Full Text of HB4354 95th General Assembly
HB4354ham001 95TH GENERAL ASSEMBLY
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Tollway Oversight Committee
Filed: 4/16/2008
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| AMENDMENT TO HOUSE BILL 4354
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| AMENDMENT NO. ______. Amend House Bill 4354 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Toll Bridge Act is amended by changing | 5 |
| Section 13 and by adding Sections 18, 19, 20, 21, 22, 23, 24, | 6 |
| 25, 26, 27, and 28 as follows:
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| (605 ILCS 115/13) (from Ch. 137, par. 13)
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| Sec. 13. Larceny; failure to pay toll; penalties. | 9 |
| (a) Any person
who willfully, maliciously, and forcibly | 10 |
| breaks any mechanical or
electronic toll collection device of a | 11 |
| toll bridge operator or any
appurtenance thereto with the | 12 |
| intent to commit larceny is guilty of a Class 4 felony. | 13 |
| (b) Any operator of a motor
vehicle who passes through a | 14 |
| toll gate or other area of a toll
road bridge where a toll or | 15 |
| charge is due without paying the
amount due is guilty of a | 16 |
| petty offense with a maximum
fine not to exceed $500. Every |
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| person who shall willfully break, throw, draw or injure any
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| gate
erected on any toll bridge, or shall forcibly or | 3 |
| fraudulently pass over any
such bridge without having first | 4 |
| paid or tendered the legal toll, shall be
deemed guilty of a | 5 |
| petty offense, and upon conviction
shall be fined, in addition | 6 |
| to the damage resulting from such wrongful act,
in any sum not | 7 |
| exceeding ten dollars.
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| (Source: P.A. 89-657, eff. 8-14-96)
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| (605 ILCS 115/18 new) | 10 |
| Sec. 18. Automated traffic enforcement system. | 11 |
| (a) An operator may use state-of-the-art technology, | 12 |
| including but not limited to an automated traffic law | 13 |
| enforcement system, vehicle identification photography, and | 14 |
| video surveillance, to aid in the collection of tolls and | 15 |
| enforcement of toll violations. | 16 |
| (b) An "operator" is any entity, public or private, | 17 |
| authorized to collect tolls on an Illinois toll bridge, | 18 |
| including the Chicago Skyway Toll Bridge. | 19 |
| (605 ILCS 115/19 new) | 20 |
| Sec. 19. Toll evasion violation. | 21 |
| (a) If evidence of a violation of subsection (b) of Section | 22 |
| 13 is obtained by an automated traffic law enforcement system, | 23 |
| the operator of the toll bridge on which the violation | 24 |
| allegedly occurred shall provide written notice of the alleged |
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| violation to the owner of the vehicle that is alleged to have | 2 |
| been used in committing the violation. Notice under this | 3 |
| Section must be sent by First Class United States Mail or other | 4 |
| means as provided by law, postage prepaid to the address of the | 5 |
| registered owner of the cited vehicle as recorded with the | 6 |
| Secretary of State's vehicle registration records. The notice | 7 |
| must include the following information: | 8 |
| (1) The date, time, and location of the alleged | 9 |
| violation. | 10 |
| (2) The name and address of the vehicle owner. | 11 |
| (3) The license plate and registration number of the | 12 |
| vehicle alleged to have committed the violation. | 13 |
| (4) Notice that the basis of the violation is the | 14 |
| photograph or recorded image from the automated traffic law | 15 |
| enforcement system. | 16 |
| (5) The amount of the toll that is owed and the amount | 17 |
| of any costs or other assessments added by the operator to | 18 |
| the amount due to offset the administrative fees and | 19 |
| collection costs of the operator. An amount under this item | 20 |
| shall not exceed the amount specified in Section 26. | 21 |
| (6) That the owner of the vehicle has 15 days from the | 22 |
| date the operator mails notice of the alleged violation to | 23 |
| pay the amounts specified in the notice or to inform the | 24 |
| operator of the owner's intent to deny the owner's | 25 |
| responsibility for the alleged violation. | 26 |
| (7) Notice of the opportunity to be heard on the |
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| question of the alleged violation. | 2 |
| (b) Each toll violation shall be considered a separate | 3 |
| violation. | 4 |
| (c) If the owner of a vehicle receives notice under this | 5 |
| Section, the owner must: (1) pay the amount specified in the | 6 |
| notice; or (2) deny responsibility for the violation alleged in | 7 |
| the notice with a written explanation within 15 days. A failure | 8 |
| to comply with this subsection (c) shall result in the | 9 |
| imposition of toll evasion penalties. | 10 |
| (d) The processing entity shall provide the vehicle owner | 11 |
| with notice that he or she may submit an affidavit of | 12 |
| non-liability offering proof that: (1) the vehicle in question | 13 |
| was rented or leased at the time of violation; (2) the vehicle | 14 |
| in question was sold at the time of the violation; or (3) the | 15 |
