Bill Text: IL HB5297 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Toll Highway Act. In a Section concerning enforcement, changes "vehicle" to "motor vehicle", and provides that "motor vehicle" does not include trailers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB5297 Detail]
Download: Illinois-2017-HB5297-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.
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15 | (a-5) To fix, assess, and collect civil fines for a motor | ||||||||||||||||||||||||
16 | vehicle's operation on
a toll highway without the required toll | ||||||||||||||||||||||||
17 | having been paid.
The Authority may
establish by rule a system | ||||||||||||||||||||||||
18 | of civil administrative adjudication to adjudicate
only | ||||||||||||||||||||||||
19 | alleged
instances of a motor vehicle's operation on a toll | ||||||||||||||||||||||||
20 | highway without the required toll
having been paid, as detected | ||||||||||||||||||||||||
21 | by the Authority's video or photo
surveillance system.
In cases | ||||||||||||||||||||||||
22 | in which the operator of the motor vehicle is not the | ||||||||||||||||||||||||
23 | registered motor
vehicle owner, the establishment of
ownership |
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1 | of the motor vehicle creates a rebuttable presumption that the | ||||||
2 | motor vehicle was
being operated by an agent
of the registered | ||||||
3 | motor vehicle owner. If the registered motor vehicle owner | ||||||
4 | liable for a
violation under this Section was
not the operator | ||||||
5 | of the motor vehicle at the time of the violation, the owner | ||||||
6 | may
maintain an action for
indemnification against the operator | ||||||
7 | in the circuit court.
Rules establishing a system of civil | ||||||
8 | administrative
adjudication must
provide for written notice,
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9 | by first class mail or other means provided by law, to the | ||||||
10 | address of the
registered owner of the cited motor
vehicle as | ||||||
11 | recorded with the Secretary of State or to the lessee of the | ||||||
12 | cited motor
vehicle at the last address known
to the lessor of | ||||||
13 | the cited motor vehicle at the time of the lease,
of the
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14 | alleged violation and an opportunity to be heard on the | ||||||
15 | question of the
violation and must provide for the | ||||||
16 | establishment of a toll-free telephone
number to receive | ||||||
17 | inquiries concerning alleged violations.
The notice shall also | ||||||
18 | inform the registered motor vehicle owner that failure to
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19 | contest in the manner and time
provided shall be deemed an | ||||||
20 | admission of liability and that a final order of
liability may | ||||||
21 | be entered on that admission. A duly
authorized agent of the | ||||||
22 | Authority may perform
or execute the preparation, | ||||||
23 | certification, affirmation, or
mailing of the notice. A notice | ||||||
24 | of violation, sworn or affirmed to or certified
by a duly | ||||||
25 | authorized agent of
the Authority, or a facsimile of the | ||||||
26 | notice, based upon an inspection of
photographs, |
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1 | microphotographs,
videotape, or other recorded images produced
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2 | by a video or photo surveillance system, shall be admitted as
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3 | prima facie evidence of the correctness of the facts contained | ||||||
4 | in the notice or
facsimile.
Only civil fines,
along with the | ||||||
5 | corresponding outstanding toll, and costs
may be imposed by
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6 | administrative adjudication. A fine may be imposed under this | ||||||
7 | paragraph only
if a violation is established by a preponderance | ||||||
8 | of the evidence. Judicial
review of all final orders of the | ||||||
9 | Authority under this paragraph shall be
conducted in the | ||||||
10 | circuit court of the county in which the administrative | ||||||
11 | decision was rendered in accordance with the Administrative | ||||||
12 | Review Law.
