Illinois General Assembly - Full Text of SB1882
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Full Text of SB1882  102nd General Assembly

SB1882 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1882

 

Introduced 2/26/2021, by Sen. Brian W. Stewart

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/8.3  from Ch. 127, par. 144.3
430 ILCS 30/2  from Ch. 95 1/2, par. 700-2
430 ILCS 30/3  from Ch. 95 1/2, par. 700-3
625 ILCS 5/18b-101  from Ch. 95 1/2, par. 18b-101
625 ILCS 5/18b-102  from Ch. 95 1/2, par. 18b-102
625 ILCS 5/18b-104  from Ch. 95 1/2, par. 18b-104
625 ILCS 5/18b-104.5 new
625 ILCS 5/18b-109  from Ch. 95 1/2, par. 18b-109

    Amends the Illinois Motor Carrier Safety Law of the Illinois Vehicle Code. Provides that the Illinois State Police (instead of the Department of Transportation in conjunction with the Illinois State Police) shall administer the Law. Amends the Illinois Hazardous Materials Transportation Act to provide that the Illinois State Police (instead of the Department of Transportation) shall administer the Act. Amends the State Finance Act. Provides that, beginning fiscal year 2020, no road fund money shall be appropriated to the Illinois State Police, except money appropriated each fiscal year to implement and fulfill the requirements of the Motor Carrier Safety Assistance Program, not to exceed the annual allocation plus 25% from the Federal Motor Carrier Safety Administration. Effective July 1, 2021.


LRB102 15515 RAM 20878 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1882LRB102 15515 RAM 20878 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by changing
5Section 8.3 as follows:
 
6    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
7    Sec. 8.3. Money in the Road Fund shall, if and when the
8State of Illinois incurs any bonded indebtedness for the
9construction of permanent highways, be set aside and used for
10the purpose of paying and discharging annually the principal
11and interest on that bonded indebtedness then due and payable,
12and for no other purpose. The surplus, if any, in the Road Fund
13after the payment of principal and interest on that bonded
14indebtedness then annually due shall be used as follows:
15        first -- to pay the cost of administration of Chapters
16    2 through 10 of the Illinois Vehicle Code, except the cost
17    of administration of Articles I and II of Chapter 3 of that
18    Code, and to pay the costs of the Executive Ethics
19    Commission for oversight and administration of the Chief
20    Procurement Officer for transportation; and
21        secondly -- for expenses of the Department of
22    Transportation for construction, reconstruction,
23    improvement, repair, maintenance, operation, and

 

 

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1    administration of highways in accordance with the
2    provisions of laws relating thereto, or for any purpose
3    related or incident to and connected therewith, including
4    the separation of grades of those highways with railroads
5    and with highways and including the payment of awards made
6    by the Illinois Workers' Compensation Commission under the
7    terms of the Workers' Compensation Act or Workers'
8    Occupational Diseases Act for injury or death of an
9    employee of the Division of Highways in the Department of
10    Transportation; or for the acquisition of land and the
11    erection of buildings for highway purposes, including the
12    acquisition of highway right-of-way or for investigations
13    to determine the reasonably anticipated future highway
14    needs; or for making of surveys, plans, specifications and
15    estimates for and in the construction and maintenance of
16    flight strips and of highways necessary to provide access
17    to military and naval reservations, to defense industries
18    and defense-industry sites, and to the sources of raw
19    materials and for replacing existing highways and highway
20    connections shut off from general public use at military
21    and naval reservations and defense-industry sites, or for
22    the purchase of right-of-way, except that the State shall
23    be reimbursed in full for any expense incurred in building
24    the flight strips; or for the operating and maintaining of
25    highway garages; or for patrolling and policing the public
26    highways and conserving the peace; or for the operating

 

 

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1    expenses of the Department relating to the administration
2    of public transportation programs; or, during fiscal year
3    2020 only, for the purposes of a grant not to exceed
4    $8,394,800 to the Regional Transportation Authority on
5    behalf of PACE for the purpose of ADA/Para-transit
6    expenses; or, during fiscal year 2021 only, for the
7    purposes of a grant not to exceed $8,394,800 to the
8    Regional Transportation Authority on behalf of PACE for
9    the purpose of ADA/Para-transit expenses; or for any of
10    those purposes or any other purpose that may be provided
11    by law.
12    Appropriations for any of those purposes are payable from
13the Road Fund. Appropriations may also be made from the Road
14Fund for the administrative expenses of any State agency that
15are related to motor vehicles or arise from the use of motor
16vehicles.
17    Beginning with fiscal year 1980 and thereafter, no Road
18Fund monies shall be appropriated to the following Departments
19or agencies of State government for administration, grants, or
20operations; but this limitation is not a restriction upon
21appropriating for those purposes any Road Fund monies that are
22eligible for federal reimbursement:
23        1. Department of Public Health;
24        2. Department of Transportation, only with respect to
25    subsidies for one-half fare Student Transportation and
26    Reduced Fare for Elderly, except fiscal year 2020 only

