100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4328

 

Introduced , by Rep. Brian W. Stewart

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/8.3  from Ch. 127, par. 144.3
430 ILCS 30/2  from Ch. 95 1/2, par. 700-2
430 ILCS 30/3  from Ch. 95 1/2, par. 700-3
625 ILCS 5/18b-101  from Ch. 95 1/2, par. 18b-101
625 ILCS 5/18b-102  from Ch. 95 1/2, par. 18b-102
625 ILCS 5/18b-104  from Ch. 95 1/2, par. 18b-104
625 ILCS 5/18b-109  from Ch. 95 1/2, par. 18b-109

    Amends the Illinois Motor Carrier Safety Law of the Illinois Vehicle Code. Provides that the Department of State Police (instead of the Department of Transportation in conjunction with the Department of State Police) shall administer the Law. Amends the Illinois Hazardous Materials Transportation Act to provide that the Department of State Police (instead of the Department of Transportation) shall administer the Act. Amends the State Finance Act. Provides that beginning fiscal year 2019, $20,000,000 shall be appropriated from the Road Fund to the Department of State Police to administer the Illinois Motor Carrier Safety Law and Illinois Hazardous Materials Safety Act. Effective July 1, 2018.


LRB100 17428 LNS 32596 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4328LRB100 17428 LNS 32596 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by changing
5Section 8.3 as follows:
 
6    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
7    Sec. 8.3. Money in the Road Fund shall, if and when the
8State of Illinois incurs any bonded indebtedness for the
9construction of permanent highways, be set aside and used for
10the purpose of paying and discharging annually the principal
11and interest on that bonded indebtedness then due and payable,
12and for no other purpose. The surplus, if any, in the Road Fund
13after the payment of principal and interest on that bonded
14indebtedness then annually due shall be used as follows:
15        first -- to pay the cost of administration of Chapters
16    2 through 10 of the Illinois Vehicle Code, except the cost
17    of administration of Articles I and II of Chapter 3 of that
18    Code; and
19        secondly -- for expenses of the Department of
20    Transportation for construction, reconstruction,
21    improvement, repair, maintenance, operation, and
22    administration of highways in accordance with the
23    provisions of laws relating thereto, or for any purpose

 

 

HB4328- 2 -LRB100 17428 LNS 32596 b

1    related or incident to and connected therewith, including
2    the separation of grades of those highways with railroads
3    and with highways and including the payment of awards made
4    by the Illinois Workers' Compensation Commission under the
5    terms of the Workers' Compensation Act or Workers'
6    Occupational Diseases Act for injury or death of an
7    employee of the Division of Highways in the Department of
8    Transportation; or for the acquisition of land and the
9    erection of buildings for highway purposes, including the
10    acquisition of highway right-of-way or for investigations
11    to determine the reasonably anticipated future highway
12    needs; or for making of surveys, plans, specifications and
13    estimates for and in the construction and maintenance of
14    flight strips and of highways necessary to provide access
15    to military and naval reservations, to defense industries
16    and defense-industry sites, and to the sources of raw
17    materials and for replacing existing highways and highway
18    connections shut off from general public use at military
19    and naval reservations and defense-industry sites, or for
20    the purchase of right-of-way, except that the State shall
21    be reimbursed in full for any expense incurred in building
22    the flight strips; or for the operating and maintaining of
23    highway garages; or for patrolling and policing the public
24    highways and conserving the peace; or for the operating
25    expenses of the Department relating to the administration
26    of public transportation programs; or, during fiscal year

 

 

