Bill Text: IL HB5525 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: Amends the Toll Highway Act. Provides that notices of toll violations based on recorded images must include a copy of any recorded images of the alleged violation or a website address, accessible through the Internet, where the recorded images may be viewed.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB5525 Detail]
Download: Illinois-2013-HB5525-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Toll Highway Act is amended by changing | |||||||||||||||||||||
5 | Sections 2 and 10 as follows:
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6 | (605 ILCS 10/2) (from Ch. 121, par. 100-2)
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7 | Sec. 2.
The following words and terms as used in this Act | |||||||||||||||||||||
8 | shall have the
following meanings:
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9 | (a) The word "Authority" shall mean The Illinois State Toll | |||||||||||||||||||||
10 | Highway
Authority.
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11 | (b) The word "person," shall mean any individual, firm, | |||||||||||||||||||||
12 | association,
partnership, corporation, trustee or legal | |||||||||||||||||||||
13 | representative.
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14 | (c) The word "owner," shall include all individuals, | |||||||||||||||||||||
15 | copartnerships,
firms, associations, corporations, trustees or | |||||||||||||||||||||
16 | legal representatives, and
others having any title or interest | |||||||||||||||||||||
17 | in any property, rights or easements
authorized to be acquired | |||||||||||||||||||||
18 | by this Act.
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19 | (d) The words "toll highway" or "toll highways," shall mean | |||||||||||||||||||||
20 | such
highways as are so designed and constructed, in the best | |||||||||||||||||||||
21 | professional
judgment of the engineering staff responsible, as | |||||||||||||||||||||
22 | to accomplish the
purposes of this Act.
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23 | (e) The word "toll" or "tolls" shall mean the compensation |
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1 | to be paid to
The Illinois State Toll Highway Authority for the | ||||||
2 | privilege of using any
toll highway, or portions or parts | ||||||
3 | thereof, by vehicular or other traffic.
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4 | (f) The word "cost" as applied to a toll highway shall | ||||||
5 | embrace the cost
of construction, including bridges over or | ||||||
6 | under existing highways and
railroads, the cost of acquisition | ||||||
7 | of all land, rights of way, property,
rights, easements and | ||||||
8 | interests acquired by the Authority for such
construction, the | ||||||
9 | cost of demolishing or removing any buildings or
structures on | ||||||
10 | land so acquired, including the cost of acquiring any lands
to | ||||||
11 | which such buildings or structures may be moved, the cost of | ||||||
12 | diverting
highways, interchange of highways, access to roads to | ||||||
13 | private property,
including the cost of lands or easements | ||||||
14 | therefor, the cost of all
machinery and equipment, financing | ||||||
15 | charges, interest prior to and during
construction, and for one | ||||||
16 | or more years after completion of construction,
cost of traffic | ||||||
17 | estimates and of engineering and legal expenses, plans,
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18 | specifications, surveys, estimates of cost and revenues, other | ||||||
19 | expenses
necessary or incident to determining the feasibility | ||||||
20 | or practicability of
constructing any such toll highway, | ||||||
21 | administrative expenses and such other
expense as may be | ||||||
22 | necessary or incident to the construction of the toll
highway, | ||||||
23 | the financing of such construction and the placing of the | ||||||
24 | highway
in operation.
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25 | (g) The words "recorded images" means an image showing the | ||||||
26 | motor vehicle and, on at least some portion of the recorded |
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1 | image, the registration plate number of the motor vehicle | ||||||
2 | recorded on: | ||||||
3 | (1) photographs; | ||||||
4 | (2) microphotographs; | ||||||
5 | (3) video tapes; | ||||||
6 | (4) electronic images; or | ||||||
7 | (5) video recordings. | ||||||
8 | (Source: Laws 1967, p. 2748.)
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9 | (605 ILCS 10/10) (from Ch. 121, par. 100-10)
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10 | Sec. 10. The Authority shall have power:
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11 | (a) To pass resolutions, make by-laws, rules and | ||||||
12 | regulations for the
management, regulation and control of its | ||||||
13 | affairs, and to fix tolls, and to
make, enact and enforce all | ||||||
14 | needful rules and regulations in connection
with the | ||||||
15 | construction, operation, management, care, regulation or
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16 | protection of its property or any toll highways, constructed or
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17 | reconstructed hereunder.
