HB3881 EngrossedLRB102 11464 CPF 16798 b


  
1    AN ACT concerning safety.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  



 
 
4    Section 5. The Illinois Hazardous Materials Transportation 
5Act is amended  by changing Section 3 as follows:
 



6    (430 ILCS 30/3)  (from Ch. 95 1/2, par. 700-3)



7    Sec. 3. 
Unless the context otherwise clearly requires, as 
8used in
this Act:

9    "Commerce" means trade, traffic, commerce or 
10transportation within
the State;

11    "Department" means the Illinois Department of 
12Transportation;

13    "Discharge" means leakage, seepage, or other release;

14    "Hazardous material" means a substance or material in a 
15quantity and
form determined by the United States Department 
16of Transportation to be
capable of posing an unreasonable risk 
17to health and safety or property
when transported in commerce;

18    "Knowingly" means a person has actual knowledge of the 
19facts giving rise to
the violation or a reasonable person 
20acting in the circumstances and exercising
due care would have 
21such knowledge;

22    "Law Enforcement Officials" means the Illinois State 
23Police or any
duly authorized employees of a local 
 
 
HB3881 Engrossed- 2 -LRB102 11464 CPF 16798 b

1governmental agency who are
primarily responsible for 
2prevention or detection of crime and
enforcement of the 
3criminal code and the highway and traffic laws of
this State or 
4any political subdivision of such State;

5    "Local road" means any State or local highway except for 
6(i) a highway with 4 or more lanes, or (ii) an interstate 
7highway. 
8    "Person" means any natural person or individual, 
9governmental body,
firm, association, partnership, 
10copartnership, joint venture, company,
corporation, joint 
11stock company, trust, estate or any other legal
entity or 
12their legal representative, agent or assigns;

13    "Transports" or "transportation" means any movement of 
14property over
the highway and any loading, unloading or 
15storage incidental to such
movement.

16(Source: P.A. 90-263, eff. 7-30-97.)

  
 
17    Section 99. Effective date. This Act takes effect upon 
18becoming law.