Bill Text: IL SB1298 | 2017-2018 | 100th General Assembly | Enrolled
Bill Title: Amends the Illinois Vehicle Code. Amends the definition of "authorized emergency vehicle" to include vehicles of the Illinois State Toll Highway Authority with a gross vehicle weight rating of 9,000 pounds or more and those identified as Highway Emergency Lane Patrol (rather than vehicles of the Illinois State Toll Highway Authority identified as Highway Emergency Lane Patrol). Allows vehicles of the Illinois State Toll Highway Authority with a gross vehicle weight of 9,000 pounds or more to use red or white oscillating, rotating, or flashing lights. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Enrolled - Dead) 2019-02-07 - Sent to the Governor [SB1298 Detail]
Download: Illinois-2017-SB1298-Enrolled.html
| |||||||
| |||||||
| |||||||
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 | Sections 3, 4, 5, and 10 as follows:
| ||||||
6 | (605 ILCS 10/3) (from Ch. 121, par. 100-3)
| ||||||
7 | Sec. 3.
There is hereby created an Authority to be known as | ||||||
8 | The
Illinois State Toll Highway Authority, which is hereby | ||||||
9 | constituted an
instrumentality and an administrative agency of | ||||||
10 | the State of Illinois.
The said Authority shall consist of 11 | ||||||
11 | directors; the Governor and the
Secretary of the Department of | ||||||
12 | Transportation, ex officio, and 9
directors appointed by the | ||||||
13 | Governor with the advice and consent of the
Senate, from the | ||||||
14 | State at large, which said directors and their
successors are | ||||||
15 | hereby authorized to carry out the provisions of this
Act, and | ||||||
16 | to exercise the powers herein conferred. Of the 9 directors
| ||||||
17 | appointed by the Governor, no more than 5 shall be members of | ||||||
18 | the same
political party. | ||||||
19 | Notwithstanding any provision of law to the contrary, the | ||||||
20 | term of office of each director of the Authority serving on the | ||||||
21 | effective date of this amendatory Act of the 100th General | ||||||
22 | Assembly, other than the Governor and the Secretary of the | ||||||
23 | Department of Transportation, is abolished and a vacancy in |
| |||||||
| |||||||
1 | each office is created on the effective date of this amendatory | ||||||
2 | Act of the 100th General Assembly. The Governor shall appoint | ||||||
3 | directors to the Authority for the vacancies created under this | ||||||
4 | amendatory Act of the 100th General Assembly by February 28, | ||||||
5 | 2019. Directors whose terms are abolished under this amendatory | ||||||
6 | Act of the 100th General Assembly shall be eligible for | ||||||
7 | reappointment. | ||||||
8 | Vacancies shall be filled for the unexpired term
in the | ||||||
9 | same manner as original appointments. All appointments shall be
| ||||||
10 | in writing and filed with the Secretary of State as a public | ||||||
11 | record. It
is the intention of this section that the Governor's | ||||||
12 | appointments shall
be made with due consideration to the | ||||||
13 | location of proposed toll highway
routes so that maximum | ||||||
14 | geographic representation from the areas served
by said toll | ||||||
15 | highway routes may be accomplished insofar as practicable.
The | ||||||
16 | said Authority shall have the power to contract and be | ||||||
17 | contracted
with, to acquire, hold and convey personal and real | ||||||
18 | property or any
interest therein including rights of way, | ||||||
19 | franchises and easements; to
have and use a common seal, and to | ||||||
20 | alter the same at will; to make and
establish resolutions, | ||||||
21 | by-laws, rules, rates and regulations, and to
alter or repeal | ||||||
22 | the same as the Authority shall deem necessary and
expedient | ||||||
23 | for the construction, operation, relocation, regulation and
| ||||||
24 | maintenance of a system of toll highways within and through the | ||||||
25 | State of
Illinois.
| ||||||
26 | Appointment of the additional directors provided for by |
| |||||||
| |||||||
1 | this amendatory
Act of 1980 shall be made within 30 days after | ||||||
2 | the effective date of this
amendatory Act of 1980.
| ||||||
3 | (Source: P.A. 86-1164.)
| ||||||
4 | (605 ILCS 10/4) (from Ch. 121, par. 100-4)
| ||||||
5 | Sec. 4.
