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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
VEHICLES (625 ILCS 5/) Illinois Vehicle Code. 625 ILCS 5/18c-1205
(625 ILCS 5/18c-1205) (from Ch. 95 1/2, par. 18c-1205)
Sec. 18c-1205.
Qualifications of Transportation Compliance Program Staff.
(1) General provisions. The manager of the Transportation Division shall
establish and adhere to written professional standards and procedures for
the employment, education and training, performance and dismissal of all
nonclerical compliance program personnel. Such standards and procedures
shall include:
(a) Merit standards and procedures, and education | | requirements, applicable to State troopers, and training requirements at least equivalent to that received from a police training school approved by the Illinois Law Enforcement Training Standards Board, together with such additional qualifications as are needed under this Chapter, for all nonclerical field operations personnel;
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(b) Successful completion of an accredited accounting
| | or transportation-related education program, or at least 4 years experience in motor carrier rate analysis or auditing, plus such additional qualifications as are needed under this Chapter, for all nonclerical rate auditing personnel; and
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(c) Successful completion of an accredited legal or
| | paralegal education program, or equivalent administrative law experience, plus such additional qualifications as are needed under this Chapter, for all nonclerical civil penalties program personnel.
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(2) Merit Selection Committee. Standards and procedures under this
Section for police shall include the establishment of one or more merit
selection committees, each composed of one Commission employee and no fewer
than 3, nor more than 5, persons who are not employed by the Commission, each
of whom shall from time to time be designated by the division manager,
subject to the approval of the Commission. The division manager shall
submit a list of candidates to the committee or subcommittee thereof for
its consideration. The committee or subcommittee thereof shall interview
each candidate on the list and rate those interviewed as "most qualified",
"qualified", or "not qualified". The committee shall recommend candidates
rated "most qualified" and "qualified" to the division manager. In filling
positions to which this Section applies, the division manager shall first
offer the position to persons rated "most qualified". If all persons rated
"most qualified" have been offered the position and each failed to accept
the offer within the time specified by the division manager in the offer,
the position may be offered to a person rated "qualified". Only persons
rated "most qualified" or "qualified" shall be offered positions within the
Compliance Program.
(3) The Commission shall authorize to each employee of the Commission
exercising the powers of a peace officer a distinct badge that, on its face,
(i) clearly states the badge is authorized by the Commission and (ii) contains
a
unique identifying number. No other badge shall be authorized by the
Commission.
(Source: P.A. 91-357, eff. 7-29-99; 91-883, eff. 1-1-01.)
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625 ILCS 5/Ch 18C Sub 1 Art III
(625 ILCS 5/Ch 18C Sub 1 Art III heading)
ARTICLE III.
EMPLOYEE BOARDS
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625 ILCS 5/18c-1301
(625 ILCS 5/18c-1301) (from Ch. 95 1/2, par. 18c-1301)
Sec. 18c-1301.
Employee Boards Generally.
The Commission may, except as
expressly provided in this Section,
delegate one or more of its functions under this Chapter to
Transportation Employee Boards. The Commission shall reserve to itself
the function of making transportation policy. The Board shall be
subject, in its deliberations, to all restraints which would
govern the Commission if such functions had not been delegated to
a Board, and to such other restraints as the Commission may by
regulation prescribe. All decisions delegated to an Employee
Board shall be appealable to the Commission.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-1302
(625 ILCS 5/18c-1302) (from Ch. 95 1/2, par. 18c-1302)
Sec. 18c-1302.
Members of Employee Boards.
(1) Appointment
of Members. Each board shall have 3 members. Members of
employee boards established under provisions of this Article
shall be appointed by the Commission. When any member is
unable to act upon any matter before a Board because of
absence, conflict, or other cause, and a qualified alternate
appointed by the Commission is available, such alternate
shall be called upon to serve on the Board. If no qualified
alternate is available, the Chairman of the Commission may
designate another qualified employee to serve temporarily
until a member appointed by the Commission is available to serve.
