HB4496 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4496

 

Introduced 2/4/2020, by Rep. Dan Ugaste

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 505/8  from Ch. 120, par. 424
60 ILCS 1/Art. 24 heading
60 ILCS 1/24-10
60 ILCS 1/24-15
60 ILCS 1/24-20
60 ILCS 1/24-30
60 ILCS 1/24-35
605 ILCS 5/6-140
605 ILCS 5/6-135 rep.

    Amends the Dissolution Of Townships in McHenry County Article of the Township Code. Changes the Article to apply to all counties under township organizations. Amends the Motor Fuel Tax Law making conforming changes. Amends the Illinois Highway Code. Changes provisions requiring road districts in townships in Lake County and McHenry County to be abolished if less than 15 miles of roads to require all townships to abolish such road districts. Repeals a Section allowing abolition of road districts of less than 15 miles of roads. Effective immediately.


LRB101 17532 AWJ 66948 b

FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4496LRB101 17532 AWJ 66948 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Motor Fuel Tax Law is amended by changing
5Section 8 as follows:
 
6    (35 ILCS 505/8)  (from Ch. 120, par. 424)
7    Sec. 8. Except as provided in subsection (a-1) of this
8Section, Section 8a, subdivision (h)(1) of Section 12a, Section
913a.6, and items 13, 14, 15, and 16 of Section 15, all money
10received by the Department under this Act, including payments
11made to the Department by member jurisdictions participating in
12the International Fuel Tax Agreement, shall be deposited in a
13special fund in the State treasury, to be known as the "Motor
14Fuel Tax Fund", and shall be used as follows:
15    (a) 2 1/2 cents per gallon of the tax collected on special
16fuel under paragraph (b) of Section 2 and Section 13a of this
17Act shall be transferred to the State Construction Account Fund
18in the State Treasury; the remainder of the tax collected on
19special fuel under paragraph (b) of Section 2 and Section 13a
20of this Act shall be deposited into the Road Fund;
21    (a-1) Beginning on July 1, 2019, an amount equal to the
22amount of tax collected under subsection (a) of Section 2 as a
23result of the increase in the tax rate under Public Act 101-32

 

 

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1this amendatory Act of the 101st General Assembly shall be
2transferred each month into the Transportation Renewal Fund; .
3    (b) $420,000 shall be transferred each month to the State
4Boating Act Fund to be used by the Department of Natural
5Resources for the purposes specified in Article X of the Boat
6Registration and Safety Act;
7    (c) $3,500,000 shall be transferred each month to the Grade
8Crossing Protection Fund to be used as follows: not less than
9$12,000,000 each fiscal year shall be used for the construction
10or reconstruction of rail highway grade separation structures;
11$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
12fiscal year 2010 and each fiscal year thereafter shall be
13transferred to the Transportation Regulatory Fund and shall be
14accounted for as part of the rail carrier portion of such funds
15and shall be used to pay the cost of administration of the
16Illinois Commerce Commission's railroad safety program in
17connection with its duties under subsection (3) of Section
1818c-7401 of the Illinois Vehicle Code, with the remainder to be
19used by the Department of Transportation upon order of the
20Illinois Commerce Commission, to pay that part of the cost
21apportioned by such Commission to the State to cover the
22interest of the public in the use of highways, roads, streets,
23or pedestrian walkways in the county highway system, township
24and district road system, or municipal street system as defined
25in the Illinois Highway Code, as the same may from time to time
26be amended, for separation of grades, for installation,

 

 

