103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2263

 

Introduced 2/14/2023, by Rep. Lawrence "Larry" Walsh, Jr.

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Underground Utility Facilities Damage Prevention Act. Makes various changes to the definitions. Provides that owners or operators of underground utility facilities are required to be members of the One-Call Notice system (rather than the State-Wide One-Call Notice System). Provides that if, upon notice from the One-Call Notice system, an underground utility facility owner or operator determines there is a critical underground utility facility within the proposed excavation area and the underground utility facility owner or operator desires to have an authorized representative present during excavation near the critical underground utility facility, the underground utility facility owner or operator shall contact the excavator prior to the dig start date and time provided on the notice to schedule a date and time for the underground utility facility owner or operator to be present when excavation will occur near the critical underground utility facility. Provides for the following: a positive response system; a planning design notification; and a joint meet notification. Requires geographic information system data to be provided to the One-Call Notice system. Makes changes in provisions concerning: required activities; emergency excavation or demolition; damage or dislocation; liability or financial responsibility; negligence; record of notice and marking of facilities; penalties, liability, and fund; emergency telephone system outages and reimbursement; noncompliance and enforcement action time frames; mandamus or injunction; and home rule. Provides that if any previously unmarked underground utility facility is exposed during excavation or demolition, emergency or nonemergency, the excavator responsible for excavation or demotion operations shall immediately notify the One-Call Notice System. Repeals the definition of "person" and a provision concerning notice of preconstruction conference. Makes technical and other changes.


LRB103 05762 AMQ 50782 b

 

 

A BILL FOR

 

HB2263LRB103 05762 AMQ 50782 b

1    AN ACT concerning utilities.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Underground Utility Facilities
5Damage Prevention Act is amended by changing Sections 1, 2,
62.1.3, 2.1.4, 2.1.5, 2.1.9, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8,
72.9, 2.10, 2.11, 3, 4, 5, 6, 7, 8, 9, 10, 11, 11.3, 11.5, 12,
813, and 14 and by adding Sections 2.1.1, 2.1.2, 2.1.7, 2.1.8,
92.1.11, 2.1.12, 2.12, 2.13, 2.14, 2.15, 2.16, 2.17, 2.18,
102.19, 4.1, 5.1, 5.2, 5.3, 5.4, and 7.5 as follows:
 
11    (220 ILCS 50/1)  (from Ch. 111 2/3, par. 1601)
12    Sec. 1. This Act shall be known and may be cited as the
13Illinois Underground Utility Facilities Damage Prevention Act,
14and for the purposes of participating in the State of Illinois
15Joint Purchasing Program, the State-Wide One-Call Notice
16System, commonly referred to as "JULIE, Inc.", shall be
17considered as created by this Act.
18(Source: P.A. 96-714, eff. 1-1-10.)
 
19    (220 ILCS 50/2)  (from Ch. 111 2/3, par. 1602)
20    Sec. 2. Definitions. As used in this Act, unless the
21context clearly otherwise requires, the terms specified in
22Sections 2.1.1 2.1 through 2.19 2.11 have the meanings

 

 

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1ascribed to them in those Sections.
2(Source: P.A. 94-623, eff. 8-18-05.)
 
3    (220 ILCS 50/2.1.1 new)
4    Sec. 2.1.1. Excavator. "Excavator" means any person or
5legal entity, public or private, that engages in excavation or
6demolition work.
 
7    (220 ILCS 50/2.1.2 new)
8    Sec. 2.1.2. Pre-mark. "Pre-mark" means the use of white
9paint, stakes, or flags to delineate the work area at the site
10of the proposed excavation or demolition area. If visible, an
11existing above ground fixed structure may be considered a
12pre-mark. A verbal pre-mark is adequate when the scope
13requested to be marked is narrow and explicit enough to
14prevent marking a large area beyond the actual area of
15excavation or demolition. If utilized, physical pre-marking
16for the area of the planned excavation or demolition shall be
17accomplished prior to notifying the One-Call Notice System.
 
18    (220 ILCS 50/2.1.3)
19    Sec. 2.1.3. No show request. "No show request" means a
20notice initiated by an excavator through the State-Wide
21One-Call Notice System to the owners or operators of
22underground utility facilities notified in the prior locate
23request that such facility owners or operators, as identified

 

 

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1by the excavator and confirmed, when implemented, through the
2positive response system, in accordance with subsection (a) of
3Section 5.1, either failed to mark their facilities or to
4communicate their non-involvement with the excavation prior to
5the requested dig start date and time on the locate request.
6(Source: P.A. 96-714, eff. 1-1-10.)
 
7    (220 ILCS 50/2.1.4)
8    Sec. 2.1.4. Incomplete request. "Incomplete request"
9means a notice initiated by an excavator through the
10State-Wide One-Call Notice System to the owners or operators
11of underground utility facilities notified in a prior locate
12request that such facility owners or operators, as identified
13by the excavator and, when implemented, confirmed by the
14positive response system, in accordance with subsection (a) of
15Section 5.1 person excavating, did not completely mark the
16entire extent or the entire segment of the proposed
17excavation, as identified on by the excavator in the locate
18request or as previously documented and mutually agreed upon
19prior notice.
20(Source: P.A. 96-714, eff. 1-1-10.)
 
21    (220 ILCS 50/2.1.5)
22    Sec. 2.1.5. Re-mark request. "Re-mark request" means a
23notice initiated by an excavator through the State-Wide
24One-Call Notice System to the owners or operators of

 

 

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1underground utility facilities notified in the initial locate
2request requesting underground utility facility owners or
3operators to re-mark all or part of the work area identified in
4the initial locate request, because underground utility
5facility markings are becoming or have become
6indistinguishable due to factors, including, but not limited
7to, weather, fading, construction activity, or vandalism. Only
8the affected areas where excavation or demolition is to
9continue shall be requested to be re-marked.
10(Source: P.A. 96-714, eff. 1-1-10.)
 
11    (220 ILCS 50/2.1.7 new)
12    Sec. 2.1.7. Normal notice request. "Normal notice request"
13means a request for locates that provides no less than 2 days,
14but no more than 10 days, advance notice of a planned
15excavation or demolition. Excavation or demolition on a normal
16notice request shall begin within 10 days of the valid dig
17start date and time and is valid for 25 days from the date of
18the initial request unless a subsequent request for extension,
19as described in subsection (g) of Section 4, is made. Normal
20notice requests shall be limited to one-fourth contiguous mile
21within a municipality and one contiguous mile within any
22unincorporated area, which includes townships. Requests are
23valid for a single street with an exception for intersecting
24roads of 250 feet in all directions. Any excavation continuing
25on a side street shall require an additional request.
 

 

 

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1    (220 ILCS 50/2.1.8 new)
2    Sec. 2.1.8. One-Call Notice System. "One-Call Notice
3System" means "JULIE, Inc." for all excavation or demolition
4performed and includes all underground utility facilities
5owned outside the jurisdiction of the city limits of Chicago.
 
6    (220 ILCS 50/2.1.9)
7    Sec. 2.1.9. JULIE Excavation Safety Resource Excavator
8Handbook. "JULIE Excavation Safety Resource Excavator
9Handbook" means the materials handbook periodically updated
10and published by the State-Wide One-Call Notice System that
11provides information for excavators and underground utility
12facility owners and operators on the use and services of the
13State-Wide One-Call Notice System.
14(Source: P.A. 96-714, eff. 1-1-10.)
 
15    (220 ILCS 50/2.1.11 new)
16    Sec. 2.1.11. Project owner. "Project owner" means the
17person or legal entity, public or private, or planning
18entities that are financially responsible for the undertaking
19of a project that involves excavation or demolition.
 
20    (220 ILCS 50/2.1.12 new)
21    Sec. 2.1.12. Service lateral. "Service lateral" means an
22underground facility located in a public right-of-way or

 

 

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1utility easement that connects an end users' building or
2property to a facility owner's or operator's underground
3utility facility.
 
4    (220 ILCS 50/2.2)  (from Ch. 111 2/3, par. 1602.2)
5    Sec. 2.2. Underground utility facilities. "Underground
6utility facilities" or "facilities" means and includes wires,
7ducts, fiber optic cable, conduits, pipes, sewers, and cables
8and their connected appurtenances installed or existing
9beneath the surface of the ground and either owned, operated,
10or controlled by:
11        (1) a public utility as defined in the Public
12    Utilities Act;
13        (2) a municipally owned or mutually owned utility
14    providing a similar utility service;
15        (3) a pipeline entity transporting gases, crude oil,
16    petroleum products, or other hydrocarbon materials within
17    the State;
18        (4) a telecommunications carrier as defined in the
19    Universal Telephone Service Protection Law of 1985, or by
20    a company described in Section 1 of the Telephone Company
21    Act;
22        (5) a community antenna television system, as defined
23    in the Illinois Municipal Code or the Counties Code;
24        (6) a holder or broadband service, as those terms are
25    that term is defined in the Cable and Video Competition

 

 

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1    Law of 2007;
2        (7) any other entity owning or operating underground
3    facilities that transport generated electrical power to
4    other utility owners or operators or transport generated
5    electrical power within the internal electric grid of a
6    wind turbine generation farm, solar farm, or solar
7    installation; and
8        (8) an electric cooperative as defined in the Public
9    Utilities Act; and .
10        (9) any other active member of the One-Call Notice
11    System.
12(Source: P.A. 100-863, eff. 8-14-18.)
 
