(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
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| 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
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| 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
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| 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
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| personal assistants, and their clerical support;
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(ii) The legislative liaison activities of the
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| Office of Legislative Affairs, its constituent elements and successors;
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(iii) The activities of the Bureau of Planning
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| 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
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| Commissioners to and from the offices of the Commission; and
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(vii) The Public Affairs Group, its constituent
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| elements, and its successors.
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(c) Allocation Methodology for Expenses Other Than
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| 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'
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| 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
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| 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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| provided in paragraphs (b) and (c) of this subsection;
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(ii) Commissioners' assistants except as
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| otherwise provided in paragraphs (b) and (e) of this subsection;
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(iii) The Policy Analysis and Research Division,
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| 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
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| 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
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| 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
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| expressly authorized in this subsection to be allocated to the Fund.
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The constituent elements of the foregoing shall, for
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| 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) (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
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| 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
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| 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
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| 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 5/18c-1703) (from Ch. 95 1/2, par. 18c-1703)
Sec. 18c-1703.
Investigations and Arrests.
(1) Enforcement Officers and Investigators.
Enforcement officers and investigators appointed by the
Commission shall have, and may exercise throughout the state,
all the powers of police officers when enforcing provisions
of this Chapter, subject to the regulations and orders of the
Commission.
(2) Investigations.
(a) General Provisions.
The Commission, through its employees, shall conduct
such investigations as are necessary for the enforcement
of this Chapter.
(b) Examination, Audit and Production of Records.
Authorized employees of the Commission shall have the
power at any and all times to examine, audit, or demand
production of all accounts, books, records, memoranda,
and other papers in the possession or control of a
license or registration holder, its employees or agents.
In addition, every person other than a license or
registration holder and every officer, employee or agent
of such person shall permit every authorized employee of
the Commission, upon administrative subpoena issued by
the Chairman or his designee or the Attorney General, to
inspect and copy any accounts, books, records,
memoranda, letters, checks, vouchers, telegrams,
documents, or other papers in its possession or control
which the Commission deems necessary to the proper
conduct of an investigation to determine whether
provisions of this Chapter, Commission regulations or
orders, have been violated.
(c) Inspection of Equipment and Facilities.
Authorized employees of the Commission shall have the
power at all times to inspect the equipment, facilities,
and other property of the licensee in the possession or control of a
carrier or broker, its employees or agents.
(d) Special Investigations.
The Commission may also conduct special investigations as necessary for the
enforcement of this Chapter. Where such person is found by
the Commission to have violated this Chapter, and where the Commission
imposes a sanction for such violation under Section 18c-1704 of this
Chapter, the Commission
may impose on such person an assessment of reasonable
expenses incurred by the Commission in the
investigation and subsequent proceeding. Such assessment shall not exceed a fee of
$100 per work day or $50
per half work day, per employee, for the payroll costs of the
Commission staff, plus actual transportation (in accordance with
applicable state employee travel expense reimbursement regulations) and
all other actual
expenses incurred in the special investigation and subsequent proceeding.
(3) Arrests and Citations.
The Commission shall make arrests and issue notices of civil
violations where necessary for the enforcement of this Chapter.
No rail carrier employee shall be arrested for violation of
this Chapter. No person operating a motor vehicle in violation
of the licensing or safety provisions of this Chapter shall be
permitted to transport property or passengers beyond the
point of arrest unless, in the opinion of the officer making
the arrest, it is necessary to transport the property or
passengers to another location to insure their safety or to
preserve or tend cargo carried in the vehicle.
(Source: P.A. 85-553.)
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