Illinois General Assembly - Full Text of HB3634
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Full Text of HB3634  100th General Assembly

HB3634 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3634

 

Introduced , by Rep. Brandon W. Phelps

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Underground Utility Facilities Damage Prevention Act. Provides for additional required activities for an excavator who engages in nonemergency excavation or demolition under the Act. Modifies the requirements for an excavator who engages in emergency excavation or demolition under the Act. Provides notice requirements for damaged, dislocated, and exposed underground utility facilities. Provides additional requirements for record of notice and the marking of underground utility facilities. Modifies Sections concerning liability, financial responsibility, negligence, and penalties for violating the provisions of the Act. Repeals a Section concerning preconstruction conferences. Defines, modifies, and repeals terms. Makes certain provisions apply to home rule municipalities with a population over 1,000,000. Makes conforming and technical changes.


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HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Underground Utility Facilities
5Damage Prevention Act is amended by changing Sections 2, 2.1.3,
62.1.4, 2.1.5, 2.2, 2.3, 2.4, 2.5, 2.7, 2.8, 2.9, 2.10, 2.11, 3,
74, 6, 7, 8, 9, 10, 11, 11.3, 12, 13, and 14 and by adding
8Sections 2.1.1, 2.1.2, 2.1.7, 2.1.8, 2.12, 2.13, and 7.5 as
9follows:
 
10    (220 ILCS 50/2)  (from Ch. 111 2/3, par. 1602)
11    Sec. 2. Definitions. As used in this Act, unless the
12context clearly otherwise requires, the terms specified in
13Sections 2.1.1 2.1 through 2.13 2.11 have the meanings ascribed
14to them in those Sections.
15(Source: P.A. 94-623, eff. 8-18-05.)
 
16    (220 ILCS 50/2.1.1 new)
17    Sec. 2.1.1. Excavator. "Excavator" means any person or
18legal entity, public or private, that engages in excavation or
19demolition work.
 
20    (220 ILCS 50/2.1.2 new)
21    Sec. 2.1.2. Pre-mark. "Pre-mark" means to use white paint,

 

 

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1stakes, or flags to delineate the work area at the site of the
2proposed excavation or demolition area. An existing above
3ground structure may be considered a pre-mark. A verbal
4pre-mark is adequate when the scope requested to be marked is
5narrow and explicit enough to prevent marking a large area
6beyond the actual area of excavation or demolition. If
7utilized, physical pre-marking for the area of the planned
8excavation or demolition must be accomplished prior to
9notifying the One-Call Notice System.
 
10    (220 ILCS 50/2.1.3)
11    Sec. 2.1.3. No show request. "No show request" means a
12notice initiated by an excavator through the State-Wide
13One-Call Notice System to the owners or operators of
14underground utility facilities notified in the prior locate
15request that such facility owners or operators, as identified
16by the excavator, either failed to mark their facilities or to
17communicate their non-involvement with the excavation prior to
18the requested dig start date and time.
19(Source: P.A. 96-714, eff. 1-1-10.)
 
20    (220 ILCS 50/2.1.4)
21    Sec. 2.1.4. Incomplete request. "Incomplete request"
22means a notice initiated by an excavator through the State-Wide
23One-Call Notice System to the owners or operators of
24underground utility facilities notified in a prior locate

 

 

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1request that such facility owners or operators, as identified
2by the excavator person excavating, did not completely mark the
3entire extent or the entire segment of the proposed excavation,
4as identified by the excavator in the prior notice.
5(Source: P.A. 96-714, eff. 1-1-10.)
 
6    (220 ILCS 50/2.1.5)
7    Sec. 2.1.5. Re-mark request. "Re-mark request" means a
8notice initiated by an excavator through the State-Wide
9One-Call Notice System to the owners or operators of
10underground utility facilities notified in the initial locate
11request requesting facility owners or operators to re-mark all
12or part of the work area identified in the initial locate
13request, because facility markings are becoming or have become
14indistinguishable due to factors, including, but not limited
15to, weather, fading, construction activity, or vandalism. Only
16the affected areas where excavation or demolition is to
17continue shall be requested to be re-marked.
18(Source: P.A. 96-714, eff. 1-1-10.)
 
19    (220 ILCS 50/2.1.7 new)
20    Sec. 2.1.7. Normal notice request. "Normal notice request"
21means a request for locates that provides no less than 48
22hours, but no more than 14 calendar days, advance notice of a
23planned excavation or demolition. A normal notice request is
24only valid for 28 calendar days from the date of the original

 

 

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1normal notice, unless a subsequent request for extension, as
2described in subsection (g) of Section 4, is made.
 
3    (220 ILCS 50/2.1.8 new)
4    Sec. 2.1.8. One-Call Notice System. "One-Call Notice
5System" means JULIE or the State-Wide One-Call Notice System
6for all excavation or demolition performed and underground
7facilities owned outside the jurisdiction of the city limits of
8Chicago. "One-Call Notice System" also means the Chicago
9Utility Alert Network or Digger for all excavation or
10demolition performed and underground facilities owned within
11the jurisdiction of the city limits of Chicago.
 
12    (220 ILCS 50/2.2)  (from Ch. 111 2/3, par. 1602.2)
13    Sec. 2.2. Underground utility facilities.
14    (a) "Underground utility facilities" or "facilities" means
15and includes wires, ducts, fiber optic cable, conduits, pipes,
16sewers, and cables and their connected appurtenances existing
17installed beneath the surface of the ground and owned or
18operated by:
19        (1) a public utility as defined in the Public Utilities
20    Act;
21        (2) a municipally owned or mutually owned utility
22    providing a similar utility service;
23        (3) a pipeline entity transporting gases, crude oil,
24    petroleum products, or other hydrocarbon materials within

 

 

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1    the State;
2        (4) a telecommunications carrier as defined in the
3    Universal Telephone Service Protection Law of 1985, or by a
4    company described in Section 1 of the Telephone Company
5    Act;
6        (5) a community antenna television system, as defined
7    in the Illinois Municipal Code or the Counties Code;
8        (6) a holder, as that term is defined in the Cable and
9    Video Competition Law of 2007;
10        (7) any other entity owning or operating underground
11    facilities that transport generated electrical power to
12    other utility owners or operators or transport generated
13    electrical power within the internal electric grid of a
14    wind turbine generation farm; and
15        (8) an electric cooperative as defined in the Public
16    Utilities Act; .
17        (9) an agency of the State of Illinois; and
18        (10) any other active member of a One-Call Notice
19    System.
20(Source: P.A. 96-714, eff. 1-1-10.)
 
