|
|
|
HB4746 Engrossed |
|
LRB094 15349 DRH 50540 b |
|
|
1 |
| AN ACT concerning transportation.
|
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 |
| Sections 10, 11, and 19 as follows: |
6 |
| (605 ILCS 10/10) (from Ch. 121, par. 100-10)
|
7 |
| Sec. 10. The Authority shall have power:
|
8 |
| (a) To pass resolutions, make by-laws, rules and |
9 |
| regulations for the
management, regulation and control of its |
10 |
| affairs, and to fix tolls as provided in Section 19 of this |
11 |
| Act , and to
make, enact and enforce all needful rules and |
12 |
| regulations in connection
with the construction, operation, |
13 |
| management, care, regulation or
protection of its property or |
14 |
| any toll highways, constructed or
reconstructed hereunder.
|
15 |
| (a-5) To fix, assess, and collect civil fines for a |
16 |
| vehicle's operation on
a toll highway without the required toll |
17 |
| having been paid.
The Authority may
establish by rule a system |
18 |
| of civil administrative adjudication to adjudicate
only |
19 |
| alleged
instances of a vehicle's operation on a toll highway |
20 |
| without the required toll
having been paid, as detected by the |
21 |
| Authority's video or photo
surveillance system.
In cases in |
22 |
| which the operator of the vehicle is not the registered
vehicle |
23 |
| owner, the establishment of
ownership of the vehicle creates a |
24 |
| rebuttable presumption that the vehicle was
being operated by |
25 |
| an agent
of the registered vehicle owner. If the registered |
26 |
| vehicle owner liable for a
violation under this Section was
not |
27 |
| the operator of the vehicle at the time of the violation, the |
28 |
| owner may
maintain an action for
indemnification against the |
29 |
| operator in the circuit court.
Rules establishing a system of |
30 |
| civil administrative
adjudication must
provide for written |
31 |
| notice,
by first class mail or other means provided by law, to |
32 |
| the address of the
registered owner of the cited
vehicle as |
|
|
|
HB4746 Engrossed |
- 2 - |
LRB094 15349 DRH 50540 b |
|
|
1 |
| recorded with the Secretary of State or to the lessee of the |
2 |
| cited
vehicle at the last address known
to the lessor of the |
3 |
| cited vehicle at the time of the lease,
of the
alleged |
4 |
| violation and an opportunity to be heard on the question of the
|
5 |
| violation and must provide for the establishment of a toll-free |
6 |
| telephone
number to receive inquiries concerning alleged |
7 |
| violations.
The notice shall also inform the registered vehicle |
8 |
| owner that failure to
contest in the manner and time
provided |
9 |
| shall be deemed an admission of liability and that a final |
10 |
| order of
liability may be entered on that admission. A duly
|
11 |
| authorized agent of the Authority may perform
or execute the |
12 |
| preparation, certification, affirmation, or
mailing of the |
13 |
| notice. A notice of violation, sworn or affirmed to or |
14 |
| certified
by a duly authorized agent of
the Authority, or a |
15 |
| facsimile of the notice, based upon an inspection of
|
16 |
| photographs, microphotographs,
videotape, or other recorded |
17 |
| images produced
by a video or photo surveillance system, shall |
18 |
| be admitted as
prima facie evidence of the correctness of the |
19 |
| facts contained in the notice or
facsimile.
