Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 101-0230


 

Public Act 0230 101ST GENERAL ASSEMBLY



 


 
Public Act 101-0230
 
HB0348 EnrolledLRB101 06955 AWJ 51988 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Legislative intent. It is the intent of the
General Assembly that this Act further the intent of Section 5
of Article VII of the Illinois Constitution, which states, in
relevant part, that townships "may be consolidated or merged,
and one or more townships may be dissolved or divided, when
approved by referendum in each township affected".
Transferring the powers and duties of one or more dissolved
McHenry County townships into the county, as the supervising
unit of local government within which the township or townships
are situated, will reduce the overall number of local
governmental units within our State. This reduction is declared
to be a strong goal of Illinois public policy.
 
    Section 5. The Election Code is amended by changing Section
28-7 as follows:
 
    (10 ILCS 5/28-7)  (from Ch. 46, par. 28-7)
    Sec. 28-7. Except as provided in Article 24 of the Township
Code, in In any case in which Article VII or paragraph (a) of
Section 5 of the Transition Schedule of the Constitution
authorizes any action to be taken by or with respect to any
unit of local government, as defined in Section 1 of Article
VII of the Constitution, by or subject to approval by
referendum, any such public question shall be initiated in
accordance with this Section.
    Any such public question may be initiated by the governing
body of the unit of local government by resolution or by the
filing with the clerk or secretary of the governmental unit of
a petition signed by a number of qualified electors equal to or
greater than at least 8% of the total votes cast for candidates
for Governor in the preceding gubernatorial election,
requesting the submission of the proposal for such action to
the voters of the governmental unit at a regular election.
    If the action to be taken requires a referendum involving 2
or more units of local government, the proposal shall be
submitted to the voters of such governmental units by the
election authorities with jurisdiction over the territory of
the governmental units. Such multi-unit proposals may be
initiated by appropriate resolutions by the respective
governing bodies or by petitions of the voters of the several
governmental units filed with the respective clerks or
secretaries.
    This Section is intended to provide a method of submission
to referendum in all cases of proposals for actions which are
authorized by Article VII of the Constitution by or subject to
approval by referendum and supersedes any conflicting
statutory provisions except those contained in Division 2-5 of
the Counties Code or Article 24 of the Township Code.
    Referenda provided for in this Section may not be held more
than once in any 23-month period on the same proposition,
provided that in any municipality a referendum to elect not to
be a home rule unit may be held only once within any 47-month
period.
(Source: P.A. 100-863, eff. 8-14-18.)
 
    Section 10. The Motor Fuel Tax Law is amended by changing
Section 8 as follows:
 
