Full Text of SB1964 94th General Assembly
SB1964enr 94TH GENERAL ASSEMBLY
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| AN ACT in relation to 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 |
| Sections 10, 11,
17, 23, and 27.1 and by adding Sections 16.2, | 6 |
| 16.3, and 27.2 as
follows:
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| (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 | 10 |
| regulations for the
management, regulation and control of its | 11 |
| affairs, and to fix tolls, and to
make, enact and enforce all | 12 |
| needful rules and regulations in connection
with the | 13 |
| 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 | 17 |
| vehicle's operation on
a toll highway without the required toll | 18 |
| having been paid.
The Authority may
establish by rule a system | 19 |
| of civil administrative adjudication to adjudicate
only | 20 |
| alleged
instances of a vehicle's operation on a toll highway | 21 |
| without the required toll
having been paid, as detected by the | 22 |
| Authority's video or photo
surveillance system.
In cases in | 23 |
| which the operator of the vehicle is not the registered
vehicle | 24 |
| owner, the establishment of
ownership of the vehicle creates a | 25 |
| rebuttable presumption that the vehicle was
being operated by | 26 |
| an agent
of the registered vehicle owner. If the registered | 27 |
| vehicle owner liable for a
violation under this Section was
not | 28 |
| the operator of the vehicle at the time of the violation, the | 29 |
| owner may
maintain an action for
indemnification against the | 30 |
| operator in the circuit court.
Rules establishing a system of | 31 |
| civil administrative
adjudication must
provide for written | 32 |
| notice ,
by first class mail or other means provided by law, to |
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| the address of the
registered owner of the cited
vehicle as | 2 |
| recorded with the Secretary of State or to the lessee of the | 3 |
| cited
vehicle at the last address known
to the lessor of the | 4 |
| cited vehicle at the time of the lease,
of the
alleged | 5 |
| 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 | 7 |
| telephone
number to receive inquiries concerning alleged | 8 |
| violations.
The notice shall also inform the registered vehicle | 9 |
| owner that failure to
contest in the manner and time
provided | 10 |
| shall be deemed an admission of liability and that a final | 11 |
| 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 | 13 |
| preparation, certification, affirmation, or
mailing of the | 14 |
| notice. A notice of violation, sworn or affirmed to or | 15 |
| certified
by a duly authorized agent of
the Authority, or a | 16 |
| facsimile of the notice, based upon an inspection of
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| photographs, microphotographs,
videotape, or other recorded | 18 |
| images produced
by a video or photo surveillance system, shall | 19 |
| be admitted as
prima facie evidence of the correctness of the | 20 |
| facts contained in the notice or
facsimile.
Only civil fines ,
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| along with the corresponding outstanding toll, and costs
may be | 22 |
| imposed by
administrative adjudication. A fine may be imposed | 23 |
| under this paragraph only
if a violation is established by a | 24 |
| preponderance of the evidence. Judicial
review of all final | 25 |
| orders of the Authority under this paragraph shall be
conducted | 26 |
| in the circuit court of the county in which the administrative | 27 |
| decision was rendered in accordance with the Administrative | 28 |
| Review Law.
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| Any outstanding toll, fine, additional late payment fine, | 30 |
| other
sanction,
or costs imposed, or part of any fine, other | 31 |
| sanction, or costs imposed, remaining unpaid after the | 32 |
| exhaustion of, or the failure to
exhaust, judicial review | 33 |
| procedures under the Administrative Review
Law are a debt due | 34 |
| and owing
the Authority and may be collected in accordance
with | 35 |
| applicable law. After expiration of the period in
which | 36 |
| judicial review under the Administrative Review Law may be
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| sought,
unless stayed by a court of competent jurisdiction, a | 2 |
| final order of
the Authority under this subsection (a-5)
may be | 3 |
| enforced in
the same manner as a judgment entered by a court of | 4 |
| competent jurisdiction.
Notwithstanding any other provision of | 5 |
| this Act, the Authority may, with the approval of the Attorney | 6 |
| General, retain a law firm or law firms with expertise in the | 7 |
| collection of government fines and debts for the purpose of | 8 |
| collecting fines, costs, and other moneys due under this | 9 |
| subsection (a-5).
