093_SB1848enr

 
SB1848 Enrolled                      LRB093 05250 DRH 05337 b

 1        AN ACT in relation to the  Illinois  State  Toll  Highway
 2    Authority.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Toll Highway Act is amended  by  changing
 6    Sections  10,  11,  17,  and 27.1 and by adding Sections 8.1,
 7    9.65, 16.2, and 20.2 as follows:

 8        (605 ILCS 10/8.1 new)
 9        Sec. 8.1.  Inspector General.
10        (a)  The Governor must, with the advice  and  consent  of
11    the  Senate,  appoint an Inspector General for the purpose of
12    detection, deterrence, and prevention of  fraud,  corruption,
13    and  mismanagement  in  the Authority.  The Inspector General
14    shall serve a 2-year term.  If no successor is appointed  and
15    qualified  upon  the  expiration  of  the Inspector General's
16    term, the Office of Inspector General is  deemed  vacant  and
17    the  powers  and  duties  under this Section may be exercised
18    only by an appointed and qualified interim Inspector  General
19    until   a   successor  Inspector  General  is  appointed  and
20    qualified.  If the General Assembly is not in session when  a
21    vacancy  in  the  Office  of  Inspector  General  occurs, the
22    Governor may appoint an interim Inspector General whose  term
23    shall  expire  2  weeks  after  the  next regularly scheduled
24    session day of the Senate.
25        (b)  The  Inspector  General  shall  have  the  following
26    qualifications:
27             (1)  has not been convicted  of any felony under the
28        laws of this State, another State, or the United States;
29             (2)  has  earned  a  baccalaureate  degree  from  an
30        institution of higher education; and
31             (3)  has either (A) 5 or more years of service  with
 
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 1        a  federal,  State,  or  local law enforcement agency, at
 2        least 2  years  of  which  have  been  in  a  progressive
 3        investigatory capacity; (B) 5 or more years of service as
 4        a  federal,  State, or local prosecutor; or (C) 5 or more
 5        years of service as a senior manager or  executive  of  a
 6        federal, State, or local agency.
 7        (c)  The  Inspector  General  may review, coordinate, and
 8    recommend methods and procedures to increase the integrity of
 9    the Authority.  The Inspector General must report directly to
10    the Governor.
11        (d)  In addition to the authority otherwise  provided  by
12    this  Section, but only when investigating the Authority, its
13    employees,  or  their  actions  for  fraud,  corruption,   or
14    mismanagement, the Inspector General is authorized:
15             (1)  To have access to all records, reports, audits,
16        reviews,  documents,  papers,  recommendations,  or other
17        materials  available  that   relate   to   programs   and
18        operations  with  respect  to which the Inspector General
19        has responsibilities under this Section.
20             (2)  To make any investigations and reports relating
21        to the administration of the programs and  operations  of
22        the  Authority that are, in the judgment of the Inspector
23        General, necessary or desirable.
24             (3)  To request any information or  assistance  that
25        may   be  necessary  for  carrying  out  the  duties  and
26        responsibilities provided by this Section from any local,
27        State, or federal governmental agency or unit thereof.
28             (4)  To  issue  subpoenas  subject  to  the  advance
29        approval of the  Attorney  General,  and  to  compel  the
30        attendance of witnesses for purposes of testimony and the
31        production  of  documents  and other items for inspection
32        and copying. If  a  person  has  petitioned  a  court  of
33        competent  jurisdiction  in Cook County, Sangamon County,
34        or any county where the subpoena is sought to be enforced
 
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 1        for  a  protective  order  or  to  quash  or  modify  the
 2        subpoena, then this Section does  not  apply  during  the
 3        pendency   of   the   court  proceedings  concerning  the
 4        petition.  A  person  duly  subpoenaed   for   testimony,
 5        documents,  or  other  items  who  neglects or refuses to
 6        testify or produce documents or  other  items  under  the
 7        requirements   of   the  subpoena  shall  be  subject  to
 8        punishment as may be determined by a court  of  competent
 9        jurisdiction,  unless  (i)  the  testimony, documents, or
10        other items are covered by the attorney-client  privilege
11        or  any  other  privilege  recognized  by law or (ii) the
12        testimony,  documents,  or  other   items   concern   the
13        representation   of  employees  and  the  negotiation  of
14        collective bargaining agreements by a labor  organization
15        authorized and recognized under the Illinois Public Labor
16        Relations    Act   to   be   the   exclusive   bargaining
17        representatives of employees of the State agency. Nothing
18        in this Section limits a  person's  right  to  protection
19        against  self-incrimination  under the Fifth Amendment of
20        the United States Constitution or Article I, Section  10,
21        of the Constitution of the State of Illinois.
22             (5)  To  have  direct and prompt access to the Board
23        of Directors of the Authority for any purpose  pertaining
24        to  the  performance  of  functions  and responsibilities
25        under this Section.
26        (f)  The Inspector General may  receive  and  investigate
27    complaints  or  information from an employee of the Authority
28    concerning the possible existence of an activity constituting
29    a violation of law,  rules,  or  regulations;  mismanagement;
30    abuse of authority; or substantial and specific danger to the
31    public  health  and safety.  The Inspector General shall have
32    the  discretion  to  determine  the  appropriate   means   of
33    investigation  as permitted by law and as approved in advance
34    by the Attorney General.  Any employee who knowingly files  a
 
