Full Text of SB1298 100th General Assembly
SB1298ham002 100TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie Filed: 1/7/2019
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| 1 | | AMENDMENT TO SENATE BILL 1298
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1298, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Toll Highway Act is amended by changing | 6 | | Sections 3, 4, 5, and 10 as follows:
| 7 | | (605 ILCS 10/3) (from Ch. 121, par. 100-3)
| 8 | | Sec. 3.
There is hereby created an Authority to be known as | 9 | | The
Illinois State Toll Highway Authority, which is hereby | 10 | | constituted an
instrumentality and an administrative agency of | 11 | | the State of Illinois.
The said Authority shall consist of 11 | 12 | | directors; the Governor and the
Secretary of the Department of | 13 | | Transportation, ex officio, and 9
directors appointed by the | 14 | | Governor with the advice and consent of the
Senate, from the | 15 | | State at large, which said directors and their
successors are | 16 | | hereby authorized to carry out the provisions of this
Act, and |
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| 1 | | to exercise the powers herein conferred. Of the 9 directors
| 2 | | appointed by the Governor, no more than 5 shall be members of | 3 | | the same
political party. | 4 | | Notwithstanding any provision of law to the contrary, the | 5 | | term of office of each director of the Authority serving on the | 6 | | effective date of this amendatory Act of the 100th General | 7 | | Assembly, other than the Governor and the Secretary of the | 8 | | Department of Transportation, is abolished and a vacancy in | 9 | | each office is created on the effective date of this amendatory | 10 | | Act of the 100th General Assembly. The Governor shall appoint | 11 | | directors to the Authority for the vacancies created under this | 12 | | amendatory Act of the 100th General Assembly by February 28, | 13 | | 2019. Directors whose terms are abolished under this amendatory | 14 | | Act of the 100th General Assembly shall be eligible for | 15 | | reappointment. | 16 | | Vacancies shall be filled for the unexpired term
in the | 17 | | same manner as original appointments. All appointments shall be
| 18 | | in writing and filed with the Secretary of State as a public | 19 | | record. It
is the intention of this section that the Governor's | 20 | | appointments shall
be made with due consideration to the | 21 | | location of proposed toll highway
routes so that maximum | 22 | | geographic representation from the areas served
by said toll | 23 | | highway routes may be accomplished insofar as practicable.
The | 24 | | said Authority shall have the power to contract and be | 25 | | contracted
with, to acquire, hold and convey personal and real | 26 | | property or any
interest therein including rights of way, |
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| 1 | | franchises and easements; to
have and use a common seal, and to | 2 | | alter the same at will; to make and
establish resolutions, | 3 | | by-laws, rules, rates and regulations, and to
alter or repeal | 4 | | the same as the Authority shall deem necessary and
expedient | 5 | | for the construction, operation, relocation, regulation and
| 6 | | maintenance of a system of toll highways within and through the | 7 | | State of
Illinois.
| 8 | | Appointment of the additional directors provided for by | 9 | | this amendatory
Act of 1980 shall be made within 30 days after | 10 | | the effective date of this
amendatory Act of 1980.
| 11 | | (Source: P.A. 86-1164.)
| 12 | | (605 ILCS 10/4) (from Ch. 121, par. 100-4)
| 13 | | Sec. 4.
Of the directors appointed by the Governor, one | 14 | | such director
shall be appointed by the Governor as chairman | 15 | | and shall hold office for
4 years from the date of his | 16 | | appointment, and until his successor shall
be duly appointed | 17 | | and qualified, but shall be subject to removal by the
Governor | 18 | | for incompetency, neglect of duty or malfeasance. The term of | 19 | | the initial chairman appointed under this amendatory Act of the | 20 | | 100th General Assembly shall end March 1, 2021 and the chairman | 21 | | shall serve until his or her successor is duly appointed and | 22 | | qualified.
