Full Text of SB0959 97th General Assembly
SB0959ham001 97TH GENERAL ASSEMBLY | Rep. Lou Lang Filed: 5/24/2011
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| 1 | | AMENDMENT TO SENATE BILL 959
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 959 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 6-305, 6-305.3, 18c-4201, 18c-4203, and | 6 | | 18c-4204 as follows:
| 7 | | (625 ILCS 5/6-305) (from Ch. 95 1/2, par. 6-305)
| 8 | | Sec. 6-305. Renting motor vehicle to another.
| 9 | | (a) No person shall rent a motor vehicle to any other | 10 | | person unless the
latter person, or a driver designated by a | 11 | | nondriver with disabilities and
meeting any minimum age and | 12 | | driver's record requirements that are uniformly
applied by the | 13 | | person renting a motor vehicle, is then duly licensed
hereunder | 14 | | or, in the case of a
nonresident, then duly licensed under the | 15 | | laws of the State or country of
his residence unless the State | 16 | | or country of his residence does not require
that a driver be |
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| 1 | | licensed.
| 2 | | (b) No person shall rent a motor vehicle to another until | 3 | | he has
inspected the drivers license of the person to whom the | 4 | | vehicle is to be
rented, or by whom it is to be driven, and | 5 | | compared and verified the
signature thereon with the signature
| 6 | | of such person written in his presence unless, in the case of a
| 7 | | nonresident, the State or country wherein the nonresident | 8 | | resides does not
require that a driver be licensed.
| 9 | | (c) No person shall rent a motorcycle to another unless the | 10 | | latter
person is then duly licensed hereunder as a motorcycle | 11 | | operator, and in the
case of a nonresident, then duly licensed | 12 | | under the laws of the State or
country of his residence, unless | 13 | | the State or country of his residence does
not require that a | 14 | | driver be licensed. | 15 | | (c-1) A rental car company that rents a motor vehicle shall | 16 | | ensure that the renter is provided with an emergency telephone | 17 | | number to personnel capable of fielding roadside assistance and | 18 | | other customer service inquiries, including the ability to | 19 | | provide the caller with the telephone number of the location | 20 | | from which the vehicle was rented, if requested by the caller. | 21 | | If an owner's manual is not available in the vehicle at the | 22 | | time of the rental, an owner's manual for that vehicle or a | 23 | | similar model shall be accessible by the personnel answering | 24 | | the emergency telephone number for assistance with inquiries | 25 | | about the operation of the vehicle.
| 26 | | (d) (Blank).
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| 1 | | (e) (Blank).
| 2 | | (f) Subject to subsection (l), any person who rents a motor | 3 | | vehicle to another shall only
advertise, quote, and charge a | 4 | | rental rate that includes the entire amount
except taxes , and a | 5 | | mileage charge, and airport concession charge, if any, which a | 6 | | renter must pay to hire
or lease the vehicle for the period of | 7 | | time to which the rental rate
applies.
The person must provide, | 8 | | on the request of the renter, based on the
available | 9 | | information, an estimated total of the daily rental rate,
| 10 | | including all applicable taxes, fees, and other charges, or an
| 11 | | estimated total rental charge, based on the return date of the | 12 | | vehicle
noted on the rental agreement. Further, if the rental | 13 | | agreement does
not already provide an estimated total rental | 14 | | charge, the following
statement must be included in the rental | 15 | | agreement:
| 16 | | "NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON
| 17 | | AVAILABLE INFORMATION, AN ESTIMATED TOTAL DAILY RENTAL | 18 | | RATE,
INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN | 19 | | ESTIMATED
TOTAL RENTAL CHARGE, BASED ON THE VEHICLE RETURN | 20 | | DATE NOTED ON
THIS AGREEMENT."
