Bill Text: IL HB5127 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Toll Highway Act. Provides that the written notice for an alleged instance of a vehicle's operation on a toll highway without the required toll having been paid must be provided by the Illinois State Toll Highway Authority within 7 days of the alleged violation. Provides that a fine for an alleged instance of a vehicle's operation on a toll highway without the required toll having been paid shall not be imposed until 14 days after the alleged violation and shall not exceed $10 per violation. Provides that if the imposed fine is not paid within 30 days of receipt of the written notice, an additional $25 shall be imposed per violation. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5127 Detail]
Download: Illinois-2019-HB5127-Introduced.html
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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,
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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 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.
Any by-laws adopted under this | ||||||||||||||||||||||||
15 | Section shall include a requirement that directors disclose and | ||||||||||||||||||||||||
16 | avoid potential conflicts of interest. The by-laws shall be | ||||||||||||||||||||||||
17 | posted on the Authority's website.
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18 | (a-5) To fix, assess, and collect civil fines for a | ||||||||||||||||||||||||
19 | vehicle's operation on
a toll highway without the required toll | ||||||||||||||||||||||||
20 | having been paid.
The Authority may
establish by rule a system | ||||||||||||||||||||||||
21 | of civil administrative adjudication to adjudicate
only | ||||||||||||||||||||||||
22 | alleged
instances of a vehicle's operation on a toll highway | ||||||||||||||||||||||||
23 | without the required toll
having been paid, as detected by the |
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1 | Authority's video or photo
surveillance system.
In cases in | ||||||
2 | which the operator of the vehicle is not the registered
vehicle | ||||||
3 | owner, the establishment of
ownership of the vehicle creates a | ||||||
4 | rebuttable presumption that the vehicle was
being operated by | ||||||
5 | an agent
of the registered vehicle owner. If the registered | ||||||
6 | vehicle owner liable for a
violation under this Section was
not | ||||||
7 | the operator of the vehicle at the time of the violation, the | ||||||
8 | owner may
maintain an action for
indemnification against the | ||||||
9 | operator in the circuit court.
Rules establishing a system of | ||||||
10 | civil administrative
adjudication must
provide for written | ||||||
11 | notice within 7 days of the alleged violation ,
by first class | ||||||
12 | mail or other means provided by law, to the address of the
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13 | registered owner of the cited
vehicle as recorded with the | ||||||
14 | Secretary of State or to the lessee of the cited
vehicle at the | ||||||
15 | last address known
to the lessor of the cited vehicle at the | ||||||
16 | time of the lease,
of the
alleged violation and an opportunity | ||||||
17 | to be heard on the question of the
violation and must provide | ||||||
18 | for the establishment of a toll-free telephone
number to | ||||||
19 | receive inquiries concerning alleged violations.
The notice | ||||||
20 | shall also inform the registered vehicle owner that failure to
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21 | contest in the manner and time
provided shall be deemed an | ||||||
22 | admission of liability and that a final order of
liability may | ||||||
23 | be entered on that admission. A duly
authorized agent of the | ||||||
24 | Authority may perform
or execute the preparation, | ||||||
25 | certification, affirmation, or
mailing of the notice. A notice | ||||||
26 | of violation, sworn or affirmed to or certified
by a duly |
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1 | authorized agent of
the Authority, or a facsimile of the | ||||||
2 | notice, based upon an inspection of
photographs, | ||||||
3 | microphotographs,
videotape, or other recorded images produced
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4 | by a video or photo surveillance system, shall be admitted as
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5 | prima facie evidence of the correctness of the facts contained | ||||||
6 | in the notice or
facsimile.
Only civil fines,
along with the | ||||||
7 | corresponding outstanding toll, and costs
may be imposed by
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8 | administrative adjudication. A fine may be imposed under this | ||||||
9 | paragraph only
if a violation is established by a preponderance | ||||||
10 | of the evidence. The fine shall not be imposed until 14 days | ||||||
11 | after the alleged violation occurs and shall not exceed $10 per | ||||||
12 | violation. However, if the imposed fine is not satisfied within | ||||||
13 | 30 days of receipt of the written notice of the alleged | ||||||
14 | violation, an additional $25 shall be imposed per violation. | ||||||
15 | Judicial
review of all final orders of the Authority under this | ||||||
16 | paragraph shall be
conducted in the circuit court of the county | ||||||
17 | in which the administrative decision was rendered in accordance | ||||||
18 | with the Administrative Review Law.