13    (220 ILCS 50/2.3)  (from Ch. 111 2/3, par. 1602.3)
14    Sec. 2.3. Excavation.
15    (a) "Excavation" means any operation in which earth, rock,
16or other material in or on the ground is moved, removed, or
17otherwise displaced by means of any tools, power equipment or
18explosives, and includes, without limitation, grading,
19trenching, digging, ditching, drilling, augering, boring,
20tunneling, scraping, cable or pipe plowing, saw cutting or
21roadway surface milling when penetrating into the base or
22subbase of a paved surface, and driving, but does not include:
23        (1) farm tillage operations; or
24        (2) railroad right-of-way maintenance; or operations
25    or

 

 

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1        (3) coal mining operations regulated under the Federal
2    Surface Mining Control and Reclamation Act of 1977 or any
3    State law or rules or regulations adopted under the
4    federal statute; , or
5        (4) land surveying operations as defined in the
6    Illinois Professional Land Surveyor Act of 1989 when not
7    using power equipment, and when prior to manually driving
8    any pin or rod under this subsection, the intended
9    location for the pin or rod is hand probed using a
10    round-tipped probe rod to the depth of the intended pin or
11    rod; , or
12        (5) roadway surface milling; .
13        (6) manually inserting, without the use of power
14    equipment, a temporary round-tipped ground or probe rod as
15    part of underground utility facility locating;
16        (7) manually inserting, without the use of power
17    equipment, a temporary round-tipped probe rod for bar
18    holing to determine the area of a leaking underground
19    hazardous gas or liquid facility; or
20        (8) manually inserting, without the use of power
21    equipment, a round-tipped ground rod for the purpose of
22    grounding utility equipment when an emergency exists and
23    no other ground source is available.
24    (b) An exclusion to this Section in no way prohibits a
25request from being made for the marking of underground utility
26facilities.

 

 

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1    (c) Any exception to excavation contained within this
2Section is not intended to remove liability that may be
3imposed against an individual or entity because of damage
4caused to an underground utility facility.
5(Source: P.A. 94-623, eff. 8-18-05.)
 
6    (220 ILCS 50/2.4)  (from Ch. 111 2/3, par. 1602.4)
7    Sec. 2.4. Demolition. "Demolition" means the wrecking,
8razing, rending, moving, or removing of a structure by means
9of any power tool, power equipment (exclusive of
10transportation equipment), or explosives.
11(Source: P.A. 86-674.)
 
12    (220 ILCS 50/2.5)  (from Ch. 111 2/3, par. 1602.5)
13    Sec. 2.5. Damage. "Damage" means the contact or
14dislocation of any underground utility facility or CATS
15facility during excavation or demolition which necessitates
16immediate or subsequent repair by the owner or operator of
17such underground utility facility due to any partial or
18complete destruction of the underground utility facility,
19including, but not limited to, the protective coating, lateral
20support, cathodic protection, or housing for the line or
21device of the underground utility facility.
22(Source: P.A. 86-674.)
 
23    (220 ILCS 50/2.6)

 

 

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1    Sec. 2.6. Emergency locate request. "Emergency locate
2request" means a locate request for any condition constituting
3an imminent danger to life, health, or property, or a utility
4service outage, and which requires repair or action before the
5expiration of 2 days 48 hours.
6(Source: P.A. 96-714, eff. 1-1-10.)
 
7    (220 ILCS 50/2.7)
8    Sec. 2.7. Tolerance zone. "Tolerance zone" means:
9        (1) if the diameter of the underground utility
10    facility is indicated, the distance of one-half of the
11    known diameter plus one and one-half feet on either side
12    of the designated center line of the underground utility
13    facility marking;
14        (2) if the diameter of the underground utility
15    facility is not indicated, one and one-half feet on either
16    side of the outside edge of the underground utility
17    facility marking; or
18        (3) for subaqueous underground utility facilities, a
19    distance of 30 feet on either side of the indicated
20    underground utility facility. For purposes of this
21    Section, "subaqueous" means an underground utility
22    facility located under a lake, river, or navigable
23    waterway.
24    The underground utility facility markings provided shall
25not indicate that the width of the marked underground utility

 

 

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1facility is any greater than the actual width of the
2underground utility facility.
3    The tolerance zone shall also apply to visible utility
4structures, including, but not limited to, poles with overhead
5to underground transitions, pedestals, transformers, meters,
6hydrants, and valve boxes. There shall be an one and one-half
7foot tolerance zone entirely around such facilities the
8approximate location of underground utility facilities or CATS
9facilities defined as a strip of land at least 3 feet wide, but
10not wider than the width of the underground facility or CATS
11facility plus 1-1/2 feet on either side of such facility based
12upon the markings made by the owner or operator of the
13facility.
14    Excavation within the tolerance zone requires extra care
15and precaution, including, but not limited to, as set forth in
16Section 4.
17(Source: P.A. 92-179, eff. 7-1-02.)
 
18    (220 ILCS 50/2.8)
19    Sec. 2.8. Approximate location. "Approximate location"
20means the location of the marked underground utility facility
21that lies entirely within the tolerance zone a strip of land at
22least 3 feet wide, but not wider than the width of the
23underground facility or CATS facility plus 1.5 feet on either
24side of the facility.
25(Source: P.A. 92-179, eff. 7-1-02.)
 

 

 

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1    (220 ILCS 50/2.9)
2    Sec. 2.9. Day or days. "Day" or "days" "Forty-eight hours"
3means any day, 2 business days beginning at 8 a.m. and ending
4at 4 p.m. (exclusive of Saturdays, Sundays, and holidays,
5beginning at 12:00 a.m. and ending at 11:59 p.m., recognized
6by the State-Wide One-Call Notice System, including the day of
7the actual notice. or the municipal one-call notice system).
8All requests for locates received after 4 p.m. will be
9processed as if received at 8 a.m. the next business day.
10(Source: P.A. 94-623, eff. 8-18-05.)
 
11    (220 ILCS 50/2.10)
12    Sec. 2.10. Open cut utility locate. "Open cut utility
13locate" means a method of locating underground utility
14facilities that requires excavation by the owner, operator, or
15agent of the underground utility facility.
16(Source: P.A. 94-623, eff. 8-18-05.)
 
17    (220 ILCS 50/2.11)
18    Sec. 2.11. Roadway surface milling. "Roadway surface
19milling" means the removal of a uniform pavement section by
20rotomilling, grinding, saw cutting, or other means that does
21not penetrate into including the roadway base or subbase.
22(Source: P.A. 94-623, eff. 8-18-05.)
 

 

 

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1    (220 ILCS 50/2.12 new)
2    Sec. 2.12. Damage notification. "Damage notification"
3means notification through the One-Call Notice System to the
4underground utility facility owner or operator that damage to
5an underground utility facility has occurred in the area of
6the excavation or demolition.
 
7    (220 ILCS 50/2.13 new)
8    Sec. 2.13. Exposed notification. "Exposed notification"
9means notification through the One-Call Notice System to the
10underground utility facility owner or operator that a
11previously unmarked underground utility facility has been
12exposed, but not damaged, in the area of the excavation or
13demolition.
 
14    (220 ILCS 50/2.14 new)
15    Sec. 2.14. Large project. "Large project" means a single
16excavation that exceeds 25 days, as defined in Section 2.9,
17consists of geographical boundaries that exceed a normal
18notice request, or involves a series of repetitive,
19related-scope, short-term excavations.
 
20    (220 ILCS 50/2.15 new)
21    Sec. 2.15. Planning design notification. "Planning design
22notification" means the process prior to the excavation phase
23of a project where information is gathered and decisions are

 

 

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1made regarding the route or location of a proposed excavation.
2The use of the information that is obtainable pursuant to this
3Section is intended to minimize delays of construction
4projects not for excavation or bidding purposes. The
5underground utility facilities owner or operator may indicate
6any portion of the information that is proprietary and require
7the planner designer to protect the proprietary information.
 
8    (220 ILCS 50/2.16 new)
9    Sec. 2.16. Joint meet notification. "Joint meet
10notification" means a notice of a meeting held prior to the
11excavation phase to discuss projects that cannot be adequately
12communicated within a normal notice request. The meeting is
13intended to allow the exchange of maps, plans, or schedules.
14It is not a locating session and shall be held at or near the
15excavation site. Joint meet notifications are not to be used
16in lieu of valid normal notice requests and are required for,
17but not limited to, large projects as defined in Section 2.14.
 
18    (220 ILCS 50/2.17 new)
19    Sec. 2.17. Locatable service laterals. "Locatable service
20laterals" applies to underground facilities installed after
21December 31, 2024. Any person or legal entity, public or
22private, who, after December 31, 2024, installs a
23nonconductive service lateral shall ensure the installation is
24locatable by electromagnetic means or other equally effective

 

 

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1means for marking the location of the service lateral. The
2requirement shall not apply to minor repairs to, or partial
3replacements of, service laterals installed prior to December
431, 2024.
 