    (35 ILCS 505/8)  (from Ch. 120, par. 424)
    Sec. 8. Except as provided in Section 8a, subdivision
(h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15, and
16 of Section 15, all money received by the Department under
this Act, including payments made to the Department by member
jurisdictions participating in the International Fuel Tax
Agreement, shall be deposited in a special fund in the State
treasury, to be known as the "Motor Fuel Tax Fund", and shall
be used as follows:
    (a) 2 1/2 cents per gallon of the tax collected on special
fuel under paragraph (b) of Section 2 and Section 13a of this
Act shall be transferred to the State Construction Account Fund
in the State Treasury;
    (b) $420,000 shall be transferred each month to the State
Boating Act Fund to be used by the Department of Natural
Resources for the purposes specified in Article X of the Boat
Registration and Safety Act;
    (c) $3,500,000 shall be transferred each month to the Grade
Crossing Protection Fund to be used as follows: not less than
$12,000,000 each fiscal year shall be used for the construction
or reconstruction of rail highway grade separation structures;
$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
fiscal year 2010 and each fiscal year thereafter shall be
transferred to the Transportation Regulatory Fund and shall be
accounted for as part of the rail carrier portion of such funds
and shall be used to pay the cost of administration of the
Illinois Commerce Commission's railroad safety program in
connection with its duties under subsection (3) of Section
18c-7401 of the Illinois Vehicle Code, with the remainder to be
used by the Department of Transportation upon order of the
Illinois Commerce Commission, to pay that part of the cost
apportioned by such Commission to the State to cover the
interest of the public in the use of highways, roads, streets,
or pedestrian walkways in the county highway system, township
and district road system, or municipal street system as defined
in the Illinois Highway Code, as the same may from time to time
be amended, for separation of grades, for installation,
construction or reconstruction of crossing protection or
reconstruction, alteration, relocation including construction
or improvement of any existing highway necessary for access to
property or improvement of any grade crossing and grade
crossing surface including the necessary highway approaches
thereto of any railroad across the highway or public road, or
for the installation, construction, reconstruction, or
maintenance of a pedestrian walkway over or under a railroad
right-of-way, as provided for in and in accordance with Section
18c-7401 of the Illinois Vehicle Code. The Commission may order
up to $2,000,000 per year in Grade Crossing Protection Fund
moneys for the improvement of grade crossing surfaces and up to
$300,000 per year for the maintenance and renewal of 4-quadrant
gate vehicle detection systems located at non-high speed rail
grade crossings. The Commission shall not order more than
$2,000,000 per year in Grade Crossing Protection Fund moneys
for pedestrian walkways. In entering orders for projects for
which payments from the Grade Crossing Protection Fund will be
made, the Commission shall account for expenditures authorized
by the orders on a cash rather than an accrual basis. For
purposes of this requirement an "accrual basis" assumes that
the total cost of the project is expended in the fiscal year in
which the order is entered, while a "cash basis" allocates the
cost of the project among fiscal years as expenditures are
actually made. To meet the requirements of this subsection, the
Illinois Commerce Commission shall develop annual and 5-year
project plans of rail crossing capital improvements that will
be paid for with moneys from the Grade Crossing Protection
Fund. The annual project plan shall identify projects for the
succeeding fiscal year and the 5-year project plan shall
identify projects for the 5 directly succeeding fiscal years.
The Commission shall submit the annual and 5-year project plans
for this Fund to the Governor, the President of the Senate, the
Senate Minority Leader, the Speaker of the House of
Representatives, and the Minority Leader of the House of
Representatives on the first Wednesday in April of each year;
    (d) of the amount remaining after allocations provided for
in subsections (a), (b) and (c), a sufficient amount shall be
reserved to pay all of the following:
        (1) the costs of the Department of Revenue in
    administering this Act;
        (2) the costs of the Department of Transportation in
    performing its duties imposed by the Illinois Highway Code
