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Public Act 101-0398 |
SB0158 Enrolled | LRB101 06750 HLH 51777 b |
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AN ACT concerning revenue.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Property Tax Code is amended by changing |
Section 15-60 as follows:
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(35 ILCS 200/15-60)
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Sec. 15-60. Taxing district property. All property |
belonging to any county
or municipality used exclusively for |
the maintenance of the poor is exempt,
as is all property owned |
by a taxing district that is being held for future
expansion or |
development, except if leased by the taxing district to lessees
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for use for other than public purposes.
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Also exempt are:
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(a) all swamp or overflowed lands belonging to any |
county;
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(b) all public buildings belonging to any county, |
township, or
municipality, with the ground on which the |
buildings are erected;
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(c) all property owned by any municipality located |
within its
incorporated limits. Any such property leased by |
a municipality shall
remain exempt, and the leasehold |
interest of the lessee shall be assessed under
Section |
9-195 of this Act, (i) for a lease entered into on or after |
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January 1,
1994, unless the lease expressly provides that |
this exemption shall not apply;
(ii) for a lease entered |
into on or after the effective date of Public Act
87-1280 |
and before January 1, 1994, unless the lease expressly |
provides that
this exemption shall not apply or unless |
evidence other than the lease itself
substantiates the |
intent of the parties to the lease that this exemption |
shall
not apply; and (iii) for a lease entered into before |
the effective date of
Public Act 87-1280, if the terms of |
the lease do not bind the lessee to pay the
taxes on the |
leased property or if, notwithstanding the terms of the |
lease, the
municipality has filed or hereafter files a |
timely exemption petition or
complaint with respect to |
property consisting of or including the leased
property for |
an assessment year which includes part or all of the first |
12
months of the lease period. The foregoing clause (iii) |
added by Public Act
87-1280 shall not operate to exempt |
property for any assessment year as to
which no timely |
exemption petition or complaint has been filed by the
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municipality or as to which an administrative or court |
decision denying
exemption has become final and |
nonappealable. For each assessment year or
portion thereof |
that property is made exempt by operation of the foregoing
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clause (iii), whether such year or portion is before or |
after the effective
date of Public Act 87-1280, the |
leasehold interest of the lessee shall, if
necessary, be |
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considered omitted property for purposes of this Act;
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(c-5) Notwithstanding clause (i) of subsection (c), or |
any other law to the contrary, for a municipality with a |
population over 100,000, all property owned by the
a |
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, with a population of over |
500,000 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 is not exempt shall remain exempt, and any |
leasehold interest in such
the property , interest, or |
rights shall not be subject to taxation under Section 9-195 |
of this Code Act ;
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(d) all property owned by any municipality located |
outside its
incorporated limits but within the same county |
when used as a tuberculosis
sanitarium, farm colony in |
connection with a house of correction, or nursery,
garden, |
or farm, or for the growing of shrubs, trees, flowers, |
vegetables, and
plants for use in beautifying, |
maintaining, and operating playgrounds, parks,
parkways, |
public grounds, buildings, and institutions owned or |
controlled
by the municipality;
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(e) all property owned by a township and operated as |
senior citizen
housing under Sections 35-50 through |
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35-50.6 of the Township Code; and |
(f) all property owned by the Executive Board of the |
Mutual Aid Box Alarm System (MABAS), a unit of |
intergovernmental cooperation, that is used for the public |
purpose of disaster preparedness and response for units of |
local government and the State of Illinois pursuant to |
Section 10 of Article VII of the Illinois Constitution and |
the Intergovernmental Cooperation Act.
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All property owned by any municipality outside of its |
corporate limits is
exempt if used exclusively for municipal or |
public purposes.
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For purposes of this Section, "municipality" means a |
municipality, as
defined in Section 1-1-2 of the Illinois |
Municipal Code.
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(Source: P.A. 98-206, eff. 1-1-14.)