5    (220 ILCS 50/2.18 new)
6    Sec. 2.18. Positive response system. "Positive response
7system" means an automated system facilitated by the One-Call
8Notice System allowing an underground utility facility owner
9or operator to communicate to an excavator the presence,
10absence, or response status of any conflict between the
11existing underground utility facilities in the area of
12excavation or demolition.
 
13    (220 ILCS 50/2.19 new)
14    Sec. 2.19. Geographic information system data. "Geographic
15information system data" means data to be applied to the
16One-Call Notice System software to facilitate a more clearly
17defined notification area for excavation notices sent to the
18system members. "Geographic information system data" includes,
19but is not limited to:
20        (1) address points with site addresses;
21        (2) parcels with site addresses;
22        (3) road center lines with names and address range;
23        (4) city limits with names;
24        (5) political townships with names;

 

 

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1        (6) railroads with names;
2        (7) streams with names; and
3        (8) water bodies with names.
 
4    (220 ILCS 50/3)  (from Ch. 111 2/3, par. 1603)
5    Sec. 3. One-Call Notice System Membership. The owners or
6operators of underground utility facilities are required to be
7members of the One-Call Notice System or CATS facilities that
8are not currently participants in the State-Wide One-Call
9Notice System shall, within 6 months of the effective date of
10this Act, join the State-Wide One-Call Notice System. This
11Section shall not apply to utilities operating facilities or
12CATS facilities exclusively within the boundaries of a
13municipality with a population of at least one million
14persons.
15(Source: P.A. 86-674.)
 
16    (220 ILCS 50/4)  (from Ch. 111 2/3, par. 1604)
17    Sec. 4. Required activities. Every excavator person who
18engages in nonemergency excavation or demolition shall:
19    (a) take reasonable action to inform oneself himself of
20the location of any underground utility facilities in and near
21the area for which such operation is to be conducted;
22    (b) plan the excavation or demolition to avoid or minimize
23interference with underground utility facilities within the
24tolerance zone by utilizing such precautions that include, but

 

 

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1are not limited to, hand excavation, vacuum excavation methods
2to the depth of the proposed excavation or demolition, and
3visually inspecting the excavation while in progress until
4clear of the approximate location of the existing marked
5underground utility facility;
6    (c) pre-mark in accordance with Section 2.1.2 if
7practical, use white paint, flags, stakes, or both, to outline
8the dig site;
9    (d) provide notice not less than 2 days 48 hours but no
10more than 10 days 14 calendar days in advance of the start of
11the excavation or demolition to the owners or operators of the
12underground utility facilities at or in and near the
13excavation or demolition area through the State-Wide One-Call
14Notice System or, in the case of nonemergency excavation or
15demolition within the boundaries of a municipality of at least
16one million persons which operates its own one-call notice
17system, through the one-call notice system which operates in
18that municipality. The excavator shall start the excavation or
19demolition before the expiration of 10 days after the valid
20dig start date and time on the notice. At a minimum, the notice
21required under this subsection (d) shall provide:
22        (1) the person's name, address, phone number at which
23    a person can be reached, and if available, a fax number and
24    email address , if available;
25        (2) the start date, or if applicable, the specified
26    start time, whichever is later, and time of the planned

 

 

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1    excavation or demolition;
2        (3) the county and city or the county and township all
3    counties, cities, or townships, or any combination
4    thereof, where the proposed excavation or demolition shall
5    take place;
6        (4) the address or location at which the excavation or
7    demolition shall take place;
8        (5) the type and extent of the work, extent, and
9    description of the area where excavation or demolition is
10    to occur involved; and
11        (6) the section or quarter sections when the
12    information in items (1) through (5) of this subsection
13    (d) does not allow the State-Wide One-Call Notice System
14    to determine the appropriate excavation or demolition
15    site. This item (6) does not apply to residential property
16    owners;
17        (7) an indication of whether directional boring or
18    horizontal directional drilling will be used;
19        (8) an indication of whether the excavation will
20    exceed 7 feet in depth;
21        (9) an indication of how the proposed excavation or
22    demolition has been pre-marked as defined in Section
23    2.1.2;
24        (10) the identity of the project owner; and
25        (11) the latitude and longitude of the relevant area,
26    if available.

 

 

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1    The information specified in paragraphs (1) through (9)
2are still required when providing the latitude and longitude;
3    (e) provide, during and following excavation or
4demolition, such support for existing underground utility
5facilities in and near the excavation or demolition area as
6may be reasonably necessary for the protection of such
7underground utility facilities and known service laterals
8unless otherwise agreed to by the owner or operator of the
9underground utility underground facility or known service
10laterals;
11    (f) backfill all excavations in such manner and with such
12materials as may be reasonably necessary for the protection of
13existing underground utility facilities in and near the
14excavation or demolition area;
15    (g) after February 29, 2004, when the excavation or
16demolition project will extend past the 25-day expiration 28
17calendar days from the date of the original notice provided
18under clause (d) or a subsequent extension notice, the
19excavator shall provide a subsequent notice to the owners or
20operators of the underground utility facilities in and near
21the excavation or demolition area through the State-Wide
22One-Call Notice System or, in the case of excavation or
23demolition within the boundaries of a municipality having a
24population of at least 1,000,000 inhabitants that operates its
25own one-call notice system, through the one-call notice system
26that operates in that municipality informing utility owners

 

 

HB2263- 20 -LRB103 05762 AMQ 50782 b

1and operators that additional time to complete the excavation
2or demolition project will be required. The notice will
3provide the excavator with an additional 25 28 calendar days
4from the date of the subsequent notification to continue or
5complete the excavation or demolition project. An extension
6may be requested no earlier than the 20th day from the initial
7request or latest extension notice. The excavator may not
8provide a subsequent notice under this Section for the purpose
9of keeping a prior notice open or valid without continued
10excavation occurring within the period of that subsequent
11notice;
12    (h) exercise due care at all times to protect underground
13utility facilities and known service laterals. If, after
14proper notification through the State-Wide One-Call Notice
15System and upon arrival at the site of the proposed
16excavation, the excavator observes clear evidence of the
17presence of an unmarked or incompletely marked underground
18utility facility in the area of the proposed excavation, the
19excavator shall provide subsequent notice through the One-Call
20Notice System of the unmarked or incompletely marked
21underground utility facility and shall not begin excavating
22until all affected underground utility facilities have been
23marked or 2 hours, whichever is shorter, unless a greater time
24is indicated on the subsequent notice after an additional call
25is made to the State-Wide One-Call Notice System for the area.
26The owner or operator of the underground utility facility

 

 

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1shall respond within 2 hours unless a greater time is
2indicated on the notice provided through the of the
3excavator's call to the State-Wide One-Call Notice System; and
4    (i) when factors, including, but not limited to, weather,
5construction activity, or vandalism, at the excavation site
6have caused the underground utility facility markings to
7become faded or indistinguishable, the excavator shall
8pre-mark again in accordance with Section 2.1.2 and provide a
9re-mark request an additional notice through the State-Wide
10One-Call Notice System requesting that only the affected areas
11where excavation or demolition is to continue be re-marked.
12Underground utility facility Facility owners or operators must
13respond to the notice to re-mark according to the requirements
14of Section 10 of this Act.
15    Nothing in this Section prohibits the use of any method of
16excavation if conducted in a manner that would avoid
17interference with underground utility facilities.
18(Source: P.A. 96-714, eff. 1-1-10.)
 
19    (220 ILCS 50/4.1 new)
20    Sec. 4.1. Watch and protect.
21    (a) If, upon notice from the One-Call Notice System, an
22underground utility facility owner or operator determines
23there is a critical underground utility facility within the
24proposed excavation area and the underground utility facility
25owner or operator desires to have an authorized representative

 

 

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1present during excavation near the critical underground
2utility facility, the underground utility facility owner or
3operator shall contact the excavator prior to the dig start
4date and time provided on the notice to schedule a date and
5time for the underground utility facility owner or operator to
6be present when excavation will occur near the critical
7underground utility facility.
8    (b) All excavators shall comply with the underground
9utility facility owner's or operator's request to be present
10during excavation near critical underground utility
11facilities. In lieu of having an authorized representative
12present, the underground utility facility owner or operator
13may choose to conduct minimal excavation near the critical
14underground utility facility to expose its location. However,
15it is incumbent on the underground utility facility owner or
16operator to comply with the excavator's schedule for when
17excavation will occur near the critical underground utility
18facility.
19    (c) During the course of a project, if excavation near
20critical underground utility facilities stops by more than one
21day and then recommences, the excavator shall establish direct
22contact with the underground utility facility owner or
23operator not less than one day prior to the excavation, each
24time the excavation is to occur, to advise the underground
25utility facility owner or operator of the excavation taking
26place.

 

 

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1    (d) Nothing in this Section shall prohibit an excavator
2from excavating prudently and carefully near a critical
3underground utility facility without the underground utility
4facility owner or operator present if the underground utility
5facility owner or operator waives the request to be present or
6to complete a minimal excavation exposing the critical
7underground utility facility or is unable to comply with the
8excavator's schedule.
 
