Full Text of SB3796 102nd General Assembly
SB3796 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3796 Introduced 1/21/2022, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: |
| 605 ILCS 10/4 | from Ch. 121, par. 100-4 | 605 ILCS 10/6 | from Ch. 121, par. 100-6 | 605 ILCS 10/7.2 new | | 605 ILCS 10/8 | from Ch. 121, par. 100-8 |
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Amends the Toll Highway Act. Removes language authorizing the chairman to exercise general supervision over all powers, duties, obligations and functions of the Toll Highway Authority. Provides that the directors shall appoint agents or employees as they consider necessary or desirable. Provides that such agents or employees, other than technical or engineering employees, shall be subject to the Personnel Code. Provides that the Governor, with the advice and consent of the Senate, shall appoint from the State at large an Executive Director to the Toll Highway Authority to serve as the chief executive officer of the Board of Directors. Provides that the Board shall employ and fix the compensation of the Executive Director. Removes language permitting the Toll Highway Authority to appoint assistant attorneys who shall be under the control, direction, and supervision of the Attorney General. Removes language permitting the Authority to retain special counsel and fix their compensation, provided they are subject to the control, direction, and supervision of the Attorney General.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Toll Highway Act is amended by changing | 5 | | Sections 4, 6, and 8 and by adding Section 7.2 as follows:
| 6 | | (605 ILCS 10/4) (from Ch. 121, par. 100-4)
| 7 | | Sec. 4.
Of the directors appointed by the Governor, one | 8 | | such director
shall be appointed by the Governor as chairman | 9 | | and shall hold office for
4 years from the date of his | 10 | | appointment, and until his successor shall
be duly appointed | 11 | | and qualified, but shall be subject to removal by the
Governor | 12 | | for incompetency, neglect of duty or malfeasance. The term of | 13 | | the initial chairman appointed under this amendatory Act of | 14 | | the 100th General Assembly shall end March 1, 2021 and the | 15 | | chairman shall serve until his or her successor is duly | 16 | | appointed and qualified.
| 17 | | The chairman shall preside at all meetings of the Board of | 18 | | Directors
of the Authority ; shall exercise general supervision | 19 | | over all powers,
duties, obligations and functions of the | 20 | | Authority; and shall approve or
disapprove all resolutions, | 21 | | by-laws, rules, rates and regulations made
and established by | 22 | | the Board of Directors, and if he shall approve
thereof, he | 23 | | shall sign the same, and such as he shall not approve he
shall |
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| 1 | | return to the Board of Directors with his objections thereto | 2 | | in
writing at the next regular meeting of the Board of | 3 | | Directors occurring
after the passage thereof. Such veto may | 4 | | extend to any one or more items
contained in such resolution, | 5 | | by-law, rule, rate or regulation, or to
its entirety; and in | 6 | | case the veto extends to a part of such resolution,
by-law, | 7 | | rule, rate or regulation, the residue thereof shall take | 8 | | effect
and be in force, but in case the chairman shall fail to | 9 | | return any
resolution, by-law, rule, rate or regulation with | 10 | | his objections thereto
by the time aforesaid, he shall be | 11 | | deemed to have approved the same, and
the same shall take | 12 | | effect accordingly. Upon the return of any
resolution, by-law, | 13 | | rule, rate or regulation by the chairman, the vote
by which the | 14 | | same was passed shall be reconsidered by the Board of
| 15 | | Directors, and if upon such reconsideration two-thirds of all | 16 | | the
Directors agree by yeas and nays to pass the same, it shall | 17 | | go into
effect notwithstanding the chairman's refusal to | 18 | | approve thereof. The process of approving or disapproving all | 19 | | resolutions, by-laws, rules, rates and regulations, as well as | 20 | | the ability of the Board of Directors to override the | 21 | | disapproval of the chairman, under this Section shall be set | 22 | | forth in the Authority's by-laws. Nothing in the Authority's | 23 | | by-laws, rules, or regulations may be contrary to this | 24 | | Section.
| 25 | | The chairman shall receive a salary of $18,000 per annum, | 26 | | or as set by
the Compensation Review Board, whichever is |
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| 1 | | greater, payable in
monthly installments, together with | 2 | | reimbursement for necessary expenses
incurred in the | 3 | | performance of his duties. The chairman shall be
eligible for | 4 | | reappointment.
| 5 | | (Source: P.A. 100-1180, eff. 2-28-19.)
| 6 | | (605 ILCS 10/6) (from Ch. 121, par. 100-6)
| 7 | | Sec. 6.
