Full Text of SB1714 94th General Assembly
SB1714eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Underground Utility Facilities | 5 |
| Damage Prevention Act is amended by changing Sections 2, 2.2, | 6 |
| 4, 6, and 10 and by adding Sections 2.9 and 2.10 as follows:
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| (220 ILCS 50/2) (from Ch. 111 2/3, par. 1602)
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| Sec. 2. Definitions. As used in this Act, unless the | 9 |
| context clearly
otherwise
requires, the terms specified in | 10 |
| Sections 2.1 through 2.10
2.8 have the
meanings
ascribed to | 11 |
| them in those Sections.
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| (Source: P.A. 92-179, eff. 7-1-02.)
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| (220 ILCS 50/2.2) (from Ch. 111 2/3, par. 1602.2)
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| Sec. 2.2. Underground utility facilities. "Underground | 15 |
| utility
facilities" or "facilities" means and
includes wires, | 16 |
| ducts, fiber optic cable, conduits, pipes, sewers, and
cables | 17 |
| and
their connected appurtenances installed beneath the | 18 |
| surface of the ground
by a public utility (as is defined in the | 19 |
| Illinois Public Utilities Act, as
amended), or by a municipally | 20 |
| owned or mutually owned utility providing a
similar utility | 21 |
| service, except an electric cooperative as defined in the
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| Illinois Public Utilities Act, as amended, or by a pipeline | 23 |
| entity
transporting gases, crude oil, petroleum products, or | 24 |
| other hydrocarbon
materials within the State , or by a | 25 |
| telecommunications carrier as defined in
the Universal | 26 |
| Telephone Service Protection Law of 1985, or by a company
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| described in Section 1 of "An Act relating to the powers, | 28 |
| duties and
property of telephone companies", approved May 16, | 29 |
| 1903, as amended, or by
a community antenna television system, | 30 |
| hereinafter referred to as "CATS",
as defined in the Illinois | 31 |
| Municipal Code, as amended.
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| (Source: P.A. 92-179, eff. 7-1-02.)
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| (220 ILCS 50/2.9 new) | 3 |
| Sec. 2.9. "Forty-eight hours" means 2 business days | 4 |
| beginning at 8 a.m. and ending at 4 p.m. (exclusive of | 5 |
| Saturdays, Sundays, and holidays recognized by the State-Wide | 6 |
| One-Call Notice System or the municipal one-call notice | 7 |
| system). All requests for locates received after 4 p.m. will be | 8 |
| processed as if received at 8 a.m. the next business day. | 9 |
| (220 ILCS 50/2.10 new) | 10 |
| Sec. 2.10. "Open cut utility locate" means a method of | 11 |
| locating underground utility facilities that requires | 12 |
| excavation by the owner, operator, or agent of the underground | 13 |
| facility.
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| (220 ILCS 50/4) (from Ch. 111 2/3, par. 1604)
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| Sec. 4. Required activities. Every person who engages in | 16 |
| nonemergency
excavation or
demolition shall:
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| (a) take reasonable action to inform himself of the
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| location of any underground utility facilities or CATS | 19 |
| facilities in and
near the area for which such operation is to | 20 |
| be conducted;
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| (b) plan the excavation or demolition to avoid or minimize | 22 |
| interference with
underground utility facilities or CATS | 23 |
| facilities within the tolerance zone
by utilizing such | 24 |
| precautions that include, but are not limited to, hand
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| excavation, vacuum excavation methods, and visually inspecting | 26 |
| the excavation
while in progress until clear of the existing | 27 |
| marked facility;
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| (c) if practical, use white paint, flags, stakes, or both, | 29 |
| to outline the
dig site;
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| (d) provide notice not less than 48 hours
(exclusive
of | 31 |
| Saturdays, Sundays and holidays) but no more than 14 calendar | 32 |
| days in
advance of the start of the
excavation or demolition to | 33 |
| the owners or operators of the underground
utility facilities |
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| or CATS facilities in and near the excavation or
demolition | 2 |
| area through the State-Wide One-Call Notice System or, in the
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| case of nonemergency excavation or demolition within the | 4 |
| boundaries of a
municipality of at least one million persons | 5 |
| which operates its own
one-call notice system, through the | 6 |
| one-call notice system which operates
in that municipality;
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| (e) provide, during and following excavation or | 8 |
| demolition,
such support for
existing underground utility | 9 |
| facilities or CATS facilities in and near the
excavation or | 10 |
| demolition area as may be reasonably necessary for the | 11 |
| protection
