R2002-168A AUTHORIZING AN AGREEMENT

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1 � • . HB2138 Enrolled -17- LRB9205929JSpc 1 underground utility facilities or CATS facilities, or where 2 the owner or operator of underaround utility facilities or 3 CATS facilities endanqers an excavator by willfully failing 4 to respond to a locate request, the owner or operator of such 5 facilities or the excavator or the State's Attorney or the 6 Illinois Commerce Commission at the request of the owner or 7 �erator of such facilities or the excavator may commence an 8 action7--e�-�ke-S�a�els-A��e�xeyT-aE-E�e-�eq�es�-e€-��e-ewxe� 9 e�-ege�a�e�-e€--sae�--€ae3��3es--o�--�ke--��3se3s--Eo�me�ee 10 Ee��ss3ea;--s�a��--ee��esee--as-aeE3eaT in the circuit court 11 for the county in which the excavation or demolition is 12 occurring or is to occur, or in which the person complained 'des for the 13 of has his principal place of business or resi , 14 purpose of having such negligent or unsafe excavation or 15 demolition stopped and prevented or to compel the marking of 16 underqround utilities facilities or CATS facilities, either 17 b mandamus or in'unction. Y J 18 (Source: P.A. 86-674.) 19 (220 ILCS SO/14) (from Ch. 111 2/3, par. 1614) 20 Sec. 14. Home rule. The regulation of underground 21 utility facilities and CATS facilities damage prevention, as 22 provided for in this Act, is an exclusive power and function 23 of the State. A home rule unit may not regulate underground 24 utility facilities and CATS facilities damage prevention, as 25 provided for in this Act. All units of local government, 26 includinq home rule units, must comply with the provisiona of 27 this Act. This Section is a denial and limitation of home , 28 rule powers and functions under subsection (h) of Section 6 i 29 of Article VII of the Illinois Constitution. 30 (Source: P.A. 86-674.) 31 Section 99. Effective date. This Act takes effect July 32 1, 2002.