(605 ILCS 10/8.5) Sec. 8.5. Toll Highway Inspector General. (a) The Governor shall, with the advice and consent of the Senate by three-fifths of the elected members concurring by record vote, appoint a Toll Highway Inspector General for the purpose of detection, deterrence, and prevention of fraud, corruption, and mismanagement in the Authority. The Toll Highway Inspector General shall serve a 5-year term. If, during a recess of the Senate, there is a vacancy in the office of the Toll Highway Inspector General, the Governor shall make a temporary appointment until the next meeting of the Senate when the Governor shall make a nomination to fill that office. No person rejected for the office of the Toll Highway Inspector General shall, except by the Senate's request, be nominated again for that office at the same session of the Senate or be appointed to that office during a recess of that Senate. The Governor may not appoint a relative, as defined by item (6) of Section 10-15 of the State Officials and Employees Ethics Act, as the Toll Highway Inspector General. The Toll Highway Inspector General may be removed only for cause and may be removed only by the Governor. (b) The Toll Highway Inspector General shall have the following qualifications: (1) has not been convicted of any felony under the |
| laws of this State, another state, or the United States;
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(2) has earned a baccalaureate degree from an
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| institution of higher education; and
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(3) has 5 or more years of cumulative service (i)
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| with a federal, state, or local law enforcement agency, at least 2 years of which have been in a progressive investigatory capacity; (ii) as a federal, state, or local prosecutor; (iii) as a federal or state judge with a criminal docket; (iv) as a senior manager or executive of a federal, state, or local agency; or (v) representing any combination of (i) through (iv).
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(c) The term of the initial Toll Highway Inspector General shall commence upon qualification and shall run through June 30, 2015. The initial appointments shall be made within 60 days after the effective date of this amendatory Act of the 96th General Assembly. After the initial term, each Toll Highway Inspector General shall serve for 5-year terms commencing on July 1 of the year of appointment and running through June 30 of the fifth following year. A Toll Highway Inspector General may be reappointed to one or more subsequent terms. A vacancy occurring other than at the end of a term shall be filled by the Governor only for the balance of the term of the Toll Highway Inspector General whose office is vacant. Terms shall run regardless of whether the position is filled.
(d) The Toll Highway Inspector General shall have jurisdiction over the Authority and all board members, officers, and employees of, and vendors, subcontractors, and others doing business with the Authority. The jurisdiction of the Toll Highway Inspector General is to investigate allegations of fraud, waste, abuse, mismanagement, misconduct, nonfeasance, misfeasance, or malfeasance. Investigations may be based on complaints from any source, including anonymous sources, and may be self-initiated, without a complaint. An investigation may not be initiated more than five years after the most recent act of the alleged violation or of a series of alleged violations except where there is reasonable cause to believe that fraudulent concealment has occurred. To constitute fraudulent concealment sufficient to toll this limitations period, there must be an affirmative act or representation calculated to prevent discovery of the fact that a violation has occurred. The authority to investigate alleged violations of the State Officials and Employees Ethics Act by officers, employees, vendors, subcontractors, and others doing business with the Authority shall remain with the Office of the Governor's Executive Inspector General. The Toll Highway Inspector General shall refer allegations of misconduct under the State Officials and Employees Ethics Act to the Office of the Governor's Executive Inspector General for investigation. Upon completion of its investigation into such allegations, the Office of the Governor's Executive Inspector General shall report the results to the Toll Highway Inspector General, and the results of the investigation shall remain subject to any applicable confidentiality provisions in the State Officials and Employees Ethics Act. Where an investigation into a target or targets is split between allegations of misconduct under the State Officials and Employees Ethics Act, investigated by the Office of the Governor's Executive Inspector General, and allegations that are not of misconduct under the State Officials and Employees Ethics Act, investigated by the Toll Highway Inspector General, the Toll Highway Inspector General shall take reasonable steps, including continued consultation with the Office of the Governor's Executive Inspector General, to ensure that its investigation will not interfere with or disrupt any investigation by the Office of the Governor's Executive Inspector General or law enforcement authorities. In instances in which the Toll Highway Inspector General continues to investigate other allegations associated with allegations that have been referred to the Office of the Governor's Executive Inspector General pursuant to this subsection, the Toll Highway Inspector General shall report the results of its investigation to the Office of the Governor's Executive Inspector General.
(e)(1) If the Toll Highway Inspector General, upon the conclusion of an investigation, determines that reasonable cause exists to believe that fraud, waste, abuse, mismanagement, misconduct, nonfeasance, misfeasance, or malfeasance has occurred, then the Toll Highway Inspector General shall issue a summary report of the investigation. The report shall be delivered to the appropriate authority pursuant to paragraph (3) of subsection (f) of this Section, which shall have 20 days to respond to the report.
(2) The summary report of the investigation shall
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(A) a description of any allegations or other
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| information received by the Toll Highway Inspector General pertinent to the investigation.
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(B) a description of any alleged misconduct
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| discovered in the course of the investigation.
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(C) recommendations for any corrective or
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| disciplinary action to be taken in response to any alleged misconduct described in the report, including but not limited to discharge.
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(D) other information the Toll Highway Inspector
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| General deems relevant to the investigation or resulting recommendations.
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(3) Within 60 days after issuance of a final summary
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| report that resulted in a suspension of at least 3 days or termination of employment, the Toll Highway Inspector General shall make the report available to the public by presenting the report to the Board of the Authority and by posting to the Authority's public website. The Toll Highway Inspector General shall redact information in the summary report that may reveal the identity of witnesses, complainants, or informants or if the Toll Highway Inspector General determines it is appropriate to protect the identity of a person before the report is made public. The Toll Highway Inspector General may also redact any information that he or she believes should not be made public, taking into consideration the factors set forth in this subsection and paragraph (1) of subsection (k) of this Section and other factors deemed relevant by the Toll Highway Inspector General to protect the Authority and any investigations by the Toll Highway Inspector General, other inspector general offices or law enforcement agencies. Prior to publication, the Toll Highway Inspector General shall permit the respondents and the appropriate authority pursuant to paragraph (3) of subsection (f) of this Section to review the report and the documents to be made public and offer suggestions for redaction or provide a response that shall be made public with the summary report, provided, however, that the Toll Highway Inspector General shall have the sole and final authority to decide what redactions should be made. The Toll Highway Inspector General may make available to the public any other summary report and any such responses or a redacted version of the report and responses.
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(4) When the Toll Highway Inspector General concludes
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| that there is insufficient evidence that a violation has occurred, the Toll Highway Inspector General shall close the investigation. The Toll Highway Inspector General shall provide the appropriate authority pursuant to paragraph (3) of subsection (f) of this Section with a written statement of the Toll Highway Inspector General's decision to close the investigation. At the request of the subject of the investigation, the Toll Highway Inspector General shall provide a written statement to the subject of the investigation of the Toll Highway Inspector General's decision to close the investigation. Closure by the Toll Highway Inspector General does not bar the Toll Highway Inspector General from resuming the investigation if circumstances warrant.