    for supervising the use of motor fuel tax funds apportioned
    to municipalities, counties and road districts;
        (3) refunds provided for in Section 13, refunds for
    overpayment of decal fees paid under Section 13a.4 of this
    Act, and refunds provided for under the terms of the
    International Fuel Tax Agreement referenced in Section
    14a;
        (4) from October 1, 1985 until June 30, 1994, the
    administration of the Vehicle Emissions Inspection Law,
    which amount shall be certified monthly by the
    Environmental Protection Agency to the State Comptroller
    and shall promptly be transferred by the State Comptroller
    and Treasurer from the Motor Fuel Tax Fund to the Vehicle
    Inspection Fund, and for the period July 1, 1994 through
    June 30, 2000, one-twelfth of $25,000,000 each month, for
    the period July 1, 2000 through June 30, 2003, one-twelfth
    of $30,000,000 each month, and $15,000,000 on July 1, 2003,
    and $15,000,000 on January 1, 2004, and $15,000,000 on each
    July 1 and October 1, or as soon thereafter as may be
    practical, during the period July 1, 2004 through June 30,
    2012, and $30,000,000 on June 1, 2013, or as soon
    thereafter as may be practical, and $15,000,000 on July 1
    and October 1, or as soon thereafter as may be practical,
    during the period of July 1, 2013 through June 30, 2015,
    for the administration of the Vehicle Emissions Inspection
    Law of 2005, to be transferred by the State Comptroller and
    Treasurer from the Motor Fuel Tax Fund into the Vehicle
    Inspection Fund;
        (5) amounts ordered paid by the Court of Claims; and
        (6) payment of motor fuel use taxes due to member
    jurisdictions under the terms of the International Fuel Tax
    Agreement. The Department shall certify these amounts to
    the Comptroller by the 15th day of each month; the
    Comptroller shall cause orders to be drawn for such
    amounts, and the Treasurer shall administer those amounts
    on or before the last day of each month;
    (e) after allocations for the purposes set forth in
subsections (a), (b), (c) and (d), the remaining amount shall
be apportioned as follows:
        (1) Until January 1, 2000, 58.4%, and beginning January
    1, 2000, 45.6% shall be deposited as follows:
            (A) 37% into the State Construction Account Fund,
        and
            (B) 63% into the Road Fund, $1,250,000 of which
        shall be reserved each month for the Department of
        Transportation to be used in accordance with the
        provisions of Sections 6-901 through 6-906 of the
        Illinois Highway Code;
        (2) Until January 1, 2000, 41.6%, and beginning January
    1, 2000, 54.4% shall be transferred to the Department of
    Transportation to be distributed as follows:
            (A) 49.10% to the municipalities of the State,
            (B) 16.74% to the counties of the State having
        1,000,000 or more inhabitants,
            (C) 18.27% to the counties of the State having less
        than 1,000,000 inhabitants,
            (D) 15.89% to the road districts of the State.
        If a township is dissolved under Article 24 of the
    Township Code, McHenry County shall receive any moneys that
    would have been distributed to the township under this
    subparagraph, except that a municipality that assumes the
    powers and responsibilities of a road district under
    paragraph (6) of Section 24-35 of the Township Code shall
    receive any moneys that would have been distributed to the
    township in a percent equal to the area of the dissolved
    road district or portion of the dissolved road district
    over which the municipality assumed the powers and
    responsibilities compared to the total area of the
    dissolved township. The moneys received under this
    subparagraph shall be used in the geographic area of the
    dissolved township. If a township is reconstituted as
    provided under Section 24-45 of the Township Code, McHenry
    County or a municipality shall no longer be distributed
    moneys under this subparagraph.
    As soon as may be after the first day of each month the
Department of Transportation shall allot to each municipality
its share of the amount apportioned to the several
municipalities which shall be in proportion to the population
of such municipalities as determined by the last preceding
municipal census if conducted by the Federal Government or
Federal census. If territory is annexed to any municipality
subsequent to the time of the last preceding census the
corporate authorities of such municipality may cause a census
to be taken of such annexed territory and the population so
