Full Text of SB0959 97th General Assembly
SB0959eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | 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 | 9 | | relating to household goods carrier
licensing apply to | 10 | | applications:
| 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.
| 17 | | (2) Form and content of household goods carrier licensing | 18 | | applications.
Household goods carrier licensing
applications
| 19 | | shall be on such forms and contain such
information as may be | 20 | | prescribed by
the Commission, be verified under oath, and shall | 21 | | be
accompanied by the required filing fee.
| 22 | | (3) Public notice of applications.
| 23 | | (a) Review of applications prior to publication.
The |
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| 1 | | Commission may provide for preliminary review of
each | 2 | | application to determine if it is complete, if it
gives | 3 | | adequate notice, and if the authority requested is
| 4 | | unenforceably vague or otherwise contrary to the
| 5 | | provisions of this Chapter.
| 6 | | (b) Authorization to submit application for | 7 | | publication.
If the Commission determines after review | 8 | | that the
application is defective in any respect, it shall
| 9 | | promptly notify the applicant. No application shall be
| 10 | | submitted to the official newspaper for publication
until | 11 | | after it has been approved for publication, if the | 12 | | Commission
has provided for preliminary review. If
the | 13 | | Commission does not find that the
application is defective, | 14 | | or if it finds that any defects have
been removed by | 15 | | amendment, the applicant shall be permitted
to submit the | 16 | | application to the official newspaper for
publication. The | 17 | | Commission shall complete its review
and notify the | 18 | | applicant within 15 days after
filing of the application.
| 19 | | (c) Additional notice prescribed by the Commission.
| 20 | | The Commission may direct applicant to give such further
| 21 | | notice in connection with its application as the
Commission | 22 | | deems necessary. The Commission may, itself,
give such | 23 | | additional notice as it deems necessary.
| 24 | | (4) Hearing on licensing applications.
| 25 | | (a) Participation at hearing.
Any person having | 26 | | standing to participate under this Chapter
may appear and |
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| 1 | | participate in a hearing before the
Commission to the | 2 | | extent of its standing, provided that
the person has | 3 | | complied with Commission regulations
concerning the filing | 4 | | of petitions for leave to
intervene and like pleadings. | 5 | | Petitions for leave to intervene must be
filed within 15 | 6 | | days after publication, unless the Commission provides for
| 7 | | filing at a later date. The Commission may permit | 8 | | additional persons to
appear and participate, on such terms | 9 | | as the Commission
shall prescribe, where such | 10 | | participation is deemed
necessary to an informed
and just | 11 | | resolution of the issues in the proceeding. No shipper | 12 | | representative
shall be permitted to testify in support of | 13 | | an application for a motor common
carrier certificate or a | 14 | | motor contract carrier permit on the issue of need
for | 15 | | service unless:
| 16 | | (i) A supporting statement was filed on behalf of | 17 | | the shipper at least
10 days prior to the date of | 18 | | testimony; and
| 19 | | (ii) If the supporting statement was not filed with | 20 | | the application, the
statement was served on all | 21 | | parties of record at least 10 days prior to
the date of | 22 | | testimony.
| 23 | | (b) Setting, notice, and hearing. Notwithstanding any | 24 | | contrary provisions
in Section 18c-2101 of this Chapter, a | 25 | | hearing shall be held on each
licensing
application to | 26 | | determine that the requirements of this Chapter have been
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| 1 | | satisfied, except as otherwise provided in Section | 2 | | 18c-4306 of this Chapter.
The Commission shall set the | 3 | | hearing at a time not less than
15 days after publication | 4 | | in the official newspaper. The Commission shall
serve | 5 | | notice of hearing on each party of record.
| 6 | | (c) Issuance of orders after hearing. The Commission | 7 | | may issue summary
orders in cases where
the licensing | 8 | | application was not opposed in a timely
pleading addressed | 9 | | to
the Commission, or was opposed in a timely pleading but | 10 | | such opposition was
later withdrawn or the parties in | 11 | | opposition waived all right to
other than a summary order. | 12 | | Summary orders shall be
issued within 10 days after the | 13 | | close of oral hearing or such other period
as the | 14 | | Commission may prescribe. Where a party requests, in a | 15 | | properly
filed motion for reconsideration or rehearing, a | 16 | | detailed statement of
findings and conclusions, the
| 17 | | Commission shall vacate the summary order and issue a new | 18 | | order in
accordance with Sub-chapters 1 and 2 of this | 19 | | Chapter. Otherwise, orders
shall be issued in accordance | 20 | | with provisions of Sub-chapters 1 and 2 of this
Chapter.
| 21 | | (Source: P.A. 89-444, eff. 1-25-96.)
| 22 | | (625 ILCS 5/18c-4203) (from Ch. 95 1/2, par. 18c-4203)
| 23 | | Sec. 18c-4203. Household goods contract carrier permits.
| 24 | | (1) Prerequisite to operation as a household goods contract
| 25 | | carrier.
No person shall operate as a household goods contract |
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| 1 | | carrier of
property unless such person possesses a household | 2 | | goods contract
carrier permit issued by the Commission and in | 3 | | good standing.
| 4 | | (2) Requirements for issuance.
| 5 | | (a) General requirements.
