HB 2957

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Full Text of HB2957
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	HB2957 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2957
Introduced 2/6/2025, by Rep. Michael J. Kelly
SYNOPSIS AS INTRODUCED:
625 ILCS 5/18c-1701	  from Ch. 95 1/2, par. 18c-1701
625 ILCS 5/18c-1704	  from Ch. 95 1/2, par. 18c-1704
815 ILCS 505/2HHHH new
Amends the Illinois Commercial Transportation Law. In provisions concerning penalties, provides that an officer, employee, or agent shall not be held liable unless the officer, employee, or agent has personally profited from the violation. Provides that the first violation for acting as a broker of household goods shall constitute a Class 4 felony, and each subsequent violation shall constitute a Class 3 felony. Grants the Commission authority to assess a civil penalty not greater than $25,000 nor less than $1,000 per violation where the violation consists of acting as a broker of household goods. Prohibits the Commission from accepting reasonable monetary settlement, suspension or revocation of a license or registration, or any other reasonable terms stipulated between the respondent and staff where the violation consists of acting as a broker of household goods. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that any person who violates the provisions of the Illinois Commercial Transportation Law that make it unlawful for any person to act as a broker of household goods commits an unlawful practice and engages in an unfair competition within the meaning of the Act.
LRB104 09525 LNS 19588 b
A BILL FOR
		HB2957		LRB104 09525 LNS 19588 b
1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by
5changing Sections 18c-1701 and 18c-1704 as follows:
6    (625 ILCS 5/18c-1701)  (from Ch. 95 1/2, par. 18c-1701)
7    Sec. 18c-1701. Violations Defined. Each person who fails
8to comply, in whole or in part, with any provision of this
9Chapter, Commission regulations or orders shall have committed
10a violation of this Chapter. Likewise, any person who aids or
11abets another in such failure to comply shall have committed a
12violation of this Chapter. The agent of a carrier shall not be
13found to have aided or abetted in violation of this Chapter
14where the act of the agent was required by this Chapter,
15Commission regulations or orders. The act or omission of any
16officer, employee, or agent within the scope of such person's
17office, employment or agency shall be deemed the act or
18omission of the business entity; such entity shall be named as
19the party defendant or respondent and, unless the officer, 
20employee, or agent has personally profited from the violation,
21the officer, employee, or agent shall not be held liable.
22Failure to comply with more than one provision of this Chapter
23or regulations or orders hereunder shall constitute multiple
		HB2957	- 2 -	LRB104 09525 LNS 19588 b
1violations. Each day's continuance of a violation shall
2constitute a separate violation.
3(Source: P.A. 84-796.)
4    (625 ILCS 5/18c-1704)  (from Ch. 95 1/2, par. 18c-1704)
5    Sec. 18c-1704. Sanctions. Each violation of this Chapter
6shall subject the violator to the following sanctions, except
7as otherwise provided elsewhere in this Chapter. Sanctions
8provided for in this Section may be imposed by the Commission
9only in compliance with the notice and hearing requirements of
10Section 18c-2102 of this Chapter.
11    (1) Criminal Misdemeanor Penalties. With the exception of 
12a violation of subsection (13) of Section 18c-5101, each [Each]
13violation of this Chapter shall constitute a Class C
14misdemeanor. The first violation of subsection (13) of Section 
1518c-510 shall constitute a Class 4 felony. Each subsequent 
16violation shall constitute a Class 3 felony.
17    (2) Civil Penalties. Except for violations of subsection 
18(13) of Section 18c-510, the [The] Commission may assess,
19against any person found by it to have violated this Chapter, a
20civil penalty not greater than $1,000 nor less than $100 per
21violation. Where the violation is a failure to comply with 
22subsection (13) of Section 18c-510, the Commission may assess 
23a civil penalty not greater than $25,000 nor less than $1,000 
24per violation. The penalty assessed by the Commission shall
25reflect the number and severity of violations found to have
		HB2957	- 3 -	LRB104 09525 LNS 19588 b
1been committed. Penalties assessed by the Commission shall be
2enforced by any court having venue in enforcement cases under
3this Chapter.
4    (3) Cease and Desist Orders. The Commission may, where a
5person is found after hearing to have violated this Chapter,
6Commission regulations or orders, and justice requires, order
7the person to cease and desist from further or from any future
8violations. A cease and desist order may be entered on the
9Commission's own motion or by agreement between the parties.
10Orders and agreements under this Section shall be valid and
11enforceable for the period stated therein, not to exceed 2
12years from the date the order or agreement is approved by the
13Commission, unless the parties stipulate otherwise. Such
14orders and agreements shall be enforceable in any court of
15this State having venue and jurisdiction in enforcement
16actions under this Chapter. Failure to comply with a
17Commission cease and desist order shall constitute a violation
18of this Chapter separate and apart from any underlying
19violations.
20    (4) Stipulated Settlements.
