State of Illinois
90th General Assembly
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90_HB3553

      220 ILCS 50/11.6 new
          Amends the Illinois Underground Utility Facilities Damage
      Prevention Act.  Requires the Illinois Commerce Commission to
      establish penalties for requesting emergency locating service
      when no emergency exists, failure of utility locators to make
      location determinations at least 48 hours before the start of
      excavation  or  demolition,  and  the  failure   of   owners,
      operators,  and  persons engaged in excavation and demolition
      activities to attend scheduled meetings.
                                                     LRB9009821JSmg
                                               LRB9009821JSmg
 1        AN  ACT  to  amend  the  Illinois   Underground   Utility
 2    Facilities Damage Prevention Act by adding Section 11.6.
 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 11.6 as
 7    follows:
 8        (220 ILCS 50/11.6 new)
 9        Sec. 11.6.  Additional penalties.   In  addition  to  the
10    penalties  provided  in  Section  11,  the  Illinois Commerce
11    Commission  shall  by  rule  establish  penalties   for   the
12    following acts or omissions:
13             (1)  requests made to the State-Wide One-Call Notice
14        System  for  locating services on an emergency basis when
15        no emergency exists;
16             (2)  failure of owners and operators or  the  person
17        they   have  designated  to  determine  the  location  of
18        underground facilities at least 48 hours before the start
19        of excavation or demolition; and
20             (3)  failure  of  owners  and  operators  or   their
21        designated  representative  to  attend scheduled meetings
22        with  persons  engaged  in   excavation   or   demolition
23        activities.
24        The  penalties  established  under  this Section shall be
25    recovered in the manner provided for the  recovery  of  fines
26    under  Section  11.  Penalties established under this Section
27    shall be a fixed amount of not less than $300  and  not  more
28    than $750.

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