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 1    false  complaint or files a complaint with reckless disregard
 2    for the truth or the falsity  of  the  facts  underlying  the
 3    complaint may be subject to discipline.
 4        The  Inspector  General  may  not,  after  receipt  of  a
 5    complaint  or  information  from  an  employee,  disclose the
 6    identity of the employee without the consent of the employee.
 7        Any employee  who  has  the  authority  to  recommend  or
 8    approve any personnel action or to direct others to recommend
 9    or approve any personnel action may not, with respect to that
10    authority,  take  or  threaten to take any action against any
11    employee as a reprisal for making a complaint  or  disclosing
12    information  to  the  Inspector General, unless the complaint
13    was made or the information disclosed with the knowledge that
14    it was false or with  willful  disregard  for  its  truth  or
15    falsity.
16        (g)  The   Inspector   General   must   adopt  rules,  in
17    accordance with the provisions of the Illinois Administrative
18    Procedure  Act,   establishing   minimum   requirements   for
19    initiating,  conducting,  and completing investigations.  The
20    rules must establish criteria for determining, based upon the
21    nature  of  the  allegation,  the   appropriate   method   of
22    investigation, which may include, but is not limited to, site
23    visits,  telephone contacts, personal interviews, or requests
24    for written responses.  The rules must also clarify  how  the
25    Office  of  the  Inspector  General shall interact with other
26    local, State, and federal law enforcement investigations.
27        Any employee of the Authority subject to investigation or
28    inquiry  by  the  Inspector   General   or   any   agent   or
29    representative  of the Inspector General shall have the right
30    to be notified of the  right  to  remain  silent  during  the
31    investigation  or  inquiry and the right to be represented in
32    the investigation or inquiry by a representative of  a  labor
33    organization  that  is  the  exclusive  collective bargaining
34    representative  of  employees  of  the  Authority.  Any  such
 
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 1    investigation or inquiry must be conducted in compliance with
 2    the provisions of  a  collective  bargaining  agreement  that
 3    applies to the employees of the Authority. Any recommendation
 4    for  discipline  or  any action taken against any employee by
 5    the Inspector General or any representative or agent  of  the
 6    Inspector  General  must  comply  with  the provisions of the
 7    collective bargaining agreement that applies to the employee.
 8        (h)  The Inspector General shall provide to the Authority
 9    and  the  General  Assembly  a   summary   of   reports   and
10    investigations  made  under  this  Section  for  the previous
11    fiscal year no  later  than  January  1  of  each  year.  The
12    summaries shall detail the final disposition of the Inspector
13    General's  recommendations.  The  summaries shall not contain
14    any confidential or identifying  information  concerning  the
15    subjects  of  the  reports  and investigations. The summaries
16    shall  also  include  detailed,  recommended   administrative
17    actions   and   matters  for  consideration  by  the  General
18    Assembly.
19        (i)  The  Office  of  the  Inspector  General  shall   be
20    represented in all legal matters by the Attorney General.

21        (605 ILCS 10/9.65 new)
22        Sec.   9.65.  Construction   of   sound   barriers.   The
23    Authority shall use concrete masonry blocks to construct  all
24    sound  barriers  along any portion of the toll highway system
25    that is constructed on or after the effective  date  of  this
26    amendatory Act of the 93rd General Assembly.

27        (605 ILCS 10/10) (from Ch. 121, par. 100-10)
28        Sec. 10. The Authority shall have power:
29        (a)  To   pass   resolutions,  make  by-laws,  rules  and
30    regulations for the management, regulation and control of its
31    affairs, and to fix tolls, and to make, enact and enforce all
32    needful  rules  and  regulations  in  connection   with   the
 