21    (220 ILCS 50/2.3)  (from Ch. 111 2/3, par. 1602.3)
22    Sec. 2.3. Excavation. "Excavation" means any operation in
23which earth, rock, or other material in or on the ground is
24moved, removed, or otherwise displaced by means of any tools,
25power equipment or explosives, and includes, without

 

 

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1limitation, grading, trenching, digging, ditching, drilling,
2augering, boring, tunneling, scraping, cable or pipe plowing,
3saw cutting when penetrating into the base or subbase of a
4paved surface, and driving, but does not include:
5        (1) farm tillage operations; or
6        (2) railroad right-of-way maintenance; or operations
7    or
8        (3) coal mining operations regulated under the Federal
9    Surface Mining Control and Reclamation Act of 1977 or any
10    State law or rules or regulations adopted under the federal
11    statute; , or
12        (4) land surveying operations as defined in the
13    Illinois Professional Land Surveyor Act of 1989 when
14    manually excavating to a depth not to exceed 24 inches; not
15    using power equipment, or
16        (5) roadway surface milling; or .
17        (6) manually inserting a temporary ground or probe rod
18    as part of underground utility facility locating; or
19        (7) manually inserting a temporary probe rod for bar
20    holing to determine the area of a leaking underground
21    hazardous gas or liquid facility; or
22        (8) manually inserting a ground rod for the purpose of
23    grounding utility equipment when an emergency exists and no
24    other ground source is available.
25    An exclusion to this Section in no way prohibits a request
26from being made for the marking of underground utility

 

 

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1facilities.
2(Source: P.A. 94-623, eff. 8-18-05.)
 
3    (220 ILCS 50/2.4)  (from Ch. 111 2/3, par. 1602.4)
4    Sec. 2.4. Demolition. "Demolition" means the wrecking,
5razing, rending, moving, or removing of a structure by means of
6any power tool, power equipment (exclusive of transportation
7equipment) or explosives.
8(Source: P.A. 86-674.)
 
9    (220 ILCS 50/2.5)  (from Ch. 111 2/3, par. 1602.5)
10    Sec. 2.5. Damage. "Damage" means the contact or dislocation
11of any underground utility facility or CATS facility during
12excavation or demolition which necessitates immediate or
13subsequent repair by the owner or operator of such facility due
14to a weakening or the partial or complete destruction of the
15facility, including, but not limited to, the protective
16coating, lateral support, cathodic protection, or housing for
17the line, device, or facility.
18(Source: P.A. 86-674.)
 
19    (220 ILCS 50/2.7)
20    Sec. 2.7. Tolerance zone. "Tolerance zone" means: (i) if
21the diameter of the facility is indicated, the distance of
22one-half of the known diameter plus 1.5 feet on either side of
23the designated center line of the utility marking; (ii) if the

 

 

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1diameter of the facility is not indicated, 1.5 feet on either
2side of the outside edge of the utility marking; or (iii) for
3subaqueous facilities, a distance of 10 feet on either side of
4the indicated facility. For purposes of this Section,
5"subaqueous" means a facility located under a lake, river, or
6navigable waterway. The utility markings provided cannot
7indicate that the width of the marked facility is any greater
8than the actual width of the underground facility. The
9tolerance zone shall also apply to visible utility structures,
10including, but not limited to, poles with overhead to
11underground transitions, pedestals, transformers, meters,
12hydrants, and valve boxes; there shall be a 1.5 foot tolerance
13zone entirely around such facilities the approximate location
14of underground utility facilities or CATS facilities defined as
15a strip of land at least 3 feet wide, but not wider than the
16width of the underground facility or CATS facility plus 1-1/2
17feet on either side of such facility based upon the markings
18made by the owner or operator of the facility. Excavation
19within the tolerance zone requires extra care and precaution
20including, but not limited to, as set forth in Section 4.
21(Source: P.A. 92-179, eff. 7-1-02.)
 
22    (220 ILCS 50/2.8)
23    Sec. 2.8. Approximate location. "Approximate location"
24means the actual location of the marked underground facility
25that lies entirely within the tolerance zone a strip of land at

 

 

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1least 3 feet wide, but not wider than the width of the
2underground facility or CATS facility plus 1.5 feet on either
3side of the facility.
4(Source: P.A. 92-179, eff. 7-1-02.)
 
5    (220 ILCS 50/2.9)
6    Sec. 2.9. 48 Hours. "48 hours" "Forty-eight hours" means 2
7business days beginning at 8 a.m. and ending at 4 p.m.
8(exclusive of Saturdays, Sundays, and holidays recognized by
9the State-Wide One-Call Notice System or the municipal one-call
10notice system). All requests for locates received after 4 p.m.
11will be processed as if received at 8 a.m. the next business
12day.
13(Source: P.A. 94-623, eff. 8-18-05.)
 
14    (220 ILCS 50/2.10)
15    Sec. 2.10. Open cut utility locate. "Open cut utility
16locate" means a method of locating underground utility
17facilities that requires excavation by the owner, operator, or
18agent of the underground facility.
19(Source: P.A. 94-623, eff. 8-18-05.)
 
20    (220 ILCS 50/2.11)
21    Sec. 2.11. Roadway surface milling. "Roadway surface
22milling" means the removal of a uniform pavement section by
23rotomilling, grinding, saw cutting, or other means that does

 

 

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1not penetrate into including the roadway base or subbase.
2(Source: P.A. 94-623, eff. 8-18-05.)
 
3    (220 ILCS 50/2.12 new)
4    Sec. 2.12. Damage notification. "Damage notification"
5means a notice to the owners or operators that damage to an
6underground line has occurred in the area of the excavation or
7demolition.
 
