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Illinois Compiled Statutes
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ROADS AND BRIDGES (605 ILCS 5/) Illinois Highway Code. 605 ILCS 5/Art. 5 Div. 7
(605 ILCS 5/Art. 5 Div. 7 heading)
DIVISION 7.
USE OF MOTOR FUEL TAX FUNDS
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605 ILCS 5/5-701
(605 ILCS 5/5-701) (from Ch. 121, par. 5-701)
Sec. 5-701.
Money allotted from the Motor Fuel Tax Fund to the several
counties as provided in Section 8 of the "Motor Fuel Tax Law", approved
March 25, 1929, as now or hereafter amended, other than money allotted to
counties for the use of road districts, shall be used only for one or more
of the purposes stated in Sections 5-701.1 through 5-701.16, as the several
counties may desire.
(Source: P.A. 85-962.)
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605 ILCS 5/5-701.1
(605 ILCS 5/5-701.1) (from Ch. 121, par. 5-701.1)
Sec. 5-701.1.
Any county board may use any motor fuel tax money allotted to
it for the construction of (1) highways within the county designated as
county highways, or (2) county highways within the corporate limits of any
municipality within such county, or (3) county highways within the
corporate limits of any park district within such county, or (4) any
county highway to be constructed under Section 5-406 of this Code. Such construction
shall be in accordance with the procedure prescribed in Section 5-403 of
this Code.
So far as practicable, priority in the matter of construction with motor
fuel tax funds in any county shall be given county highways which will join
municipalities and communities not upon any State highway, or not upon
federal aid highways which may now or may hereafter be designated, with
such highways; and county highways shall be selected for construction
according to their relative importance from the standpoint of traffic needs
and county-wide service and so as to make available as rapidly as
practicable continuous or connected improved traffic routes, such selection
to be made by the county board with the approval of the Department.
(Source: P.A. 85-1407 .)
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605 ILCS 5/5-701.2
(605 ILCS 5/5-701.2) (from Ch. 121, par. 5-701.2)
Sec. 5-701.2.
Any county board, with the approval of the Department,
may also use motor fuel tax money allotted to it for construction of State
highways within the county.
(Source: P.A. 95-331, eff. 8-21-07.)
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605 ILCS 5/5-701.3
(605 ILCS 5/5-701.3) (from Ch. 121, par. 5-701.3)
Sec. 5-701.3.
Any county board with the approval of the Department may also
use motor fuel tax money allotted to it for the maintenance of any county
highway or any State highway.
(Source: P.A. 85-1407.)
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605 ILCS 5/5-701.4
(605 ILCS 5/5-701.4) (from Ch. 121, par. 5-701.4)
Sec. 5-701.4.
Any county board may also use any motor fuel tax money allotted to it or any part thereof for the purpose of retiring bonds and
paying obligations incurred for the purpose of constructing State or county
highways, the construction of which was under the supervision of and with
the approval of the Department under the provisions of Section 5-403 of
this Code or similar provisions of prior law.
(Source: Laws 1959, p. 196 .)
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605 ILCS 5/5-701.5
(605 ILCS 5/5-701.5) (from Ch. 121, par. 5-701.5)
Sec. 5-701.5.
Any county board may also use so much of any motor fuel tax money allotted to it as may be necessary for the purpose of paying bonds
(and interest thereon) heretofore or hereafter issued for the purpose of
constructing superhighways pursuant to Division 5-33 of the Counties Code.
No moneys shall be paid from the Motor Fuel Tax Fund to
any county which has issued bonds pursuant to the Counties Code or its
predecessor for any purpose other than to pay the principal of and
interest on such bonds unless all moneys previously received from the Motor
Fuel Tax Fund have been applied as required by Section 5-33002
of the Counties Code.
(Source: P.A. 86-1475 .)
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605 ILCS 5/5-701.6
(605 ILCS 5/5-701.6) (from Ch. 121, par. 5-701.6)
Sec. 5-701.6.
Any county board with the approval of the Department may also use motor fuel tax money allotted to it for the purpose of the payment for
investigations requisite to determine the reasonably anticipated need for
any of the work described in Sections 5-701.1 to 5-701.5, inclusive, of
this Code. Such investigations may include, but shall not be limited to,
the making of traffic surveys, the study of transportation facilities,
research concerning the development of the several areas within the county
and contiguous territory as affected by growth and changes in population
and economic activity and the collection and review of data relating to all
factors affecting the judicious planning of construction, reconstruction,
improvement and maintenance of highways. The investigations for which any
such payments are made may also be conducted in cooperation with other
counties, municipalities, the State of Illinois, the United States, other
states of the United States, agencies of any such governments or other
persons in pursuance of agreements to share the costs thereof and authority
to enter into such agreements is hereby conferred upon counties.
