State of Illinois
92nd General Assembly
Legislation

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92_SB1908

 
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 1        AN ACT in regard to highways.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Toll Highway Act is amended  by  changing
 5    Section 10 and by adding Sections 20.2 and 23.5 as follows:

 6        (605 ILCS 10/10) (from Ch. 121, par. 100-10)
 7        Sec.  10.  Authority  powers.   The  Authority shall have
 8    power:
 9        (a)  To  pass  resolutions,  make  by-laws,   rules   and
10    regulations for the management, regulation and control of its
11    affairs, and to fix tolls, and to make, enact and enforce all
12    needful   rules   and  regulations  in  connection  with  the
13    construction,  operation,  management,  care,  regulation  or
14    protection of its property or any toll highways,  constructed
15    or reconstructed hereunder.
16        (a-5)  To  fix,  assess,  and  collect  civil fines for a
17    vehicle's operation on a toll highway  without  the  required
18    toll having been paid.  The Authority may establish by rule a
19    system  of  civil  administrative  adjudication to adjudicate
20    only alleged instances of a vehicle's  operation  on  a  toll
21    highway  without  the  required  toll  having  been  paid, as
22    detected by the Authority's video surveillance system.  Rules
23    establishing a system of  civil  administrative  adjudication
24    must  provide for written notice of the alleged violation and
25    an opportunity to be heard on the question of  the  violation
26    and  must  provide  for  the  establishment  of  a  toll-free
27    telephone  number  to  receive  inquiries  concerning alleged
28    violations.    Only   civil   fines   may   be   imposed   by
29    administrative adjudication.  A fine  may  be  imposed  under
30    this  paragraph  only  if  a  violation  is  established by a
31    preponderance of the evidence.  Judicial review of all  final
 
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 1    orders  of  the  Authority  under  this  paragraph  shall  be
 2    conducted in accordance with the Administrative Review Law.
 3        (b)  To  prescribe  rules  and  regulations applicable to
 4    traffic on highways under the jurisdiction of the  Authority,
 5    concerning:
 6             (1)  Types   of   vehicles  permitted  to  use  such
 7        highways or parts thereof,  and  classification  of  such
 8        vehicles;
 9             (2)  Designation  of the lanes of traffic to be used
10        by the different types of vehicles  permitted  upon  said
11        highways;
12             (3)  Stopping, standing, and parking of vehicles;
13             (4)  Control  of traffic by means of police officers
14        or traffic control signals;
15             (5)  Control or prohibition of processions, convoys,
16        and assemblages of vehicles and persons;
17             (6)  Movement of traffic in one  direction  only  on
18        designated portions of said highways;
19             (7)  Control  of  the  access, entrance, and exit of
20        vehicles and persons to and from said highways; and
21             (8)  Preparation, location and installation  of  all
22        traffic   signs;  and  to  prescribe  further  rules  and
23        regulations  applicable  to  such   traffic,   concerning
24        matters   not   provided  for  either  in  the  foregoing
25        enumeration or in the Illinois Vehicle  Code.  Notice  of
26        such  rules and regulations shall be posted conspicuously
27        and displayed at appropriate  points  and  at  reasonable
28        intervals along said highways, by clearly legible markers
29        or  signs,  to  provide  notice  of the existence of such
30        rules  and  regulations  to  persons  traveling  on  said
31        highways. At each toll station, the Authority shall  make
32        available,  free  of  charge, pamphlets containing all of
33        such rules and regulations.
34        (c)  The Authority, in fixing the rate for tolls for  the
 