| 23 | | The chairman shall preside at all meetings of the Board of | 24 | | Directors
of the Authority; shall exercise general supervision | 25 | | over all powers,
duties, obligations and functions of the |
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| 1 | | Authority; and shall approve or
disapprove all resolutions, | 2 | | by-laws, rules, rates and regulations made
and established by | 3 | | the Board of Directors, and if he shall approve
thereof, he | 4 | | shall sign the same, and such as he shall not approve he
shall | 5 | | return to the Board of Directors with his objections thereto in
| 6 | | writing at the next regular meeting of the Board of Directors | 7 | | occurring
after the passage thereof. Such veto may extend to | 8 | | any one or more items
contained in such resolution, by-law, | 9 | | rule, rate or regulation, or to
its entirety; and in case the | 10 | | veto extends to a part of such resolution,
by-law, rule, rate | 11 | | or regulation, the residue thereof shall take effect
and be in | 12 | | force, but in case the chairman shall fail to return any
| 13 | | resolution, by-law, rule, rate or regulation with his | 14 | | objections thereto
by the time aforesaid, he shall be deemed to | 15 | | have approved the same, and
the same shall take effect | 16 | | accordingly. Upon the return of any
resolution, by-law, rule, | 17 | | rate or regulation by the chairman, the vote
by which the same | 18 | | was passed shall be reconsidered by the Board of
Directors, and | 19 | | if upon such reconsideration two-thirds of all the
Directors | 20 | | agree by yeas and nays to pass the same, it shall go into
| 21 | | effect notwithstanding the chairman's refusal to approve | 22 | | thereof. The process of approving or disapproving all | 23 | | resolutions, by-laws, rules, rates and regulations, as well as | 24 | | the ability of the Board of Directors to override the | 25 | | disapproval of the chairman, under this Section shall be set | 26 | | forth in the Authority's by-laws. Nothing in the Authority's |
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| 1 | | by-laws, rules, or regulations may be contrary to this Section.
| 2 | | The chairman shall receive a salary of $18,000 per annum, | 3 | | or as set by
the Compensation Review Board, whichever is | 4 | | greater, payable in
monthly installments, together with | 5 | | reimbursement for necessary expenses
incurred in the | 6 | | performance of his duties. The chairman shall be
eligible for | 7 | | reappointment.
| 8 | | (Source: P.A. 83-1177.)
| 9 | | (605 ILCS 10/5) (from Ch. 121, par. 100-5)
| 10 | | Sec. 5.
Of the original directors, other than the chairman, | 11 | | so appointed
by the Governor, 3 shall hold office for 2 years | 12 | | and 3 shall hold office
for 4 years, from the date of their | 13 | | appointment and until their
respective successors shall be duly | 14 | | appointed and qualified, but shall
be subject to removal by the | 15 | | Governor for incompetency, neglect of duty
or malfeasance. In | 16 | | case of vacancies in such offices during the recess
of the | 17 | | Senate, the Governor shall make a temporary appointment until | 18 | | the
next meeting of the Senate when he shall nominate some | 19 | | person to fill such
office and any person so nominated, who is | 20 | | confirmed by the Senate, shall
hold office during the remainder | 21 | | of the term and until his successor shall
be appointed and | 22 | | qualified. The respective term of the first directors
appointed | 23 | | shall be designated by the Governor at the time of appointment,
| 24 | | but their successors shall each be appointed for a term of four | 25 | | years,
except that any person appointed to fill a vacancy shall |
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| 1 | | serve only for the
unexpired term. Directors shall be eligible | 2 | | for reappointment.
| 3 | | In making the initial appointments of the 2 additional | 4 | | directors provided
for by this amendatory Act of 1980, the | 5 | | respective terms of the 2 additional
directors first appointed | 6 | | shall be designated by the Governor at the time
of appointment | 7 | | in such manner that the term of one such additional director
| 8 | | shall expire at the same time as the terms of 4 of the other | 9 | | directors and
the term of the other additional director shall | 10 | | expire at the same time
as the terms of 3 of the other | 11 | | directors; thereafter the terms shall be
4 years. | 12 | | Of the initial directors, other than the chairman, | 13 | | appointed under the provisions of this amendatory Act of the | 14 | | 100th General Assembly, 4 shall serve terms running through | 15 | | March 1, 2021. The 4 remaining directors shall serve terms | 16 | | running through March 1, 2023. Thereafter the terms of all | 17 | | directors shall be
4 years. Directors shall serve until their | 18 | | respective successors are duly appointed and qualified. | 19 | | Directors shall be eligible for reappointment.
