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90_SB1445
625 ILCS 5/18c-1603 from Ch. 95 1/2, par. 18c-1603
Amends the Illinois Commercial Transportation Law Article
of the Illinois Vehicle Code. Makes a stylistic change in
provisions concerning expenditures from the Transportation
Regulatory Fund.
LRB9011591WHsb
LRB9011591WHsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 18c-1603.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 18c-1603 as follows:
7 (625 ILCS 5/18c-1603) (from Ch. 95 1/2, par. 18c-1603)
8 Sec. 18c-1603. Expenditures from the Transportation
9 Regulatory Fund. (1) Authorization of Expenditures from the
10 Fund. Monies deposited in the Transportation Regulatory Fund
11 shall be expended only for the administration and enforcement
12 of this Chapter and Chapter 18a.
13 (2) Allocation of Expenses to the Fund. (a) Expenses
14 Allocated Entirely to the Transportation Regulatory Fund.
15 All expenses of the Transportation Division shall be
16 allocated to the Transportation Regulatory Fund if, provided
17 that they were:
18 (i) Incurred by and for staff employed within the
19 Transportation Division and accountable, directly or through
20 a program director or staff supervisor, to the Transportation
21 Division manager;
22 (ii) Incurred exclusively in the administration and
23 enforcement of this Chapter and Chapter 18a; and
24 (iii) Authorized by the Transportation Division manager.
25 (b) Expenses Partially Allocated to the Transportation
26 Regulatory Fund. A portion of expenses for the following
27 persons and activities may be allocated to the Transportation
28 Regulatory Fund:
29 (i) The Executive Director, his deputies and personal
30 assistants, and their clerical support;
31 (ii) The legislative liaison activities of the Office of
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1 Legislative Affairs, its constituent elements and successors;
2 (iii) The activities of the Administrative Services
3 Division on the effective date of this amendatory Act of
4 1987, exclusive of the Chief Clerk's office;
5 (iv) The payroll expenses of Commissioners' assistants;
6 (v) The internal auditor; and
7 (vi) The in-state travel expenses of the Commissioners
8 to and from the offices of the Commission.
9 (c) Allocation Methodology for Expenses Other Than
10 Administrative Services Division and Commissioners'
11 Assistants. The portion of total expenses (other than
12 Administrative Services Division and commissioners'
13 assistants' expenses) allocated to the Transportation
14 Regulatory Fund under paragraph (b) of this subsection shall
15 be the lessor of:
16 (i) The portion of staff time spent exclusively on
17 administration and enforcement of this Chapter and Chapter
18 18a, as shown by a time study updated at least once each 6
19 months; and
20 (ii) The percentage of total authorized Commission staff
21 for the fiscal year which is employed in Transportation
22 Division (based on the average for the fiscal year).
23 (d) Allocation Methodology for Expenses of
24 Administration Services Division. The portion of expenses
25 for Administrative Services Division allocated to the
26 Transportation Regulatory Fund under paragraph (b) of this
27 subsection shall not exceed:
28 (i) The portion allocable under paragraph (c) of this
29 subsection, for staff payroll expenses; and
30 (ii) The portion used exclusively in the administration
31 and enforcement of this Chapter and Chapter 18a, for other
32 than staff payroll expenses.
33 (e) Allocation methodology for Commissioners' Assistants
34 Expenses. Five percent of the payroll expenses of
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1 commissioners' assistants may be allocated to the
2 Transportation Regulatory Fund.
3 (f) Expenses not allocable to the Transportation
4 Regulatory Fund. No expenses shall be allocated to or paid
5 from the Transportation Regulatory Fund except as expressly
6 authorized in paragraphs (a) through (e) of this subsection.
7 In particular, no expenses shall be allocated to the Fund
8 which were incurred by or in relation to the following
9 persons and activities:
10 (i) Commissioners' travel, except as otherwise provided
11 in paragraphs (b) and (c) of this subsection;
12 (ii) Commissioners' assistants except as otherwise
13 provided in paragraphs (b) and (e) of this subsection;
14 (iii) The Policy Analysis and Research Division, its
15 constituent elements and successors;
16 (iv) The Chief Clerk's office, its constituent elements
17 and successors;
18 (v) The Hearing Examiners Division, its constituent
19 elements and successors, and any hearing examiners or
20 hearings conducted, in whole or in part, outside the
21 Transportation Division;
22 (vi) The Public Affairs Group, its constituent elements
23 and successors;
24 (vii) The Office of General Counsel, its constituent
25 elements and successors, including but not limited to the
26 Office of Public Utility Counsel and any legal staff in the
27 office of the executive director, but not including the
28 personal assistant serving as staff counsel to the executive
29 director as provided in Section 18c-1204(2) and the Office of
30 Transportation Counsel; and
31 (viii) Any other expenses or portion thereof not
32 expressly authorized in this subsection to be allocated to
33 the Fund.
34 The constituent elements of the foregoing shall, for
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1 purposes of this Section be their constituent elements on the
2 effective date of this amendatory Act of 1987.
3 (3) Allocation of Expenses Within the Fund. (a) Monies
4 deposited in the Transportation Regulatory Fund shall be
5 expended only in the regulation of that class of persons as
6 defined in subsection (2) of Section 18c-1601 of this Chapter
7 from or in relation to which the monies were received.
8 (b) Expenses incurred exclusively in relation to one
9 class shall be allocated to that class and no other.
10 (c) A portion of each expense incurred in relation to
11 more than one class may be allocated to each of the involved
12 classes based on time study or actual use, provided that the
13 portion allocated to any class shall not exceed the maximum
14 specified in paragraph (d) of this subsection.
15 (d) Total expenses allocated to any one class under
16 paragraph (c) of this subsection shall not exceed the amount
17 which bears the same percentage relationship to expenses
18 allocated to that class under paragraph (b) of this
19 subsection ((c) divided by (b)) as total expenses allocated
20 to all classes under paragraph (b) bear to total expenses
21 allocated to all classes under paragraph (c) ((c) divided by
22 (b)).
23 (4) Effective Date of Section. The Commission shall have
24 180 calendar days from the effective date of this amendatory
25 Act of 1987 to comply fully with this Section.
26 (Source: P.A. 86-1005.)