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1construction or reconstruction of crossing protection or
2reconstruction, alteration, relocation including construction
3or improvement of any existing highway necessary for access to
4property or improvement of any grade crossing and grade
5crossing surface including the necessary highway approaches
6thereto of any railroad across the highway or public road, or
7for the installation, construction, reconstruction, or
8maintenance of a pedestrian walkway over or under a railroad
9right-of-way, as provided for in and in accordance with Section
1018c-7401 of the Illinois Vehicle Code. The Commission may order
11up to $2,000,000 per year in Grade Crossing Protection Fund
12moneys for the improvement of grade crossing surfaces and up to
13$300,000 per year for the maintenance and renewal of 4-quadrant
14gate vehicle detection systems located at non-high speed rail
15grade crossings. The Commission shall not order more than
16$2,000,000 per year in Grade Crossing Protection Fund moneys
17for pedestrian walkways. In entering orders for projects for
18which payments from the Grade Crossing Protection Fund will be
19made, the Commission shall account for expenditures authorized
20by the orders on a cash rather than an accrual basis. For
21purposes of this requirement an "accrual basis" assumes that
22the total cost of the project is expended in the fiscal year in
23which the order is entered, while a "cash basis" allocates the
24cost of the project among fiscal years as expenditures are
25actually made. To meet the requirements of this subsection, the
26Illinois Commerce Commission shall develop annual and 5-year

 

 

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1project plans of rail crossing capital improvements that will
2be paid for with moneys from the Grade Crossing Protection
3Fund. The annual project plan shall identify projects for the
4succeeding fiscal year and the 5-year project plan shall
5identify projects for the 5 directly succeeding fiscal years.
6The Commission shall submit the annual and 5-year project plans
7for this Fund to the Governor, the President of the Senate, the
8Senate Minority Leader, the Speaker of the House of
9Representatives, and the Minority Leader of the House of
10Representatives on the first Wednesday in April of each year;
11    (d) of the amount remaining after allocations provided for
12in subsections (a), (a-1), (b), and (c), a sufficient amount
13shall be reserved to pay all of the following:
14        (1) the costs of the Department of Revenue in
15    administering this Act;
16        (2) the costs of the Department of Transportation in
17    performing its duties imposed by the Illinois Highway Code
18    for supervising the use of motor fuel tax funds apportioned
19    to municipalities, counties and road districts;
20        (3) refunds provided for in Section 13, refunds for
21    overpayment of decal fees paid under Section 13a.4 of this
22    Act, and refunds provided for under the terms of the
23    International Fuel Tax Agreement referenced in Section
24    14a;
25        (4) from October 1, 1985 until June 30, 1994, the
26    administration of the Vehicle Emissions Inspection Law,

 

 

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1    which amount shall be certified monthly by the
2    Environmental Protection Agency to the State Comptroller
3    and shall promptly be transferred by the State Comptroller
4    and Treasurer from the Motor Fuel Tax Fund to the Vehicle
5    Inspection Fund, and for the period July 1, 1994 through
6    June 30, 2000, one-twelfth of $25,000,000 each month, for
7    the period July 1, 2000 through June 30, 2003, one-twelfth
8    of $30,000,000 each month, and $15,000,000 on July 1, 2003,
9    and $15,000,000 on January 1, 2004, and $15,000,000 on each
10    July 1 and October 1, or as soon thereafter as may be
11    practical, during the period July 1, 2004 through June 30,
12    2012, and $30,000,000 on June 1, 2013, or as soon
13    thereafter as may be practical, and $15,000,000 on July 1
14    and October 1, or as soon thereafter as may be practical,
15    during the period of July 1, 2013 through June 30, 2015,
16    for the administration of the Vehicle Emissions Inspection
17    Law of 2005, to be transferred by the State Comptroller and
18    Treasurer from the Motor Fuel Tax Fund into the Vehicle
19    Inspection Fund;
20        (4.5) beginning on July 1, 2019, the costs of the
21    Environmental Protection Agency for the administration of
22    the Vehicle Emissions Inspection Law of 2005 shall be paid,
23    subject to appropriation, from the Motor Fuel Tax Fund into
24    the Vehicle Inspection Fund; beginning in 2019, no later
25    than December 31 of each year, or as soon thereafter as
26    practical, the State Comptroller shall direct and the State

 

 

