Public Act 90-0263 of the 90th General Assembly

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Public Act 90-0263

HB1239 Enrolled                               LRB9001364NTsbA

    AN  ACT  to  amend  the  Illinois   Hazardous   Materials
Transportation Act by changing Section 3.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section   5.    The    Illinois    Hazardous    Materials
Transportation  Act  is  amended  by  changing  Section  3 as

    (430 ILCS 30/3) (from Ch. 95 l/2, par. 700-3)
    Sec. 3.  Unless the context otherwise  clearly  requires,
as used in this Act:
    "Commerce"    means    trade,    traffic,   commerce   or
transportation within the State;
    "Department"   means   the   Illinois    Department    of
    "Discharge" means leakage, seepage, or other release;
    "Hazardous  material"  means a substance or material in a
quantity and form determined by the United States  Department
of  Transportation  to  be  capable of posing an unreasonable
risk to health and safety or  property  when  transported  in
    "Knowingly"  means  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 such knowledge;
    "Law Enforcement  Officials"  means  the  Illinois  State
Police   or   any   duly  authorized  employees  of  a  local
governmental  agency  who  are  primarily   responsible   for
prevention  or  detection  of  crime  and  enforcement of the
criminal code and the highway and traffic laws of this  State
or any political subdivision of such State;
    "Person"   means   any   natural  person  or  individual,
governmental   body,    firm,    association,    partnership,
copartnership,  joint  venture,  company,  corporation, joint
stock company, trust, estate or any  other  legal  entity  or
their legal representative, agent or assigns;
    "Transports"  or  "transportation"  means any movement of
property over the  highway  and  any  loading,  unloading  or
storage incidental to such movement.
(Source: P.A. 83-684.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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