Illinois 94th Regular Session Status: Passed House

HB 2390 — VEH CD-BICYCLES-TORT LIABILITY

Last action — Session Sine Die

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 94th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Illinois Vehicle Code. Provides that 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 is hazardous 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.

Bill Text

What changed in the latest version

16 added · 36 removed

Plain-language change summary

The amendments to Bill HB 2390 clarify that local public entities are not liable for injuries to cyclists caused by certain road conditions, like cracks or speed bumps, as long as these conditions do not pose a hazard to regular passenger cars. This change emphasizes that public entities aren't required to maintain or improve roadways specifically for bicycles, which could impact the safety and rights of cyclists. Essentially, the bill limits the responsibility of local governments regarding roadway conditions that might affect cyclists, which raises concerns about cyclist safety on those roads.

→
Previous
Latest
*LRB09407041DRH41113b* HB2390 94TH GENERAL ASSEMBLY State of Illinois and 2006 HB2390 Introduced 02/16/05, by Rep.
HB2390 Engrossed LRB094 07041 DRH 41113 b AN ACT in relation to bicycles.
Elaine Nekritz SYNOPSIS AS INTRODUCED:
ILCS 5/11-1502 from Ch.
95 1/2, par.
11-1502 Amends the Illinois Vehicle Code.
Provides that a person riding a for a highway on which bicycle use has been specifically prohibited by lawt 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 is hazardous 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.
LRB094 07041 DRH 41113 b A BILL FOR HB2390 LRB094 07041 DRH 41113 b AN ACT in relation to bicycles.
(b)(1) 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 unit of government and the prohibition is indicated by appropriate signage.
(b)(1) 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.
(2) No public entity shall be liable under this subsection (b) for failure to remedy any surface condition of a highway that is hazardous to said person riding a bicycle if that surface condition is not hazardous to a passenger car.
(2) No public entity shall be liable under this subsection (b) 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 is such that it would be 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:
(F) sewer grates, manholes, and drain covers except for the absence therein;
(F) existing sewer grates, manholes, and drain covers unless missing;
(3) Except as expressly provided by law, this subsection HB2390 - 2 - LRB094 07041 DRH 41113 b (b) shall not impose an obligation to upgrade, widen, or reengineer existing highways for use by bicyclists, or to install or upgrade lighting and/or signage or pavement markings, and does not impose an obligation to maintain streets and highways to a higher standard for bicyclists.
(3) Except as expressly provided by law, this subsection HB2390 Engrossed - 2 - LRB094 07041 DRH 41113 b (b) 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.
⬇ Download PDF
View plain text versions (2)

