Bill Amendment: IL HB3788 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: TOLL HWY-LESSOR LIABILITY
Status: 2015-07-31 - Public Act . . . . . . . . . 99-0214 [HB3788 Detail]
Download: Illinois-2015-HB3788-House_Amendment_001.html
Bill Title: TOLL HWY-LESSOR LIABILITY
Status: 2015-07-31 - Public Act . . . . . . . . . 99-0214 [HB3788 Detail]
Download: Illinois-2015-HB3788-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3788
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2 | AMENDMENT NO. ______. Amend House Bill 3788 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Toll Highway Act is amended by changing | ||||||
5 | Section 10 as follows:
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6 | (605 ILCS 10/10) (from Ch. 121, par. 100-10)
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7 | Sec. 10. The Authority shall have power:
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8 | (a) To pass resolutions, make by-laws, rules and | ||||||
9 | regulations for the
management, regulation and control of its | ||||||
10 | affairs, and to fix tolls, and to
make, enact and enforce all | ||||||
11 | needful rules and regulations in connection
with the | ||||||
12 | construction, operation, management, care, regulation or
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13 | protection of its property or any toll highways, constructed or
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14 | reconstructed hereunder.
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15 | (a-5) To fix, assess, and collect civil fines for a | ||||||
16 | vehicle's operation on
a toll highway without the required toll |
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1 | having been paid.
The Authority may
establish by rule a system | ||||||
2 | of civil administrative adjudication to adjudicate
only | ||||||
3 | alleged
instances of a vehicle's operation on a toll highway | ||||||
4 | without the required toll
having been paid, as detected by the | ||||||
5 | Authority's video or photo
surveillance system.
In cases in | ||||||
6 | which the operator of the vehicle is not the registered
vehicle | ||||||
7 | owner, the establishment of
ownership of the vehicle creates a | ||||||
8 | rebuttable presumption that the vehicle was
being operated by | ||||||
9 | an agent
of the registered vehicle owner. If the registered | ||||||
10 | vehicle owner liable for a
violation under this Section was
not | ||||||
11 | the operator of the vehicle at the time of the violation, the | ||||||
12 | owner may
maintain an action for
indemnification against the | ||||||
13 | operator in the circuit court.
Rules establishing a system of | ||||||
14 | civil administrative
adjudication must
provide for written | ||||||
15 | notice,
by first class mail or other means provided by law, to | ||||||
16 | the address of the
registered owner of the cited
vehicle as | ||||||
17 | recorded with the Secretary of State or to the lessee of the | ||||||
18 | cited
vehicle at the last address known
to the lessor of the | ||||||
19 | cited vehicle at the time of the lease,
of the
alleged | ||||||
20 | violation and an opportunity to be heard on the question of the
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21 | violation and must provide for the establishment of a toll-free | ||||||
22 | telephone
number to receive inquiries concerning alleged | ||||||
23 | violations.
The notice shall also inform the registered vehicle | ||||||
24 | owner that failure to
contest in the manner and time
provided | ||||||
25 | shall be deemed an admission of liability and that a final | ||||||
26 | order of
liability may be entered on that admission. A duly
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1 | authorized agent of the Authority may perform
or execute the | ||||||
2 | preparation, certification, affirmation, or
mailing of the | ||||||
3 | notice. A notice of violation, sworn or affirmed to or | ||||||
4 | certified
by a duly authorized agent of
the Authority, or a | ||||||
5 | facsimile of the notice, based upon an inspection of
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6 | photographs, microphotographs,
videotape, or other recorded | ||||||
7 | images produced
by a video or photo surveillance system, shall | ||||||
8 | be admitted as
prima facie evidence of the correctness of the | ||||||
9 | facts contained in the notice or
facsimile.
Only civil fines,
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10 | along with the corresponding outstanding toll, and costs
may be | ||||||
11 | imposed by
administrative adjudication. A fine may be imposed | ||||||
12 | under this paragraph only
if a violation is established by a | ||||||
13 | preponderance of the evidence. Judicial
review of all final | ||||||
14 | orders of the Authority under this paragraph shall be
conducted | ||||||
15 | in the circuit court of the county in which the administrative | ||||||
16 | decision was rendered in accordance with the Administrative | ||||||
17 | Review Law.