SB1848 Enrolled            -6-       LRB093 05250 DRH 05337 b
 1    construction,  operation,  management,  care,  regulation  or
 2    protection  of its property or any toll highways, constructed
 3    or reconstructed hereunder.
 4        (a-5)  To fix, assess, and  collect  civil  fines  for  a
 5    vehicle's  operation  on  a toll highway without the required
 6    toll having been paid. The Authority may establish by rule  a
 7    system  of  civil  administrative  adjudication to adjudicate
 8    only alleged instances of a vehicle's  operation  on  a  toll
 9    highway  without  the  required  toll  having  been  paid, as
10    detected by  the  Authority's  video  or  photo  surveillance
11    system.  In  those cases in which the operator of the vehicle
12    is not the registered vehicle  owner,  the  establishment  of
13    ownership  of  the  vehicle  creates a rebuttable presumption
14    that the vehicle was  being  operated  by  an  agent  of  the
15    registered  vehicle  owner.  If  the registered vehicle owner
16    liable for  a  violation  under  this  Section  was  not  the
17    operator  of  the  vehicle  at the time of the violation, the
18    owner may maintain an action for indemnification against  the
19    operator in the circuit court. Rules establishing a system of
20    civil  administrative  adjudication  must provide for written
21    notice, by first class mail or other means provided  by  law,
22    to  the  address of the registered owner of the cited vehicle
23    as recorded with the Secretary of State or to the  lessee  of
24    the  cited vehicle at the last address known to the lessor of
25    the cited vehicle at the time of the lease,  of  the  alleged
26    violation  and  an opportunity to be heard on the question of
27    the violation and must provide for  the  establishment  of  a
28    toll-free  telephone  number  to receive inquiries concerning
29    alleged  violations.  The  notice  shall  also   inform   the
30    registered  vehicle  owner  that  failure  to  contest in the
31    manner and time provided shall  be  deemed  an  admission  of
32    liability and that a final order of liability may be entered.
33    A  duly  authorized  agent  of  the  Authority may perform or
34    execute  the  preparation,  certification,  affirmation,   or
 
SB1848 Enrolled            -7-       LRB093 05250 DRH 05337 b
 1    mailing  of  the  notice.  A  notice  of  violation, sworn or
 2    affirmed to or certified by a duly authorized  agent  of  the
 3    Authority,  or  a  facsimile  of  the  notice,  based upon an
 4    inspection of photographs,  microphotographs,  videotape,  or
 5    other   recorded   images   produced  by  a  video  or  photo
 6    surveillance  system,  shall  be  admitted  as  prima   facie
 7    evidence  of  the  correctness  of the facts contained in the
 8    notice  or  facsimile.  Only  civil  fines,  along  with  the
 9    corresponding outstanding toll and costs, may be  imposed  by
10    administrative  adjudication.   A  fine  may be imposed under
11    this paragraph only  if  a  violation  is  established  by  a
12    preponderance  of the evidence.  Judicial review of all final
13    orders  of  the  Authority  under  this  paragraph  shall  be
14    conducted in accordance with the Administrative Review Law.
15        Any outstanding toll, fine, additional late payment fine,
16    other sanction, or costs imposed, or part of any fine,  other
17    sanction,  or  costs  imposed,  remaining  unpaid  after  the
18    exhaustion  of,  or  the  failure to exhaust, judicial review
19    procedures under the Illinois Administrative Review Law are a
20    debt due and owing the Authority  and  may  be  collected  in
21    accordance  with  applicable  law.  After  expiration  of the
22    period  in  which  judicial   review   under   the   Illinois
23    Administrative Review Law may be sought, a final order of the
24    Authority  under  this  subsection  (a-5), unless stayed by a
25    court of competent jurisdiction, may be enforced in the  same
26    manner  as  a  judgment  entered  by  a  court  of  competent
27    jurisdiction.  Upon  being recorded in the manner required by
28    Article XII of the Code of Civil Procedure or by the  Uniform
29    Commercial  Code,  a lien shall be imposed on the real estate
30    or personal estate or both of the party adjudicated liable in
31    the amount of any debt due and owing the Authority under this
32    Section. The lien may be enforced in the  same  manner  as  a
33    judgment  lien pursuant to a judgment of a court of competent
34    jurisdiction.
 
