100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5297

 

Introduced , by Rep. John C. D'Amico

 

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

    Amends the Toll Highway Act. In a Section concerning enforcement, changes "vehicle" to "motor vehicle", and provides that "motor vehicle" does not include trailers.


LRB100 17171 LNS 32326 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5297LRB100 17171 LNS 32326 b

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
5Section 10 as follows:
 
6    (605 ILCS 10/10)  (from Ch. 121, par. 100-10)
7    Sec. 10. The Authority shall have power:
8    (a) To pass resolutions, make by-laws, rules and
9regulations for the management, regulation and control of its
10affairs, and to fix tolls, and to make, enact and enforce all
11needful rules and regulations in connection with the
12construction, operation, management, care, regulation or
13protection of its property or any toll highways, constructed or
14reconstructed hereunder.
15    (a-5) To fix, assess, and collect civil fines for a motor
16vehicle's operation on a toll highway without the required toll
17having been paid. The Authority may establish by rule a system
18of civil administrative adjudication to adjudicate only
19alleged instances of a motor vehicle's operation on a toll
20highway without the required toll having been paid, as detected
21by the Authority's video or photo surveillance system. In cases
22in which the operator of the motor vehicle is not the
23registered motor vehicle owner, the establishment of ownership

 

 

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1of the motor vehicle creates a rebuttable presumption that the
2motor vehicle was being operated by an agent of the registered
3motor vehicle owner. If the registered motor vehicle owner
4liable for a violation under this Section was not the operator
5of the motor vehicle at the time of the violation, the owner
6may maintain an action for indemnification against the operator
7in the circuit court. Rules establishing a system of civil
8administrative adjudication must provide for written notice,
9by first class mail or other means provided by law, to the
10address of the registered owner of the cited motor vehicle as
11recorded with the Secretary of State or to the lessee of the
12cited motor vehicle at the last address known to the lessor of
13the cited motor vehicle at the time of the lease, of the
14alleged violation and an opportunity to be heard on the
15question of the violation and must provide for the
16establishment of a toll-free telephone number to receive
17inquiries concerning alleged violations. The notice shall also
18inform the registered motor vehicle owner that failure to
19contest in the manner and time provided shall be deemed an
20admission of liability and that a final order of liability may
21be entered on that admission. A duly authorized agent of the
22Authority may perform or execute the preparation,
23certification, affirmation, or mailing of the notice. A notice
24of violation, sworn or affirmed to or certified by a duly
25authorized agent of the Authority, or a facsimile of the
26notice, based upon an inspection of photographs,

 

 

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1microphotographs, videotape, or other recorded images produced
2by a video or photo surveillance system, shall be admitted as
3prima facie evidence of the correctness of the facts contained
4in the notice or facsimile. Only civil fines, along with the
5corresponding outstanding toll, and costs may be imposed by
6administrative adjudication. A fine may be imposed under this
7paragraph only if a violation is established by a preponderance
8of the evidence. Judicial review of all final orders of the
9Authority under this paragraph shall be conducted in the
10circuit court of the county in which the administrative
11decision was rendered in accordance with the Administrative
12Review Law.
13    The Authority may maintain a listing or searchable database
14on its website of persons or entities that have been issued one
15or more final orders of liability with a total amount due of
16more than $1,000 for tolls, fines, unpaid late fees, or
17administrative costs that remain unpaid after the exhaustion
18of, or the failure to exhaust, the judicial review procedures
19under the Administrative Review Law. Each entry may include the
20person's or entity's name as listed on the final order of
21liability.
22    Any outstanding toll, fine, additional late payment fine,
23other sanction, or costs imposed, or part of any fine, other
24sanction, or costs imposed, remaining unpaid after the
25exhaustion of, or the failure to exhaust, judicial review
26procedures under the Administrative Review Law are a debt due

 

 

