Full Text of HB2284 96th General Assembly
HB2284eng 96TH GENERAL ASSEMBLY
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LRB096 11075 RCE 21400 b |
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| AN ACT concerning warehouses.
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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 Personal Property Storage Act is amended by | 5 |
| changing Sections 1, 1.1, 2, 4, 5, 6, 7, 8, 10, 12, 14, 15, 16, | 6 |
| 17, 19, and 20 and by adding Sections 15.5, 15.6, 19.5, 20.1 | 7 |
| and 20.2 as follows:
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| (240 ILCS 10/1) (from Ch. 111 2/3, par. 119)
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| Sec. 1.
No person shall operate a warehouse or engage in | 10 |
| the business
of storing personal property for a compensation, | 11 |
| or hold himself out as
being in the storage or warehouse | 12 |
| business, or as offering storage or
warehouse facilities, or | 13 |
| advertise for, solicit or accept personal
property for storage, | 14 |
| without a license issued by the Commission Illinois
Department | 15 |
| of Agriculture , except that licenses issued under this Act by
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| the Illinois Commerce Commission prior to May 4, 1967 shall | 17 |
| remain valid
for all purposes unless such license is | 18 |
| terminated, surrendered or
revoked as provided in this Act , and | 19 |
| except further that licenses issued by the Illinois Department | 20 |
| of Agriculture under this Act prior to January 1, 2010 shall | 21 |
| remain valid for all purposes unless such license is | 22 |
| terminated, surrendered, or revoked as provided in this Act . | 23 |
| Recognized fair associations shall be
licensed as set forth |
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| under the special provisions of Section 1.1. No
person shall | 2 |
| receive, hold, store or deliver any alcoholic liquors
without a | 3 |
| certificate of registration from the Department of Revenue in
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| accordance with Article VII A of "An Act relating to alcoholic | 5 |
| liquors",
approved January 31, 1934, as heretofore and | 6 |
| hereafter amended. The
certificate of registration required by | 7 |
| the Department of Revenue is in
addition to the license | 8 |
| required under this Act. This Act does not apply
to warehouses | 9 |
| licensed under "An Act to regulate refrigerated warehouses
in | 10 |
| the handling and storage of certain articles of food, and to | 11 |
| repeal
an Act therein named", approved May 25, 1955, as now or | 12 |
| hereafter
amended; public warehouses storing grain; garages | 13 |
| customarily housing
automobiles for in and out storage; storage | 14 |
| of personal property in
safety deposit vaults or boxes, lock | 15 |
| boxes, and check rooms where
personal effects, parcels and the | 16 |
| like are received for temporary
custody; and to the storage of | 17 |
| personal property while it is being held
in storage for | 18 |
| scientific care for repairs or alterations, or is in the
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| process of repair or alteration, or which is incidental to the | 20 |
| business
of manufacturing, selling, repairing, altering, | 21 |
| cleaning, or glazing of
furs or of any other garment or article | 22 |
| of which fur forms any part
thereof.
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| (Source: P.A. 81-158.)
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| (240 ILCS 10/1.1) (from Ch. 111 2/3, par. 119.1)
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| Sec. 1.1.
Governmental fairs as set forth under the |
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| Agricultural Fairs
Act and the Illinois State Fair which store
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| personal property for compensation or hold themselves out as | 3 |
| offering storage
or storage facilities for personal property | 4 |
| shall be licensed under a limited
special governmental fairs | 5 |
| license. This special license shall be issued
for personal | 6 |
| property other than goods, wares, household goods, furniture
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| and merchandise and shall be of the type of personal property | 8 |
| as set forth by regulation
of the Commission Department . | 9 |
| Personal property stored by these licensees shall be
primarily | 10 |
| boats, farm machinery and other similar tangible personal | 11 |
| property
as authorized by regulation of the Commission | 12 |
| Department . Each licensee shall have
a signed contract with | 13 |
| each depositor on forms as prescribed by the Commission | 14 |
| Department
and shall also comply with Section 10. If such | 15 |
| licensee does not have a
bond or legal liability policy as set | 16 |
| forth in Section 6, then the receipt
shall have stamped across | 17 |
| its face in bold type "Not Insured." If a licensee
under this | 18 |
| Section complies with the requirements of Section 6, the | 19 |
| licensee
shall provide to the Commission Department evidence of | 20 |
| such compliance as required
in Section 6 of this Act. A | 21 |
| governmental fairs licensee shall comply with
all other | 22 |
| requirements of this Act.
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| (Source: P.A. 81-158.)
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| (240 ILCS 10/2) (from Ch. 111 2/3, par. 120)
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| Sec. 2. Definitions. When used in this Act:
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| The term "Commission" means the Illinois Commerce | 2 |
| Commission. | 3 |
| The term "warehouse" means any room, house, structure, | 4 |
| building, place,
yard or protected enclosure where personal | 5 |
| property belonging to another is
stored for a compensation.
