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92_SB2067ham001
LRB9216652DJmbam03
1 AMENDMENT TO SENATE BILL 2067
2 AMENDMENT NO. . Amend Senate Bill 2067 on page 1, by
3 replacing lines 4 and 5 with the following:
4 "Section 5. The Toll Highway Act is amended by changing
5 Sections 10, 11, 14.1, 18, 23, 24, and 27.1 and adding
6 Sections 8.1, 16.2, 20.2, and 23.5 as follows:
7 (605 ILCS 10/8.1 new)
8 Sec. 8.1. Inspector General.
9 (a) The Governor, with the advice and consent of the
10 Senate, shall on January 20, 2003 appoint an Inspector
11 General who shall have the authority to conduct
12 investigations into allegations or incidents of waste, fraud,
13 and financial mismanagement in Authority operations involving
14 an Authority employee or contractor. The Inspector General
15 shall make recommendations to the Authority regarding his or
16 her investigations. The Inspector General shall be appointed
17 for a term of 4 years. The Governor shall determine the
18 compensation to be received by the Inspector General. The
19 Inspector General shall be independent of the operations of
20 the Authority and perform other duties as requested by the
21 Authority.
22 (b) The Inspector General shall have access to all
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1 information and personnel necessary to perform the duties of
2 the office. If the Inspector General determines that a
3 possible criminal act has been committed or that special
4 expertise is required in the investigation, he or she shall
5 immediately notify the State Police. All investigations
6 conducted by the Inspector General shall be conducted in a
7 manner that ensures the preservation of evidence for use in
8 criminal prosecutions.
9 (c) At all times, the Inspector General shall be granted
10 access to any building or facility that is owned, operated,
11 or leased by the Authority.
12 (d) The Inspector General shall have the power to
13 subpoena witnesses and compel the production of books and
14 papers pertinent to an investigation authorized by this
15 Section. A person is guilty of a Class A misdemeanor if he or
16 she:
17 (1) fails to appear in response to a subpoena;
18 (2) fails to answer any question;
19 (3) fails to produce any books or papers pertinent
20 to an investigation under this Section; or
21 (4) knowingly gives false testimony during an
22 investigation under this Section.
23 (e) The Inspector General shall provide to the
24 Authority, the Governor, and the General Assembly a summary
25 of reports and investigations made under this Section for the
26 previous fiscal year no later than January 1 of each year.
27 The summaries shall detail the final disposition of the
28 Inspector General's recommendations. The summaries may not
29 contain any confidential or identifying information
30 concerning the subjects of the reports and investigations.
31 The summaries shall also include detailed, recommended
32 administrative actions and matters for consideration by the
33 General Assembly.
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1 (605 ILCS 10/10) (from Ch. 121, par. 100-10)
2 Sec. 10. Authority powers. The Authority shall have
3 power:
4 (a) To pass resolutions, make by-laws, rules and
5 regulations for the management, regulation and control of its
6 affairs, and to fix tolls, and to make, enact and enforce all
7 needful rules and regulations in connection with the
8 construction, operation, management, care, regulation or
9 protection of its property or any toll highways, constructed
10 or reconstructed hereunder. After the effective date of this
11 amendatory Act of the 92nd General Assembly and through June
12 30, 2003, the Authority shall not charge or collect tolls at
13 a rate higher than the tolls in effect on March 21, 2002.
14 (a-5) To fix, assess, and collect civil fines for a
15 vehicle's operation on a toll highway without the required
16 toll having been paid. The Authority may establish by rule a
17 system of civil administrative adjudication to adjudicate
18 only alleged instances of a vehicle's operation on a toll
19 highway without the required toll having been paid, as
20 detected by the Authority's video surveillance system. Rules
21 establishing a system of civil administrative adjudication
22 must provide for written notice of the alleged violation and
23 an opportunity to be heard on the question of the violation
24 and must provide for the establishment of a toll-free
25 telephone number to receive inquiries concerning alleged
26 violations. Only civil fines may be imposed by
27 administrative adjudication. A fine may be imposed under
28 this paragraph only if a violation is established by a
29 preponderance of the evidence. Judicial review of all final
30 orders of the Authority under this paragraph shall be
31 conducted in accordance with the Administrative Review Law.
