Bill Text: IL SB0158 | 2019-2020 | 101st General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Property Tax Code. Provides that, for a municipality with a population over 100,000, all property owned by the municipality, or property interests or rights held by the municipality, regardless of whether such property, interests, or rights are, in whole or in part, within or without its corporate limits, that is used for toll road or toll bridge purposes and that is leased or licensed for those purposes to another entity whose property or property interests or rights are not exempt shall remain exempt, and any leasehold interest in such property, interest, or rights shall not be subject to property taxes. Amends the Toll Highway Act. Provides that the Authority shall have power to enter into an intergovernmental agreement or contract with a unit of local government or other public or private entity for a private bridge operator's collection, enforcement, and administration of tolls, violations, fees, fines, charges, and penalties in connection with a bridge authorized under the Toll Bridge Act. Amends the Toll Bridge Act. Provides that county boards may fix toll rates by establishing a toll rate schedule setting a maximum toll rate. Provides that a private operator may enter into an agreement with the Illinois State Toll Highway Authority to provide electronic toll collection or toll violation enforcement services. Amends the Illinois Vehicle Code. Prescribes processes by which private and public tolling entities shall report violations to the Secretary of State. Provides that the Secretary of State may suspend a person's driver's license for failure to satisfy fines or penalties for toll violations. Prescribes process for the suspension of a driver's license due to tolling violations. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2019-08-16 - Public Act . . . . . . . . . 101-0398 [SB0158 Detail]
Download: Illinois-2019-SB0158-Enrolled.html
Bill Title: Amends the Property Tax Code. Provides that, for a municipality with a population over 100,000, all property owned by the municipality, or property interests or rights held by the municipality, regardless of whether such property, interests, or rights are, in whole or in part, within or without its corporate limits, that is used for toll road or toll bridge purposes and that is leased or licensed for those purposes to another entity whose property or property interests or rights are not exempt shall remain exempt, and any leasehold interest in such property, interest, or rights shall not be subject to property taxes. Amends the Toll Highway Act. Provides that the Authority shall have power to enter into an intergovernmental agreement or contract with a unit of local government or other public or private entity for a private bridge operator's collection, enforcement, and administration of tolls, violations, fees, fines, charges, and penalties in connection with a bridge authorized under the Toll Bridge Act. Amends the Toll Bridge Act. Provides that county boards may fix toll rates by establishing a toll rate schedule setting a maximum toll rate. Provides that a private operator may enter into an agreement with the Illinois State Toll Highway Authority to provide electronic toll collection or toll violation enforcement services. Amends the Illinois Vehicle Code. Prescribes processes by which private and public tolling entities shall report violations to the Secretary of State. Provides that the Secretary of State may suspend a person's driver's license for failure to satisfy fines or penalties for toll violations. Prescribes process for the suspension of a driver's license due to tolling violations. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2019-08-16 - Public Act . . . . . . . . . 101-0398 [SB0158 Detail]
Download: Illinois-2019-SB0158-Enrolled.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning revenue.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Property Tax Code is amended by changing | ||||||
5 | Section 15-60 as follows:
| ||||||
6 | (35 ILCS 200/15-60)
| ||||||
7 | Sec. 15-60. Taxing district property. All property | ||||||
8 | belonging to any county
or municipality used exclusively for | ||||||
9 | the maintenance of the poor is exempt,
as is all property owned | ||||||
10 | by a taxing district that is being held for future
expansion or | ||||||
11 | development, except if leased by the taxing district to lessees
| ||||||
12 | for use for other than public purposes.
