Public Act 0513 102ND GENERAL ASSEMBLY

HB3881 Enrolled LRB102 11464 CPF 16798 b

Public Act 102-0513

AN ACT concerning safety.

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

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

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

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

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

"Department" means the Illinois Department of Transportation;

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

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

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

"Law Enforcement Officials" means the Illinois State Police or any duly authorized employees of a local governmental agency who are primarily responsible for prevention or detection of crime and enforcement of the criminal code and the highway and traffic laws of this State or any political subdivision of such State;

"Local road" means any State or local highway except for (i) a highway with 4 or more lanes, or (ii) an interstate highway.

"Person" means any natural person or individual, governmental body, firm, association, partnership, copartnership, joint venture, company, corporation, joint stock company, trust, estate or any other legal entity or their legal representative, agent or assigns;

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

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

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

Effective Date: 8/20/2021