Action History

  1. Session Sine Die

  2. Rule 3-9(a) / Re-referred to Rules

  3. Added as Alternate Chief Co-Sponsor Sen. Susan Garrett

  4. Held in Local Government

  5. Assigned to Local Government

  6. Referred to Rules

  7. First Reading

  8. Chief Senate Sponsor Sen. John J. Cullerton

  9. Placed on Calendar Order of First Reading April 19, 2005

  10. Arrive in Senate

  11. Third Reading - Short Debate - Passed 060-055-000

  12. Verified

  13. Placed on Calendar - Consideration Postponed

  14. Consideration Postponed

  15. Added Co-Sponsor Rep. Arthur L. Turner

  16. Added Co-Sponsor Rep. Barbara Flynn Currie

  17. Removed Co-Sponsor Rep. John D'Amico

  18. Placed on Calendar Order of 3rd Reading - Short Debate

  19. Second Reading - Short Debate

  20. Placed on Calendar 2nd Reading - Short Debate

  21. Do Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 009-005-000

  22. House Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote

  23. House Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee

  24. Assigned to Judiciary I - Civil Law Committee

  25. Rule 19(a) / Re-referred to Rules Committee

  26. Committee Deadline Extended-Rule 9(b) March 17, 2005

  27. Added Co-Sponsor Rep. John D'Amico

  28. Added Co-Sponsor Rep. Harry Osterman

  29. Added Co-Sponsor Rep. Linda Chapa LaVia

  30. Added Co-Sponsor Rep. Sara Feigenholtz

  31. Added Co-Sponsor Rep. Patricia Bailey

  32. Added Co-Sponsor Rep. Joseph M. Lyons

  33. Added Chief Co-Sponsor Rep. Karen May

  34. Added Chief Co-Sponsor Rep. Elizabeth Coulson

  35. Added Chief Co-Sponsor Rep. Julie Hamos

  36. Added Chief Co-Sponsor Rep. Randall M. Hultgren

  37. Assigned to Executive Committee

  38. Referred to Rules Committee

  39. First Reading

  40. Filed with the Clerk by Rep. Elaine Nekritz

Sponsors

  • Elaine Nekritz · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on · 4 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • Elaine Nekritz

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 60 Yea · 55 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 525103
Democrat 7200
Republican 1200
Total 605503
% of votes cast 51%47%0%3%
How each member voted (118)
Member Party Vote
Sacia — Nay
Saviano — Yea
Schmitz — Nay
Schock — Nay
Leitch — Nay
Acevedo — Yea
Bassi — Nay
Mathias — Nay
Beaubien — Nay
Beiser — Nay
Bellock — Yea
Berrios — Yea
Mautino — Nay
Biggins — Nay
Black — Nay
Boland — Nay
May — Yea
Bost — Nay
Brosnahan — Yea
Brauer — Nay
Mendoza — Yea
Coulson — Yea
Flowers — Yea
Froehlich — Yea
Hamos — Yea
Nekritz — Yea
Jakobsson — Yea
Jefferson — Yea
Kosel — Nay
Lang — Yea
Bailey — Yea
Lyons, Eileen — Yea
McAuliffe — Yea
Lyons, Joseph — Yea
McCarthy — Yea
Molaro — Yea
Mulligan — Yea
Scully — Yea
Soto — Yea
McGuire — Yea
Turner — Yea
Bradley, John — Yea
Brady — Yea
Washington — Yea
Burke — Yea
Howard — Yea
Chavez — Yea
Colvin — Yea
Dunn — Yea
Franks — Yea
Fritchey — Yea
Giles — Yea
Graham — Yea
Hultgren — Yea
Jones — Yea
Krause — Yea
Davis, Monique — Yea
Lindner — Nay
Madigan — Yea
McKeon — Not Voting
Meyer — Nay
Reitz — Nay
Millner — Nay
Moffitt — Nay
Munson — Nay
Myers — Nay
Osmond — Nay
Parke — Nay
Phelps — Nay
Bradley, Richard — Nay
Sommer — Nay
Tenhouse — Nay
Mitchell, Bill — Nay
Hannig — Nay
Sullivan — Nay
Tryon — Nay
Verschoore — Nay
Wait — Nay
Winters — Yea
Watson — Nay
Yarbrough — Not Voting
Younge — Yea
Mitchell, Jerry — Not Voting
Churchill — Nay
Cross — Nay
Cultra — Nay
Currie — Yea
D'Amico — Nay
Daniels — Yea
Dugan — Nay
Dunkin — Nay
Eddy — Nay
Flider — Nay
Gordon — Nay
Granberg — Nay
Hassert — Nay
Holbrook — Nay
Jenisch — Yea
Osterman — Yea
Patterson — Nay
Pihos — Yea
Poe — Nay
Pritchard — Nay
Reis — Nay
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Nay
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Nay
Brad Stephens Republican Nay
Chapin Rose Republican Nay
Chris Miller Republican Yea

Official roll call →

Subjects

public-safety transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 2390 do?
Amends the Illinois Vehicle Code. Provides that 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 is hazardous 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.
Who sponsors HB 2390?
HB 2390 is sponsored by Elaine Nekritz.
What is the current status of HB 2390?
This bill died with 94th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2390?
Track HB 2390 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 2390

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 2390

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →