Full Text of SB3085 93rd General Assembly
SB3085eng 93RD 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, and 27.1
and by adding Sections 8.1, 16.2, | 6 |
| and 27.2 as
follows:
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| (605 ILCS 10/8.1 new)
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| Sec. 8.1. Inspector General.
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| (a) The Governor must, with the advice and consent of the | 10 |
| Senate,
appoint an Inspector General for the purpose of | 11 |
| providing increased accountability and oversight, detection, | 12 |
| deterrence, and
prevention of fraud, corruption, waste, | 13 |
| inefficiencies, and mismanagement in the
Authority. The | 14 |
| Inspector General shall serve a 2-year
term. If no successor is | 15 |
| appointed and qualified upon the
expiration of the Inspector | 16 |
| General's term, the Office of Inspector General is
deemed | 17 |
| vacant and the powers and duties under this Section may be | 18 |
| exercised
only by an appointed and qualified interim Inspector | 19 |
| General until a successor
Inspector General is appointed and | 20 |
| qualified.
If the General Assembly is not in session when a | 21 |
| vacancy in the Office of
Inspector General occurs, the Governor | 22 |
| may appoint an interim
Inspector General whose term shall | 23 |
| expire 2 weeks after the next
regularly scheduled session day | 24 |
| of the Senate.
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| (b) The Inspector General shall have the following | 26 |
| qualifications:
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| (1) has not been convicted of any felony under the laws | 28 |
| of this State,
another state, or the United States;
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| (2) has earned a baccalaureate degree from an | 30 |
| institution of higher
education; and
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| (3) has either (A) 5 or more years of service with a | 32 |
| federal, State, or
local law enforcement agency, at least 2 |
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| years of which have been in a
progressive investigatory | 2 |
| capacity; (B) 5 or more years of service as a
federal, | 3 |
| State, or local prosecutor; or (C) 5 or more years of | 4 |
| service as a
senior manager or executive of a federal, | 5 |
| State, or local
agency.
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| (c) The Inspector General may review, coordinate, and | 7 |
| recommend methods and
procedures to increase the integrity of | 8 |
| the Authority.
The Inspector General must report directly to | 9 |
| the Governor through the Office of the Executive Inspector | 10 |
| General for the Governor.
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| (d) In addition to the authority otherwise provided by this | 12 |
| Section, but
only when investigating the Authority, its | 13 |
| employees, or
their actions for fraud, corruption, or | 14 |
| mismanagement, the Inspector General is
authorized:
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| (1) To have access to all records, reports, audits, | 16 |
| reviews, documents,
papers, recommendations, or other | 17 |
| materials available that relate to programs
and operations | 18 |
| with respect to which the Inspector General has | 19 |
| responsibilities
under this Section.
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| (2) To make any investigations and reports relating to | 21 |
| the administration
of the programs and operations of the | 22 |
| Authority that
are, in the judgment of the Inspector | 23 |
| General, necessary or desirable.
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| (3) To request any information or assistance that may | 25 |
| be necessary for
carrying out the duties and | 26 |
| responsibilities provided by this Section from any
local, | 27 |
| State, or federal governmental agency or unit thereof.
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| (4) To issue subpoenas and to compel the attendance of | 29 |
| witnesses for
purposes of testimony and the production of | 30 |
| documents and other items for
inspection and copying.
If a | 31 |
| person has petitioned a court
of competent jurisdiction in | 32 |
| Cook County, Sangamon County, or any county where
the | 33 |
| subpoena is sought to be enforced for a protective order or | 34 |
| to quash or
modify the subpoena, then this Section does not | 35 |
| apply during the pendency of
the court proceedings | 36 |
| concerning the petition.
A person duly subpoenaed for |
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| testimony, documents, or other items who neglects
or | 2 |
| refuses to testify or produce documents or other items | 3 |
| under the
requirements of the subpoena shall be subject to | 4 |
| punishment as may be
determined by a court of competent | 5 |
| jurisdiction, unless the testimony,
documents, or other | 6 |
| items are covered by the attorney-client privilege or any | 7 |
| other privilege recognized by State or federal law. Nothing | 8 |
| in this Section
limits
a person's right to protection | 9 |
| against self-incrimination under the
Fifth Amendment of | 10 |
| the United States Constitution or Article I, Section 10, of
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| the Constitution of the State of Illinois.
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| (5) To have direct and prompt access to the Board of | 13 |
| Directors of
the
Authority for any
purpose pertaining to | 14 |
| the performance of functions and responsibilities under
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| this Section.
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| (f) The Inspector General may receive and investigate | 17 |
| complaints or
information from an employee of the Authority | 18 |
| concerning the possible
existence of an activity constituting a | 19 |
| violation of law, rules, or
regulations; mismanagement; abuse | 20 |
| of authority; or substantial and specific
danger to the public | 21 |
| health and safety. The Inspector General shall have the
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| discretion to determine the appropriate means of investigation | 23 |
| as permitted by
law. Any employee who
knowingly files a
false
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| complaint or files a complaint with reckless disregard for the | 25 |
| truth or the
falsity
of the facts underlying the complaint may | 26 |
| be subject to discipline.
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| The Inspector General may not, after receipt of a complaint | 28 |
| or information
from an employee, disclose the identity of the | 29 |
| employee without the consent of
the employee, unless the | 30 |
| Inspector General determines that disclosure of the identity is | 31 |
| reasonable and necessary for the furtherance of the | 32 |
| investigation.
