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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3805 Introduced , by Rep. Jim Durkin SYNOPSIS AS INTRODUCED:
| | 605 ILCS 10/10 | from Ch. 121, par. 100-10 |
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Amends the Toll Highway Act. Makes a technical change in a Section
concerning powers of the Toll Highway Authority.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Toll Highway Act is amended by changing |
| 5 | | Section 10 as follows:
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| 6 | | (605 ILCS 10/10) (from Ch. 121, par. 100-10)
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| 7 | | Sec. 10.
The Authority shall have power:
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| 8 | | (a) To pass resolutions, make 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
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| 13 | | protection of its property or any toll highways, constructed or
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| 14 | | reconstructed hereunder.
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| 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 |
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| 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
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| 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
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| 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
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| 25 | | photographs, microphotographs,
videotape, or other recorded |
| 26 | | images produced
by a video or photo surveillance system, shall |
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| 1 | | be admitted as
prima facie evidence of the correctness of the |
| 2 | | facts contained in the notice or
facsimile.
Only civil fines,
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| 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.
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| 11 | | Any outstanding toll, fine, additional late payment fine, |
| 12 | | other
sanction,
or costs imposed, or part of any fine, other |
| 13 | | sanction, or costs imposed, remaining unpaid after the |
| 14 | | exhaustion of, or the failure to
exhaust, judicial review |
| 15 | | procedures under the Administrative Review
Law are a debt due |
| 16 | | and owing
the Authority and may be collected in accordance
with |
| 17 | | applicable law. After expiration of the period in
which |
| 18 | | judicial review under the Administrative Review Law may be
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| 19 | | sought,
unless stayed by a court of competent jurisdiction, a |
| 20 | | final order of
the Authority under this subsection (a-5)
may be |
| 21 | | enforced in
the same manner as a judgment entered by a court of |
| 22 | | competent jurisdiction.
Notwithstanding any other provision of |
| 23 | | this Act, the Authority may, with the approval of the Attorney |
| 24 | | General, retain a law firm or law firms with expertise in the |
| 25 | | collection of government fines and debts for the purpose of |
| 26 | | collecting fines, costs, and other moneys due under this |
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| 1 | | subsection (a-5).
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| 2 | | A system of civil administrative adjudication may also |
| 3 | | provide for a
program of vehicle
immobilization, tow, or |
| 4 | | impoundment for the purpose of facilitating
enforcement of any |
| 5 | | final order or orders of
the Authority under this subsection |
| 6 | | (a-5) that result in a finding or liability for 5 or more |
| 7 | | violations after
expiration of the period in which judicial |
| 8 | | review under the Administrative Review Law may be sought. The |
| 9 | | registered vehicle owner of a
vehicle immobilized, towed,
or |
| 10 | | impounded for nonpayment of a final order
of the Authority |
| 11 | | under this subsection (a-5) shall have the right
to request a |
| 12 | | hearing before the Authority's civil administrative |
| 13 | | adjudicatory
system to challenge the validity
of the |
| 14 | | immobilization, tow, or impoundment.
This hearing, however, |
| 15 | | shall not constitute a
readjudication of the merits of |
| 16 | | previously adjudicated notices.
Judicial review of all final |
| 17 | | orders of the
Authority under this subsection (a-5) shall be |
| 18 | | conducted
in the circuit court of the county in which the |
| 19 | | administrative decision was rendered in accordance with the |
| 20 | | Administrative Review Law. |
| 21 | | No commercial entity that is the lessor of a vehicle under |
| 22 | | a written lease agreement shall be liable for an administrative |
| 23 | | notice of violation for toll evasion issued under this |
| 24 | | subsection (a-5) involving that vehicle during the period of |
| 25 | | the lease if the lessor provides a copy of the leasing |
| 26 | | agreement to the Authority within 21 days of the issue date on |
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| 1 | | the notice of violation. The leasing agreement also must |
| 2 | | contain a provision or addendum informing the lessee that the |
| 3 | | lessee is liable for payment of all tolls and any fines for |
| 4 | | toll evasion. Each entity must also post a sign at the leasing |
| 5 | | counter notifying the lessee of that liability. The copy of the |
| 6 | | leasing agreement provided to the Authority must contain the |
| 7 | | name, address, and driver's license number of the lessee, as |
| 8 | | well as the check-out and return dates and times of the vehicle |
| 9 | | and the vehicle license plate number and vehicle make and |
| 10 | | model. |
| 11 | | As used in this subsection (a-5), "lessor" includes |
| 12 | | commercial leasing and rental entities but does not include |
| 13 | | public passenger vehicle entities.
