SB0959sam001 97TH GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 4/11/2011

09700SB0959sam001 LRB097 04683 HEP 54303 a

AMENDMENT TO SENATE BILL 959

AMENDMENT NO. ______. Amend Senate Bill 959 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by changing Sections 18c-4201, 18c-4203, and 18c-4204 as follows:

(625 ILCS 5/18c-4201) (from Ch. 95 1/2, par. 18c-4201)

Sec. 18c-4201. Licensing cases.

(1) Scope of Section. The provisions of this Chapter relating to household goods carrier licensing apply to applications:

(a) For a license authorizing a carrier to operate as an intrastate household goods carrier;

(b) To transfer a certificate, permit, or license or to change the name on a certificate, permit, or license; and

(c) To convert household goods contract carrier authority to household goods common carrier authority.

(2) Form and content of household goods carrier licensing applications. Household goods carrier licensing applications shall be on such forms and contain such information as may be prescribed by the Commission, be verified under oath, and shall be accompanied by the required filing fee.

(3) Public notice of applications.

(a) Review of applications prior to publication. The Commission may provide for preliminary review of each application to determine if it is complete, if it gives adequate notice, and if the authority requested is unenforceably vague or otherwise contrary to the provisions of this Chapter.

(b) Authorization to submit application for publication. If the Commission determines after review that the application is defective in any respect, it shall promptly notify the applicant. No application shall be submitted to the official newspaper for publication until after it has been approved for publication, if the Commission has provided for preliminary review. If the Commission does not find that the application is defective, or if it finds that any defects have been removed by amendment, the applicant shall be permitted to submit the application to the official newspaper for publication. The Commission shall complete its review and notify the applicant within 15 days after filing of the application.

(c) Additional notice prescribed by the Commission. The Commission may direct applicant to give such further notice in connection with its application as the Commission deems necessary. The Commission may, itself, give such additional notice as it deems necessary.

(4) Hearing on licensing applications.

(a) Participation at hearing. Any person having standing to participate under this Chapter may appear and participate in a hearing before the Commission to the extent of its standing, provided that the person has complied with Commission regulations concerning the filing of petitions for leave to intervene and like pleadings. Petitions for leave to intervene must be filed within 15 days after publication, unless the Commission provides for filing at a later date. The Commission may permit additional persons to appear and participate, on such terms as the Commission shall prescribe, where such participation is deemed necessary to an informed and just resolution of the issues in the proceeding. No shipper representative shall be permitted to testify in support of an application for a motor common carrier certificate or a motor contract carrier permit on the issue of need for service unless:

(i) A supporting statement was filed on behalf of the shipper at least 10 days prior to the date of testimony; and

(ii) If the supporting statement was not filed with the application, the statement was served on all parties of record at least 10 days prior to the date of testimony.

(b) Setting, notice, and hearing. Notwithstanding any contrary provisions in Section 18c-2101 of this Chapter, a hearing shall be held on each licensing application to determine that the requirements of this Chapter have been satisfied, except as otherwise provided in Section 18c-4306 of this Chapter. The Commission shall set the hearing at a time not less than 15 days after publication in the official newspaper. The Commission shall serve notice of hearing on each party of record.

(c) Issuance of orders after hearing. The Commission may issue summary orders in cases where the licensing application was not opposed in a timely pleading addressed to the Commission, or was opposed in a timely pleading but such opposition was later withdrawn or the parties in opposition waived all right to other than a summary order. Summary orders shall be issued within 10 days after the close of oral hearing or such other period as the Commission may prescribe. Where a party requests, in a properly filed motion for reconsideration or rehearing, a detailed statement of findings and conclusions, the Commission shall vacate the summary order and issue a new order in accordance with Sub-chapters 1 and 2 of this Chapter. Otherwise, orders shall be issued in accordance with provisions of Sub-chapters 1 and 2 of this Chapter.

(Source: P.A. 89-444, eff. 1-25-96.)

(625 ILCS 5/18c-4203) (from Ch. 95 1/2, par. 18c-4203)

Sec. 18c-4203. Household goods contract carrier permits.

