State of Illinois
90th General Assembly

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[ Introduced ]


      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.
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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