Only civil fines,
|
20 |
| along with the corresponding outstanding toll, and costs
may be |
21 |
| imposed by
administrative adjudication. A fine may be imposed |
22 |
| under this paragraph only
if a violation is established by a |
23 |
| preponderance of the evidence. Judicial
review of all final |
24 |
| orders of the Authority under this paragraph shall be
conducted |
25 |
| in the circuit court of the county in which the administrative |
26 |
| decision was rendered in accordance with the Administrative |
27 |
| Review Law.
|
28 |
| Any outstanding toll, fine, additional late payment fine, |
29 |
| other
sanction,
or costs imposed, or part of any fine, other |
30 |
| sanction, or costs imposed, remaining unpaid after the |
31 |
| exhaustion of, or the failure to
exhaust, judicial review |
32 |
| procedures under the Administrative Review
Law are a debt due |
33 |
| and owing
the Authority and may be collected in accordance
with |
34 |
| applicable law. After expiration of the period in
which |
35 |
| judicial review under the Administrative Review Law may be
|
36 |
| sought,
unless stayed by a court of competent jurisdiction, a |
|
|
|
HB4746 Engrossed |
- 3 - |
LRB094 15349 DRH 50540 b |
|
|
1 |
| final order of
the Authority under this subsection (a-5)
may be |
2 |
| enforced in
the same manner as a judgment entered by a court of |
3 |
| competent jurisdiction.
Notwithstanding any other provision of |
4 |
| this Act, the Authority may, with the approval of the Attorney |
5 |
| General, retain a law firm or law firms with expertise in the |
6 |
| collection of government fines and debts for the purpose of |
7 |
| collecting fines, costs, and other moneys due under this |
8 |
| subsection (a-5).
|
9 |
| A system of civil administrative adjudication may also |
10 |
| provide for a
program of vehicle
immobilization, tow, or |
11 |
| impoundment for the purpose of facilitating
enforcement of any |
12 |
| final order or orders of
the Authority under this subsection |
13 |
| (a-5) that result in a finding or liability for 5 or more |
14 |
| violations after
expiration of the period in which judicial |
15 |
| review under the Administrative Review Law may be sought. The |
16 |
| registered vehicle owner of a
vehicle immobilized, towed,
or |
17 |
| impounded for nonpayment of a final order
of the Authority |
18 |
| under this subsection (a-5) shall have the right
to request a |
19 |
| hearing before the Authority's civil administrative |
20 |
| adjudicatory
system to challenge the validity
of the |
21 |
| immobilization, tow, or impoundment.
This hearing, however, |
22 |
| shall not constitute a
readjudication of the merits of |
23 |
| previously adjudicated notices.
Judicial review of all final |
24 |
| orders of the
Authority under this subsection (a-5) shall be |
25 |
| conducted
in the circuit court of the county in which the |
26 |
| administrative decision was rendered in accordance with the |
27 |
| Administrative Review Law. |
28 |
| No commercial entity that is the lessor of a vehicle under |
29 |
| a written lease agreement shall be liable for an administrative |
30 |
| notice of violation for toll evasion issued under this |
31 |
| subsection (a-5) involving that vehicle during the period of |
32 |
| the lease if the lessor provides a copy of the leasing |
33 |
| agreement to the Authority within 21 days of the issue date on |
34 |
| the notice of violation. The leasing agreement also must |
35 |
| contain a provision or addendum informing the lessee that the |
36 |
| lessee is liable for payment of all tolls and any fines for |
|
|
|
HB4746 Engrossed |
- 4 - |
LRB094 15349 DRH 50540 b |
|
|
1 |
| toll evasion. Each entity must also post a sign at the leasing |
2 |
| counter notifying the lessee of that liability. The copy of the |
3 |
| leasing agreement provided to the Authority must contain the |
4 |
| name, address, and driver's license number of the lessee, as |
5 |
| well as the check-out and return dates and times of the vehicle |
6 |
| and the vehicle license plate number and vehicle make and |
7 |
| model. |
8 |
| As used in this subsection (a-5), "lessor" includes |
9 |
| commercial leasing and rental entities but does not include |
10 |
| public passenger vehicle entities.
