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Rep. Patrick Windhorst
Filed: 4/20/2021
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| 1 | | AMENDMENT TO HOUSE BILL 3881
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| 2 | | AMENDMENT NO. ______. Amend House Bill 3881 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Illinois Hazardous Materials |
| 5 | | Transportation Act is amended by changing Section 3 as |
| 6 | | follows:
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| 7 | | (430 ILCS 30/3) (from Ch. 95 1/2, par. 700-3)
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| 8 | | Sec. 3.
Unless the context otherwise clearly requires, as |
| 9 | | used in
this Act:
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| 10 | | "Commerce" means trade, traffic, commerce or |
| 11 | | transportation within
the State;
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| 12 | | "Department" means the Illinois Department of |
| 13 | | Transportation;
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| 14 | | "Discharge" means leakage, seepage, or other release;
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| 15 | | "Hazardous material" means a substance or material in a |
| 16 | | quantity and
form determined by the United States Department |
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| | 10200HB3881ham001 | - 2 - | LRB102 11464 CPF 25169 a |
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| 1 | | of Transportation to be
capable of posing an unreasonable risk |
| 2 | | to health and safety or property
when transported in commerce;
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| 3 | | "Knowingly" means a person has actual knowledge of the |
| 4 | | facts giving rise to
the violation or a reasonable person |
| 5 | | acting in the circumstances and exercising
due care would have |
| 6 | | such knowledge;
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| 7 | | "Law Enforcement Officials" means the Illinois State |
| 8 | | Police or any
duly authorized employees of a local |
| 9 | | governmental agency who are
primarily responsible for |
| 10 | | prevention or detection of crime and
enforcement of the |
| 11 | | criminal code and the highway and traffic laws of
this State or |
| 12 | | any political subdivision of such State;
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| 13 | | "Local road" means any State or local highway except for |
| 14 | | (i) a highway with 4 or more lanes, or (ii) an interstate |
| 15 | | highway. |
| 16 | | "Person" means any natural person or individual, |
| 17 | | governmental body,
firm, association, partnership, |
| 18 | | copartnership, joint venture, company,
corporation, joint |
| 19 | | stock company, trust, estate or any other legal
entity or |
| 20 | | their legal representative, agent or assigns;
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| 21 | | "Transports" or "transportation" means any movement of |
| 22 | | property over
the highway and any loading, unloading or |
| 23 | | storage incidental to such
movement.
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| 24 | | (Source: P.A. 90-263, eff. 7-30-97.)
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| 25 | | Section 99. Effective date. This Act takes effect upon |