Rep. Lawrence Walsh, Jr.

Filed: 3/22/2019

 

 


 

 


 
10100HB2218ham001LRB101 10231 TAE 58195 a

1
AMENDMENT TO HOUSE BILL 2218

2    AMENDMENT NO. ______. Amend House Bill 2218 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Property Tax Code is amended by changing
5Section 15-60 as follows:
 
6    (35 ILCS 200/15-60)
7    Sec. 15-60. Taxing district property. All property
8belonging to any county or municipality used exclusively for
9the maintenance of the poor is exempt, as is all property owned
10by a taxing district that is being held for future expansion or
11development, except if leased by the taxing district to lessees
12for use for other than public purposes.
13    Also exempt are:
14        (a) all swamp or overflowed lands belonging to any
15    county;
16        (b) all public buildings belonging to any county,

 

 

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1    township, or municipality, with the ground on which the
2    buildings are erected;
3        (c) all property owned by any municipality located
4    within its incorporated limits. Any such property leased by
5    a municipality shall remain exempt, and the leasehold
6    interest of the lessee shall be assessed under Section
7    9-195 of this Act, (i) for a lease entered into on or after
8    January 1, 1994, unless the lease expressly provides that
9    this exemption shall not apply; (ii) for a lease entered
10    into on or after the effective date of Public Act 87-1280
11    and before January 1, 1994, unless the lease expressly
12    provides that this exemption shall not apply or unless
13    evidence other than the lease itself substantiates the
14    intent of the parties to the lease that this exemption
15    shall not apply; and (iii) for a lease entered into before
16    the effective date of Public Act 87-1280, if the terms of
17    the lease do not bind the lessee to pay the taxes on the
18    leased property or if, notwithstanding the terms of the
19    lease, the municipality has filed or hereafter files a
20    timely exemption petition or complaint with respect to
21    property consisting of or including the leased property for
22    an assessment year which includes part or all of the first
23    12 months of the lease period. The foregoing clause (iii)
24    added by Public Act 87-1280 shall not operate to exempt
25    property for any assessment year as to which no timely
26    exemption petition or complaint has been filed by the

 

 

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1    municipality or as to which an administrative or court
2    decision denying exemption has become final and
3    nonappealable. For each assessment year or portion thereof
4    that property is made exempt by operation of the foregoing
5    clause (iii), whether such year or portion is before or
6    after the effective date of Public Act 87-1280, the
7    leasehold interest of the lessee shall, if necessary, be
8    considered omitted property for purposes of this Act;
9        (c-5) Notwithstanding clause (i) of subsection (c), or
10    any other law to the contrary, for a municipality with a
11    population over 100,000, all property owned by the a
12    municipality, or property interests or rights held by the
13    municipality, regardless of whether such property,
14    interests, or rights are, in whole or in part, within or
15    without its corporate limits, with a population of over
16    500,000 that is used for toll road or toll bridge purposes
17    and that is leased or licensed for those purposes to
18    another entity whose property or property interests or
19    rights are is not exempt shall remain exempt, and any
20    leasehold interest in such the property, interest, or
21    rights shall not be subject to taxation under Section 9-195
22    of this Code Act;
23        (d) all property owned by any municipality located
24    outside its incorporated limits but within the same county
25    when used as a tuberculosis sanitarium, farm colony in
26    connection with a house of correction, or nursery, garden,

 

 

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1    or farm, or for the growing of shrubs, trees, flowers,
2    vegetables, and plants for use in beautifying,
3    maintaining, and operating playgrounds, parks, parkways,
4    public grounds, buildings, and institutions owned or
5    controlled by the municipality;
6        (e) all property owned by a township and operated as
7    senior citizen housing under Sections 35-50 through
8    35-50.6 of the Township Code; and
9        (f) all property owned by the Executive Board of the
10    Mutual Aid Box Alarm System (MABAS), a unit of
11    intergovernmental cooperation, that is used for the public
12    purpose of disaster preparedness and response for units of
13    local government and the State of Illinois pursuant to
14    Section 10 of Article VII of the Illinois Constitution and
15    the Intergovernmental Cooperation Act.
16    All property owned by any municipality outside of its
17corporate limits is exempt if used exclusively for municipal or
18public purposes.
19    For purposes of this Section, "municipality" means a
20municipality, as defined in Section 1-1-2 of the Illinois
21Municipal Code.
22(Source: P.A. 98-206, eff. 1-1-14.)
 