HB4328- 3 -LRB100 17428 LNS 32596 b

1    2012 only, for the purposes of a grant not to exceed
2    $8,500,000 to the Regional Transportation Authority on
3    behalf of PACE for the purpose of ADA/Para-transit
4    expenses; or, during fiscal year 2013 only, for the
5    purposes of a grant not to exceed $3,825,000 to the
6    Regional Transportation Authority on behalf of PACE for the
7    purpose of ADA/Para-transit expenses; or, during fiscal
8    year 2014 only, for the purposes of a grant not to exceed
9    $3,825,000 to the Regional Transportation Authority on
10    behalf of PACE for the purpose of ADA/Para-transit
11    expenses; or, during fiscal year 2015 only, for the
12    purposes of a grant not to exceed $3,825,000 to the
13    Regional Transportation Authority on behalf of PACE for the
14    purpose of ADA/Para-transit expenses; or, during fiscal
15    year 2016 only, for the purposes of a grant not to exceed
16    $3,825,000 to the Regional Transportation Authority on
17    behalf of PACE for the purpose of ADA/Para-transit
18    expenses; or, during fiscal year 2017 only, for the
19    purposes of a grant not to exceed $3,825,000 to the
20    Regional Transportation Authority on behalf of PACE for the
21    purpose of ADA/Para-transit expenses; or for any of those
22    purposes or any other purpose that may be provided by law.
23    Appropriations for any of those purposes are payable from
24the Road Fund. Appropriations may also be made from the Road
25Fund for the administrative expenses of any State agency that
26are related to motor vehicles or arise from the use of motor

 

 

HB4328- 4 -LRB100 17428 LNS 32596 b

1vehicles.
2    Beginning with fiscal year 1980 and thereafter, no Road
3Fund monies shall be appropriated to the following Departments
4or agencies of State government for administration, grants, or
5operations; but this limitation is not a restriction upon
6appropriating for those purposes any Road Fund monies that are
7eligible for federal reimbursement: ;
8        1. Department of Public Health;
9        2. Department of Transportation, only with respect to
10    subsidies for one-half fare Student Transportation and
11    Reduced Fare for Elderly, except during fiscal year 2012
12    only when no more than $40,000,000 may be expended and
13    except during fiscal year 2013 only when no more than
14    $17,570,300 may be expended and except during fiscal year
15    2014 only when no more than $17,570,000 may be expended and
16    except during fiscal year 2015 only when no more than
17    $17,570,000 may be expended and except during fiscal year
18    2016 only when no more than $17,570,000 may be expended and
19    except during fiscal year 2017 only when no more than
20    $17,570,000 may be expended;
21        3. Department of Central Management Services, except
22    for expenditures incurred for group insurance premiums of
23    appropriate personnel;
24        4. Judicial Systems and Agencies.
25    Beginning with fiscal year 1981 and thereafter, no Road
26Fund monies shall be appropriated to the following Departments

 

 

HB4328- 5 -LRB100 17428 LNS 32596 b

1or agencies of State government for administration, grants, or
2operations; but this limitation is not a restriction upon
3appropriating for those purposes any Road Fund monies that are
4eligible for federal reimbursement:
5        1. Department of State Police, except for expenditures
6    with respect to the Division of Operations;
7        2. Department of Transportation, only with respect to
8    Intercity Rail Subsidies, except during fiscal year 2012
9    only when no more than $40,000,000 may be expended and
10    except during fiscal year 2013 only when no more than
11    $26,000,000 may be expended and except during fiscal year
12    2014 only when no more than $38,000,000 may be expended and
13    except during fiscal year 2015 only when no more than
14    $42,000,000 may be expended and except during fiscal year
15    2016 only when no more than $38,300,000 may be expended and
16    except during fiscal year 2017 only when no more than
17    $50,000,000 may be expended and except during fiscal year
18    2018 only when no more than $52,000,000 may be expended,
19    and Rail Freight Services.
20    Beginning with fiscal year 1982 and thereafter, no Road
21Fund monies shall be appropriated to the following Departments
22or agencies of State government for administration, grants, or
23operations; but this limitation is not a restriction upon
24appropriating for those purposes any Road Fund monies that are
25eligible for federal reimbursement: Department of Central
26Management Services, except for awards made by the Illinois

 

 