32 (b) To prescribe rules and regulations applicable to
33 traffic on highways under the jurisdiction of the Authority,
34 concerning:
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1 (1) Types of vehicles permitted to use such
2 highways or parts thereof, and classification of such
3 vehicles;
4 (2) Designation of the lanes of traffic to be used
5 by the different types of vehicles permitted upon said
6 highways;
7 (3) Stopping, standing, and parking of vehicles;
8 (4) Control of traffic by means of police officers
9 or traffic control signals;
10 (5) Control or prohibition of processions, convoys,
11 and assemblages of vehicles and persons;
12 (6) Movement of traffic in one direction only on
13 designated portions of said highways;
14 (7) Control of the access, entrance, and exit of
15 vehicles and persons to and from said highways; and
16 (8) Preparation, location and installation of all
17 traffic signs; and to prescribe further rules and
18 regulations applicable to such traffic, concerning
19 matters not provided for either in the foregoing
20 enumeration or in the Illinois Vehicle Code. Notice of
21 such rules and regulations shall be posted conspicuously
22 and displayed at appropriate points and at reasonable
23 intervals along said highways, by clearly legible markers
24 or signs, to provide notice of the existence of such
25 rules and regulations to persons traveling on said
26 highways. At each toll station, the Authority shall make
27 available, free of charge, pamphlets containing all of
28 such rules and regulations.
29 (c) The Authority, in fixing the rate for tolls for the
30 privilege of using the said toll highways, is authorized and
31 directed, in fixing such rates, to base the same upon annual
32 estimates to be made, recorded and filed with the Authority.
33 Said estimates shall include the following: The estimated
34 total amount of the use of the toll highways; the estimated
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1 amount of the revenue to be derived therefrom, which said
2 revenue, when added to all other receipts and income, will be
3 sufficient to pay the expense of maintaining and operating
4 said toll highways, including the administrative expenses of
5 the Authority, and to discharge all obligations of the
6 Authority as they become due and payable.
7 (d) To accept from any municipality or political
8 subdivision any lands, easements or rights in land needed for
9 the operation, construction, relocation or maintenance of any
10 toll highways, with or without payment therefor, and in its
11 discretion to reimburse any such municipality or political
12 subdivision out of its funds for any cost or expense incurred
13 in the acquisition of land, easements or rights in land, in
14 connection with the construction and relocation of the said
15 toll highways, widening, extending roads, streets or avenues
16 in connection therewith, or for the construction of any roads
17 or streets forming extension to and connections with or
18 between any toll highways, or for the cost or expense of
19 widening, grading, surfacing or improving any existing
20 streets or roads or the construction of any streets and roads
21 forming extensions of or connections with any toll highways
22 constructed, relocated, operated, maintained or regulated
23 hereunder by the Authority. Where property owned by a
24 municipality or political subdivision is necessary to the
25 construction of an approved toll highway, if the Authority
26 cannot reach an agreement with such municipality or political
27 subdivision and if the use to which the property is being put
28 in the hands of the municipality or political subdivision is
29 not essential to the existence or the administration of such
30 municipality or political subdivision, the Authority may
31 acquire the property by condemnation.
32 (Source: P.A. 89-120, eff. 7-7-95.)
33 (605 ILCS 10/11) (from Ch. 121, par. 100-11)
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1 Sec. 11. The Authority shall have power:
2 (a) To enter upon lands, waters and premises in the
3 State for the purpose of making surveys, soundings, drillings
4 and examinations as may be necessary, expedient or convenient
5 for the purposes of this Act, and such entry shall not be
6 deemed to be a trespass, nor shall an entry for such purpose
7 be deemed an entry under any condemnation proceedings which
8 may be then pending; provided, however, that the Authority
9 shall make reimbursement for any actual damage resulting to
10 such lands, waters and premises as the result of such
11 activities.
12 (b) To construct, maintain and operate stations for the
13 collection of tolls or charges upon and along any toll
14 highways.