ascertained for such territory shall be added to the population
of the municipality as determined by the last preceding census
for the purpose of determining the allotment for that
municipality. If the population of any municipality was not
determined by the last Federal census preceding any
apportionment, the apportionment to such municipality shall be
in accordance with any census taken by such municipality. Any
municipal census used in accordance with this Section shall be
certified to the Department of Transportation by the clerk of
such municipality, and the accuracy thereof shall be subject to
approval of the Department which may make such corrections as
it ascertains to be necessary.
    As soon as may be after the first day of each month the
Department of Transportation shall allot to each county its
share of the amount apportioned to the several counties of the
State as herein provided. Each allotment to the several
counties having less than 1,000,000 inhabitants shall be in
proportion to the amount of motor vehicle license fees received
from the residents of such counties, respectively, during the
preceding calendar year. The Secretary of State shall, on or
before April 15 of each year, transmit to the Department of
Transportation a full and complete report showing the amount of
motor vehicle license fees received from the residents of each
county, respectively, during the preceding calendar year. The
Department of Transportation shall, each month, use for
allotment purposes the last such report received from the
Secretary of State.
    As soon as may be after the first day of each month, the
Department of Transportation shall allot to the several
counties their share of the amount apportioned for the use of
road districts. The allotment shall be apportioned among the
several counties in the State in the proportion which the total
mileage of township or district roads in the respective
counties bears to the total mileage of all township and
district roads in the State. Funds allotted to the respective
counties for the use of road districts therein shall be
allocated to the several road districts in the county in the
proportion which the total mileage of such township or district
roads in the respective road districts bears to the total
mileage of all such township or district roads in the county.
After July 1 of any year prior to 2011, no allocation shall be
made for any road district unless it levied a tax for road and
bridge purposes in an amount which will require the extension
of such tax against the taxable property in any such road
district at a rate of not less than either .08% of the value
thereof, based upon the assessment for the year immediately
prior to the year in which such tax was levied and as equalized
by the Department of Revenue or, in DuPage County, an amount
equal to or greater than $12,000 per mile of road under the
jurisdiction of the road district, whichever is less. Beginning
July 1, 2011 and each July 1 thereafter, an allocation shall be
made for any road district if it levied a tax for road and
bridge purposes. In counties other than DuPage County, if the
amount of the tax levy requires the extension of the tax
against the taxable property in the road district at a rate
that is less than 0.08% of the value thereof, based upon the
assessment for the year immediately prior to the year in which
the tax was levied and as equalized by the Department of
Revenue, then the amount of the allocation for that road
district shall be a percentage of the maximum allocation equal
to the percentage obtained by dividing the rate extended by the
district by 0.08%. In DuPage County, if the amount of the tax
levy requires the extension of the tax against the taxable
property in the road district at a rate that is less than the
lesser of (i) 0.08% of the value of the taxable property in the
road district, based upon the assessment for the year
immediately prior to the year in which such tax was levied and
as equalized by the Department of Revenue, or (ii) a rate that
will yield an amount equal to $12,000 per mile of road under
the jurisdiction of the road district, then the amount of the
allocation for the road district shall be a percentage of the
maximum allocation equal to the percentage obtained by dividing
the rate extended by the district by the lesser of (i) 0.08% or
(ii) the rate that will yield an amount equal to $12,000 per
mile of road under the jurisdiction of the road district.
    Prior to 2011, if any road district has levied a special
tax for road purposes pursuant to Sections 6-601, 6-602 and
6-603 of the Illinois Highway Code, and such tax was levied in
