SB2108 EngrossedLRB104 08359 LNS 18410 b SB2108 Engrossed LRB104 08359 LNS 18410 b
SB2108 Engrossed LRB104 08359 LNS 18410 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 2. The Illinois State Police Law of the Civil
5 Administrative Code of Illinois is amended by adding Section
6 2605-625 as follows:
7 (20 ILCS 2605/2605-625 new)
8 Sec. 2605-625. Technical managers workforce goals and
9 report.
10 (a) By August 1 of each calendar year, the Illinois State
11 Police shall make a report in writing to the Governor and the
12 General Assembly, stating in detail the Illinois State
13 Police's efforts in the prior fiscal year to fill open
14 technical manager positions.
15 (b) The report shall include:
16 (1) The total number of technical manager positions
17 within the Illinois State Police for the previous fiscal
18 year.
19 (2) The number of technical manager positions that
20 were unfilled at any point during the previous fiscal
21 year.
22 (3) The duration of time each technical manager
23 position remained unfilled.
SB2108 Engrossed LRB104 08359 LNS 18410 b
SB2108 Engrossed- 2 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 2 - LRB104 08359 LNS 18410 b
SB2108 Engrossed - 2 - LRB104 08359 LNS 18410 b
1 (4) The number of technical manager positions filled
2 during the previous fiscal year.
3 (5) A detailed report of any recruitment efforts or
4 initiatives undertaken to fill technical manager
5 positions.
6 (c) The Illinois State Police shall establish and maintain
7 a goal of filling at least 85% of all authorized and budgeted
8 technical manager positions within the Illinois State Police
9 in each fiscal year.
10 (d) The General Assembly shall review the report and may
11 request additional information or hold hearings regarding the
12 Illinois State Police's staffing levels, recruitment
13 strategies, and efforts to meet the 85% workforce goal.
14 Section 4. The State Finance Act is amended by changing
15 Section 6z-82 as follows:
16 (30 ILCS 105/6z-82)
17 Sec. 6z-82. State Police Operations Assistance Fund.
18 (a) There is created in the State treasury a special fund
19 known as the State Police Operations Assistance Fund. The Fund
20 shall receive revenue under the Criminal and Traffic
21 Assessment Act, the Illinois Hazardous Materials
22 Transportation Act, and the Illinois Motor Carrier Safety Law.
23 The Fund may also receive revenue from grants, donations,
24 appropriations, and any other legal source.
SB2108 Engrossed - 2 - LRB104 08359 LNS 18410 b
SB2108 Engrossed- 3 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 3 - LRB104 08359 LNS 18410 b
SB2108 Engrossed - 3 - LRB104 08359 LNS 18410 b
1 (a-5) This Fund may charge, collect, and receive fees or
2 moneys as described in Section 15-312 of the Illinois Vehicle
3 Code and receive all fees received by the Illinois State
4 Police under that Section. The moneys shall be used by the
5 Illinois State Police for its expenses in providing police
6 escorts and commercial vehicle enforcement activities.
7 (b) The Illinois State Police may use moneys in the Fund to
8 finance any of its lawful purposes or functions.
9 (c) Expenditures may be made from the Fund only as
10 appropriated by the General Assembly by law.
11 (d) Investment income that is attributable to the
12 investment of moneys in the Fund shall be retained in the Fund
13 for the uses specified in this Section.
14 (e) The State Police Operations Assistance Fund shall not
15 be subject to administrative chargebacks.
16 (f) (Blank).
17 (g) (Blank).
18 (h) (Blank). June 9, 2023 (Public Act 103-34)
19 (Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21;
20 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-34, eff.
21 6-9-23; 103-363, eff. 7-28-23; 103-605, eff. 7-1-24; 103-616,
22 eff. 7-1-24; revised 7-23-24.)
