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92_HB2138ham004
LRB9205929JSpcam02
1 AMENDMENT TO HOUSE BILL 2138
2 AMENDMENT NO. . Amend House Bill 2138, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Illinois Underground Utility Facilities
6 Damage Prevention Act is amended by changing Sections 2, 2.2,
7 2.3, 4, 5, 6, 7, 8, 10, 11, 13, and 14 and adding Sections
8 2.6, 2.7, and 2.8 as follows:
9 (220 ILCS 50/2) (from Ch. 111 2/3, par. 1602)
10 Sec. 2. Definitions. As used in this Act, unless the
11 context clearly otherwise requires, the terms specified in
12 Sections 2.1 through 2.8 2.5 have the meanings ascribed to
13 them in those Sections.
14 (Source: P.A. 86-674.)
15 (220 ILCS 50/2.2) (from Ch. 111 2/3, par. 1602.2)
16 Sec. 2.2. Underground utility facilities. "Underground
17 utility facilities" or "facilities" means and includes wires,
18 ducts, fiber optic cable, conduits, pipes, sewers, and cables
19 and their connected appurtenances installed beneath the
20 surface of the ground by a public utility (as is defined in
21 the Illinois Public Utilities Act, as amended), or by a
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1 municipally owned or mutually owned utility providing a
2 similar utility service, except an electric cooperative as
3 defined in the Illinois Public Utilities Act, as amended, or
4 by a pipeline entity transporting gases, crude oil, petroleum
5 products, or other hydrocarbon materials within the State or
6 by a telecommunications carrier as defined in the Universal
7 Telephone Service Protection Law of 1985, or by a company
8 described in Section 1 of "An Act relating to the powers,
9 duties and property of telephone companies", approved May 16,
10 1903, as amended, or by a community antenna television
11 system, hereinafter referred to as "CATS", as defined in the
12 Illinois Municipal Code, as amended.
13 (Source: P.A. 86-674.)
14 (220 ILCS 50/2.3) (from Ch. 111 2/3, par. 1602.3)
15 Sec. 2.3. Excavation. "Excavation" means any operation
16 in which earth, rock, or other material in or on the ground
17 is moved, removed, or otherwise displaced by means of any
18 tools, power equipment or explosives, and includes, without
19 limitation, grading, trenching, digging, ditching, drilling,
20 augering, boring, tunneling, scraping, cable or pipe plowing,
21 and driving but does not include farm tillage operations or
22 railroad right-of-way maintenance or operations or coal
23 mining operations regulated under the Federal Surface Mining
24 Control and Reclamation Act of 1977 or any State law or rules
25 or regulations adopted under the federal statute, or land
26 surveying operations as defined in the Illinois Professional
27 Land Surveyor Act of 1989 when not using power equipment.
28 (Source: P.A. 86-674; 86-1195; 87-125.)
29 (220 ILCS 50/2.6 new)
30 Sec. 2.6. Emergency locate request. "Emergency locate
31 request" means a locate request for any condition
32 constituting an imminent danger to life, health, or property,
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1 or a utility service outage, and which requires immediate
2 repair or action.
3 (220 ILCS 50/2.7 new)
4 Sec. 2.7. Tolerance zone. "Tolerance zone" means the
5 approximate location of underground utility facilities or
6 CATS facilities defined as a strip of land at least 3 feet
7 wide, but not wider than the width of the underground
8 facility or CATS facility plus 1-1/2 feet on either side of
9 such facility based upon the markings made by the owner or
10 operator of the facility. Excavation within the tolerance
11 zone requires extra care and precaution including, but not
12 limited to, as set forth in Section 4.
13 (220 ILCS 50/2.8 new)
14 Sec. 2.8. Approximate location. "Approximate location"
15 means a strip of land at least 3 feet wide, but not wider
16 than the width of the underground facility or CATS facility
17 plus 1.5 feet on either side of the facility.