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| The term "personal property" means all goods, wares, | 7 |
| household goods,
furniture, merchandise, or any other tangible | 8 |
| personal property, of
whatever kind, except that "grain" as | 9 |
| defined in "The Public Grain
Warehouse and Warehouse Receipts | 10 |
| Act" is not included.
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| The term "Department" means the Illinois Department of | 12 |
| Agriculture.
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| The term "operator", "warehouseman", or "personal property
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| warehouseman" means any person, firm,
partnership, | 15 |
| association, or corporation owning, controlling, operating,
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| managing or leasing any room, house, structure, building, | 17 |
| place, yard or
protected enclosure in or on which personal | 18 |
| property is stored for a
compensation within this State.
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| The term "person" means any individual, firm, partnership, | 20 |
| association
or corporation.
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| The term "depositor" means any person, who, for himself or | 22 |
| another,
delivers or causes to be delivered for storage any | 23 |
| personal property in and
to a warehouse.
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| The term "for a compensation" means direct or indirect | 25 |
| charge for
storage.
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| The term "lot" means the unit or units of property for |
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| which a separate
account is kept by the warehouseman.
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| The term "storage" means the safe keeping of personal | 3 |
| property in a
warehouse.
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| The term "engaged in the business of storing personal | 5 |
| property" means
any person who holds himself out, by any means | 6 |
| whatever, as accepting, or
willing to accept, personal property | 7 |
| for storage.
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| The term "receipt" means a warehouse receipt issued in | 9 |
| conformity with
the "Uniform Commercial Code", as heretofore | 10 |
| and hereafter amended.
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| The term "warehouse representative" or "warehouse broker" | 12 |
| means any
person who, independently and not as a salaried agent | 13 |
| of a duly licensed
warehouseman, for a consideration, solicits, | 14 |
| sells or otherwise attempts to
procure deposits of personal | 15 |
| property in personal property warehouses.
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| (Source: P.A. 83-1065.)
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| (240 ILCS 10/4) (from Ch. 111 2/3, par. 122)
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| Sec. 4. Applications. No person shall engage in business as | 19 |
| a personal property warehouseman
in the State of Illinois | 20 |
| without a license therefor issued by the Commission Department .
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| The application for a license to engage in business
as a | 22 |
| personal property warehouseman shall be filed with the | 23 |
| Commission Department .
Such application shall set forth the | 24 |
| name of the applicant, the principal
officers if the applicant | 25 |
| is a corporation , the managers (if manager-managed) or the |
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| members (if member-managed), if the applicant is a limited | 2 |
| liability company, or the active members of a
partnership if | 3 |
| the applicant is a partnership, the location of the principal
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| office or place of business of the applicant and the location | 5 |
| or locations
in this State at which the applicant proposes to | 6 |
| engage in business as a
personal property warehouseman, and | 7 |
| such additional information as the Commission Department ,
by | 8 |
| regulation, may require. The application shall also set forth | 9 |
| the
location, character, and description of the building or | 10 |
| place of the
proposed warehouse, the kind of property, goods, | 11 |
| ware, and merchandise
expected to be stored therein, and the | 12 |
| approximate number of square feet of
floor space, or, if | 13 |
| applicable, the total cubic capacity devoted to storage
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| purposes. The Commission Department shall require information
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| showing that the
property to be used is reasonably suitable for | 16 |
| warehouse purposes, that the
applicant is qualified to conduct | 17 |
| the business of storing personal property
under this Act, and | 18 |
| the applicant proposes to conduct the business in
accordance | 19 |
| with the laws of this State and the rules and regulations of | 20 |
| the Commission
Department .
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| (Source: P.A. 83-1065.)
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| (240 ILCS 10/5) (from Ch. 111 2/3, par. 123)
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| Sec. 5. Inspections. Upon the filing of an application, the | 24 |
| Commission Department shall cause an
inspection to be made of | 25 |
| each the warehouse described in the application.
Additional |
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| inspections of any warehouse may be made from time to time as
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| the Commission Department deems necessary, in order to | 3 |
| effectuate the purposes of this
Act.
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| Such inspection or inspections may include not only the | 5 |
| building or
premises used for storage purposes but the | 6 |
| arrangement of the goods stored,
nature of goods stored, safety | 7 |
| of the building, accessibility to goods
stored, precaution | 8 |
| against fire hazards; whether fire extinguishers, fire
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| apparatus, or hose are in good condition; whether all lots for | 10 |
| which
warehouse receipts have been issued are in storage; and | 11 |
| any other things
necessary to determine whether the warehouse | 12 |
| is being operated in
compliance with this Act. Commission staff | 13 |
| The inspector shall have the right to enter the
property of any | 14 |
| warehouseman at any reasonable time, for the purpose of
making | 15 |
| an inspection or performing any duties in connection with this | 16 |
| Act.
