Illinois General Assembly - Full Text of SB1298
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Full Text of SB1298  100th General Assembly


Rep. Barbara Flynn Currie

Filed: 1/7/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 1298, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Toll Highway Act is amended by changing
6Sections 3, 4, 5, and 10 as follows:
7    (605 ILCS 10/3)  (from Ch. 121, par. 100-3)
8    Sec. 3. There is hereby created an Authority to be known as
9The Illinois State Toll Highway Authority, which is hereby
10constituted an instrumentality and an administrative agency of
11the State of Illinois. The said Authority shall consist of 11
12directors; the Governor and the Secretary of the Department of
13Transportation, ex officio, and 9 directors appointed by the
14Governor with the advice and consent of the Senate, from the
15State at large, which said directors and their successors are
16hereby authorized to carry out the provisions of this Act, and



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1to exercise the powers herein conferred. Of the 9 directors
2appointed by the Governor, no more than 5 shall be members of
3the same political party.
4    Notwithstanding any provision of law to the contrary, the
5term of office of each director of the Authority serving on the
6effective date of this amendatory Act of the 100th General
7Assembly, other than the Governor and the Secretary of the
8Department of Transportation, is abolished and a vacancy in
9each office is created on the effective date of this amendatory
10Act of the 100th General Assembly. The Governor shall appoint
11directors to the Authority for the vacancies created under this
12amendatory Act of the 100th General Assembly by February 28,
132019. Directors whose terms are abolished under this amendatory
14Act of the 100th General Assembly shall be eligible for
16    Vacancies shall be filled for the unexpired term in the
17same manner as original appointments. All appointments shall be
18in writing and filed with the Secretary of State as a public
19record. It is the intention of this section that the Governor's
20appointments shall be made with due consideration to the
21location of proposed toll highway routes so that maximum
22geographic representation from the areas served by said toll
23highway routes may be accomplished insofar as practicable. The
24said Authority shall have the power to contract and be
25contracted with, to acquire, hold and convey personal and real
26property or any interest therein including rights of way,



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1franchises and easements; to have and use a common seal, and to
2alter the same at will; to make and establish resolutions,
3by-laws, rules, rates and regulations, and to alter or repeal
4the same as the Authority shall deem necessary and expedient
5for the construction, operation, relocation, regulation and
6maintenance of a system of toll highways within and through the
7State of Illinois.
8    Appointment of the additional directors provided for by
9this amendatory Act of 1980 shall be made within 30 days after
10the effective date of this amendatory Act of 1980.
11(Source: P.A. 86-1164.)
12    (605 ILCS 10/4)  (from Ch. 121, par. 100-4)
13    Sec. 4. Of the directors appointed by the Governor, one
14such director shall be appointed by the Governor as chairman
15and shall hold office for 4 years from the date of his
16appointment, and until his successor shall be duly appointed
17and qualified, but shall be subject to removal by the Governor
18for incompetency, neglect of duty or malfeasance. The term of
19the initial chairman appointed under this amendatory Act of the
20100th General Assembly shall end March 1, 2021 and the chairman
21shall serve until his or her successor is duly appointed and
23    The chairman shall preside at all meetings of the Board of
24Directors of the Authority; shall exercise general supervision
25over all powers, duties, obligations and functions of the



