Illinois General Assembly - Full Text of HB1889
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Full Text of HB1889  97th General Assembly

HB1889enr 97TH GENERAL ASSEMBLY



 


 
HB1889 EnrolledLRB097 05494 HEP 45554 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 Illinois Highway Code is amended by changing
5Sections 10-302, 10-302.5, 10-502, 10-602, 10-702, and 10-802
6and by adding Section 9-101.5 as follows:
 
7    (605 ILCS 5/9-101.5 new)
8    Sec. 9-101.5. Standardized electronic toll collection
9systems. The General Assembly finds that electronic toll
10collection systems in Illinois should be standardized to
11promote safety, efficiency, and traveler convenience. The
12Department shall cooperate with the Illinois State Toll Highway
13Authority and with other public and private entities to further
14the goal of standardized toll collection in Illinois. If
15electronic toll collection is used on any highway constructed
16or maintained by the Department or by a private entity pursuant
17to an agreement with the Department, the Department shall
18require the electronic toll collection system to be compatible
19with the electronic toll collection system used by the Illinois
20State Toll Highway Authority. The Department may enter into an
21intergovernmental agreement with the Illinois State Toll
22Highway Authority to provide for such compatibility or to have
23the Authority provide electronic toll collection or toll

 

 

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1violation enforcement services.
 
2    (605 ILCS 5/10-302)  (from Ch. 121, par. 10-302)
3    Sec. 10-302. Every county which, by ordinance, determines
4to exercise the powers granted by this Division of this Article
5has the right to acquire by purchase or otherwise, to
6construct, repair, maintain and operate any such bridge and its
7approaches across, above or under any railroad or public
8utility right-of-way, and in, upon, under or above any public
9or private road, highway, street, alley or public ground, or
10upon any property owned by any municipality, political
11subdivision or agency of this State, and for the purpose of
12acquiring property or easements necessary or incidental in the
13construction, repair, maintenance or operation of any such
14bridge and the approaches thereto, any such county shall have
15the right of eminent domain as provided by the Eminent Domain
16Act. The county board of each such county has power to make,
17enact and enforce all needful rules and regulations in
18connection with the acquisition, construction, maintenance,
19operation, management, care or protection of any such bridge,
20and such county board shall establish rates of toll or charges
21for the use of each such bridge which shall be sufficient at
22all times to pay the cost of maintenance and operation of such
23bridge and its approaches, and the principal of and interest on
24all bonds issued and all other obligations incurred by such
25county under the provisions of this Division of this Article.

 

 

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1Rules and regulations shall be established from time to time by
2ordinance.
3    Rates of toll or charges for the use of each such bridge
4shall be established, revised, maintained, be payable and be
5enforced, including by administrative adjudication as provided
6in Section 10-302.5, as the county board of each such county
7may determine by ordinance.
8    The General Assembly finds that electronic toll collection
9systems in Illinois should be standardized to promote safety,
10efficiency, and traveler convenience. If electronic toll
11collection is used on such bridge, the county shall configure
12the electronic toll collection system to be compatible with the
13electronic toll collection system used by the Illinois State
14Toll Highway Authority. The county may enter into an
15intergovernmental agreement with the Illinois State Toll
16Highway Authority to provide for such compatibility or to have
17the Authority provide electronic toll collection or toll
18violation enforcement services. Any toll bridges in Winnebago
19County that are in operation and collecting tolls on the
20effective date of this amendatory Act of the 97th General
21Assembly are exempt from the provisions of the Act.
22(Source: P.A. 94-1055, eff. 1-1-07.)
 
23    (605 ILCS 5/10-302.5)
24    Sec. 10-302.5. Administrative adjudication of toll
25violations.

 

 

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1    (a) The county may provide by ordinance for a system of
2administrative adjudication for fixing, assessing, and
3collecting civil fines for a vehicle's operation on a county
4toll bridge if the required toll or charge has not been paid.
5    (b) An ordinance establishing a system of administrative
6adjudication under this Section shall provide for the
7following:
8        (1) Written notice of the alleged violation sent by
9    first class U.S. mail.
10        (2) Availability of a hearing in which the violation
11    may be contested on its merits and the time and manner in
12    which the hearing may be held.
13        (3) An opportunity for the person who allegedly
14    violated the ordinance to appear at the hearing and contest
15    the merits of the alleged violation. The rules of evidence
16    shall not apply to the hearing.
17        (4) A civil fine not to exceed $500 imposed as the
18    result of an administrative adjudication.
19        (5) A burden of proof on the county to establish a
20    violation by a preponderance of the evidence.
21        (6) Judicial review of final determinations of
22    ordinance violations, subject to the provisions of the
23    Administrative Review Law.
24    (c) The county may enter into an intergovernmental
25agreement with the Illinois State Toll Highway Authority under
26which the Authority may provide administrative adjudication of

 

 

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1toll violations occurring on a county toll bridge.
2(Source: P.A. 89-120, eff. 7-7-95.)
 
