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Public Act 097-0252


 

Public Act 0252 97TH GENERAL ASSEMBLY



 


 
Public Act 097-0252
 
HB1889 EnrolledLRB097 05494 HEP 45554 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Highway Code is amended by changing
Sections 10-302, 10-302.5, 10-502, 10-602, 10-702, and 10-802
and by adding Section 9-101.5 as follows:
 
    (605 ILCS 5/9-101.5 new)
    Sec. 9-101.5. Standardized electronic toll collection
systems. The General Assembly finds that electronic toll
collection systems in Illinois should be standardized to
promote safety, efficiency, and traveler convenience. The
Department shall cooperate with the Illinois State Toll Highway
Authority and with other public and private entities to further
the goal of standardized toll collection in Illinois. If
electronic toll collection is used on any highway constructed
or maintained by the Department or by a private entity pursuant
to an agreement with the Department, the Department shall
require the electronic toll collection system to be compatible
with the electronic toll collection system used by the Illinois
State Toll Highway Authority. The Department may enter into an
intergovernmental agreement with the Illinois State Toll
Highway Authority to provide for such compatibility or to have
the Authority provide electronic toll collection or toll
violation enforcement services.
 
    (605 ILCS 5/10-302)  (from Ch. 121, par. 10-302)
    Sec. 10-302. Every county which, by ordinance, determines
to exercise the powers granted by this Division of this Article
has the right to acquire by purchase or otherwise, to
construct, repair, maintain and operate any such bridge and its
approaches across, above or under any railroad or public
utility right-of-way, and in, upon, under or above any public
or private road, highway, street, alley or public ground, or
upon any property owned by any municipality, political
subdivision or agency of this State, and for the purpose of
acquiring property or easements necessary or incidental in the
construction, repair, maintenance or operation of any such
bridge and the approaches thereto, any such county shall have
the right of eminent domain as provided by the Eminent Domain
Act. The county board of each such county has power to make,
enact and enforce all needful rules and regulations in
connection with the acquisition, construction, maintenance,
operation, management, care or protection of any such bridge,
and such county board shall establish rates of toll or charges
for the use of each such bridge which shall be sufficient at
all times to pay the cost of maintenance and operation of such
bridge and its approaches, and the principal of and interest on
all bonds issued and all other obligations incurred by such
county under the provisions of this Division of this Article.
Rules and regulations shall be established from time to time by
ordinance.
    Rates of toll or charges for the use of each such bridge
shall be established, revised, maintained, be payable and be
enforced, including by administrative adjudication as provided
in Section 10-302.5, as the county board of each such county
may determine by ordinance.
    The General Assembly finds that electronic toll collection
systems in Illinois should be standardized to promote safety,
efficiency, and traveler convenience. If electronic toll
collection is used on such bridge, the county shall configure
the electronic toll collection system to be compatible with the
electronic toll collection system used by the Illinois State
Toll Highway Authority. The county may enter into an
intergovernmental agreement with the Illinois State Toll
Highway Authority to provide for such compatibility or to have
the Authority provide electronic toll collection or toll
violation enforcement services. Any toll bridges in Winnebago
County that are in operation and collecting tolls on the
effective date of this amendatory Act of the 97th General
Assembly are exempt from the provisions of the Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
 
    (605 ILCS 5/10-302.5)
    Sec. 10-302.5. Administrative adjudication of toll
violations.
    (a) The county may provide by ordinance for a system of
administrative adjudication for fixing, assessing, and
collecting civil fines for a vehicle's operation on a county
toll bridge if the required toll or charge has not been paid.
    (b) An ordinance establishing a system of administrative
adjudication under this Section shall provide for the
following:
        (1) Written notice of the alleged violation sent by
    first class U.S. mail.
        (2) Availability of a hearing in which the violation
    may be contested on its merits and the time and manner in
    which the hearing may be held.
        (3) An opportunity for the person who allegedly
    violated the ordinance to appear at the hearing and contest
    the merits of the alleged violation. The rules of evidence
    shall not apply to the hearing.
        (4) A civil fine not to exceed $500 imposed as the
    result of an administrative adjudication.
        (5) A burden of proof on the county to establish a
    violation by a preponderance of the evidence.
        (6) Judicial review of final determinations of
    ordinance violations, subject to the provisions of the
    Administrative Review Law.
    (c) The county may enter into an intergovernmental
agreement with the Illinois State Toll Highway Authority under
which the Authority may provide administrative adjudication of
toll violations occurring on a county toll bridge.
(Source: P.A. 89-120, eff. 7-7-95.)
 