Of the directors appointed by the Governor, one | ||||||
6 | such director
shall be appointed by the Governor as chairman | ||||||
7 | and shall hold office for
4 years from the date of his | ||||||
8 | appointment, and until his successor shall
be duly appointed | ||||||
9 | and qualified, but shall be subject to removal by the
Governor | ||||||
10 | for incompetency, neglect of duty or malfeasance. The term of | ||||||
11 | the initial chairman appointed under this amendatory Act of the | ||||||
12 | 100th General Assembly shall end March 1, 2021 and the chairman | ||||||
13 | shall serve until his or her successor is duly appointed and | ||||||
14 | qualified.
| ||||||
15 | The chairman shall preside at all meetings of the Board of | ||||||
16 | Directors
of the Authority; shall exercise general supervision | ||||||
17 | over all powers,
duties, obligations and functions of the | ||||||
18 | Authority; and shall approve or
disapprove all resolutions, | ||||||
19 | by-laws, rules, rates and regulations made
and established by | ||||||
20 | the Board of Directors, and if he shall approve
thereof, he | ||||||
21 | shall sign the same, and such as he shall not approve he
shall | ||||||
22 | return to the Board of Directors with his objections thereto in
| ||||||
23 | writing at the next regular meeting of the Board of Directors | ||||||
24 | occurring
after the passage thereof. Such veto may extend to | ||||||
25 | any one or more items
contained in such resolution, by-law, |
| |||||||
| |||||||
1 | rule, rate or regulation, or to
its entirety; and in case the | ||||||
2 | veto extends to a part of such resolution,
by-law, rule, rate | ||||||
3 | or regulation, the residue thereof shall take effect
and be in | ||||||
4 | force, but in case the chairman shall fail to return any
| ||||||
5 | resolution, by-law, rule, rate or regulation with his | ||||||
6 | objections thereto
by the time aforesaid, he shall be deemed to | ||||||
7 | have approved the same, and
the same shall take effect | ||||||
8 | accordingly. Upon the return of any
resolution, by-law, rule, | ||||||
9 | rate or regulation by the chairman, the vote
by which the same | ||||||
10 | was passed shall be reconsidered by the Board of
Directors, and | ||||||
11 | if upon such reconsideration two-thirds of all the
Directors | ||||||
12 | agree by yeas and nays to pass the same, it shall go into
| ||||||
13 | effect notwithstanding the chairman's refusal to approve | ||||||
14 | thereof. The process of approving or disapproving all | ||||||
15 | resolutions, by-laws, rules, rates and regulations, as well as | ||||||
16 | the ability of the Board of Directors to override the | ||||||
17 | disapproval of the chairman, under this Section shall be set | ||||||
18 | forth in the Authority's by-laws. Nothing in the Authority's | ||||||
19 | by-laws, rules, or regulations may be contrary to this Section.
| ||||||
20 | The chairman shall receive a salary of $18,000 per annum, | ||||||
21 | or as set by
the Compensation Review Board, whichever is | ||||||
22 | greater, payable in
monthly installments, together with | ||||||
23 | reimbursement for necessary expenses
incurred in the | ||||||
24 | performance of his duties. The chairman shall be
eligible for | ||||||
25 | reappointment.
| ||||||
26 | (Source: P.A. 83-1177.)
|
| |||||||
| |||||||
1 | (605 ILCS 10/5) (from Ch. 121, par. 100-5)
| ||||||
2 | Sec. 5.