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| If the inspection of any warehouse discloses a hazardous | 18 |
| condition or
conditions or any other violation of this Act or | 19 |
| the Commission's rules , the operator shall, upon written notice | 20 |
| from the Commission Department ,
take proper and immediate steps | 21 |
| to correct the condition or conditions.
Failure to comply with | 22 |
| the notice shall be grounds for rejecting an
application or for | 23 |
| revoking a license.
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| (Source: P.A. 83-1065.)
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| (240 ILCS 10/6) (from Ch. 111 2/3, par. 124)
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| Sec. 6. Bond or legal liability insurance policy. Prior to | 2 |
| the issuance of a license, the personal property warehouseman
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| shall file with the Commission
Department a surety bond, or | 4 |
| legal liability insurance policy on a
form prescribed by the | 5 |
| Commission Department , signed by the warehouseman as principal
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| and by a responsible company authorized to execute surety bonds | 7 |
| within the
State of Illinois. The bond
shall contain provisions | 8 |
| for faithful performance by the applicant of
his duties as a | 9 |
| warehouseman in accordance with this Act, the rules and
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| regulations thereof, and the "Uniform Commercial Code", as now | 11 |
| or
hereafter amended. Such bond shall also contain provisions | 12 |
| for the
payment of any loss or damage sustained by any | 13 |
| depositor of property
stored.
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| The amount of such bond or insurance policy shall be in the | 15 |
| amount set by the Commission by rule. is determined upon the | 16 |
| following basis:
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| For less than 20,000 net square feet of floor space or for | 18 |
| less than
50,000 net cubic feet of volume devoted to the | 19 |
| storage of personal
property, $5,000;
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| For 20,000 and less than 50,000 net square feet of floor | 21 |
| space or for
50,000 and less than 100,000 net cubic feet of | 22 |
| volume devoted to the
storage of personal property, $10,000;
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| For 50,000 and less than 100,000 net square feet of floor | 24 |
| space or
for 100,000 and less than 200,000 net cubic feet of | 25 |
| volume devoted to
the storage of personal property, $15,000;
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| For 100,000 and less than 200,000 net square feet of floor |
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| space or
for 200,000 and less than 300,000 net cubic feet of | 2 |
| volume devoted to
the storage of personal property, $20,000;
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| For 200,000 and less than 300,000 net square feet of floor | 4 |
| space or
for 300,000 and less than 400,000 net cubic feet of | 5 |
| volume devoted to
the storage of personal property, $25,000; | 6 |
| and
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| For 300,000 or more net square feet of floor space or for | 8 |
| 400,000 or
more net cubic feet of volume devoted to the storage | 9 |
| of personal
property, $25,000 plus an additional $5,000 for | 10 |
| each additional 100,000
net square feet, or net cubic feet of | 11 |
| volume, or fraction thereof.
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| Such bond or insurance policy is to be made payable to the | 13 |
| People of the State of
Illinois, for the use and benefit of all | 14 |
| persons aggrieved by the
failure of the operator to comply with | 15 |
| this Act, and shall not be
cancelled during the period for | 16 |
| which any license is issued, except upon
at least 90 days' | 17 |
| notice, in writing, to the Commission Department .
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| If bond other than a surety bond is filed, it must be | 19 |
| secured by real
estate having a value of not less than double | 20 |
| the amount of such bond
over and above all exemptions and liens | 21 |
| thereon. Such bond shall be
recorded and be a lien on the real | 22 |
| estate for the amount thereof, and
the recording fees paid by | 23 |
| the applicant or operator.
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| Any operator may, in lieu of a bond, file with the | 25 |
| Commission Department a
certified copy of a legal liability | 26 |
| insurance policy or a certificate
of deposit. The principal
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| amount of the legal liability insurance policy and the | 2 |
| certificate of deposit
shall be the same as that required for a | 3 |
| surety bond under this Act. Any
certificate of deposit filed | 4 |
| with the Commission Department , in lieu of a surety bond,
shall | 5 |
| be payable to the Commission Director of the Department as | 6 |
| Trustee and the interest
thereon shall be made payable to the | 7 |
| purchaser thereof.
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| The legal liability insurance policy shall contain a loss | 9 |
| payable endorsement
making such policy payable to the People of | 10 |
| the State of Illinois, with
the Commission Director of the | 11 |
| Department as Trustee. The legal liability insurance
policy | 12 |
| shall not
be cancelled during the period for which any license | 13 |
| is issued, except
upon at least 90 days' notice in writing to | 14 |
| the Commission Department . When in the
discretion of the | 15 |
| Commission Department , the legal liability insurance policy or | 16 |
| the assets
of a warehouseman appear to be insufficient, when | 17 |
| compared to his
storage obligations or to meet the bond | 18 |
| requirements of the United
States, or any agency or corporation | 19 |
| controlled by the United States
when they have a contract for | 20 |
| storage with the warehouseman, or for any
other reason it may | 21 |
| appear necessary to the Commission Department , the Commission | 22 |
| Department
may require such additional bond or legal liability | 23 |
| insurance policy as may be
reasonable in the circumstances.
