HB1889ham001 97TH GENERAL ASSEMBLY

Rep. Robert Rita

Filed: 3/11/2011

 

 


 

 


 
09700HB1889ham001LRB097 05494 HEP 52484 a

1
AMENDMENT TO HOUSE BILL 1889

2    AMENDMENT NO. ______. Amend House Bill 1889 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Highway Code is amended by
5changing Sections 10-302, 10-302.5, 10-502, 10-602, 10-702,
6and 10-802 and by adding Section 9-101.5 as follows:
 
7    (605 ILCS 5/9-101.5 new)
8    Sec. 9-101.5. Standardized electronic toll collection
9systems. The General Assembly finds that electronic toll
10collection systems in Illinois should be standardized to
11promote safety, efficiency, and traveler convenience. The
12Department shall cooperate with the Illinois State Toll Highway
13Authority and with other public and private entities to further
14the goal of standardized toll collection in Illinois. If
15electronic toll collection is used on any highway constructed
16or maintained by the Department or by a private entity pursuant

 

 

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1to an agreement with the Department, the Department shall
2require the electronic toll collection system to be compatible
3with the electronic toll collection system used by the Illinois
4State Toll Highway Authority. The Department may enter into an
5intergovernmental agreement with the Illinois State Toll
6Highway Authority to provide for such compatibility or to have
7the Authority provide electronic toll collection or toll
8violation enforcement services.
 
9    (605 ILCS 5/10-302)  (from Ch. 121, par. 10-302)
10    Sec. 10-302. Every county which, by ordinance, determines
11to exercise the powers granted by this Division of this Article
12has the right to acquire by purchase or otherwise, to
13construct, repair, maintain and operate any such bridge and its
14approaches across, above or under any railroad or public
15utility right-of-way, and in, upon, under or above any public
16or private road, highway, street, alley or public ground, or
17upon any property owned by any municipality, political
18subdivision or agency of this State, and for the purpose of
19acquiring property or easements necessary or incidental in the
20construction, repair, maintenance or operation of any such
21bridge and the approaches thereto, any such county shall have
22the right of eminent domain as provided by the Eminent Domain
23Act. The county board of each such county has power to make,
24enact and enforce all needful rules and regulations in
25connection with the acquisition, construction, maintenance,

 

 

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1operation, management, care or protection of any such bridge,
2and such county board shall establish rates of toll or charges
3for the use of each such bridge which shall be sufficient at
4all times to pay the cost of maintenance and operation of such
5bridge and its approaches, and the principal of and interest on
6all bonds issued and all other obligations incurred by such
7county under the provisions of this Division of this Article.
8Rules and regulations shall be established from time to time by
9ordinance.
10    Rates of toll or charges for the use of each such bridge
11shall be established, revised, maintained, be payable and be
12enforced, including by administrative adjudication as provided
13in Section 10-302.5, as the county board of each such county
14may determine by ordinance.
15    The General Assembly finds that electronic toll collection
16systems in Illinois should be standardized to promote safety,
17efficiency, and traveler convenience. If electronic toll
18collection is used on such bridge, the county shall configure
19the electronic toll collection system to be compatible with the
20electronic toll collection system used by the Illinois State
21Toll Highway Authority. The county may enter into an
22intergovernmental agreement with the Illinois State Toll
23Highway Authority to provide for such compatibility or to have
24the Authority provide electronic toll collection or toll
25violation enforcement services. Any toll bridges in Winnebago
26County that are in operation and collecting tolls on the

 

 

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1effective date of this amendatory Act of the 97th General
2Assembly are exempt from the provisions of the Act.
3(Source: P.A. 94-1055, eff. 1-1-07.)
 
4    (605 ILCS 5/10-302.5)
5    Sec. 10-302.5. Administrative adjudication of toll
6violations.
7    (a) The county may provide by ordinance for a system of
8administrative adjudication for fixing, assessing, and
9collecting civil fines for a vehicle's operation on a county
10toll bridge if the required toll or charge has not been paid.
11    (b) An ordinance establishing a system of administrative
12adjudication under this Section shall provide for the
13following:
14        (1) Written notice of the alleged violation sent by
15    first class U.S. mail.
16        (2) Availability of a hearing in which the violation
17    may be contested on its merits and the time and manner in
18    which the hearing may be held.
19        (3) An opportunity for the person who allegedly
20    violated the ordinance to appear at the hearing and contest
21    the merits of the alleged violation. The rules of evidence
22    shall not apply to the hearing.
23        (4) A civil fine not to exceed $500 imposed as the
24    result of an administrative adjudication.
25        (5) A burden of proof on the county to establish a