SB1848 Enrolled            -8-       LRB093 05250 DRH 05337 b
 1        A system of civil administrative  adjudication  may  also
 2    provide  for  a program of vehicle immobilization, towing, or
 3    impoundment for the purpose of  facilitating  enforcement  of
 4    any final orders of the Authority under this subsection (a-5)
 5    after expiration of the period in which judicial review under
 6    the  Illinois  Administrative  Review  Law may be sought. The
 7    registered vehicle owner of a vehicle immobilized, towed,  or
 8    impounded  for  nonpayment  of a final order of the Authority
 9    under this subsection (a-5) shall have the right to request a
10    hearing   before   the   Authority's   civil   administrative
11    adjudicatory  system  to  challenge  the  validity   of   the
12    immobilization,   towing,   or   impoundment.  This  hearing,
13    however, shall not constitute a readjudication of the  merits
14    of  previously  adjudicated  notices.  Judicial review of all
15    final orders of the Authority  under  this  subsection  (a-5)
16    shall  be  conducted  in  accordance  with the Administrative
17    Review Law.
18        (b)  To prescribe rules  and  regulations  applicable  to
19    traffic  on highways under the jurisdiction of the Authority,
20    concerning:
21             (1)  Types  of  vehicles  permitted  to   use   such
22        highways  or  parts  thereof,  and classification of such
23        vehicles;
24             (2)  Designation of the lanes of traffic to be  used
25        by  the  different  types of vehicles permitted upon said
26        highways;
27             (3)  Stopping, standing, and parking of vehicles;
28             (4)  Control of traffic by means of police  officers
29        or traffic control signals;
30             (5)  Control or prohibition of processions, convoys,
31        and assemblages of vehicles and persons;
32             (6)  Movement  of  traffic  in one direction only on
33        designated portions of said highways;
34             (7)  Control of the access, entrance,  and  exit  of
 
SB1848 Enrolled            -9-       LRB093 05250 DRH 05337 b
 1        vehicles and persons to and from said highways; and
 2             (8)  Preparation,  location  and installation of all
 3        traffic  signs;  and  to  prescribe  further  rules   and
 4        regulations   applicable   to  such  traffic,  concerning
 5        matters  not  provided  for  either  in   the   foregoing
 6        enumeration  or  in  the Illinois Vehicle Code. Notice of
 7        such rules and regulations shall be posted  conspicuously
 8        and  displayed  at  appropriate  points and at reasonable
 9        intervals along said highways, by clearly legible markers
10        or signs, to provide notice  of  the  existence  of  such
11        rules  and  regulations  to  persons  traveling  on  said
12        highways.  At each toll station, the Authority shall make
13        available, free of charge, pamphlets  containing  all  of
14        such rules and regulations.
15        (c)  The  Authority, in fixing the rate for tolls for the
16    privilege of using the said toll highways, is authorized  and
17    directed,  in fixing such rates, to base the same upon annual
18    estimates to be made, recorded and filed with the  Authority.
19    Said  estimates  shall  include  the following: The estimated
20    total amount of the use of the toll highways;  the  estimated
21    amount  of  the  revenue  to be derived therefrom, which said
22    revenue, when added to all other receipts and income, will be
23    sufficient to pay the expense of  maintaining  and  operating
24    said  toll highways, including the administrative expenses of
25    the Authority,  and  to  discharge  all  obligations  of  the
26    Authority as they become due and payable.
27        (d)  To   accept   from  any  municipality  or  political
28    subdivision any lands, easements or rights in land needed for
29    the operation, construction, relocation or maintenance of any
30    toll highways, with or without payment therefor, and  in  its
31    discretion  to  reimburse  any such municipality or political
32    subdivision out of its funds for any cost or expense incurred
33    in the acquisition of land, easements or rights in  land,  in
34    connection  with  the construction and relocation of the said
 
SB1848 Enrolled            -10-      LRB093 05250 DRH 05337 b
 1    toll highways, widening, extending roads, streets or  avenues
 2    in connection therewith, or for the construction of any roads
 3    or  streets  forming  extension  to  and  connections with or
 4    between any toll highways, or for  the  cost  or  expense  of
 5    widening,   grading,  surfacing  or  improving  any  existing
 6    streets or roads or the construction of any streets and roads
 7    forming extensions of or connections with any  toll  highways
 8    constructed,  relocated,  operated,  maintained  or regulated
 9    hereunder  by  the  Authority.  Where  property  owned  by  a
10    municipality or political subdivision  is  necessary  to  the
11    construction  of  an  approved toll highway, if the Authority
12    cannot reach an agreement with such municipality or political
13    subdivision and if the use to which the property is being put
14    in the hands of the municipality or political subdivision  is
15    not  essential to the existence or the administration of such
16    municipality or  political  subdivision,  the  Authority  may
17    acquire the property by condemnation.
18    (Source: P.A. 89-120, eff. 7-7-95.)

19        (605 ILCS 10/11) (from Ch. 121, par. 100-11)
20        Sec. 11. The Authority shall have power:
21        (a)  To  enter  upon  lands,  waters  and premises in the
22    State for the purpose of making surveys, soundings, drillings
23    and examinations as may be necessary, expedient or convenient
24    for the purposes of this Act, and such  entry  shall  not  be
25    deemed  to be a trespass, nor shall an entry for such purpose
26    be deemed an entry under any condemnation  proceedings  which
27    may  be  then  pending; provided, however, that the Authority
28    shall make reimbursement for any actual damage  resulting  to
29    such  lands,  waters  and  premises  as  the  result  of such
30    activities.
31        (b)  To construct, maintain and operate stations for  the
32    collection  of  tolls  or  charges  upon  and  along any toll
33    highways.
 