| 21 | | Such person shall not charge in addition to the rental | 22 | | rate,
taxes, and mileage charge, and airport concession charge, | 23 | | if any, any fee which must be paid by the renter
as a condition | 24 | | of hiring or leasing the vehicle, such as, but not limited
to, | 25 | | required fuel or airport surcharges, nor any fee for | 26 | | transporting the
renter to the location where the rented |
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| 1 | | vehicle will be delivered to the
renter. In addition to the | 2 | | rental rate, taxes, and mileage charge, and airport concession | 3 | | charge, if any,
such person may charge for an item or service | 4 | | provided in connection with a
particular rental transaction if | 5 | | the renter can avoid incurring the charge by
choosing not to | 6 | | obtain or utilize the optional item or service. Items and
| 7 | | services for which such person may impose an additional charge | 8 | | include, but are
not limited to, optional insurance and | 9 | | accessories requested by the renter,
service charges incident | 10 | | to the renter's optional return of the vehicle to
a location | 11 | | other than the location where the vehicle was hired or leased,
| 12 | | and charges for refueling the vehicle at the conclusion of the | 13 | | rental
transaction in the event the renter did not return the | 14 | | vehicle with as much
fuel as was in the fuel tank at the | 15 | | beginning of the rental. "Airport concession charge" means a | 16 | | charge or fee imposed and collected from a renter to reimburse | 17 | | the motor vehicle rental company for the concession fee it is | 18 | | required to pay to a local government corporate authority or | 19 | | airport authority to rent motor vehicles at the airport | 20 | | facility. The airport concession charge is in addition to any | 21 | | customer facility charge or any other charge.
| 22 | | (g) Every person renting a motor vehicle to another shall | 23 | | keep a record
of the registration number of the motor vehicle | 24 | | so rented, the name and
address of the person to whom the | 25 | | vehicle is rented, the number of the
license, if any, of said | 26 | | latter person, and the date and place when and
where the |
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| 1 | | license, if any, was issued. Such record shall be open
to
| 2 | | inspection by any police officer or designated agent of the | 3 | | Secretary of
State.
| 4 | | (h) A person licensed as a new car dealer under Section | 5 | | 5-101 of this
Code shall not be subject to the provisions of | 6 | | this Section regarding the
rental of private passenger motor | 7 | | vehicles when providing, free of charge,
temporary substitute | 8 | | vehicles for customers to operate during a period when
a | 9 | | customer's vehicle, which is either leased or owned by that | 10 | | customer, is
being repaired, serviced, replaced or otherwise | 11 | | made unavailable to the
customer in accordance with an | 12 | | agreement with the licensed new car dealer
or vehicle | 13 | | manufacturer, so long as the customer orally or in writing is
| 14 | | made aware that the temporary substitute vehicle will be | 15 | | covered by his or
her
insurance policy and the customer shall | 16 | | only be liable to the extent of any
amount deductible from such | 17 | | insurance coverage in accordance with the terms
of the policy.
| 18 | | (i) This Section, except the requirements of subsection | 19 | | (g), also applies
to rental agreements of 30 continuous days or | 20 | | less involving a motor
vehicle that was delivered by an out of | 21 | | State person or business to a
renter in this State.
| 22 | | (j) A public airport
may, if approved by its local | 23 | | government corporate authorities or its airport
authority, | 24 | | impose a customer facility charge upon customers of rental car
| 25 | | companies for the purposes of financing, designing, | 26 | | constructing,
operating, and maintaining consolidated car |
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| 1 | | rental facilities and common
use transportation equipment and
| 2 | | facilities,
which are used to transport the customer, | 3 | | connecting consolidated
car rental facilities with other | 4 | | airport facilities.
| 5 | | Notwithstanding
subsection (f) of this
Section, the | 6 | | customer facility charge shall
be collected by the rental car | 7 | | company as a separate charge, and clearly
indicated as
a | 8 | | separate charge
on the rental agreement and invoice.
Facility | 9 | | charges shall be immediately deposited into a trust account
for | 10 | | the benefit of the airport and
remitted at the direction of the | 11 | | airport, but
not more often than once per month.
The charge | 12 | | shall be uniformly calculated on a per-contract or per-day
| 13 | | basis.
