Article 2705 - Department Of Transportation - Illinois Statutes

      (20 ILCS 2705/Art. 2705 heading)ARTICLE 2705. DEPARTMENT OF TRANSPORTATION

(20 ILCS 2705/2705‑1)     Sec. 2705‑1. Article short title. This Article 2705 of the Civil Administrative Code of Illinois may be cited as the Department of Transportation Law. (Source: P.A. 91‑239, eff. 1‑1‑00.)

(20 ILCS 2705/2705‑5)     Sec. 2705‑5. Definitions. In this Law:     "Department" means the Department of Transportation.     "Secretary" means the Secretary of Transportation. (Source: P.A. 91‑239, eff. 1‑1‑00.)

(20 ILCS 2705/2705‑10) (was 20 ILCS 2705/49 in part)     Sec. 2705‑10. Powers, generally. The Department has the powers enumerated in the following Sections. (Source: P.A. 91‑239, eff. 1‑1‑00.)

(20 ILCS 2705/2705‑15) (was 20 ILCS 2705/49 and 49.23)     Sec. 2705‑15. Administrative organization.     (a) The Secretary may create and establish offices, divisions, and administrative units as necessary for the efficient administration and operation of the Department and may assign functions, powers, and duties to the several offices, divisions, and administrative units in the Department.     (b) The Department has the power to establish the administrative organization within the Department that is required to carry out the powers, duties, and functions of the Department and best utilize the personnel, skills, facilities, and resources of the Department and its offices, divisions, and agencies. (Source: P.A. 91‑239, eff. 1‑1‑00.)

(20 ILCS 2705/2705‑90) (was 20 ILCS 2705/49.31)     Sec. 2705‑90. Criminal history record information from Department of State Police. Whenever the Department is authorized or required by law to consider some aspect of criminal history record information for the purpose of carrying out its statutory powers and responsibilities, then, upon request and payment of fees in conformance with the requirements of Section 2605‑400 of the Department of State Police Law (20 ILCS 2605/2605‑400), the Department of State Police is authorized to furnish, pursuant to positive identification, the information contained in State files that is necessary to fulfill the request. (Source: P.A. 91‑239, eff. 1‑1‑00.)

(20 ILCS 2705/2705‑100) (was 20 ILCS 2705/49.01a)     Sec. 2705‑100. Aeronautics; transfer from Department of Aeronautics. The Department has the power to exercise, administer, and enforce, through a Division of Aeronautics, all rights, powers, and duties vested in the Department of Aeronautics by the Illinois Aeronautics Act. The Department has the power to regulate and supervise aeronautics in this State and to administer and enforce all laws of this State pertaining to aeronautics. (Source: P.A. 91‑239, eff. 1‑1‑00.)

(20 ILCS 2705/2705‑105) (was 20 ILCS 2705/49.06a)     Sec. 2705‑105. Bridge and ferry operation; transfer from Department of Public Works and Buildings. The Department has the power to exercise, administer, and enforce the rights, powers, and duties vested in the Department of Public Works and Buildings by any law relating to the operation of bridges and ferries. (Source: P.A. 91‑239, eff. 1‑1‑00.)

(20 ILCS 2705/2705‑110) (was 20 ILCS 2705/49.07a)     Sec. 2705‑110. Motor vehicles; transfer from Department of Public Works and Buildings. The Department has the power to exercise, administer, and enforce all rights, powers, and duties vested in the Department of Public Works and Buildings by the Illinois Vehicle Code. (Source: P.A. 91‑239, eff. 1‑1‑00.)

(20 ILCS 2705/2705‑115) (was 20 ILCS 2705/49.08a)     Sec. 2705‑115. Roads and bridges; transfer from Department of Public Works and Buildings. The Department has the power to exercise, administer, and enforce all rights, powers, and duties vested in the Department of Public Works and Buildings by the Illinois Highway Code and any other law relating to roads, streets, and bridges and toll highways. (Source: P.A. 91‑239, eff. 1‑1‑00.)

