Full Text of SB0158 101st General Assembly
SB0158ham001 101ST GENERAL ASSEMBLY | Rep. Lawrence Walsh, Jr. Filed: 5/1/2019
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| 1 | | AMENDMENT TO SENATE BILL 158
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 158 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Section 15-60 as follows:
| 6 | | (35 ILCS 200/15-60)
| 7 | | Sec. 15-60. Taxing district property. All property | 8 | | belonging to any county
or municipality used exclusively for | 9 | | the maintenance of the poor is exempt,
as is all property owned | 10 | | by a taxing district that is being held for future
expansion or | 11 | | development, except if leased by the taxing district to lessees
| 12 | | for use for other than public purposes.
| 13 | | Also exempt are:
| 14 | | (a) all swamp or overflowed lands belonging to any | 15 | | county;
| 16 | | (b) all public buildings belonging to any county, |
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| 1 | | township, or
municipality, with the ground on which the | 2 | | buildings are erected;
| 3 | | (c) all property owned by any municipality located | 4 | | within its
incorporated limits. Any such property leased by | 5 | | a municipality shall
remain exempt, and the leasehold | 6 | | interest of the lessee shall be assessed under
Section | 7 | | 9-195 of this Act, (i) for a lease entered into on or after | 8 | | January 1,
1994, unless the lease expressly provides that | 9 | | this exemption shall not apply;
(ii) for a lease entered | 10 | | into on or after the effective date of Public Act
87-1280 | 11 | | and before January 1, 1994, unless the lease expressly | 12 | | provides that
this exemption shall not apply or unless | 13 | | evidence other than the lease itself
substantiates the | 14 | | intent of the parties to the lease that this exemption | 15 | | shall
not apply; and (iii) for a lease entered into before | 16 | | the effective date of
Public Act 87-1280, if the terms of | 17 | | the lease do not bind the lessee to pay the
taxes on the | 18 | | leased property or if, notwithstanding the terms of the | 19 | | lease, the
municipality has filed or hereafter files a | 20 | | timely exemption petition or
complaint with respect to | 21 | | property consisting of or including the leased
property for | 22 | | an assessment year which includes part or all of the first | 23 | | 12
months of the lease period. The foregoing clause (iii) | 24 | | added by Public Act
87-1280 shall not operate to exempt | 25 | | property for any assessment year as to
which no timely | 26 | | exemption petition or complaint has been filed by the
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| 1 | | municipality or as to which an administrative or court | 2 | | decision denying
exemption has become final and | 3 | | nonappealable. For each assessment year or
portion thereof | 4 | | that property is made exempt by operation of the foregoing
| 5 | | clause (iii), whether such year or portion is before or | 6 | | after the effective
date of Public Act 87-1280, the | 7 | | leasehold interest of the lessee shall, if
necessary, be | 8 | | considered omitted property for purposes of this Act;
| 9 | | (c-5) Notwithstanding clause (i) of subsection (c), or | 10 | | any other law to the contrary, for a municipality with a | 11 | | population over 100,000, all property owned by the
a | 12 | | municipality , or property interests or rights held by the | 13 | | municipality, regardless of whether such property, | 14 | | interests, or rights are, in whole or in part, within or | 15 | | without its corporate limits, with a population of over | 16 | | 500,000 that is used for toll road or
toll bridge purposes | 17 | | and that is leased or licensed for those purposes to | 18 | | another entity
whose property or property interests or | 19 | | rights are is not exempt shall remain exempt, and any | 20 | | leasehold interest in such
the property , interest, or | 21 | | rights shall not be subject to taxation under Section 9-195 | 22 | | of this Code Act ;
| 23 | | (d) all property owned by any municipality located | 24 | | outside its
incorporated limits but within the same county | 25 | | when used as a tuberculosis
sanitarium, farm colony in | 26 | | connection with a house of correction, or nursery,
garden, |
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| 1 | | or farm, or for the growing of shrubs, trees, flowers, | 2 | | vegetables, and
plants for use in beautifying, | 3 | | maintaining, and operating playgrounds, parks,
parkways, | 4 | | public grounds, buildings, and institutions owned or | 5 | | controlled
by the municipality;
| 6 | | (e) all property owned by a township and operated as | 7 | | senior citizen
housing under Sections 35-50 through | 8 | | 35-50.6 of the Township Code; and | 9 | | (f) all property owned by the Executive Board of the | 10 | | Mutual Aid Box Alarm System (MABAS), a unit of | 11 | | intergovernmental cooperation, that is used for the public | 12 | | purpose of disaster preparedness and response for units of | 13 | | local government and the State of Illinois pursuant to | 14 | | Section 10 of Article VII of the Illinois Constitution and | 15 | | the Intergovernmental Cooperation Act.
