093_HB2815

 
                                     LRB093 07171 DRH 07326 b

 1        AN ACT in relation to highways.

 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    Section  11  and  adding  Sections  8.1,  16.2,  and  20.2 as
 6    follows:

 7        (605 ILCS 10/8.1 new)
 8        Sec. 8.1.  Inspector General.
 9        (a)  The Governor, with the advice  and  consent  of  the
10    Senate,  shall  on  January  20,  2004  appoint  an Inspector
11    General   who   shall   have   the   authority   to   conduct
12    investigations into allegations or incidents of waste, fraud,
13    and financial mismanagement in Authority operations involving
14    an Authority employee or contractor.  The  Inspector  General
15    shall  make recommendations to the Authority regarding his or
16    her investigations.  The Inspector General shall be appointed
17    for a term of 4 years.   The  Governor  shall  determine  the
18    compensation  to  be  received by the Inspector General.  The
19    Inspector General shall be independent of the  operations  of
20    the  Authority  and  perform other duties as requested by the
21    Authority.
22        (b)  The Inspector  General  shall  have  access  to  all
23    information  and personnel necessary to perform the duties of
24    the office.  If  the  Inspector  General  determines  that  a
25    possible  criminal  act  has  been  committed or that special
26    expertise is required in the investigation, he or  she  shall
27    immediately  notify  the  State  Police.   All investigations
28    conducted by the Inspector General shall be  conducted  in  a
29    manner  that  ensures the preservation of evidence for use in
30    criminal prosecutions.
31        (c)  At all times, the Inspector General shall be granted
 
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 1    access to any building or facility that is  owned,  operated,
 2    or leased by the Authority.
 3        (d)  The  Inspector  General  shall  have  the  power  to
 4    subpoena  witnesses  and  compel  the production of books and
 5    papers pertinent  to  an  investigation  authorized  by  this
 6    Section. A person is guilty of a Class A misdemeanor if he or
 7    she:
 8             (1)  fails to appear in response to a subpoena;
 9             (2)  fails to answer any question;
10             (3)  fails  to produce any books or papers pertinent
11        to an investigation under this Section; or
12             (4)  knowingly  gives  false  testimony  during   an
13        investigation under this Section.
14        (e)  The   Inspector   General   shall   provide  to  the
15    Authority, the Governor, and the General Assembly  a  summary
16    of reports and investigations made under this Section for the
17    previous  fiscal  year  no later than January 1 of each year.
18    The summaries shall  detail  the  final  disposition  of  the
19    Inspector  General's  recommendations.  The summaries may not
20    contain   any   confidential   or   identifying   information
21    concerning the subjects of the  reports  and  investigations.
22    The   summaries  shall  also  include  detailed,  recommended
23    administrative actions and matters for consideration  by  the
24    General Assembly.

25        (605 ILCS 10/11) (from Ch. 121, par. 100-11)
26        Sec. 11. The Authority shall have power:
27        (a)  To  enter  upon  lands,  waters  and premises in the
28    State for the purpose of making surveys, soundings, drillings
29    and examinations as may be necessary, expedient or convenient
30    for the purposes of this Act, and such  entry  shall  not  be
31    deemed  to be a trespass, nor shall an entry for such purpose
32    be deemed an entry under any condemnation  proceedings  which
33    may  be  then  pending; provided, however, that the Authority
 
