IL
Illinois Senate Bill SB2108

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2108 Compare Versions

OldNewDifferences
1-SB2108 EngrossedLRB104 08359 LNS 18410 b SB2108 Engrossed LRB104 08359 LNS 18410 b
2- SB2108 Engrossed LRB104 08359 LNS 18410 b
1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2108 Introduced 2/7/2025, by Sen. Mike Porfirio SYNOPSIS AS INTRODUCED: 430 ILCS 5/3 from Ch. 96 1/2, par. 5603430 ILCS 30/2 from Ch. 95 1/2, par. 700-2430 ILCS 30/3 from Ch. 95 1/2, par. 700-3625 ILCS 5/1-115.05625 ILCS 5/18b-101 from Ch. 95 1/2, par. 18b-101625 ILCS 5/18b-102 from Ch. 95 1/2, par. 18b-102625 ILCS 5/18b-104 from Ch. 95 1/2, par. 18b-104625 ILCS 5/18b-104.1 new625 ILCS 5/18b-104.2 new625 ILCS 5/18b-106.2625 ILCS 5/18b-107 from Ch. 95 1/2, par. 18b-107625 ILCS 5/18b-109 from Ch. 95 1/2, par. 18b-109 Amends the Illinois Hazardous Materials Transportation Act and the Illinois Motor Carrier Safety Law of the Illinois Vehicle Code. Provides that the Illinois State Police (rather than the Department of Transportation) shall administer and enforce the Illinois Hazardous Materials Transportation Act and the Illinois Motor Carrier Safety Law of the Illinois Vehicle Code. Makes related changes. Sets forth provisions concerning personnel and material transfers and requires transferred personnel to receive a background check and any additional screening requirements established by the Department. Makes conforming changes to the Liquefied Petroleum Gas Regulation Act. Effective July 1, 2025. LRB104 08359 LNS 18410 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2108 Introduced 2/7/2025, by Sen. Mike Porfirio SYNOPSIS AS INTRODUCED: 430 ILCS 5/3 from Ch. 96 1/2, par. 5603430 ILCS 30/2 from Ch. 95 1/2, par. 700-2430 ILCS 30/3 from Ch. 95 1/2, par. 700-3625 ILCS 5/1-115.05625 ILCS 5/18b-101 from Ch. 95 1/2, par. 18b-101625 ILCS 5/18b-102 from Ch. 95 1/2, par. 18b-102625 ILCS 5/18b-104 from Ch. 95 1/2, par. 18b-104625 ILCS 5/18b-104.1 new625 ILCS 5/18b-104.2 new625 ILCS 5/18b-106.2625 ILCS 5/18b-107 from Ch. 95 1/2, par. 18b-107625 ILCS 5/18b-109 from Ch. 95 1/2, par. 18b-109 430 ILCS 5/3 from Ch. 96 1/2, par. 5603 430 ILCS 30/2 from Ch. 95 1/2, par. 700-2 430 ILCS 30/3 from Ch. 95 1/2, par. 700-3 625 ILCS 5/1-115.05 625 ILCS 5/18b-101 from Ch. 95 1/2, par. 18b-101 625 ILCS 5/18b-102 from Ch. 95 1/2, par. 18b-102 625 ILCS 5/18b-104 from Ch. 95 1/2, par. 18b-104 625 ILCS 5/18b-104.1 new 625 ILCS 5/18b-104.2 new 625 ILCS 5/18b-106.2 625 ILCS 5/18b-107 from Ch. 95 1/2, par. 18b-107 625 ILCS 5/18b-109 from Ch. 95 1/2, par. 18b-109 Amends the Illinois Hazardous Materials Transportation Act and the Illinois Motor Carrier Safety Law of the Illinois Vehicle Code. Provides that the Illinois State Police (rather than the Department of Transportation) shall administer and enforce the Illinois Hazardous Materials Transportation Act and the Illinois Motor Carrier Safety Law of the Illinois Vehicle Code. Makes related changes. Sets forth provisions concerning personnel and material transfers and requires transferred personnel to receive a background check and any additional screening requirements established by the Department. Makes conforming changes to the Liquefied Petroleum Gas Regulation Act. Effective July 1, 2025. LRB104 08359 LNS 18410 b LRB104 08359 LNS 18410 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2108 Introduced 2/7/2025, by Sen. Mike Porfirio SYNOPSIS AS INTRODUCED:
3+430 ILCS 5/3 from Ch. 96 1/2, par. 5603430 ILCS 30/2 from Ch. 95 1/2, par. 700-2430 ILCS 30/3 from Ch. 95 1/2, par. 700-3625 ILCS 5/1-115.05625 ILCS 5/18b-101 from Ch. 95 1/2, par. 18b-101625 ILCS 5/18b-102 from Ch. 95 1/2, par. 18b-102625 ILCS 5/18b-104 from Ch. 95 1/2, par. 18b-104625 ILCS 5/18b-104.1 new625 ILCS 5/18b-104.2 new625 ILCS 5/18b-106.2625 ILCS 5/18b-107 from Ch. 95 1/2, par. 18b-107625 ILCS 5/18b-109 from Ch. 95 1/2, par. 18b-109 430 ILCS 5/3 from Ch. 96 1/2, par. 5603 430 ILCS 30/2 from Ch. 95 1/2, par. 700-2 430 ILCS 30/3 from Ch. 95 1/2, par. 700-3 625 ILCS 5/1-115.05 625 ILCS 5/18b-101 from Ch. 95 1/2, par. 18b-101 625 ILCS 5/18b-102 from Ch. 95 1/2, par. 18b-102 625 ILCS 5/18b-104 from Ch. 95 1/2, par. 18b-104 625 ILCS 5/18b-104.1 new 625 ILCS 5/18b-104.2 new 625 ILCS 5/18b-106.2 625 ILCS 5/18b-107 from Ch. 95 1/2, par. 18b-107 625 ILCS 5/18b-109 from Ch. 95 1/2, par. 18b-109
4+430 ILCS 5/3 from Ch. 96 1/2, par. 5603
5+430 ILCS 30/2 from Ch. 95 1/2, par. 700-2
6+430 ILCS 30/3 from Ch. 95 1/2, par. 700-3
7+625 ILCS 5/1-115.05
8+625 ILCS 5/18b-101 from Ch. 95 1/2, par. 18b-101
9+625 ILCS 5/18b-102 from Ch. 95 1/2, par. 18b-102
10+625 ILCS 5/18b-104 from Ch. 95 1/2, par. 18b-104
11+625 ILCS 5/18b-104.1 new
12+625 ILCS 5/18b-104.2 new
13+625 ILCS 5/18b-106.2
14+625 ILCS 5/18b-107 from Ch. 95 1/2, par. 18b-107
15+625 ILCS 5/18b-109 from Ch. 95 1/2, par. 18b-109
16+Amends the Illinois Hazardous Materials Transportation Act and the Illinois Motor Carrier Safety Law of the Illinois Vehicle Code. Provides that the Illinois State Police (rather than the Department of Transportation) shall administer and enforce the Illinois Hazardous Materials Transportation Act and the Illinois Motor Carrier Safety Law of the Illinois Vehicle Code. Makes related changes. Sets forth provisions concerning personnel and material transfers and requires transferred personnel to receive a background check and any additional screening requirements established by the Department. Makes conforming changes to the Liquefied Petroleum Gas Regulation Act. Effective July 1, 2025.
17+LRB104 08359 LNS 18410 b LRB104 08359 LNS 18410 b
18+ LRB104 08359 LNS 18410 b
19+A BILL FOR
20+SB2108LRB104 08359 LNS 18410 b SB2108 LRB104 08359 LNS 18410 b
21+ SB2108 LRB104 08359 LNS 18410 b
322 1 AN ACT concerning transportation.
423 2 Be it enacted by the People of the State of Illinois,
524 3 represented in the General Assembly:
6-4 Section 2. The Illinois State Police Law of the Civil
7-5 Administrative Code of Illinois is amended by adding Section
8-6 2605-625 as follows:
9-7 (20 ILCS 2605/2605-625 new)
10-8 Sec. 2605-625. Technical managers workforce goals and
11-9 report.
12-10 (a) By August 1 of each calendar year, the Illinois State
13-11 Police shall make a report in writing to the Governor and the
14-12 General Assembly, stating in detail the Illinois State
15-13 Police's efforts in the prior fiscal year to fill open
16-14 technical manager positions.
17-15 (b) The report shall include:
18-16 (1) The total number of technical manager positions
19-17 within the Illinois State Police for the previous fiscal
20-18 year.
21-19 (2) The number of technical manager positions that
22-20 were unfilled at any point during the previous fiscal
23-21 year.
24-22 (3) The duration of time each technical manager
25-23 position remained unfilled.
