Full Text of HB1135 96th General Assembly
HB1135ham001 96TH GENERAL ASSEMBLY
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Cities & Villages Committee
Filed: 3/10/2009
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09600HB1135ham001 |
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LRB096 04589 RLJ 23327 a |
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| AMENDMENT TO HOUSE BILL 1135
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| AMENDMENT NO. ______. Amend House Bill 1135 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Municipal Code is amended by | 5 |
| adding Section 1-4-9 as follows: | 6 |
| (65 ILCS 5/1-4-9 new) | 7 |
| Sec. 1-4-9. Liability for sanitary sewer overflow. A | 8 |
| municipality shall be liable for damages to real estate caused | 9 |
| by the negligent operation or maintenance of the municipality's | 10 |
| sewer systems or appurtenances. No claim for compensation under | 11 |
| this Section shall be made or action for damages filed against | 12 |
| the municipality unless a notice in writing is filed with the | 13 |
| municipality at least 60 days prior to the filing of any suit | 14 |
| or action. The notice must include (i) the name and residence | 15 |
| address of the owner of the damaged property, (ii) the location | 16 |
| of the damaged property, and (iii) the probable extent of the |
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LRB096 04589 RLJ 23327 a |
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| damage to the property. | 2 |
| Section 10. The Sanitary District Act of 1907 is amended by | 3 |
| adding Section 29.4 as follows: | 4 |
| (70 ILCS 2205/29.4 new) | 5 |
| Sec. 29.4. Liability for sanitary sewer overflow. The | 6 |
| sanitary district shall be liable for damages to real estate | 7 |
| caused by the negligent operation or maintenance of the | 8 |
| sanitary district's sewer systems or appurtenances. No claim | 9 |
| for compensation under this Section shall be made or action for | 10 |
| damages filed against the district unless a notice in writing | 11 |
| is filed with the sanitary district at least 60 days prior to | 12 |
| the filing of any suit or action. The notice must include (i) | 13 |
| the name and residence address of the owner of the damaged | 14 |
| property, (ii) the location of the damaged property, and (iii) | 15 |
| the probable extent of the damage to the property. | 16 |
| Section 15. The North Shore Sanitary District Act is | 17 |
| amended by adding Section 30 as follows: | 18 |
| (70 ILCS 2305/30 new) | 19 |
| Sec. 30. Liability for sanitary sewer overflow. The | 20 |
| sanitary district shall be liable for damages to real estate | 21 |
| caused by the negligent operation or maintenance of the | 22 |
| sanitary district's sewer systems or appurtenances. No claim |
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LRB096 04589 RLJ 23327 a |
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| for compensation under this Section shall be made or action for | 2 |
| damages filed against the district unless a notice in writing | 3 |
| is filed with the sanitary district at least 60 days prior to | 4 |
| the filing of any suit or action. The notice must include (i) | 5 |
| the name and residence address of the owner of the damaged | 6 |
| property, (ii) the location of the damaged property, and (iii) | 7 |
| the probable extent of the damage to the property. | 8 |
| Section 20. The Sanitary District Act of 1917 is amended by | 9 |
| adding Section 32 as follows: | 10 |
| (70 ILCS 2405/32 new) | 11 |
| Sec. 32. Liability for sanitary sewer overflow. The | 12 |
| sanitary district shall be liable for damages to real estate | 13 |
| caused by the negligent operation or maintenance of the | 14 |
| sanitary district's sewer systems or appurtenances. No claim | 15 |
| for compensation under this Section shall be made or action for | 16 |
| damages filed against the district unless a notice in writing | 17 |
| is filed with the sanitary district at least 60 days prior to | 18 |
| the filing of any suit or action. The notice must include (i) | 19 |
| the name and residence address of the owner of the damaged | 20 |
| property, (ii) the location of the damaged property, and (iii) | 21 |
| the probable extent of the damage to the property. | 22 |
| Section 25. The Sanitary District Act of 1936 is amended by | 23 |
| adding Section 94 as follows: |
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LRB096 04589 RLJ 23327 a |
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| (70 ILCS 2805/94 new) | 2 |
| Sec. 94. Liability for sanitary sewer overflow. The | 3 |
| sanitary district shall be liable for damages to real estate | 4 |
| caused by the negligent operation or maintenance of the | 5 |
| sanitary district's sewer systems or appurtenances. No claim | 6 |
| for compensation under this Section shall be made or action for | 7 |
| damages filed against the district unless a notice in writing | 8 |
| is filed with the sanitary district at least 60 days prior to | 9 |
| the filing of any suit or action. The notice must include (i) | 10 |
| the name and residence address of the owner of the damaged | 11 |
| property, (ii) the location of the damaged property, and (iii) | 12 |
| the probable extent of the damage to the property. | 13 |
| Section 30. The Local Governmental and Governmental | 14 |
| Employees Tort
Immunity Act is amended by changing Section | 15 |
| 2-101 as follows:
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| (745 ILCS 10/2-101) (from Ch. 85, par. 2-101)
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| Sec. 2-101.
Nothing in this Act affects the right to obtain | 18 |
| relief
other than damages against a local public entity or | 19 |
| public employee.
Nothing in this Act affects the liability, if | 20 |
| any, of a local public
entity or public employee, based on:
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| a contract;
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| b operation as a common carrier; and this Act does not | 23 |
| apply to any
entity organized under or subject to the |
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| "Metropolitan Transit Authority
Act", approved April 12, 1945, | 2 |
| as amended;
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| c The "Workers' Compensation Act", approved July 9, 1951, | 4 |
| as
heretofore or hereafter amended;
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| d The "Workers' Occupational Diseases Act", approved July | 6 |
| 9, 1951,
as heretofore or hereafter amended;
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| e Section 1-4-7 of the "Illinois Municipal Code", approved | 8 |
| May 29,
1961, as heretofore or hereafter amended.
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| f The "Illinois Uniform Conviction Information Act", | 10 |
| enacted by the
85th General Assembly, as heretofore or | 11 |
| hereafter amended. | 12 |
| g Section 1-4-9 of the "Illinois Municipal Code" as | 13 |
| heretofore or hereafter amended. | 14 |
| h Section 29.4 of the "Sanitary District Act of 1907" as | 15 |
| heretofore or hereafter amended. | 16 |
| i Section 30 of the "North Shore Sanitary District Act" as | 17 |
| heretofore or hereafter amended. | 18 |
| j Section 32 of the "Sanitary District Act of 1917" as | 19 |
| heretofore or hereafter amended. | 20 |
| k Section 94 of the "Sanitary District Act of 1936" as | 21 |
| heretofore or hereafter amended.
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| (Source: P.A. 85-922.)
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.".
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