of such facilities unless otherwise agreed to by the | 12 |
| owner or operator of the
underground facility or CATS facility;
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| (f) backfill all excavations in such manner and with such
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| materials as may
be reasonably necessary for the protection of | 15 |
| existing underground utility
facilities or CATS facilities in | 16 |
| and near the excavation or demolition area;
and
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| (g) After February 29, 2004, when the excavation or | 18 |
| demolition project
will extend past 28 calendar days from the | 19 |
| date of the original notice provided
under clause (d), the | 20 |
| excavator shall provide a subsequent notice to the owners
or | 21 |
| operators of the underground utility facilities or CATS | 22 |
| facilities in and
near the excavation or demolition area | 23 |
| through the State-Wide One-Call Notice
System
or, in the case | 24 |
| of excavation or demolition within the boundaries of a
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| municipality having a population of at least 1,000,000 | 26 |
| inhabitants that
operates its own one-call
notice system, | 27 |
| through the one-call notice system that operates in that
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| municipality
informing utility owners and operators that | 29 |
| additional time to complete
the excavation or demolition | 30 |
| project will be required. The notice will provide
the excavator | 31 |
| with an additional 28 calendar days from the date of the
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| subsequent notification to continue or complete the excavation | 33 |
| or demolition
project.
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| At a minimum, the notice required under clause (d) shall | 35 |
| provide:
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| (1) the person's name, address, and (i) phone number at |
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| which a person
can be reached and (ii) fax number;
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| (2) the start date of the planned excavation or | 3 |
| demolition;
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| (3) the address at which the excavation or demolition | 5 |
| will take place;
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| (4) the type and extent of the work involved; and
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| (5) section/quarter sections when the above | 8 |
| information does not
allow the State-Wide One-Call Notice | 9 |
| System to determine the appropriate
geographic | 10 |
| section/quarter sections. This item (5) does not apply to
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| residential property owners.
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| Nothing in this Section prohibits the use of any method of | 13 |
| excavation if
conducted in a manner that would avoid | 14 |
| interference with
underground utility facilities or CATS | 15 |
| facilities.
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| (Source: P.A. 92-179, eff. 7-1-02; 93-430, eff. 8-5-03.)
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| (220 ILCS 50/6) (from Ch. 111 2/3, par. 1606)
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| Sec. 6. Emergency excavation or demolition.
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| (a) Every person who
engages in emergency excavation or
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| demolition outside of the boundaries of a municipality of at | 21 |
| least one
million persons which operates its own one-call | 22 |
| notice system shall take
all reasonable precautions to avoid or | 23 |
| minimize
interference between the emergency work and existing | 24 |
| underground utility
facilities or CATS facilities in and near | 25 |
| the excavation or demolition
area, through the State-Wide | 26 |
| One-Call Notice System,
and shall notify, as far in advance as | 27 |
| possible, the owners or operators of
such underground utility | 28 |
| facilities or CATS facilities in and near the
emergency | 29 |
| excavation or demolition area, through the State-Wide One-Call
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| Notice System.
At a minimum, the notice required under this | 31 |
| subsection (a) shall provide:
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| (1) the person's name, address, and (i) phone number at | 33 |
| which a person can
be reached and (ii) fax number;
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| (2) the start date of the planned emergency excavation | 35 |
| or demolition;
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| (3) the address at which the excavation or demolition | 2 |
| will take place; and
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| (4) the type and extent of the work involved.
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| A 2-hour wait time exists after an emergency locate | 5 |
| notification request is
made through the State-Wide One-Call | 6 |
| Notice System. If the conditions at the
site dictate an earlier | 7 |
| start than the 2-hour wait time, it is the
responsibility of | 8 |
| the excavator to demonstrate that site conditions warranted
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| this earlier start time.