8    (220 ILCS 50/2.13 new)
9    Sec. 2.13. Exposed notification. "Exposed notification"
10means a notification to the owners or operators that a
11previously unmarked underground line has been exposed, but not
12damaged.
 
13    (220 ILCS 50/3)  (from Ch. 111 2/3, par. 1603)
14    Sec. 3. One-Call Notice System membership. The owners or
15operators of underground utility facilities are required to be
16members of a One-Call Notice System or CATS facilities that are
17not currently participants in the State-Wide One-Call Notice
18System shall, within 6 months of the effective date of this
19Act, join the State-Wide One-Call Notice System. This Section
20shall not apply to utilities operating facilities or CATS
21facilities exclusively within the boundaries of a municipality
22with a population of at least one million persons.
23(Source: P.A. 86-674.)
 

 

 

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1    (220 ILCS 50/4)  (from Ch. 111 2/3, par. 1604)
2    Sec. 4. Required activities. Every excavator person who
3engages in nonemergency excavation or demolition shall:
4        (a) take reasonable action to inform himself or herself
5    of the location of any underground utility facilities in
6    and near the area for which such operation is to be
7    conducted;
8        (b) plan the excavation or demolition to avoid or
9    minimize interference with underground utility facilities
10    within the tolerance zone by utilizing such precautions
11    that include, but are not limited to, hand excavation, or
12    vacuum excavation methods to the depth of the proposed
13    excavation or demolition, and visually inspecting the
14    excavation while in progress until clear of the existing
15    marked facility;
16        (c) pre-mark in accordance with Section 2.1.2 if
17    practical, use white paint, flags, stakes, or both, to
18    outline the dig site;
19        (d) provide notice not less than 48 hours but no more
20    than 14 calendar days in advance of the start of the
21    excavation or demolition to the owners or operators of the
22    underground utility facilities in and near the excavation
23    or demolition area through the State-Wide One-Call Notice
24    System or, in the case of nonemergency excavation or
25    demolition within the boundaries of a municipality of at

 

 

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1    least one million persons which operates its own one-call
2    notice system, through the one-call notice system which
3    operates in that municipality.
4        At a minimum, the notice required under this subsection
5    (d) shall provide:
6            (1) the person's name, address, phone number at
7        which a person can be reached, and if available, a fax
8        number and email address , if available;
9            (2) the start date and time of the planned
10        excavation or demolition;
11            (3) all counties, cities, or townships, or any
12        combination thereof, where the proposed excavation or
13        demolition shall take place;
14            (4) the address or location at which the excavation
15        or demolition shall take place;
16            (5) the type of work, and the and extent and
17        description of the area where excavation or demolition
18        is to occur of the work involved; and
19            (6) the section or quarter sections when the
20        information in items (1) through (5) of this subsection
21        (d) does not allow the State-Wide One-Call Notice
22        System to determine the appropriate excavation or
23        demolition site. This item (6) does not apply to
24        residential property owners;
25            (7) an indication of whether directional boring or
26        horizontal drilling will be used;

 

 

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1            (8) an indication of whether the excavation will
2        exceed 7 feet in depth;
3            (9) an indication of whether the proposed
4        excavation or demolition has been physically
5        pre-marked as defined in Section 2.1.2; and
6            (10) the latitude and longitude, if available. The
7        information specified in items (1) through (9) of this
8        subsection (d) is still required when providing
9        latitude and longitude;
10        (e) provide, during and following excavation or
11    demolition, such support for existing underground utility
12    facilities in and near the excavation or demolition area as
13    may be reasonably necessary for the protection of such
14    facilities unless otherwise agreed to by the owner or
15    operator of the underground facility;
16        (f) backfill all excavations in such manner and with
17    such materials as may be reasonably necessary for the
18    protection of existing underground utility facilities in
19    and near the excavation or demolition area;
20        (g) after February 29, 2004, when the excavation or
21    demolition project will extend past 28 calendar days from
22    the date of the original notice provided under clause (d),
23    the excavator shall provide a subsequent notice to the
24    owners or operators of the underground utility facilities
25    in and near the excavation or demolition area through the
26    State-Wide One-Call Notice System or, in the case of

 

 

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1    excavation or demolition within the boundaries of a
2    municipality having a population of at least 1,000,000
3    inhabitants that operates its own one-call notice system,
4    through the one-call notice system that operates in that
5    municipality informing utility owners and operators that
6    additional time to complete the excavation or demolition
7    project will be required. The notice will provide the
8    excavator with an additional 28 calendar days from the date
9    of the subsequent notification to continue or complete the
10    excavation or demolition project. The excavator may not
11    provide a subsequent notice under this Section simply for
12    the purpose of keeping a prior notice open or valid without
13    continued excavation occurring within the period of that
14    subsequent notice;
15        (h) exercise due care at all times to protect
16    underground utility facilities. If, after proper
17    notification through a the State-Wide One-Call Notice
18    System and upon arrival at the site of the proposed
19    excavation, the excavator observes clear evidence of the
20    presence of an unmarked or incompletely marked utility in
21    the area of the proposed excavation, the excavator shall
22    not begin excavating until all affected facilities have
23    been marked or 2 hours, whichever is shorter, after an
24    additional call is made to the State-Wide One-Call Notice
25    System for the area. The owner or operator of the utility
26    shall respond within 2 hours of the excavator's call to the

 

 

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1    State-Wide One-Call Notice System; and
2        (i) when factors, including, but not limited to,
3    weather, construction activity, or vandalism, at the
4    excavation site have caused the utility markings to become
5    faded or indistinguishable, the excavator shall initiate a
6    remark request provide an additional notice through the
7    State-Wide One-Call Notice System requesting that only the
8    affected areas where excavation or demolition is to
9    continue be re-marked. Facility owners or operators must
10    respond to the notice to re-mark according to the
11    requirements of Section 10 of this Act.
12    If upon notice, a facility operator determines there is a
13critical facility within the proposed excavation area and the
14facility operator desires to have an authorized representative
15present during excavation near the critical facility, the
16facility operator shall contact the excavator prior to the
17requested dig start time provided on the notice to schedule a
18date and time for the facility operator to be present when
19excavation will occur near the critical facility. All
20excavators must comply with the facility operator's request to
21be present during excavation near critical facilities. In lieu
22of having an authorized representative present, the facility
23operator may choose to complete a minimal excavation near the
24critical facility to expose its location. However, it is
25incumbent on the facility operator to comply with the
26excavator's schedule for when excavation will occur near the

