Bill Text: IL HB5316 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that in the counties of Ogle, Rock Island, Whiteside, and Winnebago, a person riding a bicycle is an intended and permitted user of any highway in Illinois except for a highway on which bicycle use has been specifically prohibited by law and the prohibition is indicated by appropriate signage. Provides that the new language does not create liability for any public entity for the failure to remedy any surface condition of a highway that caused injury to a person riding a bicycle if that surface condition is not hazardous to a passenger car. Provides that, except as expressly provided by law, the new language does not impose an obligation to further improve existing highways or to maintain them to a higher standard for bicyclists. Provides that the new provisions are repealed 3 years after the effective date of the amendatory Act. Effective immediately.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5316 Detail]

Download: Illinois-2011-HB5316-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB5316 Introduced , by Rep. Dave Winters SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-1502.5 new
Amends the Illinois Vehicle Code. Provides that in the counties of Ogle, Rock Island, Whiteside, and Winnebago, a person riding a bicycle is an intended and permitted user of any highway in Illinois except for a highway on which bicycle use has been specifically prohibited by law and the prohibition is indicated by appropriate signage. Provides that the new language does not create liability for any public entity for the failure to remedy any surface condition of a highway that caused injury to a person riding a bicycle if that surface condition is not hazardous to a passenger car. Provides that, except as expressly provided by law, the new language does not impose an obligation to further improve existing highways or to maintain them to a higher standard for bicyclists. Provides that the new provisions are repealed 3 years after the effective date of the amendatory Act. Effective immediately.
LRB097 18579 HEP 63811 b
A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by adding
Section 11-1502.5 as follows:
(625 ILCS 5/11-1502.5 new)
Sec. 11-1502.5. Bicycles on streets or highways.
(a) 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 a local public entity and the prohibition is
indicated by appropriate signage.
(b) No public entity shall be liable under this Section for
failure to remedy any surface condition of a highway that
caused injury to a person riding a bicycle if that surface
condition is not hazardous to a passenger car. The following
surface conditions shall not create liability for a public
entity unless the condition would be hazardous to a passenger
car:
(1) irregular surfaces;
(2) pavement stress cracks;
(3) speed bumps and curbs;
(4) expansion joints;

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(5) accumulations of gravel, dirt, ice, snow, and water
on road and shoulder surfaces;
(6) existing sewer grates, manholes, and drain covers
unless missing; and
(7) inadequate artificial lighting of the roadway.
(c) Except as expressly provided by law, this Section shall
not impose an obligation to upgrade, widen, or reengineer
existing highways for use by bicyclists, or to install or
upgrade lighting or signage or pavement markings, and does not
impose an obligation to maintain streets and highways to a
higher standard for bicyclists.
(d) This Section applies only to the counties of Ogle, Rock
Island, Whiteside, and Winnebago.
(e) This Section is repealed 3 years after the effective
date of this amendatory Act of the 97th General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.