(20 ILCS 2705/2705‑120) (was 20 ILCS 2705/49.11)     Sec. 2705‑120. Transfer of other rights, powers, and duties from Department of Public Works and Buildings. The Department has the power to exercise all rights, powers, and duties vested by law in the Department of Public Works and Buildings and in the Director of Public Works and Buildings not otherwise expressly transferred to and vested in another department. (Source: P.A. 91‑239, eff. 1‑1‑00.)

    (20 ILCS 2705/2705‑125)(was 20 ILCS 2705/49.22)
    Sec. 2705‑125. Safety inspection of motor vehicles; transfer from various State agencies. The Department has the power to administer, exercise, and enforce the rights, powers, and duties presently vested in the Department of State Police and the Division of State Troopers under the Illinois Vehicle Inspection Law, in the Illinois Commerce Commission, in the State Board of Education, and in the Secretary of State under laws relating to the safety inspection of motor vehicles operated by common carriers, of school buses, and of motor vehicles used in the transportation of school children and motor vehicles used in driver exam training schools for hire licensed under Article IV of the Illinois Driver Licensing Law or under any other law relating to the safety inspection of motor vehicles of the second division as defined in the Illinois Vehicle Code.
(Source: P.A. 96‑740, eff. 1‑1‑10.)

(20 ILCS 2705/2705‑175) (was 20 ILCS 2705/49.24)     Sec. 2705‑175. State employees; effect of transfer to Department. The transfer to the Department of Transportation of employees of the Department of Public Works and Buildings or of any other department, office, or agency of the State shall not affect the status of those employees under civil service, merit service, the Personnel Code, or other laws relating to State employees. (Source: P.A. 91‑239, eff. 1‑1‑00.)

    (20 ILCS 2705/2705‑200)(was 20 ILCS 2705/49.16)
    Sec. 2705‑200. Master plan; reporting requirements.
    (a) The Department has the power to develop and maintain a continuing, comprehensive, and integrated planning process that shall develop and periodically revise a statewide master plan for transportation to guide program development and to foster efficient and economical transportation services in ground, air, water, and all other modes of transportation throughout the State. The Department shall coordinate its transportation planning activities with those of other State agencies and authorities and shall supervise and review any transportation planning performed by other Executive agencies under the direction of the Governor. The Department shall cooperate and participate with federal, regional, interstate, State, and local agencies, in accordance with Sections 5‑301 and 7‑301 of the Illinois Highway Code, and with interested private individuals and organizations in the coordination of plans and policies for development of the state's transportation system.
    To meet the provisions of this Section, the Department shall publish and deliver to the Governor and General Assembly by January 1, 1982 and every 2 years thereafter, its master plan for highway, waterway, aeronautic, mass transportation, and railroad systems. The plan shall identify priority subsystems or components of each system that are critical to the economic and general welfare of this State regardless of public jurisdictional responsibility or private ownership.
    The master plan shall provide particular emphasis and detail of at least the 5‑year period in the immediate future.
    Annual and 5‑year, or longer, project programs for each State system in this Section shall be published and furnished the General Assembly on the first Wednesday in April of each year.
    Identified needs included in the project programs shall be listed and mapped in a distinctive fashion to clearly identify the priority status of the projects: (1) projects to be committed for execution; (2) tentative projects that are dependent upon funding or other constraints; and (3) needed projects that are not programmed due to lack of funding or other constraints.
    All projects shall be related to the priority systems of the master plan, and the priority criteria identified. Cost and estimated completion dates shall be included for work required to complete a useable segment or component beyond the period of the program.
    (b) The Department shall publish and deliver to the Governor and General Assembly on the first Wednesday in April of each year a 5‑year, or longer, Highway Improvement Program reporting the number of fiscal years each project has been on previous plans submitted by the Department.
    (c) The Department shall publish and deliver to the Governor and the General Assembly by November 1 of each year a For the Record report that shall include the following:
        (1) All the projects accomplished in the previous

fiscal year listed by each Illinois Department of Transportation District.

(2) The award cost and the beginning dates of each

listed project.

(Source: P.A. 94‑91, eff. 7‑1‑05.)