(2) Qualification of Members.
The Commission or its Chairman may, subject to limitations
set forth in this Section, appoint any manager, section
chief, examiner, attorney, or other qualified professional
employee to serve on an Employee Board, either as a regular
member or as an alternate member. No Employee Board member
shall participate in any decision in which such person has a
pecuniary or other direct interest. No 3 sitting
members of an Employee Board shall be employed in the same
division of the Commission.
(Source: P.A. 86-86-1166.)
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625 ILCS 5/18c-1303
(625 ILCS 5/18c-1303) (from Ch. 95 1/2, par. 18c-1303)
Sec. 18c-1303.
Conduct of Employee Board Proceedings.
A majority of an Employee Board shall constitute a quorum for the
transaction of business. Decisions on matters before an Employee
Board shall be by majority vote of members present. Any party
may appear before an Employee Board and be heard, in person or by
representative, to the extent such party would be permitted to
appear and be heard before the Commission itself. Each meeting
of an Employee Board shall be a public meeting. Every vote and
official act of an Employee Board shall be entered of record, and
such records shall be made public on request.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-1304
(625 ILCS 5/18c-1304) (from Ch. 95 1/2, par. 18c-1304)
Sec. 18c-1304. Orders of Employee Boards. Employee Board orders shall be served, in writing, on all parties
to the proceeding in which the order is entered. Such orders
shall contain, in addition to the decision of the Board, a
statement of findings, conclusions, or other reasons therefor.
Employee Board decisions and orders shall have the same force and
effect, and may be made, issued, and evidenced in the same
manner, as if the decision had been made and the order issued by the
Commission itself. The filing of a timely motion for
reconsideration shall, unless otherwise provided by the Commission, stay
the effect of an Employee Board order pending reconsideration.
(Source: P.A. 101-81, eff. 7-12-19.)
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625 ILCS 5/Ch 18C Sub 1 Art IV
(625 ILCS 5/Ch 18C Sub 1 Art IV heading)
ARTICLE IV.
MODIFICATION OF STANDARDS
AND PROCEDURES
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625 ILCS 5/18c-1401
(625 ILCS 5/18c-1401) (from Ch. 95 1/2, par. 18c-1401)
Sec. 18c-1401.
Modification of Standards and Procedures in
Response to Preemptive Federal Legislation.
The Commission may, except with regard to licensing and
ratemaking standards for motor carriers of property or passengers, conform its
standards and procedures to the standards and procedures in a
valid, preemptive federal statute where the provisions of this Chapter are
in conflict with and would otherwise be preempted by such
statute, any other provision of this Chapter notwithstanding.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-1402
(625 ILCS 5/18c-1402) (from Ch. 95 1/2, par. 18c-1402)
Sec. 18c-1402.
Interim Rulemaking.
The Commission may, by publishing interim rules in the official
state newspaper and simultaneously initiating rulemaking
proceedings in accordance with the Administrative Procedure Act:
(1) Modify its standards and procedures in accordance with
Section 18c-1401 of this Chapter; or
(2) Modify its procedures in accordance with this Chapter in response
to other circumstances impacting on the jurisdiction of the
Commission in the field of transportation which are not of
the Commission's own making but which necessitate adoption or
amendment of regulations prior to the completion of normal
rulemaking proceedings pursuant to the Illinois
Administrative Procedure Act. Nothing in this subsection shall be
construed to permit modification of licensing or ratemaking
standards for motor carriers of property or passengers.
Such interim rules shall remain in effect only until regulations
are adopted in accordance with the Administrative Procedure Act.
(Source: P.A. 84-796.)
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625 ILCS 5/Ch 18C Sub 1 Art V
(625 ILCS 5/Ch 18C Sub 1 Art V heading)
ARTICLE V.
FEES AND TAXES
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625 ILCS 5/18c-1501
(625 ILCS 5/18c-1501) (from Ch. 95 1/2, par. 18c-1501)
Sec. 18c-1501.