9    (220 ILCS 50/5.1 new)
10    Sec. 5.1. Positive response system.
11    (a) Beginning January 1, 2025, an excavator shall confirm
12through the positive response system prior to excavation or
13demolition that all underground utility facility owners or
14operators that are identified on the notice have provided a
15status update, responded, and marked or provided an all clear
16notification.
17    (b) Beginning January 1, 2025, an underground utility
18facility owner or operator shall respond through the positive
19response system prior to the dig start date and time on the
20notice with an appropriate system code. A minimal delay not to
21exceed one hour in reporting a system code in response to an
22emergency request shall not be a violation of this Section.
23    (c) If an underground utility facility owner or operator
24fails to respond or provide a status update through the
25positive response system by the dig start date and time on the

 

 

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1notice, or a later time as otherwise agreed upon and submitted
2through the positive response system, the One-Call Notice
3System shall transmit an additional notification to that
4underground utility facility owner or operator and shall
5continue to send out daily notifications until the positive
6response system receives a response confirming compliance with
7this Section.
8    (d) If an underground utility facility owner or operator
9fails to respond or provide a status update to the positive
10response system, the excavator may proceed after complying
11with subsection (h) of Section 4, and the underground utility
12facility owner or operator shall respond in accordance with
13subsection (h) of Section 4.
14    (e) If all notified underground utility facility owners or
15operators have responded as "marked" or "clear" prior to the
16expiration of the dig start date and time on the notice, the
17wait time shall be considered expired and no additional wait
18time is required prior to commencing with the excavation or
19demolition work listed on the notice.
 
20    (220 ILCS 50/5.2 new)
21    Sec. 5.2. Planning design notification.
22    (a) An underground utility facility owner or operator
23shall have the following responsibilities:
24        (1) respond to a valid planning design notification
25    within 10 days or such date as shall be mutually agreed

 

 

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1    upon between the underground utility facility owner or
2    operator and the designer or planner. The underground
3    utility facility owner or operator shall provide
4    information regarding the location, size, if greater than
5    2 inches in diameter, and type, which shall be generically
6    listed as communication, electric, gas, water, and, if
7    direct, buried or in conduit or duct package, of
8    underground utility facilities based on the best
9    information available to the underground utility facility
10    owner within the scope of the proposed project;
11        (2) respond to a planning design notification in one
12    of the following methods:
13            (A) provide digital or paper drawings or prints,
14        preferred format of KMZ file or shapefile, that are
15        drawn to scale, if available, providing the type and
16        size, as described in paragraph (1), of the
17        infrastructure, including visible utility structures,
18        which shall include, if available, measurements from
19        the back of the curb, sidewalk, edge of the pavement,
20        centerline of the ditch, property lines, and other
21        similar items;
22            (B) request the proposed plans or drawings from
23        the designer or planner and illustrate the location of
24        the underground utility facility owner's or operator's
25        underground utility facilities, drawn to scale, if
26        available, providing the type and size, as described

 

 

HB2263- 26 -LRB103 05762 AMQ 50782 b

1        in paragraph (1), of the facilities, including visible
2        structures on such plans;
3            (C) locate and mark the underground utility
4        facility owner's or operator's underground utility
5        facilities within the scope of the proposed project,
6        as agreed to with the planner or designer;
7            (D) if the responding underground utility facility
8        owner or operator is unable to comply with
9        subparagraph (A) or (B), then the underground utility
10        facility owner or operator shall mark the underground
11        utility facilities within the scope of the proposed
12        project, as agreed to with the planner or designer; or
13            (E) if marking of the infrastructure is the
14        preferred or required response of the underground
15        utility facility owner or operator, the underground
16        utility facility owner or operator shall only mark
17        main line facilities or any service lines that would
18        otherwise be considered main line due to size or type,
19        as described in paragraph (1); and
20        (3) may charge a nominal fee to locate and mark the
21    proposed project, as described in subparagraph (C) or (D)
22    of paragraph (2);
23    (b) The planner or designer shall have the following
24responsibilities:
25        (1) follow the guidelines set forth in CI/ASCE 38-02
26    Standard Guidelines for the Collection and Depiction of

 

 

HB2263- 27 -LRB103 05762 AMQ 50782 b

1    Existing Subsurface Utility Data, as amended, when
2    preparing plans or drawings;
3        (2) illustrate on all appropriate documents the
4    position, size, and type, as defined in paragraph (1) of
5    subsection (a), of all known underground utility
6    facilities obtained in the planning design notification
7    process and include the valid planning design notification
8    number provided by the One-Call Notice System on any plans
9    or drawings; and
10        (3) make all reasonable efforts to prepare the plans
11    or drawings to minimize interference with known existing
12    and proposed underground utility facilities in the
13    proposed project area.
14    (c) A planning design notification shall include the
15following information:
16        (1) name, address, telephone number, office and cell
17    phone, and, if available, email address of the designated
18    contact requesting the information;
19        (2) name, address, telephone number, office and cell
20    phone, and, if available, email address of the project
21    owner;
22        (3) the approximate date when the underground utility
23    facility information is required; and
24        (4) the specific area requiring underground utility
25    facility information by one or more of the following
26    means:

 

 

HB2263- 28 -LRB103 05762 AMQ 50782 b

1            (A) the county and municipality or the county and
2        township involved in the proposed project;
3            (B) street names involved in the proposed project,
4        the north, south, east, and west boundaries of the
5        proposed project, or the section number or numbers
6        involved in the proposed project;
7            (C) latitude and longitude coordinates of the
8        outside edges of the proposed project;
9            (D) digital data such as, but not limited to,
10        shapefiles when technology and software allow;
11            (E) the type of work projected to take place
12        within the proposed project; and
13            (F) known site specific underground utility
14        facility information available to the project owner to
15        be delivered to qualified bidders of the proposed
16        project.
 
17    (220 ILCS 50/5.3 new)
18    Sec. 5.3. Joint meet notification.
19    (a) A Joint meet notification shall include the following
20information:
21        (1) the excavator's name, address, phone number at
22    which the excavator can be reached, and, if available, a
23    fax number and email address;
24        (2) the county and municipality or the county and
25    township where the work will be performed;

 

 

HB2263- 29 -LRB103 05762 AMQ 50782 b

1        (3) street names involved in the project, the north,
2    south, east, and west boundaries of the project, or the
3    section number or numbers involved in the project;
4        (4) the date, time and location where the joint meet
5    will take place. The location of the joint meet shall be
6    near the project site; and
7        (5) a minimum advance notice of the joint meet of 2
8    days, but no more than 90 days, prior to the planned start
9    of excavation or demolition.
10    (b) Upon the receipt of a joint meet notification, an
11underground utility facility owner or operator shall attend
12the joint meet at the specified time and location. If there is
13a conflict between joint meet notifications, an excavator that
14provided a joint meet notification may receive a communication
15from a underground utility facility owner or operator
16requesting an alternate meeting time or date.
17    (c) If a joint meet notification is provided as part of a
18large project, the excavator shall notify the project owner
19and the designer or planner when and where the joint meet is to
20occur.
21    (d) Multiple joint meets shall be required in the case of a
22large project that extends into multiple political
23subdivisions. The excavator shall schedule, at a minimum, one
24joint meet per political subdivision to accommodate travel
25restrictions of responding underground utility facility owners
26or operators.

 

 

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1    (e) Prior to the meeting, the excavator shall physically
2pre-mark the extent of the initial locate request for the
3proposed excavation area or route if normal notice locate
4requests are planned to be submitted with excavation beginning
5after the minimum advance notice of 2 days after the joint
6meet. The minimum advance notice for a large project is 5 days.
7    (f) Those participating at the joint meet shall agree to
8the individual obligations consistent with the project. These
9obligations may vary from project to project. It is not the
10intent of this process to provide a specific set of standards
11for all projects. It is intended that those participating at
12the joint meet shall have the flexibility to make decisions
13consistent with the project's parameters.
14    (g) The scope of the project shall be defined at the joint
15meet and specific project details, including, but not limited
16to, the number of phases and number of excavation crews and
17subcontractors, to the extent possible, shall be provided.
18    (h) The size and number of normal notice locate requests
19agreed to be submitted at one time at the joint meet shall be
20documented in the meeting notes and made available to those
21participating in the joint meet. However, any such agreement
22reached shall not exceed the normal notice locate request
23extent limits.
24    (i) If an underground utility facility owner or operator
25fails to attend the joint meet and does not request an
26alternate time or date to meet prior to commencement of

 

 

HB2263- 31 -LRB103 05762 AMQ 50782 b

1excavation, the excavator may proceed according to the
2agreement reached with those attending the meeting.
3    (j) Within 90 days after the joint meet, the excavator
4shall submit the normal notice locate requests consistent with
5the agreements reached at the joint meet.
6    (k) The initial normal notice locate requests submitted
7after the joint meet shall require a minimum of 2 days advance
8notice and 5 days advance notice for large projects. All
9remaining normal notice locate requests shall be submitted in
10agreement with the joint meet schedule and provide a minimum
11advance notice of 2 days. The excavator shall not submit
12normal notice locate requests until after the joint meet.
13    (l) If the project start is delayed more than 90 days, or
14the scope of the project changes after the joint meet has been
15held and the locate schedule agreed to, a new joint meet
16notification shall be required.
17    (m) In a situation where an excavator creates multiple
18normal notice locate requests for a single project without a
19joint meet being held, an affected underground utility
20facility owner or operator may contact the excavator and
21recommend the excavator follow the joint meet process to
22assist in working out a locate schedule. A notified excavator
23that fails to follow the joint meet process may realize delays
24in marking of underground utility facilities on the project.
25In accordance with paragraphs (1) through (5) of subsection
26(e) of Section 10, a delay in marking is not in violation of

 

 

HB2263- 32 -LRB103 05762 AMQ 50782 b

1this Act.
 