23    Section 10. The Toll Highway Act is amended by changing
24Section 11 as follows:
 

 

 

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1    (605 ILCS 10/11)  (from Ch. 121, par. 100-11)
2    Sec. 11. The Authority shall have power:
3    (a) To enter upon lands, waters and premises in the State
4for the purpose of making surveys, soundings, drillings and
5examinations as may be necessary, expedient or convenient for
6the purposes of this Act, and such entry shall not be deemed to
7be a trespass, nor shall an entry for such purpose be deemed an
8entry under any condemnation proceedings which may be then
9pending; provided, however, that the Authority shall make
10reimbursement for any actual damage resulting to such lands,
11waters and premises as the result of such activities.
12    (b) To construct, maintain and operate stations for the
13collection of tolls or charges upon and along any toll
14highways.
15    (c) To provide for the collection of tolls and charges for
16the privilege of using the said toll highways. Before it adopts
17an increase in the rates for toll, the Authority shall hold a
18public hearing at which any person may appear, express
19opinions, suggestions, or objections, or direct inquiries
20relating to the proposed increase. Any person may submit a
21written statement to the Authority at the hearing, whether
22appearing in person or not. The hearing shall be held in the
23county in which the proposed increase of the rates is to take
24place. The Authority shall give notice of the hearing by
25advertisement on 3 successive days at least 15 days prior to
26the date of the hearing in a daily newspaper of general

 

 

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1circulation within the county within which the hearing is held.
2The notice shall state the date, time, and place of the
3hearing, shall contain a description of the proposed increase,
4and shall specify how interested persons may obtain copies of
5any reports, resolutions, or certificates describing the basis
6on which the proposed change, alteration, or modification was
7calculated. After consideration of any statements filed or oral
8opinions, suggestions, objections, or inquiries made at the
9hearing, the Authority may proceed to adopt the proposed
10increase of the rates for toll. No change or alteration in or
11modification of the rates for toll shall be effective unless at
12least 30 days prior to the effective date of such rates notice
13thereof shall be given to the public by publication in a
14newspaper of general circulation, and such notice, or notices,
15thereof shall be posted and publicly displayed at each and
16every toll station upon or along said toll highways.
17    (d) To construct, at the Authority's discretion, grade
18separations at intersections with any railroads, waterways,
19street railways, streets, thoroughfares, public roads or
20highways intersected by the said toll highways, and to change
21and adjust the lines and grades thereof so as to accommodate
22the same to the design of such grade separation and to
23construct interchange improvements. The Authority is
24authorized to provide such grade separations or interchange
25improvements at its own cost or to enter into contracts or
26agreements with reference to division of cost therefor with any

 

 

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1municipality or political subdivision of the State of Illinois,
2or with the Federal Government, or any agency thereof, or with
3any corporation, individual, firm, person or association.
4Where such structures have been or will be built by the
5Authority, the local highway agency or municipality with
6jurisdiction shall enter into an agreement with the Authority
7for the ongoing maintenance of the structures..
8    (e) To contract with and grant concessions to or lease or
9license to any person, partnership, firm, association or
10corporation so desiring the use of any part of any toll
11highways, excluding the paved portion thereof, but including
12the right of way adjoining, under, or over said paved portion
13for the placing of telephone, telegraph, electric, power lines
14and other utilities, and for the placing of pipe lines, and to
15enter into operating agreements with or to contract with and
16grant concessions to or to lease to any person, partnership,
17firm, association or corporation so desiring the use of any
18part of the toll highways, excluding the paved portion thereof,
19but including the right of way adjoining, or over said paved
20portion for motor fuel service stations and facilities,
21garages, stores and restaurants, or for any other lawful
22purpose, and to fix the terms, conditions, rents, rates and
23charges for such use.
24    By January 1, 2016, the Authority shall construct and
25maintain at least one electric vehicle charging station at any
26location where the Authority has entered into an agreement with

 

 

