State of Illinois
91st General Assembly

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 1        AN ACT to amend the Toll Highway Act by changing Sections
 2    18, 23, and 24.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The  Toll Highway Act is amended by changing
 6    Sections 18, 23, and 24 as follows:

 7        (605 ILCS 10/18) (from Ch. 121, par. 100-18)
 8        Sec. 18. The sums of money appropriated  by  the  General
 9    Assembly  (other  than  sums  appropriated  from the Illinois
10    State  Toll  Highway  Authority  Fund)  for  the  payment  of
11    ordinary and contingent expenses  of  the  Authority  or  the
12    payment  of  compensation  of  the  members  of the Authority
13    expended as a part of the cost of a toll highway financed  by
14    revenue bonds issued and sold by the Authority under this Act
15    shall  be repaid to the State Treasury out of the proceeds of
16    the sale of such bonds, for deposit in the  fund  from  which
17    such  sums  were appropriated. Any such sums remaining unpaid
18    because  expended  for  preliminary  investigation  of   toll
19    highway  routes  not  constructed  shall  be  repaid  by  the
20    Authority  out  of  the  proceeds  of the sale of any of such
21    bonds  issued  to  finance  additional   toll   highways   or
22    extensions  of  existing  toll highways. If no such new bonds
23    are  issued,  and  the  money  appropriated  by  the  General
24    Assembly has not otherwise been  repaid  in  full,  then  the
25    Authority  shall,  after  payment  of  all existing bonds and
26    interest thereon, continue to collect tolls for the privilege
27    of using  the  toll  highways  constructed  pursuant  to  the
28    authority  of  "An  Act  in  relation  to  the  construction,
29    operation,  regulation  and  maintenance  of a system of toll
30    highways and  to  create  The  Illinois  State  Toll  Highway
31    Commission, and to define its powers and duties and to repeal
                            -2-                LRB9112145DHks
 1    an  Act  therein  named", approved July 13, 1953, as amended,
 2    until such time as the  tolls  collected  are  sufficient  to
 3    repay  any such unpaid money. The tolls so collected shall be
 4    paid by the Authority to the State treasury  for  deposit  in
 5    the fund from which such sums were appropriated.
 6    (Source: Laws 1968, p. 199.)

 7        (605 ILCS 10/23) (from Ch. 121, par. 100-23)
 8        Sec.  23.  Plans;  budgets,  audits.  The Authority shall
 9    file  with  the  Governor,  the  Clerk  of   the   House   of
10    Representatives,   the  Secretary  of  the  Senate,  and  the
11    Illinois Economic and Fiscal Commission, on or prior to March
12    15th of each year, a written statement  and  report  covering
13    its   activities   for  the  preceding  calendar  year.   The
14    Authority shall present, to the committees of  the  House  of
15    Representatives designated by the Speaker of the House and to
16    the  committees  of the Senate designated by the President of
17    the Senate, an annual report outlining its  planned  revenues
18    and  expenditures.   The  Authority  shall  prepare an annual
19    capital plan which identifies capital  projects  by  location
20    and details the project costs in correct dollar amounts.  The
21    Authority shall also prepare and file a ten-year capital plan
22    that  includes  a listing of all capital improvement projects
23    contemplated during the ensuing ten-year period.   The  first
24    ten-year  capital  plan shall be filed in 1991 and thereafter
25    on the anniversary of each ten-year period.
26        Prior to the beginning of a fiscal  year,  the  Authority
27    shall  submit  a comprehensive budget request for that fiscal
28    year to the General Assembly.
29        It shall also be the duty of the Auditor General  of  the
30    State  of  Illinois, annually to audit or cause to be audited
31    the books  and  records  of  the  Authority  and  to  file  a
32    certified  copy of the report of such audit with the Governor
33    and  with  the  Legislative  Audit  Commission,  which  audit
                            -3-                LRB9112145DHks
 1    reports, when so filed, shall  be  open  to  the  public  for
 2    inspection.
 3    (Source: P.A. 91-256, eff. 1-1-00.)

 4        (605 ILCS 10/24) (from Ch. 121, par. 100-24)
 5        Sec.  24.   Except  as  otherwise  provided  in  any bond
 6    resolution, the proceeds derived from the sale of bonds,  and
 7    all  receipts and income derived from tolls, licenses, gifts,
 8    donations, concessions, fees, rentals, and all other revenues
 9    from whatever source derived, shall, within three days  after
10    receipt  thereof,  be  paid  to the Treasurer of the State of
11    Illinois, and held by him as a  special  fund  known  as  the
12    Illinois  State  Toll Highway Authority Fund, except that the
13    Authority may retain  portions of  the  Illinois  State  Toll
14    Highway  Authority  Fund as a locally maintained construction
15    fund revolving  account  and  as  a  revenue  fund  revolving
16    account,  where  authorized  by  a  bond  resolution,  and as
17    locally maintained change  funds,  where  necessary  for  the
18    operations  of the Authority. The State Treasurer shall be ex
19    officio custodian of such special fund, which fund  shall  be
20    held, invested and disbursed for the purposes provided herein
21    upon  the  order  of  the  Authority  and  in accordance with
22    provisions and covenants of any bond  resolution  authorizing
23    the  issuance  of  bonds  which  have not been paid or deemed
24    paid.  The interest accruing on said special  fund  shall  be
25    computed and added to the principal thereof every six months.
26    In addition to the special audits prescribed by this Act, the
27    said  fund  shall also be subject to audit in the same manner
28    as is now, or may hereinafter be, provided for the  audit  of
29    State  funds  and  accounts.  The  said special fund shall be
30    protected  by  a  corporate  surety  bond,  executed  by  the
31    Treasurer, with a surety authorized to do business under  the
32    laws  of the State of Illinois. The amount of said bond shall
33    be fixed by resolution of  the  Authority,  approved  by  the
                            -4-                LRB9112145DHks
 1    Governor, and may be increased or diminished at any time. The
 2    premiums  on said bond shall be payable from the funds of the
 3    Authority. The bond shall be subject to the approval  of  the
 4    Governor  and Attorney General of the State of Illinois, and,
 5    when so approved,  shall  be  filed  in  the  office  of  the
 6    Secretary  of  State.  Said  special fund shall be considered
 7    always appropriated for the  purposes  of  disbursements,  as
 8    provided  in  this  Act,  and shall be paid out and disbursed
 9    only as provided herein,  and  shall  not,  at  any  time  be
10    appropriated  or  diverted  to  any  other  use  or  purpose.
11    However, all amounts for the ordinary and contingent expenses
12    for  the  Authority's annual operations are subject to annual
13    appropriation by the General Assembly for every State  fiscal
14    year.
15    (Source: P.A. 83-1258.)

16        Section  99.  Effective date.  This Act takes effect upon
17    becoming law.

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