| 16 | | All property owned by any municipality outside of its | 17 | | corporate limits is
exempt if used exclusively for municipal or | 18 | | public purposes.
| 19 | | For purposes of this Section, "municipality" means a | 20 | | municipality, as
defined in Section 1-1-2 of the Illinois | 21 | | Municipal Code.
| 22 | | (Source: P.A. 98-206, eff. 1-1-14.)
| 23 | | Section 10. The Toll Highway Act is amended by changing | 24 | | Section 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 | 4 | | for the
purpose of making surveys, soundings, drillings and | 5 | | examinations as may be
necessary, expedient or convenient for | 6 | | the purposes of this Act, and such
entry shall not be deemed to | 7 | | be a trespass, nor shall an entry for such
purpose be deemed an | 8 | | entry under any condemnation proceedings which may be
then | 9 | | pending; provided, however, that the Authority shall make
| 10 | | reimbursement for any actual damage resulting to such lands, | 11 | | waters and
premises as the result of such activities.
| 12 | | (b) To construct, maintain and operate stations for the | 13 | | collection of
tolls or charges upon and along any toll | 14 | | highways.
| 15 | | (c) To provide for the collection of tolls and charges for | 16 | | the privilege
of using the said toll highways.
Before it adopts | 17 | | an increase in the
rates for toll, the Authority shall hold a | 18 | | public
hearing at which any person may appear, express | 19 | | opinions, suggestions, or
objections, or direct inquiries | 20 | | relating to the proposed increase.
Any person may submit a | 21 | | written statement to the Authority at
the hearing, whether | 22 | | appearing in person or not. The hearing shall be held in
the | 23 | | county in which the proposed
increase of the rates is to take | 24 | | place. The
Authority shall give notice of the hearing by | 25 | | advertisement on
3 successive days at least 15 days prior to | 26 | | the date of the hearing in a daily
newspaper of general |
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| 1 | | circulation within the county within which the
hearing is held.
| 2 | | The notice shall state the date, time, and place of the | 3 | | hearing, shall contain
a description of the proposed increase, | 4 | | and shall
specify how interested persons may obtain copies of | 5 | | any reports, resolutions,
or certificates describing the basis | 6 | | on which the proposed change, alteration,
or modification was | 7 | | calculated. After consideration of any statements filed or
oral | 8 | | opinions, suggestions, objections, or inquiries made at the | 9 | | hearing, the
Authority may proceed to adopt the proposed | 10 | | increase
of the rates for toll. No change or alteration in or | 11 | | modification
of the rates for toll shall be effective unless at | 12 | | least 30 days
prior to the effective date of such rates notice | 13 | | thereof
shall be given to
the public by publication in a | 14 | | newspaper of general circulation, and such
notice, or notices, | 15 | | thereof shall be posted and publicly displayed at each
and | 16 | | every toll station upon or along said toll highways.
| 17 | | (d) To construct, at the Authority's discretion, grade | 18 | | separations
at intersections with any railroads, waterways, | 19 | | street railways, streets,
thoroughfares, public roads or | 20 | | highways intersected by the said toll
highways, and to change | 21 | | and adjust the lines and grades thereof so as to
accommodate | 22 | | the same to the design of such grade separation and to
| 23 | | construct interchange improvements. The Authority is | 24 | | authorized to provide
such grade separations or interchange | 25 | | improvements at its own cost or to
enter into contracts or | 26 | | agreements with reference to division of cost
therefor with any |
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| 1 | | municipality or political subdivision of the State of
Illinois, | 2 | | or with the Federal Government, or any agency thereof, or with
| 3 | | any corporation, individual, firm, person or association. | 4 | | Where such
structures have been or will be built by the | 5 | | Authority, the local highway agency or municipality with | 6 | | jurisdiction shall enter into an agreement with the Authority | 7 | | for the ongoing maintenance of the structures. .