18 (220 ILCS 50/4) (from Ch. 111 2/3, par. 1604)
19 Sec. 4. Required activities. Every person who engages
20 in nonemergency excavation or demolition shall:
21 (a) take reasonable action to inform himself of the
22 location of any underground utility facilities or CATS
23 facilities in and near the area for which such operation is
24 to be conducted;
25 (b) plan the excavation or demolition to avoid or
26 minimize interference with underground utility facilities or
27 CATS facilities within the tolerance zone by utilizing such
28 precautions that include, but are not limited to, hand
29 excavation, vacuum excavation methods, and visually
30 inspecting the excavation while in progress until clear of
31 the existing marked facility in and near the construction
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1 area;
2 (c) if practical, use white paint, flags, stakes, or
3 both, to outline the dig site;
4 (d) (c) provide notice not more than 14 days nor less
5 than 48 hours (exclusive of Saturdays, Sundays and holidays)
6 in advance of the start of the excavation or demolition to
7 the owners or operators of the underground utility facilities
8 or CATS facilities in and near the excavation or demolition
9 area through the State-Wide One-Call Notice System or, in the
10 case of nonemergency excavation or demolition within the
11 boundaries of a municipality of at least one million persons
12 which operates its own one-call notice system, through the
13 one-call notice system which operates in that municipality;
14 (e) (d) provide, during and following excavation or
15 demolition, such support for existing underground utility
16 facilities or CATS facilities in and near the excavation or
17 demolition area as may be reasonably necessary for the
18 protection of such facilities unless otherwise agreed to by
19 the owner or operator of the underground facility or CATS
20 facility; and
21 (f) (e) backfill all excavations in such manner and with
22 such materials as may be reasonably necessary for the
23 protection of existing underground utility facilities or CATS
24 facilities in and near the excavation or demolition area.
25 At a minimum, the notice required under clause (d) (c)
26 shall provide:
27 (1) the person's name, address, and (i) phone
28 number at which a person message can be reached and left
29 or (ii) fax number;
30 (2) the start date of the planned excavation or
31 demolition;
32 (3) the address at which the excavation or
33 demolition will take place; and
34 (4) the type and extent of the work involved; and.
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1 (5) section/quarter sections when the above
2 information does not allow the State-Wide One-Call Notice
3 System to determine the appropriate geographic
4 section/quarter sections. This item (5) does not apply
5 to residential property owners.
6 Nothing in this Section prohibits the use of any method
7 of excavation if conducted in a manner that would avoid
8 interference with underground utility facilities or CATS
9 facilities.
10 (Source: P.A. 87-125; 88-578, effective date changed to
11 7-1-95 by P.A. 88-681.)
12 (220 ILCS 50/5) (from Ch. 111 2/3, par. 1605)
13 Sec. 5. Notice of preconstruction conference. When the
14 Illinois Department of Transportation notifies an owner or
15 operator of an underground utility facility or CATS facility
16 that the Department will conduct a preconstruction conference
17 concerning new construction, reconstruction, or maintenance
18 of State highways in and near the area in which such owner or
19 operator has placed underground utility facilities, such
20 notification shall, except as otherwise provided in this
21 Section constitute compliance by the Department or its
22 contractors with paragraphs (a), (b), and (d) (c) of Section
23 4 of this Act. In instances when notification of a
24 preconstruction conference is provided to the owner or
25 operator of an underground utility facility or CATS facility
26 but no specific date is established at the preconstruction
27 conference for the new construction, reconstruction or
28 maintenance of State highways in and near the area in which
29 the owner or operator has placed underground utility
30 facilities or CATS facilities, then the Department or its
31 contractors shall later comply with paragraph (d) (c) of
32 Section 4 of this Act.
33 (Source: P.A. 86-674.)