23 Section 5. The Liquefied Petroleum Gas Regulation Act is
24 amended by changing Section 3 as follows:
SB2108 Engrossed - 3 - LRB104 08359 LNS 18410 b
SB2108 Engrossed- 4 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 4 - LRB104 08359 LNS 18410 b
SB2108 Engrossed - 4 - LRB104 08359 LNS 18410 b
1 (430 ILCS 5/3) (from Ch. 96 1/2, par. 5603)
2 Sec. 3. The Office of the State Fire Marshal has power to
3 make, adopt and enforce rules and regulations governing the
4 storing, transporting as cargo, selling, dispensing or use of
5 liquefied petroleum gases for purposes other than as a
6 propellant fuel in school buses, except as otherwise regulated
7 by the Illinois State Police Department of Transportation
8 under the provisions of the "Illinois Hazardous Materials
9 Transportation Act", approved August 26, 1977, as amended.
10 Rules and regulations adopted under this Section shall be in
11 substantial conformity with the generally accepted standards
12 of safety concerning the same subject matter. Rules and
13 regulations in substantial conformity with the published
14 Standards of the National Fire Protection Association for the
15 Storage and Handling of Liquefied Petroleum Gases and with the
16 published Recommended Good Practice Rules for Liquefied
17 Petroleum Gas Piping and Appliance Installations in Buildings
18 as recommended by the National Fire Protection Association,
19 shall be considered in substantial conformity with the
20 generally accepted standards of safety. No municipality or
21 other political subdivision shall enforce any ordinance or
22 regulation in conflict with this Act or with the regulations
23 promulgated under this Section, except in the location and
24 operation of liquefied petroleum gas bulk plants and storage
25 systems of over 1200 gallon capacity.
26 (Source: P.A. 83-1362.)
SB2108 Engrossed - 4 - LRB104 08359 LNS 18410 b
SB2108 Engrossed- 5 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 5 - LRB104 08359 LNS 18410 b
SB2108 Engrossed - 5 - LRB104 08359 LNS 18410 b
1 Section 10. The Illinois Hazardous Materials
2 Transportation Act is amended by changing Sections 2, 3, and
3 11 as follows:
4 (430 ILCS 30/2) (from Ch. 95 1/2, par. 700-2)
5 Sec. 2. It is the finding of the General Assembly that
6 hazardous materials are essential for various industrial,
7 commercial and other purposes; that their transportation is a
8 necessary incident to their use; and that such transportation
9 is required for the employment and economic prosperity of the
10 People of the State of Illinois.
11 It is therefore declared to be the policy of the General
12 Assembly to improve the regulatory and enforcement authority
13 of the Illinois State Police Department of Transportation to
14 protect the People of the State of Illinois against the risk to
15 life and property inherent in the transportation of hazardous
16 materials over highways by keeping such risk to a minimum
17 consistent with technical feasibility and economic
18 reasonableness.
19 It is not the intent of the General Assembly to regulate
20 the movement of hazardous materials in such quantities that
21 would not pose a substantial danger to the public health and
22 safety, such as fuels, fertilizer and agricultural chemicals
23 while being used in a normal farming operation or in transit to
24 the farm.
SB2108 Engrossed - 5 - LRB104 08359 LNS 18410 b
SB2108 Engrossed- 6 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 6 - LRB104 08359 LNS 18410 b
SB2108 Engrossed - 6 - LRB104 08359 LNS 18410 b
1 (Source: P.A. 80-351.)
2 (430 ILCS 30/3) (from Ch. 95 1/2, par. 700-3)
3 Sec. 3. Unless the context otherwise clearly requires, as
4 used in this Act:
5 "Commerce" means trade, traffic, commerce or
6 transportation within the State;
7 "Department" means the Illinois State Police Department of
8 Transportation;
9 "Discharge" means leakage, seepage, or other release;
10 "Hazardous material" means a substance or material in a
11 quantity and form determined by the United States Department
12 of Transportation to be capable of posing an unreasonable risk
13 to health and safety or property when transported in commerce;
14 "Knowingly" means a person has actual knowledge of the
15 facts giving rise to the violation or a reasonable person
16 acting in the circumstances and exercising due care would have
17 such knowledge;
18 "Law Enforcement Officials" means the Illinois State
19 Police or any duly authorized employees of a local
20 governmental agency who are primarily responsible for
21 prevention or detection of crime and enforcement of the
22 criminal code and the highway and traffic laws of this State or
23 any political subdivision of such State;
24 "Local road" means any State or local highway except for
25 (i) a highway with 4 or more lanes, or (ii) an interstate
SB2108 Engrossed - 6 - LRB104 08359 LNS 18410 b
SB2108 Engrossed- 7 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 7 - LRB104 08359 LNS 18410 b
SB2108 Engrossed - 7 - LRB104 08359 LNS 18410 b
1 highway.