|
11 |
| The Authority shall establish an amnesty program for
|
12 |
| violations adjudicated under this subsection (a-5). Under the
|
13 |
| program, any person who has an outstanding notice of violation
|
14 |
| for toll evasion or a final order of a hearing officer for toll
|
15 |
| evasion dated prior to the effective date of this amendatory
|
16 |
| Act of the 94th General Assembly
and who pays to the
Authority |
17 |
| the full percentage amounts listed in this paragraph
remaining |
18 |
| due on the notice of violation or final order of the
hearing |
19 |
| officer and the full fees and costs paid by the Authority to |
20 |
| the Secretary of State relating to suspension proceedings, if |
21 |
| applicable, on or before 5:00 p.m., Central Standard Time,
of |
22 |
| the 60th day after the effective date of this amendatory Act
of |
23 |
| the 94th General Assembly shall not be required to pay more
|
24 |
| than the listed percentage of the original fine amount and
|
25 |
| outstanding toll as listed on the notice of violation or final
|
26 |
| order of the hearing officer and the full fees and costs paid |
27 |
| by the Authority to the Secretary of State relating to |
28 |
| suspension proceedings, if applicable. The payment percentage |
29 |
| scale
shall be as follows: a person with 25 or fewer violations |
30 |
| shall
be eligible for amnesty upon payment of 50% of the |
31 |
| original
fine amount and the outstanding tolls; a person with |
32 |
| more than
25 but fewer than 51 violations shall be eligible for |
33 |
| amnesty
upon payment of 60% of the original fine amount and the
|
34 |
| outstanding tolls; and a person with 51 or more violations
|
35 |
| shall be eligible for amnesty upon payment of 75% of the
|
36 |
| original fine amount and the outstanding tolls. In such a
|
|
|
|
HB4746 Engrossed |
- 5 - |
LRB094 15349 DRH 50540 b |
|
|
1 |
| situation, the Executive Director of the Authority or his or
|
2 |
| her designee is authorized and directed to waive any late fine
|
3 |
| amount above the applicable percentage of the original fine
|
4 |
| amount. Partial payment of the amount due shall not be a basis
|
5 |
| to extend the amnesty payment deadline nor shall it act to
|
6 |
| relieve the person of liability for payment of the late fine
|
7 |
| amount. In order to receive amnesty, the full amount of the
|
8 |
| applicable percentage of the original fine amount and
|
9 |
| outstanding toll remaining due on the notice of violation or
|
10 |
| final order of the hearing officer and the full fees and costs |
11 |
| paid by the Authority to the Secretary of State relating to |
12 |
| suspension proceedings, if applicable, must be paid in full by |
13 |
| 5:00
p.m., Central Standard Time, of the 60th day after the
|
14 |
| effective date of this amendatory Act of the 94th General
|
15 |
| Assembly. This amendatory Act of the 94th General Assembly has
|
16 |
| no retroactive effect with regard to payments already tendered
|
17 |
| to the Authority that were full payments or payments in an
|
18 |
| amount greater than the applicable percentage, and this Act
|
19 |
| shall not be the basis for either a refund or a credit. This
|
20 |
| amendatory Act of the 94th General Assembly does not apply to
|
21 |
| toll evasion citations issued by the Illinois State Police or
|
22 |
| other authorized law enforcement agencies and for which payment
|
23 |
| may be due to or through the clerk of the circuit court. The
|
24 |
| Authority shall adopt rules as necessary to implement the
|
25 |
| provisions of this amendatory Act of the 94th General Assembly.
|
26 |
| The Authority, by a resolution of the Board of Directors, shall
|
27 |
| have the discretion to implement similar amnesty programs in
|
28 |
| the future.
The Authority, at its discretion and in |
29 |
| consultation with the Attorney
General, is further authorized |
30 |
| to settle an administrative fine or
penalty if it determines |
31 |
| that settling for less than the full amount
is in the best |
32 |
| interests of the Authority after taking into account
the |
33 |
| following factors:
(1) the merits of the Authority's claim |
34 |
| against the respondent;
(2) the amount that can be collected |
35 |
| relative to the
administrative fine or penalty owed by the |
36 |
| respondent;
(3) the cost of pursuing further enforcement or |
|
|
|
HB4746 Engrossed |
- 6 - |
LRB094 15349 DRH 50540 b |
|
|
1 |
| collection
action against the respondent;
(4) the likelihood of |
2 |
| collecting the full amount owed; and
(5) the burden on the |
3 |
| judiciary.
