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Full Text of HB5856  100th General Assembly

HB5856sam001 100TH GENERAL ASSEMBLY

Sen. Toi W. Hutchinson

Filed: 5/2/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5856

2    AMENDMENT NO. ______. Amend House Bill 5856 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. 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,

 

 

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1repairing, regulating and operating the toll highways
2including only the necessary expenses of the Authority, and (c)
3the principal of all bonds, interest thereon and all sinking
4fund requirements and other requirements provided by
5resolutions authorizing the issuance of the bonds as they shall
6become due. In fixing the toll rates pursuant to this Section
719 and Section 10(c) of this Act, the Authority shall take into
8account the effect of the provisions of this Section 19
9permitting the use of the toll highway system without payment
10of the covenants of the Authority contained in the resolutions
11and trust indentures authorizing the issuance of bonds of the
12Authority. No such provision permitting the use of the toll
13highway system without payment of tolls after the date of this
14amendatory Act of the 95th General Assembly shall be applied in
15a manner that impairs the rights of bondholders pursuant to any
16resolution or trust indentures authorizing the issuance of
17bonds of the Authority. The use and disposition of any sinking
18or reserve fund shall be subject to such regulation as may be
19provided in the resolution or trust indenture authorizing the
20issuance of the bonds. Subject to the provisions of any
21resolution or trust indenture authorizing the issuance of bonds
22any moneys in any such sinking fund in excess of an amount
23equal to one year's interest on the bonds then outstanding
24secured by such sinking fund may be applied to the purchase or
25redemption of bonds. All such bonds so redeemed or purchased
26shall forthwith be cancelled and shall not again be issued. No

 

 

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

 

 

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1all law enforcement, fire protection, or emergency services
2agency vehicles of the law enforcement, fire protection, or
3emergency services agency to use any toll highway without
4paying the toll established under this Section. The Authority
5shall maintain in its office a list of all persons that are
6authorized to use any toll highway without charge when on
7official business of the Authority and such list shall be open
8to the public for inspection. In recognition of the unique role
9of public transportation the Suburban Bus Division of the
10Regional Transportation Authority in providing effective
11transportation in the Authority's service region, and to give
12effect to the exemption set forth in subsection (b) of Section
132.06 of the Regional Transportation Authority Act, the
14following vehicles may use any toll highway without paying the
15toll: (1) a vehicle owned or operated by the Suburban Bus
16Division of the Regional Transportation Authority that is being
17used to transport passengers for hire; and (2) any revenue
18vehicle that is owned or operated by a Mass Transit District
19created under Section 3 of the Local Mass Transit District Act
20and running regular scheduled service. may use any toll highway
21without paying the toll.
22    Among other matters, this amendatory Act of 1990 is
23intended to clarify and confirm the prior intent of the General
24Assembly to allow toll revenues from the toll highway system to
25be used to pay a portion of the cost of the construction of the
26North-South Toll Highway authorized by Senate Joint Resolution

 

 

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1122 of the 83rd General Assembly in 1984.
2(Source: P.A. 97-784, eff. 1-1-13.)".