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| A system of civil administrative adjudication may also | 11 |
| provide for a
program of vehicle
immobilization, tow, or | 12 |
| impoundment for the purpose of facilitating
enforcement of any | 13 |
| final order or orders of
the Authority under this subsection | 14 |
| (a-5) that result in a finding or liability for 5 or more | 15 |
| violations after
expiration of the period in which judicial | 16 |
| review under the Administrative Review Law may be sought. The | 17 |
| registered vehicle owner of a
vehicle immobilized, towed,
or | 18 |
| impounded for nonpayment of a final order
of the Authority | 19 |
| under this subsection (a-5) shall have the right
to request a | 20 |
| hearing before the Authority's civil administrative | 21 |
| adjudicatory
system to challenge the validity
of the | 22 |
| immobilization, tow, or impoundment.
This hearing, however, | 23 |
| shall not constitute a
readjudication of the merits of | 24 |
| previously adjudicated notices.
Judicial review of all final | 25 |
| orders of the
Authority under this subsection (a-5) shall be | 26 |
| conducted
in the circuit court of the county in which the | 27 |
| administrative decision was rendered in accordance with the | 28 |
| Administrative Review Law. | 29 |
| No commercial entity that is the lessor of a vehicle under | 30 |
| a written lease agreement shall be liable for an administrative | 31 |
| notice of violation for toll evasion issued under this | 32 |
| subsection (a-5) involving that vehicle during the period of | 33 |
| the lease if the lessor provides a copy of the leasing | 34 |
| agreement to the Authority within 21 days of the issue date on | 35 |
| the notice of violation. The leasing agreement also must | 36 |
| contain a provision or addendum informing the lessee that the |
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| lessee is liable for payment of all tolls and any fines for | 2 |
| toll evasion. Each entity must also post a sign at the leasing | 3 |
| counter notifying the lessee of that liability. The copy of the | 4 |
| leasing agreement provided to the Authority must contain the | 5 |
| name, address, and driver's license number of the lessee, as | 6 |
| well as the check-out and return dates and times of the vehicle | 7 |
| and the vehicle license plate number and vehicle make and | 8 |
| model. | 9 |
| As used in this subsection (a-5), "lessor" includes | 10 |
| commercial leasing and rental entities but does not include | 11 |
| 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 | 18 |
| the full percentage amounts listed in this paragraph
remaining | 19 |
| due on the notice of violation or final order of the
hearing | 20 |
| officer and the full fees and costs paid by the Authority to | 21 |
| the Secretary of State relating to suspension proceedings, if | 22 |
| applicable, on or before 5:00 p.m., Central Standard Time,
of | 23 |
| the 60th day after the effective date of this amendatory Act
of | 24 |
| 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 | 28 |
| by the Authority to the Secretary of State relating to | 29 |
| suspension proceedings, if applicable. The payment percentage | 30 |
| scale
shall be as follows: a person with 25 or fewer violations | 31 |
| shall
be eligible for amnesty upon payment of 50% of the | 32 |
| original
fine amount and the outstanding tolls; a person with | 33 |
| more than
25 but fewer than 51 violations shall be eligible for | 34 |
| 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 | 12 |
| paid by the Authority to the Secretary of State relating to | 13 |
| suspension proceedings, if applicable, must be paid in full by | 14 |
| 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 | 30 |
| consultation with the Attorney
General, is further authorized | 31 |
| to settle an administrative fine or
penalty if it determines | 32 |
| that settling for less than the full amount
is in the best | 33 |
| interests of the Authority after taking into account
the | 34 |
| following factors:
(1) the merits of the Authority's claim | 35 |
| against the respondent;
(2) the amount that can be collected | 36 |
| relative to the
administrative fine or penalty owed by the |
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| respondent;
(3) the cost of pursuing further enforcement or | 2 |
| collection
action against the respondent;
(4) the likelihood of | 3 |
| collecting the full amount owed; and
(5) the burden on the | 4 |
| judiciary.
The provisions in this Section may be extended to | 5 |
| other
toll facilities in the State of Illinois through a duly
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| executed agreement between the Authority and
the operator of | 7 |
| the toll facility.
