HB1135ham001 96TH GENERAL ASSEMBLY

Cities & Villages Committee

Filed: 3/10/2009

09600HB1135ham001 LRB096 04589 RLJ 23327 a

AMENDMENT TO HOUSE BILL 1135

AMENDMENT NO. ______. Amend House Bill 1135 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Municipal Code is amended by adding Section 1-4-9 as follows:

(65 ILCS 5/1-4-9 new)

Sec. 1-4-9. Liability for sanitary sewer overflow. A municipality shall be liable for damages to real estate caused by the negligent operation or maintenance of the municipality's sewer systems or appurtenances. No claim for compensation under this Section shall be made or action for damages filed against the municipality unless a notice in writing is filed with the municipality at least 60 days prior to the filing of any suit or action. The notice must include (i) the name and residence address of the owner of the damaged property, (ii) the location of the damaged property, and (iii) the probable extent of the damage to the property.

Section 10. The Sanitary District Act of 1907 is amended by adding Section 29.4 as follows:

(70 ILCS 2205/29.4 new)

Sec. 29.4. Liability for sanitary sewer overflow. The sanitary district shall be liable for damages to real estate caused by the negligent operation or maintenance of the sanitary district's sewer systems or appurtenances. No claim for compensation under this Section shall be made or action for damages filed against the district unless a notice in writing is filed with the sanitary district at least 60 days prior to the filing of any suit or action. The notice must include (i) the name and residence address of the owner of the damaged property, (ii) the location of the damaged property, and (iii) the probable extent of the damage to the property.

Section 15. The North Shore Sanitary District Act is amended by adding Section 30 as follows:

(70 ILCS 2305/30 new)

Sec. 30. Liability for sanitary sewer overflow. The sanitary district shall be liable for damages to real estate caused by the negligent operation or maintenance of the sanitary district's sewer systems or appurtenances. No claim for compensation under this Section shall be made or action for damages filed against the district unless a notice in writing is filed with the sanitary district at least 60 days prior to the filing of any suit or action. The notice must include (i) the name and residence address of the owner of the damaged property, (ii) the location of the damaged property, and (iii) the probable extent of the damage to the property.

Section 20. The Sanitary District Act of 1917 is amended by adding Section 32 as follows:

(70 ILCS 2405/32 new)

Sec. 32. Liability for sanitary sewer overflow. The sanitary district shall be liable for damages to real estate caused by the negligent operation or maintenance of the sanitary district's sewer systems or appurtenances. No claim for compensation under this Section shall be made or action for damages filed against the district unless a notice in writing is filed with the sanitary district at least 60 days prior to the filing of any suit or action. The notice must include (i) the name and residence address of the owner of the damaged property, (ii) the location of the damaged property, and (iii) the probable extent of the damage to the property.

Section 25. The Sanitary District Act of 1936 is amended by adding Section 94 as follows:

(70 ILCS 2805/94 new)

Sec. 94. Liability for sanitary sewer overflow. The sanitary district shall be liable for damages to real estate caused by the negligent operation or maintenance of the sanitary district's sewer systems or appurtenances. No claim for compensation under this Section shall be made or action for damages filed against the district unless a notice in writing is filed with the sanitary district at least 60 days prior to the filing of any suit or action. The notice must include (i) the name and residence address of the owner of the damaged property, (ii) the location of the damaged property, and (iii) the probable extent of the damage to the property.

Section 30. The Local Governmental and Governmental Employees Tort Immunity Act is amended by changing Section 2-101 as follows:

(745 ILCS 10/2-101) (from Ch. 85, par. 2-101)

Sec. 2-101. Nothing in this Act affects the right to obtain relief other than damages against a local public entity or public employee. Nothing in this Act affects the liability, if any, of a local public entity or public employee, based on:

a contract;

b operation as a common carrier; and this Act does not apply to any entity organized under or subject to the "Metropolitan Transit Authority Act", approved April 12, 1945, as amended;

c The "Workers' Compensation Act", approved July 9, 1951, as heretofore or hereafter amended;

d The "Workers' Occupational Diseases Act", approved July 9, 1951, as heretofore or hereafter amended;

e Section 1-4-7 of the "Illinois Municipal Code", approved May 29, 1961, as heretofore or hereafter amended.

f The "Illinois Uniform Conviction Information Act", enacted by the 85th General Assembly, as heretofore or hereafter amended.

g Section 1-4-9 of the "Illinois Municipal Code" as heretofore or hereafter amended.

h Section 29.4 of the "Sanitary District Act of 1907" as heretofore or hereafter amended.

i Section 30 of the "North Shore Sanitary District Act" as heretofore or hereafter amended.

j Section 32 of the "Sanitary District Act of 1917" as heretofore or hereafter amended.

k Section 94 of the "Sanitary District Act of 1936" as heretofore or hereafter amended.

(Source: P.A. 85-922.)

Section 99. Effective date. This Act takes effect upon becoming law.".