25+4 Section 5. The Liquefied Petroleum Gas Regulation Act is
26+5 amended by changing Section 3 as follows:
27+6 (430 ILCS 5/3) (from Ch. 96 1/2, par. 5603)
28+7 Sec. 3. The Office of the State Fire Marshal has power to
29+8 make, adopt and enforce rules and regulations governing the
30+9 storing, transporting as cargo, selling, dispensing or use of
31+10 liquefied petroleum gases for purposes other than as a
32+11 propellant fuel in school buses, except as otherwise regulated
33+12 by the Illinois State Police Department of Transportation
34+13 under the provisions of the "Illinois Hazardous Materials
35+14 Transportation Act", approved August 26, 1977, as amended.
36+15 Rules and regulations adopted under this Section shall be in
37+16 substantial conformity with the generally accepted standards
38+17 of safety concerning the same subject matter. Rules and
39+18 regulations in substantial conformity with the published
40+19 Standards of the National Fire Protection Association for the
41+20 Storage and Handling of Liquefied Petroleum Gases and with the
42+21 published Recommended Good Practice Rules for Liquefied
43+22 Petroleum Gas Piping and Appliance Installations in Buildings
44+23 as recommended by the National Fire Protection Association,
2645
2746
2847
29- SB2108 Engrossed LRB104 08359 LNS 18410 b
30-
31-
32-SB2108 Engrossed- 2 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 2 - LRB104 08359 LNS 18410 b
33- SB2108 Engrossed - 2 - LRB104 08359 LNS 18410 b
34-1 (4) The number of technical manager positions filled
35-2 during the previous fiscal year.
36-3 (5) A detailed report of any recruitment efforts or
37-4 initiatives undertaken to fill technical manager
38-5 positions.
39-6 (c) The Illinois State Police shall establish and maintain
40-7 a goal of filling at least 85% of all authorized and budgeted
41-8 technical manager positions within the Illinois State Police
42-9 in each fiscal year.
43-10 (d) The General Assembly shall review the report and may
44-11 request additional information or hold hearings regarding the
45-12 Illinois State Police's staffing levels, recruitment
46-13 strategies, and efforts to meet the 85% workforce goal.
47-14 Section 4. The State Finance Act is amended by changing
48-15 Section 6z-82 as follows:
49-16 (30 ILCS 105/6z-82)
50-17 Sec. 6z-82. State Police Operations Assistance Fund.
51-18 (a) There is created in the State treasury a special fund
52-19 known as the State Police Operations Assistance Fund. The Fund
53-20 shall receive revenue under the Criminal and Traffic
54-21 Assessment Act, the Illinois Hazardous Materials
55-22 Transportation Act, and the Illinois Motor Carrier Safety Law.
56-23 The Fund may also receive revenue from grants, donations,
57-24 appropriations, and any other legal source.
48+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2108 Introduced 2/7/2025, by Sen. Mike Porfirio SYNOPSIS AS INTRODUCED:
49+430 ILCS 5/3 from Ch. 96 1/2, par. 5603430 ILCS 30/2 from Ch. 95 1/2, par. 700-2430 ILCS 30/3 from Ch. 95 1/2, par. 700-3625 ILCS 5/1-115.05625 ILCS 5/18b-101 from Ch. 95 1/2, par. 18b-101625 ILCS 5/18b-102 from Ch. 95 1/2, par. 18b-102625 ILCS 5/18b-104 from Ch. 95 1/2, par. 18b-104625 ILCS 5/18b-104.1 new625 ILCS 5/18b-104.2 new625 ILCS 5/18b-106.2625 ILCS 5/18b-107 from Ch. 95 1/2, par. 18b-107625 ILCS 5/18b-109 from Ch. 95 1/2, par. 18b-109 430 ILCS 5/3 from Ch. 96 1/2, par. 5603 430 ILCS 30/2 from Ch. 95 1/2, par. 700-2 430 ILCS 30/3 from Ch. 95 1/2, par. 700-3 625 ILCS 5/1-115.05 625 ILCS 5/18b-101 from Ch. 95 1/2, par. 18b-101 625 ILCS 5/18b-102 from Ch. 95 1/2, par. 18b-102 625 ILCS 5/18b-104 from Ch. 95 1/2, par. 18b-104 625 ILCS 5/18b-104.1 new 625 ILCS 5/18b-104.2 new 625 ILCS 5/18b-106.2 625 ILCS 5/18b-107 from Ch. 95 1/2, par. 18b-107 625 ILCS 5/18b-109 from Ch. 95 1/2, par. 18b-109
50+430 ILCS 5/3 from Ch. 96 1/2, par. 5603
51+430 ILCS 30/2 from Ch. 95 1/2, par. 700-2
52+430 ILCS 30/3 from Ch. 95 1/2, par. 700-3
53+625 ILCS 5/1-115.05
54+625 ILCS 5/18b-101 from Ch. 95 1/2, par. 18b-101
55+625 ILCS 5/18b-102 from Ch. 95 1/2, par. 18b-102
56+625 ILCS 5/18b-104 from Ch. 95 1/2, par. 18b-104
57+625 ILCS 5/18b-104.1 new
58+625 ILCS 5/18b-104.2 new
59+625 ILCS 5/18b-106.2
60+625 ILCS 5/18b-107 from Ch. 95 1/2, par. 18b-107
61+625 ILCS 5/18b-109 from Ch. 95 1/2, par. 18b-109
62+Amends the Illinois Hazardous Materials Transportation Act and the Illinois Motor Carrier Safety Law of the Illinois Vehicle Code. Provides that the Illinois State Police (rather than the Department of Transportation) shall administer and enforce the Illinois Hazardous Materials Transportation Act and the Illinois Motor Carrier Safety Law of the Illinois Vehicle Code. Makes related changes. Sets forth provisions concerning personnel and material transfers and requires transferred personnel to receive a background check and any additional screening requirements established by the Department. Makes conforming changes to the Liquefied Petroleum Gas Regulation Act. Effective July 1, 2025.
63+LRB104 08359 LNS 18410 b LRB104 08359 LNS 18410 b
64+ LRB104 08359 LNS 18410 b
65+A BILL FOR
5866
5967
6068
6169
6270
63- SB2108 Engrossed - 2 - LRB104 08359 LNS 18410 b
71+430 ILCS 5/3 from Ch. 96 1/2, par. 5603
72+430 ILCS 30/2 from Ch. 95 1/2, par. 700-2
73+430 ILCS 30/3 from Ch. 95 1/2, par. 700-3
74+625 ILCS 5/1-115.05
75+625 ILCS 5/18b-101 from Ch. 95 1/2, par. 18b-101
76+625 ILCS 5/18b-102 from Ch. 95 1/2, par. 18b-102
77+625 ILCS 5/18b-104 from Ch. 95 1/2, par. 18b-104
78+625 ILCS 5/18b-104.1 new
79+625 ILCS 5/18b-104.2 new
80+625 ILCS 5/18b-106.2
81+625 ILCS 5/18b-107 from Ch. 95 1/2, par. 18b-107
82+625 ILCS 5/18b-109 from Ch. 95 1/2, par. 18b-109
6483
6584
66-SB2108 Engrossed- 3 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 3 - LRB104 08359 LNS 18410 b
67- SB2108 Engrossed - 3 - LRB104 08359 LNS 18410 b
68-1 (a-5) This Fund may charge, collect, and receive fees or
69-2 moneys as described in Section 15-312 of the Illinois Vehicle
70-3 Code and receive all fees received by the Illinois State
71-4 Police under that Section. The moneys shall be used by the
72-5 Illinois State Police for its expenses in providing police
73-6 escorts and commercial vehicle enforcement activities.
74-7 (b) The Illinois State Police may use moneys in the Fund to
75-8 finance any of its lawful purposes or functions.
76-9 (c) Expenditures may be made from the Fund only as
77-10 appropriated by the General Assembly by law.
78-11 (d) Investment income that is attributable to the
79-12 investment of moneys in the Fund shall be retained in the Fund
80-13 for the uses specified in this Section.
81-14 (e) The State Police Operations Assistance Fund shall not
82-15 be subject to administrative chargebacks.
83-16 (f) (Blank).
84-17 (g) (Blank).
85-18 (h) (Blank). June 9, 2023 (Public Act 103-34)
86-19 (Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21;
87-20 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-34, eff.
88-21 6-9-23; 103-363, eff. 7-28-23; 103-605, eff. 7-1-24; 103-616,
89-22 eff. 7-1-24; revised 7-23-24.)
90-23 Section 5. The Liquefied Petroleum Gas Regulation Act is
91-24 amended by changing Section 3 as follows:
85+
86+ LRB104 08359 LNS 18410 b
9287
9388
9489
9590
9691
97- SB2108 Engrossed - 3 - LRB104 08359 LNS 18410 b
9892
9993
100-SB2108 Engrossed- 4 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 4 - LRB104 08359 LNS 18410 b
101- SB2108 Engrossed - 4 - LRB104 08359 LNS 18410 b
102-1 (430 ILCS 5/3) (from Ch. 96 1/2, par. 5603)
103-2 Sec. 3. The Office of the State Fire Marshal has power to
104-3 make, adopt and enforce rules and regulations governing the
105-4 storing, transporting as cargo, selling, dispensing or use of
106-5 liquefied petroleum gases for purposes other than as a
107-6 propellant fuel in school buses, except as otherwise regulated
108-7 by the Illinois State Police Department of Transportation
109-8 under the provisions of the "Illinois Hazardous Materials
110-9 Transportation Act", approved August 26, 1977, as amended.