 

 

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1    violation by a preponderance of the evidence.
2        (6) Judicial review of final determinations of
3    ordinance violations, subject to the provisions of the
4    Administrative Review Law.
5    (c) The county may enter into an intergovernmental
6agreement with the Illinois State Toll Highway Authority under
7which the Authority may provide administrative adjudication of
8toll violations occurring on a county toll bridge.
9(Source: P.A. 89-120, eff. 7-7-95.)
 
10    (605 ILCS 5/10-502)  (from Ch. 121, par. 10-502)
11    Sec. 10-502. In all cases where a bridge shall heretofore
12have been constructed or shall hereafter be constructed across
13a navigable stream by any municipality in whole or in part
14without the territorial limits of such city, where the
15population of such municipality furnishing the principal part
16of the expenses thereof shall not exceed 10,000 inhabitants,
17and where it is necessary to maintain a draw and lights, then a
18reasonable toll may be collected by the municipality building
19such bridge, to be set apart and appropriated to the expense of
20maintaining such bridge and keeping such bridge in repair, and
21of maintaining, opening and closing proper draws therefor, and
22lights, and to the payment of bonds or interest thereon, issued
23therefor, as hereinafter provided in this Division of this
24Article.
25    The General Assembly finds that electronic toll collection

 

 

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1systems in Illinois should be standardized to promote safety,
2efficiency, and traveler convenience. If electronic toll
3collection is used on such bridge, the municipality shall
4configure the electronic toll collection system to be
5compatible with the electronic toll collection system used by
6the Illinois State Toll Highway Authority. The municipality may
7enter into an intergovernmental agreement with the Illinois
8State Toll Highway Authority to provide for such compatibility
9or to have the Authority provide electronic toll collection or
10toll violation enforcement services.
11(Source: Laws 1959, p. 196.)
 
12    (605 ILCS 5/10-602)  (from Ch. 121, par. 10-602)
13    Sec. 10-602. Every municipality has the power:
14        (1) To construct, or acquire by purchase, lease, gift,
15    or condemnation in the manner provided for the exercise of
16    the right of eminent domain under the Eminent Domain Act,
17    ferries and bridges, the necessary land therefor, and the
18    approaches thereto, whenever the ferry, bridge, land, or
19    approaches are within the corporate limits, or within 5
20    miles of the corporate limits of the municipality, and also
21    to maintain the specified property;
22        (2) To construct and maintain highways within 5 miles
23    of the corporate limits of the municipality connecting with
24    either end of such a bridge or ferry;
25        (3) To construct or acquire by purchase, lease, gift,

 

 

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1    or condemnation in the manner provided for the exercise of
2    the right of eminent domain under the Eminent Domain Act,
3    ferries and bridges, the necessary land therefor, and the
4    approaches thereto, within 5 miles of the corporate limits
5    of the municipality, over any river forming a boundary of
6    the State of Illinois, and also to maintain the specified
7    property;
8        (4) To donate money to aid the road districts in which
9    is situated any ferry, bridge, or highway connecting
10    therewith, specified in this section, in constructing, or
11    improving the same, and to issue the bonds of the
12    municipality for that purpose.
13    All such ferries, bridges, and highways shall be free to
14the public and no toll shall ever be collected by the
15municipality except that:
16        (1) Tolls may be collected for transit over and use of
17    bridges defined in Section 10-801, as provided for in
18    Sections 10-802 and 10-805.
19        (2) Any municipality which, within the provisions of
20    this section, bears the principal expense and becomes
21    indebted for any ferry, bridge, or the approach thereto,
22    over any river forming a boundary of the State of Illinois,
23    may collect a reasonable toll, for the use thereof, to be
24    set apart and appropriated to the payment of that
25    indebtedness, the interest thereon, and the expense of
26    maintenance of that bridge, ferry, and approach thereto,

 

 