Of the original directors, other than the chairman, | ||||||
3 | so appointed
by the Governor, 3 shall hold office for 2 years | ||||||
4 | and 3 shall hold office
for 4 years, from the date of their | ||||||
5 | appointment and until their
respective successors shall be duly | ||||||
6 | appointed and qualified, but shall
be subject to removal by the | ||||||
7 | Governor for incompetency, neglect of duty
or malfeasance. In | ||||||
8 | case of vacancies in such offices during the recess
of the | ||||||
9 | Senate, the Governor shall make a temporary appointment until | ||||||
10 | the
next meeting of the Senate when he shall nominate some | ||||||
11 | person to fill such
office and any person so nominated, who is | ||||||
12 | confirmed by the Senate, shall
hold office during the remainder | ||||||
13 | of the term and until his successor shall
be appointed and | ||||||
14 | qualified. The respective term of the first directors
appointed | ||||||
15 | shall be designated by the Governor at the time of appointment,
| ||||||
16 | but their successors shall each be appointed for a term of four | ||||||
17 | years,
except that any person appointed to fill a vacancy shall | ||||||
18 | serve only for the
unexpired term. Directors shall be eligible | ||||||
19 | for reappointment.
| ||||||
20 | In making the initial appointments of the 2 additional | ||||||
21 | directors provided
for by this amendatory Act of 1980, the | ||||||
22 | respective terms of the 2 additional
directors first appointed | ||||||
23 | shall be designated by the Governor at the time
of appointment | ||||||
24 | in such manner that the term of one such additional director
| ||||||
25 | shall expire at the same time as the terms of 4 of the other |
| |||||||
| |||||||
1 | directors and
the term of the other additional director shall | ||||||
2 | expire at the same time
as the terms of 3 of the other | ||||||
3 | directors; thereafter the terms shall be
4 years. | ||||||
4 | Of the initial directors, other than the chairman, | ||||||
5 | appointed under the provisions of this amendatory Act of the | ||||||
6 | 100th General Assembly, 4 shall serve terms running through | ||||||
7 | March 1, 2021. The 4 remaining directors shall serve terms | ||||||
8 | running through March 1, 2023. Thereafter the terms of all | ||||||
9 | directors shall be
4 years. Directors shall serve until their | ||||||
10 | respective successors are duly appointed and qualified. | ||||||
11 | Directors shall be eligible for reappointment.
| ||||||
12 | Each such director, other than ex officio members shall | ||||||
13 | receive an
annual salary of $15,000, or as set by the | ||||||
14 | Compensation Review Board,
whichever is greater, payable in | ||||||
15 | monthly installments, and shall be
reimbursed for necessary | ||||||
16 | expenses incurred in the performance of his
duties.
| ||||||
17 | (Source: P.A. 86-1164.)
| ||||||
18 | (605 ILCS 10/10) (from Ch. 121, par. 100-10)
| ||||||
19 | Sec. 10. The Authority shall have power:
| ||||||
20 | (a) To pass resolutions, make by-laws, rules and | ||||||
21 | regulations for the
management, regulation and control of its | ||||||
22 | affairs, and to fix tolls, and to
make, enact and enforce all | ||||||
23 | needful rules and regulations in connection
with the | ||||||
24 | construction, operation, management, care, regulation or
| ||||||
25 | protection of its property or any toll highways, constructed or
|
| |||||||
| |||||||
1 | reconstructed hereunder.
Any by-laws adopted under this | ||||||
2 | Section shall include a requirement that directors disclose and | ||||||
3 | avoid potential conflicts of interest. The by-laws shall be | ||||||
4 | posted on the Authority's website.
| ||||||
5 | (a-5) To fix, assess, and collect civil fines for a | ||||||
6 | vehicle's operation on
a toll highway without the required toll | ||||||
7 | having been paid.
The Authority may
establish by rule a system | ||||||
8 | of civil administrative adjudication to adjudicate
only | ||||||
9 | alleged
instances of a vehicle's operation on a toll highway | ||||||
10 | without the required toll
having been paid, as detected by the | ||||||
11 | Authority's video or photo
surveillance system.