    (605 ILCS 5/10-502)  (from Ch. 121, par. 10-502)
    Sec. 10-502. In all cases where a bridge shall heretofore
have been constructed or shall hereafter be constructed across
a navigable stream by any municipality in whole or in part
without the territorial limits of such city, where the
population of such municipality furnishing the principal part
of the expenses thereof shall not exceed 10,000 inhabitants,
and where it is necessary to maintain a draw and lights, then a
reasonable toll may be collected by the municipality building
such bridge, to be set apart and appropriated to the expense of
maintaining such bridge and keeping such bridge in repair, and
of maintaining, opening and closing proper draws therefor, and
lights, and to the payment of bonds or interest thereon, issued
therefor, as hereinafter provided in this Division of this
Article.
    The General Assembly finds that electronic toll collection
systems in Illinois should be standardized to promote safety,
efficiency, and traveler convenience. If electronic toll
collection is used on such bridge, the municipality shall
configure the electronic toll collection system to be
compatible with the electronic toll collection system used by
the Illinois State Toll Highway Authority. The municipality may
enter into an intergovernmental agreement with the Illinois
State Toll Highway Authority to provide for such compatibility
or to have the Authority provide electronic toll collection or
toll violation enforcement services.
(Source: Laws 1959, p. 196.)
 
    (605 ILCS 5/10-602)  (from Ch. 121, par. 10-602)
    Sec. 10-602. Every municipality has the power:
        (1) To construct, or acquire by purchase, lease, gift,
    or condemnation in the manner provided for the exercise of
    the right of eminent domain under the Eminent Domain Act,
    ferries and bridges, the necessary land therefor, and the
    approaches thereto, whenever the ferry, bridge, land, or
    approaches are within the corporate limits, or within 5
    miles of the corporate limits of the municipality, and also
    to maintain the specified property;
        (2) To construct and maintain highways within 5 miles
    of the corporate limits of the municipality connecting with
    either end of such a bridge or ferry;
        (3) To construct or acquire by purchase, lease, gift,
    or condemnation in the manner provided for the exercise of
    the right of eminent domain under the Eminent Domain Act,
    ferries and bridges, the necessary land therefor, and the
    approaches thereto, within 5 miles of the corporate limits
    of the municipality, over any river forming a boundary of
    the State of Illinois, and also to maintain the specified
    property;
        (4) To donate money to aid the road districts in which
    is situated any ferry, bridge, or highway connecting
    therewith, specified in this section, in constructing, or
    improving the same, and to issue the bonds of the
    municipality for that purpose.
    All such ferries, bridges, and highways shall be free to
the public and no toll shall ever be collected by the
municipality except that:
        (1) Tolls may be collected for transit over and use of
    bridges defined in Section 10-801, as provided for in
    Sections 10-802 and 10-805.
        (2) Any municipality which, within the provisions of
    this section, bears the principal expense and becomes
    indebted for any ferry, bridge, or the approach thereto,
    over any river forming a boundary of the State of Illinois,
    may collect a reasonable toll, for the use thereof, to be
    set apart and appropriated to the payment of that
    indebtedness, the interest thereon, and the expense of
    maintenance of that bridge, ferry, and approach thereto,
    but for no other purpose;
        (3) Where any municipality is the owner of any toll
    bridges or ferries which it is keeping up and maintaining
    by authority of law, all ownership and rights vested in the
    municipality shall continue and be held and exercised by
    it, and the municipality from time to time may fix the
    rates of toll on those bridges and ferries; and
        (4) In all cases where, after July 1, 1881, a bridge
    has been constructed, or a ferry has been acquired across a
    navigable stream, by any municipality in whole or in part,
    and where the population of the municipality furnishing the
    principal part of the expense thereof did not exceed 5,000,
    and where it is necessary to maintain a draw and lights,
    and where a debt was incurred by the municipality for these
    purposes, a reasonable toll may be collected by the
    municipality contracting the indebtedness. This toll shall
    be set apart and appropriated to the payment of that
    indebtedness, the interest thereon, and the expense of
    keeping the bridge in repair and of maintaining, opening,
    and closing the draws and lights, or, in case of a ferry,
    keeping the approaches and boat in repair and for operating
    the ferry.
        (5) The General Assembly finds that electronic toll
    collection systems in Illinois should be standardized to
    promote safety, efficiency, and traveler convenience. If
    electronic toll collection is used on such bridge or ferry,
    the municipality shall configure the electronic toll
    collection system to be compatible with the electronic toll
    collection system used by the Illinois State Toll Highway
    Authority. The municipality may enter into an
    intergovernmental agreement with the Illinois State Toll
    Highway Authority to provide for such compatibility or to
    have the Authority provide electronic toll collection or
    toll violation enforcement services.
(Source: P.A. 94-1055, eff. 1-1-07.)
 