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18 | The Authority may maintain a listing or searchable database | ||||||
19 | on its website of persons or entities that have been issued one | ||||||
20 | or more final orders of liability with a total amount due of | ||||||
21 | more than $1,000 for tolls, fines, unpaid late fees, or | ||||||
22 | administrative costs that remain unpaid after the exhaustion | ||||||
23 | of, or the failure to exhaust, the judicial review procedures | ||||||
24 | under the Administrative Review Law. Each entry may include the | ||||||
25 | person's or entity's name as listed on the final order of | ||||||
26 | liability. |
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1 | Any outstanding toll, fine, additional late payment fine, | ||||||
2 | other
sanction,
or costs imposed, or part of any fine, other | ||||||
3 | sanction, or costs imposed, remaining unpaid after the | ||||||
4 | exhaustion of, or the failure to
exhaust, judicial review | ||||||
5 | procedures under the Administrative Review
Law are a debt due | ||||||
6 | and owing
the Authority and may be collected in accordance
with | ||||||
7 | applicable law. After expiration of the period in
which | ||||||
8 | judicial review under the Administrative Review Law may be
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9 | sought,
unless stayed by a court of competent jurisdiction, a | ||||||
10 | final order of
the Authority under this subsection (a-5)
may be | ||||||
11 | enforced in
the same manner as a judgment entered by a court of | ||||||
12 | competent jurisdiction.
Notwithstanding any other provision of | ||||||
13 | this Act, the Authority may, with the approval of the Attorney | ||||||
14 | General, retain a law firm or law firms with expertise in the | ||||||
15 | collection of government fines and debts for the purpose of | ||||||
16 | collecting fines, costs, and other moneys due under this | ||||||
17 | subsection (a-5).
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18 | A system of civil administrative adjudication may also | ||||||
19 | provide for a
program of vehicle
immobilization, tow, or | ||||||
20 | impoundment for the purpose of facilitating
enforcement of any | ||||||
21 | final order or orders of
the Authority under this subsection | ||||||
22 | (a-5) that result in a finding or liability for 5 or more | ||||||
23 | violations after
expiration of the period in which judicial | ||||||
24 | review under the Administrative Review Law may be sought. The | ||||||
25 | registered vehicle owner of a
vehicle immobilized, towed,
or | ||||||
26 | impounded for nonpayment of a final order
of the Authority |
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1 | under this subsection (a-5) shall have the right
to request a | ||||||
2 | hearing before the Authority's civil administrative | ||||||
3 | adjudicatory
system to challenge the validity
of the | ||||||
4 | immobilization, tow, or impoundment.
This hearing, however, | ||||||
5 | shall not constitute a
readjudication of the merits of | ||||||
6 | previously adjudicated notices.
Judicial review of all final | ||||||
7 | orders of the
Authority under this subsection (a-5) shall be | ||||||
8 | conducted
in the circuit court of the county in which the | ||||||
9 | administrative decision was rendered in accordance with the | ||||||
10 | Administrative Review Law. | ||||||
11 | No commercial entity that is the lessor of a vehicle under | ||||||
12 | a written lease agreement shall be liable for an administrative | ||||||
13 | notice of violation for toll evasion issued under this | ||||||
14 | subsection (a-5) involving that vehicle during the period of | ||||||
15 | the lease if the lessor provides a copy of the leasing | ||||||
16 | agreement to the Authority within 30 21 days of the issue date | ||||||
17 | on the notice of violation. The leasing agreement also must | ||||||
18 | contain a provision or addendum informing the lessee that the | ||||||
19 | lessee is liable for payment of all tolls and any fines for | ||||||
20 | toll evasion. Each entity must also post a sign at the leasing | ||||||
21 | counter notifying the lessee of that liability. The copy of the | ||||||
22 | leasing agreement provided to the Authority must contain the | ||||||
23 | name, address, and driver's license number of the lessee, as | ||||||
24 | well as the check-out and return dates and times of the vehicle | ||||||
25 | and the vehicle license plate number and vehicle make and | ||||||
26 | model. |
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1 | As used in this subsection (a-5), "lessor" includes | ||||||
2 | commercial leasing and rental entities but does not include | ||||||
3 | public passenger vehicle entities.