In cases in | ||||||
12 | which the operator of the vehicle is not the registered
vehicle | ||||||
13 | owner, the establishment of
ownership of the vehicle creates a | ||||||
14 | rebuttable presumption that the vehicle was
being operated by | ||||||
15 | an agent
of the registered vehicle owner. If the registered | ||||||
16 | vehicle owner liable for a
violation under this Section was
not | ||||||
17 | the operator of the vehicle at the time of the violation, the | ||||||
18 | owner may
maintain an action for
indemnification against the | ||||||
19 | operator in the circuit court.
Rules establishing a system of | ||||||
20 | civil administrative
adjudication must
provide for written | ||||||
21 | notice,
by first class mail or other means provided by law, to | ||||||
22 | the address of the
registered owner of the cited
vehicle as | ||||||
23 | recorded with the Secretary of State or to the lessee of the | ||||||
24 | cited
vehicle at the last address known
to the lessor of the | ||||||
25 | cited vehicle at the time of the lease,
of the
alleged | ||||||
26 | violation and an opportunity to be heard on the question of the
|
| |||||||
| |||||||
1 | violation and must provide for the establishment of a toll-free | ||||||
2 | telephone
number to receive inquiries concerning alleged | ||||||
3 | violations.
The notice shall also inform the registered vehicle | ||||||
4 | owner that failure to
contest in the manner and time
provided | ||||||
5 | shall be deemed an admission of liability and that a final | ||||||
6 | order of
liability may be entered on that admission. A duly
| ||||||
7 | authorized agent of the Authority may perform
or execute the | ||||||
8 | preparation, certification, affirmation, or
mailing of the | ||||||
9 | notice. A notice of violation, sworn or affirmed to or | ||||||
10 | certified
by a duly authorized agent of
the Authority, or a | ||||||
11 | facsimile of the notice, based upon an inspection of
| ||||||
12 | photographs, microphotographs,
videotape, or other recorded | ||||||
13 | images produced
by a video or photo surveillance system, shall | ||||||
14 | be admitted as
prima facie evidence of the correctness of the | ||||||
15 | facts contained in the notice or
facsimile.
Only civil fines,
| ||||||
16 | along with the corresponding outstanding toll, and costs
may be | ||||||
17 | imposed by
administrative adjudication. A fine may be imposed | ||||||
18 | under this paragraph only
if a violation is established by a | ||||||
19 | preponderance of the evidence. Judicial
review of all final | ||||||
20 | orders of the Authority under this paragraph shall be
conducted | ||||||
21 | in the circuit court of the county in which the administrative | ||||||
22 | decision was rendered in accordance with the Administrative | ||||||
23 | Review Law.
| ||||||
24 | The Authority may maintain a listing or searchable database | ||||||
25 | on its website of persons or entities that have been issued one | ||||||
26 | or more final orders of liability with a total amount due of |
| |||||||
| |||||||
1 | more than $1,000 for tolls, fines, unpaid late fees, or | ||||||
2 | administrative costs that remain unpaid after the exhaustion | ||||||
3 | of, or the failure to exhaust, the judicial review procedures | ||||||
4 | under the Administrative Review Law. Each entry may include the | ||||||
5 | person's or entity's name as listed on the final order of | ||||||
6 | liability. | ||||||
7 | Any outstanding toll, fine, additional late payment fine, | ||||||
8 | other
sanction,
or costs imposed, or part of any fine, other | ||||||
9 | sanction, or costs imposed, remaining unpaid after the | ||||||
10 | exhaustion of, or the failure to
exhaust, judicial review | ||||||
11 | procedures under the Administrative Review
Law are a debt due | ||||||
12 | and owing
the Authority and may be collected in accordance
with | ||||||
13 | applicable law. After expiration of the period in
which | ||||||
14 | judicial review under the Administrative Review Law may be
| ||||||
15 | sought,
unless stayed by a court of competent jurisdiction, a | ||||||
16 | final order of
the Authority under this subsection (a-5)
may be | ||||||
17 | enforced in
the same manner as a judgment entered by a court of | ||||||
18 | competent jurisdiction.
