Bill Text: IL SB0158 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the Property Tax Code. Provides that, for a municipality with a population over 100,000, all property owned by the municipality, or property interests or rights held by the municipality, regardless of whether such property, interests, or rights are, in whole or in part, within or without its corporate limits, that is used for toll road or toll bridge purposes and that is leased or licensed for those purposes to another entity whose property or property interests or rights are not exempt shall remain exempt, and any leasehold interest in such property, interest, or rights shall not be subject to property taxes. Amends the Toll Highway Act. Provides that the Authority shall have power to enter into an intergovernmental agreement or contract with a unit of local government or other public or private entity for a private bridge operator's collection, enforcement, and administration of tolls, violations, fees, fines, charges, and penalties in connection with a bridge authorized under the Toll Bridge Act. Amends the Toll Bridge Act. Provides that county boards may fix toll rates by establishing a toll rate schedule setting a maximum toll rate. Provides that a private operator may enter into an agreement with the Illinois State Toll Highway Authority to provide electronic toll collection or toll violation enforcement services. Amends the Illinois Vehicle Code. Prescribes processes by which private and public tolling entities shall report violations to the Secretary of State. Provides that the Secretary of State may suspend a person's driver's license for failure to satisfy fines or penalties for toll violations. Prescribes process for the suspension of a driver's license due to tolling violations. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2019-08-16 - Public Act . . . . . . . . . 101-0398 [SB0158 Detail]

Download: Illinois-2019-SB0158-Chaptered.html



Public Act 101-0398
SB0158 EnrolledLRB101 06750 HLH 51777 b
AN ACT concerning revenue.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Property Tax Code is amended by changing
Section 15-60 as follows:
(35 ILCS 200/15-60)
Sec. 15-60. Taxing district property. All property
belonging to any county or municipality used exclusively for
the maintenance of the poor is exempt, as is all property owned
by a taxing district that is being held for future expansion or
development, except if leased by the taxing district to lessees
for use for other than public purposes.
Also exempt are:
(a) all swamp or overflowed lands belonging to any
county;
(b) all public buildings belonging to any county,
township, or municipality, with the ground on which the
buildings are erected;
(c) all property owned by any municipality located
within its incorporated limits. Any such property leased by
a municipality shall remain exempt, and the leasehold
interest of the lessee shall be assessed under Section
9-195 of this Act, (i) for a lease entered into on or after
January 1, 1994, unless the lease expressly provides that
this exemption shall not apply; (ii) for a lease entered
into on or after the effective date of Public Act 87-1280
and before January 1, 1994, unless the lease expressly
provides that this exemption shall not apply or unless
evidence other than the lease itself substantiates the
intent of the parties to the lease that this exemption
shall not apply; and (iii) for a lease entered into before
the effective date of Public Act 87-1280, if the terms of
the lease do not bind the lessee to pay the taxes on the
leased property or if, notwithstanding the terms of the
lease, the municipality has filed or hereafter files a
timely exemption petition or complaint with respect to
property consisting of or including the leased property for
an assessment year which includes part or all of the first
12 months of the lease period. The foregoing clause (iii)
added by Public Act 87-1280 shall not operate to exempt
property for any assessment year as to which no timely
exemption petition or complaint has been filed by the
municipality or as to which an administrative or court
decision denying exemption has become final and
nonappealable. For each assessment year or portion thereof
that property is made exempt by operation of the foregoing
clause (iii), whether such year or portion is before or
after the effective date of Public Act 87-1280, the
leasehold interest of the lessee shall, if necessary, be
considered omitted property for purposes of this Act;
(c-5) Notwithstanding clause (i) of subsection (c), or
any other law to the contrary, for a municipality with a
population over 100,000, all property owned by the a
municipality, or property interests or rights held by the
municipality, regardless of whether such property,
interests, or rights are, in whole or in part, within or
without its corporate limits, with a population of over
500,000 that is used for toll road or toll bridge purposes
and that is leased or licensed for those purposes to
another entity whose property or property interests or
rights are is not exempt shall remain exempt, and any
leasehold interest in such the property, interest, or
rights shall not be subject to taxation under Section 9-195
of this Code Act;
(d) all property owned by any municipality located
outside its incorporated limits but within the same county
when used as a tuberculosis sanitarium, farm colony in
connection with a house of correction, or nursery, garden,
or farm, or for the growing of shrubs, trees, flowers,
vegetables, and plants for use in beautifying,
maintaining, and operating playgrounds, parks, parkways,
public grounds, buildings, and institutions owned or
controlled by the municipality;
(e) all property owned by a township and operated as
senior citizen housing under Sections 35-50 through
35-50.6 of the Township Code; and
(f) all property owned by the Executive Board of the
Mutual Aid Box Alarm System (MABAS), a unit of
intergovernmental cooperation, that is used for the public
purpose of disaster preparedness and response for units of
local government and the State of Illinois pursuant to
Section 10 of Article VII of the Illinois Constitution and
the Intergovernmental Cooperation Act.
