|
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3788 Introduced , by Rep. Robert Rita SYNOPSIS AS INTRODUCED:
|
| 605 ILCS 10/10 | from Ch. 121, par. 100-10 |
|
Amends the Toll Highway Act. Provides that no commercial entity that is the lessor of a vehicle under a written lease agreement shall be liable for an administrative notice of violation for toll evasion involving that vehicle during the period of the lease if the lessor provides a copy of the leasing agreement to the Authority within 30 (rather than 21) days of the issue date on the notice of violation. Provides that the Illinois State Toll Highway Authority may adopt rules with respect to commercial entities that lease vehicles under a written lease agreement specifying a different time period for providing a copy of the leasing agreement.
|
| |
| | A BILL FOR |
|
|
| | HB3788 | | LRB099 10205 RJF 30430 b |
|
|
1 | | AN ACT concerning transportation.
|
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 or
|
14 | | reconstructed hereunder.
|
15 | | (a-5) To fix, assess, and collect civil fines for a |
16 | | vehicle's operation on
a toll highway without the required toll |
17 | | having been paid.
The Authority may
establish by rule a system |
18 | | of civil administrative adjudication to adjudicate
only |
19 | | alleged
instances of a vehicle's operation on a toll highway |
20 | | without the required toll
having been paid, as detected by the |
21 | | Authority's video or photo
surveillance system.
In cases in |
22 | | which the operator of the vehicle is not the registered
vehicle |
23 | | owner, the establishment of
ownership of the vehicle creates a |
|
| | HB3788 | - 2 - | LRB099 10205 RJF 30430 b |
|
|
1 | | rebuttable presumption that the vehicle was
being operated by |
2 | | an agent
of the registered vehicle owner. If the registered |
3 | | vehicle owner liable for a
violation under this Section was
not |
4 | | the operator of the vehicle at the time of the violation, the |
5 | | owner may
maintain an action for
indemnification against the |
6 | | operator in the circuit court.
Rules establishing a system of |
7 | | civil administrative
adjudication must
provide for written |
8 | | notice,
by first class mail or other means provided by law, to |
9 | | the address of the
registered owner of the cited
vehicle as |
10 | | recorded with the Secretary of State or to the lessee of the |
11 | | cited
vehicle at the last address known
to the lessor of the |
12 | | cited vehicle at the time of the lease,
of the
alleged |
13 | | violation and an opportunity to be heard on the question of the
|
14 | | violation and must provide for the establishment of a toll-free |
15 | | telephone
number to receive inquiries concerning alleged |
16 | | violations.
The notice shall also inform the registered vehicle |
17 | | owner that failure to
contest in the manner and time
provided |
18 | | shall be deemed an admission of liability and that a final |
19 | | order of
liability may be entered on that admission. A duly
|
20 | | authorized agent of the Authority may perform
or execute the |
21 | | preparation, certification, affirmation, or
mailing of the |
22 | | notice. A notice of violation, sworn or affirmed to or |
23 | | certified
by a duly authorized agent of
the Authority, or a |
24 | | facsimile of the notice, based upon an inspection of
|
25 | | photographs, microphotographs,
videotape, or other recorded |
26 | | images produced
by a video or photo surveillance system, shall |
|
| | HB3788 | - 3 - | LRB099 10205 RJF 30430 b |
|
|
1 | | be admitted as
prima facie evidence of the correctness of the |
2 | | facts contained in the notice or
facsimile.
Only civil fines,
|
3 | | along with the corresponding outstanding toll, and costs
may be |
4 | | imposed by
administrative adjudication. A fine may be imposed |
5 | | under this paragraph only
if a violation is established by a |
6 | | preponderance of the evidence. Judicial
review of all final |
7 | | orders of the Authority under this paragraph shall be
conducted |
8 | | in the circuit court of the county in which the administrative |
9 | | decision was rendered in accordance with the Administrative |
10 | | Review Law.
