100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4053

 

Introduced , by Rep. Allen Skillicorn

 

SYNOPSIS AS INTRODUCED:
 
605 ILCS 10/19  from Ch. 121, par. 100-19
605 ILCS 10/23  from Ch. 121, par. 100-23

    Amends the Toll Highway Act. Provides that beginning July 1, 2018, all toll revenue collected by the Illinois State Toll Highway Authority from the toll highway system, including, but not limited to, any civil fines or fees collected under the Act, shall be used to pay the principal and interest payments of all bonds issued by the Authority under the Act until all bond payment obligations have been satisfied. Provides that after satisfaction of the bond payment obligations, the Authority shall spend toll revenue received from the toll highway system as provided under the Act.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Toll Highway Act is amended by changing
5Sections 19 and 23 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,
17regulating and operating the toll highways including only the
18necessary expenses of the Authority, and (c) the principal of
19all bonds, interest thereon and all sinking fund requirements
20and other requirements provided by resolutions authorizing the
21issuance of the bonds as they shall become due. In fixing the
22toll rates pursuant to this Section 19 and Section 10(c) of
23this Act, the Authority shall take into account the effect of

 

 

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1the provisions of this Section 19 permitting the use of the
2toll highway system without payment of the covenants of the
3Authority contained in the resolutions and trust indentures
4authorizing the issuance of bonds of the Authority. No such
5provision permitting the use of the toll highway system without
6payment of tolls after the date of this amendatory Act of the
795th General Assembly shall be applied in a manner that impairs
8the rights of bondholders pursuant to any resolution or trust
9indentures authorizing the issuance of bonds of the Authority.
10The use and disposition of any sinking or reserve fund shall be
11subject to such regulation as may be provided in the resolution
12or trust indenture authorizing the issuance of the bonds.
13Subject to the provisions of any resolution or trust indenture
14authorizing the issuance of bonds any moneys in any such
15sinking fund in excess of an amount equal to one year's
16interest on the bonds then outstanding secured by such sinking
17fund may be applied to the purchase or redemption of bonds. All
18such bonds so redeemed or purchased shall forthwith be
19cancelled and shall not again be issued. No person shall be
20permitted to use any toll highway without paying the toll
21established under this Section except when on official Toll
22Highway Authority business which includes police and other
23emergency vehicles. However, any law enforcement agency
24vehicle, fire department vehicle, public or private ambulance
25service vehicle engaged in the performance of an emergency
26service or duty that necessitates the use of the toll highway

 

 

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

 

 

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1inspection. In recognition of the unique role of the Suburban
2Bus Division of the Regional Transportation Authority in
3providing effective transportation in the Authority's service
4region and to give effect to the exemption set forth in
5subsection (b) of Section 2.06 of the Regional Transportation
6Authority Act, a vehicle owned or operated by the Suburban Bus
7Division of the Regional Transportation Authority that is being
8used to transport passengers for hire may use any toll highway
9without paying the toll.
10    Among other matters, this amendatory Act of 1990 is
11intended to clarify and confirm the prior intent of the General
12Assembly to allow toll revenues from the toll highway system to
13be used to pay a portion of the cost of the construction of the
14North-South Toll Highway authorized by Senate Joint Resolution
15122 of the 83rd General Assembly in 1984.
16    Beginning July 1, 2018, all toll revenue collected by the
17Authority from the toll highway system, including, but not
18limited to, any civil fines or fees collected under subsection
19(a-5) of Section 10 of this Act, shall be used to pay the
20principal and interest payments of all bonds issued by the
21Authority under this Act until all bond payment obligations
22have been satisfied. After satisfaction of the bond payment
23obligations, the Authority shall spend toll revenue received
24from the toll highway system as provided under this Act.
25(Source: P.A. 97-784, eff. 1-1-13.)
 