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1    Treasurer shall transfer from the Vehicle Inspection Fund
2    to the Motor Fuel Tax Fund any balance remaining in the
3    Vehicle Inspection Fund in excess of $2,000,000;
4        (5) amounts ordered paid by the Court of Claims; and
5        (6) payment of motor fuel use taxes due to member
6    jurisdictions under the terms of the International Fuel Tax
7    Agreement. The Department shall certify these amounts to
8    the Comptroller by the 15th day of each month; the
9    Comptroller shall cause orders to be drawn for such
10    amounts, and the Treasurer shall administer those amounts
11    on or before the last day of each month;
12    (e) after allocations for the purposes set forth in
13subsections (a), (a-1), (b), (c), and (d), the remaining amount
14shall be apportioned as follows:
15        (1) Until January 1, 2000, 58.4%, and beginning January
16    1, 2000, 45.6% shall be deposited as follows:
17            (A) 37% into the State Construction Account Fund,
18        and
19            (B) 63% into the Road Fund, $1,250,000 of which
20        shall be reserved each month for the Department of
21        Transportation to be used in accordance with the
22        provisions of Sections 6-901 through 6-906 of the
23        Illinois Highway Code;
24        (2) Until January 1, 2000, 41.6%, and beginning January
25    1, 2000, 54.4% shall be transferred to the Department of
26    Transportation to be distributed as follows:

 

 

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1            (A) 49.10% to the municipalities of the State,
2            (B) 16.74% to the counties of the State having
3        1,000,000 or more inhabitants,
4            (C) 18.27% to the counties of the State having less
5        than 1,000,000 inhabitants,
6            (D) 15.89% to the road districts of the State.
7        If a township is dissolved under Article 24 of the
8    Township Code, the county in which the township lies
9    McHenry County shall receive any moneys that would have
10    been distributed to the township under this subparagraph,
11    except that a municipality that assumes the powers and
12    responsibilities of a road district under paragraph (6) of
13    Section 24-35 of the Township Code shall receive any moneys
14    that would have been distributed to the township in a
15    percent equal to the area of the dissolved road district or
16    portion of the dissolved road district over which the
17    municipality assumed the powers and responsibilities
18    compared to the total area of the dissolved township. The
19    moneys received under this subparagraph shall be used in
20    the geographic area of the dissolved township. If a
21    township is reconstituted as provided under Section 24-45
22    of the Township Code, the county McHenry County or a
23    municipality shall no longer be distributed moneys under
24    this subparagraph.
25    As soon as may be after the first day of each month, the
26Department of Transportation shall allot to each municipality

 

 

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1its share of the amount apportioned to the several
2municipalities which shall be in proportion to the population
3of such municipalities as determined by the last preceding
4municipal census if conducted by the Federal Government or
5Federal census. If territory is annexed to any municipality
6subsequent to the time of the last preceding census the
7corporate authorities of such municipality may cause a census
8to be taken of such annexed territory and the population so
9ascertained for such territory shall be added to the population
10of the municipality as determined by the last preceding census
11for the purpose of determining the allotment for that
12municipality. If the population of any municipality was not
13determined by the last Federal census preceding any
14apportionment, the apportionment to such municipality shall be
15in accordance with any census taken by such municipality. Any
16municipal census used in accordance with this Section shall be
17certified to the Department of Transportation by the clerk of
18such municipality, and the accuracy thereof shall be subject to
19approval of the Department which may make such corrections as
20it ascertains to be necessary.
21    As soon as may be after the first day of each month, the
22Department of Transportation shall allot to each county its
23share of the amount apportioned to the several counties of the
24State as herein provided. Each allotment to the several
25counties having less than 1,000,000 inhabitants shall be in
26proportion to the amount of motor vehicle license fees received

 

 

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1from the residents of such counties, respectively, during the
2preceding calendar year. The Secretary of State shall, on or
3before April 15 of each year, transmit to the Department of
4Transportation a full and complete report showing the amount of
5motor vehicle license fees received from the residents of each
6county, respectively, during the preceding calendar year. The
7Department of Transportation shall, each month, use for
8allotment purposes the last such report received from the
9Secretary of State.
10    As soon as may be after the first day of each month, the
11Department of Transportation shall allot to the several
12counties their share of the amount apportioned for the use of
13road districts. The allotment shall be apportioned among the
14several counties in the State in the proportion which the total
15mileage of township or district roads in the respective
16counties bears to the total mileage of all township and
17district roads in the State. Funds allotted to the respective
18counties for the use of road districts therein shall be
19allocated to the several road districts in the county in the
20proportion which the total mileage of such township or district
21roads in the respective road districts bears to the total
22mileage of all such township or district roads in the county.
23After July 1 of any year prior to 2011, no allocation shall be
24made for any road district unless it levied a tax for road and
25bridge purposes in an amount which will require the extension
26of such tax against the taxable property in any such road

