Full Text of HB1290 96th General Assembly
HB1290 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB1290
Introduced 2/18/2009, by Rep. Joseph M. Lyons SYNOPSIS AS INTRODUCED: |
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605 ILCS 10/10 |
from Ch. 121, par. 100-10 |
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Amends the Toll Highway Act. Makes a technical change in a Section
concerning powers of the Toll Highway Authority.
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A BILL FOR
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HB1290 |
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LRB096 10207 AJT 20375 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Toll Highway Act is amended by changing | 5 |
| Section 10 as follows: | 6 |
| (605 ILCS 10/10) (from Ch. 121, par. 100-10)
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| Sec. 10. The
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, and to
make, enact and enforce all | 11 |
| needful rules and regulations in connection
with the | 12 |
| construction, operation, management, care, regulation or
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| protection of its property or any toll highways, constructed or
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| 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 |
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| rebuttable presumption that the vehicle was
being operated by | 2 |
| an agent
of the registered vehicle owner. If the registered | 3 |
| vehicle owner liable for a
violation under this Section was
not | 4 |
| the operator of the vehicle at the time of the violation, the | 5 |
| owner may
maintain an action for
indemnification against the | 6 |
| operator in the circuit court.
Rules establishing a system of | 7 |
| civil administrative
adjudication must
provide for written | 8 |
| notice,
by first class mail or other means provided by law, to | 9 |
| the address of the
registered owner of the cited
vehicle as | 10 |
| recorded with the Secretary of State or to the lessee of the | 11 |
| cited
vehicle at the last address known
to the lessor of the | 12 |
| cited vehicle at the time of the lease,
of the
alleged | 13 |
| 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 | 15 |
| telephone
number to receive inquiries concerning alleged | 16 |
| violations.
The notice shall also inform the registered vehicle | 17 |
| owner that failure to
contest in the manner and time
provided | 18 |
| shall be deemed an admission of liability and that a final | 19 |
| 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 | 21 |
| preparation, certification, affirmation, or
mailing of the | 22 |
| notice. A notice of violation, sworn or affirmed to or | 23 |
| certified
by a duly authorized agent of
the Authority, or a | 24 |
| facsimile of the notice, based upon an inspection of
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| photographs, microphotographs,
videotape, or other recorded | 26 |
| images produced
by a video or photo surveillance system, shall |
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| be admitted as
prima facie evidence of the correctness of the | 2 |
| facts contained in the notice or
facsimile.
Only civil fines,
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| along with the corresponding outstanding toll, and costs
may be | 4 |
| imposed by
administrative adjudication. A fine may be imposed | 5 |
| under this paragraph only
if a violation is established by a | 6 |
| preponderance of the evidence. Judicial
review of all final | 7 |
| orders of the Authority under this paragraph shall be
conducted | 8 |
| in the circuit court of the county in which the administrative | 9 |
| decision was rendered in accordance with the Administrative | 10 |
| Review Law.
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| Any outstanding toll, fine, additional late payment fine, | 12 |
| other
sanction,
or costs imposed, or part of any fine, other | 13 |
| sanction, or costs imposed, remaining unpaid after the | 14 |
| exhaustion of, or the failure to
exhaust, judicial review | 15 |
| procedures under the Administrative Review
Law are a debt due | 16 |
| and owing
the Authority and may be collected in accordance
with | 17 |
| applicable law. After expiration of the period in
which | 18 |
| judicial review under the Administrative Review Law may be
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| sought,
unless stayed by a court of competent jurisdiction, a | 20 |
| final order of
the Authority under this subsection (a-5)
may be | 21 |
| enforced in
the same manner as a judgment entered by a court of | 22 |
| competent jurisdiction.
Notwithstanding any other provision of | 23 |
| this Act, the Authority may, with the approval of the Attorney | 24 |
| General, retain a law firm or law firms with expertise in the | 25 |
| collection of government fines and debts for the purpose of | 26 |
| collecting fines, costs, and other moneys due under this |
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| subsection (a-5).