| ||||||
13 | Also exempt are:
| ||||||
14 | (a) all swamp or overflowed lands belonging to any | ||||||
15 | county;
| ||||||
16 | (b) all public buildings belonging to any county, | ||||||
17 | township, or
municipality, with the ground on which the | ||||||
18 | buildings are erected;
| ||||||
19 | (c) all property owned by any municipality located | ||||||
20 | within its
incorporated limits. Any such property leased by | ||||||
21 | a municipality shall
remain exempt, and the leasehold | ||||||
22 | interest of the lessee shall be assessed under
Section | ||||||
23 | 9-195 of this Act, (i) for a lease entered into on or after |
| |||||||
| |||||||
1 | January 1,
1994, unless the lease expressly provides that | ||||||
2 | this exemption shall not apply;
(ii) for a lease entered | ||||||
3 | into on or after the effective date of Public Act
87-1280 | ||||||
4 | and before January 1, 1994, unless the lease expressly | ||||||
5 | provides that
this exemption shall not apply or unless | ||||||
6 | evidence other than the lease itself
substantiates the | ||||||
7 | intent of the parties to the lease that this exemption | ||||||
8 | shall
not apply; and (iii) for a lease entered into before | ||||||
9 | the effective date of
Public Act 87-1280, if the terms of | ||||||
10 | the lease do not bind the lessee to pay the
taxes on the | ||||||
11 | leased property or if, notwithstanding the terms of the | ||||||
12 | lease, the
municipality has filed or hereafter files a | ||||||
13 | timely exemption petition or
complaint with respect to | ||||||
14 | property consisting of or including the leased
property for | ||||||
15 | an assessment year which includes part or all of the first | ||||||
16 | 12
months of the lease period. The foregoing clause (iii) | ||||||
17 | added by Public Act
87-1280 shall not operate to exempt | ||||||
18 | property for any assessment year as to
which no timely | ||||||
19 | exemption petition or complaint has been filed by the
| ||||||
20 | municipality or as to which an administrative or court | ||||||
21 | decision denying
exemption has become final and | ||||||
22 | nonappealable. For each assessment year or
portion thereof | ||||||
23 | that property is made exempt by operation of the foregoing
| ||||||
24 | clause (iii), whether such year or portion is before or | ||||||
25 | after the effective
date of Public Act 87-1280, the | ||||||
26 | leasehold interest of the lessee shall, if
necessary, be |
| |||||||
| |||||||
1 | considered omitted property for purposes of this Act;
| ||||||
2 | (c-5) Notwithstanding clause (i) of subsection (c), or | ||||||
3 | any other law to the contrary, for a municipality with a | ||||||
4 | population over 100,000, all property owned by the
a | ||||||
5 | municipality , or property interests or rights held by the | ||||||
6 | municipality, regardless of whether such property, | ||||||
7 | interests, or rights are, in whole or in part, within or | ||||||
8 | without its corporate limits, with a population of over | ||||||
9 | 500,000 that is used for toll road or
toll bridge purposes | ||||||
10 | and that is leased or licensed for those purposes to | ||||||
11 | another entity
whose property or property interests or | ||||||
12 | rights are is not exempt shall remain exempt, and any | ||||||
13 | leasehold interest in such
the property , interest, or | ||||||
14 | rights shall not be subject to taxation under Section 9-195 | ||||||
15 | of this Code Act ;
| ||||||
16 | (d) all property owned by any municipality located | ||||||
17 | outside its
incorporated limits but within the same county | ||||||
18 | when used as a tuberculosis
sanitarium, farm colony in | ||||||
19 | connection with a house of correction, or nursery,
garden, | ||||||
20 | or farm, or for the growing of shrubs, trees, flowers, | ||||||
21 | vegetables, and
plants for use in beautifying, | ||||||
22 | maintaining, and operating playgrounds, parks,
parkways, | ||||||
23 | public grounds, buildings, and institutions owned or | ||||||
24 | controlled
by the municipality;
| ||||||
25 | (e) all property owned by a township and operated as | ||||||
26 | senior citizen
housing under Sections 35-50 through |
| |||||||
| |||||||
1 | 35-50.6 of the Township Code; and | ||||||
2 | (f) all property owned by the Executive Board of the | ||||||
3 | Mutual Aid Box Alarm System (MABAS), a unit of | ||||||
4 | intergovernmental cooperation, that is used for the public | ||||||
5 | purpose of disaster preparedness and response for units of | ||||||
6 | local government and the State of Illinois pursuant to | ||||||
7 | Section 10 of Article VII of the Illinois Constitution and | ||||||
8 | the Intergovernmental Cooperation Act.
