Full Text of HB4746 94th General Assembly
HB4746eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Toll Highway Act is amended by changing | 5 |
| Sections 10, 11, and 19 as follows: | 6 |
| (605 ILCS 10/10) (from Ch. 121, par. 100-10)
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| Sec. 10. The Authority shall have power:
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| (a) To pass resolutions, make by-laws, rules and | 9 |
| regulations for the
management, regulation and control of its | 10 |
| affairs, and to fix tolls as provided in Section 19 of this | 11 |
| Act , and to
make, enact and enforce all needful rules and | 12 |
| regulations in connection
with the construction, operation, | 13 |
| management, care, regulation or
protection of its property or | 14 |
| any toll highways, constructed or
reconstructed hereunder.
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| (a-5) To fix, assess, and collect civil fines for a | 16 |
| vehicle's operation on
a toll highway without the required toll | 17 |
| having been paid.
The Authority may
establish by rule a system | 18 |
| of civil administrative adjudication to adjudicate
only | 19 |
| alleged
instances of a vehicle's operation on a toll highway | 20 |
| without the required toll
having been paid, as detected by the | 21 |
| Authority's video or photo
surveillance system.
In cases in | 22 |
| which the operator of the vehicle is not the registered
vehicle | 23 |
| owner, the establishment of
ownership of the vehicle creates a | 24 |
| rebuttable presumption that the vehicle was
being operated by | 25 |
| an agent
of the registered vehicle owner. If the registered | 26 |
| vehicle owner liable for a
violation under this Section was
not | 27 |
| the operator of the vehicle at the time of the violation, the | 28 |
| owner may
maintain an action for
indemnification against the | 29 |
| operator in the circuit court.
Rules establishing a system of | 30 |
| civil administrative
adjudication must
provide for written | 31 |
| notice,
by first class mail or other means provided by law, to | 32 |
| the address of the
registered owner of the cited
vehicle as |
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| recorded with the Secretary of State or to the lessee of the | 2 |
| cited
vehicle at the last address known
to the lessor of the | 3 |
| cited vehicle at the time of the lease,
of the
alleged | 4 |
| violation and an opportunity to be heard on the question of the
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| violation and must provide for the establishment of a toll-free | 6 |
| telephone
number to receive inquiries concerning alleged | 7 |
| violations.
The notice shall also inform the registered vehicle | 8 |
| owner that failure to
contest in the manner and time
provided | 9 |
| shall be deemed an admission of liability and that a final | 10 |
| order of
liability may be entered on that admission. A duly
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| authorized agent of the Authority may perform
or execute the | 12 |
| preparation, certification, affirmation, or
mailing of the | 13 |
| notice. A notice of violation, sworn or affirmed to or | 14 |
| certified
by a duly authorized agent of
the Authority, or a | 15 |
| facsimile of the notice, based upon an inspection of
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| photographs, microphotographs,
videotape, or other recorded | 17 |
| images produced
by a video or photo surveillance system, shall | 18 |
| be admitted as
prima facie evidence of the correctness of the | 19 |
| facts contained in the notice or
facsimile.
Only civil fines,
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| along with the corresponding outstanding toll, and costs
may be | 21 |
| imposed by
administrative adjudication. A fine may be imposed | 22 |
| under this paragraph only
if a violation is established by a | 23 |
| preponderance of the evidence. Judicial
review of all final | 24 |
| orders of the Authority under this paragraph shall be
conducted | 25 |
| in the circuit court of the county in which the administrative | 26 |
| decision was rendered in accordance with the Administrative | 27 |
| Review Law.
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| 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 Administrative Review
Law are a debt due | 33 |
| and owing
the Authority and may be collected in accordance
with | 34 |
| applicable law. After expiration of the period in
which | 35 |
| judicial review under the Administrative Review Law may be
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| sought,
unless stayed by a court of competent jurisdiction, a |
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| final order of
the Authority under this subsection (a-5)
may be | 2 |
| enforced in
the same manner as a judgment entered by a court of | 3 |
| competent jurisdiction.