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(f) The Toll Highway Inspector General shall:
(1) have access to all information and personnel
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| necessary to perform the duties of the office.
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(2) have the power to subpoena witnesses and compel
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| the production of books and papers pertinent to an investigation authorized by this Section. A subpoena may be issued under this subparagraph (2) only by the Toll Highway Inspector General and not by members of the Toll Highway Inspector General's staff. Any person subpoenaed by the Toll Highway Inspector General has the same rights, under Illinois law, as a person subpoenaed by a grand jury. The power to subpoena or to compel the production of books and papers, however, shall not extend to the person or documents of a labor organization or its representatives insofar as the person or documents of a labor organization relate to the function of representing an employee subject to investigation under this Section. Subject to a person's privilege against self-incrimination, any person who fails to appear in response to a subpoena, answer any question, or produce any books or papers pertinent to an investigation under this Section, except as otherwise provided in this Section, or who knowingly gives false testimony in relation to an investigation under this Section is guilty of a Class A misdemeanor.
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(3) submit reports as required by this Section and
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| applicable administrative rules. Final reports and recommendations shall be submitted to the Authority's Executive Director and the Board of Directors for investigations not involving the Board. Final reports and recommendations shall be submitted to the Chair of the Board and to the Governor for investigations of any Board member other than the Chair of the Board. Final reports and recommendations for investigations of the Chair of the Board shall be submitted to the Governor.
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(4) assist and coordinate with the ethics officer for
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(5) participate in or conduct, when appropriate,
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| multi-jurisdictional investigations provided the investigation involves the Authority in some way, including, but not limited to, joint investigations with the Office of the Governor's Executive Inspector General, or with State, local, or federal law enforcement authorities.
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(6) serve as the Authority's primary liaison with law
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| enforcement, investigatory, and prosecutorial agencies and, in that capacity, the Toll Highway Inspector General may request any information or assistance that may be necessary for carrying out the duties and responsibilities provided by this Section from any local, state, or federal governmental agency or unit thereof.
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(7) review hiring and employment files of the
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| Authority to ensure compliance with Rutan v. Republican Party of Illinois, 497 U.S. 62 (1990), and with all applicable employment laws.
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(8) establish a policy that ensures the appropriate
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| handling and correct recording of all investigations conducted by the Office, and ensures that the policy is accessible via the Internet in order that those seeking to report suspected wrongdoing are familiar with the process and that the subjects of those allegations are treated fairly.
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(9) receive and investigate complaints or information
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| from an employee of the Authority concerning the possible existence of an activity constituting a violation of law, rules or regulations, mismanagement, abuse of authority, or substantial and specific danger to the public health and safety. Any employee of the Authority who knowingly files a false complaint or files a complaint with reckless disregard for the truth or falsity of the facts underlying the complaint may be subject to discipline.
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(10) review, coordinate, and recommend methods and
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| procedures to increase the integrity of the Authority.
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(g) Within six months of appointment, the initial Toll Highway Inspector General shall propose rules, in accordance with the provisions of the Illinois Administrative Procedure Act, establishing minimum requirements for initiating, conducting, and completing investigations. The rules must establish criteria for determining, based upon the nature of the allegation, the appropriate method of investigation, which may include, but is not limited to, site visits, telephone contacts, personal interviews, or requests for written responses. The rules must establish the process, contents, and timing for final reports and recommendations by the Toll Highway Inspector General and for a response and any remedial, disciplinary, or both action by an individual or individuals receiving the final reports and recommendations. The rules must also clarify how the Office of the Toll Highway Inspector General shall interact with other local, state, and federal law enforcement authorities and investigations. Such rules shall provide that investigations and inquiries by the Office of the Toll Highway Inspector General must be conducted in compliance with the provisions of any collective bargaining agreement that applies to the affected employees of the Authority and that any recommendation for discipline or other action against any employee by the Office of the Toll Highway Inspector General must comply with the provisions of any applicable collective bargaining agreement.
(h) The Office of the Toll Highway Inspector General shall be an independent office of the Authority. Within its annual budget, the Authority shall provide a clearly delineated budget for the Office of the Toll Highway Inspector General. The budget of the Office of the Toll Highway Inspector General shall be adequate to support an independent and effective office. Except with the consent of the Toll Highway Inspector General, the Authority shall not reduce the budget of the Office of the Toll Highway Inspector General by more than 10 percent (i) within any fiscal year or (ii) over the five-year term of each Toll Highway Inspector General. To the extent allowed by law and the Authority's policies, the Toll Highway Inspector General shall have sole responsibility for organizing the Office of the Toll Highway Inspector General within the budget established by the Toll Highway Board, including the recruitment, supervision, and discipline of the employees of that office. The Toll Highway Inspector General shall report directly to the Board of Directors of the Authority with respect to the prompt and efficient operation of the Office of the Tollway Highway Inspector General.
(i)(1) No Toll Highway Inspector General or employee of the Office of the Toll Highway Inspector General may, during his or her term of appointment or employment:
(A) become a candidate for any elective office;
(B) hold any other elected or appointed public office
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| except for appointments on governmental advisory boards or study commissions or as otherwise expressly authorized by law;
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(C) be actively involved in the affairs of any
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| political party or political organization; or
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(D) advocate for the appointment of another person to
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| an appointed public office or elected office or position or actively participate in any campaign for any elective office. As used in this paragraph (1), "appointed public office" means a position authorized by law that is filled by an appointing authority as provided by law and does not include employment by hiring in the ordinary course of business.
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(2) No Toll Inspector General or employee of the Office of the Toll Highway Inspector General may, for one year after the termination of his or her appointment or employment:
(A) become a candidate for any elective office;
(B) hold any elected public office; or
(C) hold any appointed State, county, or local
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(3) The requirements of subparagraph (C) of paragraph (2) of this subsection may be waived by the Executive Ethics Commission.
(j) All Board members, officers and employees of the Authority have a duty to cooperate with the Toll Highway Inspector General and employees of the Office of the Toll Highway Inspector General in any investigation undertaken pursuant to this Section. Failure to cooperate includes, but is not limited to, intentional omissions and knowing false statements. Failure to cooperate with an investigation pursuant to this Section is grounds for disciplinary action, including termination of employment. Nothing in this Section limits or alters a person's existing rights or protections under State or federal law.
(k)(1) The identity of any individual providing information or reporting any possible or alleged misconduct to the Toll Highway Inspector General shall be kept confidential and may not be disclosed without the consent of that individual, unless the individual consents to disclosure of his or her name or disclosure of the individual's identity is otherwise required by law. The confidentiality granted by this subsection does not preclude the disclosure of the identity of a person in any capacity other than as the source of an allegation.
(2) Subject to the provisions of subsection (e) of this Section, the Toll Highway Inspector General, and employees and agents of the Office of the Toll Highway Inspector General, shall keep confidential and shall not disclose information exempted from disclosure under the Freedom of Information Act or by this Act.
