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.

Effective Date: 5/23/2005