All property owned by any municipality outside of its
corporate limits is exempt if used exclusively for municipal or
public purposes.
For purposes of this Section, "municipality" means a
municipality, as defined in Section 1-1-2 of the Illinois
Municipal Code.
(Source: P.A. 98-206, eff. 1-1-14.)
Section 10. The Toll Highway Act is amended by changing
Section 11 as follows:
(605 ILCS 10/11) (from Ch. 121, par. 100-11)
Sec. 11. The Authority shall have power:
(a) To enter upon lands, waters and premises in the State
for the purpose of making surveys, soundings, drillings and
examinations as may be necessary, expedient or convenient for
the purposes of this Act, and such entry shall not be deemed to
be a trespass, nor shall an entry for such purpose be deemed an
entry under any condemnation proceedings which may be then
pending; provided, however, that the Authority shall make
reimbursement for any actual damage resulting to such lands,
waters and premises as the result of such activities.
(b) To construct, maintain and operate stations for the
collection of tolls or charges upon and along any toll
highways.
(c) To provide for the collection of tolls and charges for
the privilege of using the said toll highways. Before it adopts
an increase in the rates for toll, the Authority shall hold a
public hearing at which any person may appear, express
opinions, suggestions, or objections, or direct inquiries
relating to the proposed increase. Any person may submit a
written statement to the Authority at the hearing, whether
appearing in person or not. The hearing shall be held in the
county in which the proposed increase of the rates is to take
place. The Authority shall give notice of the hearing by
advertisement on 3 successive days at least 15 days prior to
the date of the hearing in a daily newspaper of general
circulation within the county within which the hearing is held.
The notice shall state the date, time, and place of the
hearing, shall contain a description of the proposed increase,
and shall specify how interested persons may obtain copies of
any reports, resolutions, or certificates describing the basis
on which the proposed change, alteration, or modification was
calculated. After consideration of any statements filed or oral
opinions, suggestions, objections, or inquiries made at the
hearing, the Authority may proceed to adopt the proposed
increase of the rates for toll. No change or alteration in or
modification of the rates for toll shall be effective unless at
least 30 days prior to the effective date of such rates notice
thereof shall be given to the public by publication in a
newspaper of general circulation, and such notice, or notices,
thereof shall be posted and publicly displayed at each and
every toll station upon or along said toll highways.
(d) To construct, at the Authority's discretion, grade
separations at intersections with any railroads, waterways,
street railways, streets, thoroughfares, public roads or
highways intersected by the said toll highways, and to change
and adjust the lines and grades thereof so as to accommodate
the same to the design of such grade separation and to
construct interchange improvements. The Authority is
authorized to provide such grade separations or interchange
improvements at its own cost or to enter into contracts or
agreements with reference to division of cost therefor with any
municipality or political subdivision of the State of Illinois,
or with the Federal Government, or any agency thereof, or with
any corporation, individual, firm, person or association.
Where such structures have been or will be built by the
Authority, the local highway agency or municipality with
jurisdiction shall enter into an agreement with the Authority
for the ongoing maintenance of the structures..
(e) To contract with and grant concessions to or lease or
license to any person, partnership, firm, association or
corporation so desiring the use of any part of any toll
highways, excluding the paved portion thereof, but including
the right of way adjoining, under, or over said paved portion
for the placing of telephone, telegraph, electric, power lines
and other utilities, and for the placing of pipe lines, and to
enter into operating agreements with or to contract with and
grant concessions to or to lease to any person, partnership,
firm, association or corporation so desiring the use of any
part of the toll highways, excluding the paved portion thereof,
but including the right of way adjoining, or over said paved
portion for motor fuel service stations and facilities,
garages, stores and restaurants, or for any other lawful
purpose, and to fix the terms, conditions, rents, rates and
charges for such use.
