Illinois General Assembly - Full Text of HB0394
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Full Text of HB0394  102nd General Assembly




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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
5Section 19 as follows:
6    (605 ILCS 10/19)  (from Ch. 121, par. 100-19)
7    Sec. 19. Toll rates. The Authority shall fix and revise
8from time to time, tolls or charges or rates for the privilege
9of using each of the toll highways constructed pursuant to
10this Act. Such tolls shall be so fixed and adjusted at rates
11calculated to provide the lowest reasonable toll rates that
12will provide funds sufficient with other revenues of the
13Authority to pay, (a) the cost of the construction of a toll
14highway authorized by joint resolution of the General Assembly
15pursuant to Section 14.1 and the reconstruction, major repairs
16or improvements of toll highways, (b) the cost of maintaining,
17repairing, regulating and operating the toll highways
18including only the necessary expenses of the Authority, and
19(c) the principal of all bonds, interest thereon and all
20sinking fund requirements and other requirements provided by
21resolutions authorizing the issuance of the bonds as they
22shall become due. In fixing the toll rates pursuant to this
23Section 19 and Section 10(c) of this Act, the Authority shall



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1take into account the effect of the provisions of this Section
219 permitting the use of the toll highway system without
3payment of the covenants of the Authority contained in the
4resolutions and trust indentures authorizing the issuance of
5bonds of the Authority. No such provision permitting the use
6of the toll highway system without payment of tolls after the
7date of this amendatory Act of the 95th General Assembly shall
8be applied in a manner that impairs the rights of bondholders
9pursuant to any resolution or trust indentures authorizing the
10issuance of bonds of the Authority. The use and disposition of
11any sinking or reserve fund shall be subject to such
12regulation as may be provided in the resolution or trust
13indenture authorizing the issuance of the bonds. Subject to
14the provisions of any resolution or trust indenture
15authorizing the issuance of bonds any moneys in any such
16sinking fund in excess of an amount equal to one year's
17interest on the bonds then outstanding secured by such sinking
18fund may be applied to the purchase or redemption of bonds. All
19such bonds so redeemed or purchased shall forthwith be
20cancelled and shall not again be issued. The Authority shall
21not charge a toll for a motor vehicle of the first division, as
22defined in the Illinois Vehicle Code, pulling a trailer, as
23defined in the Illinois Vehicle Code, with no more than 2 axles
24at a rate higher than an amount calculated by multiplying the
25toll charged to passenger vehicles using an I-PASS device by
26the total number of axles on the trailer. This toll rate set by



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1this amendatory Act of the 102nd General Assembly applies to
2both a driver who uses an I-PASS device and a driver who uses
3cash to pay tolls. No person shall be permitted to use any toll
4highway without paying the toll established under this Section
5except when on official Toll Highway Authority business which
6includes police and other emergency vehicles. However, any law
7enforcement agency vehicle, fire department vehicle, public or
8private ambulance service vehicle engaged in the performance
9of an emergency service or duty that necessitates the use of
10the toll highway system, or other emergency vehicle that is
11plainly marked shall not be required to pay a toll to use a
12toll highway. A law enforcement, fire protection, or emergency
13services officer driving a law enforcement, fire protection,
14emergency services agency vehicle, or public or private
15ambulance service vehicle engaging in the performance of
16emergency services or duties that is not plainly marked must
17present an Official Permit Card which the law enforcement,
18fire protection, or emergency services officer receives from
19his or her law enforcement, fire protection, emergency
20services agency, or public or private ambulance service in
21order to use a toll highway without paying the toll. A law
22enforcement, fire protection, emergency services agency, or
23public or private ambulance service engaging in the
24performance of emergency services or duties must apply to the
25Authority to receive a permit, and the Authority shall adopt
26rules for the issuance of a permit, that allows public or



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1private ambulance service vehicles engaged in the performance
2of emergency services or duties that necessitate the use of
3the toll highway system and all law enforcement, fire
4protection, or emergency services agency vehicles of the law
5enforcement, fire protection, or emergency services agency to
6use any toll highway without paying the toll established under
7this Section. The Authority shall maintain in its office a
8list of all persons that are authorized to use any toll highway
9without charge when on official business of the Authority and
10such list shall be open to the public for inspection. In
11recognition of the unique role of public transportation in
12providing effective transportation in the Authority's service
13region, and to give effect to the exemption set forth in
14subsection (b) of Section 2.06 of the Regional Transportation
15Authority Act, the following vehicles may use any toll highway
16without paying the toll: (1) a vehicle owned or operated by the
17Suburban Bus Division of the Regional Transportation Authority
18that is being used to transport passengers for hire; and (2)
19any revenue vehicle that is owned or operated by a Mass Transit
20District created under Section 3 of the Local Mass Transit
21District Act and running regular scheduled service.
22    Among other matters, this amendatory Act of 1990 is
23intended to clarify and confirm the prior intent of the
24General Assembly to allow toll revenues from the toll highway
25system to be used to pay a portion of the cost of the
26construction of the North-South Toll Highway authorized by



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1Senate Joint Resolution 122 of the 83rd General Assembly in
3(Source: P.A. 100-739, eff. 1-1-19.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.