Full Text of HB1358 94th General Assembly
HB1358 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1358
Introduced 02/09/05, by Rep. Joseph M. Lyons - David E. Miller - Ronald A. Wait - Michael P. McAuliffe SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/18c-2102 |
from Ch. 95 1/2, par. 18c-2102 |
625 ILCS 5/18c-2106 |
from Ch. 95 1/2, par. 18c-2106 |
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Amends Illinois Vehicle Code provisions regarding hearings before the Illinois Commerce Commission. Provides that, in any case involving the licensing of a motor carrier of passengers, if an airport is a point to be served by that carrier, notice of an application for a license or transfer of a license must be served on the corporation counsel or chief legal officer of any municipality or other political subdivision operating the airport and on the agent for service of process in Illinois of any motor carrier possessing a license authorizing all or part of the service for which the license is sought. Provides that the municipality or other political subdivision operating the airport has standing to participate in the hearing on issuance or transfer of the license.
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A BILL FOR
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HB1358 |
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LRB094 10140 DRH 40402 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 18c-2102 and 18c-2106 as follows:
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| (625 ILCS 5/18c-2102) (from Ch. 95 1/2, par. 18c-2102)
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| Sec. 18c-2102. Hearings in other than household goods | 8 |
| carrier
authority cases.
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| (1) Hearing required.
Except as otherwise provided in | 10 |
| subsection (2) of this Section,
and in Section 18c-2108 of this | 11 |
| Chapter the Commission shall, in other than
household goods | 12 |
| carrier authority cases,
issue orders granting
authority or | 13 |
| other relief, prescribing rates, imposing
sanctions, or | 14 |
| directing that a person take, continue to take,
refrain from | 15 |
| taking or cease and desist from continuing to
take any action, | 16 |
| only after notice and hearing in accordance
with the rules of | 17 |
| practice applicable to proceedings under
this Chapter.
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| (1.1) Service of notice in a case involving a motor carrier | 19 |
| of passengers. In any case involving a motor carrier of | 20 |
| passengers, if an airport is a point to be served, in addition | 21 |
| to public notice by publication, notice of an application for a | 22 |
| license or transfer of a license must be served by certified | 23 |
| mail, return receipt requested, on (i) the corporation counsel | 24 |
| or chief legal officer of any municipality or other political | 25 |
| subdivision operating the airport and (ii) the agent for | 26 |
| service of process in Illinois of any motor carrier possessing | 27 |
| a license under Section 18c-6201 authorizing all or part of the | 28 |
| service for which authority is sought under Section 18c-6201 of | 29 |
| this Chapter.
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| (2) Hearing not required. Except as otherwise provided in | 31 |
| Section
18c-2108 of this Chapter,
the Commission may, in other | 32 |
| than household goods carrier authority
cases, conduct its |
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HB1358 |
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LRB094 10140 DRH 40402 b |
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| review and issue orders
without hearing, the taking of | 2 |
| evidence, or the making of a
record where action taken in the | 3 |
| order:
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| (a) Was not opposed in a timely pleading addressed to | 5 |
| the
Commission;
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| (b) Was opposed in a timely pleading, but such | 7 |
| opposition
was later withdrawn or the parties in opposition | 8 |
| waived
further hearing and taking of evidence;
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| (c) Was taken on an emergency temporary or interim | 10 |
| basis in
accordance with Section 18c-2108 of this Chapter; | 11 |
| or
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| (d) Is interlocutory in nature.
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| (3) Section not applicable to household goods carrier | 14 |
| authority cases.
Nothing in this Section shall have application | 15 |
| to any household goods
carrier authority case.
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| (Source: P.A. 89-444, eff. 1-25-96.)
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| (625 ILCS 5/18c-2106) (from Ch. 95 1/2, par. 18c-2106)
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| Sec. 18c-2106. Standing.
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| (1) General Provisions. Each person with an
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| administratively cognizable interest in a
proceeding before | 21 |
| the Commission shall, upon compliance with
procedural rules | 22 |
| adopted by the Commission for such
proceedings, be entitled to | 23 |
| appear and participate as a party to
the proceeding. The | 24 |
| Commission may, in addition, grant leave
to appear and | 25 |
| participate on such terms as it may
prescribe, where to do so | 26 |
| would assist the Commission in
reaching an informed and just | 27 |
| decision in the proceeding.