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| (b) To prescribe rules and regulations applicable to | 9 |
| traffic on highways
under the jurisdiction of the Authority, | 10 |
| concerning:
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| (1) Types of vehicles permitted to use such highways or | 12 |
| parts thereof,
and classification of such vehicles;
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| (2) Designation of the lanes of traffic to be used by | 14 |
| the different
types of vehicles permitted upon said | 15 |
| 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 | 18 |
| traffic control
signals;
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| (5) Control or prohibition of processions, convoys, | 20 |
| and assemblages of
vehicles and persons;
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| (6) Movement of traffic in one direction only on | 22 |
| designated portions of
said highways;
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| (7) Control of the access, entrance, and exit of | 24 |
| vehicles and persons to
and from said highways; and
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| (8) Preparation, location and installation of all | 26 |
| traffic signs;
and to prescribe further rules and | 27 |
| regulations applicable to such traffic,
concerning matters | 28 |
| not provided for either in the foregoing enumeration or
in | 29 |
| the Illinois Vehicle Code. Notice of such rules and | 30 |
| regulations
shall be posted conspicuously and displayed at | 31 |
| appropriate points and at
reasonable intervals along said | 32 |
| highways, by clearly legible markers or
signs, to provide | 33 |
| notice of the existence of such rules and regulations to
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| persons traveling on said highways. At each toll station, | 35 |
| the Authority
shall make available, free of charge, | 36 |
| pamphlets containing all of such
rules and regulations.
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| (c) The Authority, in fixing the rate for tolls for the | 2 |
| privilege of
using the said toll highways, is authorized and | 3 |
| directed, in fixing such
rates, to base the same upon annual | 4 |
| estimates to be made, recorded and
filed with the Authority. | 5 |
| Said estimates shall include the following: The
estimated total | 6 |
| amount of the use of the toll highways; the estimated
amount of | 7 |
| 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 | 9 |
| pay the
expense of maintaining and operating said toll | 10 |
| highways, including the
administrative expenses of the | 11 |
| Authority, and to discharge all obligations
of the Authority as | 12 |
| they become due and payable.
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| (d) To accept from any municipality or political | 14 |
| subdivision any lands,
easements or rights in land needed for | 15 |
| the operation, construction,
relocation or maintenance of any | 16 |
| toll highways, with or without payment
therefor, and in its | 17 |
| discretion to reimburse any such municipality or
political | 18 |
| subdivision out of its funds for any cost or expense incurred | 19 |
| in
the acquisition of land, easements or rights in land, in | 20 |
| connection with
the construction and relocation of the said | 21 |
| toll highways, widening,
extending roads, streets or avenues in | 22 |
| connection therewith, or for the
construction of any roads or | 23 |
| streets forming extension to and connections
with or between | 24 |
| any toll highways, or for the cost or expense of widening,
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| grading, surfacing or improving any existing streets or roads | 26 |
| or the
construction of any streets and roads forming extensions | 27 |
| of or connections
with any toll highways constructed, | 28 |
| relocated, operated, maintained or
regulated hereunder by the | 29 |
| Authority. Where property owned by a
municipality or political | 30 |
| subdivision is necessary to the construction of
an approved | 31 |
| toll highway, if the Authority cannot reach an agreement with
| 32 |
| such municipality or political subdivision and if the use to | 33 |
| which the
property is being put in the hands of the | 34 |
| municipality or political
subdivision is not essential to the | 35 |
| existence or the administration of such
municipality or | 36 |
| political subdivision, the Authority may acquire the
property |
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| by condemnation.
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| (Source: P.A. 89-120, eff. 7-7-95.)
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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 | 6 |
| for the
purpose of making surveys, soundings, drillings and | 7 |
| examinations as may be
necessary, expedient or convenient for | 8 |
| the purposes of this Act, and such
entry shall not be deemed to | 9 |
| be a trespass, nor shall an entry for such
purpose be deemed an | 10 |
| entry under any condemnation proceedings which may be
then | 11 |
| pending; provided, however, that the Authority shall make
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| reimbursement for any actual damage resulting to such lands, | 13 |
| waters and
premises as the result of such activities.
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| (b) To construct, maintain and operate stations for the | 15 |
| collection of
tolls or charges upon and along any toll | 16 |
| highways.
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| (c) To provide for the collection of tolls and charges for | 18 |
| the privilege
of using the said toll highways.
Before it adopts | 19 |
| an increase in the
rates for toll, the Authority shall hold a | 20 |
| public
hearing at which any person may appear, express | 21 |
| opinions, suggestions, or
objections, or direct inquiries | 22 |
| relating to the proposed increase.
Any person may submit a | 23 |
| written statement to the Authority at
the hearing, whether | 24 |
| appearing in person or not. The hearing shall be held in
the | 25 |
| county in which the proposed
increase of the rates is to take | 26 |
| place. The
Authority shall give notice of the hearing by | 27 |
| advertisement on
3 successive days at least 15 days prior to | 28 |
| the date of the hearing in a daily
newspaper of general | 29 |
| circulation within the county within which the
hearing is held.