| 8 | | (e) To contract with and grant concessions to or lease or | 9 | | license to any
person, partnership, firm, association or | 10 | | corporation so desiring the use
of any part of any toll | 11 | | highways, excluding the paved portion thereof, but
including | 12 | | the right of way adjoining, under, or over said paved portion | 13 | | for
the placing of telephone, telegraph, electric, power lines | 14 | | and other
utilities, and for the placing of pipe lines, and to | 15 | | enter into operating
agreements with or to contract with and | 16 | | grant concessions to or to lease to
any person, partnership, | 17 | | firm, association or corporation so desiring the
use of any | 18 | | part of the toll highways, excluding the paved portion thereof,
| 19 | | but including the right of way adjoining, or over said paved | 20 | | portion for
motor fuel service stations and facilities, | 21 | | garages, stores and
restaurants, or for any other lawful | 22 | | purpose, and to fix the terms,
conditions, rents, rates and | 23 | | charges for such use.
| 24 | | By January 1, 2016, the Authority shall construct and
| 25 | | maintain at least one electric vehicle charging station at any | 26 | | location where the Authority has entered into an agreement with |
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| 1 | | any entity pursuant to this subsection (e) for the purposes of | 2 | | providing motor fuel service stations and facilities, garages, | 3 | | stores, or
restaurants. The Authority shall charge a fee for | 4 | | the use of these charging stations to offset the costs of | 5 | | constructing and maintaining these charging stations. The | 6 | | Authority shall
adopt rules to implement the erection, user | 7 | | fees, and maintenance of electric vehicle charging stations | 8 | | pursuant to this subsection (e). | 9 | | The Authority shall also have power to establish reasonable | 10 | | regulations
for the installation, construction, maintenance, | 11 | | repair, renewal,
relocation and removal of pipes, mains, | 12 | | conduits, cables, wires, towers,
poles and other equipment and | 13 | | appliances (herein called public utilities)
of any public | 14 | | utility as defined in the Public Utilities Act along,
over or | 15 | | under any toll road project. Whenever the Authority shall | 16 | | determine
that it is necessary that any such public utility | 17 | | facilities which now are
located in, on, along, over or under | 18 | | any project or projects be relocated
or removed entirely from | 19 | | any such project or projects, the public utility
owning or | 20 | | operating such facilities shall relocate or remove the same in
| 21 | | accordance with the order of the Authority. All costs and | 22 | | expenses of such
relocation or removal, including the cost of | 23 | | installing such facilities in
a new location or locations, and | 24 | | the cost of any land or lands, or interest
in land, or any | 25 | | other rights required to accomplish such relocation or
removal | 26 | | shall be ascertained and paid by the Authority as a part of the
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| 1 | | cost of any such project or projects, and further, there shall | 2 | | be no rent,
fee or other charge of any kind imposed upon the | 3 | | public utility owning or
operating any facilities ordered | 4 | | relocated on the properties of the said
Authority and the said | 5 | | Authority shall grant to the said public utility
owning or | 6 | | operating said facilities and its successors and assigns the
| 7 | | right to operate the same in the new location or locations for | 8 | | as long a
period and upon the same terms and conditions as it | 9 | | had the right to
maintain and operate such facilities in their | 10 | | former location or locations.
| 11 | | (f) To enter into an intergovernmental agreement or | 12 | | contract with a unit of local government or other
public or | 13 | | private entity for the collection, enforcement, and | 14 | | administration
of tolls,
fees, revenue, and violations , | 15 | | including for a private bridge operator's collection, | 16 | | enforcement, and administration of tolls, violations, fees, | 17 | | fines, charges, and penalties in connection with a bridge | 18 | | authorized under the Toll Bridge Act .
| 19 | | The General Assembly finds that electronic toll collection | 20 | | systems in Illinois should be standardized to promote safety, | 21 | | efficiency, and traveler convenience. The Authority shall | 22 | | cooperate with other public and private entities to further the | 23 | | goal of standardized toll collection in Illinois and is | 24 | | authorized to provide toll collection and toll violation | 25 | | enforcement services to such entities when doing so is in the | 26 | | best interest of the Authority and consistent with its |
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| 1 | | obligations under Section 23 of this Act.
