Illinois General Assembly - Full Text of SB1214
Illinois General Assembly

Previous General Assemblies

Full Text of SB1214  98th General Assembly




SB1214 EnrolledLRB098 06895 MLW 36952 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.
15    (a-5) To fix, assess, and collect civil fines for a
16vehicle's operation on a toll highway without the required toll
17having been paid. The Authority may establish by rule a system
18of civil administrative adjudication to adjudicate only
19alleged instances of a vehicle's operation on a toll highway
20without the required toll having been paid, as detected by the
21Authority's video or photo surveillance system. In cases in
22which the operator of the vehicle is not the registered vehicle
23owner, the establishment of ownership of the vehicle creates a



SB1214 Enrolled- 2 -LRB098 06895 MLW 36952 b

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



SB1214 Enrolled- 3 -LRB098 06895 MLW 36952 b

1be admitted as prima facie evidence of the correctness of the
2facts contained in the notice or facsimile. Only civil fines,
3along with the corresponding outstanding toll, and costs may be
4imposed by administrative adjudication. A fine may be imposed
5under this paragraph only if a violation is established by a
6preponderance of the evidence. Judicial review of all final
7orders of the Authority under this paragraph shall be conducted
8in the circuit court of the county in which the administrative
9decision was rendered in accordance with the Administrative
10Review Law.
11    The Authority may maintain a listing or searchable database
12on its website of persons or entities that have been issued one
13or more final orders of liability with a total amount due of
14more than $1,000 for tolls, fines, unpaid late fees, or
15administrative costs that remain unpaid after the exhaustion
16of, or the failure to exhaust, the judicial review procedures
17under the Administrative Review Law. Each entry may include the
18person's or entity's name as listed on the final order of
20    Any outstanding toll, fine, additional late payment fine,
21other sanction, or costs imposed, or part of any fine, other
22sanction, or costs imposed, remaining unpaid after the
23exhaustion of, or the failure to exhaust, judicial review
24procedures under the Administrative Review Law are a debt due
25and owing the Authority and may be collected in accordance with
26applicable law. After expiration of the period in which



SB1214 Enrolled- 4 -LRB098 06895 MLW 36952 b

1judicial review under the Administrative Review Law may be
2sought, unless stayed by a court of competent jurisdiction, a
3final order of the Authority under this subsection (a-5) may be
4enforced in the same manner as a judgment entered by a court of
5competent jurisdiction. Notwithstanding any other provision of
6this Act, the Authority may, with the approval of the Attorney
7General, retain a law firm or law firms with expertise in the
8collection of government fines and debts for the purpose of
9collecting fines, costs, and other moneys due under this
10subsection (a-5).
11    A system of civil administrative adjudication may also
12provide for a program of vehicle immobilization, tow, or
13impoundment for the purpose of facilitating enforcement of any
14final order or orders of the Authority under this subsection
15(a-5) that result in a finding or liability for 5 or more
16violations after expiration of the period in which judicial
17review under the Administrative Review Law may be sought. The
18registered vehicle owner of a vehicle immobilized, towed, or
19impounded for nonpayment of a final order of the Authority
20under this subsection (a-5) shall have the right to request a
21hearing before the Authority's civil administrative
22adjudicatory system to challenge the validity of the
23immobilization, tow, or impoundment. This hearing, however,
24shall not constitute a readjudication of the merits of
25previously adjudicated notices. Judicial review of all final
26orders of the Authority under this subsection (a-5) shall be



SB1214 Enrolled- 5 -LRB098 06895 MLW 36952 b

1conducted in the circuit court of the county in which the
2administrative decision was rendered in accordance with the
3Administrative Review Law.
4    No commercial entity that is the lessor of a vehicle under
5a written lease agreement shall be liable for an administrative
6notice of violation for toll evasion issued under this
7subsection (a-5) involving that vehicle during the period of
8the lease if the lessor provides a copy of the leasing
9agreement to the Authority within 21 days of the issue date on
10the notice of violation. The leasing agreement also must
11contain a provision or addendum informing the lessee that the
12lessee is liable for payment of all tolls and any fines for
13toll evasion. Each entity must also post a sign at the leasing
14counter notifying the lessee of that liability. The copy of the
15leasing agreement provided to the Authority must contain the
16name, address, and driver's license number of the lessee, as
17well as the check-out and return dates and times of the vehicle
18and the vehicle license plate number and vehicle make and
20    As used in this subsection (a-5), "lessor" includes
21commercial leasing and rental entities but does not include
22public passenger vehicle entities.
23    The Authority shall establish an amnesty program for
24violations adjudicated under this subsection (a-5). Under the
25program, any person who has an outstanding notice of violation
26for toll evasion or a final order of a hearing officer for toll



SB1214 Enrolled- 6 -LRB098 06895 MLW 36952 b

1evasion dated prior to the effective date of this amendatory
2Act of the 94th General Assembly and who pays to the Authority
3the full percentage amounts listed in this paragraph remaining
4due on the notice of violation or final order of the hearing
5officer and the full fees and costs paid by the Authority to
6the Secretary of State relating to suspension proceedings, if
7applicable, on or before 5:00 p.m., Central Standard Time, of
8the 60th day after the effective date of this amendatory Act of
9the 94th General Assembly shall not be required to pay more
10than the listed percentage of the original fine amount and
11outstanding toll as listed on the notice of violation or final
12order of the hearing officer and the full fees and costs paid
13by the Authority to the Secretary of State relating to
14suspension proceedings, if applicable. The payment percentage
15scale shall be as follows: a person with 25 or fewer violations
16shall be eligible for amnesty upon payment of 50% of the
17original fine amount and the outstanding tolls; a person with
18more than 25 but fewer than 51 violations shall be eligible for
19amnesty upon payment of 60% of the original fine amount and the
20outstanding tolls; and a person with 51 or more violations
21shall be eligible for amnesty upon payment of 75% of the
22original fine amount and the outstanding tolls. In such a
23situation, the Executive Director of the Authority or his or
24her designee is authorized and directed to waive any late fine
25amount above the applicable percentage of the original fine
26amount. Partial payment of the amount due shall not be a basis



