101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2108

 

Introduced 2/15/2019, by Sen. 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 2020, $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, 2019.


LRB101 08997 TAE 54090 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2108LRB101 08997 TAE 54090 b

1    AN ACT concerning State government.
 
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

 

 

SB2108- 2 -LRB101 08997 TAE 54090 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

 

 

SB2108- 3 -LRB101 08997 TAE 54090 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, during fiscal
22    year 2018 only, for the purposes of a grant not to exceed
23    $3,825,000 to the Regional Transportation Authority on
24    behalf of PACE for the purpose of ADA/Para-transit
25    expenses; or, during fiscal year 2019 only, for the
26    purposes of a grant not to exceed $3,825,000 to the

 

 

SB2108- 4 -LRB101 08997 TAE 54090 b

1    Regional Transportation Authority on behalf of PACE for the
2    purpose of ADA/Para-transit expenses; or for any of those
3    purposes or any other purpose that may be provided by law.
4    Appropriations for any of those purposes are payable from
5the Road Fund. Appropriations may also be made from the Road
6Fund for the administrative expenses of any State agency that
7are related to motor vehicles or arise from the use of motor
8vehicles.
9    Beginning with fiscal year 1980 and thereafter, no Road
10Fund monies shall be appropriated to the following Departments
11or agencies of State government for administration, grants, or
12operations; but this limitation is not a restriction upon
13appropriating for those purposes any Road Fund monies that are
14eligible for federal reimbursement:
15        1. Department of Public Health;
16        2. Department of Transportation, only with respect to
17    subsidies for one-half fare Student Transportation and
18    Reduced Fare for Elderly, except during fiscal year 2012
19    only when no more than $40,000,000 may be expended and
20    except during fiscal year 2013 only when no more than
21    $17,570,300 may be expended and except during fiscal year
22    2014 only when no more than $17,570,000 may be expended and
23    except during fiscal year 2015 only when no more than
24    $17,570,000 may be expended and except during fiscal year
25    2016 only when no more than $17,570,000 may be expended and
26    except during fiscal year 2017 only when no more than

 

 

SB2108- 5 -LRB101 08997 TAE 54090 b

1    $17,570,000 may be expended and except during fiscal year
2    2018 only when no more than $17,570,000 may be expended and
3    except during fiscal year 2019 only when no more than
4    $17,570,000 may be expended;
5        3. Department of Central Management Services, except
6    for expenditures incurred for group insurance premiums of
7    appropriate personnel;
8        4. Judicial Systems and Agencies.
9    Beginning with fiscal year 1981 and thereafter, no Road
10Fund monies shall be appropriated to the following Departments
11or agencies of State government for administration, grants, or
12operations; but this limitation is not a restriction upon
13appropriating for those purposes any Road Fund monies that are
14eligible for federal reimbursement:
15        1. Department of State Police, except for expenditures
16    with respect to the Division of Operations;
17        2. Department of Transportation, only with respect to
18    Intercity Rail Subsidies, except during fiscal year 2012
19    only when no more than $40,000,000 may be expended and
20    except during fiscal year 2013 only when no more than
21    $26,000,000 may be expended and except during fiscal year
22    2014 only when no more than $38,000,000 may be expended and
23    except during fiscal year 2015 only when no more than
24    $42,000,000 may be expended and except during fiscal year
25    2016 only when no more than $38,300,000 may be expended and
26    except during fiscal year 2017 only when no more than

 

 

SB2108- 6 -LRB101 08997 TAE 54090 b

1    $50,000,000 may be expended and except during fiscal year
2    2018 only when no more than $52,000,000 may be expended and
3    except during fiscal year 2019 only when no more than
4    $52,000,000 may be expended, and Rail Freight Services.
5    Beginning with fiscal year 1982 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: Department of Central
11Management Services, except for awards made by the Illinois
12Workers' Compensation Commission under the terms of the
13Workers' Compensation Act or Workers' Occupational Diseases
14Act for injury or death of an employee of the Division of
15Highways in the Department of Transportation.
16    Beginning with fiscal year 1984 and thereafter, no Road
17Fund monies shall be appropriated to the following Departments
18or agencies of State government for administration, grants, or
19operations; but this limitation is not a restriction upon
20appropriating for those purposes any Road Fund monies that are
21eligible for federal reimbursement:
22        1. Department of State Police, except not more than 40%
23    of the funds appropriated for the Division of Operations;
24        2. State Officers.
25    Beginning with fiscal year 1984 and thereafter, no Road
26Fund monies shall be appropriated to any Department or agency