Facility charges imposed by the airport may not exceed | 14 | | the reasonable
costs of financing, designing, constructing, | 15 | | operating, and maintaining the
consolidated car rental | 16 | | facilities and common use transportation equipment and
| 17 | | facilities and may not be used for any other purpose.
| 18 | | Notwithstanding any other provision of law, the charges | 19 | | collected
under
this Section are not subject to retailer | 20 | | occupation, sales,
use,
or transaction taxes.
| 21 | | (k) When a rental car company states a rental rate in any | 22 | | of its rate
advertisements, its proprietary computer
| 23 | | reservation systems, or its in-person quotations
intended to | 24 | | apply to
an airport rental, a company that collects from its | 25 | | customers a customer
facility charge for that rental under | 26 | | subsection (j) shall do all of the
following:
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| 1 | | (1) Clearly and conspicuously disclose in any radio, | 2 | | television, or other
electronic media advertisements the | 3 | | existence and
amount of the charge if the advertisement is | 4 | | intended for rentals at an airport
imposing the charge or, | 5 | | if the
advertisement covers an area with multiple airports | 6 | | with different charges, a
range of amounts of customer | 7 | | facility charges if the advertisement is intended
for | 8 | | rentals at an airport imposing the charge.
| 9 | | (2) Clearly and conspicuously disclose in any print | 10 | | rate advertising the
existence and
amount of the charge if | 11 | | the advertisement is intended for rentals at an airport
| 12 | | imposing the charge or, if the print rate advertisement | 13 | | covers an area with
multiple
airports with different | 14 | | charges, a range of amounts of customer facility
charges if | 15 | | the advertisement is intended for rentals at an airport | 16 | | imposing the
charge.
| 17 | | (3) Clearly and conspicuously disclose the existence | 18 | | and
amount of the charge in any telephonic, in-person, or | 19 | | computer-transmitted
quotation from the rental car | 20 | | company's proprietary computer reservation system
at the | 21 | | time of making an initial quotation of a
rental rate if the | 22 | | quotation is made by a rental car company location at an
| 23 | | airport imposing the charge and at the time of making a | 24 | | reservation of a rental
car if the reservation is made by a | 25 | | rental car company location at an airport
imposing the | 26 | | charge.
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| 1 | | (4) Clearly and conspicuously display the charge in any | 2 | | proprietary
computer-assisted
reservation or transaction | 3 | | directly between the rental car company and the
customer,
| 4 | | shown or referenced on the
same page on the computer screen | 5 | | viewed by the customer as the
displayed rental rate and in | 6 | | a print size not smaller than the print size of
the rental | 7 | | rate.
| 8 | | (5) Clearly and conspicuously disclose
and separately | 9 | | identify the existence and amount of the charge on its | 10 | | rental
agreement.
| 11 | | (6) A rental car company that collects from its | 12 | | customers a customer
facility charge under subsection (j) | 13 | | and engages in a practice which does not
comply with
| 14 | | subsections (f), (j), and (k) commits an unlawful
practice | 15 | | within the meaning of the Consumer Fraud and Deceptive | 16 | | Business
Practices Act.