    (605 ILCS 5/10-702)  (from Ch. 121, par. 10-702)
    Sec. 10-702. Every municipality has the power:
        (1) To acquire, by purchase or otherwise, construct,
    operate and maintain, and repair any bridge within the
    corporate limits, or within 5 miles of the corporate limits
    of the municipality, including the necessary land therefor
    and the approaches thereto. In the exercise of the
    authority herein granted, the municipality may acquire
    such property, or any portion thereof or interest therein
    through condemnation proceedings for the exercise of the
    right of eminent domain under the Eminent Domain Act.
        (2) To acquire, purchase, hold, use, lease, mortgage,
    sell, transfer, and dispose of any property, real,
    personal, mixed, tangible or intangible, or any interest
    therein in connection with such a bridge or bridges;
        (3) To fix, alter, charge, collect, segregate, and
    apply tolls and other charges for transit over and use of
    such a bridge or bridges, provided that, if electronic toll
    collection is used on such bridge or ferry, the
    municipality shall configure the electronic toll
    collection system to be compatible with the electronic toll
    collection system used by the Illinois State Toll Highway
    Authority;
        (4) To borrow money, make and issue bonds payable from
    and secured by a pledge of net revenue of the bridge for
    the construction of which such bonds may be issued;
        (5) To make contracts of every kind and nature and to
    execute all instruments necessary or convenient for the
    carrying out of the purposes of this Division of this
    Article;
        (6) To accept grants from the United States and to
    enter into contracts with the United States in connection
    therewith;
        (7) To enter upon any lands, areas, and premises for
    the purpose of making soundings, surveys and examinations;
        (7.5) To enter into intergovernmental agreements with
    the Illinois State Toll Highway Authority to provide for
    the compatibility of electronic toll collection services
    or to have the Authority provide electronic toll collection
    or toll violation enforcement services; and
        (8) To do all things necessary to carry out the powers
    given in this Division of this Article.
(Source: P.A. 94-1055, eff. 1-1-07.)
 
