SB2525 97TH GENERAL ASSEMBLY

LRB097 14724 KMW 59723 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2525

Introduced 11/9/2011, by Sen. Martin A. Sandoval

SYNOPSIS AS INTRODUCED:

70 ILCS 2605/19

from Ch. 42, par. 339

Amends the Metropolitan Water Reclamation District Act. Provides that the district is liable for damages or loss to real estate or personal property caused in whole or in part by the operations of the sanitary district whether the damages or loss are caused by the overflow of the sanitary district's channels, ditches, drains, outlets, or other improvements, or whether the damages or loss result from the district's use, maintenance, construction, or repair of the same or other equipment or facilities. Further provides that an owner or permitted user of real estate may submit a claim for reimbursement rather than bringing action to recover damages. Sets forth the requirements for the claim and damages awarded. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Metropolitan Water Reclamation District Act is amended by changing Section 19 as follows:

(70 ILCS 2605/19) (from Ch. 42, par. 339)

Sec. 19. Sanitary district liability.

(a) Every sanitary district shall be liable for all damages to real estate within or without such district which shall be overflowed or otherwise damaged by reason of the construction, enlargement or use of any channel, ditch, drain, outlet or other improvement under the provisions of this Act. The liability imposed by this Section shall be broadly construed and shall include any damages or loss to real estate or personal property caused in whole or in part by the operations of the sanitary district, whether the damages or losses are caused by the overflow of the sanitary district's channels, ditches, drains, outlets, or other improvements, or whether the damages or losses result from the sanitary district's use, maintenance, construction, or repair of the same or other equipment or facilities that are used by the sanitary district. The right to recovery established by this Section applies, without limitation, to all owners and permitted users of real estate that are subject to the property tax levied by the sanitary district. The provisions of the Local Governmental and Governmental Tort Immunity Act shall not relieve the sanitary district of any liability imposed by this Section. Actions act ; and actions to recover such damages may be brought in the county where such real estate is situated, or in the county where such sanitary district is located, at the option of the party claiming to be injured. And in case judgment is rendered against such district for damage, the plaintiff shall also recover his reasonable attorneys' fees to be taxed as costs of suit: Provided, however, it shall appear on the hearing of plaintiff's motion to tax such attorney's fees, that the plaintiff notified the trustees of such district, in writing, at least 60 days before suit was commenced by leaving a copy of such notice with some one of the trustees of such district, stating that he claims damages to the amount of .... dollars by reason of (here insert the cause of damage) and intends to sue for the same: And, provided further, that the amount recovered shall be larger than the amount offered by said trustees (if anything) as a compromise for damages sustained.

(b) An owner or permitted user of real estate entitled to recover damages pursuant to this Section may submit a claim for reimbursement to the Executive Director of the board for the dollar amount expended to replace or repair the damaged real estate or personal property as an alternative to bringing an action to recover damages and attorneys' fees. The acceptance and payment of a claim for reimbursement shall operate as a waiver of the owner's or permitted user's right to initiate an action to recover damages or loss arising from the same incident. The maximum amount of any reimbursement shall be the dollar amount of property tax levied by the sanitary district on the damaged real estate in the immediately preceding tax year or, where the claimant is not the owner of the damaged real estate, a pro rata share of the dollar amount of property tax levied on the damaged real estate by the sanitary district in the immediately preceding tax year based upon the claimant's proportionate use of the damaged real estate. A claim for reimbursement shall be supported by receipts detailing the amount expended for the replacement or repair of the damaged real estate or personal property. The Executive Director shall cause reimbursement to be made within 90 calendar days after the Executive Director's receipt of a properly supported claim for reimbursement. The Executive Director shall promulgate any additional rules and regulations deemed necessary for the reimbursement process.

(Source: Laws 1907, p. 284.)

Section 99. Effective date. This Act takes effect upon becoming law.