Full Text of HB3520 100th General Assembly
HB3520 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3520 Introduced , by Rep. Tim Butler SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/18c-1204 | from Ch. 95 1/2, par. 18c-1204 | 625 ILCS 5/18c-1601 | from Ch. 95 1/2, par. 18c-1601 | 625 ILCS 5/18c-1602 | from Ch. 95 1/2, par. 18c-1602 | 625 ILCS 5/18c-1603 | from Ch. 95 1/2, par. 18c-1603 | 625 ILCS 5/18c-1604 rep. | |
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Amends the Illinois Vehicle Code. Expands the Transportation Division of the Illinois Commerce Commission to include administration and enforcement of Chapters in the Code governing commercial relocation of trespassing vehicles and commercial safety towing, the Personal Property Storage Act, and the Collateral Recovery Act. Provides that the Transportation Division shall consist of 3 programs (rather than 4) and one office (rather than 2). Provides that the 3 programs shall be Enforcement, Docketing and Processing, and Rail Safety. Provides the office shall be the Office of the Division Manager. Provides that legal or hearing examiner services relating to the regulatory responsibilities of the Transportation Division shall be provided by the Commission's Office of General Counsel and Bureau of Administrative Law Judges under the Public Utilities Act. Provides that all fees, penalties, and other monies collected under the Chapters in the Code governing commercial relocation of trespassing vehicles, commercial transportation, and commercial safety towing, the Personal Property Storage Act, and the Collateral Recovery Act shall be paid into the Transportation Regulatory Fund. Repeals a provision providing that the Commission shall report to the General Assembly and the Governor every fiscal year information regarding monies in the Transportation Regulatory Fund. Makes conforming changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 18c-1204, 18c-1601, 18c-1602, and 18c-1603 as | 6 | | follows:
| 7 | | (625 ILCS 5/18c-1204) (from Ch. 95 1/2, par. 18c-1204)
| 8 | | Sec. 18c-1204. Transportation Division.
| 9 | | (1) Establishment. There shall be established within the | 10 | | staff of the
Commission a Transportation Division in which | 11 | | primary staff responsibility for
the administration and | 12 | | enforcement of this Chapter , Chapter 18a, and Chapter 18d of | 13 | | this Code, the Personal Property Storage Act, and the | 14 | | Collateral Recovery Act and Chapter 18a shall be
vested. The | 15 | | Transportation Division shall be headed by a division manager
| 16 | | responsible to the executive director.
| 17 | | (2) Structure. The Transportation Division shall consist | 18 | | of 3 4 programs
and one office 2 offices . The 3 4 programs | 19 | | shall be Enforcement Compliance, Review and Examination ,
| 20 | | Docketing and Processing, and Rail Safety. Each program shall | 21 | | be headed by
a program director and responsible to the division | 22 | | manager , except that in
the Compliance Program the 3 staff | 23 | | supervisors shall each be responsible to
the division manager . |
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| 1 | | The one office 2 offices shall be the Office of Transportation
| 2 | | Counsel and the Office of the Division Manager. The Office of
| 3 | | Transportation Counsel shall be headed by a Chief Counsel | 4 | | responsible to
the Division Manager. The Division Manager shall | 5 | | coordinate the activities
and responsibilities of the Division | 6 | | Office of Transportation Counsel with the
executive director | 7 | | and the personal assistant serving as staff counsel to
the | 8 | | executive director in the office of the executive director, and | 9 | | with
the Commission.
| 10 | | (a) The Enforcement Compliance Program.
| 11 | | (i) The Enforcement Compliance Program shall | 12 | | consist of a police staff , a rate
auditing staff, and a | 13 | | civil penalties staff . This staff These staffs shall be | 14 | | headed by a
Chief of Police , a Supervisor of Tariffs | 15 | | and Audits, and a Supervisor of Civil
Penalties, | 16 | | respectively .
| 17 | | (ii) The police staff shall be divided into | 18 | | districts with a field
office in each district. Each | 19 | | district shall be headed by a working supervisor
| 20 | | responsible to the Chief of Police. All staff | 21 | | responsibility for enforcement
of this Chapter , except | 22 | | with regard to rail safety, shall be vested in the | 23 | | Enforcement
Compliance Program.
| 24 | | (b) (Blank). The Review and Examination Program.
| 25 | | (i) Staff responsibility for review of all | 26 | | nonhearing matters under this
Chapter and Chapter 18a |
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| 1 | | and examination of all matters assigned for hearing
| 2 | | under this Chapter and Chapter 18a shall be vested in | 3 | | the Review and
Examination Program, except as | 4 | | otherwise provided in Section 18c-1204b.
| 5 | | (ii) Hearing examiners in the program shall have | 6 | | responsibility for
developing a full, complete and | 7 | | impartial record on all issues to be
decided in a | 8 | | proceeding; recommending disposition of the issues or | 9 | | making
an initial decision on them, as provided in this | 10 | | Chapter; and setting forth
in writing the basis for | 11 | | their recommendations or initial decisions.
