Rep. Martin J. Moylan

Filed: 4/9/2018





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2    AMENDMENT NO. ______. Amend House Bill 1620 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Toll Highway Act is amended by changing
5Section 19 as follows:
6    (605 ILCS 10/19)  (from Ch. 121, par. 100-19)
7    Sec. 19. The Authority shall fix and revise from time to
8time, tolls or charges or rates for the privilege of using each
9of the toll highways constructed pursuant to this Act. Such
10tolls shall be so fixed and adjusted at rates calculated to
11provide the lowest reasonable toll rates that will provide
12funds sufficient with other revenues of the Authority to pay,
13(a) the cost of the construction of a toll highway authorized
14by joint resolution of the General Assembly pursuant to Section
1514.1 and the reconstruction, major repairs or improvements of
16toll highways, (b) the cost of maintaining, repairing,



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1regulating and operating the toll highways including only the
2necessary expenses of the Authority, and (c) the principal of
3all bonds, interest thereon and all sinking fund requirements
4and other requirements provided by resolutions authorizing the
5issuance of the bonds as they shall become due. In fixing the
6toll rates pursuant to this Section 19 and Section 10(c) of
7this Act, the Authority shall take into account the effect of
8the provisions of this Section 19 permitting the use of the
9toll highway system without payment of the covenants of the
10Authority contained in the resolutions and trust indentures
11authorizing the issuance of bonds of the Authority. No such
12provision permitting the use of the toll highway system without
13payment of tolls after the date of this amendatory Act of the
1495th General Assembly shall be applied in a manner that impairs
15the rights of bondholders pursuant to any resolution or trust
16indentures authorizing the issuance of bonds of the Authority.
17The use and disposition of any sinking or reserve fund shall be
18subject to such regulation as may be provided in the resolution
19or trust indenture authorizing the issuance of the bonds.
20Subject to the provisions of any resolution or trust indenture
21authorizing the issuance of bonds any moneys in any such
22sinking fund in excess of an amount equal to one year's
23interest on the bonds then outstanding secured by such sinking
24fund may be applied to the purchase or redemption of bonds. All
25such bonds so redeemed or purchased shall forthwith be
26cancelled and shall not again be issued. The Authority shall



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1not charge a toll for a motor vehicle of the first division, as
2defined in the Illinois Vehicle Code, pulling a trailer, as
3defined in the Illinois Vehicle Code, with no more than 2 axles
4at a rate higher than an amount calculated by multiplying the
5toll charged to passenger vehicles using an I-Pass device by
6the total number of axles on the trailer. This toll rate shall
7apply to both a driver that uses an I-Pass device or a driver
8that uses cash to pay toll. No person shall be permitted to use
9any toll highway without paying the toll established under this
10Section except when on official Toll Highway Authority business
11which includes police and other emergency vehicles. However,
12any law enforcement agency vehicle, fire department vehicle,
13public or private ambulance service vehicle engaged in the
14performance of an emergency service or duty that necessitates
15the use of the toll highway system, or other emergency vehicle
16that is plainly marked shall not be required to pay a toll to
17use a toll highway. A law enforcement, fire protection, or
18emergency services officer driving a law enforcement, fire
19protection, emergency services agency vehicle, or public or
20private ambulance service vehicle engaging in the performance
21of emergency services or duties that is not plainly marked must
22present an Official Permit Card which the law enforcement, fire
23protection, or emergency services officer receives from his or
24her law enforcement, fire protection, emergency services
25agency, or public or private ambulance service in order to use
26a toll highway without paying the toll. A law enforcement, fire



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1protection, emergency services agency, or public or private
2ambulance service engaging in the performance of emergency
3services or duties must apply to the Authority to receive a
4permit, and the Authority shall adopt rules for the issuance of
5a permit, that allows public or private ambulance service
6vehicles engaged in the performance of emergency services or
7duties that necessitate the use of the toll highway system and
8all law enforcement, fire protection, or emergency services
9agency vehicles of the law enforcement, fire protection, or
10emergency services agency to use any toll highway without
11paying the toll established under this Section. The Authority
12shall maintain in its office a list of all persons that are
13authorized to use any toll highway without charge when on
14official business of the Authority and such list shall be open
15to the public for inspection. In recognition of the unique role
16of the Suburban Bus Division of the Regional Transportation
17Authority in providing effective transportation in the
18Authority's service region and to give effect to the exemption
19set forth in subsection (b) of Section 2.06 of the Regional
20Transportation Authority Act, a vehicle owned or operated by
21the Suburban Bus Division of the Regional Transportation
22Authority that is being used to transport passengers for hire
23may use any toll highway without paying the toll.
24    Among other matters, this amendatory Act of 1990 is
25intended to clarify and confirm the prior intent of the General
26Assembly to allow toll revenues from the toll highway system to



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1be used to pay a portion of the cost of the construction of the
2North-South Toll Highway authorized by Senate Joint Resolution
3122 of the 83rd General Assembly in 1984.
4(Source: P.A. 97-784, eff. 1-1-13.)
5    Section 99. Effective date. This Act takes effect July 1,