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| A system of civil administrative adjudication may also | 3 |
| provide for a
program of vehicle
immobilization, tow, or | 4 |
| impoundment for the purpose of facilitating
enforcement of any | 5 |
| final order or orders of
the Authority under this subsection | 6 |
| (a-5) that result in a finding or liability for 5 or more | 7 |
| violations after
expiration of the period in which judicial | 8 |
| review under the Administrative Review Law may be sought. The | 9 |
| registered vehicle owner of a
vehicle immobilized, towed,
or | 10 |
| impounded for nonpayment of a final order
of the Authority | 11 |
| under this subsection (a-5) shall have the right
to request a | 12 |
| hearing before the Authority's civil administrative | 13 |
| adjudicatory
system to challenge the validity
of the | 14 |
| immobilization, tow, or impoundment.
This hearing, however, | 15 |
| shall not constitute a
readjudication of the merits of | 16 |
| previously adjudicated notices.
Judicial review of all final | 17 |
| orders of the
Authority under this subsection (a-5) shall be | 18 |
| conducted
in the circuit court of the county in which the | 19 |
| administrative decision was rendered in accordance with the | 20 |
| Administrative Review Law. | 21 |
| No commercial entity that is the lessor of a vehicle under | 22 |
| a written lease agreement shall be liable for an administrative | 23 |
| notice of violation for toll evasion issued under this | 24 |
| subsection (a-5) involving that vehicle during the period of | 25 |
| the lease if the lessor provides a copy of the leasing | 26 |
| agreement to the Authority within 21 days of the issue date on |
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| the notice of violation. The leasing agreement also must | 2 |
| contain a provision or addendum informing the lessee that the | 3 |
| lessee is liable for payment of all tolls and any fines for | 4 |
| toll evasion. Each entity must also post a sign at the leasing | 5 |
| counter notifying the lessee of that liability. The copy of the | 6 |
| leasing agreement provided to the Authority must contain the | 7 |
| name, address, and driver's license number of the lessee, as | 8 |
| well as the check-out and return dates and times of the vehicle | 9 |
| and the vehicle license plate number and vehicle make and | 10 |
| model. | 11 |
| As used in this subsection (a-5), "lessor" includes | 12 |
| commercial leasing and rental entities but does not include | 13 |
| 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 | 20 |
| the full percentage amounts listed in this paragraph
remaining | 21 |
| due on the notice of violation or final order of the
hearing | 22 |
| officer and the full fees and costs paid by the Authority to | 23 |
| the Secretary of State relating to suspension proceedings, if | 24 |
| applicable, on or before 5:00 p.m., Central Standard Time,
of | 25 |
| the 60th day after the effective date of this amendatory Act
of | 26 |
| 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 | 4 |
| by the Authority to the Secretary of State relating to | 5 |
| suspension proceedings, if applicable. The payment percentage | 6 |
| scale
shall be as follows: a person with 25 or fewer violations | 7 |
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be eligible for amnesty upon payment of 50% of the | 8 |
| original
fine amount and the outstanding tolls; a person with | 9 |
| more than
25 but fewer than 51 violations shall be eligible for | 10 |
| 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 | 24 |
| paid by the Authority to the Secretary of State relating to | 25 |
| suspension proceedings, if applicable, must be paid in full by | 26 |
| 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 | 16 |
| consultation with the Attorney
General, is further authorized | 17 |
| to settle an administrative fine or
penalty if it determines | 18 |
| that settling for less than the full amount
is in the best | 19 |
| interests of the Authority after taking into account
the | 20 |
| following factors:
(1) the merits of the Authority's claim | 21 |
| against the respondent;
(2) the amount that can be collected | 22 |
| relative to the
administrative fine or penalty owed by the | 23 |
| respondent;
(3) the cost of pursuing further enforcement or | 24 |
| collection
action against the respondent;
(4) the likelihood of | 25 |
| collecting the full amount owed; and
(5) the burden on the | 26 |
| judiciary.