| 17 | | (l) Notwithstanding subsection (f), any person who rents a | 18 | | motor vehicle to another may, in connection with the rental of | 19 | | a motor vehicle to (i) a business renter or (ii) a business | 20 | | program sponsor under the sponsor's business program, do the | 21 | | following: | 22 | | (1) separately quote, by telephone, in person, or by | 23 | | computer transmission, additional charges for the rental; | 24 | | and | 25 | | (2) separately impose additional charges for the | 26 | | rental. |
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| 1 | | (m) As used in this Section: | 2 | | (1) "Additional charges" means charges other than: (i) | 3 | | a per period base rental rate; (ii) a mileage charge; (iii) | 4 | | taxes; or (iv) a customer facility charge. | 5 | | (2) "Business program" means: | 6 | | (A) a contract between a person who rents motor | 7 | | vehicles and a business program sponsor that | 8 | | establishes rental rates at which the person will rent | 9 | | motor vehicles to persons authorized by the sponsor; or | 10 | | (B) a plan, program, or other arrangement | 11 | | established by a person who rents motor vehicles at the | 12 | | request of, or with the consent of, a business program | 13 | | sponsor under which the person offers to rent motor | 14 | | vehicles to persons authorized by the sponsor on terms | 15 | | that are not the same as those generally offered by the | 16 | | rental company to the public. | 17 | | (3) "Business program sponsor" means any legal entity | 18 | | other than a natural person, including a corporation, | 19 | | limited liability company, partnership, government, | 20 | | municipality or agency, or a natural person operating a | 21 | | business as a sole proprietor. | 22 | | (4) "Business renter" means any person renting a motor | 23 | | vehicle for business purposes or , for any business program | 24 | | sponsor, a person who is authorized by the sponsor to enter | 25 | | into a rental contract under the sponsor's business | 26 | | program. "Business renter" does not include a person |
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| 1 | | renting as: | 2 | | (A) a non-employee member of a not-for-profit | 3 | | organization; | 4 | | (B) the purchaser of a voucher or other prepaid | 5 | | rental arrangement from a person, including a tour | 6 | | operator, engaged in the business of reselling those | 7 | | vouchers or prepaid rental arrangements to the general | 8 | | public; | 9 | | (C) an individual whose car rental is eligible for | 10 | | reimbursement in whole or in part as a result of the | 11 | | person being insured or provided coverage under a | 12 | | policy of insurance issued by an insurance company; or | 13 | | (D) an individual whose car rental is eligible for | 14 | | reimbursement in whole or in part as a result of the | 15 | | person purchasing motor vehicle repair services from a | 16 | | person licensed to perform those services.
| 17 | | (Source: P.A. 94-717, eff. 12-19-05; 95-770, eff. 1-1-09.)
| 18 | | (625 ILCS 5/6-305.3) | 19 | | Sec. 6-305.3. Vehicle license cost recovery fee. | 20 | | (a) As used in this Section: | 21 | | " Motor vehicle Automobile rental company" means a person or | 22 | | entity whose primary business is renting motor private | 23 | | passenger vehicles to the public for 30 days or less. | 24 | | "Inspect" or "inspection" means a vehicle emissions | 25 | | inspection under Chapter 13C of this Code. |
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| 1 | | "Rental agreement" means an agreement for 30 days or less | 2 | | setting forth the terms and conditions governing the use of a | 3 | | motor private passenger vehicle provided by a rental company. | 4 | | "Motor vehicle" means motor passenger vehicles of the first | 5 | | division and motor vehicles of the second division weighing not | 6 | | more than 8,000 pounds. | 7 | | "Vehicle license cost recovery fee" or "VLCRF" means a | 8 | | charge that may be separately stated and charged on a rental | 9 | | agreement in a vehicle rental transaction originating in | 10 | | Illinois to recover costs incurred either directly or | 11 | | indirectly by a motor vehicle an automobile rental company to | 12 | | license, title, register, and inspect motor vehicles. | 13 | | (b) Motor vehicle Automobile rental companies may include a | 14 | | separately stated mandatory surcharge or fee in a rental | 15 | | agreement for vehicle license cost recovery fees (VLCRF) and | 16 | | all applicable taxes. | 17 | | (c) If a motor vehicle an automobile rental company | 18 | | includes a VLCRF as separately stated charge in a rental | 19 | | agreement, the amount of the fee must represent the motor | 20 | | vehicle automobile rental company's good-faith estimate of the | 21 | | automobile rental company's daily charge as calculated by the | 22 | | motor vehicle automobile rental company to recover its actual | 23 | | total annual motor vehicle titling, registration, and | 24 | | inspection costs. | 25 | | (d) If the total amount of the VLCRF collected by a motor | 26 | | vehicle automobile rental company under this Section in any |
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| 1 | | calendar year exceeds the motor vehicle automobile rental | 2 | | company's actual costs to license, title, register, and inspect | 3 | | for that calendar year, the motor vehicle automobile rental | 4 | | company shall do both of the following: | 5 | | (1) Retain the excess amount; and | 6 | | (2) Adjust the estimated average per vehicle titling, | 7 | | licensing, inspection, and registration charge for the | 8 | | following calendar year by a corresponding amount. | 9 | | (e) Nothing in subsection (d) of this Section shall prevent | 10 | | a motor vehicle automobile rental company from making | 11 | | adjustments to the VLCRF during the calendar year.