| ||||||
9 | All property owned by any municipality outside of its | ||||||
10 | corporate limits is
exempt if used exclusively for municipal or | ||||||
11 | public purposes.
| ||||||
12 | For purposes of this Section, "municipality" means a | ||||||
13 | municipality, as
defined in Section 1-1-2 of the Illinois | ||||||
14 | Municipal Code.
| ||||||
15 | (Source: P.A. 98-206, eff. 1-1-14.)
| ||||||
16 | Section 10. The Toll Highway Act is amended by changing | ||||||
17 | Section 11 as follows:
| ||||||
18 | (605 ILCS 10/11) (from Ch. 121, par. 100-11)
| ||||||
19 | Sec. 11. The Authority shall have power:
| ||||||
20 | (a) To enter upon lands, waters and premises in the State | ||||||
21 | for the
purpose of making surveys, soundings, drillings and | ||||||
22 | examinations as may be
necessary, expedient or convenient for | ||||||
23 | the purposes of this Act, and such
entry shall not be deemed to | ||||||
24 | be a trespass, nor shall an entry for such
purpose be deemed an |
| |||||||
| |||||||
1 | entry under any condemnation proceedings which may be
then | ||||||
2 | pending; provided, however, that the Authority shall make
| ||||||
3 | reimbursement for any actual damage resulting to such lands, | ||||||
4 | waters and
premises as the result of such activities.
| ||||||
5 | (b) To construct, maintain and operate stations for the | ||||||
6 | collection of
tolls or charges upon and along any toll | ||||||
7 | highways.
| ||||||
8 | (c) To provide for the collection of tolls and charges for | ||||||
9 | the privilege
of using the said toll highways.
Before it adopts | ||||||
10 | an increase in the
rates for toll, the Authority shall hold a | ||||||
11 | public
hearing at which any person may appear, express | ||||||
12 | opinions, suggestions, or
objections, or direct inquiries | ||||||
13 | relating to the proposed increase.
Any person may submit a | ||||||
14 | written statement to the Authority at
the hearing, whether | ||||||
15 | appearing in person or not. The hearing shall be held in
the | ||||||
16 | county in which the proposed
increase of the rates is to take | ||||||
17 | place. The
Authority shall give notice of the hearing by | ||||||
18 | advertisement on
3 successive days at least 15 days prior to | ||||||
19 | the date of the hearing in a daily
newspaper of general | ||||||
20 | circulation within the county within which the
hearing is held.
| ||||||
21 | The notice shall state the date, time, and place of the | ||||||
22 | hearing, shall contain
a description of the proposed increase, | ||||||
23 | and shall
specify how interested persons may obtain copies of | ||||||
24 | any reports, resolutions,
or certificates describing the basis | ||||||
25 | on which the proposed change, alteration,
or modification was | ||||||
26 | calculated. After consideration of any statements filed or
oral |
| |||||||
| |||||||
1 | opinions, suggestions, objections, or inquiries made at the | ||||||
2 | hearing, the
Authority may proceed to adopt the proposed | ||||||
3 | increase
of the rates for toll. No change or alteration in or | ||||||
4 | modification
of the rates for toll shall be effective unless at | ||||||
5 | least 30 days
prior to the effective date of such rates notice | ||||||
6 | thereof
shall be given to
the public by publication in a | ||||||
7 | newspaper of general circulation, and such
notice, or notices, | ||||||
8 | thereof shall be posted and publicly displayed at each
and | ||||||
9 | every toll station upon or along said toll highways.
