92nd General Assembly
Summary of HB2138
   [ Home ]   [ Back ]   [ Legislation ]
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House Sponsors:
HASSERT.

Senate Sponsors:
WALSH,L-MAHAR-WOOLARD

Short description: 
UNDERGROUND UTILITY DAMAGE                                                 

Synopsis of Bill as introduced:
        Amends  the  Illinois  Underground  Utility   Facilities   Damage      
   Prevention Act.  Provides immunity from liability for economic damages      
   to persons with respect to the performance or nonperformance of duties      
   under  the  Act.   Provides  immunity from liability to the State-Wide      
   One-Call Notice System for injuries or death or damage caused  in  the      
   performance  of  its  duties.   Limits  municipal  liability.   Limits      
   liability  of  persons  owning,  operating,  or  locating  underground      
   facilities.   Provides that residential property owners are liable for      
   damage  caused  to  the  owner  of  underground  facilities.   Imposes      
   penalties for requesting  an  emergency  location  when  there  is  no      
   emergency.   Imposes  a  duty of due care upon excavators.  Creates an      
   advisory committee to review contested penalties. Effective January 1,      
   2002.                                                                       
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          220 ILCS 50/9                                                        
          220 ILCS 50/11.5 rep.                                                
        Replaces everything after  the  enacting  clause.  Reinserts  the      
   contents  of  the  bill  as  introduced. Deletes provisions precluding      
   liability for economic damages. Provides that the State Wide  One-call      
   Notice System and its agents are not immune from liability arising out      
   of  acts  or  omissions  resulting from willful and wanton misconduct.      
   Provides that members of the Advisory Committee are  not  immune  from      
   liability  arising out of acts or omissions resulting from willful and      
   wanton misconduct. Effective January 1, 2002.                               
        HOUSE AMENDMENT NO. 4.                                                 
          Adds reference to:                                                   
          220 ILCS 50/2.8 new                                                  
        Replaces everything after the enacting clause. Replaces  text  of      
   the  bill  with  provisions identical to House Amendment No. 1.  Makes      
   changes to provide that the term "emergency locate request" refers  to      
   a  situation  constituting  an imminent danger rather than a clear and      
   present danger. Deletes provisions relating to voluntary  location  of      
   facilities  and  immunity  from liability if the voluntary locating is      
   done without charge.   Provides  that  any  method  of  excavation  is      
   permitted if it is conducted in a manner that would avoid interference      
   with  underground facilities.  Provides for review of decisions of the      
   Advisory Committee.  Effective July 1, 2002.                                
 
Last action on Bill: PUBLIC ACT.............................. 92-0179

   Last action date: JUL-27-2001

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   0


   END OF INQUIRY 



 Full Text  Bill Status