605 ILCS 10/10

(605 ILCS 10/10) (from Ch. 121, par. 100-10)

Sec. 10.

The Authority shall have power:

(a) To pass resolutions, make by-laws, rules and regulations for the
management, regulation and control of its affairs, and to fix tolls, and to
make, enact and enforce all needful rules and regulations in connection
with the construction, operation, management, care, regulation or
protection of its property or any toll highways, constructed or
reconstructed hereunder.
Any by-laws adopted under this Section shall include a requirement that directors disclose and avoid potential conflicts of interest. The by-laws shall be posted on the Authority's website.

(a-5) To fix, assess, and collect civil fines for a vehicle's operation on
a toll highway without the required toll having been paid.
The Authority may
establish by rule a system of civil administrative adjudication to adjudicate
only alleged
instances of a vehicle's operation on a toll highway without the required toll
having been paid, as detected by the Authority's video or photo
surveillance system.
In cases in which the operator of the vehicle is not the registered
vehicle owner, the establishment of
ownership of the vehicle creates a rebuttable presumption that the vehicle was
being operated by an agent
of the registered vehicle owner. If the registered vehicle owner liable for a
violation under this Section was
not the operator of the vehicle at the time of the violation, the owner may
maintain an action for
indemnification against the operator in the circuit court.
Rules establishing a system of civil administrative
adjudication must
provide for written notice,
by first class mail or other means provided by law, to the address of the
registered owner of the cited
vehicle as recorded with the Secretary of State or to the lessee of the cited
vehicle at the last address known
to the lessor of the cited vehicle at the time of the lease,
of the
alleged violation and an opportunity to be heard on the question of the
violation and must provide for the establishment of a toll-free telephone
number to receive inquiries concerning alleged violations.
The notice shall also inform the registered vehicle owner that failure to
contest in the manner and time
provided shall be deemed an admission of liability and that a final order of
liability may be entered on that admission. A duly
authorized agent of the Authority may perform
or execute the preparation, certification, affirmation, or
mailing of the notice. A notice of violation, sworn or affirmed to or certified
by a duly authorized agent of
the Authority, or a facsimile of the notice, based upon an inspection of
photographs, microphotographs,
videotape, or other recorded images produced
by a video or photo surveillance system, shall be admitted as
prima facie evidence of the correctness of the facts contained in the notice or
facsimile.
Only civil fines,
along with the corresponding outstanding toll, and costs
may be imposed by
administrative adjudication.  A fine may be imposed under this paragraph only
if a violation is established by a preponderance of the evidence.  Judicial
review of all final orders of the Authority under this paragraph shall be
conducted in the circuit court of the county in which the administrative decision  was rendered in accordance with the Administrative Review Law.

The Authority may maintain a listing or searchable database on its website of persons or entities that have been issued one or more final orders of liability with a total amount due of more than $1,000 for tolls, fines, unpaid late fees, or administrative costs that remain unpaid after the exhaustion of, or the failure to exhaust, the judicial review procedures under the Administrative Review Law. Each entry may include the person's or entity's name as listed on the final order of liability.

Any outstanding toll, fine, additional late payment fine, other
sanction,
or costs imposed, or part of any fine, other sanction, or costs imposed, remaining unpaid after the exhaustion of, or the failure to
exhaust, judicial review procedures under the Administrative Review
Law are a debt due and owing
the Authority and may be collected in accordance
with applicable law. After expiration of the period in
which judicial review under the Administrative Review Law may be
sought,
unless stayed by a court of competent jurisdiction, a final order of
the Authority under this subsection (a-5)
may be enforced in
the same manner as a judgment entered by a court of competent jurisdiction.
Notwithstanding any other provision of this Act, the Authority may, with the approval of the Attorney General, retain a law firm or law firms with expertise in the collection of government fines and debts for the purpose of collecting fines, costs, and other moneys due under this subsection (a-5).

A system of civil administrative adjudication may also provide for a
program of vehicle
immobilization, tow, or impoundment for the purpose of facilitating
enforcement of any final order or orders of
the Authority under this subsection (a-5) that result in a finding or liability for 5 or more violations after
expiration of the period in which judicial review under the Administrative Review Law may be sought. The registered vehicle owner of a
vehicle immobilized, towed,
or impounded for nonpayment of a final order
of the Authority under this subsection (a-5) shall have the right
to request a hearing before the Authority's civil administrative adjudicatory
system to challenge the validity
of the immobilization, tow, or impoundment.
This hearing, however, shall not constitute a
readjudication of the merits of previously adjudicated notices.
Judicial review of all final orders of the
Authority under this subsection (a-5) shall be conducted
in the circuit court of the county in which the administrative decision was rendered in accordance with the Administrative Review Law.

