TOLL HWY-ELECTRONIC COLLECTION
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SB 3085 — TOLL HWY-ELECTRONIC COLLECTION
Last action — Session Sine Die
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 93rd Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Amends the Toll Highway Act. Provides that the Toll Highway Authority has the power to enter into an intergovernmental agreement or contract with a unit of local government or other public or private entity for the collection by electronic means of tolls, fees, or revenues. Requires the Governor to appoint, with the advice and consent of the Senate, an Inspector General for the Authority, setting forth his or her powers and duties. Places certain restrictions on directors of the Illinois State Toll Highway Authority and their employees and agents concerning receiving financial benefit from their positions or employment with the Authority. Makes changes concerning enforcement of tolls. Provides that the Office of the Inspector General shall be represented in all legal matters by the Attorney General. Requires General Assembly review of expenditures of excess Authority moneys. Requires the Authority to establish an amnesty program for toll violations. Establishes procedures for, and limitations on, the amnesty. Sets procedures for administrative adjudication of violations recorded by photo surveillance. Provides that toll evasion offenses adjudicated in the Authority's administration system are not subject to the fine range for petty offenses. Provides that it is a violation of the Act to operate on a toll highway a vehicle with a license plate covered with any material that obstructs the electronic image recording of the plate. Provides that a law enforcement officer may confiscate a license plate if the plate was treated with a substance to block electronic image recording. Makes other changes. Effective immediately.
Bill Text
What changed in the latest version
664 added · 710 removedPlain-language change summary
The latest amendment to SB 3085 introduces provisions for the Toll Highway Authority to collaborate with local governments and other entities for collecting tolls electronically. It also establishes a role for an Inspector General appointed by the Governor, who will oversee the Authority's operations and address any misconduct. These changes are significant because they aim to enhance the efficiency of toll collection and improve oversight, which could lead to better service and accountability for the public.
SB3085 *LRB09318774DRH44506b*Engrossed 93RDLRB093 GENERAL18774 ASSEMBLYDRH State44506 ofb IllinoisAN andACT 2004in Introducedrelation 2/6/2004,to bytransportation. Jeffrey M.
Schoenberg SYNOPSIS AS INTRODUCED:
ILCS 10/8.1 new ILCS 10/10 from Ch.
121, par.
100-10 ILCS 10/11 from Ch.
121, par.
100-11 ILCS 10/16.2 new ILCS 10/17 from Ch.
121, par.
100-17 ILCS 10/27.1 from Ch.
121, par.
100-27.1 ILCS 10/27.2 new Amends the Toll Highway Act.
Provides that the Toll Highway Authority has the power to enter into an intergovernmental agreement or contract with a unit of local government or other public or private entity for the collection by electronic means of tolls, fees, or revenues.
Requires the Governor to appoint, with the advice and consent of the Senate, an Inspector General for the Authority, setting forth his or her powers and duties.
Places certain restrictions on directors of the Illinois State Toll Highway Authority and their employees and agents concerning receiving financial benefit from their positions or employment with the Authority.
Makes changes concerning enforcement of tolls.
Provides that the Office of the Inspector General shall be represented in all legal matters by the Attorney General.
Requires General Assembly review of expenditures of excess Authority moneys.
Requires the Authority to establish an amnesty program for toll violations.
Establishes procedures for, and limitations on, the amnesty.
Sets procedures for administrative adjudication of violations recorded by photo surveillance.
Provides that toll evasion offenses adjudicated in the Authority’s administration system are not subject to the fine range for petty offenses.
Provides that it is a violation of the Act to operate on a toll highway a vehicle with a license plate covered with any material that obstructs the electronic image recording of the plate.
Provides that a law enforcement officer may confiscate a license plate if the plate was treated with a substance to block electronic image recording.
Makes other changes.
Effective immediately.
LRB093 18774 DRH 44506 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB3085 LRB093 18774 DRH 44506 b AN ACT in relation to Transportation.
