State of Illinois
91st General Assembly
Legislation

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91_HB3387

 
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 1        AN ACT to amend the Toll Highway Act by changing Sections
 2    14, 14.1, and 14.2.

 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 14, 14.1, and 14.2 as follows:

 7        (605 ILCS 10/14) (from Ch. 121, par. 100-14)
 8        Sec.  14.  (a)  The  Authority  shall,   prior   to   the
 9    commencement  of any engineering and traffic study or studies
10    to determine the feasibility of constructing additional  toll
11    highways within the State of Illinois, submit to the Governor
12    for   his  approval,  the  route,  or  routes,  proposed  for
13    additional toll highways together with  an  estimate  of  the
14    cost  of the proposed study or studies. If the Governor shall
15    approve such proposed study or studies and the estimated cost
16    thereof, or shall fail to disapprove such proposed  study  or
17    studies  and  estimate  of cost thereof, within 30 days after
18    receipt thereof, the Authority may, thereupon,  proceed  with
19    such study or studies.
20        (b)  The   Authority   shall   create  a  local  advisory
21    committee of members from each county in which any portion of
22    an additional toll highway is  proposed  to  be  constructed.
23    The  committee  members  shall  be designated by township and
24    municipal governing bodies in proportion to the percentage of
25    corridor property situated within the unincorporated area  of
26    a  township  and  incorporated  municipalities located in the
27    same township.  No less than  50%  of  the  members  of  this
28    committee  shall  be  representatives  of  organized  citizen
29    groups  directly  affected  by  the  proposed  corridor.  All
30    meetings shall be held in compliance with the  Open  Meetings
31    Act.    The committee shall consider and advise the Authority
 
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 1    with respect to the impact on property owners, land use,  and
 2    other impacts of the proposed highway.
 3        (c)  As  part  of  any  studies  undertaken  pursuant  to
 4    subsection  (a)  of this Section to determine the feasibility
 5    of constructing an additional  toll  highway,  the  Authority
 6    shall prepare an estimate of the amount of toll revenues that
 7    are  reasonably likely to be collected at toll booths located
 8    on the additional toll highway within the  time  period  over
 9    which  the  Authority proposes to finance the construction of
10    the additional toll highway.  The Authority shall not  submit
11    preliminary  plans  or  estimates  of  construction costs for
12    approval by the Governor,  under  Section  14.1,  unless  the
13    Authority  shall  first have determined that the total amount
14    of such toll revenues will, with  reasonable  likelihood,  be
15    sufficient  to  defray  at  least  75%  of  the  cost  of the
16    additional toll highway.  The  Authority  shall  submit  that
17    determination  in  writing  to  the  Governor  for his or her
18    approval at the same time it submits  its  preliminary  plans
19    and  estimate  of  costs  under  Section 14.1.  The Authority
20    shall, at the same time, submit to the Governor  for  his  or
21    her  approval  an  analysis of whether and to what extent the
22    construction and financing of  the  particular  toll  highway
23    would require an increase in tolls on existing toll highways.
24    In  preparing its estimate of tolls likely to be collected on
25    the  additional  toll  highway,  the  Authority  must  employ
26    demographic and travel demand projections  and  methodologies
27    that are consistent with the projections and methodologies of
28    the   officially   designated  land  use  and  transportation
29    planning agencies for the region in which the additional toll
30    highway would be located.
31    (Source: P.A. 90-681, eff. 7-31-98.)

32        (605 ILCS 10/14.1) (from Ch. 121, par. 100-14.1)
33        Sec. 14.1.  Submission of plans to the Governor.
 