No commercial entity that is the lessor of a vehicle under a written lease agreement shall be liable for an administrative notice of violation for toll evasion issued under this subsection (a-5) involving that vehicle during the period of the  lease if the lessor provides a copy of the leasing agreement to the Authority within 30 days of the issue date on the notice of violation. The leasing agreement also must contain a provision or addendum informing the lessee that the lessee is liable for payment of all tolls and any fines for toll evasion. Each entity must also post a sign at the leasing counter notifying the lessee of that liability.  The copy of the leasing agreement provided to the Authority must contain the name, address, and driver's license number of the lessee, as well as the check-out and return dates and times of the vehicle and the vehicle license plate number and vehicle make and model.

As used in this subsection (a-5), "lessor" includes commercial leasing and rental entities but does not include public passenger vehicle entities.

The Authority shall establish an amnesty program for
violations adjudicated under this subsection (a-5). Under the
program, any person who has an outstanding notice of violation
for toll evasion or a final order of a hearing officer for toll
evasion dated prior to the effective date of this amendatory
Act of the 94th General Assembly
and who pays to the
Authority the full percentage amounts listed in this paragraph
remaining due on the notice of violation or final order of the
hearing officer and the full fees and costs paid by the Authority to the Secretary of State relating to suspension proceedings, if applicable, on or before 5:00 p.m., Central Standard Time,
of the 60th day after the effective date of this amendatory Act
of the 94th General Assembly shall not be required to pay more
than the listed percentage of the original fine amount and
outstanding toll as listed on the notice of violation or final
order of the hearing officer and the full fees and costs paid by the Authority to the Secretary of State relating to suspension proceedings, if applicable. The payment percentage scale
shall be as follows: a person with 25 or fewer violations shall
be eligible for amnesty upon payment of 50% of the original
fine amount and the outstanding tolls; a person with more than
25 but fewer than 51 violations shall be eligible for amnesty
upon payment of 60% of the original fine amount and the
outstanding tolls; and a person with 51 or more violations
shall be eligible for amnesty upon payment of 75% of the
original fine amount and the outstanding tolls. In such a
situation, the Executive Director of the Authority or his or
her designee is authorized and directed to waive any late fine
amount above the applicable percentage of the original fine
amount. Partial payment of the amount due shall not be a basis
to extend the amnesty payment deadline nor shall it act to
relieve the person of liability for payment of the late fine

amount. In order to receive amnesty, the full amount of the
applicable percentage of the original fine amount and
outstanding toll remaining due on the notice of violation or
final order of the hearing officer and the full fees and costs paid by the Authority to the Secretary of State relating to suspension proceedings, if applicable, must be paid in full by 5:00
p.m., Central Standard Time, of the 60th day after the
effective date of this amendatory Act of the 94th General
Assembly. This amendatory Act of the 94th General Assembly has
no retroactive effect with regard to payments already tendered
to the Authority that were full payments or payments in an
amount greater than the applicable percentage, and this Act
shall not be the basis for either a refund or a credit. This
amendatory Act of the 94th General Assembly does not apply to
toll evasion citations issued by the Illinois State Police or
other authorized law enforcement agencies and for which payment
may be due to or through the clerk of the circuit court. The
Authority shall adopt rules as necessary to implement the
provisions of this amendatory Act of the 94th General Assembly.
The Authority, by a resolution of the Board of Directors, shall
have the discretion to implement similar amnesty programs in
the future.
The Authority, at its discretion and in consultation with the Attorney
General, is further authorized to settle an administrative fine or
penalty if it determines that settling for less than the full amount
is in the best interests of the Authority after taking into account
the following factors:
(1) the merits of the Authority's claim against the respondent;
(2) the amount that can be collected relative to the
administrative fine or penalty owed by the respondent;
(3) the cost of pursuing further enforcement or collection
action against the respondent;
(4) the likelihood of collecting the full amount owed; and
(5) the burden on the judiciary.
The provisions in this Section may be extended to other
toll facilities in the State of Illinois through a duly
executed agreement between the Authority and
the operator of the toll facility.

(b) To prescribe rules and regulations applicable to traffic on highways
under the jurisdiction of the Authority, concerning:

(1) Types of vehicles permitted to use such highways