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| The notice shall state the date, time, and place of the | 31 |
| hearing, shall contain
a description of the proposed increase, | 32 |
| and shall
specify how interested persons may obtain copies of | 33 |
| any reports, resolutions,
or certificates describing the basis | 34 |
| on which the proposed change, alteration,
or modification was | 35 |
| calculated. After consideration of any statements filed or
oral |
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| opinions, suggestions, objections, or inquiries made at the | 2 |
| hearing, the
Authority may proceed to adopt the proposed | 3 |
| increase
of the rates for toll. No change or alteration in or | 4 |
| modification
of the rates for toll shall be effective unless at | 5 |
| least 30 days
prior to the effective date of such rates notice | 6 |
| thereof
shall be given to
the public by publication in a | 7 |
| newspaper of general circulation, and such
notice, or notices, | 8 |
| thereof shall be posted and publicly displayed at each
and | 9 |
| every toll station upon or along said 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
| 22 |
| 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,
| 2 |
| 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.
| 7 |
| 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.
| 35 |
| (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.
| 3 |
| (Source: P.A. 90-681, eff. 7-31-98.)
| 4 |
| (605 ILCS 10/16.2 new)
| 5 |
| Sec. 16.2. Financial benefit prohibited.
| 6 |
| (a) A director, employee, or agent of the Authority may not | 7 |
| receive
a financial benefit from a contract let by the | 8 |
| Authority during his or
her term of service with the Authority | 9 |
| and for a period of one year following
the termination of his | 10 |
| or her term of service as a director of the Authority
or as an | 11 |
| employee or agent of the Authority.
| 12 |
| (b) A member of the immediate family or household of a | 13 |
| director, employee,
or agent of the Authority may not receive a | 14 |
| financial benefit from a contract
let by the Authority during | 15 |
| the immediate family or household member's term
of service with | 16 |
| the Authority and for a period of one year following the
| 17 |
| termination of the immediate family or household member's term | 18 |
| of service as
a director of the Authority or as an employee or | 19 |
| agent of the Authority.
| 20 |
| (c) A director, employee, or agent of the Authority may not | 21 |
| use material
non-public information for personal financial | 22 |
| gain nor may he or she disclose
that information to any other | 23 |
| person for that person's personal financial gain
when that | 24 |
| information was obtained as a result of his or her | 25 |
| directorship,
employment, or agency with the Authority.
| 26 |
| (d) A member of the immediate family or household of a | 27 |
| director, employee,
or agent of the Authority may not use | 28 |
| material non-public information for
personal financial gain | 29 |
| nor may he or she disclose that information to any
other person | 30 |
| for that person's personal financial gain when that information
| 31 |
| was obtained as a result of his or her immediate family or | 32 |
| household member's
directorship, employment, or agency with | 33 |
| the Authority.
| 34 |
| (e) For purposes of this Section, "immediate family or | 35 |
| household member"
means the spouse, child, parent, brother, |
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| sister, grandparent, or grandchild,
whether of the whole blood | 2 |
| or half blood or by adoption, or a person who shares
a common | 3 |
| dwelling with a director of the Authority or with an employee | 4 |
| or agent
of the Authority.
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| (605 ILCS 10/16.3 new)
| 6 |
| Sec. 16.3. Consistent with general law, the Authority | 7 |
| shall: | 8 |
| (a) set goals for the award of contracts to disadvantaged | 9 |
| businesses and attempt to meet the goals; | 10 |
| (b) attempt to identify disadvantaged businesses that | 11 |
| provide or have the potential to provide supplies, materials, | 12 |
| equipment, or services to the Authority; | 13 |
| (c) give disadvantaged businesses full access to the | 14 |
| Authority's contact bidding process, inform the businesses | 15 |
| about the process, offer the businesses assistance concerning | 16 |
| the process, and identify and take all reasonable steps to | 17 |
| remove barriers to the businesses' participation in the | 18 |
| process.
| 19 |
| (605 ILCS 10/23) (from Ch. 121, par. 100-23)
| 20 |
| Sec. 23. Legislative declaration; Authority budget.
