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92_HB2138ham001
LRB9205929JSpram
1 AMENDMENT TO HOUSE BILL 2138
2 AMENDMENT NO. . Amend House Bill 2138 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Illinois Underground Utility Facilities
5 Damage Prevention Act is amended by changing Sections 2, 2.2,
6 2.3, 4, 5, 6, 7, 8, 10, 11, 13, and 14 and adding Sections
7 2.6 and 2.7 as follows:
8 (220 ILCS 50/2) (from Ch. 111 2/3, par. 1602)
9 Sec. 2. Definitions. As used in this Act, unless the
10 context clearly otherwise requires, the terms specified in
11 Sections 2.1 through 2.7 2.5 have the meanings ascribed to
12 them in those Sections.
13 (Source: P.A. 86-674.)
14 (220 ILCS 50/2.2) (from Ch. 111 2/3, par. 1602.2)
15 Sec. 2.2. Underground utility facilities. "Underground
16 utility facilities" or "facilities" means and includes wires,
17 ducts, fiber optic cable, conduits, pipes, sewers, and cables
18 and their connected appurtenances installed beneath the
19 surface of the ground by a public utility (as is defined in
20 the Illinois Public Utilities Act, as amended), or by a
21 municipally owned or mutually owned utility providing a
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1 similar utility service, except an electric cooperative as
2 defined in the Illinois Public Utilities Act, as amended, or
3 by a pipeline entity transporting gases, crude oil, petroleum
4 products, or other hydrocarbon materials within the State or
5 by a telecommunications carrier as defined in the Universal
6 Telephone Service Protection Law of 1985, or by a company
7 described in Section 1 of "An Act relating to the powers,
8 duties and property of telephone companies", approved May 16,
9 1903, as amended, or by a community antenna television
10 system, hereinafter referred to as "CATS", as defined in the
11 Illinois Municipal Code, as amended.
12 (Source: P.A. 86-674.)
13 (220 ILCS 50/2.3) (from Ch. 111 2/3, par. 1602.3)
14 Sec. 2.3. Excavation. "Excavation" means any operation
15 in which earth, rock, or other material in or on the ground
16 is moved, removed, or otherwise displaced by means of any
17 tools, power equipment or explosives, and includes, without
18 limitation, grading, trenching, digging, ditching, drilling,
19 augering, boring, tunneling, scraping, cable or pipe plowing,
20 and driving but does not include farm tillage operations or
21 railroad right-of-way maintenance or operations or coal
22 mining operations regulated under the Federal Surface Mining
23 Control and Reclamation Act of 1977 or any State law or rules
24 or regulations adopted under the federal statute, or land
25 surveying operations as defined in the Illinois Professional
26 Land Surveyor Act of 1989 when not using power equipment.
27 (Source: P.A. 86-674; 86-1195; 87-125.)
28 (220 ILCS 50/2.6 new)
29 Sec. 2.6. Emergency locate request. "Emergency locate
30 request" means a locate request for any condition
31 constituting a clear and present danger to life, health, or
32 property, or a utility service outage, and which requires
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1 immediate repair or action.
2 (220 ILCS 50/2.7 new)
3 Sec. 2.7. Tolerance zone. "Tolerance zone" means the
4 approximate location of underground utility facilities or
5 CATS facilities defined as a strip of land at least 3 feet
6 wide, but not wider than the width of the underground
7 facility or CATS facility plus 1-1/2 feet on either side of
8 such facility. Excavation within the tolerance zone requires
9 extra care and precaution including, but not limited to, as
10 set forth in Section 4.