| vehicle or license plate in question was stolen at the time of | 16 |
| the violation. | 17 |
| (605 ILCS 115/20 new) | 18 |
| Sec. 20. Administrative review. | 19 |
| (a) Upon notice of a contest of toll violation, the | 20 |
| processing entity shall either investigate its own records and | 21 |
| staff or request that the operator, if separate from the | 22 |
| processing entity, investigate the circumstances of the notice | 23 |
| with respect to the contestant's written explanation of reasons | 24 |
| for contesting the toll violation. If, based upon the results | 25 |
| of that investigation, the processing entity is satisfied that |
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| the violation did not occur or that that registered owner was | 2 |
| not responsible for the violation, the processing entity shall | 3 |
| cancel the notice of toll evasion. The processing entity shall | 4 |
| provide written notice to the vehicle owner whether it will | 5 |
| cancel the violation or whether the violation shall remain in | 6 |
| force. | 7 |
| (b) If the contestant is not satisfied with the results of | 8 |
| the investigation provided for in subsection (a), the | 9 |
| contestant may, within 21 days after receipt of the decision of | 10 |
| the internal review, deposit the amount of the toll evasion | 11 |
| violation and request an administrative review. An | 12 |
| administrative review shall be held within 60 calendar days | 13 |
| following the receipt of request. | 14 |
| (c) The operator shall contract with a public agency or a | 15 |
| private entity that has no financial interest in the toll | 16 |
| bridge for the provision of administrative review services. The | 17 |
| costs of those administrative review services shall be included | 18 |
| in the administrative fees authorized by this Act. | 19 |
| (d) The operator shall not be required to produce any | 20 |
| evidence other than the notice of toll evasion violation or a | 21 |
| copy thereof, information identifying the registered owner of | 22 |
| the vehicle, and an affidavit from the person reporting the | 23 |
| violations. This documentation, in proper form, shall be | 24 |
| considered prima facie evidence of the violation. | 25 |
| (e) The administrative review shall be conducted in | 26 |
| accordance with the written procedure established by the |
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| operator, which shall ensure fair and impartial review of | 2 |
| contested toll evasion violations. | 3 |
| (605 ILCS 115/21 new) | 4 |
| Sec. 21. Appeal of administrative review. Judicial review | 5 |
| of final administrative review decisions issued pursuant to | 6 |
| this Act shall be conducted in the circuit court of the county | 7 |
| in which the violation occurred pursuant to the Administrative | 8 |
| Review Law, which is hereby expressly adopted. | 9 |
| (605 ILCS 115/22 new) | 10 |
| Sec. 22. Toll evasion penalty. | 11 |
| (a) Upon the failure of a vehicle owner to respond to | 12 |
| proper notice of a toll evasion violation in accordance with | 13 |
| Section 19, the vehicle owner shall be liable for a toll | 14 |
| evasion penalty in addition the amount set forth in the final | 15 |
| toll evasion notice. The toll evasion penalty shall not exceed | 16 |
| $150 for the first violation, $300 for a second violation | 17 |
| within one year, and $500 for each additional violation within | 18 |
| one year. | 19 |
| (b) Toll evasion penalties shall be collected as civil | 20 |
| penalties. | 21 |
| (605 ILCS 115/23 new) | 22 |
| Sec. 23. Enforcement of unpaid toll evasion penalty. If the | 23 |
| owner of a vehicle who receives a notice of toll evasion |
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| penalty under this Section: fails to pay the amounts specified | 2 |
| in the notice; or fails to respond to the notice requesting an | 3 |
| administrative hearing, then the processing entity shall | 4 |
| proceed under one or more of the following options to collect | 5 |
| an unpaid toll evasion penalty: | 6 |
| (1) File a certification report of unpaid toll evasion | 7 |
| penalty with the Secretary of State to suspend the owner's | 8 |
| vehicle registration as provided in Section 24 of this Act. | 9 |
| (2) File proof of failure to pay toll evasion penalty | 10 |
| with a court of competent jurisdiction with the same effect | 11 |
| as a civil judgment. Execution may be levied and other | 12 |
| measures may be taken for the collection of the judgment as | 13 |
| are authorized for the collection of an unpaid civil | 14 |
| judgment entered against a defendant in an action on a | 15 |
| debtor. The court may assess costs against a judgment | 16 |
| debtor to be paid upon satisfaction of the judgment. The | 17 |
| processing entity shall send a notice by firstclass mail | 18 |
| to the person or registered owner indicating that a | 19 |
| judgment shall be entered for the unpaid penalties, fees, | 20 |
| and costs and that, after 30 days from the date of the | 21 |
| mailing of notice, the judgment shall have the same effect | 22 |
| as an entry of judgment against a judgment debtor. The | 23 |
| person or registered owner shall also be notified at that | 24 |
| time that execution may be levied against his or her | 25 |
| assets, liens may be placed against his or her property, | 26 |
| his or her wages may be garnished, outstanding judgments |
