Sen. Martin A. Sandoval

Filed: 4/11/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 959

2    AMENDMENT NO. ______. Amend Senate Bill 959 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 18c-4201, 18c-4203, and 18c-4204 as follows:
 
6    (625 ILCS 5/18c-4201)  (from Ch. 95 1/2, par. 18c-4201)
7    Sec. 18c-4201. Licensing cases.
8    (1) Scope of Section. The provisions of this Chapter
9relating to household goods carrier licensing apply to
10applications:
11        (a) For a license authorizing a carrier to operate as
12    an intrastate household goods carrier;
13        (b) To transfer a certificate, permit, or license or to
14    change the name on a certificate, permit, or license; and
15        (c) To convert household goods contract carrier
16    authority to household goods common carrier authority.

 

 

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1    (2) Form and content of household goods carrier licensing
2applications. Household goods carrier licensing applications
3shall be on such forms and contain such information as may be
4prescribed by the Commission, be verified under oath, and shall
5be accompanied by the required filing fee.
6    (3) Public notice of applications.
7        (a) Review of applications prior to publication. The
8    Commission may provide for preliminary review of each
9    application to determine if it is complete, if it gives
10    adequate notice, and if the authority requested is
11    unenforceably vague or otherwise contrary to the
12    provisions of this Chapter.
13        (b) Authorization to submit application for
14    publication. If the Commission determines after review
15    that the application is defective in any respect, it shall
16    promptly notify the applicant. No application shall be
17    submitted to the official newspaper for publication until
18    after it has been approved for publication, if the
19    Commission has provided for preliminary review. If the
20    Commission does not find that the application is defective,
21    or if it finds that any defects have been removed by
22    amendment, the applicant shall be permitted to submit the
23    application to the official newspaper for publication. The
24    Commission shall complete its review and notify the
25    applicant within 15 days after filing of the application.
26        (c) Additional notice prescribed by the Commission.

 

 

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1    The Commission may direct applicant to give such further
2    notice in connection with its application as the Commission
3    deems necessary. The Commission may, itself, give such
4    additional notice as it deems necessary.
5    (4) Hearing on licensing applications.
6        (a) Participation at hearing. Any person having
7    standing to participate under this Chapter may appear and
8    participate in a hearing before the Commission to the
9    extent of its standing, provided that the person has
10    complied with Commission regulations concerning the filing
11    of petitions for leave to intervene and like pleadings.
12    Petitions for leave to intervene must be filed within 15
13    days after publication, unless the Commission provides for
14    filing at a later date. The Commission may permit
15    additional persons to appear and participate, on such terms
16    as the Commission shall prescribe, where such
17    participation is deemed necessary to an informed and just
18    resolution of the issues in the proceeding. No shipper
19    representative shall be permitted to testify in support of
20    an application for a motor common carrier certificate or a
21    motor contract carrier permit on the issue of need for
22    service unless:
23            (i) A supporting statement was filed on behalf of
24        the shipper at least 10 days prior to the date of
25        testimony; and
26            (ii) If the supporting statement was not filed with

 

 

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1        the application, the statement was served on all
2        parties of record at least 10 days prior to the date of
3        testimony.
4        (b) Setting, notice, and hearing. Notwithstanding any
5    contrary provisions in Section 18c-2101 of this Chapter, a
6    hearing shall be held on each licensing application to
7    determine that the requirements of this Chapter have been
8    satisfied, except as otherwise provided in Section
9    18c-4306 of this Chapter. The Commission shall set the
10    hearing at a time not less than 15 days after publication
11    in the official newspaper. The Commission shall serve
12    notice of hearing on each party of record.
13        (c) Issuance of orders after hearing. The Commission
14    may issue summary orders in cases where the licensing
15    application was not opposed in a timely pleading addressed
16    to the Commission, or was opposed in a timely pleading but
17    such opposition was later withdrawn or the parties in
18    opposition waived all right to other than a summary order.
19    Summary orders shall be issued within 10 days after the
20    close of oral hearing or such other period as the
21    Commission may prescribe. Where a party requests, in a
22    properly filed motion for reconsideration or rehearing, a
23    detailed statement of findings and conclusions, the
24    Commission shall vacate the summary order and issue a new
25    order in accordance with Sub-chapters 1 and 2 of this
26    Chapter. Otherwise, orders shall be issued in accordance

 

 

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1    with provisions of Sub-chapters 1 and 2 of this Chapter.
2(Source: P.A. 89-444, eff. 1-25-96.)
 