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18 | (a-5) To fix, assess, and collect civil fines for a | ||||||
19 | vehicle's operation on
a toll highway without the required toll | ||||||
20 | having been paid.
The Authority may
establish by rule a system | ||||||
21 | of civil administrative adjudication to adjudicate
only | ||||||
22 | alleged
instances of a vehicle's operation on a toll highway | ||||||
23 | without the required toll
having been paid, as detected by the | ||||||
24 | Authority's video or photo
surveillance system.
In cases in | ||||||
25 | which the operator of the vehicle is not the registered
vehicle |
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1 | owner, the establishment of
ownership of the vehicle creates a | ||||||
2 | rebuttable presumption that the vehicle was
being operated by | ||||||
3 | an agent
of the registered vehicle owner. If the registered | ||||||
4 | vehicle owner liable for a
violation under this Section was
not | ||||||
5 | the operator of the vehicle at the time of the violation, the | ||||||
6 | owner may
maintain an action for
indemnification against the | ||||||
7 | operator in the circuit court.
Rules establishing a system of | ||||||
8 | civil administrative
adjudication must
provide for written | ||||||
9 | notice,
by first class mail or other means provided by law, to | ||||||
10 | the address of the
registered owner of the cited
vehicle as | ||||||
11 | recorded with the Secretary of State or to the lessee of the | ||||||
12 | cited
vehicle at the last address known
to the lessor of the | ||||||
13 | cited vehicle at the time of the lease,
of the
alleged | ||||||
14 | violation and an opportunity to be heard on the question of the
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15 | violation and must provide for the establishment of a toll-free | ||||||
16 | telephone
number to receive inquiries concerning alleged | ||||||
17 | violations.
This notice must make a copy of the recorded images | ||||||
18 | of a violation accessible to the owner or lessee, either by | ||||||
19 | providing the owner or lessee with a physical copy of the | ||||||
20 | recorded images or by providing a website address, accessible | ||||||
21 | through the Internet, where the owner or lessee may view the | ||||||
22 | recorded images. The notice shall also inform the registered | ||||||
23 | vehicle owner that failure to
contest in the manner and time
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24 | provided shall be deemed an admission of liability and that a | ||||||
25 | final order of
liability may be entered on that admission. A | ||||||
26 | duly
authorized agent of the Authority may perform
or execute |
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1 | the preparation, certification, affirmation, or
mailing of the | ||||||
2 | notice. A notice of violation, sworn or affirmed to or | ||||||
3 | certified
by a duly authorized agent of
the Authority, or a | ||||||
4 | facsimile of the notice, based upon an inspection of
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5 | photographs, microphotographs,
videotape, or other recorded | ||||||
6 | images produced
by a video or photo surveillance system, shall | ||||||
7 | be admitted as
prima facie evidence of the correctness of the | ||||||
8 | facts contained in the notice or
facsimile.
Only civil fines,
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9 | along with the corresponding outstanding toll, and costs
may be | ||||||
10 | imposed by
administrative adjudication. A fine may be imposed | ||||||
11 | under this paragraph only
if a violation is established by a | ||||||
12 | preponderance of the evidence. Judicial
review of all final | ||||||
13 | orders of the Authority under this paragraph shall be
conducted | ||||||
14 | in the circuit court of the county in which the administrative | ||||||
15 | decision was rendered in accordance with the Administrative | ||||||
16 | Review Law.