Franchise, Franchise Renewal, Filing and Other
Fees for Motor Carriers of Property.
(1) Franchise, Franchise Renewal, Filing, and Other Fee
Levels in Effect Absent Commission Regulations Prescribing Different Fee
Levels.
The levels of franchise, franchise renewal, filing, and other
fees for motor carriers of property in effect, absent Commission
regulations prescribing different fee levels, shall be:
(a) Franchise and franchise renewal fees: $19 for | | each motor vehicle operated by a motor carrier of property in intrastate commerce, and $2 for each motor vehicle operated by a motor carrier of property in interstate commerce.
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(b) Filing fees: $100 for each application seeking a
| | Commission license or other authority, the reinstatement of a cancelled license or authority, or authority to establish a rate, other than by special permission, excluding both released rate applications and rate filings which may be investigated or suspended but which require no prior authorization for filing; $25 for each released rate application and each application to register as an interstate carrier; $15 for each application seeking special permission in regard to rates; and $15 for each equipment lease.
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(2) Adjustment of Fee
Levels.
The Commission may, by rulemaking in accordance with
provisions of The Illinois Administrative Procedure Act,
adjust franchise, franchise renewal, filing, and other fees
for motor carriers of property by increasing or decreasing
them from levels in effect absent Commission regulations prescribing
different fee levels. Franchise
and franchise renewal fees prescribed by the
Commission for motor carriers of property shall not exceed:
(a) $50 for each motor vehicle operated by a
| | household goods carrier in intrastate commerce;
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(a-5) $15 for each motor vehicle operated by a public
| | carrier in intrastate commerce; and
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(b) $7 for each motor vehicle operated by a motor
| | carrier of property in interstate commerce.
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(3) Late-Filing Fees.
(a) Commission to Prescribe Late-Filing Fees. The
| | Commission may prescribe fees for the late filing of proof of insurance, operating reports, franchise or franchise renewal fee applications, or other documents required to be filed on a periodic basis with the Commission.
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(b) Late-filing Fees to Accrue Automatically.
| | Late-filing fees shall accrue automatically from the filing deadline set forth in Commission regulations, and all persons or entities required to make such filings shall be on notice of such deadlines.
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(c) Maximum Fees. Late-filing fees prescribed by the
| | Commission shall not exceed $100 for an initial period, plus $10 for each day after the expiration of the initial period. The Commission may provide for waiver of all or part of late-filing fees accrued under this subsection on a showing of good cause.
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(d) Effect of Failure to Make Timely Filings and Pay
| | Late-Filing Fees. Failure of a person to file proof of continuous insurance coverage or to make other periodic filings required under Commission regulations shall make licenses and registrations held by the person subject to revocation or suspension. The licenses or registrations cannot thereafter be returned to good standing until after payment of all late-filing fees accrued and not waived under this subsection.
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(4) Payment of Fees.
(a) Franchise and Franchise Renewal Fees. Franchise
| | and franchise renewal fees for motor carriers of property shall be due and payable on or before the 31st day of December of the calendar year preceding the calendar year for which the fees are owing, unless otherwise provided in Commission regulations.
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(b) Filing and Other Fees. Filing and other fees
| | (including late-filing fees) shall be due and payable on the date of filing, or on such other date as is set forth in Commission regulations.
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(5) When Fees Returnable.
(a) Whenever an application to the Illinois Commerce
| | Commission is accompanied by any fee as required by law and such application is refused or rejected, said fee shall be returned to said applicant.
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(b) The Illinois Commerce Commission may reduce by
| | interlineation the amount of any personal check or corporate check or company check drawn on the account of and delivered by any person for payment of a fee required by the Illinois Commerce Commission.
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(c) Any check altered pursuant to above shall be
| | endorsed by the Illinois Commerce Commission as follows: "This check is warranted to subsequent holders and to the drawee to be in the amount $ ."