(l) If the Toll Highway Inspector General determines that any alleged misconduct involves any person not subject to the jurisdiction of the Toll Highway Inspector General, the Toll Highway Inspector General shall refer the reported allegations to the appropriate Inspector General, appropriate ethics commission or other appropriate body. If the Toll Highway Inspector General determines that any alleged misconduct may give rise to criminal penalties, the Toll Highway Inspector General may refer the allegations regarding that misconduct to the appropriate law enforcement authority. If a Toll Highway Inspector General determines that any alleged misconduct resulted in the loss of public funds in an amount of $5,000 or greater, the Toll Highway Inspector General shall refer the allegations regarding that misconduct to the Attorney General and any other appropriate law enforcement authority.
(m) The Toll Highway Inspector General shall provide to the Governor, the Board of the Authority, and the General Assembly a summary of reports and investigations made under this Section no later than March 31 and September 30 of each year. The summaries shall detail the final disposition of the Inspector General's recommendations. The summaries shall not contain any confidential or identifying information concerning the subjects of the reports and investigations. The summaries shall also include detailed, recommended administrative actions and matters for consideration by the Governor, the Board of the Authority, and the General Assembly.
(n) Any employee of the Authority subject to investigation or inquiry by the Toll Highway Inspector General or any agent or representative of the Toll Highway Inspector General concerning misconduct that is criminal in nature shall have the right to be notified of the right to remain silent during the investigation or inquiry and the right to be represented in the investigation or inquiry by an attorney or a representative of a labor organization that is the exclusive collective bargaining representative of employees of the Authority. Any investigation or inquiry by the Toll Highway Inspector General or any agent or representative of the Toll Highway Inspector General must be conducted in accordance with the rights of the employees as set forth in State and federal law and applicable judicial decisions. Any recommendations for discipline or any action taken against any employee by the Toll Highway Inspector General or any representative or agent of the Toll Highway Inspector General must comply with the provisions of the collective bargaining agreement that applies to the employee.
(o) Nothing in this Section shall diminish the rights, privileges, or remedies of a State employee under any other federal or State law, rule, or regulation or under any collective bargaining agreement.
(Source: P.A. 96-1347, eff. 1-1-11.)
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(605 ILCS 10/9) (from Ch. 121, par. 100-9)
Sec. 9.
The Authority shall have the power:
(a) To prepare, or cause to be prepared detailed |
| plans, specifications and estimates, from time to time, for the construction, relocation, repair, maintenance and operation of toll highways within and through the State of Illinois.
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(b) To acquire, hold and use real and personal
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| property, including rights, rights-of-way, franchises, easements and other interests in land as it may desire, or as may be necessary or convenient for its authorized purposes by purchase, gift, grant or otherwise, and to take title thereto; to acquire in the manner that may now or hereafter be provided for by the law of eminent domain of this State, any real or personal property (including road building materials and public lands, parks, playgrounds, reservations, highways or parkways, or parts thereof, or rights therein, of any person, railroad, public service, public utility, or municipality or political subdivision) necessary or convenient for its authorized purpose. Such acquisition of real property, whether by purchase, gift, condemnation or otherwise, wherever necessary or convenient in the discretion of the Authority, may include the extension of existing rights and easements of access, use and crossing held by any person or persons, interests in land abutting on existing highways, and remnants or remainder property; and such acquisitions of real property may be free and clear of, and without any rights or easements of access, use and crossing in favor of any person or persons including interest in any land adjacent or contiguous to the land so acquired, provided however, that nothing herein contained shall be construed to authorize the taking or damaging of any private property for such purposes by the Authority, without just compensation.
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(c) To accept conveyance of fee simple title to, or
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| any lesser interest in, land, rights or property conveyed by the Department of Transportation under Section 4-508.1 of the Illinois Highway Code.
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(c-1) To establish presently the approximate
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| locations and widths of rights of way for future additions to the toll highway system to inform the public and prevent costly and conflicting development of the land involved.
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The Authority shall hold a public hearing whenever
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| approximate locations and widths of rights of way for future toll highway additions are to be established. The hearing shall be held in or near the county or counties in which the land to be used is located and notice of the hearing shall be published in a newspaper or newspapers of general circulation in the county or counties involved. Any interested person or his or her representative may be heard. The Authority shall evaluate the testimony given at the hearing.
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The Authority shall make a survey and prepare a map
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| showing the location and approximate widths of the rights of way needed for future additions to the toll highway system. The map shall show existing highways in the area involved and the property lines and owners of record of all land that will be needed for the future additions and all other pertinent information. Approval of the map with any changes resulting from the hearing shall be indicated in the record of the hearing and a notice of the approval and a copy of the map shall be filed in the office of the recorder for all counties in which the land needed for future additions is located.
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Public notice of the approval and filing shall be
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| given in newspapers of general circulation in all counties in which the land is located and shall be served by registered mail within 60 days thereafter on all owners of record of the land needed for future additions.
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The Authority may approve changes in the map from
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| time to time. The changes shall be filed and notice given in the manner provided for an original map.
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After the map is filed and notice thereof given to
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| the owners of record of the land needed for future additions, no person shall incur development costs or place improvements in, upon, or under the land involved nor rebuild, alter, or add to any existing structure without first giving 60 days' notice by registered mail to the Authority. This prohibition shall not apply to any normal or emergency repairs to existing structures. The Authority shall have 45 days after receipt of that notice to inform the owner of the Authority's intention to acquire the land involved, after which it shall have an additional 120 days to acquire the land by purchase or to initiate action to acquire the land through the exercise of the right of eminent domain. When the right of way is acquired by the Authority, no damages shall be allowed for any construction, alteration, or addition in violation of this subsection (c-1) unless the Authority has failed to acquire the land by purchase or has abandoned an eminent domain proceeding initiated in accordance with this subsection (c-1).
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Any right of way needed for additions to the toll
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| highway system may be acquired at any time by the Authority. The time of determination of the value of the property to be taken under this Section for additions to the toll highway system shall be the date of the actual taking, if the property is acquired by purchase, or the date of the filing of a complaint for condemnation, if the property is acquired through the exercise of the right of eminent domain, rather than the date when the map of the proposed right of way was filed of record.
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(c-2) Not more than 10 years after a protected
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| corridor is established under subsection (c-1), and not later than the expiration of each 10-year period thereafter, the Authority shall hold a public hearing to discuss the viability and feasibility of the protected corridor. Following the hearing and giving due consideration to the information obtained at the hearing, the Board of Directors of the Authority shall vote to either continue or abolish the protected corridor.
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(d) It is hereby declared, as a matter of legislative
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| determination, that the fundamental goal of the people of Illinois is the educational development of all persons to the limits of their capacities, and this educational development requires the provision of environmentally and physically safe facilities.