2    (220 ILCS 50/5.4 new)
3    Sec. 5.4. Geographic information system data. As described
4in Section 2.19, geographic information system data shall be
5provided to the One-Call Notice System by any county or State
6agency that has provided substantially similar data to any
7other not-for-profit or agency utilizing such data for public
8display of information or to be utilized by a not-for-profit
9or agency in the interest of public safety. This data shall be
10provided to the One-Call Notice System at a cost not to exceed
11the actual cost of transmission of the data.
 
12    (220 ILCS 50/6)  (from Ch. 111 2/3, par. 1606)
13    Sec. 6. Emergency excavation or demolition.
14    (a) Every excavator person who engages in emergency
15excavation or demolition outside of the boundaries of a
16municipality of at least one million persons which operates
17its own one-call notice system shall take all reasonable
18precautions to avoid or minimize interference between the
19emergency work and existing underground utility facilities in
20and near the excavation or demolition area, through the
21State-Wide One-Call Notice System, and shall notify, as far in
22advance as possible, the owners or operators of such
23underground utility facilities in and near the emergency
24excavation or demolition area, through the State-Wide One-Call

 

 

HB2263- 33 -LRB103 05762 AMQ 50782 b

1Notice System. At a minimum, the notice required under this
2subsection (a) shall provide:
3        (1) the person's name, address, and (i) phone number
4    at which a person with knowledge of the planned emergency
5    excavation or demolition can be reached and, if available,
6    a (ii) fax number and email address , if available;
7        (2) the start date and time of the planned emergency
8    excavation or demolition;
9        (3) the address or location at which the emergency
10    excavation or demolition will take place; and
11        (4) the type of work, and extent, and description of
12    the area where emergency excavation or demolition is to
13    occur; and of the work involved.
14        (5) the county and city or county and township where
15    the emergency excavation or demolition will take place.
16    (a-1) There is a minimum wait time of 2 hours or the date
17and time requested on the notice, whichever is longer, after
18an emergency locate notification request is made through the
19State-Wide One-Call Notice System. If the conditions at the
20site dictate an earlier start than the date and time on the
21notice required wait time, it is the responsibility of the
22excavator to demonstrate that site conditions warranted this
23earlier start time.
24    (a-2) Upon notice by the excavator person engaged in
25emergency excavation or demolition, the owner or operator of
26an underground utility facility in or near the excavation or

 

 

HB2263- 34 -LRB103 05762 AMQ 50782 b

1demolition area shall communicate with the excavator person
2engaged in emergency excavation or demolition within 2 hours
3or by the date and time requested on the notice, whichever is
4longer by:
5        (1) marking the approximate location of underground
6    facilities;
7        (2) advising the excavator person excavating that
8    their underground utility facilities are not in conflict
9    with the emergency excavation; or
10        (3) notifying the excavator person excavating that the
11    underground utility facility owner or operator shall be
12    delayed in marking because of conditions as referenced in
13    subsection (g) of Section 11 of this Act.
14    (a-3) The notice by the underground utility facility owner
15or operator to the excavator person engaged in emergency
16excavation or demolition may shall be provided utilizing the
17positive response system, in accordance with Section 5.1, and
18may also be provided by phone or phone message or by marking
19the excavation or demolition area. The underground utility
20facility owner or operator has discharged the underground
21utility facility owner's or operator's obligation to provide
22notice under this Section if the underground utility facility
23owner or operator attempts to provide notice by positive
24response or telephone but is unable to do so because the
25excavator person engaged in the emergency excavation or
26demolition does not answer the his or her telephone or does not

 

 

HB2263- 35 -LRB103 05762 AMQ 50782 b

1have an answering machine, or answering service, or voicemail
2to receive the telephone call or positive response, in
3accordance with Section 5.1. If the underground utility
4facility owner or operator attempts to provide additional
5notice by telephone or by facsimile but receives a busy
6signal, that attempt shall not discharge the underground
7utility facility owner or operator from the obligation to
8provide notice under this Section.
9    (b)(Blank). Every person who engages in emergency
10excavation or demolition within the boundaries of a
11municipality of at least one million persons which operates
12its own one-call notice system shall take all reasonable
13precautions to avoid or minimize interference between the
14emergency work and existing underground utility facilities in
15and near the excavation or demolition area, through the
16municipality's one-call notice system, and shall notify, as
17far in advance as possible, the owners and operators of
18underground utility facilities in and near the emergency
19excavation or demolition area, through the municipality's
20one-call notice system.
21    (c) The reinstallation of traffic control devices shall be
22deemed an emergency for purposes of this Section.
23    (d) An open cut utility locate shall be deemed an
24emergency for purposes of this Section.
25    (e) During emergency situations, as described in Section
262.6, where the owner or operator of an underground utility

 

 

HB2263- 36 -LRB103 05762 AMQ 50782 b

1facility has a widespread situation beyond the equipment or
2personnel capabilities to facilitate a timely repair or
3correction of the emergency, the underground utility facility
4owner or operator may utilize a subcontractor to facilitate
5the work without a separate emergency locate request by the
6subcontractor. However, for the purposes of this Act, in such
7a situation, the underground utility facility owner or
8operator shall be responsible for the actions of the
9subcontractor, unless the subcontractor has obtained the
10subcontractor's own emergency notice.
11    (f) Emergency notices provided through a One-Call Notice
12System shall expire 10 days after the date of the notice.
13(Source: P.A. 96-714, eff. 1-1-10.)
 
14    (220 ILCS 50/7)  (from Ch. 111 2/3, par. 1607)
15    Sec. 7. Damage or dislocation.
16    (a) In the event of any damage to or dislocation of any
17underground utility facilities in connection with any
18excavation or demolition, emergency or nonemergency, the
19excavator person responsible for the excavation or demolition
20operations shall immediately notify the affected utility and
21the State-Wide One-Call Notice System and cease excavation in
22the area of the damage when the damaged facility is a threat to
23life or property or if otherwise required by law or, in the
24case of damage or dislocation in connection with any
25excavation or demolition within the boundaries of a

 

 

HB2263- 37 -LRB103 05762 AMQ 50782 b

1municipality having a population of at least 1,000,000
2inhabitants that operates its own one-call notice system,
3notify the affected utility and the one-call notice system
4that operates in that municipality.
5    (b) The excavator person responsible for the excavation or
6demolition shall not attempt to repair, clamp, or constrict
7the damaged underground utility facility unless under the
8supervision or advisement of the underground utility facility
9owner or operator. At no time shall an excavator a person under
10this Act be required by an underground a utility facility
11owner or operator to attempt to repair, clamp, or constrict a
12damaged underground utility facility. In the event of any
13damage to any underground utility facility that results in the
14escape of any flammable, toxic, or corrosive gas or liquid,
15the excavator person responsible for the excavation or
16demolition shall call 9-1-1 and notify authorities of the
17damage.
18    (c) Owners and operators of underground utility facilities
19that are damaged and the excavator involved shall work in a
20cooperative and expeditious manner to repair the affected
21utility.
22    (d) The underground utility facility owner or operator
23shall provide to the One-Call Notice System a phone number
24with a dedicated extension, if applicable, that can be
25provided to the excavator allowing immediate notification by
26the excavator to the underground utility facility owner or

 

 

HB2263- 38 -LRB103 05762 AMQ 50782 b

1operator of the potential damage.
2    (e) At a minimum, the notice required under this Section
3shall provide:
4        (1) a reference to the original excavation or
5    demolition notice, if one exists;
6        (2) the type of underground utility facility damaged,
7    if known;
8        (3) the name of the affected underground utility
9    facility owner or operator, if known; and
10        (4) the location of the damaged underground utility
11    facility at the excavation or demolition site.
12(Source: P.A. 96-714, eff. 1-1-10.)
 
13    (220 ILCS 50/7.5 new)
14    Sec. 7.5. Exposed facility.
15    (a) If any previously unmarked underground utility
16facility is exposed during excavation or demolition, emergency
17or nonemergency, the excavator responsible for the excavation
18or demolition operations shall immediately notify the One-Call
19Notice System.
20    (b) At a minimum, the notice required under this Section
21shall provide:
22        (1) a reference to the original excavation or
23    demolition notice, if one exists;
24        (2) the type of exposed underground utility facility,
25    if known;

 

 

HB2263- 39 -LRB103 05762 AMQ 50782 b

1        (3) the name of the affected underground utility
2    facility owner or operator, if known; and
3        (4) the location of the exposed underground utility
4    facility at the excavation or demolition site.
 