(1) Prerequisite to operation as a household goods contract carrier. No person shall operate as a household goods contract carrier of property unless such person possesses a household goods contract carrier permit issued by the Commission and in good standing.

(2) Requirements for issuance.

(a) General requirements. The Commission shall grant an application for a household goods contract carrier permit, in whole or in part, to the extent that it finds that the application was properly filed; supporting shippers need the proposed service; the applicant is fit, willing and able to provide the service in compliance with this Chapter, Commission regulations and orders; and issuance of the permit will be consistent with the public interest. Otherwise, the application shall be denied. The burden of proving that the requirements for issuance of a household goods contract carrier permit have been met shall be borne by the applicant.

(b) Conversion to household goods common carrier authority. The Commission may, at the request of the holder, authorize the conversion of household goods contract carrier authority to household goods common carrier authority, subject to the same terms, conditions, limitations, and regulations as other household goods common carriers.

(c) Cancellation and non-renewal of contracts. Cancellation or non-renewal of a contract, or failure to keep on file with the Commission a copy of a valid contract, shall render a permit void with regard to the involved shipper.

(3) Duties and practices of household goods contract carriers.

(a) Services. Household goods contract carriers shall provide safe and adequate transportation service to their contracting shippers within the scope of their authorities and contracts and in compliance with this Chapter, Commission regulations and orders.

(b) Contracts. Each household goods contract carrier shall file with the Commission a copy of each contract executed under authority of its permit, and shall provide no service except in accordance with contracts on file with the Commission. The Commission may, at any time, reject contracts filed with it which do not comply with the provisions of this Chapter, Commission regulations and orders.

(Source: P.A. 89-444, eff. 1-25-96.)

(625 ILCS 5/18c-4204) (from Ch. 95 1/2, par. 18c-4204)

Sec. 18c-4204. Standards to be considered in issuing common and contract household goods carrier licenses. The Commission shall exercise its discretion in regard to issuance of common carrier of household goods or contract carrier of household goods licenses in accordance with standards enumerated in this Section.

(1) Standards relevant to both common and contract household goods carrier licenses. In determining whether to issue a common carrier of household goods certificate or a contract carrier of household goods permit under Sections 18c-4202 and 18c-4203 of this Chapter, the Commission shall consider, in addition to other standards enumerated in this Chapter:

(a) (Blank) The characteristics of the supporting shipper or shippers transportation needs, including the total volume of shipments, the amounts handled by existing authorized carriers and others, the amounts which would be tendered to the applicant, the nature and location of points where traffic would be picked up and delivered, and any special transportation needs of the supporting shipper or shippers or their receiver or receivers;

(b) The existing authorized carriers' services, including the adequacy of such services and the effect which issuance of a new certificate or permit would have on such services;

(c) (Blank) The proposed service, and whether it would meet the needs of the supporting shipper or shippers;

(d) Any evidence bearing on the fitness, willingness, or ability of the applicant, including but not limited to any past history of violations of this Chapter, Commission regulations or orders, whether or not such violations were the subject of an enforcement proceeding; and

(e) The effect which issuing the certificate or permit would have on the development, maintenance and preservation of the highways of this State for commercial and other public use.

(2) Additional standards relevant to household goods contract carrier licenses. In determining whether to issue a household goods contract carrier permit under Section 18c-4203 of this Chapter, the Commission shall consider, in addition to standards enumerated in subsection (1) of this Section or elsewhere in this Sub-chapter:

(a) Whether the proposed service is contract carrier service; and

(b) The effect which failure to issue the permit would have on the supporting shipper or shippers.

(3) Standards not relevant to either household goods common or household goods contract carrier licenses. In determining whether to issue a household goods common carrier certificate or a household goods contract carrier permit under Sections 18c-4202 and 18c-4203 of this Chapter, the Commission shall not consider:

(a) The mere preference of the supporting shipper or shippers or their receiver or receivers for the applicant's service; or

(b) Any illegal operations of the applicant as evidence of shipper need or the inadequacy of existing carriers' services.

(Source: P.A. 89-444, eff. 1-25-96.)

Section 99. Effective date. This Act takes effect upon becoming law.".