 

 

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1district at a rate of not less than either .08% of the value
2thereof, based upon the assessment for the year immediately
3prior to the year in which such tax was levied and as equalized
4by the Department of Revenue or, in DuPage County, an amount
5equal to or greater than $12,000 per mile of road under the
6jurisdiction of the road district, whichever is less. Beginning
7July 1, 2011 and each July 1 thereafter, an allocation shall be
8made for any road district if it levied a tax for road and
9bridge purposes. In counties other than DuPage County, if the
10amount of the tax levy requires the extension of the tax
11against the taxable property in the road district at a rate
12that is less than 0.08% of the value thereof, based upon the
13assessment for the year immediately prior to the year in which
14the tax was levied and as equalized by the Department of
15Revenue, then the amount of the allocation for that road
16district shall be a percentage of the maximum allocation equal
17to the percentage obtained by dividing the rate extended by the
18district by 0.08%. In DuPage County, if the amount of the tax
19levy requires the extension of the tax against the taxable
20property in the road district at a rate that is less than the
21lesser of (i) 0.08% of the value of the taxable property in the
22road district, based upon the assessment for the year
23immediately prior to the year in which such tax was levied and
24as equalized by the Department of Revenue, or (ii) a rate that
25will yield an amount equal to $12,000 per mile of road under
26the jurisdiction of the road district, then the amount of the

 

 

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1allocation for the road district shall be a percentage of the
2maximum allocation equal to the percentage obtained by dividing
3the rate extended by the district by the lesser of (i) 0.08% or
4(ii) the rate that will yield an amount equal to $12,000 per
5mile of road under the jurisdiction of the road district.
6    Prior to 2011, if any road district has levied a special
7tax for road purposes pursuant to Sections 6-601, 6-602, and
86-603 of the Illinois Highway Code, and such tax was levied in
9an amount which would require extension at a rate of not less
10than .08% of the value of the taxable property thereof, as
11equalized or assessed by the Department of Revenue, or, in
12DuPage County, an amount equal to or greater than $12,000 per
13mile of road under the jurisdiction of the road district,
14whichever is less, such levy shall, however, be deemed a proper
15compliance with this Section and shall qualify such road
16district for an allotment under this Section. Beginning in 2011
17and thereafter, if any road district has levied a special tax
18for road purposes under Sections 6-601, 6-602, and 6-603 of the
19Illinois Highway Code, and the tax was levied in an amount that
20would require extension at a rate of not less than 0.08% of the
21value of the taxable property of that road district, as
22equalized or assessed by the Department of Revenue or, in
23DuPage County, an amount equal to or greater than $12,000 per
24mile of road under the jurisdiction of the road district,
25whichever is less, that levy shall be deemed a proper
26compliance with this Section and shall qualify such road

 

 

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1district for a full, rather than proportionate, allotment under
2this Section. If the levy for the special tax is less than
30.08% of the value of the taxable property, or, in DuPage
4County if the levy for the special tax is less than the lesser
5of (i) 0.08% or (ii) $12,000 per mile of road under the
6jurisdiction of the road district, and if the levy for the
7special tax is more than any other levy for road and bridge
8purposes, then the levy for the special tax qualifies the road
9district for a proportionate, rather than full, allotment under
10this Section. If the levy for the special tax is equal to or
11less than any other levy for road and bridge purposes, then any
12allotment under this Section shall be determined by the other
13levy for road and bridge purposes.
14    Prior to 2011, if a township has transferred to the road
15and bridge fund money which, when added to the amount of any
16tax levy of the road district would be the equivalent of a tax
17levy requiring extension at a rate of at least .08%, or, in
18DuPage County, an amount equal to or greater than $12,000 per
19mile of road under the jurisdiction of the road district,
20whichever is less, such transfer, together with any such tax
21levy, shall be deemed a proper compliance with this Section and
22shall qualify the road district for an allotment under this
23Section.
24    In counties in which a property tax extension limitation is
25imposed under the Property Tax Extension Limitation Law, road
26districts may retain their entitlement to a motor fuel tax