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(d) All applications to the Illinois Commerce
| | Commission requiring fee payment upon reprinting shall contain the following authorization statement: "My signature authorizes the Illinois Commerce Commission to lower the amount of check if fee submitted exceeds correct amount."
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(Source: P.A. 93-32, eff. 7-1-03.)
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625 ILCS 5/18c-1502
(625 ILCS 5/18c-1502) (from Ch. 95 1/2, par. 18c-1502)
Sec. 18c-1502.
Gross Receipts Taxes For Motor Carriers of
Passengers and Rail Carriers.
Each motor carrier of passengers and rail carrier shall pay to the Commission,
in accordance with
Sections 2-202, 3-120 and 3-121 of "The Public Utilities Act", as
amended, a gross receipts tax in the amount provided herein.
The amount of the tax for motor carriers of passengers shall be prescribed by
the Commission by rulemaking in
accordance with provisions of The Illinois Administrative Procedure Act,
and shall not exceed 0.1% of the carrier's gross Illinois intrastate
revenues for each calendar year.
The amount of the tax for rail carriers shall be 0.15% of the
carrier's
gross Illinois intrastate revenues for each calendar year.
(Source: P.A. 89-42, eff. 1-1-96; 89-699, eff. 1-16-97.)
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625 ILCS 5/18c-1502.05
(625 ILCS 5/18c-1502.05)
Sec. 18c-1502.05.
Route Mileage Fee for Rail Carriers.
Beginning with
calendar year 2004, every rail carrier shall pay to the Commission
for each
calendar year a route mileage fee of $45 for each route mile of
railroad right
of way owned by the rail carrier in Illinois. The fee shall be based on the
number of route miles as of January 1 of the year for which the fee is due, and
the payment of the route mileage fee shall be due by February 1 of each
calendar year.
(Source: P.A. 93-32, eff. 7-1-03.)
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625 ILCS 5/18c-1502.10
(625 ILCS 5/18c-1502.10)
Sec. 18c-1502.10.
Railroad-Highway Grade Crossing and Grade Separation
Fee. Beginning with calendar year 2004, every rail carrier shall
pay to the Commission for each calendar year a fee of $28 for each
location at
which the rail carrier's track crosses a public road, highway, or street,
whether the crossing be at grade, by overhead structure, or by subway. The fee
shall be based on the number of the crossings as of January 1 of each calendar
year, and the fee shall be due by February 1 of each calendar year.
(Source: P.A. 93-32, eff. 7-1-03.)
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625 ILCS 5/18c-1503
(625 ILCS 5/18c-1503) (from Ch. 95 1/2, par. 18c-1503)
Sec. 18c-1503. Legislative Intent. It is the intent of the Legislature that the exercise of powers
under Sections 18c-1501 and 18c-1502 of this Chapter shall not
diminish revenues to the Commission, and that any surplus or
deficit of revenues in the Transportation Regulatory Fund,
together with any projected changes in the cost of administering
and enforcing this Chapter, should be considered in establishing or
adjusting fees and taxes in succeeding years. The Commission
shall administer fees and taxes under this Chapter in such a manner
as to insure that any surplus generated or accumulated in the
Transportation Regulatory Fund does not exceed 50% of the previous fiscal year's appropriation and
shall adjust the level of such fees and taxes to insure
compliance with this provision.
(Source: P.A. 95-1027, eff. 6-1-09 .)
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625 ILCS 5/18c-1504
(625 ILCS 5/18c-1504) (from Ch. 95 1/2, par. 18c-1504)
Sec. 18c-1504.
Reciprocity.
The Commission may enter into agreements
with agencies in other
jurisdictions for the reciprocal waiver of motor carrier fees or taxes
administered by the Commission, and may revoke such agreements
where another jurisdiction does not extend reciprocal treatment
to carriers based in the State of Illinois. The Commission may,
in addition, and notwithstanding any other provision of this Chapter,
prescribe fees for carriers based in jurisdictions other than the
State of Illinois equal to fees charged to Illinois carriers by
such other jurisdictions.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-1505
(625 ILCS 5/18c-1505) (from Ch. 95 1/2, par. 18c-1505)
Sec. 18c-1505.
