Illinois General Assembly - Full Text of SB1298
Illinois General Assembly

Previous General Assemblies

Full Text of SB1298  100th General Assembly




SB1298 EnrolledLRB100 08733 AXK 18871 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
5Sections 3, 4, 5, and 10 as follows:
6    (605 ILCS 10/3)  (from Ch. 121, par. 100-3)
7    Sec. 3. There is hereby created an Authority to be known as
8The Illinois State Toll Highway Authority, which is hereby
9constituted an instrumentality and an administrative agency of
10the State of Illinois. The said Authority shall consist of 11
11directors; the Governor and the Secretary of the Department of
12Transportation, ex officio, and 9 directors appointed by the
13Governor with the advice and consent of the Senate, from the
14State at large, which said directors and their successors are
15hereby authorized to carry out the provisions of this Act, and
16to exercise the powers herein conferred. Of the 9 directors
17appointed by the Governor, no more than 5 shall be members of
18the same political party.
19    Notwithstanding any provision of law to the contrary, the
20term of office of each director of the Authority serving on the
21effective date of this amendatory Act of the 100th General
22Assembly, other than the Governor and the Secretary of the
23Department of Transportation, is abolished and a vacancy in



SB1298 Enrolled- 2 -LRB100 08733 AXK 18871 b

1each office is created on the effective date of this amendatory
2Act of the 100th General Assembly. The Governor shall appoint
3directors to the Authority for the vacancies created under this
4amendatory Act of the 100th General Assembly by February 28,
52019. Directors whose terms are abolished under this amendatory
6Act of the 100th General Assembly shall be eligible for
8    Vacancies shall be filled for the unexpired term in the
9same manner as original appointments. All appointments shall be
10in writing and filed with the Secretary of State as a public
11record. It is the intention of this section that the Governor's
12appointments shall be made with due consideration to the
13location of proposed toll highway routes so that maximum
14geographic representation from the areas served by said toll
15highway routes may be accomplished insofar as practicable. The
16said Authority shall have the power to contract and be
17contracted with, to acquire, hold and convey personal and real
18property or any interest therein including rights of way,
19franchises and easements; to have and use a common seal, and to
20alter the same at will; to make and establish resolutions,
21by-laws, rules, rates and regulations, and to alter or repeal
22the same as the Authority shall deem necessary and expedient
23for the construction, operation, relocation, regulation and
24maintenance of a system of toll highways within and through the
25State of Illinois.
26    Appointment of the additional directors provided for by



SB1298 Enrolled- 3 -LRB100 08733 AXK 18871 b

1this amendatory Act of 1980 shall be made within 30 days after
2the effective date of this amendatory Act of 1980.
3(Source: P.A. 86-1164.)
4    (605 ILCS 10/4)  (from Ch. 121, par. 100-4)
5    Sec. 4. Of the directors appointed by the Governor, one
6such director shall be appointed by the Governor as chairman
7and shall hold office for 4 years from the date of his
8appointment, and until his successor shall be duly appointed
9and qualified, but shall be subject to removal by the Governor
10for incompetency, neglect of duty or malfeasance. The term of
11the initial chairman appointed under this amendatory Act of the
12100th General Assembly shall end March 1, 2021 and the chairman
13shall serve until his or her successor is duly appointed and
15    The chairman shall preside at all meetings of the Board of
16Directors of the Authority; shall exercise general supervision
17over all powers, duties, obligations and functions of the
18Authority; and shall approve or disapprove all resolutions,
19by-laws, rules, rates and regulations made and established by
20the Board of Directors, and if he shall approve thereof, he
21shall sign the same, and such as he shall not approve he shall
22return to the Board of Directors with his objections thereto in
23writing at the next regular meeting of the Board of Directors
24occurring after the passage thereof. Such veto may extend to
25any one or more items contained in such resolution, by-law,