111-10 Rules and regulations adopted under this Section shall be in
112-11 substantial conformity with the generally accepted standards
113-12 of safety concerning the same subject matter. Rules and
114-13 regulations in substantial conformity with the published
115-14 Standards of the National Fire Protection Association for the
116-15 Storage and Handling of Liquefied Petroleum Gases and with the
117-16 published Recommended Good Practice Rules for Liquefied
118-17 Petroleum Gas Piping and Appliance Installations in Buildings
119-18 as recommended by the National Fire Protection Association,
120-19 shall be considered in substantial conformity with the
121-20 generally accepted standards of safety. No municipality or
122-21 other political subdivision shall enforce any ordinance or
123-22 regulation in conflict with this Act or with the regulations
124-23 promulgated under this Section, except in the location and
125-24 operation of liquefied petroleum gas bulk plants and storage
126-25 systems of over 1200 gallon capacity.
127-26 (Source: P.A. 83-1362.)
94+
95+
96+ SB2108 LRB104 08359 LNS 18410 b
97+
98+
99+SB2108- 2 -LRB104 08359 LNS 18410 b SB2108 - 2 - LRB104 08359 LNS 18410 b
100+ SB2108 - 2 - LRB104 08359 LNS 18410 b
101+1 shall be considered in substantial conformity with the
102+2 generally accepted standards of safety. No municipality or
103+3 other political subdivision shall enforce any ordinance or
104+4 regulation in conflict with this Act or with the regulations
105+5 promulgated under this Section, except in the location and
106+6 operation of liquefied petroleum gas bulk plants and storage
107+7 systems of over 1200 gallon capacity.
108+8 (Source: P.A. 83-1362.)
109+9 Section 10. The Illinois Hazardous Materials
110+10 Transportation Act is amended by changing Sections 2 and 3 as
111+11 follows:
112+12 (430 ILCS 30/2) (from Ch. 95 1/2, par. 700-2)
113+13 Sec. 2. It is the finding of the General Assembly that
114+14 hazardous materials are essential for various industrial,
115+15 commercial and other purposes; that their transportation is a
116+16 necessary incident to their use; and that such transportation
117+17 is required for the employment and economic prosperity of the
118+18 People of the State of Illinois.
119+19 It is therefore declared to be the policy of the General
120+20 Assembly to improve the regulatory and enforcement authority
121+21 of the Illinois State Police Department of Transportation to
122+22 protect the People of the State of Illinois against the risk to
123+23 life and property inherent in the transportation of hazardous
124+24 materials over highways by keeping such risk to a minimum
128125
129126
130127
131128
132129
133- SB2108 Engrossed - 4 - LRB104 08359 LNS 18410 b
130+ SB2108 - 2 - LRB104 08359 LNS 18410 b
134131
135132
136-SB2108 Engrossed- 5 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 5 - LRB104 08359 LNS 18410 b
137- SB2108 Engrossed - 5 - LRB104 08359 LNS 18410 b
138-1 Section 10. The Illinois Hazardous Materials
139-2 Transportation Act is amended by changing Sections 2, 3, and
140-3 11 as follows:
141-4 (430 ILCS 30/2) (from Ch. 95 1/2, par. 700-2)
142-5 Sec. 2. It is the finding of the General Assembly that
143-6 hazardous materials are essential for various industrial,
144-7 commercial and other purposes; that their transportation is a
145-8 necessary incident to their use; and that such transportation
146-9 is required for the employment and economic prosperity of the
147-10 People of the State of Illinois.
148-11 It is therefore declared to be the policy of the General
149-12 Assembly to improve the regulatory and enforcement authority
150-13 of the Illinois State Police Department of Transportation to
151-14 protect the People of the State of Illinois against the risk to
152-15 life and property inherent in the transportation of hazardous
153-16 materials over highways by keeping such risk to a minimum
154-17 consistent with technical feasibility and economic
155-18 reasonableness.
156-19 It is not the intent of the General Assembly to regulate
157-20 the movement of hazardous materials in such quantities that
158-21 would not pose a substantial danger to the public health and
159-22 safety, such as fuels, fertilizer and agricultural chemicals
160-23 while being used in a normal farming operation or in transit to
161-24 the farm.
133+SB2108- 3 -LRB104 08359 LNS 18410 b SB2108 - 3 - LRB104 08359 LNS 18410 b
134+ SB2108 - 3 - LRB104 08359 LNS 18410 b
135+1 consistent with technical feasibility and economic
136+2 reasonableness.
137+3 It is not the intent of the General Assembly to regulate
138+4 the movement of hazardous materials in such quantities that
139+5 would not pose a substantial danger to the public health and
140+6 safety, such as fuels, fertilizer and agricultural chemicals
141+7 while being used in a normal farming operation or in transit to
142+8 the farm.
143+9 (Source: P.A. 80-351.)
144+10 (430 ILCS 30/3) (from Ch. 95 1/2, par. 700-3)
145+11 Sec. 3. Unless the context otherwise clearly requires, as
146+12 used in this Act:
147+13 "Commerce" means trade, traffic, commerce or
148+14 transportation within the State;
149+15 "Department" means the Illinois State Police Department of
150+16 Transportation;
151+17 "Discharge" means leakage, seepage, or other release;
152+18 "Hazardous material" means a substance or material in a
153+19 quantity and form determined by the United States Department
154+20 of Transportation to be capable of posing an unreasonable risk
155+21 to health and safety or property when transported in commerce;
156+22 "Knowingly" means a person has actual knowledge of the
157+23 facts giving rise to the violation or a reasonable person
158+24 acting in the circumstances and exercising due care would have
159+25 such knowledge;
162160
163161
164162
165163
166164
167- SB2108 Engrossed - 5 - LRB104 08359 LNS 18410 b
165+ SB2108 - 3 - LRB104 08359 LNS 18410 b
168166
169167
170-SB2108 Engrossed- 6 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 6 - LRB104 08359 LNS 18410 b
171- SB2108 Engrossed - 6 - LRB104 08359 LNS 18410 b
172-1 (Source: P.A. 80-351.)
173-2 (430 ILCS 30/3) (from Ch. 95 1/2, par. 700-3)
174-3 Sec. 3. Unless the context otherwise clearly requires, as
175-4 used in this Act:
176-5 "Commerce" means trade, traffic, commerce or
177-6 transportation within the State;
178-7 "Department" means the Illinois State Police Department of
179-8 Transportation;
180-9 "Discharge" means leakage, seepage, or other release;
181-10 "Hazardous material" means a substance or material in a
182-11 quantity and form determined by the United States Department
183-12 of Transportation to be capable of posing an unreasonable risk
184-13 to health and safety or property when transported in commerce;
185-14 "Knowingly" means a person has actual knowledge of the
186-15 facts giving rise to the violation or a reasonable person
187-16 acting in the circumstances and exercising due care would have
188-17 such knowledge;
189-18 "Law Enforcement Officials" means the Illinois State
190-19 Police or any duly authorized employees of a local
191-20 governmental agency who are primarily responsible for
192-21 prevention or detection of crime and enforcement of the
193-22 criminal code and the highway and traffic laws of this State or
194-23 any political subdivision of such State;
195-24 "Local road" means any State or local highway except for
196-25 (i) a highway with 4 or more lanes, or (ii) an interstate
168+SB2108- 4 -LRB104 08359 LNS 18410 b SB2108 - 4 - LRB104 08359 LNS 18410 b
169+ SB2108 - 4 - LRB104 08359 LNS 18410 b
170+1 "Law Enforcement Officials" means the Illinois State
171+2 Police or any duly authorized employees of a local
172+3 governmental agency who are primarily responsible for
173+4 prevention or detection of crime and enforcement of the
174+5 criminal code and the highway and traffic laws of this State or
175+6 any political subdivision of such State;
176+7 "Local road" means any State or local highway except for
177+8 (i) a highway with 4 or more lanes, or (ii) an interstate
178+9 highway.
179+10 "Person" means any natural person or individual,
180+11 governmental body, firm, association, partnership,
181+12 copartnership, joint venture, company, corporation, joint
182+13 stock company, trust, estate or any other legal entity or
183+14 their legal representative, agent or assigns;
184+15 "Transports" or "transportation" means any movement of
185+16 property over the highway and any loading, unloading or
186+17 storage incidental to such movement.
187+18 (Source: P.A. 102-513, eff. 8-20-21.)