Proration of Fees.
The Commission may prorate fees and levies provided in this Chapter
throughout the calendar year.
(Source: P.A. 84-796.)
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625 ILCS 5/Ch 18C Sub 1 Art VI
(625 ILCS 5/Ch 18C Sub 1 Art VI heading)
ARTICLE VI.
TRANSPORTATION REGULATORY FUND
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625 ILCS 5/18c-1601
(625 ILCS 5/18c-1601) (from Ch. 95 1/2, par. 18c-1601)
Sec. 18c-1601.
Deposit of Monies into the Transportation Regulatory
Fund.
(1) Deposit of Fees, Taxes, and Monies Other Than Criminal Fines.
All fees, penalties (other than criminal penalties) or monies
collected in settlement of enforcement proceedings, taxes,
and other monies collected under this Chapter or which are transferred,
appropriated or reimbursed to the Commission for the purpose of
administering and enforcing this Chapter, shall be promptly
paid into a special fund in the State treasury known as the Transportation
Regulatory Fund.
(2) Accounting for Monies Received. The Commission shall account
separately for the receipt of monies from the following classes:
(a) motor carriers of property (other than carriers | | engaged in nonrelocation towing);
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(b) rail carriers; and
(c) other monies.
The Commission may account separately with regard
to groups of persons within the foregoing classes.
(3) Deposit of criminal fines. Criminal fines collected under this
Chapter from motor carriers of property or persons or entities found to
have aided or abetted motor carriers of property or passengers in violation
of this Chapter shall be disposed of in accordance with Section 16-105 of
this Code. Other criminal fines collected under this Chapter shall be
deposited into the Transportation Regulatory Fund in accordance with
subsection (1) of this Section.
(4) (Blank).
(Source: P.A. 90-372, eff. 7-1-98.)
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625 ILCS 5/18c-1602
(625 ILCS 5/18c-1602) (from Ch. 95 1/2, par. 18c-1602)
Sec. 18c-1602.
Appropriations from the Transportation Regulatory Fund.
(1) Appropriation of Monies. Appropriations from the Transportation
Regulatory Fund shall be separately identified both in the Commission's
appropriations request and the Act by which appropriations from the Fund are made.
(2) Authorization of Staff Positions. Authorized staff positions to be
funded with monies appropriated from the Transportation Regulatory Fund
shall be separately identified in the Commission's appropriations request.
(3) Appropriations and Authorizations Not Transferable. Appropriations
from the Transportation Regulatory Fund shall be used only for the
administration and enforcement of this Chapter and Chapter 18a. Such
appropriations and authorized headcount may be transferred within the
Transportation Regulatory Fund, but may not be transferred to any other fund.
(Source: P.A. 85-553.)
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625 ILCS 5/18c-1603
(625 ILCS 5/18c-1603) (from Ch. 95 1/2, par. 18c-1603)
Sec. 18c-1603. Expenditures from the Transportation Regulatory Fund. (1) Authorization of Expenditures from the Fund. Monies deposited in the
Transportation Regulatory Fund shall be expended only for the
administration and enforcement of this Chapter and Chapter 18a. Moneys in the Fund may also be used to administer the Personal Property Storage Act.