| 12 | | (Source: P.A. 96-37, eff. 7-13-09.)
| 13 | | (625 ILCS 5/18c-4201) (from Ch. 95 1/2, par. 18c-4201)
| 14 | | Sec. 18c-4201. Licensing cases.
| 15 | | (1) Scope of Section.
The provisions of this Chapter | 16 | | relating to household goods carrier
licensing apply to | 17 | | applications:
| 18 | | (a) For a license authorizing a carrier to operate as | 19 | | an intrastate
household goods carrier;
| 20 | | (b) To transfer a certificate, permit, or license or to | 21 | | change
the name on a certificate, permit, or license; and
| 22 | | (c) To convert household goods contract carrier | 23 | | authority to household
goods common carrier authority.
| 24 | | (2) Form and content of household goods carrier licensing | 25 | | applications.
Household goods carrier licensing
applications
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| 1 | | shall be on such forms and contain such
information as may be | 2 | | prescribed by
the Commission, be verified under oath, and shall | 3 | | be
accompanied by the required filing fee.
| 4 | | (3) Public notice of applications.
| 5 | | (a) Review of applications prior to publication.
The | 6 | | Commission may provide for preliminary review of
each | 7 | | application to determine if it is complete, if it
gives | 8 | | adequate notice, and if the authority requested is
| 9 | | unenforceably vague or otherwise contrary to the
| 10 | | provisions of this Chapter.
| 11 | | (b) Authorization to submit application for | 12 | | publication.
If the Commission determines after review | 13 | | that the
application is defective in any respect, it shall
| 14 | | promptly notify the applicant. No application shall be
| 15 | | submitted to the official newspaper for publication
until | 16 | | after it has been approved for publication, if the | 17 | | Commission
has provided for preliminary review. If
the | 18 | | Commission does not find that the
application is defective, | 19 | | or if it finds that any defects have
been removed by | 20 | | amendment, the applicant shall be permitted
to submit the | 21 | | application to the official newspaper for
publication. The | 22 | | Commission shall complete its review
and notify the | 23 | | applicant within 15 days after
filing of the application.
| 24 | | (c) Additional notice prescribed by the Commission.
| 25 | | The Commission may direct applicant to give such further
| 26 | | notice in connection with its application as the
Commission |
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| 1 | | deems necessary. The Commission may, itself,
give such | 2 | | additional notice as it deems necessary.
| 3 | | (4) Hearing on licensing applications.
| 4 | | (a) Participation at hearing.
Any person having | 5 | | standing to participate under this Chapter
may appear and | 6 | | participate in a hearing before the
Commission to the | 7 | | extent of its standing, provided that
the person has | 8 | | complied with Commission regulations
concerning the filing | 9 | | of petitions for leave to
intervene and like pleadings. | 10 | | Petitions for leave to intervene must be
filed within 15 | 11 | | days after publication, unless the Commission provides for
| 12 | | filing at a later date. The Commission may permit | 13 | | additional persons to
appear and participate, on such terms | 14 | | as the Commission
shall prescribe, where such | 15 | | participation is deemed
necessary to an informed
and just | 16 | | resolution of the issues in the proceeding. No shipper | 17 | | representative
shall be permitted to testify in support of | 18 | | an application for a motor common
carrier certificate or a | 19 | | motor contract carrier permit on the issue of need
for | 20 | | service unless:
| 21 | | (i) A supporting statement was filed on behalf of | 22 | | the shipper at least
10 days prior to the date of | 23 | | testimony; and
| 24 | | (ii) If the supporting statement was not filed with | 25 | | the application, the
statement was served on all | 26 | | parties of record at least 10 days prior to
the date of |
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| 1 | | testimony.