| 2 | | (Source: P.A. 100-71, eff. 1-1-18 .)
| 3 | | Section 15. The Toll Bridge Act is amended by changing | 4 | | Section 7 as follows:
| 5 | | (605 ILCS 115/7) (from Ch. 137, par. 7)
| 6 | | Sec. 7. The county board shall fix the rates of toll, and | 7 | | may from time to
time, alter and change the same, including by | 8 | | establishing a toll rate schedule, setting a maximum toll rate | 9 | | that may be adjusted from time to time, or by establishing | 10 | | another toll rate structure, and in case of the neglect of the | 11 | | owner of
the bridge to keep the same in proper repair and safe | 12 | | for the crossing of
persons and property, may prohibit the | 13 | | taking of toll. | 14 | | The General Assembly finds that electronic toll collection | 15 | | systems in Illinois should be standardized to promote safety, | 16 | | efficiency, and traveler convenience. If electronic toll | 17 | | collection is used on such bridge, the county shall cause the | 18 | | configuration of the electronic toll collection system to be | 19 | | compatible with the electronic toll collection system used by | 20 | | the Illinois State Toll Highway Authority. The municipality or | 21 | | private operator may enter into an intergovernmental agreement | 22 | | with the Illinois State Toll Highway Authority to provide for | 23 | | such compatibility or to have the Authority provide electronic | 24 | | toll collection or toll violation enforcement services. Any |
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| 1 | | toll bridges in Winnebago County that are in operation and | 2 | | collecting tolls on the effective date of this amendatory Act | 3 | | of the 97th General Assembly are exempt from the provisions of | 4 | | the Act.
| 5 | | (Source: P.A. 97-252, eff. 8-4-11.)
| 6 | | Section 20. The Illinois Vehicle Code is amended by adding | 7 | | Sections 3-704.3 and 6-306.8 as follows: | 8 | | (625 ILCS 5/3-704.3 new) | 9 | | Sec. 3-704.3. Failure to satisfy fines or penalties for | 10 | | toll bridge violations; suspension of vehicle registration. | 11 | | (a) Notwithstanding any law to the contrary, upon the | 12 | | Secretary's receipt of a report, as described in subsection | 13 | | (b), from a private tolling authority stating that the owner of | 14 | | a registered vehicle has failed to satisfy any fees, fines, | 15 | | charges, or penalties resulting from a final invoice or notice | 16 | | by the private tolling authority relating directly or | 17 | | indirectly to 5 or more toll violations, the Secretary shall | 18 | | suspend the vehicle registration of the person in accordance | 19 | | with the procedures set forth in this Section. | 20 | | (b) The report from the private tolling authority notifying | 21 | | the Secretary of unsatisfied fees, fines, charges, or penalties | 22 | | may be generated by the private tolling authority and received | 23 | | by the Secretary by automated process. The report shall contain | 24 | | the following: |
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| 1 | | (1) The name, last known address, and driver's license | 2 | | number of the person who failed to satisfy the fees, fines, | 3 | | charges, or penalties, and the registration number of any | 4 | | vehicle known to be registered in this State to that | 5 | | person. | 6 | | (2) A statement that the private tolling authority sent | 7 | | a notice of impending suspension of the person's vehicle | 8 | | registration to the person named in the report at the | 9 | | address recorded with the Secretary; the date on which the | 10 | | notice was sent; and the address to which the notice was | 11 | | sent. | 12 | | (c) Following the Secretary's receipt of a report described | 13 | | in subsection (b), the Secretary shall notify the person whose | 14 | | name appears on the report that the person's vehicle | 15 | | registration will be suspended at the end of a specified period | 16 | | unless the Secretary is presented with a notice from the | 17 | | private tolling authority stating that the fees, fines, | 18 | | charges, or penalties owed to the private tolling authority | 19 | | have been satisfied or that inclusion of that person's name on | 20 | | the report described in subsection (b) was in error. The | 21 | | Secretary's notice shall state in substance the information | 22 | | contained in the private tolling authority's report to the | 23 | | Secretary described in subsection (b), and shall be effective | 24 | | as specified by subsection (c) of Section 6-211. | 25 | | (d) The private tolling authority, after making a report to | 26 | | the Secretary described in subsection (b), shall notify the |