HB4328- 6 -LRB100 17428 LNS 32596 b

1Workers' Compensation Commission under the terms of the
2Workers' Compensation Act or Workers' Occupational Diseases
3Act for injury or death of an employee of the Division of
4Highways in the Department of Transportation.
5    Beginning with fiscal year 1984 and thereafter, no Road
6Fund monies shall be appropriated to the following Departments
7or agencies of State government for administration, grants, or
8operations; but this limitation is not a restriction upon
9appropriating for those purposes any Road Fund monies that are
10eligible for federal reimbursement:
11        1. Department of State Police, except not more than 40%
12    of the funds appropriated for the Division of Operations;
13        2. State Officers.
14    Beginning with fiscal year 1984 and thereafter, no Road
15Fund monies shall be appropriated to any Department or agency
16of State government for administration, grants, or operations
17except as provided hereafter; but this limitation is not a
18restriction upon appropriating for those purposes any Road Fund
19monies that are eligible for federal reimbursement. It shall
20not be lawful to circumvent the above appropriation limitations
21by governmental reorganization or other methods.
22Appropriations shall be made from the Road Fund only in
23accordance with the provisions of this Section.
24    Money in the Road Fund shall, if and when the State of
25Illinois incurs any bonded indebtedness for the construction of
26permanent highways, be set aside and used for the purpose of

 

 

HB4328- 7 -LRB100 17428 LNS 32596 b

1paying and discharging during each fiscal year the principal
2and interest on that bonded indebtedness as it becomes due and
3payable as provided in the Transportation Bond Act, and for no
4other purpose. The surplus, if any, in the Road Fund after the
5payment of principal and interest on that bonded indebtedness
6then annually due shall be used as follows:
7        first -- to pay the cost of administration of Chapters
8    2 through 10 of the Illinois Vehicle Code; and
9        secondly -- no Road Fund monies derived from fees,
10    excises, or license taxes relating to registration,
11    operation and use of vehicles on public highways or to
12    fuels used for the propulsion of those vehicles, shall be
13    appropriated or expended other than for costs of
14    administering the laws imposing those fees, excises, and
15    license taxes, statutory refunds and adjustments allowed
16    thereunder, administrative costs of the Department of
17    Transportation, including, but not limited to, the
18    operating expenses of the Department relating to the
19    administration of public transportation programs, payment
20    of debts and liabilities incurred in construction and
21    reconstruction of public highways and bridges, acquisition
22    of rights-of-way for and the cost of construction,
23    reconstruction, maintenance, repair, and operation of
24    public highways and bridges under the direction and
25    supervision of the State, political subdivision, or
26    municipality collecting those monies, or during fiscal

 

 

HB4328- 8 -LRB100 17428 LNS 32596 b

1    year 2012 only for the purposes of a grant not to exceed
2    $8,500,000 to the Regional Transportation Authority on
3    behalf of PACE for the purpose of ADA/Para-transit
4    expenses, or during fiscal year 2013 only for the purposes
5    of a grant not to exceed $3,825,000 to the Regional
6    Transportation Authority on behalf of PACE for the purpose
7    of ADA/Para-transit expenses, or during fiscal year 2014
8    only for the purposes of a grant not to exceed $3,825,000
9    to the Regional Transportation Authority on behalf of PACE
10    for the purpose of ADA/Para-transit expenses, or during
11    fiscal year 2015 only for the purposes of a grant not to
12    exceed $3,825,000 to the Regional Transportation Authority
13    on behalf of PACE for the purpose of ADA/Para-transit
14    expenses, or during fiscal year 2016 only for the purposes
15    of a grant not to exceed $3,825,000 to the Regional
16    Transportation Authority on behalf of PACE for the purpose
17    of ADA/Para-transit expenses, or during fiscal year 2017
18    only for the purposes of a grant not to exceed $3,825,000
19    to the Regional Transportation Authority on behalf of PACE
20    for the purpose of ADA/Para-transit expenses, and the costs
21    for patrolling and policing the public highways (by State,
22    political subdivision, or municipality collecting that
23    money) for enforcement of traffic laws. The separation of
24    grades of such highways with railroads and costs associated
25    with protection of at-grade highway and railroad crossing
26    shall also be permissible.

