State of Illinois
90th General Assembly

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      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.
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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