101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5854

 

Introduced 11/10/2020, by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/18c-1204  from Ch. 95 1/2, par. 18c-1204

    Amends the Illinois Commercial Transportation Law of the Illinois Vehicle Code. Provides that the Transportation Division of the Illinois Commerce Commission shall establish a statewide database of all towed vehicles. Provides that: the database shall integrate with existing law enforcement databases; the database shall have a vehicle identification number validation feature to permit only valid vehicle identification numbers to be submitted to the database; the database shall include the name of the tow company that took possession of the vehicle; and the database shall be available to the public. Provides that, before taking possession of a vehicle, a tow company shall submit electronically to the towed vehicle database the vehicle identification number and license plate number of the vehicle. Provides that a tow company that fails to comply may not collect any fees related to the vehicle. Provides that a tow company that commits a third violation is subject to the revocation of its license.


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A BILL FOR

 

HB5854LRB101 22241 HEP 73475 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 18c-1204 as follows:
 
6    (625 ILCS 5/18c-1204)  (from Ch. 95 1/2, par. 18c-1204)
7    Sec. 18c-1204. Transportation Division.
8    (1) Establishment. There shall be established within the
9staff of the Commission a Transportation Division in which
10primary staff responsibility for the administration and
11enforcement of this Chapter and Chapter 18a shall be vested.
12The Transportation Division shall be headed by a division
13manager responsible to the executive director.
14    (2) Structure. The Transportation Division shall consist
15of 4 programs and 2 offices. The 4 programs shall be
16Compliance, Review and Examination, Docketing and Processing,
17and Rail Safety. Each program shall be headed by a program
18director and responsible to the division manager, except that
19in the Compliance Program the 3 staff supervisors shall each be
20responsible to the division manager. The 2 offices shall be the
21Office of Transportation Counsel and the Office of the Division
22Manager. The Office of Transportation Counsel shall be headed
23by a Chief Counsel responsible to the Division Manager. The

 

 

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1Division Manager shall coordinate the activities and
2responsibilities of the Office of Transportation Counsel with
3the executive director and the personal assistant serving as
4staff counsel to the executive director in the office of the
5executive director, and with the Commission.
6        (a) The Compliance Program.
7            (i) The Compliance Program shall consist of a
8        police staff, a rate auditing staff, and a civil
9        penalties staff. These staffs shall be headed by a
10        Chief of Police, a Supervisor of Tariffs and Audits,
11        and a Supervisor of Civil Penalties, respectively.
12            (ii) The police staff shall be divided into
13        districts with a field office in each district. Each
14        district shall be headed by a working supervisor
15        responsible to the Chief of Police. All staff
16        responsibility for enforcement of this Chapter, except
17        with regard to rail safety, shall be vested in the
18        Compliance Program.
19        (b) The Review and Examination Program.
20            (i) Staff responsibility for review of all
21        nonhearing matters under this Chapter and Chapter 18a
22        and examination of all matters assigned for hearing
23        under this Chapter and Chapter 18a shall be vested in
24        the Review and Examination Program, except as
25        otherwise provided in Section 18c-1204b.
26            (ii) Hearing examiners in the program shall have

 

 

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1        responsibility for developing a full, complete and
2        impartial record on all issues to be decided in a
3        proceeding; recommending disposition of the issues or
4        making an initial decision on them, as provided in this
5        Chapter; and setting forth in writing the basis for
6        their recommendations or initial decisions. The
7        program director shall be the chief hearing examiner
8        for matters under this Chapter and Chapter 18a with
9        responsibility to insure consistency of
10        recommendations and initial decisions.
11        (c) The Processing and Docketing Program. All staff
12    responsibility for docketing and processing filings,
13    accounting of receipts and expenditures, issuing, file
14    maintenance and other processing functions under this
15    Chapter and Chapter 18a shall be vested in the Processing
16    Program.
17        (d) The Rail Safety Program. Staff responsibility for
18    administration and enforcement of the rail safety
19    provisions of this Chapter shall be vested in the Rail
20    Safety Program.
21        (e) The Office of Transportation Counsel.
22            (i) All Commission staff responsibility for
23        provision of legal services in connection with any
24        matter under this Chapter, excepting any matter under
25        subchapters 7 and 8 of this Chapter, or in connection
26        with any matter under Chapter 18a shall, except with

 

 

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1        regard to functions vested in the review and
2        examination program under paragraph (b) of this
3        subsection, be vested exclusively in the Office of
4        Transportation Counsel.
5            (ii) The Office of Transportation Counsel shall,
6        when directed through the division manager to do so,
7        represent the Commission or Commission staff in
8        administrative or judicial proceedings and render
9        staff advisory opinions to the executive director and
10        the Commission.
11        (f) Levels of Administration. No additional levels of
12    administration, supervision or authority shall be
13    superimposed, or remain superimposed, between levels
14    prescribed under this Section, and no organizational units
15    may be created within the Transportation Division except as
16    prescribed under this Section.
17    (3) Additional Functions. Staff functions relating to
18rulemaking, policy recommendations and advisory committees
19under this Chapter and Chapter 18a shall be vested in the
20Transportation Division.
21    The staff shall prepare and distribute to the General
22Assembly, in April of each year, a report on railway accidents
23in Illinois which involve hazardous materials. The report shall
24include the location, substance involved, amounts involved,
25and the suspected reason for each accident. The report shall
26also reveal the rail line and point of origin of the hazardous

 

 

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1material involved in each accident.
2    (4) The Transportation Division shall establish a
3statewide database of all towed vehicles. The database shall
4integrate with existing law enforcement databases. The
5database shall have a vehicle identification number validation
6feature to permit only valid vehicle identification numbers to
7be submitted to the database. The database shall include the
8name of the tow company that took possession of the vehicle.
9The database shall be available to the public. Before taking
10possession of a vehicle, a tow company shall submit
11electronically to the towed vehicle database the vehicle
12identification number and license plate number of the vehicle.
13A tow company that violates this subsection may not collect any
14fees related to the vehicle that is the subject of the
15violation. A tow company that commits a third violation of this
16subsection is subject to the revocation of its license.
17(Source: P.A. 88-415.)