2 "Person" means any natural person or individual,
3 governmental body, firm, association, partnership,
4 copartnership, joint venture, company, corporation, joint
5 stock company, trust, estate or any other legal entity or
6 their legal representative, agent or assigns;
7 "Transports" or "transportation" means any movement of
8 property over the highway and any loading, unloading or
9 storage incidental to such movement.
10 (Source: P.A. 102-513, eff. 8-20-21.)
11 (430 ILCS 30/11) (from Ch. 95 1/2, par. 700-11)
12 Sec. 11. Any person who is determined by the Department
13 after reasonable notice and opportunity for a fair and
14 impartial hearing to have knowingly committed an act that is a
15 violation of this Act or any rule or regulation issued under
16 this Act is liable to the State for a civil penalty. Whoever
17 knowingly commits an act that is a violation of any rule or
18 regulation applicable to any person who transports or ships or
19 causes to be transported or shipped hazardous materials is
20 subject to a civil penalty of not more than $10,000 for such
21 violation and, if any such violation is a continuing one, each
22 day of violation constitutes a separate offense. The amount of
23 any such penalty shall be assessed by the Department by a
24 written notice. In determining the amount of such penalty, the
25 Department shall take into account the nature, circumstances,
SB2108 Engrossed - 7 - LRB104 08359 LNS 18410 b
SB2108 Engrossed- 8 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 8 - LRB104 08359 LNS 18410 b
SB2108 Engrossed - 8 - LRB104 08359 LNS 18410 b
1 extent and gravity of the violation and, with respect to a
2 person found to have committed such violation, the degree of
3 culpability, history of prior offenses, ability to pay, effect
4 on ability to continue to do business and such other matters as
5 justice may require.
6 Such civil penalty is recoverable in an action brought by
7 the State's Attorney or the Attorney General on behalf of the
8 State in the circuit court or, prior to referral to the State's
9 Attorney or the Attorney General, such civil penalty may be
10 compromised by the Department. The amount of such penalty when
11 finally determined (or agreed upon in compromise), may be
12 deducted from any sums owed by the State to the person charged.
13 All civil penalties collected under this Section shall be
14 deposited in the State Police Operations Assistance Road Fund.
15 (Source: P.A. 80-351.)
16 Section 15. The Illinois Vehicle Code is amended by
17 changing Sections 1-115.05, 18b-101, 18b-102, 18b-104,
18 18b-106.2, 18b-107, and 18b-109 and by adding Sections
19 18b-104.1 and 18b-104.2 as follows:
20 (625 ILCS 5/1-115.05)
21 Sec. 1-115.05. Department. The Department of
22 Transportation of the State of Illinois, acting directly or
23 through its duly authorized officers and agents, except that:
24 (i) in Chapter 5 and Articles X and XI of Chapter 3 of this
SB2108 Engrossed - 8 - LRB104 08359 LNS 18410 b
SB2108 Engrossed- 9 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 9 - LRB104 08359 LNS 18410 b
SB2108 Engrossed - 9 - LRB104 08359 LNS 18410 b
1 Code, "Department" means the Department of Revenue of the
2 State of Illinois; and (ii) in Chapter 18B, "Department" means
3 the Illinois State Police.
4 (Source: P.A. 90-89, eff. 1-1-98.)
5 (625 ILCS 5/18b-101) (from Ch. 95 1/2, par. 18b-101)
6 Sec. 18b-101. Definitions. Unless the context otherwise
7 clearly requires, as used in this Chapter:
8 "Agricultural commodities" means any agricultural
9 commodity, non-processed food, feed, fiber, or livestock,
10 including insects.
11 "Agricultural operations" means the operation of a motor
12 vehicle or combination of vehicles transporting agricultural
13 commodities or farm supplies for agricultural purposes.
14 "Air mile" means a nautical mile, which is equivalent to
15 6,076 feet or 1,852 meters. Accordingly, 100 air miles are
16 equivalent to 115.08 statute miles or 185.2 kilometers.