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17 | The Authority may maintain a listing or searchable database | ||||||
18 | on its website of persons or entities that have been issued one | ||||||
19 | or more final orders of liability with a total amount due of | ||||||
20 | more than $1,000 for tolls, fines, unpaid late fees, or | ||||||
21 | administrative costs that remain unpaid after the exhaustion | ||||||
22 | of, or the failure to exhaust, the judicial review procedures | ||||||
23 | under the Administrative Review Law. Each entry may include the | ||||||
24 | person's or entity's name as listed on the final order of | ||||||
25 | liability. | ||||||
26 | Any outstanding toll, fine, additional late payment fine, |
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1 | other
sanction,
or costs imposed, or part of any fine, other | ||||||
2 | sanction, or costs imposed, remaining unpaid after the | ||||||
3 | exhaustion of, or the failure to
exhaust, judicial review | ||||||
4 | procedures under the Administrative Review
Law are a debt due | ||||||
5 | and owing
the Authority and may be collected in accordance
with | ||||||
6 | applicable law. After expiration of the period in
which | ||||||
7 | judicial review under the Administrative Review Law may be
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8 | sought,
unless stayed by a court of competent jurisdiction, a | ||||||
9 | final order of
the Authority under this subsection (a-5)
may be | ||||||
10 | enforced in
the same manner as a judgment entered by a court of | ||||||
11 | competent jurisdiction.
Notwithstanding any other provision of | ||||||
12 | this Act, the Authority may, with the approval of the Attorney | ||||||
13 | General, retain a law firm or law firms with expertise in the | ||||||
14 | collection of government fines and debts for the purpose of | ||||||
15 | collecting fines, costs, and other moneys due under this | ||||||
16 | subsection (a-5).
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17 | A system of civil administrative adjudication may also | ||||||
18 | provide for a
program of vehicle
immobilization, tow, or | ||||||
19 | impoundment for the purpose of facilitating
enforcement of any | ||||||
20 | final order or orders of
the Authority under this subsection | ||||||
21 | (a-5) that result in a finding or liability for 5 or more | ||||||
22 | violations after
expiration of the period in which judicial | ||||||
23 | review under the Administrative Review Law may be sought. The | ||||||
24 | registered vehicle owner of a
vehicle immobilized, towed,
or | ||||||
25 | impounded for nonpayment of a final order
of the Authority | ||||||
26 | under this subsection (a-5) shall have the right
to request a |
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1 | hearing before the Authority's civil administrative | ||||||
2 | adjudicatory
system to challenge the validity
of the | ||||||
3 | immobilization, tow, or impoundment.
This hearing, however, | ||||||
4 | shall not constitute a
readjudication of the merits of | ||||||
5 | previously adjudicated notices.
Judicial review of all final | ||||||
6 | orders of the
Authority under this subsection (a-5) shall be | ||||||
7 | conducted
in the circuit court of the county in which the | ||||||
8 | administrative decision was rendered in accordance with the | ||||||
9 | Administrative Review Law. | ||||||
10 | No commercial entity that is the lessor of a vehicle under | ||||||
11 | a written lease agreement shall be liable for an administrative | ||||||
12 | notice of violation for toll evasion issued under this | ||||||
13 | subsection (a-5) involving that vehicle during the period of | ||||||
14 | the lease if the lessor provides a copy of the leasing | ||||||
15 | agreement to the Authority within 21 days of the issue date on | ||||||
16 | the notice of violation. The leasing agreement also must | ||||||
17 | contain a provision or addendum informing the lessee that the | ||||||
18 | lessee is liable for payment of all tolls and any fines for | ||||||
19 | toll evasion. Each entity must also post a sign at the leasing | ||||||
20 | counter notifying the lessee of that liability. The copy of the | ||||||
21 | leasing agreement provided to the Authority must contain the | ||||||
22 | name, address, and driver's license number of the lessee, as | ||||||
23 | well as the check-out and return dates and times of the vehicle | ||||||
24 | and the vehicle license plate number and vehicle make and | ||||||
25 | model. | ||||||
26 | As used in this subsection (a-5), "lessor" includes |
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1 | commercial leasing and rental entities but does not include | ||||||
2 | public passenger vehicle entities.