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If the building line of a building used primarily for
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| the purpose of educating elementary or secondary students lies within 100 feet of any ingress or egress ramp that is used or that has been used by traffic exiting or entering any toll highway operated by the Toll Highway Authority, the Toll Highway Authority shall acquire the building, together with any property owned, leased, or utilized adjacent to it and pertaining to its educational operations, from the school district that owns or operates it, for just compensation. "Just compensation" for purposes of this subsection (d) means the replacement cost of the building and adjacent property so that the students educated in the building have the opportunity to be educated according to standards prevailing in the State of Illinois.
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(Source: P.A. 89-297, eff. 8-11-95; 90-681, eff. 7-31-98.)
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(605 ILCS 10/9.45)
Sec. 9.45.
Additional Payments for Dwelling and Rental of Dwelling.
(a) In addition to the amounts authorized to be paid under this Act by
the Authority, the Authority may, as a part of the cost of construction, make
a payment not to exceed $25,000 to any displaced person who is displaced
from a dwelling acquired for a toll highway project actually owned and
occupied by the displaced person for not less than 180 days before the
initiation of negotiations for the acquisition of the property. The payment
shall include the following elements:
(1) The amount, if any, which, when added to the |
| acquisition cost of the dwelling acquired equals the reasonable cost of a comparable replacement dwelling determined in accordance with standards established by the Authority to be a decent, safe, and sanitary dwelling adequate to accommodate the displaced person, reasonably accessible to public services and places of employment, and available on the private market.
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(2) The amount, if any, which will compensate the
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| displaced person for any increased interest costs which the person is required to pay for financing the acquisition of any such comparable replacement dwelling. The amount shall be paid only if the dwelling acquired by the Authority was encumbered by a bona fide mortgage which was a valid lien on the dwelling for not less than 180 days before the initiation of negotiations for the acquisition of the dwelling.
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(3) Reasonable expenses incurred by the displaced
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| person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses.
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(b) The additional payment authorized under subsection (a) shall not
exceed $25,000 and shall be made only to a displaced person who purchases
and occupies a replacement dwelling that meets the standards established by
the Authority to be decent, safe and sanitary, not later than the end of the
one year period beginning on the date on which he or she receives from the
Authority final payment of all costs of the acquired dwelling, or on the date
on which he or she moves from the dwelling acquired for the highway
project, whichever is the later date.
(c) Any displaced person who is not eligible to receive payment under
subsection (a) and who is displaced from any dwelling which was actually and
lawfully occupied by the displaced person for not less than 90 days before
the initiation of negotiations for acquisition of the dwelling, may be paid by
the Authority either (1) an amount necessary to enable the displaced person
to lease or rent, for a period not to exceed 42 months, a decent, safe, and
sanitary dwelling of standards adequate to accommodate the person in areas
not generally less desirable in regard to public utilities and public and
commercial facilities and reasonably accessible to his or her place of
employment, but not to exceed the sum of $5,250, or (2) the amount
necessary to enable the person to make a down payment, including
incidental expenses described in item (1) of this subsection (c), on the
purchase of a decent, safe, and sanitary dwelling of standards adequate to
accommodate the person in areas not generally less desirable in regard to
public utilities and public and commercial facilities, but not to exceed the
amount payable under item (1) of this subsection (c), except that in the case
of a homeowner who owned and occupied the displaced dwelling for at
least 90 days but not more than 180 days immediately before the initiating
of negotiations, the down payment shall not exceed the amount payable
under this Act for persons who owned and occupied the property for 180
days before the initiation of negotiations.
(d) If comparable replacement sale or rental housing is not available
within the limitations of this Section, the Authority may make a payment in
excess of the maximum payments authorized by this Section as required to
provide replacement housing.
(Source: P.A. 90-681, eff. 7-31-98.)
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(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 |
| or parts thereof, and classification of such vehicles;
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(2) Designation of the lanes of traffic to be used by
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| the different types of vehicles permitted upon said highways;
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(3) Stopping, standing, and parking of vehicles;
(4) Control of traffic by means of police officers or
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(5) Control or prohibition of processions, convoys,
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| and assemblages of vehicles and persons;
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(6) Movement of traffic in one direction only on
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| 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
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| traffic signs; and to prescribe further rules and regulations applicable to such traffic, concerning matters not provided for either in the foregoing enumeration or in the Illinois Vehicle Code. Notice of such rules and regulations shall be posted conspicuously and displayed at appropriate points and at reasonable intervals along said highways, by clearly legible markers or signs, to provide notice of the existence of such rules and regulations to persons traveling on said highways. At each toll station, the Authority shall make available, free of charge, pamphlets containing all of such rules and regulations.
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(c) The Authority, in fixing the rate for tolls for the privilege of
using the said toll highways, is authorized and directed, in fixing such
rates, to base the same upon annual estimates to be made, recorded and
filed with the Authority. Said estimates shall include the following: The
estimated total amount of the use of the toll highways; the estimated
amount of the revenue to be derived therefrom, which said revenue, when
added to all other receipts and income, will be sufficient to pay the
expense of maintaining and operating said toll highways, including the
administrative expenses of the Authority, and to discharge all obligations
of the Authority as they become due and payable.
(d) To accept from any municipality or political subdivision any lands,
easements or rights in land needed for the operation, construction,
relocation or maintenance of any toll highways, with or without payment
therefor, and in its discretion to reimburse any such municipality or
political subdivision out of its funds for any cost or expense incurred in
the acquisition of land, easements or rights in land, in connection with
the construction and relocation of the said toll highways, widening,
extending roads, streets or avenues in connection therewith, or for the
construction of any roads or streets forming extension to and connections
with or between any toll highways, or for the cost or expense of widening,
grading, surfacing or improving any existing streets or roads or the
construction of any streets and roads forming extensions of or connections
with any toll highways constructed, relocated, operated, maintained or
regulated hereunder by the Authority. Where property owned by a
municipality or political subdivision is necessary to the construction of
an approved toll highway, if the Authority cannot reach an agreement with
such municipality or political subdivision and if the use to which the
property is being put in the hands of the municipality or political
subdivision is not essential to the existence or the administration of such
municipality or political subdivision, the Authority may acquire the
property by condemnation.
(Source: P.A. 99-214, eff. 1-1-16; 100-1180, eff. 2-28-19.)
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(605 ILCS 10/11) (from Ch. 121, par. 100-11)
Sec. 11. The Authority shall have power:
(a) To enter upon lands, waters and premises in the State for the
purpose of making surveys, soundings, drillings and examinations as may be
necessary, expedient or convenient for the purposes of this Act, and such
entry shall not be deemed to be a trespass, nor shall an entry for such
purpose be deemed an entry under any condemnation proceedings which may be
then pending; provided, however, that the Authority shall make
reimbursement for any actual damage resulting to such lands, waters and
premises as the result of such activities.
(b) To construct, maintain and operate stations for the collection of
tolls or charges upon and along any toll highways.
(c) To provide for the collection of tolls and charges for the privilege
of using the said toll highways.
Before it adopts an increase in the
rates for toll, the Authority shall hold a public
hearing at which any person may appear, express opinions, suggestions, or
objections, or direct inquiries relating to the proposed increase.
