093_SB1848ham001











                                     LRB093 05250 SJM 16985 a

 1                    AMENDMENT TO SENATE BILL 1848

 2        AMENDMENT NO.     .  Amend Senate Bill 1848 by  replacing
 3    the title with the following:

 4        "AN  ACT  in  relation to the Illinois State Toll Highway
 5    Authority."; and

 6    by replacing everything after the enacting  clause  with  the
 7    following:

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

11        (605 ILCS 10/8.1 new)
12        Sec. 8.1.  Inspector General.
13        (a)  The  Governor  must,  with the advice and consent of
14    the Senate, appoint an Inspector General for the  purpose  of
15    detection,  deterrence,  and prevention of fraud, corruption,
16    and mismanagement in the Authority.   The  Inspector  General
17    shall  serve a 2-year term.  If no successor is appointed and
18    qualified upon the  expiration  of  the  Inspector  General's
19    term,  the  Office  of Inspector General is deemed vacant and
20    the powers and duties under this  Section  may  be  exercised
21    only  by an appointed and qualified interim Inspector General
 
                            -2-      LRB093 05250 SJM 16985 a
 1    until  a  successor  Inspector  General  is   appointed   and
 2    qualified.   If the General Assembly is not in session when a
 3    vacancy in  the  Office  of  Inspector  General  occurs,  the
 4    Governor  may appoint an interim Inspector General whose term
 5    shall expire 2  weeks  after  the  next  regularly  scheduled
 6    session day of the Senate.
 7        (b)  The  Inspector  General  shall  have  the  following
 8    qualifications:
 9             (1)  has not been convicted  of any felony under the
10        laws of this State, another State, or the United States;
11             (2)  has  earned  a  baccalaureate  degree  from  an
12        institution of higher education; and
13             (3)  has  either (A) 5 or more years of service with
14        a federal, State, or local  law  enforcement  agency,  at
15        least  2  years  of  which  have  been  in  a progressive
16        investigatory capacity; (B) 5 or more years of service as
17        a federal, State, or local prosecutor; or (C) 5  or  more
18        years  of  service  as a senior manager or executive of a
19        federal, State, or local agency.
20        (c)  The Inspector General may  review,  coordinate,  and
21    recommend methods and procedures to increase the integrity of
22    the Authority.  The Inspector General must report directly to
23    the Governor.
24        (d)  In  addition  to the authority otherwise provided by
25    this Section, but only when investigating the Authority,  its
26    employees,   or  their  actions  for  fraud,  corruption,  or
27    mismanagement, the Inspector General is authorized:
28             (1)  To have access to all records, reports, audits,
29        reviews, documents,  papers,  recommendations,  or  other
30        materials   available   that   relate   to  programs  and
31        operations with respect to which  the  Inspector  General
32        has responsibilities under this Section.
33             (2)  To make any investigations and reports relating
34        to  the  administration of the programs and operations of
 
                            -3-      LRB093 05250 SJM 16985 a
 1        the Authority that are, in the judgment of the  Inspector
 2        General, necessary or desirable.
 3             (3)  To  request  any information or assistance that
 4        may  be  necessary  for  carrying  out  the  duties   and
 5        responsibilities provided by this Section from any local,
 6        State, or federal governmental agency or unit thereof.
 7             (4)  To  issue  subpoenas  subject  to  the  advance
 8        approval  of  the  Attorney  General,  and  to compel the
 9        attendance of witnesses for purposes of testimony and the
10        production of documents and other  items  for  inspection
11        and  copying.  If  a  person  has  petitioned  a court of
12        competent jurisdiction in Cook County,  Sangamon  County,
13        or any county where the subpoena is sought to be enforced
14        for  a  protective  order  or  to  quash  or  modify  the
15        subpoena,  then  this  Section  does not apply during the
16        pendency  of  the  court   proceedings   concerning   the
17        petition.   A   person  duly  subpoenaed  for  testimony,
18        documents, or other items  who  neglects  or  refuses  to
19        testify  or  produce  documents  or other items under the
20        requirements  of  the  subpoena  shall  be   subject   to
21        punishment  as  may be determined by a court of competent
22        jurisdiction, unless (i)  the  testimony,  documents,  or
23        other  items are covered by the attorney-client privilege
24        or any other privilege recognized  by  law  or  (ii)  the
25        testimony,   documents,   or   other  items  concern  the
26        representation  of  employees  and  the  negotiation   of
27        collective  bargaining agreements by a labor organization
28        authorized and recognized under the Illinois Public Labor
29        Relations   Act   to   be   the   exclusive    bargaining
30        representatives of employees of the State agency. Nothing
31        in  this  Section  limits  a person's right to protection
32        against self-incrimination under the Fifth  Amendment  of
33        the  United States Constitution or Article I, Section 10,
34        of the Constitution of the State of Illinois.
 