|
11 | | The Authority may maintain a listing or searchable database |
12 | | on its website of persons or entities that have been issued one |
13 | | or more final orders of liability with a total amount due of |
14 | | more than $1,000 for tolls, fines, unpaid late fees, or |
15 | | administrative costs that remain unpaid after the exhaustion |
16 | | of, or the failure to exhaust, the judicial review procedures |
17 | | under the Administrative Review Law. Each entry may include the |
18 | | person's or entity's name as listed on the final order of |
19 | | liability. |
20 | | Any outstanding toll, fine, additional late payment fine, |
21 | | other
sanction,
or costs imposed, or part of any fine, other |
22 | | sanction, or costs imposed, remaining unpaid after the |
23 | | exhaustion of, or the failure to
exhaust, judicial review |
24 | | procedures under the Administrative Review
Law are a debt due |
25 | | and owing
the Authority and may be collected in accordance
with |
26 | | applicable law. After expiration of the period in
which |
|
| | HB3788 | - 4 - | LRB099 10205 RJF 30430 b |
|
|
1 | | judicial review under the Administrative Review Law may be
|
2 | | sought,
unless stayed by a court of competent jurisdiction, a |
3 | | final order of
the Authority under this subsection (a-5)
may be |
4 | | enforced in
the same manner as a judgment entered by a court of |
5 | | competent jurisdiction.
Notwithstanding any other provision of |
6 | | this Act, the Authority may, with the approval of the Attorney |
7 | | General, retain a law firm or law firms with expertise in the |
8 | | collection of government fines and debts for the purpose of |
9 | | collecting fines, costs, and other moneys due under this |
10 | | subsection (a-5).
|
11 | | A system of civil administrative adjudication may also |
12 | | provide for a
program of vehicle
immobilization, tow, or |
13 | | impoundment for the purpose of facilitating
enforcement of any |
14 | | final order or orders of
the Authority under this subsection |
15 | | (a-5) that result in a finding or liability for 5 or more |
16 | | violations after
expiration of the period in which judicial |
17 | | review under the Administrative Review Law may be sought. The |
18 | | registered vehicle owner of a
vehicle immobilized, towed,
or |
19 | | impounded for nonpayment of a final order
of the Authority |
20 | | under this subsection (a-5) shall have the right
to request a |
21 | | hearing before the Authority's civil administrative |
22 | | adjudicatory
system to challenge the validity
of the |
23 | | immobilization, tow, or impoundment.
This hearing, however, |
24 | | shall not constitute a
readjudication of the merits of |
25 | | previously adjudicated notices.
Judicial review of all final |
26 | | orders of the
Authority under this subsection (a-5) shall be |
|
| | HB3788 | - 5 - | LRB099 10205 RJF 30430 b |
|
|
1 | | conducted
in the circuit court of the county in which the |
2 | | administrative decision was rendered in accordance with the |
3 | | Administrative Review Law. |
4 | | No commercial entity that is the lessor of a vehicle under |
5 | | a written lease agreement shall be liable for an administrative |
6 | | notice of violation for toll evasion issued under this |
7 | | subsection (a-5) involving that vehicle during the period of |
8 | | the lease if the lessor provides a copy of the leasing |
9 | | agreement to the Authority within 30 21 days of the issue date |
10 | | on the notice of violation or, if an administrative rule has |
11 | | been adopted specifying a different time period, then within |
12 | | the time period set by rule . The leasing agreement also must |
13 | | contain a provision or addendum informing the lessee that the |
14 | | lessee is liable for payment of all tolls and any fines for |
15 | | toll evasion. Each entity must also post a sign at the leasing |
16 | | counter notifying the lessee of that liability. The copy of the |
17 | | leasing agreement provided to the Authority must contain the |
18 | | name, address, and driver's license number of the lessee, as |
19 | | well as the check-out and return dates and times of the vehicle |
20 | | and the vehicle license plate number and vehicle make and |
21 | | model. |
22 | | As used in this subsection (a-5), "lessor" includes |
23 | | commercial leasing and rental entities but does not include |
24 | | public passenger vehicle entities.