 

 

HB4328- 9 -LRB100 17428 LNS 32596 b

1    Appropriations for any of such purposes are payable from
2the Road Fund or the Grade Crossing Protection Fund as provided
3in Section 8 of the Motor Fuel Tax Law.
4    Except as provided in this paragraph, beginning with fiscal
5year 1991 and thereafter, no Road Fund monies shall be
6appropriated to the Department of State Police for the purposes
7of this Section in excess of its total fiscal year 1990 Road
8Fund appropriations for those purposes unless otherwise
9provided in Section 5g of this Act. For fiscal years 2003,
102004, 2005, 2006, and 2007 only, no Road Fund monies shall be
11appropriated to the Department of State Police for the purposes
12of this Section in excess of $97,310,000. For fiscal year 2008
13only, no Road Fund monies shall be appropriated to the
14Department of State Police for the purposes of this Section in
15excess of $106,100,000. For fiscal year 2009 only, no Road Fund
16monies shall be appropriated to the Department of State Police
17for the purposes of this Section in excess of $114,700,000.
18Beginning in fiscal year 2019 2010, no road fund moneys shall
19be appropriated to the Department of State Police, except
20$20,000,000 to administer the Illinois Motor Carrier Safety Law
21and Illinois Hazardous Materials Safety Act. It shall not be
22lawful to circumvent this limitation on appropriations by
23governmental reorganization or other methods unless otherwise
24provided in Section 5g of this Act.
25    In fiscal year 1994, no Road Fund monies shall be
26appropriated to the Secretary of State for the purposes of this

 

 

HB4328- 10 -LRB100 17428 LNS 32596 b

1Section in excess of the total fiscal year 1991 Road Fund
2appropriations to the Secretary of State for those purposes,
3plus $9,800,000. It shall not be lawful to circumvent this
4limitation on appropriations by governmental reorganization or
5other method.
6    Beginning with fiscal year 1995 and thereafter, no Road
7Fund monies shall be appropriated to the Secretary of State for
8the purposes of this Section in excess of the total fiscal year
91994 Road Fund appropriations to the Secretary of State for
10those purposes. It shall not be lawful to circumvent this
11limitation on appropriations by governmental reorganization or
12other methods.
13    Beginning with fiscal year 2000, total Road Fund
14appropriations to the Secretary of State for the purposes of
15this Section shall not exceed the amounts specified for the
16following fiscal years:
17    Fiscal Year 2000$80,500,000;
18    Fiscal Year 2001$80,500,000;
19    Fiscal Year 2002$80,500,000;
20    Fiscal Year 2003$130,500,000;
21    Fiscal Year 2004$130,500,000;
22    Fiscal Year 2005$130,500,000;
23    Fiscal Year 2006 $130,500,000;
24    Fiscal Year 2007 $130,500,000;
25    Fiscal Year 2008$130,500,000;
26    Fiscal Year 2009 $130,500,000.

 

 

HB4328- 11 -LRB100 17428 LNS 32596 b

1    For fiscal year 2010, no road fund moneys shall be
2appropriated to the Secretary of State.
3    Beginning in fiscal year 2011, moneys in the Road Fund
4shall be appropriated to the Secretary of State for the
5exclusive purpose of paying refunds due to overpayment of fees
6related to Chapter 3 of the Illinois Vehicle Code unless
7otherwise provided for by law.
8    It shall not be lawful to circumvent this limitation on
9appropriations by governmental reorganization or other
10methods.
11    No new program may be initiated in fiscal year 1991 and
12thereafter that is not consistent with the limitations imposed
13by this Section for fiscal year 1984 and thereafter, insofar as
14appropriation of Road Fund monies is concerned.
15    Nothing in this Section prohibits transfers from the Road
16Fund to the State Construction Account Fund under Section 5e of
17this Act; nor to the General Revenue Fund, as authorized by
18Public Act 93-25 this amendatory Act of the 93rd General
19Assembly.
20    The additional amounts authorized for expenditure in this
21Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
22shall be repaid to the Road Fund from the General Revenue Fund
23in the next succeeding fiscal year that the General Revenue
24Fund has a positive budgetary balance, as determined by
25generally accepted accounting principles applicable to
26government.