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3 | The Authority shall establish an amnesty program for
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4 | violations adjudicated under this subsection (a-5). Under the
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5 | program, any person who has an outstanding notice of violation
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6 | for toll evasion or a final order of a hearing officer for toll
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7 | evasion dated prior to the effective date of this amendatory
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8 | Act of the 94th General Assembly
and who pays to the
Authority | ||||||
9 | the full percentage amounts listed in this paragraph
remaining | ||||||
10 | due on the notice of violation or final order of the
hearing | ||||||
11 | officer and the full fees and costs paid by the Authority to | ||||||
12 | the Secretary of State relating to suspension proceedings, if | ||||||
13 | applicable, on or before 5:00 p.m., Central Standard Time,
of | ||||||
14 | the 60th day after the effective date of this amendatory Act
of | ||||||
15 | the 94th General Assembly shall not be required to pay more
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16 | than the listed percentage of the original fine amount and
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17 | outstanding toll as listed on the notice of violation or final
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18 | order of the hearing officer and the full fees and costs paid | ||||||
19 | by the Authority to the Secretary of State relating to | ||||||
20 | suspension proceedings, if applicable. The payment percentage | ||||||
21 | scale
shall be as follows: a person with 25 or fewer violations | ||||||
22 | shall
be eligible for amnesty upon payment of 50% of the | ||||||
23 | original
fine amount and the outstanding tolls; a person with | ||||||
24 | more than
25 but fewer than 51 violations shall be eligible for | ||||||
25 | amnesty
upon payment of 60% of the original fine amount and the
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26 | outstanding tolls; and a person with 51 or more violations
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1 | shall be eligible for amnesty upon payment of 75% of the
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2 | original fine amount and the outstanding tolls. In such a
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3 | situation, the Executive Director of the Authority or his or
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4 | her designee is authorized and directed to waive any late fine
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5 | amount above the applicable percentage of the original fine
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6 | amount. Partial payment of the amount due shall not be a basis
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7 | to extend the amnesty payment deadline nor shall it act to
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8 | relieve the person of liability for payment of the late fine
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9 | amount. In order to receive amnesty, the full amount of the
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10 | applicable percentage of the original fine amount and
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11 | outstanding toll remaining due on the notice of violation or
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12 | final order of the hearing officer and the full fees and costs | ||||||
13 | paid by the Authority to the Secretary of State relating to | ||||||
14 | suspension proceedings, if applicable, must be paid in full by | ||||||
15 | 5:00
p.m., Central Standard Time, of the 60th day after the
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16 | effective date of this amendatory Act of the 94th General
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17 | Assembly. This amendatory Act of the 94th General Assembly has
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18 | no retroactive effect with regard to payments already tendered
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19 | to the Authority that were full payments or payments in an
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20 | amount greater than the applicable percentage, and this Act
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21 | shall not be the basis for either a refund or a credit. This
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22 | amendatory Act of the 94th General Assembly does not apply to
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23 | toll evasion citations issued by the Illinois State Police or
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24 | other authorized law enforcement agencies and for which payment
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25 | may be due to or through the clerk of the circuit court. The
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26 | Authority shall adopt rules as necessary to implement the
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1 | provisions of this amendatory Act of the 94th General Assembly.
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2 | The Authority, by a resolution of the Board of Directors, shall
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3 | have the discretion to implement similar amnesty programs in
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4 | the future.
The Authority, at its discretion and in | ||||||
5 | consultation with the Attorney
General, is further authorized | ||||||
6 | to settle an administrative fine or
penalty if it determines | ||||||
7 | that settling for less than the full amount
is in the best | ||||||
8 | interests of the Authority after taking into account
the | ||||||
9 | following factors:
(1) the merits of the Authority's claim | ||||||
10 | against the respondent;
(2) the amount that can be collected | ||||||
11 | relative to the
administrative fine or penalty owed by the | ||||||
12 | respondent;
(3) the cost of pursuing further enforcement or | ||||||
13 | collection
action against the respondent;
(4) the likelihood of | ||||||
14 | collecting the full amount owed; and
(5) the burden on the | ||||||
15 | judiciary.
The provisions in this Section may be extended to | ||||||
16 | other
toll facilities in the State of Illinois through a duly
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17 | executed agreement between the Authority and
the operator of | ||||||
18 | the toll facility.
