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91_HB3381 LRB9112145DHks 1 AN ACT to amend the Toll Highway Act by changing Sections 2 18, 23, and 24. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Toll Highway Act is amended by changing 6 Sections 18, 23, and 24 as follows: 7 (605 ILCS 10/18) (from Ch. 121, par. 100-18) 8 Sec. 18. The sums of money appropriated by the General 9 Assembly (other than sums appropriated from the Illinois 10 State Toll Highway Authority Fund) for the payment of 11 ordinary and contingent expenses of the Authority or the 12 payment of compensation of the members of the Authority 13 expended as a part of the cost of a toll highway financed by 14 revenue bonds issued and sold by the Authority under this Act 15 shall be repaid to the State Treasury out of the proceeds of 16 the sale of such bonds, for deposit in the fund from which 17 such sums were appropriated. Any such sums remaining unpaid 18 because expended for preliminary investigation of toll 19 highway routes not constructed shall be repaid by the 20 Authority out of the proceeds of the sale of any of such 21 bonds issued to finance additional toll highways or 22 extensions of existing toll highways. If no such new bonds 23 are issued, and the money appropriated by the General 24 Assembly has not otherwise been repaid in full, then the 25 Authority shall, after payment of all existing bonds and 26 interest thereon, continue to collect tolls for the privilege 27 of using the toll highways constructed pursuant to the 28 authority of "An Act in relation to the construction, 29 operation, regulation and maintenance of a system of toll 30 highways and to create The Illinois State Toll Highway 31 Commission, and to define its powers and duties and to repeal -2- LRB9112145DHks 1 an Act therein named", approved July 13, 1953, as amended, 2 until such time as the tolls collected are sufficient to 3 repay any such unpaid money. The tolls so collected shall be 4 paid by the Authority to the State treasury for deposit in 5 the fund from which such sums were appropriated. 6 (Source: Laws 1968, p. 199.) 7 (605 ILCS 10/23) (from Ch. 121, par. 100-23) 8 Sec. 23. Plans; budgets, audits. The Authority shall 9 file with the Governor, the Clerk of the House of 10 Representatives, the Secretary of the Senate, and the 11 Illinois Economic and Fiscal Commission, on or prior to March 12 15th of each year, a written statement and report covering 13 its activities for the preceding calendar year. The 14 Authority shall present, to the committees of the House of 15 Representatives designated by the Speaker of the House and to 16 the committees of the Senate designated by the President of 17 the Senate, an annual report outlining its planned revenues 18 and expenditures. The Authority shall prepare an annual 19 capital plan which identifies capital projects by location 20 and details the project costs in correct dollar amounts. The 21 Authority shall also prepare and file a ten-year capital plan 22 that includes a listing of all capital improvement projects 23 contemplated during the ensuing ten-year period. The first 24 ten-year capital plan shall be filed in 1991 and thereafter 25 on the anniversary of each ten-year period. 26 Prior to the beginning of a fiscal year, the Authority 27 shall submit a comprehensive budget request for that fiscal 28 year to the General Assembly. 29 It shall also be the duty of the Auditor General of the 30 State of Illinois, annually to audit or cause to be audited 31 the books and records of the Authority and to file a 32 certified copy of the report of such audit with the Governor 33 and with the Legislative Audit Commission, which audit -3- LRB9112145DHks 1 reports, when so filed, shall be open to the public for 2 inspection. 3 (Source: P.A. 91-256, eff. 1-1-00.) 4 (605 ILCS 10/24) (from Ch. 121, par. 100-24) 5 Sec. 24. Except as otherwise provided in any bond 6 resolution, the proceeds derived from the sale of bonds, and 7 all receipts and income derived from tolls, licenses, gifts, 8 donations, concessions, fees, rentals, and all other revenues 9 from whatever source derived, shall, within three days after 10 receipt thereof, be paid to the Treasurer of the State of 11 Illinois, and held by him as a special fund known as the 12 Illinois State Toll Highway Authority Fund, except that the 13 Authority may retain portions of the Illinois State Toll 14 Highway Authority Fund as a locally maintained construction 15 fund revolving account and as a revenue fund revolving 16 account, where authorized by a bond resolution, and as 17 locally maintained change funds, where necessary for the 18 operations of the Authority. The State Treasurer shall be ex 19 officio custodian of such special fund, which fund shall be 20 held, invested and disbursed for the purposes provided herein 21 upon the order of the Authority and in accordance with 22 provisions and covenants of any bond resolution authorizing 23 the issuance of bonds which have not been paid or deemed 24 paid. The interest accruing on said special fund shall be 25 computed and added to the principal thereof every six months. 26 In addition to the special audits prescribed by this Act, the 27 said fund shall also be subject to audit in the same manner 28 as is now, or may hereinafter be, provided for the audit of 29 State funds and accounts. The said special fund shall be 30 protected by a corporate surety bond, executed by the 31 Treasurer, with a surety authorized to do business under the 32 laws of the State of Illinois. The amount of said bond shall 33 be fixed by resolution of the Authority, approved by the -4- LRB9112145DHks 1 Governor, and may be increased or diminished at any time. The 2 premiums on said bond shall be payable from the funds of the 3 Authority. The bond shall be subject to the approval of the 4 Governor and Attorney General of the State of Illinois, and, 5 when so approved, shall be filed in the office of the 6 Secretary of State. Said special fund shall be considered 7 always appropriated for the purposes of disbursements, as 8 provided in this Act, and shall be paid out and disbursed 9 only as provided herein, and shall not, at any time be 10 appropriated or diverted to any other use or purpose. 11 However, all amounts for the ordinary and contingent expenses 12 for the Authority's annual operations are subject to annual 13 appropriation by the General Assembly for every State fiscal 14 year. 15 (Source: P.A. 83-1258.) 16 Section 99. Effective date. This Act takes effect upon 17 becoming law.