| 20 | | Each such director, other than ex officio members shall | 21 | | receive an
annual salary of $15,000, or as set by the | 22 | | Compensation Review Board,
whichever is greater, payable in | 23 | | monthly installments, and shall be
reimbursed for necessary | 24 | | expenses incurred in the performance of his
duties.
| 25 | | (Source: P.A. 86-1164.)
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| 1 | | (605 ILCS 10/10) (from Ch. 121, par. 100-10)
| 2 | | Sec. 10. The Authority shall have power:
| 3 | | (a) To pass resolutions, make by-laws, rules and | 4 | | regulations for the
management, regulation and control of its | 5 | | affairs, and to fix tolls, and to
make, enact and enforce all | 6 | | needful rules and regulations in connection
with the | 7 | | construction, operation, management, care, regulation or
| 8 | | protection of its property or any toll highways, constructed or
| 9 | | reconstructed hereunder.
Any by-laws adopted under this | 10 | | Section shall include a requirement that directors disclose and | 11 | | avoid potential conflicts of interest. The by-laws shall be | 12 | | posted on the Authority's website.
| 13 | | (a-5) To fix, assess, and collect civil fines for a | 14 | | vehicle's operation on
a toll highway without the required toll | 15 | | having been paid.
The Authority may
establish by rule a system | 16 | | of civil administrative adjudication to adjudicate
only | 17 | | alleged
instances of a vehicle's operation on a toll highway | 18 | | without the required toll
having been paid, as detected by the | 19 | | Authority's video or photo
surveillance system.
In cases in | 20 | | which the operator of the vehicle is not the registered
vehicle | 21 | | owner, the establishment of
ownership of the vehicle creates a | 22 | | rebuttable presumption that the vehicle was
being operated by | 23 | | an agent
of the registered vehicle owner. If the registered | 24 | | vehicle owner liable for a
violation under this Section was
not | 25 | | the operator of the vehicle at the time of the violation, the | 26 | | owner may
maintain an action for
indemnification against the |
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| 1 | | operator in the circuit court.
Rules establishing a system of | 2 | | civil administrative
adjudication must
provide for written | 3 | | notice,
by first class mail or other means provided by law, to | 4 | | the address of the
registered owner of the cited
vehicle as | 5 | | recorded with the Secretary of State or to the lessee of the | 6 | | cited
vehicle at the last address known
to the lessor of the | 7 | | cited vehicle at the time of the lease,
of the
alleged | 8 | | violation and an opportunity to be heard on the question of the
| 9 | | violation and must provide for the establishment of a toll-free | 10 | | telephone
number to receive inquiries concerning alleged | 11 | | violations.
The notice shall also inform the registered vehicle | 12 | | owner that failure to
contest in the manner and time
provided | 13 | | shall be deemed an admission of liability and that a final | 14 | | order of
liability may be entered on that admission. A duly
| 15 | | authorized agent of the Authority may perform
or execute the | 16 | | preparation, certification, affirmation, or
mailing of the | 17 | | notice. A notice of violation, sworn or affirmed to or | 18 | | certified
by a duly authorized agent of
the Authority, or a | 19 | | facsimile of the notice, based upon an inspection of
| 20 | | photographs, microphotographs,
videotape, or other recorded | 21 | | images produced
by a video or photo surveillance system, shall | 22 | | be admitted as
prima facie evidence of the correctness of the | 23 | | facts contained in the notice or
facsimile.
