Public Act 099-0214
 
HB3788 EnrolledLRB099 10205 RJF 30430 b


  
    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 10 as follows:
 
    (605 ILCS 10/10)  (from Ch. 121, par. 100-10)

    Sec. 10. The Authority shall have power:


    (a) To pass resolutions, make by-laws, rules and 
regulations for the
management, regulation and control of its 
affairs, and to fix tolls, and to
make, enact and enforce all 
needful rules and regulations in connection
with the 
construction, operation, management, care, regulation or

protection of its property or any toll highways, constructed or

reconstructed hereunder.


    (a-5) To fix, assess, and collect civil fines for a 
vehicle's operation on
a toll highway without the required toll 
having been paid.
The Authority may
establish by rule a system 
of civil administrative adjudication to adjudicate
only 
alleged
instances of a vehicle's operation on a toll highway 
without the required toll
having been paid, as detected by the 
Authority's video or photo
surveillance system.
In cases in 
which the operator of the vehicle is not the registered
vehicle 
owner, the establishment of
ownership of the vehicle creates a 
rebuttable presumption that the vehicle was
being operated by 
an agent
of the registered vehicle owner. If the registered 
vehicle owner liable for a
violation under this Section was
not 
the operator of the vehicle at the time of the violation, the 
owner may
maintain an action for
indemnification against the 
operator in the circuit court.
Rules establishing a system of 
civil administrative
adjudication must
provide for written 
notice,
by first class mail or other means provided by law, to 
the address of the
registered owner of the cited
vehicle as 
recorded with the Secretary of State or to the lessee of the 
cited
vehicle at the last address known
to the lessor of the 
cited vehicle at the time of the lease,
of the
alleged 
violation and an opportunity to be heard on the question of the

violation and must provide for the establishment of a toll-free 
telephone
number to receive inquiries concerning alleged 
violations.
The notice shall also inform the registered vehicle 
owner that failure to
contest in the manner and time
provided 
shall be deemed an admission of liability and that a final 
order of
liability may be entered on that admission. A duly

authorized agent of the Authority may perform
or execute the 
preparation, certification, affirmation, or
mailing of the 
notice. A notice of violation, sworn or affirmed to or 
certified
by a duly authorized agent of
the Authority, or a 
facsimile of the notice, based upon an inspection of

photographs, microphotographs,
videotape, or other recorded 
images produced
by a video or photo surveillance system, shall 
be admitted as
prima facie evidence of the correctness of the 
facts contained in the notice or
facsimile.
Only civil fines,

along with the corresponding outstanding toll, and costs
may be 
imposed by
administrative adjudication.  A fine may be imposed 
under this paragraph only
if a violation is established by a 
preponderance of the evidence.  Judicial
review of all final 
orders of the Authority under this paragraph shall be
conducted 
in the circuit court of the county in which the administrative 
decision  was rendered in accordance with the Administrative 
Review Law.


    The Authority may maintain a listing or searchable database 
on its website of persons or entities that have been issued one 
or more final orders of liability with a total amount due of 
more than $1,000 for tolls, fines, unpaid late fees, or 
administrative costs that remain unpaid after the exhaustion 
of, or the failure to exhaust, the judicial review procedures 
under the Administrative Review Law. Each entry may include the 
person's or entity's name as listed on the final order of 
liability. 
    Any outstanding toll, fine, additional late payment fine, 
other
sanction,
or costs imposed, or part of any fine, other 
sanction, or costs imposed, remaining unpaid after the 
exhaustion of, or the failure to
exhaust, judicial review 
procedures under the Administrative Review
Law are a debt due 
and owing
the Authority and may be collected in accordance
with 
applicable law. After expiration of the period in
which 
judicial review under the Administrative Review Law may be

sought,
unless stayed by a court of competent jurisdiction, a 
final order of
the Authority under this subsection (a-5)
may be 
enforced in
the same manner as a judgment entered by a court of 
competent jurisdiction.
Notwithstanding any other provision of 
this Act, the Authority may, with the approval of the Attorney 
General, retain a law firm or law firms with expertise in the 
collection of government fines and debts for the purpose of 
collecting fines, costs, and other moneys due under this 
subsection (a-5).