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| (2) Definition of Administratively Cognizable Interest.
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| The following persons or entities shall be deemed to have an
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| administratively cognizable interest in proceedings under
this | 31 |
| Chapter:
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| (a) Licensing Proceedings.
A person or an entity shall | 33 |
| be deemed to have an administratively
cognizable interest | 34 |
| in a proceeding in which an
application for a new, amended, | 35 |
| or extended intrastate
license is under consideration only |
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HB1358 |
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| if:
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| (i) The person possesses a license authorizing all | 3 |
| or
part of the service for which authority is sought,
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| such license is in good standing, and the person has
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| transported or actively solicited traffic or both | 6 |
| within
the scope of the application during the 12
month | 7 |
| period immediately preceding initiation of the
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| proceeding; or
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| (ii) The proceeding involves an application for a | 10 |
| household goods
carrier license and the person is an | 11 |
| organization
representing employees
of a household | 12 |
| goods carrier ; or . | 13 |
| (iii) The entity is a municipality or other | 14 |
| political subdivision operating an airport that is a | 15 |
| point to be served for the license under consideration.
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| (b) Rate Proceedings.
A person shall be deemed to have | 17 |
| an administratively
cognizable interest in a proceeding in | 18 |
| which new or
amended rates are under consideration only if | 19 |
| the person
is:
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| (i) A carrier authorized to transport traffic such | 21 |
| as
would be subject to or affected by the rates;
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| (ii) A shipper or receiver of traffic such as would | 23 |
| be
subject to or affected by the rates;
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| (iii) An association of two or more carriers, | 25 |
| acting at the
request of and on behalf of one or more | 26 |
| carriers
authorized to transport traffic such as would | 27 |
| be
subject to or affected by the rates; or an
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| association of two or more shippers or receivers
acting | 29 |
| at the request of and on behalf of one or
more shippers | 30 |
| or receivers of such traffic; or
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| (iv) An organization representing employees of a | 32 |
| household goods
carrier.
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| (c) Proceedings to Transfer a License.
A person shall | 34 |
| be deemed to have an administratively
cognizable interest | 35 |
| in a proceeding to transfer
an intrastate license only if | 36 |
| the person:
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| (i) Has an ownership interest in or control of the
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| license which is the subject of the proceeding;
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| (ii) Would, if the proposed transfer is approved, | 4 |
| acquire
ownership or control of the license which is | 5 |
| the
subject of the proceeding;
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| (iii) Possesses a license authorizing all or part | 7 |
| of the
service authorized by the license sought to be
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| transferred, such license is in good standing, and
the | 9 |
| person or entity has transported or actively
solicited | 10 |
| traffic within the scope of the license
sought to be | 11 |
| transported during the 12
months period immediately | 12 |
| preceding initiation of
the proceeding;
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| (iv) Would be directly affected by the transfer; or
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| (v) Is an organization representing employees of a | 15 |
| household goods
carrier ; or . | 16 |
| (vi) Is a municipality or other political | 17 |
| subdivision operating an airport that is a point to be | 18 |
| served for the license under consideration.
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| (d) Complaint and Enforcement Proceedings.
A person | 20 |
| shall be deemed to have an administratively
cognizable | 21 |
| interest in a complaint proceeding if the
person:
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| (i) Has an ownership interest in or control of the
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| license which is the subject of the proceeding;
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| (ii) Would be directly and adversely affected by | 25 |
| failure
to grant relief sought in the complaint or
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| enforcement action and such adverse effect is
contrary | 27 |
| to the purposes of this Chapter; or
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| (iii) Is an organization representing employees of | 29 |
| a household
goods carrier of property.
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| (e) All Proceedings.
Notwithstanding the provisions of | 31 |
| subsections (2) (a)
through (2) (d) of this Section, a | 32 |
| person shall be deemed
to have an administratively | 33 |
| cognizable interest in a
proceeding other than a complaint | 34 |
| proceeding if the
person:
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| (i) Filed the pleading pursuant to which the
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| proceeding was initiated; or
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LRB094 10140 DRH 40402 b |
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| (ii) Is an organization representing employees of | 2 |
| a
household goods carrier.
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| (Source: P.A. 89-444, eff. 1-25-96.)
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