(20 ILCS 2705/2705‑205) (was 20 ILCS 2705/49.21)     Sec. 2705‑205. Study of demand for transportation. The Department has the power, in cooperation with State universities and other research oriented institutions, to study the extent and nature of the demand for transportation and to collect and assemble information regarding the most feasible, technical and socio‑economic solutions for meeting that demand and the costs thereof. The Department has the power to report to the Governor and the General Assembly, by February 15 of each odd‑numbered year, the results of the study and recommendations based on the study.     The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report with the Speaker, the Minority Leader, and the Clerk of the House of Representatives and the President, the Minority Leader, and the Secretary of the Senate and the Legislative Research Unit, as required by Section 3.1 of the General Assembly Organization Act and by filing additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act. (Source: P.A. 91‑239, eff. 1‑1‑00.)

    (20 ILCS 2705/2705‑207)
    Sec. 2705‑207. (Repealed).
(Source: P.A. 93‑670, eff. 3‑19‑04. Repealed internally, eff. 1‑1‑05.)

(20 ILCS 2705/2705‑210) (was 20 ILCS 2705/49.15)     Sec. 2705‑210. Traffic control and prevention of accidents. The Department has the power to develop, consolidate, and coordinate effective programs and activities for the advancement of driver education, for the facilitation of the movement of motor vehicle traffic, and for the protection and conservation of life and property on the streets and highways of this State and to advise, recommend, and consult with the several departments, divisions, boards, commissions, and other agencies of this State in regard to those programs and activities. The Department has the power to aid and assist the counties, cities, towns, and other political subdivisions of this State in the control of traffic and the prevention of traffic accidents. That aid and assistance to counties, cities, towns, and other political subdivisions of this State shall include assistance with regard to planning, traffic flow, light synchronizing, preferential lanes for carpools, and carpool parking allocations. (Source: P.A. 91‑239, eff. 1‑1‑00.)

(20 ILCS 2705/2705‑215) (was 20 ILCS 2705/49.27)     Sec. 2705‑215. Cooperative utilization of equipment and services of governmental entities and not‑for‑profit organizations for the transportation needs in public service programs.     (a) The Department is directed to encourage and assist governmental entities, not‑for‑profit corporations, and nonprofit community service associations, between or among themselves, in the development of reasonable utilization of transportation equipment and operational service in satisfying the general and specialized public transportation needs.     The Department shall develop and encourage cooperative development, among all entities, of programs promoting efficient service and conservation of capital investment and energy and shall assist all entities in achieving their goals and in their applications for transportation grants under appropriate State or federal programs.     (b) Implementation of cooperative programs is to be developed within the meaning of the provisions of the Intergovernmental Cooperation Act. In the circumstances of nongovernmental entities, the Department shall be guided by that Act and any other State law in encouraging the cooperative programs between those entities.     (c) The Department shall report to the members of the General Assembly, by March 1 of each year, its successes, failures and progress in achieving the intent of this Section. The report shall also include identification of problems as well as the Department's recommendations. (Source: P.A. 91‑239, eff. 1‑1‑00.)

    (20 ILCS 2705/2705‑220)
    Sec. 2705‑220. Public private partnerships for transportation. The Department may exercise all powers granted to it under the Public Private Agreements for the Illiana Expressway Act.
(Source: P.A. 96‑913, eff. 6‑9‑10.)

(20 ILCS 2705/2705‑225) (was 20 ILCS 2705/49.02a)     Sec. 2705‑225. Air transportation for State officers and employees. The Department may provide air transportation for officers and employees of the offices, departments, and agencies of the State government and charge the office, department, or agency for that transportation. Charges for the transportation shall not exceed the expenses incurred and costs involved in providing air transportation and may include expenses for equipment, personnel, and operational expenses.     All requests for air transportation shall be made in writing and shall be signed by the executive officer or employee of the office, department, or agency.     Except as provided herein, all requests shall be filled in the following priority: (1) the Governor, (2) the Lieutenant Governor, (3) the legislative leaders of the General Assembly, specifically, the President and minority leader of the Senate and the Speaker and minority leader of the House of Representatives, (4) the Judges of the Supreme Court, (5) the Attorney General, (6) the Secretary of State, (7) the Comptroller, (8) the Treasurer, (9) other members of the General Assembly; and thereafter as provided by the Department. (Source: P.A. 91‑239, eff. 1‑1‑00.)