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1    but for no other purpose;
2        (3) Where any municipality is the owner of any toll
3    bridges or ferries which it is keeping up and maintaining
4    by authority of law, all ownership and rights vested in the
5    municipality shall continue and be held and exercised by
6    it, and the municipality from time to time may fix the
7    rates of toll on those bridges and ferries; and
8        (4) In all cases where, after July 1, 1881, a bridge
9    has been constructed, or a ferry has been acquired across a
10    navigable stream, by any municipality in whole or in part,
11    and where the population of the municipality furnishing the
12    principal part of the expense thereof did not exceed 5,000,
13    and where it is necessary to maintain a draw and lights,
14    and where a debt was incurred by the municipality for these
15    purposes, a reasonable toll may be collected by the
16    municipality contracting the indebtedness. This toll shall
17    be set apart and appropriated to the payment of that
18    indebtedness, the interest thereon, and the expense of
19    keeping the bridge in repair and of maintaining, opening,
20    and closing the draws and lights, or, in case of a ferry,
21    keeping the approaches and boat in repair and for operating
22    the ferry.
23        (5) The General Assembly finds that electronic toll
24    collection systems in Illinois should be standardized to
25    promote safety, efficiency, and traveler convenience. If
26    electronic toll collection is used on such bridge or ferry,

 

 

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1    the municipality shall configure the electronic toll
2    collection system to be compatible with the electronic toll
3    collection system used by the Illinois State Toll Highway
4    Authority. The municipality may enter into an
5    intergovernmental agreement with the Illinois State Toll
6    Highway Authority to provide for such compatibility or to
7    have the Authority provide electronic toll collection or
8    toll violation enforcement services.
9(Source: P.A. 94-1055, eff. 1-1-07.)
 
10    (605 ILCS 5/10-702)  (from Ch. 121, par. 10-702)
11    Sec. 10-702. Every municipality has the power:
12        (1) To acquire, by purchase or otherwise, construct,
13    operate and maintain, and repair any bridge within the
14    corporate limits, or within 5 miles of the corporate limits
15    of the municipality, including the necessary land therefor
16    and the approaches thereto. In the exercise of the
17    authority herein granted, the municipality may acquire
18    such property, or any portion thereof or interest therein
19    through condemnation proceedings for the exercise of the
20    right of eminent domain under the Eminent Domain Act.
21        (2) To acquire, purchase, hold, use, lease, mortgage,
22    sell, transfer, and dispose of any property, real,
23    personal, mixed, tangible or intangible, or any interest
24    therein in connection with such a bridge or bridges;
25        (3) To fix, alter, charge, collect, segregate, and

 

 

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1    apply tolls and other charges for transit over and use of
2    such a bridge or bridges, provided that, if electronic toll
3    collection is used on such bridge or ferry, the
4    municipality shall configure the electronic toll
5    collection system to be compatible with the electronic toll
6    collection system used by the Illinois State Toll Highway
7    Authority;
8        (4) To borrow money, make and issue bonds payable from
9    and secured by a pledge of net revenue of the bridge for
10    the construction of which such bonds may be issued;
11        (5) To make contracts of every kind and nature and to
12    execute all instruments necessary or convenient for the
13    carrying out of the purposes of this Division of this
14    Article;
15        (6) To accept grants from the United States and to
16    enter into contracts with the United States in connection
17    therewith;
18        (7) To enter upon any lands, areas, and premises for
19    the purpose of making soundings, surveys and examinations;
20        (7.5) To enter into intergovernmental agreements with
21    the Illinois State Toll Highway Authority to provide for
22    the compatibility of electronic toll collection services
23    or to have the Authority provide electronic toll collection
24    or toll violation enforcement services; and
25        (8) To do all things necessary to carry out the powers
26    given in this Division of this Article.

 

 

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1(Source: P.A. 94-1055, eff. 1-1-07.)
 
2    (605 ILCS 5/10-802)  (from Ch. 121, par. 10-802)
3    Sec. 10-802. Each municipality has the power:
4    (1) To acquire, by purchase or otherwise, construct,
5reconstruct, improve, enlarge, better, operate, maintain and
6repair any bridge within the corporate limits or within 5 miles
7of the corporate limits of the municipality;
8    (2) To acquire, purchase, hold, use, lease, mortgage, sell,
9transfer and dispose of any property, real or personal or
10mixed, tangible or intangible, or any interest therein, in
11connection with such a bridge, including the power and
12authority to grant perpetual easements or franchises to any
13railroad or public transportation facility or any assignee
14thereof, as a part of the consideration of the purchase of any
15such bridge, for the exclusive right to the use of a portion or
16portions of any such bridge for the transportation of persons
17or property across such bridge;
18    (3) To fix, alter, charge, collect, segregate, and apply
19tolls and other charges for transit over and use of such a
20bridge, provided that, if electronic toll collection is used on
21such bridge or ferry, the municipality shall configure the
22electronic toll collection system to be compatible with the
23electronic toll collection system used by the Illinois State
24Toll Highway Authority;
25    (4) To borrow money, make and issue bonds payable from and