 

 

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1critical facility. For excavation that may be near critical
2facilities intermittently during the course of the project, the
3excavator shall provide notice to the facility operator not
4less than one business day before excavation is expected to be
5near the critical facility. Nothing in this Section shall
6prohibit an excavator from excavating prudently and carefully
7near a critical facility without the facility operator present,
8provided the facility operator waives the request to be present
9or to complete a minimal excavation exposing the critical
10facility or is unable to comply with the excavator's schedule.
11    Nothing in this Section prohibits the use of any method of
12excavation if conducted in a manner that would avoid
13interference with underground utility facilities.
14(Source: P.A. 96-714, eff. 1-1-10.)
 
15    (220 ILCS 50/6)  (from Ch. 111 2/3, par. 1606)
16    Sec. 6. Emergency excavation or demolition.
17    (a) Every excavator person who engages in emergency
18excavation or demolition outside of the boundaries of a
19municipality of at least one million persons which operates its
20own one-call notice system shall take all reasonable
21precautions to avoid or minimize interference between the
22emergency work and existing underground utility facilities in
23and near the excavation or demolition area, through the
24State-Wide One-Call Notice System, and shall notify, as far in
25advance as possible, the owners or operators of such

 

 

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1underground utility facilities in and near the emergency
2excavation or demolition area, through the State-Wide One-Call
3Notice System. At a minimum, the notice required under this
4subsection (a) shall provide:
5        (1) the person's name, address, and (i) phone number at
6    which a person can be reached and, if available, a (ii) fax
7    number and email address , if available;
8        (2) the start date and time of the planned emergency
9    excavation or demolition;
10        (3) the address or location at which the excavation or
11    demolition will take place; and
12        (4) the type of work, and the and extent and
13    description of the area where excavation or demolition is
14    to occur; and of the work involved.
15        (5) all counties, cities, or townships, or any
16    combination thereof, where the emergency excavation or
17    demolition will take place.
18    There is a wait time of 2 hours or the date and time
19requested on the notice, whichever is longer, after an
20emergency locate notification request is made through the
21State-Wide One-Call Notice System. If the conditions at the
22site dictate an earlier start than the required wait time, it
23is the responsibility of the excavator to demonstrate that site
24conditions warranted this earlier start time.
25    Upon notice by the excavator person engaged in emergency
26excavation or demolition, the owner or operator of an

 

 

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1underground utility facility in or near the excavation or
2demolition area shall communicate with the excavator person
3engaged in emergency excavation or demolition within 2 hours or
4by the date and time requested on the notice, whichever is
5longer by (1) marking the approximate location of underground
6facilities; (2) advising the excavator person excavating that
7their underground facilities are not in conflict with the
8emergency excavation; or (3) notifying the excavator person
9excavating that the owner or operator shall be delayed in
10marking because of conditions as referenced in subsection (g)
11of Section 11 of this Act.
12    The notice by the owner or operator to the excavator person
13engaged in emergency excavation or demolition may be provided
14by phone or phone message or by marking the excavation or
15demolition area. The owner or operator has discharged the
16owner's or operator's obligation to provide notice under this
17Section if the owner or operator attempts to provide notice by
18telephone but is unable to do so because the excavator person
19engaged in the emergency excavation or demolition does not
20answer his or her telephone or does not have an answering
21machine, or answering service or voicemail to receive the
22telephone call. If the owner or operator attempts to provide
23notice by telephone or by facsimile but receives a busy signal,
24that attempt shall not discharge the owner or operator from the
25obligation to provide notice under this Section.
26    (b) Blank. Every person who engages in emergency excavation

 

 

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1or demolition within the boundaries of a municipality of at
2least one million persons which operates its own one-call
3notice system shall take all reasonable precautions to avoid or
4minimize interference between the emergency work and existing
5underground utility facilities in and near the excavation or
6demolition area, through the municipality's one-call notice
7system, and shall notify, as far in advance as possible, the
8owners and operators of underground utility facilities in and
9near the emergency excavation or demolition area, through the
10municipality's one-call notice system.
11    (c) The reinstallation of traffic control devices shall be
12deemed an emergency for purposes of this Section.
13    (d) An open cut utility locate shall be deemed an emergency
14for purposes of this Section.
15    (e) During widespread emergency situations, as described
16in Section 2.6, where the owner or operator of underground
17utility facilities has a situation beyond their equipment or
18personnel capabilities to facilitate a timely repair or
19correction of the emergency, the facility owner or operator may
20utilize subcontractors to facilitate the work without a
21separate emergency locate request by the subcontractor.
22However, for the purposes of this Act, in such a situation, the
23facility owner or operator shall be responsible for the actions
24of their subcontractor, unless the subcontractor has obtained
25their own notice or has changed the excavators name in the
26original notice.

 

 

HB3634- 20 -LRB100 06222 RJF 16257 b

1    (f) Emergency notices provided through a One-Call Notice
2System shall expire 14 calendar days after the date of the
3initial notice.
4(Source: P.A. 96-714, eff. 1-1-10.)
 