Notwithstanding any other provision of | ||||||
19 | this Act, the Authority may, with the approval of the Attorney | ||||||
20 | General, retain a law firm or law firms with expertise in the | ||||||
21 | collection of government fines and debts for the purpose of | ||||||
22 | collecting fines, costs, and other moneys due under this | ||||||
23 | subsection (a-5).
| ||||||
24 | A system of civil administrative adjudication may also | ||||||
25 | provide for a
program of vehicle
immobilization, tow, or | ||||||
26 | impoundment for the purpose of facilitating
enforcement of any |
| |||||||
| |||||||
1 | final order or orders of
the Authority under this subsection | ||||||
2 | (a-5) that result in a finding or liability for 5 or more | ||||||
3 | violations after
expiration of the period in which judicial | ||||||
4 | review under the Administrative Review Law may be sought. The | ||||||
5 | registered vehicle owner of a
vehicle immobilized, towed,
or | ||||||
6 | impounded for nonpayment of a final order
of the Authority | ||||||
7 | under this subsection (a-5) shall have the right
to request a | ||||||
8 | hearing before the Authority's civil administrative | ||||||
9 | adjudicatory
system to challenge the validity
of the | ||||||
10 | immobilization, tow, or impoundment.
This hearing, however, | ||||||
11 | shall not constitute a
readjudication of the merits of | ||||||
12 | previously adjudicated notices.
Judicial review of all final | ||||||
13 | orders of the
Authority under this subsection (a-5) shall be | ||||||
14 | conducted
in the circuit court of the county in which the | ||||||
15 | administrative decision was rendered in accordance with the | ||||||
16 | Administrative Review Law. | ||||||
17 | No commercial entity that is the lessor of a vehicle under | ||||||
18 | a written lease agreement shall be liable for an administrative | ||||||
19 | notice of violation for toll evasion issued under this | ||||||
20 | subsection (a-5) involving that vehicle during the period of | ||||||
21 | the lease if the lessor provides a copy of the leasing | ||||||
22 | agreement to the Authority within 30 days of the issue date on | ||||||
23 | the notice of violation. The leasing agreement also must | ||||||
24 | contain a provision or addendum informing the lessee that the | ||||||
25 | lessee is liable for payment of all tolls and any fines for | ||||||
26 | toll evasion. Each entity must also post a sign at the leasing |
| |||||||
| |||||||
1 | counter notifying the lessee of that liability. The copy of the | ||||||
2 | leasing agreement provided to the Authority must contain the | ||||||
3 | name, address, and driver's license number of the lessee, as | ||||||
4 | well as the check-out and return dates and times of the vehicle | ||||||
5 | and the vehicle license plate number and vehicle make and | ||||||
6 | model. | ||||||
7 | As used in this subsection (a-5), "lessor" includes | ||||||
8 | commercial leasing and rental entities but does not include | ||||||
9 | public passenger vehicle entities.
| ||||||
10 | The Authority shall establish an amnesty program for
| ||||||
11 | violations adjudicated under this subsection (a-5). Under the
| ||||||
12 | program, any person who has an outstanding notice of violation
| ||||||
13 | for toll evasion or a final order of a hearing officer for toll
| ||||||
14 | evasion dated prior to the effective date of this amendatory
| ||||||
15 | Act of the 94th General Assembly
and who pays to the
Authority | ||||||
16 | the full percentage amounts listed in this paragraph
remaining | ||||||
17 | due on the notice of violation or final order of the
hearing | ||||||
18 | officer and the full fees and costs paid by the Authority to | ||||||
19 | the Secretary of State relating to suspension proceedings, if | ||||||
20 | applicable, on or before 5:00 p.m., Central Standard Time,
of | ||||||
21 | the 60th day after the effective date of this amendatory Act
of | ||||||
22 | the 94th General Assembly shall not be required to pay more
| ||||||