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| Any employee who has the authority to recommend or
approve | 34 |
| any personnel action or to direct others to recommend or | 35 |
| approve any
personnel action may not, with respect to that | 36 |
| authority, take or threaten to
take any action against any |
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| employee as a reprisal for making a
complaint or disclosing | 2 |
| information to the Inspector General, unless the
complaint was | 3 |
| made or the information disclosed with the knowledge that it | 4 |
| was
false or with willful disregard for its truth or falsity.
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| (g) The Inspector General must adopt rules, in accordance | 6 |
| with the
provisions of the Illinois Administrative Procedure | 7 |
| Act, establishing minimum
requirements for initiating, | 8 |
| conducting, and completing investigations. The
rules must | 9 |
| establish criteria for determining, based upon the nature of | 10 |
| the
allegation, the appropriate method of investigation, which | 11 |
| may include, but is
not limited to, site visits, telephone | 12 |
| contacts, personal interviews, or
requests for written | 13 |
| responses. The rules must also clarify how the Office of
the | 14 |
| Inspector General shall interact with other local, State, and | 15 |
| federal law
enforcement investigations.
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| Any employee of the Authority subject to investigation or | 17 |
| inquiry
by the Inspector General, or any agent or | 18 |
| representative of the Inspector
General, concerning misconduct | 19 |
| that is criminal shall have the right to be notified of the | 20 |
| right to remain silent
during the investigation or inquiry and | 21 |
| the right to be represented in the
investigation or inquiry by | 22 |
| a representative of a labor organization that is
the exclusive | 23 |
| collective bargaining representative of employees of the
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| Authority. Any such investigation or inquiry must be conducted | 25 |
| in a manner consistent with the provisions of a collective | 26 |
| bargaining
agreement that applies to the employees of the | 27 |
| Authority. Any
recommendation for discipline or any action | 28 |
| taken against any employee by the
Inspector General, or any | 29 |
| representative or agent of the Inspector General, must
be | 30 |
| undertaken in a manner consistent with the rights of the | 31 |
| employees as set forth in State and federal law and applicable | 32 |
| judicial decisions.
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| (h) The Inspector General shall provide to the Authority | 34 |
| and the
General Assembly a summary of reports and | 35 |
| investigations made under this
Section
for the previous fiscal | 36 |
| year no later than January 1 of each year. The
summaries shall |
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| detail the final disposition of the Inspector General's
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| recommendations. The summaries shall not contain any | 3 |
| confidential or
identifying information concerning the | 4 |
| subjects of the reports and
investigations. The summaries shall | 5 |
| also include detailed, recommended
administrative actions and | 6 |
| matters for consideration by the General
Assembly.
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| (i) The Office of the Inspector General shall be | 8 |
| represented in all legal
matters by the Attorney General.
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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 | 12 |
| regulations for the
management, regulation and control of its | 13 |
| affairs, and to fix tolls, and to
make, enact and enforce all | 14 |
| needful rules and regulations in connection
with the | 15 |
| 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 | 19 |
| vehicle's operation on
a toll highway without the required toll | 20 |
| having been paid.
The Authority may
establish by rule a system | 21 |
| of civil administrative adjudication to adjudicate
only | 22 |
| alleged
instances of a vehicle's operation on a toll highway | 23 |
| without the required toll
having been paid, as detected by the | 24 |
| Authority's video or photo
surveillance system.
In cases in | 25 |
| which the operator of the vehicle is not the registered
vehicle | 26 |
| owner, the establishment of
ownership of the vehicle creates a | 27 |
| rebuttable presumption that the vehicle was
being operated by | 28 |
| an agent
of the registered vehicle owner. If the registered | 29 |
| vehicle owner liable for a
violation under this Section was
not | 30 |
| the operator of the vehicle at the time of the violation, the | 31 |
| owner may
maintain an action for
indemnification against the | 32 |
| operator in the circuit court.
Rules establishing a system of | 33 |
| civil administrative
adjudication must
provide for written | 34 |
| notice ,
by first class mail or other means provided by law, to | 35 |
| the address of the
registered owner of the cited
vehicle as |
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| recorded with the Secretary of State or to the lessee of the | 2 |
| cited
vehicle at the last address known
to the lessor of the | 3 |
| cited vehicle at the time of the lease,
of the
alleged | 4 |
| 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 | 6 |
| telephone
number to receive inquiries concerning alleged | 7 |
| violations.
The notice shall also inform the registered vehicle | 8 |
| owner that failure to
contest in the manner and time
provided | 9 |
| shall be deemed an admission of liability and that a final | 10 |
| 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 | 12 |
| preparation, certification, affirmation, or
mailing of the | 13 |
| notice. A notice of violation, sworn or affirmed to or | 14 |
| certified
by a duly authorized agent of
the Authority, or a | 15 |
| facsimile of the notice, based upon an inspection of
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| photographs, microphotographs,
videotape, or other recorded | 17 |
| images produced
by a video or photo surveillance system, shall | 18 |
| be admitted as
prima facie evidence of the correctness of the | 19 |
| facts contained in the notice or
facsimile.