| ||||||
10 | (d) To construct, at the Authority's discretion, grade | ||||||
11 | separations
at intersections with any railroads, waterways, | ||||||
12 | street railways, streets,
thoroughfares, public roads or | ||||||
13 | highways intersected by the said toll
highways, and to change | ||||||
14 | and adjust the lines and grades thereof so as to
accommodate | ||||||
15 | the same to the design of such grade separation and to
| ||||||
16 | construct interchange improvements. The Authority is | ||||||
17 | authorized to provide
such grade separations or interchange | ||||||
18 | improvements at its own cost or to
enter into contracts or | ||||||
19 | agreements with reference to division of cost
therefor with any | ||||||
20 | municipality or political subdivision of the State of
Illinois, | ||||||
21 | or with the Federal Government, or any agency thereof, or with
| ||||||
22 | any corporation, individual, firm, person or association. | ||||||
23 | Where such
structures have been or will be built by the | ||||||
24 | Authority, the local highway agency or municipality with | ||||||
25 | jurisdiction shall enter into an agreement with the Authority | ||||||
26 | for the ongoing maintenance of the structures. .
|
| |||||||
| |||||||
1 | (e) To contract with and grant concessions to or lease or | ||||||
2 | license to any
person, partnership, firm, association or | ||||||
3 | corporation so desiring the use
of any part of any toll | ||||||
4 | highways, excluding the paved portion thereof, but
including | ||||||
5 | the right of way adjoining, under, or over said paved portion | ||||||
6 | for
the placing of telephone, telegraph, electric, power lines | ||||||
7 | and other
utilities, and for the placing of pipe lines, and to | ||||||
8 | enter into operating
agreements with or to contract with and | ||||||
9 | grant concessions to or to lease to
any person, partnership, | ||||||
10 | firm, association or corporation so desiring the
use of any | ||||||
11 | part of the toll highways, excluding the paved portion thereof,
| ||||||
12 | but including the right of way adjoining, or over said paved | ||||||
13 | portion for
motor fuel service stations and facilities, | ||||||
14 | garages, stores and
restaurants, or for any other lawful | ||||||
15 | purpose, and to fix the terms,
conditions, rents, rates and | ||||||
16 | charges for such use.
| ||||||
17 | By January 1, 2016, the Authority shall construct and
| ||||||
18 | maintain at least one electric vehicle charging station at any | ||||||
19 | location where the Authority has entered into an agreement with | ||||||
20 | any entity pursuant to this subsection (e) for the purposes of | ||||||
21 | providing motor fuel service stations and facilities, garages, | ||||||
22 | stores, or
restaurants. The Authority shall charge a fee for | ||||||
23 | the use of these charging stations to offset the costs of | ||||||
24 | constructing and maintaining these charging stations. The | ||||||
25 | Authority shall
adopt rules to implement the erection, user | ||||||
26 | fees, and maintenance of electric vehicle charging stations |
| |||||||
| |||||||
1 | pursuant to this subsection (e). | ||||||
2 | The Authority shall also have power to establish reasonable | ||||||
3 | regulations
for the installation, construction, maintenance, | ||||||
4 | repair, renewal,
relocation and removal of pipes, mains, | ||||||
5 | conduits, cables, wires, towers,
poles and other equipment and | ||||||
6 | appliances (herein called public utilities)
of any public | ||||||
7 | utility as defined in the Public Utilities Act along,
over or | ||||||
8 | under any toll road project. Whenever the Authority shall | ||||||
9 | determine
that it is necessary that any such public utility | ||||||
10 | facilities which now are
located in, on, along, over or under | ||||||
11 | any project or projects be relocated
or removed entirely from | ||||||
12 | any such project or projects, the public utility
owning or | ||||||
13 | operating such facilities shall relocate or remove the same in
| ||||||
14 | accordance with the order of the Authority. All costs and | ||||||
15 | expenses of such
relocation or removal, including the cost of | ||||||
16 | installing such facilities in
a new location or locations, and | ||||||
17 | the cost of any land or lands, or interest
in land, or any | ||||||
18 | other rights required to accomplish such relocation or
removal | ||||||
19 | shall be ascertained and paid by the Authority as a part of the
| ||||||
20 | cost of any such project or projects, and further, there shall | ||||||
21 | be no rent,
fee or other charge of any kind imposed upon the | ||||||
22 | public utility owning or
operating any facilities ordered | ||||||
23 | relocated on the properties of the said
Authority and the said | ||||||
24 | Authority shall grant to the said public utility
owning or | ||||||
25 | operating said facilities and its successors and assigns the
| ||||||
26 | right to operate the same in the new location or locations for |
| |||||||
| |||||||
1 | as long a
period and upon the same terms and conditions as it | ||||||
2 | had the right to
maintain and operate such facilities in their | ||||||
3 | former location or locations.