The | 12 | | program director shall be the chief hearing examiner | 13 | | for matters under
this Chapter and Chapter 18a with | 14 | | responsibility to insure consistency of
| 15 | | recommendations and initial decisions.
| 16 | | (c) The Processing and Docketing Program. All staff | 17 | | responsibility for
docketing and processing filings, | 18 | | accounting of receipts and expenditures,
issuing, file | 19 | | maintenance and other processing functions under this | 20 | | Chapter
and Chapter 18a shall be vested in the Processing | 21 | | Program.
| 22 | | (d) The Rail Safety Program. Staff responsibility for | 23 | | administration and
enforcement of the rail safety | 24 | | provisions of this Chapter shall be vested
in the Rail | 25 | | Safety Program.
| 26 | | (e) (Blank). The Office of Transportation Counsel.
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| 1 | | (i) All Commission staff responsibility for | 2 | | provision of legal services
in connection with any | 3 | | matter under this Chapter, excepting any matter under
| 4 | | subchapters 7 and 8 of this Chapter, or in connection | 5 | | with any matter under
Chapter 18a shall, except with | 6 | | regard to functions vested in the review and
| 7 | | examination program under paragraph (b) of this | 8 | | subsection, be vested
exclusively in the Office of | 9 | | Transportation Counsel.
| 10 | | (ii) The Office of Transportation Counsel shall, | 11 | | when directed through
the division manager to do so, | 12 | | represent the Commission or Commission staff
in | 13 | | administrative or judicial proceedings and render | 14 | | staff advisory
opinions to the executive director and | 15 | | the Commission.
| 16 | | (e-5) Legal or hearing examiner services relating to the | 17 | | regulatory responsibilities of the Transportation Division | 18 | | shall be provided by the Commission's Office of General Counsel | 19 | | and Bureau of Administrative Law Judges under the Public | 20 | | Utilities Act.
| 21 | | (f) Levels of Administration. No additional levels of | 22 | | administration,
supervision or authority shall be | 23 | | superimposed, or remain superimposed,
between levels | 24 | | prescribed under this Section, and no organizational units
| 25 | | may be created within the Transportation Division except as | 26 | | prescribed
under this Section.
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| 1 | | (3) Additional Functions. Staff functions relating to | 2 | | rulemaking,
policy recommendations and advisory committees | 3 | | under this Chapter , and
Chapter 18a , and Chapter 18d of this | 4 | | Code, the Personal Property Storage Act, and the Collateral | 5 | | Recovery Act shall be vested in the Transportation Division , | 6 | | except that the Transportation Division may receive legal and | 7 | | hearing examiner services from the Commission's Office of | 8 | | General Counsel and Bureau of Administrative Law Judges .
| 9 | | The staff shall prepare and distribute to the General | 10 | | Assembly, in
April of each year, a report on railway accidents | 11 | | in Illinois which involve
hazardous materials. The report shall | 12 | | include the location, substance
involved, amounts involved, | 13 | | and the suspected reason for each accident. The
report shall | 14 | | also reveal the rail line and point of origin of the hazardous
| 15 | | material involved in each accident.
| 16 | | (Source: P.A. 88-415.)
| 17 | | (625 ILCS 5/18c-1601) (from Ch. 95 1/2, par. 18c-1601)
| 18 | | Sec. 18c-1601.
Deposit of Monies into the Transportation | 19 | | Regulatory
Fund.
| 20 | | (1) Deposit of Fees, Taxes, and Monies Other Than Criminal | 21 | | Fines.