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Section 10. The Toll Highway Act is amended by changing |
Section 11 as follows: |
(605 ILCS 10/11) (from Ch. 121, par. 100-11)
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Sec. 11. The Authority shall have power:
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(a) To enter upon lands, waters and premises in the State |
for the
purpose of making surveys, soundings, drillings and |
examinations as may be
necessary, expedient or convenient for |
the purposes of this Act, and such
entry shall not be deemed to |
be a trespass, nor shall an entry for such
purpose be deemed an |
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entry under any condemnation proceedings which may be
then |
pending; provided, however, that the Authority shall make
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reimbursement for any actual damage resulting to such lands, |
waters and
premises as the result of such activities.
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(b) To construct, maintain and operate stations for the |
collection of
tolls or charges upon and along any toll |
highways.
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(c) To provide for the collection of tolls and charges for |
the privilege
of using the said toll highways.
Before it adopts |
an increase in the
rates for toll, the Authority shall hold a |
public
hearing at which any person may appear, express |
opinions, suggestions, or
objections, or direct inquiries |
relating to the proposed increase.
Any person may submit a |
written statement to the Authority at
the hearing, whether |
appearing in person or not. The hearing shall be held in
the |
county in which the proposed
increase of the rates is to take |
place. The
Authority shall give notice of the hearing by |
advertisement on
3 successive days at least 15 days prior to |
the date of the hearing in a daily
newspaper of general |
circulation within the county within which the
hearing is held.
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The notice shall state the date, time, and place of the |
hearing, shall contain
a description of the proposed increase, |
and shall
specify how interested persons may obtain copies of |
any reports, resolutions,
or certificates describing the basis |
on which the proposed change, alteration,
or modification was |
calculated. After consideration of any statements filed or
oral |
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opinions, suggestions, objections, or inquiries made at the |
hearing, the
Authority may proceed to adopt the proposed |
increase
of the rates for toll. No change or alteration in or |
modification
of the rates for toll shall be effective unless at |
least 30 days
prior to the effective date of such rates notice |
thereof
shall be given to
the public by publication in a |
newspaper of general circulation, and such
notice, or notices, |
thereof shall be posted and publicly displayed at each
and |
every toll station upon or along said toll highways.
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(d) To construct, at the Authority's discretion, grade |
separations
at intersections with any railroads, waterways, |
street railways, streets,
thoroughfares, public roads or |
highways intersected by the said toll
highways, and to change |
and adjust the lines and grades thereof so as to
accommodate |
the same to the design of such grade separation and to
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construct interchange improvements. The Authority is |
authorized to provide
such grade separations or interchange |
improvements at its own cost or to
enter into contracts or |
agreements with reference to division of cost
therefor with any |
municipality or political subdivision of the State of
Illinois, |
or with the Federal Government, or any agency thereof, or with
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any corporation, individual, firm, person or association. |
Where such
structures have been or will be built by the |
Authority, the local highway agency or municipality with |
jurisdiction shall enter into an agreement with the Authority |
for the ongoing maintenance of the structures. .
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(e) To contract with and grant concessions to or lease or |
license to any
person, partnership, firm, association or |
corporation so desiring the use
of any part of any toll |
highways, excluding the paved portion thereof, but
including |
the right of way adjoining, under, or over said paved portion |
for
the placing of telephone, telegraph, electric, power lines |
and other
utilities, and for the placing of pipe lines, and to |
enter into operating
agreements with or to contract with and |
grant concessions to or to lease to
any person, partnership, |
firm, association or corporation so desiring the
use of any |
part of the toll highways, excluding the paved portion thereof,
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but including the right of way adjoining, or over said paved |
portion for
motor fuel service stations and facilities, |
garages, stores and
restaurants, or for any other lawful |
purpose, and to fix the terms,
conditions, rents, rates and |
charges for such use.