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1any entity pursuant to this subsection (e) for the purposes of
2providing motor fuel service stations and facilities, garages,
3stores, or restaurants. The Authority shall charge a fee for
4the use of these charging stations to offset the costs of
5constructing and maintaining these charging stations. The
6Authority shall adopt rules to implement the erection, user
7fees, and maintenance of electric vehicle charging stations
8pursuant to this subsection (e).
9    The Authority shall also have power to establish reasonable
10regulations for the installation, construction, maintenance,
11repair, renewal, relocation and removal of pipes, mains,
12conduits, cables, wires, towers, poles and other equipment and
13appliances (herein called public utilities) of any public
14utility as defined in the Public Utilities Act along, over or
15under any toll road project. Whenever the Authority shall
16determine that it is necessary that any such public utility
17facilities which now are located in, on, along, over or under
18any project or projects be relocated or removed entirely from
19any such project or projects, the public utility owning or
20operating such facilities shall relocate or remove the same in
21accordance with the order of the Authority. All costs and
22expenses of such relocation or removal, including the cost of
23installing such facilities in a new location or locations, and
24the cost of any land or lands, or interest in land, or any
25other rights required to accomplish such relocation or removal
26shall be ascertained and paid by the Authority as a part of the

 

 

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1cost of any such project or projects, and further, there shall
2be no rent, fee or other charge of any kind imposed upon the
3public utility owning or operating any facilities ordered
4relocated on the properties of the said Authority and the said
5Authority shall grant to the said public utility owning or
6operating said facilities and its successors and assigns the
7right to operate the same in the new location or locations for
8as long a period and upon the same terms and conditions as it
9had the right to maintain and operate such facilities in their
10former location or locations.
11    (f) To enter into an intergovernmental agreement or
12contract with a unit of local government or other public or
13private entity for the collection, enforcement, and
14administration of tolls, fees, revenue, and violations,
15including for a private bridge operator's collection,
16enforcement, and administration of tolls, violations, fees,
17fines, charges, and penalties in connection with a bridge
18authorized under the Toll Bridge Act.
19    The General Assembly finds that electronic toll collection
20systems in Illinois should be standardized to promote safety,
21efficiency, and traveler convenience. The Authority shall
22cooperate with other public and private entities to further the
23goal of standardized toll collection in Illinois and is
24authorized to provide toll collection and toll violation
25enforcement services to such entities when doing so is in the
26best interest of the Authority and consistent with its

 

 

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1obligations under Section 23 of this Act.
2(Source: P.A. 100-71, eff. 1-1-18.)
 
3    Section 15. The Toll Bridge Act is amended by changing
4Section 7 as follows:
 
5    (605 ILCS 115/7)  (from Ch. 137, par. 7)
6    Sec. 7. The county board shall fix the rates of toll, and
7may from time to time, alter and change the same, including by
8establishing a toll rate schedule, setting a maximum toll rate
9that may be adjusted from time to time, or by establishing
10another toll rate structure, and in case of the neglect of the
11owner of the bridge to keep the same in proper repair and safe
12for the crossing of persons and property, may prohibit the
13taking of toll.
14    The General Assembly finds that electronic toll collection
15systems in Illinois should be standardized to promote safety,
16efficiency, and traveler convenience. If electronic toll
17collection is used on such bridge, the county shall cause the
18configuration of the electronic toll collection system to be
19compatible with the electronic toll collection system used by
20the Illinois State Toll Highway Authority. The municipality or
21private operator may enter into an intergovernmental agreement
22with the Illinois State Toll Highway Authority to provide for
23such compatibility or to have the Authority provide electronic
24toll collection or toll violation enforcement services. Any

 

 

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1toll bridges in Winnebago County that are in operation and
2collecting tolls on the effective date of this amendatory Act
3of the 97th General Assembly are exempt from the provisions of
4the Act.
5(Source: P.A. 97-252, eff. 8-4-11.)
 