11 (220 ILCS 50/4) (from Ch. 111 2/3, par. 1604)
12 Sec. 4. Required activities. Every person who engages
13 in nonemergency excavation or demolition shall:
14 (a) take reasonable action to inform himself of the
15 location of any underground utility facilities or CATS
16 facilities in and near the area for which such operation is
17 to be conducted;
18 (b) plan the excavation or demolition to avoid or
19 minimize interference with underground utility facilities or
20 CATS facilities within the tolerance zone by utilizing such
21 precautions that include, but are not limited to, hand
22 excavation, vacuum excavation methods, and visually
23 inspecting the excavation while in progress until clear of
24 the existing marked facility in and near the construction
25 area;
26 (c) if practical, use white paint, flags, stakes, or
27 both, to outline the dig site;
28 (d) (c) provide notice not more than 14 days nor less
29 than 48 hours (exclusive of Saturdays, Sundays and holidays)
30 in advance of the start of the excavation or demolition to
31 the owners or operators of the underground utility facilities
32 or CATS facilities in and near the excavation or demolition
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1 area through the State-Wide One-Call Notice System or, in the
2 case of nonemergency excavation or demolition within the
3 boundaries of a municipality of at least one million persons
4 which operates its own one-call notice system, through the
5 one-call notice system which operates in that municipality;
6 (e) (d) provide, during and following excavation or
7 demolition, such support for existing underground utility
8 facilities or CATS facilities in and near the excavation or
9 demolition area as may be reasonably necessary for the
10 protection of such facilities unless otherwise agreed to by
11 the owner or operator of the underground facility or CATS
12 facility; and
13 (f) (e) backfill all excavations in such manner and with
14 such materials as may be reasonably necessary for the
15 protection of existing underground utility facilities or CATS
16 facilities in and near the excavation or demolition area.
17 At a minimum, the notice required under clause (d) (c)
18 shall provide:
19 (1) the person's name, address, and (i) phone
20 number at which a person message can be reached and left
21 or (ii) fax number;
22 (2) the start date of the planned excavation or
23 demolition;
24 (3) the address at which the excavation or
25 demolition will take place; and
26 (4) the type and extent of the work involved; and.
27 (5) section/quarter sections when the above
28 information does not allow the State-Wide One-Call Notice
29 System to determine the appropriate geographic
30 section/quarter sections. This item (5) does not apply
31 to residential property owners.
32 (Source: P.A. 87-125; 88-578, effective date changed to
33 7-1-95 by P.A. 88-681.)
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1 (220 ILCS 50/5) (from Ch. 111 2/3, par. 1605)
2 Sec. 5. Notice of preconstruction conference. When the
3 Illinois Department of Transportation notifies an owner or
4 operator of an underground utility facility or CATS facility
5 that the Department will conduct a preconstruction conference
6 concerning new construction, reconstruction, or maintenance
7 of State highways in and near the area in which such owner or
8 operator has placed underground utility facilities, such
9 notification shall, except as otherwise provided in this
10 Section constitute compliance by the Department or its
11 contractors with paragraphs (a), (b), and (d) (c) of Section
12 4 of this Act. In instances when notification of a
13 preconstruction conference is provided to the owner or
14 operator of an underground utility facility or CATS facility
15 but no specific date is established at the preconstruction
16 conference for the new construction, reconstruction or
17 maintenance of State highways in and near the area in which
18 the owner or operator has placed underground utility
19 facilities or CATS facilities, then the Department or its
20 contractors shall later comply with paragraph (d) (c) of
21 Section 4 of this Act.
22 (Source: P.A. 86-674.)
23 (220 ILCS 50/6) (from Ch. 111 2/3, par. 1606)
24 Sec. 6. Emergency excavation or demolition.
25 (a) Every person who engages in emergency excavation or
26 demolition outside of the boundaries of a municipality of at
27 least one million persons which operates its own one-call
28 notice system shall take all reasonable precautions to avoid
29 or minimize interference between the emergency work and
30 existing underground utility facilities or CATS facilities in
31 and near the excavation or demolition area, through the
32 State-Wide One-Call Notice System, and shall notify, as far
33 in advance as possible, the owners or operators of such
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1 underground utility facilities or CATS facilities in and near
2 the emergency excavation or demolition area, through the
3 State-Wide One-Call Notice System. At a minimum, the notice
4 required under this subsection (a) shall provide:
5 (1) the person's name, address, and (i) phone
6 number at which a person can be reached and (ii) fax
7 number;
8 (2) the start date of the planned emergency
9 excavation or demolition;
10 (3) the address at which the excavation or
11 demolition will take place; and
12 (4) the type and extent of the work involved.