| ||||||
4 | (f) To enter into an intergovernmental agreement or | ||||||
5 | contract with a unit of local government or other
public or | ||||||
6 | private entity for the collection, enforcement, and | ||||||
7 | administration
of tolls,
fees, revenue, and violations , | ||||||
8 | including for a private bridge operator's collection, | ||||||
9 | enforcement, and administration of tolls, violations, fees, | ||||||
10 | fines, charges, and penalties in connection with a bridge | ||||||
11 | authorized under the Toll Bridge Act .
| ||||||
12 | The General Assembly finds that electronic toll collection | ||||||
13 | systems in Illinois should be standardized to promote safety, | ||||||
14 | efficiency, and traveler convenience. The Authority shall | ||||||
15 | cooperate with other public and private entities to further the | ||||||
16 | goal of standardized toll collection in Illinois and is | ||||||
17 | authorized to provide toll collection and toll violation | ||||||
18 | enforcement services to such entities when doing so is in the | ||||||
19 | best interest of the Authority and consistent with its | ||||||
20 | obligations under Section 23 of this Act.
| ||||||
21 | (Source: P.A. 100-71, eff. 1-1-18 .)
| ||||||
22 | Section 15. The Toll Bridge Act is amended by changing | ||||||
23 | Section 7 as follows:
| ||||||
24 | (605 ILCS 115/7) (from Ch. 137, par. 7)
|
| |||||||
| |||||||
1 | Sec. 7. The county board shall fix the rates of toll, and | ||||||
2 | may from time to
time, alter and change the same, including by | ||||||
3 | establishing a toll rate schedule, setting a maximum toll rate | ||||||
4 | that may be adjusted from time to time, or by establishing | ||||||
5 | another toll rate structure, and in case of the neglect of the | ||||||
6 | owner of
the bridge to keep the same in proper repair and safe | ||||||
7 | for the crossing of
persons and property, may prohibit the | ||||||
8 | taking of toll. Except as regarding toll bridges or as | ||||||
9 | otherwise provided by law, nothing in this amendatory Act of | ||||||
10 | the 101st General Assembly shall be construed to authorize a | ||||||
11 | county, municipality, local government, or private operator to | ||||||
12 | impose a toll upon any public road, street, or highway; nor | ||||||
13 | shall any provision of this amendatory Act of the 101st General | ||||||
14 | Assembly be construed to authorize, pursuant to an | ||||||
15 | intergovernmental agreement or otherwise, the imposition of | ||||||
16 | any toll upon any public road, street, or highway. | ||||||
17 | The General Assembly finds that electronic toll collection | ||||||
18 | systems in Illinois should be standardized to promote safety, | ||||||
19 | efficiency, and traveler convenience. If electronic toll | ||||||
20 | collection is used on such bridge, the county shall cause the | ||||||
21 | configuration of the electronic toll collection system to be | ||||||
22 | compatible with the electronic toll collection system used by | ||||||
23 | the Illinois State Toll Highway Authority. The municipality or | ||||||
24 | private operator may enter into an intergovernmental agreement | ||||||
25 | with the Illinois State Toll Highway Authority to provide for | ||||||
26 | such compatibility or to have the Authority provide electronic |
| |||||||
| |||||||
1 | toll collection or toll violation enforcement services. Any | ||||||
2 | toll bridges in Winnebago County that are in operation and | ||||||
3 | collecting tolls on the effective date of this amendatory Act | ||||||
4 | of the 97th General Assembly are exempt from the provisions of | ||||||
5 | the Act.
| ||||||
6 | (Source: P.A. 97-252, eff. 8-4-11.)