an amount which would require extension at a rate of not less
than .08% of the value of the taxable property thereof, as
equalized or assessed by the Department of Revenue, or, in
DuPage County, an amount equal to or greater than $12,000 per
mile of road under the jurisdiction of the road district,
whichever is less, such levy shall, however, be deemed a proper
compliance with this Section and shall qualify such road
district for an allotment under this Section. Beginning in 2011
and thereafter, if any road district has levied a special tax
for road purposes under Sections 6-601, 6-602, and 6-603 of the
Illinois Highway Code, and the tax was levied in an amount that
would require extension at a rate of not less than 0.08% of the
value of the taxable property of that road district, as
equalized or assessed by the Department of Revenue or, in
DuPage County, an amount equal to or greater than $12,000 per
mile of road under the jurisdiction of the road district,
whichever is less, that levy shall be deemed a proper
compliance with this Section and shall qualify such road
district for a full, rather than proportionate, allotment under
this Section. If the levy for the special tax is less than
0.08% of the value of the taxable property, or, in DuPage
County if the levy for the special tax is less than the lesser
of (i) 0.08% or (ii) $12,000 per mile of road under the
jurisdiction of the road district, and if the levy for the
special tax is more than any other levy for road and bridge
purposes, then the levy for the special tax qualifies the road
district for a proportionate, rather than full, allotment under
this Section. If the levy for the special tax is equal to or
less than any other levy for road and bridge purposes, then any
allotment under this Section shall be determined by the other
levy for road and bridge purposes.
    Prior to 2011, if a township has transferred to the road
and bridge fund money which, when added to the amount of any
tax levy of the road district would be the equivalent of a tax
levy requiring extension at a rate of at least .08%, or, in
DuPage County, an amount equal to or greater than $12,000 per
mile of road under the jurisdiction of the road district,
whichever is less, such transfer, together with any such tax
levy, shall be deemed a proper compliance with this Section and
shall qualify the road district for an allotment under this
Section.
    In counties in which a property tax extension limitation is
imposed under the Property Tax Extension Limitation Law, road
districts may retain their entitlement to a motor fuel tax
allotment or, beginning in 2011, their entitlement to a full
allotment if, at the time the property tax extension limitation
was imposed, the road district was levying a road and bridge
tax at a rate sufficient to entitle it to a motor fuel tax
allotment and continues to levy the maximum allowable amount
after the imposition of the property tax extension limitation.
Any road district may in all circumstances retain its
entitlement to a motor fuel tax allotment or, beginning in
2011, its entitlement to a full allotment if it levied a road
and bridge tax in an amount that will require the extension of
the tax against the taxable property in the road district at a
rate of not less than 0.08% of the assessed value of the
property, based upon the assessment for the year immediately
preceding the year in which the tax was levied and as equalized
by the Department of Revenue or, in DuPage County, an amount
equal to or greater than $12,000 per mile of road under the
jurisdiction of the road district, whichever is less.
    As used in this Section the term "road district" means any
road district, including a county unit road district, provided
for by the Illinois Highway Code; and the term "township or
district road" means any road in the township and district road
system as defined in the Illinois Highway Code. For the
purposes of this Section, "township or district road" also
includes such roads as are maintained by park districts, forest
preserve districts and conservation districts. The Department
of Transportation shall determine the mileage of all township
and district roads for the purposes of making allotments and
allocations of motor fuel tax funds for use in road districts.
    Payment of motor fuel tax moneys to municipalities and
counties shall be made as soon as possible after the allotment
is made. The treasurer of the municipality or county may invest
these funds until their use is required and the interest earned
by these investments shall be limited to the same uses as the
principal funds.
(Source: P.A. 97-72, eff. 7-1-11; 97-333, eff. 8-12-11; 98-24,
eff. 6-19-13; 98-674, eff. 6-30-14.)
 