    A system of civil administrative adjudication may also 
provide for a
program of vehicle
immobilization, tow, or 
impoundment for the purpose of facilitating
enforcement of any 
final order or orders of
the Authority under this subsection 
(a-5) that result in a finding or liability for 5 or more 
violations after
expiration of the period in which judicial 
review under the Administrative Review Law may be sought. The 
registered vehicle owner of a
vehicle immobilized, towed,
or 
impounded for nonpayment of a final order
of the Authority 
under this subsection (a-5) shall have the right
to request a 
hearing before the Authority's civil administrative 
adjudicatory
system to challenge the validity
of the 
immobilization, tow, or impoundment.
This hearing, however, 
shall not constitute a
readjudication of the merits of 
previously adjudicated notices.
Judicial review of all final 
orders of the
Authority under this subsection (a-5) shall be 
conducted
in the circuit court of the county in which the 
administrative decision was rendered in accordance with the 
Administrative Review Law.
    No commercial entity that is the lessor of a vehicle under 
a written lease agreement shall be liable for an administrative 
notice of violation for toll evasion issued under this 
subsection (a-5) involving that vehicle during the period of 
the  lease if the lessor provides a copy of the leasing 
agreement to the Authority within 30 21 days of the issue date 
on the notice of violation. The leasing agreement also must 
contain a provision or addendum informing the lessee that the 
lessee is liable for payment of all tolls and any fines for 
toll evasion. Each entity must also post a sign at the leasing 
counter notifying the lessee of that liability.  The copy of the 
leasing agreement provided to the Authority must contain the 
name, address, and driver's license number of the lessee, as 
well as the check-out and return dates and times of the vehicle 
and the vehicle license plate number and vehicle make and 
model. 
    As used in this subsection (a-5), "lessor" includes 
commercial leasing and rental entities but does not include 
public passenger vehicle entities.

    The Authority shall establish an amnesty program for

violations adjudicated under this subsection (a-5). Under the

program, any person who has an outstanding notice of violation

for toll evasion or a final order of a hearing officer for toll

evasion dated prior to the effective date of this amendatory

Act of the 94th General Assembly
and who pays to the
Authority 
the full percentage amounts listed in this paragraph
remaining 
due on the notice of violation or final order of the
hearing 
officer and the full fees and costs paid by the Authority to 
the Secretary of State relating to suspension proceedings, if 
applicable, on or before 5:00 p.m., Central Standard Time,
of 
the 60th day after the effective date of this amendatory Act
of 
the 94th General Assembly shall not be required to pay more

than the listed percentage of the original fine amount and

outstanding toll as listed on the notice of violation or final

order of the hearing officer and the full fees and costs paid 
by the Authority to the Secretary of State relating to 
suspension proceedings, if applicable. The payment percentage 
scale
shall be as follows: a person with 25 or fewer violations 
shall
be eligible for amnesty upon payment of 50% of the 
original
fine amount and the outstanding tolls; a person with 
more than
25 but fewer than 51 violations shall be eligible for 
amnesty
upon payment of 60% of the original fine amount and the

outstanding tolls; and a person with 51 or more violations

shall be eligible for amnesty upon payment of 75% of the

original fine amount and the outstanding tolls. In such a

situation, the Executive Director of the Authority or his or

her designee is authorized and directed to waive any late fine

amount above the applicable percentage of the original fine

amount. Partial payment of the amount due shall not be a basis

to extend the amnesty payment deadline nor shall it act to

relieve the person of liability for payment of the late fine


amount. In order to receive amnesty, the full amount of the

applicable percentage of the original fine amount and

outstanding toll remaining due on the notice of violation or

final order of the hearing officer and the full fees and costs 
paid by the Authority to the Secretary of State relating to 
suspension proceedings, if applicable, must be paid in full by 
5:00
p.m., Central Standard Time, of the 60th day after the

effective date of this amendatory Act of the 94th General

Assembly. This amendatory Act of the 94th General Assembly has

no retroactive effect with regard to payments already tendered

to the Authority that were full payments or payments in an

amount greater than the applicable percentage, and this Act

shall not be the basis for either a refund or a credit. This

amendatory Act of the 94th General Assembly does not apply to

toll evasion citations issued by the Illinois State Police or

other authorized law enforcement agencies and for which payment

may be due to or through the clerk of the circuit court. The

Authority shall adopt rules as necessary to implement the

provisions of this amendatory Act of the 94th General Assembly.

