HB1135 96TH GENERAL ASSEMBLY

LRB096 04589 RLJ 14646 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1135

Introduced 2/11/2009, by Rep. Michael W. Tryon

SYNOPSIS AS INTRODUCED:

65 ILCS 5/1-4-9 new
745 ILCS 10/2-101	from Ch. 85, par. 2-101

Amends the Illinois Municipal Code. Provides that municipalities shall be liable for damages to real estate within or outside of the corporate boundaries of the municipality damaged by overflow or otherwise damaged by reason of the construction, enlargement or use of any channel, ditch, drain, outlet, or other improvement by the municipality. Provides that, if judgment is rendered against a municipality for damages, then the plaintiff may recover reasonable attorneys' fees. Specifies notice requirements. Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that municipalities shall be liable for damages to real estate within or outside of the corporate boundaries of the municipality damaged under certain specified circumstances. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Illinois Municipal Code is amended by adding Section 1-4-9 as follows:

(65 ILCS 5/1-4-9 new)

Sec. 1-4-9. Liability for water overflow. Municipalities shall be liable for all damages to real estate within or outside of the corporate boundaries of the municipality which shall be overflowed or otherwise damaged by reason of the construction, enlargement or use of any channel, ditch, drain, outlet, or other improvement by the municipality; and actions to recover such damages may be brought in the county where such real estate is situated. If judgment is rendered against such municipality for damages, then the plaintiff may recover reasonable attorneys' fees. Provided, however, it shall appear in the plaintiff's motion for attorney's fees, that the plaintiff notified the corporate authorities of the municipality, in writing, at least 60 days before the suit was commenced by leaving a copy of such notice with at least one member of the corporate authority of the municipality, stating that he or she claims damages to the amount of (dollars) by reason of (the cause of damage) and intends to sue for the same. The amount recovered by the plaintiff must be larger than the amount offered by the corporate authorities of the municipality (if anything) as a compromise for damages sustained.

Section 10. The Local Governmental and Governmental Employees Tort Immunity Act is amended by changing Section 2-101 as follows:

(745 ILCS 10/2-101) (from Ch. 85, par. 2-101)

Sec. 2-101. Nothing in this Act affects the right to obtain relief other than damages against a local public entity or public employee. Nothing in this Act affects the liability, if any, of a local public entity or public employee, based on:

a contract;

b operation as a common carrier; and this Act does not apply to any entity organized under or subject to the "Metropolitan Transit Authority Act", approved April 12, 1945, as amended;

c The "Workers' Compensation Act", approved July 9, 1951, as heretofore or hereafter amended;

d The "Workers' Occupational Diseases Act", approved July 9, 1951, as heretofore or hereafter amended;

e Section 1-4-7 of the "Illinois Municipal Code", approved May 29, 1961, as heretofore or hereafter amended; .

f The "Illinois Uniform Conviction Information Act", enacted by the 85th General Assembly, as heretofore or hereafter amended; .

g Section 1-4-9 of the "Illinois Municipal Code" as heretofore or hereafter amended.

(Source: P.A. 85-922.)

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