188+19 Section 15. The Illinois Vehicle Code is amended by
189+20 changing Sections 1-115.05, 18b-101, 18b-102, 18b-104,
190+21 18b-106.2, 18b-107, and 18b-109 and by adding Sections
191+22 18b-104.1 and 18b-104.2 as follows:
192+23 (625 ILCS 5/1-115.05)
193+24 Sec. 1-115.05. Department. The Department of
197194
198195
199196
200197
201198
202- SB2108 Engrossed - 6 - LRB104 08359 LNS 18410 b
199+ SB2108 - 4 - LRB104 08359 LNS 18410 b
203200
204201
205-SB2108 Engrossed- 7 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 7 - LRB104 08359 LNS 18410 b
206- SB2108 Engrossed - 7 - LRB104 08359 LNS 18410 b
207-1 highway.
208-2 "Person" means any natural person or individual,
209-3 governmental body, firm, association, partnership,
210-4 copartnership, joint venture, company, corporation, joint
211-5 stock company, trust, estate or any other legal entity or
212-6 their legal representative, agent or assigns;
213-7 "Transports" or "transportation" means any movement of
214-8 property over the highway and any loading, unloading or
215-9 storage incidental to such movement.
216-10 (Source: P.A. 102-513, eff. 8-20-21.)
217-11 (430 ILCS 30/11) (from Ch. 95 1/2, par. 700-11)
218-12 Sec. 11. Any person who is determined by the Department
219-13 after reasonable notice and opportunity for a fair and
220-14 impartial hearing to have knowingly committed an act that is a
221-15 violation of this Act or any rule or regulation issued under
222-16 this Act is liable to the State for a civil penalty. Whoever
223-17 knowingly commits an act that is a violation of any rule or
224-18 regulation applicable to any person who transports or ships or
225-19 causes to be transported or shipped hazardous materials is
226-20 subject to a civil penalty of not more than $10,000 for such
227-21 violation and, if any such violation is a continuing one, each
228-22 day of violation constitutes a separate offense. The amount of
229-23 any such penalty shall be assessed by the Department by a
230-24 written notice. In determining the amount of such penalty, the
231-25 Department shall take into account the nature, circumstances,
202+SB2108- 5 -LRB104 08359 LNS 18410 b SB2108 - 5 - LRB104 08359 LNS 18410 b
203+ SB2108 - 5 - LRB104 08359 LNS 18410 b
204+1 Transportation of the State of Illinois, acting directly or
205+2 through its duly authorized officers and agents, except that:
206+3 (i) in Chapter 5 and Articles X and XI of Chapter 3 of this
207+4 Code, "Department" means the Department of Revenue of the
208+5 State of Illinois; and (ii) in Chapter 18B, "Department" means
209+6 the Illinois State Police.
210+7 (Source: P.A. 90-89, eff. 1-1-98.)
211+8 (625 ILCS 5/18b-101) (from Ch. 95 1/2, par. 18b-101)
212+9 Sec. 18b-101. Definitions. Unless the context otherwise
213+10 clearly requires, as used in this Chapter:
214+11 "Agricultural commodities" means any agricultural
215+12 commodity, non-processed food, feed, fiber, or livestock,
216+13 including insects.
217+14 "Agricultural operations" means the operation of a motor
218+15 vehicle or combination of vehicles transporting agricultural
219+16 commodities or farm supplies for agricultural purposes.
220+17 "Air mile" means a nautical mile, which is equivalent to
221+18 6,076 feet or 1,852 meters. Accordingly, 100 air miles are
222+19 equivalent to 115.08 statute miles or 185.2 kilometers.
223+20 "Commercial motor vehicle" means any self propelled or
224+21 towed vehicle used on public highways in interstate and
225+22 intrastate commerce to transport passengers or property when
226+23 the vehicle has a gross vehicle weight, a gross vehicle weight
227+24 rating, a gross combination weight, or a gross combination
228+25 weight rating of 10,001 or more pounds; or the vehicle is used
232229
233230
234231
235232
236233
237- SB2108 Engrossed - 7 - LRB104 08359 LNS 18410 b
234+ SB2108 - 5 - LRB104 08359 LNS 18410 b
238235
239236
240-SB2108 Engrossed- 8 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 8 - LRB104 08359 LNS 18410 b
241- SB2108 Engrossed - 8 - LRB104 08359 LNS 18410 b
242-1 extent and gravity of the violation and, with respect to a
243-2 person found to have committed such violation, the degree of
244-3 culpability, history of prior offenses, ability to pay, effect
245-4 on ability to continue to do business and such other matters as
246-5 justice may require.
247-6 Such civil penalty is recoverable in an action brought by
248-7 the State's Attorney or the Attorney General on behalf of the
249-8 State in the circuit court or, prior to referral to the State's
250-9 Attorney or the Attorney General, such civil penalty may be
251-10 compromised by the Department. The amount of such penalty when
252-11 finally determined (or agreed upon in compromise), may be
253-12 deducted from any sums owed by the State to the person charged.
254-13 All civil penalties collected under this Section shall be
255-14 deposited in the State Police Operations Assistance Road Fund.
256-15 (Source: P.A. 80-351.)
257-16 Section 15. The Illinois Vehicle Code is amended by
258-17 changing Sections 1-115.05, 18b-101, 18b-102, 18b-104,
259-18 18b-106.2, 18b-107, and 18b-109 and by adding Sections
260-19 18b-104.1 and 18b-104.2 as follows:
261-20 (625 ILCS 5/1-115.05)
262-21 Sec. 1-115.05. Department. The Department of
263-22 Transportation of the State of Illinois, acting directly or
264-23 through its duly authorized officers and agents, except that:
265-24 (i) in Chapter 5 and Articles X and XI of Chapter 3 of this
237+SB2108- 6 -LRB104 08359 LNS 18410 b SB2108 - 6 - LRB104 08359 LNS 18410 b
238+ SB2108 - 6 - LRB104 08359 LNS 18410 b
239+1 or designed to transport more than 15 passengers, including
240+2 the driver; or the vehicle is designed to carry 15 or fewer
241+3 passengers and is operated by a contract carrier transporting
242+4 employees in the course of their employment on a highway of
243+5 this State; or the vehicle is used or designed to transport
244+6 between 9 and 15 passengers, including the driver, for direct
245+7 compensation; or the vehicle is used in the transportation of
246+8 hazardous materials in a quantity requiring placarding under
247+9 the Illinois Hazardous Materials Transportation Act. This
248+10 definition shall not include farm machinery, fertilizer
249+11 spreaders, and other special agricultural movement equipment
250+12 described in Section 3-809 nor implements of husbandry as
251+13 defined in Section 1-130.
252+14 "Covered farm vehicle", for purposes of this Chapter and
253+15 rule-making under this Chapter, means a straight truck or
254+16 articulated vehicle, excluding vehicles transporting hazardous
255+17 materials of a type or quantity that requires the vehicle to be
256+18 placarded in accordance with the Illinois Hazardous Materials
257+19 Transportation Act, registered in this State or another state
258+20 and equipped with a special license plate or other designation
259+21 by the state in which the vehicle is registered identifying
260+22 the vehicle as a covered farm vehicle for law enforcement
261+23 personnel and:
262+24 (1) is operated by a farm or ranch owner or operator,
263+25 or an employee or family member of the farm or ranch owner
264+26 or operator; and
266265
267266
268267
269268
270269
271- SB2108 Engrossed - 8 - LRB104 08359 LNS 18410 b
270+ SB2108 - 6 - LRB104 08359 LNS 18410 b
272271
273272
274-SB2108 Engrossed- 9 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 9 - LRB104 08359 LNS 18410 b
275- SB2108 Engrossed - 9 - LRB104 08359 LNS 18410 b
276-1 Code, "Department" means the Department of Revenue of the
277-2 State of Illinois; and (ii) in Chapter 18B, "Department" means
278-3 the Illinois State Police.
279-4 (Source: P.A. 90-89, eff. 1-1-98.)
280-5 (625 ILCS 5/18b-101) (from Ch. 95 1/2, par. 18b-101)
281-6 Sec. 18b-101. Definitions. Unless the context otherwise
282-7 clearly requires, as used in this Chapter:
283-8 "Agricultural commodities" means any agricultural
284-9 commodity, non-processed food, feed, fiber, or livestock,
285-10 including insects.
286-11 "Agricultural operations" means the operation of a motor
287-12 vehicle or combination of vehicles transporting agricultural
288-13 commodities or farm supplies for agricultural purposes.
289-14 "Air mile" means a nautical mile, which is equivalent to
290-15 6,076 feet or 1,852 meters. Accordingly, 100 air miles are
291-16 equivalent to 115.08 statute miles or 185.2 kilometers.