The provisions in this Section may be extended to |
4 |
| other
toll facilities in the State of Illinois through a duly
|
5 |
| executed agreement between the Authority and
the operator of |
6 |
| the toll facility.
|
7 |
| (b) To prescribe rules and regulations applicable to |
8 |
| traffic on highways
under the jurisdiction of the Authority, |
9 |
| concerning:
|
10 |
| (1) Types of vehicles permitted to use such highways or |
11 |
| parts thereof,
and classification of such vehicles;
|
12 |
| (2) Designation of the lanes of traffic to be used by |
13 |
| the different
types of vehicles permitted upon said |
14 |
| highways;
|
15 |
| (3) Stopping, standing, and parking of vehicles;
|
16 |
| (4) Control of traffic by means of police officers or |
17 |
| traffic control
signals;
|
18 |
| (5) Control or prohibition of processions, convoys, |
19 |
| and assemblages of
vehicles and persons;
|
20 |
| (6) Movement of traffic in one direction only on |
21 |
| designated portions of
said highways;
|
22 |
| (7) Control of the access, entrance, and exit of |
23 |
| vehicles and persons to
and from said highways; and
|
24 |
| (8) Preparation, location and installation of all |
25 |
| traffic signs;
and to prescribe further rules and |
26 |
| regulations applicable to such traffic,
concerning matters |
27 |
| not provided for either in the foregoing enumeration or
in |
28 |
| the Illinois Vehicle Code. Notice of such rules and |
29 |
| regulations
shall be posted conspicuously and displayed at |
30 |
| appropriate points and at
reasonable intervals along said |
31 |
| highways, by clearly legible markers or
signs, to provide |
32 |
| notice of the existence of such rules and regulations to
|
33 |
| persons traveling on said highways. At each toll station, |
34 |
| the Authority
shall make available, free of charge, |
35 |
| pamphlets containing all of such
rules and regulations.
|
36 |
| (c) The Authority, in fixing the rate for tolls as provided |
|
|
|
HB4746 Engrossed |
- 7 - |
LRB094 15349 DRH 50540 b |
|
|
1 |
| in Section 19 of this Act for the privilege of
using the said |
2 |
| toll highways, is authorized and directed, in fixing such
|
3 |
| rates, to base the same upon annual estimates to be made, |
4 |
| recorded and
filed with the Authority. Said estimates shall |
5 |
| include the following: The
estimated total amount of the use of |
6 |
| the toll highways; the estimated
amount of the revenue to be |
7 |
| derived therefrom, which said revenue, when
added to all other |
8 |
| receipts and income, will be sufficient to pay the
expense of |
9 |
| maintaining and operating said toll highways, including the
|
10 |
| administrative expenses of the Authority, and to discharge all |
11 |
| obligations
of the 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 in |
21 |
| connection therewith, or for the
construction of any roads or |
22 |
| streets forming extension to and connections
with or between |
23 |
| any toll highways, or for the cost or expense of widening,
|
24 |
| grading, surfacing or improving any existing streets or roads |
25 |
| or the
construction of any streets and roads forming extensions |
26 |
| of or connections
with any toll highways constructed, |
27 |
| relocated, operated, maintained or
regulated hereunder by the |
28 |
| Authority. Where property owned by a
municipality or political |
29 |
| subdivision is necessary to the construction of
an approved |
30 |
| toll highway, if the Authority cannot reach an agreement with
|
31 |
| such municipality or political subdivision and if the use to |
32 |
| which the
property is being put in the hands of the |
33 |
| municipality or political
subdivision is not essential to the |
34 |
| existence or the administration of such
municipality or |
35 |
| political subdivision, the Authority may acquire the
property |
36 |
| by condemnation.
