Full Text of SB2530 97th General Assembly
SB2530sam001 97TH GENERAL ASSEMBLY | Sen. Matt Murphy Filed: 2/9/2012
| | 09700SB2530sam001 | | LRB097 13348 HEP 65252 a |
|
| 1 | | AMENDMENT TO SENATE BILL 2530
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2530 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Toll Highway Act is amended by changing | 5 | | Section 11 as follows: | 6 | | (605 ILCS 10/11) (from Ch. 121, par. 100-11)
| 7 | | Sec. 11. The Authority shall have power:
| 8 | | (a) To enter upon lands, waters and premises in the State | 9 | | for the
purpose of making surveys, soundings, drillings and | 10 | | examinations as may be
necessary, expedient or convenient for | 11 | | the purposes of this Act, and such
entry shall not be deemed to | 12 | | be a trespass, nor shall an entry for such
purpose be deemed an | 13 | | entry under any condemnation proceedings which may be
then | 14 | | pending; provided, however, that the Authority shall make
| 15 | | reimbursement for any actual damage resulting to such lands, | 16 | | waters and
premises as the result of such activities.
|
| | | 09700SB2530sam001 | - 2 - | LRB097 13348 HEP 65252 a |
|
| 1 | | (b) To construct, maintain and operate stations for the | 2 | | collection of
tolls or charges upon and along any toll | 3 | | highways.
| 4 | | (c) To provide for the collection of tolls and charges for | 5 | | the privilege
of using the said toll highways.
Before it adopts | 6 | | an increase in the
rates for toll, the Authority shall hold a | 7 | | public
hearing at which any person may appear, express | 8 | | opinions, suggestions, or
objections, or direct inquiries | 9 | | relating to the proposed increase.
Any person may submit a | 10 | | written statement to the Authority at
the hearing, whether | 11 | | appearing in person or not. The hearing shall be held in
the | 12 | | county in which the proposed
increase of the rates is to take | 13 | | place. The
Authority shall give notice of the hearing by | 14 | | advertisement on
3 successive days at least 15 days prior to | 15 | | the date of the hearing in a daily
newspaper of general | 16 | | circulation within the county within which the
hearing is held.
| 17 | | The notice shall state the date, time, and place of the | 18 | | hearing, shall contain
a description of the proposed increase, | 19 | | and shall
specify how interested persons may obtain copies of | 20 | | any reports, resolutions,
or certificates describing the basis | 21 | | on which the proposed change, alteration,
or modification was | 22 | | calculated. After consideration of any statements filed or
oral | 23 | | opinions, suggestions, objections, or inquiries made at the | 24 | | hearing, the
Authority may proceed to adopt the proposed | 25 | | increase
of the rates for toll if 8 of the 11 directors of the | 26 | | Authority vote in favor of adopting the proposed increase of |
| | | 09700SB2530sam001 | - 3 - | LRB097 13348 HEP 65252 a |
|
| 1 | | the rates for toll . No change or alteration in or modification
| 2 | | of the rates for toll shall be effective unless at least 90 30 | 3 | | days
prior to the effective date of such rates notice thereof
| 4 | | shall be given to
the public by publication in a newspaper of | 5 | | general circulation, and such
notice, or notices, thereof shall | 6 | | be posted and publicly displayed at each
and every toll station | 7 | | upon or along said toll highways.
| 8 | | (d) To construct, at the Authority's discretion, grade | 9 | | separations
at intersections with any railroads, waterways, | 10 | | street railways, streets,
thoroughfares, public roads or | 11 | | highways intersected by the said toll
highways, and to change | 12 | | and adjust the lines and grades thereof so as to
accommodate | 13 | | the same to the design of such grade separation and to
| 14 | | construct interchange improvements. The Authority is | 15 | | authorized to provide
such grade separations or interchange | 16 | | improvements at its own cost or to
enter into contracts or | 17 | | agreements with reference to division of cost
therefor with any | 18 | | municipality or political subdivision of the State of
Illinois, | 19 | | or with the Federal Government, or any agency thereof, or with
| 20 | | any corporation, individual, firm, person or association. | 21 | | Where such
structures have been built by the Authority and a | 22 | | local highway agency did
not enter into an agreement to the | 23 | | contrary, the Authority shall maintain
the entire structure, | 24 | | including the road surface, at the Authority's expense.
