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90_HB0218
625 ILCS 5/18c-1204 from Ch. 95 1/2, par. 18c-1204
Amends the Illinois Vehicle Code to make a technical
change to a provision concerning the Transportation Division
of the Commerce Commission. Effective July 1, 1997.
LRB9001013NTsb
LRB9001013NTsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 18c-1204.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 18c-1204 as follows:
7 (625 ILCS 5/18c-1204) (from Ch. 95 1/2, par. 18c-1204)
8 Sec. 18c-1204. Transportation Division.
9 (1) Establishment. There is shall be established within
10 the staff of the Commission a Transportation Division in
11 which primary staff responsibility for the administration and
12 enforcement of this Chapter and Chapter 18a shall be vested.
13 The Transportation Division shall be headed by a division
14 manager responsible to the executive director.
15 (2) Structure. The Transportation Division shall consist
16 of 4 programs and 2 offices. The 4 programs shall be
17 Compliance, Review and Examination, Docketing and Processing,
18 and Rail Safety. Each program shall be headed by a program
19 director and responsible to the division manager, except that
20 in the Compliance Program the 3 staff supervisors shall each
21 be responsible to the division manager. The 2 offices shall
22 be the Office of Transportation Counsel and the Office of the
23 Division Manager. The Office of Transportation Counsel shall
24 be headed by a Chief Counsel responsible to the Division
25 Manager. The Division Manager shall coordinate the
26 activities and responsibilities of the Office of
27 Transportation Counsel with the executive director and the
28 personal assistant serving as staff counsel to the executive
29 director in the office of the executive director, and with
30 the Commission.
31 (a) The Compliance Program.
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1 (i) The Compliance Program shall consist of a
2 police staff, a rate auditing staff, and a civil
3 penalties staff. These staffs shall be headed by a
4 Chief of Police, a Supervisor of Tariffs and Audits,
5 and a Supervisor of Civil Penalties, respectively.
6 (ii) The police staff shall be divided into
7 districts with a field office in each district. Each
8 district shall be headed by a working supervisor
9 responsible to the Chief of Police. All staff
10 responsibility for enforcement of this Chapter,
11 except with regard to rail safety, shall be vested
12 in the Compliance Program.
13 (b) The Review and Examination Program.
14 (i) Staff responsibility for review of all
15 nonhearing matters under this Chapter and Chapter
16 18a and examination of all matters assigned for
17 hearing under this Chapter and Chapter 18a shall be
18 vested in the Review and Examination Program, except
19 as otherwise provided in Section 18c-1204b.
20 (ii) Hearing examiners in the program shall
21 have responsibility for developing a full, complete
22 and impartial record on all issues to be decided in
23 a proceeding; recommending disposition of the issues
24 or making an initial decision on them, as provided
25 in this Chapter; and setting forth in writing the
26 basis for their recommendations or initial
27 decisions. The program director shall be the chief
28 hearing examiner for matters under this Chapter and
29 Chapter 18a with responsibility to insure
30 consistency of recommendations and initial
31 decisions.
32 (c) The Processing and Docketing Program. All
33 staff responsibility for docketing and processing
34 filings, accounting of receipts and expenditures,
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1 issuing, file maintenance and other processing functions
2 under this Chapter and Chapter 18a shall be vested in the
3 Processing Program.
4 (d) The Rail Safety Program. Staff responsibility
5 for administration and enforcement of the rail safety
6 provisions of this Chapter shall be vested in the Rail
7 Safety Program.
8 (e) The Office of Transportation Counsel.
9 (i) All Commission staff responsibility for
10 provision of legal services in connection with any
11 matter under this Chapter, excepting any matter
12 under subchapters 7 and 8 of this Chapter, or in
13 connection with any matter under Chapter 18a shall,
14 except with regard to functions vested in the review
15 and examination program under paragraph (b) of this
16 subsection, be vested exclusively in the Office of
17 Transportation Counsel.
18 (ii) The Office of Transportation Counsel
19 shall, when directed through the division manager to
20 do so, represent the Commission or Commission staff
21 in administrative or judicial proceedings and render
22 staff advisory opinions to the executive director
23 and the Commission.
24 (f) Levels of Administration. No additional levels
25 of administration, supervision or authority shall be
26 superimposed, or remain superimposed, between levels
27 prescribed under this Section, and no organizational
28 units may be created within the Transportation Division
29 except as prescribed under this Section.
30 (3) Additional Functions. Staff functions relating to
31 rulemaking, policy recommendations and advisory committees
32 under this Chapter and Chapter 18a shall be vested in the
33 Transportation Division.
34 The staff shall prepare and distribute to the General
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1 Assembly, in April of each year, a report on railway
2 accidents in Illinois which involve hazardous materials. The
3 report shall include the location, substance involved,
4 amounts involved, and the suspected reason for each accident.
5 The report shall also reveal the rail line and point of
6 origin of the hazardous material involved in each accident.
7 (Source: P.A. 88-415.)
8 Section 99. Effective date. This Act takes effect July
9 1, 1997.