| ||||||
7 | Section 20. The Illinois Vehicle Code is amended by adding | ||||||
8 | Sections 3-704.3 and 6-306.8 as follows:
| ||||||
9 | (625 ILCS 5/3-704.3 new) | ||||||
10 | Sec. 3-704.3. Failure to satisfy fines or penalties for | ||||||
11 | toll bridge violations; suspension of vehicle registration. | ||||||
12 | (a) Notwithstanding any law to the contrary, upon the | ||||||
13 | Secretary's receipt of a report, as described in subsection | ||||||
14 | (b), from a private tolling authority stating that the owner of | ||||||
15 | a registered vehicle has failed to satisfy any fees, fines, | ||||||
16 | charges, or penalties resulting from a final invoice or notice | ||||||
17 | by the private tolling authority relating directly or | ||||||
18 | indirectly to 5 or more toll violations, the Secretary shall | ||||||
19 | suspend the vehicle registration of the person in accordance | ||||||
20 | with the procedures set forth in this Section. | ||||||
21 | (b) The report from the private tolling authority notifying | ||||||
22 | the Secretary of unsatisfied fees, fines, charges, or penalties | ||||||
23 | may be generated by the private tolling authority and received | ||||||
24 | by the Secretary by automated process. The report shall contain |
| |||||||
| |||||||
1 | the following: | ||||||
2 | (1) The name, last known address, and driver's license | ||||||
3 | number of the person who failed to satisfy the fees, fines, | ||||||
4 | charges, or penalties, and the registration number of any | ||||||
5 | vehicle known to be registered in this State to that | ||||||
6 | person. | ||||||
7 | (2) A statement that the private tolling authority sent | ||||||
8 | a notice of impending suspension of the person's vehicle | ||||||
9 | registration to the person named in the report at the | ||||||
10 | address recorded with the Secretary; the date on which the | ||||||
11 | notice was sent; and the address to which the notice was | ||||||
12 | sent. | ||||||
13 | (c) Following the Secretary's receipt of a report described | ||||||
14 | in subsection (b), the Secretary shall notify the person whose | ||||||
15 | name appears on the report that the person's vehicle | ||||||
16 | registration will be suspended at the end of a specified period | ||||||
17 | unless the Secretary is presented with a notice from the | ||||||
18 | private tolling authority stating that the fees, fines, | ||||||
19 | charges, or penalties owed to the private tolling authority | ||||||
20 | have been satisfied or that inclusion of that person's name on | ||||||
21 | the report described in subsection (b) was in error. The | ||||||
22 | Secretary's notice shall state in substance the information | ||||||
23 | contained in the private tolling authority's report to the | ||||||
24 | Secretary described in subsection (b), and shall be effective | ||||||
25 | as specified by subsection (c) of Section 6-211. | ||||||
26 | (d) The private tolling authority, after making a report to |
| |||||||
| |||||||
1 | the Secretary described in subsection (b), shall notify the | ||||||
2 | Secretary, on a form prescribed by the Secretary or by | ||||||
3 | automated process, whenever a person named in the report has | ||||||
4 | satisfied the previously reported fees, fines, charges, or | ||||||
5 | penalties or whenever the private tolling authority determines | ||||||
6 | that the original report was in error. A copy of the | ||||||
7 | notification shall also be given upon request and at no | ||||||
8 | additional charge to the person named therein. Upon receipt of | ||||||
9 | the private tolling authority's notification, the Secretary | ||||||
10 | shall lift the suspension. | ||||||
11 | (e) The private tolling authority shall establish | ||||||
12 | procedures for persons to challenge the accuracy of the report | ||||||
13 | described in subsection (b). The procedures shall provide the | ||||||
14 | grounds for a challenge, which may include: | ||||||
15 | (1) the person not having been the owner or lessee of
| ||||||
16 | the vehicle or vehicles receiving 5 or more toll violations | ||||||
17 | on the date or dates the violations occurred; or | ||||||
18 | (2) the person having already satisfied the fees, | ||||||
19 | fines, charges, or penalties for the 5 or more toll | ||||||
20 | violations indicated on the report described in subsection | ||||||
21 | (b). | ||||||