17 "Commercial motor vehicle" means any self propelled or
18 towed vehicle used on public highways in interstate and
19 intrastate commerce to transport passengers or property when
20 the vehicle has a gross vehicle weight, a gross vehicle weight
21 rating, a gross combination weight, or a gross combination
22 weight rating of 10,001 or more pounds; or the vehicle is used
23 or designed to transport more than 15 passengers, including
24 the driver; or the vehicle is designed to carry 15 or fewer
25 passengers and is operated by a contract carrier transporting
SB2108 Engrossed - 9 - LRB104 08359 LNS 18410 b
SB2108 Engrossed- 10 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 10 - LRB104 08359 LNS 18410 b
SB2108 Engrossed - 10 - LRB104 08359 LNS 18410 b
1 employees in the course of their employment on a highway of
2 this State; or the vehicle is used or designed to transport
3 between 9 and 15 passengers, including the driver, for direct
4 compensation; or the vehicle is used in the transportation of
5 hazardous materials in a quantity requiring placarding under
6 the Illinois Hazardous Materials Transportation Act. This
7 definition shall not include farm machinery, fertilizer
8 spreaders, and other special agricultural movement equipment
9 described in Section 3-809 nor implements of husbandry as
10 defined in Section 1-130.
11 "Covered farm vehicle", for purposes of this Chapter and
12 rule-making under this Chapter, means a straight truck or
13 articulated vehicle, excluding vehicles transporting hazardous
14 materials of a type or quantity that requires the vehicle to be
15 placarded in accordance with the Illinois Hazardous Materials
16 Transportation Act, registered in this State or another state
17 and equipped with a special license plate or other designation
18 by the state in which the vehicle is registered identifying
19 the vehicle as a covered farm vehicle for law enforcement
20 personnel and:
21 (1) is operated by a farm or ranch owner or operator,
22 or an employee or family member of the farm or ranch owner
23 or operator; and
24 (2) is being used to transport the following to or
25 from a farm or ranch:
26 (A) agricultural commodities;
SB2108 Engrossed - 10 - LRB104 08359 LNS 18410 b
SB2108 Engrossed- 11 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 11 - LRB104 08359 LNS 18410 b
SB2108 Engrossed - 11 - LRB104 08359 LNS 18410 b
1 (B) livestock; or
2 (C) machinery or supplies; and
3 (3) if registered in this State, is:
4 (A) registered as a farm truck under subsection
5 (c) of Section 3-815 of this Code; or
6 (B) operated in combination as an articulated
7 vehicle when the truck in the combination is
8 registered for 12,000 lbs. or less as a covered farm
9 vehicle under subsections (a) and (a-5) of Section
10 3-815 of this Code or subsection (a) of Section 3-818
11 of this Code and contains in the cab of the motor
12 vehicle a registration designating the vehicle as a
13 covered farm vehicle under subsections (a) and (a-5)
14 of Section 3-815 of this Code and the trailer in the
15 combination is registered as a farm trailer under
16 subsection (a) of Section 3-819 of this Code and
17 displays a farm registration license plate; or
18 (C) a truck registered for 12,000 lbs. or less as a
19 covered farm vehicle under subsections (a) and (a-5)
20 of Section 3-815 of this Code or subsection (a) of
21 Section 3-818 of this Code containing in the cab of the
22 motor vehicle a registration designating the vehicle
23 as a covered farm vehicle under subsections (a) and
24 (a-5) of Section 3-815 of this Code that is towing an
25 implement of husbandry as part of a farming operation;
26 and
SB2108 Engrossed - 11 - LRB104 08359 LNS 18410 b
SB2108 Engrossed- 12 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 12 - LRB104 08359 LNS 18410 b
SB2108 Engrossed - 12 - LRB104 08359 LNS 18410 b
1 (4) is not used in for-hire motor carrier operations;
2 however, for-hire motor carrier operations do not include
3 the operation of a vehicle meeting the definition of a
4 covered farm vehicle by a tenant pursuant to a crop share
5 farm lease agreement to transport the landlord's portion
6 of the crops under that agreement; and
7 (5) has a gross vehicle weight rating (GVWR), a gross
8 combination weight rating (GCWR), or a gross vehicle
9 weight or gross vehicle combination weight, whichever is
10 greater, that is:
11 (A) 26,001 lbs. or less, for vehicles operating in
12 interstate commerce; or
13 (B) greater than 26,001 lbs., operating in
14 interstate commerce and registered in this State; or
15 (C) greater than 26,001 lbs. and traveling
16 interstate within 150 air miles of the farm or ranch
17 for which the vehicle is being operated, regardless of
18 whether it is registered in this State; or
19 (D) greater than 10,000 lbs. and traveling
20 intrastate.
21 "Department" means the Illinois State Police.
22 "Direct compensation" means payment made to the motor
23 carrier by the passengers or a person acting on behalf of the
24 passengers for the transportation services provided, and not
25 included in a total package charge or other assessment for
26 highway transportation services.