 

 

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1allotment or, beginning in 2011, their entitlement to a full
2allotment if, at the time the property tax extension limitation
3was imposed, the road district was levying a road and bridge
4tax at a rate sufficient to entitle it to a motor fuel tax
5allotment and continues to levy the maximum allowable amount
6after the imposition of the property tax extension limitation.
7Any road district may in all circumstances retain its
8entitlement to a motor fuel tax allotment or, beginning in
92011, its entitlement to a full allotment if it levied a road
10and bridge tax in an amount that will require the extension of
11the tax against the taxable property in the road district at a
12rate of not less than 0.08% of the assessed value of the
13property, based upon the assessment for the year immediately
14preceding the year in which the tax was levied and as equalized
15by the Department of Revenue or, in DuPage County, an amount
16equal to or greater than $12,000 per mile of road under the
17jurisdiction of the road district, whichever is less.
18    As used in this Section, the term "road district" means any
19road district, including a county unit road district, provided
20for by the Illinois Highway Code; and the term "township or
21district road" means any road in the township and district road
22system as defined in the Illinois Highway Code. For the
23purposes of this Section, "township or district road" also
24includes such roads as are maintained by park districts, forest
25preserve districts and conservation districts. The Department
26of Transportation shall determine the mileage of all township

 

 

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1and district roads for the purposes of making allotments and
2allocations of motor fuel tax funds for use in road districts.
3    Payment of motor fuel tax moneys to municipalities and
4counties shall be made as soon as possible after the allotment
5is made. The treasurer of the municipality or county may invest
6these funds until their use is required and the interest earned
7by these investments shall be limited to the same uses as the
8principal funds.
9(Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19;
10101-493, eff. 8-23-19; revised 9-24-19.)
 
11    Section 10. The Township Code is amended by changing the
12heading of Article 24 and Sections 24-10, 24-15, 24-20, 24-30,
13and 24-35 as follows:
 
14    (60 ILCS 1/Art. 24 heading)
15
ARTICLE 24. DISSOLUTION OF
16
TOWNSHIPS IN MCHENRY COUNTY
17(Source: P.A. 101-230, eff. 8-9-19.)
 
18    (60 ILCS 1/24-10)
19    Sec. 24-10. Definition. As used in this Article, "electors"
20means the registered voters of any single township in a county
21under township organization McHenry County.
22(Source: P.A. 101-230, eff. 8-9-19.)
 

 

 

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1    (60 ILCS 1/24-15)
2    Sec. 24-15. Dissolving a township in McHenry County. By
3resolution, the board of trustees of a any township located in
4McHenry County may submit a proposition to dissolve the
5township to the electors of that township at the election next
6following in accordance with the general election law. The
7ballot shall be as provided for in Section 24-30.
8(Source: P.A. 101-230, eff. 8-9-19.)
 
9    (60 ILCS 1/24-20)
10    Sec. 24-20. Petition requirements; notice.
11    (a) Subject to the petition requirements of Section 28-3 of
12the Election Code, petitions for a referendum to dissolve a
13township located in McHenry County must be filed with the
14governing board of the township, the county board of McHenry
15County, and the county clerk McHenry County Clerk not less than
16122 days prior to any election held throughout the township.
17Petitions must include:
18        (1) the name of the dissolving township;
19        (2) the date of dissolution; and
20        (3) signatures of a number of electors as follows: (A)
21    for any township, the number of signatures shall be the
22    larger of (i) 5% of the total ballots cast in the township
23    in the immediately preceding election that is of an
24    election type comparable to the election for which the
25    petition is being filed, or (ii) 250 signatures. All

 

 