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13 | The Authority may maintain a listing or searchable database | ||||||
14 | on its website of persons or entities that have been issued one | ||||||
15 | or more final orders of liability with a total amount due of | ||||||
16 | more than $1,000 for tolls, fines, unpaid late fees, or | ||||||
17 | administrative costs that remain unpaid after the exhaustion | ||||||
18 | of, or the failure to exhaust, the judicial review procedures | ||||||
19 | under the Administrative Review Law. Each entry may include the | ||||||
20 | person's or entity's name as listed on the final order of | ||||||
21 | liability. | ||||||
22 | Any outstanding toll, fine, additional late payment fine, | ||||||
23 | other
sanction,
or costs imposed, or part of any fine, other | ||||||
24 | sanction, or costs imposed, remaining unpaid after the | ||||||
25 | exhaustion of, or the failure to
exhaust, judicial review | ||||||
26 | procedures under the Administrative Review
Law are a debt due |
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1 | and owing
the Authority and may be collected in accordance
with | ||||||
2 | applicable law. After expiration of the period in
which | ||||||
3 | judicial review under the Administrative Review Law may be
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4 | sought,
unless stayed by a court of competent jurisdiction, a | ||||||
5 | final order of
the Authority under this subsection (a-5)
may be | ||||||
6 | enforced in
the same manner as a judgment entered by a court of | ||||||
7 | competent jurisdiction.
Notwithstanding any other provision of | ||||||
8 | this Act, the Authority may, with the approval of the Attorney | ||||||
9 | General, retain a law firm or law firms with expertise in the | ||||||
10 | collection of government fines and debts for the purpose of | ||||||
11 | collecting fines, costs, and other moneys due under this | ||||||
12 | subsection (a-5).
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13 | A system of civil administrative adjudication may also | ||||||
14 | provide for a
program of motor vehicle
immobilization, tow, or | ||||||
15 | impoundment for the purpose of facilitating
enforcement of any | ||||||
16 | final order or orders of
the Authority under this subsection | ||||||
17 | (a-5) that result in a finding or liability for 5 or more | ||||||
18 | violations after
expiration of the period in which judicial | ||||||
19 | review under the Administrative Review Law may be sought. The | ||||||
20 | registered motor vehicle owner of a motor
vehicle immobilized, | ||||||
21 | towed,
or impounded for nonpayment of a final order
of the | ||||||
22 | Authority under this subsection (a-5) shall have the right
to | ||||||
23 | request a hearing before the Authority's civil administrative | ||||||
24 | adjudicatory
system to challenge the validity
of the | ||||||
25 | immobilization, tow, or impoundment.
This hearing, however, | ||||||
26 | shall not constitute a
readjudication of the merits of |
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1 | previously adjudicated notices.
Judicial review of all final | ||||||
2 | orders of the
Authority under this subsection (a-5) shall be | ||||||
3 | conducted
in the circuit court of the county in which the | ||||||
4 | administrative decision was rendered in accordance with the | ||||||
5 | Administrative Review Law. | ||||||
6 | No commercial entity that is the lessor of a motor vehicle | ||||||
7 | under a written lease agreement shall be liable for an | ||||||
8 | administrative notice of violation for toll evasion issued | ||||||
9 | under this subsection (a-5) involving that motor vehicle during | ||||||
10 | the period of the lease if the lessor provides a copy of the | ||||||
11 | leasing agreement to the Authority within 30 days of the issue | ||||||
12 | date on the notice of violation. The leasing agreement also | ||||||
13 | must contain a provision or addendum informing the lessee that | ||||||
14 | the lessee is liable for payment of all tolls and any fines for | ||||||
15 | toll evasion. Each entity must also post a sign at the leasing | ||||||
16 | counter notifying the lessee of that liability. The copy of the | ||||||
17 | leasing agreement provided to the Authority must contain the | ||||||
18 | name, address, and driver's license number of the lessee, as | ||||||
19 | well as the check-out and return dates and times of the motor | ||||||
20 | vehicle and the motor vehicle license plate number and motor | ||||||
21 | vehicle make and model. | ||||||
22 | As used in this subsection (a-5), "lessor" includes | ||||||
23 | commercial leasing and rental entities but does not include | ||||||
24 | public passenger motor vehicle entities.
