Public Act 101-0398
Public Act 0398 101ST GENERAL ASSEMBLY
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Public Act 101-0398
| | SB0158 Enrolled | LRB101 06750 HLH 51777 b |
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| AN ACT concerning revenue.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Property Tax Code is amended by changing | Section 15-60 as follows:
| (35 ILCS 200/15-60)
| Sec. 15-60. Taxing district property. All property | belonging to any county
or municipality used exclusively for | the maintenance of the poor is exempt,
as is all property owned | by a taxing district that is being held for future
expansion or | development, except if leased by the taxing district to lessees
| for use for other than public purposes.
| Also exempt are:
| (a) all swamp or overflowed lands belonging to any | county;
| (b) all public buildings belonging to any county, | township, or
municipality, with the ground on which the | buildings are erected;
| (c) all property owned by any municipality located | within its
incorporated limits. Any such property leased by | a municipality shall
remain exempt, and the leasehold | interest of the lessee shall be assessed under
Section | 9-195 of this Act, (i) for a lease entered into on or after |
| January 1,
1994, unless the lease expressly provides that | this exemption shall not apply;
(ii) for a lease entered | into on or after the effective date of Public Act
87-1280 | and before January 1, 1994, unless the lease expressly | provides that
this exemption shall not apply or unless | evidence other than the lease itself
substantiates the | intent of the parties to the lease that this exemption | shall
not apply; and (iii) for a lease entered into before | the effective date of
Public Act 87-1280, if the terms of | the lease do not bind the lessee to pay the
taxes on the | leased property or if, notwithstanding the terms of the | lease, the
municipality has filed or hereafter files a | timely exemption petition or
complaint with respect to | property consisting of or including the leased
property for | an assessment year which includes part or all of the first | 12
months of the lease period. The foregoing clause (iii) | added by Public Act
87-1280 shall not operate to exempt | property for any assessment year as to
which no timely | exemption petition or complaint has been filed by the
| municipality or as to which an administrative or court | decision denying
exemption has become final and | nonappealable. For each assessment year or
portion thereof | that property is made exempt by operation of the foregoing
| clause (iii), whether such year or portion is before or | after the effective
date of Public Act 87-1280, the | leasehold interest of the lessee shall, if
necessary, be |
| considered omitted property for purposes of this Act;
| (c-5) Notwithstanding clause (i) of subsection (c), or | any other law to the contrary, for a municipality with a | population over 100,000, all property owned by the
a | municipality, or property interests or rights held by the | municipality, regardless of whether such property, | interests, or rights are, in whole or in part, within or | without its corporate limits, with a population of over | 500,000 that is used for toll road or
toll bridge purposes | and that is leased or licensed for those purposes to | another entity
whose property or property interests or | rights are is not exempt shall remain exempt, and any | leasehold interest in such
the property, interest, or | rights shall not be subject to taxation under Section 9-195 | of this Code Act;
| (d) all property owned by any municipality located | outside its
incorporated limits but within the same county | when used as a tuberculosis
sanitarium, farm colony in | connection with a house of correction, or nursery,
garden, | or farm, or for the growing of shrubs, trees, flowers, | vegetables, and
plants for use in beautifying, | maintaining, and operating playgrounds, parks,
parkways, | public grounds, buildings, and institutions owned or | controlled
by the municipality;
| (e) all property owned by a township and operated as | senior citizen
housing under Sections 35-50 through |
| 35-50.6 of the Township Code; and | (f) all property owned by the Executive Board of the | Mutual Aid Box Alarm System (MABAS), a unit of | intergovernmental cooperation, that is used for the public | purpose of disaster preparedness and response for units of | local government and the State of Illinois pursuant to | Section 10 of Article VII of the Illinois Constitution and | the Intergovernmental Cooperation Act.
| All property owned by any municipality outside of its | corporate limits is
exempt if used exclusively for municipal or | public purposes.
| For purposes of this Section, "municipality" means a | municipality, as
defined in Section 1-1-2 of the Illinois | Municipal Code.
| (Source: P.A. 98-206, eff. 1-1-14.)
| Section 10. The Toll Highway Act is amended by changing | Section 11 as follows:
| (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..
