State of Illinois
91st General Assembly

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 1        AN ACT to amend the Toll Highway Act by changing Sections
 2    18, 23, and 24.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The Toll Highway Act is amended by changing
 6    Sections 18, 23, and 24 as follows:

 7        (605 ILCS 10/18) (from Ch. 121, par. 100-18)
 8        Sec. 18. The sums of money appropriated  by  the  General
 9    Assembly  (other  than  sums  appropriated  from the Illinois
10    State  Toll  Highway  Authority  Fund)  for  the  payment  of
11    ordinary and contingent expenses  of  the  Authority  or  the
12    payment  of  compensation  of  the  members  of the Authority
13    expended as a part of the cost of a toll highway financed  by
14    revenue bonds issued and sold by the Authority under this Act
15    shall  be repaid to the State Treasury out of the proceeds of
16    the sale of such bonds, for deposit in the  fund  from  which
17    such  sums  were appropriated. Any such sums remaining unpaid
18    because  expended  for  preliminary  investigation  of   toll
19    highway  routes  not  constructed  shall  be  repaid  by  the
20    Authority  out  of  the  proceeds  of the sale of any of such
21    bonds  issued  to  finance  additional   toll   highways   or
22    extensions  of  existing  toll highways. If no such new bonds
23    are  issued,  and  the  money  appropriated  by  the  General
24    Assembly has not otherwise been  repaid  in  full,  then  the
25    Authority  shall,  after  payment  of  all existing bonds and
26    interest thereon, continue to collect tolls for the privilege
27    of using  the  toll  highways  constructed  pursuant  to  the
28    authority  of  "An  Act  in  relation  to  the  construction,
29    operation,  regulation  and  maintenance  of a system of toll
30    highways and  to  create  The  Illinois  State  Toll  Highway
31    Commission, and to define its powers and duties and to repeal
                            -2-               LRB9100105KSksA
 1    an  Act  therein  named", approved July 13, 1953, as amended,
 2    until such time as the  tolls  collected  are  sufficient  to
 3    repay  any such unpaid money. The tolls so collected shall be
 4    paid by the Authority to the State treasury  for  deposit  in
 5    the fund from which such sums were appropriated.
 6    (Source: Laws 1968, p. 199.)

 7        (605 ILCS 10/23) (from Ch. 121, par. 100-23)
 8        Sec. 23. Plans; budgets, audits. The Authority shall file
 9    with the Governor, the Clerk of the House of Representatives,
10    the  Secretary  of  the Senate, and the Illinois Economic and
11    Fiscal Commission, on or prior to March 15th of each year,  a
12    written  statement and report covering its activities for the
13    preceding calendar  year.  The  Authority  shall  prepare  an
14    annual  capital  plan  which  identifies  capital projects by
15    location and details the  project  costs  in  correct  dollar
16    amounts.   The  Authority  shall  also  prepare  and  file  a
17    ten-year  capital plan that includes a listing of all capital
18    improvement projects contemplated during the ensuing ten-year
19    period.  The first ten-year capital plan shall  be  filed  in
20    1991  and  thereafter  on  the  anniversary  of each ten-year
21    period.
22        Prior to the beginning of a fiscal  year,  the  Authority
23    shall  submit  a comprehensive budget request for that fiscal
24    year to the General Assembly.
25        It shall also be the duty of the Auditor General  of  the
26    State  of  Illinois, annually to audit or cause to be audited
27    the books  and  records  of  the  Authority  and  to  file  a
28    certified  copy of the report of such audit with the Governor
29    and  with  the  Legislative  Audit  Commission,  which  audit
30    reports, when so filed, shall  be  open  to  the  public  for
31    inspection.
32    (Source: P.A. 86-1164.)
                            -3-               LRB9100105KSksA
 1        (605 ILCS 10/24) (from Ch. 121, par. 100-24)
 2        Sec.  24.   Except  as  otherwise  provided  in  any bond
 3    resolution, the proceeds derived from the sale of bonds,  and
 4    all  receipts and income derived from tolls, licenses, gifts,
 5    donations, concessions, fees, rentals, and all other revenues
 6    from whatever source derived, shall, within three days  after
 7    receipt  thereof,  be  paid  to the Treasurer of the State of
 8    Illinois, and held by him as a  special  fund  known  as  the
 9    Illinois  State  Toll Highway Authority Fund, except that the
10    Authority may retain  portions of  the  Illinois  State  Toll
11    Highway  Authority  Fund as a locally maintained construction
12    fund revolving  account  and  as  a  revenue  fund  revolving
13    account,  where  authorized  by  a  bond  resolution,  and as
14    locally maintained change  funds,  where  necessary  for  the
15    operations  of the Authority. The State Treasurer shall be ex
16    officio custodian of such special fund, which fund  shall  be
17    held, invested and disbursed for the purposes provided herein
18    upon  the  order  of  the  Authority  and  in accordance with
19    provisions and covenants of any bond  resolution  authorizing
20    the  issuance  of  bonds  which  have not been paid or deemed
21    paid.  The interest accruing on said special  fund  shall  be
22    computed and added to the principal thereof every six months.
23    In addition to the special audits prescribed by this Act, the
24    said  fund  shall also be subject to audit in the same manner
25    as is now, or may hereinafter be, provided for the  audit  of
26    State  funds  and  accounts.  The  said special fund shall be
27    protected  by  a  corporate  surety  bond,  executed  by  the
28    Treasurer, with a surety authorized to do business under  the
29    laws  of the State of Illinois. The amount of said bond shall
30    be fixed by resolution of  the  Authority,  approved  by  the
31    Governor, and may be increased or diminished at any time. The
32    premiums  on said bond shall be payable from the funds of the
33    Authority. The bond shall be subject to the approval  of  the
34    Governor  and Attorney General of the State of Illinois, and,
                            -4-               LRB9100105KSksA
 1    when so approved,  shall  be  filed  in  the  office  of  the
 2    Secretary  of  State.  Said  special fund shall be considered
 3    always appropriated for the  purposes  of  disbursements,  as
 4    provided  in  this  Act,  and shall be paid out and disbursed
 5    only as provided herein,  and  shall  not,  at  any  time  be
 6    appropriated  or  diverted  to  any  other  use  or  purpose.
 7    However, all amounts for the ordinary and contingent expenses
 8    for  the  Authority's annual operations are subject to annual
 9    appropriation by the General Assembly for every State  fiscal
10    year.
11    (Source: P.A. 83-1258.)

12        Section  99.  Effective date.  This Act takes effect upon
13    becoming law.

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