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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.