22 | (f) The Secretary and the Authority may promulgate rules | ||||||
23 | necessary to implement this Section. | ||||||
24 | (g) The Secretary, the Authority, and the private tolling | ||||||
25 | authority shall cooperate with one another in the | ||||||
26 | administration and implementation of this Section. |
| |||||||
| |||||||
1 | (h) The Secretary shall provide the Authority and the | ||||||
2 | private tolling authority with any information the Authority or | ||||||
3 | the private tolling authority may deem necessary for the | ||||||
4 | purposes of this Section or for the private tolling authority's | ||||||
5 | invoicing, collection, and administrative functions, including | ||||||
6 | regular and timely access to driver's license, vehicle | ||||||
7 | registration, and license plate information, and the | ||||||
8 | Secretary's driver, title, and vehicle record databases. | ||||||
9 | Section 2-123 does not apply to the provision of such | ||||||
10 | information, but the Secretary shall be entitled to | ||||||
11 | reimbursement for its costs in providing such information. | ||||||
12 | (i) The Authority shall provide the Secretary and the | ||||||
13 | private tolling authority with any information the Secretary or | ||||||
14 | the private tolling authority may deem necessary for purposes | ||||||
15 | of this Section or for the private tolling authority's | ||||||
16 | invoicing, collection, and administrative functions, including | ||||||
17 | regular and timely access to toll violation records. | ||||||
18 | (j) As used in this Section: | ||||||
19 | "Authority" means the Illinois State Toll Highway | ||||||
20 | Authority. | ||||||
21 | "Private tolling authority" means the owner, lessee, | ||||||
22 | licensee, or operator of a toll bridge authorized under the | ||||||
23 | Toll Bridge Act. | ||||||
24 | "Secretary" means the Illinois Secretary of State.
| ||||||
25 | (625 ILCS 5/6-306.8 new) |
| |||||||
| |||||||
1 | Sec. 6-306.8. Failure to satisfy fines or penalties for | ||||||
2 | toll bridge violations; suspension of driving privileges. | ||||||
3 | (a) Notwithstanding any law to the contrary, upon the | ||||||
4 | Secretary's receipt of a report, as described in subsection | ||||||
5 | (b), from a private tolling authority stating that the owner of | ||||||
6 | a registered vehicle has failed to satisfy any fees, fines, | ||||||
7 | charges, or penalties resulting from a final invoice or notice | ||||||
8 | by the private tolling authority relating directly or | ||||||
9 | indirectly to 5 or more toll violations, the Secretary shall | ||||||
10 | suspend the driving privileges of the person in accordance with | ||||||
11 | the procedures set forth in this Section. | ||||||
12 | (b) The report from the private tolling authority notifying | ||||||
13 | the Secretary of unsatisfied fees, fines, charges, or penalties | ||||||
14 | may be generated by the private tolling authority and received | ||||||
15 | by the Secretary by automated process. The report shall contain | ||||||
16 | the following: | ||||||
17 | (1) The name, last known address, and driver's license | ||||||
18 | number of the person who failed to satisfy the fees, fines, | ||||||
19 | charges, or penalties, and the registration number of any | ||||||
20 | vehicle known to be registered in this State to that | ||||||
21 | person. | ||||||
22 | (2) A statement that the private tolling authority sent | ||||||
23 | a notice of impending suspension of the person's driver's | ||||||
24 | license to the person named in the report at the address | ||||||
25 | recorded with the Secretary; the date on which the notice | ||||||
26 | was sent; and the address to which the notice was sent. |
| |||||||
| |||||||
1 | (c) Following the Secretary's receipt of a report described | ||||||
2 | in subsection (b), the Secretary shall notify the person whose | ||||||
3 | name appears on the report that the person's driver's license | ||||||
4 | will be suspended at the end of a specified period unless the | ||||||
5 | Secretary is presented with a notice from the private tolling | ||||||
6 | authority stating that the fees, fines, charges, or penalties | ||||||
7 | owed to the private tolling authority have been satisfied or | ||||||
8 | that inclusion of that person's name on the report described in | ||||||
9 | subsection (b) was in error. The Secretary's notice shall state | ||||||