15 (c) To provide for the collection of tolls and charges
16 for the privilege of using the said toll highways. Before it
17 adopts an increase in the rates for toll, the Authority shall
18 hold a public hearing at which any person may appear, express
19 opinions, suggestions, or objections, or direct inquiries
20 relating to the proposed increase. Any person may submit a
21 written statement to the Authority at the hearing, whether
22 appearing in person or not. The hearing shall be held in the
23 county in which the proposed increase of the rates is to take
24 place.
25 The Authority shall give notice of the hearing by
26 advertisement on 3 successive days at least 15 days prior to
27 the date of the hearing in a daily newspaper of general
28 circulation within the county within which the hearing is
29 held. The notice shall state the date, time, and place of
30 the hearing, shall contain a description of the proposed
31 increase, and shall specify how interested persons may obtain
32 copies of any reports, resolutions, or certificates
33 describing the basis on which the proposed change,
34 alteration, or modification was calculated.
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1 The Authority may not hold more than one hearing on the
2 same day in connection with a proposed increase in the rates
3 for toll under this subsection. The Authority must schedule a
4 minimum of 4 hours for each such hearing. At least 3
5 directors of the Authority must be present at each such
6 hearing, and each such director must be present for the
7 entire duration of the hearing.
8 After consideration of any statements filed or oral
9 opinions, suggestions, objections, or inquiries made at the
10 hearing, the Authority may proceed to adopt the proposed
11 increase of the rates for toll. No change or alteration in
12 or modification of the rates for toll shall be effective
13 unless at least 30 days prior to the effective date of such
14 rates notice thereof shall be given to the public by
15 publication in a newspaper of general circulation, and such
16 notice, or notices, thereof shall be posted and publicly
17 displayed at each and every toll station upon or along said
18 toll highways.
19 (d) To construct, at the Authority's discretion, grade
20 separations at intersections with any railroads, waterways,
21 street railways, streets, thoroughfares, public roads or
22 highways intersected by the said toll highways, and to change
23 and adjust the lines and grades thereof so as to accommodate
24 the same to the design of such grade separation and to
25 construct interchange improvements. The Authority is
26 authorized to provide such grade separations or interchange
27 improvements at its own cost or to enter into contracts or
28 agreements with reference to division of cost therefor with
29 any municipality or political subdivision of the State of
30 Illinois, or with the Federal Government, or any agency
31 thereof, or with any corporation, individual, firm, person or
32 association. Where such structures have been built by the
33 Authority and a local highway agency did not enter into an
34 agreement to the contrary, the Authority shall maintain the
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1 entire structure, including the road surface, at the
2 Authority's expense.
3 (e) To contract with and grant concessions to or lease
4 or license to any person, partnership, firm, association or
5 corporation so desiring the use of any part of any toll
6 highways, excluding the paved portion thereof, but including
7 the right of way adjoining, under, or over said paved portion
8 for the placing of telephone, telegraph, electric, power
9 lines and other utilities, and for the placing of pipe lines,
10 and to enter into operating agreements with or to contract
11 with and grant concessions to or to lease to any person,
12 partnership, firm, association or corporation so desiring the
13 use of any part of the toll highways, excluding the paved
14 portion thereof, but including the right of way adjoining, or
15 over said paved portion for motor fuel service stations and
16 facilities, garages, stores and restaurants, or for any other
17 lawful purpose, and to fix the terms, conditions, rents,
18 rates and charges for such use.