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| (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.)
| Section 15. The Toll Bridge Act is amended by changing | Section 7 as follows:
| (605 ILCS 115/7) (from Ch. 137, par. 7)
|
| Sec. 7. The county board shall fix the rates of toll, and | may from time to
time, alter and change the same, including by | establishing a toll rate schedule, setting a maximum toll rate | that may be adjusted from time to time, or by establishing | another toll rate structure, and in case of the neglect of the | owner of
the bridge to keep the same in proper repair and safe | for the crossing of
persons and property, may prohibit the | taking of toll. Except as regarding toll bridges or as | otherwise provided by law, nothing in this amendatory Act of | the 101st General Assembly shall be construed to authorize a | county, municipality, local government, or private operator to | impose a toll upon any public road, street, or highway; nor | shall any provision of this amendatory Act of the 101st General | Assembly be construed to authorize, pursuant to an | intergovernmental agreement or otherwise, the imposition of | any toll upon any public road, street, or highway. | The General Assembly finds that electronic toll collection | systems in Illinois should be standardized to promote safety, | efficiency, and traveler convenience. If electronic toll | collection is used on such bridge, the county shall cause the | configuration of the electronic toll collection system to be | compatible with the electronic toll collection system used by | the Illinois State Toll Highway Authority. The municipality or | private operator may enter into an intergovernmental agreement | with the Illinois State Toll Highway Authority to provide for | such compatibility or to have the Authority provide electronic |
| toll collection or toll violation enforcement services. Any | toll bridges in Winnebago County that are in operation and | collecting tolls on the effective date of this amendatory Act | of the 97th General Assembly are exempt from the provisions of | the Act.
| (Source: P.A. 97-252, eff. 8-4-11.)
| Section 20. The Illinois Vehicle Code is amended by adding | Sections 3-704.3 and 6-306.8 as follows:
| (625 ILCS 5/3-704.3 new) | Sec. 3-704.3. Failure to satisfy fines or penalties for | toll bridge violations; suspension of vehicle registration. | (a) Notwithstanding any law to the contrary, upon the | Secretary's receipt of a report, as described in subsection | (b), from a private tolling authority stating that the owner of | a registered vehicle has failed to satisfy any fees, fines, | charges, or penalties resulting from a final invoice or notice | by the private tolling authority relating directly or | indirectly to 5 or more toll violations, the Secretary shall | suspend the vehicle registration of the person in accordance | with the procedures set forth in this Section. | (b) The report from the private tolling authority notifying | the Secretary of unsatisfied fees, fines, charges, or penalties | may be generated by the private tolling authority and received | by the Secretary by automated process. The report shall contain |
| the following: | (1) The name, last known address, and driver's license | number of the person who failed to satisfy the fees, fines, | charges, or penalties, and the registration number of any | vehicle known to be registered in this State to that | person. | (2) A statement that the private tolling authority sent | a notice of impending suspension of the person's vehicle | registration to the person named in the report at the | address recorded with the Secretary; the date on which the | notice was sent; and the address to which the notice was | sent. | (c) Following the Secretary's receipt of a report described | in subsection (b), the Secretary shall notify the person whose | name appears on the report that the person's vehicle | registration will be suspended at the end of a specified period | unless the Secretary is presented with a notice from the | private tolling authority stating that the fees, fines, | charges, or penalties owed to the private tolling authority | have been satisfied or that inclusion of that person's name on | the report described in subsection (b) was in error. The | Secretary's notice shall state in substance the information | contained in the private tolling authority's report to the | Secretary described in subsection (b), and shall be effective | as specified by subsection (c) of Section 6-211. | (d) The private tolling authority, after making a report to |
| the Secretary described in subsection (b), shall notify the | Secretary, on a form prescribed by the Secretary or by | automated process, whenever a person named in the report has | satisfied the previously reported fees, fines, charges, or | penalties or whenever the private tolling authority determines | that the original report was in error. A copy of the | notification shall also be given upon request and at no | additional charge to the person named therein. Upon receipt of | the private tolling authority's notification, the Secretary | shall lift the suspension. | (e) The private tolling authority shall establish | procedures for persons to challenge the accuracy of the report | described in subsection (b). The procedures shall provide the | grounds for a challenge, which may include: | (1) the person not having been the owner or lessee of
| the vehicle or vehicles receiving 5 or more toll violations | on the date or dates the violations occurred; or | (2) the person having already satisfied the fees, | fines, charges, or penalties for the 5 or more toll | violations indicated on the report described in subsection | (b). | (f) The Secretary and the Authority may promulgate rules | necessary to implement this Section. | (g) The Secretary, the Authority, and the private tolling | authority shall cooperate with one another in the | administration and implementation of this Section. |
| (h) The Secretary shall provide the Authority and the | private tolling authority with any information the Authority or | the private tolling authority may deem necessary for the | purposes of this Section or for the private tolling authority's | invoicing, collection, and administrative functions, including | regular and timely access to driver's license, vehicle | registration, and license plate information, and the | Secretary's driver, title, and vehicle record databases. | Section 2-123 does not apply to the provision of such | information, but the Secretary shall be entitled to | reimbursement for its costs in providing such information. | (i) The Authority shall provide the Secretary and the | private tolling authority with any information the Secretary or | the private tolling authority may deem necessary for purposes | of this Section or for the private tolling authority's | invoicing, collection, and administrative functions, including | regular and timely access to toll violation records. | (j) As used in this Section: | "Authority" means the Illinois State Toll Highway | Authority. | "Private tolling authority" means the owner, lessee, | licensee, or operator of a toll bridge authorized under the | Toll Bridge Act. | "Secretary" means the Illinois Secretary of State.
