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| [ Senate Amendment 002 ] |
91_SB1393sam001
LRB9111145DHmbam01
1 AMENDMENT TO SENATE BILL 1393
2 AMENDMENT NO. . Amend Senate Bill 1393 as follows:
3 on page 1, by replacing line 2 with the following:
4 "Sections 18c-1703, 18c-7401, and 18c-7402."; and
5 on page 1, by replacing line 6 with the following:
6 "changing Sections 18c-1703, 18c-7401, and 18c-7402 as
7 follows:
8 (625 ILCS 5/18c-1703) (from Ch. 95 1/2, par. 18c-1703)
9 Sec. 18c-1703. Investigations and Arrests. (1)
10 Enforcement Officers and Investigators. Enforcement officers
11 and investigators appointed by the Commission shall have, and
12 may exercise throughout the state, all the powers of police
13 officers when enforcing provisions of this Chapter, subject
14 to the regulations and orders of the Commission.
15 (2) Investigations.
16 (a) General Provisions. The Commission, through its
17 employees, shall conduct such investigations as are necessary
18 for the enforcement of this Chapter.
19 (b) Examination, Audit and Production of Records.
20 Authorized employees of the Commission shall have the power
21 at any and all times to examine, audit, or demand production
22 of all accounts, books, records, memoranda, and other papers
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1 in the possession or control of a license or registration
2 holder, its employees or agents. In addition, every person
3 other than a license or registration holder and every
4 officer, employee or agent of such person shall permit every
5 authorized employee of the Commission, upon administrative
6 subpoena issued by the Chairman or his designee or the
7 Attorney General, to inspect and copy any accounts, books,
8 records, memoranda, letters, checks, vouchers, telegrams,
9 documents, or other papers in its possession or control which
10 the Commission deems necessary to the proper conduct of an
11 investigation to determine whether provisions of this
12 Chapter, Commission regulations or orders, have been
13 violated.
14 (c) Inspection of Equipment and Facilities. Authorized
15 employees of the Commission shall have the power at all times
16 to inspect the equipment, facilities, and other property of
17 the licensee in the possession or control of a carrier or
18 broker, its employees or agents.
19 (d) Special Investigations. The Commission may also
20 conduct special investigations as necessary for the
21 enforcement of this Chapter. Where such person is found by
22 the Commission to have violated this Chapter, and where the
23 Commission imposes a sanction for such violation under
24 Section 18c-1704 of this Chapter, the Commission may impose
25 on such person an assessment of reasonable expenses incurred
26 by the Commission in the investigation and subsequent
27 proceeding. Such assessment shall not exceed a fee of $100
28 per work day or $50 per half work day, per employee, for the
29 payroll costs of the Commission staff, plus actual
30 transportation (in accordance with applicable state employee
31 travel expense reimbursement regulations) and all other
32 actual expenses incurred in the special investigation and
33 subsequent proceeding.
34 (3) Arrests and Citations. The Commission shall make
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1 arrests and issue notices of civil violations where necessary
2 for the enforcement of this Chapter. No rail carrier employee
3 shall be arrested for violation of this Chapter, except that
4 a rail carrier employee who is not exempt from prosecution
5 under subdivision (1)(d) of Section 18c-7402 may be arrested
6 and prosecuted for a violation of subdivision (1)(d) of
7 Section 18c-7402. No person operating a motor vehicle in
8 violation of the licensing or safety provisions of this
9 Chapter shall be permitted to transport property or
10 passengers beyond the point of arrest unless, in the opinion
11 of the officer making the arrest, it is necessary to
12 transport the property or passengers to another location to
13 insure their safety or to preserve or tend cargo carried in
14 the vehicle.
15 (Source: P.A. 85-553.)"; and
16 on page 11, line 6, by replacing "subsection" with
17 "subdivision"; and
18 on page 15, line 24, by replacing "subsection" with
19 "subdivision".