Only civil fines ,
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| along with the corresponding outstanding toll, and costs
may be | 21 |
| imposed by
administrative adjudication. A fine may be imposed | 22 |
| under this paragraph only
if a violation is established by a | 23 |
| preponderance of the evidence. Judicial
review of all final | 24 |
| orders of the Authority under this paragraph shall be
conducted | 25 |
| in the circuit court of the county in which the administrative | 26 |
| hearing was held in accordance with the Administrative Review | 27 |
| Law.
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| Any outstanding toll, fine, additional late payment fine, | 29 |
| other
sanction,
or costs imposed, or part of any fine, other | 30 |
| sanction, or costs imposed, remaining unpaid after the | 31 |
| exhaustion of, or the failure to
exhaust, judicial review | 32 |
| procedures under the Illinois Administrative Review
Law are a | 33 |
| debt due and owing
the Authority and may be collected in | 34 |
| accordance
with applicable law. After expiration of the period | 35 |
| in
which judicial review under the Illinois Administrative | 36 |
| Review Law may be
sought,
unless stayed by a court of competent |
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| jurisdiction, a final order of
the Authority under this | 2 |
| subsection (a-5)
may be enforced in
the same manner as a | 3 |
| judgment entered by a court of competent jurisdiction.
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| Notwithstanding any other provision of this Act, the Authority | 5 |
| may, with the approval of the Attorney General, retain a law | 6 |
| firm or law firms with expertise in the collection of | 7 |
| government fines and debts for the purpose of collecting fines, | 8 |
| costs, and other moneys due under this subsection (a-5).
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| A system of civil administrative adjudication may also | 10 |
| provide for a
program of vehicle
immobilization, tow, or | 11 |
| impoundment for the purpose of facilitating
enforcement of any | 12 |
| final order or orders of
the Authority under this subsection | 13 |
| (a-5) that result in a finding or liability for 5 or more | 14 |
| violations after
expiration of the period in which judicial | 15 |
| review under the Illinois
Administrative Review Law may be | 16 |
| sought. The registered vehicle owner of a
vehicle immobilized, | 17 |
| towed,
or impounded for nonpayment of a final order
of the | 18 |
| Authority under this subsection (a-5) shall have the right
to | 19 |
| request a hearing before the Authority's civil administrative | 20 |
| adjudicatory
system to challenge the validity
of the | 21 |
| immobilization, tow, or impoundment.
This hearing, however, | 22 |
| shall not constitute a
readjudication of the merits of | 23 |
| previously adjudicated notices.
Judicial review of all final | 24 |
| orders of the
Authority under this subsection (a-5) shall be | 25 |
| conducted
in accordance with the Administrative Review Law. | 26 |
| No commercial entity that is the lessor of a vehicle under | 27 |
| a written lease agreement shall be liable for an administrative | 28 |
| notice of violation for toll evasion issued under this | 29 |
| subsection (a-5) involving that vehicle during the period of | 30 |
| the lease if the lessor provides a copy of the leasing | 31 |
| agreement to the Authority within 21 days of the issue date on | 32 |
| the notice of violation. The leasing agreement also must | 33 |
| contain a provision or addendum informing the lessee that the | 34 |
| lessee is liable for payment of all tolls and any fines for | 35 |
| toll evasion. Each entity must also post a sign at the leasing | 36 |
| counter notifying the lessee of that liability. The copy of the |
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| leasing agreement provided to the Authority must contain the | 2 |
| name, address, and driver's license number of the lessee. | 3 |
| As used in this subsection (a-5), "lessor" includes | 4 |
| commercial leasing and rental entities but does not include | 5 |
| public passenger vehicle entities. | 6 |
| The Authority shall establish an amnesty program for | 7 |
| violations adjudicated under this subsection (a-5). Under the | 8 |
| program, any person who has an outstanding notice of violation | 9 |
| for toll evasion or final order of a hearing officer for toll | 10 |
| evasion dated prior to the effective date of this amendatory | 11 |
| Act of the 93rd General Assembly and who has not been mailed a | 12 |
| notice of impending vehicle plate registration or driver's | 13 |
| license suspension pursuant to Section 3-704.2 or Section | 14 |
| 6-306.7 of the Illinois Vehicle Code and who pays to the | 15 |
| Authority the full percentage amounts listed in this paragraph | 16 |
| remaining due on the notice of violation or final order of the | 17 |
| hearing officer on or before 5:00 p.m., Central Standard Time, | 18 |
| of the 60th day after the effective date of this amendatory Act | 19 |
| the 93rd General Assembly shall not be required to pay more | 20 |
| than the listed percentage of the original fine amount and | 21 |
| outstanding toll as listed on the notice of violation or final | 22 |
| order of the hearing officer. The payment percentage scale | 23 |
| shall be as follows: a person with 25 or fewer violations shall | 24 |
| be eligible for amnesty upon payment of 50% of the original | 25 |
| fine amount and the outstanding tolls; a person with more than | 26 |
| 25 but fewer than 51 violations shall be eligible for amnesty | 27 |
| upon payment of 60% of the original fine amount and the | 28 |
| outstanding tolls; and a person with 51 or more violations | 29 |
| shall be eligible for amnesty upon payment of 75% of the | 30 |
| original fine amount and the outstanding tolls. In such a | 31 |
| situation, the Executive Director of the Authority or his or | 32 |
| her designee is authorized and directed to waive any late fine | 33 |
| amount above the applicable percentage of the original fine | 34 |
| amount. Partial payment of the amount due shall not be a basis | 35 |
| to extend the amnesty payment deadline nor shall it act to | 36 |
| 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 | 2 |
| applicable percentage of the original fine amount and | 3 |
| outstanding toll remaining due on the notice of violation or | 4 |
| final order of the hearing officer must be paid in full by 5:00 | 5 |
| p.m., Central Standard Time, of the 60th day after the | 6 |
| effective date of this amendatory Act of the 93rd General | 7 |
| Assembly. This amendatory Act of the 93rd General Assembly has | 8 |
| no retroactive effect with regard to payments already tendered | 9 |
| to the Authority that were full payments or payments in an | 10 |
| amount greater than the applicable percentage, and this Act | 11 |
| shall not be the basis for either a refund or a credit. This | 12 |
| amendatory Act of the 93rd General Assembly does not apply to | 13 |
| toll evasion citations issued by the Illinois State Police or | 14 |
| other authorized law enforcement agencies and for which payment | 15 |
| may be due to or through the clerk of the circuit court. The | 16 |
| Authority shall adopt rules as necessary to implement the | 17 |
| provisions of this amendatory Act of the 93rd General Assembly. | 18 |
| The Authority, by a resolution of the Board of Directors, shall | 19 |
| have the discretion to implement similar amnesty programs in | 20 |
| the future.
