Public Act 101-0398
 
SB0158 EnrolledLRB101 06750 HLH 51777 b


  
    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..


    (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.