Notwithstanding any other provision of | 4 |
| this Act, the Authority may, with the approval of the Attorney | 5 |
| General, retain a law firm or law firms with expertise in the | 6 |
| collection of government fines and debts for the purpose of | 7 |
| collecting fines, costs, and other moneys due under this | 8 |
| subsection (a-5).
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| A system of civil administrative adjudication may also | 10 |
| provide for a
program of vehicle
immobilization, tow, or | 11 |
| impoundment for the purpose of facilitating
enforcement of any | 12 |
| final order or orders of
the Authority under this subsection | 13 |
| (a-5) that result in a finding or liability for 5 or more | 14 |
| violations after
expiration of the period in which judicial | 15 |
| review under the Administrative Review Law may be sought. The | 16 |
| registered vehicle owner of a
vehicle immobilized, towed,
or | 17 |
| impounded for nonpayment of a final order
of the Authority | 18 |
| under this subsection (a-5) shall have the right
to request a | 19 |
| hearing before the Authority's civil administrative | 20 |
| adjudicatory
system to challenge the validity
of the | 21 |
| immobilization, tow, or impoundment.
This hearing, however, | 22 |
| shall not constitute a
readjudication of the merits of | 23 |
| previously adjudicated notices.
Judicial review of all final | 24 |
| orders of the
Authority under this subsection (a-5) shall be | 25 |
| conducted
in the circuit court of the county in which the | 26 |
| administrative decision was rendered in accordance with the | 27 |
| Administrative Review Law. | 28 |
| No commercial entity that is the lessor of a vehicle under | 29 |
| a written lease agreement shall be liable for an administrative | 30 |
| notice of violation for toll evasion issued under this | 31 |
| subsection (a-5) involving that vehicle during the period of | 32 |
| the lease if the lessor provides a copy of the leasing | 33 |
| agreement to the Authority within 21 days of the issue date on | 34 |
| the notice of violation. The leasing agreement also must | 35 |
| contain a provision or addendum informing the lessee that the | 36 |
| lessee is liable for payment of all tolls and any fines for |
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| toll evasion. Each entity must also post a sign at the leasing | 2 |
| counter notifying the lessee of that liability. The copy of the | 3 |
| leasing agreement provided to the Authority must contain the | 4 |
| name, address, and driver's license number of the lessee, as | 5 |
| well as the check-out and return dates and times of the vehicle | 6 |
| and the vehicle license plate number and vehicle make and | 7 |
| model. | 8 |
| As used in this subsection (a-5), "lessor" includes | 9 |
| commercial leasing and rental entities but does not include | 10 |
| public passenger vehicle entities.
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| The Authority shall establish an amnesty program for
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| violations adjudicated under this subsection (a-5). Under the
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| program, any person who has an outstanding notice of violation
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| for toll evasion or a final order of a hearing officer for toll
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| evasion dated prior to the effective date of this amendatory
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| Act of the 94th General Assembly
and who pays to the
Authority | 17 |
| the full percentage amounts listed in this paragraph
remaining | 18 |
| due on the notice of violation or final order of the
hearing | 19 |
| officer and the full fees and costs paid by the Authority to | 20 |
| the Secretary of State relating to suspension proceedings, if | 21 |
| applicable, on or before 5:00 p.m., Central Standard Time,
of | 22 |
| the 60th day after the effective date of this amendatory Act
of | 23 |
| the 94th General Assembly shall not be required to pay more
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| than the listed percentage of the original fine amount and
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| outstanding toll as listed on the notice of violation or final
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| order of the hearing officer and the full fees and costs paid | 27 |
| by the Authority to the Secretary of State relating to | 28 |
| suspension proceedings, if applicable. The payment percentage | 29 |
| scale
shall be as follows: a person with 25 or fewer violations | 30 |
| shall
be eligible for amnesty upon payment of 50% of the | 31 |
| original
fine amount and the outstanding tolls; a person with | 32 |
| more than
25 but fewer than 51 violations shall be eligible for | 33 |
| amnesty
upon payment of 60% of the original fine amount and the
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| outstanding tolls; and a person with 51 or more violations
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| shall be eligible for amnesty upon payment of 75% of the
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| original fine amount and the outstanding tolls. In such a
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| situation, the Executive Director of the Authority or his or
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| her designee is authorized and directed to waive any late fine
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| amount above the applicable percentage of the original fine
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| amount. Partial payment of the amount due shall not be a basis