10 | in substance the information contained in the private tolling | ||||||
11 | authority's report to the Secretary described in subsection | ||||||
12 | (b), and shall be effective as specified by subsection (c) of | ||||||
13 | Section 6-211, except as to those drivers who also have been | ||||||
14 | issued a CDL. If a person also has been issued a CDL, notice of | ||||||
15 | suspension of that person's driver's license must be given in | ||||||
16 | writing by certified mail and is effective on the date listed | ||||||
17 | in the notice of suspension, except that the notice is not | ||||||
18 | effective until 4 days after the date on which the notice was | ||||||
19 | deposited into the United States mail. The notice becomes | ||||||
20 | effective 4 days after its deposit into the United States mail | ||||||
21 | regardless of whether the Secretary of State receives the | ||||||
22 | return receipt and regardless of whether the written | ||||||
23 | notification is returned for any reason to the Secretary of | ||||||
24 | State as undeliverable. | ||||||
25 | (d) The private tolling authority, after making a report to | ||||||
26 | the Secretary described in subsection (b), shall notify the |
| |||||||
| |||||||
1 | Secretary, on a form prescribed by the Secretary or by | ||||||
2 | automated process, whenever a person named in the report has | ||||||
3 | satisfied the previously reported fees, fines, charges, or | ||||||
4 | penalties or whenever the private tolling authority determines | ||||||
5 | that the original report was in error. A copy of the | ||||||
6 | notification shall also be given upon request and at no | ||||||
7 | additional charge to the person named therein. Upon receipt of | ||||||
8 | the private tolling authority's notification, the Secretary | ||||||
9 | shall lift the suspension. | ||||||
10 | (e) The private tolling authority shall establish | ||||||
11 | procedures for persons to challenge the accuracy of the report | ||||||
12 | described in subsection (b). The procedures shall provide the | ||||||
13 | grounds for a challenge, which may include: | ||||||
14 | (1) the person not having been the owner or lessee of | ||||||
15 | the vehicle or vehicles receiving 5 or more toll violations | ||||||
16 | on the date or dates the violations occurred; or | ||||||
17 | (2) the person having already satisfied the fees, | ||||||
18 | fines, charges, or penalties for the 5 or more toll | ||||||
19 | violations indicated on the report described in subsection | ||||||
20 | (b). | ||||||
21 | (f) The Secretary and the Authority may promulgate rules | ||||||
22 | necessary to implement this Section. | ||||||
23 | (g) The Secretary, the Authority, and the private tolling | ||||||
24 | authority shall cooperate with one another in the | ||||||
25 | administration and implementation of this Section. | ||||||
26 | (h) The Secretary shall provide the Authority and the |
| |||||||
| |||||||
1 | private tolling authority with any information the Authority or | ||||||
2 | the private tolling authority may deem necessary for purposes | ||||||
3 | of this Section or for the private tolling authority's | ||||||
4 | invoicing, collection, and administrative functions, including | ||||||
5 | regular and timely access to driver's license, vehicle | ||||||
6 | registration, and license plate information, and the | ||||||
7 | Secretary's driver, title, and vehicle record databases. | ||||||
8 | Section 2-123 does not apply to the provision of such | ||||||
9 | information, but the Secretary shall be entitled to | ||||||
10 | reimbursement for its costs in providing such information. | ||||||
11 | (i) The Authority shall provide the Secretary and the | ||||||
12 | private tolling authority with any information the Secretary or | ||||||
13 | the private tolling authority may deem necessary for purposes | ||||||
14 | of this Section or for the private tolling authority's | ||||||
15 | invoicing, collection, and administrative functions, including | ||||||
16 | regular and timely access to toll violation records. | ||||||
17 | (j) As used in this Section: | ||||||
18 | "Authority" means the Illinois State Toll Highway | ||||||
19 | Authority. | ||||||
20 | "Private tolling authority" means the owner, lessee, | ||||||
21 | licensee, or operator of a toll bridge authorized under the | ||||||
22 | Toll Bridge Act. | ||||||
23 | "Secretary" means the Illinois Secretary of State.
|