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1Authority; and shall approve or disapprove all resolutions,
2by-laws, rules, rates and regulations made and established by
3the Board of Directors, and if he shall approve thereof, he
4shall sign the same, and such as he shall not approve he shall
5return to the Board of Directors with his objections thereto in
6writing at the next regular meeting of the Board of Directors
7occurring after the passage thereof. Such veto may extend to
8any one or more items contained in such resolution, by-law,
9rule, rate or regulation, or to its entirety; and in case the
10veto extends to a part of such resolution, by-law, rule, rate
11or regulation, the residue thereof shall take effect and be in
12force, but in case the chairman shall fail to return any
13resolution, by-law, rule, rate or regulation with his
14objections thereto by the time aforesaid, he shall be deemed to
15have approved the same, and the same shall take effect
16accordingly. Upon the return of any resolution, by-law, rule,
17rate or regulation by the chairman, the vote by which the same
18was passed shall be reconsidered by the Board of Directors, and
19if upon such reconsideration two-thirds of all the Directors
20agree by yeas and nays to pass the same, it shall go into
21effect notwithstanding the chairman's refusal to approve
22thereof. The process of approving or disapproving all
23resolutions, by-laws, rules, rates and regulations, as well as
24the ability of the Board of Directors to override the
25disapproval of the chairman, under this Section shall be set
26forth in the Authority's by-laws. Nothing in the Authority's



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1by-laws, rules, or regulations may be contrary to this Section.
2    The chairman shall receive a salary of $18,000 per annum,
3or as set by the Compensation Review Board, whichever is
4greater, payable in monthly installments, together with
5reimbursement for necessary expenses incurred in the
6performance of his duties. The chairman shall be eligible for
8(Source: P.A. 83-1177.)
9    (605 ILCS 10/5)  (from Ch. 121, par. 100-5)
10    Sec. 5. Of the original directors, other than the chairman,
11so appointed by the Governor, 3 shall hold office for 2 years
12and 3 shall hold office for 4 years, from the date of their
13appointment and until their respective successors shall be duly
14appointed and qualified, but shall be subject to removal by the
15Governor for incompetency, neglect of duty or malfeasance. In
16case of vacancies in such offices during the recess of the
17Senate, the Governor shall make a temporary appointment until
18the next meeting of the Senate when he shall nominate some
19person to fill such office and any person so nominated, who is
20confirmed by the Senate, shall hold office during the remainder
21of the term and until his successor shall be appointed and
22qualified. The respective term of the first directors appointed
23shall be designated by the Governor at the time of appointment,
24but their successors shall each be appointed for a term of four
25years, except that any person appointed to fill a vacancy shall



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1serve only for the unexpired term. Directors shall be eligible
2for reappointment.
3    In making the initial appointments of the 2 additional
4directors provided for by this amendatory Act of 1980, the
5respective terms of the 2 additional directors first appointed
6shall be designated by the Governor at the time of appointment
7in such manner that the term of one such additional director
8shall expire at the same time as the terms of 4 of the other
9directors and the term of the other additional director shall
10expire at the same time as the terms of 3 of the other
11directors; thereafter the terms shall be 4 years.
12    Of the initial directors, other than the chairman,
13appointed under the provisions of this amendatory Act of the
14100th General Assembly, 4 shall serve terms running through
15March 1, 2021. The 4 remaining directors shall serve terms
16running through March 1, 2023. Thereafter the terms of all
17directors shall be 4 years. Directors shall serve until their
18respective successors are duly appointed and qualified.
19Directors shall be eligible for reappointment.
20    Each such director, other than ex officio members shall
21receive an annual salary of $15,000, or as set by the
22Compensation Review Board, whichever is greater, payable in
23monthly installments, and shall be reimbursed for necessary
24expenses incurred in the performance of his duties.
25(Source: P.A. 86-1164.)



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1    (605 ILCS 10/10)  (from Ch. 121, par. 100-10)
2    Sec. 10. The Authority shall have power:
3    (a) To pass resolutions, make by-laws, rules and
4regulations for the management, regulation and control of its
5affairs, and to fix tolls, and to make, enact and enforce all
6needful rules and regulations in connection with the
7construction, operation, management, care, regulation or
8protection of its property or any toll highways, constructed or
9reconstructed hereunder. Any by-laws adopted under this
10Section shall include a requirement that directors disclose and
11avoid potential conflicts of interest. The by-laws shall be
12posted on the Authority's website.
13    (a-5) To fix, assess, and collect civil fines for a
14vehicle's operation on a toll highway without the required toll
15having been paid. The Authority may establish by rule a system
16of civil administrative adjudication to adjudicate only
17alleged instances of a vehicle's operation on a toll highway
18without the required toll having been paid, as detected by the
19Authority's video or photo surveillance system. In cases in
20which the operator of the vehicle is not the registered vehicle
21owner, the establishment of ownership of the vehicle creates a
22rebuttable presumption that the vehicle was being operated by
23an agent of the registered vehicle owner. If the registered
24vehicle owner liable for a violation under this Section was not
25the operator of the vehicle at the time of the violation, the
26owner may maintain an action for indemnification against the