                            -4-      LRB093 05250 SJM 16985 a
 1             (5)  To have direct and prompt access to  the  Board
 2        of  Directors of the Authority for any purpose pertaining
 3        to the  performance  of  functions  and  responsibilities
 4        under this Section.
 5        (f)  The  Inspector  General  may receive and investigate
 6    complaints or information from an employee of  the  Authority
 7    concerning the possible existence of an activity constituting
 8    a  violation  of  law,  rules, or regulations; mismanagement;
 9    abuse of authority; or substantial and specific danger to the
10    public health and safety.  The Inspector General  shall  have
11    the   discretion   to  determine  the  appropriate  means  of
12    investigation as permitted by law and as approved in  advance
13    by  the Attorney General.  Any employee who knowingly files a
14    false complaint or files a complaint with reckless  disregard
15    for  the  truth  or  the  falsity of the facts underlying the
16    complaint may be subject to discipline.
17        The  Inspector  General  may  not,  after  receipt  of  a
18    complaint or  information  from  an  employee,  disclose  the
19    identity of the employee without the consent of the employee.
20        Any  employee  who  has  the  authority  to  recommend or
21    approve any personnel action or to direct others to recommend
22    or approve any personnel action may not, with respect to that
23    authority, take or threaten to take any  action  against  any
24    employee  as  a reprisal for making a complaint or disclosing
25    information to the Inspector General,  unless  the  complaint
26    was made or the information disclosed with the knowledge that
27    it  was  false  or  with  willful  disregard for its truth or
28    falsity.
29        (g)  The  Inspector  General   must   adopt   rules,   in
30    accordance with the provisions of the Illinois Administrative
31    Procedure   Act,   establishing   minimum   requirements  for
32    initiating, conducting, and completing  investigations.   The
33    rules must establish criteria for determining, based upon the
34    nature   of   the   allegation,  the  appropriate  method  of
 
                            -5-      LRB093 05250 SJM 16985 a
 1    investigation, which may include, but is not limited to, site
 2    visits, telephone contacts, personal interviews, or  requests
 3    for  written  responses.  The rules must also clarify how the
 4    Office of the Inspector General  shall  interact  with  other
 5    local, State, and federal law enforcement investigations.
 6        Any employee of the Authority subject to investigation or
 7    inquiry   by   the   Inspector   General   or  any  agent  or
 8    representative of the Inspector General shall have the  right
 9    to  be  notified  of  the  right  to remain silent during the
10    investigation or inquiry and the right to be  represented  in
11    the  investigation  or inquiry by a representative of a labor
12    organization that  is  the  exclusive  collective  bargaining
13    representative  of  employees  of  the  Authority.  Any  such
14    investigation or inquiry must be conducted in compliance with
15    the  provisions  of  a  collective  bargaining agreement that
16    applies to the employees of the Authority. Any recommendation
17    for discipline or any action taken against  any  employee  by
18    the  Inspector  General or any representative or agent of the
19    Inspector General must comply  with  the  provisions  of  the
20    collective bargaining agreement that applies to the employee.
21        (h)  The Inspector General shall provide to the Authority
22    and   the   General   Assembly   a  summary  of  reports  and
23    investigations made  under  this  Section  for  the  previous
24    fiscal  year  no  later  than  January  1  of  each year. The
25    summaries shall detail the final disposition of the Inspector
26    General's recommendations. The summaries  shall  not  contain
27    any  confidential  or  identifying information concerning the
28    subjects of the reports  and  investigations.  The  summaries
29    shall   also  include  detailed,  recommended  administrative
30    actions  and  matters  for  consideration  by   the   General
31    Assembly.
32        (i)  The   Office  of  the  Inspector  General  shall  be
33    represented in all legal matters by the Attorney General.
 
                            -6-      LRB093 05250 SJM 16985 a
 1        (605 ILCS 10/9.65 new)
 2        Sec.  9.65.  Construction   of   sound   barriers.    The
 3    Authority  shall use concrete masonry blocks to construct all
 4    sound barriers along any portion of the toll  highway  system
 5    that  is  constructed  on or after the effective date of this
 6    amendatory Act of the 93rd General Assembly.