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1 (220 ILCS 50/6) (from Ch. 111 2/3, par. 1606)
2 Sec. 6. Emergency excavation or demolition.
3 (a) Every person who engages in emergency excavation or
4 demolition outside of the boundaries of a municipality of at
5 least one million persons which operates its own one-call
6 notice system shall take all reasonable precautions to avoid
7 or minimize interference between the emergency work and
8 existing underground utility facilities or CATS facilities in
9 and near the excavation or demolition area, through the
10 State-Wide One-Call Notice System, and shall notify, as far
11 in advance as possible, the owners or operators of such
12 underground utility facilities or CATS facilities in and near
13 the emergency excavation or demolition area, through the
14 State-Wide One-Call Notice System. At a minimum, the notice
15 required under this subsection (a) shall provide:
16 (1) the person's name, address, and (i) phone
17 number at which a person can be reached and (ii) fax
18 number;
19 (2) the start date of the planned emergency
20 excavation or demolition;
21 (3) the address at which the excavation or
22 demolition will take place; and
23 (4) the type and extent of the work involved.
24 A 2-hour wait time exists after an emergency locate
25 notification request is made through the State-Wide One-Call
26 Notice System. If the conditions at the site dictate an
27 earlier start than the 2-hour wait time, it is the
28 responsibility of the excavator to demonstrate that site
29 conditions warranted this earlier start time.
30 (b) Every person who engages in emergency excavation or
31 demolition within the boundaries of a municipality of at
32 least one million persons which operates its own one-call
33 notice system shall take all reasonable precautions to avoid
34 or minimize interference between the emergency work and
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1 existing underground utility facilities or CATS facilities in
2 and near the excavation or demolition area, through the
3 municipality's one-call notice system, and shall notify, as
4 far in advance as possible, the owners and operators of
5 underground utility facilities or CATS facilities in and near
6 the emergency excavation or demolition area, through the
7 municipality's one-call notice system.
8 (c) The reinstallation of traffic control devices shall
9 be deemed an emergency for purposes of this Section.
10 (Source: P.A. 86-674; 87-125.)
11 (220 ILCS 50/7) (from Ch. 111 2/3, par. 1607)
12 Sec. 7. Damage or dislocation. In the event of any
13 damage to or dislocation of any underground utility
14 facilities or CATS facilities in connection with any
15 excavation or demolition, emergency or nonemergency, the
16 person responsible for the excavation or demolition
17 operations shall immediately notify the affected utility and
18 the State-Wide One-Call Notice System owner of such
19 facilities.
20 (Source: P.A. 86-674.)
21 (220 ILCS 50/8) (from Ch. 111 2/3, par. 1608)
22 Sec. 8. Liability or financial responsibility.
23 (a) Nothing in this Act shall be deemed to affect or
24 determine the financial responsibility for any operation
25 under this Act or liability of any person for any damages
26 that occur unless specifically stated otherwise.
27 (b) Nothing in this Act shall be deemed to provide for
28 liability or financial responsibility of the Department of
29 Transportation, its officers and employees concerning any
30 underground utility facility or CATS facility located on
31 highway right-of-way by permit issued under the provisions of
32 Section 9-113 of the Illinois Highway Code. It is not the
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1 intent of this Act to change any remedies in law regarding
2 the duty of providing lateral support.
3 (c) Neither the State-Wide One-Call Notice System nor
4 any of its officers, agents, or employees shall be liable for
5 damages for injuries or death to persons or damage to
6 property caused by acts or omissions in the receipt,
7 recording, or transmission of locate requests or other
8 information in the performance of its duties as the
9 State-Wide One-Call Notice System, unless the act or omission
10 was the result of willful and wanton misconduct.
11 (d) Any residential property owner who fails to comply
12 with any provision of this Act and damages underground
13 utility facilities or CATS facilities while engaging in
14 excavation or demolition on such residential property shall
15 not be subject to a penalty under this Act, but shall be
16 liable for the damage caused to the owner or operator of the
17 damaged underground utility facilities or CATS facilities.
18 (Source: P.A. 86-674; 87-125.)