Any person may submit a written statement to the Authority at
the hearing, whether appearing in person or not. The hearing shall be held in
the county in which the proposed
increase of the rates is to take place. The
Authority shall give notice of the hearing by advertisement on
3 successive days at least 15 days prior to the date of the hearing in a daily
newspaper of general circulation within the county within which the
hearing is held.
The notice shall state the date, time, and place of the hearing, shall contain
a description of the proposed increase, and shall
specify how interested persons may obtain copies of any reports, resolutions,
or certificates describing the basis on which the proposed change, alteration,
or modification was calculated. After consideration of any statements filed or
oral opinions, suggestions, objections, or inquiries made at the hearing, the
Authority may proceed to adopt the proposed increase
of the rates for toll. No change or alteration in or modification
of the rates for toll shall be effective unless at least 30 days
prior to the effective date of such rates notice thereof
shall be given to
the public by publication in a newspaper of general circulation, and such
notice, or notices, thereof shall be posted and publicly displayed at each
and every toll station upon or along said toll highways.
(d) To construct, at the Authority's discretion, grade separations
at intersections with any railroads, waterways, street railways, streets,
thoroughfares, public roads or highways intersected by the said toll
highways, and to change and adjust the lines and grades thereof so as to
accommodate the same to the design of such grade separation and to
construct interchange improvements. The Authority is authorized to provide
such grade separations or interchange improvements at its own cost or to
enter into contracts or agreements with reference to division of cost
therefor with any municipality or political subdivision of the State of
Illinois, or with the Federal Government, or any agency thereof, or with
any corporation, individual, firm, person or association. Where such
structures have been or will be built by the Authority, the local highway agency or municipality with jurisdiction shall enter into an agreement with the Authority for the ongoing maintenance of the structures.
(e) To contract with and grant concessions to or lease or license to any
person, partnership, firm, association or corporation so desiring the use
of any part of any toll highways, excluding the paved portion thereof, but
including the right of way adjoining, under, or over said paved portion for
the placing of telephone, telegraph, electric, power lines and other
utilities, and for the placing of pipe lines, and to enter into operating
agreements with or to contract with and grant concessions to or to lease to
any person, partnership, firm, association or corporation so desiring the
use of any part of the toll highways, excluding the paved portion thereof,
but including the right of way adjoining, or over said paved portion for
motor fuel service stations and facilities, garages, stores and
restaurants, or for any other lawful purpose, and to fix the terms,
conditions, rents, rates and charges for such use.
By January 1, 2016, the Authority shall construct and
maintain at least one electric vehicle charging station at any location where the Authority has entered into an agreement with any entity pursuant to this subsection (e) for the purposes of providing motor fuel service stations and facilities, garages, stores, or
restaurants. The Authority shall charge a fee for the use of these charging stations to offset the costs of constructing and maintaining these charging stations. The Authority shall
adopt rules to implement the erection, user fees, and maintenance of electric vehicle charging stations pursuant to this subsection (e). The Authority shall also have power to establish reasonable regulations
for the installation, construction, maintenance, repair, renewal,
relocation and removal of pipes, mains, conduits, cables, wires, towers,
poles and other equipment and appliances (herein called public utilities)
of any public utility as defined in the Public Utilities Act along,
over or under any toll road project. Whenever the Authority shall determine
that it is necessary that any such public utility facilities which now are
located in, on, along, over or under any project or projects be relocated
or removed entirely from any such project or projects, the public utility
owning or operating such facilities shall relocate or remove the same in
accordance with the order of the Authority. All costs and expenses of such
relocation or removal, including the cost of installing such facilities in
a new location or locations, and the cost of any land or lands, or interest
in land, or any other rights required to accomplish such relocation or
removal shall be ascertained and paid by the Authority as a part of the
cost of any such project or projects, and further, there shall be no rent,
fee or other charge of any kind imposed upon the public utility owning or
operating any facilities ordered relocated on the properties of the said
Authority and the said Authority shall grant to the said public utility
owning or operating said facilities and its successors and assigns the
right to operate the same in the new location or locations for as long a
period and upon the same terms and conditions as it had the right to
maintain and operate such facilities in their former location or locations.
(f) To enter into an intergovernmental agreement or contract with a unit of local government or other
public or private entity for the collection, enforcement, and administration
of tolls,
fees, revenue, and violations, including for a private bridge operator's collection, enforcement, and administration of tolls, violations, fees, fines, charges, and penalties in connection with a bridge authorized under the Toll Bridge Act.
The General Assembly finds that electronic toll collection systems in Illinois should be standardized to promote safety, efficiency, and traveler convenience. The Authority shall cooperate with other public and private entities to further the goal of standardized toll collection in Illinois and is authorized to provide toll collection and toll violation enforcement services to such entities when doing so is in the best interest of the Authority and consistent with its obligations under Section 23 of this Act.
(Source: P.A. 100-71, eff. 1-1-18; 101-398, eff. 8-16-19.)
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(605 ILCS 10/16.1) (from Ch. 121, par. 100-16.1)
Sec. 16.1.
(A) All contracts for services or supplies required from
time to time by the Authority in the maintenance and operation of any
toll highway or part thereof under the provisions of this Act or all
direct contracts for supplies to be used in the construction of any toll
highway or part thereof to be awarded under this Section, rather than as
a part of a contract pursuant to Section 16 of this Act, when the amount
of any such supplies or services is in excess of a small purchase amount, as defined in Section 20-20 of the Illinois Procurement Code, shall
be let to the lowest responsible bidder or bidders, on open, competitive
bidding after public advertisement made at least 5 days prior to the
opening of bids, in the Illinois Procurement Bulletin, in such manner and on one or more occasions as may be prescribed
by the Authority, except that bidding shall not be required in the
following cases:
1. Where the goods or services to be procured are |
| economically procurable from only one source, such as contracts for telephone service, electric energy and other public utility services, housekeeping services, books, pamphlets and periodicals and specially designed business equipment and software.
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2. Where the services required are for professional,
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| technical or artistic skills.
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3. Where the services required are for advertising,
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| promotional and public relations services.
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4. In emergencies, provided that an affidavit of the
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| person or persons authorizing the expenditure shall be filed with the Authority and the Auditor General within 10 days after such authorization setting forth the conditions and circumstances requiring the emergency purchase, the amount expended and the name of the vendor or contractor involved; if only an estimate is available, however, within the 10 days allowed for filing the affidavit, the actual cost shall be reported immediately after it is determined.
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5. In case of expenditures for personal services.
6. Contracts for equipment and spare parts in support
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| thereof for the maintenance and operation of any toll highway, or any part thereof, whenever, the Authority shall, by resolution, declare and find that a particular make and type of equipment is required for efficient maintenance and operation and proper servicing, for uniformity in and integration with the spare parts program and inventory control, or for other reasons peculiar to the problems of the toll highway or its previously acquired equipment; however, competition and competitive bids shall be obtained by the Authority with respect to such specified equipment or spare parts, insofar as possible, and when effective, pursuant to public advertisement as hereinbefore provided.