 7        (605 ILCS 10/10) (from Ch. 121, par. 100-10)
 8        Sec. 10. The Authority shall have power:
 9        (a)  To  pass  resolutions,  make  by-laws,   rules   and
10    regulations for the management, regulation and control of its
11    affairs, and to fix tolls, and to make, enact and enforce all
12    needful   rules   and  regulations  in  connection  with  the
13    construction,  operation,  management,  care,  regulation  or
14    protection of its property or any toll highways,  constructed
15    or reconstructed hereunder.
16        (a-5)  To  fix,  assess,  and  collect  civil fines for a
17    vehicle's operation on a toll highway  without  the  required
18    toll  having been paid. The Authority may establish by rule a
19    system of civil  administrative  adjudication  to  adjudicate
20    only  alleged  instances  of  a vehicle's operation on a toll
21    highway without  the  required  toll  having  been  paid,  as
22    detected  by  the  Authority's  video  or  photo surveillance
23    system. In those cases in which the operator of  the  vehicle
24    is  not  the  registered  vehicle owner, the establishment of
25    ownership of the vehicle  creates  a  rebuttable  presumption
26    that  the  vehicle  was  being  operated  by  an agent of the
27    registered vehicle owner. If  the  registered  vehicle  owner
28    liable  for  a  violation  under  this  Section  was  not the
29    operator of the vehicle at the time  of  the  violation,  the
30    owner  may maintain an action for indemnification against the
31    operator in the circuit court. Rules establishing a system of
32    civil administrative adjudication must  provide  for  written
33    notice,  by  first class mail or other means provided by law,
 
                            -7-      LRB093 05250 SJM 16985 a
 1    to the address of the registered owner of the  cited  vehicle
 2    as  recorded  with the Secretary of State or to the lessee of
 3    the cited vehicle at the last address known to the lessor  of
 4    the  cited  vehicle  at the time of the lease, of the alleged
 5    violation and an opportunity to be heard on the  question  of
 6    the  violation  and  must  provide for the establishment of a
 7    toll-free telephone number to  receive  inquiries  concerning
 8    alleged   violations.   The  notice  shall  also  inform  the
 9    registered vehicle owner  that  failure  to  contest  in  the
10    manner  and  time  provided  shall  be deemed an admission of
11    liability and that a final order of liability may be entered.
12    A duly authorized agent  of  the  Authority  may  perform  or
13    execute   the  preparation,  certification,  affirmation,  or
14    mailing of the  notice.  A  notice  of  violation,  sworn  or
15    affirmed  to  or  certified by a duly authorized agent of the
16    Authority, or a  facsimile  of  the  notice,  based  upon  an
17    inspection  of  photographs,  microphotographs, videotape, or
18    other  recorded  images  produced  by  a   video   or   photo
19    surveillance   system,  shall  be  admitted  as  prima  facie
20    evidence of the correctness of the  facts  contained  in  the
21    notice  or  facsimile.  Only  civil  fines,  along  with  the
22    corresponding  outstanding  toll and costs, may be imposed by
23    administrative adjudication.  A fine  may  be  imposed  under
24    this  paragraph  only  if  a  violation  is  established by a
25    preponderance of the evidence.  Judicial review of all  final
26    orders  of  the  Authority  under  this  paragraph  shall  be
27    conducted in accordance with the Administrative Review Law.
28        Any outstanding toll, fine, additional late payment fine,
29    other  sanction, or costs imposed, or part of any fine, other
30    sanction,  or  costs  imposed,  remaining  unpaid  after  the
31    exhaustion of, or the failure  to  exhaust,  judicial  review
32    procedures under the Illinois Administrative Review Law are a
33    debt  due  and  owing  the  Authority and may be collected in
34    accordance with  applicable  law.  After  expiration  of  the
 
                            -8-      LRB093 05250 SJM 16985 a
 1    period   in   which   judicial   review  under  the  Illinois
 2    Administrative Review Law may be sought, a final order of the
 3    Authority under this subsection (a-5),  unless  stayed  by  a
 4    court  of competent jurisdiction, may be enforced in the same
 5    manner  as  a  judgment  entered  by  a  court  of  competent
 6    jurisdiction. Upon being recorded in the manner  required  by
 7    Article  XII of the Code of Civil Procedure or by the Uniform
 8    Commercial Code, a lien shall be imposed on the  real  estate
 9    or personal estate or both of the party adjudicated liable in
10    the amount of any debt due and owing the Authority under this
11    Section.  The  lien  may  be enforced in the same manner as a
12    judgment lien pursuant to a judgment of a court of  competent
13    jurisdiction.
14        A  system  of  civil administrative adjudication may also
15    provide for a program of vehicle immobilization,  towing,  or
16    impoundment  for  the  purpose of facilitating enforcement of
17    any final orders of the Authority under this subsection (a-5)
18    after expiration of the period in which judicial review under
19    the Illinois Administrative Review Law  may  be  sought.  The
20    registered  vehicle owner of a vehicle immobilized, towed, or
21    impounded for nonpayment of a final order  of  the  Authority
22    under this subsection (a-5) shall have the right to request a
23    hearing   before   the   Authority's   civil   administrative
24    adjudicatory   system   to  challenge  the  validity  of  the
25    immobilization,  towing,  or   impoundment.   This   hearing,
26    however,  shall not constitute a readjudication of the merits
27    of previously adjudicated notices.  Judicial  review  of  all
28    final  orders  of  the  Authority under this subsection (a-5)
29    shall be conducted  in  accordance  with  the  Administrative
30    Review Law.
31        (b)  To  prescribe  rules  and  regulations applicable to
32    traffic on highways under the jurisdiction of the  Authority,
33    concerning:
34             (1)  Types   of   vehicles  permitted  to  use  such
 