The Authority, by a resolution of the Board of Directors, shall

have the discretion to implement similar amnesty programs in

the future.
The Authority, at its discretion and in 
consultation with the Attorney
General, is further authorized 
to settle an administrative fine or
penalty if it determines 
that settling for less than the full amount
is in the best 
interests of the Authority after taking into account
the 
following factors:
(1) the merits of the Authority's claim 
against the respondent;
(2) the amount that can be collected 
relative to the
administrative fine or penalty owed by the 
respondent;
(3) the cost of pursuing further enforcement or 
collection
action against the respondent;
(4) the likelihood of 
collecting the full amount owed; and
(5) the burden on the 
judiciary.
The provisions in this Section may be extended to 
other
toll facilities in the State of Illinois through a duly

executed agreement between the Authority and
the operator of 
the toll facility.


    (b) To prescribe rules and regulations applicable to 
traffic on highways
under the jurisdiction of the Authority, 
concerning:


        (1) Types of vehicles permitted to use such highways or 
    parts thereof,
and classification of such vehicles;


        (2) Designation of the lanes of traffic to be used by 
    the different
types of vehicles permitted upon said 
    highways;


        (3) Stopping, standing, and parking of vehicles;


        (4) Control of traffic by means of police officers or 
    traffic control
signals;


        (5) Control or prohibition of processions, convoys, 
    and assemblages of
vehicles and persons;


        (6) Movement of traffic in one direction only on 
    designated portions of
said highways;


        (7) Control of the access, entrance, and exit of 
    vehicles and persons to
and from said highways; and


        (8) Preparation, location and installation of all 
    traffic signs;
and to prescribe further rules and 
    regulations applicable to such traffic,
concerning matters 
    not provided for either in the foregoing enumeration or
in 
    the Illinois Vehicle Code. Notice of such rules and 
    regulations
shall be posted conspicuously and displayed at 
    appropriate points and at
reasonable intervals along said 
    highways, by clearly legible markers or
signs, to provide 
    notice of the existence of such rules and regulations to

    persons traveling on said highways. At each toll station, 
    the Authority
shall make available, free of charge, 
    pamphlets containing all of such
rules and regulations.


    (c) The Authority, in fixing the rate for tolls for the 
privilege of
using the said toll highways, is authorized and 
directed, in fixing such
rates, to base the same upon annual 
estimates to be made, recorded and
filed with the Authority. 
Said estimates shall include the following: The
estimated total 
amount of the use of the toll highways; the estimated
amount of 
the revenue to be derived therefrom, which said revenue, when

added to all other receipts and income, will be sufficient to 
pay the
expense of maintaining and operating said toll 
highways, including the
administrative expenses of the 
Authority, and to discharge all obligations
of the Authority as 
they become due and payable.


    (d) To accept from any municipality or political 
subdivision any lands,
easements or rights in land needed for 
the operation, construction,
relocation or maintenance of any 
toll highways, with or without payment
therefor, and in its 
discretion to reimburse any such municipality or
political 
subdivision out of its funds for any cost or expense incurred 
in
the acquisition of land, easements or rights in land, in 
connection with
the construction and relocation of the said 
toll highways, widening,
extending roads, streets or avenues in 
connection therewith, or for the
construction of any roads or 
streets forming extension to and connections
with or between 
any toll highways, or for the cost or expense of widening,

grading, surfacing or improving any existing streets or roads 
or the
construction of any streets and roads forming extensions 
of or connections
with any toll highways constructed, 
relocated, operated, maintained or
regulated hereunder by the 
Authority. Where property owned by a
municipality or political 
subdivision is necessary to the construction of
an approved 
toll highway, if the Authority cannot reach an agreement with

such municipality or political subdivision and if the use to 
which the
property is being put in the hands of the 
municipality or political
subdivision is not essential to the 
existence or the administration of such
municipality or 
political subdivision, the Authority may acquire the
property 
by condemnation.


(Source: P.A. 98-559, eff. 1-1-14.)