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1and owing the Authority and may be collected in accordance with
2applicable law. After expiration of the period in which
3judicial review under the Administrative Review Law may be
4sought, unless stayed by a court of competent jurisdiction, a
5final order of the Authority under this subsection (a-5) may be
6enforced in the same manner as a judgment entered by a court of
7competent jurisdiction. Notwithstanding any other provision of
8this Act, the Authority may, with the approval of the Attorney
9General, retain a law firm or law firms with expertise in the
10collection of government fines and debts for the purpose of
11collecting fines, costs, and other moneys due under this
12subsection (a-5).
13    A system of civil administrative adjudication may also
14provide for a program of motor vehicle immobilization, tow, or
15impoundment for the purpose of facilitating enforcement of any
16final order or orders of the Authority under this subsection
17(a-5) that result in a finding or liability for 5 or more
18violations after expiration of the period in which judicial
19review under the Administrative Review Law may be sought. The
20registered motor vehicle owner of a motor vehicle immobilized,
21towed, or impounded for nonpayment of a final order of the
22Authority under this subsection (a-5) shall have the right to
23request a hearing before the Authority's civil administrative
24adjudicatory system to challenge the validity of the
25immobilization, tow, or impoundment. This hearing, however,
26shall not constitute a readjudication of the merits of

 

 

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1previously adjudicated notices. Judicial review of all final
2orders of the Authority under this subsection (a-5) shall be
3conducted in the circuit court of the county in which the
4administrative decision was rendered in accordance with the
5Administrative Review Law.
6    No commercial entity that is the lessor of a motor vehicle
7under a written lease agreement shall be liable for an
8administrative notice of violation for toll evasion issued
9under this subsection (a-5) involving that motor vehicle during
10the period of the lease if the lessor provides a copy of the
11leasing agreement to the Authority within 30 days of the issue
12date on the notice of violation. The leasing agreement also
13must contain a provision or addendum informing the lessee that
14the lessee is liable for payment of all tolls and any fines for
15toll evasion. Each entity must also post a sign at the leasing
16counter notifying the lessee of that liability. The copy of the
17leasing agreement provided to the Authority must contain the
18name, address, and driver's license number of the lessee, as
19well as the check-out and return dates and times of the motor
20vehicle and the motor vehicle license plate number and motor
21vehicle make and model.
22    As used in this subsection (a-5), "lessor" includes
23commercial leasing and rental entities but does not include
24public passenger motor vehicle entities.
25    The Authority shall establish an amnesty program for
26violations adjudicated under this subsection (a-5). Under the

 

 

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1program, any person who has an outstanding notice of violation
2for toll evasion or a final order of a hearing officer for toll
3evasion dated prior to the effective date of this amendatory
4Act of the 94th General Assembly and who pays to the Authority
5the full percentage amounts listed in this paragraph remaining
6due on the notice of violation or final order of the hearing
7officer and the full fees and costs paid by the Authority to
8the Secretary of State relating to suspension proceedings, if
9applicable, on or before 5:00 p.m., Central Standard Time, of
10the 60th day after the effective date of this amendatory Act of
11the 94th General Assembly shall not be required to pay more
12than the listed percentage of the original fine amount and
13outstanding toll as listed on the notice of violation or final
14order of the hearing officer and the full fees and costs paid
15by the Authority to the Secretary of State relating to
16suspension proceedings, if applicable. The payment percentage
17scale shall be as follows: a person with 25 or fewer violations
18shall be eligible for amnesty upon payment of 50% of the
19original fine amount and the outstanding tolls; a person with
20more than 25 but fewer than 51 violations shall be eligible for
21amnesty upon payment of 60% of the original fine amount and the
22outstanding tolls; and a person with 51 or more violations
23shall be eligible for amnesty upon payment of 75% of the
24original fine amount and the outstanding tolls. In such a
25situation, the Executive Director of the Authority or his or
26her designee is authorized and directed to waive any late fine

 

 

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1amount above the applicable percentage of the original fine
2amount. Partial payment of the amount due shall not be a basis
3to extend the amnesty payment deadline nor shall it act to
4relieve the person of liability for payment of the late fine
5amount. In order to receive amnesty, the full amount of the
6applicable percentage of the original fine amount and
7outstanding toll remaining due on the notice of violation or
8final order of the hearing officer and the full fees and costs
9paid by the Authority to the Secretary of State relating to
10suspension proceedings, if applicable, must be paid in full by
115:00 p.m., Central Standard Time, of the 60th day after the
12effective date of this amendatory Act of the 94th General
13Assembly. This amendatory Act of the 94th General Assembly has
14no retroactive effect with regard to payments already tendered
15to the Authority that were full payments or payments in an
16amount greater than the applicable percentage, and this Act
17shall not be the basis for either a refund or a credit. This
18amendatory Act of the 94th General Assembly does not apply to
19toll evasion citations issued by the Illinois State Police or
20other authorized law enforcement agencies and for which payment
21may be due to or through the clerk of the circuit court. The
22Authority shall adopt rules as necessary to implement the
23provisions of this amendatory Act of the 94th General Assembly.
24The Authority, by a resolution of the Board of Directors, shall
25have the discretion to implement similar amnesty programs in
26the future. The Authority, at its discretion and in