 

 

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1    when no more than $17,570,000 may be expended and except
2    fiscal year 2021 only when no more than $17,570,000 may be
3    expended;
4        3. Department of Central Management Services, except
5    for expenditures incurred for group insurance premiums of
6    appropriate personnel;
7        4. Judicial Systems and Agencies.
8    Beginning with fiscal year 1981 and thereafter, no Road
9Fund monies shall be appropriated to the following Departments
10or agencies of State government for administration, grants, or
11operations; but this limitation is not a restriction upon
12appropriating for those purposes any Road Fund monies that are
13eligible for federal reimbursement:
14        1. Illinois State Police Department of State Police,
15    except for expenditures with respect to the Division of
16    Operations;
17        2. Department of Transportation, only with respect to
18    Intercity Rail Subsidies, except fiscal year 2020 only
19    when no more than $50,000,000 may be expended and except
20    fiscal year 2021 only when no more than $50,000,000 may be
21    expended, and Rail Freight Services.
22    Beginning with fiscal year 1982 and thereafter, no Road
23Fund monies shall be appropriated to the following Departments
24or agencies of State government for administration, grants, or
25operations; but this limitation is not a restriction upon
26appropriating for those purposes any Road Fund monies that are

 

 

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1eligible for federal reimbursement: Department of Central
2Management Services, except for awards made by the Illinois
3Workers' Compensation Commission under the terms of the
4Workers' Compensation Act or Workers' Occupational Diseases
5Act for injury or death of an employee of the Division of
6Highways in the Department of Transportation.
7    Beginning with fiscal year 1984 and thereafter, no Road
8Fund monies shall be appropriated to the following Departments
9or agencies of State government for administration, grants, or
10operations; but this limitation is not a restriction upon
11appropriating for those purposes any Road Fund monies that are
12eligible for federal reimbursement:
13        1. Illinois State Police Department of State Police,
14    except not more than 40% of the funds appropriated for the
15    Division of Operations;
16        2. State Officers.
17    Beginning with fiscal year 1984 and thereafter, no Road
18Fund monies shall be appropriated to any Department or agency
19of State government for administration, grants, or operations
20except as provided hereafter; but this limitation is not a
21restriction upon appropriating for those purposes any Road
22Fund monies that are eligible for federal reimbursement. It
23shall not be lawful to circumvent the above appropriation
24limitations by governmental reorganization or other methods.
25Appropriations shall be made from the Road Fund only in
26accordance with the provisions of this Section.

 

 

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1    Money in the Road Fund shall, if and when the State of
2Illinois incurs any bonded indebtedness for the construction
3of permanent highways, be set aside and used for the purpose of
4paying and discharging during each fiscal year the principal
5and interest on that bonded indebtedness as it becomes due and
6payable as provided in the Transportation Bond Act, and for no
7other purpose. The surplus, if any, in the Road Fund after the
8payment of principal and interest on that bonded indebtedness
9then annually due shall be used as follows:
10        first -- to pay the cost of administration of Chapters
11    2 through 10 of the Illinois Vehicle Code; and
12        secondly -- no Road Fund monies derived from fees,
13    excises, or license taxes relating to registration,
14    operation and use of vehicles on public highways or to
15    fuels used for the propulsion of those vehicles, shall be
16    appropriated or expended other than for costs of
17    administering the laws imposing those fees, excises, and
18    license taxes, statutory refunds and adjustments allowed
19    thereunder, administrative costs of the Department of
20    Transportation, including, but not limited to, the
21    operating expenses of the Department relating to the
22    administration of public transportation programs, payment
23    of debts and liabilities incurred in construction and
24    reconstruction of public highways and bridges, acquisition
25    of rights-of-way for and the cost of construction,
26    reconstruction, maintenance, repair, and operation of

 

 