3    (605 ILCS 5/10-502)  (from Ch. 121, par. 10-502)
4    Sec. 10-502. In all cases where a bridge shall heretofore
5have been constructed or shall hereafter be constructed across
6a navigable stream by any municipality in whole or in part
7without the territorial limits of such city, where the
8population of such municipality furnishing the principal part
9of the expenses thereof shall not exceed 10,000 inhabitants,
10and where it is necessary to maintain a draw and lights, then a
11reasonable toll may be collected by the municipality building
12such bridge, to be set apart and appropriated to the expense of
13maintaining such bridge and keeping such bridge in repair, and
14of maintaining, opening and closing proper draws therefor, and
15lights, and to the payment of bonds or interest thereon, issued
16therefor, as hereinafter provided in this Division of this
17Article.
18    The General Assembly finds that electronic toll collection
19systems in Illinois should be standardized to promote safety,
20efficiency, and traveler convenience. If electronic toll
21collection is used on such bridge, the municipality shall
22configure the electronic toll collection system to be
23compatible with the electronic toll collection system used by
24the Illinois State Toll Highway Authority. The municipality may
25enter into an intergovernmental agreement with the Illinois

 

 

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1State Toll Highway Authority to provide for such compatibility
2or to have the Authority provide electronic toll collection or
3toll violation enforcement services.
4(Source: Laws 1959, p. 196.)
 
5    (605 ILCS 5/10-602)  (from Ch. 121, par. 10-602)
6    Sec. 10-602. Every municipality has the power:
7        (1) To construct, or acquire by purchase, lease, gift,
8    or condemnation in the manner provided for the exercise of
9    the right of eminent domain under the Eminent Domain Act,
10    ferries and bridges, the necessary land therefor, and the
11    approaches thereto, whenever the ferry, bridge, land, or
12    approaches are within the corporate limits, or within 5
13    miles of the corporate limits of the municipality, and also
14    to maintain the specified property;
15        (2) To construct and maintain highways within 5 miles
16    of the corporate limits of the municipality connecting with
17    either end of such a bridge or ferry;
18        (3) To construct or acquire by purchase, lease, gift,
19    or condemnation in the manner provided for the exercise of
20    the right of eminent domain under the Eminent Domain Act,
21    ferries and bridges, the necessary land therefor, and the
22    approaches thereto, within 5 miles of the corporate limits
23    of the municipality, over any river forming a boundary of
24    the State of Illinois, and also to maintain the specified
25    property;

 

 

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1        (4) To donate money to aid the road districts in which
2    is situated any ferry, bridge, or highway connecting
3    therewith, specified in this section, in constructing, or
4    improving the same, and to issue the bonds of the
5    municipality for that purpose.
6    All such ferries, bridges, and highways shall be free to
7the public and no toll shall ever be collected by the
8municipality except that:
9        (1) Tolls may be collected for transit over and use of
10    bridges defined in Section 10-801, as provided for in
11    Sections 10-802 and 10-805.
12        (2) Any municipality which, within the provisions of
13    this section, bears the principal expense and becomes
14    indebted for any ferry, bridge, or the approach thereto,
15    over any river forming a boundary of the State of Illinois,
16    may collect a reasonable toll, for the use thereof, to be
17    set apart and appropriated to the payment of that
18    indebtedness, the interest thereon, and the expense of
19    maintenance of that bridge, ferry, and approach thereto,
20    but for no other purpose;
21        (3) Where any municipality is the owner of any toll
22    bridges or ferries which it is keeping up and maintaining
23    by authority of law, all ownership and rights vested in the
24    municipality shall continue and be held and exercised by
25    it, and the municipality from time to time may fix the
26    rates of toll on those bridges and ferries; and

 

 

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1        (4) In all cases where, after July 1, 1881, a bridge
2    has been constructed, or a ferry has been acquired across a
3    navigable stream, by any municipality in whole or in part,
4    and where the population of the municipality furnishing the
5    principal part of the expense thereof did not exceed 5,000,
6    and where it is necessary to maintain a draw and lights,
7    and where a debt was incurred by the municipality for these
8    purposes, a reasonable toll may be collected by the
9    municipality contracting the indebtedness. This toll shall
10    be set apart and appropriated to the payment of that
11    indebtedness, the interest thereon, and the expense of
12    keeping the bridge in repair and of maintaining, opening,
13    and closing the draws and lights, or, in case of a ferry,
14    keeping the approaches and boat in repair and for operating
15    the ferry.
16        (5) The General Assembly finds that electronic toll
17    collection systems in Illinois should be standardized to
18    promote safety, efficiency, and traveler convenience. If
19    electronic toll collection is used on such bridge or ferry,
20    the municipality shall configure the electronic toll
21    collection system to be compatible with the electronic toll
22    collection system used by the Illinois State Toll Highway
23    Authority. The municipality may enter into an
24    intergovernmental agreement with the Illinois State Toll
25    Highway Authority to provide for such compatibility or to
26    have the Authority provide electronic toll collection or

 

 

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1    toll violation enforcement services.
2(Source: P.A. 94-1055, eff. 1-1-07.)
 
