92nd General Assembly
Status of HB2138
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HASSERT.

(WALSH,L-MAHAR-WOOLARD)

   220 ILCS 50/2             from Ch. 111 2/3, par. 1602                       
   220 ILCS 50/2.2           from Ch. 111 2/3, par. 1602.2                     
   220 ILCS 50/2.3           from Ch. 111 2/3, par. 1602.3                     
   220 ILCS 50/2.6 new                                                         
   220 ILCS 50/2.7 new                                                         
   220 ILCS 50/4             from Ch. 111 2/3, par. 1604                       
   220 ILCS 50/5             from Ch. 111 2/3, par. 1605                       
   220 ILCS 50/6             from Ch. 111 2/3, par. 1606                       
   220 ILCS 50/7             from Ch. 111 2/3, par. 1607                       
   220 ILCS 50/8             from Ch. 111 2/3, par. 1608                       
   220 ILCS 50/9             from Ch. 111 2/3, par. 1609                       
   220 ILCS 50/10            from Ch. 111 2/3, par. 1610                       
   220 ILCS 50/11            from Ch. 111 2/3, par. 1611                       
   220 ILCS 50/13            from Ch. 111 2/3, par. 1613                       
   220 ILCS 50/14            from Ch. 111 2/3, par. 1614                       
   220 ILCS 50/11.5 rep.                                                       

        Amends  the  Illinois  Underground  Utility   Facilities   Damage      
   Prevention Act.  Provides immunity from liability for economic damages      
   to persons with respect to the performance or nonperformance of duties      
   under  the  Act.   Provides  immunity from liability to the State-Wide      
   One-Call Notice System for injuries or death or damage caused  in  the      
   performance  of  its  duties.   Limits  municipal  liability.   Limits      
   liability  of  persons  owning,  operating,  or  locating  underground      
   facilities.   Provides that residential property owners are liable for      
   damage  caused  to  the  owner  of  underground  facilities.   Imposes      
   penalties for requesting  an  emergency  location  when  there  is  no      
   emergency.   Imposes  a  duty of due care upon excavators.  Creates an      
   advisory committee to review contested penalties. Effective January 1,      
   2002.                                                                       
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          220 ILCS 50/9                                                        
          220 ILCS 50/11.5 rep.                                                
        Replaces everything after  the  enacting  clause.  Reinserts  the      
   contents  of  the  bill  as  introduced. Deletes provisions precluding      
   liability for economic damages. Provides that the State Wide  One-call      
   Notice System and its agents are not immune from liability arising out      
   of  acts  or  omissions  resulting from willful and wanton misconduct.      
   Provides that members of the Advisory Committee are  not  immune  from      
   liability  arising out of acts or omissions resulting from willful and      
   wanton misconduct. Effective January 1, 2002.                               
        HOUSE AMENDMENT NO. 4.                                                 
          Adds reference to:                                                   
          220 ILCS 50/2.8 new                                                  
        Replaces everything after the enacting clause. Replaces  text  of      
   the  bill  with  provisions identical to House Amendment No. 1.  Makes      
   changes to provide that the term "emergency locate request" refers  to      
   a  situation  constituting  an imminent danger rather than a clear and      
   present danger. Deletes provisions relating to voluntary  location  of      
   facilities  and  immunity  from liability if the voluntary locating is      
   done without charge.   Provides  that  any  method  of  excavation  is      
   permitted if it is conducted in a manner that would avoid interference      
   with  underground facilities.  Provides for review of decisions of the      
   Advisory Committee.  Effective July 1, 2002.                                
   FEB-21-2001  H  FILED WITH CLERK                                               
   FEB-21-2001  H  FIRST READING                                                  
   FEB-21-2001  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   FEB-22-2001  H       ASSIGNED TO COMMITTEE               JUD-CIVIL LAW         
   MAR-15-2001  H                             AMENDMENT NO. 01-JUD-CIVIL LAW H    
   MAR-15-2001  H                                   ADOPTED                       
   MAR-15-2001  H  DO PASS AMENDED/SHORT DEBATE             011-000-000   HJUA    
   MAR-15-2001  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   MAR-22-2001  H                             AMENDMENT NO. 02-HASSERT            
   MAR-22-2001  H                     AMENDMENT REFERRED TO HRUL                  
   MAR-22-2001  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   MAR-23-2001  H                             AMENDMENT NO. 03-HASSERT            
   MAR-23-2001  H                     AMENDMENT REFERRED TO HRUL                  
   MAR-23-2001  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   APR-02-2001  H                             AMENDMENT NO. 04-HASSERT            
   APR-02-2001  H                     AMENDMENT REFERRED TO HRUL                  
   APR-02-2001  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   APR-04-2001  H                             AMENDMENT NO. 04-HASSERT            
   APR-04-2001  H  RECOMMENDS BE ADOPTED                    HRUL/005-000-000      
   APR-04-2001  H  SECOND READING-SHORT DEBATE                                    
   APR-04-2001  H                             AMENDMENT NO. 04-HASSERT            
   APR-04-2001  H                                   ADOPTED                       
   APR-04-2001  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   APR-05-2001  H  TABLED PURSUANT TO RULE 40(a)            HA'S # 2 & 3          
   APR-05-2001  H  THIRD READING/SHORT DEBATE/PASSED        115-000-000           
   APR-06-2001  S  ARRIVE IN SENATE                                               
   APR-06-2001  S  PLACED CALENDAR ORDER OF FIRST READING   01-04-17              
   APR-06-2001  S  CHIEF SPONSOR                            WALSH,L               
   APR-06-2001  S  FIRST READING                                                  
   APR-06-2001  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   APR-18-2001  S       ASSIGNED TO COMMITTEE               ENVIR & ENE           
   APR-25-2001  S       DO PASS                             010-000-000   SENV    
   APR-25-2001  S  PLACED ON CALENDAR ORDER OF 2ND READING  01-04-26              
   APR-25-2001  S  ADDED AS A CHIEF CO-SPONSOR              MAHAR                 
   MAY-01-2001  S  SECOND READING                                                 
   MAY-01-2001  S  PLACED ON CALENDAR ORDER OF 3RD READING  01-05-02              
   MAY-02-2001  S  ADDED AS A CHIEF CO-SPONSOR              WOOLARD               
   MAY-03-2001  S  THIRD READING - PASSED                   055-000-000           
   MAY-03-2001  H  PASSED BOTH HOUSES                                             
   JUN-01-2001  H  SENT TO THE GOVERNOR                                           
   JUL-27-2001  H  GOVERNOR APPROVED                                              
   JUL-27-2001  H                            EFFECTIVE DATE 02-07-01              
   JUL-27-2001  H  PUBLIC ACT.............................. 92-0179               

   END OF INQUIRY 



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