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90_HB0234eng 220 ILCS 50/11.5 new Amends the Illinois Underground Utility Facilities Damage Prevention Act. Provides that a municipality's liability for indemnification of the System is limited to claims arising out of the acts or omissions of the municipality, its officers, agents, or employees or out of the operations of the municipality's underground utility facilities. LRB9000654JSgc HB0234 Engrossed LRB9000654JSgc 1 AN ACT to amend the Illinois Underground Utility 2 Facilities Damage Prevention Act by adding Section 11.5. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Underground Utility Facilities 6 Damage Prevention Act is amended by adding Section 11.5 as 7 follows: 8 (220 ILCS 50/11.5 new) 9 Sec. 11.5. Limitation on liability. 10 (a) In joining the State-Wide One-Call Notice System, a 11 municipality's liability, under any membership agreement 12 rules and regulations, for the indemnification of (i) the 13 entity that is in charge of or managing the System or any 14 officer, agent, or employee of that entity or (ii) a member 15 of the System or any officer, agent, or employee of a member 16 of the System shall be limited to claims arising as a result 17 of the acts or omissions of the municipality or its officers, 18 agents, or employees or arising out of the operations of the 19 municipality's underground utility facilities. 20 (b) Subsection (a) shall not be construed to create any 21 additional liability for a municipality in relation to any 22 member of the System with which the municipality may have 23 entered into a franchise agreement. If a municipality's 24 liability for indemnification under a franchise agreement is 25 narrower than under this Section, the franchise agreement 26 controls.
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