SB1848 Enrolled            -11-      LRB093 05250 DRH 05337 b
 1        (c)  To provide for the collection of tolls  and  charges
 2    for  the privilege of using the said toll highways. Before it
 3    adopts an increase in the rates for toll, the Authority shall
 4    hold a public hearing at which any person may appear, express
 5    opinions, suggestions, or  objections,  or  direct  inquiries
 6    relating  to the proposed increase.   Any person may submit a
 7    written statement to the Authority at  the  hearing,  whether
 8    appearing in person or not.  The hearing shall be held in the
 9    county in which the proposed increase of the rates is to take
10    place.   The  Authority  shall  give notice of the hearing by
11    advertisement on 3 successive days at least 15 days prior  to
12    the  date  of  the  hearing  in  a daily newspaper of general
13    circulation within the county within  which  the  hearing  is
14    held.    The  notice shall state the date, time, and place of
15    the hearing, shall contain  a  description  of  the  proposed
16    increase, and shall specify how interested persons may obtain
17    copies   of   any   reports,   resolutions,  or  certificates
18    describing  the  basis  on   which   the   proposed   change,
19    alteration,    or   modification   was   calculated.    After
20    consideration of  any  statements  filed  or  oral  opinions,
21    suggestions,  objections,  or  inquiries made at the hearing,
22    the Authority may proceed to adopt the proposed  increase  of
23    the   rates   for  toll.   No  change  or  alteration  in  or
24    modification of the rates for toll shall be effective  unless
25    at  least  30  days prior to the effective date of such rates
26    notice thereof shall be given to the public by publication in
27    a newspaper of  general  circulation,  and  such  notice,  or
28    notices,  thereof  shall  be posted and publicly displayed at
29    each and every toll station upon or along said toll highways.
30        (d)  To construct, at the Authority's  discretion,  grade
31    separations  at  intersections with any railroads, waterways,
32    street railways,  streets,  thoroughfares,  public  roads  or
33    highways intersected by the said toll highways, and to change
34    and  adjust the lines and grades thereof so as to accommodate
 
SB1848 Enrolled            -12-      LRB093 05250 DRH 05337 b
 1    the same to the  design  of  such  grade  separation  and  to
 2    construct   interchange   improvements.   The   Authority  is
 3    authorized to provide such grade separations  or  interchange
 4    improvements  at  its  own cost or to enter into contracts or
 5    agreements with reference to division of cost  therefor  with
 6    any  municipality  or  political  subdivision of the State of
 7    Illinois, or with  the  Federal  Government,  or  any  agency
 8    thereof, or with any corporation, individual, firm, person or
 9    association.  Where  such  structures  have been built by the
10    Authority and a local highway agency did not  enter  into  an
11    agreement  to  the contrary, the Authority shall maintain the
12    entire  structure,  including  the  road  surface,   at   the
13    Authority's expense.
14        (e)  To  contract  with and grant concessions to or lease
15    or license to any person, partnership, firm,  association  or
16    corporation  so  desiring  the  use  of  any part of any toll
17    highways, excluding the paved portion thereof, but  including
18    the right of way adjoining, under, or over said paved portion
19    for  the  placing  of  telephone,  telegraph, electric, power
20    lines and other utilities, and for the placing of pipe lines,
21    and to enter into operating agreements with  or  to  contract
22    with  and  grant  concessions  to  or to lease to any person,
23    partnership, firm, association or corporation so desiring the
24    use of any part of the toll  highways,  excluding  the  paved
25    portion thereof, but including the right of way adjoining, or
26    over  said  paved portion for motor fuel service stations and
27    facilities, garages, stores and restaurants, or for any other
28    lawful purpose, and to  fix  the  terms,  conditions,  rents,
29    rates and charges for such use.
30        The   Authority   shall  also  have  power  to  establish
31    reasonable regulations for  the  installation,  construction,
32    maintenance,  repair,  renewal,  relocation  and  removal  of
33    pipes,  mains,  conduits,  cables,  wires,  towers, poles and
34    other  equipment  and  appliances   (herein   called   public
 