The Commission shall grant | 6 | | an application for a household goods
contract carrier | 7 | | permit, in whole or in part, to the
extent that it finds | 8 | | that the application was properly
filed; supporting | 9 | | shippers need the proposed service;
the applicant is fit, | 10 | | willing and able to provide the
service in compliance with | 11 | | this Chapter, Commission
regulations and orders; and | 12 | | issuance of the permit will
be consistent with the public | 13 | | interest. Otherwise, the
application shall be denied. The | 14 | | burden of proving that the requirements
for issuance of a | 15 | | household goods contract carrier permit have
been met shall | 16 | | be
borne by the applicant.
| 17 | | (b) Conversion to household goods common carrier | 18 | | authority.
The Commission may, at the request of the | 19 | | holder,
authorize the conversion of household goods | 20 | | contract carrier authority
to household goods common | 21 | | carrier authority, subject to the same terms,
conditions, | 22 | | limitations, and regulations as other household goods | 23 | | common
carriers.
| 24 | | (c) Cancellation and non-renewal of contracts.
| 25 | | Cancellation or non-renewal of a contract, or failure to
| 26 | | keep on file with the Commission a copy of a valid
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| 1 | | contract, shall render a permit void with regard to the
| 2 | | involved shipper.
| 3 | | (3) Duties and practices of household goods contract | 4 | | carriers.
| 5 | | (a) Services.
Household goods contract carriers shall | 6 | | provide safe and adequate
transportation service to their | 7 | | contracting shippers
within the scope of their authorities | 8 | | and contracts and
in compliance with this Chapter, | 9 | | Commission regulations and
orders.
| 10 | | (b) Contracts.
Each household goods contract carrier | 11 | | shall file with the
Commission a copy of each contract | 12 | | executed under
authority of its permit, and shall provide | 13 | | no service
except in accordance with contracts on file with | 14 | | the
Commission. The Commission may, at any time, reject
| 15 | | contracts filed with it which do not comply with the
| 16 | | provisions of this Chapter, Commission regulations and
| 17 | | orders.
| 18 | | (Source: P.A. 89-444, eff. 1-25-96.)
| 19 | | (625 ILCS 5/18c-4204) (from Ch. 95 1/2, par. 18c-4204)
| 20 | | Sec. 18c-4204.
Standards to be considered in issuing common
| 21 | | and contract household goods carrier licenses.
The Commission | 22 | | shall exercise its discretion in regard to issuance of common
| 23 | | carrier of household goods or contract carrier
of household | 24 | | goods licenses in accordance with
standards enumerated in this | 25 | | Section.
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| 1 | | (1) Standards
relevant to both
common and contract | 2 | | household goods
carrier licenses. In determining whether to | 3 | | issue a common carrier
of household goods
certificate or a | 4 | | contract carrier of household goods permit
under
Sections | 5 | | 18c-4202 and 18c-4203 of this Chapter, the
Commission shall | 6 | | consider, in addition to other standards
enumerated in this | 7 | | Chapter:
| 8 | | (a) (Blank) The characteristics of the supporting | 9 | | shipper or shippers
transportation needs, including the | 10 | | total volume of
shipments, the amounts handled by existing | 11 | | authorized
carriers and others, the amounts which would be | 12 | | tendered
to the applicant, the nature and location of | 13 | | points
where traffic would be picked up and delivered, and | 14 | | any
special transportation needs of the supporting
shipper | 15 | | or shippers or their receiver or receivers ;
| 16 | | (b) The existing authorized carriers' services, | 17 | | including
the adequacy of such services and the effect | 18 | | which
issuance of a new certificate or permit would have on
| 19 | | such services;
| 20 | | (c) (Blank) The proposed service, and whether it would | 21 | | meet the
needs of the supporting shipper or shippers ;
| 22 | | (d) Any evidence bearing on the fitness, willingness, | 23 | | or
ability of the applicant, including but not limited to
| 24 | | any past history of violations of this Chapter, Commission
| 25 | | regulations or orders, whether or not such violations
were | 26 | | the subject of an enforcement proceeding; and
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| 1 | | (e) The effect which issuing the certificate or permit | 2 | | would
have on the development, maintenance and | 3 | | preservation of
the highways of this State for commercial | 4 | | and other
public use.
| 5 | | (2) Additional standards relevant to household goods | 6 | | contract
carrier
licenses.
In determining whether to issue a | 7 | | household goods contract
carrier
permit under Section 18c-4203 | 8 | | of this Chapter, the
Commission shall consider, in addition to | 9 | | standards enumerated in
subsection (1) of this Section or | 10 | | elsewhere in this
Sub-chapter:
| 11 | | (a) Whether the proposed service is contract carrier
| 12 | | service; and
| 13 | | (b) The effect which failure to issue the permit would | 14 | | have
on the supporting shipper or shippers.
| 15 | | (3) Standards not relevant to either household goods common | 16 | | or
household goods contract
carrier licenses.
In determining | 17 | | whether to issue a household goods common carrier
certificate | 18 | | or a household goods contract carrier permit
under
Sections | 19 | | 18c-4202 and 18c-4203 of this Chapter, the
Commission shall not | 20 | | consider:
| 21 | | (a) The mere preference of the supporting shipper or | 22 | | shippers or
their receiver or receivers for the applicant's | 23 | | service; or
| 24 | | (b) Any illegal operations of the applicant as evidence | 25 | | of
shipper need or the inadequacy of existing carriers'
| 26 | | services.
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| 1 | | (Source: P.A. 89-444, eff. 1-25-96.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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