Tollway Oversight Committee

Filed: 4/16/2008

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4354

2     AMENDMENT NO. ______. Amend House Bill 4354 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Toll Bridge Act is amended by changing
5 Section 13 and by adding Sections 18, 19, 20, 21, 22, 23, 24,
6 25, 26, 27, and 28 as follows:
 
7     (605 ILCS 115/13)  (from Ch. 137, par. 13)
8     Sec. 13. Larceny; failure to pay toll; penalties.
9     (a) Any person who willfully, maliciously, and forcibly
10 breaks any mechanical or electronic toll collection device of a
11 toll bridge operator or any appurtenance thereto with the
12 intent to commit larceny is guilty of a Class 4 felony.
13     (b) Any operator of a motor vehicle who passes through a
14 toll gate or other area of a toll road bridge where a toll or
15 charge is due without paying the amount due is guilty of a
16 petty offense with a maximum fine not to exceed $500. Every

 

 

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1 person who shall willfully break, throw, draw or injure any
2 gate erected on any toll bridge, or shall forcibly or
3 fraudulently pass over any such bridge without having first
4 paid or tendered the legal toll, shall be deemed guilty of a
5 petty offense, and upon conviction shall be fined, in addition
6 to the damage resulting from such wrongful act, in any sum not
7 exceeding ten dollars.
8 (Source: P.A. 89-657, eff. 8-14-96)
 
9     (605 ILCS 115/18 new)
10     Sec. 18. Automated traffic enforcement system.
11     (a) An operator may use state-of-the-art technology,
12 including but not limited to an automated traffic law
13 enforcement system, vehicle identification photography, and
14 video surveillance, to aid in the collection of tolls and
15 enforcement of toll violations.
16     (b) An "operator" is any entity, public or private,
17 authorized to collect tolls on an Illinois toll bridge,
18 including the Chicago Skyway Toll Bridge.
 
19     (605 ILCS 115/19 new)
20     Sec. 19. Toll evasion violation.
21     (a) If evidence of a violation of subsection (b) of Section
22 13 is obtained by an automated traffic law enforcement system,
23 the operator of the toll bridge on which the violation
24 allegedly occurred shall provide written notice of the alleged

 

 

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1 violation to the owner of the vehicle that is alleged to have
2 been used in committing the violation. Notice under this
3 Section must be sent by First Class United States Mail or other
4 means as provided by law, postage prepaid to the address of the
5 registered owner of the cited vehicle as recorded with the
6 Secretary of State's vehicle registration records. The notice
7 must include the following information:
8         (1) The date, time, and location of the alleged
9     violation.
10         (2) The name and address of the vehicle owner.
11         (3) The license plate and registration number of the
12     vehicle alleged to have committed the violation.
13         (4) Notice that the basis of the violation is the
14     photograph or recorded image from the automated traffic law
15     enforcement system.
16         (5) The amount of the toll that is owed and the amount
17     of any costs or other assessments added by the operator to
18     the amount due to offset the administrative fees and
19     collection costs of the operator. An amount under this item
20     shall not exceed the amount specified in Section 26.
21         (6) That the owner of the vehicle has 15 days from the
22     date the operator mails notice of the alleged violation to
23     pay the amounts specified in the notice or to inform the
24     operator of the owner's intent to deny the owner's
25     responsibility for the alleged violation.
26         (7) Notice of the opportunity to be heard on the

 

 

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1     question of the alleged violation.
2     (b) Each toll violation shall be considered a separate
3 violation.
4     (c) If the owner of a vehicle receives notice under this
5 Section, the owner must: (1) pay the amount specified in the
6 notice; or (2) deny responsibility for the violation alleged in
7 the notice with a written explanation within 15 days. A failure
8 to comply with this subsection (c) shall result in the
9 imposition of toll evasion penalties.
10     (d) The processing entity shall provide the vehicle owner
11 with notice that he or she may submit an affidavit of
12 non-liability offering proof that: (1) the vehicle in question
13 was rented or leased at the time of violation; (2) the vehicle
14 in question was sold at the time of the violation; or (3) the
15 vehicle or license plate in question was stolen at the time of
16 the violation.
 