All fees, penalties (other than criminal penalties) or | 22 | | monies
collected in settlement of enforcement proceedings, | 23 | | taxes,
and other monies collected under this Chapter , Chapter | 24 | | 18a, and Chapter 18d of this Code, the Personal Property | 25 | | Storage Act, and the Collateral Recovery Act or which are |
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| 1 | | transferred,
appropriated or reimbursed to the Commission for | 2 | | the purpose of
administering and enforcing this Chapter, shall | 3 | | be promptly
paid into a special fund in the State treasury | 4 | | known as the Transportation
Regulatory Fund.
| 5 | | (2) Accounting for Monies Received. The Commission shall | 6 | | account
separately for the receipt of monies from the following | 7 | | classes:
| 8 | | (a) motor carriers of property (other than carriers | 9 | | engaged in
nonrelocation towing);
| 10 | | (b) rail carriers; and
| 11 | | (c) other monies.
| 12 | | The Commission may account separately with regard
to groups | 13 | | of persons within the foregoing classes.
| 14 | | (3) Deposit of criminal fines. Criminal fines collected | 15 | | under this
Chapter , Chapter 18a, and Chapter 18d of this Code, | 16 | | the Personal Property Storage Act, and the Collateral Recovery | 17 | | Act from motor carriers of property or persons or entities | 18 | | found to
have aided or abetted motor carriers of property or | 19 | | passengers in violation
of this Chapter shall be disposed of in | 20 | | accordance with Section 16-105 of
this Code. Other criminal | 21 | | fines collected under this Chapter shall be
deposited into the | 22 | | Transportation Regulatory Fund in accordance with
subsection | 23 | | (1) of this Section.
| 24 | | (4) (Blank).
| 25 | | (Source: P.A. 90-372, eff. 7-1-98.)
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| 1 | | (625 ILCS 5/18c-1602) (from Ch. 95 1/2, par. 18c-1602)
| 2 | | Sec. 18c-1602. Appropriations from the Transportation | 3 | | Regulatory Fund. (1) Appropriation of Monies. Appropriations | 4 | | from the Transportation
Regulatory Fund shall be separately | 5 | | identified both in the Commission's
appropriations request and | 6 | | the Act by which appropriations from the Fund are made.
| 7 | | (2) Authorization of Staff Positions. Authorized staff | 8 | | positions to be
funded with monies appropriated from the | 9 | | Transportation Regulatory Fund
shall be separately identified | 10 | | in the Commission's appropriations request.
| 11 | | (3) Appropriations and Authorizations Not Transferable. | 12 | | Appropriations
from the Transportation Regulatory Fund shall | 13 | | be used only for the
administration and enforcement of this | 14 | | Chapter , Chapter 18a, and Chapter 18d of this Code, the | 15 | | Personal Property Storage Act, and the Collateral Recovery Act | 16 | | and Chapter 18a. Such
appropriations and authorized headcount | 17 | | may be transferred within the
Transportation Regulatory Fund, | 18 | | but may not be transferred to any other fund .
| 19 | | (Source: P.A. 85-553.)
| 20 | | (625 ILCS 5/18c-1603) (from Ch. 95 1/2, par. 18c-1603)
| 21 | | Sec. 18c-1603. Expenditures from the Transportation | 22 | | Regulatory Fund. | 23 | | (1) Authorization of Expenditures from the Fund. Monies | 24 | | deposited in the
Transportation Regulatory Fund shall be | 25 | | expended only for the
administration and enforcement of this |
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| 1 | | Chapter , and Chapter 18a , and Chapter 18d of this Code, the | 2 | | Personal Property Storage Act, and the Collateral Recovery Act . | 3 | | Moneys in the Fund may also be used to administer the Personal | 4 | | Property Storage Act.
| 5 | | (2) Allocation of Expenses to the Fund. | 6 | | (a) Expenses Allocated Entirely
to the Transportation | 7 | | Regulatory Fund. All expenses of the Transportation
| 8 | | Division shall be allocated to the Transportation | 9 | | Regulatory Fund, provided
that they were:
| 10 | | (i) Incurred by and for staff employed within the | 11 | | Transportation
Division and accountable, directly or | 12 | | through a program director or staff
supervisor, to the | 13 | | Transportation Division manager;
| 14 | | (ii) Incurred exclusively in the administration | 15 | | and enforcement of
this Chapter , and Chapter 18a , and | 16 | | Chapter 18d of this Code, the Personal Property Storage | 17 | | Act, or the Collateral Recovery Act ; and
| 18 | | (iii) Authorized by the Transportation Division | 19 | | manager.
| 20 | | (b) Expenses Partially Allocated to the Transportation | 21 | | Regulatory Fund.