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| (b) To prescribe rules and regulations applicable to | 22 |
| traffic on highways
under the jurisdiction of the Authority, | 23 |
| concerning:
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| (1) Types of vehicles permitted to use such highways or | 25 |
| parts thereof,
and classification of such vehicles;
| 26 |
| (2) Designation of the lanes of traffic to be used by | 27 |
| the different
types of vehicles permitted upon said | 28 |
| highways;
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| (3) Stopping, standing, and parking of vehicles;
| 30 |
| (4) Control of traffic by means of police officers or | 31 |
| traffic control
signals;
| 32 |
| (5) Control or prohibition of processions, convoys, | 33 |
| and assemblages of
vehicles and persons;
| 34 |
| (6) Movement of traffic in one direction only on | 35 |
| designated portions of
said highways;
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| (7) Control of the access, entrance, and exit of |
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| vehicles and persons to
and from said highways; and
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| (8) Preparation, location and installation of all | 3 |
| traffic signs;
and to prescribe further rules and | 4 |
| regulations applicable to such traffic,
concerning matters | 5 |
| not provided for either in the foregoing enumeration or
in | 6 |
| the Illinois Vehicle Code. Notice of such rules and | 7 |
| regulations
shall be posted conspicuously and displayed at | 8 |
| appropriate points and at
reasonable intervals along said | 9 |
| highways, by clearly legible markers or
signs, to provide | 10 |
| notice of the existence of such rules and regulations to
| 11 |
| persons traveling on said highways. At each toll station, | 12 |
| the Authority
shall make available, free of charge, | 13 |
| pamphlets containing all of such
rules and regulations.
| 14 |
| (c) The Authority, in fixing the rate for tolls for the | 15 |
| privilege of
using the said toll highways, is authorized and | 16 |
| directed, in fixing such
rates, to base the same upon annual | 17 |
| estimates to be made, recorded and
filed with the Authority. | 18 |
| Said estimates shall include the following: The
estimated total | 19 |
| amount of the use of the toll highways; the estimated
amount of | 20 |
| the revenue to be derived therefrom, which said revenue, when
| 21 |
| added to all other receipts and income, will be sufficient to | 22 |
| pay the
expense of maintaining and operating said toll | 23 |
| highways, including the
administrative expenses of the | 24 |
| Authority, and to discharge all obligations
of the Authority as | 25 |
| they become due and payable.
| 26 |
| (d) To accept from any municipality or political | 27 |
| subdivision any lands,
easements or rights in land needed for | 28 |
| the operation, construction,
relocation or maintenance of any | 29 |
| toll highways, with or without payment
therefor, and in its | 30 |
| discretion to reimburse any such municipality or
political | 31 |
| subdivision out of its funds for any cost or expense incurred | 32 |
| in
the acquisition of land, easements or rights in land, in | 33 |
| connection with
the construction and relocation of the said | 34 |
| toll highways, widening,
extending roads, streets or avenues in | 35 |
| connection therewith, or for the
construction of any roads or | 36 |
| streets forming extension to and connections
with or between |
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| any toll highways, or for the cost or expense of widening,
| 2 |
| grading, surfacing or improving any existing streets or roads | 3 |
| or the
construction of any streets and roads forming extensions | 4 |
| of or connections
with any toll highways constructed, | 5 |
| relocated, operated, maintained or
regulated hereunder by the | 6 |
| Authority. Where property owned by a
municipality or political | 7 |
| subdivision is necessary to the construction of
an approved | 8 |
| toll highway, if the Authority cannot reach an agreement with
| 9 |
| such municipality or political subdivision and if the use to | 10 |
| which the
property is being put in the hands of the | 11 |
| municipality or political
subdivision is not essential to the | 12 |
| existence or the administration of such
municipality or | 13 |
| political subdivision, the Authority may acquire the
property | 14 |
| by condemnation.
| 15 |
| (Source: P.A. 89-120, eff. 7-7-95.)