(20 ILCS 2705/2705‑240) (was 20 ILCS 2705/49.17)     Sec. 2705‑240. Grants for capital assistance. The Department has the power to administer the allocation of State monies appropriated as grants for capital assistance purposes in the manner prescribed by law. No transportation program administered by any other Executive agency under the direction of the Governor or project undertaken thereunder shall be eligible for capital assistance from the State until that program and project have been approved by the Department. (Source: P.A. 91‑239, eff. 1‑1‑00.)

    (20 ILCS 2705/2705‑245)(was 20 ILCS 2705/49.20)
    Sec. 2705‑245. Inspection of property and records of applicants for and recipients of assistance. The Department at reasonable times may inspect the property and examine the books, records, and other information relating to the nature or adequacy of services, facilities, or equipment of any municipality, district, or carrier that is receiving or has applied for assistance under this Law. It may conduct investigations and hold hearings within or without the State. This Section shall not affect the regulatory power of any other State or local agency with respect to transportation rates and services. Annual statements of assets, revenues, and expenses and annual audit reports shall be submitted to the Department by any municipality, district, or carrier receiving or applying for capital assistance from the State when requested by the Department as part of an inspection under this Section.
(Source: P.A. 96‑37, eff. 7‑13‑09.)

    (20 ILCS 2705/2705‑255)(was 20 ILCS 2705/49.14)
    Sec. 2705‑255. Appropriations from Build Illinois Bond Fund and Build Illinois Purposes Fund. Any expenditure of funds by the Department for interchanges, for access roads to and from any State or local highway in Illinois, or for other transportation capital improvements related to an economic development project pursuant to appropriations to the Department from the Build Illinois Bond Fund and the Build Illinois Purposes Fund shall be used for funding improvements related to existing or planned scientific, research, manufacturing, or industrial development or expansion in Illinois. In addition, the Department may use those funds to encourage and maximize public and private participation in those improvements. The Department shall consult with the Department of Commerce and Economic Opportunity prior to expending any funds for those purposes pursuant to appropriations from the Build Illinois Bond Fund and the Build Illinois Purposes Fund.
(Source: P.A. 94‑793, eff. 5‑19‑06.)

    (20 ILCS 2705/2705‑260)
    Sec. 2705‑260. Use of Illinois resident labor. To the extent permitted by any applicable federal law or regulation, for all work performed for State construction projects which are funded in whole or in part by a capital infrastructure bill enacted by the 96th General Assembly by sums appropriated to the Illinois Department of Transportation, at least 50% of the total labor hours must be performed by actual residents of the State of Illinois. For purposes of this Section, "actual residents of the State of Illinois" means persons domiciled in the State of Illinois. The Department of Labor shall promulgate rules providing for the enforcement of this Section.
(Source: P.A. 96‑37, eff. 7‑13‑09.)

(20 ILCS 2705/2705‑265) (was 20 ILCS 2705/49.33)     Sec. 2705‑265. Use of coal combustion by‑products. The Department shall, where economically feasible and safe, foster the use of coal combustion by‑products by specifying usage of these by‑products in road building materials and by developing and including specifications for their use in beds, fills, backfills, trenches, and embankments. (Source: P.A. 91‑239, eff. 1‑1‑00.)

    (20 ILCS 2705/2705‑275)(was 20 ILCS 2705/49.25j)
    Sec. 2705‑275. Grants for airport facilities. The Department may make grants to municipalities and airport authorities for the renovation, construction, and development of airport facilities. The grants may be made from funds appropriated for that purpose from the Build Illinois Bond Fund.
(Source: P.A. 94‑91, eff. 7‑1‑05.)

