HB1049 Summary

• Establishes liability for Metropolitan Water Reclamation Districts for residential property damage caused by flooding resulting from the district's performance of its duties, effective on the bill's enactment date.

• Requires property owners to notify district trustees in writing 60 days before filing a claim and submit an affidavit with a licensed plumber's assessment confirming the flooding damage and reasonable cause for the lawsuit.

• Caps damage awards at $100,000 per claimant and allows recovery of reasonable attorney's fees if the plaintiff met notification requirements and recovered more than the district's settlement offer.

• Grants the Court of Claims exclusive jurisdiction over flooding damage claims under Section 8(j) of the Court of Claims Act while prohibiting the General Assembly from appropriating funds to pay these claims.

• Removes the district's negligence immunity defense in court proceedings for these flooding claims.