                            -9-      LRB093 05250 SJM 16985 a
 1        highways or parts thereof,  and  classification  of  such
 2        vehicles;
 3             (2)  Designation  of the lanes of traffic to be used
 4        by the different types of vehicles  permitted  upon  said
 5        highways;
 6             (3)  Stopping, standing, and parking of vehicles;
 7             (4)  Control  of traffic by means of police officers
 8        or traffic control signals;
 9             (5)  Control or prohibition of processions, convoys,
10        and assemblages of vehicles and persons;
11             (6)  Movement of traffic in one  direction  only  on
12        designated portions of said highways;
13             (7)  Control  of  the  access, entrance, and exit of
14        vehicles and persons to and from said highways; and
15             (8)  Preparation, location and installation  of  all
16        traffic   signs;  and  to  prescribe  further  rules  and
17        regulations  applicable  to  such   traffic,   concerning
18        matters   not   provided  for  either  in  the  foregoing
19        enumeration or in the Illinois Vehicle  Code.  Notice  of
20        such  rules and regulations shall be posted conspicuously
21        and displayed at appropriate  points  and  at  reasonable
22        intervals along said highways, by clearly legible markers
23        or  signs,  to  provide  notice  of the existence of such
24        rules  and  regulations  to  persons  traveling  on  said
25        highways. At each toll station, the Authority shall  make
26        available,  free  of  charge, pamphlets containing all of
27        such rules and regulations.
28        (c)  The Authority, in fixing the rate for tolls for  the
29    privilege  of using the said toll highways, is authorized and
30    directed, in fixing such rates, to base the same upon  annual
31    estimates  to be made, recorded and filed with the Authority.
32    Said estimates shall include  the  following:  The  estimated
33    total  amount  of the use of the toll highways; the estimated
34    amount of the revenue to be  derived  therefrom,  which  said
 
                            -10-     LRB093 05250 SJM 16985 a
 1    revenue, when added to all other receipts and income, will be
 2    sufficient  to  pay  the expense of maintaining and operating
 3    said toll highways, including the administrative expenses  of
 4    the  Authority,  and  to  discharge  all  obligations  of the
 5    Authority as they become due and payable.
 6        (d)  To  accept  from  any  municipality   or   political
 7    subdivision any lands, easements or rights in land needed for
 8    the operation, construction, relocation or maintenance of any
 9    toll  highways,  with or without payment therefor, and in its
10    discretion to reimburse any such  municipality  or  political
11    subdivision out of its funds for any cost or expense incurred
12    in  the  acquisition of land, easements or rights in land, in
13    connection with the construction and relocation of  the  said
14    toll  highways, widening, extending roads, streets or avenues
15    in connection therewith, or for the construction of any roads
16    or streets forming  extension  to  and  connections  with  or
17    between  any  toll  highways,  or  for the cost or expense of
18    widening,  grading,  surfacing  or  improving  any   existing
19    streets or roads or the construction of any streets and roads
20    forming  extensions  of or connections with any toll highways
21    constructed, relocated,  operated,  maintained  or  regulated
22    hereunder  by  the  Authority.  Where  property  owned  by  a
23    municipality  or  political  subdivision  is necessary to the
24    construction of an approved toll highway,  if  the  Authority
25    cannot reach an agreement with such municipality or political
26    subdivision and if the use to which the property is being put
27    in  the hands of the municipality or political subdivision is
28    not essential to the existence or the administration of  such
29    municipality  or  political  subdivision,  the  Authority may
30    acquire the property by condemnation.
31    (Source: P.A. 89-120, eff. 7-7-95.)