 

 

HB4328- 12 -LRB100 17428 LNS 32596 b

1    The additional amounts authorized for expenditure by the
2Secretary of State and the Department of State Police in this
3Section by Public Act 94-91 this amendatory Act of the 94th
4General Assembly shall be repaid to the Road Fund from the
5General Revenue Fund in the next succeeding fiscal year that
6the General Revenue Fund has a positive budgetary balance, as
7determined by generally accepted accounting principles
8applicable to government.
9(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17;
10revised 10-11-17.)
 
11    Section 10. The Illinois Hazardous Materials
12Transportation Act is amended by changing Sections 2 and 3 as
13follows:
 
14    (430 ILCS 30/2)  (from Ch. 95 1/2, par. 700-2)
15    Sec. 2. It is the finding of the General Assembly that
16hazardous materials are essential for various industrial,
17commercial and other purposes; that their transportation is a
18necessary incident to their use; and that such transportation
19is required for the employment and economic prosperity of the
20People of the State of Illinois.
21    It is therefore declared to be the policy of the General
22Assembly to improve the regulatory and enforcement authority of
23the Department of State Police Transportation to protect the
24People of the State of Illinois against the risk to life and

 

 

HB4328- 13 -LRB100 17428 LNS 32596 b

1property inherent in the transportation of hazardous materials
2over highways by keeping such risk to a minimum consistent with
3technical feasibility and economic reasonableness.
4    It is not the intent of the General Assembly to regulate
5the movement of hazardous materials in such quantities that
6would not pose a substantial danger to the public health and
7safety, such as fuels, fertilizer and agricultural chemicals
8while being used in a normal farming operation or in transit to
9the farm.
10(Source: P.A. 80-351.)
 
11    (430 ILCS 30/3)  (from Ch. 95 1/2, par. 700-3)
12    Sec. 3. Unless the context otherwise clearly requires, as
13used in this Act:
14    "Commerce" means trade, traffic, commerce or
15transportation within the State;
16    "Department" means the Illinois Department of State Police
17Transportation;
18    "Discharge" means leakage, seepage, or other release;
19    "Hazardous material" means a substance or material in a
20quantity and form determined by the United States Department of
21Transportation to be capable of posing an unreasonable risk to
22health and safety or property when transported in commerce;
23    "Knowingly" means a person has actual knowledge of the
24facts giving rise to the violation or a reasonable person
25acting in the circumstances and exercising due care would have

 

 

HB4328- 14 -LRB100 17428 LNS 32596 b

1such knowledge;
2    "Law Enforcement Officials" means the Illinois State
3Police or any duly authorized employees of a local governmental
4agency who are primarily responsible for prevention or
5detection of crime and enforcement of the criminal code and the
6highway and traffic laws of this State or any political
7subdivision of such State;
8    "Person" means any natural person or individual,
9governmental body, firm, association, partnership,
10copartnership, joint venture, company, corporation, joint
11stock company, trust, estate or any other legal entity or their
12legal representative, agent or assigns;
13    "Transports" or "transportation" means any movement of
14property over the highway and any loading, unloading or storage
15incidental to such movement.
16(Source: P.A. 90-263, eff. 7-30-97.)
 
17    Section 15. The Illinois Vehicle Code is amended by
18changing Sections 18b-101, 18b-102, 18b-104, and 18b-109 as
19follows:
 
20    (625 ILCS 5/18b-101)  (from Ch. 95 1/2, par. 18b-101)
21    Sec. 18b-101. Definitions. Unless the context otherwise
22clearly requires, as used in this Chapter:
23    "Agricultural commodities" means any agricultural
24commodity, non-processed food, feed, fiber, or livestock,

 

 

