| ||||
| Public Act 101-0398 | ||||
| ||||
| ||||
AN ACT concerning revenue.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Property Tax Code is amended by changing | ||||
Section 15-60 as follows:
| ||||
(35 ILCS 200/15-60)
| ||||
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
| ||||
for use for other than public purposes.
| ||||
Also exempt are:
| ||||
(a) all swamp or overflowed lands belonging to any | ||||
county;
| ||||
(b) all public buildings belonging to any county, | ||||
township, or
municipality, with the ground on which the | ||||
buildings are erected;
| ||||
(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 | ||||
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
| ||
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
| ||
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 | ||
considered omitted property for purposes of this Act;
| ||
(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;
| ||
(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;
| ||
(e) all property owned by a township and operated as | ||
senior citizen
housing under Sections 35-50 through | ||
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.
| ||
All property owned by any municipality outside of its | ||
corporate limits is
exempt if used exclusively for municipal or | ||
public purposes.
| ||
For purposes of this Section, "municipality" means a | ||
municipality, as
defined in Section 1-1-2 of the Illinois | ||
Municipal Code.
| ||
(Source: P.A. 98-206, eff. 1-1-14.)
| ||
Section 10. The Toll Highway Act is amended by changing | ||
Section 11 as follows: | ||
(605 ILCS 10/11) (from Ch. 121, par. 100-11)
| ||
Sec. 11. The Authority shall have power:
| ||
(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 | ||
entry under any condemnation proceedings which may be
then | ||
pending; provided, however, that the Authority shall make
| ||
reimbursement for any actual damage resulting to such lands, | ||
waters and
premises as the result of such activities.
| ||
(b) To construct, maintain and operate stations for the | ||
collection of
tolls or charges upon and along any toll | ||
highways.
| ||
(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.
| ||
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 | ||
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.
| ||
(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
| ||
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
| ||
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..
| ||
(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,
| ||
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.
| ||
By January 1, 2016, the Authority shall construct and
| ||
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 | ||
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
| ||
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
| ||
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
| ||
right to operate the same in the new location or locations for | ||
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.
| ||
(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.
| ||
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.
| ||
(Source: P.A. 100-71, eff. 1-1-18.)
| ||
Section 15. The Toll Bridge Act is amended by changing | ||
Section 7 as follows:
| ||
(605 ILCS 115/7) (from Ch. 137, par. 7)
| ||
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 | ||
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.
| ||
(Source: P.A. 97-252, eff. 8-4-11.)
| ||
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 | ||
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 | ||
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
| ||
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 | ||
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) | ||
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. | ||
(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 | ||
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 | ||
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.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||