92nd General Assembly
Summary of SB1014
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Short description: 
LOC GOV TORT IMMUNITY-BICYCLES                                             

Synopsis of Bill as introduced:
        Amends the Local Governmental  and  Governmental  Employees  Tort      
   Immunity  Act. Provides that local public entities are not immune from      
   tort liability for injuries to bicyclists who  are  lawfully  using  a      
   road  and  who  are  injured  as the result of a condition that is not      
   reasonably safe for motor vehicles and that the entity knew about  and      
   had time to correct. Provides that these entities and public employees      
   are immune when the bicyclist is injured while using a bicycle lane or      
   bicycle route unless the entity's or employee's conduct is willful and      
   wanton. Effective immediately.                                              
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          745 ILCS 10/3-106.5 new                                              
          Adds reference to:                                                   
          625 ILCS 5/11-1502              from Ch. 95 1/2, par. 11-1502        
          745 ILCS 10/3-111 new                                                
        Deletes the title  and  everything  after  the  enacting  clause.      
   Amends  the  Illinois  Vehicle  Code.  Provides that a person riding a      
   bicycle is an intended and permitted user of any street or highway  in      
   Illinois  except for a street or highway on which bicycle use has been      
   specifically prohibited by law. Provides that this provision does  not      
   create  liability  for any public entity for the failure to remedy any      
   surface condition of a public right-of-way that is not hazardous to  a      
   motor  vehicle  even  though  it may be hazardous to a person riding a      
   bicycle. Provides that except  as  expressly  provided  by  law,  this      
   provision   does  not  impose  an  obligation  to  upgrade,  widen, or      
   reengineer existing public right-of-ways for use by bicyclists, or  to      
   impose  an  obligation  to  maintain  streets and highways to a higher      
   standard  for  bicyclists.   Amends   the   Local   Governmental   and      
   Governmental  Employees  Tort  Immunity  Act.  Provides  that  a local      
   public entity or  a public employee is not liable for any injury to  a      
   bicyclist if the liability is based on the existence of a condition of      
   a segment or portion of a street or highway that has been improved for      
   bicycle  use  unless  the  local  public  entity or public employee is      
   guilty of  willful  and  wanton  misconduct  proximately  causing  the      
   injury.  Effective immediately.                                             
        HOUSE AMENDMENT NO. 1.                                                 
        Deletes everything. Amends the Illinois Vehicle Code by making a       
   technical change in provisions relating to bicycles. Amends the Local       
   Governmental and Governmental Employees Tort Immunity Act by adding a       
   new Section containing only a heading relating to bicycles.                 
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: Senate

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


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