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| 1 | | Secretary, on a form prescribed by the Secretary or by | 2 | | automated process, whenever a person named in the report has | 3 | | satisfied the previously reported fees, fines, charges, or | 4 | | penalties or whenever the private tolling authority determines | 5 | | that the original report was in error. A copy of the | 6 | | notification shall also be given upon request and at no | 7 | | additional charge to the person named therein. Upon receipt of | 8 | | the private tolling authority's notification, the Secretary | 9 | | shall lift the suspension. | 10 | | (e) The private tolling authority shall establish | 11 | | procedures for persons to challenge the accuracy of the report | 12 | | described in subsection (b). The procedures shall provide the | 13 | | grounds for a challenge, which may include: | 14 | | (1) the person not having been the owner or lessee of
| 15 | | the vehicle or vehicles receiving 5 or more toll violations | 16 | | on the date or dates the violations occurred; or | 17 | | (2) the person having already satisfied the fees, | 18 | | fines, charges, or penalties for the 5 or more toll | 19 | | violations indicated on the report described in subsection | 20 | | (b). | 21 | | (f) The Secretary and the Authority may promulgate rules | 22 | | necessary to implement this Section. | 23 | | (g) The Secretary, the Authority, and the private tolling | 24 | | authority shall cooperate with one another in the | 25 | | administration and implementation of this Section. | 26 | | (h) The Secretary shall provide the Authority and the |
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| 1 | | private tolling authority with any information the Authority or | 2 | | the private tolling authority may deem necessary for the | 3 | | purposes of this Section or for the private tolling authority's | 4 | | invoicing, collection, and administrative functions, including | 5 | | regular and timely access to driver's license, vehicle | 6 | | registration, and license plate information, and the | 7 | | Secretary's driver, title, and vehicle record databases. | 8 | | Section 2-123 does not apply to the provision of such | 9 | | information, but the Secretary shall be entitled to | 10 | | reimbursement for its costs in providing such information. | 11 | | (i) The Authority shall provide the Secretary and the | 12 | | private tolling authority with any information the Secretary or | 13 | | the private tolling authority may deem necessary for purposes | 14 | | of this Section or for the private tolling authority's | 15 | | invoicing, collection, and administrative functions, including | 16 | | regular and timely access to toll violation records. | 17 | | (j) As used in this Section: | 18 | | "Authority" means the Illinois State Toll Highway | 19 | | Authority. | 20 | | "Private tolling authority" means the owner, lessee, | 21 | | licensee, or operator of a toll bridge authorized under the | 22 | | Toll Bridge Act. | 23 | | "Secretary" means the Illinois Secretary of State. | 24 | | (625 ILCS 5/6-306.8 new) | 25 | | Sec. 6-306.8. Failure to satisfy fines or penalties for |
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| 1 | | toll bridge violations; suspension of driving privileges. | 2 | | (a) Notwithstanding any law to the contrary, upon the | 3 | | Secretary's receipt of a report, as described in subsection | 4 | | (b), from a private tolling authority stating that the owner of | 5 | | a registered vehicle has failed to satisfy any fees, fines, | 6 | | charges, or penalties resulting from a final invoice or notice | 7 | | by the private tolling authority relating directly or | 8 | | indirectly to 5 or more toll violations, the Secretary shall | 9 | | suspend the driving privileges of the person in accordance with | 10 | | the procedures set forth in this Section. | 11 | | (b) The report from the private tolling authority notifying | 12 | | the Secretary of unsatisfied fees, fines, charges, or penalties | 13 | | may be generated by the private tolling authority and received | 14 | | by the Secretary by automated process. The report shall contain | 15 | | the following: | 16 | | (1) The name, last known address, and driver's license | 17 | | number of the person who failed to satisfy the fees, fines, | 18 | | charges, or penalties, and the registration number of any | 19 | | vehicle known to be registered in this State to that | 20 | | person. | 21 | | (2) A statement that the private tolling authority sent | 22 | | a notice of impending suspension of the person's driver's | 23 | | license to the person named in the report at the address | 24 | | recorded with the Secretary; the date on which the notice | 25 | | was sent; and the address to which the notice was sent. | 26 | | (c) Following the Secretary's receipt of a report described |
