HAZ MAT-RESPONSE-ALL COMM-COST
Synopsis of Bill as introduced:
Amends the Hazardous Material Emergency Response Reimbursement
Act. Provides that it is the intent of the General Assembly to
alleviate the financial hardship imposed on all (instead of small)
communities that respond to emergency incidents involving hazardous
materials. Provides that appropriations shall be made from designated
sources to the Emergency Response Reimbursement Fund. Provides that
if an emergency response agency is not reimbursed by a responsible
party within 180 days after the agency incurs costs and without the
agency having to institute a civil action against the responsible
party, money in the Fund shall be used to reimburse the agency
(instead of if the agency is not reimbursed by the responsible party,
money in the Fund shall be used to reimburse the agency). Provides
that cost recovery from the Fund is limited to the payment of costs
incurred by the agency or a contractor hired by the agency and
replacement of expended materials (now limited to replacement of
expended materials). Removes the limitation on reimbursement that
provides that the applicable cost of supplies must exceed 5% of the
agency's budget. Provides that upon judgment for the State Fire
Marshal in a civil action, the State is entitled to punitive damages.
HOUSE AMENDMENT NO. 1.
Provides that upon judgment for the State Fire Marshal in a civil
action to recover costs because of the failure to reimburse the
emergency responder or the Emergency Response Reimbursement Fund, the
State may (instead of shall) be entitled to punitive damages.
HOUSE AMENDMENT NO. 2.
Changes the effective date to January 1, 1999.
SENATE AMENDMENT NO. 2.
Deletes reference to:
430 ILCS 55/4
430 ILCS 55/6
Removes the amendatory provisions concerning appropriations to
the Emergency Response Reimbursement Fund, reimbursement to emergency
response agencies, and the State's entitlement to punitive damages to
restore existing law, except in the limitation to moneys in the
Emergency Response Reimbursement Fund being used to reimburse
emergency response agencies, provides that the applicable cost of
supplies must exceed 2% (instead of 5%) of the emergency response
agency's annual budget. Changes the effective date from effective
January 1, 1999 to effective immediately.
Last action on Bill: PUBLIC ACT.............................. 90-0467
Last action date: 97-08-17
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 1
END OF INQUIRY
Full Text Bill Status