    (605 ILCS 5/10-802)  (from Ch. 121, par. 10-802)
    Sec. 10-802. Each municipality has the power:
    (1) To acquire, by purchase or otherwise, construct,
reconstruct, improve, enlarge, better, operate, maintain and
repair any bridge within the corporate limits or within 5 miles
of the corporate limits of the municipality;
    (2) To acquire, purchase, hold, use, lease, mortgage, sell,
transfer and dispose of any property, real or personal or
mixed, tangible or intangible, or any interest therein, in
connection with such a bridge, including the power and
authority to grant perpetual easements or franchises to any
railroad or public transportation facility or any assignee
thereof, as a part of the consideration of the purchase of any
such bridge, for the exclusive right to the use of a portion or
portions of any such bridge for the transportation of persons
or property across such bridge;
    (3) To fix, alter, charge, collect, segregate, and apply
tolls and other charges for transit over and use of such a
bridge, provided that, if electronic toll collection is used on
such bridge or ferry, the municipality shall configure the
electronic toll collection system to be compatible with the
electronic toll collection system used by the Illinois State
Toll Highway Authority;
    (4) To borrow money, make and issue bonds payable from and
secured by a pledge of the net revenue of the bridge for the
acquisition, construction, reconstruction, improvement,
enlargement, betterment or repair of which such bonds may be
issued;
    (5) To cooperate with any adjoining state, or any political
subdivision, agency, department, bureau, commission or
authority thereof, of whatsoever kind, in the acquisition,
construction, reconstruction, improvement, enlargement,
betterment, operation, maintenance and repair of any bridge,
and in defraying the cost thereof;
    (6) To make contracts of every kind and nature and to
execute all instruments necessary or convenient for the
carrying out of the purposes of this Division of this Article;
    (7) Without limitation of the foregoing, to borrow money
and to accept grants from the United States or any person, and
to enter into contracts with the United States and such person
in connection therewith; and
    (7.5) To enter into intergovernmental agreements with the
Illinois State Toll Highway Authority to provide for the
compatibility of electronic toll collection services or to have
the Authority provide electronic toll collection or toll
violation enforcement services; and
    (8) To alter, widen, lay out, open or construct any
streets, avenues or boulevards within or without any
municipality deemed necessary to provide adequate traffic
regulation and approach or approaches to such bridge or
bridges, and to borrow money and issue bonds for such purpose
as provided by this Division of this Article.
(Source: Laws 1961, p. 2575.)
 
    Section 10. The Toll Highway Act is amended by changing
Section 11 as follows:
 