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1operator in the circuit court. Rules establishing a system of
2civil administrative adjudication must provide for written
3notice, by first class mail or other means provided by law, to
4the address of the registered owner of the cited vehicle as
5recorded with the Secretary of State or to the lessee of the
6cited vehicle at the last address known to the lessor of the
7cited vehicle at the time of the lease, of the alleged
8violation and an opportunity to be heard on the question of the
9violation and must provide for the establishment of a toll-free
10telephone number to receive inquiries concerning alleged
11violations. The notice shall also inform the registered vehicle
12owner that failure to contest in the manner and time provided
13shall be deemed an admission of liability and that a final
14order of liability may be entered on that admission. A duly
15authorized agent of the Authority may perform or execute the
16preparation, certification, affirmation, or mailing of the
17notice. A notice of violation, sworn or affirmed to or
18certified by a duly authorized agent of the Authority, or a
19facsimile of the notice, based upon an inspection of
20photographs, microphotographs, videotape, or other recorded
21images produced by a video or photo surveillance system, shall
22be admitted as prima facie evidence of the correctness of the
23facts contained in the notice or facsimile. Only civil fines,
24along with the corresponding outstanding toll, and costs may be
25imposed by administrative adjudication. A fine may be imposed
26under this paragraph only if a violation is established by a



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1preponderance of the evidence. Judicial review of all final
2orders of the Authority under this paragraph shall be conducted
3in the circuit court of the county in which the administrative
4decision was rendered in accordance with the Administrative
5Review Law.
6    The Authority may maintain a listing or searchable database
7on its website of persons or entities that have been issued one
8or more final orders of liability with a total amount due of
9more than $1,000 for tolls, fines, unpaid late fees, or
10administrative costs that remain unpaid after the exhaustion
11of, or the failure to exhaust, the judicial review procedures
12under the Administrative Review Law. Each entry may include the
13person's or entity's name as listed on the final order of
15    Any outstanding toll, fine, additional late payment fine,
16other sanction, or costs imposed, or part of any fine, other
17sanction, or costs imposed, remaining unpaid after the
18exhaustion of, or the failure to exhaust, judicial review
19procedures under the Administrative Review Law are a debt due
20and owing the Authority and may be collected in accordance with
21applicable law. After expiration of the period in which
22judicial review under the Administrative Review Law may be
23sought, unless stayed by a court of competent jurisdiction, a
24final order of the Authority under this subsection (a-5) may be
25enforced in the same manner as a judgment entered by a court of
26competent jurisdiction. Notwithstanding any other provision of



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1this Act, the Authority may, with the approval of the Attorney
2General, retain a law firm or law firms with expertise in the
3collection of government fines and debts for the purpose of
4collecting fines, costs, and other moneys due under this
5subsection (a-5).
6    A system of civil administrative adjudication may also
7provide for a program of vehicle immobilization, tow, or
8impoundment for the purpose of facilitating enforcement of any
9final order or orders of the Authority under this subsection
10(a-5) that result in a finding or liability for 5 or more
11violations after expiration of the period in which judicial
12review under the Administrative Review Law may be sought. The
13registered vehicle owner of a vehicle immobilized, towed, or
14impounded for nonpayment of a final order of the Authority
15under this subsection (a-5) shall have the right to request a
16hearing before the Authority's civil administrative
17adjudicatory system to challenge the validity of the
18immobilization, tow, or impoundment. This hearing, however,
19shall not constitute a readjudication of the merits of
20previously adjudicated notices. Judicial review of all final
21orders of the Authority under this subsection (a-5) shall be
22conducted in the circuit court of the county in which the
23administrative decision was rendered in accordance with the
24Administrative Review Law.
25    No commercial entity that is the lessor of a vehicle under
26a written lease agreement shall be liable for an administrative