5    (220 ILCS 50/8)  (from Ch. 111 2/3, par. 1608)
6    Sec. 8. Liability or financial responsibility.
7    (a) Nothing in this Act shall be deemed to affect or
8determine the financial responsibility for any operation under
9this Act or liability of any entity or individual person for
10any damages that occur unless specifically stated otherwise.
11    (b) Nothing in this Act shall be deemed to provide for
12liability or financial responsibility of the Department of
13Transportation, its officers and employees concerning any
14underground utility facility or CATS facility located on
15highway right-of-way by permit issued under the provisions of
16Section 9-113 of the Illinois Highway Code. It is not the
17intent of this Act to change any remedies in law regarding the
18duty of providing lateral support.
19    (c) Neither the State-Wide One-Call Notice System nor any
20of its officers, agents, or employees shall be liable for
21damages for injuries or death to persons or damage to property
22caused by acts or omissions in the receipt, recording, or
23transmission of locate requests or other information in the
24performance of its duties as the State-Wide One-Call Notice
25System, unless the act or omission was the result of willful

 

 

HB2263- 40 -LRB103 05762 AMQ 50782 b

1and wanton misconduct.
2    (d) Any residential property owner who fails to comply
3with any provision of this Act and damages underground utility
4facilities or CATS facilities while engaging in excavation or
5demolition on such residential property shall not be subject
6to a penalty under this Act, but shall be liable for the damage
7caused to the owner or operator of the damaged underground
8utility facilities or CATS facilities.
9(Source: P.A. 92-179, eff. 7-1-02.)
 
10    (220 ILCS 50/9)  (from Ch. 111 2/3, par. 1609)
11    Sec. 9. Negligence.
12    (a) When it is shown by competent evidence in any action
13for damages to underground utility facilities or CATS
14facilities that such damages resulted from excavation or
15demolition and that the excavator person engaged in such
16excavation or demolition failed to comply with the provisions
17of this Act, that excavator person shall be deemed prima facie
18guilty of negligence.
19    (b) When it is shown by competent evidence in any action
20for damages to excavators persons, material or equipment
21brought by excavators persons undertaking excavation or
22demolition acting in compliance with the provisions of this
23Act that such damages resulted from the failure of owners and
24operators of underground facilities or CATS facilities to
25comply with the provisions of this Act, those owners and

 

 

HB2263- 41 -LRB103 05762 AMQ 50782 b

1operators shall be deemed prima facie guilty of negligence.
2(Source: P.A. 86-674.)
 
3    (220 ILCS 50/10)  (from Ch. 111 2/3, par. 1610)
4    Sec. 10. Record of notice; marking of facilities.
5    (a) Upon notice by the excavator person engaged in
6excavation or demolition, the entity person owning or
7operating underground utility facilities in or near the
8excavation or demolition area shall cause a written record to
9be made of the notice and shall mark, by the dig the start date
10and time on the notice, within 48 hours of receipt of notice or
11by the requested date and time indicated on the notice,
12whichever is later, the approximate locations of such
13facilities so as to enable the excavator person excavating or
14demolishing to establish the location of the underground
15utility facilities.
16    For subaqueous underground utility facilities, when the
17underground utility facility owner or operator determines that
18a proposed excavation or demolition is in proximity to or in
19conflict with an underground utility facility located under a
20lake, river, or navigable waterway, the underground utility
21facility owner or operator shall identify the estimated
22horizontal route of the underground utility facility, within
2315 days or by a date and time mutually agreed to, using marking
24buoys or other suitable devices, unless directed otherwise by
25an agency having jurisdiction over the waters under which the

 

 

HB2263- 42 -LRB103 05762 AMQ 50782 b

1underground utility facility is located. For purposes of this
2Section, "subaqueous" means an underground utility facility
3located under a lake, river, or navigable waterway.
4    (b) Owners and operators of underground sewer facilities
5that are located outside the boundaries of a municipality
6having a population of at least 1,000,000 inhabitants shall be
7required to respond and mark the approximate location of those
8sewer facilities when the excavator indicates, in the notice
9required in Section 4, that the excavation or demolition
10project will exceed a depth of 7 feet. "Depth", in this case,
11is defined as the distance measured vertically from the
12surface of the ground to the top of the sewer facility.
13    (c) Owners and operators of underground sewer facilities
14that are located outside the boundaries of a municipality
15having a population of at least 1,000,000 inhabitants shall be
16required at all times to mark locate the approximate location
17of those sewer facilities when:
18        (1) directional boring is the indicated type of
19    excavation work being performed within the notice;
20        (2) the underground sewer facilities owned are
21    non-gravity, pressurized force mains; or
22        (3) the excavation indicated will occur in the
23    immediate proximity of known underground sewer facilities
24    that are less than 7 feet deep.
25    (d) Owners or operators of underground sewer facilities
26that are located outside the boundaries of a municipality

 

 

HB2263- 43 -LRB103 05762 AMQ 50782 b

1having a population of at least 1,000,000 inhabitants shall
2not hold an excavator liable for damages that occur to sewer
3facilities that were not required to be marked under this
4Section, provided that prompt notice of known the damage is
5made to the State-Wide One-Call Notice System and the utility
6owner as required in Section 7.
7    (e) All entities persons subject to the requirements of
8this Act shall plan and conduct their work consistent with
9reasonable business practices.
10        (1) Conditions may exist making it unreasonable to
11    request that locations be marked by the dig start date and
12    time within 48 hours or by the requested date and time
13    indicated on the notice, whichever is later. In such
14    situations, the excavator and the underground utility
15    facility owner or operator shall interact in good faith to
16    establish a mutually agreeable date and time for the
17    completion of the locate request.
18        (2) It is unreasonable to request owners and operators
19    of underground utility facilities to locate all of their
20    facilities in an affected area upon short notice in
21    advance of a large or extensive nonemergency project. , or
22        (3) It is unreasonableto request extensive locates in
23    excess of a reasonable excavation or demolition work
24    schedule. , or
25        (4) It is unreasonable to request locates under
26    conditions where a repeat request is likely to be made

 

 

HB2263- 44 -LRB103 05762 AMQ 50782 b

1    because of the passage of time or adverse job conditions.
2        (5) During periods where the locate request volume
3    exceeds the reasonable control measurements for an
4    underground utility facility owner or operator within a
5    political subdivision, the advance notice on the locate
6    request provided to the underground utility facility owner
7    or operator may result in additional advance notification
8    being required. If additional advance notification is
9    required, the underground utility facility owner or
10    operator shall be provided up to an additional 2 days
11    advance notification.
12    (f) Owners and operators of underground utility facilities
13must reasonably anticipate seasonal fluctuations in the number
14of locate requests and staff accordingly.
15        (1) Seasonal fluctuations that result in the locate
16    request volume exceeding reasonable control measurements
17    within a political subdivision shall not be considered
18    reasonable for the purposes of this Section.
19        (2) The official reasonable control measurements for
20    the locate request volume shall be provided by the
21    One-Call Notice System and shall be based on comparative
22    historical measurements for a given political subdivision.
23    (g) If an a person owning or operating underground utility
24facility owner or operator facilities receives a notice under
25this Section but does not own or operate any underground
26utility facilities within the proposed excavation or

 

 

HB2263- 45 -LRB103 05762 AMQ 50782 b

1demolition area described in the notice, that underground
2utility facility owner or operator person, within 48 hours or
3by the requested date and time indicated on the notice,
4whichever is later, by the dig start date and time on the
5notice, after receipt of the notice, shall so notify the
6excavator who initiated the notice in accordance with Section
75.1, and may be provided by phone or phone message or by
8marking the excavation or demolition area person engaged in
9excavation or demolition who initiated the notice, unless the
10person who initiated the notice expressly waives the right to
11be notified that no facilities are located within the
12excavation or demolition area.
13    (h) The notification by the owner or operator of
14underground utility facilities to the excavator person engaged
15in excavation or demolition may shall be provided utilizing
16the positive response system, in accordance with Section 5.1,
17and may in addition be provided in any reasonable manner
18including, but not limited to, notification in any one of the
19following ways:
20        (1) by face-to-face communication;
21        (2) by phone or phone message;
22        (3) by facsimile or email;
23        (4) by posting in the excavation or demolition area;
24    or
25        (5) by marking the excavation or demolition area.
26    (i) The owner or operator of those facilities has

 

 

HB2263- 46 -LRB103 05762 AMQ 50782 b

1discharged the owner's or operator's obligation to provide
2notice under this Section if the owner or operator attempts to
3provide notice by one of the following ways:
4            (1) utilizing the positive response system, in
5        accordance with Section 5.1, if the excavator is
6        unable to access the positive response system;
7            (2) telephone or by facsimile, if the person has
8        supplied a facsimile number, but is unable to do so
9        because the excavator person engaged in the excavation
10        or demolition does not answer the excavator's his or
11        her telephone or does not have the ability to receive
12        telephone messages;
13            (3) facsimile, if the excavator has supplied a
14        facsimile number and does not have a facsimile machine
15        in operation to receive the facsimile transmission; or
16            (4) email, if the excavator has supplied an email
17        address and the message is electronically
18        undeliverable an answering machine or answering
19        service to receive the telephone call or does not have
20        a facsimile machine in operation to receive the
21        facsimile transmission.
22     If the underground utility facility owner or operator
23attempts to provide additional notice by telephone or by
24facsimile but receives a busy signal, that attempt shall not
25serve to discharge the underground utility facility owner or
26operator of the obligation to provide notice under this

