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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6562
Introduced 2/6/2004, by Elaine Nekritz SYNOPSIS AS INTRODUCED: |
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605 ILCS 10/11 |
from Ch. 121, par. 100-11 |
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Amends the Toll Highway Act. Provides that the Toll Highway Authority has
the
power to enter into an intergovernmental agreement or contract with a unit of local government or other public
or private entity for the collection by electronic means
of tolls, fees, or
revenues. Effective
immediately.
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A BILL FOR
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HB6562 |
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LRB093 18780 DRH 44513 b |
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| AN ACT in relation to transportation.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Toll Highway Act is amended by changing |
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| Section 11 as
follows:
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| (605 ILCS 10/11) (from Ch. 121, par. 100-11)
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| Sec. 11. The Authority shall have power:
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| (a) To enter upon lands, waters and premises in the State |
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| for the
purpose of making surveys, soundings, drillings and |
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| examinations as may be
necessary, expedient or convenient for |
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| the purposes of this Act, and such
entry shall not be deemed to |
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| be a trespass, nor shall an entry for such
purpose be deemed an |
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| entry under any condemnation proceedings which may be
then |
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| pending; provided, however, that the Authority shall make
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| reimbursement for any actual damage resulting to such lands, |
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| waters and
premises as the result of such activities.
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| (b) To construct, maintain and operate stations for the |
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| collection of
tolls or charges upon and along any toll |
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| highways.
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| (c) To provide for the collection of tolls and charges for |
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| the privilege
of using the said toll highways.
Before it adopts |
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| an increase in the
rates for toll, the Authority shall hold a |
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| public
hearing at which any person may appear, express |
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| opinions, suggestions, or
objections, or direct inquiries |
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| relating to the proposed increase.
Any person may submit a |
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| written statement to the Authority at
the hearing, whether |
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| appearing in person or not. The hearing shall be held in
the |
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| county in which the proposed
increase of the rates is to take |
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| place. The
Authority shall give notice of the hearing by |
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| advertisement on
3 successive days at least 15 days prior to |
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| the date of the hearing in a daily
newspaper of general |
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| circulation within the county within which the
hearing is held.
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HB6562 |
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LRB093 18780 DRH 44513 b |
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| The notice shall state the date, time, and place of the |
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| hearing, shall contain
a description of the proposed increase, |
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| and shall
specify how interested persons may obtain copies of |
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| any reports, resolutions,
or certificates describing the basis |
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| on which the proposed change, alteration,
or modification was |
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| calculated. After consideration of any statements filed or
oral |
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| opinions, suggestions, objections, or inquiries made at the |
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| hearing, the
Authority may proceed to adopt the proposed |
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| increase
of the rates for toll. No change or alteration in or |
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| modification
of the rates for toll shall be effective unless at |
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| least 30 days
prior to the effective date of such rates notice |
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| thereof
shall be given to
the public by publication in a |
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| newspaper of general circulation, and such
notice, or notices, |
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| thereof shall be posted and publicly displayed at each
and |
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| every toll station upon or along said toll highways.
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| (d) To construct, at the Authority's discretion, grade |
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| separations
at intersections with any railroads, waterways, |
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| street railways, streets,
thoroughfares, public roads or |
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| highways intersected by the said toll
highways, and to change |
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| and adjust the lines and grades thereof so as to
accommodate |
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| the same to the design of such grade separation and to
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| construct interchange improvements. The Authority is |
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| authorized to provide
such grade separations or interchange |
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| improvements at its own cost or to
enter into contracts or |
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| agreements with reference to division of cost
therefor with any |
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| municipality or political subdivision of the State of
Illinois, |
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| or with the Federal Government, or any agency thereof, or with
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| any corporation, individual, firm, person or association. |
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| Where such
structures have been built by the Authority and a |
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| local highway agency did
not enter into an agreement to the |
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| contrary, the Authority shall maintain
the entire structure, |
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| including the road surface, at the Authority's expense.
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| (e) To contract with and grant concessions to or lease or |
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| license to any
person, partnership, firm, association or |
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| corporation so desiring the use
of any part of any toll |
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| highways, excluding the paved portion thereof, but
including |
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HB6562 |
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LRB093 18780 DRH 44513 b |
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| the right of way adjoining, under, or over said paved portion |
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| for
the placing of telephone, telegraph, electric, power lines |
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| and other
utilities, and for the placing of pipe lines, and to |
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| enter into operating
agreements with or to contract with and |
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| grant concessions to or to lease to
any person, partnership, |
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| firm, association or corporation so desiring the
use of any |
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| part of the toll highways, excluding the paved portion thereof,
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| but including the right of way adjoining, or over said paved |
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| portion for
motor fuel service stations and facilities, |
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| garages, stores and
restaurants, or for any other lawful |
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| purpose, and to fix the terms,
conditions, rents, rates and |
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| charges for such use.
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| The Authority shall also have power to establish reasonable |
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| regulations
for the installation, construction, maintenance, |
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| repair, renewal,
relocation and removal of pipes, mains, |
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| conduits, cables, wires, towers,
poles and other equipment and |
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| appliances (herein called public utilities)
of any public |
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| utility as defined in the Public Utilities Act along,
over or |
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| under any toll road project. Whenever the Authority shall |
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| determine
that it is necessary that any such public utility |
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| facilities which now are
located in, on, along, over or under |
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| any project or projects be relocated
or removed entirely from |
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| any such project or projects, the public utility
owning or |
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| operating such facilities shall relocate or remove the same in
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| accordance with the order of the Authority. All costs and |
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| expenses of such
relocation or removal, including the cost of |
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| installing such facilities in
a new location or locations, and |
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| the cost of any land or lands, or interest
in land, or any |
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| other rights required to accomplish such relocation or
removal |
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| shall be ascertained and paid by the Authority as a part of the
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| cost of any such project or projects, and further, there shall |
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| be no rent,
fee or other charge of any kind imposed upon the |
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| public utility owning or
operating any facilities ordered |
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| relocated on the properties of the said
Authority and the said |
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| Authority shall grant to the said public utility
owning or |
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| operating said facilities and its successors and assigns the
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