SB1298 Enrolled- 4 -LRB100 08733 AXK 18871 b

1rule, rate or regulation, or to its entirety; and in case the
2veto extends to a part of such resolution, by-law, rule, rate
3or regulation, the residue thereof shall take effect and be in
4force, but in case the chairman shall fail to return any
5resolution, by-law, rule, rate or regulation with his
6objections thereto by the time aforesaid, he shall be deemed to
7have approved the same, and the same shall take effect
8accordingly. Upon the return of any resolution, by-law, rule,
9rate or regulation by the chairman, the vote by which the same
10was passed shall be reconsidered by the Board of Directors, and
11if upon such reconsideration two-thirds of all the Directors
12agree by yeas and nays to pass the same, it shall go into
13effect notwithstanding the chairman's refusal to approve
14thereof. The process of approving or disapproving all
15resolutions, by-laws, rules, rates and regulations, as well as
16the ability of the Board of Directors to override the
17disapproval of the chairman, under this Section shall be set
18forth in the Authority's by-laws. Nothing in the Authority's
19by-laws, rules, or regulations may be contrary to this Section.
20    The chairman shall receive a salary of $18,000 per annum,
21or as set by the Compensation Review Board, whichever is
22greater, payable in monthly installments, together with
23reimbursement for necessary expenses incurred in the
24performance of his duties. The chairman shall be eligible for
26(Source: P.A. 83-1177.)



SB1298 Enrolled- 5 -LRB100 08733 AXK 18871 b

1    (605 ILCS 10/5)  (from Ch. 121, par. 100-5)
2    Sec. 5. Of the original directors, other than the chairman,
3so appointed by the Governor, 3 shall hold office for 2 years
4and 3 shall hold office for 4 years, from the date of their
5appointment and until their respective successors shall be duly
6appointed and qualified, but shall be subject to removal by the
7Governor for incompetency, neglect of duty or malfeasance. In
8case of vacancies in such offices during the recess of the
9Senate, the Governor shall make a temporary appointment until
10the next meeting of the Senate when he shall nominate some
11person to fill such office and any person so nominated, who is
12confirmed by the Senate, shall hold office during the remainder
13of the term and until his successor shall be appointed and
14qualified. The respective term of the first directors appointed
15shall be designated by the Governor at the time of appointment,
16but their successors shall each be appointed for a term of four
17years, except that any person appointed to fill a vacancy shall
18serve only for the unexpired term. Directors shall be eligible
19for reappointment.
20    In making the initial appointments of the 2 additional
21directors provided for by this amendatory Act of 1980, the
22respective terms of the 2 additional directors first appointed
23shall be designated by the Governor at the time of appointment
24in such manner that the term of one such additional director
25shall expire at the same time as the terms of 4 of the other



SB1298 Enrolled- 6 -LRB100 08733 AXK 18871 b

1directors and the term of the other additional director shall
2expire at the same time as the terms of 3 of the other
3directors; thereafter the terms shall be 4 years.
4    Of the initial directors, other than the chairman,
5appointed under the provisions of this amendatory Act of the
6100th General Assembly, 4 shall serve terms running through
7March 1, 2021. The 4 remaining directors shall serve terms
8running through March 1, 2023. Thereafter the terms of all
9directors shall be 4 years. Directors shall serve until their
10respective successors are duly appointed and qualified.
11Directors shall be eligible for reappointment.
12    Each such director, other than ex officio members shall
13receive an annual salary of $15,000, or as set by the
14Compensation Review Board, whichever is greater, payable in
15monthly installments, and shall be reimbursed for necessary
16expenses incurred in the performance of his duties.
17(Source: P.A. 86-1164.)
18    (605 ILCS 10/10)  (from Ch. 121, par. 100-10)
19    Sec. 10. The Authority shall have power:
20    (a) To pass resolutions, make by-laws, rules and
21regulations for the management, regulation and control of its
22affairs, and to fix tolls, and to make, enact and enforce all
23needful rules and regulations in connection with the
24construction, operation, management, care, regulation or
25protection of its property or any toll highways, constructed or