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| to extend the amnesty payment deadline nor shall it act to
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| relieve the person of liability for payment of the late fine
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| amount. In order to receive amnesty, the full amount of the
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| applicable percentage of the original fine amount and
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| outstanding toll remaining due on the notice of violation or
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| final order of the hearing officer and the full fees and costs | 11 |
| paid by the Authority to the Secretary of State relating to | 12 |
| suspension proceedings, if applicable, must be paid in full by | 13 |
| 5:00
p.m., Central Standard Time, of the 60th day after the
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| effective date of this amendatory Act of the 94th General
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| Assembly. This amendatory Act of the 94th General Assembly has
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| no retroactive effect with regard to payments already tendered
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| to the Authority that were full payments or payments in an
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| amount greater than the applicable percentage, and this Act
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| shall not be the basis for either a refund or a credit. This
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| amendatory Act of the 94th General Assembly does not apply to
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| toll evasion citations issued by the Illinois State Police or
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| other authorized law enforcement agencies and for which payment
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| may be due to or through the clerk of the circuit court. The
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| Authority shall adopt rules as necessary to implement the
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| provisions of this amendatory Act of the 94th General Assembly.
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| The Authority, by a resolution of the Board of Directors, shall
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| have the discretion to implement similar amnesty programs in
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| the future.
The Authority, at its discretion and in | 29 |
| consultation with the Attorney
General, is further authorized | 30 |
| to settle an administrative fine or
penalty if it determines | 31 |
| that settling for less than the full amount
is in the best | 32 |
| interests of the Authority after taking into account
the | 33 |
| following factors:
(1) the merits of the Authority's claim | 34 |
| against the respondent;
(2) the amount that can be collected | 35 |
| relative to the
administrative fine or penalty owed by the | 36 |
| respondent;
(3) the cost of pursuing further enforcement or |
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| collection
action against the respondent;
(4) the likelihood of | 2 |
| collecting the full amount owed; and
(5) the burden on the | 3 |
| judiciary.
The provisions in this Section may be extended to | 4 |
| other
toll facilities in the State of Illinois through a duly
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| executed agreement between the Authority and
the operator of | 6 |
| the toll facility.
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| (b) To prescribe rules and regulations applicable to | 8 |
| traffic on highways
under the jurisdiction of the Authority, | 9 |
| concerning:
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| (1) Types of vehicles permitted to use such highways or | 11 |
| parts thereof,
and classification of such vehicles;
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| (2) Designation of the lanes of traffic to be used by | 13 |
| the different
types of vehicles permitted upon said | 14 |
| highways;
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| (3) Stopping, standing, and parking of vehicles;
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| (4) Control of traffic by means of police officers or | 17 |
| traffic control
signals;
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| (5) Control or prohibition of processions, convoys, | 19 |
| and assemblages of
vehicles and persons;
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| (6) Movement of traffic in one direction only on | 21 |
| designated portions of
said highways;
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| (7) Control of the access, entrance, and exit of | 23 |
| vehicles and persons to
and from said highways; and
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| (8) Preparation, location and installation of all | 25 |
| traffic signs;
and to prescribe further rules and | 26 |
| regulations applicable to such traffic,
concerning matters | 27 |
| not provided for either in the foregoing enumeration or
in | 28 |
| the Illinois Vehicle Code. Notice of such rules and | 29 |
| regulations
shall be posted conspicuously and displayed at | 30 |
| appropriate points and at
reasonable intervals along said | 31 |
| highways, by clearly legible markers or
signs, to provide | 32 |
| notice of the existence of such rules and regulations to
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| persons traveling on said highways. At each toll station, | 34 |
| the Authority
shall make available, free of charge, | 35 |
| pamphlets containing all of such
rules and regulations.