 

 

 

HB2263- 47 -LRB103 05762 AMQ 50782 b

1Section.
2    A person engaged in excavation or demolition may expressly
3waive the right to notification from the owner or operator of
4underground utility facilities that the owner or operator has
5no facilities located in the proposed excavation or demolition
6area. Waiver of notice is only permissible in the case of
7regular or nonemergency locate requests. The waiver must be
8made at the time of the notice to the State-Wide One-Call
9Notice System. A waiver made under this Section is not
10admissible as evidence in any criminal or civil action that
11may arise out of, or is in any way related to, the excavation
12or demolition that is the subject of the waiver.
13    (j) For the purposes of this Act, the following color
14coding shall be used to mark the approximate location of
15underground utility facilities by the underground utility
16underground facility operators who may utilize a combination
17of flags, stakes, or and paint as when possible on non-paved
18surfaces and when dig site and seasonal conditions warrant. If
19the approximate location of an underground utility facility is
20marked with stakes or other physical means, the following
21color coding shall be employed:
 
22Underground Utility Facility Identification Color
23Facility Owner or Agent Use Only
24

 

 

HB2263- 48 -LRB103 05762 AMQ 50782 b

1Electric Power, Distribution and
2    Transmission........................Safety Red
3Municipal Electric Systems..............Safety Red
4Gas Distribution and Transmission.......High Visibility Safety Yellow
5Oil Distribution and Transmission.......High Visibility Safety Yellow
6Communication Systems................... Safety Alert Orange
7Telephone and Telegraph Systems.........Safety Alert Orange
8Community Antenna Television Systems....Safety Alert Orange
9Water Systems...........................Safety Precaution Blue
10Sewer Systems...........................Safety Green
11Non-potable Water and Slurry Lines......Safety Purple
12
13Excavator Use Only
14
15Temporary Survey........................Safety Pink
16Proposed Excavation.....................
17Safety White (Black when snow is on the ground)
18(Source: P.A. 96-714, eff. 1-1-10.)
 
19    (220 ILCS 50/11)  (from Ch. 111 2/3, par. 1611)
20    Sec. 11. Penalties; liability; fund.
21    (a) Every excavator person who, while engaging in

 

 

HB2263- 49 -LRB103 05762 AMQ 50782 b

1excavation or demolition, willfully wilfully fails to comply
2with the Act by failing to provide the notice to the owners or
3operators of the underground facilities near the excavation or
4demolition area through the State-Wide One-Call Notice System
5as required by Section 4 or 6 of this Act shall be subject to a
6penalty of up to $5,000 for each separate offense and shall be
7liable for the damage caused to the owners or operators of the
8underground utility facility. Every excavator person who fails
9to provide notice and willfully fails to comply with other
10provisions of this Act shall be subject to additional
11penalties of up to $2,500 for each separate offense and shall
12be liable for the damage caused to the owners or operators of
13the underground utility facility.
14    (b) Every excavator person who has provided the notice to
15the owners or operators of the underground utility facilities
16in and near the excavation or demolition area through the
17State-Wide One-Call Notice System as required by Section 4 or
186 of this Act, but otherwise willfully wilfully fails to
19comply with this Act, shall be subject to a penalty of up to
20$2,500 for each separate offense and shall be liable for the
21damage caused to the owners or operators of the underground
22utility facility.
23    (c) Every excavator person who, while engaging in
24excavation or demolition, has provided the notice to the
25owners or operators of the underground utility facilities in
26and near the excavation or demolition area through the

 

 

HB2263- 50 -LRB103 05762 AMQ 50782 b

1State-Wide One-Call Notice System as required by Section 4 or
26 of this Act, but otherwise, while acting reasonably, damages
3any underground utility facilities, shall not be subject to a
4penalty, but shall be liable for the damage caused to the
5owners or operators of the underground utility facility
6provided the underground utility facility is properly marked
7as provided in Section 10 of this Act.
8    (d) Every excavator person who provides notice to the
9owners or operators of the underground utility facilities
10through the State-Wide One-Call Notice System as a no show,
11incomplete, an emergency locate request and the locate request
12is not a no show, incomplete, or an emergency locate request as
13defined in Sections 2.1.3, 2.1.4, or Section 2.6 of this Act
14shall be subject to a penalty of up to $2,500 for each separate
15offense.
16    (e) Owners and operators of underground utility facilities
17who willfully fail to comply with this Act by a failure to
18respond or mark the approximate location of an underground
19utility facilities as required by subsection (h) of Section 4,
20subsection (c) (a) of Section 6, or subsection (a) of Section
2110 of this Act after being notified of planned or emergency
22excavation or demolition through the State-Wide One-Call
23Notice System, shall be subject to a penalty of up to $2,500
24$5,000 for each separate offense.
25        (1) Owners or operators of underground utility
26    facilities who fail to respond through the positive

 

 

HB2263- 51 -LRB103 05762 AMQ 50782 b

1    response system to a locate request as required in
2    subsection (b) of Section 5.1 shall be subject to a
3    penalty of up to $100 for each separate reported offense.
4        (2) Owners or operators of underground utility
5    facilities shall not be subject to a penalty where a delay
6    to respond through the positive response system is caused
7    by conditions beyond the reasonable control of such owners
8    or operators of underground utility facilities.
9        (3) The One-Call Notice System shall provide to the
10    Illinois Commerce Commission on a quarterly basis a
11    tabulation of underground utility facility owners or
12    operators that failed to provide a response to the
13    positive response system by the dig start date and time on
14    the notice.
15    (f) As provided in Section 3 of this Act, all owners or
16operators of underground utility facilities who fail to join
17the State-Wide One-Call Notice System by January 1, 2003 shall
18be subject to a penalty of $100 per day for each separate
19offense. Every day an owner or operator fails to join the
20State-Wide One-Call Notice System is a separate offense. This
21subsection (f) does not apply to utilities operating
22facilities exclusively within the boundaries of a municipality
23with a population of at least 1,000,000 persons.
24    (g) No owner or operator of underground utility facilities
25shall be subject to a penalty where a delay in marking or a
26failure to mark or properly mark the location of an

 

 

HB2263- 52 -LRB103 05762 AMQ 50782 b

1underground utility facility is caused by conditions beyond
2the reasonable control of such owner or operator.
3        (1) For the purposes of this Section, "reasonable
4    control" includes the underground utility facility owner's
5    or operator's ability to staff to an unknown or
6    potentially unknown locate request volume. Each
7    underground utility facility owner or operator shall staff
8    in a manner that such underground utility facility owner
9    or operator can respond in accordance with Section 4 and
10    Section 6 to locate request volume increases as determined
11    by the One-Call Notice System. The official reasonable
12    control measurements shall be determined as set forth in
13    paragraph (2) of subsection (e).
14        (2) If the One-Call Notice System and the underground
15    utility facility owners and operators are provided a
16    minimum of 90-day notice of a large project for a proposed
17    excavation or demolition project, the reasonable control
18    measurement shall factor the advance notice into the
19    official reasonable control measurements.
20    (h) Any entity that person who is neither an agent,
21employee, or authorized locating contractor of the owner or
22operator of the underground utility facility nor an excavator
23involved in the excavation or demolition activity who removes,
24alters, or otherwise damages markings, flags, or stakes used
25to mark the location of an underground utility other than
26during the course of the excavation for which the markings

 

 

HB2263- 53 -LRB103 05762 AMQ 50782 b

1were made or before completion of the project shall be subject
2to a penalty up to $1,000 for each separate offense.
3    (i) (Blank).
4    (j) The Illinois Commerce Commission shall have the power
5and jurisdiction to, and shall, enforce the provisions of this
6Act. The Illinois Commerce Commission may impose
7administrative penalties as provided in this Section. The
8Illinois Commerce Commission may promulgate rules and develop
9enforcement policies, 83 Ill. Adm. Code 265, in the manner
10provided by the Public Utilities Act in order to implement
11compliance with this Act. When a penalty is warranted, the
12following criteria shall be used in determining the magnitude
13of the penalty:
14        (1) gravity of noncompliance;
15        (2) culpability of offender;
16        (3) history of noncompliance for the 18 months prior
17    to the date of the incident; however, when determining
18    noncompliance non-compliance the alleged violator's roles
19    as operator or owner and the entity person engaged in
20    excavating shall be treated separately;
21        (4) (blank) ability to pay penalty;
22        (5) show of good faith of offender;
23        (6) (blank) ability to continue business; and
24        (7) other special circumstances.
25    (k) There is hereby created in the State treasury a
26special fund to be known as the Illinois Underground Utility

 

 

HB2263- 54 -LRB103 05762 AMQ 50782 b

1Facilities Damage Prevention Fund. All penalties recovered
2Illinois Commerce Commission in any action under this Section
3shall be paid into the Fund and shall be distributed annually
4as a grant to the State-Wide One-Call Notice System operated
5by JULIE to be used in safety and informational programs to
6reduce the number of incidents of damage to underground
7utility facilities in Illinois. The distribution shall be made
8during January of each calendar year based on the balance in
9the Illinois Underground Utility Facilities Damage Prevention
10Fund as of December 31 of the previous calendar year. In all
11such actions under this Section, the procedure and rules of
12evidence shall conform with the Code of Civil Procedure, and
13with rules of courts governing civil trials.
14    (l) The Illinois Commerce Commission shall establish an
15Advisory Committee consisting of a representative from each of
16the following: utility operator, JULIE, excavator,
17municipality, and the general public and a nonmunicipal public
18body. The Advisory Committee shall serve as a peer review
19panel for any contested penalties resulting from the
20enforcement of this Act.
21    The members of the Advisory Committee shall be immune,
22individually and jointly, from civil liability for any act or
23omission done or made in performance of their duties while
24serving as members of such Advisory Committee, unless the act
25or omission was the result of willful and wanton misconduct.
26    (m) If, after the Advisory Committee has considered a

 

 

HB2263- 55 -LRB103 05762 AMQ 50782 b

1particular contested penalty and performed its review
2functions under this Act and the Illinois Commerce
3Commission's rules, there remains a dispute as to whether the
4Illinois Commerce Commission should impose a penalty under
5this Act, the matter shall proceed in the manner set forth in
6Article X of the Public Utilities Act, including the
7provisions governing judicial review.
8(Source: P.A. 96-714, eff. 1-1-10.)
 
