Latest Boub legislation status

May 1, 2006. Boub Legislation Fails

House Bill 4907, this year's attempt to fix the negative impacts of Illinois' 1998 Boub v. Wayne court decision, has died. Prospects for a legislative solution in the short term future do not look promising, but the issue remains a priority for both LIB and our partner, the Chicagoland Bicycle Federation.

It was clear that there was less political support than even last year. This, despite the unprecedented advantage of having a bill written and strongly advocated by a local government (Village of Skokie) and supported by a local government group (Northwest Municipal Conference). Unfortunately, other local governments did not agree with Skokie's motivation of good public policy and inoculating against a possible Boub overturn in the future.

Ironically, the "Bicycle-Friendly Community" of Chicago was one of a number of key obstacles that could not be overcome. Thank you to members who contacted Mayor Daley prior to our meeting with City staff, and to those who made other calls this year.

For the time being, we will increase efforts of challenging those risk-averse agencies swayed by the "Boub disincentive" to look more carefully at their decision-making process when considering on-road bike lanes and routes. And we will continue to look for an opportunity for a legislative or judicial solution.

February 3, 2006. HB4907 introduced by Village of Skokie

The Village of Skokie has written its own language to clarify and resolve the Boub situation, and this language is supported by the League of Illinois Bicyclists and the Chicagoland Bicycle Federation. The proposed bill - House Bill 4907 - was supported by a 24-4 vote of the Northwest Municipal Conference after an in-depth examination of what the bill really says. The bill is slated to be heard by the House Local Government committee. See our analysis and the bill language for more.

May 03, 2005. HB2390 was DEFEATED

Bad news from Springfield this afternoon. Our Boub bill, House Bill 2390, was defeated in the Senate Local Government committee. It had previously squeaked by in the House 60-55.

Senators Link, Maloney, and Crotty voted Yes, but Dahl, DeLeo, Risinger, Althoff, W. Jones, Sandoval, and Wilhelmi all voted No. Opposition from the City of Chicago was crucial, in placement of the bill into a difficult committee, in conversion of a Yes vote, and in extremely powerful testimony by one of its lead attorneys. Other local government groups showed up in full force. They obviously had been very busy in scaring up opposition to the bill from municipal and township officials from around the state. And, as has been the norm, we have serious problems with the accuracy of the claims made in their testimony and elsewhere.

Thanks very much to all of you who spent time helping us in this effort. Once again, we must re-group and consider the next steps to this crucial issue for Illinois bicycling.

April 15, 2005. HB2390 PASSED!!

HB2390 PASSED with 60 votes (60 is the minimum for passage). The bill now moves to the Senate.

April 14, 2005. HB2390 is on "postponed consideration"

HB2390 is on "postponed consideration" as of April 14, after a "verification" of our 60 Yes votes failed (60 is the minimum for passage). The bill may still be re-called by Friday night, April 15^th.

April 12, 2005. HB2390 passes committee

HB2390 received an extension and was heard in Judiciary committee this morning. The bill passed 9-5. A close vote is expected on the House floor later this week, as the deadline to pass the House is April 15.

March 24, 2005. Negotiations continue in the House

HB2390 missed its original committee deadline as several additional parties became involved in the bill negotiations. The December language will be part of either an extended HB2390 or an addition to another undetermined bill. The latest summary sheet is here.

February 16, 2005. HB 2390 introduced with new language

Led by Rep. Elaine Nekritz, new wording was developed during negotiation sessions in December 2004. The wording was introduced in the new legislative session as House Bill 2390.

May 10, 2004. Efforts to pass SB 275 continue

The effort to pass Illinois Senate Bill 275 continues this spring. House sponsor Rep. Elaine Nekritz is leading negotiations to bring Illinois on-road bicycle policy back in step with every other state in the country, while addressing the concerns of local governments and other interested parties.

November 19, 2003. Boub legislation not called in veto session

Unfortunately, Illinois Senate Bill 275 did not get called during November's "veto session" in Springfield. The large number of bills made it extremely difficult to get precious legislative time during this short session. Thanks to all who worked with us on this bill. We must now wait until spring in our effort to regain a reasonable level of liability protection for on-road cyclists, AND remove the 5-year-old liability disincentive to add bike lanes, sign bike routes (such as the Grand Illinois Trail), and make other on-road bike improvements (see examples of the effects)

May 31, 2003. Boub Legislation Narrowly Fails in Spring Session

So close...

On May 31, 2003, the last day of the spring legislative session in Springfield, Senate Bill 275 was not able to pass the House. Consideration of the bill has been postponed, hopefully to this fall's veto session. We must continue until this issue is resolved.

SB275 would remove the powerful liability disincentive for towns to add bike lanes, signage, and other on-road safety improvements. This court-induced policy has plagued bicycling statewide since the Boub v. Wayne decision in 1998 (see a list of some effects), and we're the only state in this situation.

SB275 would also restore liability protection for on-road cyclists injured because of a road condition. Currently, cyclists have no protection on roads, except those roads with some bikeway indication - like bike lanes and signage.

The SB275 language that previously passed the Senate 47-10 was opposed by key forces in the House - meaning the bill would most likely not be called for a vote. So, after intense negotiations in May, bill sponsor Rep. Nekritz introduced a new amendment.

The amendment restores "intended user" status and some liability protection to cyclists, while specifically addressing significant local government concerns about minor road defects and the need to retrofit all roads.

After a long debate on the House floor, the amendment was approved 58-55-2 - a simple majority was required. However, 60 votes were required to pass the full bill. At first, the roll call was 60-53-1, but when a vote verification was requested, 2 of the Yes votes were absent. Without the 60 votes, the bill could not pass. Rep. Nekritz was granted a postponement for consideration.

So close. We now look forward to the fall veto session. Thanks to all who have continued to support this bill.

Find out more on SB275