Illinois General Assembly - Full Text of HB5127
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Full Text of HB5127  101st General Assembly

HB5127 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5127

 

Introduced 2/18/2020, by Rep. Debbie Meyers-Martin

 

SYNOPSIS AS INTRODUCED:
 
605 ILCS 10/10  from Ch. 121, par. 100-10

    Amends the Toll Highway Act. Provides that the written notice for an alleged instance of a vehicle's operation on a toll highway without the required toll having been paid must be provided by the Illinois State Toll Highway Authority within 7 days of the alleged violation. Provides that a fine for an alleged instance of a vehicle's operation on a toll highway without the required toll having been paid shall not be imposed until 14 days after the alleged violation and shall not exceed $10 per violation. Provides that if the imposed fine is not paid within 30 days of receipt of the written notice, an additional $25 shall be imposed per violation. Effective immediately.


LRB101 18107 LNS 67547 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5127LRB101 18107 LNS 67547 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Toll Highway Act is amended by changing
5Section 10 as follows:
 
6    (605 ILCS 10/10)  (from Ch. 121, par. 100-10)
7    Sec. 10. The Authority shall have power:
8    (a) To pass resolutions, make by-laws, rules and
9regulations for the management, regulation and control of its
10affairs, and to fix tolls, and to make, enact and enforce all
11needful rules and regulations in connection with the
12construction, operation, management, care, regulation or
13protection of its property or any toll highways, constructed or
14reconstructed hereunder. Any by-laws adopted under this
15Section shall include a requirement that directors disclose and
16avoid potential conflicts of interest. The by-laws shall be
17posted on the Authority's website.
18    (a-5) To fix, assess, and collect civil fines for a
19vehicle's operation on a toll highway without the required toll
20having been paid. The Authority may establish by rule a system
21of civil administrative adjudication to adjudicate only
22alleged instances of a vehicle's operation on a toll highway
23without the required toll having been paid, as detected by the

 

 

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1Authority's video or photo surveillance system. In cases in
2which the operator of the vehicle is not the registered vehicle
3owner, the establishment of ownership of the vehicle creates a
4rebuttable presumption that the vehicle was being operated by
5an agent of the registered vehicle owner. If the registered
6vehicle owner liable for a violation under this Section was not
7the operator of the vehicle at the time of the violation, the
8owner may maintain an action for indemnification against the
9operator in the circuit court. Rules establishing a system of
10civil administrative adjudication must provide for written
11notice within 7 days of the alleged violation, by first class
12mail or other means provided by law, to the address of the
13registered owner of the cited vehicle as recorded with the
14Secretary of State or to the lessee of the cited vehicle at the
15last address known to the lessor of the cited vehicle at the
16time of the lease, of the alleged violation and an opportunity
17to be heard on the question of the violation and must provide
18for the establishment of a toll-free telephone number to
19receive inquiries concerning alleged violations. The notice
20shall also inform the registered vehicle owner that failure to
21contest in the manner and time provided shall be deemed an
22admission of liability and that a final order of liability may
23be entered on that admission. A duly authorized agent of the
24Authority may perform or execute the preparation,
25certification, affirmation, or mailing of the notice. A notice
26of violation, sworn or affirmed to or certified by a duly

 

 

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1authorized agent of the Authority, or a facsimile of the
2notice, based upon an inspection of photographs,
3microphotographs, videotape, or other recorded images produced
4by a video or photo surveillance system, shall be admitted as
5prima facie evidence of the correctness of the facts contained
6in the notice or facsimile. Only civil fines, along with the
7corresponding outstanding toll, and costs may be imposed by
8administrative adjudication. A fine may be imposed under this
9paragraph only if a violation is established by a preponderance
10of the evidence. The fine shall not be imposed until 14 days
11after the alleged violation occurs and shall not exceed $10 per
12violation. However, if the imposed fine is not satisfied within
1330 days of receipt of the written notice of the alleged
14violation, an additional $25 shall be imposed per violation.
15Judicial review of all final orders of the Authority under this
16paragraph shall be conducted in the circuit court of the county
17in which the administrative decision was rendered in accordance
18with the Administrative Review Law.
19    The Authority may maintain a listing or searchable database
20on its website of persons or entities that have been issued one
21or more final orders of liability with a total amount due of
22more than $1,000 for tolls, fines, unpaid late fees, or
23administrative costs that remain unpaid after the exhaustion
24of, or the failure to exhaust, the judicial review procedures
25under the Administrative Review Law. Each entry may include the
26person's or entity's name as listed on the final order of

 

 