19 (220 ILCS 50/10) (from Ch. 111 2/3, par. 1610)
20 Sec. 10. Record of notice; marking of facilities. Upon
21 notice by the person engaged in excavation or demolition, the
22 person owning or operating underground utility facilities or
23 CATS facilities in or near the excavation or demolition area
24 shall cause a written record to be made of the notice and
25 shall mark, within 48 hours (excluding Saturdays, Sundays and
26 holidays) of receipt of notice, the approximate locations of
27 such facilities so as to enable the person excavating or
28 demolishing to establish the location of the underground
29 utility facilities or CATS facilities.
30 All persons subject to the requirements of this Act shall
31 plan and conduct their work consistent with reasonable
32 business practices. Conditions may exist making it
33 unreasonable to request that locations be marked within 48
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1 hours. It is unreasonable to request owners and operators of
2 underground utility facilities and CATS facilities to locate
3 all of their facilities in an affected area upon short notice
4 in advance of a large or extensive nonemergency project, or
5 to request extensive locates in excess of a reasonable
6 excavation or demolition work schedule, or to request locates
7 under conditions where a repeat request is likely to be made
8 because of the passage of time or adverse job conditions.
9 Owners and operators of underground utility facilities and
10 CATS facilities must reasonably anticipate seasonal
11 fluctuations in the number of locate requests and staff
12 accordingly. Marking need not be accomplished more than 48
13 hours in advance of the time excavation or demolition of
14 daily segments of the excavation or demolition are scheduled
15 to begin.
16 If a person owning or operating underground utility
17 facilities or CATS facilities receives a notice under this
18 Section but does not own or operate any underground utility
19 facilities or CATS facilities within the proposed excavation
20 or demolition area described in the notice, that person,
21 within 48 hours (excluding Saturdays, Sundays, and holidays)
22 after receipt of the notice, shall so notify the person
23 engaged in excavation or demolition who initiated the notice,
24 unless the person who initiated the notice expressly waives
25 the right to be notified that no facilities are located
26 within the excavation or demolition area. The notification
27 by the owner or operator of underground utility facilities or
28 CATS facilities to the person engaged in excavation or
29 demolition may be provided in any reasonable manner
30 including, but not limited to, notification in any one of the
31 following ways: by face-to-face communication; by phone or
32 phone message; by facsimile; by posting in the excavation or
33 demolition area; or by marking the excavation or demolition
34 area. The owner or operator of those facilities has
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1 discharged the owner's or operator's obligation to provide
2 notice under this Section if the owner or operator attempts
3 to provide notice by telephone or by facsimile, if the person
4 has supplied a facsimile number, but is unable to do so
5 because the person engaged in the excavation or demolition
6 does not answer his or her telephone or does not have an
7 answering machine or answering service to receive the
8 telephone call or does not have a facsimile machine in
9 operation to receive the facsimile transmission. If the
10 owner or operator attempts to provide notice by telephone or
11 by facsimile but receives a busy signal, that attempt shall
12 not serve to discharge the owner or operator of the
13 obligation to provide notice under this Section.
14 A person engaged in excavation or demolition may
15 expressly waive the right to notification from the owner or
16 operator of underground utility facilities or CATS facilities
17 that the owner or operator has no facilities located in the
18 proposed excavation or demolition area. Waiver of notice is
19 only permissible in the case of regular or nonemergency
20 locate requests. The waiver must be made at the time of the
21 notice to the State-Wide One-Call Notice System. A waiver
22 made under this Section is not admissible as evidence in any
23 criminal or civil action that may arise out of, or is in any
24 way related to, the excavation or demolition that is the
25 subject of the waiver.