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| The Commission Director of Agriculture as trustee of the | 25 |
| bond or policy shall have
the authorities granted him in | 26 |
| Section 205-410 of the
Department
of Agriculture Law (20 ILCS |
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| 205/205-410) and the rules and regulations adopted pursuant | 2 |
| thereto.
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| Failure to keep such bond or insurance policy in effect is | 4 |
| cause for
the revocation of any license.
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| (Source: P.A. 91-239, eff. 1-1-00.)
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| (240 ILCS 10/7) (from Ch. 111 2/3, par. 125)
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| Sec. 7. Fees. Each applicant shall accompany its his | 8 |
| application for a
personal property warehouse license with and | 9 |
| thereafter pay to the Commission
Department an initial
fee of | 10 |
| $250 and an annual renewal fee of $150, plus an annual fee of
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| $100 for each additional personal property warehouse operated | 12 |
| by the
applicant to keep and perpetuate the license , or such | 13 |
| other amounts as the Commission may set by rule . The special | 14 |
| governmental
fairs annual license fee shall be $50 , or such | 15 |
| other amount as the Commission may by regulation prescribe .
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| (Source: P.A. 85-528.)
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| (240 ILCS 10/8) (from Ch. 111 2/3, par. 126)
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| Sec. 8. Issuance and period of license. Upon compliance | 19 |
| with this Act by the applicant, the Commission Department shall
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| issue a license or licenses to such applicant which is valid | 21 |
| for one year
from the date of its issuance unless said license | 22 |
| is suspended or revoked
after due process in accordance with | 23 |
| this Act.
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| (Source: P.A. 83-1065.)
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| (240 ILCS 10/10) (from Ch. 111 2/3, par. 128)
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| Sec. 10. Warehouse Receipts. Every operator shall, upon the | 3 |
| receipt of personal property
for storage, issue and deliver to | 4 |
| the depositor a negotiable or a
non-negotiable
warehouse | 5 |
| receipt.
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| Negotiable warehouse receipt forms, complying in every | 7 |
| respect with
subsection
(2) of Section 7-202 of the "Uniform | 8 |
| Commercial Code", approved July 31,
1961, as amended, must be | 9 |
| printed in a form prescribed by the Commission Department ,
and | 10 |
| prenumbered by a bonded printer. Negotiable warehouse receipt | 11 |
| forms
must be kept under lock and key at the office of the | 12 |
| warehouse operator.
A register must be kept of each negotiable | 13 |
| warehouse receipt issued.
Endorsements
shall be made on the | 14 |
| negotiable warehouse receipt of any partial deliveries
of goods | 15 |
| covered by such receipt. Delivery of goods covered by a | 16 |
| negotiable
warehouse receipt without surrender of such | 17 |
| negotiable warehouse receipt
shall be prohibited.
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| Non-negotiable warehouse receipts shall conform with | 19 |
| subsection (2) of
Section 7-202 of the "Uniform Commercial | 20 |
| Code", approved
July 31, 1961, as amended.
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| The property of each depositor shall be specifically | 22 |
| designated under a
lot, product code, batch, or other control | 23 |
| unit agreed upon by the warehouseman
and depositor. Said | 24 |
| designation shall also
appear on the receipt for the purpose
of | 25 |
| identification, and a separate account and record shall be kept |
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| for each
customer's property.
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| No operator shall issue any receipt unless the same shall | 3 |
| state on the
face thereof in conspicuous type whether or not | 4 |
| such goods are insured for
the benefit of the depositor against | 5 |
| fire or any other casualty.
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| (Source: P.A. 83-1065.)
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| (240 ILCS 10/12) (from Ch. 111 2/3, par. 130)
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| Sec. 12. Advertisements.
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| It is unlawful for any person, firm, partnership, | 10 |
| association , limited liability company, or
corporation to hold | 11 |
| himself, themselves, or itself out as a warehouseman or
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| advertise for, or solicit business as a warehouseman without | 13 |
| first
complying with this Act; or advertising as being an | 14 |
| insured warehouse
unless the insurance is for the benefit of | 15 |
| the depositor against fire or
other casualties; or to use any | 16 |
| stationery, cards, signs or other
advertisements of a false, | 17 |
| fraudulent, deceptive or misleading nature; or
use the word | 18 |
| storage, in any way, in connection with the business unless
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| engaged in the storage business and licensed as a warehouse | 20 |
| operator under
this Act.
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| A personal property warehouseman has authority to use the | 22 |
| services of
warehouse representatives or warehouse brokers in | 23 |
| Illinois provided the
names and addresses of such warehouse | 24 |
| representatives or warehouse brokers
are listed on the license | 25 |
| application of the personal property
warehouseman.