3    (605 ILCS 5/10-702)  (from Ch. 121, par. 10-702)
4    Sec. 10-702. Every municipality has the power:
5        (1) To acquire, by purchase or otherwise, construct,
6    operate and maintain, and repair any bridge within the
7    corporate limits, or within 5 miles of the corporate limits
8    of the municipality, including the necessary land therefor
9    and the approaches thereto. In the exercise of the
10    authority herein granted, the municipality may acquire
11    such property, or any portion thereof or interest therein
12    through condemnation proceedings for the exercise of the
13    right of eminent domain under the Eminent Domain Act.
14        (2) To acquire, purchase, hold, use, lease, mortgage,
15    sell, transfer, and dispose of any property, real,
16    personal, mixed, tangible or intangible, or any interest
17    therein in connection with such a bridge or bridges;
18        (3) To fix, alter, charge, collect, segregate, and
19    apply tolls and other charges for transit over and use of
20    such a bridge or bridges, provided that, if electronic toll
21    collection is used on such bridge or ferry, the
22    municipality shall configure the electronic toll
23    collection system to be compatible with the electronic toll
24    collection system used by the Illinois State Toll Highway
25    Authority;

 

 

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1        (4) To borrow money, make and issue bonds payable from
2    and secured by a pledge of net revenue of the bridge for
3    the construction of which such bonds may be issued;
4        (5) To make contracts of every kind and nature and to
5    execute all instruments necessary or convenient for the
6    carrying out of the purposes of this Division of this
7    Article;
8        (6) To accept grants from the United States and to
9    enter into contracts with the United States in connection
10    therewith;
11        (7) To enter upon any lands, areas, and premises for
12    the purpose of making soundings, surveys and examinations;
13        (7.5) To enter into intergovernmental agreements with
14    the Illinois State Toll Highway Authority to provide for
15    the compatibility of electronic toll collection services
16    or to have the Authority provide electronic toll collection
17    or toll violation enforcement services; and
18        (8) To do all things necessary to carry out the powers
19    given in this Division of this Article.
20(Source: P.A. 94-1055, eff. 1-1-07.)
 
21    (605 ILCS 5/10-802)  (from Ch. 121, par. 10-802)
22    Sec. 10-802. Each municipality has the power:
23    (1) To acquire, by purchase or otherwise, construct,
24reconstruct, improve, enlarge, better, operate, maintain and
25repair any bridge within the corporate limits or within 5 miles

 

 

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1of the corporate limits of the municipality;
2    (2) To acquire, purchase, hold, use, lease, mortgage, sell,
3transfer and dispose of any property, real or personal or
4mixed, tangible or intangible, or any interest therein, in
5connection with such a bridge, including the power and
6authority to grant perpetual easements or franchises to any
7railroad or public transportation facility or any assignee
8thereof, as a part of the consideration of the purchase of any
9such bridge, for the exclusive right to the use of a portion or
10portions of any such bridge for the transportation of persons
11or property across such bridge;
12    (3) To fix, alter, charge, collect, segregate, and apply
13tolls and other charges for transit over and use of such a
14bridge, provided that, if electronic toll collection is used on
15such bridge or ferry, the municipality shall configure the
16electronic toll collection system to be compatible with the
17electronic toll collection system used by the Illinois State
18Toll Highway Authority;
19    (4) To borrow money, make and issue bonds payable from and
20secured by a pledge of the net revenue of the bridge for the
21acquisition, construction, reconstruction, improvement,
22enlargement, betterment or repair of which such bonds may be
23issued;
24    (5) To cooperate with any adjoining state, or any political
25subdivision, agency, department, bureau, commission or
26authority thereof, of whatsoever kind, in the acquisition,

 

 

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1construction, reconstruction, improvement, enlargement,
2betterment, operation, maintenance and repair of any bridge,
3and in defraying the cost thereof;
4    (6) To make contracts of every kind and nature and to
5execute all instruments necessary or convenient for the
6carrying out of the purposes of this Division of this Article;
7    (7) Without limitation of the foregoing, to borrow money
8and to accept grants from the United States or any person, and
9to enter into contracts with the United States and such person
10in connection therewith; and
11    (7.5) To enter into intergovernmental agreements with the
12Illinois State Toll Highway Authority to provide for the
13compatibility of electronic toll collection services or to have
14the Authority provide electronic toll collection or toll
15violation enforcement services; and
16    (8) To alter, widen, lay out, open or construct any
17streets, avenues or boulevards within or without any
18municipality deemed necessary to provide adequate traffic
19regulation and approach or approaches to such bridge or
20bridges, and to borrow money and issue bonds for such purpose
21as provided by this Division of this Article.
22(Source: Laws 1961, p. 2575.)
 