6    Section 20. The Illinois Vehicle Code is amended by adding
7Sections 3-704.3 and 6-306.8 as follows:
 
8    (625 ILCS 5/3-704.3 new)
9    Sec. 3-704.3. Failure to satisfy fines or penalties for
10toll bridge violations; suspension of vehicle registration.
11    (a) Notwithstanding any law to the contrary, upon the
12Secretary's receipt of a report, as described in subsection
13(b), from a private tolling authority stating that the owner of
14a registered vehicle has failed to satisfy any fees, fines,
15charges, or penalties resulting from a final invoice or notice
16by the private tolling authority relating directly or
17indirectly to 5 or more toll violations, the Secretary shall
18suspend the vehicle registration of the person in accordance
19with the procedures set forth in this Section.
20    (b) The report from the private tolling authority notifying
21the Secretary of unsatisfied fees, fines, charges, or penalties
22may be generated by the private tolling authority and received
23by the Secretary by automated process. The report shall contain
24the following:

 

 

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1        (1) The name, last known address, and driver's license
2    number of the person who failed to satisfy the fees, fines,
3    charges, or penalties, and the registration number of any
4    vehicle known to be registered in this State to that
5    person.
6        (2) A statement that the private tolling authority sent
7    a notice of impending suspension of the person's vehicle
8    registration to the person named in the report at the
9    address recorded with the Secretary; the date on which the
10    notice was sent; and the address to which the notice was
11    sent.
12    (c) Following the Secretary's receipt of a report described
13in subsection (b), the Secretary shall notify the person whose
14name appears on the report that the person's vehicle
15registration will be suspended at the end of a specified period
16unless the Secretary is presented with a notice from the
17private tolling authority stating that the fees, fines,
18charges, or penalties owed to the private tolling authority
19have been satisfied or that inclusion of that person's name on
20the report described in subsection (b) was in error. The
21Secretary's notice shall state in substance the information
22contained in the private tolling authority's report to the
23Secretary described in subsection (b), and shall be effective
24as specified by subsection (c) of Section 6-211.
25    (d) The private tolling authority, after making a report to
26the Secretary described in subsection (b), shall notify the

 

 

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1Secretary, on a form prescribed by the Secretary or by
2automated process, whenever a person named in the report has
3satisfied the previously reported fees, fines, charges, or
4penalties or whenever the private tolling authority determines
5that the original report was in error. A copy of the
6notification shall also be given upon request and at no
7additional charge to the person named therein. Upon receipt of
8the private tolling authority's notification, the Secretary
9shall lift the suspension.
10    (e) The private tolling authority shall establish
11procedures for persons to challenge the accuracy of the report
12described in subsection (b). The procedures shall provide the
13grounds for a challenge, which may include:
14        (1) the person not having been the owner or lessee of
15    the vehicle or vehicles receiving 5 or more toll violations
16    on the date or dates the violations occurred; or
17        (2) the person having already satisfied the fees,
18    fines, charges, or penalties for the 5 or more toll
19    violations indicated on the report described in subsection
20    (b).
21    (f) The Secretary and the Authority may promulgate rules
22necessary to implement this Section.
23    (g) The Secretary, the Authority, and the private tolling
24authority shall cooperate with one another in the
25administration and implementation of this Section.
26    (h) The Secretary shall provide the Authority and the

 

 

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1private tolling authority with any information the Authority or
2the private tolling authority may deem necessary for the
3purposes of this Section or for the private tolling authority's
4invoicing, collection, and administrative functions, including
5regular and timely access to driver's license, vehicle
6registration, and license plate information, and the
7Secretary's driver, title, and vehicle record databases.
8Section 2-123 does not apply to the provision of such
9information, but the Secretary shall be entitled to
10reimbursement for its costs in providing such information.
11    (i) The Authority shall provide the Secretary and the
12private tolling authority with any information the Secretary or
13the private tolling authority may deem necessary for purposes
14of this Section or for the private tolling authority's
15invoicing, collection, and administrative functions, including
16regular and timely access to toll violation records.
17    (j) As used in this Section:
18    "Authority" means the Illinois State Toll Highway
19Authority.
20    "Private tolling authority" means the owner, lessee,
21licensee, or operator of a toll bridge authorized under the
22Toll Bridge Act.
23    "Secretary" means the Illinois Secretary of State.
 