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1liability.
2    Any outstanding toll, fine, additional late payment fine,
3other sanction, or costs imposed, or part of any fine, other
4sanction, or costs imposed, remaining unpaid after the
5exhaustion of, or the failure to exhaust, judicial review
6procedures under the Administrative Review Law are a debt due
7and owing the Authority and may be collected in accordance with
8applicable law. After expiration of the period in which
9judicial review under the Administrative Review Law may be
10sought, unless stayed by a court of competent jurisdiction, a
11final order of the Authority under this subsection (a-5) may be
12enforced in the same manner as a judgment entered by a court of
13competent jurisdiction. Notwithstanding any other provision of
14this Act, the Authority may, with the approval of the Attorney
15General, retain a law firm or law firms with expertise in the
16collection of government fines and debts for the purpose of
17collecting fines, costs, and other moneys due under this
18subsection (a-5).
19    A system of civil administrative adjudication may also
20provide for a program of vehicle immobilization, tow, or
21impoundment for the purpose of facilitating enforcement of any
22final order or orders of the Authority under this subsection
23(a-5) that result in a finding or liability for 5 or more
24violations after expiration of the period in which judicial
25review under the Administrative Review Law may be sought. The
26registered vehicle owner of a vehicle immobilized, towed, or

 

 

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1impounded for nonpayment of a final order of the Authority
2under this subsection (a-5) shall have the right to request a
3hearing before the Authority's civil administrative
4adjudicatory system to challenge the validity of the
5immobilization, tow, or impoundment. This hearing, however,
6shall not constitute a readjudication of the merits of
7previously adjudicated notices. Judicial review of all final
8orders of the Authority under this subsection (a-5) shall be
9conducted in the circuit court of the county in which the
10administrative decision was rendered in accordance with the
11Administrative Review Law.
12    No commercial entity that is the lessor of a vehicle under
13a written lease agreement shall be liable for an administrative
14notice of violation for toll evasion issued under this
15subsection (a-5) involving that vehicle during the period of
16the lease if the lessor provides a copy of the leasing
17agreement to the Authority within 30 days of the issue date on
18the notice of violation. The leasing agreement also must
19contain a provision or addendum informing the lessee that the
20lessee is liable for payment of all tolls and any fines for
21toll evasion. Each entity must also post a sign at the leasing
22counter notifying the lessee of that liability. The copy of the
23leasing agreement provided to the Authority must contain the
24name, address, and driver's license number of the lessee, as
25well as the check-out and return dates and times of the vehicle
26and the vehicle license plate number and vehicle make and

 

 

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1model.
2    As used in this subsection (a-5), "lessor" includes
3commercial leasing and rental entities but does not include
4public passenger vehicle entities.
5    The Authority shall establish an amnesty program for
6violations adjudicated under this subsection (a-5). Under the
7program, any person who has an outstanding notice of violation
8for toll evasion or a final order of a hearing officer for toll
9evasion dated prior to the effective date of this amendatory
10Act of the 94th General Assembly and who pays to the Authority
11the full percentage amounts listed in this paragraph remaining
12due on the notice of violation or final order of the hearing
13officer and the full fees and costs paid by the Authority to
14the Secretary of State relating to suspension proceedings, if
15applicable, on or before 5:00 p.m., Central Standard Time, of
16the 60th day after the effective date of this amendatory Act of
17the 94th General Assembly shall not be required to pay more
18than the listed percentage of the original fine amount and
19outstanding toll as listed on the notice of violation or final
20order of the hearing officer and the full fees and costs paid
21by the Authority to the Secretary of State relating to
22suspension proceedings, if applicable. The payment percentage
23scale shall be as follows: a person with 25 or fewer violations
24shall be eligible for amnesty upon payment of 50% of the
25original fine amount and the outstanding tolls; a person with
26more than 25 but fewer than 51 violations shall be eligible for

 

 

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1amnesty upon payment of 60% of the original fine amount and the
2outstanding tolls; and a person with 51 or more violations
3shall be eligible for amnesty upon payment of 75% of the
4original fine amount and the outstanding tolls. In such a
5situation, the Executive Director of the Authority or his or
6her designee is authorized and directed to waive any late fine
7amount above the applicable percentage of the original fine
8amount. Partial payment of the amount due shall not be a basis
9to extend the amnesty payment deadline nor shall it act to
10relieve the person of liability for payment of the late fine
11amount. In order to receive amnesty, the full amount of the
12applicable percentage of the original fine amount and
13outstanding toll remaining due on the notice of violation or
14final order of the hearing officer and the full fees and costs
15paid by the Authority to the Secretary of State relating to
16suspension proceedings, if applicable, must be paid in full by
175:00 p.m., Central Standard Time, of the 60th day after the
18effective date of this amendatory Act of the 94th General
19Assembly. This amendatory Act of the 94th General Assembly has
20no retroactive effect with regard to payments already tendered
21to the Authority that were full payments or payments in an
22amount greater than the applicable percentage, and this Act
23shall not be the basis for either a refund or a credit. This
24amendatory Act of the 94th General Assembly does not apply to
25toll evasion citations issued by the Illinois State Police or
26other authorized law enforcement agencies and for which payment