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| 14 | | The Authority shall establish an amnesty program for
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| 15 | | violations adjudicated under this subsection (a-5). Under the
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| 16 | | program, any person who has an outstanding notice of violation
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| 17 | | for toll evasion or a final order of a hearing officer for toll
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| 18 | | evasion dated prior to the effective date of this amendatory
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| 19 | | Act of the 94th General Assembly
and who pays to the
Authority |
| 20 | | the full percentage amounts listed in this paragraph
remaining |
| 21 | | due on the notice of violation or final order of the
hearing |
| 22 | | officer and the full fees and costs paid by the Authority to |
| 23 | | the Secretary of State relating to suspension proceedings, if |
| 24 | | applicable, on or before 5:00 p.m., Central Standard Time,
of |
| 25 | | the 60th day after the effective date of this amendatory Act
of |
| 26 | | the 94th General Assembly shall not be required to pay more
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| 1 | | than the listed percentage of the original fine amount and
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| 2 | | outstanding toll as listed on the notice of violation or final
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| 3 | | order of the hearing officer and the full fees and costs paid |
| 4 | | by the Authority to the Secretary of State relating to |
| 5 | | suspension proceedings, if applicable. The payment percentage |
| 6 | | scale
shall be as follows: a person with 25 or fewer violations |
| 7 | | shall
be eligible for amnesty upon payment of 50% of the |
| 8 | | original
fine amount and the outstanding tolls; a person with |
| 9 | | more than
25 but fewer than 51 violations shall be eligible for |
| 10 | | amnesty
upon payment of 60% of the original fine amount and the
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| 11 | | outstanding tolls; and a person with 51 or more violations
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| 12 | | shall be eligible for amnesty upon payment of 75% of the
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| 13 | | original fine amount and the outstanding tolls. In such a
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| 14 | | situation, the Executive Director of the Authority or his or
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| 15 | | her designee is authorized and directed to waive any late fine
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| 16 | | amount above the applicable percentage of the original fine
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| 17 | | amount. Partial payment of the amount due shall not be a basis
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| 18 | | to extend the amnesty payment deadline nor shall it act to
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| 19 | | relieve the person of liability for payment of the late fine
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| 20 | | amount. In order to receive amnesty, the full amount of the
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| 21 | | applicable percentage of the original fine amount and
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| 22 | | outstanding toll remaining due on the notice of violation or
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| 23 | | final order of the hearing officer and the full fees and costs |
| 24 | | paid by the Authority to the Secretary of State relating to |
| 25 | | suspension proceedings, if applicable, must be paid in full by |
| 26 | | 5:00
p.m., Central Standard Time, of the 60th day after the
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| 1 | | effective date of this amendatory Act of the 94th General
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| 2 | | Assembly. This amendatory Act of the 94th General Assembly has
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| 3 | | no retroactive effect with regard to payments already tendered
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| 4 | | to the Authority that were full payments or payments in an
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| 5 | | amount greater than the applicable percentage, and this Act
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| 6 | | shall not be the basis for either a refund or a credit. This
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| 7 | | amendatory Act of the 94th General Assembly does not apply to
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| 8 | | toll evasion citations issued by the Illinois State Police or
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| 9 | | other authorized law enforcement agencies and for which payment
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| 10 | | may be due to or through the clerk of the circuit court. The
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| 11 | | Authority shall adopt rules as necessary to implement the
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| 12 | | provisions of this amendatory Act of the 94th General Assembly.
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| 13 | | The Authority, by a resolution of the Board of Directors, shall
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| 14 | | have the discretion to implement similar amnesty programs in
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| 15 | | the future.
The Authority, at its discretion and in |
| 16 | | consultation with the Attorney
General, is further authorized |
| 17 | | to settle an administrative fine or
penalty if it determines |
| 18 | | that settling for less than the full amount
is in the best |
| 19 | | interests of the Authority after taking into account
the |
| 20 | | following factors:
(1) the merits of the Authority's claim |
| 21 | | against the respondent;
(2) the amount that can be collected |
| 22 | | relative to the
administrative fine or penalty owed by the |
| 23 | | respondent;
(3) the cost of pursuing further enforcement or |
| 24 | | collection
action against the respondent;
(4) the likelihood of |
| 25 | | collecting the full amount owed; and
(5) the burden on the |
| 26 | | judiciary.