SB1214 Enrolled- 7 -LRB098 06895 MLW 36952 b

1to extend the amnesty payment deadline nor shall it act to
2relieve the person of liability for payment of the late fine
3amount. In order to receive amnesty, the full amount of the
4applicable percentage of the original fine amount and
5outstanding toll remaining due on the notice of violation or
6final order of the hearing officer and the full fees and costs
7paid by the Authority to the Secretary of State relating to
8suspension proceedings, if applicable, must be paid in full by
95:00 p.m., Central Standard Time, of the 60th day after the
10effective date of this amendatory Act of the 94th General
11Assembly. This amendatory Act of the 94th General Assembly has
12no retroactive effect with regard to payments already tendered
13to the Authority that were full payments or payments in an
14amount greater than the applicable percentage, and this Act
15shall not be the basis for either a refund or a credit. This
16amendatory Act of the 94th General Assembly does not apply to
17toll evasion citations issued by the Illinois State Police or
18other authorized law enforcement agencies and for which payment
19may be due to or through the clerk of the circuit court. The
20Authority shall adopt rules as necessary to implement the
21provisions of this amendatory Act of the 94th General Assembly.
22The Authority, by a resolution of the Board of Directors, shall
23have the discretion to implement similar amnesty programs in
24the future. The Authority, at its discretion and in
25consultation with the Attorney General, is further authorized
26to settle an administrative fine or penalty if it determines



SB1214 Enrolled- 8 -LRB098 06895 MLW 36952 b

1that settling for less than the full amount is in the best
2interests of the Authority after taking into account the
3following factors: (1) the merits of the Authority's claim
4against the respondent; (2) the amount that can be collected
5relative to the administrative fine or penalty owed by the
6respondent; (3) the cost of pursuing further enforcement or
7collection action against the respondent; (4) the likelihood of
8collecting the full amount owed; and (5) the burden on the
9judiciary. The provisions in this Section may be extended to
10other toll facilities in the State of Illinois through a duly
11executed agreement between the Authority and the operator of
12the toll facility.
13    (b) To prescribe rules and regulations applicable to
14traffic on highways under the jurisdiction of the Authority,
16        (1) Types of vehicles permitted to use such highways or
17    parts thereof, and classification of such vehicles;
18        (2) Designation of the lanes of traffic to be used by
19    the different types of vehicles permitted upon said
20    highways;
21        (3) Stopping, standing, and parking of vehicles;
22        (4) Control of traffic by means of police officers or
23    traffic control signals;
24        (5) Control or prohibition of processions, convoys,
25    and assemblages of vehicles and persons;
26        (6) Movement of traffic in one direction only on



SB1214 Enrolled- 9 -LRB098 06895 MLW 36952 b

1    designated portions of said highways;
2        (7) Control of the access, entrance, and exit of
3    vehicles and persons to and from said highways; and
4        (8) Preparation, location and installation of all
5    traffic signs; and to prescribe further rules and
6    regulations applicable to such traffic, concerning matters
7    not provided for either in the foregoing enumeration or in
8    the Illinois Vehicle Code. Notice of such rules and
9    regulations shall be posted conspicuously and displayed at
10    appropriate points and at reasonable intervals along said
11    highways, by clearly legible markers or signs, to provide
12    notice of the existence of such rules and regulations to
13    persons traveling on said highways. At each toll station,
14    the Authority shall make available, free of charge,
15    pamphlets containing all of such rules and regulations.
16    (c) The Authority, in fixing the rate for tolls for the
17privilege of using the said toll highways, is authorized and
18directed, in fixing such rates, to base the same upon annual
19estimates to be made, recorded and filed with the Authority.
20Said estimates shall include the following: The estimated total
21amount of the use of the toll highways; the estimated amount of
22the revenue to be derived therefrom, which said revenue, when
23added to all other receipts and income, will be sufficient to
24pay the expense of maintaining and operating said toll
25highways, including the administrative expenses of the
26Authority, and to discharge all obligations of the Authority as



SB1214 Enrolled- 10 -LRB098 06895 MLW 36952 b

1they become due and payable.
2    (d) To accept from any municipality or political
3subdivision any lands, easements or rights in land needed for
4the operation, construction, relocation or maintenance of any
5toll highways, with or without payment therefor, and in its
6discretion to reimburse any such municipality or political
7subdivision out of its funds for any cost or expense incurred
8in the acquisition of land, easements or rights in land, in
9connection with the construction and relocation of the said
10toll highways, widening, extending roads, streets or avenues in
11connection therewith, or for the construction of any roads or
12streets forming extension to and connections with or between
13any toll highways, or for the cost or expense of widening,
14grading, surfacing or improving any existing streets or roads
15or the construction of any streets and roads forming extensions
16of or connections with any toll highways constructed,
17relocated, operated, maintained or regulated hereunder by the
18Authority. Where property owned by a municipality or political
19subdivision is necessary to the construction of an approved
20toll highway, if the Authority cannot reach an agreement with
21such municipality or political subdivision and if the use to
22which the property is being put in the hands of the
23municipality or political subdivision is not essential to the
24existence or the administration of such municipality or
25political subdivision, the Authority may acquire the property
26by condemnation.



SB1214 Enrolled- 11 -LRB098 06895 MLW 36952 b

1(Source: P.A. 94-636, eff. 8-22-05.)