(1) has not been convicted of any felony under the laws of this State, another State,state, or the United States;
and (3) has either (A) 5 or more years of service with a federal, State, or local law enforcement agency, at least 2 SB3085 Engrossed - 2 - LRB093 18774 DRH 44506 b years of which have been in a progressive investigatory capacity;
A person duly subpoenaed for SB3085 Engrossed - 3 - LRB093 18774 DRH 44506 b testimony, documents, or other items who neglects or refuses to testify or produce documents or other items under the requirements of the subpoena shall be subject to punishment as may be determined by a court of competent jurisdiction, unless (i) the testimony, documents, or other items are covered by the attorney-client privilege or any other privilege recognized by lawState or (ii)federal thelaw. testimony, documents, or other items concern the representation of employees and the negotiation of collective bargaining agreements by a labor organization authorized and recognized under the Illinois Public Labor Relations Act to be the exclusive bargaining representatives of employees of the State agency.
The Inspector General may not, after receipt of a complaint or information from an employee, disclose the identity of the employee without the consent of the employee, unless the Inspector General determines that disclosure of the identity is SB3085 - 4 - LRB093 18774 DRH 44506 b reasonable and necessary for the furtherance of the investigation.
Any employee who has the authority to recommend or approve any personnel action or to direct others to recommend or approve any personnel action may not, with respect to that authority, take or threaten to take any action against any SB3085 Engrossed - 4 - LRB093 18774 DRH 44506 b employee as a reprisal for making a complaint or disclosing information to the Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.
Any employee of the Authority subject to investigation or inquiry by the Inspector General, or any agent or representative of the Inspector General, concerning misconduct that is criminal in nature shall have the right to be notified of the right to remain silent during the investigation or inquiry and the right to be represented in the investigation or inquiry by a representative of a labor organization that is the exclusive collective bargaining representative of employees of the Authority.
Any recommendation for discipline or any action taken against any employee by the Inspector General, or any representative or agent of the Inspector General, must be undertaken in a manner consistent with the rights of the SB3085 - 5 - LRB093 18774 DRH 44506 b employees as set forth in State and federal law and applicable judicial decisions.
The summaries shall SB3085 Engrossed - 5 - LRB093 18774 DRH 44506 b detail the final disposition of the Inspector General’s recommendations.
If the registered vehicle owner liable for a violation under this Section was not SB3085 - 6 - LRB093 18774 DRH 44506 b the operator of the vehicle at the time of the violation, the owner may maintain an action for indemnification against the operator in the circuit court.
Rules establishing a system of civil administrative adjudication must provide for written notice, by first class mail or other means provided by law, to the address of the registered owner of the cited vehicle as SB3085 Engrossed - 6 - LRB093 18774 DRH 44506 b recorded with the Secretary of State or to the lessee of the cited vehicle at the last address known to the lessor of the cited vehicle at the time of the lease, of the alleged violation and an opportunity to be heard on the question of the violation and must provide for the establishment of a toll-free telephone number to receive inquiries concerning alleged violations.
Any outstanding toll, fine, additional late payment fine, other sanction, or costs imposed, or part of any fine, other sanction, or costs imposed, remaining unpaid after the SB3085 - 7 - LRB093 18774 DRH 44506 b exhaustion of, or the failure to exhaust, judicial review procedures under the Illinois Administrative Review Law are a debt due and owing the Authority and may be collected in accordance with applicable law.
After expiration of the period in which judicial review under the Illinois Administrative Review Law may be sought, unless stayed by a court of competent SB3085 Engrossed - 7 - LRB093 18774 DRH 44506 b jurisdiction, a final order of the Authority under this subsection (a-5) may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.
Notwithstanding any other provision of this Act, the Authority maymay, with the approval of the Attorney General, retain a law firm or law firms with expertise in the collection of government fines and debts for the purpose of collecting fines, costs, and other moneys due under this subsection (a-5).
Upon being recorded in the manner required by Article XII of the Code of Civil Procedure or by the Uniform Commercial Code, a lien shall be imposed on the real estate or personal estate, or both, of the party adjudicated liable in the amount of any debt due and owing the Authority under this subsection (a-5) if the debt is $500 or more.
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The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction.
Judicial review of all final SB3085 - 8 - LRB093 18774 DRH 44506 b orders of the Authority under this subsection (a-5) shall be conducted in accordance with the Administrative Review Law.