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4 | The Authority shall establish an amnesty program for
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5 | violations adjudicated under this subsection (a-5). Under the
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6 | program, any person who has an outstanding notice of violation
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7 | for toll evasion or a final order of a hearing officer for toll
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8 | evasion dated prior to the effective date of this amendatory
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9 | Act of the 94th General Assembly
and who pays to the
Authority | ||||||
10 | the full percentage amounts listed in this paragraph
remaining | ||||||
11 | due on the notice of violation or final order of the
hearing | ||||||
12 | officer and the full fees and costs paid by the Authority to | ||||||
13 | the Secretary of State relating to suspension proceedings, if | ||||||
14 | applicable, on or before 5:00 p.m., Central Standard Time,
of | ||||||
15 | the 60th day after the effective date of this amendatory Act
of | ||||||
16 | the 94th General Assembly shall not be required to pay more
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17 | than the listed percentage of the original fine amount and
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18 | outstanding toll as listed on the notice of violation or final
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19 | order of the hearing officer and the full fees and costs paid | ||||||
20 | by the Authority to the Secretary of State relating to | ||||||
21 | suspension proceedings, if applicable. The payment percentage | ||||||
22 | scale
shall be as follows: a person with 25 or fewer violations | ||||||
23 | shall
be eligible for amnesty upon payment of 50% of the | ||||||
24 | original
fine amount and the outstanding tolls; a person with | ||||||
25 | more than
25 but fewer than 51 violations shall be eligible for | ||||||
26 | amnesty
upon payment of 60% of the original fine amount and the
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1 | outstanding tolls; and a person with 51 or more violations
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2 | shall be eligible for amnesty upon payment of 75% of the
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3 | original fine amount and the outstanding tolls. In such a
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4 | situation, the Executive Director of the Authority or his or
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5 | her designee is authorized and directed to waive any late fine
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6 | amount above the applicable percentage of the original fine
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7 | amount. Partial payment of the amount due shall not be a basis
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8 | to extend the amnesty payment deadline nor shall it act to
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9 | relieve the person of liability for payment of the late fine
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10 | amount. In order to receive amnesty, the full amount of the
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11 | applicable percentage of the original fine amount and
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12 | outstanding toll remaining due on the notice of violation or
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13 | final order of the hearing officer and the full fees and costs | ||||||
14 | paid by the Authority to the Secretary of State relating to | ||||||
15 | suspension proceedings, if applicable, must be paid in full by | ||||||
16 | 5:00
p.m., Central Standard Time, of the 60th day after the
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17 | effective date of this amendatory Act of the 94th General
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18 | Assembly. This amendatory Act of the 94th General Assembly has
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19 | no retroactive effect with regard to payments already tendered
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20 | to the Authority that were full payments or payments in an
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21 | amount greater than the applicable percentage, and this Act
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22 | shall not be the basis for either a refund or a credit. This
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23 | amendatory Act of the 94th General Assembly does not apply to
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24 | toll evasion citations issued by the Illinois State Police or
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25 | other authorized law enforcement agencies and for which payment
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26 | may be due to or through the clerk of the circuit court. The
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1 | Authority shall adopt rules as necessary to implement the
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2 | provisions of this amendatory Act of the 94th General Assembly.
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3 | The Authority, by a resolution of the Board of Directors, shall
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4 | have the discretion to implement similar amnesty programs in
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5 | the future.
The Authority, at its discretion and in | ||||||
6 | consultation with the Attorney
General, is further authorized | ||||||
7 | to settle an administrative fine or
penalty if it determines | ||||||
8 | that settling for less than the full amount
is in the best | ||||||
9 | interests of the Authority after taking into account
the | ||||||
10 | following factors:
(1) the merits of the Authority's claim | ||||||
11 | against the respondent;
(2) the amount that can be collected | ||||||
12 | relative to the
administrative fine or penalty owed by the | ||||||
13 | respondent;
(3) the cost of pursuing further enforcement or | ||||||
14 | collection
action against the respondent;
(4) the likelihood of | ||||||
15 | collecting the full amount owed; and
(5) the burden on the | ||||||
16 | judiciary.