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| No person shall set himself out to be a warehouse | 2 |
| representative or a
warehouse broker, or do business as such, | 3 |
| without first being so listed by
a duly licensed warehouseman. | 4 |
| A warehouseman may, by giving written notice
in duplicate to | 5 |
| the Commission Department , amend his license application at any | 6 |
| time
to add or delete the name or names of warehouse | 7 |
| representatives or
warehouse brokers retained by him.
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| (Source: P.A. 77-1341.)
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| (240 ILCS 10/14) (from Ch. 111 2/3, par. 132)
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| Sec. 14. Authority of Commission staff inspectors -Police | 11 |
| power.
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| Commission staff Inspectors of the Department have full | 13 |
| power and authority in the
performance of their official duties | 14 |
| to enter into or upon any place,
building or premises of any | 15 |
| warehouse at any reasonable time for the
purpose of inspecting | 16 |
| such warehouse operating under this Act, and the
books and | 17 |
| records of the operator thereof, or for the purpose of | 18 |
| obtaining
any information pertaining to the manner in which | 19 |
| such warehouse business
is being conducted. Any such Commission | 20 |
| staff inspector has the same powers as are now held
by or | 21 |
| hereafter conferred upon, any regular law enforcement officer | 22 |
| to
arrest, with or without formal warrant, any violator or | 23 |
| violators of this
Act.
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| (Source: Laws 1967, p. 451.)
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| (240 ILCS 10/15) (from Ch. 111 2/3, par. 133)
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| Sec. 15. Interference with or impersonation of Commission | 3 |
| staff inspector .
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| No person shall in any way or manner obstruct, hinder or | 5 |
| molest any Commission staff member
warehouse inspector in the | 6 |
| performance of his duties as required by this
Act. It is | 7 |
| unlawful for any person to falsely represent that he is a | 8 |
| Commission staff member
warehouse inspector or to falsely | 9 |
| represent that he is authorized to
inspect warehouses on behalf | 10 |
| of the Commission Department , or to demand of any
operator the | 11 |
| examination or production of the records of such operator
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| unless he is a duly authorized Commission staff member | 13 |
| inspector of the Department .
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| (Source: Laws 1967, p. 451.)
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| (240 ILCS 10/15.5 new)
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| Sec. 15.5. Jurisdiction. The jurisdiction of the | 17 |
| Commission under this Act extends to personal property | 18 |
| warehouses, the operators of those warehouses, and to other | 19 |
| activities specifically set forth in this Act. | 20 |
| (240 ILCS 10/15.6 new)
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| Sec. 15.6. Enumeration of powers. The Commission has the | 22 |
| power to: | 23 |
| (1) Administer and enforce the provisions of this Act. | 24 |
| (2) Regulate the entry, exit, and services of personal |
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| property warehouses and operators. | 2 |
| (3) Protect the public safety through insurance and safety | 3 |
| standards. | 4 |
| (4) Adopt appropriate rules setting forth the standards and | 5 |
| procedures by which it will administer and enforce this Act. | 6 |
| (5) Conduct hearings and investigations, on its own motion | 7 |
| or the motion of a person. | 8 |
| (6) Adjudicate disputes, hear complaints or other | 9 |
| petitions for relief, and settle those matters by stipulation | 10 |
| or agreement. | 11 |
| (7) Create special procedures for the receipt and handling | 12 |
| of consumer complaints. | 13 |
| (8) Employ such persons as are needed to administer and | 14 |
| enforce this Act, in such capacities as they are needed, | 15 |
| whether as hearings examiners, special examiners, enforcement | 16 |
| officers, investigators, or otherwise. | 17 |
| (9) Initiate and participate in proceedings in the federal | 18 |
| or State courts, and in proceedings before federal or other | 19 |
| State agencies, to the extent necessary to effectuate the | 20 |
| purposes of this Act, provided that participation in specific | 21 |
| proceedings is directed, in writing, by the Commission.
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| (240 ILCS 10/16) (from Ch. 111 2/3, par. 134)
| 23 |
| Sec. 16.