| 16 |
| (605 ILCS 10/11) (from Ch. 121, par. 100-11)
| 17 |
| Sec. 11. The Authority shall have power:
| 18 |
| (a) To enter upon lands, waters and premises in the State | 19 |
| for the
purpose of making surveys, soundings, drillings and | 20 |
| examinations as may be
necessary, expedient or convenient for | 21 |
| the purposes of this Act, and such
entry shall not be deemed to | 22 |
| be a trespass, nor shall an entry for such
purpose be deemed an | 23 |
| entry under any condemnation proceedings which may be
then | 24 |
| pending; provided, however, that the Authority shall make
| 25 |
| reimbursement for any actual damage resulting to such lands, | 26 |
| waters and
premises as the result of such activities.
| 27 |
| (b) To construct, maintain and operate stations for the | 28 |
| collection of
tolls or charges upon and along any toll | 29 |
| highways.
| 30 |
| (c) To provide for the collection of tolls and charges for | 31 |
| the privilege
of using the said toll highways.
Before it adopts | 32 |
| an increase in the
rates for toll, the Authority shall hold a | 33 |
| public
hearing at which any person may appear, express | 34 |
| opinions, suggestions, or
objections, or direct inquiries | 35 |
| relating to the proposed increase.
Any person may submit a |
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| written statement to the Authority at
the hearing, whether | 2 |
| appearing in person or not. The hearing shall be held in
the | 3 |
| county in which the proposed
increase of the rates is to take | 4 |
| place. The
Authority shall give notice of the hearing by | 5 |
| advertisement on
3 successive days at least 15 days prior to | 6 |
| the date of the hearing in a daily
newspaper of general | 7 |
| circulation within the county within which the
hearing is held.
| 8 |
| The notice shall state the date, time, and place of the | 9 |
| hearing, shall contain
a description of the proposed increase, | 10 |
| and shall
specify how interested persons may obtain copies of | 11 |
| any reports, resolutions,
or certificates describing the basis | 12 |
| on which the proposed change, alteration,
or modification was | 13 |
| calculated. After consideration of any statements filed or
oral | 14 |
| opinions, suggestions, objections, or inquiries made at the | 15 |
| hearing, the
Authority may proceed to adopt the proposed | 16 |
| increase
of the rates for toll. No change or alteration in or | 17 |
| modification
of the rates for toll shall be effective unless at | 18 |
| least 30 days
prior to the effective date of such rates notice | 19 |
| thereof
shall be given to
the public by publication in a | 20 |
| newspaper of general circulation, and such
notice, or notices, | 21 |
| thereof shall be posted and publicly displayed at each
and | 22 |
| every toll station upon or along said toll highways.
| 23 |
| (d) To construct, at the Authority's discretion, grade | 24 |
| separations
at intersections with any railroads, waterways, | 25 |
| street railways, streets,
thoroughfares, public roads or | 26 |
| highways intersected by the said toll
highways, and to change | 27 |
| and adjust the lines and grades thereof so as to
accommodate | 28 |
| the same to the design of such grade separation and to
| 29 |
| construct interchange improvements. The Authority is | 30 |
| authorized to provide
such grade separations or interchange | 31 |
| improvements at its own cost or to
enter into contracts or | 32 |
| agreements with reference to division of cost
therefor with any | 33 |
| municipality or political subdivision of the State of
Illinois, | 34 |
| or with the Federal Government, or any agency thereof, or with
| 35 |
| any corporation, individual, firm, person or association. | 36 |
| Where such
structures have been built by the Authority and a |
|
|
|
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| 1 |
| local highway agency did
not enter into an agreement to the | 2 |
| contrary, the Authority shall maintain
the entire structure, | 3 |
| including the road surface, at the Authority's expense.
| 4 |
| (e) To contract with and grant concessions to or lease or | 5 |
| license to any
person, partnership, firm, association or | 6 |
| corporation so desiring the use
of any part of any toll | 7 |
| highways, excluding the paved portion thereof, but
including | 8 |
| the right of way adjoining, under, or over said paved portion | 9 |
| for
the placing of telephone, telegraph, electric, power lines | 10 |
| and other
utilities, and for the placing of pipe lines, and to | 11 |
| enter into operating
agreements with or to contract with and | 12 |
| grant concessions to or to lease to
any person, partnership, | 13 |
| firm, association or corporation so desiring the
use of any | 14 |
| part of the toll highways, excluding the paved portion thereof,
| 15 |
| but including the right of way adjoining, or over said paved | 16 |
| portion for
motor fuel service stations and facilities, | 17 |
| garages, stores and
restaurants, or for any other lawful | 18 |
| purpose, and to fix the terms,
conditions, rents, rates and | 19 |
| charges for such use.