|
|
|
|
HB4746 Engrossed |
- 8 - |
LRB094 15349 DRH 50540 b |
|
|
1 |
| (Source: P.A. 94-636, eff. 8-22-05.)
|
2 |
| (605 ILCS 10/11) (from Ch. 121, par. 100-11)
|
3 |
| Sec. 11. The Authority shall have power:
|
4 |
| (a) To enter upon lands, waters and premises in the State |
5 |
| for the
purpose of making surveys, soundings, drillings and |
6 |
| examinations as may be
necessary, expedient or convenient for |
7 |
| the purposes of this Act, and such
entry shall not be deemed to |
8 |
| be a trespass, nor shall an entry for such
purpose be deemed an |
9 |
| entry under any condemnation proceedings which may be
then |
10 |
| pending; provided, however, that the Authority shall make
|
11 |
| reimbursement for any actual damage resulting to such lands, |
12 |
| waters and
premises as the result of such activities.
|
13 |
| (b) To construct, maintain and operate stations for the |
14 |
| collection of
tolls or charges upon and along any toll |
15 |
| highways.
|
16 |
| (c) To provide for the collection of tolls and charges for |
17 |
| the privilege
of using the said toll highways as provided in |
18 |
| Section 19 of this Act .
Before it adopts an increase in the
|
19 |
| rates for toll, the Authority shall hold a public
hearing at |
20 |
| which any person may appear, express opinions, suggestions, or
|
21 |
| objections, or direct inquiries relating to the proposed |
22 |
| increase.
Any person may submit a written statement to the |
23 |
| Authority at
the hearing, whether appearing in person or not. |
24 |
| The hearing shall be held in
the county in which the proposed
|
25 |
| increase of the rates is to take place. The
Authority shall |
26 |
| give notice of the hearing by advertisement on
3 successive |
27 |
| days at least 15 days prior to the date of the hearing in a |
28 |
| daily
newspaper of general circulation within the county within |
29 |
| which the
hearing is held.
The notice shall state the date, |
30 |
| time, and place of the hearing, shall contain
a description of |
31 |
| the proposed increase, and shall
specify how interested persons |
32 |
| may obtain copies of any reports, resolutions,
or certificates |
33 |
| describing the basis on which the proposed change, alteration,
|
34 |
| or modification was calculated. After consideration of any |
35 |
| statements filed or
oral opinions, suggestions, objections, or |
|
|
|
HB4746 Engrossed |
- 9 - |
LRB094 15349 DRH 50540 b |
|
|
1 |
| inquiries made at the hearing, the
Authority may proceed to |
2 |
| adopt the proposed increase
of the rates for toll. No change or |
3 |
| alteration in or modification
of the rates for toll shall be |
4 |
| effective unless at least 30 days
prior to the effective date |
5 |
| of such rates notice thereof
shall be given to
the public by |
6 |
| publication in a newspaper of general circulation, and such
|
7 |
| notice, or notices, thereof shall be posted and publicly |
8 |
| displayed at each
and every toll station upon or along said |
9 |
| toll highways.
|
10 |
| (d) To construct, at the Authority's discretion, grade |
11 |
| separations
at intersections with any railroads, waterways, |
12 |
| street railways, streets,
thoroughfares, public roads or |
13 |
| highways intersected by the said toll
highways, and to change |
14 |
| and adjust the lines and grades thereof so as to
accommodate |
15 |
| the same to the design of such grade separation and to
|
16 |
| construct interchange improvements. The Authority is |
17 |
| authorized to provide
such grade separations or interchange |
18 |
| improvements at its own cost or to
enter into contracts or |
19 |
| agreements with reference to division of cost
therefor with any |
20 |
| municipality or political subdivision of the State of
Illinois, |
21 |
| or with the Federal Government, or any agency thereof, or with
|
22 |
| any corporation, individual, firm, person or association. |
23 |
| Where such
structures have been built by the Authority and a |
24 |
| local highway agency did
not enter into an agreement to the |
25 |
| contrary, the Authority shall maintain
the entire structure, |
26 |
| including the road surface, at the Authority's expense.