 

 

SB2108- 7 -LRB101 08997 TAE 54090 b

1of State government for administration, grants, or operations
2except as provided hereafter; but this limitation is not a
3restriction upon appropriating for those purposes any Road Fund
4monies that are eligible for federal reimbursement. It shall
5not be lawful to circumvent the above appropriation limitations
6by governmental reorganization or other methods.
7Appropriations shall be made from the Road Fund only in
8accordance with the provisions of this Section.
9    Money in the Road Fund shall, if and when the State of
10Illinois incurs any bonded indebtedness for the construction of
11permanent highways, be set aside and used for the purpose of
12paying and discharging during each fiscal year the principal
13and interest on that bonded indebtedness as it becomes due and
14payable as provided in the Transportation Bond Act, and for no
15other purpose. The surplus, if any, in the Road Fund after the
16payment of principal and interest on that bonded indebtedness
17then annually due shall be used as follows:
18        first -- to pay the cost of administration of Chapters
19    2 through 10 of the Illinois Vehicle Code; and
20        secondly -- no Road Fund monies derived from fees,
21    excises, or license taxes relating to registration,
22    operation and use of vehicles on public highways or to
23    fuels used for the propulsion of those vehicles, shall be
24    appropriated or expended other than for costs of
25    administering the laws imposing those fees, excises, and
26    license taxes, statutory refunds and adjustments allowed

 

 

SB2108- 8 -LRB101 08997 TAE 54090 b

1    thereunder, administrative costs of the Department of
2    Transportation, including, but not limited to, the
3    operating expenses of the Department relating to the
4    administration of public transportation programs, payment
5    of debts and liabilities incurred in construction and
6    reconstruction of public highways and bridges, acquisition
7    of rights-of-way for and the cost of construction,
8    reconstruction, maintenance, repair, and operation of
9    public highways and bridges under the direction and
10    supervision of the State, political subdivision, or
11    municipality collecting those monies, or during fiscal
12    year 2012 only for the purposes of a grant not to exceed
13    $8,500,000 to the Regional Transportation Authority on
14    behalf of PACE for the purpose of ADA/Para-transit
15    expenses, or during fiscal year 2013 only for the purposes
16    of a grant not to exceed $3,825,000 to the Regional
17    Transportation Authority on behalf of PACE for the purpose
18    of ADA/Para-transit expenses, or during fiscal year 2014
19    only for the purposes of a grant not to exceed $3,825,000
20    to the Regional Transportation Authority on behalf of PACE
21    for the purpose of ADA/Para-transit expenses, or during
22    fiscal year 2015 only for the purposes of a grant not to
23    exceed $3,825,000 to the Regional Transportation Authority
24    on behalf of PACE for the purpose of ADA/Para-transit
25    expenses, or during fiscal year 2016 only for the purposes
26    of a grant not to exceed $3,825,000 to the Regional

 

 

SB2108- 9 -LRB101 08997 TAE 54090 b

1    Transportation Authority on behalf of PACE for the purpose
2    of ADA/Para-transit expenses, or during fiscal year 2017
3    only for the purposes of a grant not to exceed $3,825,000
4    to the Regional Transportation Authority on behalf of PACE
5    for the purpose of ADA/Para-transit expenses, or during
6    fiscal year 2018 only for the purposes of a grant not to
7    exceed $3,825,000 to the Regional Transportation Authority
8    on behalf of PACE for the purpose of ADA/Para-transit
9    expenses, or during fiscal year 2019 only for the purposes
10    of a grant not to exceed $3,825,000 to the Regional
11    Transportation Authority on behalf of PACE for the purpose
12    of ADA/Para-transit expenses, and the costs for patrolling
13    and policing the public highways (by State, political
14    subdivision, or municipality collecting that money) for
15    enforcement of traffic laws. The separation of grades of
16    such highways with railroads and costs associated with
17    protection of at-grade highway and railroad crossing shall
18    also be permissible.
19    Appropriations for any of such purposes are payable from
20the Road Fund or the Grade Crossing Protection Fund as provided
21in Section 8 of the Motor Fuel Tax Law.
22    Except as provided in this paragraph, beginning with fiscal
23year 1991 and thereafter, no Road Fund monies shall be
24appropriated to the Department of State Police for the purposes
25of this Section in excess of its total fiscal year 1990 Road
26Fund appropriations for those purposes unless otherwise