The provisions in this Section may be extended to |
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| other
toll facilities in the State of Illinois through a duly
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| executed agreement between the Authority and
the operator of | 3 |
| the toll facility.
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| (b) To prescribe rules and regulations applicable to | 5 |
| traffic on highways
under the jurisdiction of the Authority, | 6 |
| concerning:
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| (1) Types of vehicles permitted to use such highways or | 8 |
| parts thereof,
and classification of such vehicles;
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| (2) Designation of the lanes of traffic to be used by | 10 |
| the different
types of vehicles permitted upon said | 11 |
| 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 | 14 |
| traffic control
signals;
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| (5) Control or prohibition of processions, convoys, | 16 |
| and assemblages of
vehicles and persons;
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| (6) Movement of traffic in one direction only on | 18 |
| designated portions of
said highways;
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| (7) Control of the access, entrance, and exit of | 20 |
| vehicles and persons to
and from said highways; and
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| (8) Preparation, location and installation of all | 22 |
| traffic signs;
and to prescribe further rules and | 23 |
| regulations applicable to such traffic,
concerning matters | 24 |
| not provided for either in the foregoing enumeration or
in | 25 |
| the Illinois Vehicle Code. Notice of such rules and | 26 |
| regulations
shall be posted conspicuously and displayed at |
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| appropriate points and at
reasonable intervals along said | 2 |
| highways, by clearly legible markers or
signs, to provide | 3 |
| notice of the existence of such rules and regulations to
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| persons traveling on said highways. At each toll station, | 5 |
| the Authority
shall make available, free of charge, | 6 |
| pamphlets containing all of such
rules and regulations.
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| (c) The Authority, in fixing the rate for tolls for the | 8 |
| privilege of
using the said toll highways, is authorized and | 9 |
| directed, in fixing such
rates, to base the same upon annual | 10 |
| estimates to be made, recorded and
filed with the Authority. | 11 |
| Said estimates shall include the following: The
estimated total | 12 |
| amount of the use of the toll highways; the estimated
amount of | 13 |
| the revenue to be derived therefrom, which said revenue, when
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| added to all other receipts and income, will be sufficient to | 15 |
| pay the
expense of maintaining and operating said toll | 16 |
| highways, including the
administrative expenses of the | 17 |
| Authority, and to discharge all obligations
of the Authority as | 18 |
| they become due and payable.
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| (d) To accept from any municipality or political | 20 |
| subdivision any lands,
easements or rights in land needed for | 21 |
| the operation, construction,
relocation or maintenance of any | 22 |
| toll highways, with or without payment
therefor, and in its | 23 |
| discretion to reimburse any such municipality or
political | 24 |
| subdivision out of its funds for any cost or expense incurred | 25 |
| in
the acquisition of land, easements or rights in land, in | 26 |
| connection with
the construction and relocation of the said |
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| toll highways, widening,
extending roads, streets or avenues in | 2 |
| connection therewith, or for the
construction of any roads or | 3 |
| streets forming extension to and connections
with or between | 4 |
| any toll highways, or for the cost or expense of widening,
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| grading, surfacing or improving any existing streets or roads | 6 |
| or the
construction of any streets and roads forming extensions | 7 |
| of or connections
with any toll highways constructed, | 8 |
| relocated, operated, maintained or
regulated hereunder by the | 9 |
| Authority. Where property owned by a
municipality or political | 10 |
| subdivision is necessary to the construction of
an approved | 11 |
| toll highway, if the Authority cannot reach an agreement with
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| such municipality or political subdivision and if the use to | 13 |
| which the
property is being put in the hands of the | 14 |
| municipality or political
subdivision is not essential to the | 15 |
| existence or the administration of such
municipality or | 16 |
| political subdivision, the Authority may acquire the
property | 17 |
| by condemnation.
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| (Source: P.A. 94-636, eff. 8-22-05.)
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