17     (605 ILCS 115/20 new)
18     Sec. 20. Administrative review.
19     (a) Upon notice of a contest of toll violation, the
20 processing entity shall either investigate its own records and
21 staff or request that the operator, if separate from the
22 processing entity, investigate the circumstances of the notice
23 with respect to the contestant's written explanation of reasons
24 for contesting the toll violation. If, based upon the results
25 of that investigation, the processing entity is satisfied that

 

 

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1 the violation did not occur or that that registered owner was
2 not responsible for the violation, the processing entity shall
3 cancel the notice of toll evasion. The processing entity shall
4 provide written notice to the vehicle owner whether it will
5 cancel the violation or whether the violation shall remain in
6 force.
7     (b) If the contestant is not satisfied with the results of
8 the investigation provided for in subsection (a), the
9 contestant may, within 21 days after receipt of the decision of
10 the internal review, deposit the amount of the toll evasion
11 violation and request an administrative review. An
12 administrative review shall be held within 60 calendar days
13 following the receipt of request.
14     (c) The operator shall contract with a public agency or a
15 private entity that has no financial interest in the toll
16 bridge for the provision of administrative review services. The
17 costs of those administrative review services shall be included
18 in the administrative fees authorized by this Act.
19     (d) The operator shall not be required to produce any
20 evidence other than the notice of toll evasion violation or a
21 copy thereof, information identifying the registered owner of
22 the vehicle, and an affidavit from the person reporting the
23 violations. This documentation, in proper form, shall be
24 considered prima facie evidence of the violation.
25     (e) The administrative review shall be conducted in
26 accordance with the written procedure established by the

 

 

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1 operator, which shall ensure fair and impartial review of
2 contested toll evasion violations.
 
3     (605 ILCS 115/21 new)
4     Sec. 21. Appeal of administrative review. Judicial review
5 of final administrative review decisions issued pursuant to
6 this Act shall be conducted in the circuit court of the county
7 in which the violation occurred pursuant to the Administrative
8 Review Law, which is hereby expressly adopted.
 
9     (605 ILCS 115/22 new)
10     Sec. 22. Toll evasion penalty.
11     (a) Upon the failure of a vehicle owner to respond to
12 proper notice of a toll evasion violation in accordance with
13 Section 19, the vehicle owner shall be liable for a toll
14 evasion penalty in addition the amount set forth in the final
15 toll evasion notice. The toll evasion penalty shall not exceed
16 $150 for the first violation, $300 for a second violation
17 within one year, and $500 for each additional violation within
18 one year.
19     (b) Toll evasion penalties shall be collected as civil
20 penalties.
 
21     (605 ILCS 115/23 new)
22     Sec. 23. Enforcement of unpaid toll evasion penalty. If the
23 owner of a vehicle who receives a notice of toll evasion

 

 

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1 penalty under this Section: fails to pay the amounts specified
2 in the notice; or fails to respond to the notice requesting an
3 administrative hearing, then the processing entity shall
4 proceed under one or more of the following options to collect
5 an unpaid toll evasion penalty:
6         (1) File a certification report of unpaid toll evasion
7     penalty with the Secretary of State to suspend the owner's
8     vehicle registration as provided in Section 24 of this Act.
9         (2) File proof of failure to pay toll evasion penalty
10     with a court of competent jurisdiction with the same effect
11     as a civil judgment. Execution may be levied and other
12     measures may be taken for the collection of the judgment as
13     are authorized for the collection of an unpaid civil
14     judgment entered against a defendant in an action on a
15     debtor. The court may assess costs against a judgment
16     debtor to be paid upon satisfaction of the judgment. The
17     processing entity shall send a notice by first­class mail
18     to the person or registered owner indicating that a
19     judgment shall be entered for the unpaid penalties, fees,
20     and costs and that, after 30 days from the date of the
21     mailing of notice, the judgment shall have the same effect
22     as an entry of judgment against a judgment debtor. The
23     person or registered owner shall also be notified at that
24     time that execution may be levied against his or her
25     assets, liens may be placed against his or her property,
26     his or her wages may be garnished, outstanding judgments

 

 

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1     may be reported to the credit bureau, civil penalties
2     assessed, and other steps may be taken to satisfy the
3     judgment. The filing fee plus any costs of collection shall
4     be added to the judgment amount. This amount shall not be
5     restricted by Section 13, 20, 21, or 24 of this Act.
 