26 For the purposes of this Act, underground facility
27 operators may utilize a combination of flags, stakes, and
28 paint when possible on non-paved surfaces and when dig site
29 and seasonal conditions warrant the "approximate location" of
30 underground utility facilities or CATS facilities is defined
31 as a strip of land at least 3 feet wide but not wider than
32 the width of the underground facility or CATS facility plus 1
33 1/2 feet on either side of such facility. If the approximate
34 location of an underground utility facility or CATS facility
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1 is marked with stakes or other physical means, the following
2 color coding shall be employed:
3 Utility or Community Antenna Identification Color
4 Television Systems and Type
5 of Product
6 Electric Power, Distribution and
7 Transmission...................... Safety Red
8 Municipal Electric Systems............ Safety Red
9 Gas Distribution and Transmission..... High Visibility
10 Safety Yellow
11 Oil Distribution and Transmission..... High Visibility
12 Safety Yellow
13 Telephone and Telegraph Systems....... Safety Alert Orange
14 Community Antenna Television Systems.. Safety Alert Orange
15 Water Systems......................... Safety
16 Precaution Blue
17 Sewer Systems......................... Safety Green
18 Non-potable Water and Slurry Lines.... Safety Purple
19 Temporary Survey...................... Safety Pink
20 Proposed Excavation................... Safety White
21 (Source: P.A. 86-674; 88-578 (effective date changed to
22 7-1-95 by P.A. 88-681); 88-681, eff. 7-1-95.)
23 (220 ILCS 50/11) (from Ch. 111 2/3, par. 1611)
24 Sec. 11. Penalties; liability; fund.
25 (a) Every person who, while engaging in excavation or
26 demolition, wilfully fails to comply with the Act by failing
27 to provide the notice to the owners or operators of the
28 underground facilities or CATS facility near the excavation
29 or demolition area through the State-Wide One-Call Notice
30 System as required by Section 4 of this Act and damages any
31 underground utility facilities or CATS facilities, shall be
32 subject to a penalty fine of up to $5,000 no more than $200
33 for each separate offense and shall be liable for the damage
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1 caused to the owners or operators of the facility.
2 (b) Every person who, while engaging in excavation or
3 demolition, and has provided the notice to the owners or
4 operators of the underground utility facilities or CATS
5 facilities in and near the excavation or demolition area
6 through the State-Wide One-Call Notice System as required by
7 Section 4 of this Act, but otherwise wilfully fails to comply
8 with this Act and damages any underground utility facilities
9 or CATS facilities, shall be subject to a penalty fine of up
10 to $2,500 no more than $100 for each separate offense and
11 shall be liable for the damage caused to the owners or
12 operators of the facility.
13 (c) Every person who, while engaging in excavation or
14 demolition, and has provided the notice to the owners or
15 operators of the underground utility facilities or CATS
16 facilities in and near the excavation or demolition area
17 through the State-Wide One-Call Notice System as required by
18 Section 4 of this Act, but otherwise, while acting
19 reasonably, damages any underground utility facilities or
20 CATS facilities, shall not be subject to a penalty, fine but
21 shall be liable for the damage caused to the owners or
22 operators of the facility provided the underground utility
23 facility or CATS facility is properly marked as provided in
24 Section 10 of this Act.
25 (d) Every person who, while engaging in excavation or
26 demolition, provides notice to the owners or operators of the
27 underground utility facilities or CATS facilities through the
28 State-Wide One-Call Notice System as an emergency locate
29 request and the locate request is not an emergency locate
30 request as defined in Section 2.6 of this Act shall be
31 subject to a penalty of up to $2,500 for each separate
32 offense.
33 (e) Owners and operators of underground utility
34 facilities or CATS community antenna television systems
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1 facilities who wilfully fail to comply with this Act by a
2 failure to mark or to properly mark the location of an
3 underground utility or CATS facility, after being notified of
4 planned excavation or demolition through the State-Wide
5 One-Call Notice System, shall be subject to a penalty fine of
6 up to $5,000 no more than $200 for each separate offense each
7 violation resulting from the failure to mark or properly mark
8 an underground utility facility or CATS facility. No person
9 shall be subject to such fine if the owner or operator of the
10 underground utility facilities erred in marking or failed to
11 mark such facilities as provided in Section 10 of this Act
12 and no willful damage has been committed.
