HB3213 103RD GENERAL ASSEMBLY

LRB103 28281 LNS 54660 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3213

Introduced 2/17/2023, by Rep. Tony M. McCombie

SYNOPSIS AS INTRODUCED:

New Act

Creates the Public Duty Rule Codification Act. Contains legislative findings and a statement of legislative purpose. Provides that a local governmental entity and its employees owe a duty of care to the public at large, therefore it does not owe a duty of care to individual members of the public to provide governmental services.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Public Duty Rule Codification Act.

Section 5. Findings; purpose.

(a) The General Assembly finds:

(1) On January 22, 2016, the Illinois Supreme Court, in Coleman v. East Joliet Fire Protection District, 2016 IL 117952, abolished the public duty rule.

(2) The public duty rule is an important doctrine that is grounded in the principle that the duty of a local governmental entity to preserve the well-being of the community is owed to the public at large rather than to specific members of the community.

(b) It is the purpose of this Act to codify the public duty rule.

Section 10. Public duty rule. A local governmental entity and its employees owe a duty of care to the public at large, therefore it does not owe a duty of care to individual members of the public to provide governmental services.