SB2108 Engrossed - 12 - LRB104 08359 LNS 18410 b
SB2108 Engrossed- 13 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 13 - LRB104 08359 LNS 18410 b
SB2108 Engrossed - 13 - LRB104 08359 LNS 18410 b
1 "Farm supplies for agricultural purposes" means products
2 directly related to the growing or harvesting of agricultural
3 commodities and livestock feed at any time of the year.
4 "Livestock" means cattle, sheep, goats, swine, poultry
5 (including egg-producing poultry), fish used for food, and
6 other animals designated by the Secretary of the United States
7 Department of Transportation (at his or her sole discretion)
8 that are part of a foundation herd (including producing dairy
9 cattle) or offspring.
10 "Officer" means Illinois State Police Officer.
11 "Person" means any natural person or individual,
12 governmental body, firm, association, partnership,
13 copartnership, joint venture, company, corporation, joint
14 stock company, trust, estate or any other legal entity or
15 their legal representative, agent or assigns.
16 (Source: P.A. 97-795, eff. 1-1-13; 98-882, eff. 8-13-14.)
17 (625 ILCS 5/18b-102) (from Ch. 95 1/2, par. 18b-102)
18 Sec. 18b-102. Authority of Department. To the extent
19 necessary to administer this Chapter, the Department is
20 authorized to:
21 (a) Adopt by reference all or any portion of the Federal
22 Motor Carrier Safety Regulations of the United States
23 Department of Transportation, as they are now or hereafter
24 amended.
25 (b) Conduct investigations; make reports; issue subpoenas;
SB2108 Engrossed - 13 - LRB104 08359 LNS 18410 b
SB2108 Engrossed- 14 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 14 - LRB104 08359 LNS 18410 b
SB2108 Engrossed - 14 - LRB104 08359 LNS 18410 b
1 conduct hearings; require the production of relevant
2 documents, records and property; take depositions; and, in
3 conjunction with the Illinois State Police, conduct directly
4 or indirectly research, development, demonstrations and
5 training activities.
6 (c) Authorize any officer or Department employee to enter
7 upon, inspect and examine at reasonable times and in a
8 reasonable manner, the records and properties of persons to
9 the extent such records and properties relate to the
10 transportation by motor vehicle of persons or property.
11 (d) Conduct a continuing review of all aspects of the
12 transportation of persons and property by motor vehicle in
13 order to determine and recommend appropriate steps to assure
14 safe transportation by motor vehicle in Illinois.
15 (e) Administer and enforce the provisions of this Chapter
16 and any rules and regulations issued under this Chapter. Only
17 the Department Illinois State Police shall be authorized to
18 stop and inspect any commercial motor vehicle or driver at any
19 time for the purpose of determining compliance with the
20 provisions of this Chapter or rules and regulations issued
21 under this Chapter.
22 (Source: P.A. 90-89, eff. 1-1-98.)
23 (625 ILCS 5/18b-104) (from Ch. 95 1/2, par. 18b-104)
24 Sec. 18b-104. Cooperation with State Agencies - Records
25 and Data - Availability. The Department shall cooperate with
SB2108 Engrossed - 14 - LRB104 08359 LNS 18410 b
SB2108 Engrossed- 15 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 15 - LRB104 08359 LNS 18410 b
SB2108 Engrossed - 15 - LRB104 08359 LNS 18410 b
1 other State agencies regulating transportation by motor
2 vehicles and may enter into interagency agreements for the
3 purpose of sharing data. The Department shall enter into an
4 interagency agreement with the Illinois State Police for the
5 purpose of enforcing any provisions of this Chapter and the
6 rules and regulations issued under this Chapter.
7 (Source: P.A. 86-611.)
8 (625 ILCS 5/18b-104.1 new)
9 Sec. 18b-104.1. Personnel transfers.
10 (a) On January 1, 2026, the personnel responsible for
11 administering this Chapter are transferred from the
12 transferring agency designated by the Governor to the
13 Department. Prior to the transfer, the personnel shall be
14 subject to a background check and any additional screening
15 requirements established by the Department. The status and
16 rights of the employees and the State or its transferring
17 agency under the Personnel Code, the Illinois Public Labor
18 Relations Act, and applicable collective bargaining agreements
19 or under any pension, retirement, or annuity plan shall not be
20 affected by this amendatory Act of the 104th General Assembly.