21        (a) General Provisions. With the exception of 
22    violations of subsection (13) of Section 18c-510, the [The]
23    Commission may accept a reasonable monetary settlement,
24    suspension or revocation of a license or registration, or
25    any other reasonable terms stipulated between the
26    respondent and staff, with or without a finding of
		HB2957	- 4 -	LRB104 09525 LNS 19588 b
1    violations.
2        (b) Presumption of Reasonableness. Such stipulations
3    shall be presumed reasonable. Unless the terms of a
4    stipulation exceed such parameters as the Commission may
5    establish, this presumption is rebuttable only by evidence
6    of record at hearing.
7        (c) Parameters. Parameters for settlement shall be
8    based on type of violation; severity, as measured by
9    revenues from unlawful activities; and number of
10    violations. Minimum settlement amounts may be established.
11        (d) Orders. Orders suspending proposed settlements
12    shall cite reasons for suspension which are specific to
13    the case. Orders rejecting proposed settlements shall
14    recite the grounds on which the settlements are found to
15    be unreasonable and describe the evidence which supports
16    such findings.
17    (5) Injunctive Relief. Any court with jurisdiction and
18venue for purposes of enforcing this Chapter shall have the
19power to enjoin any person from committing violations of this
20Chapter. Suit for penalties shall not be a prerequisite to
21injunctive relief. No bond shall be required when injunctive
22relief is granted at the request of the Commission.
23    (6) Suspension or Revocation of Licenses and
24Registrations.
25        (a) Availability of Suspension and Revocation as
26    Sanctions. Violation of this Chapter by a motor carrier of
		HB2957	- 5 -	LRB104 09525 LNS 19588 b
1    property or passengers shall, in addition to other
2    sanctions provided herein, subject the violator to
3    suspension or revocation of any or all Commission licenses
4    and registrations. The Commission may impose the sanctions
5    of suspension and revocation. Where the violation is
6    failure of a motor carrier of property or passengers to
7    have in effect and file proof of continuous insurance
8    coverage in accordance with this Chapter, Commission
9    regulations and orders, the license or registration or
10    both may be suspended by telephonic or telegraphic
11    directive, confirmed by certified or registered mail or
12    personal service, pending final disposition of revocation
13    proceedings.
14        (b) Suspension Pending Adjudication. Where the
15    violation is failure of a motor carrier of property to pay
16    a franchise or franchise renewal fee, the license or
17    registration or both may be suspended by certified or
18    registered mail or personally served directive, pending
19    final disposition of revocation proceedings.
20        (c) Special Revocation Procedures.
21            (i) Notice. The Commission shall serve notice upon
22        all persons who have failed to pay a franchise tax,
23        license fee, or penalty required under the Business
24        Corporation Act of 1983, or who have failed to comply
25        with this Chapter, Commission regulations and orders,
26        regarding the filing of proof of continuous insurance
		HB2957	- 6 -	LRB104 09525 LNS 19588 b
1        or bond coverage, the payment of periodic fees, the
2        filing of periodic reports, the payment of civil
3        penalties, or the filing of rates to the full extent of
4        a carrier's authority. The notice shall advise such
5        person of the apparent violations and state that,
6        unless the Commission receives a written request for
7        hearing or extension of time within 30 days from the
8        date the notice is served, the person's license or
9        registration will be revoked by operation of law
10        without further action by the Commission.
11            (ii) Extensions of Time. The Commission may grant
12        one extension of time not exceeding 60 days where the
13        extension will not endanger the public.
14            (iii) Request for Hearing. If a timely written
15        request for hearing is received, no further action
16        shall be taken until the requirements of Section
17        18c-2102 of this Chapter have been satisfied.
18            (iv) Revocation by Operation of Law. If, at the
19        expiration of the applicable time period, the person
20        has not complied with the pertinent requirements, and
21        a written request for hearing has not been received,
22        the person will be deemed to have waived hearing and
23        the license or registration shall be revoked by
24        operation of law without further action by the
25        Commission as if the Commission has served an order on
26        the date following expiration revoking the license or
		HB2957	- 7 -	LRB104 09525 LNS 19588 b
1        registration.
2    (7) Probation. The Commission may probate the imposition
3of any of the sanctions set forth in this Section.
4(Source: P.A. 88-415.)
5    Section 10. The Consumer Fraud and Deceptive Business
6Practices Act is amended by adding Section 2HHHH as follows:
7    (815 ILCS 505/2HHHH new)
8    Sec. 2HHHH. Violations concerning brokers of household 
9goods under the Illinois Vehicle Code. Any person who violates 
10subsection (13) of Section 18c-510, making it unlawful for any 
11person to act as a broker of household goods, commits an 
12unlawful practice and engages in an unfair competition within 
13the meaning of this Act. For purposes of this Section, the 
14terms "broker" and "household goods" shall have the same 
15definition as they have in the Illinois Vehicle Code.