Bill Text: IL SB3608 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Amends the Toll Highway Act. Modifies powers of the Illinois State Toll Highway Authority in regard to: the appointment of attorneys (rather than assistant attorneys) for the Authority, who shall be under the control, direction, and supervision of the Authority (rather than the Attorney General); and the retention of special counsel, who shall be subject to the control, direction, and supervision of the Authority (rather than the Attorney General). Effective January 1, 2027.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Enrolled) 2026-06-18 - Sent to the Governor [SB3608 Detail]

Download: Illinois-2025-SB3608-Enrolled.html

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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Toll Highway Act is amended by changing
Section 8 as follows:
(605 ILCS 10/8) (from Ch. 121, par. 100-8)
Sec. 8. The Authority shall have the power:
(a) To acquire, own, use, hire, lease, operate and dispose
of personal property, real property (except with respect to
the headquarters building and surrounding land of the
Authority located at 2700 Ogden Avenue, Downers Grove,
Illinois, which may be sold or mortgaged only as provided in
Section 7.5 of the State Property Control Act to the extent
that such property is subject to the State Property Control
Act at the time of the proposed sale), any interest therein,
including rights-of-way, franchises and easements.
(b) To enter into all contracts and agreements necessary
or incidental to the performance of its powers under this Act.
All employment contracts let under this Act shall be in
conformity with the applicable provisions of "An Act
regulating wages of laborers, mechanics and other workers
employed under contracts for public works," approved June 26,
1941, as amended.

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(c) To employ and discharge, without regard to the
requirements of any civil service or personnel act, such
administrative, engineering, traffic, architectural,
construction, and financial experts, and inspectors, and such
other employees, as are necessary in the Authority's judgment
to carry out the purposes of this Act; and to establish and
administer standards of classification of all of such persons
with respect to their compensation, duties, performance, and
tenure; and to enter into contracts of employment with such
persons for such periods and on such terms as the Authority
deems desirable.
(d) To appoint by and with the consent of the Attorney
General, assistant attorneys for such Authority, which said
assistant attorneys shall be under the control, direction and
supervision of the Authority Attorney General and shall serve
at the Authority's his pleasure.
(e) To retain special counsel, subject to the approval of
the Attorney General, as needed from time to time, and fix
their compensation, and provided however, such special counsel
shall be subject to the control, direction and supervision of
the Authority Attorney General and shall serve at the
Authority's his pleasure.
(f) To acquire, construct, relocate, operate, regulate and
maintain a system of toll highways through and within the
State of Illinois. However, the Authority does not have the
power to acquire, operate, regulate or maintain any system of

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toll highways or toll bridges or portions of them (including
but not limited to any system organized pursuant to Division
108 of Article 11 of the Illinois Municipal Code) in the event
either of the following conditions exists at the time the
proposed acquisition, operation, regulation or maintenance of
such system is to become effective:
(1) the principal or interest on bonds or other
instruments evidencing indebtedness of the system are in
default; or
(2) the principal or interest on bonds or other
instruments evidencing indebtedness of the system have been in
default at any time during the 5 year period prior to the
proposed acquisition.
To facilitate such construction, operation and maintenance
and subject to the approval of the Division of Highways of the
Department of Transportation, the Authority shall have the
full use and advantage of the engineering staff and facilities
of the Department.
(Source: P.A. 93-19, eff. 6-20-03.)
Section 99. Effective date. This Act takes effect January
1, 2027.