100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5856

 

Introduced , by Rep. Nicholas K Smith

 

SYNOPSIS AS INTRODUCED:
 
605 ILCS 10/19  from Ch. 121, par. 100-19

    Amends the Toll Highway Act. Provides that vehicles owned or operated by a Mass Transit District created under a provision of the Local Mass Transit District Act may use any toll highway without paying a toll.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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. Toll rates. The Authority shall fix and revise
8from time to time, tolls or charges or rates for the privilege
9of using each of the toll highways constructed pursuant to this
10Act. Such tolls shall be so fixed and adjusted at rates
11calculated to provide the lowest reasonable toll rates that
12will provide funds sufficient with other revenues of the
13Authority to pay, (a) the cost of the construction of a toll
14highway authorized by joint resolution of the General Assembly
15pursuant to Section 14.1 and the reconstruction, major repairs
16or improvements of toll highways, (b) the cost of maintaining,
17repairing, regulating and operating the toll highways
18including only the necessary expenses of the Authority, and (c)
19the principal of all bonds, interest thereon and all sinking
20fund requirements and other requirements provided by
21resolutions authorizing the issuance of the bonds as they shall
22become due. In fixing the toll rates pursuant to this Section
2319 and Section 10(c) of this Act, the Authority shall take into

 

 

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1account the effect of the provisions of this Section 19
2permitting the use of the toll highway system without payment
3of the covenants of the Authority contained in the resolutions
4and trust indentures authorizing the issuance of bonds of the
5Authority. No such provision permitting the use of the toll
6highway system without payment of tolls after the date of this
7amendatory Act of the 95th General Assembly shall be applied in
8a manner that impairs the rights of bondholders pursuant to any
9resolution or trust indentures authorizing the issuance of
10bonds of the Authority. The use and disposition of any sinking
11or reserve fund shall be subject to such regulation as may be
12provided in the resolution or trust indenture authorizing the
13issuance of the bonds. Subject to the provisions of any
14resolution or trust indenture authorizing the issuance of bonds
15any moneys in any such sinking fund in excess of an amount
16equal to one year's interest on the bonds then outstanding
17secured by such sinking fund may be applied to the purchase or
18redemption of bonds. All such bonds so redeemed or purchased
19shall forthwith be cancelled and shall not again be issued. No
20person shall be permitted to use any toll highway without
21paying the toll established under this Section except when on
22official Toll Highway Authority business which includes police
23and other emergency vehicles. However, any law enforcement
24agency vehicle, fire department vehicle, public or private
25ambulance service vehicle engaged in the performance of an
26emergency service or duty that necessitates the use of the toll

 

 

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1highway system, or other emergency vehicle that is plainly
2marked shall not be required to pay a toll to use a toll
3highway. A law enforcement, fire protection, or emergency
4services officer driving a law enforcement, fire protection,
5emergency services agency vehicle, or public or private
6ambulance service vehicle engaging in the performance of
7emergency services or duties that is not plainly marked must
8present an Official Permit Card which the law enforcement, fire
9protection, or emergency services officer receives from his or
10her law enforcement, fire protection, emergency services
11agency, or public or private ambulance service in order to use
12a toll highway without paying the toll. A law enforcement, fire
13protection, emergency services agency, or public or private
14ambulance service engaging in the performance of emergency
15services or duties must apply to the Authority to receive a
16permit, and the Authority shall adopt rules for the issuance of
17a permit, that allows public or private ambulance service
18vehicles engaged in the performance of emergency services or
19duties that necessitate the use of the toll highway system and
20all law enforcement, fire protection, or emergency services
21agency vehicles of the law enforcement, fire protection, or
22emergency services agency to use any toll highway without
23paying the toll established under this Section. The Authority
24shall maintain in its office a list of all persons that are
25authorized to use any toll highway without charge when on
26official business of the Authority and such list shall be open

 

 

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1to the public for inspection. In recognition of the unique role
2of public transportation the Suburban Bus Division of the
3Regional Transportation Authority in providing effective
4transportation in the Authority's service region, and to give
5effect to the exemption set forth in subsection (b) of Section
62.06 of the Regional Transportation Authority Act, the
7following vehicles may use any toll highway without paying the
8toll: (1) a vehicle owned or operated by the Suburban Bus
9Division of the Regional Transportation Authority that is being
10used to transport passengers for hire; and (2) any vehicle
11owned or operated by a Mass Transit District created under
12Section 3 of the Local Mass Transit District Act. may use any
13toll highway without paying the toll.
14    Among other matters, this amendatory Act of 1990 is
15intended to clarify and confirm the prior intent of the General
16Assembly to allow toll revenues from the toll highway system to
17be used to pay a portion of the cost of the construction of the
18North-South Toll Highway authorized by Senate Joint Resolution
19122 of the 83rd General Assembly in 1984.
20(Source: P.A. 97-784, eff. 1-1-13.)