Public Act 097-0784
 
HB4691 EnrolledLRB097 17663 HEP 62873 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Toll Highway Act is amended by changing
Section 19 as follows:
 
    (605 ILCS 10/19)  (from Ch. 121, par. 100-19)
    Sec. 19. The Authority shall fix and revise from time to
time, tolls or charges or rates for the privilege of using each
of the toll highways constructed pursuant to this Act. Such
tolls shall be so fixed and adjusted at rates calculated to
provide the lowest reasonable toll rates that will provide
funds sufficient with other revenues of the Authority to pay,
(a) the cost of the construction of a toll highway authorized
by joint resolution of the General Assembly pursuant to Section
14.1 and the reconstruction, major repairs or improvements of
toll highways, (b) the cost of maintaining, repairing,
regulating and operating the toll highways including only the
necessary expenses of the Authority, and (c) the principal of
all bonds, interest thereon and all sinking fund requirements
and other requirements provided by resolutions authorizing the
issuance of the bonds as they shall become due. In fixing the
toll rates pursuant to this Section 19 and Section 10(c) of
this Act, the Authority shall take into account the effect of
the provisions of this Section 19 permitting the use of the
toll highway system without payment of the covenants of the
Authority contained in the resolutions and trust indentures
authorizing the issuance of bonds of the Authority. No such
provision permitting the use of the toll highway system without
payment of tolls after the date of this amendatory Act of the
95th General Assembly shall be applied in a manner that impairs
the rights of bondholders pursuant to any resolution or trust
indentures authorizing the issuance of bonds of the Authority.
The use and disposition of any sinking or reserve fund shall be
subject to such regulation as may be provided in the resolution
or trust indenture authorizing the issuance of the bonds.
Subject to the provisions of any resolution or trust indenture
authorizing the issuance of bonds any moneys in any such
sinking fund in excess of an amount equal to one year's
interest on the bonds then outstanding secured by such sinking
fund may be applied to the purchase or redemption of bonds. All
such bonds so redeemed or purchased shall forthwith be
cancelled and shall not again be issued. No person shall be
permitted to use any toll highway without paying the toll
established under this Section except when on official Toll
Highway Authority business which includes police and other
emergency vehicles. However, any law enforcement agency
vehicle, fire department vehicle, public or private ambulance
service vehicle engaged in the performance of an emergency
service or duty that necessitates the use of the toll highway
system, or other emergency vehicle that is plainly marked shall
not be required to pay a toll to use a toll highway. A law
enforcement, fire protection, or emergency services officer
driving a law enforcement, fire protection, or emergency
services agency vehicle, or public or private ambulance service
vehicle engaging in the performance of emergency services or
duties that is not plainly marked must present an Official
Permit Card which the law enforcement, fire protection, or
emergency services officer receives from his or her law
enforcement, fire protection, or emergency services agency, or
public or private ambulance service in order to use a toll
highway without paying the toll. A law enforcement, fire
protection, or emergency services agency, or public or private
ambulance service engaging in the performance of emergency
services or duties must apply to the Authority to receive a
permit, and the Authority shall adopt rules for the issuance of
a permit, that allows public or private ambulance service
vehicles engaged in the performance of emergency services or
duties that necessitate the use of the toll highway system and
all law enforcement, fire protection, or emergency services
agency vehicles of the law enforcement, fire protection, or
emergency services agency that are not plainly marked to use
any toll highway without paying the toll established under this
Section. The Authority shall maintain in its office a list of
all persons that are authorized to use any toll highway without
charge when on official business of the Authority and such list
shall be open to the public for inspection. In recognition of
the unique role of the Suburban Bus Division of the Regional
Transportation Authority in providing effective transportation
in the Authority's service region and to give effect to the
exemption set forth in subsection (b) of Section 2.06 of the
Regional Transportation Authority Act, a vehicle owned or
operated by the Suburban Bus Division of the Regional
Transportation Authority that is being used to transport
passengers for hire may use any toll highway without paying the
toll.
    Among other matters, this amendatory Act of 1990 is
intended to clarify and confirm the prior intent of the General
Assembly to allow toll revenues from the toll highway system to
be used to pay a portion of the cost of the construction of the
North-South Toll Highway authorized by Senate Joint Resolution
122 of the 83rd General Assembly in 1984.
(Source: P.A. 95-327, eff. 1-1-08.)