90th General Assembly
Summary of HB1151
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House Sponsors:
DART-SAVIANO-HOFFMAN-SCHOENBERG-GASH.

Senate Sponsors:
CULLERTON-DILLARD

Short description: 
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       
          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.        
 
Last action on Bill: PUBLIC ACT.............................. 90-0805

   Last action date: 98-12-04

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   1


   END OF INQUIRY 



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