Full Text of SB0959 97th General Assembly
SB0959sam001 97TH GENERAL ASSEMBLY | Sen. Martin A. Sandoval Filed: 4/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 959
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 959 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing 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.
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| 1 | | (2) Form and content of household goods carrier licensing | 2 | | applications.
Household goods carrier licensing
applications
| 3 | | shall be on such forms and contain such
information as may be | 4 | | prescribed by
the Commission, be verified under oath, and shall | 5 | | be
accompanied by the required filing fee.
| 6 | | (3) Public notice of applications.
| 7 | | (a) Review of applications prior to publication.
The | 8 | | Commission may provide for preliminary review of
each | 9 | | application to determine if it is complete, if it
gives | 10 | | adequate notice, and if the authority requested is
| 11 | | unenforceably vague or otherwise contrary to the
| 12 | | provisions of this Chapter.
| 13 | | (b) Authorization to submit application for | 14 | | publication.
If the Commission determines after review | 15 | | that the
application is defective in any respect, it shall
| 16 | | promptly notify the applicant. No application shall be
| 17 | | submitted to the official newspaper for publication
until | 18 | | after it has been approved for publication, if the | 19 | | Commission
has provided for preliminary review. If
the | 20 | | Commission does not find that the
application is defective, | 21 | | or if it finds that any defects have
been removed by | 22 | | amendment, the applicant shall be permitted
to submit the | 23 | | application to the official newspaper for
publication. The | 24 | | Commission shall complete its review
and notify the | 25 | | applicant within 15 days after
filing of the application.
| 26 | | (c) Additional notice prescribed by the Commission.
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| 1 | | The Commission may direct applicant to give such further
| 2 | | notice in connection with its application as the
Commission | 3 | | deems necessary. The Commission may, itself,
give such | 4 | | additional notice as it deems necessary.
| 5 | | (4) Hearing on licensing applications.
| 6 | | (a) Participation at hearing.
Any person having | 7 | | standing to participate under this Chapter
may appear and | 8 | | participate in a hearing before the
Commission to the | 9 | | extent of its standing, provided that
the person has | 10 | | complied with Commission regulations
concerning the filing | 11 | | of petitions for leave to
intervene and like pleadings. | 12 | | Petitions for leave to intervene must be
filed within 15 | 13 | | days after publication, unless the Commission provides for
| 14 | | filing at a later date. The Commission may permit | 15 | | additional persons to
appear and participate, on such terms | 16 | | as the Commission
shall prescribe, where such | 17 | | participation is deemed
necessary to an informed
and just | 18 | | resolution of the issues in the proceeding. No shipper | 19 | | representative
shall be permitted to testify in support of | 20 | | an application for a motor common
carrier certificate or a | 21 | | motor contract carrier permit on the issue of need
for | 22 | | service unless:
| 23 | | (i) A supporting statement was filed on behalf of | 24 | | the shipper at least
10 days prior to the date of | 25 | | testimony; and
| 26 | | (ii) If the supporting statement was not filed with |
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| 1 | | the application, the
statement was served on all | 2 | | parties of record at least 10 days prior to
the date of | 3 | | testimony.
| 4 | | (b) Setting, notice, and hearing. Notwithstanding any | 5 | | contrary provisions
in Section 18c-2101 of this Chapter, a | 6 | | hearing shall be held on each
licensing
application to | 7 | | determine that the requirements of this Chapter have been
| 8 | | satisfied, except as otherwise provided in Section | 9 | | 18c-4306 of this Chapter.
The Commission shall set the | 10 | | hearing at a time not less than
15 days after publication | 11 | | in the official newspaper. The Commission shall
serve | 12 | | notice of hearing on each party of record.
| 13 | | (c) Issuance of orders after hearing. The Commission | 14 | | may issue summary
orders in cases where
the licensing | 15 | | application was not opposed in a timely
pleading addressed | 16 | | to
the Commission, or was opposed in a timely pleading but | 17 | | such opposition was
later withdrawn or the parties in | 18 | | opposition waived all right to
other than a summary order. | 19 | | Summary orders shall be
issued within 10 days after the | 20 | | close of oral hearing or such other period
as the | 21 | | Commission may prescribe. Where a party requests, in a | 22 | | properly
filed motion for reconsideration or rehearing, a | 23 | | detailed statement of
findings and conclusions, the
| 24 | | Commission shall vacate the summary order and issue a new | 25 | | order in
accordance with Sub-chapters 1 and 2 of this | 26 | | Chapter. Otherwise, orders
shall be issued in accordance |
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| 1 | | with provisions of Sub-chapters 1 and 2 of this
Chapter.
| 2 | | (Source: P.A. 89-444, eff. 1-25-96.)
| 3 | | (625 ILCS 5/18c-4203) (from Ch. 95 1/2, par. 18c-4203)
| 4 | | Sec. 18c-4203. Household goods contract carrier permits.
| 5 | | (1) Prerequisite to operation as a household goods contract
| 6 | | carrier.
No person shall operate as a household goods contract | 7 | | carrier of
property unless such person possesses a household | 8 | | goods contract
carrier permit issued by the Commission and in | 9 | | good standing.
| 10 | | (2) Requirements for issuance.
| 11 | | (a) General requirements.