The copy of the SB3085 Engrossed - 8 - LRB093 18774 DRH 44506 b leasing agreement provided to the Authority must contain the name, address, and driver’s license number of the lessee.
a person with 25 or fewer violations shall SB3085 - 9 - LRB093 18774 DRH 44506 b be eligible for amnesty upon payment of 50% of the original fine amount and the outstanding tolls;
Partial payment of the amount due shall not be a basis to extend the amnesty payment deadline nor shall it act to relieve the person of liability for payment of the late fine SB3085 Engrossed - 9 - LRB093 18774 DRH 44506 b amount.
This Amendatoryamendatory Act of the 93rd General Assembly does not apply to toll evasion citations issued by the Illinois State Police or other authorized law enforcement agencies and for which payment may be due to or through the clerk of the circuit court.
SB3085 - 10 - LRB093 18774 DRH 44506 b (1) Types of vehicles permitted to use such highways or parts thereof, and classification of such vehicles;
(7) Control of the access, entrance, and exit of SB3085 Engrossed - 10 - LRB093 18774 DRH 44506 b vehicles and persons to and from said highways;
the estimated amount of the revenue to be derived therefrom, which said revenue, when added to all other receipts and income, will be sufficient to pay the expense of maintaining and operating said toll highways, including the administrative expenses of the SB3085 - 11 - LRB093 18774 DRH 44506 b Authority, and to discharge all obligations of the Authority as they become due and payable.
(d) To accept from any municipality or political subdivision any lands, easements or rights in land needed for the operation, construction, relocation or maintenance of any toll highways, with or without payment therefor, and in its discretion to reimburse any such municipality or political subdivision out of its funds for any cost or expense incurred in the acquisition of land, easements or rights in land, in connection with the construction and relocation of the said toll highways, widening, extending roads, streets or avenues in connection therewith, or for the construction of any roads or streets forming extension to and connections with or between SB3085 Engrossed - 11 - LRB093 18774 DRH 44506 b any toll highways, or for the cost or expense of widening, grading, surfacing or improving any existing streets or roads or the construction of any streets and roads forming extensions of or connections with any toll highways constructed, relocated, operated, maintained or regulated hereunder by the Authority.
(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 SB3085 - 12 - LRB093 18774 DRH 44506 b entry under any condemnation proceedings which may be then pending;
Any person may submit a SB3085 Engrossed - 12 - LRB093 18774 DRH 44506 b written statement to the Authority at the hearing, whether appearing in person or not.
(d) To construct, at the Authority’s discretion, grade SB3085 - 13 - LRB093 18774 DRH 44506 b 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.
Where such structures have been built by the Authority and a SB3085 Engrossed - 13 - LRB093 18774 DRH 44506 b local highway agency did not enter into an agreement to the contrary, the Authority shall maintain the entire structure, including the road surface, at the Authority’s expense.
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 SB3085 - 14 - LRB093 18774 DRH 44506 b appliances (herein called public utilities) of any public utility as defined in the Public Utilities Act along, over or under any toll road project.
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 SB3085 Engrossed - 14 - LRB093 18774 DRH 44506 b 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.
(a) A director, employee, or agent of the Authority may not receive a financial benefit from a contract let by the Authority during his or her term of service with the Authority and for a period of one year following the termination of his SB3085 - 15 - LRB093 18774 DRH 44506 b or her term of service as a director of the Authority or as an employee or agent of the Authority.
(c) A director, employee, or agent of the Authority may not use material non-public information for personal financial gain nor may he or she disclose that information to any other SB3085 Engrossed - 15 - LRB093 18774 DRH 44506 b person for that person’s personal financial gain when that information was obtained as a result of his or her directorship, employment, or agency with the Authority.
(a) The Authority may from time to time issue bonds for any lawful purpose including, without limitation, the costs of issuance thereof and all such bonds or other obligations of the Authority issued pursuant to this Act shall SB3085 - 16 - LRB093 18774 DRH 44506 b be and are hereby declared to be negotiable for all purposes notwithstanding their payment from a limited source and without regard to any other law or laws.
The bonds shall be authorized by a bond resolution of the Authority, may be issued in one or more series and shall bear such date or dates, mature at such time or times not SB3085 Engrossed - 16 - LRB093 18774 DRH 44506 b exceeding 25 years from their respective date or dates of issue, bear interest at such rate or rates, fixed or variable, without regard to any limit contained in any other statute or law of the State of Illinois, be payable as to principal and interest at such time or times, be in such denominations, be in such form, either coupon or fully registered, carry such registration and conversion privileges, be payable in lawful money of the United States of America at such places, be subject to such terms of redemption and may contain such other terms and provisions, as such bond resolution or resolutions may provide.