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| (b) Every person who engages in emergency excavation or | 11 |
| demolition
within the boundaries of a municipality of at least | 12 |
| one million persons
which operates its own one-call notice | 13 |
| system shall take all reasonable
precautions to avoid or | 14 |
| minimize interference between the emergency work
and existing | 15 |
| underground utility facilities or CATS facilities in and near
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| the excavation or demolition area, through the municipality's | 17 |
| one-call
notice system, and shall notify, as far in advance as | 18 |
| possible, the owners
and operators of underground utility | 19 |
| facilities or CATS facilities in and
near the emergency | 20 |
| excavation or demolition area, through the
municipality's | 21 |
| one-call notice system.
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| (c) The reinstallation of traffic control devices shall be | 23 |
| deemed an
emergency for purposes of this Section.
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| (d) An open cut utility locate shall be deemed an emergency | 25 |
| for purposes of this Section.
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| (Source: P.A. 92-179, eff. 7-1-02.)
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| (220 ILCS 50/10) (from Ch. 111 2/3, par. 1610)
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| Sec. 10. Record of notice; marking of facilities. Upon | 29 |
| notice by the
person engaged in excavation or
demolition, the | 30 |
| person owning or operating underground utility facilities
or | 31 |
| CATS facilities in or near the excavation or demolition area | 32 |
| shall
cause a written record to be made of the notice and shall | 33 |
| mark, within 48
hours (excluding Saturdays, Sundays and | 34 |
| holidays) of receipt of notice, the
approximate locations of | 35 |
| such facilities so as to enable the person excavating
or |
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| demolishing to establish the location of the underground | 2 |
| utility facilities
or CATS facilities. Owners and operators of | 3 |
| underground sewer facilities
that are located outside the | 4 |
| boundaries of a municipality having a population
of at least | 5 |
| 1,000,000 inhabitants
shall be required to
respond and mark the | 6 |
| approximate location of those sewer facilities when
the | 7 |
| excavator indicates, in the notice required in Section 4, that | 8 |
| the
excavation or demolition project will exceed a depth of 7 | 9 |
| feet. "Depth", in
this
case, is defined as the distance | 10 |
| measured vertically from the surface of the
ground to the top | 11 |
| of the sewer facility. Owners and operators of underground
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| sewer
facilities
that are located outside the boundaries of a | 13 |
| municipality having a population
of at least 1,000,000 | 14 |
| inhabitants
shall be required at all times to locate the | 15 |
| approximate location of
those sewer facilities
when: (1) | 16 |
| directional
boring is the indicated type of excavation work | 17 |
| being performed within the
notice; (2) the underground sewer | 18 |
| facilities owned are non-gravity, pressurized
force mains; or | 19 |
| (3) the excavation indicated will occur in the immediate
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| proximity of known
underground sewer facilities that are less | 21 |
| than 7 feet deep. Owners or
operators of underground sewer
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| facilities that are located outside the boundaries of a | 23 |
| municipality having a
population
of at least 1,000,000 | 24 |
| inhabitants
shall not hold an excavator liable for damages that | 25 |
| occur to sewer
facilities that were not required to be marked | 26 |
| under this Section, provided
that
prompt notice of the damage | 27 |
| is made to the State-Wide One-Call Notice System
and
the | 28 |
| utility owner as required in Section 7.
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| All persons subject to the requirements of this Act shall | 30 |
| plan and conduct
their work consistent with reasonable business | 31 |
| practices. Conditions may exist
making it unreasonable to | 32 |
| request that locations be marked within 48 hours. It
is | 33 |
| unreasonable to request owners and operators of underground | 34 |
| utility
facilities and CATS facilities to locate all of their | 35 |
| facilities in an affected
area upon
short notice in advance of | 36 |
| a large or extensive nonemergency project, or to
request |
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| extensive locates in excess of a reasonable excavation or | 2 |
| demolition
work schedule, or to request locates under | 3 |
| conditions where a repeat request is
likely
to be made because | 4 |
| of the passage of time or adverse job conditions.
Owners
and | 5 |
| operators of underground utility facilities and CATS | 6 |
| facilities must
reasonably anticipate seasonal fluctuations in | 7 |
| the number of locate requests
and staff accordingly.