21 Under the direction of the Governor, the Department, in
22 consultation with the transferring agencies, Central
23 Management Services, and labor organizations representing the
24 affected employees, shall identify each position and employee
25 who is engaged in the performance of functions transferred to
SB2108 Engrossed - 15 - LRB104 08359 LNS 18410 b
SB2108 Engrossed- 16 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 16 - LRB104 08359 LNS 18410 b
SB2108 Engrossed - 16 - LRB104 08359 LNS 18410 b
1 the Department, or engaged in the administration of a law the
2 administration of which is transferred to the Department, to
3 be transferred to the Department. An employee engaged
4 primarily in providing administrative and investigative
5 support to the Illinois Motor Carrier Safety Assistance
6 Program may be considered engaged in the performance of
7 functions transferred to the Department.
8 (b) Until October 1, 2026, all union employees assigned to
9 the Motor Carrier Safety Assistance Program shall retain the
10 rights and benefits of their collective bargaining agreement,
11 including, but not limited to, for personnel transactions, as
12 if the employees were still employed by the Department of
13 Transportation. As used in this subsection, "personnel
14 transactions" includes promotions, lateral transfers, or
15 voluntary reductions to other union titles within the
16 Department of Transportation.
17 (625 ILCS 5/18b-104.2 new)
18 Sec. 18b-104.2. Material transfers. On January 1, 2026,
19 the Department shall take possession from the Department of
20 Transportation any tangible items, including, but not limited
21 to, vehicles, computers, uniforms, equipment, and supplies,
22 which were procured or purchased using the Motor Carrier
23 Safety Assistance Program Grant from the Federal Motor Carrier
24 Safety Administration. These items shall become property of
25 the Department.
SB2108 Engrossed - 16 - LRB104 08359 LNS 18410 b
SB2108 Engrossed- 17 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 17 - LRB104 08359 LNS 18410 b
SB2108 Engrossed - 17 - LRB104 08359 LNS 18410 b
1 (625 ILCS 5/18b-106.2)
2 Sec. 18b-106.2. Hours of service; utility service
3 interruption emergencies.
4 (a) As used in this Section:
5 "Commercial driver's license" has the meaning set forth in
6 Section 1-111.6 of this Code.
7 "Commercial motor vehicle" has the meaning set forth in
8 Section 18b-101 of this Code.
9 "Utility service interruption emergency" means an outage
10 or interruption of utility service in Illinois occasioned by a
11 set of circumstances included in the definition of "emergency"
12 set forth at 49 CFR 390.5.
13 "Utility service" means the repairing, maintaining, or
14 operating of any structures or any other physical facilities
15 necessary for the delivery of utility services, including the
16 furnishing of electric, gas, water, sanitary sewer, telephone,
17 and television cable or community antenna service.
18 "Utility service vehicle" has the meaning set forth in 49
19 CFR 395.2.
20 (b) Upon receipt of notification of a utility service
21 interruption emergency by a utility service provider, the
22 Illinois Department of Transportation shall declare that an
23 emergency exists pursuant to 49 CFR 390.23. Should an audit by
24 the Illinois Department of Transportation establish that there
25 has been an abuse of the notification procedure by a utility
SB2108 Engrossed - 17 - LRB104 08359 LNS 18410 b
SB2108 Engrossed- 18 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 18 - LRB104 08359 LNS 18410 b
SB2108 Engrossed - 18 - LRB104 08359 LNS 18410 b
1 service provider, the Illinois Department of Transportation
2 may refuse to grant emergency declarations to that utility
3 service provider in the future without further confirmation of
4 the existence of a utility service interruption emergency.
5 (c) A utility service interruption emergency continues
6 until:
7 (1) the necessary maintenance or repair work is
8 completed; and
9 (2) personnel used to perform necessary maintenance or
10 repair work have returned to their respective normal work
11 routines.
12 (d) An individual is exempt from any regulation of the
13 maximum hours of service that an employee may work under 49 CFR
14 395 if he or she:
15 (1) is the holder of a commercial driver's license;
16 (2) is:
17 (A) an employee;
18 (B) an employee of a contractor; or
19 (C) an employee of a subcontractor;
20 of a utility service provider in an employment capacity in
21 which the commercial driver's license is used; and
22 (3) operates a commercial motor vehicle as a utility
23 service vehicle and engages in intrastate maintenance or
24 repair work in response to a utility service interruption
25 emergency.