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19 | (b) To prescribe rules and regulations applicable to | ||||||
20 | traffic on highways
under the jurisdiction of the Authority, | ||||||
21 | concerning:
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22 | (1) Types of vehicles permitted to use such highways or | ||||||
23 | parts thereof,
and classification of such vehicles;
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24 | (2) Designation of the lanes of traffic to be used by | ||||||
25 | the different
types of vehicles permitted upon said | ||||||
26 | highways;
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1 | (3) Stopping, standing, and parking of vehicles;
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2 | (4) Control of traffic by means of police officers or | ||||||
3 | traffic control
signals;
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4 | (5) Control or prohibition of processions, convoys, | ||||||
5 | and assemblages of
vehicles and persons;
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6 | (6) Movement of traffic in one direction only on | ||||||
7 | designated portions of
said highways;
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8 | (7) Control of the access, entrance, and exit of | ||||||
9 | vehicles and persons to
and from said highways; and
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10 | (8) Preparation, location and installation of all | ||||||
11 | traffic signs;
and to prescribe further rules and | ||||||
12 | regulations applicable to such traffic,
concerning matters | ||||||
13 | not provided for either in the foregoing enumeration or
in | ||||||
14 | the Illinois Vehicle Code. Notice of such rules and | ||||||
15 | regulations
shall be posted conspicuously and displayed at | ||||||
16 | appropriate points and at
reasonable intervals along said | ||||||
17 | highways, by clearly legible markers or
signs, to provide | ||||||
18 | notice of the existence of such rules and regulations to
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19 | persons traveling on said highways. At each toll station, | ||||||
20 | the Authority
shall make available, free of charge, | ||||||
21 | pamphlets containing all of such
rules and regulations.
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22 | (c) The Authority, in fixing the rate for tolls for the | ||||||
23 | privilege of
using the said toll highways, is authorized and | ||||||
24 | directed, in fixing such
rates, to base the same upon annual | ||||||
25 | estimates to be made, recorded and
filed with the Authority. | ||||||
26 | Said estimates shall include the following: The
estimated total |
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1 | amount of the use of the toll highways; the estimated
amount of | ||||||
2 | the revenue to be derived therefrom, which said revenue, when
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3 | added to all other receipts and income, will be sufficient to | ||||||
4 | pay the
expense of maintaining and operating said toll | ||||||
5 | highways, including the
administrative expenses of the | ||||||
6 | Authority, and to discharge all obligations
of the Authority as | ||||||
7 | they become due and payable.
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8 | (d) To accept from any municipality or political | ||||||
9 | subdivision any lands,
easements or rights in land needed for | ||||||
10 | the operation, construction,
relocation or maintenance of any | ||||||
11 | toll highways, with or without payment
therefor, and in its | ||||||
12 | discretion to reimburse any such municipality or
political | ||||||
13 | subdivision out of its funds for any cost or expense incurred | ||||||
14 | in
the acquisition of land, easements or rights in land, in | ||||||
15 | connection with
the construction and relocation of the said | ||||||
16 | toll highways, widening,
extending roads, streets or avenues in | ||||||
17 | connection therewith, or for the
construction of any roads or | ||||||
18 | streets forming extension to and connections
with or between | ||||||
19 | any toll highways, or for the cost or expense of widening,
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20 | grading, surfacing or improving any existing streets or roads | ||||||
21 | or the
construction of any streets and roads forming extensions | ||||||
22 | of or connections
with any toll highways constructed, | ||||||
23 | relocated, operated, maintained or
regulated hereunder by the | ||||||
24 | Authority. Where property owned by a
municipality or political | ||||||
25 | subdivision is necessary to the construction of
an approved | ||||||
26 | toll highway, if the Authority cannot reach an agreement with
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1 | such municipality or political subdivision and if the use to | ||||||
2 | which the
property is being put in the hands of the | ||||||
3 | municipality or political
subdivision is not essential to the | ||||||
4 | existence or the administration of such
municipality or | ||||||
5 | political subdivision, the Authority may acquire the
property | ||||||
6 | by condemnation.
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7 | (Source: P.A. 98-559, eff. 1-1-14.)
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