Bill Amendment: IL SB1298 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: VEH CD-TOLL HIGHWAY VEH-GVWR

Status: 2019-02-07 - Sent to the Governor [SB1298 Detail]

Download: Illinois-2017-SB1298-House_Amendment_002.html

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Rep. Barbara Flynn Currie

Filed: 1/7/2019

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

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to exercise the powers herein conferred. Of the 9 directors
appointed by the Governor, no more than 5 shall be members of
the same political party.
Notwithstanding any provision of law to the contrary, the
term of office of each director of the Authority serving on the
effective date of this amendatory Act of the 100th General
Assembly, other than the Governor and the Secretary of the
Department of Transportation, is abolished and a vacancy in
each office is created on the effective date of this amendatory
Act of the 100th General Assembly. The Governor shall appoint
directors to the Authority for the vacancies created under this
amendatory Act of the 100th General Assembly by February 28,
2019. Directors whose terms are abolished under this amendatory
Act of the 100th General Assembly shall be eligible for
reappointment.
Vacancies shall be filled for the unexpired term in the
same manner as original appointments. All appointments shall be
in writing and filed with the Secretary of State as a public
record. It is the intention of this section that the Governor's
appointments shall be made with due consideration to the
location of proposed toll highway routes so that maximum
geographic representation from the areas served by said toll
highway routes may be accomplished insofar as practicable. The
said Authority shall have the power to contract and be
contracted with, to acquire, hold and convey personal and real
property or any interest therein including rights of way,

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

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

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

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serve only for the unexpired term. Directors shall be eligible
for reappointment.
In making the initial appointments of the 2 additional
directors provided for by this amendatory Act of 1980, the
respective terms of the 2 additional directors first appointed
shall be designated by the Governor at the time of appointment
in such manner that the term of one such additional director
shall expire at the same time as the terms of 4 of the other
directors and the term of the other additional director shall
expire at the same time as the terms of 3 of the other
directors; thereafter the terms shall be 4 years.
Of the initial directors, other than the chairman,
appointed under the provisions of this amendatory Act of the
100th General Assembly, 4 shall serve terms running through
March 1, 2021. The 4 remaining directors shall serve terms
running through March 1, 2023. Thereafter the terms of all
directors shall be 4 years. Directors shall serve until their
respective successors are duly appointed and qualified.
Directors shall be eligible for reappointment.
Each such director, other than ex officio members shall
receive an annual salary of $15,000, or as set by the
Compensation Review Board, whichever is greater, payable in
monthly installments, and shall be reimbursed for necessary
expenses incurred in the performance of his duties.
(Source: P.A. 86-1164.)

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

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

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

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

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

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

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

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

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

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