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7. Contracts for insurance, fidelity and surety bonds.
8. Contracts or agreements for the completion of a
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| terminated or defaulted contract or agreement.
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(B) The solicitation for bids shall be in conformance with accepted
business practices and the method of solicitation shall be set out in
detail in the rules and regulations of the Authority.
(C) Proposals received pursuant to public advertisement shall be
publicly opened at the day and hour and at the place specified in the
solicitation for such bids.
(D) Successful bidders for such services and supplies shall enter
into contracts furnished and prescribed by the Authority.
(E) All purchases, contracts or other obligations or expenditures of
funds by the Authority shall be in accordance with rules and regulations
governing the Authority's procurement practice and procedures and the
Authority shall promulgate and publish such practices and procedures in
sufficient number for distribution to persons interested in bidding on
purchases or contracts to be let by the Authority. Such rules and
regulations shall be kept on file with the Secretary of the Authority at
all times and shall be available for inspection by members of the public
at all reasonable times and hours.
Such rules and regulations shall be filed and become effective in
connection with the Illinois Administrative Procedure Act.
(F) Any contract entered into for purchase or expenditure of funds
of the Authority made in violation of this Act or the rules and
regulations in pursuance thereof is void and of no effect.
(G) Warrant. All sellers to the Authority shall attach a statement
to the delivery invoice attesting that the standards set forth in the
contracts have been met. The statement shall be substantially in the
following form:
"The Seller,.... hereby certifies that the goods, merchandise and
wares shipped in accordance with the attached delivery invoice have met
all the required standards set forth in the purchasing contract.
....(Seller)."
(H) Whoever violates the provisions of this Section, or the rules
and regulations adopted in pursuance thereof, is guilty of a Class A
misdemeanor.
(Source: P.A. 96-592, eff. 8-18-09.)
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(605 ILCS 10/17) (from Ch. 121, par. 100-17)
Sec. 17.
(a) The Authority may from time to time issue bonds for any
lawful purpose including, without limitation, the costs of issuance thereof
and all such bonds or other obligations of the Authority
issued pursuant to this Act shall be and are hereby declared to be
negotiable for all purposes notwithstanding their payment from a limited
source and without regard to any other law or laws.
(b) The bonds of every issue shall be payable solely out of revenues of
the Authority, accumulated reserves or sinking funds, bond proceeds,
proceeds of refunding bonds, or investment earnings as the Authority shall
specify in a bond resolution.
(c) The bonds may be issued as serial bonds or as term bonds, or the
Authority, in its discretion, may issue bonds of both types. The bonds
shall be authorized by a bond resolution of the Authority, may be issued
in one or more series and shall bear such date or dates, mature at such
time or times not exceeding 25 years from their respective date or dates of
issue, bear interest at such rate or rates, fixed or variable, without
regard to any limit contained in any other statute or law of
the State of Illinois, be payable as to principal and interest at such time
or times, be in such denominations, be in such form, either coupon or fully
registered, carry such registration and conversion privileges, be payable
in lawful money of the United States of America at such places, be
subject to such terms of redemption and may contain such other terms and
provisions, as such bond resolution or resolutions
may provide. The bonds shall be executed by the manual or facsimile
signatures of the Chairman and the Secretary. In case any of the officers
whose signature appears on the bonds or coupons, if any, shall cease to be an
officer before the delivery of such bonds, such signature shall
nevertheless be valid and sufficient for all purposes, as if he had
remained in office until such delivery. The bonds shall be sold in such
manner as the Authority shall determine. The proceeds from the sale of
such bonds shall be paid to the Treasurer of the State of Illinois as ex
officio custodian. Pending preparation of the definitive bonds, the
Authority may issue interim receipts or certificates which shall be
exchanged for such definitive bonds.
(d) Any bond resolution, or trust indenture entered into pursuant to a
bond resolution, may contain provisions, which shall be a part of
the contract with the holders of the bonds to be authorized, as to: (i)
pledging or creating a lien upon all or part of the revenues of the
Authority or any reserves, sinking funds, bond proceeds or investment
earnings; (ii) the setting aside of reserves or sinking funds, and the
regulation, investment and disposition thereof; (iii) the use and
maintenance requirements for the toll highways; (iv) the purposes to which
or the investments in which the proceeds of sale of any series or issue of
bonds then or thereafter to be issued may be applied; (v)
the issuance of additional bonds, the terms upon which
additional bonds may be issued and secured, the purposes for such
additional bonds, and the terms upon which additional
bonds may rank on a parity with, or be subordinate or superior to other
bonds; (vi) the refunding of outstanding bonds; (vii) the procedure, if
any, by which the terms of any contract with bondholders may be amended or
abrogated, the amount of bonds the holders of which must consent thereto,
and the manner in which such consent may be given; (viii) defining the acts
or omissions to act which shall constitute a default in the duties of the
Authority to holders of its obligations and providing the rights and
remedies of such holders in the event of a default; (ix) any other matters
relating to the bonds which the Authority deems desirable.
(e) Neither the directors of the Authority nor any person executing the
bonds shall be liable personally on the bonds or be subject to any personal
liability or accountability by reason of the issuance thereof.
(f) The Authority shall have power out of any funds available therefor
to purchase its bonds. The Authority may hold, pledge, cancel or resell
such bonds subject to and in accordance with agreements with bondholders.
(g) In the discretion of the Authority any bonds issued under the
provisions of this Act may be secured by a trust indenture by and between
the Authority and a trustee or trustees, which may be any trust
company or bank in the State of Illinois having the powers of a trust
company and possessing capital and surplus of not less than $50,000,000.
The bond resolution or trust indenture providing for the issuance of bonds
so secured shall pledge such revenues of the Authority, sinking funds,
bond proceeds, or investment earnings as may be specified therein, may
contain such provisions for protecting and enforcing the rights and
remedies of the bondholders as may be reasonable and proper and not in
violation of law, including particularly such provisions as have
hereinabove been specifically authorized to be included in any bond
resolution or trust indenture of the Authority, and may restrict the
individual right of action by bondholders. In addition to the foregoing,
any bond resolution or trust indenture may contain such other provisions as
the Authority may deem reasonable and proper for the security of the
bondholders, including, but not limited to, the purchase of bond insurance
and the arrangement of letters of credit, lines of credit or other credit
or liquidity enhancement facilities; provided there shall be no pledge of
the toll highway or any part thereof. All expenses incurred in carrying
out the provisions of any bond resolution or trust indenture may be treated
as a part of the cost of the operation of the toll highways.
(h) Bonds issued under the authority of this Act do not, and shall state
upon the face of each bond that they do not, represent or constitute a debt
of the Authority or of the State of Illinois within the meaning of any
constitutional or statutory limitation or a pledge of the faith and credit
of the Authority or the State of Illinois, or grant to the owners or holders
thereof any right to have the Authority or the General Assembly levy any
taxes or appropriate any funds for the payment of the principal thereof or
interest thereon. Such bonds shall be payable and shall state that they are
payable solely from the revenues and the sources authorized under this Act
and pledged for their payment in accordance with the bond resolution or trust indenture.