By January 1, 2016, the Authority shall construct and
maintain at least one electric vehicle charging station at any
location where the Authority has entered into an agreement with
any entity pursuant to this subsection (e) for the purposes of
providing motor fuel service stations and facilities, garages,
stores, or restaurants. The Authority shall charge a fee for
the use of these charging stations to offset the costs of
constructing and maintaining these charging stations. The
Authority shall adopt rules to implement the erection, user
fees, and maintenance of electric vehicle charging stations
pursuant to this subsection (e).
The Authority shall also have power to establish reasonable
regulations for the installation, construction, maintenance,
repair, renewal, relocation and removal of pipes, mains,
conduits, cables, wires, towers, poles and other equipment and
appliances (herein called public utilities) of any public
utility as defined in the Public Utilities Act along, over or
under any toll road project. Whenever the Authority shall
determine that it is necessary that any such public utility
facilities which now are located in, on, along, over or under
any project or projects be relocated or removed entirely from
any such project or projects, the public utility owning or
operating such facilities shall relocate or remove the same in
accordance with the order of the Authority. All costs and
expenses of such relocation or removal, including the cost of
installing such facilities in a new location or locations, and
the cost of any land or lands, or interest in land, or any
other rights required to accomplish such relocation or removal
shall be ascertained and paid by the Authority as a part of the
cost of any such project or projects, and further, there shall
be no rent, fee or other charge of any kind imposed upon the
public utility owning or operating any facilities ordered
relocated on the properties of the said Authority and the said
Authority shall grant to the said public utility owning or
operating said facilities and its successors and assigns the
right to operate the same in the new location or locations for
as long a period and upon the same terms and conditions as it
had the right to maintain and operate such facilities in their
former location or locations.
(f) To enter into an intergovernmental agreement or
contract with a unit of local government or other public or
private entity for the collection, enforcement, and
administration of tolls, fees, revenue, and violations,
including for a private bridge operator's collection,
enforcement, and administration of tolls, violations, fees,
fines, charges, and penalties in connection with a bridge
authorized under the Toll Bridge Act.
The General Assembly finds that electronic toll collection
systems in Illinois should be standardized to promote safety,
efficiency, and traveler convenience. The Authority shall
cooperate with other public and private entities to further the
goal of standardized toll collection in Illinois and is
authorized to provide toll collection and toll violation
enforcement services to such entities when doing so is in the
best interest of the Authority and consistent with its
obligations under Section 23 of this Act.
(Source: P.A. 100-71, eff. 1-1-18.)
Section 15. The Toll Bridge Act is amended by changing
Section 7 as follows:
(605 ILCS 115/7) (from Ch. 137, par. 7)
Sec. 7. The county board shall fix the rates of toll, and
may from time to time, alter and change the same, including by
establishing a toll rate schedule, setting a maximum toll rate
that may be adjusted from time to time, or by establishing
another toll rate structure, and in case of the neglect of the
owner of the bridge to keep the same in proper repair and safe
for the crossing of persons and property, may prohibit the
taking of toll. Except as regarding toll bridges or as
otherwise provided by law, nothing in this amendatory Act of
the 101st General Assembly shall be construed to authorize a
county, municipality, local government, or private operator to
impose a toll upon any public road, street, or highway; nor
shall any provision of this amendatory Act of the 101st General
Assembly be construed to authorize, pursuant to an
intergovernmental agreement or otherwise, the imposition of
any toll upon any public road, street, or highway.
The General Assembly finds that electronic toll collection
systems in Illinois should be standardized to promote safety,
efficiency, and traveler convenience. If electronic toll
collection is used on such bridge, the county shall cause the
configuration of the electronic toll collection system to be
compatible with the electronic toll collection system used by
the Illinois State Toll Highway Authority. The municipality or
private operator may enter into an intergovernmental agreement
with the Illinois State Toll Highway Authority to provide for
such compatibility or to have the Authority provide electronic
toll collection or toll violation enforcement services. Any
toll bridges in Winnebago County that are in operation and
collecting tolls on the effective date of this amendatory Act
of the 97th General Assembly are exempt from the provisions of
the Act.