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1    public highways and bridges under the direction and
2    supervision of the State, political subdivision, or
3    municipality collecting those monies, or during fiscal
4    year 2020 only for the purposes of a grant not to exceed
5    $8,394,800 to the Regional Transportation Authority on
6    behalf of PACE for the purpose of ADA/Para-transit
7    expenses, or during fiscal year 2021 only for the purposes
8    of a grant not to exceed $8,394,800 to the Regional
9    Transportation Authority on behalf of PACE for the purpose
10    of ADA/Para-transit expenses, and the costs for patrolling
11    and policing the public highways (by State, political
12    subdivision, or municipality collecting that money) for
13    enforcement of traffic laws. The separation of grades of
14    such highways with railroads and costs associated with
15    protection of at-grade highway and railroad crossing shall
16    also be permissible.
17    Appropriations for any of such purposes are payable from
18the Road Fund or the Grade Crossing Protection Fund as
19provided in Section 8 of the Motor Fuel Tax Law.
20    Except as provided in this paragraph, beginning with
21fiscal year 1991 and thereafter, no Road Fund monies shall be
22appropriated to the Illinois State Police Department of State
23Police for the purposes of this Section in excess of its total
24fiscal year 1990 Road Fund appropriations for those purposes
25unless otherwise provided in Section 5g of this Act. For
26fiscal years 2003, 2004, 2005, 2006, and 2007 only, no Road

 

 

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1Fund monies shall be appropriated to the Illinois State Police
2Department of State Police for the purposes of this Section in
3excess of $97,310,000. For fiscal year 2008 only, no Road Fund
4monies shall be appropriated to the Department of State Police
5for the purposes of this Section in excess of $106,100,000.
6For fiscal year 2009 only, no Road Fund monies shall be
7appropriated to the Illinois State Police Department of State
8Police for the purposes of this Section in excess of
9$114,700,000. Beginning in fiscal year 2020 2010, no road fund
10moneys shall be appropriated to the Illinois State Police,
11except money appropriated from the General Assembly each
12fiscal year to implement and fulfill the requirements of the
13Motor Carrier Safety Assistance Program, not to exceed the
14annual allocation plus 25% from the Federal Motor Carrier
15Safety Administration. Department of State Police. It shall
16not be lawful to circumvent this limitation on appropriations
17by governmental reorganization or other methods unless
18otherwise provided in Section 5g of this Act.
19    In fiscal year 1994, no Road Fund monies shall be
20appropriated to the Secretary of State for the purposes of
21this Section in excess of the total fiscal year 1991 Road Fund
22appropriations to the Secretary of State for those purposes,
23plus $9,800,000. It shall not be lawful to circumvent this
24limitation on appropriations by governmental reorganization or
25other method.
26    Beginning with fiscal year 1995 and thereafter, no Road

 

 

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1Fund monies shall be appropriated to the Secretary of State
2for the purposes of this Section in excess of the total fiscal
3year 1994 Road Fund appropriations to the Secretary of State
4for those purposes. It shall not be lawful to circumvent this
5limitation on appropriations by governmental reorganization or
6other methods.
7    Beginning with fiscal year 2000, total Road Fund
8appropriations to the Secretary of State for the purposes of
9this Section shall not exceed the amounts specified for the
10following fiscal years:
11    Fiscal Year 2000$80,500,000;
12    Fiscal Year 2001$80,500,000;
13    Fiscal Year 2002$80,500,000;
14    Fiscal Year 2003$130,500,000;
15    Fiscal Year 2004$130,500,000;
16    Fiscal Year 2005$130,500,000;
17    Fiscal Year 2006 $130,500,000;
18    Fiscal Year 2007 $130,500,000;
19    Fiscal Year 2008$130,500,000;
20    Fiscal Year 2009 $130,500,000.
21    For fiscal year 2010, no road fund moneys shall be
22appropriated to the Secretary of State.
23    Beginning in fiscal year 2011, moneys in the Road Fund
24shall be appropriated to the Secretary of State for the
25exclusive purpose of paying refunds due to overpayment of fees
26related to Chapter 3 of the Illinois Vehicle Code unless

 

 