19 The Authority shall also have power to establish
20 reasonable regulations for the installation, construction,
21 maintenance, repair, renewal, relocation and removal of
22 pipes, mains, conduits, cables, wires, towers, poles and
23 other equipment and appliances (herein called public
24 utilities) of any public utility as defined in the Public
25 Utilities Act along, over or under any toll road project.
26 Whenever the Authority shall determine that it is necessary
27 that any such public utility facilities which now are located
28 in, on, along, over or under any project or projects be
29 relocated or removed entirely from any such project or
30 projects, the public utility owning or operating such
31 facilities shall relocate or remove the same in accordance
32 with the order of the Authority. All costs and expenses of
33 such relocation or removal, including the cost of installing
34 such facilities in a new location or locations, and the cost
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1 of any land or lands, or interest in land, or any other
2 rights required to accomplish such relocation or removal
3 shall be ascertained and paid by the Authority as a part of
4 the cost of any such project or projects, and further, there
5 shall be no rent, fee or other charge of any kind imposed
6 upon the public utility owning or operating any facilities
7 ordered relocated on the properties of the said Authority and
8 the said Authority shall grant to the said public utility
9 owning or operating said facilities and its successors and
10 assigns the right to operate the same in the new location or
11 locations for as long a period and upon the same terms and
12 conditions as it had the right to maintain and operate such
13 facilities in their former location or locations.
14 (Source: P.A. 90-681, eff. 7-31-98.)
15 (605 ILCS 10/14.1) (from Ch. 121, par. 100-14.1)
16 Sec. 14.1. The Authority shall, prior to the issuance of
17 any bonds under this Act, except refunding bonds, prepare and
18 submit to the Governor for his approval preliminary plans
19 showing the proposed location of the route or routes of the
20 particular toll highway for which the bonds are to be issued,
21 which plans shall designate the approximate point of the
22 commencement and the termination of said route or routes and
23 shall also designate the municipalities to be afforded
24 reasonable connections therewith, and to be served thereby.
25 The Authority shall at the same time submit to the Governor
26 for his approval preliminary estimates of the cost of the
27 construction of the toll highway, shown on said preliminary
28 plans. If the Governor shall approve the preliminary plans
29 and the estimate of the cost thereof, the Authority may
30 thereupon proceed with the issuance of bonds as hereinafter
31 provided. Prior to the issuance of bonds for or the
32 commencement of construction of any new toll highway segment,
33 however, the issuance of bonds for or the commencement of
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1 construction of that particular segment toll highway shall be
2 approved by law as provided in Section 23 authorized by joint
3 resolution of the General Assembly.
4 (Source: P.A. 86-1164.)
5 (605 ILCS 10/16.2 new)
6 Sec. 16.2. Financial benefit prohibited.
7 (a) A director, employee, or agent of the Authority may
8 not receive a financial benefit from a contract let by the
9 Authority during his or her term of service with the
10 Authority and for a period of one year following the
11 termination of his or her term of service as a director of
12 the Authority or as an employee or agent of the Authority.
13 (b) A member of the immediate family or household of a
14 director, employee, or agent of the Authority may not receive
15 a financial benefit from a contract let by the Authority
16 during the immediate family or household member's term of
17 service with the Authority and for a period of one year
18 following the termination of the immediate family or
19 household member's term of service as a director of the
20 Authority or as an employee or agent of the Authority.
21 (c) A director, employee, or agent of the Authority may
22 not use material non-public information for personal
23 financial gain nor may he or she disclose that information to
24 any other person for that person's personal financial gain
25 when that information was obtained as a result of his or her
26 directorship, employment, or agency with the Authority.
27 (d) A member of the immediate family or household of a
28 director, employee, or agent of the Authority may not use
29 material non-public information for personal financial gain
30 nor may he or she disclose that information to any other
31 person for that person's personal financial gain when that
32 information was obtained as a result of his or her immediate
33 family or household member's directorship, employment, or
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1 agency with the Authority.
2 (e) For purposes of this Section, "immediate family or
3 household member" means the spouse, child, parent, brother,
4 sister, grandparent, or grandchild whether of the
5 whole-blood, half-blood, or adoption, or a person who shares
6 a common dwelling with a director of the Authority or with an
7 employee or agent of the Authority.
