State of Illinois
92nd General Assembly

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 1        AN ACT in relation to highways.

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

 4        Section  5.   The Toll Highway Act is amended by changing
 5    Section 10 as follows:

 6        (605 ILCS 10/10) (from Ch. 121, par. 100-10)
 7        Sec. 10. The Authority shall have power:
 8        (a)  To  pass  resolutions,  make  by-laws,   rules   and
 9    regulations for the management, regulation and control of its
10    affairs, and to fix tolls, and to make, enact and enforce all
11    needful   rules   and  regulations  in  connection  with  the
12    construction,  operation,  management,  care,  regulation  or
13    protection of its property or any toll highways, constructed,
14    or reconstructed under this Act hereunder.
15        (a-5)  To fix, assess, and  collect  civil  fines  for  a
16    vehicle's  operation  on  a toll highway without the required
17    toll having been paid.  The Authority may establish by rule a
18    system of civil  administrative  adjudication  to  adjudicate
19    only  alleged  instances  of  a vehicle's operation on a toll
20    highway without  the  required  toll  having  been  paid,  as
21    detected by the Authority's video surveillance system.  Rules
22    establishing  a  system  of civil administrative adjudication
23    must provide for written notice of the alleged violation  and
24    an  opportunity  to be heard on the question of the violation
25    and  must  provide  for  the  establishment  of  a  toll-free
26    telephone number  to  receive  inquiries  concerning  alleged
27    violations.    Only   civil   fines   may   be   imposed   by
28    administrative  adjudication.   A  fine  may be imposed under
29    this paragraph only  if  a  violation  is  established  by  a
30    preponderance  of the evidence.  Judicial review of all final
31    orders  of  the  Authority  under  this  paragraph  shall  be
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 1    conducted in accordance with the Administrative Review Law.
 2        (b)  To prescribe rules  and  regulations  applicable  to
 3    traffic  on highways under the jurisdiction of the Authority,
 4    concerning:
 5             (1)  Types  of  vehicles  permitted  to   use   such
 6        highways  or  parts  thereof,  and classification of such
 7        vehicles;
 8             (2)  Designation of the lanes of traffic to be  used
 9        by  the  different  types of vehicles permitted upon said
10        highways;
11             (3)  Stopping, standing, and parking of vehicles;
12             (4)  Control of traffic by means of police  officers
13        or traffic control signals;
14             (5)  Control or prohibition of processions, convoys,
15        and assemblages of vehicles and persons;
16             (6)  Movement  of  traffic  in one direction only on
17        designated portions of said highways;
18             (7)  Control of the access, entrance,  and  exit  of
19        vehicles and persons to and from said highways; and
20             (8)  Preparation,  location  and installation of all
21        traffic  signs;  and  to  prescribe  further  rules   and
22        regulations   applicable   to  such  traffic,  concerning
23        matters  not  provided  for  either  in   the   foregoing
24        enumeration  or  in  the Illinois Vehicle Code. Notice of
25        such rules and regulations shall be posted  conspicuously
26        and  displayed  at  appropriate  points and at reasonable
27        intervals along said highways, by clearly legible markers
28        or signs, to provide notice  of  the  existence  of  such
29        rules  and  regulations  to  persons  traveling  on  said
30        highways.  At each toll station, the Authority shall make
31        available, free of charge, pamphlets  containing  all  of
32        such rules and regulations.
33        (c)  The  Authority, in fixing the rate for tolls for the
34    privilege of using the said toll highways, is authorized  and
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 1    directed,  in fixing such rates, to base the same upon annual
 2    estimates to be made, recorded and filed with the  Authority.
 3    Said  estimates  shall  include  the following: The estimated
 4    total amount of the use of the toll highways;  the  estimated
 5    amount  of  the  revenue  to be derived therefrom, which said
 6    revenue, when added to all other receipts and income, will be
 7    sufficient to pay the expense of  maintaining  and  operating
 8    said  toll highways, including the administrative expenses of
 9    the Authority,  and  to  discharge  all  obligations  of  the
10    Authority as they become due and payable.
11        (d)  To   accept   from  any  municipality  or  political
12    subdivision any lands, easements or rights in land needed for
13    the operation, construction, relocation or maintenance of any
14    toll highways, with or without payment therefor, and  in  its
15    discretion  to  reimburse  any such municipality or political
16    subdivision out of its funds for any cost or expense incurred
17    in the acquisition of land, easements or rights in  land,  in
18    connection  with  the construction and relocation of the said
19    toll highways, widening, extending roads, streets or  avenues
20    in connection therewith, or for the construction of any roads
21    or  streets  forming  extension  to  and  connections with or
22    between any toll highways, or for  the  cost  or  expense  of
23    widening,   grading,  surfacing  or  improving  any  existing
24    streets or roads or the construction of any streets and roads
25    forming extensions of or connections with any  toll  highways
26    constructed,  relocated,  operated,  maintained  or regulated
27    hereunder  by  the  Authority.  Where  property  owned  by  a
28    municipality or political subdivision  is  necessary  to  the
29    construction  of  an  approved toll highway, if the Authority
30    cannot reach an agreement with such municipality or political
31    subdivision and if the use to which the property is being put
32    in the hands of the municipality or political subdivision  is
33    not  essential to the existence or the administration of such
34    municipality or  political  subdivision,  the  Authority  may
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 1    acquire the property by condemnation.
 2    (Source: P.A. 89-120, eff. 7-7-95.)

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