5    (220 ILCS 50/7)  (from Ch. 111 2/3, par. 1607)
6    Sec. 7. Damage or dislocation. In the event of any damage
7to or dislocation of any underground utility facilities in
8connection with any excavation or demolition, emergency or
9nonemergency, the excavator person responsible for the
10excavation or demolition operations shall immediately notify
11the affected utility and the State-Wide One-Call Notice System
12and cease excavation in the area of the damage when the damaged
13facility is a threat to life or property or if otherwise
14required by law or, in the case of damage or dislocation in
15connection with any excavation or demolition within the
16boundaries of a municipality having a population of at least
171,000,000 inhabitants that operates its own one-call notice
18system, notify the affected utility and the one-call notice
19system that operates in that municipality. The excavator person
20responsible for the excavation or demolition shall not attempt
21to repair, clamp, or constrict the damaged utility facility
22unless under the supervision or advisement of the utility
23facility owner or operator. At no time shall an excavator a
24person under this Act be required by a utility facility owner
25or operator to attempt to repair, clamp, or constrict a damaged

 

 

HB3634- 21 -LRB100 06222 RJF 16257 b

1utility facility. In the event of any damage to any underground
2utility facility that results in the escape of any flammable,
3toxic, or corrosive gas or liquid, the excavator person
4responsible for the excavation or demolition shall call 9-1-1
5and notify authorities of the damage. Owners and operators of
6underground utility facilities that are damaged and the
7excavator involved shall work in a cooperative and expeditious
8manner to repair the affected utility.
9    At a minimum, the notice required under this Section shall
10provide:
11        (1) a reference to the original excavation or
12    demolition notice, if one exists;
13        (2) the type of damaged underground utility facility;
14        (3) the name of the affected underground utility
15    facility owner, if known; and
16        (4) the location of the damaged underground line at the
17    excavation or demolition site.
18(Source: P.A. 96-714, eff. 1-1-10.)
 
19    (220 ILCS 50/7.5 new)
20    Sec. 7.5. Exposed facility. In the event of any previously
21unmarked underground utility facility being exposed during
22excavation or demolition, emergency or nonemergency, the
23excavator responsible for the excavation or demolition
24operations shall immediately notify the One-Call Notice
25System.

 

 

HB3634- 22 -LRB100 06222 RJF 16257 b

1    At a minimum, the notice required under this Section shall
2provide:
3        (1) a reference to the original excavation or
4    demolition notice, if one exists;
5        (2) the type of exposed underground utility facility;
6        (3) the name of the affected underground utility
7    facility owner, if known; and
8        (4) the location of the exposed underground line at the
9    excavation or demolition site.
 
10    (220 ILCS 50/8)  (from Ch. 111 2/3, par. 1608)
11    Sec. 8. Liability or financial responsibility.
12    (a) Nothing in this Act shall be deemed to affect or
13determine the financial responsibility for any operation under
14this Act or liability of any entity or individual person for
15any damages that occur unless specifically stated otherwise.
16    (b) Except for enforcement penalties authorized pursuant
17to this Act, nothing Nothing in this Act shall be deemed to
18provide for liability or financial responsibility of the
19Department of Transportation, its officers and employees
20concerning any underground utility facility or CATS facility
21located on highway right-of-way by permit issued under the
22provisions of Section 9-113 of the Illinois Highway Code. It is
23not the intent of this Act to change any remedies in law
24regarding the duty of providing lateral support.
25    (c) Neither a the State-Wide One-Call Notice System nor any

 

 

HB3634- 23 -LRB100 06222 RJF 16257 b

1of its officers, agents, or employees shall be liable for
2damages for injuries or death to persons or damage to property
3caused by acts or omissions in the receipt, recording, or
4transmission of locate requests or other information in the
5performance of its duties as the State-Wide One-Call Notice
6System, unless the act or omission was the result of willful
7and wanton misconduct.
8    (d) Any residential property owner who fails to comply with
9any provision of this Act and damages underground utility
10facilities or CATS facilities while engaging in excavation or
11demolition on such residential property shall not be subject to
12a penalty under this Act, but shall be liable for the damage
13caused to the owner or operator of the damaged underground
14utility facilities or CATS facilities.
15(Source: P.A. 92-179, eff. 7-1-02.)
 
16    (220 ILCS 50/9)  (from Ch. 111 2/3, par. 1609)
17    Sec. 9. Negligence. When it is shown by competent evidence
18in any action for damages to underground utility facilities or
19CATS facilities that such damages resulted from excavation or
20demolition and that the excavator person engaged in such
21excavation or demolition failed to comply with the provisions
22of this Act, that excavator person shall be deemed prima facie
23guilty of negligence.
24    When it is shown by competent evidence in any action for
25damages to excavators persons, material or equipment brought by

 

 

HB3634- 24 -LRB100 06222 RJF 16257 b

1persons undertaking excavation or demolition acting in
2compliance with the provisions of this Act that such damages
3resulted from the failure of owners and operators of
4underground facilities or CATS facilities to comply with the
5provisions of this Act, those owners and operators shall be
6deemed prima facie guilty of negligence.
7(Source: P.A. 86-674.)
 
8    (220 ILCS 50/10)  (from Ch. 111 2/3, par. 1610)
9    Sec. 10. Record of notice; marking of facilities.
10    (a) Upon notice by the excavator person engaged in
11excavation or demolition, the entity person owning or operating
12underground utility facilities in or near the excavation or
13demolition area shall cause a written record to be made of the
14notice and shall mark, within 48 hours of receipt of notice or
15by the requested date and time indicated on the notice,
16whichever is later, the approximate locations of such
17facilities so as to enable the excavator person excavating or
18demolishing to establish the location of the underground
19utility facilities.
20    (b) Owners and operators of underground sewer facilities
21that are located outside the boundaries of a municipality
22having a population of at least 1,000,000 inhabitants shall be
23required to respond and mark the approximate location of those
24sewer facilities when the excavator indicates, in the notice
25required in Section 4, that the excavation or demolition

 

 

HB3634- 25 -LRB100 06222 RJF 16257 b

1project will exceed a depth of 7 feet. "Depth", in this case,
2is defined as the distance measured vertically from the surface
3of the ground to the top of the sewer facility.
4    (c) Owners and operators of underground sewer facilities
5that are located outside the boundaries of a municipality
6having a population of at least 1,000,000 inhabitants shall be
7required at all times to locate the approximate location of
8those sewer facilities when: (1) directional boring is the
9indicated type of excavation work being performed within the
10notice; (2) the underground sewer facilities owned are
11non-gravity, pressurized force mains; or (3) the excavation
12indicated will occur in the immediate proximity of known
13underground sewer facilities that are less than 7 feet deep.
14    (d) Owners or operators of underground sewer facilities
15that are located outside the boundaries of a municipality
16having a population of at least 1,000,000 inhabitants shall not
17hold an excavator liable for damages that occur to sewer
18facilities that were not required to be marked under this
19Section, provided that prompt notice of the damage is made to
20the State-Wide One-Call Notice System and the utility owner as
21required in Section 7.
22    (e) All entities persons subject to the requirements of
23this Act shall plan and conduct their work consistent with
24reasonable business practices. Conditions may exist making it
25unreasonable to request that locations be marked within 48
26hours or by the requested date and time indicated on the