8 (605 ILCS 10/18) (from Ch. 121, par. 100-18)
9 Sec. 18. The sums of money appropriated by the General
10 Assembly (other than sums appropriated from the Illinois
11 State Toll Highway Authority Fund) for the payment of
12 ordinary and contingent expenses of the Authority or the
13 payment of compensation of the members of the Authority
14 expended as a part of the cost of a toll highway financed by
15 revenue bonds issued and sold by the Authority under this Act
16 shall be repaid to the State Treasury out of the proceeds of
17 the sale of such bonds, for deposit in the fund from which
18 such sums were appropriated. Any such sums remaining unpaid
19 because expended for preliminary investigation of toll
20 highway routes not constructed shall be repaid by the
21 Authority out of the proceeds of the sale of any of such
22 bonds issued to finance additional toll highways or
23 extensions of existing toll highways. If no such new bonds
24 are issued, and the money appropriated by the General
25 Assembly has not otherwise been repaid in full, then the
26 Authority shall, after payment of all existing bonds and
27 interest thereon, continue to collect tolls for the privilege
28 of using the toll highways constructed pursuant to the
29 authority of "An Act in relation to the construction,
30 operation, regulation and maintenance of a system of toll
31 highways and to create The Illinois State Toll Highway
32 Commission, and to define its powers and duties and to repeal
33 an Act therein named", approved July 13, 1953, as amended,
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1 until such time as the tolls collected are sufficient to
2 repay any such unpaid money. The tolls so collected shall be
3 paid by the Authority to the State treasury for deposit in
4 the fund from which such sums were appropriated.
5 (Source: Laws 1968, p. 199.)
6 (605 ILCS 10/20.2 new)
7 Sec. 20.2. Comprehensive Strategic Financial Plan.
8 (a) The Authority must submit to the General Assembly,
9 not later than December 31, 2002, a 20-year comprehensive
10 strategic financial plan. The plan must include detailed
11 information regarding the Authority's income, expenditures,
12 debt, capital needs, and the cost of any planned toll highway
13 extensions. The Authority must provide detailed and specific
14 information regarding how it will fund its debt, unfunded
15 capital needs, and the planned toll highway extensions. This
16 information must include the possibility of obtaining federal
17 funds, both loans and grants, under the Transportation
18 Infrastructure Innovation Act or other federal programs.
19 (b) Before submitting the plan under subsection (a), the
20 Authority must hold at least 2 public hearings at which any
21 person may appear, express opinions, suggestions, or
22 objections, or direct inquiries relating to the proposed
23 plan. The Authority may not hold more than one hearing on the
24 same day in connection with the proposed plan. The Authority
25 must schedule a minimum of 4 hours for each such hearing. At
26 least 3 directors of the Authority must be present at each
27 such hearing, and each such director must be present for the
28 entire duration of the hearing.
29 (605 ILCS 10/23) (from Ch. 121, par. 100-23)
30 Sec. 23. The Authority shall file with the Governor, the
31 Clerk of the House of Representatives, the Secretary of the
32 Senate, and the Illinois Economic and Fiscal Commission, on
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1 or prior to March 15th of each year, a written statement and
2 report covering its activities for the preceding calendar
3 year. The Authority shall present, to the committees of the
4 House of Representatives designated by the Speaker of the
5 House and to the committees of the Senate designated by the
6 President of the Senate, an annual report outlining its
7 planned revenues and expenditures, including any plan to
8 institute a general increase in toll rates. Prior to
9 instituting any general increase in toll rates, the Authority
10 shall obtain the approval of the General Assembly by law
11 approved by the vote of a three-fifths majority of the
12 members elected to each house. The Authority shall prepare
13 an annual capital plan which identifies capital projects by
14 location and details the project costs in correct dollar
15 amounts. The Authority may issue bonds to implement its
16 capital plan only in amounts and for purposes that have been
17 approved by law. The Authority shall also prepare and file a
18 ten-year capital plan that includes a listing of all capital
19 improvement projects contemplated during the ensuing ten-year
20 period. The first ten-year capital plan shall be filed in
21 1991 and thereafter on the anniversary of each ten-year
22 period.
23 It shall also be the duty of the Auditor General of the
24 State of Illinois, annually to audit or cause to be audited
25 the books and records of the Authority and to file a
26 certified copy of the report of such audit with the Governor
27 and with the Legislative Audit Commission, which audit
28 reports, when so filed, shall be open to the public for
29 inspection.
30 (Source: P.A. 91-256, eff. 1-1-00.)