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19 | The Authority may maintain a listing or searchable database | ||||||
20 | on its website of persons or entities that have been issued one | ||||||
21 | or more final orders of liability with a total amount due of | ||||||
22 | more than $1,000 for tolls, fines, unpaid late fees, or | ||||||
23 | administrative costs that remain unpaid after the exhaustion | ||||||
24 | of, or the failure to exhaust, the judicial review procedures | ||||||
25 | under the Administrative Review Law. Each entry may include the | ||||||
26 | person's or entity's name as listed on the final order of |
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1 | liability. | ||||||
2 | Any outstanding toll, fine, additional late payment fine, | ||||||
3 | other
sanction,
or costs imposed, or part of any fine, other | ||||||
4 | sanction, or costs imposed, remaining unpaid after the | ||||||
5 | exhaustion of, or the failure to
exhaust, judicial review | ||||||
6 | procedures under the Administrative Review
Law are a debt due | ||||||
7 | and owing
the Authority and may be collected in accordance
with | ||||||
8 | applicable law. After expiration of the period in
which | ||||||
9 | judicial review under the Administrative Review Law may be
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10 | sought,
unless stayed by a court of competent jurisdiction, a | ||||||
11 | final order of
the Authority under this subsection (a-5)
may be | ||||||
12 | enforced in
the same manner as a judgment entered by a court of | ||||||
13 | competent jurisdiction.
Notwithstanding any other provision of | ||||||
14 | this Act, the Authority may, with the approval of the Attorney | ||||||
15 | General, retain a law firm or law firms with expertise in the | ||||||
16 | collection of government fines and debts for the purpose of | ||||||
17 | collecting fines, costs, and other moneys due under this | ||||||
18 | subsection (a-5).
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19 | A system of civil administrative adjudication may also | ||||||
20 | provide for a
program of vehicle
immobilization, tow, or | ||||||
21 | impoundment for the purpose of facilitating
enforcement of any | ||||||
22 | final order or orders of
the Authority under this subsection | ||||||
23 | (a-5) that result in a finding or liability for 5 or more | ||||||
24 | violations after
expiration of the period in which judicial | ||||||
25 | review under the Administrative Review Law may be sought. The | ||||||
26 | registered vehicle owner of a
vehicle immobilized, towed,
or |
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1 | impounded for nonpayment of a final order
of the Authority | ||||||
2 | under this subsection (a-5) shall have the right
to request a | ||||||
3 | hearing before the Authority's civil administrative | ||||||
4 | adjudicatory
system to challenge the validity
of the | ||||||
5 | immobilization, tow, or impoundment.
This hearing, however, | ||||||
6 | shall not constitute a
readjudication of the merits of | ||||||
7 | previously adjudicated notices.
Judicial review of all final | ||||||
8 | orders of the
Authority under this subsection (a-5) shall be | ||||||
9 | conducted
in the circuit court of the county in which the | ||||||
10 | administrative decision was rendered in accordance with the | ||||||
11 | Administrative Review Law. | ||||||
12 | No commercial entity that is the lessor of a vehicle under | ||||||
13 | a written lease agreement shall be liable for an administrative | ||||||
14 | notice of violation for toll evasion issued under this | ||||||
15 | subsection (a-5) involving that vehicle during the period of | ||||||
16 | the lease if the lessor provides a copy of the leasing | ||||||
17 | agreement to the Authority within 30 days of the issue date on | ||||||
18 | the notice of violation. The leasing agreement also must | ||||||
19 | contain a provision or addendum informing the lessee that the | ||||||
20 | lessee is liable for payment of all tolls and any fines for | ||||||
21 | toll evasion. Each entity must also post a sign at the leasing | ||||||
22 | counter notifying the lessee of that liability. The copy of the | ||||||
23 | leasing agreement provided to the Authority must contain the | ||||||
24 | name, address, and driver's license number of the lessee, as | ||||||
25 | well as the check-out and return dates and times of the vehicle | ||||||
26 | and the vehicle license plate number and vehicle make and |
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1 | model. | ||||||
2 | As used in this subsection (a-5), "lessor" includes | ||||||
3 | commercial leasing and rental entities but does not include | ||||||
4 | public passenger vehicle entities.
