Bill Text: IL HB0394 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: Amends the Toll Highway Act. Provides that the Illinois State Toll Highway Authority shall not charge a toll for a vehicle of the first division pulling a trailer with no more than 2 axles at a rate higher than an amount calculated by multiplying the toll charged to passenger vehicles using an I-PASS device by the total number of axles on the trailer. Provides that the toll rate applies to drivers who use an I-PASS device or use cash to pay a toll. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2021-05-29 - Rule 3-9(a) / Re-referred to Assignments [HB0394 Detail]

Download: Illinois-2021-HB0394-Engrossed.html

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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 19 as follows:
(605 ILCS 10/19) (from Ch. 121, par. 100-19)
Sec. 19. Toll rates. The Authority shall fix and revise
from time to time, tolls or charges or rates for the privilege
of using each of the toll highways constructed pursuant to
this Act. Such tolls shall be so fixed and adjusted at rates
calculated to provide the lowest reasonable toll rates that
will provide funds sufficient with other revenues of the
Authority to pay, (a) the cost of the construction of a toll
highway authorized by joint resolution of the General Assembly
pursuant to Section 14.1 and the reconstruction, major repairs
or improvements of toll highways, (b) the cost of maintaining,
repairing, regulating and operating the toll highways
including only the necessary expenses of the Authority, and
(c) the principal of all bonds, interest thereon and all
sinking fund requirements and other requirements provided by
resolutions authorizing the issuance of the bonds as they
shall become due. In fixing the toll rates pursuant to this
Section 19 and Section 10(c) of this Act, the Authority shall

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take into account the effect of the provisions of this Section
19 permitting the use of the toll highway system without
payment of the covenants of the Authority contained in the
resolutions and trust indentures authorizing the issuance of
bonds of the Authority. No such provision permitting the use
of the toll highway system without payment of tolls after the
date of this amendatory Act of the 95th General Assembly shall
be applied in a manner that impairs the rights of bondholders
pursuant to any resolution or trust indentures authorizing the
issuance of bonds of the Authority. The use and disposition of
any sinking or reserve fund shall be subject to such
regulation as may be provided in the resolution or trust
indenture authorizing the issuance of the bonds. Subject to
the provisions of any resolution or trust indenture
authorizing the issuance of bonds any moneys in any such
sinking fund in excess of an amount equal to one year's
interest on the bonds then outstanding secured by such sinking
fund may be applied to the purchase or redemption of bonds. All
such bonds so redeemed or purchased shall forthwith be
cancelled and shall not again be issued. The Authority shall
not charge a toll for a motor vehicle of the first division, as
defined in the Illinois Vehicle Code, pulling a trailer, as
defined in the Illinois Vehicle Code, with no more than 2 axles
at a rate higher than an amount calculated by multiplying the
toll charged to passenger vehicles using an I-PASS device by
the total number of axles on the trailer. This toll rate set by

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this amendatory Act of the 102nd General Assembly applies to
both a driver who uses an I-PASS device and a driver who uses
cash to pay tolls. No person shall be permitted to use any toll
highway without paying the toll established under this Section
except when on official Toll Highway Authority business which
includes police and other emergency vehicles. However, any law
enforcement agency vehicle, fire department vehicle, public or
private ambulance service vehicle engaged in the performance
of an emergency service or duty that necessitates the use of
the toll highway system, or other emergency vehicle that is
plainly marked shall not be required to pay a toll to use a
toll highway. A law enforcement, fire protection, or emergency
services officer driving a law enforcement, fire protection,
emergency services agency vehicle, or public or private
ambulance service vehicle engaging in the performance of
emergency services or duties that is not plainly marked must
present an Official Permit Card which the law enforcement,
fire protection, or emergency services officer receives from
his or her law enforcement, fire protection, emergency
services agency, or public or private ambulance service in
order to use a toll highway without paying the toll. A law
enforcement, fire protection, emergency services agency, or
public or private ambulance service engaging in the
performance of emergency services or duties must apply to the
Authority to receive a permit, and the Authority shall adopt
rules for the issuance of a permit, that allows public or

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private ambulance service vehicles engaged in the performance
of emergency services or duties that necessitate the use of
the toll highway system and all law enforcement, fire
protection, or emergency services agency vehicles of the law
enforcement, fire protection, or emergency services agency to
use any toll highway without paying the toll established under
this Section. The Authority shall maintain in its office a
list of all persons that are authorized to use any toll highway
without charge when on official business of the Authority and
such list shall be open to the public for inspection. In
recognition of the unique role of public transportation in
providing effective transportation in the Authority's service
region, and to give effect to the exemption set forth in
subsection (b) of Section 2.06 of the Regional Transportation
Authority Act, the following vehicles may use any toll highway
without paying the toll: (1) a vehicle owned or operated by the
Suburban Bus Division of the Regional Transportation Authority
that is being used to transport passengers for hire; and (2)
any revenue vehicle that is owned or operated by a Mass Transit
District created under Section 3 of the Local Mass Transit
District Act and running regular scheduled service.
Among other matters, this amendatory Act of 1990 is
intended to clarify and confirm the prior intent of the
General Assembly to allow toll revenues from the toll highway
system to be used to pay a portion of the cost of the
construction of the North-South Toll Highway authorized by

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Senate Joint Resolution 122 of the 83rd General Assembly in
1984.
(Source: P.A. 100-739, eff. 1-1-19.)