26 (e) The exemption from maximum hours of service
SB2108 Engrossed - 18 - LRB104 08359 LNS 18410 b
SB2108 Engrossed- 19 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 19 - LRB104 08359 LNS 18410 b
SB2108 Engrossed - 19 - LRB104 08359 LNS 18410 b
1 regulations provided under subsection (d) shall not exceed the
2 duration of the utility service provider's or driver's direct
3 assistance in providing utility service interruption emergency
4 relief, or 5 days from the date of the initial declaration,
5 whichever is less.
6 (f) Nothing in this amendatory Act of the 94th General
7 Assembly shall be construed to contravene any federal law or
8 to jeopardize State of Illinois entitlement to federal
9 funding. If any provision of this amendatory Act of the 94th
10 General Assembly or its application is found to jeopardize
11 federal funding, that provision is declared invalid but does
12 not affect any other provision or application. The provisions
13 of this amendatory Act of the 94th General Assembly are
14 declared to be severable.
15 (Source: P.A. 94-1, eff. 5-23-05.)
16 (625 ILCS 5/18b-107) (from Ch. 95 1/2, par. 18b-107)
17 Sec. 18b-107. Violations - Civil penalties. Except as
18 provided in Section 18b-108, any person who is determined by
19 the Department after reasonable notice and opportunity for a
20 fair and impartial hearing to have committed an act in
21 violation of this Chapter or any rule or regulation issued
22 under this Chapter is liable to the State for a civil penalty.
23 Such person is subject to a civil penalty as prescribed by
24 Appendix B to 49 CFR Part 386 -- Penalty Schedule; Violations
25 and Maximum Monetary Penalties, except that a person
SB2108 Engrossed - 19 - LRB104 08359 LNS 18410 b
SB2108 Engrossed- 20 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 20 - LRB104 08359 LNS 18410 b
SB2108 Engrossed - 20 - LRB104 08359 LNS 18410 b
1 committing a railroad-highway grade crossing violation is
2 subject to a civil penalty of not more than $10,000, and, if
3 any such violation is a continuing one, each day of violation
4 constitutes a separate offense. The amount of any such penalty
5 shall be assessed by the Department by a written notice. In
6 determining the amount of such penalty, the Department shall
7 take into account the nature, circumstances, extent and
8 gravity of the violation and, with respect to a person found to
9 have committed such violation, the degree of culpability,
10 history or prior offenses, ability to pay, effect on ability
11 to continue to do business and such other matters as justice
12 may require.
13 Such civil penalty is recoverable in an action brought by
14 the State's Attorney or the Attorney General on behalf of the
15 State in the circuit court or, prior to referral to the State's
16 Attorney or the Attorney General, such civil penalty may be
17 compromised by the Department. The amount of such penalty when
18 finally determined (or agreed upon in compromise), may be
19 deducted from any sums owed by the State to the person charged.
20 All civil penalties collected under this subsection shall be
21 deposited in the State Police Operations Assistance Fund Road
22 Fund.
23 On the effective date of this amendatory Act of the 104th
24 General Assembly, the hearing process established by this
25 Section shall be completed by the Department. All such
26 violations dated prior to the effective date of this
SB2108 Engrossed - 20 - LRB104 08359 LNS 18410 b
SB2108 Engrossed- 21 -LRB104 08359 LNS 18410 b SB2108 Engrossed - 21 - LRB104 08359 LNS 18410 b
SB2108 Engrossed - 21 - LRB104 08359 LNS 18410 b
1 amendatory Act of the 104th General Assembly shall be
2 completed by the Department of Transportation.
3 (Source: P.A. 94-519, eff. 8-10-05.)
4 (625 ILCS 5/18b-109) (from Ch. 95 1/2, par. 18b-109)
5 Sec. 18b-109. Enforcement of Rules and Regulations. Only
6 the Department Illinois State Police shall enforce the rules
7 and regulations issued under this Chapter against drivers and
8 persons other than drivers. The Department and the Illinois
9 State Police shall enforce the rules and regulations issued
10 under this Chapter against persons other than drivers.
11 (Source: P.A. 86-611.)
12 Section 99. Effective date. This Act takes effect October
13 1, 2025.
SB2108 Engrossed - 21 - LRB104 08359 LNS 18410 b