HB3520 100TH GENERAL ASSEMBLY

LRB100 11364 AXK 21749 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3520

Introduced , by Rep. Tim Butler

SYNOPSIS AS INTRODUCED:

625 ILCS 5/18c-1204	from Ch. 95 1/2, par. 18c-1204
625 ILCS 5/18c-1601	from Ch. 95 1/2, par. 18c-1601
625 ILCS 5/18c-1602	from Ch. 95 1/2, par. 18c-1602
625 ILCS 5/18c-1603	from Ch. 95 1/2, par. 18c-1603
625 ILCS 5/18c-1604 rep.

Amends the Illinois Vehicle Code. Expands the Transportation Division of the Illinois Commerce Commission to include administration and enforcement of Chapters in the Code governing commercial relocation of trespassing vehicles and commercial safety towing, the Personal Property Storage Act, and the Collateral Recovery Act. Provides that the Transportation Division shall consist of 3 programs (rather than 4) and one office (rather than 2). Provides that the 3 programs shall be Enforcement, Docketing and Processing, and Rail Safety. Provides the office shall be the Office of the Division Manager. Provides that legal or hearing examiner services relating to the regulatory responsibilities of the Transportation Division shall be provided by the Commission's Office of General Counsel and Bureau of Administrative Law Judges under the Public Utilities Act. Provides that all fees, penalties, and other monies collected under the Chapters in the Code governing commercial relocation of trespassing vehicles, commercial transportation, and commercial safety towing, the Personal Property Storage Act, and the Collateral Recovery Act shall be paid into the Transportation Regulatory Fund. Repeals a provision providing that the Commission shall report to the General Assembly and the Governor every fiscal year information regarding monies in the Transportation Regulatory Fund. Makes conforming changes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Sections 18c-1204, 18c-1601, 18c-1602, and 18c-1603 as follows:

(625 ILCS 5/18c-1204) (from Ch. 95 1/2, par. 18c-1204)

Sec. 18c-1204. Transportation Division.

(1) Establishment. There shall be established within the staff of the Commission a Transportation Division in which primary staff responsibility for the administration and enforcement of this Chapter, Chapter 18a, and Chapter 18d of this Code, the Personal Property Storage Act, and the Collateral Recovery Act and Chapter 18a shall be vested. The Transportation Division shall be headed by a division manager responsible to the executive director.

(2) Structure. The Transportation Division shall consist of 3 4 programs and one office 2 offices. The 3 4 programs shall be Enforcement Compliance, Review and Examination, Docketing and Processing, and Rail Safety. Each program shall be headed by a program director and responsible to the division manager, except that in the Compliance Program the 3 staff supervisors shall each be responsible to the division manager. The one office 2 offices shall be the Office of Transportation Counsel and the Office of the Division Manager. The Office of Transportation Counsel shall be headed by a Chief Counsel responsible to the Division Manager. The Division Manager shall coordinate the activities and responsibilities of the Division Office of Transportation Counsel with the executive director and the personal assistant serving as staff counsel to the executive director in the office of the executive director, and with the Commission.

(a) The Enforcement Compliance Program.

(i) The Enforcement Compliance Program shall consist of a police staff, a rate auditing staff, and a civil penalties staff. This staff These staffs shall be headed by a Chief of Police, a Supervisor of Tariffs and Audits, and a Supervisor of Civil Penalties, respectively.

(ii) The police staff shall be divided into districts with a field office in each district. Each district shall be headed by a working supervisor responsible to the Chief of Police. All staff responsibility for enforcement of this Chapter, except with regard to rail safety, shall be vested in the Enforcement Compliance Program.

(b) (Blank). The Review and Examination Program.

(i) Staff responsibility for review of all nonhearing matters under this Chapter and Chapter 18a and examination of all matters assigned for hearing under this Chapter and Chapter 18a shall be vested in the Review and Examination Program, except as otherwise provided in Section 18c-1204b.