 

 

HB3634- 26 -LRB100 06222 RJF 16257 b

1notice, whichever is later. It is unreasonable to request
2owners and operators of underground utility facilities to
3locate all of their facilities in an affected area upon short
4notice in advance of a large or extensive nonemergency project,
5or to request extensive locates in excess of a reasonable
6excavation or demolition work schedule, or to request locates
7under conditions where a repeat request is likely to be made
8because of the passage of time or adverse job conditions.
9    (f) Owners and operators of underground utility facilities
10must reasonably anticipate seasonal fluctuations in the number
11of locate requests and staff accordingly.
12    (g) If an entity a person owning or operating underground
13utility facilities receives a notice under this Section but
14does not own or operate any underground utility facilities
15within the proposed excavation or demolition area described in
16the notice, that entity person, within 48 hours or by the
17requested date and time indicated on the notice, whichever is
18later, after receipt of the notice, shall so notify the
19excavator person engaged in excavation or demolition who
20initiated the notice, unless the person who initiated the
21notice expressly waives the right to be notified that no
22facilities are located within the excavation or demolition
23area.
24    (h) The notification by the owner or operator of
25underground utility facilities to the excavator person engaged
26in excavation or demolition may be provided in any reasonable

 

 

HB3634- 27 -LRB100 06222 RJF 16257 b

1manner including, but not limited to, notification in any one
2of the following ways:
3        (1) by face-to-face communication;
4        (2) by phone or phone message;
5        (3) by facsimile or email;
6        (4) by posting in the excavation or demolition area; or
7        (5) by marking the excavation or demolition area.
8    (i) The owner or operator of those facilities has
9discharged the owner's or operator's obligation to provide
10notice under this Section if the owner or operator attempts to
11provide notice by one of the following ways:
12        (1) telephone or by facsimile, if the person has
13    supplied a facsimile number, but is unable to do so because
14    the excavator person engaged in the excavation or
15    demolition does not answer his or her telephone and or does
16    not have the ability to receive telephone messages;
17        (2) facsimile, if the excavator has supplied a
18    facsimile number and does not have a facsimile machine in
19    operation to receive the facsimile transmission; or
20        (3) email, if the excavator has supplied an email
21    address and the message is electronically undeliverable an
22    answering machine or answering service to receive the
23    telephone call or does not have a facsimile machine in
24    operation to receive the facsimile transmission.
25    If the owner or operator attempts to provide notice by
26telephone or by facsimile but receives a busy signal, that

 
 

 

 

HB3634- 28 -LRB100 06222 RJF 16257 b

1attempt shall not serve to discharge the owner or operator of
2the obligation to provide notice under this Section.
3    A person engaged in excavation or demolition may expressly
4waive the right to notification from the owner or operator of
5underground utility facilities that the owner or operator has
6no facilities located in the proposed excavation or demolition
7area. Waiver of notice is only permissible in the case of
8regular or nonemergency locate requests. The waiver must be
9made at the time of the notice to the State-Wide One-Call
10Notice System. A waiver made under this Section is not
11admissible as evidence in any criminal or civil action that may
12arise out of, or is in any way related to, the excavation or
13demolition that is the subject of the waiver.
14    (j) For the purposes of this Act, the following color
15coding shall be used to mark the approximate location of
16underground utility facilities by the underground facility
17operators who may utilize a combination of flags, stakes, or
18and paint as when possible on non-paved surfaces and when dig
19site and seasonal conditions warrant. If the approximate
20location of an underground utility facility is marked with
21stakes or other physical means, the following color coding
22shall be employed:
 
23Underground Facility Identification Color
24Facility Owner or Agent Use Only

 
 

 

 

HB3634- 29 -LRB100 06222 RJF 16257 b

1Electric Power, Distribution and
2    Transmission........................Safety Red
3Municipal Electric Systems..............Safety Red
4Gas Distribution and Transmission.......High Visibility Safety
5Yellow
6Oil Distribution and Transmission.......High Visibility Safety
7Yellow
8Telephone and Telegraph Systems.........Safety Alert Orange
9Community Antenna Television Systems....Safety Alert Orange
10Water Systems...........................Safety Precaution Blue
11Sewer Systems...........................Safety Green
12Non-potable Water and Slurry Lines......Safety Purple
13Excavator Use Only
14Temporary Survey........................Safety Pink
15Proposed Excavation.....................Safety White (Black
16when snow is on the
17ground)
18(Source: P.A. 96-714, eff. 1-1-10.)
 
19    (220 ILCS 50/11)  (from Ch. 111 2/3, par. 1611)
20    Sec. 11. Penalties; liability; fund.
21    (a) Every excavator person who, while engaging in
22excavation or demolition, wilfully fails to comply with the Act

 

 

HB3634- 30 -LRB100 06222 RJF 16257 b

1by failing to provide the notice to the owners or operators of
2the underground facilities near the excavation or demolition
3area through the State-Wide One-Call Notice System as required
4by Section 4 or 6 of this Act shall be subject to a penalty of
5up to $5,000 for each separate offense and shall be liable for
6the damage caused to the owners or operators of the facility.
7Every excavator person who fails to provide notice and
8willfully fails to comply with other provisions of this Act
9shall be subject to additional penalties of up to $2,500 for
10each separate offense and shall be liable for the damage caused
11to the owners or operators of the facility.
12    (b) Every excavator person who has provided the notice to
13the owners or operators of the underground utility facilities
14in and near the excavation or demolition area through the
15State-Wide One-Call Notice System as required by Section 4 or 6
16of this Act, but otherwise wilfully fails to comply with this
17Act, shall be subject to a penalty of up to $2,500 for each
18separate offense and shall be liable for the damage caused to
19the owners or operators of the facility.
20    (c) Every excavator person who, while engaging in
21excavation or demolition, has provided the notice to the owners
22or operators of the underground utility facilities in and near
23the excavation or demolition area through the State-Wide
24One-Call Notice System as required by Section 4 or 6 of this
25Act, but otherwise, while acting reasonably, damages any
26underground utility facilities, shall not be subject to a

