Full Text of HB5854 101st General Assembly
HB5854 101ST GENERAL ASSEMBLY |
| | 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.
|
| |
| | A BILL FOR |
|
| | | HB5854 | | LRB101 22241 HEP 73475 b |
|
| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 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 | 9 | | staff of the
Commission a Transportation Division in which | 10 | | primary staff responsibility for
the administration and | 11 | | enforcement of this Chapter and Chapter 18a shall be
vested. | 12 | | The Transportation Division shall be headed by a division | 13 | | manager
responsible to the executive director.
| 14 | | (2) Structure. The Transportation Division shall consist | 15 | | of 4 programs
and 2 offices. The 4 programs shall be | 16 | | Compliance, Review and Examination,
Docketing and Processing, | 17 | | and Rail Safety. Each program shall be headed by
a program | 18 | | director and responsible to the division manager, except that | 19 | | in
the Compliance Program the 3 staff supervisors shall each be | 20 | | responsible to
the division manager. The 2 offices shall be the | 21 | | Office of Transportation
Counsel and the Office of the Division | 22 | | Manager. The Office of
Transportation Counsel shall be headed | 23 | | by a Chief Counsel responsible to
the Division Manager. The |
| | | HB5854 | - 2 - | LRB101 22241 HEP 73475 b |
|
| 1 | | Division Manager shall coordinate the activities
and | 2 | | responsibilities of the Office of Transportation Counsel with | 3 | | the
executive director and the personal assistant serving as | 4 | | staff counsel to
the executive director in the office of the | 5 | | executive 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 |
| | | HB5854 | - 3 - | LRB101 22241 HEP 73475 b |
|
| 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 |
| | | HB5854 | - 4 - | LRB101 22241 HEP 73475 b |
|
| 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 | 18 | | rulemaking,
policy recommendations and advisory committees | 19 | | under this Chapter and
Chapter 18a shall be vested in the | 20 | | Transportation Division.
| 21 | | The staff shall prepare and distribute to the General | 22 | | Assembly, in
April of each year, a report on railway accidents | 23 | | in Illinois which involve
hazardous materials. The report shall | 24 | | include the location, substance
involved, amounts involved, | 25 | | and the suspected reason for each accident. The
report shall | 26 | | also reveal the rail line and point of origin of the hazardous
|
| | | HB5854 | - 5 - | LRB101 22241 HEP 73475 b |
|
| 1 | | material involved in each accident. | 2 | | (4) The Transportation Division shall establish a | 3 | | statewide database of all towed vehicles. The database shall
| 4 | | integrate with existing law enforcement databases. The | 5 | | database shall have a vehicle identification number validation | 6 | | feature to permit only valid vehicle identification numbers to | 7 | | be submitted to the database. The database shall include the | 8 | | name of the tow company that took possession of the vehicle. | 9 | | The database
shall be available to the public. Before taking | 10 | | possession of a vehicle, a tow company shall submit | 11 | | electronically to the towed vehicle database the vehicle | 12 | | identification number and license plate number of the vehicle. | 13 | | A tow company that violates this subsection may not collect any | 14 | | fees related to the vehicle that is the subject of the | 15 | | violation. A tow company that commits a third violation of this | 16 | | subsection is subject to the revocation of its license.
| 17 | | (Source: P.A. 88-415.)
|
|