Full Text of HB1135 96th General Assembly
HB1135 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB1135
Introduced 2/11/2009, by Rep. Michael W. Tryon SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/1-4-9 new |
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745 ILCS 10/2-101 |
from Ch. 85, par. 2-101 |
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Amends the Illinois Municipal Code. Provides that municipalities shall be liable for damages to real estate within or outside of the corporate boundaries of the municipality damaged by overflow or otherwise damaged by reason of the construction, enlargement or use of any channel, ditch, drain, outlet, or other improvement by the municipality. Provides that, if judgment is rendered against a municipality for damages, then the plaintiff may recover reasonable attorneys' fees. Specifies notice requirements. Amends the Local Governmental and Governmental Employees Tort
Immunity Act. Provides that municipalities shall be liable for damages to real estate within or outside of the corporate boundaries of the municipality damaged under certain specified circumstances. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB1135 |
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LRB096 04589 RLJ 14646 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by adding | 5 |
| Section 1-4-9 as follows: | 6 |
| (65 ILCS 5/1-4-9 new) | 7 |
| Sec. 1-4-9. Liability for water overflow. Municipalities | 8 |
| shall be liable for all damages to real estate within or | 9 |
| outside of the corporate boundaries of the municipality which | 10 |
| shall be overflowed or otherwise damaged by reason of the | 11 |
| construction, enlargement or use of any channel, ditch, drain, | 12 |
| outlet, or other improvement by the municipality; and actions | 13 |
| to recover such damages may be brought in the county where such | 14 |
| real estate is situated. If judgment is rendered against such | 15 |
| municipality for damages, then the plaintiff may recover | 16 |
| reasonable attorneys' fees. Provided, however, it shall appear | 17 |
| in the plaintiff's motion for attorney's fees, that the | 18 |
| plaintiff notified the corporate authorities of the | 19 |
| municipality, in writing, at least 60 days before the suit was | 20 |
| commenced by leaving a copy of such notice with at least one | 21 |
| member of the corporate authority of the municipality, stating | 22 |
| that he or she claims damages to the amount of (dollars) by | 23 |
| reason of (the cause of damage) and intends to sue for the |
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HB1135 |
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LRB096 04589 RLJ 14646 b |
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| same. The amount recovered by the plaintiff must be larger than | 2 |
| the amount offered by the corporate authorities of the | 3 |
| municipality (if anything) as a compromise for damages | 4 |
| sustained. | 5 |
| Section 10. The Local Governmental and Governmental | 6 |
| Employees Tort
Immunity Act is amended by changing Section | 7 |
| 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 | 10 |
| relief
other than damages against a local public entity or | 11 |
| public employee.
Nothing in this Act affects the liability, if | 12 |
| 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 | 15 |
| apply to any
entity organized under or subject to the | 16 |
| "Metropolitan Transit Authority
Act", approved April 12, 1945, | 17 |
| as amended;
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| c The "Workers' Compensation Act", approved July 9, 1951, | 19 |
| as
heretofore or hereafter amended;
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| d The "Workers' Occupational Diseases Act", approved July | 21 |
| 9, 1951,
as heretofore or hereafter amended;
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| e Section 1-4-7 of the "Illinois Municipal Code", approved | 23 |
| May 29,
1961, as heretofore or hereafter amended ; .
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| f The "Illinois Uniform Conviction Information Act", |
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HB1135 |
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LRB096 04589 RLJ 14646 b |
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| enacted by the
85th General Assembly, as heretofore or | 2 |
| hereafter amended ; . | 3 |
| g Section 1-4-9 of the "Illinois Municipal Code" as | 4 |
| 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 | 7 |
| becoming law.
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