Bill Text: IL HB5854 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-11-10 - Referred to Rules Committee [HB5854 Detail]

Download: Illinois-2019-HB5854-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5854

Introduced , 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.
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A BILL FOR

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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by changing
5Section 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
9staff of the Commission a Transportation Division in which
10primary staff responsibility for the administration and
11enforcement of this Chapter and Chapter 18a shall be vested.
12The Transportation Division shall be headed by a division
13manager responsible to the executive director.
14 (2) Structure. The Transportation Division shall consist
15of 4 programs and 2 offices. The 4 programs shall be
16Compliance, Review and Examination, Docketing and Processing,
17and Rail Safety. Each program shall be headed by a program
18director and responsible to the division manager, except that
19in the Compliance Program the 3 staff supervisors shall each be
20responsible to the division manager. The 2 offices shall be the
21Office of Transportation Counsel and the Office of the Division
22Manager. The Office of Transportation Counsel shall be headed
23by a Chief Counsel responsible to the Division Manager. The

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1Division Manager shall coordinate the activities and
2responsibilities of the Office of Transportation Counsel with
3the executive director and the personal assistant serving as
4staff counsel to the executive director in the office of the
5executive 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

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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

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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
18rulemaking, policy recommendations and advisory committees
19under this Chapter and Chapter 18a shall be vested in the
20Transportation Division.
21 The staff shall prepare and distribute to the General
22Assembly, in April of each year, a report on railway accidents
23in Illinois which involve hazardous materials. The report shall
24include the location, substance involved, amounts involved,
25and the suspected reason for each accident. The report shall
26also reveal the rail line and point of origin of the hazardous

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1material involved in each accident.
2 (4) The Transportation Division shall establish a
3statewide database of all towed vehicles. The database shall
4integrate with existing law enforcement databases. The
5database shall have a vehicle identification number validation
6feature to permit only valid vehicle identification numbers to
7be submitted to the database. The database shall include the
8name of the tow company that took possession of the vehicle.
9The database shall be available to the public. Before taking
10possession of a vehicle, a tow company shall submit
11electronically to the towed vehicle database the vehicle
12identification number and license plate number of the vehicle.
13A tow company that violates this subsection may not collect any
14fees related to the vehicle that is the subject of the
15violation. A tow company that commits a third violation of this
16subsection is subject to the revocation of its license.
17(Source: P.A. 88-415.)
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