| 20 |
| The Authority shall also have power to establish reasonable | 21 |
| regulations
for the installation, construction, maintenance, | 22 |
| repair, renewal,
relocation and removal of pipes, mains, | 23 |
| conduits, cables, wires, towers,
poles and other equipment and | 24 |
| appliances (herein called public utilities)
of any public | 25 |
| utility as defined in the Public Utilities Act along,
over or | 26 |
| under any toll road project. Whenever the Authority shall | 27 |
| determine
that it is necessary that any such public utility | 28 |
| facilities which now are
located in, on, along, over or under | 29 |
| any project or projects be relocated
or removed entirely from | 30 |
| any such project or projects, the public utility
owning or | 31 |
| operating such facilities shall relocate or remove the same in
| 32 |
| accordance with the order of the Authority. All costs and | 33 |
| expenses of such
relocation or removal, including the cost of | 34 |
| installing such facilities in
a new location or locations, and | 35 |
| the cost of any land or lands, or interest
in land, or any | 36 |
| other rights required to accomplish such relocation or
removal |
|
|
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| shall be ascertained and paid by the Authority as a part of the
| 2 |
| cost of any such project or projects, and further, there shall | 3 |
| be no rent,
fee or other charge of any kind imposed upon the | 4 |
| public utility owning or
operating any facilities ordered | 5 |
| relocated on the properties of the said
Authority and the said | 6 |
| Authority shall grant to the said public utility
owning or | 7 |
| operating said facilities and its successors and assigns the
| 8 |
| right to operate the same in the new location or locations for | 9 |
| as long a
period and upon the same terms and conditions as it | 10 |
| had the right to
maintain and operate such facilities in their | 11 |
| former location or locations.
| 12 |
| (f) To enter into an intergovernmental agreement or | 13 |
| contract with a unit of local government or other
public or | 14 |
| private entity for the collection by electronic means
of tolls,
| 15 |
| fees, and revenue.
| 16 |
| (Source: P.A. 90-681, eff. 7-31-98.)
| 17 |
| (605 ILCS 10/16.2 new)
| 18 |
| Sec. 16.2. Financial benefit prohibited.
| 19 |
| (a) A director, employee, or agent of the Authority may not | 20 |
| receive
a financial benefit from a contract let by the | 21 |
| Authority during his or
her term of service with the Authority | 22 |
| and for a period of one year following
the termination of his | 23 |
| or her term of service as a director of the Authority
or as an | 24 |
| employee or agent of the Authority.
| 25 |
| (b) A member of the immediate family or household of a | 26 |
| director, employee,
or agent of the Authority may not receive a | 27 |
| financial benefit from a contract
let by the Authority during | 28 |
| the immediate family or household member's term
of service with | 29 |
| the Authority and for a period of one year following the
| 30 |
| termination of the immediate family or household member's term | 31 |
| of service as
a director of the Authority or as an employee or | 32 |
| agent of the Authority.
| 33 |
| (c) A director, employee, or agent of the Authority may not | 34 |
| use material
non-public information for personal financial | 35 |
| gain nor may he or she disclose
that information to any other |
|
|
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| 1 |
| person for that person's personal financial gain
when that | 2 |
| information was obtained as a result of his or her | 3 |
| directorship,
employment, or agency with the Authority.
| 4 |
| (d) A member of the immediate family or household of a | 5 |
| director, employee,
or agent of the Authority may not use | 6 |
| material non-public information for
personal financial gain | 7 |
| nor may he or she disclose that information to any
other person | 8 |
| for that person's personal financial gain when that information
| 9 |
| was obtained as a result of his or her immediate family or | 10 |
| household member's
directorship, employment, or agency with | 11 |
| the Authority.
| 12 |
| (e) For purposes of this Section, "immediate family or | 13 |
| household member"
means the spouse, child, parent, brother, | 14 |
| sister, grandparent, or grandchild,
whether of the whole blood | 15 |
| or half blood or by adoption, or a person who shares
a common | 16 |
| dwelling with a director of the Authority or with an employee | 17 |
| or agent
of the Authority.
| 18 |
| (605 ILCS 10/17) (from Ch. 121, par. 100-17)
| 19 |
| Sec. 17. (a) The Authority may from time to time issue | 20 |
| bonds for any
lawful purpose including, without limitation, the | 21 |
| costs of issuance thereof
and all such bonds or other | 22 |
| obligations of the Authority
issued pursuant to this Act shall | 23 |
| be and are hereby declared to be
negotiable for all purposes | 24 |
| notwithstanding their payment from a limited
source and without | 25 |
| regard to any other law or laws.
| 26 |
| (b) The bonds of every issue shall be payable solely out of | 27 |
| revenues of
the Authority, accumulated reserves or sinking | 28 |
| funds, bond proceeds,
proceeds of refunding bonds, or | 29 |
| investment earnings as the Authority shall
specify in a bond | 30 |
| resolution.
| 31 |
| (c) The bonds may be issued as serial bonds or as term | 32 |
| bonds, or the
Authority, in its discretion, may issue bonds of | 33 |
| both types. The bonds
shall be authorized by a bond resolution | 34 |
| of the Authority, may be issued
in one or more series and shall | 35 |
| bear such date or dates, mature at such
time or times not |
|
|
|
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| exceeding 25 years from their respective date or dates of
| 2 |
| issue, bear interest at such rate or rates, fixed or variable, | 3 |
| without
regard to any limit contained in any other statute or | 4 |
| law of
the State of Illinois, be payable as to principal and | 5 |
| interest at such time
or times, be in such denominations, be in | 6 |
| such form, either coupon or fully
registered, carry such | 7 |
| registration and conversion privileges, be payable
in lawful | 8 |
| money of the United States of America at such places, be
| 9 |
| subject to such terms of redemption and may contain such other | 10 |
| terms and
provisions, as such bond resolution or resolutions
| 11 |
| may provide. The bonds shall be executed by the manual or | 12 |
| facsimile
signatures of the Chairman and the Secretary. In case | 13 |
| any of the officers
whose signature appears on the bonds or | 14 |
| coupons, if any, shall cease to be an
officer before the | 15 |
| delivery of such bonds, such signature shall
nevertheless be | 16 |
| valid and sufficient for all purposes, as if he had
remained in | 17 |
| office until such delivery. The bonds shall be sold in such
| 18 |
| manner as the Authority shall determine. The proceeds from the | 19 |
| sale of
such bonds shall be paid to the Treasurer of the State | 20 |
| of Illinois as ex
officio custodian. Pending preparation of the | 21 |
| definitive bonds, the
Authority may issue interim receipts or | 22 |
| certificates which shall be
exchanged for such definitive | 23 |
| bonds.