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| (c) The Authority, in fixing the rate for tolls as provided |
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| in Section 19 of this Act for the privilege of
using the said | 2 |
| toll highways, is authorized and directed, in fixing such
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| rates, to base the same upon annual estimates to be made, | 4 |
| recorded and
filed with the Authority. Said estimates shall | 5 |
| include the following: The
estimated total amount of the use of | 6 |
| the toll highways; the estimated
amount of the revenue to be | 7 |
| derived therefrom, which said revenue, when
added to all other | 8 |
| receipts and income, will be sufficient to pay the
expense of | 9 |
| maintaining and operating said toll highways, including the
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| administrative expenses of the Authority, and to discharge all | 11 |
| obligations
of the Authority as they become due and payable.
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| (d) To accept from any municipality or political | 13 |
| subdivision any lands,
easements or rights in land needed for | 14 |
| the operation, construction,
relocation or maintenance of any | 15 |
| toll highways, with or without payment
therefor, and in its | 16 |
| discretion to reimburse any such municipality or
political | 17 |
| subdivision out of its funds for any cost or expense incurred | 18 |
| in
the acquisition of land, easements or rights in land, in | 19 |
| connection with
the construction and relocation of the said | 20 |
| toll highways, widening,
extending roads, streets or avenues in | 21 |
| connection therewith, or for the
construction of any roads or | 22 |
| streets forming extension to and connections
with or between | 23 |
| any toll highways, or for the cost or expense of widening,
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| grading, surfacing or improving any existing streets or roads | 25 |
| or the
construction of any streets and roads forming extensions | 26 |
| of or connections
with any toll highways constructed, | 27 |
| relocated, operated, maintained or
regulated hereunder by the | 28 |
| Authority. Where property owned by a
municipality or political | 29 |
| subdivision is necessary to the construction of
an approved | 30 |
| toll highway, if the Authority cannot reach an agreement with
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| such municipality or political subdivision and if the use to | 32 |
| which the
property is being put in the hands of the | 33 |
| municipality or political
subdivision is not essential to the | 34 |
| existence or the administration of such
municipality or | 35 |
| political subdivision, the Authority may acquire the
property | 36 |
| by condemnation.
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| (Source: P.A. 94-636, eff. 8-22-05.)
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| (605 ILCS 10/11) (from Ch. 121, par. 100-11)
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| Sec. 11. The Authority shall have power:
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| (a) To enter upon lands, waters and premises in the State | 5 |
| for the
purpose of making surveys, soundings, drillings and | 6 |
| examinations as may be
necessary, expedient or convenient for | 7 |
| the purposes of this Act, and such
entry shall not be deemed to | 8 |
| be a trespass, nor shall an entry for such
purpose be deemed an | 9 |
| entry under any condemnation proceedings which may be
then | 10 |
| pending; provided, however, that the Authority shall make
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| reimbursement for any actual damage resulting to such lands, | 12 |
| waters and
premises as the result of such activities.
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| (b) To construct, maintain and operate stations for the | 14 |
| collection of
tolls or charges upon and along any toll | 15 |
| highways.
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| (c) To provide for the collection of tolls and charges for | 17 |
| the privilege
of using the said toll highways as provided in | 18 |
| Section 19 of this Act .
Before it adopts an increase in the
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| rates for toll, the Authority shall hold a public
hearing at | 20 |
| which any person may appear, express opinions, suggestions, or
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| objections, or direct inquiries relating to the proposed | 22 |
| increase.
Any person may submit a written statement to the | 23 |
| Authority at
the hearing, whether appearing in person or not. | 24 |
| The hearing shall be held in
the county in which the proposed
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| increase of the rates is to take place. The
Authority shall | 26 |
| give notice of the hearing by advertisement on
3 successive | 27 |
| days at least 15 days prior to the date of the hearing in a | 28 |
| daily
newspaper of general circulation within the county within | 29 |
| which the
hearing is held.