SB1298 Enrolled- 7 -LRB100 08733 AXK 18871 b

1reconstructed hereunder. Any by-laws adopted under this
2Section shall include a requirement that directors disclose and
3avoid potential conflicts of interest. The by-laws shall be
4posted on the Authority's website.
5    (a-5) To fix, assess, and collect civil fines for a
6vehicle's operation on a toll highway without the required toll
7having been paid. The Authority may establish by rule a system
8of civil administrative adjudication to adjudicate only
9alleged instances of a vehicle's operation on a toll highway
10without the required toll having been paid, as detected by the
11Authority's video or photo surveillance system. In cases in
12which the operator of the vehicle is not the registered vehicle
13owner, the establishment of ownership of the vehicle creates a
14rebuttable presumption that the vehicle was being operated by
15an agent of the registered vehicle owner. If the registered
16vehicle owner liable for a violation under this Section was not
17the operator of the vehicle at the time of the violation, the
18owner may maintain an action for indemnification against the
19operator in the circuit court. Rules establishing a system of
20civil administrative adjudication must provide for written
21notice, by first class mail or other means provided by law, to
22the address of the registered owner of the cited vehicle as
23recorded with the Secretary of State or to the lessee of the
24cited vehicle at the last address known to the lessor of the
25cited vehicle at the time of the lease, of the alleged
26violation and an opportunity to be heard on the question of the



SB1298 Enrolled- 8 -LRB100 08733 AXK 18871 b

1violation and must provide for the establishment of a toll-free
2telephone number to receive inquiries concerning alleged
3violations. The notice shall also inform the registered vehicle
4owner that failure to contest in the manner and time provided
5shall be deemed an admission of liability and that a final
6order of liability may be entered on that admission. A duly
7authorized agent of the Authority may perform or execute the
8preparation, certification, affirmation, or mailing of the
9notice. A notice of violation, sworn or affirmed to or
10certified by a duly authorized agent of the Authority, or a
11facsimile of the notice, based upon an inspection of
12photographs, microphotographs, videotape, or other recorded
13images produced by a video or photo surveillance system, shall
14be admitted as prima facie evidence of the correctness of the
15facts contained in the notice or facsimile. Only civil fines,
16along with the corresponding outstanding toll, and costs may be
17imposed by administrative adjudication. A fine may be imposed
18under this paragraph only if a violation is established by a
19preponderance of the evidence. Judicial review of all final
20orders of the Authority under this paragraph shall be conducted
21in the circuit court of the county in which the administrative
22decision was rendered in accordance with the Administrative
23Review Law.
24    The Authority may maintain a listing or searchable database
25on its website of persons or entities that have been issued one
26or more final orders of liability with a total amount due of



SB1298 Enrolled- 9 -LRB100 08733 AXK 18871 b

1more than $1,000 for tolls, fines, unpaid late fees, or
2administrative costs that remain unpaid after the exhaustion
3of, or the failure to exhaust, the judicial review procedures
4under the Administrative Review Law. Each entry may include the
5person's or entity's name as listed on the final order of
7    Any outstanding toll, fine, additional late payment fine,
8other sanction, or costs imposed, or part of any fine, other
9sanction, or costs imposed, remaining unpaid after the
10exhaustion of, or the failure to exhaust, judicial review
11procedures under the Administrative Review Law are a debt due
12and owing the Authority and may be collected in accordance with
13applicable law. After expiration of the period in which
14judicial review under the Administrative Review Law may be
15sought, unless stayed by a court of competent jurisdiction, a
16final order of the Authority under this subsection (a-5) may be
17enforced in the same manner as a judgment entered by a court of
18competent jurisdiction. Notwithstanding any other provision of
19this Act, the Authority may, with the approval of the Attorney
20General, retain a law firm or law firms with expertise in the
21collection of government fines and debts for the purpose of
22collecting fines, costs, and other moneys due under this
23subsection (a-5).
24    A system of civil administrative adjudication may also
25provide for a program of vehicle immobilization, tow, or
26impoundment for the purpose of facilitating enforcement of any