13 (f) As provided in Section 3 of this Act, all owners or
14 operators of underground utility facilities or CATS
15 facilities who fail to join the State-Wide One-Call Notice
16 System by January 1, 2003 shall be subject to a penalty of
17 $100 per day for each separate offense. Every day an owner or
18 operator falls to join the State-Wide One-Call Notice System
19 is a separate offense. This subsection (f) does not apply to
20 utilities operating facilities or CATS facilities exclusively
21 within the boundaries of a municipality with a population of
22 at least 1,000,000 persons.
23 (g) No owner or operator of underground utility
24 facilities or CATS community antenna television systems
25 facilities shall be subject to a penalty fine where a delay
26 in marking or a failure to mark or properly mark the location
27 of an underground utility or CATS facility is caused by
28 conditions beyond the reasonable control of such owner or
29 operator.
30 (h) Any person who is neither an agent, employee, or
31 authorized locating contractor of the owner or operator of
32 the underground utility facility or CATS facility nor an
33 excavator involved in the excavation activity who removes,
34 alters, or otherwise damages markings, flags, or stakes used
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1 to mark the location of an underground utility or CATS
2 facility other than during the course of the excavation for
3 which the markings were made or before completion of the
4 project shall be subject to a penalty up to $1,000 for each
5 separate offense.
6 (i) The excavator shall exercise due care at all times
7 to protect underground utility facilities and CATS
8 facilities. If, after proper notification through the
9 State-Wide One-Call Notice System and upon arrival at the
10 site of a proposed excavation, the excavator observes clear
11 evidence of the presence of an unmarked utility or CATS
12 facility in the area of the proposed excavation, the
13 excavator shall not begin excavating until 2 hours after an
14 additional call is made to the State-Wide One-Call Notice
15 System for the area. The operator of the utility or CATS
16 facility shall respond within 2 hours of the excavator's call
17 to the State-Wide One-Call Notice System.
18 (j) The Illinois Commerce Commission shall have the
19 power and jurisdiction to, and shall, enforce the provisions
20 of this Act. The Illinois Commerce Commission may impose
21 administrative penalties as provided in this Section. The
22 Illinois Commerce Commission may promulgate rules and develop
23 enforcement policies in the manner provided by the Public
24 Utilities Act in order to implement compliance with this Act.
25 When a penalty is warranted, the following criteria shall be
26 used in determining the magnitude of the penalty:
27 (1) gravity of noncompliance;
28 (2) culpability of offender;
29 (3) history of noncompliance;
30 (4) ability to pay penalty;
31 (5) show of good faith of offender;
32 (6) ability to continue business; and
33 (7) other special circumstances.
34 In the event that a person has given proper notice, the
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1 owner or operator of the underground utility facility or CATS
2 facility has marked the approximate location and that person
3 is unable to physically locate the underground utility
4 facility or CATS facility, where other than an "open cut"
5 method of locating must be used, within a reasonable time due
6 to conditions beyond his control and that person has notified
7 the State-Wide One-Call notice system of the owner or
8 operator of the underground utility facility or CATS facility
9 of the need for additional and more precise markings of
10 approximate locations and the owner or operator has not
11 further and more precisely marked or located the underground
12 utility facility or CATS facility within 48 hours of
13 receiving such notice, then the person excavating or
14 demolishing, exercising reasonable care, shall not be liable
15 for damages to the facilities. Actions to recover the
16 penalty provided for in this Section shall be brought by the
17 State's Attorney of the county where the damage occurred, at
18 the request of the owner or operator of the underground
19 utility facilities or CATS facilities damaged, or at the
20 request of any person when the owner or operator fails to
21 comply with this Act, or at the request of the Illinois
22 Commerce Commission in the name of the People of the State of
23 Illinois, in the circuit court for that county, or for the
24 county in which the person complained of has its principal
25 place of business or resides.