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 1        (a)  The Authority shall, prior to the  issuance  of  any
 2    bonds  under  this  Act,  except refunding bonds, prepare and
 3    submit to the Governor for his or  her  approval  preliminary
 4    plans showing the proposed location of the route or routes of
 5    the  particular  toll  highway  for which the bonds are to be
 6    issued, which plans shall designate the approximate point  of
 7    the  commencement and the termination of said route or routes
 8    and shall also designate the municipalities  to  be  afforded
 9    reasonable  connections  therewith, and to be served thereby.
10    The Authority shall at the same time submit to  the  Governor
11    for  his or her approval preliminary estimates of the cost of
12    the  construction  of  the   toll  highway,  shown  on   said
13    preliminary  plans, as well as the analysis of tolls required
14    under subsection (c) of Section 14.  If  the  Governor  shall
15    approve  the  preliminary plans, and the estimate of the cost
16    thereof, and the analysis of tolls required under  subsection
17    (c)  of  Section 14, the Authority may thereupon proceed with
18    the issuance of bonds as hereinafter provided. Prior  to  the
19    issuance  of bonds for or the commencement of construction of
20    any new toll highway for which bonds have not been issued  or
21    construction  has  not  commenced  prior  to January 1, 2000,
22    however, that particular toll highway shall be authorized  by
23    joint  resolution  of  the General Assembly, and the Governor
24    must have received and approved the  preliminary  plans,  the
25    preliminary  estimate  of  the  cost of construction, and the
26    analyses of tolls required under subsection  (c)  of  Section
27    14.
28        (b)  A   joint   resolution   of   the  General  Assembly
29    authorizing a new toll highway as required in subsection  (a)
30    of  Section  14  shall be effective for not more than 7 years
31    from the date of its adoption.   Any  such  authorization  in
32    effect on or after January 1, 2000 shall expire 7 years after
33    the adoption of the joint resolution if the Authority has not
34    yet  issued  the  bonds  for or commenced construction of the
 
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 1    authorized additional toll highway prior to  that  date.   If
 2    the  joint  resolution  of the General Assembly expires under
 3    the provisions of this Section, the Authority must  obtain  a
 4    new joint resolution of the General Assembly authorizing that
 5    particular toll highway prior to the issuance of bonds for or
 6    the  commencement  of  construction  of  that additional toll
 7    highway.  If a General Assembly  resolution  authorizes  more
 8    than  one  new  toll  highway, this Section providing for the
 9    expiration of the authorization applies  separately  to  each
10    new  tollway for which the Authority has not issued the bonds
11    or commenced construction within 7 years after  the  adoption
12    of the joint resolution.
13    (Source: P.A. 86-1164.)

14        (605 ILCS 10/14.2) (from Ch. 121, par. 100-14.2)
15        Sec.  14.2.  Prior  to  submission  of preliminary plans,
16    preliminary estimates of the cost  of  construction,  or  the
17    analyses of tolls required under subsection (c) of Section 14
18    to the Governor, the Authority shall hold a public hearing at
19    which any person may appear, express opinions, suggestions or
20    objections  or direct inquiries relating to the proposed toll
21    highway to the Directors. Any person  may  submit  a  written
22    statement  to the Authority at the hearing, whether appearing
23    in person or not. The hearing  shall  be  held  in  a  county
24    through  which the proposed toll highway is to be constructed
25    and shall be attended by at least 5 Directors. The  Authority
26    shall  give  notice  of the hearing by advertisement on three
27    successive days at least 15 days prior to  the  date  of  the
28    hearing  in  a  daily  newspaper  published in and of general
29    circulation in each county through which  the  proposed  toll
30    highway  is  to  be  constructed  or,  if  there  be  no such
31    newspaper, then in a daily newspaper of  general  circulation
32    in  the  county.  Such notice shall state the date, time, and
33    place of the hearing, the route of the proposed toll highway,
 
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 1    the municipalities to be afforded immediate  access  thereto,
 2    and  the estimated cost of the proposed toll highway, whether
 3    the proposed toll highway would generate tolls sufficient  to
 4    defray  75%  of  its  costs,  and  whether  construction  and
 5    financing  of  the  proposed  toll  highway  would require an
 6    increase in tolls on existing highways.  The  proceedings  at
 7    the  hearing  shall  be  transcribed,  the  transcript  shall
 8    thereafter  be  made available at reasonable hours for public
 9    inspection and a copy thereof together with  a  copy  of  all
10    written   statements  submitted  at  the  hearing,  shall  be
11    submitted to the Governor with  the  Authority's  preliminary
12    plans.
13    (Source: P.A. 81-1363.)

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