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1otherwise provided for by law.
2    It shall not be lawful to circumvent this limitation on
3appropriations by governmental reorganization or other
4methods.
5    No new program may be initiated in fiscal year 1991 and
6thereafter that is not consistent with the limitations imposed
7by this Section for fiscal year 1984 and thereafter, insofar
8as appropriation of Road Fund monies is concerned.
9    Nothing in this Section prohibits transfers from the Road
10Fund to the State Construction Account Fund under Section 5e
11of this Act; nor to the General Revenue Fund, as authorized by
12Public Act 93-25.
13    The additional amounts authorized for expenditure in this
14Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
15shall be repaid to the Road Fund from the General Revenue Fund
16in the next succeeding fiscal year that the General Revenue
17Fund has a positive budgetary balance, as determined by
18generally accepted accounting principles applicable to
19government.
20    The additional amounts authorized for expenditure by the
21Secretary of State and the Illinois State Police Department of
22State Police in this Section by Public Act 94-91 shall be
23repaid to the Road Fund from the General Revenue Fund in the
24next succeeding fiscal year that the General Revenue Fund has
25a positive budgetary balance, as determined by generally
26accepted accounting principles applicable to government.

 

 

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1(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
2100-863, eff.8-14-18; 101-10, eff. 6-5-19; 101-636, eff.
36-10-20.)
 
4    Section 10. The Illinois Hazardous Materials
5Transportation Act is amended by changing Sections 2 and 3 as
6follows:
 
7    (430 ILCS 30/2)  (from Ch. 95 1/2, par. 700-2)
8    Sec. 2. It is the finding of the General Assembly that
9hazardous materials are essential for various industrial,
10commercial and other purposes; that their transportation is a
11necessary incident to their use; and that such transportation
12is required for the employment and economic prosperity of the
13People of the State of Illinois.
14    It is therefore declared to be the policy of the General
15Assembly to improve the regulatory and enforcement authority
16of the Illinois State Police Department of Transportation to
17protect the People of the State of Illinois against the risk to
18life and property inherent in the transportation of hazardous
19materials over highways by keeping such risk to a minimum
20consistent with technical feasibility and economic
21reasonableness.
22    It is not the intent of the General Assembly to regulate
23the movement of hazardous materials in such quantities that
24would not pose a substantial danger to the public health and

 

 

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1safety, such as fuels, fertilizer and agricultural chemicals
2while being used in a normal farming operation or in transit to
3the farm.
4(Source: P.A. 80-351.)
 
5    (430 ILCS 30/3)  (from Ch. 95 1/2, par. 700-3)
6    Sec. 3. Unless the context otherwise clearly requires, as
7used in this Act:
8    "Commerce" means trade, traffic, commerce or
9transportation within the State;
10    "Department" means the Illinois State Police Department of
11Transportation;
12    "Discharge" means leakage, seepage, or other release;
13    "Hazardous material" means a substance or material in a
14quantity and form determined by the United States Department
15of Transportation to be capable of posing an unreasonable risk
16to health and safety or property when transported in commerce;
17    "Knowingly" means a person has actual knowledge of the
18facts giving rise to the violation or a reasonable person
19acting in the circumstances and exercising due care would have
20such knowledge;
21    "Law Enforcement Officials" means the Illinois State
22Police or any duly authorized employees of a local
23governmental agency who are primarily responsible for
24prevention or detection of crime and enforcement of the
25criminal code and the highway and traffic laws of this State or

 

 

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1any political subdivision of such State;
2    "Person" means any natural person or individual,
3governmental body, firm, association, partnership,
4copartnership, joint venture, company, corporation, joint
5stock company, trust, estate or any other legal entity or
6their legal representative, agent or assigns;
7    "Transports" or "transportation" means any movement of
8property over the highway and any loading, unloading or
9storage incidental to such movement.
10(Source: P.A. 90-263, eff. 7-30-97.)
 
11    Section 15. The Illinois Vehicle Code is amended by
12changing Sections 18b-101, 18b-102, 18b-104, and 18b-109 and
13by adding Section 18b-104.5 as follows:
 
14    (625 ILCS 5/18b-101)  (from Ch. 95 1/2, par. 18b-101)
15    Sec. 18b-101. Definitions. Unless the context otherwise
16clearly requires, as used in this Chapter:
17    "Agricultural commodities" means any agricultural
18commodity, non-processed food, feed, fiber, or livestock,
19including insects.
20    "Agricultural operations" means the operation of a motor
21vehicle or combination of vehicles transporting agricultural
22commodities or farm supplies for agricultural purposes.
23    "Air mile" means a nautical mile, which is equivalent to
246,076 feet or 1,852 meters. Accordingly, 100 air miles are