23 | than the listed percentage of the original fine amount and
| ||||||
24 | outstanding toll as listed on the notice of violation or final
| ||||||
25 | order of the hearing officer and the full fees and costs paid | ||||||
26 | by the Authority to the Secretary of State relating to |
| |||||||
| |||||||
1 | suspension proceedings, if applicable. The payment percentage | ||||||
2 | scale
shall be as follows: a person with 25 or fewer violations | ||||||
3 | shall
be eligible for amnesty upon payment of 50% of the | ||||||
4 | original
fine amount and the outstanding tolls; a person with | ||||||
5 | more than
25 but fewer than 51 violations shall be eligible for | ||||||
6 | amnesty
upon payment of 60% of the original fine amount and the
| ||||||
7 | outstanding tolls; and a person with 51 or more violations
| ||||||
8 | shall be eligible for amnesty upon payment of 75% of the
| ||||||
9 | original fine amount and the outstanding tolls. In such a
| ||||||
10 | situation, the Executive Director of the Authority or his or
| ||||||
11 | her designee is authorized and directed to waive any late fine
| ||||||
12 | amount above the applicable percentage of the original fine
| ||||||
13 | amount. Partial payment of the amount due shall not be a basis
| ||||||
14 | to extend the amnesty payment deadline nor shall it act to
| ||||||
15 | relieve the person of liability for payment of the late fine
| ||||||
16 | amount. In order to receive amnesty, the full amount of the
| ||||||
17 | applicable percentage of the original fine amount and
| ||||||
18 | outstanding toll remaining due on the notice of violation or
| ||||||
19 | final order of the hearing officer and the full fees and costs | ||||||
20 | paid by the Authority to the Secretary of State relating to | ||||||
21 | suspension proceedings, if applicable, must be paid in full by | ||||||
22 | 5:00
p.m., Central Standard Time, of the 60th day after the
| ||||||
23 | effective date of this amendatory Act of the 94th General
| ||||||
24 | Assembly. This amendatory Act of the 94th General Assembly has
| ||||||
25 | no retroactive effect with regard to payments already tendered
| ||||||
26 | to the Authority that were full payments or payments in an
|
| |||||||
| |||||||
1 | amount greater than the applicable percentage, and this Act
| ||||||
2 | shall not be the basis for either a refund or a credit. This
| ||||||
3 | amendatory Act of the 94th General Assembly does not apply to
| ||||||
4 | toll evasion citations issued by the Illinois State Police or
| ||||||
5 | other authorized law enforcement agencies and for which payment
| ||||||
6 | may be due to or through the clerk of the circuit court. The
| ||||||
7 | Authority shall adopt rules as necessary to implement the
| ||||||
8 | provisions of this amendatory Act of the 94th General Assembly.
| ||||||
9 | The Authority, by a resolution of the Board of Directors, shall
| ||||||
10 | have the discretion to implement similar amnesty programs in
| ||||||
11 | the future.
The Authority, at its discretion and in | ||||||
12 | consultation with the Attorney
General, is further authorized | ||||||
13 | to settle an administrative fine or
penalty if it determines | ||||||
14 | that settling for less than the full amount
is in the best | ||||||
15 | interests of the Authority after taking into account
the | ||||||
16 | following factors:
(1) the merits of the Authority's claim | ||||||
17 | against the respondent;
(2) the amount that can be collected | ||||||
18 | relative to the
administrative fine or penalty owed by the | ||||||
19 | respondent;
(3) the cost of pursuing further enforcement or | ||||||
20 | collection
action against the respondent;
(4) the likelihood of | ||||||
21 | collecting the full amount owed; and
(5) the burden on the | ||||||
22 | judiciary.
The provisions in this Section may be extended to | ||||||
23 | other
toll facilities in the State of Illinois through a duly
| ||||||
24 | executed agreement between the Authority and
the operator of | ||||||
25 | the toll facility.