|
25 | | The Authority shall establish an amnesty program for
|
26 | | violations adjudicated under this subsection (a-5). Under the
|
|
| | HB3788 | - 6 - | LRB099 10205 RJF 30430 b |
|
|
1 | | program, any person who has an outstanding notice of violation
|
2 | | for toll evasion or a final order of a hearing officer for toll
|
3 | | evasion dated prior to the effective date of this amendatory
|
4 | | Act of the 94th General Assembly
and who pays to the
Authority |
5 | | the full percentage amounts listed in this paragraph
remaining |
6 | | due on the notice of violation or final order of the
hearing |
7 | | officer and the full fees and costs paid by the Authority to |
8 | | the Secretary of State relating to suspension proceedings, if |
9 | | applicable, on or before 5:00 p.m., Central Standard Time,
of |
10 | | the 60th day after the effective date of this amendatory Act
of |
11 | | the 94th General Assembly shall not be required to pay more
|
12 | | than the listed percentage of the original fine amount and
|
13 | | outstanding toll as listed on the notice of violation or final
|
14 | | order of the hearing officer and the full fees and costs paid |
15 | | by the Authority to the Secretary of State relating to |
16 | | suspension proceedings, if applicable. The payment percentage |
17 | | scale
shall be as follows: a person with 25 or fewer violations |
18 | | shall
be eligible for amnesty upon payment of 50% of the |
19 | | original
fine amount and the outstanding tolls; a person with |
20 | | more than
25 but fewer than 51 violations shall be eligible for |
21 | | amnesty
upon payment of 60% of the original fine amount and the
|
22 | | outstanding tolls; and a person with 51 or more violations
|
23 | | shall be eligible for amnesty upon payment of 75% of the
|
24 | | original fine amount and the outstanding tolls. In such a
|
25 | | situation, the Executive Director of the Authority or his or
|
26 | | her designee is authorized and directed to waive any late fine
|
|
| | HB3788 | - 7 - | LRB099 10205 RJF 30430 b |
|
|
1 | | amount above the applicable percentage of the original fine
|
2 | | amount. Partial payment of the amount due shall not be a basis
|
3 | | to extend the amnesty payment deadline nor shall it act to
|
4 | | relieve the person of liability for payment of the late fine
|
5 | | amount. In order to receive amnesty, the full amount of the
|
6 | | applicable percentage of the original fine amount and
|
7 | | outstanding toll remaining due on the notice of violation or
|
8 | | final order of the hearing officer and the full fees and costs |
9 | | paid by the Authority to the Secretary of State relating to |
10 | | suspension proceedings, if applicable, must be paid in full by |
11 | | 5:00
p.m., Central Standard Time, of the 60th day after the
|
12 | | effective date of this amendatory Act of the 94th General
|
13 | | Assembly. This amendatory Act of the 94th General Assembly has
|
14 | | no retroactive effect with regard to payments already tendered
|
15 | | to the Authority that were full payments or payments in an
|
16 | | amount greater than the applicable percentage, and this Act
|
17 | | shall not be the basis for either a refund or a credit. This
|
18 | | amendatory Act of the 94th General Assembly does not apply to
|
19 | | toll evasion citations issued by the Illinois State Police or
|
20 | | other authorized law enforcement agencies and for which payment
|
21 | | may be due to or through the clerk of the circuit court. The
|
22 | | Authority shall adopt rules as necessary to implement the
|
23 | | provisions of this amendatory Act of the 94th General Assembly.
|
24 | | The Authority, by a resolution of the Board of Directors, shall
|
25 | | have the discretion to implement similar amnesty programs in
|
26 | | the future.
The Authority, at its discretion and in |
|
| | HB3788 | - 8 - | LRB099 10205 RJF 30430 b |
|
|
1 | | consultation with the Attorney
General, is further authorized |
2 | | to settle an administrative fine or
penalty if it determines |
3 | | that settling for less than the full amount
is in the best |
4 | | interests of the Authority after taking into account
the |
5 | | following factors:
(1) the merits of the Authority's claim |
6 | | against the respondent;
(2) the amount that can be collected |
7 | | relative to the
administrative fine or penalty owed by the |
8 | | respondent;
(3) the cost of pursuing further enforcement or |
9 | | collection
action against the respondent;
(4) the likelihood of |
10 | | collecting the full amount owed; and
(5) the burden on the |
11 | | judiciary.
