Senate Bill 275 background

Senate Bill 275, under postponed consideration on the House floor, addresses a public policy problem unique to Illinois without imposing expensive obligations on local governments.

Since 1998, the vast majority of local efforts to improve on-road bicycle safety in Illinois have been stifled, because of the municipal liability disincentive resulting from the Illinois Supreme Court's Boub v. Wayne decision. Bicycle groups have struggled in previous attempts to legislatively fix the situation, but its powerful and widespread impact demands persistence. Here is a list of some examples that we've witnessed.

Local government groups were very opposed to the original language of SB275 (and House Bill 1248), believing it would make them liable for: 1) upgrading and retrofitting all roadways to bicycle standards; and 2) minor surface defects that would only be harmful only to a bicycle. It is important to know that these concerns have specifically been addressed in the amended language of May 31:

"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 law and the prohibition is indicated by appropriate signage. This subsection (b) does not create liability for any public entity for the failure to remedy any surface condition of a public right-of-way that is not hazardous to a motor vehicle even though it may be hazardous to a person riding a bicycle. Except as expressly provided by law, this subsection (b) does not impose an obligation to upgrade, widen, or reengineer existing public right-of-ways for use by bicyclists, or to impose an obligation to maintain streets and highways to a higher standard for bicyclists."

Our goal is not to impose the extra costs of new maintenance standards, road requirements, or special liability protection. We simply want to return to where we were before 1998 (and where other states are): no more than the existing level of protection given to other road users - and the elimination of the liability disincentive that dissuades safety-conscious towns. This is not new and uncharted territory. History in pre-Boub Illinois and in other states has shown the liability exposure to be negligible.

The amended language is the product of very active negotiations between bicycle organizations, local government groups, and the Illinois Trial Lawyers Association. It is our closest compromise language to date. All parties have given something up to get here. No one is entirely happy with the result but all parties seem willing to move a little to finally resolve this issue. We believe the removal of the disincentive to bikeway designation is achieved within a reasonable local government burden for cyclist's safety.

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