    (605 ILCS 10/11)  (from Ch. 121, par. 100-11)
    Sec. 11. The Authority shall have power:
    (a) To enter upon lands, waters and premises in the State
for the purpose of making surveys, soundings, drillings and
examinations as may be necessary, expedient or convenient for
the purposes of this Act, and such entry shall not be deemed to
be a trespass, nor shall an entry for such purpose be deemed an
entry under any condemnation proceedings which may be then
pending; provided, however, that the Authority shall make
reimbursement for any actual damage resulting to such lands,
waters and premises as the result of such activities.
    (b) To construct, maintain and operate stations for the
collection of tolls or charges upon and along any toll
highways.
    (c) To provide for the collection of tolls and charges for
the privilege of using the said toll highways. Before it adopts
an increase in the rates for toll, the Authority shall hold a
public hearing at which any person may appear, express
opinions, suggestions, or objections, or direct inquiries
relating to the proposed increase. Any person may submit a
written statement to the Authority at the hearing, whether
appearing in person or not. The hearing shall be held in the
county in which the proposed increase of the rates is to take
place. The Authority shall give notice of the hearing by
advertisement on 3 successive days at least 15 days prior to
the date of the hearing in a daily newspaper of general
circulation within the county within which the hearing is held.
The notice shall state the date, time, and place of the
hearing, shall contain a description of the proposed increase,
and shall specify how interested persons may obtain copies of
any reports, resolutions, or certificates describing the basis
on which the proposed change, alteration, or modification was
calculated. After consideration of any statements filed or oral
opinions, suggestions, objections, or inquiries made at the
hearing, the Authority may proceed to adopt the proposed
increase of the rates for toll. No change or alteration in or
modification of the rates for toll shall be effective unless at
least 30 days prior to the effective date of such rates notice
thereof shall be given to the public by publication in a
newspaper of general circulation, and such notice, or notices,
thereof shall be posted and publicly displayed at each and
every toll station upon or along said toll highways.
    (d) To construct, at the Authority's discretion, grade
separations at intersections with any railroads, waterways,
street railways, streets, thoroughfares, public roads or
highways intersected by the said toll highways, and to change
and adjust the lines and grades thereof so as to accommodate
the same to the design of such grade separation and to
construct interchange improvements. The Authority is
authorized to provide such grade separations or interchange
improvements at its own cost or to enter into contracts or
agreements with reference to division of cost therefor with any
municipality or political subdivision of the State of Illinois,
or with the Federal Government, or any agency thereof, or with
any corporation, individual, firm, person or association.
Where such structures have been built by the Authority and a
local highway agency did not enter into an agreement to the
contrary, the Authority shall maintain the entire structure,
including the road surface, at the Authority's expense.
    (e) To contract with and grant concessions to or lease or
license to any person, partnership, firm, association or
corporation so desiring the use of any part of any toll
highways, excluding the paved portion thereof, but including
the right of way adjoining, under, or over said paved portion
for the placing of telephone, telegraph, electric, power lines
and other utilities, and for the placing of pipe lines, and to
enter into operating agreements with or to contract with and
grant concessions to or to lease to any person, partnership,
firm, association or corporation so desiring the use of any
part of the toll highways, excluding the paved portion thereof,
but including the right of way adjoining, or over said paved
portion for motor fuel service stations and facilities,
garages, stores and restaurants, or for any other lawful
purpose, and to fix the terms, conditions, rents, rates and
charges for such use.
    The Authority shall also have power to establish reasonable
regulations for the installation, construction, maintenance,
repair, renewal, relocation and removal of pipes, mains,
conduits, cables, wires, towers, poles and other equipment and
appliances (herein called public utilities) of any public
utility as defined in the Public Utilities Act along, over or
under any toll road project. Whenever the Authority shall
determine that it is necessary that any such public utility
facilities which now are located in, on, along, over or under
any project or projects be relocated or removed entirely from
any such project or projects, the public utility owning or
operating such facilities shall relocate or remove the same in
accordance with the order of the Authority. All costs and
expenses of such relocation or removal, including the cost of
installing such facilities in a new location or locations, and
the cost of any land or lands, or interest in land, or any
other rights required to accomplish such relocation or removal
shall be ascertained and paid by the Authority as a part of the
cost of any such project or projects, and further, there shall
be no rent, fee or other charge of any kind imposed upon the
public utility owning or operating any facilities ordered
relocated on the properties of the said Authority and the said
Authority shall grant to the said public utility owning or
operating said facilities and its successors and assigns the
right to operate the same in the new location or locations for
as long a period and upon the same terms and conditions as it
had the right to maintain and operate such facilities in their
former location or locations.
    (f) To enter into an intergovernmental agreement or
contract with a unit of local government or other public or
private entity for the collection, enforcement, and
administration of tolls, fees, revenue, and violations.
    The General Assembly finds that electronic toll collection
systems in Illinois should be standardized to promote safety,
efficiency, and traveler convenience. The Authority shall
cooperate with other public and private entities to further the
goal of standardized toll collection in Illinois and is
authorized to provide toll collection and toll violation
enforcement services to such entities when doing so is in the
best interest of the Authority and consistent with its
obligations under Section 23 of this Act.
(Source: P.A. 94-636, eff. 8-22-05.)
 
    Section 15. The Toll Bridge Act is amended by changing
Section 7 as follows:
 
    (605 ILCS 115/7)  (from Ch. 137, par. 7)
    Sec. 7. The county board shall fix the rates of toll, and
may from time to time, alter and change the same, and in case
of the neglect of the owner of the bridge to keep the same in
proper repair and safe for the crossing of persons and
property, may prohibit the taking of toll.
    The General Assembly finds that electronic toll collection
systems in Illinois should be standardized to promote safety,
efficiency, and traveler convenience. If electronic toll
collection is used on such bridge, the county shall cause the
configuration of the electronic toll collection system to be
compatible with the electronic toll collection system used by
the Illinois State Toll Highway Authority. The municipality may
enter into an intergovernmental agreement with the Illinois
State Toll Highway Authority to provide for such compatibility
or to have the Authority provide electronic toll collection or
toll violation enforcement services. Any toll bridges in
Winnebago County that are in operation and collecting tolls on
the effective date of this amendatory Act of the 97th General
Assembly are exempt from the provisions of the Act.
(Source: R.S. 1874, p. 1059.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/4/2011