13 A 2-hour wait time exists after an emergency locate
14 notification request is made through the State-Wide One-Call
15 Notice System. If the conditions at the site dictate an
16 earlier start than the 2-hour wait time, it is the
17 responsibility of the excavator to demonstrate that site
18 conditions warranted this earlier start time.
19 (b) Every person who engages in emergency excavation or
20 demolition within the boundaries of a municipality of at
21 least one million persons which operates its own one-call
22 notice system shall take all reasonable precautions to avoid
23 or minimize interference between the emergency work and
24 existing underground utility facilities or CATS facilities in
25 and near the excavation or demolition area, through the
26 municipality's one-call notice system, and shall notify, as
27 far in advance as possible, the owners and operators of
28 underground utility facilities or CATS facilities in and near
29 the emergency excavation or demolition area, through the
30 municipality's one-call notice system.
31 (c) The reinstallation of traffic control devices shall
32 be deemed an emergency for purposes of this Section.
33 (Source: P.A. 86-674; 87-125.)
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1 (220 ILCS 50/7) (from Ch. 111 2/3, par. 1607)
2 Sec. 7. Damage or dislocation. In the event of any
3 damage to or dislocation of any underground utility
4 facilities or CATS facilities in connection with any
5 excavation or demolition, emergency or nonemergency, the
6 person responsible for the excavation or demolition
7 operations shall immediately notify the affected utility and
8 the State-Wide One-Call Notice System owner of such
9 facilities.
10 (Source: P.A. 86-674.)
11 (220 ILCS 50/8) (from Ch. 111 2/3, par. 1608)
12 Sec. 8. Liability or financial responsibility.
13 (a) Nothing in this Act shall be deemed to affect or
14 determine the financial responsibility for any operation
15 under this Act or liability of any person for any damages
16 that occur unless specifically stated otherwise.
17 (b) Nothing in this Act shall be deemed to provide for
18 liability or financial responsibility of the Department of
19 Transportation, its officers and employees concerning any
20 underground utility facility or CATS facility located on
21 highway right-of-way by permit issued under the provisions of
22 Section 9-113 of the Illinois Highway Code. It is not the
23 intent of this Act to change any remedies in law regarding
24 the duty of providing lateral support.
25 (c) Neither the State-Wide One-Call Notice System nor
26 any of its officers, agents, or employees shall be liable for
27 damages for injuries or death to persons or damage to
28 property caused by acts or omissions in the receipt,
29 recording, or transmission of locate requests or other
30 information in the performance of its duties as the
31 State-Wide One-Call Notice System, unless the act or omission
32 was the result of willful and wanton misconduct.
33 (d) A person owning, operating, or locating underground
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1 facilities or CATS facilities may voluntarily locate any
2 similar facility that is privately owned and attached to the
3 facility owner's or operator's system in the area of the
4 proposed excavation or demolition at the request of the owner
5 of the facility. If the locating is done at the request of
6 the owner of the facility without charge or fee and the
7 facility is mismarked and damaged, the person owning,
8 operating, or locating the underground utility facilities or
9 CATS facilities shall not be liable for any resulting injury,
10 death, or property damage.
11 (e) Any residential property owner who fails to comply
12 with any provision of this Act and damages underground
13 utility facilities or CATS facilities while engaging in
14 excavation or demolition on such residential property shall
15 not be subject to a penalty under this Act, but shall be
16 liable for the damage caused to the owner or operator of the
17 damaged underground utility facilities or CATS facilities.