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| may be reported to the credit bureau, civil penalties | 2 |
| assessed, and other steps may be taken to satisfy the | 3 |
| judgment. The filing fee plus any costs of collection shall | 4 |
| be added to the judgment amount. This amount shall not be | 5 |
| restricted by Section 13, 20, 21, or 24 of this Act. | 6 |
| (605 ILCS 115/24 new) | 7 |
| Sec. 24. Suspension of vehicle registration. | 8 |
| (a) Notwithstanding any other penalties that may be | 9 |
| imposed, the Secretary of State shall suspend the registration | 10 |
| of any vehicle upon notice by the processing entity that a | 11 |
| registered owner who has received notice of toll evasion | 12 |
| penalty and has failed to: | 13 |
| (1) pay the toll, administrative fees, and toll evasion | 14 |
| penalty for the violation by the later of the date | 15 |
| specified in the notice of toll evasion penalty or within | 16 |
| 90 business days; or | 17 |
| (2) provide notice of intention to contest liability | 18 |
| for the toll evasion penalty by the later of the date | 19 |
| specified in the notice of toll evasion penalty or within | 20 |
| 30 business days. | 21 |
| (b) A prerequisite to the suspension of vehicle | 22 |
| registration by the Secretary of State shall be the submission | 23 |
| to the Secretary of State, by the processing entity, of a | 24 |
| certified report containing the following information: | 25 |
| (1) The name, last known address as recorded with the |
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| Secretary of State, or, for a lessee of a cited vehicle, | 2 |
| the last known address known to the lessor of the cited | 3 |
| vehicle at the time of the lease, and the driver's license | 4 |
| number of the person who failed to satisfy the final order | 5 |
| or liability and the registration number of any vehicle | 6 |
| known to be registered in the State of Illinois to the | 7 |
| person. | 8 |
| (2) A statement that the processing entity sent a | 9 |
| notice of impending suspension of the person's driver's | 10 |
| license, vehicle
registration, or both, to the person named | 11 |
| in the report at the address recorded with the Secretary of | 12 |
| State, the date on which the notice was sent, and the | 13 |
| address to which the notice was sent. | 14 |
| (c) A person to whom the notice is sent may challenge the | 15 |
| accuracy contained in the certified report by providing written | 16 |
| notice to the processing entity. | 17 |
| (d) In addition to any tolls, penalties, or fees assessed | 18 |
| by the processing entity for toll violations, the registered | 19 |
| owner of the vehicle involved in the toll violations at issue | 20 |
| shall be required to reimburse the processing entity for all | 21 |
| fees paid to the Secretary of State for the enforcement of | 22 |
| Section 24. | 23 |
| (605 ILCS 115/25 new) | 24 |
| Sec. 25. Toll evasion processing and collection. | 25 |
| (a) An operator may elect to contract with the State, the |
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| county, a local authority, or a private entity for the | 2 |
| processing and collection of toll evasion violations and toll | 3 |
| evasion penalties. | 4 |
| (b) As used in this Act, "toll evasion penalty" includes, | 5 |
| but is not limited to, any fine, assessment, and costs of | 6 |
| collection as provided by law. | 7 |
| (c) As used in this Act, "toll evasion violation" includes | 8 |
| the unpaid toll and applicable administrative fees. | 9 |
| (d) If a contract is entered into pursuant to subsection | 10 |
| (a) of this Section, "processing entity" means the party | 11 |
| responsible for the processing of the notices of toll evasions | 12 |
| and notices of toll evasion penalties. Absent such a contract, | 13 |
| "processing entity" shall be synonymous with the operator of | 14 |
| the toll bridge. | 15 |
| (605 ILCS 115/26 new) | 16 |
| Sec. 26. Administrative fees. The operator shall be | 17 |
| entitled to assess administrative fees for each unpaid toll for | 18 |
| operating costs and expenses, including but not limited to | 19 |
| processing, review, and confirmation of driver information and | 20 |
| licenses plate information, dispute proceedings, and other | 21 |
| costs incurred in processing the unpaid toll in an amount not | 22 |
| to exceed $75. | 23 |
| (605 ILCS 115/27 new) | 24 |
| Sec. 27. Disbursement of toll evasion penalties. The |
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| operator shall be entitled to receive all unpaid tolls and | 2 |
| administrative fees from any toll evasion penalty collected | 3 |
| pursuant to this Act. The balance of the toll evasion penalty, | 4 |
| if any, shall be disbursed to the municipality in which the | 5 |
| toll bridge is located. | 6 |
| (605 ILCS 115/28 new) | 7 |
| Sec. 28. Privacy. Photographs or recorded images used | 8 |
| pursuant to this Act are confidential and shall be made | 9 |
| available only to the owner of the vehicle, the alleged | 10 |
| offender, the alleged offender's attorney, the judiciary, any | 11 |
| private entities
specifically contracted with for the | 12 |
| processing and collection of toll evasion violations or toll | 13 |
| evasion penalties, and to governmental or law enforcement | 14 |
| agencies. ".
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