Only civil fines,
| 24 | | along with the corresponding outstanding toll, and costs
may be | 25 | | imposed by
administrative adjudication. A fine may be imposed | 26 | | under this paragraph only
if a violation is established by a |
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| 1 | | preponderance of the evidence. Judicial
review of all final | 2 | | orders of the Authority under this paragraph shall be
conducted | 3 | | in the circuit court of the county in which the administrative | 4 | | decision was rendered in accordance with the Administrative | 5 | | Review Law.
| 6 | | The Authority may maintain a listing or searchable database | 7 | | on its website of persons or entities that have been issued one | 8 | | or more final orders of liability with a total amount due of | 9 | | more than $1,000 for tolls, fines, unpaid late fees, or | 10 | | administrative costs that remain unpaid after the exhaustion | 11 | | of, or the failure to exhaust, the judicial review procedures | 12 | | under the Administrative Review Law. Each entry may include the | 13 | | person's or entity's name as listed on the final order of | 14 | | liability. | 15 | | Any outstanding toll, fine, additional late payment fine, | 16 | | other
sanction,
or costs imposed, or part of any fine, other | 17 | | sanction, or costs imposed, remaining unpaid after the | 18 | | exhaustion of, or the failure to
exhaust, judicial review | 19 | | procedures under the Administrative Review
Law are a debt due | 20 | | and owing
the Authority and may be collected in accordance
with | 21 | | applicable law. After expiration of the period in
which | 22 | | judicial review under the Administrative Review Law may be
| 23 | | sought,
unless stayed by a court of competent jurisdiction, a | 24 | | final order of
the Authority under this subsection (a-5)
may be | 25 | | enforced in
the same manner as a judgment entered by a court of | 26 | | competent jurisdiction.
Notwithstanding any other provision of |
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| 1 | | this Act, the Authority may, with the approval of the Attorney | 2 | | General, retain a law firm or law firms with expertise in the | 3 | | collection of government fines and debts for the purpose of | 4 | | collecting fines, costs, and other moneys due under this | 5 | | subsection (a-5).
| 6 | | A system of civil administrative adjudication may also | 7 | | provide for a
program of vehicle
immobilization, tow, or | 8 | | impoundment for the purpose of facilitating
enforcement of any | 9 | | final order or orders of
the Authority under this subsection | 10 | | (a-5) that result in a finding or liability for 5 or more | 11 | | violations after
expiration of the period in which judicial | 12 | | review under the Administrative Review Law may be sought. The | 13 | | registered vehicle owner of a
vehicle immobilized, towed,
or | 14 | | impounded for nonpayment of a final order
of the Authority | 15 | | under this subsection (a-5) shall have the right
to request a | 16 | | hearing before the Authority's civil administrative | 17 | | adjudicatory
system to challenge the validity
of the | 18 | | immobilization, tow, or impoundment.
This hearing, however, | 19 | | shall not constitute a
readjudication of the merits of | 20 | | previously adjudicated notices.
Judicial review of all final | 21 | | orders of the
Authority under this subsection (a-5) shall be | 22 | | conducted
in the circuit court of the county in which the | 23 | | administrative decision was rendered in accordance with the | 24 | | Administrative Review Law. | 25 | | No commercial entity that is the lessor of a vehicle under | 26 | | a written lease agreement shall be liable for an administrative |
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| 1 | | notice of violation for toll evasion issued under this | 2 | | subsection (a-5) involving that vehicle during the period of | 3 | | the lease if the lessor provides a copy of the leasing | 4 | | agreement to the Authority within 30 days of the issue date on | 5 | | the notice of violation. The leasing agreement also must | 6 | | contain a provision or addendum informing the lessee that the | 7 | | lessee is liable for payment of all tolls and any fines for | 8 | | toll evasion. Each entity must also post a sign at the leasing | 9 | | counter notifying the lessee of that liability. The copy of the | 10 | | leasing agreement provided to the Authority must contain the | 11 | | name, address, and driver's license number of the lessee, as | 12 | | well as the check-out and return dates and times of the vehicle | 13 | | and the vehicle license plate number and vehicle make and | 14 | | model. | 15 | | As used in this subsection (a-5), "lessor" includes | 16 | | commercial leasing and rental entities but does not include | 17 | | public passenger vehicle entities.