The notice shall state the date, | 30 |
| time, and place of the hearing, shall contain
a description of | 31 |
| the proposed increase, and shall
specify how interested persons | 32 |
| may obtain copies of any reports, resolutions,
or certificates | 33 |
| describing the basis on which the proposed change, alteration,
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| or modification was calculated. After consideration of any | 35 |
| statements filed or
oral opinions, suggestions, objections, or |
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| inquiries made at the hearing, the
Authority may proceed to | 2 |
| adopt the proposed increase
of the rates for toll. No change or | 3 |
| alteration in or modification
of the rates for toll shall be | 4 |
| effective unless at least 30 days
prior to the effective date | 5 |
| of such rates notice thereof
shall be given to
the public by | 6 |
| publication in a newspaper of general circulation, and such
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| notice, or notices, thereof shall be posted and publicly | 8 |
| displayed at each
and every toll station upon or along said | 9 |
| toll highways.
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| (d) To construct, at the Authority's discretion, grade | 11 |
| separations
at intersections with any railroads, waterways, | 12 |
| street railways, streets,
thoroughfares, public roads or | 13 |
| highways intersected by the said toll
highways, and to change | 14 |
| and adjust the lines and grades thereof so as to
accommodate | 15 |
| the same to the design of such grade separation and to
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| construct interchange improvements. The Authority is | 17 |
| authorized to provide
such grade separations or interchange | 18 |
| improvements at its own cost or to
enter into contracts or | 19 |
| agreements with reference to division of cost
therefor with any | 20 |
| municipality or political subdivision of the State of
Illinois, | 21 |
| or with the Federal Government, or any agency thereof, or with
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| any corporation, individual, firm, person or association. | 23 |
| Where such
structures have been built by the Authority and a | 24 |
| local highway agency did
not enter into an agreement to the | 25 |
| contrary, the Authority shall maintain
the entire structure, | 26 |
| including the road surface, at the Authority's expense.
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| (e) To contract with and grant concessions to or lease or | 28 |
| 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 lines | 33 |
| and other
utilities, and for the placing of pipe lines, and to | 34 |
| enter into operating
agreements with or to contract with and | 35 |
| grant concessions to or to lease to
any person, partnership, | 36 |
| firm, association or corporation so desiring the
use of any |
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| part of the toll highways, excluding the paved portion thereof,
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| but including the right of way adjoining, or over said paved | 3 |
| portion for
motor fuel service stations and facilities, | 4 |
| garages, stores and
restaurants, or for any other lawful | 5 |
| purpose, and to fix the terms,
conditions, rents, rates and | 6 |
| charges for such use.
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| The Authority shall also have power to establish reasonable | 8 |
| regulations
for the installation, construction, maintenance, | 9 |
| repair, renewal,
relocation and removal of pipes, mains, | 10 |
| conduits, cables, wires, towers,
poles and other equipment and | 11 |
| appliances (herein called public utilities)
of any public | 12 |
| utility as defined in the Public Utilities Act along,
over or | 13 |
| under any toll road project. Whenever the Authority shall | 14 |
| determine
that it is necessary that any such public utility | 15 |
| facilities which now are
located in, on, along, over or under | 16 |
| any project or projects be relocated
or removed entirely from | 17 |
| any such project or projects, the public utility
owning or | 18 |
| operating such facilities shall relocate or remove the same in
| 19 |
| accordance with the order of the Authority. All costs and | 20 |
| expenses of such
relocation or removal, including the cost of | 21 |
| installing such facilities in
a new location or locations, and | 22 |
| the cost of any land or lands, or interest
in land, or any | 23 |
| other rights required to accomplish such relocation or
removal | 24 |
| shall be ascertained and paid by the Authority as a part of the
| 25 |
| cost of any such project or projects, and further, there shall | 26 |
| be no rent,
fee or other charge of any kind imposed upon the | 27 |
| public utility owning or
operating any facilities ordered | 28 |
| relocated on the properties of the said
Authority and the said | 29 |
| Authority shall grant to the said public utility
owning or | 30 |
| operating said facilities and its successors and assigns the
| 31 |
| right to operate the same in the new location or locations for | 32 |
| as long a
period and upon the same terms and conditions as it | 33 |
| had the right to
maintain and operate such facilities in their | 34 |
| former location or locations.
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| (f) To enter into an intergovernmental agreement or | 36 |
| contract with a unit of local government or other
public or |
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| private entity for the collection, enforcement, and | 2 |
| administration
of tolls,
fees, revenue, and violations.