6     (605 ILCS 115/24 new)
7     Sec. 24. Suspension of vehicle registration.
8     (a) Notwithstanding any other penalties that may be
9 imposed, the Secretary of State shall suspend the registration
10 of any vehicle upon notice by the processing entity that a
11 registered owner who has received notice of toll evasion
12 penalty and has failed to:
13         (1) pay the toll, administrative fees, and toll evasion
14     penalty for the violation by the later of the date
15     specified in the notice of toll evasion penalty or within
16     90 business days; or
17         (2) provide notice of intention to contest liability
18     for the toll evasion penalty by the later of the date
19     specified in the notice of toll evasion penalty or within
20     30 business days.
21     (b) A prerequisite to the suspension of vehicle
22 registration by the Secretary of State shall be the submission
23 to the Secretary of State, by the processing entity, of a
24 certified report containing the following information:
25         (1) The name, last known address as recorded with the

 

 

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1     Secretary of State, or, for a lessee of a cited vehicle,
2     the last known address known to the lessor of the cited
3     vehicle at the time of the lease, and the driver's license
4     number of the person who failed to satisfy the final order
5     or liability and the registration number of any vehicle
6     known to be registered in the State of Illinois to the
7     person.
8         (2) A statement that the processing entity sent a
9     notice of impending suspension of the person's driver's
10     license, vehicle registration, or both, to the person named
11     in the report at the address recorded with the Secretary of
12     State, the date on which the notice was sent, and the
13     address to which the notice was sent.
14     (c) A person to whom the notice is sent may challenge the
15 accuracy contained in the certified report by providing written
16 notice to the processing entity.
17     (d) In addition to any tolls, penalties, or fees assessed
18 by the processing entity for toll violations, the registered
19 owner of the vehicle involved in the toll violations at issue
20 shall be required to reimburse the processing entity for all
21 fees paid to the Secretary of State for the enforcement of
22 Section 24.
 
23     (605 ILCS 115/25 new)
24     Sec. 25. Toll evasion processing and collection.
25     (a) An operator may elect to contract with the State, the

 

 

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1 county, a local authority, or a private entity for the
2 processing and collection of toll evasion violations and toll
3 evasion penalties.
4     (b) As used in this Act, "toll evasion penalty" includes,
5 but is not limited to, any fine, assessment, and costs of
6 collection as provided by law.
7     (c) As used in this Act, "toll evasion violation" includes
8 the unpaid toll and applicable administrative fees.
9     (d) If a contract is entered into pursuant to subsection
10 (a) of this Section, "processing entity" means the party
11 responsible for the processing of the notices of toll evasions
12 and notices of toll evasion penalties. Absent such a contract,
13 "processing entity" shall be synonymous with the operator of
14 the toll bridge.
 
15     (605 ILCS 115/26 new)
16     Sec. 26. Administrative fees. The operator shall be
17 entitled to assess administrative fees for each unpaid toll for
18 operating costs and expenses, including but not limited to
19 processing, review, and confirmation of driver information and
20 licenses plate information, dispute proceedings, and other
21 costs incurred in processing the unpaid toll in an amount not
22 to exceed $75.
 
23     (605 ILCS 115/27 new)
24     Sec. 27. Disbursement of toll evasion penalties. The

 

 

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1 operator shall be entitled to receive all unpaid tolls and
2 administrative fees from any toll evasion penalty collected
3 pursuant to this Act. The balance of the toll evasion penalty,
4 if any, shall be disbursed to the municipality in which the
5 toll bridge is located.
 
6     (605 ILCS 115/28 new)
7     Sec. 28. Privacy. Photographs or recorded images used
8 pursuant to this Act are confidential and shall be made
9 available only to the owner of the vehicle, the alleged
10 offender, the alleged offender's attorney, the judiciary, any
11 private entities specifically contracted with for the
12 processing and collection of toll evasion violations or toll
13 evasion penalties, and to governmental or law enforcement
14 agencies.".