State of Illinois
92nd General Assembly
Legislation

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92_SB1327

 
                                               LRB9202714DJgc

 1        AN ACT in relation to civil immunities.

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

 4        Section  5.  The  Local  Governmental  and   Governmental
 5    Employees  Tort  Immunity Act is amended by changing Sections
 6    3-107 and 3-109 as follows:

 7        (745 ILCS 10/3-107) (from Ch. 85, par. 3-107)
 8        Sec. 3-107. Neither a local public entity  nor  a  public
 9    employee  is  liable  for an injury caused by a condition of:
10    (a) Any road which provides access to  fishing,  hunting,  or
11    primitive camping, recreational, or scenic areas and which is
12    not  a  (1) city, town or village street (2) county, state or
13    federal highway or (3) a  township  or  other  road  district
14    highway.  (b) Any hiking, riding, fishing or hunting trail or
15    shoreline revetment.
16    (Source: Laws 1965, p. 2983.)

17        (745 ILCS 10/3-109) (from Ch. 85, par. 3-109)
18        Sec. 3-109.  (a) Neither a  local  public  entity  nor  a
19    public employee is liable to any person who participates in a
20    hazardous  recreational  activity,  including  any person who
21    assists the participant, or to  any  spectator  who  knew  or
22    reasonably  should have known that the hazardous recreational
23    activity created a substantial risk of injury to  himself  or
24    herself  and  was voluntarily in the place of risk, or having
25    the ability to do so failed  to  leave,  for  any  damage  or
26    injury  to  property or persons arising out of that hazardous
27    recreational activity.
28        (b)  As used in  this  Section,  "hazardous  recreational
29    activity" means a recreational activity conducted on property
30    of  a  local  public  entity  which creates a substantial (as
 
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 1    distinguished from a minor, trivial, or  insignificant)  risk
 2    of injury to a participant or a spectator.
 3        "Hazardous recreational activity" also means:
 4             (1)  Water  contact  activities,  except  diving, in
 5        places where  or  at  a  time  when  lifeguards  are  not
 6        provided and reasonable warning thereof has been given or
 7        the injured party should reasonably have known that there
 8        was no lifeguard provided at the time.
 9             (2)  Diving at any place or from any structure where
10        diving  is  prohibited  and  reasonable warning as to the
11        specific dangers present has been given.
12             (3)  Animal  racing,  archery,  bicycle  racing   or
13        jumping,  off-trail bicycling, boat racing, cross-country
14        and downhill skiing, sledding, tobogganing, participating
15        in an equine activity as defined in the  Equine  Activity
16        Liability  Act, hang gliding, kayaking, motorized vehicle
17        racing, off-road motorcycling or  four-wheel  driving  of
18        any  kind,  orienteering, pistol and rifle shooting, rock
19        climbing, rocketeering, rodeo,  spelunking,  sky  diving,
20        skateboarding,  sport  parachuting,  body  contact sports
21        (i.e., sports in which it is reasonably foreseeable  that
22        there  will  be  rough  bodily  contact  with one or more
23        participants), surfing, trampolining, tree climbing, tree
24        rope swinging where the person or persons furnished their
25        own rope, water skiing, white  water  rafting,  and  wind
26        surfing.
27        (c)  Notwithstanding  the  provisions  of subsection (a),
28    this Section does not limit liability which  would  otherwise
29    exist for any of the following:
30             (1)  Failure  of  the  local public entity or public
31        employee to guard or warn of  a  dangerous  condition  of
32        which  it  has actual or constructive notice and of which
33        the participant does  not  have  nor  can  be  reasonably
34        expected to have had notice.
 
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 1             (2)  An  act  of  willful  and  wanton  conduct by a
 2        public entity or a public employee which is  a  proximate
 3        cause of the injury.
 4        Nothing  in  this  subsection  creates  a duty of care or
 5    basis of liability for  personal  injury  or  for  damage  to
 6    personal property.
 7        (d)  Nothing in this Section shall limit the liability of
 8    an  independent concessionaire, or any person or organization
 9    other than  the  local  public  entity  or  public  employee,
10    whether  or  not the person or organization has a contractual
11    relationship  with  the  public  entity  to  use  the  public
12    property, for injuries or damages suffered in any case  as  a
13    result  of the operation of a hazardous recreational activity
14    on  public  property  by  the  concessionaire,   person,   or
15    organization.
16    (Source: P.A. 89-111, eff. 7-7-95; 89-502, eff. 6-28-96.)

17        Section  99.  Effective date.  This Act takes effect upon
18    becoming law.

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