3    (625 ILCS 5/18c-4203)  (from Ch. 95 1/2, par. 18c-4203)
4    Sec. 18c-4203. Household goods contract carrier permits.
5    (1) Prerequisite to operation as a household goods contract
6carrier. No person shall operate as a household goods contract
7carrier of property unless such person possesses a household
8goods contract carrier permit issued by the Commission and in
9good standing.
10    (2) Requirements for issuance.
11        (a) General requirements. The Commission shall grant
12    an application for a household goods contract carrier
13    permit, in whole or in part, to the extent that it finds
14    that the application was properly filed; supporting
15    shippers need the proposed service; the applicant is fit,
16    willing and able to provide the service in compliance with
17    this Chapter, Commission regulations and orders; and
18    issuance of the permit will be consistent with the public
19    interest. Otherwise, the application shall be denied. The
20    burden of proving that the requirements for issuance of a
21    household goods contract carrier permit have been met shall
22    be borne by the applicant.
23        (b) Conversion to household goods common carrier
24    authority. The Commission may, at the request of the
25    holder, authorize the conversion of household goods

 

 

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1    contract carrier authority to household goods common
2    carrier authority, subject to the same terms, conditions,
3    limitations, and regulations as other household goods
4    common carriers.
5        (c) Cancellation and non-renewal of contracts.
6    Cancellation or non-renewal of a contract, or failure to
7    keep on file with the Commission a copy of a valid
8    contract, shall render a permit void with regard to the
9    involved shipper.
10    (3) Duties and practices of household goods contract
11carriers.
12        (a) Services. Household goods contract carriers shall
13    provide safe and adequate transportation service to their
14    contracting shippers within the scope of their authorities
15    and contracts and in compliance with this Chapter,
16    Commission regulations and orders.
17        (b) Contracts. Each household goods contract carrier
18    shall file with the Commission a copy of each contract
19    executed under authority of its permit, and shall provide
20    no service except in accordance with contracts on file with
21    the Commission. The Commission may, at any time, reject
22    contracts filed with it which do not comply with the
23    provisions of this Chapter, Commission regulations and
24    orders.
25(Source: P.A. 89-444, eff. 1-25-96.)
 

 

 

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1    (625 ILCS 5/18c-4204)  (from Ch. 95 1/2, par. 18c-4204)
2    Sec. 18c-4204. Standards to be considered in issuing common
3and contract household goods carrier licenses. The Commission
4shall exercise its discretion in regard to issuance of common
5carrier of household goods or contract carrier of household
6goods licenses in accordance with standards enumerated in this
7Section.
8    (1) Standards relevant to both common and contract
9household goods carrier licenses. In determining whether to
10issue a common carrier of household goods certificate or a
11contract carrier of household goods permit under Sections
1218c-4202 and 18c-4203 of this Chapter, the Commission shall
13consider, in addition to other standards enumerated in this
14Chapter:
15        (a) (Blank) The characteristics of the supporting
16    shipper or shippers transportation needs, including the
17    total volume of shipments, the amounts handled by existing
18    authorized carriers and others, the amounts which would be
19    tendered to the applicant, the nature and location of
20    points where traffic would be picked up and delivered, and
21    any special transportation needs of the supporting shipper
22    or shippers or their receiver or receivers;
23        (b) The existing authorized carriers' services,
24    including the adequacy of such services and the effect
25    which issuance of a new certificate or permit would have on
26    such services;

 

 

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1        (c) (Blank) The proposed service, and whether it would
2    meet the needs of the supporting shipper or shippers;
3        (d) Any evidence bearing on the fitness, willingness,
4    or ability of the applicant, including but not limited to
5    any past history of violations of this Chapter, Commission
6    regulations or orders, whether or not such violations were
7    the subject of an enforcement proceeding; and
8        (e) The effect which issuing the certificate or permit
9    would have on the development, maintenance and
10    preservation of the highways of this State for commercial
11    and other public use.
12    (2) Additional standards relevant to household goods
13contract carrier licenses. In determining whether to issue a
14household goods contract carrier permit under Section 18c-4203
15of this Chapter, the Commission shall consider, in addition to
16standards enumerated in subsection (1) of this Section or
17elsewhere in this Sub-chapter:
18        (a) Whether the proposed service is contract carrier
19    service; and
20        (b) The effect which failure to issue the permit would
21    have on the supporting shipper or shippers.
22    (3) Standards not relevant to either household goods common
23or household goods contract carrier licenses. In determining
24whether to issue a household goods common carrier certificate
25or a household goods contract carrier permit under Sections
2618c-4202 and 18c-4203 of this Chapter, the Commission shall not

 

 

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1consider:
2        (a) The mere preference of the supporting shipper or
3    shippers or their receiver or receivers for the applicant's
4    service; or
5        (b) Any illegal operations of the applicant as evidence
6    of shipper need or the inadequacy of existing carriers'
7    services.
8(Source: P.A. 89-444, eff. 1-25-96.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".