The Commission shall grant | 12 | | an application for a household goods
contract carrier | 13 | | permit, in whole or in part, to the
extent that it finds | 14 | | that the application was properly
filed; supporting | 15 | | shippers need the proposed service;
the applicant is fit, | 16 | | willing and able to provide the
service in compliance with | 17 | | this Chapter, Commission
regulations and orders; and | 18 | | issuance of the permit will
be consistent with the public | 19 | | interest. Otherwise, the
application shall be denied. The | 20 | | burden of proving that the requirements
for issuance of a | 21 | | household goods contract carrier permit have
been met shall | 22 | | be
borne by the applicant.
| 23 | | (b) Conversion to household goods common carrier | 24 | | authority.
The Commission may, at the request of the | 25 | | holder,
authorize the conversion of household goods |
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| 1 | | contract carrier authority
to household goods common | 2 | | carrier authority, subject to the same terms,
conditions, | 3 | | limitations, and regulations as other household goods | 4 | | common
carriers.
| 5 | | (c) Cancellation and non-renewal of contracts.
| 6 | | Cancellation or non-renewal of a contract, or failure to
| 7 | | keep on file with the Commission a copy of a valid
| 8 | | contract, shall render a permit void with regard to the
| 9 | | involved shipper.
| 10 | | (3) Duties and practices of household goods contract | 11 | | carriers.
| 12 | | (a) Services.
Household goods contract carriers shall | 13 | | provide safe and adequate
transportation service to their | 14 | | contracting shippers
within the scope of their authorities | 15 | | and contracts and
in compliance with this Chapter, | 16 | | Commission regulations and
orders.
| 17 | | (b) Contracts.
Each household goods contract carrier | 18 | | shall file with the
Commission a copy of each contract | 19 | | executed under
authority of its permit, and shall provide | 20 | | no service
except in accordance with contracts on file with | 21 | | the
Commission. The Commission may, at any time, reject
| 22 | | contracts filed with it which do not comply with the
| 23 | | provisions of this Chapter, Commission regulations and
| 24 | | orders.
| 25 | | (Source: P.A. 89-444, eff. 1-25-96.)
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| 1 | | (625 ILCS 5/18c-4204) (from Ch. 95 1/2, par. 18c-4204)
| 2 | | Sec. 18c-4204.
Standards to be considered in issuing common
| 3 | | and contract household goods carrier licenses.
The Commission | 4 | | shall exercise its discretion in regard to issuance of common
| 5 | | carrier of household goods or contract carrier
of household | 6 | | goods licenses in accordance with
standards enumerated in this | 7 | | Section.
| 8 | | (1) Standards
relevant to both
common and contract | 9 | | household goods
carrier licenses. In determining whether to | 10 | | issue a common carrier
of household goods
certificate or a | 11 | | contract carrier of household goods permit
under
Sections | 12 | | 18c-4202 and 18c-4203 of this Chapter, the
Commission shall | 13 | | consider, in addition to other standards
enumerated in this | 14 | | Chapter:
| 15 | | (a) (Blank) The characteristics of the supporting | 16 | | shipper or shippers
transportation needs, including the | 17 | | total volume of
shipments, the amounts handled by existing | 18 | | authorized
carriers and others, the amounts which would be | 19 | | tendered
to the applicant, the nature and location of | 20 | | points
where traffic would be picked up and delivered, and | 21 | | any
special transportation needs of the supporting
shipper | 22 | | or shippers or their receiver or receivers ;
| 23 | | (b) The existing authorized carriers' services, | 24 | | including
the adequacy of such services and the effect | 25 | | which
issuance of a new certificate or permit would have on
| 26 | | such services;
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| 1 | | (c) (Blank) The proposed service, and whether it would | 2 | | meet the
needs of the supporting shipper or shippers ;
| 3 | | (d) Any evidence bearing on the fitness, willingness, | 4 | | or
ability of the applicant, including but not limited to
| 5 | | any past history of violations of this Chapter, Commission
| 6 | | regulations or orders, whether or not such violations
were | 7 | | the subject of an enforcement proceeding; and
| 8 | | (e) The effect which issuing the certificate or permit | 9 | | would
have on the development, maintenance and | 10 | | preservation of
the highways of this State for commercial | 11 | | and other
public use.
| 12 | | (2) Additional standards relevant to household goods | 13 | | contract
carrier
licenses.
In determining whether to issue a | 14 | | household goods contract
carrier
permit under Section 18c-4203 | 15 | | of this Chapter, the
Commission shall consider, in addition to | 16 | | standards enumerated in
subsection (1) of this Section or | 17 | | elsewhere in this
Sub-chapter:
| 18 | | (a) Whether the proposed service is contract carrier
| 19 | | service; and
| 20 | | (b) The effect which failure to issue the permit would | 21 | | have
on the supporting shipper or shippers.
| 22 | | (3) Standards not relevant to either household goods common | 23 | | or
household goods contract
carrier licenses.
In determining | 24 | | whether to issue a household goods common carrier
certificate | 25 | | or a household goods contract carrier permit
under
Sections | 26 | | 18c-4202 and 18c-4203 of this Chapter, the
Commission shall not |
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| 1 | | consider:
| 2 | | (a) The mere preference of the supporting shipper or | 3 | | shippers or
their receiver or receivers for the applicant's | 4 | | service; or
| 5 | | (b) Any illegal operations of the applicant as evidence | 6 | | of
shipper need or the inadequacy of existing carriers'
| 7 | | services.
| 8 | | (Source: P.A. 89-444, eff. 1-25-96.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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