31 (605 ILCS 10/23.5 new)
32 Sec. 23.5. Management audit.
33 (a) The Auditor General shall conduct a management audit
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1 of the State's toll highway operations and management.
2 (b) The purpose of the audit shall be to determine
3 whether the Authority is managing or using its resources,
4 including toll and investment-generated revenue, personnel,
5 property, equipment, and space, in an economical and
6 efficient manner. The audit shall also determine the causes
7 of any inefficiencies or uneconomical practices, including
8 inadequacies in management information systems, internal and
9 administrative procedures, organizational structure, use of
10 resources, allocation of personnel, purchasing policies, and
11 equipment. In addition to these matters, the audit shall
12 specifically examine the process by which the Authority
13 collects, transports, and counts toll collections.
14 (c) The Auditor General shall report his or her
15 preliminary findings to the Governor and the General Assembly
16 no later than April 15, 2003 and shall report the complete
17 audit to the Governor and the General Assembly no later than
18 June 30, 2003.
19 (d) The Authority shall pay the cost of the audit
20 conducted under this Section.
21 (605 ILCS 10/24) (from Ch. 121, par. 100-24)
22 Sec. 24. Except as otherwise provided in any bond
23 resolution, the proceeds derived from the sale of bonds, and
24 all receipts and income derived from tolls, licenses, gifts,
25 donations, concessions, fees, rentals, and all other revenues
26 from whatever source derived, shall, within 3 three days
27 after receipt thereof, be paid to the Treasurer of the State
28 of Illinois, and held by him as a special fund known as the
29 Illinois State Toll Highway Authority Fund, except that the
30 Authority may retain portions of the Illinois State Toll
31 Highway Authority Fund as a locally maintained construction
32 fund revolving account and as a revenue fund revolving
33 account, where authorized by a bond resolution, and as
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1 locally maintained change funds, where necessary for the
2 operations of the Authority. The State Treasurer shall be ex
3 officio custodian of such special fund, which fund shall be
4 held, invested and disbursed for the purposes provided herein
5 upon the order of the Authority and in accordance with
6 provisions and covenants of any bond resolution authorizing
7 the issuance of bonds which have not been paid or deemed
8 paid. The interest accruing on said special fund shall be
9 computed and added to the principal thereof every six months.
10 In addition to the special audits prescribed by this Act, the
11 said fund shall also be subject to audit in the same manner
12 as is now, or may hereinafter be, provided for the audit of
13 State funds and accounts. The said special fund shall be
14 protected by a corporate surety bond, executed by the
15 Treasurer, with a surety authorized to do business under the
16 laws of the State of Illinois. The amount of said bond shall
17 be fixed by resolution of the Authority, approved by the
18 Governor, and may be increased or diminished at any time. The
19 premiums on said bond shall be payable from the funds of the
20 Authority. The bond shall be subject to the approval of the
21 Governor and Attorney General of the State of Illinois, and,
22 when so approved, shall be filed in the office of the
23 Secretary of State. This Act shall constitute an irrevocable
24 and continuing appropriation from the special fund for
25 amounts to pay principal, interest, and other bond expenses
26 and obligations as provided in this Act. All other expenses
27 of the Authority, including the ordinary and contingent
28 expenses for the Authority's annual operations, are subject
29 to annual appropriation by the General Assembly from the
30 special fund (or from other funds as provided in Section 18)
31 for each fiscal year. Said special fund shall be considered
32 always appropriated for the purposes of disbursements, as
33 provided in this Act, and shall be paid out and disbursed
34 only as provided herein, and shall not, at any time be
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1 appropriated or diverted to any other use or purpose. For
2 all outstanding bonds issued by the Authority before the
3 effective date of this amendatory Act of the 92nd General
4 Assembly, the State guarantees the timely payment of any
5 principal or interest that is not paid by the Authority when
6 due, with recourse to the Court of Claims. The Authority
7 shall, with respect to all revenue bonds outstanding as of
8 the effective date of this amendatory Act of the 92nd General
9 Assembly, maintain in a debt service fund an amount equal to
10 140% of the amount needed to pay annual debt service pursuant
11 to the bonds.
12 (Source: P.A. 83-1258.)".