|
27 |
| (e) To contract with and grant concessions to or lease or |
28 |
| license to any
person, partnership, firm, association or |
29 |
| corporation so desiring the use
of any part of any toll |
30 |
| highways, excluding the paved portion thereof, but
including |
31 |
| the right of way adjoining, under, or over said paved portion |
32 |
| for
the placing of telephone, telegraph, electric, power lines |
33 |
| and other
utilities, and for the placing of pipe lines, and to |
34 |
| enter into operating
agreements with or to contract with and |
35 |
| grant concessions to or to lease to
any person, partnership, |
36 |
| firm, association or corporation so desiring the
use of any |
|
|
|
HB4746 Engrossed |
- 10 - |
LRB094 15349 DRH 50540 b |
|
|
1 |
| part of the toll highways, excluding the paved portion thereof,
|
2 |
| but including the right of way adjoining, or over said paved |
3 |
| portion for
motor fuel service stations and facilities, |
4 |
| garages, stores and
restaurants, or for any other lawful |
5 |
| purpose, and to fix the terms,
conditions, rents, rates and |
6 |
| charges for such use.
|
7 |
| The Authority shall also have power to establish reasonable |
8 |
| regulations
for the installation, construction, maintenance, |
9 |
| repair, renewal,
relocation and removal of pipes, mains, |
10 |
| conduits, cables, wires, towers,
poles and other equipment and |
11 |
| appliances (herein called public utilities)
of any public |
12 |
| utility as defined in the Public Utilities Act along,
over or |
13 |
| under any toll road project. Whenever the Authority shall |
14 |
| determine
that it is necessary that any such public utility |
15 |
| facilities which now are
located in, on, along, over or under |
16 |
| any project or projects be relocated
or removed entirely from |
17 |
| any such project or projects, the public utility
owning or |
18 |
| operating such facilities shall relocate or remove the same in
|
19 |
| accordance with the order of the Authority. All costs and |
20 |
| expenses of such
relocation or removal, including the cost of |
21 |
| installing such facilities in
a new location or locations, and |
22 |
| the cost of any land or lands, or interest
in land, or any |
23 |
| other rights required to accomplish such relocation or
removal |
24 |
| shall be ascertained and paid by the Authority as a part of the
|
25 |
| cost of any such project or projects, and further, there shall |
26 |
| be no rent,
fee or other charge of any kind imposed upon the |
27 |
| public utility owning or
operating any facilities ordered |
28 |
| relocated on the properties of the said
Authority and the said |
29 |
| Authority shall grant to the said public utility
owning or |
30 |
| operating said facilities and its successors and assigns the
|
31 |
| right to operate the same in the new location or locations for |
32 |
| as long a
period and upon the same terms and conditions as it |
33 |
| had the right to
maintain and operate such facilities in their |
34 |
| former location or locations.
|
35 |
| (f) To enter into an intergovernmental agreement or |
36 |
| contract with a unit of local government or other
public or |
|
|
|
HB4746 Engrossed |
- 11 - |
LRB094 15349 DRH 50540 b |
|
|
1 |
| private entity for the collection, enforcement, and |
2 |
| administration
of tolls,
fees, revenue, and violations.
|
3 |
| (Source: P.A. 94-636, eff. 8-22-05.)