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1notice of violation for toll evasion issued under this
2subsection (a-5) involving that vehicle during the period of
3the lease if the lessor provides a copy of the leasing
4agreement to the Authority within 30 days of the issue date on
5the notice of violation. The leasing agreement also must
6contain a provision or addendum informing the lessee that the
7lessee is liable for payment of all tolls and any fines for
8toll evasion. Each entity must also post a sign at the leasing
9counter notifying the lessee of that liability. The copy of the
10leasing agreement provided to the Authority must contain the
11name, address, and driver's license number of the lessee, as
12well as the check-out and return dates and times of the vehicle
13and the vehicle license plate number and vehicle make and
15    As used in this subsection (a-5), "lessor" includes
16commercial leasing and rental entities but does not include
17public passenger vehicle entities.
18    The Authority shall establish an amnesty program for
19violations adjudicated under this subsection (a-5). Under the
20program, any person who has an outstanding notice of violation
21for toll evasion or a final order of a hearing officer for toll
22evasion dated prior to the effective date of this amendatory
23Act of the 94th General Assembly and who pays to the Authority
24the full percentage amounts listed in this paragraph remaining
25due on the notice of violation or final order of the hearing
26officer and the full fees and costs paid by the Authority to



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1the Secretary of State relating to suspension proceedings, if
2applicable, on or before 5:00 p.m., Central Standard Time, of
3the 60th day after the effective date of this amendatory Act of
4the 94th General Assembly shall not be required to pay more
5than the listed percentage of the original fine amount and
6outstanding toll as listed on the notice of violation or final
7order of the hearing officer and the full fees and costs paid
8by the Authority to the Secretary of State relating to
9suspension proceedings, if applicable. The payment percentage
10scale shall be as follows: a person with 25 or fewer violations
11shall be eligible for amnesty upon payment of 50% of the
12original fine amount and the outstanding tolls; a person with
13more than 25 but fewer than 51 violations shall be eligible for
14amnesty upon payment of 60% of the original fine amount and the
15outstanding tolls; and a person with 51 or more violations
16shall be eligible for amnesty upon payment of 75% of the
17original fine amount and the outstanding tolls. In such a
18situation, the Executive Director of the Authority or his or
19her designee is authorized and directed to waive any late fine
20amount above the applicable percentage of the original fine
21amount. Partial payment of the amount due shall not be a basis
22to extend the amnesty payment deadline nor shall it act to
23relieve the person of liability for payment of the late fine
24amount. In order to receive amnesty, the full amount of the
25applicable percentage of the original fine amount and
26outstanding toll remaining due on the notice of violation or



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1final order of the hearing officer and the full fees and costs
2paid by the Authority to the Secretary of State relating to
3suspension proceedings, if applicable, must be paid in full by
45:00 p.m., Central Standard Time, of the 60th day after the
5effective date of this amendatory Act of the 94th General
6Assembly. This amendatory Act of the 94th General Assembly has
7no retroactive effect with regard to payments already tendered
8to the Authority that were full payments or payments in an
9amount greater than the applicable percentage, and this Act
10shall not be the basis for either a refund or a credit. This
11amendatory Act of the 94th General Assembly does not apply to
12toll evasion citations issued by the Illinois State Police or
13other authorized law enforcement agencies and for which payment
14may be due to or through the clerk of the circuit court. The
15Authority shall adopt rules as necessary to implement the
16provisions of this amendatory Act of the 94th General Assembly.
17The Authority, by a resolution of the Board of Directors, shall
18have the discretion to implement similar amnesty programs in
19the future. The Authority, at its discretion and in
20consultation with the Attorney General, is further authorized
21to settle an administrative fine or penalty if it determines
22that settling for less than the full amount is in the best
23interests of the Authority after taking into account the
24following factors: (1) the merits of the Authority's claim
25against the respondent; (2) the amount that can be collected
26relative to the administrative fine or penalty owed by the