292-17 "Commercial motor vehicle" means any self propelled or
293-18 towed vehicle used on public highways in interstate and
294-19 intrastate commerce to transport passengers or property when
295-20 the vehicle has a gross vehicle weight, a gross vehicle weight
296-21 rating, a gross combination weight, or a gross combination
297-22 weight rating of 10,001 or more pounds; or the vehicle is used
298-23 or designed to transport more than 15 passengers, including
299-24 the driver; or the vehicle is designed to carry 15 or fewer
300-25 passengers and is operated by a contract carrier transporting
273+SB2108- 7 -LRB104 08359 LNS 18410 b SB2108 - 7 - LRB104 08359 LNS 18410 b
274+ SB2108 - 7 - LRB104 08359 LNS 18410 b
275+1 (2) is being used to transport the following to or
276+2 from a farm or ranch:
277+3 (A) agricultural commodities;
278+4 (B) livestock; or
279+5 (C) machinery or supplies; and
280+6 (3) if registered in this State, is:
281+7 (A) registered as a farm truck under subsection
282+8 (c) of Section 3-815 of this Code; or
283+9 (B) operated in combination as an articulated
284+10 vehicle when the truck in the combination is
285+11 registered for 12,000 lbs. or less as a covered farm
286+12 vehicle under subsections (a) and (a-5) of Section
287+13 3-815 of this Code or subsection (a) of Section 3-818
288+14 of this Code and contains in the cab of the motor
289+15 vehicle a registration designating the vehicle as a
290+16 covered farm vehicle under subsections (a) and (a-5)
291+17 of Section 3-815 of this Code and the trailer in the
292+18 combination is registered as a farm trailer under
293+19 subsection (a) of Section 3-819 of this Code and
294+20 displays a farm registration license plate; or
295+21 (C) a truck registered for 12,000 lbs. or less as a
296+22 covered farm vehicle under subsections (a) and (a-5)
297+23 of Section 3-815 of this Code or subsection (a) of
298+24 Section 3-818 of this Code containing in the cab of the
299+25 motor vehicle a registration designating the vehicle
300+26 as a covered farm vehicle under subsections (a) and
301301
302302
303303
304304
305305
306- SB2108 Engrossed - 9 - LRB104 08359 LNS 18410 b
306+ SB2108 - 7 - LRB104 08359 LNS 18410 b
307307
308308
309-SB2108 Engrossed- 10 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 10 - LRB104 08359 LNS 18410 b
310- SB2108 Engrossed - 10 - LRB104 08359 LNS 18410 b
311-1 employees in the course of their employment on a highway of
312-2 this State; or the vehicle is used or designed to transport
313-3 between 9 and 15 passengers, including the driver, for direct
314-4 compensation; or the vehicle is used in the transportation of
315-5 hazardous materials in a quantity requiring placarding under
316-6 the Illinois Hazardous Materials Transportation Act. This
317-7 definition shall not include farm machinery, fertilizer
318-8 spreaders, and other special agricultural movement equipment
319-9 described in Section 3-809 nor implements of husbandry as
320-10 defined in Section 1-130.
321-11 "Covered farm vehicle", for purposes of this Chapter and
322-12 rule-making under this Chapter, means a straight truck or
323-13 articulated vehicle, excluding vehicles transporting hazardous
324-14 materials of a type or quantity that requires the vehicle to be
325-15 placarded in accordance with the Illinois Hazardous Materials
326-16 Transportation Act, registered in this State or another state
327-17 and equipped with a special license plate or other designation
328-18 by the state in which the vehicle is registered identifying
329-19 the vehicle as a covered farm vehicle for law enforcement
330-20 personnel and:
331-21 (1) is operated by a farm or ranch owner or operator,
332-22 or an employee or family member of the farm or ranch owner
333-23 or operator; and
334-24 (2) is being used to transport the following to or
335-25 from a farm or ranch:
336-26 (A) agricultural commodities;
309+SB2108- 8 -LRB104 08359 LNS 18410 b SB2108 - 8 - LRB104 08359 LNS 18410 b
310+ SB2108 - 8 - LRB104 08359 LNS 18410 b
311+1 (a-5) of Section 3-815 of this Code that is towing an
312+2 implement of husbandry as part of a farming operation;
313+3 and
314+4 (4) is not used in for-hire motor carrier operations;
315+5 however, for-hire motor carrier operations do not include
316+6 the operation of a vehicle meeting the definition of a
317+7 covered farm vehicle by a tenant pursuant to a crop share
318+8 farm lease agreement to transport the landlord's portion
319+9 of the crops under that agreement; and
320+10 (5) has a gross vehicle weight rating (GVWR), a gross
321+11 combination weight rating (GCWR), or a gross vehicle
322+12 weight or gross vehicle combination weight, whichever is
323+13 greater, that is:
324+14 (A) 26,001 lbs. or less, for vehicles operating in
325+15 interstate commerce; or
326+16 (B) greater than 26,001 lbs., operating in
327+17 interstate commerce and registered in this State; or
328+18 (C) greater than 26,001 lbs. and traveling
329+19 interstate within 150 air miles of the farm or ranch
330+20 for which the vehicle is being operated, regardless of
331+21 whether it is registered in this State; or
332+22 (D) greater than 10,000 lbs. and traveling
333+23 intrastate.
334+24 "Department" means the Illinois State Police.
335+25 "Direct compensation" means payment made to the motor
336+26 carrier by the passengers or a person acting on behalf of the
337337
338338
339339
340340
341341
342- SB2108 Engrossed - 10 - LRB104 08359 LNS 18410 b
342+ SB2108 - 8 - LRB104 08359 LNS 18410 b
343343
344344
345-SB2108 Engrossed- 11 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 11 - LRB104 08359 LNS 18410 b
346- SB2108 Engrossed - 11 - LRB104 08359 LNS 18410 b
347-1 (B) livestock; or
348-2 (C) machinery or supplies; and
349-3 (3) if registered in this State, is:
350-4 (A) registered as a farm truck under subsection
351-5 (c) of Section 3-815 of this Code; or
352-6 (B) operated in combination as an articulated
353-7 vehicle when the truck in the combination is
354-8 registered for 12,000 lbs. or less as a covered farm
355-9 vehicle under subsections (a) and (a-5) of Section
356-10 3-815 of this Code or subsection (a) of Section 3-818
357-11 of this Code and contains in the cab of the motor
358-12 vehicle a registration designating the vehicle as a
359-13 covered farm vehicle under subsections (a) and (a-5)
360-14 of Section 3-815 of this Code and the trailer in the
361-15 combination is registered as a farm trailer under
362-16 subsection (a) of Section 3-819 of this Code and
363-17 displays a farm registration license plate; or
364-18 (C) a truck registered for 12,000 lbs. or less as a
365-19 covered farm vehicle under subsections (a) and (a-5)
366-20 of Section 3-815 of this Code or subsection (a) of
367-21 Section 3-818 of this Code containing in the cab of the
368-22 motor vehicle a registration designating the vehicle
369-23 as a covered farm vehicle under subsections (a) and
370-24 (a-5) of Section 3-815 of this Code that is towing an
371-25 implement of husbandry as part of a farming operation;
372-26 and
345+SB2108- 9 -LRB104 08359 LNS 18410 b SB2108 - 9 - LRB104 08359 LNS 18410 b
346+ SB2108 - 9 - LRB104 08359 LNS 18410 b
347+1 passengers for the transportation services provided, and not
348+2 included in a total package charge or other assessment for
349+3 highway transportation services.
350+4 "Farm supplies for agricultural purposes" means products
351+5 directly related to the growing or harvesting of agricultural
352+6 commodities and livestock feed at any time of the year.
353+7 "Livestock" means cattle, sheep, goats, swine, poultry
354+8 (including egg-producing poultry), fish used for food, and
355+9 other animals designated by the Secretary of the United States
356+10 Department of Transportation (at his or her sole discretion)
357+11 that are part of a foundation herd (including producing dairy
358+12 cattle) or offspring.
359+13 "Officer" means Illinois State Police Officer.
360+14 "Person" means any natural person or individual,
361+15 governmental body, firm, association, partnership,
362+16 copartnership, joint venture, company, corporation, joint
363+17 stock company, trust, estate or any other legal entity or
364+18 their legal representative, agent or assigns.
365+19 (Source: P.A. 97-795, eff. 1-1-13; 98-882, eff. 8-13-14.)
366+20 (625 ILCS 5/18b-102) (from Ch. 95 1/2, par. 18b-102)
367+21 Sec. 18b-102. Authority of Department. To the extent
368+22 necessary to administer this Chapter, the Department is
369+23 authorized to:
370+24 (a) Adopt by reference all or any portion of the Federal
371+25 Motor Carrier Safety Regulations of the United States
373372
374373
375374
376375
377376
378- SB2108 Engrossed - 11 - LRB104 08359 LNS 18410 b
377+ SB2108 - 9 - LRB104 08359 LNS 18410 b
379378
380379
381-SB2108 Engrossed- 12 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 12 - LRB104 08359 LNS 18410 b
382- SB2108 Engrossed - 12 - LRB104 08359 LNS 18410 b
383-1 (4) is not used in for-hire motor carrier operations;
384-2 however, for-hire motor carrier operations do not include
385-3 the operation of a vehicle meeting the definition of a
386-4 covered farm vehicle by a tenant pursuant to a crop share
387-5 farm lease agreement to transport the landlord's portion
388-6 of the crops under that agreement; and
389-7 (5) has a gross vehicle weight rating (GVWR), a gross
390-8 combination weight rating (GCWR), or a gross vehicle
391-9 weight or gross vehicle combination weight, whichever is
392-10 greater, that is:
393-11 (A) 26,001 lbs. or less, for vehicles operating in
394-12 interstate commerce; or
395-13 (B) greater than 26,001 lbs., operating in
396-14 interstate commerce and registered in this State; or
397-15 (C) greater than 26,001 lbs. and traveling
398-16 interstate within 150 air miles of the farm or ranch
399-17 for which the vehicle is being operated, regardless of
400-18 whether it is registered in this State; or
401-19 (D) greater than 10,000 lbs. and traveling
402-20 intrastate.