|
4 |
| (605 ILCS 10/19) (from Ch. 121, par. 100-19)
|
5 |
| Sec. 19. The Authority shall fix and revise from time to |
6 |
| time, tolls or
charges or rates for the privilege of using each |
7 |
| of the toll highways
constructed pursuant to this Act. The |
8 |
| Authority shall provide that a vehicle owned or operated by the |
9 |
| Suburban Bus Division of the Regional Transportation Authority |
10 |
| is exempt from tolls if the vehicle is being used to transport |
11 |
| passengers for hire. Such tolls shall be so fixed and
adjusted |
12 |
| at rates calculated to provide the lowest reasonable toll rates
|
13 |
| that will provide funds sufficient with other revenues of the |
14 |
| Authority to
pay, (a) the cost of the construction of a toll |
15 |
| highway authorized by joint
resolution of the General Assembly |
16 |
| pursuant to Section 14.1 and the
reconstruction, major repairs |
17 |
| or improvements of toll highways, (b) the
cost of maintaining, |
18 |
| repairing, regulating and operating the toll highways
|
19 |
| including only the necessary expenses of the Authority, and (c) |
20 |
| the
principal of all bonds, interest thereon and all sinking |
21 |
| fund requirements
and other requirements provided by |
22 |
| resolutions authorizing the issuance of
the bonds as they shall |
23 |
| become due. The use and disposition of any sinking
or reserve |
24 |
| fund shall be subject to such regulation as may be provided in
|
25 |
| the resolution or trust indenture authorizing the issuance of |
26 |
| the bonds.
Subject to the provisions of any resolution or trust |
27 |
| indenture authorizing
the issuance of bonds any moneys in any |
28 |
| such sinking fund in excess of an
amount equal to one year's |
29 |
| interest on the bonds then outstanding secured
by such sinking |
30 |
| fund may be applied to the purchase or redemption of bonds.
All |
31 |
| such bonds so redeemed or purchased shall forthwith be |
32 |
| cancelled and
shall not again be issued. No person shall be |
33 |
| permitted to use any toll
highway without paying the toll |
34 |
| established under this Section except when
on official Toll |
35 |
| Highway Authority business which includes police and other
|
|
|
|
HB4746 Engrossed |
- 12 - |
LRB094 15349 DRH 50540 b |
|
|
1 |
| emergency vehicles. However, any law enforcement agency |
2 |
| vehicle, fire
department vehicle, or other emergency vehicle |
3 |
| that is plainly marked shall not
be
required to pay a toll to |
4 |
| use a toll highway.
A law enforcement, fire protection, or |
5 |
| emergency services
officer driving a law enforcement, fire |
6 |
| protection, or emergency services
agency
vehicle that is not |
7 |
| plainly marked must present an Official Permit Card which
the |
8 |
| law enforcement, fire protection, or emergency services |
9 |
| officer receives
from his or her law enforcement, fire |
10 |
| protection, or emergency services agency
in
order to use a toll |
11 |
| highway without paying the toll. A
law enforcement, fire |
12 |
| protection, or emergency services agency must apply to
the |
13 |
| Authority to receive a permit, and the
Authority shall adopt |
14 |
| rules for the issuance of a permit, that allows all
law |
15 |
| enforcement, fire protection, or emergency services agency |
16 |
| vehicles of the
law enforcement, fire protection, or emergency |
17 |
| services agency that are not
plainly
marked to use any toll |
18 |
| highway
without paying the toll established under this Section.
|
19 |
| The Authority shall maintain in
its office a list of
all |
20 |
| persons that are authorized to use any toll highway without |
21 |
| charge when
on official business of the Authority and such list |
22 |
| shall be open to the
public for inspection.
|
23 |
| Among other matters, this amendatory Act of 1990 is |
24 |
| intended to clarify
and confirm the prior intent of the General |
25 |
| Assembly to allow toll revenues
from the toll highway system to |
26 |
| be used to pay a portion of the cost of the
construction of the |
27 |
| North-South Toll Highway authorized by Senate Joint
Resolution |
28 |
| 122 of the 83rd General Assembly in 1984.
|
29 |
| (Source: P.A. 90-152, eff. 7-23-97.)
|
30 |
| Section 99. Effective date. This Act takes effect upon |
31 |
| becoming law.
|