18 (Source: P.A. 86-674; 87-125.)
19 (220 ILCS 50/10) (from Ch. 111 2/3, par. 1610)
20 Sec. 10. Record of notice; marking of facilities. Upon
21 notice by the person engaged in excavation or demolition, the
22 person owning or operating underground utility facilities or
23 CATS facilities in or near the excavation or demolition area
24 shall cause a written record to be made of the notice and
25 shall mark, within 48 hours (excluding Saturdays, Sundays and
26 holidays) of receipt of notice, the approximate locations of
27 such facilities so as to enable the person excavating or
28 demolishing to establish the location of the underground
29 utility facilities or CATS facilities.
30 All persons subject to the requirements of this Act shall
31 plan and conduct their work consistent with reasonable
32 business practices. Conditions may exist making it
33 unreasonable to request that locations be marked within 48
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1 hours. It is unreasonable to request owners and operators of
2 underground utility facilities and CATS facilities to locate
3 all of their facilities in an affected area upon short notice
4 in advance of a large or extensive nonemergency project, or
5 to request extensive locates in excess of a reasonable
6 excavation or demolition work schedule, or to request locates
7 under conditions where a repeat request is likely to be made
8 because of the passage of time or adverse job conditions.
9 Owners and operators of underground utility facilities and
10 CATS facilities must reasonably anticipate seasonal
11 fluctuations in the number of locate requests and staff
12 accordingly. Marking need not be accomplished more than 48
13 hours in advance of the time excavation or demolition of
14 daily segments of the excavation or demolition are scheduled
15 to begin.
16 If a person owning or operating underground utility
17 facilities or CATS facilities receives a notice under this
18 Section but does not own or operate any underground utility
19 facilities or CATS facilities within the proposed excavation
20 or demolition area described in the notice, that person,
21 within 48 hours (excluding Saturdays, Sundays, and holidays)
22 after receipt of the notice, shall so notify the person
23 engaged in excavation or demolition who initiated the notice,
24 unless the person who initiated the notice expressly waives
25 the right to be notified that no facilities are located
26 within the excavation or demolition area. The notification
27 by the owner or operator of underground utility facilities or
28 CATS facilities to the person engaged in excavation or
29 demolition may be provided in any reasonable manner
30 including, but not limited to, notification in any one of the
31 following ways: by face-to-face communication; by phone or
32 phone message; by facsimile; by posting in the excavation or
33 demolition area; or by marking the excavation or demolition
34 area. The owner or operator of those facilities has
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1 discharged the owner's or operator's obligation to provide
2 notice under this Section if the owner or operator attempts
3 to provide notice by telephone or by facsimile, if the person
4 has supplied a facsimile number, but is unable to do so
5 because the person engaged in the excavation or demolition
6 does not answer his or her telephone or does not have an
7 answering machine or answering service to receive the
8 telephone call or does not have a facsimile machine in
9 operation to receive the facsimile transmission. If the
10 owner or operator attempts to provide notice by telephone or
11 by facsimile but receives a busy signal, that attempt shall
12 not serve to discharge the owner or operator of the
13 obligation to provide notice under this Section.
14 A person engaged in excavation or demolition may
15 expressly waive the right to notification from the owner or
16 operator of underground utility facilities or CATS facilities
17 that the owner or operator has no facilities located in the
18 proposed excavation or demolition area. Waiver of notice is
19 only permissible in the case of regular or nonemergency
20 locate requests. The waiver must be made at the time of the
21 notice to the State-Wide One-Call Notice System. A waiver
22 made under this Section is not admissible as evidence in any
23 criminal or civil action that may arise out of, or is in any
24 way related to, the excavation or demolition that is the
25 subject of the waiver.