 

 

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1may be due to or through the clerk of the circuit court. The
2Authority shall adopt rules as necessary to implement the
3provisions of this amendatory Act of the 94th General Assembly.
4The Authority, by a resolution of the Board of Directors, shall
5have the discretion to implement similar amnesty programs in
6the future. The Authority, at its discretion and in
7consultation with the Attorney General, is further authorized
8to settle an administrative fine or penalty if it determines
9that settling for less than the full amount is in the best
10interests of the Authority after taking into account the
11following factors: (1) the merits of the Authority's claim
12against the respondent; (2) the amount that can be collected
13relative to the administrative fine or penalty owed by the
14respondent; (3) the cost of pursuing further enforcement or
15collection action against the respondent; (4) the likelihood of
16collecting the full amount owed; and (5) the burden on the
17judiciary. The provisions in this Section may be extended to
18other toll facilities in the State of Illinois through a duly
19executed agreement between the Authority and the operator of
20the toll facility.
21    (b) To prescribe rules and regulations applicable to
22traffic on highways under the jurisdiction of the Authority,
23concerning:
24        (1) Types of vehicles permitted to use such highways or
25    parts thereof, and classification of such vehicles;
26        (2) Designation of the lanes of traffic to be used by

 

 

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1    the different types of vehicles permitted upon said
2    highways;
3        (3) Stopping, standing, and parking of vehicles;
4        (4) Control of traffic by means of police officers or
5    traffic control signals;
6        (5) Control or prohibition of processions, convoys,
7    and assemblages of vehicles and persons;
8        (6) Movement of traffic in one direction only on
9    designated portions of said highways;
10        (7) Control of the access, entrance, and exit of
11    vehicles and persons to and from said highways; and
12        (8) Preparation, location and installation of all
13    traffic signs; and to prescribe further rules and
14    regulations applicable to such traffic, concerning matters
15    not provided for either in the foregoing enumeration or in
16    the Illinois Vehicle Code. Notice of such rules and
17    regulations shall be posted conspicuously and displayed at
18    appropriate points and at reasonable intervals along said
19    highways, by clearly legible markers or signs, to provide
20    notice of the existence of such rules and regulations to
21    persons traveling on said highways. At each toll station,
22    the Authority shall make available, free of charge,
23    pamphlets containing all of such rules and regulations.
24    (c) The Authority, in fixing the rate for tolls for the
25privilege of using the said toll highways, is authorized and
26directed, in fixing such rates, to base the same upon annual

 

 

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1estimates to be made, recorded and filed with the Authority.
2Said estimates shall include the following: The estimated total
3amount of the use of the toll highways; the estimated amount of
4the revenue to be derived therefrom, which said revenue, when
5added to all other receipts and income, will be sufficient to
6pay the expense of maintaining and operating said toll
7highways, including the administrative expenses of the
8Authority, and to discharge all obligations of the Authority as
9they become due and payable.
10    (d) To accept from any municipality or political
11subdivision any lands, easements or rights in land needed for
12the operation, construction, relocation or maintenance of any
13toll highways, with or without payment therefor, and in its
14discretion to reimburse any such municipality or political
15subdivision out of its funds for any cost or expense incurred
16in the acquisition of land, easements or rights in land, in
17connection with the construction and relocation of the said
18toll highways, widening, extending roads, streets or avenues in
19connection therewith, or for the construction of any roads or
20streets forming extension to and connections with or between
21any toll highways, or for the cost or expense of widening,
22grading, surfacing or improving any existing streets or roads
23or the construction of any streets and roads forming extensions
24of or connections with any toll highways constructed,
25relocated, operated, maintained or regulated hereunder by the
26Authority. Where property owned by a municipality or political

 

 

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1subdivision is necessary to the construction of an approved
2toll highway, if the Authority cannot reach an agreement with
3such municipality or political subdivision and if the use to
4which the property is being put in the hands of the
5municipality or political subdivision is not essential to the
6existence or the administration of such municipality or
7political subdivision, the Authority may acquire the property
8by condemnation.
9(Source: P.A. 99-214, eff. 1-1-16; 100-1180, eff. 2-28-19.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.