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5 | The Authority shall establish an amnesty program for
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6 | violations adjudicated under this subsection (a-5). Under the
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7 | program, any person who has an outstanding notice of violation
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8 | for toll evasion or a final order of a hearing officer for toll
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9 | evasion dated prior to the effective date of this amendatory
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10 | Act of the 94th General Assembly
and who pays to the
Authority | ||||||
11 | the full percentage amounts listed in this paragraph
remaining | ||||||
12 | due on the notice of violation or final order of the
hearing | ||||||
13 | officer and the full fees and costs paid by the Authority to | ||||||
14 | the Secretary of State relating to suspension proceedings, if | ||||||
15 | applicable, on or before 5:00 p.m., Central Standard Time,
of | ||||||
16 | the 60th day after the effective date of this amendatory Act
of | ||||||
17 | the 94th General Assembly shall not be required to pay more
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18 | than the listed percentage of the original fine amount and
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19 | outstanding toll as listed on the notice of violation or final
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20 | order of the hearing officer and the full fees and costs paid | ||||||
21 | by the Authority to the Secretary of State relating to | ||||||
22 | suspension proceedings, if applicable. The payment percentage | ||||||
23 | scale
shall be as follows: a person with 25 or fewer violations | ||||||
24 | shall
be eligible for amnesty upon payment of 50% of the | ||||||
25 | original
fine amount and the outstanding tolls; a person with | ||||||
26 | more than
25 but fewer than 51 violations shall be eligible for |
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1 | amnesty
upon payment of 60% of the original fine amount and the
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2 | outstanding tolls; and a person with 51 or more violations
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3 | shall be eligible for amnesty upon payment of 75% of the
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4 | original fine amount and the outstanding tolls. In such a
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5 | situation, the Executive Director of the Authority or his or
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6 | her designee is authorized and directed to waive any late fine
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7 | amount above the applicable percentage of the original fine
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8 | amount. Partial payment of the amount due shall not be a basis
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9 | to extend the amnesty payment deadline nor shall it act to
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10 | relieve the person of liability for payment of the late fine
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11 | amount. In order to receive amnesty, the full amount of the
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12 | applicable percentage of the original fine amount and
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13 | outstanding toll remaining due on the notice of violation or
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14 | final order of the hearing officer and the full fees and costs | ||||||
15 | paid by the Authority to the Secretary of State relating to | ||||||
16 | suspension proceedings, if applicable, must be paid in full by | ||||||
17 | 5:00
p.m., Central Standard Time, of the 60th day after the
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18 | effective date of this amendatory Act of the 94th General
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19 | Assembly. This amendatory Act of the 94th General Assembly has
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20 | no retroactive effect with regard to payments already tendered
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21 | to the Authority that were full payments or payments in an
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22 | amount greater than the applicable percentage, and this Act
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23 | shall not be the basis for either a refund or a credit. This
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24 | amendatory Act of the 94th General Assembly does not apply to
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25 | toll evasion citations issued by the Illinois State Police or
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26 | other authorized law enforcement agencies and for which payment
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1 | may be due to or through the clerk of the circuit court. The
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2 | Authority shall adopt rules as necessary to implement the
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3 | provisions of this amendatory Act of the 94th General Assembly.
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4 | The Authority, by a resolution of the Board of Directors, shall
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5 | have the discretion to implement similar amnesty programs in
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6 | the future.
The Authority, at its discretion and in | ||||||
7 | consultation with the Attorney
General, is further authorized | ||||||
8 | to settle an administrative fine or
penalty if it determines | ||||||
9 | that settling for less than the full amount
is in the best | ||||||
10 | interests of the Authority after taking into account
the | ||||||
11 | following factors:
(1) the merits of the Authority's claim | ||||||
12 | against the respondent;
(2) the amount that can be collected | ||||||
13 | relative to the
administrative fine or penalty owed by the | ||||||
14 | respondent;
(3) the cost of pursuing further enforcement or | ||||||
15 | collection
action against the respondent;
(4) the likelihood of | ||||||
16 | collecting the full amount owed; and
(5) the burden on the | ||||||
17 | judiciary.