    (20 ILCS 2705/2705‑285)(was 20 ILCS 2705/49.06b)
    Sec. 2705‑285. Ports and waterways. The Department has the power to undertake port and waterway development planning and studies of port and waterway development problems and to provide technical assistance to port districts and units of local government in connection with port and waterway development activities. The Department may provide financial assistance for the ordinary and contingent expenses of port districts upon the terms and conditions that the Department finds necessary to aid in the development of those districts.
    The Department shall coordinate all its activities under this Section with the Department of Commerce and Economic Opportunity.
(Source: P.A. 94‑793, eff. 5‑19‑06.)

(20 ILCS 2705/2705‑300) (was 20 ILCS 2705/49.18)     Sec. 2705‑300. Powers concerning mass transportation. The Department has the power to do the following:     (1) Advise and assist the Governor and the General Assembly in formulating (i) a mass transportation policy for the State, (ii) proposals designed to help meet and resolve special problems of mass transportation within the State, and (iii) programs of assistance for the comprehensive planning, development, and administration of mass transportation facilities and services.     (2) Appear and participate in proceedings before any federal, State, or local regulatory agency involving or affecting mass transportation in the State.     (3) Study mass transportation problems and provide technical assistance to units of local government.     (4) Encourage experimentation in developing new mass transportation facilities and services.     (5) Recommend policies, programs, and actions designed to improve utilization of mass transportation services.     (6) Cooperate with mass transit districts and systems, local governments, and other State agencies in meeting those problems of air, noise, and water pollution associated with transportation.     (7) Participate fully in a statewide effort to improve transport safety.     (8) Conduct by contract or otherwise technical studies, and demonstration and development projects which shall be designed to test and develop methods for increasing public use of mass transportation and for providing mass transportation in an efficient, coordinated, and convenient manner.     (9) Make applications for, receive, and make use of grants for mass transportation.     (10) Make grants for mass transportation from the Transportation Fund pursuant to the standards and procedures of Sections 2705‑305 and 2705‑310. (Source: P.A. 91‑239, eff. 1‑1‑00.)

    (20 ILCS 2705/2705‑305)
    Sec. 2705‑305. Grants for mass transportation.
    (a) For the purpose of mass transportation grants and contracts, the following definitions apply:
     "Carrier" means any corporation, authority, partnership, association, person, or district authorized to provide mass transportation within the State.
     "District" means all of the following:
        (i) Any district created pursuant to the Local Mass

Transit District Act.

(ii) The Authority created pursuant to the

Metropolitan Transit Authority Act.

(iii) Any authority, commission, or other entity

that by virtue of an interstate compact approved by Congress is authorized to provide mass transportation.

(iv) The Authority created pursuant to the Regional

Transportation Authority Act.

"Facilities" comprise all real and personal property used in or appurtenant to a mass transportation system, including parking lots.     "Mass transportation" means transportation provided within the State of Illinois by rail, bus, or other conveyance and available to the general public on a regular and continuing basis, including the transportation of handicapped or elderly persons as provided more specifically in Section 2705‑310.     "Unit of local government" means any city, village, incorporated town, or county.     (b) Grants may be made to units of local government, districts, and carriers for the acquisition, construction, extension, reconstruction, and improvement of mass transportation facilities. Grants shall be made upon the terms and conditions that in the judgment of the Secretary are necessary to ensure their proper and effective utilization.     (c) The Department shall make grants under this Law in a manner designed, so far as is consistent with the maintenance and development of a sound mass transportation system within the State, to: (i) maximize federal funds for the assistance of mass transportation in Illinois under the Federal Transit Act and other federal Acts; (ii) facilitate the movement of persons who because of age, economic circumstance, or physical infirmity are unable to drive; (iii) contribute to an improved environment through the reduction of air, water, and noise pollution; and (iv) reduce traffic congestion.     (d) The Secretary shall establish procedures for making application for mass transportation grants. The procedures shall provide for public notice of all applications and give reasonable opportunity for the submission of comments and objections by interested parties. The procedures shall be designed with a view to facilitating simultaneous application for a grant to the Department and to the federal government.     (e) Grants may be made for mass transportation projects as follows:         (1) In an amount not to exceed 100% of the

nonfederal share of projects for which a federal grant is made.

(2) In an amount not to exceed 100% of the net

project cost for projects for which a federal grant is not made.

(3) In an amount not to exceed five‑sixths of the

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