| 2 | | (b) Setting, notice, and hearing. Notwithstanding any | 3 | | contrary provisions
in Section 18c-2101 of this Chapter, a | 4 | | hearing shall be held on each
licensing
application to | 5 | | determine that the requirements of this Chapter have been
| 6 | | satisfied, except as otherwise provided in Section | 7 | | 18c-4306 of this Chapter.
The Commission shall set the | 8 | | hearing at a time not less than
15 days after publication | 9 | | in the official newspaper. The Commission shall
serve | 10 | | notice of hearing on each party of record.
| 11 | | (c) Issuance of orders after hearing. The Commission | 12 | | may issue summary
orders in cases where
the licensing | 13 | | application was not opposed in a timely
pleading addressed | 14 | | to
the Commission, or was opposed in a timely pleading but | 15 | | such opposition was
later withdrawn or the parties in | 16 | | opposition waived all right to
other than a summary order. | 17 | | Summary orders shall be
issued within 10 days after the | 18 | | close of oral hearing or such other period
as the | 19 | | Commission may prescribe. Where a party requests, in a | 20 | | properly
filed motion for reconsideration or rehearing, a | 21 | | detailed statement of
findings and conclusions, the
| 22 | | Commission shall vacate the summary order and issue a new | 23 | | order in
accordance with Sub-chapters 1 and 2 of this | 24 | | Chapter. Otherwise, orders
shall be issued in accordance | 25 | | with provisions of Sub-chapters 1 and 2 of this
Chapter.
| 26 | | (Source: P.A. 89-444, eff. 1-25-96.)
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| 1 | | (625 ILCS 5/18c-4203) (from Ch. 95 1/2, par. 18c-4203)
| 2 | | Sec. 18c-4203. Household goods contract carrier permits.
| 3 | | (1) Prerequisite to operation as a household goods contract
| 4 | | carrier.
No person shall operate as a household goods contract | 5 | | carrier of
property unless such person possesses a household | 6 | | goods contract
carrier permit issued by the Commission and in | 7 | | good standing.
| 8 | | (2) Requirements for issuance.
| 9 | | (a) General requirements.
The Commission shall grant | 10 | | an application for a household goods
contract carrier | 11 | | permit, in whole or in part, to the
extent that it finds | 12 | | that the application was properly
filed; supporting | 13 | | shippers need the proposed service;
the applicant is fit, | 14 | | willing and able to provide the
service in compliance with | 15 | | this Chapter, Commission
regulations and orders; and | 16 | | issuance of the permit will
be consistent with the public | 17 | | interest. Otherwise, the
application shall be denied. The | 18 | | burden of proving that the requirements
for issuance of a | 19 | | household goods contract carrier permit have
been met shall | 20 | | be
borne by the applicant.
| 21 | | (b) Conversion to household goods common carrier | 22 | | authority.
The Commission may, at the request of the | 23 | | holder,
authorize the conversion of household goods | 24 | | contract carrier authority
to household goods common | 25 | | carrier authority, subject to the same terms,
conditions, |
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| 1 | | limitations, and regulations as other household goods | 2 | | common
carriers.
| 3 | | (c) Cancellation and non-renewal of contracts.
| 4 | | Cancellation or non-renewal of a contract, or failure to
| 5 | | keep on file with the Commission a copy of a valid
| 6 | | contract, shall render a permit void with regard to the
| 7 | | involved shipper.
| 8 | | (3) Duties and practices of household goods contract | 9 | | carriers.
| 10 | | (a) Services.
Household goods contract carriers shall | 11 | | provide safe and adequate
transportation service to their | 12 | | contracting shippers
within the scope of their authorities | 13 | | and contracts and
in compliance with this Chapter, | 14 | | Commission regulations and
orders.
| 15 | | (b) Contracts.