SB3085 - 17 - LRB093 18774 DRH 44506 b (d) Any bond resolution, or trust indenture entered into pursuant to a bond resolution, may contain provisions, which shall be a part of the contract with the holders of the bonds to be authorized, as to:
(v) the issuance of additional bonds, the terms upon which additional bonds may be issued and SB3085 Engrossed - 17 - LRB093 18774 DRH 44506 b secured, the purposes for such additional bonds, and the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to other bonds;
(g) In the discretion of the Authority any bonds issued under the provisions of this Act may be secured by a trust indenture by and between the Authority and a trustee or SB3085 - 18 - LRB093 18774 DRH 44506 b trustees, which may be any trust company or bank in the State of Illinois having the powers of a trust company and possessing capital and surplus of not less than $50,000,000.
In addition to the SB3085 Engrossed - 18 - LRB093 18774 DRH 44506 b foregoing, any bond resolution or trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders, including, but not limited to, the purchase of bond insurance and the arrangement of letters of credit, lines of credit or other credit or liquidity enhancement facilities;
SB3085 - 19 - LRB093 18774 DRH 44506 b Nothing in this Act shall be construed to authorize the Authority or any department, board, commission or other agency to create an obligation of the State of Illinois within the meaning of the Constitution or Statutes of Illinois.
All resolutions of the Authority to carry such adopted bond resolutions into effect, to provide for the sale and delivery of the bonds, for letting of contracts for the construction of toll highways and the acquisition of real and personal property deemed by the Authority necessary or convenient for the construction thereof, shall not require the approval of the Governor or of any other department, division, SB3085 Engrossed - 19 - LRB093 18774 DRH 44506 b commission, bureau, board or other agency of the State.
Any person who shall use any spurious or counterfeit tickets, coupons or tokens in payment of any toll required to be paid by the Authority under the provisions of this Act, or who shall attempt to use the highway without payment of the tolls prescribed by the Authority, shall be SB3085 - 20 - LRB093 18774 DRH 44506 b deemed guilty of a petty offense and shall be fined not less than $5 nor more than $100 for each such offense.
(a) A person may not operate on a toll highway any motor SB3085 Engrossed - 20 - LRB093 18774 DRH 44506 b vehicle that is equipped with tinted plastic or tinted glass registration plate covers or any covers, coating, wrappings, materials, streaking, distorting, holographic, reflective, or other devices that obstruct the visibility or electronic image recording of the plate.
(c) TheA Attorneyviolation General may file suit against any individual or entity offering or marketing the sale, including SB3085 - 21 - LRB093 18774 DRH 44506 b via the Internet, of anythis productSection advertisedis as having the capacity to obstruct the visibility or electronic image recording of a licensepetty plate.offense.
A fine of $750 shall be imposed if a plate cover obstructs the visibility or electronic image recording of the plate.
A fine of $1,000 shall be imposed if a plate has been physically altered with any chemical or reflective substance or coating that obstructs the visibility or electronic image recording of the plate.
(d) The Attorney General may file suit against any individual or entity offering or marketing the sale, including via the Internet, of any product advertised as having the capacity to obstruct the visibility or electronic image recording of a license plate.
SB3085 Engrossed - 21 - LRB093 18774 DRH 44506 b Section 99.