 

 

HB3634- 31 -LRB100 06222 RJF 16257 b

1penalty, but shall be liable for the damage caused to the
2owners or operators of the facility provided the underground
3utility facility is properly marked as provided in Section 10
4of this Act.
5    (d) Every excavator person who provides notice to the
6owners or operators of the underground utility facilities
7through the State-Wide One-Call Notice System as a no-show,
8incomplete, or an emergency locate request and the locate
9request is not a no-show, incomplete, or an emergency locate
10request as defined in Section 2.1.3, 2.1.4, or 2.6 of this Act
11shall be subject to a penalty of up to $2,500 for each separate
12offense.
13    (e) Owners and operators of underground utility facilities
14who willfully fail to comply with this Act by a failure to mark
15or respond with notice of all clear, respond with notice of
16delay by the requested date and time indicated on the notice,
17respond or mark the approximate location of an underground
18utility as required by subsection (h) of Section 4, subsection
19(a) of Section 6, or Section 10 of this Act after being
20notified of planned excavation or demolition through the
21State-Wide One-Call Notice System, shall be subject to a
22penalty of up to $5,000 for each separate offense. A facility
23operator will not be subject to a penalty for failing to
24properly mark the approximate location of an underground
25facility provided that the facility operator marked, or
26responded with notice of all clear, or responded with notice of

 

 

HB3634- 32 -LRB100 06222 RJF 16257 b

1delay by the requested date and time indicated on the notice
2and took reasonable precautions when locating the underground
3facility.
4    (f) As provided in Section 3 of this Act, all owners or
5operators of underground utility facilities who fail to join
6the State-Wide One-Call Notice System by January 1, 2003 shall
7be subject to a penalty of $100 per day for each separate
8offense. Every day an owner or operator fails to join the
9State-Wide One-Call Notice System is a separate offense. This
10subsection (f) does not apply to utilities operating facilities
11exclusively within the boundaries of a municipality with a
12population of at least 1,000,000 persons.
13    (g) No owner or operator of underground utility facilities
14shall be subject to a penalty where a delay in marking or a
15failure to mark or properly mark the location of an underground
16utility is caused by conditions beyond the reasonable control
17of such owner or operator. Any owners or operators receiving an
18increase to the notice volume within any political subdivision
19of the State that exceeds 20% of the same corresponding
20calendar day's volume from the prior year for that political
21subdivision which will result in a delay in marking shall
22communicate with the excavator the increase for that political
23subdivision and notify the entity of the volume increase in the
24political subdivision, and indicate: (i) that a delay of up to
25an additional 48 hours may be required to mark the requested
26area; or (ii) that an additional 48 hours will not be

 

 

HB3634- 33 -LRB100 06222 RJF 16257 b

1sufficient to mark the requested area and that a mutually
2agreeable date and time is needed to complete the marking.
3    (h) Any entity that person who is neither an agent,
4employee, or authorized locating contractor of the owner or
5operator of the underground utility facility nor an excavator
6involved in the excavation or demolition activity that who
7removes, alters, or otherwise damages markings, flags, or
8stakes used to mark the location of an underground utility
9other than during the course of the excavation or demolition
10for which the markings were made or before completion of the
11project shall be subject to a penalty up to $1,000 for each
12separate offense.
13    (i) (Blank).
14    (j) The Illinois Commerce Commission shall have the power
15and jurisdiction to, and shall, enforce the provisions of this
16Act. The Illinois Commerce Commission may impose
17administrative penalties as provided in this Section. The
18Illinois Commerce Commission may promulgate rules and develop
19enforcement policies in the manner provided by the Public
20Utilities Act in order to implement compliance with this Act.
21When a penalty is warranted, the following criteria shall be
22used in determining the magnitude of the penalty:
23        (1) gravity of noncompliance;
24        (2) culpability of offender;
25        (3) history of noncompliance for the 18 months prior to
26    the date of the incident; however, when determining

 

 

HB3634- 34 -LRB100 06222 RJF 16257 b

1    non-compliance, the alleged violator's roles as operator
2    or owner and the entity person engaged in excavating shall
3    be treated separately;
4        (4) ability to pay penalty;
5        (5) show of good faith of offender;
6        (6) ability to continue business; and
7        (7) other special circumstances.
8    (k) There is hereby created in the State treasury a special
9fund to be known as the Illinois Underground Utility Facilities
10Damage Prevention Fund. All penalties recovered by the Illinois
11Commerce Commission in any action under this Section shall be
12paid into the Fund and shall be distributed annually as a grant
13to the State-Wide One-Call Notice System operated by JULIE to
14be used in safety and informational programs to reduce the
15number of incidents of damage to underground utility facilities
16in Illinois. The distribution shall be made during January of
17each calendar year based on the balance in the Illinois
18Underground Utility Facilities Damage Prevention Fund as of
19December 31 of the previous calendar year. In all such actions
20under this Section, the procedure and rules of evidence shall
21conform with the Code of Civil Procedure, and with rules of
22courts governing civil trials.
23    (l) The Illinois Commerce Commission shall establish an
24Advisory Committee consisting of a representative from each of
25the following: utility operator, JULIE, excavator,
26municipality, and the general public. The Advisory Committee

 

 

HB3634- 35 -LRB100 06222 RJF 16257 b

1shall serve as a peer review panel for any contested penalties
2resulting from the enforcement of this Act.
3    The members of the Advisory Committee shall be immune,
4individually and jointly, from civil liability for any act or
5omission done or made in performance of their duties while
6serving as members of such Advisory Committee, unless the act
7or omission was the result of willful and wanton misconduct.
8    (m) If, after the Advisory Committee has considered a
9particular contested penalty and performed its review
10functions under this Act and the Commission's rules, there
11remains a dispute as to whether the Commission should impose a
12penalty under this Act, the matter shall proceed in the manner
13set forth in Article X of the Public Utilities Act, including
14the provisions governing judicial review.
15(Source: P.A. 96-714, eff. 1-1-10.)
 
