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90_HB1239eng
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 Engrossed 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 Engrossed -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.