(Source: P.A. 97-252, eff. 8-4-11.)
Section 20. The Illinois Vehicle Code is amended by adding
Sections 3-704.3 and 6-306.8 as follows:
(625 ILCS 5/3-704.3 new)
Sec. 3-704.3. Failure to satisfy fines or penalties for
toll bridge violations; suspension of vehicle registration.
(a) Notwithstanding any law to the contrary, upon the
Secretary's receipt of a report, as described in subsection
(b), from a private tolling authority stating that the owner of
a registered vehicle has failed to satisfy any fees, fines,
charges, or penalties resulting from a final invoice or notice
by the private tolling authority relating directly or
indirectly to 5 or more toll violations, the Secretary shall
suspend the vehicle registration of the person in accordance
with the procedures set forth in this Section.
(b) The report from the private tolling authority notifying
the Secretary of unsatisfied fees, fines, charges, or penalties
may be generated by the private tolling authority and received
by the Secretary by automated process. The report shall contain
the following:
(1) The name, last known address, and driver's license
number of the person who failed to satisfy the fees, fines,
charges, or penalties, and the registration number of any
vehicle known to be registered in this State to that
person.
(2) A statement that the private tolling authority sent
a notice of impending suspension of the person's vehicle
registration to the person named in the report at the
address recorded with the Secretary; the date on which the
notice was sent; and the address to which the notice was
sent.
(c) Following the Secretary's receipt of a report described
in subsection (b), the Secretary shall notify the person whose
name appears on the report that the person's vehicle
registration will be suspended at the end of a specified period
unless the Secretary is presented with a notice from the
private tolling authority stating that the fees, fines,
charges, or penalties owed to the private tolling authority
have been satisfied or that inclusion of that person's name on
the report described in subsection (b) was in error. The
Secretary's notice shall state in substance the information
contained in the private tolling authority's report to the
Secretary described in subsection (b), and shall be effective
as specified by subsection (c) of Section 6-211.
(d) The private tolling authority, after making a report to
the Secretary described in subsection (b), shall notify the
Secretary, on a form prescribed by the Secretary or by
automated process, whenever a person named in the report has
satisfied the previously reported fees, fines, charges, or
penalties or whenever the private tolling authority determines
that the original report was in error. A copy of the
notification shall also be given upon request and at no
additional charge to the person named therein. Upon receipt of
the private tolling authority's notification, the Secretary
shall lift the suspension.
(e) The private tolling authority shall establish
procedures for persons to challenge the accuracy of the report
described in subsection (b). The procedures shall provide the
grounds for a challenge, which may include:
(1) the person not having been the owner or lessee of
the vehicle or vehicles receiving 5 or more toll violations
on the date or dates the violations occurred; or
(2) the person having already satisfied the fees,
fines, charges, or penalties for the 5 or more toll
violations indicated on the report described in subsection
(b).
(f) The Secretary and the Authority may promulgate rules
necessary to implement this Section.
(g) The Secretary, the Authority, and the private tolling
authority shall cooperate with one another in the
administration and implementation of this Section.
(h) The Secretary shall provide the Authority and the
private tolling authority with any information the Authority or
the private tolling authority may deem necessary for the
purposes of this Section or for the private tolling authority's
invoicing, collection, and administrative functions, including
regular and timely access to driver's license, vehicle
registration, and license plate information, and the
Secretary's driver, title, and vehicle record databases.
Section 2-123 does not apply to the provision of such
information, but the Secretary shall be entitled to
reimbursement for its costs in providing such information.
(i) The Authority shall provide the Secretary and the
private tolling authority with any information the Secretary or
the private tolling authority may deem necessary for purposes
of this Section or for the private tolling authority's
invoicing, collection, and administrative functions, including
regular and timely access to toll violation records.
(j) As used in this Section:
"Authority" means the Illinois State Toll Highway
Authority.
"Private tolling authority" means the owner, lessee,
licensee, or operator of a toll bridge authorized under the
Toll Bridge Act.
"Secretary" means the Illinois Secretary of State.