26 For the purposes of this Act, underground facility
27 operators may utilize a combination of flags, stakes, and
28 paint when possible on non-paved surfaces and when dig site
29 and seasonal conditions warrant the "approximate location" of
30 underground utility facilities or CATS facilities is defined
31 as a strip of land at least 3 feet wide but not wider than
32 the width of the underground facility or CATS facility plus 1
33 1/2 feet on either side of such facility. If the approximate
34 location of an underground utility facility or CATS facility
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1 is marked with stakes or other physical means, the following
2 color coding shall be employed:
3 Utility or Community Antenna Identification Color
4 Television Systems and Type
5 of Product
6 Electric Power, Distribution and
7 Transmission...................... Safety Red
8 Municipal Electric Systems............ Safety Red
9 Gas Distribution and Transmission..... High Visibility
10 Safety Yellow
11 Oil Distribution and Transmission..... High Visibility
12 Safety Yellow
13 Telephone and Telegraph Systems....... Safety Alert Orange
14 Community Antenna Television Systems.. Safety Alert Orange
15 Water Systems......................... Safety
16 Precaution Blue
17 Sewer Systems......................... Safety Green
18 Non-potable Water and Slurry Lines.... Safety Purple
19 Temporary Survey...................... Safety Pink
20 Proposed Excavation................... Safety White
21 (Source: P.A. 86-674; 88-578 (effective date changed to
22 7-1-95 by P.A. 88-681); 88-681, eff. 7-1-95.)
23 (220 ILCS 50/11) (from Ch. 111 2/3, par. 1611)
24 Sec. 11. Penalties; liability; fund.
25 (a) Every person who, while engaging in excavation or
26 demolition, wilfully fails to comply with the Act by failing
27 to provide the notice to the owners or operators of the
28 underground facilities or CATS facility near the excavation
29 or demolition area through the State-Wide One-Call Notice
30 System as required by Section 4 of this Act and damages any
31 underground utility facilities or CATS facilities, shall be
32 subject to a penalty fine of up to $5,000 no more than $200
33 for each separate offense and shall be liable for the damage
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1 caused to the owners or operators of the facility.
2 (b) Every person who, while engaging in excavation or
3 demolition, and has provided the notice to the owners or
4 operators of the underground utility facilities or CATS
5 facilities in and near the excavation or demolition area
6 through the State-Wide One-Call Notice System as required by
7 Section 4 of this Act, but otherwise wilfully fails to comply
8 with this Act and damages any underground utility facilities
9 or CATS facilities, shall be subject to a penalty fine of up
10 to $2,500 no more than $100 for each separate offense and
11 shall be liable for the damage caused to the owners or
12 operators of the facility.
13 (c) Every person who, while engaging in excavation or
14 demolition, and has provided the notice to the owners or
15 operators of the underground utility facilities or CATS
16 facilities in and near the excavation or demolition area
17 through the State-Wide One-Call Notice System as required by
18 Section 4 of this Act, but otherwise, while acting
19 reasonably, damages any underground utility facilities or
20 CATS facilities, shall not be subject to a penalty, fine but
21 shall be liable for the damage caused to the owners or
22 operators of the facility provided the underground utility
23 facility or CATS facility is properly marked as provided in
24 Section 10 of this Act.
25 (d) Every person who, while engaging in excavation or
26 demolition, provides notice to the owners or operators of the
27 underground utility facilities or CATS facilities through the
28 State-Wide One-Call Notice System as an emergency locate
29 request and the locate request is not an emergency locate
30 request as defined in Section 2.6 of this Act shall be
31 subject to a penalty of up to $2,500 for each separate
32 offense.
33 (e) Owners and operators of underground utility
34 facilities or CATS community antenna television systems
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1 facilities who wilfully fail to comply with this Act by a
2 failure to mark or to properly mark the location of an
3 underground utility or CATS facility shall be subject to a
4 penalty fine of up to $5,000 no more than $200 for each
5 separate offense each violation resulting from the failure to
6 mark or properly mark an underground utility facility or CATS
7 facility. No person shall be subject to such fine if the
8 owner or operator of the underground utility facilities erred
9 in marking or failed to mark such facilities as provided in
10 Section 10 of this Act and no willful damage has been
11 committed.
