(220 ILCS 50/8) (from Ch. 111 2/3, par. 1608)
(Text of Section before amendment by P.A. 103-614)
Sec. 8.
Liability or financial responsibility.
(a) Nothing in this Act shall be deemed to affect or determine
the financial responsibility for any operation under this Act or liability
of any person for any damages that occur unless specifically stated otherwise.
(b) Nothing in this Act shall be deemed to provide for liability or
financial
responsibility of the Department of Transportation, its officers and
employees concerning any underground utility facility or CATS facility
located on highway right-of-way by permit issued under the provisions of
Section 9-113 of the Illinois Highway Code.
It is not the intent of this Act to change any remedies in law regarding
the duty of providing lateral support.
(c) Neither the State-Wide One-Call Notice System nor any of its officers,
agents, or employees shall be liable for damages for injuries or death to
persons or damage to property caused by acts or omissions in the receipt,
recording, or transmission of locate requests or other information in the
performance of its duties as the State-Wide One-Call Notice System, unless the
act or omission was the result of willful and wanton misconduct.
(d) Any residential property owner who fails to comply with
any provision of this Act and damages underground utility facilities or CATS
facilities while engaging in excavation or demolition on such residential
property shall not be subject to a penalty under this Act, but shall be
liable for the damage caused to the owner or operator of the damaged
underground utility facilities or CATS facilities.
(Source: P.A. 92-179, eff. 7-1-02.)
(Text of Section after amendment by P.A. 103-614) Sec. 8. Liability or financial responsibility. (a) Nothing in this Act shall be deemed to affect or determine the financial responsibility for any operation under this Act or liability of any entity or individual for any damages that occur unless specifically stated otherwise. (b) Nothing in this Act shall be deemed to provide for liability or financial responsibility of the Department of Transportation, its officers and employees concerning any facility located on highway right-of-way by permit issued under the provisions of Section 9-113 of the Illinois Highway Code. It is not the intent of this Act to change any remedies in law regarding the duty of providing lateral support. (c) Neither JULIE nor any of its officers, agents, or employees shall be liable for damages for injuries or death to persons or damage to property caused by acts or omissions in the receipt, recording, or transmission of notices or other information in the performance of its duties as JULIE, unless the act or omission was the result of willful and wanton misconduct. (d) Any residential property owner who fails to comply with any provision of this Act and damages facilities while engaging in excavation or demolition on such residential property shall not be subject to a penalty under this Act, but shall be liable for the damage caused to the underground utility facility owners or operators.(Source: P.A. 103-614, eff. 1-1-25.)
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