 

 

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1equivalent to 115.08 statute miles or 185.2 kilometers.
2    "Commercial motor vehicle" means any self propelled or
3towed vehicle used on public highways in interstate and
4intrastate commerce to transport passengers or property when
5the vehicle has a gross vehicle weight, a gross vehicle weight
6rating, a gross combination weight, or a gross combination
7weight rating of 10,001 or more pounds; or the vehicle is used
8or designed to transport more than 15 passengers, including
9the driver; or the vehicle is designed to carry 15 or fewer
10passengers and is operated by a contract carrier transporting
11employees in the course of their employment on a highway of
12this State; or the vehicle is used or designed to transport
13between 9 and 15 passengers, including the driver, for direct
14compensation; or the vehicle is used in the transportation of
15hazardous materials in a quantity requiring placarding under
16the Illinois Hazardous Materials Transportation Act. This
17definition shall not include farm machinery, fertilizer
18spreaders, and other special agricultural movement equipment
19described in Section 3-809 nor implements of husbandry as
20defined in Section 1-130.
21    "Covered farm vehicle", for purposes of this Chapter and
22rule-making under this Chapter, means a straight truck or
23articulated vehicle, excluding vehicles transporting hazardous
24materials of a type or quantity that requires the vehicle to be
25placarded in accordance with the Illinois Hazardous Materials
26Transportation Act, registered in this State or another state

 

 

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1and equipped with a special license plate or other designation
2by the state in which the vehicle is registered identifying
3the vehicle as a covered farm vehicle for law enforcement
4personnel and:
5        (1) is operated by a farm or ranch owner or operator,
6    or an employee or family member of the farm or ranch owner
7    or operator; and
8        (2) is being used to transport the following to or
9    from a farm or ranch:
10            (A) agricultural commodities;
11            (B) livestock; or
12            (C) machinery or supplies; and
13        (3) if registered in this State, is:
14            (A) registered as a farm truck under subsection
15        (c) of Section 3-815 of this Code; or
16            (B) operated in combination as an articulated
17        vehicle when the truck in the combination is
18        registered for 12,000 lbs. or less as a covered farm
19        vehicle under subsections (a) and (a-5) of Section
20        3-815 of this Code or subsection (a) of Section 3-818
21        of this Code and contains in the cab of the motor
22        vehicle a registration designating the vehicle as a
23        covered farm vehicle under subsections (a) and (a-5)
24        of Section 3-815 of this Code and the trailer in the
25        combination is registered as a farm trailer under
26        subsection (a) of Section 3-819 of this Code and

 

 

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1        displays a farm registration license plate; or
2            (C) a truck registered for 12,000 lbs. or less as a
3        covered farm vehicle under subsections (a) and (a-5)
4        of Section 3-815 of this Code or subsection (a) of
5        Section 3-818 of this Code containing in the cab of the
6        motor vehicle a registration designating the vehicle
7        as a covered farm vehicle under subsections (a) and
8        (a-5) of Section 3-815 of this Code that is towing an
9        implement of husbandry as part of a farming operation;
10        and
11        (4) is not used in for-hire motor carrier operations;
12    however, for-hire motor carrier operations do not include
13    the operation of a vehicle meeting the definition of a
14    covered farm vehicle by a tenant pursuant to a crop share
15    farm lease agreement to transport the landlord's portion
16    of the crops under that agreement; and
17        (5) has a gross vehicle weight rating (GVWR), a gross
18    combination weight rating (GCWR), or a gross vehicle
19    weight or gross vehicle combination weight, whichever is
20    greater, that is:
21            (A) 26,001 lbs. or less, for vehicles operating in
22        interstate commerce; or
23            (B) greater than 26,001 lbs., operating in
24        interstate commerce and registered in this State; or
25            (C) greater than 26,001 lbs. and traveling
26        interstate within 150 air miles of the farm or ranch

 

 