SB1848 Enrolled            -13-      LRB093 05250 DRH 05337 b
 1    utilities)  of  any  public  utility as defined in the Public
 2    Utilities Act along, over or under  any  toll  road  project.
 3    Whenever  the  Authority shall determine that it is necessary
 4    that any such public utility facilities which now are located
 5    in, on, along, over or  under  any  project  or  projects  be
 6    relocated  or  removed  entirely  from  any  such  project or
 7    projects,  the  public  utility  owning  or  operating   such
 8    facilities  shall  relocate  or remove the same in accordance
 9    with the order of the Authority. All costs  and  expenses  of
10    such  relocation or removal, including the cost of installing
11    such facilities in a new location or locations, and the  cost
12    of  any  land  or  lands,  or  interest in land, or any other
13    rights required to  accomplish  such  relocation  or  removal
14    shall  be  ascertained and paid by the Authority as a part of
15    the cost of any such project or projects, and further,  there
16    shall  be  no  rent,  fee or other charge of any kind imposed
17    upon the public utility owning or  operating  any  facilities
18    ordered relocated on the properties of the said Authority and
19    the  said  Authority  shall  grant to the said public utility
20    owning or operating said facilities and  its  successors  and
21    assigns  the right to operate the same in the new location or
22    locations for as long a period and upon the  same  terms  and
23    conditions  as  it had the right to maintain and operate such
24    facilities in their former location or locations.
25        (f)  To enter into  a  contract  with  a  unit  of  local
26    government  or other public or private entity under which the
27    Authority agrees to collect by electronic means tolls,  fees,
28    or revenues on behalf of that entity.
29    (Source: P.A. 90-681, eff. 7-31-98.)

30        (605 ILCS 10/16.2 new)
31        Sec. 16.2.  Financial benefit prohibited.
32        (a)  A  director, employee, or agent of the Authority may
33    not receive a financial benefit from a contract  let  by  the
 
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 1    Authority  during  his  or  her  term  of  service  with  the
 2    Authority  and  for  a  period  of  one  year  following  the
 3    termination  of  his  or her term of service as a director of
 4    the Authority or as an employee or agent of the Authority.
 5        (b)  A member of the immediate family or household  of  a
 6    director, employee, or agent of the Authority may not receive
 7    a  financial  benefit  from  a  contract let by the Authority
 8    during the immediate family or  household  member's  term  of
 9    service  with  the  Authority  and  for  a period of one year
10    following  the  termination  of  the  immediate   family   or
11    household  member's  term  of  service  as  a director of the
12    Authority or as an employee or agent of the Authority.
13        (c)  A director, employee, or agent of the Authority  may
14    not   use   material   non-public  information  for  personal
15    financial gain nor may he or she disclose that information to
16    any other person for that person's  personal  financial  gain
17    when  that information was obtained as a result of his or her
18    directorship, employment, or agency with the Authority.
19        (d)  A member of the immediate family or household  of  a
20    director,  employee,  or  agent  of the Authority may not use
21    material non-public information for personal  financial  gain
22    nor  may  he  or  she  disclose that information to any other
23    person for that person's personal financial  gain  when  that
24    information  was obtained as a result of his or her immediate
25    family or household  member's  directorship,  employment,  or
26    agency with the Authority.
27        (e)  For  purposes  of this Section, "immediate family or
28    household member" means the spouse, child,  parent,  brother,
29    sister,  grandparent,  or  grandchild,  whether  of the whole
30    blood or half blood or by adoption, or a person who shares  a
31    common  dwelling  with a director of the Authority or with an
32    employee or agent of the Authority.

33        (605 ILCS 10/17) (from Ch. 121, par. 100-17)
 
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 1        Sec. 17.  (a) The Authority may from time to  time  issue
 2    bonds  for  any lawful purpose including, without limitation,
 3    the costs of issuance thereof and all  such  bonds  or  other
 4    obligations  of  the  Authority  issued  pursuant to this Act
 5    shall be and are hereby declared to  be  negotiable  for  all
 6    purposes  notwithstanding their payment from a limited source
 7    and without regard to any other law or laws.
 8        (b)  The bonds of every issue shall be payable solely out
 9    of revenues of the Authority, accumulated reserves or sinking
10    funds,  bond  proceeds,  proceeds  of  refunding  bonds,   or
11    investment  earnings as the Authority shall specify in a bond
12    resolution.
13        (c)  The bonds may be issued as serial bonds or  as  term
14    bonds,  or  the Authority, in its discretion, may issue bonds
15    of both types.  The bonds  shall  be  authorized  by  a  bond
16    resolution  of  the  Authority,  may be issued in one or more
17    series and shall bear such date or dates, mature at such time
18    or times not exceeding 25 years from their respective date or
19    dates of issue, bear interest at such rate or rates, fixed or
20    variable, without regard to any limit contained in any  other
21    statute  or  law  of  the State of Illinois, be payable as to
22    principal and interest at such time  or  times,  be  in  such
23    denominations,  be  in  such  form,  either  coupon  or fully
24    registered,   carry   such   registration   and    conversion
25    privileges,  be  payable in lawful money of the United States
26    of America at such  places,  be  subject  to  such  terms  of
27    redemption  and  may contain such other terms and provisions,
28    as such bond resolution  or  resolutions  may  provide.   The
29    bonds shall be executed by the manual or facsimile signatures
30    of  the  Chairman  and  the  Secretary.   In  case any of the
31    officers whose signature appears on the bonds or coupons,  if
32    any, shall cease to be an officer before the delivery of such
33    bonds,   such  signature  shall  nevertheless  be  valid  and
34    sufficient for all purposes, as if he had remained in  office
 