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By January 1, 2016, the Authority shall construct and
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maintain at least one electric vehicle charging station at any |
location where the Authority has entered into an agreement with |
any entity pursuant to this subsection (e) for the purposes of |
providing motor fuel service stations and facilities, garages, |
stores, or
restaurants. The Authority shall charge a fee for |
the use of these charging stations to offset the costs of |
constructing and maintaining these charging stations. The |
Authority shall
adopt rules to implement the erection, user |
fees, and maintenance of electric vehicle charging stations |
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pursuant to this subsection (e). |
The Authority shall also have power to establish reasonable |
regulations
for the installation, construction, maintenance, |
repair, renewal,
relocation and removal of pipes, mains, |
conduits, cables, wires, towers,
poles and other equipment and |
appliances (herein called public utilities)
of any public |
utility as defined in the Public Utilities Act along,
over or |
under any toll road project. Whenever the Authority shall |
determine
that it is necessary that any such public utility |
facilities which now are
located in, on, along, over or under |
any project or projects be relocated
or removed entirely from |
any such project or projects, the public utility
owning or |
operating such facilities shall relocate or remove the same in
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accordance with the order of the Authority. All costs and |
expenses of such
relocation or removal, including the cost of |
installing such facilities in
a new location or locations, and |
the cost of any land or lands, or interest
in land, or any |
other rights required to accomplish such relocation or
removal |
shall be ascertained and paid by the Authority as a part of the
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cost of any such project or projects, and further, there shall |
be no rent,
fee or other charge of any kind imposed upon the |
public utility owning or
operating any facilities ordered |
relocated on the properties of the said
Authority and the said |
Authority shall grant to the said public utility
owning or |
operating said facilities and its successors and assigns the
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right to operate the same in the new location or locations for |
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as long a
period and upon the same terms and conditions as it |
had the right to
maintain and operate such facilities in their |
former location or locations.
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(f) To enter into an intergovernmental agreement or |
contract with a unit of local government or other
public or |
private entity for the collection, enforcement, and |
administration
of tolls,
fees, revenue, and violations , |
including 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 .
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The General Assembly finds that electronic toll collection |
systems in Illinois should be standardized to promote safety, |
efficiency, and traveler convenience. The Authority shall |
cooperate with other public and private entities to further the |
goal of standardized toll collection in Illinois and is |
authorized to provide toll collection and toll violation |
enforcement services to such entities when doing so is in the |
best interest of the Authority and consistent with its |
obligations under Section 23 of this Act.
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(Source: P.A. 100-71, eff. 1-1-18 .)
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Section 15. The Toll Bridge Act is amended by changing |
Section 7 as follows:
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(605 ILCS 115/7) (from Ch. 137, par. 7)
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Sec. 7. The county board shall fix the rates of toll, and |
may from time to
time, alter and change the same, including by |
establishing a toll rate schedule, setting a maximum toll rate |
that may be adjusted from time to time, or by establishing |
another toll rate structure, and in case of the neglect of the |
owner of
the bridge to keep the same in proper repair and safe |
for the crossing of
persons and property, may prohibit the |
taking of toll. Except as regarding toll bridges or as |
otherwise provided by law, nothing in this amendatory Act of |
the 101st General Assembly shall be construed to authorize a |
county, municipality, local government, or private operator to |
impose a toll upon any public road, street, or highway; nor |
shall any provision of this amendatory Act of the 101st General |
Assembly be construed to authorize, pursuant to an |
intergovernmental agreement or otherwise, the imposition of |
any toll upon any public road, street, or highway. |
The General Assembly finds that electronic toll collection |
systems in Illinois should be standardized to promote safety, |
efficiency, and traveler convenience. If electronic toll |
collection is used on such bridge, the county shall cause the |
configuration of the electronic toll collection system to be |
compatible with the electronic toll collection system used by |
the Illinois State Toll Highway Authority. The municipality or |
private operator may enter into an intergovernmental agreement |
with the Illinois State Toll Highway Authority to provide for |
such compatibility or to have the Authority provide electronic |
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toll collection or toll violation enforcement services. Any |
toll bridges in Winnebago County that are in operation and |
collecting tolls on the effective date of this amendatory Act |
of the 97th General Assembly are exempt from the provisions of |
the Act.
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(Source: P.A. 97-252, eff. 8-4-11.)