A portion of expenses for the following | 22 | | persons and activities may be
allocated to the | 23 | | Transportation Regulatory Fund:
| 24 | | (i) The Executive Director, his deputies and | 25 | | personal assistants, and
their clerical support;
| 26 | | (ii) The legislative liaison activities of the |
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| 1 | | Office of Legislative
Affairs, its constituent | 2 | | elements and successors;
| 3 | | (iii) The activities of the Bureau of Planning and | 4 | | Operations and its successors on the effective date of | 5 | | this amendatory Act of the 94th General Assembly, | 6 | | exclusive of the Chief Clerk's office ;
| 7 | | (iv) The payroll expenses of Commissioners' | 8 | | assistants;
| 9 | | (v) The internal auditor;
| 10 | | (vi) The in-state travel expenses of the | 11 | | Commissioners to and from
the offices of the | 12 | | Commission; and
| 13 | | (vii) The Public Affairs Group, its constituent | 14 | | elements, and its successors ; . | 15 | | (viii) The Bureau of Administrative Law Judges, | 16 | | its constituent elements and successors, but only for | 17 | | expenses relating to this Chapter, Chapter 18a, and | 18 | | Chapter 18d of this Code, the Personal Property Storage | 19 | | Act, and the Collateral Recovery Act; and | 20 | | (ix) The Office of General Counsel, its | 21 | | constituent elements and successors, but only for | 22 | | expenses relating to this Chapter, Chapter 18a, and | 23 | | Chapter 18d of this Code, the Personal Property Storage | 24 | | Act, and the Collateral Recovery Act.
| 25 | | (c) Allocation Methodology for Expenses Other Than | 26 | | Commissioners' Assistants. The portion of total
expenses |
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| 1 | | (other than
commissioners' assistants' expenses)
allocated | 2 | | to the Transportation Regulatory Fund under paragraph (b) | 3 | | of this
subsection shall be the portion of staff time spent | 4 | | exclusively on administration and
enforcement of this | 5 | | Chapter , and Chapter 18a , and Chapter 18d of this Code, the | 6 | | Personal Property Storage Act, and the Collateral Recovery | 7 | | Act , as shown
by a time study updated at least once every | 8 | | 12 each 6 months.
| 9 | | (d) (Blank).
| 10 | | (e) Allocation methodology for Commissioners' | 11 | | Assistants Expenses. Five
percent of the payroll expenses | 12 | | of commissioners'
assistants may be allocated to the | 13 | | Transportation Regulatory Fund.
| 14 | | (f) Expenses not allocable to the Transportation | 15 | | Regulatory Fund. No
expenses shall be allocated to or paid | 16 | | from the Transportation Regulatory
Fund except as | 17 | | expressly authorized in paragraphs (a) through (e) of this
| 18 | | subsection. In particular, no expenses shall be allocated | 19 | | to the Fund
which were incurred by or in relation to the | 20 | | following persons and activities:
| 21 | | (i) Commissioners' travel, except as otherwise | 22 | | provided in paragraphs (b)
and (c) of this subsection;
| 23 | | (ii) Commissioners' assistants except as otherwise | 24 | | provided in
paragraphs (b) and (e) of this subsection;
| 25 | | (iii) The Policy Analysis and Research Division, | 26 | | its constituent
elements and successors;
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| 1 | | (iv) The Chief Clerk's office, its constituent | 2 | | elements and successors;
| 3 | | (v) (Blank); The Hearing Examiners Division, its | 4 | | constituent elements and
successors, and any hearing | 5 | | examiners or hearings
conducted, in whole or in part, | 6 | | outside the Transportation Division;
| 7 | | (vi) (Blank);
| 8 | | (vii) (Blank); and The Office of General Counsel, | 9 | | its constituent elements and
successors, including but | 10 | | not limited to the Office of Public Utility
Counsel and | 11 | | any legal staff in the office of the executive | 12 | | director, but
not including the personal assistant | 13 | | serving as staff counsel to the executive
director as | 14 | | provided in Section 18c-1204(2) and the Office
of | 15 | | Transportation Counsel; and
| 16 | | (viii) Any other expenses or portion thereof not | 17 | | expressly authorized in
this subsection to
be | 18 | | allocated to the Fund.
| 19 | | The constituent elements of the foregoing shall, for | 20 | | purposes of this
Section be their constituent elements on | 21 | | the effective date of this
amendatory Act of 1987.
| 22 | | (3) (Blank).
| 23 | | (4) (Blank).
| 24 | | (Source: P.A. 96-515, eff. 1-1-10.)
| 25 | | (625 ILCS 5/18c-1604 rep.) |
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| 1 | | Section 10. The Illinois Vehicle Code is amended by | 2 | | repealing Section 18c-1604.
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