SB1298 Enrolled- 10 -LRB100 08733 AXK 18871 b

1final order or orders of the Authority under this subsection
2(a-5) that result in a finding or liability for 5 or more
3violations after expiration of the period in which judicial
4review under the Administrative Review Law may be sought. The
5registered vehicle owner of a vehicle immobilized, towed, or
6impounded for nonpayment of a final order of the Authority
7under this subsection (a-5) shall have the right to request a
8hearing before the Authority's civil administrative
9adjudicatory system to challenge the validity of the
10immobilization, tow, or impoundment. This hearing, however,
11shall not constitute a readjudication of the merits of
12previously adjudicated notices. Judicial review of all final
13orders of the Authority under this subsection (a-5) shall be
14conducted in the circuit court of the county in which the
15administrative decision was rendered in accordance with the
16Administrative Review Law.
17    No commercial entity that is the lessor of a vehicle under
18a written lease agreement shall be liable for an administrative
19notice of violation for toll evasion issued under this
20subsection (a-5) involving that vehicle during the period of
21the lease if the lessor provides a copy of the leasing
22agreement to the Authority within 30 days of the issue date on
23the notice of violation. The leasing agreement also must
24contain a provision or addendum informing the lessee that the
25lessee is liable for payment of all tolls and any fines for
26toll evasion. Each entity must also post a sign at the leasing



SB1298 Enrolled- 11 -LRB100 08733 AXK 18871 b

1counter notifying the lessee of that liability. The copy of the
2leasing agreement provided to the Authority must contain the
3name, address, and driver's license number of the lessee, as
4well as the check-out and return dates and times of the vehicle
5and the vehicle license plate number and vehicle make and
7    As used in this subsection (a-5), "lessor" includes
8commercial leasing and rental entities but does not include
9public passenger vehicle entities.
10    The Authority shall establish an amnesty program for
11violations adjudicated under this subsection (a-5). Under the
12program, any person who has an outstanding notice of violation
13for toll evasion or a final order of a hearing officer for toll
14evasion dated prior to the effective date of this amendatory
15Act of the 94th General Assembly and who pays to the Authority
16the full percentage amounts listed in this paragraph remaining
17due on the notice of violation or final order of the hearing
18officer and the full fees and costs paid by the Authority to
19the Secretary of State relating to suspension proceedings, if
20applicable, on or before 5:00 p.m., Central Standard Time, of
21the 60th day after the effective date of this amendatory Act of
22the 94th General Assembly shall not be required to pay more
23than the listed percentage of the original fine amount and
24outstanding toll as listed on the notice of violation or final
25order of the hearing officer and the full fees and costs paid
26by the Authority to the Secretary of State relating to



SB1298 Enrolled- 12 -LRB100 08733 AXK 18871 b

1suspension proceedings, if applicable. The payment percentage
2scale shall be as follows: a person with 25 or fewer violations
3shall be eligible for amnesty upon payment of 50% of the
4original fine amount and the outstanding tolls; a person with
5more than 25 but fewer than 51 violations shall be eligible for
6amnesty upon payment of 60% of the original fine amount and the
7outstanding tolls; and a person with 51 or more violations
8shall be eligible for amnesty upon payment of 75% of the
9original fine amount and the outstanding tolls. In such a
10situation, the Executive Director of the Authority or his or
11her designee is authorized and directed to waive any late fine
12amount above the applicable percentage of the original fine
13amount. Partial payment of the amount due shall not be a basis
14to extend the amnesty payment deadline nor shall it act to
15relieve the person of liability for payment of the late fine
16amount. In order to receive amnesty, the full amount of the
17applicable percentage of the original fine amount and
18outstanding toll remaining due on the notice of violation or
19final order of the hearing officer and the full fees and costs
20paid by the Authority to the Secretary of State relating to
21suspension proceedings, if applicable, must be paid in full by
225:00 p.m., Central Standard Time, of the 60th day after the
23effective date of this amendatory Act of the 94th General
24Assembly. This amendatory Act of the 94th General Assembly has
25no retroactive effect with regard to payments already tendered
26to the Authority that were full payments or payments in an