12 (f) As provided in Section 3 of this Act, all owners or
13 operators of underground utility facilities or CATS
14 facilities who fail to join the State-Wide One-Call Notice
15 System by January 1, 2003 shall be subject to a penalty of
16 $100 per day for each separate offense. Every day an owner or
17 operator falls to join the State-Wide One-Call Notice System
18 is a separate offense. This subsection (f) does not apply to
19 utilities operating facilities or CATS facilities exclusively
20 within the boundaries of a municipality with a population of
21 at least 1,000,000 persons.
22 (g) No owner or operator of underground utility
23 facilities or CATS community antenna television systems
24 facilities shall be subject to a penalty fine where a delay
25 in marking or a failure to mark or properly mark the location
26 of an underground utility or CATS facility is caused by
27 conditions beyond the reasonable control of such owner or
28 operator.
29 (h) Any person who is not an agent, employee, or
30 authorized locating contractor of the owner or operator of
31 the underground utility facility or CATS facility who
32 removes, alters, or otherwise damages markings, flags, or
33 stakes used to mark the location of an underground utility or
34 CATS facility other than during the course of the excavation
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1 for which the markings were made or before completion of the
2 project shall be subject to a penalty up to $1,000 for each
3 separate offense.
4 (i) The excavator shall exercise due care at all times
5 to protect underground utility facilities and CATS
6 facilities. If, after proper notification through the
7 State-Wide One-Call Notice System and upon arrival at the
8 site of a proposed excavation, the excavator observes clear
9 evidence of the presence of an unmarked utility or CATS
10 facility in the area of the proposed excavation, the
11 excavator shall not begin excavating until 2 hours after an
12 additional call is made to the State-Wide One-Call Notice
13 System for the area. The operator of the utility or CATS
14 facility shall respond within 2 hours of the excavator's call
15 to the State-Wide One-Call Notice System.
16 (j) The Illinois Commerce Commission shall have the
17 power and jurisdiction to, and shall, enforce the provisions
18 of this Act. The Illinois Commerce Commission may impose
19 administrative penalties as provided in this Section. The
20 Illinois Commerce Commission may promulgate rules and develop
21 enforcement policies in order to implement compliance with
22 this Act. When a penalty is warranted, the following criteria
23 shall be used in determining the magnitude of the penalty:
24 (1) gravity of noncompliance;
25 (2) culpability of offender;
26 (3) history of noncompliance;
27 (4) ability to pay penalty;
28 (5) show of good faith of offender;
29 (6) ability to continue business; and
30 (7) other special circumstances.
31 In the event that a person has given proper notice, the
32 owner or operator of the underground utility facility or CATS
33 facility has marked the approximate location and that person
34 is unable to physically locate the underground utility
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1 facility or CATS facility, where other than an "open cut"
2 method of locating must be used, within a reasonable time due
3 to conditions beyond his control and that person has notified
4 the State-Wide One-Call notice system of the owner or
5 operator of the underground utility facility or CATS facility
6 of the need for additional and more precise markings of
7 approximate locations and the owner or operator has not
8 further and more precisely marked or located the underground
9 utility facility or CATS facility within 48 hours of
10 receiving such notice, then the person excavating or
11 demolishing, exercising reasonable care, shall not be liable
12 for damages to the facilities. Actions to recover the
13 penalty provided for in this Section shall be brought by the
14 State's Attorney of the county where the damage occurred, at
15 the request of the owner or operator of the underground
16 utility facilities or CATS facilities damaged, or at the
17 request of any person when the owner or operator fails to
18 comply with this Act, or at the request of the Illinois
19 Commerce Commission in the name of the People of the State of
20 Illinois, in the circuit court for that county, or for the
21 county in which the person complained of has its principal
22 place of business or resides.