(ii) Hearing examiners in the program shall have responsibility for developing a full, complete and impartial record on all issues to be decided in a proceeding; recommending disposition of the issues or making an initial decision on them, as provided in this Chapter; and setting forth in writing the basis for their recommendations or initial decisions. The program director shall be the chief hearing examiner for matters under this Chapter and Chapter 18a with responsibility to insure consistency of recommendations and initial decisions.

(c) The Processing and Docketing Program. All staff responsibility for docketing and processing filings, accounting of receipts and expenditures, issuing, file maintenance and other processing functions under this Chapter and Chapter 18a shall be vested in the Processing Program.

(d) The Rail Safety Program. Staff responsibility for administration and enforcement of the rail safety provisions of this Chapter shall be vested in the Rail Safety Program.

(e) (Blank). The Office of Transportation Counsel.

(i) All Commission staff responsibility for provision of legal services in connection with any matter under this Chapter, excepting any matter under subchapters 7 and 8 of this Chapter, or in connection with any matter under Chapter 18a shall, except with regard to functions vested in the review and examination program under paragraph (b) of this subsection, be vested exclusively in the Office of Transportation Counsel.

(ii) The Office of Transportation Counsel shall, when directed through the division manager to do so, represent the Commission or Commission staff in administrative or judicial proceedings and render staff advisory opinions to the executive director and the Commission.

(e-5) Legal or hearing examiner services relating to the regulatory responsibilities of the Transportation Division shall be provided by the Commission's Office of General Counsel and Bureau of Administrative Law Judges under the Public Utilities Act.

(f) Levels of Administration. No additional levels of administration, supervision or authority shall be superimposed, or remain superimposed, between levels prescribed under this Section, and no organizational units may be created within the Transportation Division except as prescribed under this Section.

(3) Additional Functions. Staff functions relating to rulemaking, policy recommendations and advisory committees under this Chapter, and Chapter 18a, and Chapter 18d of this Code, the Personal Property Storage Act, and the Collateral Recovery Act shall be vested in the Transportation Division, except that the Transportation Division may receive legal and hearing examiner services from the Commission's Office of General Counsel and Bureau of Administrative Law Judges.

The staff shall prepare and distribute to the General Assembly, in April of each year, a report on railway accidents in Illinois which involve hazardous materials. The report shall include the location, substance involved, amounts involved, and the suspected reason for each accident. The report shall also reveal the rail line and point of origin of the hazardous material involved in each accident.

(Source: P.A. 88-415.)

(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, Chapter 18a, and Chapter 18d of this Code, the Personal Property Storage Act, and the Collateral Recovery Act 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, Chapter 18a, and Chapter 18d of this Code, the Personal Property Storage Act, and the Collateral Recovery Act 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) (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, Chapter 18a, and Chapter 18d of this Code, the Personal Property Storage Act, and the Collateral Recovery Act 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) (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, and Chapter 18d of this Code, the Personal Property Storage Act, and the Collateral Recovery Act. 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 Chapter 18d of this Code, the Personal Property Storage Act, or the Collateral Recovery Act; and

(iii) Authorized by the Transportation Division manager.

(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 and its successors 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' assistants;

(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; .

(viii) The Bureau of Administrative Law Judges, its constituent elements and successors, but only for expenses relating to this Chapter, Chapter 18a, and Chapter 18d of this Code, the Personal Property Storage Act, and the Collateral Recovery Act; and

(ix) The Office of General Counsel, its constituent elements and successors, but only for expenses relating to this Chapter, Chapter 18a, and Chapter 18d of this Code, the Personal Property Storage Act, and the Collateral Recovery Act.

(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, and Chapter 18d of this Code, the Personal Property Storage Act, and the Collateral Recovery Act, as shown by a time study updated at least once every 12 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 elements and successors;

(v) (Blank); 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) (Blank); and 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.)

(625 ILCS 5/18c-1604 rep.)

Section 10. The Illinois Vehicle Code is amended by repealing Section 18c-1604.