32        (605 ILCS 10/11) (from Ch. 121, par. 100-11)
33        Sec. 11. The Authority shall have power:
 
                            -11-     LRB093 05250 SJM 16985 a
 1        (a)  To enter upon lands,  waters  and  premises  in  the
 2    State for the purpose of making surveys, soundings, drillings
 3    and examinations as may be necessary, expedient or convenient
 4    for  the  purposes  of  this Act, and such entry shall not be
 5    deemed to be a trespass, nor shall an entry for such  purpose
 6    be  deemed  an entry under any condemnation proceedings which
 7    may be then pending; provided, however,  that  the  Authority
 8    shall  make  reimbursement for any actual damage resulting to
 9    such lands,  waters  and  premises  as  the  result  of  such
10    activities.
11        (b)  To  construct, maintain and operate stations for the
12    collection of tolls  or  charges  upon  and  along  any  toll
13    highways.
14        (c)  To  provide  for the collection of tolls and charges
15    for the privilege of using the said toll highways. Before  it
16    adopts an increase in the rates for toll, the Authority shall
17    hold a public hearing at which any person may appear, express
18    opinions,  suggestions,  or  objections,  or direct inquiries
19    relating to the proposed increase.   Any person may submit  a
20    written  statement  to  the Authority at the hearing, whether
21    appearing in person or not.  The hearing shall be held in the
22    county in which the proposed increase of the rates is to take
23    place.  The Authority shall give notice  of  the  hearing  by
24    advertisement  on 3 successive days at least 15 days prior to
25    the date of the hearing  in  a  daily  newspaper  of  general
26    circulation  within  the  county  within which the hearing is
27    held.  The notice shall state the date, time,  and  place  of
28    the  hearing,  shall  contain  a  description of the proposed
29    increase, and shall specify how interested persons may obtain
30    copies  of  any   reports,   resolutions,   or   certificates
31    describing   the   basis   on   which  the  proposed  change,
32    alteration,   or   modification   was   calculated.     After
33    consideration  of  any  statements  filed  or  oral opinions,
34    suggestions, objections, or inquiries made  at  the  hearing,
 
                            -12-     LRB093 05250 SJM 16985 a
 1    the  Authority  may proceed to adopt the proposed increase of
 2    the  rates  for  toll.   No  change  or  alteration   in   or
 3    modification  of the rates for toll shall be effective unless
 4    at least 30 days prior to the effective date  of  such  rates
 5    notice thereof shall be given to the public by publication in
 6    a  newspaper  of  general  circulation,  and  such notice, or
 7    notices, thereof shall be posted and  publicly  displayed  at
 8    each and every toll station upon or along said toll highways.
 9        (d)  To  construct,  at the Authority's discretion, grade
10    separations at intersections with any  railroads,  waterways,
11    street  railways,  streets,  thoroughfares,  public  roads or
12    highways intersected by the said toll highways, and to change
13    and adjust the lines and grades thereof so as to  accommodate
14    the  same  to  the  design  of  such  grade separation and to
15    construct  interchange   improvements.   The   Authority   is
16    authorized  to  provide such grade separations or interchange
17    improvements at its own cost or to enter  into  contracts  or
18    agreements  with  reference to division of cost therefor with
19    any municipality or political subdivision  of  the  State  of
20    Illinois,  or  with  the  Federal  Government,  or any agency
21    thereof, or with any corporation, individual, firm, person or
22    association. Where such structures have  been  built  by  the
23    Authority  and  a  local highway agency did not enter into an
24    agreement to the contrary, the Authority shall  maintain  the
25    entire   structure,   including  the  road  surface,  at  the
26    Authority's expense.
27        (e)  To contract with and grant concessions to  or  lease
28    or  license  to any person, partnership, firm, association or
29    corporation so desiring the use  of  any  part  of  any  toll
30    highways,  excluding the paved portion thereof, but including
31    the right of way adjoining, under, or over said paved portion
32    for the placing  of  telephone,  telegraph,  electric,  power
33    lines and other utilities, and for the placing of pipe lines,
34    and  to  enter  into operating agreements with or to contract
 
