Public Act 094-0001
 		





HB1411 Enrolled
LRB094 08721 DRH 38934 b






    AN ACT concerning transportation.

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

 
    Section 5. The Illinois Vehicle Code is amended  by adding 
Section 18b-106.2 as follows:
 
    (625 ILCS 5/18b-106.2  new)
    Sec. 18b-106.2. Hours of service; utility service 
interruption emergencies.
    (a) As used in this Section:
    "Commercial driver's license" has the meaning set forth in 
Section 1-111.6 of this Code.
    "Commercial motor vehicle" has the meaning set forth in 
Section 18b-101 of this Code.
    "Utility service interruption emergency" means an outage 
or interruption of utility service in Illinois occasioned by a 
set of circumstances included in the definition of "emergency" 
set forth at 49 CFR 390.5.
    "Utility service" means the repairing, maintaining, or 
operating of any structures or any other physical facilities 
necessary for the delivery of utility services, including the 
furnishing of electric, gas, water, sanitary sewer, telephone, 
and television cable or community antenna service.
    "Utility service vehicle" has the meaning set forth in 49 
CFR 395.2.
    (b) Upon receipt of notification of a utility service 
interruption emergency by a utility service provider, the 
Illinois Department of Transportation shall declare that an 
emergency exists pursuant to 49 CFR 390.23.  Should an audit by 
the Illinois Department of Transportation establish that there 
has been an abuse of the notification procedure by a utility 
service provider, the Illinois Department of Transportation 
may refuse to grant emergency declarations to that utility 
service provider in the future without further confirmation of 
the existence of a utility service interruption emergency.
    (c) A utility service interruption emergency continues 
until:
        (1)  the necessary maintenance or repair work is 
    completed; and
        (2)  personnel used to perform necessary maintenance or 
    repair work have returned to their respective normal work 
    routines.
    (d) An individual is exempt from any regulation of the 
maximum hours of service that an employee may work under 49 CFR 
395 if he or she:
        (1)  is the holder of a commercial driver's license;
        (2)  is:
            (A)  an employee;
            (B)  an employee of a contractor; or
            (C)  an employee of a subcontractor;
    of a utility service provider in an employment capacity in 
    which the commercial driver's license is used; and
        (3) operates a commercial motor vehicle as a utility 
    service vehicle and engages in intrastate maintenance or 
    repair work in response to a utility service interruption 
    emergency.
    (e) The exemption from maximum hours of service regulations 
provided under subsection (d) shall not exceed the duration of 
the utility service provider's or driver's direct assistance in 
providing utility service interruption emergency relief, or 5 
days from the date of the initial declaration, whichever is 
less.
    (f) Nothing in this amendatory Act of the 94th General 
Assembly shall be construed to contravene any federal law or to 
jeopardize State of Illinois entitlement to federal funding.  If 
any provision of this amendatory Act of the 94th General 
Assembly or its application is found to jeopardize federal 
funding, that provision is declared invalid but does not affect 
any other provision or application.  The provisions of this 
amendatory Act of the 94th General Assembly are declared to be 
severable.

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