16    (220 ILCS 50/11.3)
17    Sec. 11.3. Emergency telephone system outages;
18reimbursement. Any excavator person who negligently damages an
19underground facility or CATS facility causing an emergency
20telephone system outage must reimburse the public safety agency
21that provides personnel to answer calls or to maintain or
22operate an emergency telephone system during the outage for the
23agency's costs associated with answering calls or maintaining
24or operating the system during the outage. For the purposes of
25this Section, "public safety agency" means the same as in

 

 

HB3634- 36 -LRB100 06222 RJF 16257 b

1Section 2.02 of the Emergency Telephone System Act.
2(Source: P.A. 92-149, eff. 1-1-02.)
 
3    (220 ILCS 50/12)  (from Ch. 111 2/3, par. 1612)
4    Sec. 12. Submittal of non-compliance report and
5enforcement actions timeframes. No action may be brought under
6Section 11 of this Act unless commenced within 2 years after
7the date of violation of this Act.
8(Source: P.A. 86-674.)
 
9    (220 ILCS 50/13)  (from Ch. 111 2/3, par. 1613)
10    Sec. 13. Mandamus or injunction. Where public safety or the
11preservation of uninterrupted, necessary utility service or
12community antenna television system service is endangered by
13any excavator person engaging in excavation or demolition in a
14negligent or unsafe manner which has resulted in or is likely
15to result in damage to underground utility facilities or CATS
16facilities or proposing to use procedures for excavation or
17demolition which are likely to result in damage to underground
18utility facilities or CATS facilities, or where the owner or
19operator of underground utility facilities or CATS facilities
20endangers an excavator by willfully failing to respond to a
21locate request, the owner or operator of such facilities or the
22excavator or the State's Attorney or the Illinois Commerce
23Commission at the request of the owner or operator of such
24facilities or the excavator may commence an action in the

 

 

HB3634- 37 -LRB100 06222 RJF 16257 b

1circuit court for the county in which the excavation or
2demolition is occurring or is to occur, or in which the person
3complained of has his principal place of business or resides,
4for the purpose of having such negligent or unsafe excavation
5or demolition stopped and prevented or to compel the marking of
6underground utilities facilities or CATS facilities, either by
7mandamus or injunction.
8(Source: P.A. 92-179, eff. 7-1-02.)
 
9    (220 ILCS 50/14)  (from Ch. 111 2/3, par. 1614)
10    Sec. 14. Home rule. The regulation of underground utility
11facilities and CATS facilities damage prevention, as provided
12for in this Act, is an exclusive power and function of the
13State. A home rule unit may not regulate underground utility
14facilities and CATS facilities damage prevention, as provided
15for in this Act. All units of local government, including home
16rule units that are not municipalities of more than 1,000,000
17persons, must comply with the provisions of this Act. To this
18extent, this Section is a denial and limitation of home rule
19powers and functions under subsection (h) of Section 6 of
20Article VII of the Illinois Constitution. A home rule
21municipality of more than 1,000,000 persons may regulate
22underground utility facilities and CATS facilities damage
23prevention enforcement only.
24(Source: P.A. 99-121, eff. 7-23-15.)
 

 

 

HB3634- 38 -LRB100 06222 RJF 16257 b

1    (220 ILCS 50/2.1 rep.)
2    (220 ILCS 50/2.1.9 rep.)
3    (220 ILCS 50/5 rep.)
4    Section 10. The Illinois Underground Utility Facilities
5Damage Prevention Act is amended by repealing Sections 2.1,
62.1.9, and 5.

 

 

HB3634- 39 -LRB100 06222 RJF 16257 b

1 INDEX
2 Statutes amended in order of appearance
3    220 ILCS 50/2from Ch. 111 2/3, par. 1602
4    220 ILCS 50/2.1.1 new
5    220 ILCS 50/2.1.2 new
6    220 ILCS 50/2.1.3
7    220 ILCS 50/2.1.4
8    220 ILCS 50/2.1.5
9    220 ILCS 50/2.1.7 new
10    220 ILCS 50/2.1.8 new
11    220 ILCS 50/2.2from Ch. 111 2/3, par. 1602.2
12    220 ILCS 50/2.3from Ch. 111 2/3, par. 1602.3
13    220 ILCS 50/2.4from Ch. 111 2/3, par. 1602.4
14    220 ILCS 50/2.5from Ch. 111 2/3, par. 1602.5
15    220 ILCS 50/2.7
16    220 ILCS 50/2.8
17    220 ILCS 50/2.9
18    220 ILCS 50/2.10
19    220 ILCS 50/2.11
20    220 ILCS 50/2.12 new
21    220 ILCS 50/2.13 new
22    220 ILCS 50/3from Ch. 111 2/3, par. 1603
23    220 ILCS 50/4from Ch. 111 2/3, par. 1604
24    220 ILCS 50/6from Ch. 111 2/3, par. 1606
25    220 ILCS 50/7from Ch. 111 2/3, par. 1607

 

 

HB3634- 40 -LRB100 06222 RJF 16257 b

1    220 ILCS 50/7.5 new
2    220 ILCS 50/8from Ch. 111 2/3, par. 1608
3    220 ILCS 50/9from Ch. 111 2/3, par. 1609
4    220 ILCS 50/10from Ch. 111 2/3, par. 1610
5    220 ILCS 50/11from Ch. 111 2/3, par. 1611
6    220 ILCS 50/11.3
7    220 ILCS 50/12from Ch. 111 2/3, par. 1612
8    220 ILCS 50/13from Ch. 111 2/3, par. 1613
9    220 ILCS 50/14from Ch. 111 2/3, par. 1614
10    220 ILCS 50/2.1 rep.
11    220 ILCS 50/2.1.9 rep.
12    220 ILCS 50/5 rep.