                            -13-     LRB093 05250 SJM 16985 a
 1    with and grant concessions to or  to  lease  to  any  person,
 2    partnership, firm, association or corporation so desiring the
 3    use  of  any  part  of the toll highways, excluding the paved
 4    portion thereof, but including the right of way adjoining, or
 5    over said paved portion for motor fuel service  stations  and
 6    facilities, garages, stores and restaurants, or for any other
 7    lawful  purpose,  and  to  fix  the terms, conditions, rents,
 8    rates and charges for such use.
 9        The  Authority  shall  also  have  power   to   establish
10    reasonable  regulations  for  the installation, construction,
11    maintenance,  repair,  renewal,  relocation  and  removal  of
12    pipes, mains, conduits,  cables,  wires,  towers,  poles  and
13    other   equipment   and   appliances  (herein  called  public
14    utilities) of any public utility as  defined  in  the  Public
15    Utilities  Act  along,  over  or under any toll road project.
16    Whenever the Authority shall determine that it  is  necessary
17    that any such public utility facilities which now are located
18    in,  on,  along,  over  or  under  any project or projects be
19    relocated or  removed  entirely  from  any  such  project  or
20    projects,   the  public  utility  owning  or  operating  such
21    facilities shall relocate or remove the  same  in  accordance
22    with  the  order  of the Authority. All costs and expenses of
23    such relocation or removal, including the cost of  installing
24    such  facilities in a new location or locations, and the cost
25    of any land or lands, or  interest  in  land,  or  any  other
26    rights  required  to  accomplish  such  relocation or removal
27    shall be ascertained and paid by the Authority as a  part  of
28    the  cost of any such project or projects, and further, there
29    shall be no rent, fee or other charge  of  any  kind  imposed
30    upon  the  public  utility owning or operating any facilities
31    ordered relocated on the properties of the said Authority and
32    the said Authority shall grant to  the  said  public  utility
33    owning  or  operating  said facilities and its successors and
34    assigns the right to operate the same in the new location  or
 
                            -14-     LRB093 05250 SJM 16985 a
 1    locations  for  as  long a period and upon the same terms and
 2    conditions as it had the right to maintain and  operate  such
 3    facilities in their former location or locations.
 4        (f)  To  enter  into  a  contract  with  a  unit of local
 5    government or other public or private entity under which  the
 6    Authority  agrees to collect by electronic means tolls, fees,
 7    or revenues on behalf of that entity.
 8    (Source: P.A. 90-681, eff. 7-31-98.)

 9        (605 ILCS 10/16.2 new)
10        Sec. 16.2.  Financial benefit prohibited.
11        (a)  A director, employee, or agent of the Authority  may
12    not  receive  a  financial benefit from a contract let by the
13    Authority  during  his  or  her  term  of  service  with  the
14    Authority  and  for  a  period  of  one  year  following  the
15    termination of his or her term of service as  a  director  of
16    the Authority or as an employee or agent of the Authority.
17        (b)  A  member  of the immediate family or household of a
18    director, employee, or agent of the Authority may not receive
19    a financial benefit from a  contract  let  by  the  Authority
20    during  the  immediate  family  or household member's term of
21    service with the Authority and  for  a  period  of  one  year
22    following   the   termination  of  the  immediate  family  or
23    household member's term of  service  as  a  director  of  the
24    Authority or as an employee or agent of the Authority.
25        (c)  A  director, employee, or agent of the Authority may
26    not  use  material  non-public   information   for   personal
27    financial gain nor may he or she disclose that information to
28    any  other  person  for that person's personal financial gain
29    when that information was obtained as a result of his or  her
30    directorship, employment, or agency with the Authority.
31        (d)  A  member  of the immediate family or household of a
32    director, employee, or agent of the  Authority  may  not  use
33    material  non-public  information for personal financial gain
 
                            -15-     LRB093 05250 SJM 16985 a
 1    nor may he or she disclose  that  information  to  any  other
 2    person  for  that  person's personal financial gain when that
 3    information was obtained as a result of his or her  immediate
 4    family  or  household  member's  directorship, employment, or
 5    agency with the Authority.
 6        (e)  For purposes of this Section, "immediate  family  or
 7    household  member"  means the spouse, child, parent, brother,
 8    sister, grandparent, or  grandchild,  whether  of  the  whole
 9    blood  or half blood or by adoption, or a person who shares a
10    common dwelling with a director of the Authority or  with  an
11    employee or agent of the Authority.

12        (605 ILCS 10/17) (from Ch. 121, par. 100-17)
13        Sec.  17.   (a) The Authority may from time to time issue
14    bonds for any lawful purpose including,  without  limitation,
15    the  costs  of  issuance  thereof and all such bonds or other
16    obligations of the Authority  issued  pursuant  to  this  Act
17    shall  be  and  are  hereby declared to be negotiable for all
18    purposes notwithstanding their payment from a limited  source
19    and without regard to any other law or laws.
20        (b)  The bonds of every issue shall be payable solely out
21    of revenues of the Authority, accumulated reserves or sinking
22    funds,   bond  proceeds,  proceeds  of  refunding  bonds,  or
23    investment earnings as the Authority shall specify in a  bond
24    resolution.
25        (c)  The  bonds  may be issued as serial bonds or as term
26    bonds, or the Authority, in its discretion, may  issue  bonds
27    of  both  types.   The  bonds  shall  be authorized by a bond
28    resolution of the Authority, may be issued  in  one  or  more
29    series and shall bear such date or dates, mature at such time
30    or times not exceeding 25 years from their respective date or
31    dates of issue, bear interest at such rate or rates, fixed or
32    variable,  without regard to any limit contained in any other
33    statute or law of the State of Illinois,  be  payable  as  to
 
