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Full Text of HB4691  97th General Assembly

HB4691ham001 97TH GENERAL ASSEMBLY

Rep. Sandra M. Pihos

Filed: 2/29/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4691

2    AMENDMENT NO. ______. Amend House Bill 4691 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. No person shall be

 

 

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1permitted to use any toll highway without paying the toll
2established under this Section except when on official Toll
3Highway Authority business which includes police and other
4emergency vehicles. However, any law enforcement agency
5vehicle, fire department vehicle, public or private ambulance
6service vehicle engaged in the performance of an emergency
7service or duty that necessitates the use of the toll highway
8system, or other emergency vehicle that is plainly marked shall
9not be required to pay a toll to use a toll highway. A law
10enforcement, fire protection, or emergency services officer
11driving a law enforcement, fire protection, or emergency
12services agency vehicle, or public or private ambulance service
13vehicle engaging in the performance of emergency services or
14duties that is not plainly marked must present an Official
15Permit Card which the law enforcement, fire protection, or
16emergency services officer receives from his or her law
17enforcement, fire protection, or emergency services agency, or
18public or private ambulance service in order to use a toll
19highway without paying the toll. A law enforcement, fire
20protection, or 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 that are not plainly marked to use
4any toll highway without paying the toll established under this
5Section. The Authority shall maintain in its office a list of
6all persons that are authorized to use any toll highway without
7charge when on official business of the Authority and such list
8shall be open to the public for inspection. In recognition of
9the unique role of the Suburban Bus Division of the Regional
10Transportation Authority in providing effective transportation
11in the Authority's service region and to give effect to the
12exemption set forth in subsection (b) of Section 2.06 of the
13Regional Transportation Authority Act, a vehicle owned or
14operated by the Suburban Bus Division of the Regional
15Transportation Authority that is being used to transport
16passengers for hire may use any toll highway without paying the
17toll.
18    Among other matters, this amendatory Act of 1990 is
19intended to clarify and confirm the prior intent of the General
20Assembly to allow toll revenues from the toll highway system to
21be used to pay a portion of the cost of the construction of the
22North-South Toll Highway authorized by Senate Joint Resolution
23122 of the 83rd General Assembly in 1984.
24(Source: P.A. 95-327, eff. 1-1-08.)".