| ||||||
26 | (b) To prescribe rules and regulations applicable to |
| |||||||
| |||||||
1 | traffic on highways
under the jurisdiction of the Authority, | ||||||
2 | concerning:
| ||||||
3 | (1) Types of vehicles permitted to use such highways or | ||||||
4 | parts thereof,
and classification of such vehicles;
| ||||||
5 | (2) Designation of the lanes of traffic to be used by | ||||||
6 | the different
types of vehicles permitted upon said | ||||||
7 | highways;
| ||||||
8 | (3) Stopping, standing, and parking of vehicles;
| ||||||
9 | (4) Control of traffic by means of police officers or | ||||||
10 | traffic control
signals;
| ||||||
11 | (5) Control or prohibition of processions, convoys, | ||||||
12 | and assemblages of
vehicles and persons;
| ||||||
13 | (6) Movement of traffic in one direction only on | ||||||
14 | designated portions of
said highways;
| ||||||
15 | (7) Control of the access, entrance, and exit of | ||||||
16 | vehicles and persons to
and from said highways; and
| ||||||
17 | (8) Preparation, location and installation of all | ||||||
18 | traffic signs;
and to prescribe further rules and | ||||||
19 | regulations applicable to such traffic,
concerning matters | ||||||
20 | not provided for either in the foregoing enumeration or
in | ||||||
21 | the Illinois Vehicle Code. Notice of such rules and | ||||||
22 | regulations
shall be posted conspicuously and displayed at | ||||||
23 | appropriate points and at
reasonable intervals along said | ||||||
24 | highways, by clearly legible markers or
signs, to provide | ||||||
25 | notice of the existence of such rules and regulations to
| ||||||
26 | persons traveling on said highways. At each toll station, |
| |||||||
| |||||||
1 | the Authority
shall make available, free of charge, | ||||||
2 | pamphlets containing all of such
rules and regulations.
| ||||||
3 | (c) The Authority, in fixing the rate for tolls for the | ||||||
4 | privilege of
using the said toll highways, is authorized and | ||||||
5 | directed, in fixing such
rates, to base the same upon annual | ||||||
6 | estimates to be made, recorded and
filed with the Authority. | ||||||
7 | Said estimates shall include the following: The
estimated total | ||||||
8 | amount of the use of the toll highways; the estimated
amount of | ||||||
9 | the revenue to be derived therefrom, which said revenue, when
| ||||||
10 | added to all other receipts and income, will be sufficient to | ||||||
11 | pay the
expense of maintaining and operating said toll | ||||||
12 | highways, including the
administrative expenses of the | ||||||
13 | Authority, and to discharge all obligations
of the Authority as | ||||||
14 | they become due and payable.
| ||||||
15 | (d) To accept from any municipality or political | ||||||
16 | subdivision any lands,
easements or rights in land needed for | ||||||
17 | the operation, construction,
relocation or maintenance of any | ||||||
18 | toll highways, with or without payment
therefor, and in its | ||||||
19 | discretion to reimburse any such municipality or
political | ||||||
20 | subdivision out of its funds for any cost or expense incurred | ||||||
21 | in
the acquisition of land, easements or rights in land, in | ||||||
22 | connection with
the construction and relocation of the said | ||||||
23 | toll highways, widening,
extending roads, streets or avenues in | ||||||
24 | connection therewith, or for the
construction of any roads or | ||||||
25 | streets forming extension to and connections
with or between | ||||||
26 | any toll highways, or for the cost or expense of widening,
|
| |||||||
| |||||||
1 | grading, surfacing or improving any existing streets or roads | ||||||
2 | or the
construction of any streets and roads forming extensions | ||||||
3 | of or connections
with any toll highways constructed, | ||||||
4 | relocated, operated, maintained or
regulated hereunder by the | ||||||
5 | Authority. Where property owned by a
municipality or political | ||||||
6 | subdivision is necessary to the construction of
an approved | ||||||
7 | toll highway, if the Authority cannot reach an agreement with
| ||||||
8 | such municipality or political subdivision and if the use to | ||||||
9 | which the
property is being put in the hands of the | ||||||
10 | municipality or political
subdivision is not essential to the | ||||||
11 | existence or the administration of such
municipality or | ||||||
12 | political subdivision, the Authority may acquire the
property | ||||||
13 | by condemnation.
| ||||||
14 | (Source: P.A. 98-559, eff. 1-1-14; 99-214, eff. 1-1-16 .)
| ||||||
15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
|