 

 

SB2108- 10 -LRB101 08997 TAE 54090 b

1provided in Section 5g of this Act. For fiscal years 2003,
22004, 2005, 2006, and 2007 only, no Road Fund monies shall be
3appropriated to the Department of State Police for the purposes
4of this Section in excess of $97,310,000. For fiscal year 2008
5only, no Road Fund monies shall be appropriated to the
6Department of State Police for the purposes of this Section in
7excess of $106,100,000. For fiscal year 2009 only, no Road Fund
8monies shall be appropriated to the Department of State Police
9for the purposes of this Section in excess of $114,700,000.
10Beginning in fiscal year 2019 2010, no road fund moneys shall
11be appropriated to the Department of State Police, except
12$20,000,000 to administer the Illinois Motor Carrier Safety Law
13and Illinois Hazardous Materials Safety Act. It shall not be
14lawful to circumvent this limitation on appropriations by
15governmental reorganization or other methods unless otherwise
16provided in Section 5g of this Act.
17    In fiscal year 1994, no Road Fund monies shall be
18appropriated to the Secretary of State for the purposes of this
19Section in excess of the total fiscal year 1991 Road Fund
20appropriations to the Secretary of State for those purposes,
21plus $9,800,000. It shall not be lawful to circumvent this
22limitation on appropriations by governmental reorganization or
23other method.
24    Beginning with fiscal year 1995 and thereafter, no Road
25Fund monies shall be appropriated to the Secretary of State for
26the purposes of this Section in excess of the total fiscal year

 

 

SB2108- 11 -LRB101 08997 TAE 54090 b

11994 Road Fund appropriations to the Secretary of State for
2those purposes. It shall not be lawful to circumvent this
3limitation on appropriations by governmental reorganization or
4other methods.
5    Beginning with fiscal year 2000, total Road Fund
6appropriations to the Secretary of State for the purposes of
7this Section shall not exceed the amounts specified for the
8following fiscal years:
9    Fiscal Year 2000$80,500,000;
10    Fiscal Year 2001$80,500,000;
11    Fiscal Year 2002$80,500,000;
12    Fiscal Year 2003$130,500,000;
13    Fiscal Year 2004$130,500,000;
14    Fiscal Year 2005$130,500,000;
15    Fiscal Year 2006 $130,500,000;
16    Fiscal Year 2007 $130,500,000;
17    Fiscal Year 2008$130,500,000;
18    Fiscal Year 2009 $130,500,000.
19    For fiscal year 2010, no road fund moneys shall be
20appropriated to the Secretary of State.
21    Beginning in fiscal year 2011, moneys in the Road Fund
22shall be appropriated to the Secretary of State for the
23exclusive purpose of paying refunds due to overpayment of fees
24related to Chapter 3 of the Illinois Vehicle Code unless
25otherwise provided for by law.
26    It shall not be lawful to circumvent this limitation on

 

 