SB1298 Enrolled- 13 -LRB100 08733 AXK 18871 b

1amount greater than the applicable percentage, and this Act
2shall not be the basis for either a refund or a credit. This
3amendatory Act of the 94th General Assembly does not apply to
4toll evasion citations issued by the Illinois State Police or
5other authorized law enforcement agencies and for which payment
6may be due to or through the clerk of the circuit court. The
7Authority shall adopt rules as necessary to implement the
8provisions of this amendatory Act of the 94th General Assembly.
9The Authority, by a resolution of the Board of Directors, shall
10have the discretion to implement similar amnesty programs in
11the future. The Authority, at its discretion and in
12consultation with the Attorney General, is further authorized
13to settle an administrative fine or penalty if it determines
14that settling for less than the full amount is in the best
15interests of the Authority after taking into account the
16following factors: (1) the merits of the Authority's claim
17against the respondent; (2) the amount that can be collected
18relative to the administrative fine or penalty owed by the
19respondent; (3) the cost of pursuing further enforcement or
20collection action against the respondent; (4) the likelihood of
21collecting the full amount owed; and (5) the burden on the
22judiciary. The provisions in this Section may be extended to
23other toll facilities in the State of Illinois through a duly
24executed agreement between the Authority and the operator of
25the toll facility.
26    (b) To prescribe rules and regulations applicable to



SB1298 Enrolled- 14 -LRB100 08733 AXK 18871 b

1traffic on highways under the jurisdiction of the Authority,
3        (1) Types of vehicles permitted to use such highways or
4    parts thereof, and classification of such vehicles;
5        (2) Designation of the lanes of traffic to be used by
6    the different types of vehicles permitted upon said
7    highways;
8        (3) Stopping, standing, and parking of vehicles;
9        (4) Control of traffic by means of police officers or
10    traffic control signals;
11        (5) Control or prohibition of processions, convoys,
12    and assemblages of vehicles and persons;
13        (6) Movement of traffic in one direction only on
14    designated portions of said highways;
15        (7) Control of the access, entrance, and exit of
16    vehicles and persons to and from said highways; and
17        (8) Preparation, location and installation of all
18    traffic signs; and to prescribe further rules and
19    regulations applicable to such traffic, concerning matters
20    not provided for either in the foregoing enumeration or in
21    the Illinois Vehicle Code. Notice of such rules and
22    regulations shall be posted conspicuously and displayed at
23    appropriate points and at reasonable intervals along said
24    highways, by clearly legible markers or signs, to provide
25    notice of the existence of such rules and regulations to
26    persons traveling on said highways. At each toll station,



SB1298 Enrolled- 15 -LRB100 08733 AXK 18871 b

1    the Authority shall make available, free of charge,
2    pamphlets containing all of such rules and regulations.
3    (c) The Authority, in fixing the rate for tolls for the
4privilege of using the said toll highways, is authorized and
5directed, in fixing such rates, to base the same upon annual
6estimates to be made, recorded and filed with the Authority.
7Said estimates shall include the following: The estimated total
8amount of the use of the toll highways; the estimated amount of
9the revenue to be derived therefrom, which said revenue, when
10added to all other receipts and income, will be sufficient to
11pay the expense of maintaining and operating said toll
12highways, including the administrative expenses of the
13Authority, and to discharge all obligations of the Authority as
14they become due and payable.
15    (d) To accept from any municipality or political
16subdivision any lands, easements or rights in land needed for
17the operation, construction, relocation or maintenance of any
18toll highways, with or without payment therefor, and in its
19discretion to reimburse any such municipality or political
20subdivision out of its funds for any cost or expense incurred
21in the acquisition of land, easements or rights in land, in
22connection with the construction and relocation of the said
23toll highways, widening, extending roads, streets or avenues in
24connection therewith, or for the construction of any roads or
25streets forming extension to and connections with or between
26any toll highways, or for the cost or expense of widening,



SB1298 Enrolled- 16 -LRB100 08733 AXK 18871 b

1grading, surfacing or improving any existing streets or roads
2or the construction of any streets and roads forming extensions
3of or connections with any toll highways constructed,
4relocated, operated, maintained or regulated hereunder by the
5Authority. Where property owned by a municipality or political
6subdivision is necessary to the construction of an approved
7toll highway, if the Authority cannot reach an agreement with
8such municipality or political subdivision and if the use to
9which the property is being put in the hands of the
10municipality or political subdivision is not essential to the
11existence or the administration of such municipality or
12political subdivision, the Authority may acquire the property
13by condemnation.
14(Source: P.A. 98-559, eff. 1-1-14; 99-214, eff. 1-1-16.)
15    Section 99. Effective date. This Act takes effect upon
16becoming law.