Public Act 094-0636
 
SB1964 Enrolled LRB094 11336 DRH 42182 b

    AN ACT in relation to transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Toll Highway Act is amended by changing
Sections 10, 11, 17, 23, and 27.1 and by adding Sections 16.2,
16.3, and 27.2 as follows:
 
    (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.
    (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.
    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 21 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;
        (2) Designation of the lanes of traffic to be used by
    the different types of vehicles permitted upon said
    highways;
        (3) Stopping, standing, and parking of vehicles;
        (4) Control of traffic by means of police officers or
    traffic control signals;
        (5) Control or prohibition of processions, convoys,
    and assemblages of vehicles and persons;
        (6) Movement of traffic in one direction only on
    designated portions of said highways;
        (7) Control of the access, entrance, and exit of
    vehicles and persons to and from said highways; and
        (8) Preparation, location and installation of all
    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.
    (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. 89-120, eff. 7-7-95.)
 
    (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 built by the Authority and a
local highway agency did not enter into an agreement to the
contrary, the Authority shall maintain the entire structure,
including the road surface, at the Authority's expense.
    (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.
    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.
(Source: P.A. 90-681, eff. 7-31-98.)
 
    (605 ILCS 10/16.2 new)
    Sec. 16.2. Financial benefit prohibited.
    (a) A director, employee, or agent of the Authority may not
receive a financial benefit from a contract let by the
Authority during his or her term of service with the Authority
and for a period of one year following the termination of his
or her term of service as a director of the Authority or as an
employee or agent of the Authority.
    (b) A member of the immediate family or household of a
director, employee, or agent of the Authority may not receive a
financial benefit from a contract let by the Authority during
the immediate family or household member's term of service with
the Authority and for a period of one year following the
termination of the immediate family or household member's term
of service as a director of the Authority or as an employee or
agent of the Authority.
    (c) A director, employee, or agent of the Authority may not
use material non-public information for personal financial
gain nor may he or she disclose that information to any other
person for that person's personal financial gain when that
information was obtained as a result of his or her
directorship, employment, or agency with the Authority.
    (d) A member of the immediate family or household of a
director, employee, or agent of the Authority may not use
material non-public information for personal financial gain
nor may he or she disclose that information to any other person
for that person's personal financial gain when that information
was obtained as a result of his or her immediate family or
household member's directorship, employment, or agency with
the Authority.
    (e) For purposes of this Section, "immediate family or
household member" means the spouse, child, parent, brother,
sister, grandparent, or grandchild, whether of the whole blood
or half blood or by adoption, or a person who shares a common
dwelling with a director of the Authority or with an employee
or agent of the Authority.
 
    (605 ILCS 10/16.3 new)
    Sec. 16.3. Consistent with general law, the Authority
shall:
    (a) set goals for the award of contracts to disadvantaged
businesses and attempt to meet the goals;
    (b) attempt to identify disadvantaged businesses that
provide or have the potential to provide supplies, materials,
equipment, or services to the Authority;
    (c) give disadvantaged businesses full access to the
Authority's contact bidding process, inform the businesses
about the process, offer the businesses assistance concerning
the process, and identify and take all reasonable steps to
remove barriers to the businesses' participation in the
process.
 
    (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;
        (2) principal and interest payments and payment of
    other obligations the Authority has incurred in connection
    with bonds issued under this Act;
        (3) renewal and replacement expenditures necessary and
    sufficient to protect and preserve the long-term
    structural integrity of the toll highway system; and
        (4) system improvement expenditures necessary and
    sufficient to improve and expand the toll highway system,
    subject to the requirements of this Act.
    (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 also 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.)
 
    (605 ILCS 10/27.1)  (from Ch. 121, par. 100-27.1)
    Sec. 27.1. Any person who shall use any spurious or
counterfeit tickets, coupons or tokens in payment of any toll
required to be paid by the Authority under the provisions of
this Act, or who shall attempt to use the highway without
payment of the tolls prescribed by the Authority, shall be
deemed guilty of a petty offense and shall be fined not less
than $5 nor more than $100 for each such offense. The fine
range set forth in this Section for prosecution of toll evasion
as a petty offense shall not apply to toll evasion offenses
that are adjudicated in the Authority's administration system.
    The provisions in this Section may be extended to other
public toll facilities in this State through a duly executed
intergovernmental agreement between the Authority and another
public body Each day any toll highway is used by any person in
violation of this Act shall constitute a separate offense.
(Source: P.A. 77-2239.)
 
    (605 ILCS 10/27.2 new)
    Sec. 27.2. Obstruction of registration plate visibility to
electronic image recording.
    (a) A person may not operate on a toll highway any motor
vehicle that is equipped with tinted plastic or tinted glass
registration plate covers or any covers, coating, wrappings,
materials, streaking, distorting, holographic, reflective, or
other devices that obstruct the visibility or electronic image
recording of the plate. This subsection (a) shall not apply to
automatic vehicle identification transponder devices, cards or
chips issued by a governmental body or authorized by a
governmental body for the purpose of electronic payment of
tolls or other authorized payments, the exemption of which
shall preempt any local legislation to the contrary.
    (b) If a State or local law enforcement officer having
jurisdiction observes that a cover or other device or material
or substance is obstructing the visibility or electronic image
recording of the plate, the officer shall issue a Uniform
Traffic Citation and shall confiscate the cover or other device
that obstructs the visibility or electronic image recording of
the plate. If the State or local law enforcement officer having
jurisdiction observes that the plate itself has been physically
treated with a substance or material that is obstructing the
visibility or electronic image recording of the plate, the
officer shall issue a Uniform Traffic Citation and shall
confiscate the plate. The Secretary of State shall revoke the
registration of any plate that has been found by a court or
administrative tribunal to have been physically altered with
any chemical or reflective substance or coating that obstructs
the visibility or electronic image recording of the plate. A
fine of $750 shall be imposed in any instance where a plate
cover obstructs the visibility or electronic image recording of
the plate. A fine of $1,000 shall be imposed where a plate has
been physically altered with any chemical or reflective
substance or coating that obstructs the visibility or
electronic image recording of the plate.
    (c) The Illinois Attorney General may file suit against any
individual or entity offering or marketing the sale, including
via the Internet, of any product advertised as having the
capacity to obstruct the visibility or electronic image
recording of a license plate. In addition to injunctive and
monetary relief, punitive damages, and attorneys fees, the suit
shall also seek a full accounting of the records of all sales
to residents of or entities within the State of Illinois.
    (d) The provisions in this Section may be extended to other
public toll facilities in the State of Illinois through a duly
executed intergovernmental agreement between the Authority and
another public body.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.