Nothing in this Act shall be construed to authorize the Authority or any
department, board, commission or other agency to create an obligation of
the State of Illinois within the meaning of the Constitution or Statutes
of Illinois.
(i) Any resolution or trust indenture authorizing the issuance
of the bonds may include provision for the issuance of additional bonds. All
resolutions of the Authority to
carry such adopted bond resolutions into effect, to provide
for the sale and delivery of the bonds, for letting of contracts for the
construction of toll highways and the acquisition of real and personal
property deemed by the Authority necessary or convenient for the
construction thereof, shall not require the approval of the Governor or of
any other department, division, commission, bureau, board or other agency of the State.
(Source: P.A. 83-1258.)
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(605 ILCS 10/19.1) Sec. 19.1. Confidentiality of personally identifiable information obtained through electronic toll collection system. (a) For purposes of this Section: "Electronic toll collection system" is a system where a transponder, camera-based vehicle identification system, or other electronic medium is used to deduct payment of a toll from a subscriber's account or to establish an obligation to pay a toll. "Electronic toll collection system user" means any natural person who subscribes to an electronic toll collection system or any natural person who uses a tolled transportation facility that employs the Authority's electronic toll collection system. "Personally identifiable information" means any information that identifies or describes an electronic toll collection system user, including but not limited to travel pattern data, address, telephone number, e-mail address, license plate number, photograph, bank account information, or credit card number. (b) Except as otherwise provided in this Section, the Authority may not sell or otherwise provide to any person or entity personally identifiable information of any electronic toll collection system user that the Authority obtains through the operation of its electronic toll collection system. (c) The Authority may, within practical business and cost constraints, store personally identifiable information of an electronic toll collection system user only if the information is required to perform account functions such as billing, account settlement, or toll violation enforcement activities. (d) By no later than December 31, 2011, the Authority shall establish a privacy policy regarding the collection and use of personally identifiable information. Upon its adoption, the policy shall be posted on the Authority's website and a copy shall be included with each transponder transmitted to a user. The policy shall include but need not be limited to the following: (1) A description of the types of personally |
| identifiable information collected by the Authority.
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(2) The categories of third-party persons or entities
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| with whom the Authority may share personally identifiable information and for what purposes that information is shared.
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(3) The process by which the Authority notifies
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| electronic toll collection system users of material changes to its privacy policy.
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(4) The process by which an electronic toll
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| collection system user may review and request changes to any of his or her personally identifiable information.
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(5) The effective date of the privacy policy.
(e) This Section does not prohibit the Authority from:
(1) providing aggregated traveler information derived
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| from collective data relating to a group or category of electronic toll collection system users from which personally identifiable information has been removed;
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(2) sharing data with another transportation agency
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| or third-party vendor to comply with interoperability specifications and standards regarding electronic toll collection devices and technologies, provided that the other transportation agency or third-party vendor may not use personally identifiable information obtained under this Section for a purpose other than described in this Section;
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(3) performing financial, legal and accounting
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| functions such as billing, account settlement, toll violation enforcement, or other activities required to operate and manage its toll collection system;
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(4) communicating about products and services offered
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| by itself, a business partner, or another public agency;
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(5) using personally identifiable information in
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| research projects, provided that appropriate confidentiality restrictions are employed to protect against the unauthorized release of such information;
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(6) releasing personally identifiable information in
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| response to a warrant, subpoena or lawful order from a court of competent jurisdiction;
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(7) releasing personally identifiable information to
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| law enforcement agencies in the case of an emergency when obtaining a warrant or subpoena would be impractical; and
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(8) releasing personally identifiable information to
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| the Authority's Inspector General or, at the Inspector General's direction, to law enforcement agencies under paragraphs (5) and (6) of subsection (f) of Section 8.5 of this Act.
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(f) In any agreement allowing another public entity to use the Authority's toll collection system in a transportation facility, the Authority shall require the other public entity to comply with the requirements of this Section.
(g) Personally identifiable information generated through the
Authority's toll collection process that reveals the date, time, location or
direction of travel by an electronic toll collection system user shall be
exempt from release under the Illinois Freedom of Information Act. The
exemption in this subsection shall not apply to information that concerns (i)
the public duties of public employees and officials; (ii) whether an electronic toll
collection system user has paid tolls; (iii) whether the Authority is
enforcing toll violation penalties against electronic toll collection users
who do not pay tolls; (iv) crashes or other incidents that occur on highways under the jurisdiction of the
Authority; or (v) the obligation, receipt, and use of the funds of the Authority. The exemption in this subsection (g) shall not be a limitation or restriction on other Freedom of Information Act exemptions applicable to personally identifiable information or private information.
(Source: P.A. 102-982, eff. 7-1-23.)
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(605 ILCS 10/20.1) (from Ch. 121, par. 100-20.1)
Sec. 20.1.
(a) The Authority is hereby authorized, by resolution, to
provide for the issuance, from time to time, of refunding or advance
refunding bonds for the
purpose of refunding any bonds then outstanding at maturity or on any
redemption date,
whether an entire issue or series, or
one or more issues or series, or any portions or parts of any issue or
series, which shall have been issued by the Authority or its predecessor,
the Illinois State Toll Highway Commission.
(b) The proceeds of any such refunding bonds may be used for any one or
more of the following purposes:
(1) To pay the principal amount of any outstanding |
| bonds to be retired at maturity or redeemed prior to maturity;
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(2) To pay the total amount of any redemption premium
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| incident to redemption of such outstanding bonds to be refunded;
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(3) To pay the total amount of any interest accrued
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| or to accrue to the date or dates of redemption or maturity of such outstanding bonds to be refunded;
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(4) To pay any and all costs or expenses incident to
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(5) To make deposits into an irrevocable trust in
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| accordance with subsection (f) of this Section 20.1. Refunding bonds may be issued in amounts sufficient to accomplish any one or more of the foregoing purposes, taking into consideration the income earned on bond proceeds prior to the application thereof or without taking such income into consideration.
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(c) The issuance of refunding bonds, the maturities and other details
thereof, the rights of the holders thereof and the rights, duties and
obligations of the Authority in respect of the same shall be governed by
the provisions of this Act, insofar as the same may be applicable, and may
in harmony therewith be adjusted and modified to conform to the facts and
circumstances prevailing in each instance of issuance of such refunding
bonds. The Authority need not comply with the requirements of any other
law applicable to the issuance of bonds other than as set forth in this Act.
(d) With reference to the investment of the proceeds of any such
refunding bonds, the Authority shall not authorize or anticipate investment
earnings exceeding such as are authorized or permitted under prevailing
federal laws, regulations and administrative rulings and interpretations
relating to arbitrage bonds.