403-21 "Department" means the Illinois State Police.
404-22 "Direct compensation" means payment made to the motor
405-23 carrier by the passengers or a person acting on behalf of the
406-24 passengers for the transportation services provided, and not
407-25 included in a total package charge or other assessment for
408-26 highway transportation services.
380+SB2108- 10 -LRB104 08359 LNS 18410 b SB2108 - 10 - LRB104 08359 LNS 18410 b
381+ SB2108 - 10 - LRB104 08359 LNS 18410 b
382+1 Department of Transportation, as they are now or hereafter
383+2 amended.
384+3 (b) Conduct investigations; make reports; issue subpoenas;
385+4 conduct hearings; require the production of relevant
386+5 documents, records and property; take depositions; and, in
387+6 conjunction with the Illinois State Police, conduct directly
388+7 or indirectly research, development, demonstrations and
389+8 training activities.
390+9 (c) Authorize any officer or Department employee to enter
391+10 upon, inspect and examine at reasonable times and in a
392+11 reasonable manner, the records and properties of persons to
393+12 the extent such records and properties relate to the
394+13 transportation by motor vehicle of persons or property.
395+14 (d) Conduct a continuing review of all aspects of the
396+15 transportation of persons and property by motor vehicle in
397+16 order to determine and recommend appropriate steps to assure
398+17 safe transportation by motor vehicle in Illinois.
399+18 (e) Administer and enforce the provisions of this Chapter
400+19 and any rules and regulations issued under this Chapter. Only
401+20 the Department Illinois State Police shall be authorized to
402+21 stop and inspect any commercial motor vehicle or driver at any
403+22 time for the purpose of determining compliance with the
404+23 provisions of this Chapter or rules and regulations issued
405+24 under this Chapter.
406+25 (Source: P.A. 90-89, eff. 1-1-98.)
409407
410408
411409
412410
413411
414- SB2108 Engrossed - 12 - LRB104 08359 LNS 18410 b
412+ SB2108 - 10 - LRB104 08359 LNS 18410 b
415413
416414
417-SB2108 Engrossed- 13 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 13 - LRB104 08359 LNS 18410 b
418- SB2108 Engrossed - 13 - LRB104 08359 LNS 18410 b
419-1 "Farm supplies for agricultural purposes" means products
420-2 directly related to the growing or harvesting of agricultural
421-3 commodities and livestock feed at any time of the year.
422-4 "Livestock" means cattle, sheep, goats, swine, poultry
423-5 (including egg-producing poultry), fish used for food, and
424-6 other animals designated by the Secretary of the United States
425-7 Department of Transportation (at his or her sole discretion)
426-8 that are part of a foundation herd (including producing dairy
427-9 cattle) or offspring.
428-10 "Officer" means Illinois State Police Officer.
429-11 "Person" means any natural person or individual,
430-12 governmental body, firm, association, partnership,
431-13 copartnership, joint venture, company, corporation, joint
432-14 stock company, trust, estate or any other legal entity or
433-15 their legal representative, agent or assigns.
434-16 (Source: P.A. 97-795, eff. 1-1-13; 98-882, eff. 8-13-14.)
435-17 (625 ILCS 5/18b-102) (from Ch. 95 1/2, par. 18b-102)
436-18 Sec. 18b-102. Authority of Department. To the extent
437-19 necessary to administer this Chapter, the Department is
438-20 authorized to:
439-21 (a) Adopt by reference all or any portion of the Federal
440-22 Motor Carrier Safety Regulations of the United States
441-23 Department of Transportation, as they are now or hereafter
442-24 amended.
443-25 (b) Conduct investigations; make reports; issue subpoenas;
415+SB2108- 11 -LRB104 08359 LNS 18410 b SB2108 - 11 - LRB104 08359 LNS 18410 b
416+ SB2108 - 11 - LRB104 08359 LNS 18410 b
417+1 (625 ILCS 5/18b-104) (from Ch. 95 1/2, par. 18b-104)
418+2 Sec. 18b-104. Cooperation with State Agencies - Records
419+3 and Data - Availability. The Department shall cooperate with
420+4 other State agencies regulating transportation by motor
421+5 vehicles and may enter into interagency agreements for the
422+6 purpose of sharing data. The Department shall enter into an
423+7 interagency agreement with the Illinois State Police for the
424+8 purpose of enforcing any provisions of this Chapter and the
425+9 rules and regulations issued under this Chapter.
426+10 (Source: P.A. 86-611.)
427+11 (625 ILCS 5/18b-104.1 new)
428+12 Sec. 18b-104.1. Personnel transfers. The personnel
429+13 responsible for administering this Chapter are transferred
430+14 from the transferring agency designated by the Governor to the
431+15 Illinois State Police. Prior to the transfer, the personnel
432+16 shall be subject to a background check and any additional
433+17 screening requirements established by the Department. The
434+18 status and rights of the employees and the State or its
435+19 transferring agency under the Personnel Code, the Illinois
436+20 Public Labor Relations Act, and applicable collective
437+21 bargaining agreements or under any pension, retirement, or
438+22 annuity plan shall not be affected by this amendatory Act of
439+23 the 104th General Assembly. Under the direction of the
440+24 Governor, the Department, in consultation with the
441+25 transferring agencies and labor organizations representing the
444442
445443
446444
447445
448446
449- SB2108 Engrossed - 13 - LRB104 08359 LNS 18410 b
447+ SB2108 - 11 - LRB104 08359 LNS 18410 b
450448
451449
452-SB2108 Engrossed- 14 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 14 - LRB104 08359 LNS 18410 b
453- SB2108 Engrossed - 14 - LRB104 08359 LNS 18410 b
454-1 conduct hearings; require the production of relevant
455-2 documents, records and property; take depositions; and, in
456-3 conjunction with the Illinois State Police, conduct directly
457-4 or indirectly research, development, demonstrations and
458-5 training activities.
459-6 (c) Authorize any officer or Department employee to enter
460-7 upon, inspect and examine at reasonable times and in a
461-8 reasonable manner, the records and properties of persons to
462-9 the extent such records and properties relate to the
463-10 transportation by motor vehicle of persons or property.
464-11 (d) Conduct a continuing review of all aspects of the
465-12 transportation of persons and property by motor vehicle in
466-13 order to determine and recommend appropriate steps to assure
467-14 safe transportation by motor vehicle in Illinois.
468-15 (e) Administer and enforce the provisions of this Chapter
469-16 and any rules and regulations issued under this Chapter. Only
470-17 the Department Illinois State Police shall be authorized to
471-18 stop and inspect any commercial motor vehicle or driver at any
472-19 time for the purpose of determining compliance with the
473-20 provisions of this Chapter or rules and regulations issued
474-21 under this Chapter.
475-22 (Source: P.A. 90-89, eff. 1-1-98.)
476-23 (625 ILCS 5/18b-104) (from Ch. 95 1/2, par. 18b-104)
477-24 Sec. 18b-104. Cooperation with State Agencies - Records
478-25 and Data - Availability. The Department shall cooperate with
450+SB2108- 12 -LRB104 08359 LNS 18410 b SB2108 - 12 - LRB104 08359 LNS 18410 b
451+ SB2108 - 12 - LRB104 08359 LNS 18410 b
452+1 affected employees, shall identify each position and employee
453+2 who is engaged in the performance of functions transferred to
454+3 the Department, or engaged in the administration of a law the
455+4 administration of which is transferred to the Department, to
456+5 be transferred to the Department. An employee engaged
457+6 primarily in providing administrative and investigative
458+7 support to the Illinois Motor Carrier Safety Assistance
459+8 Program may be considered engaged in the performance of
460+9 functions transferred to the Department.
461+10 (625 ILCS 5/18b-104.2 new)
462+11 Sec. 18b-104.2. Material transfers. On the effective date
463+12 of this amendatory Act of the 104th General Assembly, the
464+13 Illinois State Police shall take possession from the
465+14 Department any tangible items, including, but not limited to,
466+15 vehicles, computers, uniforms, equipment, and supplies, which
467+16 were procured or purchased using the State Police Operations
468+17 Assistance Fund from the Federal Motor Carrier Safety
469+18 Administration. These items shall become property of the
470+19 Illinois State Police.
471+20 (625 ILCS 5/18b-106.2)
472+21 Sec. 18b-106.2. Hours of service; utility service
473+22 interruption emergencies.