Immediately after such appointment and | 8 | | qualification as
hereinafter provided said chairman and | 9 | | directors shall enter upon their
duties. The directors shall | 10 | | biennially select a secretary, who may or
may not be a | 11 | | director, and if not a director fix his compensation. The | 12 | | directors shall also appoint other agents or employees as they | 13 | | consider necessary or desirable. Such agents or employees, | 14 | | other than technical or engineering employees, shall be | 15 | | subject to the Personnel Code. Six
directors shall constitute | 16 | | a quorum. No vacancy in the said Board of
Directors shall | 17 | | impair the right of a quorum of the directors to
exercise all | 18 | | the rights and perform all the duties of the Authority.
| 19 | | (Source: P.A. 81-1363.)
| 20 | | (605 ILCS 10/7.2 new) | 21 | | Sec. 7.2. Toll Highway Executive Director. The Governor, | 22 | | with the advice and consent of the Senate, shall appoint from | 23 | | the State at large an Executive Director to the Authority to | 24 | | serve as the chief executive officer of the Board of |
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| 1 | | Directors. The Board shall employ and fix the compensation of | 2 | | the Executive Director.
| 3 | | (605 ILCS 10/8) (from Ch. 121, par. 100-8)
| 4 | | Sec. 8. The Authority shall have the power:
| 5 | | (a) To acquire, own, use, hire, lease, operate and dispose | 6 | | of
personal property, real property (except with respect to | 7 | | the headquarters
building and surrounding land of the | 8 | | Authority located at 2700 Ogden Avenue,
Downers Grove, | 9 | | Illinois, which may be sold or mortgaged only as provided in
| 10 | | Section 7.5
of the State Property Control Act
to the extent | 11 | | that such property is subject to the State Property Control
| 12 | | Act at the time
of the proposed sale), any interest therein, | 13 | | including
rights-of-way, franchises and easements.
| 14 | | (b) To enter into all contracts and agreements necessary | 15 | | or
incidental to the performance of its powers under this Act. | 16 | | All
employment contracts let under this Act shall be in | 17 | | conformity with the
applicable provisions of "An Act | 18 | | regulating wages of laborers, mechanics
and other workers | 19 | | employed under contracts for public works," approved
June 26, | 20 | | 1941, as amended.
| 21 | | (c) To employ and discharge, without regard to the | 22 | | requirements of
any civil service or personnel act, such | 23 | | administrative, engineering,
traffic, architectural, | 24 | | construction, and financial experts, and
inspectors, and such | 25 | | other employees, as are necessary in the
Authority's judgment |
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| 1 | | to carry out the purposes of this Act; and to
establish and | 2 | | administer standards of classification of all of such
persons | 3 | | with respect to their compensation, duties, performance, and
| 4 | | tenure; and to enter into contracts of employment with such | 5 | | persons for
such periods and on such terms as the Authority | 6 | | deems desirable.
| 7 | | (d) (Blank). To appoint by and with the consent of the | 8 | | Attorney General,
assistant attorneys for such Authority, | 9 | | which said assistant attorneys
shall be under the control, | 10 | | direction and supervision of the Attorney
General and shall | 11 | | serve at his pleasure.
| 12 | | (e) (Blank). To retain special counsel, subject to the | 13 | | approval of the
Attorney General, as needed from time to time, | 14 | | and fix their
compensation, provided however, such special | 15 | | counsel shall be
subject
to
the control, direction and | 16 | | supervision of the Attorney General and shall
serve at his | 17 | | pleasure.
| 18 | | (f) To acquire, construct, relocate, operate, regulate and | 19 | | maintain
a system of toll highways through and within the | 20 | | State of Illinois.
However, the Authority does not have the | 21 | | power to acquire, operate,
regulate or maintain any system of | 22 | | toll highways or toll bridges or
portions of them (including | 23 | | but not limited to any system organized
pursuant to Division | 24 | | 108 of Article 11 of the Illinois Municipal Code)
in the event | 25 | | either of the following conditions exists at the time the
| 26 | | proposed acquisition, operation, regulation or maintenance of |
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| 1 | | such
system is to become effective:
| 2 | | (1) the principal or interest on bonds or other | 3 | | instruments
evidencing indebtedness of the system are in | 4 | | default; or
| 5 | | (2) the principal or interest on bonds or other | 6 | | instruments
evidencing indebtedness of the system have been in | 7 | | default at any time
during the 5 year period prior to the | 8 | | proposed acquisition.
| 9 | | To facilitate such construction, operation
and maintenance | 10 | | and subject to the approval of the Division of Highways
of the | 11 | | Department of Transportation, the Authority shall have the | 12 | | full
use and advantage of the engineering staff and facilities | 13 | | of the
Department.
| 14 | | (Source: P.A. 93-19, eff. 6-20-03.)
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