| 21 |
| (a) It is hereby declared, as a matter of legislative | 22 |
| determination, that it is in the best interest of the State of | 23 |
| Illinois, the public, and the holders of Authority bonds that | 24 |
| Authority funds be expended only on goods and services that | 25 |
| protect and enhance the efficiency, safety, and environmental | 26 |
| quality of the toll highway system. | 27 |
| (b) The Authority shall spend moneys received from the | 28 |
| issuance of bonds and as tolls or otherwise in the operation of | 29 |
| the toll highway system only on the following: | 30 |
| (1) operations and maintenance expenditures that are | 31 |
| reasonable and necessary to keep the toll highway system in | 32 |
| a state of good repair in accordance with contemporary | 33 |
| highway safety and maintenance standards; | 34 |
| (2) principal and interest payments and payment of |
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| 1 |
| other obligations the Authority has incurred in connection | 2 |
| with bonds issued under this Act; | 3 |
| (3) renewal and replacement expenditures necessary and | 4 |
| sufficient to protect and preserve the long-term | 5 |
| structural integrity of the toll highway system; and | 6 |
| (4) system improvement expenditures necessary and | 7 |
| sufficient to improve and expand the toll highway system, | 8 |
| subject to the requirements of this Act. | 9 |
| (c) Any moneys remaining after the expenditures listed in | 10 |
| subsection (b) may be spent only for reasonable and necessary | 11 |
| Authority purposes that will enhance the safety, efficiency, | 12 |
| and environmental quality of the toll highway system in a | 13 |
| cost-effective manner. Authority funds may not be spent for | 14 |
| purposes not reasonably related to toll highway operations and | 15 |
| improvements or in a manner that is not cost-effective. | 16 |
| (d) The Authority must at all times maintain a reserve for | 17 |
| maintenance and operating expenses that is no more than 130% of | 18 |
| the operating expenses it has budgeted for its current fiscal | 19 |
| year, unless the requirements of any bond resolution or trust | 20 |
| indenture then securing obligations of the Authority mandate a | 21 |
| greater amount.
| 22 |
| (e) The Authority shall file with the Governor, the Clerk | 23 |
| of the House
of Representatives, the Secretary of the Senate, | 24 |
| and the Commission on Government Forecasting and | 25 |
| Accountability, on or prior to March 15th of each year, a | 26 |
| written
statement and report covering its activities for the | 27 |
| preceding calendar
year. The Authority shall present, to the | 28 |
| committees of the House
of Representatives designated by the | 29 |
| Speaker of the House and to the committees
of the Senate | 30 |
| designated by the President of the Senate, an annual report
| 31 |
| outlining its planned
revenues and expenditures. The Authority | 32 |
| shall prepare an annual capital
plan which identifies
capital | 33 |
| projects by location and details the project costs in correct
| 34 |
| dollar amounts. The Authority shall also prepare and file a | 35 |
| ten-year
capital plan that includes a listing of all capital | 36 |
| improvement projects
contemplated during the ensuing ten-year |
|
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| period. The first ten-year
capital plan shall be filed in 1991 | 2 |
| and thereafter on the anniversary of
each ten-year period.
| 3 |
| (f) It shall also be the duty of the Auditor General of the | 4 |
| State of
Illinois, annually to audit or cause to be audited the | 5 |
| books and records of
the Authority and to file a certified copy | 6 |
| of the report of such audit with
the Governor and with the | 7 |
| Legislative Audit Commission, which audit
reports, when so | 8 |
| filed, shall be open to the public for inspection. | 9 |
| (g) The Authority shall hold a public hearing on its | 10 |
| proposed annual budget, not less than 15 days before its | 11 |
| directors meet to consider adoption of the annual budget, at | 12 |
| which any person may appear, express opinions, suggestions, or | 13 |
| objections, or direct inquiries relating to the proposed | 14 |
| budget. The Authority must give notice of the hearing at least | 15 |
| 15 days prior to the hearing stating the time, place, and | 16 |
| purpose of the hearing in a daily newspaper of general | 17 |
| circulation throughout the Authority's service area and by | 18 |
| posting the meeting notice and a copy of the proposed budget on | 19 |
| the Authority's website. The proceedings at the hearing shall | 20 |
| be transcribed. The transcript shall be made available at | 21 |
| reasonable hours for public inspection, and a copy of the | 22 |
| transcript, together with a copy of all written statements | 23 |
| submitted at the hearing, shall be submitted to the directors | 24 |
| before the vote on adoption of the proposed annual budget. | 25 |
| (h) The Authority shall post on its website copies of its | 26 |
| annual report and its budget for the current year, along with | 27 |
| any other financial information necessary to adequately inform | 28 |
| the public of the Authority's financial condition and capital | 29 |
| plan. | 30 |
| (i) The requirements set forth in subsections (b) through | 31 |
| (g) may not be construed or applied in a manner that impairs | 32 |
| the rights of bondholders under any bond resolution or trust | 33 |
| indenture entered into in accordance with a bond resolution | 34 |
| authorized by the Authority's directors, nor may those | 35 |
| requirements be construed as a limitation on the Authority's | 36 |
| powers as set forth elsewhere in this Act.
