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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

(625 ILCS 5/) Illinois Vehicle Code.

625 ILCS 5/18c-4303

    (625 ILCS 5/18c-4303) (from Ch. 95 1/2, par. 18c-4303)
    Sec. 18c-4303. Applications for Approval. Applications for approval of the transfer of a license shall be on forms prescribed by the Commission and shall, where possible, be accompanied by a copy of the written contract executed by parties to the proposed transfer. The contract must state that it:
    (1) Is expressly conditioned on approval of the transfer by the Commission;
    (2) Is a complete and exclusive statement of the rights of the parties in regard to the proposed transfer; and
    (3) Cannot be amended without notice to and approval by the Commission. The application shall also be accompanied by an abstract of shipments performed by the transferor within the last year prior to the date of the contract showing the date of each shipment, the identification number of the shipment, the origin and destination of the shipment, and a description of the commodity shipped.
    The application shall not be docketed until a contract and abstract have been filed. Where the contract cannot be signed because of some operation of law, the Commission may waive the signature of the transferor, but not the filing of the written contract.
(Source: P.A. 84-796.)

625 ILCS 5/18c-4304

    (625 ILCS 5/18c-4304) (from Ch. 95 1/2, par. 18c-4304)
    Sec. 18c-4304. Standard for Review of Applications. The Commission may approve a proposed transfer if it finds that:
    (1) The license to be transferred is in good standing and has not been abandoned, discontinued, or suspended, in whole or in part;
    (2) The proposed transferee is fit, willing, and able to provide service for which the license was issued, and to do so in compliance with provisions of this Chapter, Commission regulations and orders; and
    (3) The transfer would be consistent with the public interest and the state transportation policy.
    The Commission may approve or disapprove a transfer, in whole or in part, and may subject the transfer to such terms and conditions as will protect the public interest and effectuate the purposes of this Chapter.
(Source: P.A. 84-796.)

625 ILCS 5/18c-4305

    (625 ILCS 5/18c-4305) (from Ch. 95 1/2, par. 18c-4305)
    Sec. 18c-4305. Abandonment, Discontinuance, or Suspension of Service Under a License to be Transferred. In determining whether the proposed transferor has abandoned, discontinued or suspended service without authorization, the Commission shall only consider the operations of the transferring party performed within the last 2 years prior to the date on which the contract between transferor and transferee was executed, or the date the application was filed.
(Source: P.A. 84-796.)

625 ILCS 5/18c-4306

    (625 ILCS 5/18c-4306) (from Ch. 95 1/2, par. 18c-4306)
    Sec. 18c-4306. Expedited Transfer Procedures.
    (1) The Commission may provide for the transfer of a license, without notice and hearing, and without the necessity of making the findings specified above, when such transfer or control is to:
        (a) a member or members of the transferor's immediate
        (b) a corporation, the stock of which is wholly owned
by the transferor or members of his immediate family or a member or members of the transferor partnership;
        (c) a member or members of a partnership of which the
transferor is a partner;
        (d) a stockholder or stockholders of the transferor
corporation or of a corporation wholly owned by the transferor or the transferor's immediate family;
        (e) the heirs of a person who dies intestate or the
legatees of a testator, upon order of the probate court having jurisdiction;
        (f) the heirs or legatees of the transferor pursuant
to the Probate Act of 1975, as amended;
        (g) a corporation, more than 50% of the stock of
which is controlled by the stockholders of the transferor corporation; or
        (h) a corporation, all of the stock of which is
controlled by a member or members of the immediate family of the stockholder or stockholders of the transferor corporation.
    (2) When a transfer of a license may be accomplished on an expedited basis without notice and hearing through 2 or more transactions of the type described in subsection (a), and they do, in fact, represent a single, contemporaneous transaction, then the Commission shall allow the transfer to be made as a single transaction in a single application. However, it shall be the applicants' burden to demonstrate that they are entitled to this treatment of their application by setting forth each of the individual qualifying transactions under subsection (1) with the same detail and specificity as if each individual application were filed.
(Source: P.A. 88-415.)