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1    signatures gathered under this paragraph (3) must be signed
2    within 180 days prior to the filing of a petition.
3    (b) The proposed date of dissolution shall be at least 90
4days after the date of the election at which the referendum is
5to be voted upon.
6    (c) If a valid petition is filed under subsection (a), then
7the county clerk McHenry County Clerk shall, by publication in
8one or more newspapers of general circulation within the county
9and on the county's website, not less than 90 days prior to the
10election at which the referendum is to be voted on, give notice
11in substantially the following form:
 
12    NOTICE OF PETITION TO DISSOLVE (dissolving township).
13    Residents of (dissolving township) and (county name)
14    McHenry County are notified that a petition has been filed
15    with (dissolving township) and (county name) McHenry
16    County requesting a referendum to dissolve (dissolving
17    township) on (date of dissolution) with all real and
18    personal property, and any other assets, together with all
19    personnel, contractual obligations, and liabilities being
20    transferred to (county name) McHenry County.
21(Source: P.A. 101-230, eff. 8-9-19.)
 
22    (60 ILCS 1/24-30)
23    Sec. 24-30. Referendum; voting.
24    (a) Subject to the requirements of Section 16-7 of the

 

 

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1Election Code, the referendum described in Section 24-25 shall
2be in substantially the following form on the ballot:
3--------
4    Shall the (dissolving
5township), together with any road
6districts wholly within the                   YES
7boundaries of (dissolving
8township), be dissolved on (date          --------------
9of dissolution) with all of
10the township and road district
11property, assets, personnel,                   NO
12obligations, and liabilities being
13transferred to (county name) McHenry County?
14-------------------------------------------------------------
15    (b) The referendum is approved when a majority of those
16voting in the election from the dissolving township approve the
17referendum.
18(Source: P.A. 101-230, eff. 8-9-19.)
 
19    (60 ILCS 1/24-35)
20    Sec. 24-35. Dissolution; transfer of rights and duties.
21When the dissolution of a township has been approved under
22Section 24-30:
23        (1) On or before the date of dissolution, all real and
24    personal property, and any other assets, together with all
25    personnel, contractual obligations, and liabilities of the

 

 

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1    dissolving township and road districts wholly within the
2    boundaries of the dissolving township shall be transferred
3    to the county McHenry County. All funds of the dissolved
4    township and dissolved road districts shall be used solely
5    on behalf of the residents of the geographic area within
6    the boundaries of the dissolved township.
7        After the transfer of property to the county under this
8    paragraph, all park land, cemetery land, buildings, and
9    facilities within the geographic area of the dissolving
10    township must be utilized for the primary benefit of the
11    geographic area of the dissolving township. Proceeds from
12    the sale of the park land, cemetery land, buildings, or
13    facilities after transfer to the county must be utilized
14    for the sole benefit of the geographic area of the
15    dissolved township.
16        (2) On the date of dissolution, the dissolving township
17    is dissolved.
18        (3) On and after the date of dissolution, all rights
19    and duties of the dissolved township may be exercised by
20    the county board McHenry County Board solely on behalf of
21    the residents of the geographic area within the boundaries
22    of the dissolved township. The duties that may be exercised
23    by the county include, but are not limited to, the
24    administration of a dissolved township's general
25    assistance program, maintenance and operation of a
26    dissolved township's cemeteries, and the county assessor

 

 

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1    or county supervisor of assessments Chief County
2    Assessment officer of McHenry County exercising the duties
3    of the township assessor.
4        (4) The county board McHenry County Board shall not
5    extend a property tax levy that is greater than 90% of the
6    property tax levy extended by the dissolved township or
7    road districts for the duties taken on by the county
8    McHenry County. This property tax levy may not be extended
9    outside the boundaries of the dissolved township. In all
10    subsequent years, this levy shall be bound by the
11    provisions of the Property Tax Extension Limitation Law.
12        A tax levy extended under this paragraph may be used
13    for the purposes allowed by the statute authorizing the tax
14    levy or to pay liabilities of the dissolved township or
15    dissolved road districts that were transferred to the
16    county under paragraph (1). The taxpayers within the
17    boundaries of the dissolved township are responsible to pay
18    any liabilities transferred to the county: the county shall
19    reduce spending within the boundaries of the former
20    township in the amount necessary to pay off any liabilities
21    transferred to the county under paragraph (1) that are not
22    covered by the assets enumerated in paragraph (1) or taxes
23    under this paragraph.
24        (5) All road districts wholly within the boundaries of
25    the dissolving township are dissolved on the date of
26    dissolution of the dissolving township, and all powers and