| 24 |
| (d) Any bond resolution, or trust indenture entered into | 25 |
| pursuant to a
bond resolution, may contain provisions, which | 26 |
| shall be a part of
the contract with the holders of the bonds | 27 |
| to be authorized, as to: (i)
pledging or creating a lien upon | 28 |
| all or part of the revenues of the
Authority or any reserves, | 29 |
| sinking funds, bond proceeds or investment
earnings; (ii) the | 30 |
| setting aside of reserves or sinking funds, and the
regulation, | 31 |
| investment and disposition thereof; (iii) the use and
| 32 |
| maintenance requirements for the toll highways; (iv) the | 33 |
| purposes to which
or the investments in which the proceeds of | 34 |
| sale of any series or issue of
bonds then or thereafter to be | 35 |
| issued may be applied; (v)
the issuance of additional bonds, | 36 |
| the terms upon which
additional bonds may be issued and |
|
|
|
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|
| 1 |
| secured, the purposes for such
additional bonds, and the terms | 2 |
| upon which additional
bonds may rank on a parity with, or be | 3 |
| subordinate or superior to other
bonds; (vi) the refunding of | 4 |
| outstanding bonds; (vii) the procedure, if
any, by which the | 5 |
| terms of any contract with bondholders may be amended or
| 6 |
| abrogated, the amount of bonds the holders of which must | 7 |
| consent thereto,
and the manner in which such consent may be | 8 |
| given; (viii) defining the acts
or omissions to act which shall | 9 |
| constitute a default in the duties of the
Authority to holders | 10 |
| of its obligations and providing the rights and
remedies of | 11 |
| such holders in the event of a default; (ix) any other matters
| 12 |
| relating to the bonds which the Authority deems desirable.
| 13 |
| (e) Neither the directors of the Authority nor any person | 14 |
| executing the
bonds shall be liable personally on the bonds or | 15 |
| be subject to any personal
liability or accountability by | 16 |
| reason of the issuance thereof.
| 17 |
| (f) The Authority shall have power out of any funds | 18 |
| available therefor
to purchase its bonds. The Authority may | 19 |
| hold, pledge, cancel or resell
such bonds subject to and in | 20 |
| accordance with agreements with bondholders.
| 21 |
| (g) In the discretion of the Authority any bonds issued | 22 |
| under the
provisions of this Act may be secured by a trust | 23 |
| indenture by and between
the Authority and a trustee or | 24 |
| trustees, which may be any trust
company or bank in the State | 25 |
| of Illinois having the powers of a trust
company and possessing | 26 |
| capital and surplus of not less than $50,000,000.
The bond | 27 |
| resolution or trust indenture providing for the issuance of | 28 |
| bonds
so secured shall pledge such revenues of the Authority, | 29 |
| sinking funds,
bond proceeds, or investment earnings as may be | 30 |
| specified therein, may
contain such provisions for protecting | 31 |
| and enforcing the rights and
remedies of the bondholders as may | 32 |
| be reasonable and proper and not in
violation of law, including | 33 |
| particularly such provisions as have
hereinabove been | 34 |
| specifically authorized to be included in any bond
resolution | 35 |
| or trust indenture of the Authority, and may restrict the
| 36 |
| individual right of action by bondholders. In addition to the |
|
|
|
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|
| 1 |
| foregoing,
any bond resolution or trust indenture may contain | 2 |
| such other provisions as
the Authority may deem reasonable and | 3 |
| proper for the security of the
bondholders, including, but not | 4 |
| limited to, the purchase of bond insurance
and the arrangement | 5 |
| of letters of credit, lines of credit or other credit
or | 6 |
| liquidity enhancement facilities; provided there shall be no | 7 |
| pledge of
the toll highway or any part thereof. All expenses | 8 |
| incurred in carrying
out the provisions of any bond resolution | 9 |
| or trust indenture may be treated
as a part of the cost of the | 10 |
| operation of the toll highways.
| 11 |
| (h) Bonds issued under the authority of this Act do not, | 12 |
| and shall state
upon the face of each bond that they do not, | 13 |
| represent or constitute a debt
of the Authority or of the State | 14 |
| of Illinois within the meaning of any
constitutional or | 15 |
| statutory limitation or a pledge of the faith and credit
of the | 16 |
| Authority or the State of Illinois, or grant to the owners or | 17 |
| holders
thereof any right to have the Authority or the General | 18 |
| Assembly levy any
taxes or appropriate any funds for the | 19 |
| payment of the principal thereof or
interest thereon. Such | 20 |
| bonds shall be payable and shall state that they are
payable | 21 |
| solely from the revenues and the sources authorized under this | 22 |
| Act
and pledged for their payment in accordance with the bond | 23 |
| resolution or trust indenture.
