Full Text of HB4146 095th General Assembly
HB4146 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4146
Introduced , by Rep. William B. Black SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/18c-1704 |
from Ch. 95 1/2, par. 18c-1704 |
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Amends the Illinois Vehicle Code. Increases the amount of the civil penalty that the Illinois Commerce Commission may impose on a rail carrier for violation of the Illinois Commercial Transportation Law.
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A BILL FOR
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HB4146 |
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LRB095 13779 DRH 39525 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 18c-1704 as follows:
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| (625 ILCS 5/18c-1704) (from Ch. 95 1/2, par. 18c-1704)
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| Sec. 18c-1704. Sanctions. Each violation of this Chapter | 8 |
| shall subject
the violator to the following sanctions, except | 9 |
| as otherwise provided
elsewhere in this Chapter. Sanctions | 10 |
| provided for in this Section may be
imposed by the Commission | 11 |
| only in compliance with the notice and hearing
requirements of | 12 |
| Section 18c-2102 of this Chapter.
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| (1) Criminal Misdemeanor Penalties. Each violation of this | 14 |
| Chapter shall
constitute a Class C misdemeanor.
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| (2) Civil Penalties. The Commission may assess, against any | 16 |
| person found
by it to have violated Subchapter 1, 2, 3, 4, 5, | 17 |
| 6, or 9 of this Chapter, a civil penalty not greater than
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| $1,000 nor less than $100 per violation. The Commission may | 19 |
| assess, against any person found
by it to have violated | 20 |
| Subchapter 7 of this Chapter, a civil penalty not greater than
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| $5,000 nor less than $1,000 per violation. The penalty assessed | 22 |
| by the
Commission shall reflect the number and severity of | 23 |
| violations found to
have been committed. Penalties assessed by |
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HB4146 |
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LRB095 13779 DRH 39525 b |
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| the Commission shall be
enforced by any court having venue in | 2 |
| enforcement cases under this Chapter.
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| (3) Cease and Desist Orders. The Commission may, where
a | 4 |
| person is found after hearing to have violated this Chapter, | 5 |
| Commission
regulations or orders, and justice requires, order | 6 |
| the person to cease and
desist from further or from any future | 7 |
| violations. A cease and desist order
may be entered on the | 8 |
| Commission's own motion or by agreement between the
parties. | 9 |
| Orders and agreements under this Section shall be valid and
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| enforceable for the period stated therein, not to exceed 2 | 11 |
| years from the
date the order or agreement is approved by the | 12 |
| Commission, unless the
parties stipulate otherwise. Such | 13 |
| orders and agreements shall be
enforceable in any court of this | 14 |
| State having venue and jurisdiction in
enforcement actions | 15 |
| under this Chapter. Failure to comply with a
Commission cease | 16 |
| and desist order shall constitute a violation of this
Chapter | 17 |
| separate and apart from any underlying violations.
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| (4) Stipulated Settlements.
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| (a) General Provisions. The Commission may accept a | 20 |
| reasonable monetary
settlement, suspension or revocation | 21 |
| of a license or registration, or any other
reasonable terms | 22 |
| stipulated between the respondent and staff, with or | 23 |
| without a
finding of violations.
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| (b) Presumption of Reasonableness. Such stipulations | 25 |
| shall be
presumed reasonable. Unless the terms of a | 26 |
| stipulation exceed such
parameters as the Commission may |
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HB4146 |
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LRB095 13779 DRH 39525 b |
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| establish, this presumption is rebuttable
only by evidence | 2 |
| of record at hearing.
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| (c) Parameters. Parameters for settlement shall be | 4 |
| based on type of
violation; severity, as measured by | 5 |
| revenues from unlawful activities; and
number of | 6 |
| violations. Minimum settlement amounts may be established.