SB2108- 12 -LRB101 08997 TAE 54090 b

1appropriations by governmental reorganization or other
2methods.
3    No new program may be initiated in fiscal year 1991 and
4thereafter that is not consistent with the limitations imposed
5by this Section for fiscal year 1984 and thereafter, insofar as
6appropriation of Road Fund monies is concerned.
7    Nothing in this Section prohibits transfers from the Road
8Fund to the State Construction Account Fund under Section 5e of
9this Act; nor to the General Revenue Fund, as authorized by
10Public Act 93-25.
11    The additional amounts authorized for expenditure in this
12Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
13shall be repaid to the Road Fund from the General Revenue Fund
14in the next succeeding fiscal year that the General Revenue
15Fund has a positive budgetary balance, as determined by
16generally accepted accounting principles applicable to
17government.
18    The additional amounts authorized for expenditure by the
19Secretary of State and the Department of State Police in this
20Section by Public Act 94-91 shall be repaid to the Road Fund
21from the General Revenue Fund in the next succeeding fiscal
22year that the General Revenue Fund has a positive budgetary
23balance, as determined by generally accepted accounting
24principles applicable to government.
25(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17;
26100-587, eff. 6-4-18; 100-863, eff.8-14-18.)
 

 

 

SB2108- 13 -LRB101 08997 TAE 54090 b

1    Section 10. The Illinois Hazardous Materials
2Transportation Act is amended by changing Sections 2 and 3 as
3follows:
 
4    (430 ILCS 30/2)  (from Ch. 95 1/2, par. 700-2)
5    Sec. 2. It is the finding of the General Assembly that
6hazardous materials are essential for various industrial,
7commercial and other purposes; that their transportation is a
8necessary incident to their use; and that such transportation
9is required for the employment and economic prosperity of the
10People of the State of Illinois.
11    It is therefore declared to be the policy of the General
12Assembly to improve the regulatory and enforcement authority of
13the Department of State Police Transportation to protect the
14People of the State of Illinois against the risk to life and
15property inherent in the transportation of hazardous materials
16over highways by keeping such risk to a minimum consistent with
17technical feasibility and economic reasonableness.
18    It is not the intent of the General Assembly to regulate
19the movement of hazardous materials in such quantities that
20would not pose a substantial danger to the public health and
21safety, such as fuels, fertilizer and agricultural chemicals
22while being used in a normal farming operation or in transit to
23the farm.
24(Source: P.A. 80-351.)
 

 

 

SB2108- 14 -LRB101 08997 TAE 54090 b

1    (430 ILCS 30/3)  (from Ch. 95 1/2, par. 700-3)
2    Sec. 3. Unless the context otherwise clearly requires, as
3used in this Act:
4    "Commerce" means trade, traffic, commerce or
5transportation within the State;
6    "Department" means the Illinois Department of State Police
7Transportation;
8    "Discharge" means leakage, seepage, or other release;
9    "Hazardous material" means a substance or material in a
10quantity and form determined by the United States Department of
11Transportation to be capable of posing an unreasonable risk to
12health and safety or property when transported in commerce;
13    "Knowingly" means a person has actual knowledge of the
14facts giving rise to the violation or a reasonable person
15acting in the circumstances and exercising due care would have
16such knowledge;
17    "Law Enforcement Officials" means the Illinois State
18Police or any duly authorized employees of a local governmental
19agency who are primarily responsible for prevention or
20detection of crime and enforcement of the criminal code and the
21highway and traffic laws of this State or any political
22subdivision of such State;
23    "Person" means any natural person or individual,
24governmental body, firm, association, partnership,
25copartnership, joint venture, company, corporation, joint

 

 

SB2108- 15 -LRB101 08997 TAE 54090 b

1stock company, trust, estate or any other legal entity or their
2legal representative, agent or assigns;
3    "Transports" or "transportation" means any movement of
4property over the highway and any loading, unloading or storage
5incidental to such movement.
6(Source: P.A. 90-263, eff. 7-30-97.)
 
7    Section 15. The Illinois Vehicle Code is amended by
8changing Sections 18b-101, 18b-102, 18b-104, and 18b-109 as
9follows:
 
10    (625 ILCS 5/18b-101)  (from Ch. 95 1/2, par. 18b-101)
11    Sec. 18b-101. Definitions. Unless the context otherwise
12clearly requires, as used in this Chapter:
13    "Agricultural commodities" means any agricultural
14commodity, non-processed food, feed, fiber, or livestock,
15including insects.
16    "Agricultural operations" means the operation of a motor
17vehicle or combination of vehicles transporting agricultural
18commodities or farm supplies for agricultural purposes.
19    "Air mile" means a nautical mile, which is equivalent to
206,076 feet or 1,852 meters. Accordingly, 100 air miles are
21equivalent to 115.08 statute miles or 185.2 kilometers.
22    "Commercial motor vehicle" means any self propelled or
23towed vehicle used on public highways in interstate and
24intrastate commerce to transport passengers or property when