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25 | The Authority shall establish an amnesty program for
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26 | violations adjudicated under this subsection (a-5). Under the
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1 | program, any person who has an outstanding notice of violation
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2 | for toll evasion or a final order of a hearing officer for toll
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3 | evasion dated prior to the effective date of this amendatory
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4 | Act of the 94th General Assembly
and who pays to the
Authority | ||||||
5 | the full percentage amounts listed in this paragraph
remaining | ||||||
6 | due on the notice of violation or final order of the
hearing | ||||||
7 | officer and the full fees and costs paid by the Authority to | ||||||
8 | the Secretary of State relating to suspension proceedings, if | ||||||
9 | applicable, on or before 5:00 p.m., Central Standard Time,
of | ||||||
10 | the 60th day after the effective date of this amendatory Act
of | ||||||
11 | the 94th General Assembly shall not be required to pay more
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12 | than the listed percentage of the original fine amount and
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13 | outstanding toll as listed on the notice of violation or final
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14 | order of the hearing officer and the full fees and costs paid | ||||||
15 | by the Authority to the Secretary of State relating to | ||||||
16 | suspension proceedings, if applicable. The payment percentage | ||||||
17 | scale
shall be as follows: a person with 25 or fewer violations | ||||||
18 | shall
be eligible for amnesty upon payment of 50% of the | ||||||
19 | original
fine amount and the outstanding tolls; a person with | ||||||
20 | more than
25 but fewer than 51 violations shall be eligible for | ||||||
21 | amnesty
upon payment of 60% of the original fine amount and the
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22 | outstanding tolls; and a person with 51 or more violations
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23 | shall be eligible for amnesty upon payment of 75% of the
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24 | original fine amount and the outstanding tolls. In such a
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25 | situation, the Executive Director of the Authority or his or
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26 | her designee is authorized and directed to waive any late fine
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1 | amount above the applicable percentage of the original fine
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2 | amount. Partial payment of the amount due shall not be a basis
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3 | to extend the amnesty payment deadline nor shall it act to
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4 | relieve the person of liability for payment of the late fine
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5 | amount. In order to receive amnesty, the full amount of the
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6 | applicable percentage of the original fine amount and
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7 | outstanding toll remaining due on the notice of violation or
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8 | final order of the hearing officer and the full fees and costs | ||||||
9 | paid by the Authority to the Secretary of State relating to | ||||||
10 | suspension proceedings, if applicable, must be paid in full by | ||||||
11 | 5:00
p.m., Central Standard Time, of the 60th day after the
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12 | effective date of this amendatory Act of the 94th General
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13 | Assembly. This amendatory Act of the 94th General Assembly has
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14 | no retroactive effect with regard to payments already tendered
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15 | to the Authority that were full payments or payments in an
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16 | amount greater than the applicable percentage, and this Act
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17 | shall not be the basis for either a refund or a credit. This
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18 | amendatory Act of the 94th General Assembly does not apply to
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19 | toll evasion citations issued by the Illinois State Police or
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20 | other authorized law enforcement agencies and for which payment
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21 | may be due to or through the clerk of the circuit court. The
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22 | Authority shall adopt rules as necessary to implement the
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23 | provisions of this amendatory Act of the 94th General Assembly.
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24 | The Authority, by a resolution of the Board of Directors, shall
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25 | have the discretion to implement similar amnesty programs in
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26 | the future.
The Authority, at its discretion and in |
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1 | consultation with the Attorney
General, is further authorized | ||||||
2 | to settle an administrative fine or
penalty if it determines | ||||||
3 | that settling for less than the full amount
is in the best | ||||||
4 | interests of the Authority after taking into account
the | ||||||
5 | following factors:
(1) the merits of the Authority's claim | ||||||
6 | against the respondent;
(2) the amount that can be collected | ||||||
7 | relative to the
administrative fine or penalty owed by the | ||||||
8 | respondent;
(3) the cost of pursuing further enforcement or | ||||||
9 | collection
action against the respondent;
(4) the likelihood of | ||||||
10 | collecting the full amount owed; and
(5) the burden on the | ||||||
11 | judiciary.
The provisions in this Section may be extended to | ||||||
12 | other
toll facilities in the State of Illinois through a duly
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13 | executed agreement between the Authority and
the operator of | ||||||
14 | the toll facility.