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| (d) Orders. Orders suspending proposed settlements | 8 |
| shall cite reasons
for suspension which are specific to the | 9 |
| case. Orders rejecting proposed
settlements shall recite | 10 |
| the grounds on which the settlements are found to
be | 11 |
| unreasonable and describe the evidence which supports such | 12 |
| findings.
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| (5) Injunctive Relief. Any court with jurisdiction and | 14 |
| venue for
purposes of enforcing this Chapter shall have the | 15 |
| power to enjoin any person
from committing violations of this | 16 |
| Chapter. Suit for penalties shall not
be a prerequisite to | 17 |
| injunctive relief. No bond shall be required when
injunctive | 18 |
| relief is granted at the request of the Commission.
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| (6) Suspension or Revocation of Licenses and | 20 |
| Registrations.
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| (a) Availability of Suspension and Revocation as | 22 |
| Sanctions. Violation of
this Chapter by a motor carrier of | 23 |
| property or
passengers shall, in addition to other | 24 |
| sanctions provided
herein, subject the violator to | 25 |
| suspension or revocation of
any or all Commission licenses | 26 |
| and registrations. The
Commission may impose the sanctions |
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HB4146 |
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LRB095 13779 DRH 39525 b |
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| of suspension and
revocation. Where the violation is | 2 |
| failure of a motor
carrier of property or passengers to | 3 |
| have in effect and file
proof of continuous insurance | 4 |
| coverage in accordance with
this Chapter, Commission | 5 |
| regulations and orders, the license
or registration or both | 6 |
| may be suspended by telephonic or
telegraphic directive, | 7 |
| confirmed by certified or registered
mail or personal | 8 |
| service, pending final disposition of
revocation | 9 |
| proceedings.
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| (b) Suspension Pending Adjudication. Where the | 11 |
| violation is failure
of a motor carrier of property to pay | 12 |
| a franchise or franchise
renewal fee, the license or | 13 |
| registration or both may be suspended
by certified or | 14 |
| registered mail or personally served
directive, pending | 15 |
| final disposition of revocation proceedings.
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| (c) Special Revocation Procedures.
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| (i) Notice. The Commission shall serve notice upon | 18 |
| all persons who have
failed to pay a franchise tax, | 19 |
| license fee, or penalty required under the
Business | 20 |
| Corporation Act of 1983, or who have failed to comply | 21 |
| with this
Chapter, Commission regulations and orders, | 22 |
| regarding the filing of proof
of continuous insurance | 23 |
| or bond coverage, the payment of periodic fees, the
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| filing of periodic reports, the payment of civil | 25 |
| penalties, or the
filing of rates to the full extent of | 26 |
| a carrier's authority. The notice
shall advise such |
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| person of the apparent violations and state that, | 2 |
| unless
the Commission receives a written request for | 3 |
| hearing or extension of time
within 30 days from the | 4 |
| date the notice is served, the person's license or
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| registration will be revoked by operation of law | 6 |
| without further action by
the Commission.
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| (ii) Extensions of Time. The Commission may grant | 8 |
| one extension of time
not exceeding 60 days where the | 9 |
| extension will not endanger the public.
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| (iii) Request for Hearing. If a timely written | 11 |
| request for hearing is
received, no further action | 12 |
| shall be taken until the requirements of
Section | 13 |
| 18c-2102 of this Chapter have been satisfied.
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| (iv) Revocation by Operation of Law. If, at the | 15 |
| expiration of the
applicable time period, the person | 16 |
| has not complied with the pertinent
requirements, and a | 17 |
| written request for hearing has not been received, the
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| person will be deemed to have waived hearing and the | 19 |
| license or
registration shall be revoked by operation | 20 |
| of law without further action by
the Commission as if | 21 |
| the Commission has served an order on the date
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| following expiration revoking the license or | 23 |
| registration.
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| (7) Probation. The Commission may probate the imposition of | 25 |
| any of the
sanctions set forth in this Section.
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| (Source: P.A. 88-415.)
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