26 (k) There is hereby created in the State treasury a
27 special fund to be known as the Illinois Underground Utility
28 Facilities Damage Prevention Fund. All penalties recovered
29 in any action under this Section shall be paid into the Fund
30 and shall be distributed annually as a grant to the
31 State-Wide One-Call Notice System to be used in safety and
32 informational programs to reduce the number of incidents of
33 damage to underground utility facilities and CATS facilities
34 in Illinois. The distribution shall be made during January
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1 of each calendar year based on the balance in the Illinois
2 Underground Utility Facilities Damage Prevention Fund as of
3 December 31 of the previous calendar year. In all such
4 actions under this Section, the procedure and rules of
5 evidence shall conform with the Code of Civil Procedure, and
6 with rules of courts governing civil trials.
7 (l) The Illinois Commerce Commission shall establish an
8 Advisory Committee consisting of a representative from each
9 of the following: utility operator, JULIE, excavator,
10 municipality, and the general public. The Advisory Committee
11 shall serve as a peer review panel for any contested
12 penalties resulting from the enforcement of this Act.
13 The members of the Advisory Committee shall be immune,
14 individually and jointly, from civil liability for any act or
15 omission done or made in performance of their duties while
16 serving as members of such Advisory Committee, unless the act
17 or omission was the result of willful and wanton misconduct.
18 (m) If, after the Advisory Committee has considered a
19 particular contested penalty and performed its review
20 functions under this Act and the Commission's rules, there
21 remains a dispute as to whether the Commission should impose
22 a penalty under this Act, the matter shall proceed in the
23 manner set forth in Article X of the Public Utilities Act,
24 including the provisions governing judicial review.
25 Any residential property owner that fails to comply with
26 any provision of this Act and damages underground utility
27 facilities or CATS facilities while engaging in excavation or
28 demolition on land owned by the residential property owner
29 shall not be subject to a fine but shall be liable for the
30 damage caused to the owner or operator of the underground
31 utility facilities or CATS facilities.
32 (Source: P.A. 86-674.)
33 (220 ILCS 50/13) (from Ch. 111 2/3, par. 1613)
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1 Sec. 13. Mandamus or injunction. Where public safety or
2 the preservation of uninterrupted, necessary utility service
3 or community antenna television system service is endangered
4 by any person engaging in excavation or demolition in a
5 negligent or unsafe manner which has resulted in or is likely
6 to result in damage to underground utility facilities or CATS
7 facilities, or is proposing to use procedures for excavation
8 or demolition which are likely to result in damage to
9 underground utility facilities or CATS facilities, or where
10 the owner or operator of underground utility facilities or
11 CATS facilities endangers an excavator by willfully failing
12 to respond to a locate request, the owner or operator of such
13 facilities or the excavator or the State's Attorney or the
14 Illinois Commerce Commission at the request of the owner or
15 operator of such facilities or the excavator may commence an
16 action, or the State's Attorney, at the request of the owner
17 or operator of such facilities or the Illinois Commerce
18 Commission, shall commence an action, in the circuit court
19 for the county in which the excavation or demolition is
20 occurring or is to occur, or in which the person complained
21 of has his principal place of business or resides, for the
22 purpose of having such negligent or unsafe excavation or
23 demolition stopped and prevented or to compel the marking of
24 underground utilities facilities or CATS facilities, either
25 by mandamus or injunction.
26 (Source: P.A. 86-674.)
27 (220 ILCS 50/14) (from Ch. 111 2/3, par. 1614)
28 Sec. 14. Home rule. The regulation of underground
29 utility facilities and CATS facilities damage prevention, as
30 provided for in this Act, is an exclusive power and function
31 of the State. A home rule unit may not regulate underground
32 utility facilities and CATS facilities damage prevention, as
33 provided for in this Act. All units of local government,
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1 including home rule units, must comply with the provisions of
2 this Act. This Section is a denial and limitation of home
3 rule powers and functions under subsection (h) of Section 6
4 of Article VII of the Illinois Constitution.
5 (Source: P.A. 86-674.)
6 Section 99. Effective date. This Act takes effect July
7 1, 2002.".