The provisions in this Section may be extended to | ||||||
18 | other
toll facilities in the State of Illinois through a duly
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19 | executed agreement between the Authority and
the operator of | ||||||
20 | the toll facility.
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21 | (b) To prescribe rules and regulations applicable to | ||||||
22 | traffic on highways
under the jurisdiction of the Authority, | ||||||
23 | concerning:
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24 | (1) Types of vehicles permitted to use such highways or | ||||||
25 | parts thereof,
and classification of such vehicles;
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26 | (2) Designation of the lanes of traffic to be used by |
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1 | the different
types of vehicles permitted upon said | ||||||
2 | highways;
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3 | (3) Stopping, standing, and parking of vehicles;
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4 | (4) Control of traffic by means of police officers or | ||||||
5 | traffic control
signals;
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6 | (5) Control or prohibition of processions, convoys, | ||||||
7 | and assemblages of
vehicles and persons;
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8 | (6) Movement of traffic in one direction only on | ||||||
9 | designated portions of
said highways;
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10 | (7) Control of the access, entrance, and exit of | ||||||
11 | vehicles and persons to
and from said highways; and
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12 | (8) Preparation, location and installation of all | ||||||
13 | traffic signs;
and to prescribe further rules and | ||||||
14 | regulations applicable to such traffic,
concerning matters | ||||||
15 | not provided for either in the foregoing enumeration or
in | ||||||
16 | the Illinois Vehicle Code. Notice of such rules and | ||||||
17 | regulations
shall be posted conspicuously and displayed at | ||||||
18 | appropriate points and at
reasonable intervals along said | ||||||
19 | highways, by clearly legible markers or
signs, to provide | ||||||
20 | notice of the existence of such rules and regulations to
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21 | persons traveling on said highways. At each toll station, | ||||||
22 | the Authority
shall make available, free of charge, | ||||||
23 | pamphlets containing all of such
rules and regulations.
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24 | (c) The Authority, in fixing the rate for tolls for the | ||||||
25 | privilege of
using the said toll highways, is authorized and | ||||||
26 | directed, in fixing such
rates, to base the same upon annual |
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1 | estimates to be made, recorded and
filed with the Authority. | ||||||
2 | Said estimates shall include the following: The
estimated total | ||||||
3 | amount of the use of the toll highways; the estimated
amount of | ||||||
4 | the revenue to be derived therefrom, which said revenue, when
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5 | added to all other receipts and income, will be sufficient to | ||||||
6 | pay the
expense of maintaining and operating said toll | ||||||
7 | highways, including the
administrative expenses of the | ||||||
8 | Authority, and to discharge all obligations
of the Authority as | ||||||
9 | they become due and payable.
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10 | (d) To accept from any municipality or political | ||||||
11 | subdivision any lands,
easements or rights in land needed for | ||||||
12 | the operation, construction,
relocation or maintenance of any | ||||||
13 | toll highways, with or without payment
therefor, and in its | ||||||
14 | discretion to reimburse any such municipality or
political | ||||||
15 | subdivision out of its funds for any cost or expense incurred | ||||||
16 | in
the acquisition of land, easements or rights in land, in | ||||||
17 | connection with
the construction and relocation of the said | ||||||
18 | toll highways, widening,
extending roads, streets or avenues in | ||||||
19 | connection therewith, or for the
construction of any roads or | ||||||
20 | streets forming extension to and connections
with or between | ||||||
21 | any toll highways, or for the cost or expense of widening,
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22 | grading, surfacing or improving any existing streets or roads | ||||||
23 | or the
construction of any streets and roads forming extensions | ||||||
24 | of or connections
with any toll highways constructed, | ||||||
25 | relocated, operated, maintained or
regulated hereunder by the | ||||||
26 | Authority. Where property owned by a
municipality or political |
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1 | subdivision is necessary to the construction of
an approved | ||||||
2 | toll highway, if the Authority cannot reach an agreement with
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3 | such municipality or political subdivision and if the use to | ||||||
4 | which the
property is being put in the hands of the | ||||||
5 | municipality or political
subdivision is not essential to the | ||||||
6 | existence or the administration of such
municipality or | ||||||
7 | political subdivision, the Authority may acquire the
property | ||||||
8 | by condemnation.
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9 | (Source: P.A. 99-214, eff. 1-1-16; 100-1180, eff. 2-28-19.)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
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