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 1    shall make reimbursement for any actual damage  resulting  to
 2    such  lands,  waters  and  premises  as  the  result  of such
 3    activities.
 4        (b)  To construct, maintain and operate stations for  the
 5    collection  of  tolls  or  charges  upon  and  along any toll
 6    highways.
 7        (c)  To provide for the collection of tolls  and  charges
 8    for  the privilege of using the said toll highways. Before it
 9    adopts an increase in the rates for toll, the Authority shall
10    hold a public hearing at which any person may appear, express
11    opinions, suggestions, or  objections,  or  direct  inquiries
12    relating  to the proposed increase.   Any person may submit a
13    written statement to the Authority at  the  hearing,  whether
14    appearing in person or not.  The hearing shall be held in the
15    county in which the proposed increase of the rates is to take
16    place.
17        The  Authority  shall  give  notice  of  the  hearing  by
18    advertisement  on 3 successive days at least 15 days prior to
19    the date of the hearing  in  a  daily  newspaper  of  general
20    circulation  within  the  county  within which the hearing is
21    held.  The notice shall state the date, time,  and  place  of
22    the  hearing,  shall  contain  a  description of the proposed
23    increase, and shall specify how interested persons may obtain
24    copies  of  any   reports,   resolutions,   or   certificates
25    describing   the   basis   on   which  the  proposed  change,
26    alteration, or modification was calculated.
27        The Authority may not hold more than one hearing  on  the
28    same  day in connection with a proposed increase in the rates
29    for toll under this subsection. The Authority must schedule a
30    minimum of  4  hours  for  each  such  hearing.  At  least  3
31    directors  of  the  Authority  must  be  present at each such
32    hearing, and each such  director  must  be  present  for  the
33    entire duration of the hearing.
34        After  consideration  of  any  statements  filed  or oral
 
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 1    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
 4    or  modification  of  the  rates  for toll shall be effective
 5    unless at least 30 days prior to the effective date  of  such
 6    rates  notice  thereof  shall  be  given  to  the  public  by
 7    publication  in  a newspaper of general circulation, and such
 8    notice, or notices, thereof  shall  be  posted  and  publicly
 9    displayed  at  each and every toll station upon or along said
10    toll highways.
11        (d)  To construct, at the Authority's  discretion,  grade
12    separations  at  intersections with any railroads, waterways,
13    street railways,  streets,  thoroughfares,  public  roads  or
14    highways intersected by the said toll highways, and to change
15    and  adjust the lines and grades thereof so as to accommodate
16    the same to the  design  of  such  grade  separation  and  to
17    construct   interchange   improvements.   The   Authority  is
18    authorized to provide such grade separations  or  interchange
19    improvements  at  its  own cost or to enter into contracts or
20    agreements with reference to division of cost  therefor  with
21    any  municipality  or  political  subdivision of the State of
22    Illinois, or with  the  Federal  Government,  or  any  agency
23    thereof, or with any corporation, individual, firm, person or
24    association.  Where  such  structures  have been built by the
25    Authority and a local highway agency did not  enter  into  an
26    agreement  to  the contrary, the Authority shall maintain the
27    entire  structure,  including  the  road  surface,   at   the
28    Authority's expense.
29        (e)  To  contract  with and grant concessions to or lease
30    or license to any person, partnership, firm,  association  or
31    corporation  so  desiring  the  use  of  any part of any toll
32    highways, excluding the paved portion thereof, but  including
33    the right of way adjoining, under, or over said paved portion
34    for  the  placing  of  telephone,  telegraph, electric, power
 
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 1    lines and other utilities, and for the placing of pipe lines,
 2    and to enter into operating agreements with  or  to  contract
 3    with  and  grant  concessions  to  or to lease to any person,
 4    partnership, firm, association or corporation so desiring the
 5    use of any part of the toll  highways,  excluding  the  paved
 6    portion thereof, but including the right of way adjoining, or
 7    over  said  paved portion for motor fuel service stations and
 8    facilities, garages, stores and restaurants, or for any other
 9    lawful purpose, and to  fix  the  terms,  conditions,  rents,
10    rates and charges for such use.
11        The   Authority   shall  also  have  power  to  establish
12    reasonable regulations for  the  installation,  construction,
13    maintenance,  repair,  renewal,  relocation  and  removal  of
14    pipes,  mains,  conduits,  cables,  wires,  towers, poles and
15    other  equipment  and  appliances   (herein   called   public
16    utilities)  of  any  public  utility as defined in the Public
17    Utilities Act along, over or under  any  toll  road  project.
18    Whenever  the  Authority shall determine that it is necessary
19    that any such public utility facilities which now are located
20    in, on, along, over or  under  any  project  or  projects  be
21    relocated  or  removed  entirely  from  any  such  project or
22    projects,  the  public  utility  owning  or  operating   such
23    facilities  shall  relocate  or remove the same in accordance
24    with the order of the Authority. All costs  and  expenses  of
25    such  relocation or removal, including the cost of installing
26    such facilities in a new location or locations, and the  cost
27    of  any  land  or  lands,  or  interest in land, or any other
28    rights required to  accomplish  such  relocation  or  removal
29    shall  be  ascertained and paid by the Authority as a part of
30    the cost of any such project or projects, and further,  there
31    shall  be  no  rent,  fee or other charge of any kind imposed
32    upon the public utility owning or  operating  any  facilities
33    ordered relocated on the properties of the said Authority and
34    the  said  Authority  shall  grant to the said public utility
 
