HB6759 93RD GENERAL ASSEMBLY

LRB093 19228 RXD 44963 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6759

Introduced 02/09/04, by Dave Winters

SYNOPSIS AS INTRODUCED:

625 ILCS 5/18c-4501

from Ch. 95 1/2, par. 18c-4501

Amends the Illinois Vehicle Code. Provides that the Illinois Commerce Commission shall require any household goods carrier engaged in the business of transporting used household goods and personal effects by motor vehicle in this State to provide each consumer with a completed copy of a notice 3 days in advance of the move setting forth the "Not to Exceed" contract amount.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning vehicles.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by adding Section 18c-4501 as follows:

(625 ILCS 5/18c-4501) (from Ch. 95 1/2, par. 18c-4501)

Sec. 18c-4501. Jurisdiction and power of the Commission.

(1) Power to set rates. The Commission shall have jurisdiction and power to set the maximum or minimum, or maximum and minimum, lawful rates for intrastate service by common carriers of household goods, to set the minimum lawful rates for contract carriers of household goods, and to prescribe the form and content of tariffs and schedules containing such rates.

(1.5) Power to prescribe forms. The Commission shall require that any household goods carrier engaged in the business of transporting used household goods and personal effects by motor vehicle in this State provide each consumer with a completed copy of the notice set forth in this Section. The notice shall be printed in at least 12-point type, except the title and first 2 paragraphs, which shall be printed in boldface type, and provided to each consumer at least 3 days prior to the date scheduled for the transportation of household goods or personal effects. If the consumer requests services on a date that is less than 3 days before the scheduled date for transportation of the household goods or personal effects, the carrier shall provide the notice as soon as practicable, but in no event may the carrier commence any services until the consumer has signed and received a signed copy of the notice. The carrier shall obtain sufficient information from the consumer to fill out the form and shall include the correct maximum amount and a sufficient description of services that will be performed. The carrier shall retain a copy of the notice, signed by the consignor, for at least 3 years from the date the notice was signed by the consumer.

The "Not To Exceed" amount set forth in the notice and the agreement between the household goods carrier and the consumer shall be the maximum total dollar amount for which the consumer may be liable for the transportation of household goods and personal effects and any additional services ordered by the consumer, including any bona fide change order permitted under the Commission's rules and tariffs, and agreed to by the consumer before any goods or personal effects are moved from their location or any other services are performed.

A household goods carrier shall provide the notice set forth in this Section as a separate document. The notice provided to the consumer shall be in the following form:

"IMPORTANT NOTICE ABOUT YOUR MOVE"

IT IS VERY IMPORTANT THAT YOU ONLY AGREE TO A "NOT TO EXCEED" AMOUNT THAT YOU THINK IS A PROPER AND REASONABLE FEE FOR THE SERVICES YOU ARE REQUESTING. THE "NOT TO EXCEED" AMOUNT THIS CARRIER IS REQUESTING IS (specific amount) to perform the following services (specific services):

IF YOU DO NOT AGREE TO THE "NOT TO EXCEED" AMOUNT LISTED OR THE DESCRIPTION OF SERVICES, YOU HAVE THE RIGHT TO REFUSE THE CARRIER'S SERVICE AT NO CHARGE TO YOU.

If you request additional or different services at the time of the move, you may be asked to complete a Change Order which will set forth your agreement to pay for additional fees for those newly requested services. If you agree to the additional charges on that Change Order, those charges may be added to the "NOT TO EXCEED" amount set forth above. If you do not agree to the amounts listed in the Change Order, you should not sign it and may refuse the carrier's services.

A carrier cannot refuse to release your goods once you have paid the "NOT TO EXCEED" amount for the transportation of your goods and personal effects and any additional services that you have agreed to in writing. The "NOT TO EXCEED" amount must be reasonable. A carrier cannot, under any circumstances, withhold food, medicine, medical devices, items to treat or assist a disabled person, or items used for care of a minor child. An unlicensed carrier has no right to withhold your goods for any reason including claims that you have not adequately paid for services rendered. I have completed this form and provided the consumer with a copy of this notice (signature).

I have been provided with a copy of this form (signature).".

(2) Power to Establish Ratemaking Procedures. The Commission may establish procedures for the filing, publication, investigation, suspension and prescription of rates. The Commission may provide that rates for particular services will go into effect unless suspended by the Commission, or may require that rates for such services be approved by the Commission before going into effect.

(Source: P.A. 89-444, eff. 1-25-96.)