 

 

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1consultation with the Attorney General, is further authorized
2to settle an administrative fine or penalty if it determines
3that settling for less than the full amount is in the best
4interests of the Authority after taking into account the
5following factors: (1) the merits of the Authority's claim
6against the respondent; (2) the amount that can be collected
7relative to the administrative fine or penalty owed by the
8respondent; (3) the cost of pursuing further enforcement or
9collection action against the respondent; (4) the likelihood of
10collecting the full amount owed; and (5) the burden on the
11judiciary. The provisions in this Section may be extended to
12other toll facilities in the State of Illinois through a duly
13executed agreement between the Authority and the operator of
14the toll facility.
15    (b) To prescribe rules and regulations applicable to
16traffic on highways under the jurisdiction of the Authority,
17concerning:
18        (1) Types of motor vehicles permitted to use such
19    highways or parts thereof, and classification of such motor
20    vehicles;
21        (2) Designation of the lanes of traffic to be used by
22    the different types of motor vehicles permitted upon said
23    highways;
24        (3) Stopping, standing, and parking of motor vehicles;
25        (4) Control of traffic by means of police officers or
26    traffic control signals;

 

 

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1        (5) Control or prohibition of processions, convoys,
2    and assemblages of motor vehicles and persons;
3        (6) Movement of traffic in one direction only on
4    designated portions of said highways;
5        (7) Control of the access, entrance, and exit of motor
6    vehicles and persons to and from said highways; and
7        (8) Preparation, location and installation of all
8    traffic signs; and to prescribe further rules and
9    regulations applicable to such traffic, concerning matters
10    not provided for either in the foregoing enumeration or in
11    the Illinois Vehicle Code. Notice of such rules and
12    regulations shall be posted conspicuously and displayed at
13    appropriate points and at reasonable intervals along said
14    highways, by clearly legible markers or signs, to provide
15    notice of the existence of such rules and regulations to
16    persons traveling on said highways. At each toll station,
17    the Authority shall make available, free of charge,
18    pamphlets containing all of such rules and regulations.
19    (c) The Authority, in fixing the rate for tolls for the
20privilege of using the said toll highways, is authorized and
21directed, in fixing such rates, to base the same upon annual
22estimates to be made, recorded and filed with the Authority.
23Said estimates shall include the following: The estimated total
24amount of the use of the toll highways; the estimated amount of
25the revenue to be derived therefrom, which said revenue, when
26added to all other receipts and income, will be sufficient to

 

 

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1pay the expense of maintaining and operating said toll
2highways, including the administrative expenses of the
3Authority, and to discharge all obligations of the Authority as
4they become due and payable.
5    (d) To accept from any municipality or political
6subdivision any lands, easements or rights in land needed for
7the operation, construction, relocation or maintenance of any
8toll highways, with or without payment therefor, and in its
9discretion to reimburse any such municipality or political
10subdivision out of its funds for any cost or expense incurred
11in the acquisition of land, easements or rights in land, in
12connection with the construction and relocation of the said
13toll highways, widening, extending roads, streets or avenues in
14connection therewith, or for the construction of any roads or
15streets forming extension to and connections with or between
16any toll highways, or for the cost or expense of widening,
17grading, surfacing or improving any existing streets or roads
18or the construction of any streets and roads forming extensions
19of or connections with any toll highways constructed,
20relocated, operated, maintained or regulated hereunder by the
21Authority. Where property owned by a municipality or political
22subdivision is necessary to the construction of an approved
23toll highway, if the Authority cannot reach an agreement with
24such municipality or political subdivision and if the use to
25which the property is being put in the hands of the
26municipality or political subdivision is not essential to the

 

 

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1existence or the administration of such municipality or
2political subdivision, the Authority may acquire the property
3by condemnation.
4    As used in this Section, "motor vehicle" does not include
5trailers.
6(Source: P.A. 98-559, eff. 1-1-14; 99-214, eff. 1-1-16.)