 

 

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1secured by a pledge of the net revenue of the bridge for the
2acquisition, construction, reconstruction, improvement,
3enlargement, betterment or repair of which such bonds may be
4issued;
5    (5) To cooperate with any adjoining state, or any political
6subdivision, agency, department, bureau, commission or
7authority thereof, of whatsoever kind, in the acquisition,
8construction, reconstruction, improvement, enlargement,
9betterment, operation, maintenance and repair of any bridge,
10and in defraying the cost thereof;
11    (6) To make contracts of every kind and nature and to
12execute all instruments necessary or convenient for the
13carrying out of the purposes of this Division of this Article;
14    (7) Without limitation of the foregoing, to borrow money
15and to accept grants from the United States or any person, and
16to enter into contracts with the United States and such person
17in connection therewith; and
18    (7.5) To enter into intergovernmental agreements with the
19Illinois State Toll Highway Authority to provide for the
20compatibility of electronic toll collection services or to have
21the Authority provide electronic toll collection or toll
22violation enforcement services; and
23    (8) To alter, widen, lay out, open or construct any
24streets, avenues or boulevards within or without any
25municipality deemed necessary to provide adequate traffic
26regulation and approach or approaches to such bridge or

 

 

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1bridges, and to borrow money and issue bonds for such purpose
2as provided by this Division of this Article.
3(Source: Laws 1961, p. 2575.)
 
4    Section 10. The Toll Highway Act is amended by changing
5Section 11 as follows:
 
6    (605 ILCS 10/11)  (from Ch. 121, par. 100-11)
7    Sec. 11. The Authority shall have power:
8    (a) To enter upon lands, waters and premises in the State
9for the purpose of making surveys, soundings, drillings and
10examinations as may be necessary, expedient or convenient for
11the purposes of this Act, and such entry shall not be deemed to
12be a trespass, nor shall an entry for such purpose be deemed an
13entry under any condemnation proceedings which may be then
14pending; provided, however, that the Authority shall make
15reimbursement for any actual damage resulting to such lands,
16waters and premises as the result of such activities.
17    (b) To construct, maintain and operate stations for the
18collection of tolls or charges upon and along any toll
19highways.
20    (c) To provide for the collection of tolls and charges for
21the privilege of using the said toll highways. Before it adopts
22an increase in the rates for toll, the Authority shall hold a
23public hearing at which any person may appear, express
24opinions, suggestions, or objections, or direct inquiries

 

 

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1relating to the proposed increase. Any person may submit a
2written statement to the Authority at the hearing, whether
3appearing in person or not. The hearing shall be held in the
4county in which the proposed increase of the rates is to take
5place. The Authority shall give notice of the hearing by
6advertisement on 3 successive days at least 15 days prior to
7the date of the hearing in a daily newspaper of general
8circulation within the county within which the hearing is held.
9The notice shall state the date, time, and place of the
10hearing, shall contain a description of the proposed increase,
11and shall specify how interested persons may obtain copies of
12any reports, resolutions, or certificates describing the basis
13on which the proposed change, alteration, or modification was
14calculated. After consideration of any statements filed or oral
15opinions, suggestions, objections, or inquiries made at the
16hearing, the Authority may proceed to adopt the proposed
17increase of the rates for toll. No change or alteration in or
18modification of the rates for toll shall be effective unless at
19least 30 days prior to the effective date of such rates notice
20thereof shall be given to the public by publication in a
21newspaper of general circulation, and such notice, or notices,
22thereof shall be posted and publicly displayed at each and
23every toll station upon or along said toll highways.
24    (d) To construct, at the Authority's discretion, grade
25separations at intersections with any railroads, waterways,
26street railways, streets, thoroughfares, public roads or

 

 