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| (Source: P.A. 94-636, eff. 8-22-05.)
| 4 |
| (605 ILCS 10/19) (from Ch. 121, par. 100-19)
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| Sec. 19. The Authority shall fix and revise from time to | 6 |
| time, tolls or
charges or rates for the privilege of using each | 7 |
| of the toll highways
constructed pursuant to this Act. The | 8 |
| Authority shall provide that a vehicle owned or operated by the | 9 |
| Suburban Bus Division of the Regional Transportation Authority | 10 |
| is exempt from tolls if the vehicle is being used to transport | 11 |
| passengers for hire. Such tolls shall be so fixed and
adjusted | 12 |
| at rates calculated to provide the lowest reasonable toll rates
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| that will provide funds sufficient with other revenues of the | 14 |
| Authority to
pay, (a) the cost of the construction of a toll | 15 |
| highway authorized by joint
resolution of the General Assembly | 16 |
| pursuant to Section 14.1 and the
reconstruction, major repairs | 17 |
| or improvements of toll highways, (b) the
cost of maintaining, | 18 |
| repairing, regulating and operating the toll highways
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| including only the necessary expenses of the Authority, and (c) | 20 |
| the
principal of all bonds, interest thereon and all sinking | 21 |
| fund requirements
and other requirements provided by | 22 |
| resolutions authorizing the issuance of
the bonds as they shall | 23 |
| become due. The use and disposition of any sinking
or reserve | 24 |
| fund shall be subject to such regulation as may be provided in
| 25 |
| the resolution or trust indenture authorizing the issuance of | 26 |
| the bonds.
Subject to the provisions of any resolution or trust | 27 |
| indenture authorizing
the issuance of bonds any moneys in any | 28 |
| such sinking fund in excess of an
amount equal to one year's | 29 |
| interest on the bonds then outstanding secured
by such sinking | 30 |
| fund may be applied to the purchase or redemption of bonds.
All | 31 |
| such bonds so redeemed or purchased shall forthwith be | 32 |
| cancelled and
shall not again be issued. No person shall be | 33 |
| permitted to use any toll
highway without paying the toll | 34 |
| established under this Section except when
on official Toll | 35 |
| Highway Authority business which includes police and other
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| emergency vehicles. However, any law enforcement agency | 2 |
| vehicle, fire
department vehicle, or other emergency vehicle | 3 |
| that is plainly marked shall not
be
required to pay a toll to | 4 |
| use a toll highway.
A law enforcement, fire protection, or | 5 |
| emergency services
officer driving a law enforcement, fire | 6 |
| protection, or emergency services
agency
vehicle that is not | 7 |
| plainly marked must present an Official Permit Card which
the | 8 |
| law enforcement, fire protection, or emergency services | 9 |
| officer receives
from his or her law enforcement, fire | 10 |
| protection, or emergency services agency
in
order to use a toll | 11 |
| highway without paying the toll. A
law enforcement, fire | 12 |
| protection, or emergency services agency must apply to
the | 13 |
| Authority to receive a permit, and the
Authority shall adopt | 14 |
| rules for the issuance of a permit, that allows all
law | 15 |
| enforcement, fire protection, or emergency services agency | 16 |
| vehicles of the
law enforcement, fire protection, or emergency | 17 |
| services agency that are not
plainly
marked to use any toll | 18 |
| highway
without paying the toll established under this Section.
| 19 |
| The Authority shall maintain in
its office a list of
all | 20 |
| persons that are authorized to use any toll highway without | 21 |
| charge when
on official business of the Authority and such list | 22 |
| shall be open to the
public for inspection.
| 23 |
| Among other matters, this amendatory Act of 1990 is | 24 |
| intended to clarify
and confirm the prior intent of the General | 25 |
| Assembly to allow toll revenues
from the toll highway system to | 26 |
| be used to pay a portion of the cost of the
construction of the | 27 |
| North-South Toll Highway authorized by Senate Joint
Resolution | 28 |
| 122 of the 83rd General Assembly in 1984.
| 29 |
| (Source: P.A. 90-152, eff. 7-23-97.)
| 30 |
| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law.
|
|