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 1    privilege  of using the said toll highways, is authorized and
 2    directed, in fixing such rates, to base the same upon  annual
 3    estimates  to be made, recorded and filed with the Authority.
 4    Said estimates shall include  the  following:  The  estimated
 5    total  amount  of the use of the toll highways; the estimated
 6    amount of the revenue to be  derived  therefrom,  which  said
 7    revenue, when added to all other receipts and income, will be
 8    sufficient  to  pay  the expense of maintaining and operating
 9    said toll highways, including the administrative expenses  of
10    the  Authority,  and  to  discharge  all  obligations  of the
11    Authority as they become due and payable.
12        (d)  To  accept  from  any  municipality   or   political
13    subdivision any lands, easements or rights in land needed for
14    the operation, construction, relocation or maintenance of any
15    toll  highways,  with or without payment therefor, and in its
16    discretion to reimburse any such  municipality  or  political
17    subdivision out of its funds for any cost or expense incurred
18    in  the  acquisition of land, easements or rights in land, in
19    connection with the construction and relocation of  the  said
20    toll  highways, widening, extending roads, streets or avenues
21    in connection therewith, or for the construction of any roads
22    or streets forming  extension  to  and  connections  with  or
23    between  any  toll  highways,  or  for the cost or expense of
24    widening,  grading,  surfacing  or  improving  any   existing
25    streets or roads or the construction of any streets and roads
26    forming  extensions  of or connections with any toll highways
27    constructed, relocated,  operated,  maintained  or  regulated
28    hereunder  by  the  Authority.  Where  property  owned  by  a
29    municipality  or  political  subdivision  is necessary to the
30    construction of an approved toll highway,  if  the  Authority
31    cannot reach an agreement with such municipality or political
32    subdivision and if the use to which the property is being put
33    in  the hands of the municipality or political subdivision is
34    not essential to the existence or the administration of  such
 
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 1    municipality  or  political  subdivision,  the  Authority may
 2    acquire the property by condemnation.
 3        (e)  To enter into  a  contract  with  a  unit  of  local
 4    government  or other public or private entity under which the
 5    Authority agrees to  collect  tolls,  fees,  or  revenues  by
 6    electronic means on behalf of that entity.
 7    (Source: P.A. 89-120, eff. 7-7-95.)

 8        (605 ILCS 10/20.2 new)
 9        Sec.  20.2.  Comprehensive  Strategic Financial Plan. The
10    Authority must submit to the General Assembly, not later than
11    January 1, 2003, a 20-year comprehensive strategic  financial
12    plan.  The  plan  must include detailed information regarding
13    the Authority's income, expenditures,  debt,  capital  needs,
14    and  the  cost  of  any  planned toll highway extensions. The
15    Authority must  provide  detailed  and  specific  information
16    regarding  how it will fund its debt, unfunded capital needs,
17    and the planned toll highway  extensions.   This  information
18    must include the possibility of obtaining federal funds, both
19    loans  and  grants,  under  the Transportation Infrastructure
20    Innovation Act or other federal programs.

21        (605 ILCS 10/23.5 new)
22        Sec. 23.5 Management audit.
23        (a)  The Auditor General shall conduct a management audit
24    of the State's toll highway operations and management.
25        (b)  The purpose of  the  audit  shall  be  to  determine
26    whether  the  Authority  is  managing or using its resources,
27    including toll and investment-generated  revenue,  personnel,
28    property,   equipment,   and  space,  in  an  economical  and
29    efficient manner.  The audit shall also determine the  causes
30    of  any  inefficiencies  or uneconomical practices, including
31    inadequacies in management information systems, internal  and
32    administrative  procedures,  organizational structure, use of
 
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 1    resources, allocation of personnel, purchasing policies,  and
 2    equipment.   In  addition  to  these matters, the audit shall
 3    specifically examine  the  process  by  which  the  Authority
 4    collects, transports, and counts toll collections.
 5        (c)  The Auditor General shall report his or her findings
 6    to  the  Governor  and  the  General  Assembly  no later than
 7    December 31, 2003.
 8        (d)  The Authority  shall  pay  the  cost  of  the  audit
 9    conducted under this Section.

10        Section  99.  Effective date.  This Act takes effect upon
11    becoming law.

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