclist who is using any portion or segment of a street or
22 highway that is designated as a bicycle lane or bicycle route
23 unless the local public entity or public employee is guilty
24 of willful and wanton conduct.
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.