| (625 ILCS 5/6-306.8 new) |
| Sec. 6-306.8. Failure to satisfy fines or penalties for | toll bridge violations; suspension of driving privileges. | (a) Notwithstanding any law to the contrary, upon the | Secretary's receipt of a report, as described in subsection | (b), from a private tolling authority stating that the owner of | a registered vehicle has failed to satisfy any fees, fines, | charges, or penalties resulting from a final invoice or notice | by the private tolling authority relating directly or | indirectly to 5 or more toll violations, the Secretary shall | suspend the driving privileges of the person in accordance with | the procedures set forth in this Section. | (b) The report from the private tolling authority notifying | the Secretary of unsatisfied fees, fines, charges, or penalties | may be generated by the private tolling authority and received | by the Secretary by automated process. The report shall contain | the following: | (1) The name, last known address, and driver's license | number of the person who failed to satisfy the fees, fines, | charges, or penalties, and the registration number of any | vehicle known to be registered in this State to that | person. | (2) A statement that the private tolling authority sent | a notice of impending suspension of the person's driver's | license to the person named in the report at the address | recorded with the Secretary; the date on which the notice | was sent; and the address to which the notice was sent. |
| (c) Following the Secretary's receipt of a report described | in subsection (b), the Secretary shall notify the person whose | name appears on the report that the person's driver's license | will be suspended at the end of a specified period unless the | Secretary is presented with a notice from the private tolling | authority stating that the fees, fines, charges, or penalties | owed to the private tolling authority have been satisfied or | that inclusion of that person's name on the report described in | subsection (b) was in error. The Secretary's notice shall state | in substance the information contained in the private tolling | authority's report to the Secretary described in subsection | (b), and shall be effective as specified by subsection (c) of | Section 6-211, except as to those drivers who also have been | issued a CDL. If a person also has been issued a CDL, notice of | suspension of that person's driver's license must be given in | writing by certified mail and is effective on the date listed | in the notice of suspension, except that the notice is not | effective until 4 days after the date on which the notice was | deposited into the United States mail. The notice becomes | effective 4 days after its deposit into the United States mail | regardless of whether the Secretary of State receives the | return receipt and regardless of whether the written | notification is returned for any reason to the Secretary of | State as undeliverable. | (d) The private tolling authority, after making a report to | the Secretary described in subsection (b), shall notify the |
| Secretary, on a form prescribed by the Secretary or by | automated process, whenever a person named in the report has | satisfied the previously reported fees, fines, charges, or | penalties or whenever the private tolling authority determines | that the original report was in error. A copy of the | notification shall also be given upon request and at no | additional charge to the person named therein. Upon receipt of | the private tolling authority's notification, the Secretary | shall lift the suspension. | (e) The private tolling authority shall establish | procedures for persons to challenge the accuracy of the report | described in subsection (b). The procedures shall provide the | grounds for a challenge, which may include: | (1) the person not having been the owner or lessee of | the vehicle or vehicles receiving 5 or more toll violations | on the date or dates the violations occurred; or | (2) the person having already satisfied the fees, | fines, charges, or penalties for the 5 or more toll | violations indicated on the report described in subsection | (b). | (f) The Secretary and the Authority may promulgate rules | necessary to implement this Section. | (g) The Secretary, the Authority, and the private tolling | authority shall cooperate with one another in the | administration and implementation of this Section. | (h) The Secretary shall provide the Authority and the |
| private tolling authority with any information the Authority or | the private tolling authority may deem necessary for purposes | of this Section or for the private tolling authority's | invoicing, collection, and administrative functions, including | regular and timely access to driver's license, vehicle | registration, and license plate information, and the | Secretary's driver, title, and vehicle record databases. | Section 2-123 does not apply to the provision of such | information, but the Secretary shall be entitled to | reimbursement for its costs in providing such information. | (i) The Authority shall provide the Secretary and the | private tolling authority with any information the Secretary or | the private tolling authority may deem necessary for purposes | of this Section or for the private tolling authority's | invoicing, collection, and administrative functions, including | regular and timely access to toll violation records. | (j) As used in this Section: | "Authority" means the Illinois State Toll Highway | Authority. | "Private tolling authority" means the owner, lessee, | licensee, or operator of a toll bridge authorized under the | Toll Bridge Act. | "Secretary" means the Illinois Secretary of State.
| Section 99. Effective date. This Act takes effect upon | becoming law. |
Effective Date: 8/16/2019
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