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 1    until  such delivery.  The bonds shall be sold in such manner
 2    as the Authority shall determine.  The proceeds from the sale
 3    of such bonds shall be paid to the Treasurer of the State  of
 4    Illinois  as ex officio custodian. Pending preparation of the
 5    definitive bonds, the Authority may issue interim receipts or
 6    certificates which shall be  exchanged  for  such  definitive
 7    bonds.
 8        (d)  Any bond resolution, or trust indenture entered into
 9    pursuant  to a bond resolution, may contain provisions, which
10    shall be a part of the contract with the holders of the bonds
11    to be authorized, as to: (i) pledging or creating a lien upon
12    all or part of the revenues of the Authority or any reserves,
13    sinking funds, bond proceeds or investment earnings; (ii) the
14    setting  aside  of  reserves  or  sinking  funds,   and   the
15    regulation, investment and disposition thereof; (iii) the use
16    and  maintenance requirements for the toll highways; (iv) the
17    purposes to which or the investments in which the proceeds of
18    sale of any series or issue of bonds then or thereafter to be
19    issued may be applied; (v) the issuance of additional  bonds,
20    the  terms  upon  which  additional  bonds  may be issued and
21    secured, the purposes for  such  additional  bonds,  and  the
22    terms  upon which additional bonds may rank on a parity with,
23    or be subordinate  or  superior  to  other  bonds;  (vi)  the
24    refunding  of outstanding bonds; (vii) the procedure, if any,
25    by which the terms of any contract with  bondholders  may  be
26    amended  or  abrogated,  the  amount  of bonds the holders of
27    which must consent thereto, and  the  manner  in  which  such
28    consent  may  be given; (viii) defining the acts or omissions
29    to act which shall constitute a default in the duties of  the
30    Authority  to  holders  of  its obligations and providing the
31    rights and remedies  of  such  holders  in  the  event  of  a
32    default;  (ix)  any other matters relating to the bonds which
33    the Authority deems desirable.
34        (e)  Neither the  directors  of  the  Authority  nor  any
 
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 1    person  executing the bonds shall be liable personally on the
 2    bonds  or  be  subject   to   any   personal   liability   or
 3    accountability by reason of the issuance thereof.
 4        (f)  The  Authority  shall  have  power  out of any funds
 5    available therefor to purchase its bonds.  The Authority  may
 6    hold,  pledge,  cancel or resell such bonds subject to and in
 7    accordance with agreements with bondholders.
 8        (g)  In the discretion of the Authority any bonds  issued
 9    under  the  provisions  of this Act may be secured by a trust
10    indenture by and between  the  Authority  and  a  trustee  or
11    trustees, which may be any trust company or bank in the State
12    of  Illinois  having  the  powers  of  a  trust  company  and
13    possessing capital and surplus of not less than $50,000,000.
14    The  bond  resolution  or  trust  indenture providing for the
15    issuance of bonds so secured shall pledge  such  revenues  of
16    the  Authority,  sinking  funds, bond proceeds, or investment
17    earnings as  may  be  specified  therein,  may  contain  such
18    provisions  for  protecting  and  enforcing  the  rights  and
19    remedies  of  the bondholders as may be reasonable and proper
20    and not in violation  of  law,  including  particularly  such
21    provisions  as  have hereinabove been specifically authorized
22    to be included in any bond resolution or trust  indenture  of
23    the  Authority,  and  may  restrict  the  individual right of
24    action by bondholders.  In addition  to  the  foregoing,  any
25    bond  resolution  or  trust  indenture may contain such other
26    provisions as the Authority may deem  reasonable  and  proper
27    for  the  security  of  the  bondholders,  including, but not
28    limited  to,  the  purchase  of  bond   insurance   and   the
29    arrangement  of  letters  of credit, lines of credit or other
30    credit or liquidity enhancement  facilities;  provided  there
31    shall  be  no pledge of the toll highway or any part thereof.
32    All expenses incurred in carrying out the provisions  of  any
33    bond  resolution  or trust indenture may be treated as a part
34    of the cost of the operation of the toll highways.
 