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Section 20. The Illinois Vehicle Code is amended by adding |
Sections 3-704.3 and 6-306.8 as follows: |
(625 ILCS 5/3-704.3 new) |
Sec. 3-704.3. Failure to satisfy fines or penalties for |
toll bridge violations; suspension of vehicle registration. |
(a) Notwithstanding any law to the contrary, upon the |
Secretary's receipt of a report, as described in subsection |
(b), from a private tolling authority stating that the owner of |
a registered vehicle has failed to satisfy any fees, fines, |
charges, or penalties resulting from a final invoice or notice |
by the private tolling authority relating directly or |
indirectly to 5 or more toll violations, the Secretary shall |
suspend the vehicle registration of the person in accordance |
with the procedures set forth in this Section. |
(b) The report from the private tolling authority notifying |
the Secretary of unsatisfied fees, fines, charges, or penalties |
may be generated by the private tolling authority and received |
by the Secretary by automated process. The report shall contain |
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the following: |
(1) The name, last known address, and driver's license |
number of the person who failed to satisfy the fees, fines, |
charges, or penalties, and the registration number of any |
vehicle known to be registered in this State to that |
person. |
(2) A statement that the private tolling authority sent |
a notice of impending suspension of the person's vehicle |
registration to the person named in the report at the |
address recorded with the Secretary; the date on which the |
notice was sent; and the address to which the notice was |
sent. |
(c) Following the Secretary's receipt of a report described |
in subsection (b), the Secretary shall notify the person whose |
name appears on the report that the person's vehicle |
registration will be suspended at the end of a specified period |
unless the Secretary is presented with a notice from the |
private tolling authority stating that the fees, fines, |
charges, or penalties owed to the private tolling authority |
have been satisfied or that inclusion of that person's name on |
the report described in subsection (b) was in error. The |
Secretary's notice shall state in substance the information |
contained in the private tolling authority's report to the |
Secretary described in subsection (b), and shall be effective |
as specified by subsection (c) of Section 6-211. |
(d) The private tolling authority, after making a report to |
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the Secretary described in subsection (b), shall notify the |
Secretary, on a form prescribed by the Secretary or by |
automated process, whenever a person named in the report has |
satisfied the previously reported fees, fines, charges, or |
penalties or whenever the private tolling authority determines |
that the original report was in error. A copy of the |
notification shall also be given upon request and at no |
additional charge to the person named therein. Upon receipt of |
the private tolling authority's notification, the Secretary |
shall lift the suspension. |
(e) The private tolling authority shall establish |
procedures for persons to challenge the accuracy of the report |
described in subsection (b). The procedures shall provide the |
grounds for a challenge, which may include: |
(1) the person not having been the owner or lessee of
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the vehicle or vehicles receiving 5 or more toll violations |
on the date or dates the violations occurred; or |
(2) the person having already satisfied the fees, |
fines, charges, or penalties for the 5 or more toll |
violations indicated on the report described in subsection |
(b). |
(f) The Secretary and the Authority may promulgate rules |
necessary to implement this Section. |
(g) The Secretary, the Authority, and the private tolling |
authority shall cooperate with one another in the |
administration and implementation of this Section. |
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(h) The Secretary shall provide the Authority and the |
private tolling authority with any information the Authority or |
the private tolling authority may deem necessary for the |
purposes of this Section or for the private tolling authority's |
invoicing, collection, and administrative functions, including |
regular and timely access to driver's license, vehicle |
registration, and license plate information, and the |
Secretary's driver, title, and vehicle record databases. |
Section 2-123 does not apply to the provision of such |
information, but the Secretary shall be entitled to |
reimbursement for its costs in providing such information. |
(i) The Authority shall provide the Secretary and the |
private tolling authority with any information the Secretary or |
the private tolling authority may deem necessary for purposes |
of this Section or for the private tolling authority's |
invoicing, collection, and administrative functions, including |
regular and timely access to toll violation records. |
(j) As used in this Section: |
"Authority" means the Illinois State Toll Highway |
Authority. |
"Private tolling authority" means the owner, lessee, |
licensee, or operator of a toll bridge authorized under the |
Toll Bridge Act. |
"Secretary" means the Illinois Secretary of State. |
(625 ILCS 5/6-306.8 new) |
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Sec. 6-306.8. Failure to satisfy fines or penalties for |
toll bridge violations; suspension of driving privileges. |
(a) Notwithstanding any law to the contrary, upon the |
Secretary's receipt of a report, as described in subsection |