(Source: Laws 1959, p. 196 .)
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605 ILCS 5/5-701.7
(605 ILCS 5/5-701.7) (from Ch. 121, par. 5-701.7)
Sec. 5-701.7.
(a) Any county board with the approval of the Department may also use
motor fuel tax funds allotted to it to pay the county's share of the
cost of projects on the federal aid urban and the federal aid secondary
highway systems in the county
constructed under the provisions of the Federal Aid Road Act. The county
board is authorized to cooperate with the Department in selecting these
systems of federal aid highways to be improved.
(b) Any county board with the approval of the Department may also use
motor fuel tax funds allotted to it to pay the county's share of any project
constructed under Section 3-104.3 of this Code.
(c) Any county board, with the approval of the Department, may also use
motor fuel
tax funds allotted to it, matching tax funds, or any other funds of the county
for highways
to pay the county's proportionate share of any federally eligible
transportation project on,
adjacent to, or intended to serve county highways in the county.
(Source: P.A. 91-315, eff. 1-1-00.)
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605 ILCS 5/5-701.8
(605 ILCS 5/5-701.8) (from Ch. 121, par. 5-701.8)
Sec. 5-701.8.
Any county board may also turn over a portion of the motor
fuel tax funds allotted to it to: (a) a local Mass Transit District if the
county created such District pursuant to the "Local Mass Transit District
Act", approved July 21, 1959, as now or hereafter amended;
(b) a local Transit Commission if such commission is created pursuant to
Section 14-101 of The Public Utilities Act; or
(c) the Chicago Transit Authority established pursuant to the
"Metropolitan Transit Authority Act", approved April 12, 1945, as now or
hereafter amended.
(Source: P.A. 85-1209.)
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605 ILCS 5/5-701.9
(605 ILCS 5/5-701.9) (from Ch. 121, par. 5-701.9)
Sec. 5-701.9.
Any county board may also use motor fuel tax money allotted
to it for constructing or maintaining, or both, a county garage for the
servicing, maintenance or storage of vehicles or equipment used in the
construction or maintenance of county or state highways. The county board
of any county with a population of 1,000,000 or more may also use motor
fuel tax money for constructing or maintaining auxiliary office space.
(Source: P.A. 76-808.)
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605 ILCS 5/5-701.10
(605 ILCS 5/5-701.10) (from Ch. 121, par. 5-701.10)
Sec. 5-701.10.
Any county board in counties of 1,000,000 or more
inhabitants may also use any motor fuel tax money allotted to it for the
purpose of paying any and all expenditures resulting from activities
conducted by the circuit court located in the county and for the further
purpose of paying any and all expenditures resulting from the activities of
any county department which has a relation to highways located within the
county.
(Source: P.A. 76-414.)
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605 ILCS 5/5-701.11
(605 ILCS 5/5-701.11) (from Ch. 121, par. 5-701.11)
Sec. 5-701.11.
With the approval of the Department of Transportation, any
county board may also use motor fuel tax money allotted to it for the
payment of the principal and interest of bonds issued for the construction,
maintenance or improvement of county highways. Such construction,
maintenance or improvement shall be in accordance with the procedure in
Section 5-403 of this Code.
(Source: P.A. 85-962.)
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605 ILCS 5/5-701.12
(605 ILCS 5/5-701.12) (from Ch. 121, par. 5-701.12)
Sec. 5-701.12.
The county board of any county with a population of 1,000,000 or more
may also use motor fuel tax money allotted to it for construction,
maintaining, or leasing office space for activities of the county highway
department.
(Source: P.A. 76-2256 .)
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605 ILCS 5/5-701.13
(605 ILCS 5/5-701.13) (from Ch. 121, par. 5-701.13)
Sec. 5-701.13. Motor fuel tax funds; counties over 500,000. The county
board of any county may also use motor fuel tax
funds allotted to it for placing, erecting, and maintaining signs, or
surface
markings, or both to indicate officially designated bicycle routes along
county
highways. In addition, the county board of a county with a population over
500,000 may also use motor fuel tax funds allotted to
it
for the construction and maintenance of bicycle routes or paths, shared-use paths for nonvehicular public travel, and sidewalks within the county, including along State highways by agreement with the Department.