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| 1 | | in subsection (b), the Secretary shall notify the person whose | 2 | | name appears on the report that the person's driver's license | 3 | | will be suspended at the end of a specified period unless the | 4 | | Secretary is presented with a notice from the private tolling | 5 | | authority stating that the fees, fines, charges, or penalties | 6 | | owed to the private tolling authority have been satisfied or | 7 | | that inclusion of that person's name on the report described in | 8 | | subsection (b) was in error. The Secretary's notice shall state | 9 | | in substance the information contained in the private tolling | 10 | | authority's report to the Secretary described in subsection | 11 | | (b), and shall be effective as specified by subsection (c) of | 12 | | Section 6-211, except as to those drivers who also have been | 13 | | issued a CDL. If a person also has been issued a CDL, notice of | 14 | | suspension of that person's driver's license must be given in | 15 | | writing by certified mail and is effective on the date listed | 16 | | in the notice of suspension, except that the notice is not | 17 | | effective until 4 days after the date on which the notice was | 18 | | deposited into the United States mail. The notice becomes | 19 | | effective 4 days after its deposit into the United States mail | 20 | | regardless of whether the Secretary of State receives the | 21 | | return receipt and regardless of whether the written | 22 | | notification is returned for any reason to the Secretary of | 23 | | State as undeliverable. | 24 | | (d) The private tolling authority, after making a report to | 25 | | the Secretary described in subsection (b), shall notify the | 26 | | Secretary, on a form prescribed by the Secretary or by |
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| 1 | | automated process, whenever a person named in the report has | 2 | | satisfied the previously reported fees, fines, charges, or | 3 | | penalties or whenever the private tolling authority determines | 4 | | that the original report was in error. A copy of the | 5 | | notification shall also be given upon request and at no | 6 | | additional charge to the person named therein. Upon receipt of | 7 | | the private tolling authority's notification, the Secretary | 8 | | shall lift the suspension. | 9 | | (e) The private tolling authority shall establish | 10 | | procedures for persons to challenge the accuracy of the report | 11 | | described in subsection (b). The procedures shall provide the | 12 | | grounds for a challenge, which may include: | 13 | | (1) the person not having been the owner or lessee of | 14 | | the vehicle or vehicles receiving 5 or more toll violations | 15 | | on the date or dates the violations occurred; or | 16 | | (2) the person having already satisfied the fees, | 17 | | fines, charges, or penalties for the 5 or more toll | 18 | | violations indicated on the report described in subsection | 19 | | (b). | 20 | | (f) The Secretary and the Authority may promulgate rules | 21 | | necessary to implement this Section. | 22 | | (g) The Secretary, the Authority, and the private tolling | 23 | | authority shall cooperate with one another in the | 24 | | administration and implementation of this Section. | 25 | | (h) The Secretary shall provide the Authority and the | 26 | | private tolling authority with any information the Authority or |
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| 1 | | the private tolling authority may deem necessary for purposes | 2 | | of this Section or for the private tolling authority's | 3 | | invoicing, collection, and administrative functions, including | 4 | | regular and timely access to driver's license, vehicle | 5 | | registration, and license plate information, and the | 6 | | Secretary's driver, title, and vehicle record databases. | 7 | | Section 2-123 does not apply to the provision of such | 8 | | information, but the Secretary shall be entitled to | 9 | | reimbursement for its costs in providing such information. | 10 | | (i) The Authority shall provide the Secretary and the | 11 | | private tolling authority with any information the Secretary or | 12 | | the private tolling authority may deem necessary for purposes | 13 | | of this Section or for the private tolling authority's | 14 | | invoicing, collection, and administrative functions, including | 15 | | regular and timely access to toll violation records. | 16 | | (j) As used in this Section: | 17 | | "Authority" means the Illinois State Toll Highway | 18 | | Authority. | 19 | | "Private tolling authority" means the owner, lessee, | 20 | | licensee, or operator of a toll bridge authorized under the | 21 | | Toll Bridge Act. | 22 | | "Secretary" means the Illinois Secretary of State.
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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