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| [ House Amendment 002 ] |
90_SB0689ham001
LRB9000098DJcdam
1 AMENDMENT TO SENATE BILL 689
2 AMENDMENT NO. . Amend Senate Bill 689 as follows:
3 on page 1, by replacing line 2 with the following:
4 "changing Sections 3, 4, 5, 5.07, 5.09, 6, 8, 8.02, and 8.03,
5 by adding Section 5.11, and by"; and
6 by replacing lines 7 and 8 with the following:
7 "amended by changing Sections 3, 4, 5, 5.07, 5.09, 6, 8,
8 8.02, and 8.03 and by adding Section 5.11 as follows:"; and
9 on line 18, by replacing "placarding" with the following:
10 "hazard signage systems applicable to placarding"; and
11 on line 20, by replacing "State" with the following:
12 "hazard signage system or State"; and
13 on page 2, line 14, by inserting the following after
14 "requirements":
15 "or hazard signage requirements adopted pursuant to this
16 Act"; and
17 on page 5, line 11, by replacing "placarding," with the
18 following:
-2- LRB9000098DJcdam
1 "placarding in transportation, hazard signage systems, the
2 training of"; and
3 by replacing lines 32 through 34 on page 5 and lines 1
4 through 10 on page 6 with the following:
5 "By January 1, 1978, the Board shall determine which
6 persons involved in the use, storage, transportation, or
7 manufacture of hazardous materials can be inspected for
8 compliance with the placarding provisions of this Act within
9 the current statutory scope of each agency or department of
10 State government. If the Board determines that there are
11 specific categories of persons regulated by this Act who
12 cannot readily be inspected by existing personnel within the
13 statutory authority of the departments and agencies, or if
14 the Board determines that the purpose of this Act can be
15 better served by a centralized inspection responsibility, the
16 Board shall propose statutory changes to the General Assembly
17 to provide for the inspection."; and
18 on page 6, by inserting the following below line 11:
19 "(430 ILCS 50/5) (from Ch. 127, par. 1255)
20 Sec. 5. The Agency or the Department shall exercise the
21 applicable powers and duties granted in Sections 5.01 through
22 5.10. Units of local government may exercise the powers
23 granted in Section 5.11.:
24 (Source: P.A. 79-1442.)"; and
25 on line 18, by changing "existing" to "applicable"; and
26 on line 23, by replacing "hazard placarding system," with the
27 following:
28 "placarding system applicable to transportation,"; and
29 by replacing lines 26 through 30 with the following:
-3- LRB9000098DJcdam
1 "manufacture of hazardous materials or any local emergency
2 response agency shall take the necessary steps to comply
3 with such placarding system applicable to transportation,
4 communication system or any other regulation or requirement.
5 Copies of any placarding systems applicable to
6 transportation, communication systems or any other"; and
7 on page 7, by inserting the following below line 2:
8 "(430 ILCS 50/5.11 new)
9 Sec. 5.11. Units of local government; hazard signage
10 systems.
11 (a) A unit of local government may adopt ordinances or
12 regulations requiring a hazard signage system applicable to
13 equipment, facilities, structures, or locations involved in
14 the use, storage, or manufacture of hazardous materials.
15 The hazard signage system (such as, but not limited to, the
16 National Fire Protection Association standard "NFPA 704"
17 system as specified in its Standard System for the
18 Identification of the Fire Hazards of Materials for
19 Emergency Response) shall be consistent with any such
20 signage required by federal law or regulation.
21 (b) An ordinance or regulation adopted by a unit of
22 local government under this Section requiring a hazard
23 signage system may not take effect sooner than 90 days after
24 its adoption by the unit of local government.
25 (c) A home rule unit may not regulate hazard signage
26 systems in a manner inconsistent with the regulation of
27 those systems by the State under this Act or by the federal
28 government. This Section is a limitation under subsection
29 (i) of Section 6 of Article VII of the Illinois Constitution
30 on the concurrent exercise by home rule units of powers and
31 functions exercised by the State."; and
32 by replacing lines 3 through 20 with the following:
-4- LRB9000098DJcdam
1 "(430 ILCS 50/6) (from Ch. 127, par. 1256)
2 Sec. 6. It is the responsibility of any person who
3 leases, operates or controls any facilities, or equipment,
4 structures, or locations for the use, storage,
5 transportation, or manufacture of hazardous materials to
6 display on such facility, or equipment, structure, or
7 location appropriate placards or hazard signage as described
8 and in such manner as provided by regulation promulgated by
9 the Agency or the Department pursuant to Section 5 of this
10 Act or as provided by ordinance or regulation adopted by a
11 unit of local government pursuant to Section 5.11.
12 (Source: P.A. 79-1442.)
13 (430 ILCS 50/8) (from Ch. 127, par. 1258)
14 Sec. 8. Any person who fails to comply with the
15 requirements of or violates any of the provisions of Section
16 6 of this Act or the rules and regulations promulgated by
17 the Agency or the Department pursuant to those Sections or
18 who fails to comply with the requirements of or violates any
19 of the provisions of an ordinance or regulation adopted by a
20 unit of local government pursuant to Section 5.11, shall be
21 guilty of a Class C misdemeanor for the first offense or a
22 Class B misdemeanor for second and subsequent offenses.
23 (Source: P.A. 81-384.)"; and
24 on page 8, by inserting the following below line 9:
25 "(430 ILCS 50/8.03) (from Ch. 127, par. 1258.03)
26 Sec. 8.03. Any person or entity who violates any
27 provision of this Act, or any ordinance, rule, regulation or
28 order made pursuant to this Act, shall be liable for a civil
29 penalty of not to exceed $10,000 for each violation, and an
30 additional civil penalty of not to exceed $1,000 for each day
31 during which violation continues.
32 (Source: P.A. 84-852.)".