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 1    principal  and  interest  at  such  time or times, be in such
 2    denominations, be  in  such  form,  either  coupon  or  fully
 3    registered,    carry   such   registration   and   conversion
 4    privileges, be payable in lawful money of the  United  States
 5    of  America  at  such  places,  be  subject  to such terms of
 6    redemption and may contain such other terms  and  provisions,
 7    as  such  bond  resolution  or  resolutions may provide.  The
 8    bonds shall be executed by the manual or facsimile signatures
 9    of the Chairman and  the  Secretary.   In  case  any  of  the
10    officers  whose signature appears on the bonds or coupons, if
11    any, shall cease to be an officer before the delivery of such
12    bonds,  such  signature  shall  nevertheless  be  valid   and
13    sufficient  for all purposes, as if he had remained in office
14    until such delivery.  The bonds shall be sold in such  manner
15    as the Authority shall determine.  The proceeds from the sale
16    of  such bonds shall be paid to the Treasurer of the State of
17    Illinois as ex officio custodian. Pending preparation of  the
18    definitive bonds, the Authority may issue interim receipts or
19    certificates  which  shall  be  exchanged for such definitive
20    bonds.
21        (d)  Any bond resolution, or trust indenture entered into
22    pursuant to a bond resolution, may contain provisions,  which
23    shall be a part of the contract with the holders of the bonds
24    to be authorized, as to: (i) pledging or creating a lien upon
25    all or part of the revenues of the Authority or any reserves,
26    sinking funds, bond proceeds or investment earnings; (ii) the
27    setting   aside   of  reserves  or  sinking  funds,  and  the
28    regulation, investment and disposition thereof; (iii) the use
29    and maintenance requirements for the toll highways; (iv)  the
30    purposes to which or the investments in which the proceeds of
31    sale of any series or issue of bonds then or thereafter to be
32    issued  may be applied; (v) the issuance of additional bonds,
33    the terms upon which  additional  bonds  may  be  issued  and
34    secured,  the  purposes  for  such  additional bonds, and the
 
                            -17-     LRB093 05250 SJM 16985 a
 1    terms upon which additional bonds may rank on a parity  with,
 2    or  be  subordinate  or  superior  to  other  bonds; (vi) the
 3    refunding of outstanding bonds; (vii) the procedure, if  any,
 4    by  which  the  terms of any contract with bondholders may be
 5    amended or abrogated, the amount  of  bonds  the  holders  of
 6    which  must  consent  thereto,  and  the manner in which such
 7    consent may be given; (viii) defining the acts  or  omissions
 8    to  act which shall constitute a default in the duties of the
 9    Authority to holders of its  obligations  and  providing  the
10    rights  and  remedies  of  such  holders  in  the  event of a
11    default; (ix) any other matters relating to the  bonds  which
12    the Authority deems desirable.
13        (e)  Neither  the  directors  of  the  Authority  nor any
14    person executing the bonds shall be liable personally on  the
15    bonds   or   be   subject   to   any  personal  liability  or
16    accountability by reason of the issuance thereof.
17        (f)  The Authority shall have  power  out  of  any  funds
18    available  therefor to purchase its bonds.  The Authority may
19    hold, pledge, cancel or resell such bonds subject to  and  in
20    accordance with agreements with bondholders.
21        (g)  In  the discretion of the Authority any bonds issued
22    under the provisions of this Act may be secured  by  a  trust
23    indenture  by  and  between  the  Authority  and a trustee or
24    trustees, which may be any trust company or bank in the State
25    of  Illinois  having  the  powers  of  a  trust  company  and
26    possessing capital and surplus of not less than $50,000,000.
27    The bond resolution or  trust  indenture  providing  for  the
28    issuance  of  bonds  so secured shall pledge such revenues of
29    the Authority, sinking funds, bond  proceeds,  or  investment
30    earnings  as  may  be  specified  therein,  may  contain such
31    provisions  for  protecting  and  enforcing  the  rights  and
32    remedies of the bondholders as may be reasonable  and  proper
33    and  not  in  violation  of  law, including particularly such
34    provisions as have hereinabove been  specifically  authorized
 