HB4328- 15 -LRB100 17428 LNS 32596 b

1including insects.
2    "Agricultural operations" means the operation of a motor
3vehicle or combination of vehicles transporting agricultural
4commodities or farm supplies for agricultural purposes.
5    "Air mile" means a nautical mile, which is equivalent to
66,076 feet or 1,852 meters. Accordingly, 100 air miles are
7equivalent to 115.08 statute miles or 185.2 kilometers.
8    "Commercial motor vehicle" means any self propelled or
9towed vehicle used on public highways in interstate and
10intrastate commerce to transport passengers or property when
11the vehicle has a gross vehicle weight, a gross vehicle weight
12rating, a gross combination weight, or a gross combination
13weight rating of 10,001 or more pounds; or the vehicle is used
14or designed to transport more than 15 passengers, including the
15driver; or the vehicle is designed to carry 15 or fewer
16passengers and is operated by a contract carrier transporting
17employees in the course of their employment on a highway of
18this State; or the vehicle is used or designed to transport
19between 9 and 15 passengers, including the driver, for direct
20compensation; or the vehicle is used in the transportation of
21hazardous materials in a quantity requiring placarding under
22the Illinois Hazardous Materials Transportation Act. This
23definition shall not include farm machinery, fertilizer
24spreaders, and other special agricultural movement equipment
25described in Section 3-809 nor implements of husbandry as
26defined in Section 1-130.

 

 

HB4328- 16 -LRB100 17428 LNS 32596 b

1    "Covered farm vehicle", for purposes of this Chapter and
2rule-making under this Chapter, means a straight truck or
3articulated vehicle, excluding vehicles transporting hazardous
4materials of a type or quantity that requires the vehicle to be
5placarded in accordance with the Illinois Hazardous Materials
6Transportation Act, registered in this State or another state
7and equipped with a special license plate or other designation
8by the state in which the vehicle is registered identifying the
9vehicle as a covered farm vehicle for law enforcement personnel
10and:
11        (1) is operated by a farm or ranch owner or operator,
12    or an employee or family member of the farm or ranch owner
13    or operator; and
14        (2) is being used to transport the following to or from
15    a farm or ranch:
16            (A) agricultural commodities;
17            (B) livestock; or
18            (C) machinery or supplies; and
19        (3) if registered in this State, is:
20            (A) registered as a farm truck under subsection (c)
21        of Section 3-815 of this Code; or
22            (B) operated in combination as an articulated
23        vehicle when the truck in the combination is registered
24        for 12,000 lbs. or less as a covered farm vehicle under
25        subsections (a) and (a-5) of Section 3-815 of this Code
26        or subsection (a) of Section 3-818 of this Code and

 

 

HB4328- 17 -LRB100 17428 LNS 32596 b

1        contains in the cab of the motor vehicle a registration
2        designating the vehicle as a covered farm vehicle under
3        subsections (a) and (a-5) of Section 3-815 of this Code
4        and the trailer in the combination is registered as a
5        farm trailer under subsection (a) of Section 3-819 of
6        this Code and displays a farm registration license
7        plate; or
8            (C) a truck registered for 12,000 lbs. or less as a
9        covered farm vehicle under subsections (a) and (a-5) of
10        Section 3-815 of this Code or subsection (a) of Section
11        3-818 of this Code containing in the cab of the motor
12        vehicle a registration designating the vehicle as a
13        covered farm vehicle under subsections (a) and (a-5) of
14        Section 3-815 of this Code that is towing an implement
15        of husbandry as part of a farming operation; and
16        (4) is not used in for-hire motor carrier operations;
17    however, for-hire motor carrier operations do not include
18    the operation of a vehicle meeting the definition of a
19    covered farm vehicle by a tenant pursuant to a crop share
20    farm lease agreement to transport the landlord's portion of
21    the crops under that agreement; and
22        (5) has a gross vehicle weight rating (GVWR), a gross
23    combination weight rating (GCWR), or a gross vehicle weight
24    or gross vehicle combination weight, whichever is greater,
25    that is:
26            (A) 26,001 lbs. or less, for vehicles operating in

 

 