 

 

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1    (605 ILCS 10/23)  (from Ch. 121, par. 100-23)
2    Sec. 23. Legislative declaration; Authority budget.     
3    (a) It is hereby declared, as a matter of legislative
4determination, that it is in the best interest of the State of
5Illinois, the public, and the holders of Authority bonds that
6Authority funds be expended only on goods and services that
7protect and enhance the efficiency, safety, and environmental
8quality of the toll highway system.
9    (b) Except as provided in subsection (j) of this Section,
10the The Authority shall spend moneys received from the issuance
11of bonds and as tolls or otherwise in the operation of the toll
12highway system only on the following:
13        (1) operations and maintenance expenditures that are
14    reasonable and necessary to keep the toll highway system in
15    a state of good repair in accordance with contemporary
16    highway safety and maintenance standards;
17        (2) principal and interest payments and payment of
18    other obligations the Authority has incurred in connection
19    with bonds issued under this Act;
20        (3) renewal and replacement expenditures necessary and
21    sufficient to protect and preserve the long-term
22    structural integrity of the toll highway system; and
23        (4) system improvement expenditures necessary and
24    sufficient to improve and expand the toll highway system,
25    subject to the requirements of this Act.
26    (c) Any moneys remaining after the expenditures listed in

 

 

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1subsection (b) may be spent only for reasonable and necessary
2Authority purposes that will enhance the safety, efficiency,
3and environmental quality of the toll highway system in a
4cost-effective manner. Authority funds may not be spent for
5purposes not reasonably related to toll highway operations and
6improvements or in a manner that is not cost-effective.
7    (d) The Authority must at all times maintain a reserve for
8maintenance and operating expenses that is no more than 130% of
9the operating expenses it has budgeted for its current fiscal
10year, unless the requirements of any bond resolution or trust
11indenture then securing obligations of the Authority mandate a
12greater amount.
13    (e) The Authority shall file with the Governor, the Clerk
14of the House of Representatives, the Secretary of the Senate,
15and the Commission on Government Forecasting and
16Accountability, on or prior to March 15th of each year, a
17written statement and report covering its activities for the
18preceding calendar year. The Authority shall present, to the
19committees of the House of Representatives designated by the
20Speaker of the House and to the committees of the Senate
21designated by the President of the Senate, an annual report
22outlining its planned revenues and expenditures. The Authority
23shall prepare an annual capital plan which identifies capital
24projects by location and details the project costs in correct
25dollar amounts. The Authority shall also prepare and file a
26ten-year capital plan that includes a listing of all capital

 

 

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1improvement projects contemplated during the ensuing ten-year
2period. The first ten-year capital plan shall be filed in 1991
3and thereafter on the anniversary of each ten-year period.
4    (f) It shall be the duty of the Auditor General of the
5State of Illinois, annually to audit or cause to be audited the
6books and records of the Authority and to file a certified copy
7of the report of such audit with the Governor and with the
8Legislative Audit Commission, which audit reports, when so
9filed, shall be open to the public for inspection.
10    (g) The Authority shall hold a public hearing on its
11proposed annual budget, not less than 15 days before its
12directors meet to consider adoption of the annual budget, at
13which any person may appear, express opinions, suggestions, or
14objections, or direct inquiries relating to the proposed
15budget. The Authority must give notice of the hearing at least
1615 days prior to the hearing stating the time, place, and
17purpose of the hearing in a daily newspaper of general
18circulation throughout the Authority's service area and by
19posting the meeting notice and a copy of the proposed budget on
20the Authority's website. The proceedings at the hearing shall
21be transcribed. The transcript shall be made available at
22reasonable hours for public inspection, and a copy of the
23transcript, together with a copy of all written statements
24submitted at the hearing, shall be submitted to the directors
25before the vote on adoption of the proposed annual budget.
26    (h) The Authority shall post on its website copies of its

 

 

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1annual report and its budget for the current year, along with
2any other financial information necessary to adequately inform
3the public of the Authority's financial condition and capital
4plan.
5    (i) The requirements set forth in subsections (b) through
6(g) may not be construed or applied in a manner that impairs
7the rights of bondholders under any bond resolution or trust
8indenture entered into in accordance with a bond resolution
9authorized by the Authority's directors, nor may those
10requirements be construed as a limitation on the Authority's
11powers as set forth elsewhere in this Act.
12    (j) Beginning July 1, 2018, all toll revenue collected by
13the Authority from the toll highway system, including, but not
14limited to, any civil fines or fees collected under subsection
15(a-5) of Section 10 of this Act, shall be used to pay the
16principal and interest payments of all bonds issued by the
17Authority under this Act until all bond payment obligations
18have been satisfied. After satisfaction of the bond payment
19obligations, the Authority shall spend toll revenue received
20from the toll highway system as provided under this Act.
21(Source: P.A. 93-1067, eff. 1-15-05; 94-636, eff. 8-22-05.)