| 24 |
| Nothing in this Act shall be construed to authorize the | 25 |
| Authority or any
department, board, commission or other agency | 26 |
| to create an obligation of
the State of Illinois within the | 27 |
| meaning of the Constitution or Statutes
of Illinois.
| 28 |
| (i) Any resolution or trust indenture authorizing the | 29 |
| issuance
of the bonds may include provision for the issuance of | 30 |
| additional bonds. All
resolutions of the Authority to
carry | 31 |
| such adopted bond resolutions into effect, to provide
for the | 32 |
| sale and delivery of the bonds, for letting of contracts for | 33 |
| the
construction of toll highways and the acquisition of real | 34 |
| and personal
property deemed by the Authority necessary or | 35 |
| convenient for the
construction thereof, shall not require the | 36 |
| approval of the Governor or of
any other department, division, |
|
|
|
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| 1 |
| commission, bureau, board or other agency of the State.
| 2 |
| (j) Prior to expending or obligating any amounts on deposit | 3 |
| in any fund or
account
established in any bond resolution or | 4 |
| trust indenture entered into pursuant to
a bond
resolution, in | 5 |
| excess of the amount required to be held by the Authority in
| 6 |
| order to satisfy
covenants established in any such bond | 7 |
| resolution or trust indenture entered
into pursuant
to a bond | 8 |
| resolution, the Authority shall submit to the General Assembly | 9 |
| the
proposed
expenditure or obligation. If the General Assembly | 10 |
| fails to adopt a joint
resolution
disapproving of such | 11 |
| expenditure or obligation within the current legislative
| 12 |
| session, or,
if the General Assembly is not in session at the | 13 |
| time of submission, during the
next
legislative session | 14 |
| thereafter, the Authority may proceed to expend or obligate
| 15 |
| such funds
substantially in accordance with such proposal.
| 16 |
| (Source: P.A. 83-1258.)
| 17 |
| (605 ILCS 10/27.1) (from Ch. 121, par. 100-27.1)
| 18 |
| Sec. 27.1. Any person who shall use any spurious or | 19 |
| counterfeit tickets,
coupons or tokens in payment of any toll | 20 |
| required to be paid by the
Authority under the provisions of | 21 |
| this Act, or who shall attempt to use the
highway without | 22 |
| payment of the tolls prescribed by the Authority, shall be
| 23 |
| deemed guilty of a petty offense and shall be fined not less | 24 |
| than $5 nor
more than $100 for each such offense.
The fine | 25 |
| range set forth in this Section for prosecution of toll evasion | 26 |
| as a
petty offense shall not apply to
toll evasion offenses | 27 |
| that are adjudicated in the Authority's administration
system
| 28 |
| Each day any toll highway is used by
any person in violation of | 29 |
| this Act shall constitute a separate offense .
| 30 |
| (Source: P.A. 77-2239.)
| 31 |
| (605 ILCS 10/27.2 new)
| 32 |
| Sec. 27.2. Obstruction of registration plate visibility to | 33 |
| electronic image recording. | 34 |
| (a) A person may not operate on a toll highway any motor |
|
|
|
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|
| 1 |
| vehicle
that is equipped with tinted plastic or tinted glass | 2 |
| registration plate
covers or any covers, coating, wrappings, | 3 |
| materials, streaking, distorting, holographic, reflective, or | 4 |
| other devices that obstruct the visibility or electronic image | 5 |
| recording of the plate. | 6 |
| (b) If a State or local law enforcement officer having | 7 |
| jurisdiction
observes that a cover or other device or material | 8 |
| or substance is obstructing the visibility or electronic image | 9 |
| recording of the plate, the officer shall issue a Uniform | 10 |
| Traffic Citation and shall confiscate the cover or other device | 11 |
| that obstructed the visibility or electronic image recording of | 12 |
| the plate. If the State or local law enforcement officer having | 13 |
| jurisdiction observes that the plate itself has been physically | 14 |
| treated with a substance or material that is obstructing the | 15 |
| visibility or electronic image recording of the plate, the | 16 |
| officer shall issue a Uniform Traffic Citation and shall | 17 |
| confiscate the plate. The Secretary of State shall revoke the | 18 |
| registration of any plate that has been found by a court or | 19 |
| administrative tribunal to have been physically altered with | 20 |
| any chemical or reflective substance or coating that obstructs | 21 |
| the visibility or electronic image recording of the plate. | 22 |
| (c) A violation of this Section is a petty offense. A fine | 23 |
| of $750 shall be imposed if a plate cover obstructs the | 24 |
| visibility or electronic image recording of the plate. A fine | 25 |
| of $1,000 shall be imposed if a plate has been physically
| 26 |
| altered with any chemical or reflective substance or coating | 27 |
| that obstructs the visibility or electronic image recording of | 28 |
| the plate. | 29 |
| (d) The Attorney General may file suit against any | 30 |
| individual or entity offering or marketing the sale, including | 31 |
| via the
Internet, of any product advertised as having the | 32 |
| capacity to obstruct the visibility or electronic image | 33 |
| recording of a license plate. In addition to injunctive and | 34 |
| monetary relief, punitive damages, and attorneys fees, the suit | 35 |
| shall also seek a full accounting of the records of all sales | 36 |
| to residents of or entities within the State of Illinois.
|
|
|
|
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|
| 1 |
| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
|
|