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1highways intersected by the said toll highways, and to change
2and adjust the lines and grades thereof so as to accommodate
3the same to the design of such grade separation and to
4construct interchange improvements. The Authority is
5authorized to provide such grade separations or interchange
6improvements at its own cost or to enter into contracts or
7agreements with reference to division of cost therefor with any
8municipality or political subdivision of the State of Illinois,
9or with the Federal Government, or any agency thereof, or with
10any corporation, individual, firm, person or association.
11Where such structures have been built by the Authority and a
12local highway agency did not enter into an agreement to the
13contrary, the Authority shall maintain the entire structure,
14including the road surface, at the Authority's expense.
15    (e) To contract with and grant concessions to or lease or
16license to any person, partnership, firm, association or
17corporation so desiring the use of any part of any toll
18highways, excluding the paved portion thereof, but including
19the right of way adjoining, under, or over said paved portion
20for the placing of telephone, telegraph, electric, power lines
21and other utilities, and for the placing of pipe lines, and to
22enter into operating agreements with or to contract with and
23grant concessions to or to lease to any person, partnership,
24firm, association or corporation so desiring the use of any
25part of the toll highways, excluding the paved portion thereof,
26but including the right of way adjoining, or over said paved

 

 

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1portion for motor fuel service stations and facilities,
2garages, stores and restaurants, or for any other lawful
3purpose, and to fix the terms, conditions, rents, rates and
4charges for such use.
5    The Authority shall also have power to establish reasonable
6regulations for the installation, construction, maintenance,
7repair, renewal, relocation and removal of pipes, mains,
8conduits, cables, wires, towers, poles and other equipment and
9appliances (herein called public utilities) of any public
10utility as defined in the Public Utilities Act along, over or
11under any toll road project. Whenever the Authority shall
12determine that it is necessary that any such public utility
13facilities which now are located in, on, along, over or under
14any project or projects be relocated or removed entirely from
15any such project or projects, the public utility owning or
16operating such facilities shall relocate or remove the same in
17accordance with the order of the Authority. All costs and
18expenses of such relocation or removal, including the cost of
19installing such facilities in a new location or locations, and
20the cost of any land or lands, or interest in land, or any
21other rights required to accomplish such relocation or removal
22shall be ascertained and paid by the Authority as a part of the
23cost of any such project or projects, and further, there shall
24be no rent, fee or other charge of any kind imposed upon the
25public utility owning or operating any facilities ordered
26relocated on the properties of the said Authority and the said

 

 

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1Authority shall grant to the said public utility owning or
2operating said facilities and its successors and assigns the
3right to operate the same in the new location or locations for
4as long a period and upon the same terms and conditions as it
5had the right to maintain and operate such facilities in their
6former location or locations.
7    (f) To enter into an intergovernmental agreement or
8contract with a unit of local government or other public or
9private entity for the collection, enforcement, and
10administration of tolls, fees, revenue, and violations.
11    The General Assembly finds that electronic toll collection
12systems in Illinois should be standardized to promote safety,
13efficiency, and traveler convenience. The Authority shall
14cooperate with other public and private entities to further the
15goal of standardized toll collection in Illinois and is
16authorized to provide toll collection and toll violation
17enforcement services to such entities when doing so is in the
18best interest of the Authority and consistent with its
19obligations under Section 23 of this Act.
20(Source: P.A. 94-636, eff. 8-22-05.)
 
21    Section 15. The Toll Bridge Act is amended by changing
22Section 7 as follows:
 
23    (605 ILCS 115/7)  (from Ch. 137, par. 7)
24    Sec. 7. The county board shall fix the rates of toll, and

 

 

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1may from time to time, alter and change the same, and in case
2of the neglect of the owner of the bridge to keep the same in
3proper repair and safe for the crossing of persons and
4property, may prohibit the taking of toll.
5    The General Assembly finds that electronic toll collection
6systems in Illinois should be standardized to promote safety,
7efficiency, and traveler convenience. If electronic toll
8collection is used on such bridge, the county shall cause the
9configuration of the electronic toll collection system to be
10compatible with the electronic toll collection system used by
11the Illinois State Toll Highway Authority. The municipality may
12enter into an intergovernmental agreement with the Illinois
13State Toll Highway Authority to provide for such compatibility
14or to have the Authority provide electronic toll collection or
15toll violation enforcement services. Any toll bridges in
16Winnebago County that are in operation and collecting tolls on
17the effective date of this amendatory Act of the 97th General
18Assembly are exempt from the provisions of the Act.
19(Source: R.S. 1874, p. 1059.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".