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 1        (h)  Bonds issued under the authority of this Act do not,
 2    and shall state upon the face of each bond that they do  not,
 3    represent  or  constitute  a  debt of the Authority or of the
 4    State of Illinois within the meaning of any constitutional or
 5    statutory limitation or a pledge of the faith and  credit  of
 6    the  Authority  or  the  State  of  Illinois, or grant to the
 7    owners or holders thereof any right to have the Authority  or
 8    the  General Assembly levy any taxes or appropriate any funds
 9    for the payment of the principal thereof or interest thereon.
10    Such bonds shall be payable and shall  state  that  they  are
11    payable  solely  from the revenues and the sources authorized
12    under this Act and pledged for their  payment  in  accordance
13    with the bond resolution or trust indenture.
14        Nothing  in  this Act shall be construed to authorize the
15    Authority or  any  department,  board,  commission  or  other
16    agency  to  create  an  obligation  of  the State of Illinois
17    within  the  meaning  of  the  Constitution  or  Statutes  of
18    Illinois.
19        (i) Any resolution or  trust  indenture  authorizing  the
20    issuance  of the bonds may include provision for the issuance
21    of additional bonds.  All resolutions  of  the  Authority  to
22    carry  such  adopted bond resolutions into effect, to provide
23    for the sale and  delivery  of  the  bonds,  for  letting  of
24    contracts  for  the  construction  of  toll  highways and the
25    acquisition of real  and  personal  property  deemed  by  the
26    Authority   necessary  or  convenient  for  the  construction
27    thereof, shall not require the approval of the Governor or of
28    any other department, division, commission, bureau, board  or
29    other agency of the State.
30        (j)  Prior  to  expending  or  obligating  any amounts on
31    deposit in any  fund  or  account  established  in  any  bond
32    resolution or trust indenture entered into pursuant to a bond
33    resolution,  in  excess  of the amount required to be held by
34    the Authority in order to satisfy  covenants  established  in
 
SB1848 Enrolled            -19-      LRB093 05250 DRH 05337 b
 1    any  such  bond  resolution  or  trust indenture entered into
 2    pursuant to a bond resolution, the Authority shall submit  to
 3    the  General Assembly the proposed expenditure or obligation.
 4    If the General Assembly fails to  adopt  a  joint  resolution
 5    disapproving  of  such  expenditure  or obligation within the
 6    current legislative session, or, if the General  Assembly  is
 7    not  in  session  at  the time of submission, during the next
 8    legislative session thereafter, the Authority may proceed  to
 9    expend  or  obligate  such  funds substantially in accordance
10    with such proposal.
11    (Source: P.A. 83-1258.)

12        (605 ILCS 10/20.2 new)
13        Sec. 20.2. Comprehensive Strategic Financial Plan.
14        (a)  The Authority must submit to the  General  Assembly,
15    not   later  than  May  15,  2004,  a  20-year  comprehensive
16    strategic financial plan.  The  plan  must  include  detailed
17    information  regarding  the Authority's income, expenditures,
18    debt, capital needs, and the cost of any planned toll highway
19    extensions. The Authority must provide detailed and  specific
20    information  regarding  how  it  will fund its debt, unfunded
21    capital needs, and the planned toll highway extensions.  This
22    information must include the possibility of obtaining federal
23    funds,  both  loans  and  grants,  under  the  Transportation
24    Infrastructure Innovation Act or other federal programs.
25        (b)  Before submitting the plan under subsection (a), the
26    Authority must hold at least 2 public hearings at  which  any
27    person   may   appear,   express  opinions,  suggestions,  or
28    objections, or direct  inquiries  relating  to  the  proposed
29    plan. The Authority may not hold more than one hearing on the
30    same  day in connection with the proposed plan. The Authority
31    must schedule a minimum of 4 hours for each hearing. At least
32    3 directors of the Authority must be present at each hearing,
33    and each director must be present for the entire duration  of
 
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 1    the hearing.

 2        (605 ILCS 10/27.1) (from Ch. 121, par. 100-27.1)
 3        Sec.  27.1.  Any  person  who  shall  use any spurious or
 4    counterfeit tickets, coupons or tokens in payment of any toll
 5    required to be paid by the Authority under the provisions  of
 6    this  Act,  or  who  shall attempt to use the highway without
 7    payment of the tolls prescribed by the  Authority,  shall  be
 8    deemed  guilty of a petty offense and shall be fined not less
 9    than $5 nor more than $100 for each such  offense.  The  fine
10    range  set  forth  in  this  Section  for prosecution of toll
11    evasion as a petty offense does not  apply  to  toll  evasion
12    offenses    that   are   adjudicated   in   the   Authority's
13    administration system Each day any toll highway  is  used  by
14    any  person  in  violation  of  this  Act  shall constitute a
15    separate offense.
16    (Source: P.A. 77-2239.)

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