| |
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.
() 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.
|
|
(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.
|
|
(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;
|
|
(a-5) $15 for each motor vehicle operated by a public
| | carrier in intrastate commerce; and
|
|
(b) $7 for each motor vehicle operated by a motor
| | carrier of property in interstate commerce.
|
|
(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.
|
|
(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.
|
|
(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.
|
|
(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.
|
|
(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.
|
|
(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.
|
|
(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.
|
|
(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.
|
|
(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 $ ."
|
|
(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."
|
|
(Source: P.A. 93-32, eff. 7-1-03.)
|
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.)
|
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.)
|
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.)
|
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 .)
|
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.)
|
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.)
|
625 ILCS 5/Ch 18C Sub 1 Art VI
(625 ILCS 5/Ch 18C Sub 1 Art VI heading)
ARTICLE VI.
TRANSPORTATION REGULATORY FUND
|
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);
|
|
(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.)
|
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.)
|
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:
|
|
(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;
|
|
(ii) Incurred exclusively in the administration
| | and enforcement of this Chapter and Chapter 18a; and
|
|
(iii) Authorized by the Transportation Division
| |
(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:
|
|
(i) The Executive Director, his deputies and
| | personal assistants, and their clerical support;
|
|
(ii) The legislative liaison activities of the
| | Office of Legislative Affairs, its constituent elements and successors;
|
|
(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;
|
|
(iv) The payroll expenses of Commissioners'
| |
(v) The internal auditor;
(vi) The in-state travel expenses of the
| | Commissioners to and from the offices of the Commission; and
|
|
(vii) The Public Affairs Group, its constituent
| | elements, and its successors.
|
| (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.
|
|
(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.
|
|
(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:
|
|
(i) Commissioners' travel, except as otherwise
| | provided in paragraphs (b) and (c) of this subsection;
|
|
(ii) Commissioners' assistants except as
| | otherwise provided in paragraphs (b) and (e) of this subsection;
|
|
(iii) The Policy Analysis and Research Division,
| | its constituent elements and successors;
|
|
(iv) The Chief Clerk's office, its constituent
| |
(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;
|
|
(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
|
|
(viii) Any other expenses or portion thereof not
| | expressly authorized in this subsection to be allocated to the Fund.
|
|
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.
|
|
(3) (Blank).
(4) (Blank).
(Source: P.A. 96-515, eff. 1-1-10.)
|
|
|
|