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| If a person owning or operating underground utility | 9 |
| facilities or CATS
facilities receives a notice under this | 10 |
| Section but does not own
or operate any underground utility | 11 |
| facilities or CATS facilities within the
proposed excavation or | 12 |
| demolition area described in the notice, that person,
within 48 | 13 |
| hours (excluding Saturdays, Sundays, and holidays) after | 14 |
| receipt
of the notice, shall so notify the person engaged in | 15 |
| excavation or demolition
who initiated the notice, unless the | 16 |
| person who initiated the notice
expressly waives the right to | 17 |
| be notified that no facilities are located within
the | 18 |
| excavation or demolition area. The notification by the owner or | 19 |
| operator
of
underground utility facilities or CATS facilities | 20 |
| to the person engaged in
excavation or demolition may be | 21 |
| provided in any reasonable manner including,
but not limited | 22 |
| to, notification in any one of the following ways: by
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| face-to-face communication; by phone or phone message; by | 24 |
| facsimile; by posting
in the excavation or demolition area; or | 25 |
| by marking the excavation or
demolition area. The owner or | 26 |
| operator of those facilities has discharged the
owner's or | 27 |
| operator's obligation to provide notice under this Section if | 28 |
| the
owner or operator attempts to provide notice by telephone | 29 |
| or by facsimile, if
the person has supplied a facsimile number, | 30 |
| but is unable to do
so because the person engaged in the | 31 |
| excavation or demolition does not answer
his or her telephone | 32 |
| or does not have an answering machine or answering service
to | 33 |
| receive the telephone call or does not have a facsimile machine | 34 |
| in operation
to receive the facsimile transmission. If the | 35 |
| owner or operator attempts to
provide notice by telephone or by | 36 |
| facsimile but receives a busy signal, that
attempt shall not |
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| serve to discharge the owner or operator of the obligation to
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| provide notice under this Section.
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| A person engaged in excavation or demolition may expressly | 4 |
| waive the right
to notification from the owner or operator of | 5 |
| underground utility facilities or
CATS facilities that the | 6 |
| owner or operator has no facilities located in the
proposed | 7 |
| excavation or demolition area. Waiver of notice is only | 8 |
| permissible
in the case of regular or nonemergency locate | 9 |
| requests. The waiver must be
made at the time of
the notice to | 10 |
| the State-Wide One-Call Notice System. A waiver made under this
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| Section is not admissible as evidence in any criminal or civil | 12 |
| action that may
arise out of, or is in any way related to, the | 13 |
| excavation or demolition that is
the subject of the waiver.
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| For the purposes of this Act,
underground facility | 15 |
| operators may utilize a combination of flags, stakes,
and paint | 16 |
| when possible on non-paved surfaces and when dig site and | 17 |
| seasonal
conditions warrant. If the approximate
location of an | 18 |
| underground utility facility or CATS facility is marked with
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| stakes or other physical means, the following color coding | 20 |
| shall be employed:
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21 | | Underground Facility
Utility or | 22 | | Community Antenna | Identification Color |
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23 | | Television Systems and Type | |
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24 | | of Product | |
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25 | | Facility Owner or Agent Use Only | |
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26 | | Electric Power, Distribution and | |
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27 | | Transmission ........................ | Safety Red |
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28 | | Municipal Electric Systems .............. | Safety Red |
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29 | | Gas Distribution and Transmission ....... | High Visibility |
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30 | | | Safety Yellow |
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31 | | Oil Distribution and Transmission ....... | High Visibility |
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32 | | | Safety Yellow |
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33 | | Telephone and Telegraph Systems ......... | Safety Alert Orange |
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34 | | Community Antenna Television Systems .... | Safety Alert Orange |
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| 1 | | Water Systems ........................... | Safety |
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2 | | | Precaution Blue |
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3 | | Sewer Systems ........................... | Safety Green |
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4 | | Non-potable Water and Slurry Lines ...... | Safety Purple |
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5 | | Excavator Use Only
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6 | | Temporary Survey ........................ | Safety Pink |
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7 | | Proposed Excavation ..................... | Safety White (Black |
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8 | | | when snow is |
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9 | | | on the ground) |
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| (Source: P.A. 92-179, eff. 7-1-02; 93-430, eff. 8-5-03 .)
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
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