    Section 15. The Counties Code is amended by adding Section
5-1184 as follows:
 
    (55 ILCS 5/5-1184 new)
    Sec. 5-1184. Dissolution of townships in McHenry County. If
a township in McHenry County dissolves as provided in Article
24 of the Township Code, McHenry County shall assume the
powers, duties, and obligations of each dissolved township as
provided in Article 24 of the Township Code.
 
    Section 20. The Township Code is amended by adding Article
24 as follows:
 
    (60 ILCS 1/Art. 24 heading new)
ARTICLE 24. DISSOLUTION OF
TOWNSHIPS IN MCHENRY COUNTY

 
    (60 ILCS 1/24-10 new)
    Sec. 24-10. Definition. As used in this Article, "electors"
means the registered voters of any single township in McHenry
County.
 
    (60 ILCS 1/24-15 new)
    Sec. 24-15. Dissolving a township in McHenry County. By
resolution, the board of trustees of any township located in
McHenry County may submit a proposition to dissolve the
township to the electors of that township at the election next
following in accordance with the general election law. The
ballot shall be as provided for in Section 24-30.
 
    (60 ILCS 1/24-20 new)
    Sec. 24-20. Petition requirements; notice.
    (a) Subject to the petition requirements of Section 28-3 of
the Election Code, petitions for a referendum to dissolve a
township located in McHenry County must be filed with the
governing board of the township, the county board of McHenry
County, and the McHenry County Clerk not less than 122 days
prior to any election held throughout the township. Petitions
must include:
        (1) the name of the dissolving township;
        (2) the date of dissolution; and
        (3) signatures of a number of electors as follows: (A)
    for any township, the number of signatures shall be the
    larger of (i) 5% of the total ballots cast in the township
    in the immediately preceding election that is of an
    election type comparable to the election for which the
    petition is being filed, or (ii) 250 signatures. All
    signatures gathered under this paragraph (3) must be signed
    within 180 days prior to the filing of a petition.
    (b) The proposed date of dissolution shall be at least 90
days after the date of the election at which the referendum is
to be voted upon.
    (c) If a valid petition is filed under subsection (a), then
the McHenry County Clerk shall, by publication in one or more
newspapers of general circulation within the county and on the
county's website, not less than 90 days prior to the election
at which the referendum is to be voted on, give notice in
substantially the following form:
 
    NOTICE OF PETITION TO DISSOLVE (dissolving township).
    Residents of (dissolving township) and McHenry County are
    notified that a petition has been filed with (dissolving
    township) and McHenry County requesting a referendum to
    dissolve (dissolving township) on (date of dissolution)
    with all real and personal property, and any other assets,
    together with all personnel, contractual obligations, and
    liabilities being transferred to McHenry County.
 
    (60 ILCS 1/24-25 new)
    Sec. 24-25. Ballot placement. A petition that meets the
requirements of Section 24-20 shall be placed on the ballot in
the form provided for in Section 24-30 at the election next
following.
 
    (60 ILCS 1/24-30 new)
    Sec. 24-30. Referendum; voting.
    (a) Subject to the requirements of Section 16-7 of the
Election Code, the referendum described in Section 24-25 shall
be in substantially the following form on the ballot:
-
    Shall the (dissolving
township), together with any road
districts wholly within the                   YES
boundaries of (dissolving
township), be dissolved on (date          --------------
of dissolution) with all of
the township and road district
property, assets, personnel,                   NO
obligations, and liabilities being
transferred to McHenry County?
-------------------------------------------------------------
    (b) The referendum is approved when a majority of those
voting in the election from the dissolving township approve the
referendum.
 