Rules
and regulations.
| 24 |
| The Commission Department has the authority to exercise | 25 |
| general supervision and
regulation over all warehouses |
|
|
|
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LRB096 11075 RCE 21400 b |
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| 1 |
| included under this Act, and has authority
to make all | 2 |
| necessary rules and regulations, and adopt forms of
| 3 |
| application, bond, receipt, and such other forms as may be | 4 |
| required to
effectuate the purposes of this Act.
| 5 |
| (Source: Laws 1967, p. 451.)
| 6 |
| (240 ILCS 10/17) (from Ch. 111 2/3, par. 135)
| 7 |
| Sec. 17. Violations, Administrative Action and Review. | 8 |
| Violations of
this Act shall be classified as follows:
| 9 |
| (a) Category I Violations, which include:
| 10 |
| (i) Technical violations causing no harm to persons or | 11 |
| property.
| 12 |
| (ii) Prior practices or conditions that have been
| 13 |
| voluntarily remedied.
| 14 |
| Category I
violations shall be handled by a warning notice | 15 |
| issued by the Commission Department
to the warehouseman stating | 16 |
| that such practices shall not be allowed
to recur. Receipt of | 17 |
| such notice shall be acknowledged by the warehouseman.
| 18 |
| (b) Category II Violations, which include:
| 19 |
| (i) Practices or conditions that if continued could cause | 20 |
| significant
loss to depositors.
| 21 |
| (ii) Practices or conditions that if continued could cause | 22 |
| serious hazard
to public health or safety.
| 23 |
| (iii) Operating a personal property warehouse without a | 24 |
| license.
| 25 |
| The Commission Department
may, upon its own motion and shall |
|
|
|
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| 1 |
| upon the verified complaint in writing
of any person setting | 2 |
| forth facts which if proved would constitute a Category
II | 3 |
| violation, investigate the actions of any person or persons | 4 |
| operating
a personal property warehouse. The Commission | 5 |
| Department shall issue a formal notice
to the warehouse | 6 |
| operator that he is required to take proper and immediate
steps | 7 |
| to correct the practices or conditions, and that failure to do | 8 |
| so
could be cause for revocation of license and other legal | 9 |
| penalties as provided
in this Act. The warehouse operator | 10 |
| shall, if he believes that the complaint
is improper, unjust, | 11 |
| or unfounded, request a hearing which
shall be set up in | 12 |
| conformance with established practice for Commission | 13 |
| administrative
hearings. If the warehouse operator fails to | 14 |
| correct the alleged practices
or conditions, or fails to | 15 |
| request a hearing within a stipulated time, his
license shall | 16 |
| be revoked , and the Commission may impose civil penalties in | 17 |
| the amount provided under the Illinois Commercial | 18 |
| Transportation Law . The Commission Department may also seek | 19 |
| appropriate judicial
action. In the case of practices or | 20 |
| conditions that constitute serious
hazard to public health or | 21 |
| safety, the Commission Department shall cooperate with the
| 22 |
| appropriate federal, state, and local agencies or authorities.
| 23 |
| (c) Category III Violations, which include:
| 24 |
| (i) Conversion of a depositor's goods to the warehouseman's | 25 |
| own use.
| 26 |
| (ii) Practices or conditions that have caused significant |
|
|
|
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LRB096 11075 RCE 21400 b |
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| 1 |
| loss or damage
to depositors.
| 2 |
| The Commission Department may, upon its own motion and shall | 3 |
| upon the verified complaint
in writing of any person setting | 4 |
| forth facts which if proved would constitute
a Category III | 5 |
| violation, investigate the actions of any person or persons
| 6 |
| operating a personal property warehouse. The Commission | 7 |
| Department shall issue a formal
notice to the warehouse | 8 |
| operator that he is required
to take proper and immediate steps | 9 |
| to correct the practices or conditions,
and that failure to do | 10 |
| so will be cause for revocation of license and additional
legal | 11 |
| penalties as provided in this Act. The warehouse operator | 12 |
| shall,
if he believes that the alleged violation is unfounded, | 13 |
| request a hearing
which shall be set up in conformance with | 14 |
| established practice for administrative
hearings. If the | 15 |
| warehouse operator fails to correct the alleged practices or | 16 |
| conditions, or fails to request a hearing within a stipulated | 17 |
| time, the operator's license shall be revoked, and the | 18 |
| Commission may impose civil penalties in the amount provided | 19 |
| under the Illinois Commercial Transportation Law. The | 20 |
| Commission may also seek appropriate judicial action.
| 21 |
| In connection with any investigation or hearing conducted | 22 |
| by the Commission Department
under this Act, the Commission | 23 |
| Department , over the signature of the Chairman of the | 24 |
| Commission Director , is authorized
to issue subpoenas and to | 25 |
| bring before the Commission Department any person or persons
in | 26 |
| this State and to take testimony either orally or by deposition |
|
|
|
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| 1 |
| or by
exhibit. The Chairman of the Commission Director is | 2 |
| authorized to issue subpoenas for any or all documents
relating | 3 |
| to complainant records. The Chairman of the Commission Director | 4 |
| or his designee may administer
oaths to witnesses at any | 5 |
| hearing which the Commission Department is authorized by
law to | 6 |
| conduct.
| 7 |
| The Illinois Administrative Procedure Act, as amended, and | 8 |
| the rules
and regulations adopted thereunder shall apply to and | 9 |
| govern all administrative
actions taken by the Commission | 10 |
| Department , where applicable, unless otherwise prescribed
by | 11 |
| this Act. Judicial review of final administrative decisions may | 12 |
| be had
in accordance with the provisions of the Administrative | 13 |
| Review Law, as now
or hereafter amended.