9    (220 ILCS 50/11.3)
10    Sec. 11.3. Emergency telephone system outages;
11reimbursement. Any excavator person who negligently damages an
12underground utility facility or CATS facility causing an
13emergency telephone system outage must reimburse the public
14safety agency that provides personnel to answer calls or to
15maintain or operate an emergency telephone system during the
16outage for the agency's costs associated with answering calls
17or maintaining or operating the system during the outage. For
18the purposes of this Section, "public safety agency" means the
19same as in Section 2.02 of the Emergency Telephone System Act.
20(Source: P.A. 92-149, eff. 1-1-02.)
 
21    (220 ILCS 50/11.5)
22    Sec. 11.5. Limitation on liability.
23    (a) In joining the State-Wide One-Call Notice System, a
24municipality's liability, under any membership agreement rules

 

 

HB2263- 56 -LRB103 05762 AMQ 50782 b

1and regulations, for the indemnification of (i) the entity
2that is in charge of or managing the System or any officer,
3agent, or employee of that entity or (ii) a member of the
4System or any officer, agent, or employee of a member of the
5System shall be limited to claims arising as a result of the
6acts or omissions of the municipality or its officers, agents,
7or employees or arising out of the operations of the
8municipality's underground utility facilities.
9    (b) Subsection (a) shall not be construed to create any
10additional liability for a municipality in relation to any
11member of the System with which the municipality may have
12entered into a franchise agreement. If a municipality's
13liability for indemnification under a franchise agreement is
14narrower than under this Section, the franchise agreement
15controls.
16(Source: P.A. 90-481, eff. 8-17-97.)
 
17    (220 ILCS 50/12)  (from Ch. 111 2/3, par. 1612)
18    Sec. 12. Noncompliance and enforcement action time frames.
19No action may be brought by the Illinois Commerce Commission
20under Section 11 of this Act unless reported by the excavator
21or the underground utility facility owner or operator
22commenced within 2 years after the date of violation of this
23Act. The Illinois Commerce Commission shall provide notice of
24investigation to the parties involved in the reported alleged
25violation within 10 days of the receipt of the alleged

 

 

HB2263- 57 -LRB103 05762 AMQ 50782 b

1violation. In accordance with subsection (d) of 83 Ill. Adm.
2Code 265.100, reports shall be submitted within 45 days after
3the discovery of the violation. In any case, the report shall
4not be accepted more than 2 years from the suspected date of
5the violation. Reports filed after the 45 day requirement
6shall be considered invalid and no action will be taken by the
7Illinois Commerce Commission.
8(Source: P.A. 86-674.)
 
9    (220 ILCS 50/13)  (from Ch. 111 2/3, par. 1613)
10    Sec. 13. Mandamus or injunction. Where public safety or
11the preservation of uninterrupted, necessary underground
12utility facilities service or community antenna television
13system service is endangered by any excavator person engaging
14in excavation or demolition in a negligent or unsafe manner
15which has resulted in or is likely to result in damage to
16underground utility facilities or CATS facilities or proposing
17to use procedures for excavation or demolition which are
18likely to result in damage to underground utility facilities
19or CATS facilities, or where the owner or operator of
20underground utility facilities or CATS facilities endangers an
21excavator by willfully failing to respond to a locate request,
22the owner or operator of such underground utility facilities
23or the excavator or the State's Attorney or the Illinois
24Commerce Commission at the request of the owner or operator of
25such underground utility facilities or the excavator may

 

 

HB2263- 58 -LRB103 05762 AMQ 50782 b

1commence an action in the circuit court for the county in which
2the excavation or demolition is occurring or is to occur, or in
3which the person complained of has his principal place of
4business or resides, for the purpose of having such negligent
5or unsafe excavation or demolition stopped and prevented or to
6compel the marking of underground utilities facilities or CATS
7facilities, either by mandamus or injunction.
8(Source: P.A. 92-179, eff. 7-1-02.)
 
9    (220 ILCS 50/14)  (from Ch. 111 2/3, par. 1614)
10    Sec. 14. Home rule. The regulation of underground utility
11facilities and CATS facilities damage prevention, as provided
12for in this Act, is an exclusive power and function of the
13State. A home rule unit may not regulate underground utility
14facilities and CATS facilities damage prevention, as provided
15for in this Act. All units of local government, including home
16rule units that are not municipalities of more than 1,000,000
17persons, must comply with the provisions of this Act. To this
18extent, this Section is a denial and limitation of home rule
19powers and functions under subsection (h) of Section 6 of
20Article VII of the Illinois Constitution. A home rule
21municipality of more than 1,000,000 persons that operates its
22own One-Call Notice System may regulate underground utility
23facilities and CATS facilities damage prevention.
24(Source: P.A. 99-121, eff. 7-23-15.)
 

 

 

HB2263- 59 -LRB103 05762 AMQ 50782 b

1    (220 ILCS 50/2.1 rep.)
2    (220 ILCS 50/5 rep.)
3    Section 10. The Illinois Underground Utility Facilities
4Damage Prevention Act is amended by repealing Sections 2.1 and
55.

 

 

HB2263- 60 -LRB103 05762 AMQ 50782 b

1 INDEX
2 Statutes amended in order of appearance
3    220 ILCS 50/1from Ch. 111 2/3, par. 1601
4    220 ILCS 50/2from Ch. 111 2/3, par. 1602
5    220 ILCS 50/2.1.1 new
6    220 ILCS 50/2.1.2 new
7    220 ILCS 50/2.1.3
8    220 ILCS 50/2.1.4
9    220 ILCS 50/2.1.5
10    220 ILCS 50/2.1.7 new
11    220 ILCS 50/2.1.8 new
12    220 ILCS 50/2.1.9
13    220 ILCS 50/2.1.11 new
14    220 ILCS 50/2.1.12 new
15    220 ILCS 50/2.2from Ch. 111 2/3, par. 1602.2
16    220 ILCS 50/2.3from Ch. 111 2/3, par. 1602.3
17    220 ILCS 50/2.4from Ch. 111 2/3, par. 1602.4
18    220 ILCS 50/2.5from Ch. 111 2/3, par. 1602.5
19    220 ILCS 50/2.6
20    220 ILCS 50/2.7
21    220 ILCS 50/2.8
22    220 ILCS 50/2.9
23    220 ILCS 50/2.10
24    220 ILCS 50/2.11
25    220 ILCS 50/2.12 new

 

 

HB2263- 61 -LRB103 05762 AMQ 50782 b

1    220 ILCS 50/2.13 new
2    220 ILCS 50/2.14 new
3    220 ILCS 50/2.15 new
4    220 ILCS 50/2.16 new
5    220 ILCS 50/2.17 new
6    220 ILCS 50/2.18 new
7    220 ILCS 50/2.19 new
8    220 ILCS 50/3from Ch. 111 2/3, par. 1603
9    220 ILCS 50/4from Ch. 111 2/3, par. 1604
10    220 ILCS 50/4.1 new
11    220 ILCS 50/5.1 new
12    220 ILCS 50/5.2 new
13    220 ILCS 50/5.3 new
14    220 ILCS 50/5.4 new
15    220 ILCS 50/6from Ch. 111 2/3, par. 1606
16    220 ILCS 50/7from Ch. 111 2/3, par. 1607
17    220 ILCS 50/7.5 new
18    220 ILCS 50/8from Ch. 111 2/3, par. 1608
19    220 ILCS 50/9from Ch. 111 2/3, par. 1609
20    220 ILCS 50/10from Ch. 111 2/3, par. 1610
21    220 ILCS 50/11from Ch. 111 2/3, par. 1611
22    220 ILCS 50/11.3
23    220 ILCS 50/11.5
24    220 ILCS 50/12from Ch. 111 2/3, par. 1612
25    220 ILCS 50/13from Ch. 111 2/3, par. 1613
26    220 ILCS 50/14from Ch. 111 2/3, par. 1614

 

 

HB2263- 62 -LRB103 05762 AMQ 50782 b

1    220 ILCS 50/2.1 rep.
2    220 ILCS 50/5 rep.