    (60 ILCS 1/24-35 new)
    Sec. 24-35. Dissolution; transfer of rights and duties.
When the dissolution of a township has been approved under
Section 24-30:
        (1) On or before the date of dissolution, all real and
    personal property, and any other assets, together with all
    personnel, contractual obligations, and liabilities of the
    dissolving township and road districts wholly within the
    boundaries of the dissolving township shall be transferred
    to McHenry County. All funds of the dissolved township and
    dissolved road districts shall be used solely on behalf of
    the residents of the geographic area within the boundaries
    of the dissolved township.
        After the transfer of property to the county under this
    paragraph, all park land, cemetery land, buildings, and
    facilities within the geographic area of the dissolving
    township must be utilized for the primary benefit of the
    geographic area of the dissolving township. Proceeds from
    the sale of the park land, cemetery land, buildings, or
    facilities after transfer to the county must be utilized
    for the sole benefit of the geographic area of the
    dissolved township.
        (2) On the date of dissolution, the dissolving township
    is dissolved.
        (3) On and after the date of dissolution, all rights
    and duties of the dissolved township may be exercised by
    the McHenry County Board solely on behalf of the residents
    of the geographic area within the boundaries of the
    dissolved township. The duties that may be exercised by the
    county include, but are not limited to, the administration
    of a dissolved township's general assistance program,
    maintenance and operation of a dissolved township's
    cemeteries, and the Chief County Assessment officer of
    McHenry County exercising the duties of the township
    assessor.
        (4) The McHenry County Board shall not extend a
    property tax levy that is greater than 90% of the property
    tax levy extended by the dissolved township or road
    districts for the duties taken on by McHenry County. This
    property tax levy may not be extended outside the
    boundaries of the dissolved township. In all subsequent
    years, this levy shall be bound by the provisions of the
    Property Tax Extension Limitation Law.
        A tax levy extended under this paragraph may be used
    for the purposes allowed by the statute authorizing the tax
    levy or to pay liabilities of the dissolved township or
    dissolved road districts that were transferred to the
    county under paragraph (1). The taxpayers within the
    boundaries of the dissolved township are responsible to pay
    any liabilities transferred to the county: the county shall
    reduce spending within the boundaries of the former
    township in the amount necessary to pay off any liabilities
    transferred to the county under paragraph (1) that are not
    covered by the assets enumerated in paragraph (1) or taxes
    under this paragraph.
        (5) All road districts wholly within the boundaries of
    the dissolving township are dissolved on the date of
    dissolution of the dissolving township, and all powers and
    responsibilities of each road district are transferred to
    McHenry County except as provided in paragraph (6).
        (6) The county board of McHenry County shall give
    written notice to each municipality whose governing board
    meets within the boundaries of a dissolving township that
    the municipality may make an offer, on or before 60 days
    after the date of dissolution of the dissolving township,
    that the municipality will assume all of the powers and
    responsibilities of a road district or road districts
    wholly inside the dissolving township. The notice shall be
    sent to each municipality on or before 30 days after the
    date of dissolution of the township. Any eligible
    municipality may, with consent of its governing board, make
    an offer to assume all of the powers and responsibilities
    of the dissolving township's road district or road
    districts. A municipality may offer to assume the powers
    and responsibilities only for a limited period of time. If
    one or more offers are received by McHenry County on or
    before 60 days after the date of dissolution of the
    dissolving township, the county board of McHenry County
    shall select the best offer or offers that the board
    determines would be in the best interest and welfare of the
    affected resident population. If no municipality makes an
    offer or if no satisfactory offer is made, the powers and
    duties of the dissolving township's road district or road
    districts are retained by McHenry County. The municipality
    that assumes the powers and duties of the dissolving
    township's road district or road districts shall not extend
    a road district property tax levy under Division 5 of
    Article 6 of the Illinois Highway Code that is greater than
    90% of the road district property tax levy that was
    extended by the county on behalf of the dissolving
    township's road district or road districts for the duties
    taken on by the municipality.
        (7) On the date of dissolution of the township or road
    district, elected and appointed township officers and road
    commissioners shall cease to hold office. An elected or
    appointed township official or township road commissioner
    shall not be compensated for any other duties performed
    after the dissolution of the township or road district that
    they represented. An elected township official or township
    road commissioner shall not have legal recourse relating to
    the ceasing of their elected or appointed positions upon
    the ceasing of their position.
 
    Section 25. The Illinois Highway Code is amended by adding
Section 6-140 as follows:
 
    (605 ILCS 5/6-140 new)
    Sec. 6-140. Abolishing a road district within Lake County
or McHenry County with less than 15 miles of roads. Any
township in Lake County or McHenry County shall abolish a road
district of that township if the roads of the road district are
less than 15 centerline miles in length, as determined by the
county engineer or county superintendent of highways. A road
district is abolished on the expiration of the term of office
of the highway commissioner of the road district facing
abolition following the determination by the county engineer or
county superintendent of highways of the length, in centerline
mileage, of the roads within the road district to be abolished.
    On the date of abolition: all the rights, powers, duties,
assets, property, liabilities, obligations, and
responsibilities of the road district shall by operation of law
vest in and be assumed by the township; the township board of
trustees shall assume all taxing authority of a road district
abolished under this Section and shall exercise all duties and
responsibilities of the highway commissioner as provided in
this Code; and for purposes of distribution of revenue, the
township shall assume the powers, duties, and obligations of
the road district. The township board of trustees may enter
into a contract with the county, a municipality, or a private
contractor to administer the roads added to its jurisdiction
under this Section.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/9/2019