474+23 (a) As used in this Section:
475+24 "Commercial driver's license" has the meaning set forth in
479476
480477
481478
482479
483480
484- SB2108 Engrossed - 14 - LRB104 08359 LNS 18410 b
481+ SB2108 - 12 - LRB104 08359 LNS 18410 b
485482
486483
487-SB2108 Engrossed- 15 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 15 - LRB104 08359 LNS 18410 b
488- SB2108 Engrossed - 15 - LRB104 08359 LNS 18410 b
489-1 other State agencies regulating transportation by motor
490-2 vehicles and may enter into interagency agreements for the
491-3 purpose of sharing data. The Department shall enter into an
492-4 interagency agreement with the Illinois State Police for the
493-5 purpose of enforcing any provisions of this Chapter and the
494-6 rules and regulations issued under this Chapter.
495-7 (Source: P.A. 86-611.)
496-8 (625 ILCS 5/18b-104.1 new)
497-9 Sec. 18b-104.1. Personnel transfers.
498-10 (a) On January 1, 2026, the personnel responsible for
499-11 administering this Chapter are transferred from the
500-12 transferring agency designated by the Governor to the
501-13 Department. Prior to the transfer, the personnel shall be
502-14 subject to a background check and any additional screening
503-15 requirements established by the Department. The status and
504-16 rights of the employees and the State or its transferring
505-17 agency under the Personnel Code, the Illinois Public Labor
506-18 Relations Act, and applicable collective bargaining agreements
507-19 or under any pension, retirement, or annuity plan shall not be
508-20 affected by this amendatory Act of the 104th General Assembly.
509-21 Under the direction of the Governor, the Department, in
510-22 consultation with the transferring agencies, Central
511-23 Management Services, and labor organizations representing the
512-24 affected employees, shall identify each position and employee
513-25 who is engaged in the performance of functions transferred to
484+SB2108- 13 -LRB104 08359 LNS 18410 b SB2108 - 13 - LRB104 08359 LNS 18410 b
485+ SB2108 - 13 - LRB104 08359 LNS 18410 b
486+1 Section 1-111.6 of this Code.
487+2 "Commercial motor vehicle" has the meaning set forth in
488+3 Section 18b-101 of this Code.
489+4 "Utility service interruption emergency" means an outage
490+5 or interruption of utility service in Illinois occasioned by a
491+6 set of circumstances included in the definition of "emergency"
492+7 set forth at 49 CFR 390.5.
493+8 "Utility service" means the repairing, maintaining, or
494+9 operating of any structures or any other physical facilities
495+10 necessary for the delivery of utility services, including the
496+11 furnishing of electric, gas, water, sanitary sewer, telephone,
497+12 and television cable or community antenna service.
498+13 "Utility service vehicle" has the meaning set forth in 49
499+14 CFR 395.2.
500+15 (b) Upon receipt of notification of a utility service
501+16 interruption emergency by a utility service provider, the
502+17 Illinois Department of Transportation shall declare that an
503+18 emergency exists pursuant to 49 CFR 390.23. Should an audit by
504+19 the Illinois Department of Transportation establish that there
505+20 has been an abuse of the notification procedure by a utility
506+21 service provider, the Illinois Department of Transportation
507+22 may refuse to grant emergency declarations to that utility
508+23 service provider in the future without further confirmation of
509+24 the existence of a utility service interruption emergency.
510+25 (c) A utility service interruption emergency continues
511+26 until:
514512
515513
516514
517515
518516
519- SB2108 Engrossed - 15 - LRB104 08359 LNS 18410 b
517+ SB2108 - 13 - LRB104 08359 LNS 18410 b
520518
521519
522-SB2108 Engrossed- 16 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 16 - LRB104 08359 LNS 18410 b
523- SB2108 Engrossed - 16 - LRB104 08359 LNS 18410 b
524-1 the Department, or engaged in the administration of a law the
525-2 administration of which is transferred to the Department, to
526-3 be transferred to the Department. An employee engaged
527-4 primarily in providing administrative and investigative
528-5 support to the Illinois Motor Carrier Safety Assistance
529-6 Program may be considered engaged in the performance of
530-7 functions transferred to the Department.
531-8 (b) Until October 1, 2026, all union employees assigned to
532-9 the Motor Carrier Safety Assistance Program shall retain the
533-10 rights and benefits of their collective bargaining agreement,
534-11 including, but not limited to, for personnel transactions, as
535-12 if the employees were still employed by the Department of
536-13 Transportation. As used in this subsection, "personnel
537-14 transactions" includes promotions, lateral transfers, or
538-15 voluntary reductions to other union titles within the
539-16 Department of Transportation.
540-17 (625 ILCS 5/18b-104.2 new)
541-18 Sec. 18b-104.2. Material transfers. On January 1, 2026,
542-19 the Department shall take possession from the Department of
543-20 Transportation any tangible items, including, but not limited
544-21 to, vehicles, computers, uniforms, equipment, and supplies,
545-22 which were procured or purchased using the Motor Carrier
546-23 Safety Assistance Program Grant from the Federal Motor Carrier
547-24 Safety Administration. These items shall become property of
548-25 the Department.
520+SB2108- 14 -LRB104 08359 LNS 18410 b SB2108 - 14 - LRB104 08359 LNS 18410 b
521+ SB2108 - 14 - LRB104 08359 LNS 18410 b
522+1 (1) the necessary maintenance or repair work is
523+2 completed; and
524+3 (2) personnel used to perform necessary maintenance or
525+4 repair work have returned to their respective normal work
526+5 routines.
527+6 (d) An individual is exempt from any regulation of the
528+7 maximum hours of service that an employee may work under 49 CFR
529+8 395 if he or she:
530+9 (1) is the holder of a commercial driver's license;
531+10 (2) is:
532+11 (A) an employee;
533+12 (B) an employee of a contractor; or
534+13 (C) an employee of a subcontractor;
535+14 of a utility service provider in an employment capacity in
536+15 which the commercial driver's license is used; and
537+16 (3) operates a commercial motor vehicle as a utility
538+17 service vehicle and engages in intrastate maintenance or
539+18 repair work in response to a utility service interruption
540+19 emergency.
541+20 (e) The exemption from maximum hours of service
542+21 regulations provided under subsection (d) shall not exceed the
543+22 duration of the utility service provider's or driver's direct
544+23 assistance in providing utility service interruption emergency
545+24 relief, or 5 days from the date of the initial declaration,
546+25 whichever is less.
547+26 (f) Nothing in this amendatory Act of the 94th General
549548
550549
551550
552551
553552
554- SB2108 Engrossed - 16 - LRB104 08359 LNS 18410 b
553+ SB2108 - 14 - LRB104 08359 LNS 18410 b
555554
556555
557-SB2108 Engrossed- 17 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 17 - LRB104 08359 LNS 18410 b
558- SB2108 Engrossed - 17 - LRB104 08359 LNS 18410 b
559-1 (625 ILCS 5/18b-106.2)
560-2 Sec. 18b-106.2. Hours of service; utility service
561-3 interruption emergencies.
562-4 (a) As used in this Section:
563-5 "Commercial driver's license" has the meaning set forth in
564-6 Section 1-111.6 of this Code.
565-7 "Commercial motor vehicle" has the meaning set forth in
566-8 Section 18b-101 of this Code.
567-9 "Utility service interruption emergency" means an outage
568-10 or interruption of utility service in Illinois occasioned by a
569-11 set of circumstances included in the definition of "emergency"
570-12 set forth at 49 CFR 390.5.
571-13 "Utility service" means the repairing, maintaining, or
572-14 operating of any structures or any other physical facilities
573-15 necessary for the delivery of utility services, including the
574-16 furnishing of electric, gas, water, sanitary sewer, telephone,
575-17 and television cable or community antenna service.
576-18 "Utility service vehicle" has the meaning set forth in 49
577-19 CFR 395.2.
578-20 (b) Upon receipt of notification of a utility service
579-21 interruption emergency by a utility service provider, the
580-22 Illinois Department of Transportation shall declare that an
581-23 emergency exists pursuant to 49 CFR 390.23. Should an audit by
582-24 the Illinois Department of Transportation establish that there
583-25 has been an abuse of the notification procedure by a utility
556+SB2108- 15 -LRB104 08359 LNS 18410 b SB2108 - 15 - LRB104 08359 LNS 18410 b
557+ SB2108 - 15 - LRB104 08359 LNS 18410 b
558+1 Assembly shall be construed to contravene any federal law or
559+2 to jeopardize State of Illinois entitlement to federal
560+3 funding. If any provision of this amendatory Act of the 94th
561+4 General Assembly or its application is found to jeopardize
562+5 federal funding, that provision is declared invalid but does
563+6 not affect any other provision or application. The provisions
564+7 of this amendatory Act of the 94th General Assembly are
565+8 declared to be severable.
566+9 (Source: P.A. 94-1, eff. 5-23-05.)