(2) Allocation of Expenses to the Fund. (a) Expenses Allocated Entirely to the Transportation | | Regulatory Fund. All expenses of the Transportation Division shall be allocated to the Transportation Regulatory Fund, provided that they were:
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(i) Incurred by and for staff employed within the
| | Transportation Division and accountable, directly or through a program director or staff supervisor, to the Transportation Division manager;
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(ii) Incurred exclusively in the administration
| | and enforcement of this Chapter and Chapter 18a; and
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(iii) Authorized by the Transportation Division
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(b) Expenses Partially Allocated to the
| | Transportation Regulatory Fund. A portion of expenses for the following persons and activities may be allocated to the Transportation Regulatory Fund:
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(i) The Executive Director, his deputies and
| | personal assistants, and their clerical support;
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(ii) The legislative liaison activities of the
| | Office of Legislative Affairs, its constituent elements and successors;
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(iii) The activities of the Bureau of Planning
| | and Operations on the effective date of this amendatory Act of the 94th General Assembly, exclusive of the Chief Clerk's office;
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(iv) The payroll expenses of Commissioners'
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(v) The internal auditor;
(vi) The in-state travel expenses of the
| | Commissioners to and from the offices of the Commission; and
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(vii) The Public Affairs Group, its constituent
| | elements, and its successors.
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| (c) Allocation Methodology for Expenses Other Than
| | Commissioners' Assistants. The portion of total expenses (other than commissioners' assistants' expenses) allocated to the Transportation Regulatory Fund under paragraph (b) of this subsection shall be the portion of staff time spent exclusively on administration and enforcement of this Chapter and Chapter 18a, as shown by a time study updated at least once each 6 months.
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(d) (Blank).
(e) Allocation methodology for Commissioners'
| | Assistants Expenses. Five percent of the payroll expenses of commissioners' assistants may be allocated to the Transportation Regulatory Fund.
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(f) Expenses not allocable to the Transportation
| | Regulatory Fund. No expenses shall be allocated to or paid from the Transportation Regulatory Fund except as expressly authorized in paragraphs (a) through (e) of this subsection. In particular, no expenses shall be allocated to the Fund which were incurred by or in relation to the following persons and activities:
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(i) Commissioners' travel, except as otherwise
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(ii) Commissioners' assistants except as
| | otherwise provided in paragraphs (b) and (e) of this subsection;
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(iii) The Policy Analysis and Research Division,
| | its constituent elements and successors;
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(iv) The Chief Clerk's office, its constituent
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(v) The Hearing Examiners Division, its
| | constituent elements and successors, and any hearing examiners or hearings conducted, in whole or in part, outside the Transportation Division;
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(vi) (Blank);
(vii) The Office of General Counsel, its
| | constituent elements and successors, including but not limited to the Office of Public Utility Counsel and any legal staff in the office of the executive director, but not including the personal assistant serving as staff counsel to the executive director as provided in Section 18c-1204(2) and the Office of Transportation Counsel; and
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(viii) Any other expenses or portion thereof not
| | expressly authorized in this subsection to be allocated to the Fund.
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The constituent elements of the foregoing shall, for
| | purposes of this Section be their constituent elements on the effective date of this amendatory Act of 1987.
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(3) (Blank).
(4) (Blank).
(Source: P.A. 96-515, eff. 1-1-10.)
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625 ILCS 5/18c-1604
(625 ILCS 5/18c-1604) (from Ch. 95 1/2, par. 18c-1604)
Sec. 18c-1604. Annual Report of Expenditures. The Commission shall,
within 60 calendar days after the end of the lapse period for each fiscal year, submit to the
Governor and the General Assembly a report of the following for such fiscal
year:
(1) All monies deposited in the Transportation | | Regulatory Fund, showing the total and subtotals by class as defined in subsection (2) of Section 18c-1601 of this Chapter;
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(2) All expenditures from the Transportation
| | Regulatory Fund, showing the total and the sub-totals by class as defined in subsection (2) of Section 18c-1601 of this Chapter;
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(3) A listing and description by function of all
| | staff positions actually funded, in whole or in part, at any time during the fiscal year, from the Transportation Regulatory Fund; and
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(4) The methods used to allocate expenses between the
| | Transportation Regulatory Fund and other funds, and between classes within the Transportation Regulatory Fund.
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(Source: P.A. 94-839, eff. 6-6-06.)
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625 ILCS 5/Ch 18C Sub 1 Art VII
(625 ILCS 5/Ch 18C Sub 1 Art VII heading)
ARTICLE VII.
VIOLATIONS OF THE LAW
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