| 25 | | (e) To contract with and grant concessions to or lease or | 26 | | license to any
person, partnership, firm, association or |
| | | 09700SB2530sam001 | - 4 - | LRB097 13348 HEP 65252 a |
|
| 1 | | corporation so desiring the use
of any part of any toll | 2 | | highways, excluding the paved portion thereof, but
including | 3 | | the right of way adjoining, under, or over said paved portion | 4 | | for
the placing of telephone, telegraph, electric, power lines | 5 | | and other
utilities, and for the placing of pipe lines, and to | 6 | | enter into operating
agreements with or to contract with and | 7 | | grant concessions to or to lease to
any person, partnership, | 8 | | firm, association or corporation so desiring the
use of any | 9 | | part of the toll highways, excluding the paved portion thereof,
| 10 | | but including the right of way adjoining, or over said paved | 11 | | portion for
motor fuel service stations and facilities, | 12 | | garages, stores and
restaurants, or for any other lawful | 13 | | purpose, and to fix the terms,
conditions, rents, rates and | 14 | | charges for such use.
| 15 | | The Authority shall also have power to establish reasonable | 16 | | regulations
for the installation, construction, maintenance, | 17 | | repair, renewal,
relocation and removal of pipes, mains, | 18 | | conduits, cables, wires, towers,
poles and other equipment and | 19 | | appliances (herein called public utilities)
of any public | 20 | | utility as defined in the Public Utilities Act along,
over or | 21 | | under any toll road project. Whenever the Authority shall | 22 | | determine
that it is necessary that any such public utility | 23 | | facilities which now are
located in, on, along, over or under | 24 | | any project or projects be relocated
or removed entirely from | 25 | | any such project or projects, the public utility
owning or | 26 | | operating such facilities shall relocate or remove the same in
|
| | | 09700SB2530sam001 | - 5 - | LRB097 13348 HEP 65252 a |
|
| 1 | | accordance with the order of the Authority. All costs and | 2 | | expenses of such
relocation or removal, including the cost of | 3 | | installing such facilities in
a new location or locations, and | 4 | | the cost of any land or lands, or interest
in land, or any | 5 | | other rights required to accomplish such relocation or
removal | 6 | | shall be ascertained and paid by the Authority as a part of the
| 7 | | cost of any such project or projects, and further, there shall | 8 | | be no rent,
fee or other charge of any kind imposed upon the | 9 | | public utility owning or
operating any facilities ordered | 10 | | relocated on the properties of the said
Authority and the said | 11 | | Authority shall grant to the said public utility
owning or | 12 | | operating said facilities and its successors and assigns the
| 13 | | right to operate the same in the new location or locations for | 14 | | as long a
period and upon the same terms and conditions as it | 15 | | had the right to
maintain and operate such facilities in their | 16 | | former location or locations.
| 17 | | (f) To enter into an intergovernmental agreement or | 18 | | contract with a unit of local government or other
public or | 19 | | private entity for the collection, enforcement, and | 20 | | administration
of tolls,
fees, revenue, and violations.
| 21 | | The General Assembly finds that electronic toll collection | 22 | | systems in Illinois should be standardized to promote safety, | 23 | | efficiency, and traveler convenience. The Authority shall | 24 | | cooperate with other public and private entities to further the | 25 | | goal of standardized toll collection in Illinois and is | 26 | | authorized to provide toll collection and toll violation |
| | | 09700SB2530sam001 | - 6 - | LRB097 13348 HEP 65252 a |
|
| 1 | | enforcement services to such entities when doing so is in the | 2 | | best interest of the Authority and consistent with its | 3 | | obligations under Section 23 of this Act.
| 4 | | (Source: P.A. 97-252, eff. 8-4-11.)".
|
|