HB4328- 18 -LRB100 17428 LNS 32596 b

1        interstate commerce; or
2            (B) greater than 26,001 lbs., operating in
3        interstate commerce and registered in this State; or
4            (C) greater than 26,001 lbs. and traveling
5        interstate within 150 air miles of the farm or ranch
6        for which the vehicle is being operated, regardless of
7        whether it is registered in this State; or
8            (D) greater than 10,000 lbs. and traveling
9        intrastate.
10    "Department" means the Department of State Police.
11    "Direct compensation" means payment made to the motor
12carrier by the passengers or a person acting on behalf of the
13passengers for the transportation services provided, and not
14included in a total package charge or other assessment for
15highway transportation services.
16    "Farm supplies for agricultural purposes" means products
17directly related to the growing or harvesting of agricultural
18commodities and livestock feed at any time of the year.
19    "Livestock" means cattle, sheep, goats, swine, poultry
20(including egg-producing poultry), fish used for food, and
21other animals designated by the Secretary of the United States
22Department of Transportation (at his or her sole discretion)
23that are part of a foundation herd (including producing dairy
24cattle) or offspring.
25    "Officer" means Illinois State Police Officer.
26    "Person" means any natural person or individual,

 

 

HB4328- 19 -LRB100 17428 LNS 32596 b

1governmental body, firm, association, partnership,
2copartnership, joint venture, company, corporation, joint
3stock company, trust, estate or any other legal entity or their
4legal representative, agent or assigns.
5(Source: P.A. 97-795, eff. 1-1-13; 98-882, eff. 8-13-14.)
 
6    (625 ILCS 5/18b-102)  (from Ch. 95 1/2, par. 18b-102)
7    Sec. 18b-102. Authority of Department. To the extent
8necessary to administer this Chapter, the Department is
9authorized to:
10    (a) Adopt by reference all or any portion of the Federal
11Motor Carrier Safety Regulations of the United States
12Department of Transportation, as they are now or hereafter
13amended.
14    (b) Conduct investigations; make reports; issue subpoenas;
15conduct hearings; require the production of relevant
16documents, records and property; take depositions; and, in
17conjunction with the Illinois State Police, conduct, directly
18or indirectly, research, development, demonstrations, and
19training activities.
20    (c) Authorize any officer or Department employee to enter
21upon, inspect and examine at reasonable times and in a
22reasonable manner, the records and properties of persons to the
23extent such records and properties relate to the transportation
24by motor vehicle of persons or property.
25    (d) Conduct a continuing review of all aspects of the

 

 

HB4328- 20 -LRB100 17428 LNS 32596 b

1transportation of persons and property by motor vehicle in
2order to determine and recommend appropriate steps to assure
3safe transportation by motor vehicle in Illinois.
4    (e) Administer and enforce the provisions of this Chapter
5and any rules and regulations issued under this Chapter. Only
6the Department Illinois State Police shall be authorized to
7stop and inspect any commercial motor vehicle or driver at any
8time for the purpose of determining compliance with the
9provisions of this Chapter or rules and regulations issued
10under this Chapter.
11(Source: P.A. 90-89, eff. 1-1-98.)
 
12    (625 ILCS 5/18b-104)  (from Ch. 95 1/2, par. 18b-104)
13    Sec. 18b-104. Cooperation with State Agencies - Records and
14Data - Availability. The Department shall cooperate with other
15State agencies regulating transportation by motor vehicles and
16may enter into interagency agreements for the purpose of
17sharing data. The Department shall enter into an interagency
18agreement with the Illinois State Police for the purpose of
19enforcing any provisions of this Chapter and the rules and
20regulations issued under this Chapter.
21(Source: P.A. 86-611.)
 
22    (625 ILCS 5/18b-109)  (from Ch. 95 1/2, par. 18b-109)
23    Sec. 18b-109. Enforcement of Rules and Regulations. Only
24the Department Illinois State Police shall enforce the rules

 

 

HB4328- 21 -LRB100 17428 LNS 32596 b

1and regulations issued under this Chapter against drivers and
2persons other than drivers. The Department and the Illinois
3State Police shall enforce the rules and regulations issued
4under this Chapter against persons other than drivers.
5(Source: P.A. 86-611.)
 
6    Section 99. Effective date. This Act takes effect July 1,
72018.