567+10 (625 ILCS 5/18b-107) (from Ch. 95 1/2, par. 18b-107)
568+11 Sec. 18b-107. Violations - Civil penalties. Except as
569+12 provided in Section 18b-108, any person who is determined by
570+13 the Department after reasonable notice and opportunity for a
571+14 fair and impartial hearing to have committed an act in
572+15 violation of this Chapter or any rule or regulation issued
573+16 under this Chapter is liable to the State for a civil penalty.
574+17 Such person is subject to a civil penalty as prescribed by
575+18 Appendix B to 49 CFR Part 386 -- Penalty Schedule; Violations
576+19 and Maximum Monetary Penalties, except that a person
577+20 committing a railroad-highway grade crossing violation is
578+21 subject to a civil penalty of not more than $10,000, and, if
579+22 any such violation is a continuing one, each day of violation
580+23 constitutes a separate offense. The amount of any such penalty
581+24 shall be assessed by the Department by a written notice. In
582+25 determining the amount of such penalty, the Department shall
584583
585584
586585
587586
588587
589- SB2108 Engrossed - 17 - LRB104 08359 LNS 18410 b
588+ SB2108 - 15 - LRB104 08359 LNS 18410 b
590589
591590
592-SB2108 Engrossed- 18 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 18 - LRB104 08359 LNS 18410 b
593- SB2108 Engrossed - 18 - LRB104 08359 LNS 18410 b
594-1 service provider, the Illinois Department of Transportation
595-2 may refuse to grant emergency declarations to that utility
596-3 service provider in the future without further confirmation of
597-4 the existence of a utility service interruption emergency.
598-5 (c) A utility service interruption emergency continues
599-6 until:
600-7 (1) the necessary maintenance or repair work is
601-8 completed; and
602-9 (2) personnel used to perform necessary maintenance or
603-10 repair work have returned to their respective normal work
604-11 routines.
605-12 (d) An individual is exempt from any regulation of the
606-13 maximum hours of service that an employee may work under 49 CFR
607-14 395 if he or she:
608-15 (1) is the holder of a commercial driver's license;
609-16 (2) is:
610-17 (A) an employee;
611-18 (B) an employee of a contractor; or
612-19 (C) an employee of a subcontractor;
613-20 of a utility service provider in an employment capacity in
614-21 which the commercial driver's license is used; and
615-22 (3) operates a commercial motor vehicle as a utility
616-23 service vehicle and engages in intrastate maintenance or
617-24 repair work in response to a utility service interruption
618-25 emergency.
619-26 (e) The exemption from maximum hours of service
591+SB2108- 16 -LRB104 08359 LNS 18410 b SB2108 - 16 - LRB104 08359 LNS 18410 b
592+ SB2108 - 16 - LRB104 08359 LNS 18410 b
593+1 take into account the nature, circumstances, extent and
594+2 gravity of the violation and, with respect to a person found to
595+3 have committed such violation, the degree of culpability,
596+4 history or prior offenses, ability to pay, effect on ability
597+5 to continue to do business and such other matters as justice
598+6 may require.
599+7 Such civil penalty is recoverable in an action brought by
600+8 the State's Attorney or the Attorney General on behalf of the
601+9 State in the circuit court or, prior to referral to the State's
602+10 Attorney or the Attorney General, such civil penalty may be
603+11 compromised by the Department. The amount of such penalty when
604+12 finally determined (or agreed upon in compromise), may be
605+13 deducted from any sums owed by the State to the person charged.
606+14 All civil penalties collected under this subsection shall be
607+15 deposited in the State Police Operations Assistance Fund Road
608+16 Fund.
609+17 (Source: P.A. 94-519, eff. 8-10-05.)
610+18 (625 ILCS 5/18b-109) (from Ch. 95 1/2, par. 18b-109)
611+19 Sec. 18b-109. Enforcement of Rules and Regulations. Only
612+20 the Department Illinois State Police shall enforce the rules
613+21 and regulations issued under this Chapter against drivers and
614+22 persons other than drivers. The Department and the Illinois
615+23 State Police shall enforce the rules and regulations issued
616+24 under this Chapter against persons other than drivers.
617+25 (Source: P.A. 86-611.)
620618
621619
622620
623621
624622
625- SB2108 Engrossed - 18 - LRB104 08359 LNS 18410 b
623+ SB2108 - 16 - LRB104 08359 LNS 18410 b
626624
627625
628-SB2108 Engrossed- 19 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 19 - LRB104 08359 LNS 18410 b
629- SB2108 Engrossed - 19 - LRB104 08359 LNS 18410 b
630-1 regulations provided under subsection (d) shall not exceed the
631-2 duration of the utility service provider's or driver's direct
632-3 assistance in providing utility service interruption emergency
633-4 relief, or 5 days from the date of the initial declaration,
634-5 whichever is less.
635-6 (f) Nothing in this amendatory Act of the 94th General
636-7 Assembly shall be construed to contravene any federal law or
637-8 to jeopardize State of Illinois entitlement to federal
638-9 funding. If any provision of this amendatory Act of the 94th
639-10 General Assembly or its application is found to jeopardize
640-11 federal funding, that provision is declared invalid but does
641-12 not affect any other provision or application. The provisions
642-13 of this amendatory Act of the 94th General Assembly are
643-14 declared to be severable.
644-15 (Source: P.A. 94-1, eff. 5-23-05.)
645-16 (625 ILCS 5/18b-107) (from Ch. 95 1/2, par. 18b-107)
646-17 Sec. 18b-107. Violations - Civil penalties. Except as
647-18 provided in Section 18b-108, any person who is determined by
648-19 the Department after reasonable notice and opportunity for a
649-20 fair and impartial hearing to have committed an act in
650-21 violation of this Chapter or any rule or regulation issued
651-22 under this Chapter is liable to the State for a civil penalty.
652-23 Such person is subject to a civil penalty as prescribed by
653-24 Appendix B to 49 CFR Part 386 -- Penalty Schedule; Violations
654-25 and Maximum Monetary Penalties, except that a person
626+SB2108- 17 -LRB104 08359 LNS 18410 b SB2108 - 17 - LRB104 08359 LNS 18410 b
627+ SB2108 - 17 - LRB104 08359 LNS 18410 b
655628
656629
657630
658631
659632
660- SB2108 Engrossed - 19 - LRB104 08359 LNS 18410 b
661-
662-
663-SB2108 Engrossed- 20 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 20 - LRB104 08359 LNS 18410 b
664- SB2108 Engrossed - 20 - LRB104 08359 LNS 18410 b
665-1 committing a railroad-highway grade crossing violation is
666-2 subject to a civil penalty of not more than $10,000, and, if
667-3 any such violation is a continuing one, each day of violation
668-4 constitutes a separate offense. The amount of any such penalty
669-5 shall be assessed by the Department by a written notice. In
670-6 determining the amount of such penalty, the Department shall
671-7 take into account the nature, circumstances, extent and
672-8 gravity of the violation and, with respect to a person found to
673-9 have committed such violation, the degree of culpability,
674-10 history or prior offenses, ability to pay, effect on ability
675-11 to continue to do business and such other matters as justice
676-12 may require.
677-13 Such civil penalty is recoverable in an action brought by
678-14 the State's Attorney or the Attorney General on behalf of the
679-15 State in the circuit court or, prior to referral to the State's
680-16 Attorney or the Attorney General, such civil penalty may be
681-17 compromised by the Department. The amount of such penalty when
682-18 finally determined (or agreed upon in compromise), may be
683-19 deducted from any sums owed by the State to the person charged.
684-20 All civil penalties collected under this subsection shall be
685-21 deposited in the State Police Operations Assistance Fund Road
686-22 Fund.
687-23 On the effective date of this amendatory Act of the 104th
688-24 General Assembly, the hearing process established by this
689-25 Section shall be completed by the Department. All such
690-26 violations dated prior to the effective date of this
691-
692-
693-
694-
695-
696- SB2108 Engrossed - 20 - LRB104 08359 LNS 18410 b
697-
698-
699-SB2108 Engrossed- 21 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 21 - LRB104 08359 LNS 18410 b
700- SB2108 Engrossed - 21 - LRB104 08359 LNS 18410 b
701-1 amendatory Act of the 104th General Assembly shall be
702-2 completed by the Department of Transportation.
703-3 (Source: P.A. 94-519, eff. 8-10-05.)
704-4 (625 ILCS 5/18b-109) (from Ch. 95 1/2, par. 18b-109)
705-5 Sec. 18b-109. Enforcement of Rules and Regulations. Only
706-6 the Department Illinois State Police shall enforce the rules
707-7 and regulations issued under this Chapter against drivers and
708-8 persons other than drivers. The Department and the Illinois
709-9 State Police shall enforce the rules and regulations issued
710-10 under this Chapter against persons other than drivers.
711-11 (Source: P.A. 86-611.)
712-12 Section 99. Effective date. This Act takes effect October
713-13 1, 2025.
714-
715-
716-
717-
718-
719- SB2108 Engrossed - 21 - LRB104 08359 LNS 18410 b
633+ SB2108 - 17 - LRB104 08359 LNS 18410 b