90th General Assembly
Summary of HB1174
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House Sponsors:
PERSICO-NOVAK.

Senate Sponsors:
KARPIEL

Short description: 
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.      
   Effective immediately.                                                      
        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

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   1


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