 

 

SB2108- 16 -LRB101 08997 TAE 54090 b

1the vehicle has a gross vehicle weight, a gross vehicle weight
2rating, a gross combination weight, or a gross combination
3weight rating of 10,001 or more pounds; or the vehicle is used
4or designed to transport more than 15 passengers, including the
5driver; or the vehicle is designed to carry 15 or fewer
6passengers and is operated by a contract carrier transporting
7employees in the course of their employment on a highway of
8this State; or the vehicle is used or designed to transport
9between 9 and 15 passengers, including the driver, for direct
10compensation; or the vehicle is used in the transportation of
11hazardous materials in a quantity requiring placarding under
12the Illinois Hazardous Materials Transportation Act. This
13definition shall not include farm machinery, fertilizer
14spreaders, and other special agricultural movement equipment
15described in Section 3-809 nor implements of husbandry as
16defined in Section 1-130.
17    "Covered farm vehicle", for purposes of this Chapter and
18rule-making under this Chapter, means a straight truck or
19articulated vehicle, excluding vehicles transporting hazardous
20materials of a type or quantity that requires the vehicle to be
21placarded in accordance with the Illinois Hazardous Materials
22Transportation Act, registered in this State or another state
23and equipped with a special license plate or other designation
24by the state in which the vehicle is registered identifying the
25vehicle as a covered farm vehicle for law enforcement personnel
26and:

 

 

SB2108- 17 -LRB101 08997 TAE 54090 b

1        (1) is operated by a farm or ranch owner or operator,
2    or an employee or family member of the farm or ranch owner
3    or operator; and
4        (2) is being used to transport the following to or from
5    a farm or ranch:
6            (A) agricultural commodities;
7            (B) livestock; or
8            (C) machinery or supplies; and
9        (3) if registered in this State, is:
10            (A) registered as a farm truck under subsection (c)
11        of Section 3-815 of this Code; or
12            (B) operated in combination as an articulated
13        vehicle when the truck in the combination is registered
14        for 12,000 lbs. or less as a covered farm vehicle under
15        subsections (a) and (a-5) of Section 3-815 of this Code
16        or subsection (a) of Section 3-818 of this Code and
17        contains in the cab of the motor vehicle a registration
18        designating the vehicle as a covered farm vehicle under
19        subsections (a) and (a-5) of Section 3-815 of this Code
20        and the trailer in the combination is registered as a
21        farm trailer under subsection (a) of Section 3-819 of
22        this Code and displays a farm registration license
23        plate; or
24            (C) a truck registered for 12,000 lbs. or less as a
25        covered farm vehicle under subsections (a) and (a-5) of
26        Section 3-815 of this Code or subsection (a) of Section

 

 

SB2108- 18 -LRB101 08997 TAE 54090 b

1        3-818 of this Code containing in the cab of the motor
2        vehicle a registration designating the vehicle as a
3        covered farm vehicle under subsections (a) and (a-5) of
4        Section 3-815 of this Code that is towing an implement
5        of husbandry as part of a farming operation; and
6        (4) is not used in for-hire motor carrier operations;
7    however, for-hire motor carrier operations do not include
8    the operation of a vehicle meeting the definition of a
9    covered farm vehicle by a tenant pursuant to a crop share
10    farm lease agreement to transport the landlord's portion of
11    the crops under that agreement; and
12        (5) has a gross vehicle weight rating (GVWR), a gross
13    combination weight rating (GCWR), or a gross vehicle weight
14    or gross vehicle combination weight, whichever is greater,
15    that is:
16            (A) 26,001 lbs. or less, for vehicles operating in
17        interstate commerce; or
18            (B) greater than 26,001 lbs., operating in
19        interstate commerce and registered in this State; or
20            (C) greater than 26,001 lbs. and traveling
21        interstate within 150 air miles of the farm or ranch
22        for which the vehicle is being operated, regardless of
23        whether it is registered in this State; or
24            (D) greater than 10,000 lbs. and traveling
25        intrastate.
26    "Department" means the Department of State Police.