| 14 |
| (Source: P.A. 83-1065.)
| 15 |
| (240 ILCS 10/19) (from Ch. 111 2/3, par. 137)
| 16 |
| Sec. 19. Penalty. Any person who engages in business as a | 17 |
| personal property warehouseman
without securing a license or | 18 |
| who does not have a valid license, or who
commits one or more | 19 |
| Category II or Category III violations of
this Act, or who | 20 |
| shall impede, obstruct, hinder or otherwise prevent
or attempt | 21 |
| to prevent the Commission Director or his duly authorized agent | 22 |
| in the performance
of its his duty in connection with this Act, | 23 |
| or who refuses to permit
inspection of his premises or records | 24 |
| as provided in this Act shall be guilty
of a Class B | 25 |
| misdemeanor for the first violation, and be guilty of a Class
A |
|
|
|
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LRB096 11075 RCE 21400 b |
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| 1 |
| misdemeanor for each subsequent violation. In addition, the | 2 |
| Commission may impose civil penalties in the amount provided | 3 |
| under the Illinois Commercial Transportation Law. In case of a | 4 |
| continuing
violation or violations, each day
that each | 5 |
| violation occurs
constitutes a separate and distinct offense.
| 6 |
| It shall be the duty of each State's Attorney to whom any | 7 |
| violation is
reported to cause appropriate proceedings to be | 8 |
| instituted and prosecuted
in the circuit court without delay, | 9 |
| provided that the Commission Director has previously
given the | 10 |
| warehouseman involved an administrative hearing as provided | 11 |
| for in this Act.
| 12 |
| The Commission Director may apply for and the circuit court | 13 |
| may grant a temporary
restraining order or preliminary or | 14 |
| permanent injunction restraining any
person from committing or | 15 |
| continuing to commit a Category II or III violation.
| 16 |
| (Source: P.A. 83-1065.)
| 17 |
| (240 ILCS 10/19.5 new)
| 18 |
| Sec. 19.5. Disposition of funds. All fees and fines | 19 |
| collected by the Commission under this Act shall be paid into | 20 |
| the Transportation Regulatory Fund in the State treasury. The | 21 |
| money in that fund may be used to defray the expenses of the | 22 |
| administration of this Act.
| 23 |
| (240 ILCS 10/20) (from Ch. 111 2/3, par. 138)
| 24 |
| Sec. 20.
Power
to enforce.
|
|
|
|
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LRB096 11075 RCE 21400 b |
|
| 1 |
| The Commission Department has full power and authority to | 2 |
| carry out this Act.
| 3 |
| (Source: Laws 1967, p. 451.)
| 4 |
| (240 ILCS 10/20.1 new) | 5 |
| Sec. 20.1. Grandfathered rules. Rules promulgated by the | 6 |
| Illinois Department of Agriculture under this Act shall remain | 7 |
| valid until amended or repealed by the Commission. All | 8 |
| references in those rules to the "Department" shall, on and | 9 |
| after the effective date of this amendatory Act of the 96th | 10 |
| General Assembly, be deemed references to the "Commission". All | 11 |
| references in those rules to the "Director" shall, on and after | 12 |
| the effective date of this amendatory Act of the 96th General | 13 |
| Assembly, be deemed references to the "Executive Director of | 14 |
| the Commission. | 15 |
| (240 ILCS 10/20.2 new) | 16 |
| Sec. 20.2. Applicability of Illinois Commercial | 17 |
| Transportation Law. Except as provided elsewhere in this Act, | 18 |
| Subchapter I, Articles II, III, V, VI, & VII, and Subchapter II | 19 |
| of the Illinois Commercial Transportation Law apply to the | 20 |
| Commission in the administration and enforcement of this Act. | 21 |
| Section 10. The Illinois Vehicle Code is amended by | 22 |
| changing Section 18c-1603 as follows:
|
|
|
|
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LRB096 11075 RCE 21400 b |
|
| 1 |
| (625 ILCS 5/18c-1603) (from Ch. 95 1/2, par. 18c-1603)
| 2 |
| Sec. 18c-1603. Expenditures from the Transportation | 3 |
| Regulatory Fund. | 4 |
| (1) Authorization of Expenditures from the Fund. Monies | 5 |
| deposited in the
Transportation Regulatory Fund shall be | 6 |
| expended only for the
administration and enforcement of this | 7 |
| Chapter and Chapter 18a. Moneys in the Fund may also be used to | 8 |
| administer the Personal Property Storage Act.
| 9 |
| (2) Allocation of Expenses to the Fund. | 10 |
| (a) Expenses Allocated Entirely
to the Transportation | 11 |
| Regulatory Fund. All expenses of the Transportation
| 12 |
| Division shall be allocated to the Transportation | 13 |
| Regulatory Fund, provided
that they were:
| 14 |
| (i) Incurred by and for staff employed within the | 15 |
| Transportation
Division and accountable, directly or | 16 |
| through a program director or staff
supervisor, to the | 17 |
| Transportation Division manager;
| 18 |
| (ii) Incurred exclusively in the administration | 19 |
| and enforcement of
this Chapter and Chapter 18a; and
| 20 |
| (iii) Authorized by the Transportation Division | 21 |
| manager.
| 22 |
| (b) Expenses Partially Allocated to the Transportation | 23 |
| Regulatory Fund.
