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