 

 

HB4496- 20 -LRB101 17532 AWJ 66948 b

1    responsibilities of each road district are transferred to
2    the county McHenry County except as provided in paragraph
3    (6).
4        (6) The county board of McHenry County shall give
5    written notice to each municipality whose governing board
6    meets within the boundaries of a dissolving township that
7    the municipality may make an offer, on or before 60 days
8    after the date of dissolution of the dissolving township,
9    that the municipality will assume all of the powers and
10    responsibilities of a road district or road districts
11    wholly inside the dissolving township. The notice shall be
12    sent to each municipality on or before 30 days after the
13    date of dissolution of the township. Any eligible
14    municipality may, with consent of its governing board, make
15    an offer to assume all of the powers and responsibilities
16    of the dissolving township's road district or road
17    districts. A municipality may offer to assume the powers
18    and responsibilities only for a limited period of time. If
19    one or more offers are received by the county McHenry
20    County on or before 60 days after the date of dissolution
21    of the dissolving township, the county board of McHenry
22    County shall select the best offer or offers that the board
23    determines would be in the best interest and welfare of the
24    affected resident population. If no municipality makes an
25    offer or if no satisfactory offer is made, the powers and
26    duties of the dissolving township's road district or road

 

 

HB4496- 21 -LRB101 17532 AWJ 66948 b

1    districts are retained by the county McHenry County. The
2    municipality that assumes the powers and duties of the
3    dissolving township's road district or road districts
4    shall not extend a road district property tax levy under
5    Division 5 of Article 6 of the Illinois Highway Code that
6    is greater than 90% of the road district property tax levy
7    that was extended by the county on behalf of the dissolving
8    township's road district or road districts for the duties
9    taken on by the municipality.
10        (7) On the date of dissolution of the township or road
11    district, elected and appointed township officers and road
12    commissioners shall cease to hold office. An elected or
13    appointed township official or township road commissioner
14    shall not be compensated for any other duties performed
15    after the dissolution of the township or road district that
16    they represented. An elected township official or township
17    road commissioner shall not have legal recourse relating to
18    the ceasing of their elected or appointed positions upon
19    the ceasing of their position.
20(Source: P.A. 101-230, eff. 8-9-19.)
 
21    Section 15. The Illinois Highway Code is amended by
22changing Section 6-140 as follows:
 
23    (605 ILCS 5/6-140)
24    Sec. 6-140. Abolishing a township road district within Lake

 

 

HB4496- 22 -LRB101 17532 AWJ 66948 b

1County or McHenry County with less than 15 miles of roads. A
2Any township in Lake County or McHenry County shall abolish a
3road district of that township if the roads of the road
4district are less than 15 centerline miles in length, as
5determined by the county engineer or county superintendent of
6highways. A road district is abolished on the expiration of the
7term of office of the highway commissioner of the road district
8facing abolition following the determination by the county
9engineer or county superintendent of highways of the length, in
10centerline mileage, of the roads within the road district to be
11abolished.
12    On the date of abolition: all the rights, powers, duties,
13assets, property, liabilities, obligations, and
14responsibilities of the road district shall by operation of law
15vest in and be assumed by the township; the township board of
16trustees shall assume all taxing authority of a road district
17abolished under this Section and shall exercise all duties and
18responsibilities of the highway commissioner as provided in
19this Code; and for purposes of distribution of revenue, the
20township shall assume the powers, duties, and obligations of
21the road district. The township board of trustees may enter
22into a contract with the county, a municipality, or a private
23contractor to administer the roads added to its jurisdiction
24under this Section.
25(Source: P.A. 101-230, eff. 8-9-19.)
 

 

 

HB4496- 23 -LRB101 17532 AWJ 66948 b

1    (605 ILCS 5/6-135 rep.)
2    Section 20. The Illinois Highway Code is amended by
3repealing Section 6-135.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.