                            -18-     LRB093 05250 SJM 16985 a
 1    to  be  included in any bond resolution or trust indenture of
 2    the Authority, and  may  restrict  the  individual  right  of
 3    action  by  bondholders.   In  addition to the foregoing, any
 4    bond resolution or trust indenture  may  contain  such  other
 5    provisions  as  the  Authority may deem reasonable and proper
 6    for the security  of  the  bondholders,  including,  but  not
 7    limited   to,   the   purchase  of  bond  insurance  and  the
 8    arrangement of letters of credit, lines of  credit  or  other
 9    credit  or  liquidity  enhancement facilities; provided there
10    shall be no pledge of the toll highway or any  part  thereof.
11    All  expenses  incurred in carrying out the provisions of any
12    bond resolution or trust indenture may be treated as  a  part
13    of the cost of the operation of the toll highways.
14        (h)  Bonds issued under the authority of this Act do not,
15    and  shall state upon the face of each bond that they do not,
16    represent or constitute a debt of the  Authority  or  of  the
17    State of Illinois within the meaning of any constitutional or
18    statutory  limitation  or a pledge of the faith and credit of
19    the Authority or the State  of  Illinois,  or  grant  to  the
20    owners  or holders thereof any right to have the Authority or
21    the General Assembly levy any taxes or appropriate any  funds
22    for the payment of the principal thereof or interest thereon.
23    Such  bonds  shall  be  payable and shall state that they are
24    payable solely from the revenues and the  sources  authorized
25    under  this  Act  and pledged for their payment in accordance
26    with the bond resolution or trust indenture.
27        Nothing in this Act shall be construed to  authorize  the
28    Authority  or  any  department,  board,  commission  or other
29    agency to create an  obligation  of  the  State  of  Illinois
30    within  the  meaning  of  the  Constitution  or  Statutes  of
31    Illinois.
32        (i)  Any  resolution  or  trust indenture authorizing the
33    issuance of the bonds may include provision for the  issuance
34    of  additional  bonds.   All  resolutions of the Authority to
 
                            -19-     LRB093 05250 SJM 16985 a
 1    carry such adopted bond resolutions into effect,  to  provide
 2    for  the  sale  and  delivery  of  the  bonds, for letting of
 3    contracts for the  construction  of  toll  highways  and  the
 4    acquisition  of  real  and  personal  property  deemed by the
 5    Authority  necessary  or  convenient  for  the   construction
 6    thereof, shall not require the approval of the Governor or of
 7    any  other department, division, commission, bureau, board or
 8    other agency of the State.
 9        (j) Prior to  expending  or  obligating  any  amounts  on
10    deposit  in  any  fund  or  account  established  in any bond
11    resolution or trust indenture entered into pursuant to a bond
12    resolution, in excess of the amount required to  be  held  by
13    the  Authority  in  order to satisfy covenants established in
14    any such bond resolution  or  trust  indenture  entered  into
15    pursuant  to a bond resolution, the Authority shall submit to
16    the General Assembly the proposed expenditure or  obligation.
17    If  the  General  Assembly  fails to adopt a joint resolution
18    disapproving of such expenditure  or  obligation  within  the
19    current  legislative  session, or, if the General Assembly is
20    not in session at the time of  submission,  during  the  next
21    legislative  session thereafter, the Authority may proceed to
22    expend or obligate such  funds  substantially  in  accordance
23    with such proposal.
24    (Source: P.A. 83-1258.)

25        (605 ILCS 10/20.2 new)
26        Sec. 20.2. Comprehensive Strategic Financial Plan.
27        (a)  The  Authority  must submit to the General Assembly,
28    not  later  than  May  15,  2004,  a  20-year   comprehensive
29    strategic  financial  plan.  The  plan  must include detailed
30    information regarding the Authority's  income,  expenditures,
31    debt, capital needs, and the cost of any planned toll highway
32    extensions.  The Authority must provide detailed and specific
33    information regarding how it will  fund  its  debt,  unfunded
 
                            -20-     LRB093 05250 SJM 16985 a
 1    capital needs, and the planned toll highway extensions.  This
 2    information must include the possibility of obtaining federal
 3    funds,  both  loans  and  grants,  under  the  Transportation
 4    Infrastructure Innovation Act or other federal programs.
 5        (b)  Before submitting the plan under subsection (a), the
 6    Authority  must  hold at least 2 public hearings at which any
 7    person  may  appear,  express   opinions,   suggestions,   or
 8    objections,  or  direct  inquiries  relating  to the proposed
 9    plan. The Authority may not hold more than one hearing on the
10    same day in connection with the proposed plan. The  Authority
11    must schedule a minimum of 4 hours for each hearing. At least
12    3 directors of the Authority must be present at each hearing,
13    and  each director must be present for the entire duration of
14    the hearing.

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

30        Section  99.  Effective date.  This Act takes effect upon
31    becoming law.".