90th General Assembly
Status of HB1174
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PERSICO-NOVAK.

(KARPIEL)

   430 ILCS 55/2             from Ch. 127 1/2, par. 1002                       
   430 ILCS 55/4             from Ch. 127 1/2, par. 1004                       
   430 ILCS 55/5             from Ch. 127 1/2, par. 1005                       
   430 ILCS 55/6             from Ch. 127 1/2, par. 1006                       

        Amends the Hazardous Material  Emergency  Response  Reimbursement      
   Act.   Provides  that  it  is  the  intent  of the General Assembly to      
   alleviate the financial hardship imposed on  all  (instead  of  small)      
   communities  that  respond  to emergency incidents involving hazardous      
   materials.  Provides that appropriations shall be made from designated      
   sources to the Emergency Response Reimbursement Fund.   Provides  that      
   if  an  emergency  response  agency is not reimbursed by a responsible      
   party within 180 days after the agency incurs costs  and  without  the      
   agency  having  to  institute  a  civil action against the responsible      
   party, money in the  Fund  shall  be  used  to  reimburse  the  agency      
   (instead  of if the agency is not reimbursed by the responsible party,      
   money in the Fund shall be used to reimburse  the  agency).   Provides      
   that  cost  recovery  from the Fund is limited to the payment of costs      
   incurred by the agency  or  a  contractor  hired  by  the  agency  and      
   replacement  of  expended  materials  (now  limited  to replacement of      
   expended materials).  Removes the  limitation  on  reimbursement  that      
   provides  that  the  applicable cost of supplies must exceed 5% of the      
   agency's budget.  Provides that  upon  judgment  for  the  State  Fire      
   Marshal  in a civil action, the State is entitled to punitive damages.      
   Effective immediately.                                                      
        HOUSE AMENDMENT NO. 1.                                                 
        Provides that upon judgment for the State Fire Marshal in a civil      
   action to recover costs  because  of  the  failure  to  reimburse  the      
   emergency  responder or the Emergency Response Reimbursement Fund, the      
   State may (instead of shall) be entitled to punitive damages.               
        HOUSE AMENDMENT NO. 2.                                                 
        Changes the effective date to January 1, 1999.                         
        SENATE AMENDMENT NO. 2.                                                
          Deletes reference to:                                                
          430 ILCS 55/4                                                        
          430 ILCS 55/6                                                        
        Removes the amendatory provisions  concerning  appropriations  to      
   the  Emergency Response Reimbursement Fund, reimbursement to emergency      
   response agencies, and the State's entitlement to punitive damages  to      
   restore  existing  law, except in the limitation to moneys in the           
   Emergency  Response  Reimbursement  Fund  being  used   to   reimburse      
   emergency  response  agencies,  provides  that  the applicable cost of      
   supplies must exceed 2% (instead of  5%)  of  the  emergency  response      
   agency's  annual  budget.   Changes  the effective date from effective      
   January 1, 1999 to effective immediately.                                   
   97-02-28  H  FIRST READING                                                  
   97-02-28  H  ADDED AS A JOINT SPONSOR                 NOVAK                 
   97-02-28  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   97-03-05  H       ASSIGNED TO COMMITTEE               ENVRMNT ENRGY         
   97-03-20  H                             AMENDMENT NO. 01-ENVRMNT ENRGY H    
   97-03-20  H                                   ADOPTED                       
   97-03-20  H                             AMENDMENT NO. 02-ENVRMNT ENRGY H    
   97-03-20  H                                   ADOPTED                       
   97-03-20  H  DO PASS AMENDED/SHORT DEBATE             018-002-000   HENE    
   97-03-20  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   97-04-08  H  SECOND READING-SHORT DEBATE                                    
   97-04-08  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   97-04-12  H  THIRD READING/SHORT DEBATE/PASSED        115-000-000           
   97-04-14  S  ARRIVE IN SENATE                                               
   97-04-14  S  PLACED CALENDAR ORDER OF FIRST READING                         
   97-04-17  S  CHIEF SPONSOR                            KARPIEL               
   97-04-18  S  FIRST READING                                                  
   97-04-18  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   97-04-25  S       ASSIGNED TO COMMITTEE               ENVIR & ENE           
   97-05-08  S       DO PASS                             009-000-000   SENV    
   97-05-08  S  PLACED ON CALENDAR ORDER OF 2ND READING  97-05-09              
   97-05-09  S  SECOND READING                                                 
   97-05-09  S  PLACED ON CALENDAR ORDER OF 3RD READING  97-05-12              
   97-05-12  S  FILED WITH SECRETARY                                           
   97-05-12  S                             AMENDMENT NO. 01-KARPIEL            
   97-05-12  S                     AMENDMENT REFERRED TO SRUL                  
   97-05-13  S  THIRD READING - PASSED                   057-000-000           
   97-05-13  S  TABLED PURSUANT TO RULE                  5-4(A) SA 01          
   97-05-13  S  MOTION FILED TO RECONSIDER VOTE          KARPIEL               
   97-05-13  S  MOTION TO RECONSIDER VOTE - PREVAILS     053-000-000           
   97-05-13  S  PLACED ON CALENDAR ORDER OF 3RD READING  97-05-14              
   97-05-13  S  FILED WITH SECRETARY                                           
   97-05-13  S                             AMENDMENT NO. 02-KARPIEL            
   97-05-13  S                     AMENDMENT REFERRED TO SRUL                  
   97-05-13  S                             AMENDMENT NO. 02-KARPIEL            
   97-05-13  S                           RULES REFERS TO SENV                  
   97-05-15  S                             AMENDMENT NO. 02-KARPIEL            
   97-05-15  S                                BE ADOPTED SENV/007-000-000      
   97-05-15  S  RECALLED TO SECOND READING                                     
   97-05-15  S                             AMENDMENT NO. 02-KARPIEL            
   97-05-15  S                                   ADOPTED                       
   97-05-15  S  PLACED ON CALENDAR ORDER OF 3RD READING  97-05-16              
   97-05-16  S  THIRD READING - PASSED                   057-000-000           
   97-05-16  H  ARRIVE IN HOUSE                                                
   97-05-16  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  02                    
   97-05-17  H  MOTION FILED CONCUR                      02/PERSICO            
   97-05-17  H  REFERRED TO RULES COMMITTEE/RULE 75(A)   02                    
   97-05-17  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  02                    
   97-05-19  H                        MOTION REFERRED TO 02/HENE               
   97-05-19  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  02                    
   97-05-23  H             BE APPROVED FOR CONSIDERATION 02/023-000-000        
   97-05-23  H  HSE CONCURS IN SEN AMENDMENTS (NO.)      02/117-000-000        
   97-05-23  H  PASSED BOTH HOUSES                                             
   97-06-20  H  SENT TO THE GOVERNOR                                           
   97-08-17  H  GOVERNOR APPROVED                                              
   97-08-17  H                            EFFECTIVE DATE 97-08-17              
   97-08-17  H  PUBLIC ACT.............................. 90-0467               

   END OF INQUIRY 



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