Each household goods contract carrier | 16 | | shall file with the
Commission a copy of each contract | 17 | | executed under
authority of its permit, and shall provide | 18 | | no service
except in accordance with contracts on file with | 19 | | the
Commission. The Commission may, at any time, reject
| 20 | | contracts filed with it which do not comply with the
| 21 | | provisions of this Chapter, Commission regulations and
| 22 | | orders.
| 23 | | (Source: P.A. 89-444, eff. 1-25-96.)
| 24 | | (625 ILCS 5/18c-4204) (from Ch. 95 1/2, par. 18c-4204)
| 25 | | Sec. 18c-4204.
Standards to be considered in issuing common
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| 1 | | and contract household goods carrier licenses.
The Commission | 2 | | shall exercise its discretion in regard to issuance of common
| 3 | | carrier of household goods or contract carrier
of household | 4 | | goods licenses in accordance with
standards enumerated in this | 5 | | Section.
| 6 | | (1) Standards
relevant to both
common and contract | 7 | | household goods
carrier licenses. In determining whether to | 8 | | issue a common carrier
of household goods
certificate or a | 9 | | contract carrier of household goods permit
under
Sections | 10 | | 18c-4202 and 18c-4203 of this Chapter, the
Commission shall | 11 | | consider, in addition to other standards
enumerated in this | 12 | | Chapter:
| 13 | | (a) (Blank) The characteristics of the supporting | 14 | | shipper or shippers
transportation needs, including the | 15 | | total volume of
shipments, the amounts handled by existing | 16 | | authorized
carriers and others, the amounts which would be | 17 | | tendered
to the applicant, the nature and location of | 18 | | points
where traffic would be picked up and delivered, and | 19 | | any
special transportation needs of the supporting
shipper | 20 | | or shippers or their receiver or receivers ;
| 21 | | (b) The existing authorized carriers' services, | 22 | | including
the adequacy of such services and the effect | 23 | | which
issuance of a new certificate or permit would have on
| 24 | | such services;
| 25 | | (c) (Blank) The proposed service, and whether it would | 26 | | meet the
needs of the supporting shipper or shippers ;
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| 1 | | (d) Any evidence bearing on the fitness, willingness, | 2 | | or
ability of the applicant, including but not limited to
| 3 | | any past history of violations of this Chapter, Commission
| 4 | | regulations or orders, whether or not such violations
were | 5 | | the subject of an enforcement proceeding; and
| 6 | | (e) The effect which issuing the certificate or permit | 7 | | would
have on the development, maintenance and | 8 | | preservation of
the highways of this State for commercial | 9 | | and other
public use.
| 10 | | (2) Additional standards relevant to household goods | 11 | | contract
carrier
licenses.
In determining whether to issue a | 12 | | household goods contract
carrier
permit under Section 18c-4203 | 13 | | of this Chapter, the
Commission shall consider, in addition to | 14 | | standards enumerated in
subsection (1) of this Section or | 15 | | elsewhere in this
Sub-chapter:
| 16 | | (a) Whether the proposed service is contract carrier
| 17 | | service; and
| 18 | | (b) The effect which failure to issue the permit would | 19 | | have
on the supporting shipper or shippers.
| 20 | | (3) Standards not relevant to either household goods common | 21 | | or
household goods contract
carrier licenses.
In determining | 22 | | whether to issue a household goods common carrier
certificate | 23 | | or a household goods contract carrier permit
under
Sections | 24 | | 18c-4202 and 18c-4203 of this Chapter, the
Commission shall not | 25 | | consider:
| 26 | | (a) The mere preference of the supporting shipper or |
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| 1 | | shippers or
their receiver or receivers for the applicant's | 2 | | service; or
| 3 | | (b) Any illegal operations of the applicant as evidence | 4 | | of
shipper need or the inadequacy of existing carriers'
| 5 | | services.
| 6 | | (Source: P.A. 89-444, eff. 1-25-96.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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