23    Section 10. The Toll Highway Act is amended by changing
24Section 11 as follows:
 

 

 

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

 

 

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

 

 

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1municipality or political subdivision of the State of Illinois,
2or with the Federal Government, or any agency thereof, or with
3any corporation, individual, firm, person or association.
4Where such structures have been built by the Authority and a
5local highway agency did not enter into an agreement to the
6contrary, the Authority shall maintain the entire structure,
7including the road surface, at the Authority's expense.
8    (e) To contract with and grant concessions to or lease or
9license to any person, partnership, firm, association or
10corporation so desiring the use of any part of any toll
11highways, excluding the paved portion thereof, but including
12the right of way adjoining, under, or over said paved portion
13for the placing of telephone, telegraph, electric, power lines
14and other utilities, and for the placing of pipe lines, and to
15enter into operating agreements with or to contract with and
16grant concessions to or to lease to any person, partnership,
17firm, association or corporation so desiring the use of any
18part of the toll highways, excluding the paved portion thereof,
19but including the right of way adjoining, or over said paved
20portion for motor fuel service stations and facilities,
21garages, stores and restaurants, or for any other lawful
22purpose, and to fix the terms, conditions, rents, rates and
23charges for such use.
24    The Authority shall also have power to establish reasonable
25regulations for the installation, construction, maintenance,
26repair, renewal, relocation and removal of pipes, mains,

 

 

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1conduits, cables, wires, towers, poles and other equipment and
2appliances (herein called public utilities) of any public
3utility as defined in the Public Utilities Act along, over or
4under any toll road project. Whenever the Authority shall
5determine that it is necessary that any such public utility
6facilities which now are located in, on, along, over or under
7any project or projects be relocated or removed entirely from
8any such project or projects, the public utility owning or
9operating such facilities shall relocate or remove the same in
10accordance with the order of the Authority. All costs and
11expenses of such relocation or removal, including the cost of
12installing such facilities in a new location or locations, and
13the cost of any land or lands, or interest in land, or any
14other rights required to accomplish such relocation or removal
15shall be ascertained and paid by the Authority as a part of the
16cost of any such project or projects, and further, there shall
17be no rent, fee or other charge of any kind imposed upon the
18public utility owning or operating any facilities ordered
19relocated on the properties of the said Authority and the said
20Authority shall grant to the said public utility owning or
21operating said facilities and its successors and assigns the
22right to operate the same in the new location or locations for
23as long a period and upon the same terms and conditions as it
24had the right to maintain and operate such facilities in their
25former location or locations.
26    (f) To enter into an intergovernmental agreement or

 

 

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1contract with a unit of local government or other public or
2private entity for the collection, enforcement, and
3administration of tolls, fees, revenue, and violations.
4    The General Assembly finds that electronic toll collection
5systems in Illinois should be standardized to promote safety,
6efficiency, and traveler convenience. The Authority shall
7cooperate with other public and private entities to further the
8goal of standardized toll collection in Illinois and is
9authorized to provide toll collection and toll violation
10enforcement services to such entities when doing so is in the
11best interest of the Authority and consistent with its
12obligations under Section 23 of this Act.
13(Source: P.A. 94-636, eff. 8-22-05.)
 
14    Section 15. The Toll Bridge Act is amended by changing
15Section 7 as follows:
 
16    (605 ILCS 115/7)  (from Ch. 137, par. 7)
17    Sec. 7. The county board shall fix the rates of toll, and
18may from time to time, alter and change the same, and in case
19of the neglect of the owner of the bridge to keep the same in
20proper repair and safe for the crossing of persons and
21property, may prohibit the taking of toll.
22    The General Assembly finds that electronic toll collection
23systems in Illinois should be standardized to promote safety,
24efficiency, and traveler convenience. If electronic toll

 

 

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1collection is used on such bridge, the county shall cause the
2configuration of the electronic toll collection system to be
3compatible with the electronic toll collection system used by
4the Illinois State Toll Highway Authority. The municipality may
5enter into an intergovernmental agreement with the Illinois
6State Toll Highway Authority to provide for such compatibility
7or to have the Authority provide electronic toll collection or
8toll violation enforcement services. Any toll bridges in
9Winnebago County that are in operation and collecting tolls on
10the effective date of this amendatory Act of the 97th General
11Assembly are exempt from the provisions of the Act.
12(Source: R.S. 1874, p. 1059.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.