| 18 | | The Authority shall establish an amnesty program for
| 19 | | violations adjudicated under this subsection (a-5). Under the
| 20 | | program, any person who has an outstanding notice of violation
| 21 | | for toll evasion or a final order of a hearing officer for toll
| 22 | | evasion dated prior to the effective date of this amendatory
| 23 | | Act of the 94th General Assembly
and who pays to the
Authority | 24 | | the full percentage amounts listed in this paragraph
remaining | 25 | | due on the notice of violation or final order of the
hearing | 26 | | officer and the full fees and costs paid by the Authority to |
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| 1 | | the Secretary of State relating to suspension proceedings, if | 2 | | applicable, on or before 5:00 p.m., Central Standard Time,
of | 3 | | the 60th day after the effective date of this amendatory Act
of | 4 | | the 94th General Assembly shall not be required to pay more
| 5 | | than the listed percentage of the original fine amount and
| 6 | | outstanding toll as listed on the notice of violation or final
| 7 | | order of the hearing officer and the full fees and costs paid | 8 | | by the Authority to the Secretary of State relating to | 9 | | suspension proceedings, if applicable. The payment percentage | 10 | | scale
shall be as follows: a person with 25 or fewer violations | 11 | | shall
be eligible for amnesty upon payment of 50% of the | 12 | | original
fine amount and the outstanding tolls; a person with | 13 | | more than
25 but fewer than 51 violations shall be eligible for | 14 | | amnesty
upon payment of 60% of the original fine amount and the
| 15 | | outstanding tolls; and a person with 51 or more violations
| 16 | | shall be eligible for amnesty upon payment of 75% of the
| 17 | | original fine amount and the outstanding tolls. In such a
| 18 | | situation, the Executive Director of the Authority or his or
| 19 | | her designee is authorized and directed to waive any late fine
| 20 | | amount above the applicable percentage of the original fine
| 21 | | amount. Partial payment of the amount due shall not be a basis
| 22 | | to extend the amnesty payment deadline nor shall it act to
| 23 | | relieve the person of liability for payment of the late fine
| 24 | | amount. In order to receive amnesty, the full amount of the
| 25 | | applicable percentage of the original fine amount and
| 26 | | outstanding toll remaining due on the notice of violation or
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| 1 | | final order of the hearing officer and the full fees and costs | 2 | | paid by the Authority to the Secretary of State relating to | 3 | | suspension proceedings, if applicable, must be paid in full by | 4 | | 5:00
p.m., Central Standard Time, of the 60th day after the
| 5 | | effective date of this amendatory Act of the 94th General
| 6 | | Assembly. This amendatory Act of the 94th General Assembly has
| 7 | | no retroactive effect with regard to payments already tendered
| 8 | | to the Authority that were full payments or payments in an
| 9 | | amount greater than the applicable percentage, and this Act
| 10 | | shall not be the basis for either a refund or a credit. This
| 11 | | amendatory Act of the 94th General Assembly does not apply to
| 12 | | toll evasion citations issued by the Illinois State Police or
| 13 | | other authorized law enforcement agencies and for which payment
| 14 | | may be due to or through the clerk of the circuit court. The
| 15 | | Authority shall adopt rules as necessary to implement the
| 16 | | provisions of this amendatory Act of the 94th General Assembly.
| 17 | | The Authority, by a resolution of the Board of Directors, shall
| 18 | | have the discretion to implement similar amnesty programs in
| 19 | | the future.
The Authority, at its discretion and in | 20 | | consultation with the Attorney
General, is further authorized | 21 | | to settle an administrative fine or
penalty if it determines | 22 | | that settling for less than the full amount
is in the best | 23 | | interests of the Authority after taking into account
the | 24 | | following factors:
(1) the merits of the Authority's claim | 25 | | against the respondent;
(2) the amount that can be collected | 26 | | relative to the
administrative fine or penalty owed by the |
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| 1 | | respondent;
(3) the cost of pursuing further enforcement or | 2 | | collection
action against the respondent;
(4) the likelihood of | 3 | | collecting the full amount owed; and
(5) the burden on the | 4 | | judiciary.