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 1    owning or operating said facilities and  its  successors  and
 2    assigns  the right to operate the same in the new location or
 3    locations for as long a period and upon the  same  terms  and
 4    conditions  as  it had the right to maintain and operate such
 5    facilities in their former location or locations.
 6    (Source: P.A. 90-681, eff. 7-31-98.)

 7        (605 ILCS 10/16.2 new)
 8        Sec. 16.2.  Financial benefit prohibited.
 9        (a)  A director, employee, or agent of the Authority  may
10    not  receive  a  financial benefit from a contract let by the
11    Authority  during  his  or  her  term  of  service  with  the
12    Authority  and  for  a  period  of  one  year  following  the
13    termination of his or her term of service as  a  director  of
14    the Authority or as an employee or agent of the Authority.
15        (b)  A  member  of the immediate family or household of a
16    director, employee, or agent of the Authority may not receive
17    a financial benefit from a  contract  let  by  the  Authority
18    during  the  immediate  family  or household member's term of
19    service with the Authority and  for  a  period  of  one  year
20    following   the   termination  of  the  immediate  family  or
21    household member's term of  service  as  a  director  of  the
22    Authority or as an employee or agent of the Authority.
23        (c)  A  director, employee, or agent of the Authority may
24    not  use  material  non-public   information   for   personal
25    financial gain nor may he or she disclose that information to
26    any  other  person  for that person's personal financial gain
27    when that information was obtained as a result of his or  her
28    directorship, employment, or agency with the Authority.
29        (d)  A  member  of the immediate family or household of a
30    director, employee, or agent of the  Authority  may  not  use
31    material  non-public  information for personal financial gain
32    nor may he or she disclose  that  information  to  any  other
33    person  for  that  person's personal financial gain when that
 
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 1    information was obtained as a result of his or her  immediate
 2    family  or  household  member's  directorship, employment, or
 3    agency with the Authority.
 4        (e)  For purposes of this Section, "immediate  family  or
 5    household  member"  means the spouse, child, parent, brother,
 6    sister,   grandparent,   or   grandchild   whether   of   the
 7    whole-blood, half-blood, or adoption, or a person who  shares
 8    a common dwelling with a director of the Authority or with an
 9    employee or agent of the Authority.

10        (605 ILCS 10/20.2 new)
11        Sec. 20.2. Comprehensive Strategic Financial Plan.
12        (a)  The  Authority  must submit to the General Assembly,
13    not later than December 31,  2003,  a  15-year  comprehensive
14    strategic  financial  plan.  The  plan  must include detailed
15    information regarding the Authority's  income,  expenditures,
16    debt, capital needs, and the cost of any planned toll highway
17    extensions.  The Authority must provide detailed and specific
18    information regarding how it will  fund  its  debt,  unfunded
19    capital needs, and the planned toll highway extensions.  This
20    information must include the possibility of obtaining federal
21    funds,  both  loans  and  grants,  under  the  Transportation
22    Infrastructure Innovation Act or other federal programs.
23        (b)  Before submitting the plan under subsection (a), the
24    Authority  must  hold at least 2 public hearings at which any
25    person  may  appear,  express   opinions,   suggestions,   or
26    objections,  or  direct  inquiries  relating  to the proposed
27    plan. The Authority may not hold more than one hearing on the
28    same day in connection with the proposed plan. The  Authority
29    must  schedule a minimum of 4 hours for each such hearing. At
30    least 3 directors of the Authority must be  present  at  each
31    such  hearing, and each such director must be present for the
32    entire duration of the hearing.