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1respondent; (3) the cost of pursuing further enforcement or
2collection action against the respondent; (4) the likelihood of
3collecting the full amount owed; and (5) the burden on the
4judiciary. The provisions in this Section may be extended to
5other toll facilities in the State of Illinois through a duly
6executed agreement between the Authority and the operator of
7the toll facility.
8    (b) To prescribe rules and regulations applicable to
9traffic on highways under the jurisdiction of the Authority,
11        (1) Types of vehicles permitted to use such highways or
12    parts thereof, and classification of such vehicles;
13        (2) Designation of the lanes of traffic to be used by
14    the different types of vehicles permitted upon said
15    highways;
16        (3) Stopping, standing, and parking of vehicles;
17        (4) Control of traffic by means of police officers or
18    traffic control signals;
19        (5) Control or prohibition of processions, convoys,
20    and assemblages of vehicles and persons;
21        (6) Movement of traffic in one direction only on
22    designated portions of said highways;
23        (7) Control of the access, entrance, and exit of
24    vehicles and persons to and from said highways; and
25        (8) Preparation, location and installation of all
26    traffic signs; and to prescribe further rules and



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1    regulations applicable to such traffic, concerning matters
2    not provided for either in the foregoing enumeration or in
3    the Illinois Vehicle Code. Notice of such rules and
4    regulations shall be posted conspicuously and displayed at
5    appropriate points and at reasonable intervals along said
6    highways, by clearly legible markers or signs, to provide
7    notice of the existence of such rules and regulations to
8    persons traveling on said highways. At each toll station,
9    the Authority shall make available, free of charge,
10    pamphlets containing all of such rules and regulations.
11    (c) The Authority, in fixing the rate for tolls for the
12privilege of using the said toll highways, is authorized and
13directed, in fixing such rates, to base the same upon annual
14estimates to be made, recorded and filed with the Authority.
15Said estimates shall include the following: The estimated total
16amount of the use of the toll highways; the estimated amount of
17the revenue to be derived therefrom, which said revenue, when
18added to all other receipts and income, will be sufficient to
19pay the expense of maintaining and operating said toll
20highways, including the administrative expenses of the
21Authority, and to discharge all obligations of the Authority as
22they become due and payable.
23    (d) To accept from any municipality or political
24subdivision any lands, easements or rights in land needed for
25the operation, construction, relocation or maintenance of any
26toll highways, with or without payment therefor, and in its



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1discretion to reimburse any such municipality or political
2subdivision out of its funds for any cost or expense incurred
3in the acquisition of land, easements or rights in land, in
4connection with the construction and relocation of the said
5toll highways, widening, extending roads, streets or avenues in
6connection therewith, or for the construction of any roads or
7streets forming extension to and connections with or between
8any toll highways, or for the cost or expense of widening,
9grading, surfacing or improving any existing streets or roads
10or the construction of any streets and roads forming extensions
11of or connections with any toll highways constructed,
12relocated, operated, maintained or regulated hereunder by the
13Authority. Where property owned by a municipality or political
14subdivision is necessary to the construction of an approved
15toll highway, if the Authority cannot reach an agreement with
16such municipality or political subdivision and if the use to
17which the property is being put in the hands of the
18municipality or political subdivision is not essential to the
19existence or the administration of such municipality or
20political subdivision, the Authority may acquire the property
21by condemnation.
22(Source: P.A. 98-559, eff. 1-1-14; 99-214, eff. 1-1-16.)
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".