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1        for which the vehicle is being operated, regardless of
2        whether it is registered in this State; or
3            (D) greater than 10,000 lbs. and traveling
4        intrastate.
5    "Department" means the Illinois State Police.
6    "Direct compensation" means payment made to the motor
7carrier by the passengers or a person acting on behalf of the
8passengers for the transportation services provided, and not
9included in a total package charge or other assessment for
10highway transportation services.
11    "Farm supplies for agricultural purposes" means products
12directly related to the growing or harvesting of agricultural
13commodities and livestock feed at any time of the year.
14    "Livestock" means cattle, sheep, goats, swine, poultry
15(including egg-producing poultry), fish used for food, and
16other animals designated by the Secretary of the United States
17Department of Transportation (at his or her sole discretion)
18that are part of a foundation herd (including producing dairy
19cattle) or offspring.
20    "Officer" means Illinois State Police Officer.
21    "Person" means any natural person or individual,
22governmental body, firm, association, partnership,
23copartnership, joint venture, company, corporation, joint
24stock company, trust, estate or any other legal entity or
25their legal representative, agent or assigns.
26(Source: P.A. 97-795, eff. 1-1-13; 98-882, eff. 8-13-14.)
 

 

 

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1    (625 ILCS 5/18b-102)  (from Ch. 95 1/2, par. 18b-102)
2    Sec. 18b-102. Authority of Department. To the extent
3necessary to administer this Chapter, the Department is
4authorized to:
5    (a) Adopt by reference all or any portion of the Federal
6Motor Carrier Safety Regulations of the United States
7Department of Transportation, as they are now or hereafter
8amended.
9    (b) Conduct investigations; make reports; issue subpoenas;
10conduct hearings; require the production of relevant
11documents, records and property; take depositions; and, in
12conjunction with the Illinois State Police, conduct, directly
13or indirectly, research, development, demonstrations, and
14training activities.
15    (c) Authorize any officer or Department employee to enter
16upon, inspect and examine at reasonable times and in a
17reasonable manner, the records and properties of persons to
18the extent such records and properties relate to the
19transportation by motor vehicle of persons or property.
20    (d) Conduct a continuing review of all aspects of the
21transportation of persons and property by motor vehicle in
22order to determine and recommend appropriate steps to assure
23safe transportation by motor vehicle in Illinois.
24    (e) Administer and enforce the provisions of this Chapter
25and any rules and regulations issued under this Chapter. Only

 

 

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1the Department Illinois State Police shall be authorized to
2stop and inspect any commercial motor vehicle or driver at any
3time for the purpose of determining compliance with the
4provisions of this Chapter or rules and regulations issued
5under this Chapter.
6(Source: P.A. 90-89, eff. 1-1-98.)
 
7    (625 ILCS 5/18b-104)  (from Ch. 95 1/2, par. 18b-104)
8    Sec. 18b-104. Cooperation with State Agencies - Records
9and Data - Availability. The Department shall cooperate with
10other State agencies regulating transportation by motor
11vehicles and may enter into interagency agreements for the
12purpose of sharing data. The Department shall enter into an
13interagency agreement with the Illinois State Police for the
14purpose of enforcing any provisions of this Chapter and the
15rules and regulations issued under this Chapter.
16(Source: P.A. 86-611.)
 
17    (625 ILCS 5/18b-104.5 new)
18    Sec. 18b-104.5. Personnel transfers. The personnel
19responsible for administering this Chapter are transferred
20from the transferring agency designated by the Governor to the
21Illinois State Police. The status and rights of the employees
22and the State or its transferring agency under the Personnel
23Code, the Illinois Public Labor Relations Act, and applicable
24collective bargaining agreements or under any pension,

 

 

SB1882- 20 -LRB102 15515 RAM 20878 b

1retirement, or annuity plan shall not be affected by this
2amendatory Act of the 102nd General Assembly. Under the
3direction of the Governor, the Director, in consultation with
4the transferring agencies and labor organizations representing
5the affected employees, shall identify each position and
6employee who is engaged in the performance of functions
7transferred to the Department, or engaged in the
8administration of a law the administration of which is
9transferred to the Department, to be transferred to the
10Department. An employee engaged primarily in providing
11administrative and investigative support to the Illinois Motor
12Carrier Safety Assistance Program may be considered engaged in
13the performance of functions transferred to the Department.
 
14    (625 ILCS 5/18b-109)  (from Ch. 95 1/2, par. 18b-109)
15    Sec. 18b-109. Enforcement of Rules and Regulations. Only
16the Department Illinois State Police shall enforce the rules
17and regulations issued under this Chapter against drivers and
18persons other than drivers. The Department and the Illinois
19State Police shall enforce the rules and regulations issued
20under this Chapter against persons other than drivers.
21(Source: P.A. 86-611.)
 
22    Section 99. Effective date. This Act takes effect July 1,
232021.