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90_HB1239enr 430 ILCS 30/3 from Ch. 95 l/2, par. 700-3 Amends the Illinois Hazardous Materials Transportation Act to define "knowingly" as meaning that 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 this knowledge. Effective immediately. LRB9001364NTsbA HB1239 Enrolled LRB9001364NTsbA 1 AN ACT to amend the Illinois Hazardous Materials 2 Transportation Act by changing Section 3. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Hazardous Materials 6 Transportation Act is amended by changing Section 3 as 7 follows: 8 (430 ILCS 30/3) (from Ch. 95 l/2, par. 700-3) 9 Sec. 3. Unless the context otherwise clearly requires, 10 as used in this Act: 11 "Commerce" means trade, traffic, commerce or 12 transportation within the State; 13 "Department" means the Illinois Department of 14 Transportation; 15 "Discharge" means leakage, seepage, or other release; 16 "Hazardous material" means a substance or material in a 17 quantity and form determined by the United States Department 18 of Transportation to be capable of posing an unreasonable 19 risk to health and safety or property when transported in 20 commerce; 21 "Knowingly" means a person has actual knowledge of the 22 facts giving rise to the violation or a reasonable person 23 acting in the circumstances and exercising due care would 24 have such knowledge; 25 "Law Enforcement Officials" means the Illinois State 26 Police or any duly authorized employees of a local 27 governmental agency who are primarily responsible for 28 prevention or detection of crime and enforcement of the 29 criminal code and the highway and traffic laws of this State 30 or any political subdivision of such State; 31 "Person" means any natural person or individual, HB1239 Enrolled -2- LRB9001364NTsbA 1 governmental body, firm, association, partnership, 2 copartnership, joint venture, company, corporation, joint 3 stock company, trust, estate or any other legal entity or 4 their legal representative, agent or assigns; 5 "Transports" or "transportation" means any movement of 6 property over the highway and any loading, unloading or 7 storage incidental to such movement. 8 (Source: P.A. 83-684.) 9 Section 99. Effective date. This Act takes effect upon 10 becoming law.
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