A portion of expenses for the following | 24 |
| persons and activities may be
allocated to the | 25 |
| Transportation Regulatory Fund:
| 26 |
| (i) The Executive Director, his deputies and |
|
|
|
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LRB096 11075 RCE 21400 b |
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| 1 |
| personal assistants, and
their clerical support;
| 2 |
| (ii) The legislative liaison activities of the | 3 |
| Office of Legislative
Affairs, its constituent | 4 |
| elements and successors;
| 5 |
| (iii) The activities of the Bureau of Planning and | 6 |
| Operations on the effective date of this amendatory Act | 7 |
| of the 94th General Assembly, exclusive of the Chief | 8 |
| Clerk's office;
| 9 |
| (iv) The payroll expenses of Commissioners' | 10 |
| assistants;
| 11 |
| (v) The internal auditor;
| 12 |
| (vi) The in-state travel expenses of the | 13 |
| Commissioners to and from
the offices of the | 14 |
| Commission; and
| 15 |
| (vii) The Public Affairs Group, its constituent | 16 |
| elements, and its successors.
| 17 |
| (c) Allocation Methodology for Expenses Other Than | 18 |
| Commissioners' Assistants. The portion of total
expenses | 19 |
| (other than
commissioners' assistants' expenses)
allocated | 20 |
| to the Transportation Regulatory Fund under paragraph (b) | 21 |
| of this
subsection shall be the portion of staff time spent | 22 |
| exclusively on administration and
enforcement of this | 23 |
| Chapter and Chapter 18a, as shown
by a time study updated | 24 |
| at least once each 6 months.
| 25 |
| (d) (Blank).
| 26 |
| (e) Allocation methodology for Commissioners' |
|
|
|
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LRB096 11075 RCE 21400 b |
|
| 1 |
| Assistants Expenses. Five
percent of the payroll expenses | 2 |
| of commissioners'
assistants may be allocated to the | 3 |
| Transportation Regulatory Fund.
| 4 |
| (f) Expenses not allocable to the Transportation | 5 |
| Regulatory Fund. No
expenses shall be allocated to or paid | 6 |
| from the Transportation Regulatory
Fund except as | 7 |
| expressly authorized in paragraphs (a) through (e) of this
| 8 |
| subsection. In particular, no expenses shall be allocated | 9 |
| to the Fund
which were incurred by or in relation to the | 10 |
| following persons and activities:
| 11 |
| (i) Commissioners' travel, except as otherwise | 12 |
| provided in paragraphs (b)
and (c) of this subsection;
| 13 |
| (ii) Commissioners' assistants except as otherwise | 14 |
| provided in
paragraphs (b) and (e) of this subsection;
| 15 |
| (iii) The Policy Analysis and Research Division, | 16 |
| its constituent
elements and successors;
| 17 |
| (iv) The Chief Clerk's office, its constituent | 18 |
| elements and successors;
| 19 |
| (v) The Hearing Examiners Division, its | 20 |
| constituent elements and
successors, and any hearing | 21 |
| examiners or hearings
conducted, in whole or in part, | 22 |
| outside the Transportation Division;
| 23 |
| (vi) (Blank);
| 24 |
| (vii) The Office of General Counsel, its | 25 |
| constituent elements and
successors, including but not | 26 |
| limited to the Office of Public Utility
Counsel and any |
|
|
|
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LRB096 11075 RCE 21400 b |
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| 1 |
| legal staff in the office of the executive director, | 2 |
| but
not including the personal assistant serving as | 3 |
| staff counsel to the executive
director as provided in | 4 |
| Section 18c-1204(2) and the Office
of Transportation | 5 |
| Counsel; and
| 6 |
| (viii) Any other expenses or portion thereof not | 7 |
| expressly authorized in
this subsection to
be | 8 |
| allocated to the Fund.
| 9 |
| The constituent elements of the foregoing shall, for | 10 |
| purposes of this
Section be their constituent elements on | 11 |
| the effective date of this
amendatory Act of 1987.
| 12 |
| (3) (Blank).
| 13 |
| (4) (Blank).
| 14 |
| (Source: P.A. 94-839, eff. 6-6-06.)
| 15 |
| Section 99. Effective date. This Act takes effect January | 16 |
| 1, 2010.
|
|