 

 

SB2108- 19 -LRB101 08997 TAE 54090 b

1    "Direct compensation" means payment made to the motor
2carrier by the passengers or a person acting on behalf of the
3passengers for the transportation services provided, and not
4included in a total package charge or other assessment for
5highway transportation services.
6    "Farm supplies for agricultural purposes" means products
7directly related to the growing or harvesting of agricultural
8commodities and livestock feed at any time of the year.
9    "Livestock" means cattle, sheep, goats, swine, poultry
10(including egg-producing poultry), fish used for food, and
11other animals designated by the Secretary of the United States
12Department of Transportation (at his or her sole discretion)
13that are part of a foundation herd (including producing dairy
14cattle) or offspring.
15    "Officer" means Illinois State Police Officer.
16    "Person" means any natural person or individual,
17governmental body, firm, association, partnership,
18copartnership, joint venture, company, corporation, joint
19stock company, trust, estate or any other legal entity or their
20legal representative, agent or assigns.
21(Source: P.A. 97-795, eff. 1-1-13; 98-882, eff. 8-13-14.)
 
22    (625 ILCS 5/18b-102)  (from Ch. 95 1/2, par. 18b-102)
23    Sec. 18b-102. Authority of Department. To the extent
24necessary to administer this Chapter, the Department is
25authorized to:

 

 

SB2108- 20 -LRB101 08997 TAE 54090 b

1    (a) Adopt by reference all or any portion of the Federal
2Motor Carrier Safety Regulations of the United States
3Department of Transportation, as they are now or hereafter
4amended.
5    (b) Conduct investigations; make reports; issue subpoenas;
6conduct hearings; require the production of relevant
7documents, records and property; take depositions; and, in
8conjunction with the Illinois State Police, conduct, directly
9or indirectly, research, development, demonstrations, and
10training activities.
11    (c) Authorize any officer or Department employee to enter
12upon, inspect and examine at reasonable times and in a
13reasonable manner, the records and properties of persons to the
14extent such records and properties relate to the transportation
15by motor vehicle of persons or property.
16    (d) Conduct a continuing review of all aspects of the
17transportation of persons and property by motor vehicle in
18order to determine and recommend appropriate steps to assure
19safe transportation by motor vehicle in Illinois.
20    (e) Administer and enforce the provisions of this Chapter
21and any rules and regulations issued under this Chapter. Only
22the Department Illinois State Police shall be authorized to
23stop and inspect any commercial motor vehicle or driver at any
24time for the purpose of determining compliance with the
25provisions of this Chapter or rules and regulations issued
26under this Chapter.

 

 

SB2108- 21 -LRB101 08997 TAE 54090 b

1(Source: P.A. 90-89, eff. 1-1-98.)
 
2    (625 ILCS 5/18b-104)  (from Ch. 95 1/2, par. 18b-104)
3    Sec. 18b-104. Cooperation with State Agencies - Records and
4Data - Availability. The Department shall cooperate with other
5State agencies regulating transportation by motor vehicles and
6may enter into interagency agreements for the purpose of
7sharing data. The Department shall enter into an interagency
8agreement with the Illinois State Police for the purpose of
9enforcing any provisions of this Chapter and the rules and
10regulations issued under this Chapter.
11(Source: P.A. 86-611.)
 
12    (625 ILCS 5/18b-109)  (from Ch. 95 1/2, par. 18b-109)
13    Sec. 18b-109. Enforcement of Rules and Regulations. Only
14the Department Illinois State Police shall enforce the rules
15and regulations issued under this Chapter against drivers and
16persons other than drivers. The Department and the Illinois
17State Police shall enforce the rules and regulations issued
18under this Chapter against persons other than drivers.
19(Source: P.A. 86-611.)
 
20    Section 99. Effective date. This Act takes effect July 1,
212020.