24    (625 ILCS 5/6-306.8 new)
25    Sec. 6-306.8. Failure to satisfy fines or penalties for

 

 

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1toll bridge violations; suspension of driving privileges.
2    (a) Notwithstanding any law to the contrary, upon the
3Secretary's receipt of a report, as described in subsection
4(b), from a private tolling authority stating that the owner of
5a registered vehicle has failed to satisfy any fees, fines,
6charges, or penalties resulting from a final invoice or notice
7by the private tolling authority relating directly or
8indirectly to 5 or more toll violations, the Secretary shall
9suspend the driving privileges of the person in accordance with
10the procedures set forth in this Section.
11    (b) The report from the private tolling authority notifying
12the Secretary of unsatisfied fees, fines, charges, or penalties
13may be generated by the private tolling authority and received
14by the Secretary by automated process. The report shall contain
15the following:
16        (1) The name, last known address, and driver's license
17    number of the person who failed to satisfy the fees, fines,
18    charges, or penalties, and the registration number of any
19    vehicle known to be registered in this State to that
20    person.
21        (2) A statement that the private tolling authority sent
22    a notice of impending suspension of the person's driver's
23    license to the person named in the report at the address
24    recorded with the Secretary; the date on which the notice
25    was sent; and the address to which the notice was sent.
26    (c) Following the Secretary's receipt of a report described

 

 

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1in subsection (b), the Secretary shall notify the person whose
2name appears on the report that the person's driver's license
3will be suspended at the end of a specified period unless the
4Secretary is presented with a notice from the private tolling
5authority stating that the fees, fines, charges, or penalties
6owed to the private tolling authority have been satisfied or
7that inclusion of that person's name on the report described in
8subsection (b) was in error. The Secretary's notice shall state
9in substance the information contained in the private tolling
10authority's report to the Secretary described in subsection
11(b), and shall be effective as specified by subsection (c) of
12Section 6-211, except as to those drivers who also have been
13issued a CDL. If a person also has been issued a CDL, notice of
14suspension of that person's driver's license must be given in
15writing by certified mail and is effective on the date listed
16in the notice of suspension, except that the notice is not
17effective until 4 days after the date on which the notice was
18deposited into the United States mail. The notice becomes
19effective 4 days after its deposit into the United States mail
20regardless of whether the Secretary of State receives the
21return receipt and regardless of whether the written
22notification is returned for any reason to the Secretary of
23State as undeliverable.
24    (d) The private tolling authority, after making a report to
25the Secretary described in subsection (b), shall notify the
26Secretary, on a form prescribed by the Secretary or by

 

 

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1automated process, whenever a person named in the report has
2satisfied the previously reported fees, fines, charges, or
3penalties or whenever the private tolling authority determines
4that the original report was in error. A copy of the
5notification shall also be given upon request and at no
6additional charge to the person named therein. Upon receipt of
7the private tolling authority's notification, the Secretary
8shall lift the suspension.
9    (e) The private tolling authority shall establish
10procedures for persons to challenge the accuracy of the report
11described in subsection (b). The procedures shall provide the
12grounds for a challenge, which may include:
13        (1) the person not having been the owner or lessee of
14    the vehicle or vehicles receiving 5 or more toll violations
15    on the date or dates the violations occurred; or
16        (2) the person having already satisfied the fees,
17    fines, charges, or penalties for the 5 or more toll
18    violations indicated on the report described in subsection
19    (b).
20    (f) The Secretary and the Authority may promulgate rules
21necessary to implement this Section.
22    (g) The Secretary, the Authority, and the private tolling
23authority shall cooperate with one another in the
24administration and implementation of this Section.
25    (h) The Secretary shall provide the Authority and the
26private tolling authority with any information the Authority or

 

 

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1the private tolling authority may deem necessary for purposes
2of this Section or for the private tolling authority's
3invoicing, collection, and administrative functions, including
4regular and timely access to driver's license, vehicle
5registration, and license plate information, and the
6Secretary's driver, title, and vehicle record databases.
7Section 2-123 does not apply to the provision of such
8information, but the Secretary shall be entitled to
9reimbursement for its costs in providing such information.
10    (i) The Authority shall provide the Secretary and the
11private tolling authority with any information the Secretary or
12the private tolling authority may deem necessary for purposes
13of this Section or for the private tolling authority's
14invoicing, collection, and administrative functions, including
15regular and timely access to toll violation records.
16    (j) As used in this Section:
17    "Authority" means the Illinois State Toll Highway
18Authority.
19    "Private tolling authority" means the owner, lessee,
20licensee, or operator of a toll bridge authorized under the
21Toll Bridge Act.
22    "Secretary" means the Illinois Secretary of State.
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".