The provisions in this Section may be extended to | ||||||
17 | other
toll facilities in the State of Illinois through a duly
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18 | executed agreement between the Authority and
the operator of | ||||||
19 | the toll facility.
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20 | (b) To prescribe rules and regulations applicable to | ||||||
21 | traffic on highways
under the jurisdiction of the Authority, | ||||||
22 | concerning:
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23 | (1) Types of vehicles permitted to use such highways or | ||||||
24 | parts thereof,
and classification of such vehicles;
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25 | (2) Designation of the lanes of traffic to be used by | ||||||
26 | the different
types of vehicles permitted upon said |
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1 | highways;
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2 | (3) Stopping, standing, and parking of vehicles;
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3 | (4) Control of traffic by means of police officers or | ||||||
4 | traffic control
signals;
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5 | (5) Control or prohibition of processions, convoys, | ||||||
6 | and assemblages of
vehicles and persons;
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7 | (6) Movement of traffic in one direction only on | ||||||
8 | designated portions of
said highways;
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9 | (7) Control of the access, entrance, and exit of | ||||||
10 | vehicles and persons to
and from said highways; and
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11 | (8) Preparation, location and installation of all | ||||||
12 | traffic signs;
and to prescribe further rules and | ||||||
13 | regulations applicable to such traffic,
concerning matters | ||||||
14 | not provided for either in the foregoing enumeration or
in | ||||||
15 | the Illinois Vehicle Code. Notice of such rules and | ||||||
16 | regulations
shall be posted conspicuously and displayed at | ||||||
17 | appropriate points and at
reasonable intervals along said | ||||||
18 | highways, by clearly legible markers or
signs, to provide | ||||||
19 | notice of the existence of such rules and regulations to
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20 | persons traveling on said highways. At each toll station, | ||||||
21 | the Authority
shall make available, free of charge, | ||||||
22 | pamphlets containing all of such
rules and regulations.
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23 | (c) The Authority, in fixing the rate for tolls for the | ||||||
24 | privilege of
using the said toll highways, is authorized and | ||||||
25 | directed, in fixing such
rates, to base the same upon annual | ||||||
26 | estimates to be made, recorded and
filed with the Authority. |
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1 | Said estimates shall include the following: The
estimated total | ||||||
2 | amount of the use of the toll highways; the estimated
amount of | ||||||
3 | the revenue to be derived therefrom, which said revenue, when
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4 | added to all other receipts and income, will be sufficient to | ||||||
5 | pay the
expense of maintaining and operating said toll | ||||||
6 | highways, including the
administrative expenses of the | ||||||
7 | Authority, and to discharge all obligations
of the Authority as | ||||||
8 | they become due and payable.
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9 | (d) To accept from any municipality or political | ||||||
10 | subdivision any lands,
easements or rights in land needed for | ||||||
11 | the operation, construction,
relocation or maintenance of any | ||||||
12 | toll highways, with or without payment
therefor, and in its | ||||||
13 | discretion to reimburse any such municipality or
political | ||||||
14 | subdivision out of its funds for any cost or expense incurred | ||||||
15 | in
the acquisition of land, easements or rights in land, in | ||||||
16 | connection with
the construction and relocation of the said | ||||||
17 | toll highways, widening,
extending roads, streets or avenues in | ||||||
18 | connection therewith, or for the
construction of any roads or | ||||||
19 | streets forming extension to and connections
with or between | ||||||
20 | any toll highways, or for the cost or expense of widening,
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21 | grading, surfacing or improving any existing streets or roads | ||||||
22 | or the
construction of any streets and roads forming extensions | ||||||
23 | of or connections
with any toll highways constructed, | ||||||
24 | relocated, operated, maintained or
regulated hereunder by the | ||||||
25 | Authority. Where property owned by a
municipality or political | ||||||
26 | subdivision is necessary to the construction of
an approved |
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1 | toll highway, if the Authority cannot reach an agreement with
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2 | such municipality or political subdivision and if the use to | ||||||
3 | which the
property is being put in the hands of the | ||||||
4 | municipality or political
subdivision is not essential to the | ||||||
5 | existence or the administration of such
municipality or | ||||||
6 | political subdivision, the Authority may acquire the
property | ||||||
7 | by condemnation.
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8 | (Source: P.A. 98-559, eff. 1-1-14.)".
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