(b), from a private tolling authority stating that the owner of |
a registered vehicle has failed to satisfy any fees, fines, |
charges, or penalties resulting from a final invoice or notice |
by the private tolling authority relating directly or |
indirectly to 5 or more toll violations, the Secretary shall |
suspend the driving privileges of the person in accordance with |
the procedures set forth in this Section. |
(b) The report from the private tolling authority notifying |
the Secretary of unsatisfied fees, fines, charges, or penalties |
may be generated by the private tolling authority and received |
by the Secretary by automated process. The report shall contain |
the following: |
(1) The name, last known address, and driver's license |
number of the person who failed to satisfy the fees, fines, |
charges, or penalties, and the registration number of any |
vehicle known to be registered in this State to that |
person. |
(2) A statement that the private tolling authority sent |
a notice of impending suspension of the person's driver's |
license to the person named in the report at the address |
recorded with the Secretary; the date on which the notice |
was sent; and the address to which the notice was sent. |
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(c) Following the Secretary's receipt of a report described |
in subsection (b), the Secretary shall notify the person whose |
name appears on the report that the person's driver's license |
will be suspended at the end of a specified period unless the |
Secretary is presented with a notice from the private tolling |
authority stating that the fees, fines, charges, or penalties |
owed to the private tolling authority have been satisfied or |
that inclusion of that person's name on the report described in |
subsection (b) was in error. The Secretary's notice shall state |
in substance the information contained in the private tolling |
authority's report to the Secretary described in subsection |
(b), and shall be effective as specified by subsection (c) of |
Section 6-211, except as to those drivers who also have been |
issued a CDL. If a person also has been issued a CDL, notice of |
suspension of that person's driver's license must be given in |
writing by certified mail and is effective on the date listed |
in the notice of suspension, except that the notice is not |
effective until 4 days after the date on which the notice was |
deposited into the United States mail. The notice becomes |
effective 4 days after its deposit into the United States mail |
regardless of whether the Secretary of State receives the |
return receipt and regardless of whether the written |
notification is returned for any reason to the Secretary of |
State as undeliverable. |
(d) The private tolling authority, after making a report to |
the Secretary described in subsection (b), shall notify the |
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Secretary, on a form prescribed by the Secretary or by |
automated process, whenever a person named in the report has |
satisfied the previously reported fees, fines, charges, or |
penalties or whenever the private tolling authority determines |
that the original report was in error. A copy of the |
notification shall also be given upon request and at no |
additional charge to the person named therein. Upon receipt of |
the private tolling authority's notification, the Secretary |
shall lift the suspension. |
(e) The private tolling authority shall establish |
procedures for persons to challenge the accuracy of the report |
described in subsection (b). The procedures shall provide the |
grounds for a challenge, which may include: |
(1) the person not having been the owner or lessee of |
the vehicle or vehicles receiving 5 or more toll violations |
on the date or dates the violations occurred; or |
(2) the person having already satisfied the fees, |
fines, charges, or penalties for the 5 or more toll |
violations indicated on the report described in subsection |
(b). |
(f) The Secretary and the Authority may promulgate rules |
necessary to implement this Section. |
(g) The Secretary, the Authority, and the private tolling |
authority shall cooperate with one another in the |
administration and implementation of this Section. |
(h) The Secretary shall provide the Authority and the |
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private tolling authority with any information the Authority or |
the private tolling authority may deem necessary for purposes |
of this Section or for the private tolling authority's |
invoicing, collection, and administrative functions, including |
regular and timely access to driver's license, vehicle |
registration, and license plate information, and the |
Secretary's driver, title, and vehicle record databases. |
Section 2-123 does not apply to the provision of such |
information, but the Secretary shall be entitled to |
reimbursement for its costs in providing such information. |
(i) The Authority shall provide the Secretary and the |
private tolling authority with any information the Secretary or |
the private tolling authority may deem necessary for purposes |
of this Section or for the private tolling authority's |
invoicing, collection, and administrative functions, including |
regular and timely access to toll violation records. |
(j) As used in this Section: |
"Authority" means the Illinois State Toll Highway |
Authority. |
"Private tolling authority" means the owner, lessee, |
licensee, or operator of a toll bridge authorized under the |
Toll Bridge Act. |
"Secretary" means the Illinois Secretary of State.
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Section 99. Effective date. This Act takes effect upon |
becoming law. |