23 (k) There is hereby created in the State treasury a
24 special fund to be known as the Illinois Underground Utility
25 Facilities Damage Prevention Fund. All penalties recovered
26 in any action under this Section shall be paid into the Fund
27 and shall be distributed annually as a grant to the
28 State-Wide One-Call Notice System to be used in safety and
29 informational programs to reduce the number of incidents of
30 damage to underground utility facilities and CATS facilities
31 in Illinois. The distribution shall be made during January
32 of each calendar year based on the balance in the Illinois
33 Underground Utility Facilities Damage Prevention Fund as of
34 December 31 of the previous calendar year. In all such
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1 actions under this Section, the procedure and rules of
2 evidence shall conform with the Code of Civil Procedure, and
3 with rules of courts governing civil trials.
4 (l) The Illinois Commerce Commission shall establish an
5 Advisory Committee consisting of a representative from each
6 of the following: utility operator, JULIE, excavator,
7 municipality, and the general public. The Advisory Committee
8 shall serve as a peer review panel for any contested
9 penalties resulting from the enforcement of this Act.
10 The members of the Advisory Committee shall be immune,
11 individually and jointly, from civil liability for any act or
12 omission done or made in performance of their duties while
13 serving as members of such Advisory Committee, unless the act
14 or omission was the result of willful and wanton misconduct.
15 (m) Any final order or decision of the Advisory
16 Committee may be reviewed as provided in the Administrative
17 Review Law and the rules adopted pursuant thereto.
18 Any residential property owner that fails to comply with
19 any provision of this Act and damages underground utility
20 facilities or CATS facilities while engaging in excavation or
21 demolition on land owned by the residential property owner
22 shall not be subject to a fine but shall be liable for the
23 damage caused to the owner or operator of the underground
24 utility facilities or CATS facilities.
25 (Source: P.A. 86-674.)
26 (220 ILCS 50/13) (from Ch. 111 2/3, par. 1613)
27 Sec. 13. Mandamus or injunction. Where public safety or
28 the preservation of uninterrupted, necessary utility service
29 or community antenna television system service is endangered
30 by any person engaging in excavation or demolition in a
31 negligent or unsafe manner which has resulted in or is likely
32 to result in damage to underground utility facilities or CATS
33 facilities, or is proposing to use procedures for excavation
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1 or demolition which are likely to result in damage to
2 underground utility facilities or CATS facilities, or where
3 the owner or operator of underground utility facilities or
4 CATS facilities endangers an excavator by willfully failing
5 to respond to a locate request, the owner or operator of such
6 facilities or the excavator or the State's Attorney or the
7 Illinois Commerce Commission at the request of the owner or
8 operator of such facilities or the excavator may commence an
9 action, or the State's Attorney, at the request of the owner
10 or operator of such facilities or the Illinois Commerce
11 Commission, shall commence an action, in the circuit court
12 for the county in which the excavation or demolition is
13 occurring or is to occur, or in which the person complained
14 of has his principal place of business or resides, for the
15 purpose of having such negligent or unsafe excavation or
16 demolition stopped and prevented or to compel the marking of
17 underground utilities facilities or CATS facilities, either
18 by mandamus or injunction.
19 (Source: P.A. 86-674.)
20 (220 ILCS 50/14) (from Ch. 111 2/3, par. 1614)
21 Sec. 14. Home rule. The regulation of underground
22 utility facilities and CATS facilities damage prevention, as
23 provided for in this Act, is an exclusive power and function
24 of the State. A home rule unit may not regulate underground
25 utility facilities and CATS facilities damage prevention, as
26 provided for in this Act. All units of local government,
27 including home rule units, must comply with the provisions of
28 this Act. This Section is a denial and limitation of home
29 rule powers and functions under subsection (h) of Section 6
30 of Article VII of the Illinois Constitution.
31 (Source: P.A. 86-674.)
32 Section 99. Effective date. This Act takes effect
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1 January 1, 2002.".