|
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| (Source: P.A. 93-1067, eff. 1-15-05.)
| 2 |
| (605 ILCS 10/27.1) (from Ch. 121, par. 100-27.1)
| 3 |
| Sec. 27.1. Any person who shall use any spurious or | 4 |
| counterfeit tickets,
coupons or tokens in payment of any toll | 5 |
| required to be paid by the
Authority under the provisions of | 6 |
| this Act, or who shall attempt to use the
highway without | 7 |
| payment of the tolls prescribed by the Authority, shall be
| 8 |
| deemed guilty of a petty offense and shall be fined not less | 9 |
| than $5 nor
more than $100 for each such offense.
The fine | 10 |
| range set forth in this Section for prosecution of toll evasion | 11 |
| as a
petty offense shall not apply to
toll evasion offenses | 12 |
| that are adjudicated in the Authority's administration
system. | 13 |
| The provisions in this Section may be extended to other | 14 |
| public toll facilities in this State through a duly executed | 15 |
| intergovernmental agreement between the Authority and another | 16 |
| public body
Each day any toll highway is used by
any person in | 17 |
| violation of this Act shall constitute a separate offense .
| 18 |
| (Source: P.A. 77-2239.)
| 19 |
| (605 ILCS 10/27.2 new)
| 20 |
| Sec. 27.2. Obstruction of registration plate visibility to | 21 |
| electronic image recording. | 22 |
| (a) A person may not operate on a toll highway any motor | 23 |
| vehicle that is equipped with tinted plastic or tinted glass | 24 |
| registration plate covers or any covers, coating, wrappings, | 25 |
| materials, streaking, distorting, holographic, reflective, or | 26 |
| other devices that obstruct the visibility or electronic image | 27 |
| recording of the plate. This subsection (a) shall not apply to | 28 |
| automatic vehicle identification transponder devices, cards or | 29 |
| chips issued by a governmental body or authorized by a | 30 |
| governmental body for the purpose of electronic payment of | 31 |
| tolls or other authorized payments, the exemption of which | 32 |
| shall preempt any local legislation to the contrary. | 33 |
| (b) If a State or local law enforcement officer having | 34 |
| jurisdiction observes that a cover or other device or material |
|
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| or substance is obstructing
the visibility or electronic image | 2 |
| recording of the plate, the officer shall issue a Uniform | 3 |
| Traffic Citation and shall confiscate the cover or other device | 4 |
| that obstructs the visibility or electronic image recording of | 5 |
| the plate. If the State or local law enforcement officer having | 6 |
| jurisdiction observes that the plate itself has been physically | 7 |
| treated with a substance or material that is obstructing the | 8 |
| visibility or electronic image recording of the plate, the | 9 |
| officer shall issue a Uniform Traffic Citation and shall | 10 |
| confiscate the plate. The Secretary of State shall revoke the | 11 |
| registration of any plate that has been found by a court or | 12 |
| administrative tribunal to have been physically altered with | 13 |
| any chemical or reflective substance or coating that obstructs | 14 |
| the visibility or electronic image recording of the plate. A | 15 |
| fine of $750 shall be imposed in any instance where a plate | 16 |
| cover obstructs the visibility or electronic image recording of | 17 |
| the plate. A fine of $1,000 shall be imposed where a plate has | 18 |
| been physically altered with any chemical or reflective | 19 |
| substance or coating that obstructs the visibility or | 20 |
| electronic image recording of the plate. | 21 |
| (c) The Illinois Attorney General may file suit against any | 22 |
| individual or entity offering or marketing the sale, including | 23 |
| via the Internet, of any product advertised as having the | 24 |
| capacity to obstruct the visibility or electronic image | 25 |
| recording of a license plate. In addition to injunctive and | 26 |
| monetary relief, punitive damages, and attorneys fees, the suit | 27 |
| shall also seek a full accounting of the records of all sales | 28 |
| to residents of or entities within the State of Illinois. | 29 |
| (d) The provisions in this Section may be extended to other | 30 |
| public toll facilities in the State of Illinois through a duly | 31 |
| executed intergovernmental agreement between the Authority and | 32 |
| another public body.
| 33 |
| Section 99. Effective date. This Act takes effect upon | 34 |
| becoming law. |
|