(e) The proceeds of any such refunding bonds (together with any other
funds available for application to refunding purposes, if so provided or
permitted by resolution authorizing the issuance of such refunding bonds,
or in a trust indenture securing the same) may be placed in trust to be
applied to the purchase, retirement at maturity or redemption
of the bonds to be refunded on such dates as may be determined by the
Authority. Pending application thereof, the proceeds of such refunding
bonds and such other available funds, if any, may be invested in direct
obligations of, or obligations the principal of which and any interest on
which are unconditionally guaranteed by, the United States of America which
shall mature, or which shall be subject to redemption by the holder thereof
at its option, not later than the respective date or dates when such
proceeds and other available funds, if any, will be required for the
refunding purpose intended or authorized.
(f) Upon (1) the deposit of the proceeds of the refunding bonds (together
with any other funds available for application to refunding purposes, if so
provided or permitted by resolution authorizing the issuance of such
refunding bonds, or in a trust indenture securing the same) in an
irrevocable trust pursuant to a trust agreement with a trustee requiring
the trustee to satisfy the obligations of the Authority to timely
pay at maturity or upon prior redemption the outstanding bonds for which
the proceeds of the refunding bonds and other
funds, if any, are deposited, in an amount sufficient to satisfy the
obligations of the Authority to timely pay at maturity or upon prior redemption such
outstanding bonds, or (2) the deposit in such irrevocable trust of direct
obligations of, or obligations the principal and interest of which are
unconditionally guaranteed by, the United States of America in an amount
sufficient,
without regard to
investment earnings thereon, to satisfy the obligations of the Authority to
timely pay at maturity or upon prior redemption such outstanding bonds, or
(3) the deposit in such irrevocable trust of obligations referred to in (2)
above in an amount sufficient so that, taking into account investment
earnings, upon maturity (or
upon optional redemption by the trustee) of such obligations amounts will
be produced on a timely basis sufficient to satisfy the obligations of the
Authority to timely pay at maturity or upon prior redemption such
outstanding bonds, such outstanding bonds shall be deemed paid and no
longer be deemed to be outstanding for purposes of such resolution or trust
indenture and all rights and obligations under any such prior resolution or
trust indenture shall be deemed discharged notwithstanding any provision of
any such outstanding bonds or any resolution or trust indenture authorizing
the issuance of such outstanding bonds;
provided, however, that the holders of such outstanding bonds
shall have an irrevocable and unconditional right to payment in full of all
principal of and premium, if any, and interest on such outstanding bonds,
at maturity or upon prior redemption,
from the amounts on deposit in such trust. The trustee shall be
any trust company or bank in the State of Illinois having the power of a
trust company possessing capital and surplus of not less than $100,000,000.
(g) It is hereby found and determined that the contractual rights of
the bondholders under any such prior resolution or trust indenture will not
be impaired by a refunding pursuant to the provisions of this Section 20.1
in that, the payment of such outstanding bonds having been provided for as
set forth herein, the bondholders' rights and security as to payment of the
principal of, premium, if any, and interest on such outstanding bonds will
have been enhanced, and the bondholders shall suffer no financial loss. It
is hereby further found and determined that a refunding of any outstanding
bonds of the Authority pursuant to this Section 20.1 shall further the
purposes set forth in Section 1.
(Source: P.A. 92-16, eff. 6-28-01.)
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(605 ILCS 10/23) (from Ch. 121, par. 100-23)
Sec. 23. Legislative declaration; Authority budget.
(a) It is hereby declared, as a matter of legislative determination, that it is in the best interest of the State of Illinois, the public, and the holders of Authority bonds that Authority funds be expended only on goods and services that protect and enhance the efficiency, safety, and environmental quality of the toll highway system. (b) The Authority shall spend moneys received from the issuance of bonds and as tolls or otherwise in the operation of the toll highway system only on the following: (1) operations and maintenance expenditures that are |
| reasonable and necessary to keep the toll highway system in a state of good repair in accordance with contemporary highway safety and maintenance standards;
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(2) principal and interest payments and payment of
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| other obligations the Authority has incurred in connection with bonds issued under this Act;
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(3) renewal and replacement expenditures necessary
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| and sufficient to protect and preserve the long-term structural integrity of the toll highway system; and
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(4) system improvement expenditures necessary and
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| sufficient to improve and expand the toll highway system, subject to the requirements of this Act.
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(c) Any moneys remaining after the expenditures listed in subsection (b) may be spent only for reasonable and necessary Authority purposes that will enhance the safety, efficiency, and environmental quality of the toll highway system in a cost-effective manner. Authority funds may not be spent for purposes not reasonably related to toll highway operations and improvements or in a manner that is not cost-effective.
(d) The Authority must at all times maintain a reserve for maintenance and operating expenses that is no more than 130% of the operating expenses it has budgeted for its current fiscal year, unless the requirements of any bond resolution or trust indenture then securing obligations of the Authority mandate a greater amount.
(e) The Authority shall file with the Governor, the Clerk of the House
of Representatives, the Secretary of the Senate, and the Commission on Government Forecasting and Accountability, on or prior to March 15th of each year, a written
statement and report covering its activities for the preceding calendar
year. The Authority shall present, to the committees of the House
of Representatives designated by the Speaker of the House and to the committees
of the Senate designated by the President of the Senate, an annual report
outlining its planned
revenues and expenditures. The Authority shall prepare an annual capital
plan which identifies
capital projects by location and details the project costs in correct
dollar amounts. The Authority shall also prepare and file a ten-year
capital plan that includes a listing of all capital improvement projects
contemplated during the ensuing ten-year period. The first ten-year
capital plan shall be filed in 1991 and thereafter on the anniversary of
each ten-year period.
(f) It shall be the duty of the Auditor General of the State of
Illinois, annually to audit or cause to be audited the books and records of
the Authority and to file a certified copy of the report of such audit with
the Governor and with the Legislative Audit Commission, which audit
reports, when so filed, shall be open to the public for inspection.
(g) The Authority shall hold a public hearing on its proposed annual budget, not less than 15 days before its directors meet to consider adoption of the annual budget, at which any person may appear, express opinions, suggestions, or objections, or direct inquiries relating to the proposed budget. The Authority must give notice of the hearing at least 15 days prior to the hearing stating the time, place, and purpose of the hearing in a daily newspaper of general circulation throughout the Authority's service area and by posting the meeting notice and a copy of the proposed budget on the Authority's website. The proceedings at the hearing shall be transcribed. The transcript shall be made available at reasonable hours for public inspection, and a copy of the transcript, together with a copy of all written statements submitted at the hearing, shall be submitted to the directors before the vote on adoption of the proposed annual budget.
(h) The Authority shall post on its website copies of its annual report and its budget for the current year, along with any other financial information necessary to adequately inform the public of the Authority's financial condition and capital plan.
(i) The requirements set forth in subsections (b) through (g) may not be construed or applied in a manner that impairs the rights of bondholders under any bond resolution or trust indenture entered into in accordance with a bond resolution authorized by the Authority's directors, nor may those requirements be construed as a limitation on the Authority's powers as set forth elsewhere in this Act.
(Source: P.A. 93-1067, eff. 1-15-05; 94-636, eff. 8-22-05.)
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