The provisions in this Section may be extended to |
12 | | other
toll facilities in the State of Illinois through a duly
|
13 | | executed agreement between the Authority and
the operator of |
14 | | the toll facility.
|
15 | | (b) To prescribe rules and regulations applicable to |
16 | | traffic on highways
under the jurisdiction of the Authority, |
17 | | concerning:
|
18 | | (1) Types of vehicles permitted to use such highways or |
19 | | parts thereof,
and classification of such vehicles;
|
20 | | (2) Designation of the lanes of traffic to be used by |
21 | | the different
types of vehicles permitted upon said |
22 | | highways;
|
23 | | (3) Stopping, standing, and parking of vehicles;
|
24 | | (4) Control of traffic by means of police officers or |
25 | | traffic control
signals;
|
26 | | (5) Control or prohibition of processions, convoys, |
|
| | HB3788 | - 9 - | LRB099 10205 RJF 30430 b |
|
|
1 | | and assemblages of
vehicles and persons;
|
2 | | (6) Movement of traffic in one direction only on |
3 | | designated portions of
said highways;
|
4 | | (7) Control of the access, entrance, and exit of |
5 | | vehicles and persons to
and from said highways; and
|
6 | | (8) Preparation, location and installation of all |
7 | | traffic signs;
and to prescribe further rules and |
8 | | regulations applicable to such traffic,
concerning matters |
9 | | not provided for either in the foregoing enumeration or
in |
10 | | the Illinois Vehicle Code. Notice of such rules and |
11 | | regulations
shall be posted conspicuously and displayed at |
12 | | appropriate points and at
reasonable intervals along said |
13 | | highways, by clearly legible markers or
signs, to provide |
14 | | notice of the existence of such rules and regulations to
|
15 | | persons traveling on said highways. At each toll station, |
16 | | the Authority
shall make available, free of charge, |
17 | | pamphlets containing all of such
rules and regulations.
|
18 | | (c) The Authority, in fixing the rate for tolls for the |
19 | | privilege of
using the said toll highways, is authorized and |
20 | | directed, in fixing such
rates, to base the same upon annual |
21 | | estimates to be made, recorded and
filed with the Authority. |
22 | | Said estimates shall include the following: The
estimated total |
23 | | amount of the use of the toll highways; the estimated
amount of |
24 | | the revenue to be derived therefrom, which said revenue, when
|
25 | | added to all other receipts and income, will be sufficient to |
26 | | pay the
expense of maintaining and operating said toll |
|
| | HB3788 | - 10 - | LRB099 10205 RJF 30430 b |
|
|
1 | | highways, including the
administrative expenses of the |
2 | | Authority, and to discharge all obligations
of the Authority as |
3 | | they become due and payable.
|
4 | | (d) To accept from any municipality or political |
5 | | subdivision any lands,
easements or rights in land needed for |
6 | | the operation, construction,
relocation or maintenance of any |
7 | | toll highways, with or without payment
therefor, and in its |
8 | | discretion to reimburse any such municipality or
political |
9 | | subdivision out of its funds for any cost or expense incurred |
10 | | in
the acquisition of land, easements or rights in land, in |
11 | | connection with
the construction and relocation of the said |
12 | | toll highways, widening,
extending roads, streets or avenues in |
13 | | connection therewith, or for the
construction of any roads or |
14 | | streets forming extension to and connections
with or between |
15 | | any toll highways, or for the cost or expense of widening,
|
16 | | grading, surfacing or improving any existing streets or roads |
17 | | or the
construction of any streets and roads forming extensions |
18 | | of or connections
with any toll highways constructed, |
19 | | relocated, operated, maintained or
regulated hereunder by the |
20 | | Authority. Where property owned by a
municipality or political |
21 | | subdivision is necessary to the construction of
an approved |
22 | | toll highway, if the Authority cannot reach an agreement with
|
23 | | such municipality or political subdivision and if the use to |
24 | | which the
property is being put in the hands of the |
25 | | municipality or political
subdivision is not essential to the |
26 | | existence or the administration of such
municipality or |