The provisions in this Section may be extended to |
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| 1 | | other
toll facilities in the State of Illinois through a duly
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| 2 | | executed agreement between the Authority and
the operator of |
| 3 | | the toll facility.
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| 4 | | (b) To prescribe rules and regulations applicable to |
| 5 | | traffic on highways
under the jurisdiction of the Authority, |
| 6 | | concerning:
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| 7 | | (1) Types of vehicles permitted to use such highways or |
| 8 | | parts thereof,
and classification of such vehicles;
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| 9 | | (2) Designation of the lanes of traffic to be used by |
| 10 | | the different
types of vehicles permitted upon said |
| 11 | | highways;
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| 12 | | (3) Stopping, standing, and parking of vehicles;
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| 13 | | (4) Control of traffic by means of police officers or |
| 14 | | traffic control
signals;
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| 15 | | (5) Control or prohibition of processions, convoys, |
| 16 | | and assemblages of
vehicles and persons;
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| 17 | | (6) Movement of traffic in one direction only on |
| 18 | | designated portions of
said highways;
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| 19 | | (7) Control of the access, entrance, and exit of |
| 20 | | vehicles and persons to
and from said highways; and
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| 21 | | (8) Preparation, location and installation of all |
| 22 | | traffic signs;
and to prescribe further rules and |
| 23 | | regulations applicable to such traffic,
concerning matters |
| 24 | | not provided for either in the foregoing enumeration or
in |
| 25 | | the Illinois Vehicle Code. Notice of such rules and |
| 26 | | regulations
shall be posted conspicuously and displayed at |
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| 1 | | appropriate points and at
reasonable intervals along said |
| 2 | | highways, by clearly legible markers or
signs, to provide |
| 3 | | notice of the existence of such rules and regulations to
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| 4 | | persons traveling on said highways. At each toll station, |
| 5 | | the Authority
shall make available, free of charge, |
| 6 | | pamphlets containing all of such
rules and regulations.
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| 7 | | (c) The Authority, in fixing the rate for tolls for the |
| 8 | | privilege of
using the said toll highways, is authorized and |
| 9 | | directed, in fixing such
rates, to base the same upon annual |
| 10 | | estimates to be made, recorded and
filed with the Authority. |
| 11 | | Said estimates shall include the following: The
estimated total |
| 12 | | amount of the use of the toll highways; the estimated
amount of |
| 13 | | the revenue to be derived therefrom, which said revenue, when
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| 14 | | added to all other receipts and income, will be sufficient to |
| 15 | | pay the
expense of maintaining and operating said toll |
| 16 | | highways, including the
administrative expenses of the |
| 17 | | Authority, and to discharge all obligations
of the Authority as |
| 18 | | they become due and payable.
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| 19 | | (d) To accept from any municipality or political |
| 20 | | subdivision any lands,
easements or rights in land needed for |
| 21 | | the operation, construction,
relocation or maintenance of any |
| 22 | | toll highways, with or without payment
therefor, and in its |
| 23 | | discretion to reimburse any such municipality or
political |
| 24 | | subdivision out of its funds for any cost or expense incurred |
| 25 | | in
the acquisition of land, easements or rights in land, in |
| 26 | | connection with
the construction and relocation of the said |
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| 1 | | toll highways, widening,
extending roads, streets or avenues in |
| 2 | | connection therewith, or for the
construction of any roads or |
| 3 | | streets forming extension to and connections
with or between |
| 4 | | any toll highways, or for the cost or expense of widening,
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| 5 | | grading, surfacing or improving any existing streets or roads |
| 6 | | or the
construction of any streets and roads forming extensions |
| 7 | | of or connections
with any toll highways constructed, |
| 8 | | relocated, operated, maintained or
regulated hereunder by the |
| 9 | | Authority. Where property owned by a
municipality or political |
| 10 | | subdivision is necessary to the construction of
an approved |
| 11 | | toll highway, if the Authority cannot reach an agreement with
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| 12 | | such municipality or political subdivision and if the use to |
| 13 | | which the
property is being put in the hands of the |
| 14 | | municipality or political
subdivision is not essential to the |
| 15 | | existence or the administration of such
municipality or |
| 16 | | political subdivision, the Authority may acquire the
property |
| 17 | | by condemnation.
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| 18 | | (Source: P.A. 94-636, eff. 8-22-05.)
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