(Source: P.A. 102-452, eff. 8-20-21.)
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605 ILCS 5/5-701.14
(605 ILCS 5/5-701.14) (from Ch. 121, par. 5-701.14)
Sec. 5-701.14.
Any county board may also use its allotted motor fuel tax funds for the
construction and maintenance of grade separations and approaches thereto
which avoid or replace grade crossings at intersections of county highways
and railroad tracks.
(Source: P.A. 77-1849 .)
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605 ILCS 5/5-701.15
(605 ILCS 5/5-701.15) (from Ch. 121, par. 5-701.15)
Sec. 5-701.15.
The formula allocation for counties for the
distribution of motor fuel tax funds, provided for in Section 8 in the
"Motor Fuel Tax Law", may be used by the county board
for the maintenance or improvement of
nondedicated subdivision roads established prior to July 23, 1959. Any
such improved road becomes, by operation of law, a part of the township or district
road system in accordance with Section 6-325 of this Code. The county board
shall condition its approval, as required by this Section, upon
proportional matching contributions, whether in cash, kind, services or
otherwise, by property owners in the subdivision where such a road is
situated. No more than the amount of the increase in allocation
of such funds allocated under the formula as
provided in Section 8 in the "Motor Fuel Tax Law" which is
attributable to this amendatory Act of 1979 and any subsequent amendatory
Act and subsequently
approved as provided in this Section, may be expended on eligible
nondedicated subdivision roads.
(Source: P.A. 83-957.)
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605 ILCS 5/5-701.16
(605 ILCS 5/5-701.16) (from Ch. 121, par. 5-701.16)
Sec. 5-701.16.
Any county board, in a county of less than 1,000,000
inhabitants may also use any motor fuel tax money allotted to it or
any part thereof for the payment of the principal of and interest on bonds
issued for the purpose of constructing, maintaining or improving county
highways, roads or bridges. Such construction, maintenance or improvement
shall be in accordance with the procedure in Section 5-403 of this Code.
Such county boards are authorized to use motor fuel tax money to pay
principal or interest on such bonds without any prior appropriation and
without regard to any budget law. The State of Illinois pledges and agrees
with the holders of any bonds of a county issued for such purposes that the
State will not limit the use of such money by such county, so long as any
such bonds are outstanding and unpaid. Payment of such motor fuel tax
money to such county shall be subject to appropriation by the General
Assembly. The State shall not be liable on or guarantee bonds of a county
issued for such purposes, and such bonds shall not be State debt. The face
of all such bonds shall contain a statement with respect to the provisions
of this Section.
(Source: P.A. 85-962.)
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605 ILCS 5/5-701.17
(605 ILCS 5/5-701.17) (from Ch. 121, par. 5-701.17)
Sec. 5-701.17.
Construction, maintenance, or improvement of county
unit roads. Any county board in a county with an established county unit
district highway system may, with the approval of the Department, use a
maximum of 30% of the motor fuel tax funds, provided for in Section 8 of
the Motor Fuel Tax Law, allotted to it to pay for the cost of construction,
maintenance, or improvements of roads in the county unit system. The
Department shall not approve use of the funds unless the Department
determines that the county highway system is being maintained in an
acceptable condition and that the use of the motor fuel tax funds would not
jeopardize adequate maintenance of existing county highways.
(Source: P.A. 87-1249.)
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605 ILCS 5/5-702
(605 ILCS 5/5-702) (from Ch. 121, par. 5-702)
Sec. 5-702.
Payment of motor fuel tax money to any county for the purposes stated in
Sections 5-701.1 through 5-701.11 shall be made by the Department of
Transportation as soon as may be after the allotment is made.
However, if any county, after having been given reasonable notice by the
Department, fails to expend motor fuel tax funds in a manner satisfactory
to the Department or fails to have construction contracts approved by the
Department or fails to maintain in a manner satisfactory to the Department
highways heretofore or hereafter constructed with motor fuel tax funds, no
further payment of motor fuel tax funds shall be made to such county for
construction or maintenance purposes until it corrects its unsatisfactory
use of motor fuel tax funds or secures approval of its construction
contracts by the Department or maintains such highways or provides for such
maintenance in a manner satisfactory to the Department.
Records of all expenditures of motor fuel tax money made by the county
shall be kept in accordance with the system of auditing and accounting
prescribed by the Department under Section 4-101.9 of this Code.
(Source: P.A. 77-173 .)
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