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Action History
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Session Sine Die
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Referred to Rules Committee
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First Reading
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Added as Chief Co-Sponsor Sen. Don Harmon
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Added Alternate Chief Co-Sponsor Rep. Kathleen A. Ryg
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Added Alternate Chief Co-Sponsor Rep. Karen May
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Chief House Sponsor Rep. Elaine Nekritz
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Placed on Calendar Order of First Reading
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Arrived in House
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Third Reading - Passed; 032-024-000
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Placed on Calendar Order of 3rd Reading March 25, 2004
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Senate Floor Amendment No. 1 Adopted; Schoenberg
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Second Reading
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Senate Floor Amendment No. 1 Be Adopted Transportation; 008-000-000
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Senate Floor Amendment No. 1 Rules Refers to Transportation
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Senate Floor Amendment No. 1 Referred to Rules
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Senate Floor Amendment No. 1 Filed with Secretary by Sen. Jeffrey M. Schoenberg
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Added as Chief Co-Sponsor Sen. Debbie DeFrancesco Halvorson
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Added as Chief Co-Sponsor Sen. Terry Link
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Added as Co-Sponsor Sen. Susan Garrett
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Placed on Calendar Order of 2nd Reading February 20, 2004
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Do Pass Transportation; 006-004-000
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Assigned to Transportation
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Referred to Rules
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First Reading
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Filed with Secretary by Sen. Jeffrey M. Schoenberg
Sponsors
- Jeffrey M. Schoenberg · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- Jeffrey M. Schoenberg
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 25 | 24 | 0 | 2 |
| Democrat | 7 | 0 | 0 | 0 |
| Republican | 0 | 0 | 0 | 1 |
| Total | 32 | 24 | 0 | 3 |
| % of votes cast | 54% | 41% | 0% | 5% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Sandoval | — | Yea |
| Silverstein | — | Yea |
| Soden | — | Nay |
| Luechtefeld | — | Nay |
| Althoff | — | Nay |
| Martinez | — | Yea |
| Bomke | — | Nay |
| Burzynski | — | Nay |
| Forby | — | Yea |
| Geo-Karis | — | Nay |
| Halvorson | — | Yea |
| Lauzen | — | Nay |
| Link | — | Yea |
| Munoz | — | Yea |
| Maloney | — | Yea |
| Meeks | — | Yea |
| Sullivan, J. | — | Yea |
| Obama | — | Yea |
| Jacobs | — | Yea |
| Peterson | — | Nay |
| Cullerton | — | Yea |
| Schoenberg | — | Yea |
| Shadid | — | Nay |
| Sieben | — | Nay |
| Brady | — | Nay |
| Sullivan, D. | — | Nay |
| Trotter | — | Yea |
| Petka | — | Nay |
| Viverito | — | Yea |
| Jones, J. | — | Nay |
| Jones, W. | — | Nay |
| Watson | — | Nay |
| Demuzio | — | Not Voting |
| Winkel | — | Nay |
| Wojcik | — | Nay |
| Clayborne | — | Yea |
| Cronin | — | Nay |
| Crotty | — | Yea |
| DeLeo | — | Yea |
| Dillard | — | Not Voting |
| Garrett | — | Yea |
| Haine | — | Yea |
| Hendon | — | Yea |
| Radogno | — | Yea |
| Rauschenberger | — | Nay |
| Righter | — | Nay |
| Risinger | — | Nay |
| Ronen | — | Yea |
| Roskam | — | Nay |
| Rutherford | — | Nay |
| del Valle | — | Yea |
| Don Harmon | Democrat | Yea |
| Emanuel "Chris" Welch | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Not Voting |
Subjects
Frequently asked questions
- What does SB 3085 do?
- Amends the Toll Highway Act. Provides that the Toll Highway Authority has the power to enter into an intergovernmental agreement or contract with a unit of local government or other public or private entity for the collection by electronic means of tolls, fees, or revenues. Requires the Governor to appoint, with the advice and consent of the Senate, an Inspector General for the Authority, setting forth his or her powers and duties. Places certain restrictions on directors of the Illinois State Toll Highway Authority and their employees and agents concerning receiving financial benefit from their positions or employment with the Authority. Makes changes concerning enforcement of tolls. Provides that the Office of the Inspector General shall be represented in all legal matters by the Attorney General. Requires General Assembly review of expenditures of excess Authority moneys. Requires the Authority to establish an amnesty program for toll violations. Establishes procedures for, and limitations on, the amnesty. Sets procedures for administrative adjudication of violations recorded by photo surveillance. Provides that toll evasion offenses adjudicated in the Authority's administration system are not subject to the fine range for petty offenses. Provides that it is a violation of the Act to operate on a toll highway a vehicle with a license plate covered with any material that obstructs the electronic image recording of the plate. Provides that a law enforcement officer may confiscate a license plate if the plate was treated with a substance to block electronic image recording. Makes other changes. Effective immediately.
- Who sponsors SB 3085?
- SB 3085 is sponsored by Jeffrey M. Schoenberg.
- What is the current status of SB 3085?
- This bill died with 93rd Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 3085?
- Track SB 3085 free on One Click Politics — get push/email alerts when it moves.
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