The provisions in this Section may be extended to | 5 | | other
toll facilities in the State of Illinois through a duly
| 6 | | executed agreement between the Authority and
the operator of | 7 | | the toll facility.
| 8 | | (b) To prescribe rules and regulations applicable to | 9 | | traffic on highways
under the jurisdiction of the Authority, | 10 | | concerning:
| 11 | | (1) Types of vehicles permitted to use such highways or | 12 | | parts thereof,
and classification of such vehicles;
| 13 | | (2) Designation of the lanes of traffic to be used by | 14 | | the different
types of vehicles permitted upon said | 15 | | highways;
| 16 | | (3) Stopping, standing, and parking of vehicles;
| 17 | | (4) Control of traffic by means of police officers or | 18 | | traffic control
signals;
| 19 | | (5) Control or prohibition of processions, convoys, | 20 | | and assemblages of
vehicles and persons;
| 21 | | (6) Movement of traffic in one direction only on | 22 | | designated portions of
said highways;
| 23 | | (7) Control of the access, entrance, and exit of | 24 | | vehicles and persons to
and from said highways; and
| 25 | | (8) Preparation, location and installation of all | 26 | | traffic signs;
and to prescribe further rules and |
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| 1 | | regulations applicable to such traffic,
concerning matters | 2 | | not provided for either in the foregoing enumeration or
in | 3 | | the Illinois Vehicle Code. Notice of such rules and | 4 | | regulations
shall be posted conspicuously and displayed at | 5 | | appropriate points and at
reasonable intervals along said | 6 | | highways, by clearly legible markers or
signs, to provide | 7 | | notice of the existence of such rules and regulations to
| 8 | | persons traveling on said highways. At each toll station, | 9 | | the Authority
shall make available, free of charge, | 10 | | pamphlets containing all of such
rules and regulations.
| 11 | | (c) The Authority, in fixing the rate for tolls for the | 12 | | privilege of
using the said toll highways, is authorized and | 13 | | directed, in fixing such
rates, to base the same upon annual | 14 | | estimates to be made, recorded and
filed with the Authority. | 15 | | Said estimates shall include the following: The
estimated total | 16 | | amount of the use of the toll highways; the estimated
amount of | 17 | | the revenue to be derived therefrom, which said revenue, when
| 18 | | added to all other receipts and income, will be sufficient to | 19 | | pay the
expense of maintaining and operating said toll | 20 | | highways, including the
administrative expenses of the | 21 | | Authority, and to discharge all obligations
of the Authority as | 22 | | they become due and payable.
| 23 | | (d) To accept from any municipality or political | 24 | | subdivision any lands,
easements or rights in land needed for | 25 | | the operation, construction,
relocation or maintenance of any | 26 | | toll highways, with or without payment
therefor, and in its |
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| 1 | | discretion to reimburse any such municipality or
political | 2 | | subdivision out of its funds for any cost or expense incurred | 3 | | in
the acquisition of land, easements or rights in land, in | 4 | | connection with
the construction and relocation of the said | 5 | | toll highways, widening,
extending roads, streets or avenues in | 6 | | connection therewith, or for the
construction of any roads or | 7 | | streets forming extension to and connections
with or between | 8 | | any toll highways, or for the cost or expense of widening,
| 9 | | grading, surfacing or improving any existing streets or roads | 10 | | or the
construction of any streets and roads forming extensions | 11 | | of or connections
with any toll highways constructed, | 12 | | relocated, operated, maintained or
regulated hereunder by the | 13 | | Authority. Where property owned by a
municipality or political | 14 | | subdivision is necessary to the construction of
an approved | 15 | | toll highway, if the Authority cannot reach an agreement with
| 16 | | such municipality or political subdivision and if the use to | 17 | | which the
property is being put in the hands of the | 18 | | municipality or political
subdivision is not essential to the | 19 | | existence or the administration of such
municipality or | 20 | | political subdivision, the Authority may acquire the
property | 21 | | by condemnation.
| 22 | | (Source: P.A. 98-559, eff. 1-1-14; 99-214, eff. 1-1-16 .)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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