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15 | (b) To prescribe rules and regulations applicable to | ||||||
16 | traffic on highways
under the jurisdiction of the Authority, | ||||||
17 | concerning:
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18 | (1) Types of motor vehicles permitted to use such | ||||||
19 | highways or parts thereof,
and classification of such motor | ||||||
20 | vehicles;
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21 | (2) Designation of the lanes of traffic to be used by | ||||||
22 | the different
types of motor vehicles permitted upon said | ||||||
23 | highways;
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24 | (3) Stopping, standing, and parking of motor vehicles;
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25 | (4) Control of traffic by means of police officers or | ||||||
26 | traffic control
signals;
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1 | (5) Control or prohibition of processions, convoys, | ||||||
2 | and assemblages of motor
vehicles and persons;
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3 | (6) Movement of traffic in one direction only on | ||||||
4 | designated portions of
said highways;
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5 | (7) Control of the access, entrance, and exit of motor | ||||||
6 | vehicles and persons to
and from said highways; and
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7 | (8) Preparation, location and installation of all | ||||||
8 | traffic signs;
and to prescribe further rules and | ||||||
9 | regulations applicable to such traffic,
concerning matters | ||||||
10 | not provided for either in the foregoing enumeration or
in | ||||||
11 | the Illinois Vehicle Code. Notice of such rules and | ||||||
12 | regulations
shall be posted conspicuously and displayed at | ||||||
13 | appropriate points and at
reasonable intervals along said | ||||||
14 | highways, by clearly legible markers or
signs, to provide | ||||||
15 | notice of the existence of such rules and regulations to
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16 | persons traveling on said highways. At each toll station, | ||||||
17 | the Authority
shall make available, free of charge, | ||||||
18 | pamphlets containing all of such
rules and regulations.
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19 | (c) The Authority, in fixing the rate for tolls for the | ||||||
20 | privilege of
using the said toll highways, is authorized and | ||||||
21 | directed, in fixing such
rates, to base the same upon annual | ||||||
22 | estimates to be made, recorded and
filed with the Authority. | ||||||
23 | Said estimates shall include the following: The
estimated total | ||||||
24 | amount of the use of the toll highways; the estimated
amount of | ||||||
25 | the revenue to be derived therefrom, which said revenue, when
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26 | added to all other receipts and income, will be sufficient to |
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1 | pay the
expense of maintaining and operating said toll | ||||||
2 | highways, including the
administrative expenses of the | ||||||
3 | Authority, and to discharge all obligations
of the Authority as | ||||||
4 | they become due and payable.
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5 | (d) To accept from any municipality or political | ||||||
6 | subdivision any lands,
easements or rights in land needed for | ||||||
7 | the operation, construction,
relocation or maintenance of any | ||||||
8 | toll highways, with or without payment
therefor, and in its | ||||||
9 | discretion to reimburse any such municipality or
political | ||||||
10 | subdivision out of its funds for any cost or expense incurred | ||||||
11 | in
the acquisition of land, easements or rights in land, in | ||||||
12 | connection with
the construction and relocation of the said | ||||||
13 | toll highways, widening,
extending roads, streets or avenues in | ||||||
14 | connection therewith, or for the
construction of any roads or | ||||||
15 | streets forming extension to and connections
with or between | ||||||
16 | any toll highways, or for the cost or expense of widening,
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17 | grading, surfacing or improving any existing streets or roads | ||||||
18 | or the
construction of any streets and roads forming extensions | ||||||
19 | of or connections
with any toll highways constructed, | ||||||
20 | relocated, operated, maintained or
regulated hereunder by the | ||||||
21 | Authority. Where property owned by a
municipality or political | ||||||
22 | subdivision is necessary to the construction of
an approved | ||||||
23 | toll highway, if the Authority cannot reach an agreement with
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24 | such municipality or political subdivision and if the use to | ||||||
25 | which the
property is being put in the hands of the | ||||||
26 | municipality or political
subdivision is not essential to the |
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1 | existence or the administration of such
municipality or | ||||||
2 | political subdivision, the Authority may acquire the
property | ||||||
3 | by condemnation. | ||||||
4 | As used in this Section, "motor vehicle" does not include | ||||||
5 | trailers.
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6 | (Source: P.A. 98-559, eff. 1-1-14; 99-214, eff. 1-1-16 .)
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