(625 ILCS 5/6-306.8 new)
Sec. 6-306.8. Failure to satisfy fines or penalties for
toll bridge violations; suspension of driving privileges.
(a) Notwithstanding any law to the contrary, upon the
Secretary's receipt of a report, as described in subsection
(b), from a private tolling authority stating that the owner of
a registered vehicle has failed to satisfy any fees, fines,
charges, or penalties resulting from a final invoice or notice
by the private tolling authority relating directly or
indirectly to 5 or more toll violations, the Secretary shall
suspend the driving privileges of the person in accordance with
the procedures set forth in this Section.
(b) The report from the private tolling authority notifying
the Secretary of unsatisfied fees, fines, charges, or penalties
may be generated by the private tolling authority and received
by the Secretary by automated process. The report shall contain
the following:
(1) The name, last known address, and driver's license
number of the person who failed to satisfy the fees, fines,
charges, or penalties, and the registration number of any
vehicle known to be registered in this State to that
person.
(2) A statement that the private tolling authority sent
a notice of impending suspension of the person's driver's
license to the person named in the report at the address
recorded with the Secretary; the date on which the notice
was sent; and the address to which the notice was sent.
(c) Following the Secretary's receipt of a report described
in subsection (b), the Secretary shall notify the person whose
name appears on the report that the person's driver's license
will be suspended at the end of a specified period unless the
Secretary is presented with a notice from the private tolling
authority stating that the fees, fines, charges, or penalties
owed to the private tolling authority have been satisfied or
that inclusion of that person's name on the report described in
subsection (b) was in error. The Secretary's notice shall state
in substance the information contained in the private tolling
authority's report to the Secretary described in subsection
(b), and shall be effective as specified by subsection (c) of
Section 6-211, except as to those drivers who also have been
issued a CDL. If a person also has been issued a CDL, notice of
suspension of that person's driver's license must be given in
writing by certified mail and is effective on the date listed
in the notice of suspension, except that the notice is not
effective until 4 days after the date on which the notice was
deposited into the United States mail. The notice becomes
effective 4 days after its deposit into the United States mail
regardless of whether the Secretary of State receives the
return receipt and regardless of whether the written
notification is returned for any reason to the Secretary of
State as undeliverable.
(d) The private tolling authority, after making a report to
the Secretary described in subsection (b), shall notify the
Secretary, on a form prescribed by the Secretary or by
automated process, whenever a person named in the report has
satisfied the previously reported fees, fines, charges, or
penalties or whenever the private tolling authority determines
that the original report was in error. A copy of the
notification shall also be given upon request and at no
additional charge to the person named therein. Upon receipt of
the private tolling authority's notification, the Secretary
shall lift the suspension.
(e) The private tolling authority shall establish
procedures for persons to challenge the accuracy of the report
described in subsection (b). The procedures shall provide the
grounds for a challenge, which may include:
(1) the person not having been the owner or lessee of
the vehicle or vehicles receiving 5 or more toll violations
on the date or dates the violations occurred; or
(2) the person having already satisfied the fees,
fines, charges, or penalties for the 5 or more toll
violations indicated on the report described in subsection
(b).
(f) The Secretary and the Authority may promulgate rules
necessary to implement this Section.
(g) The Secretary, the Authority, and the private tolling
authority shall cooperate with one another in the
administration and implementation of this Section.
(h) The Secretary shall provide the Authority and the
private tolling authority with any information the Authority or
the private tolling authority may deem necessary for purposes
of this Section or for the private tolling authority's
invoicing, collection, and administrative functions, including
regular and timely access to driver's license, vehicle
registration, and license plate information, and the
Secretary's driver, title, and vehicle record databases.
Section 2-123 does not apply to the provision of such
information, but the Secretary shall be entitled to
reimbursement for its costs in providing such information.
(i) The Authority shall provide the Secretary and the
private tolling authority with any information the Secretary or
the private tolling authority may deem necessary for purposes
of this Section or for the private tolling authority's
invoicing, collection, and administrative functions, including
regular and timely access to toll violation records.
(j) As used in this Section:
"Authority" means the Illinois State Toll Highway
Authority.
"Private tolling authority" means the owner, lessee,
licensee, or operator of a toll bridge authorized under the
Toll Bridge Act.
"Secretary" means the Illinois Secretary of State.
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