State of Illinois
92nd General Assembly

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]



 1        AN ACT in relation to highways.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Highway  Code  is amended by
 5    changing  Sections  6-130,  6-508,  and  6-701.8  and  adding
 6    Section 6-132 as follows:

 7        (605 ILCS 5/6-130) (from Ch. 121, par. 6-130)
 8        Sec. 6-130. Notwithstanding any other provision  of  this
 9    Act  to  the contrary, no township road district may continue
10    in existence if the roads forming a part of the  district  do
11    not exceed a total of 4 miles in length. On the first Tuesday
12    in  April  of 1975, or of any subsequent year next succeeding
13    the reduction of a township road system to a total mileage of
14    4 miles or less, each such township road district  shall,  by
15    operation  of  law,  be  abolished. The roads comprising that
16    district at that time shall thereafter be administered by the
17    township board of trustees by contracting with the county,  a
18    municipality or a private contractor.   The township board of
19    trustees shall assume all taxing authority of a township road
20    district abolished under this Section.
21    (Source: P.A. 83-605.)

22        (605 ILCS 5/6-132 new)
23        Sec.  6-132.  Recycling.  A road district may organize or
24    participate in one or more recycling  programs  and  may  use
25    moneys  in  its  district road fund to pay for all or part of
26    the direct costs of recycling.

27        (605 ILCS 5/6-508) (from Ch. 121, par. 6-508)
28        Sec. 6-508.  (a)  For  the  purpose  of  constructing  or
29    repairing  bridges,  culverts,  drainage  structures or grade
                            -2-                LRB9212636DHmg
 1    separations,  including  approaches  thereto,  at  the  joint
 2    expense of a county and a road  district  and  obtaining  aid
 3    from  the  county  as provided in Section 5-501 of this Code,
 4    there may be included in the annual tax levies  provided  for
 5    in Section 6-501 of this Code a tax of not to exceed  .05% of
 6    the  value  of all the taxable property in the road district,
 7    as equalized or assessed by the Department of Revenue,  which
 8    tax  shall  be  in  addition  to  and may be in excess of the
 9    maximum levy and may be extended at a rate in addition to and
10    in excess of the tax rate for road purposes authorized  under
11    Section 6-501 of this Code.
12        Such tax, when collected, shall constitute and be held by
13    the  treasurer  of  the  district  as  a  separate fund to be
14    expended for the construction or repair of bridges, culverts,
15    drainage   structures   or   grade   separations,   including
16    approaches thereto, at the joint expense of  the  county  and
17    the road district.  The highway commissioner shall separately
18    specify  in  the  certificate  required  by Section 6-501 the
19    amount necessary to be raised by taxation for the purpose  of
20    constructing   or   repairing   bridges,  culverts,  drainage
21    structures  or  grade   separations,   including   approaches
22    thereto,  at  the  joint  expense  of the county and the road
23    district.  Upon the approval  by  the  county  board  of  the
24    amount  so  certified  as  provided  in Section 6-501 of this
25    Code, the county clerk shall  extend  the  same  against  the
26    taxable  property  of  the road district, provided the amount
27    thus approved shall not be extended at a rate  in  excess  of
28    .05%  of value, as equalized or assessed by the Department of
29    Revenue.
30        When any improvement project  for  which  a  tax  may  be
31    levied  under  this  Section  has been ordered as provided in
32    Section 5-501 and the estimated cost of such project  to  the
33    road  district  is  in  excess  of  the  amount  that will be
34    realized from the annual tax levy authorized by this  Section
                            -3-                LRB9212636DHmg
 1    when  extended  and  collected,  then  the  road district may
 2    accumulate the proceeds of such tax for such number of  years
 3    as may be necessary to acquire the funds necessary to pay the
 4    district's share of the cost of such project.  In counties in
 5    which  a  property  tax extension limitation is imposed under
 6    the Property Tax Extension Limitation Law and the  imposition
 7    of  the  property  tax  extension  limitation prevents a road
 8    district from levying taxes for road purposes at the required
 9    rate, a road district may retain its eligibility if,  at  the
10    time  the  property tax extension limitation was imposed, the
11    road district was levying at the required rate and  continues
12    to  levy the maximum allowable amount after the imposition of
13    the property tax extension limitation.  It  shall  not  be  a
14    valid  objection  to  any subsequent tax levy made under this
15    Section that there remains unexpended money  arising  from  a
16    preceding  levy  of  a prior year because of the accumulation
17    provided for in this Section.
18        The rate  limitation  imposed  by  this  Section  may  be
19    increased for a 10 year period to up to 0.25% of the value of
20    all  the  taxable property in the road district, as equalized
21    or assessed by the Department of Revenue if  the  proposition
22    for  the increased tax rate is submitted under Sections 6-504
23    and 6-505 and receives a majority of all ballots cast on  the
24    proposition at the election held under Section 6-505.
25        (b)  All  surplus  funds  remaining  in  the hands of the
26    treasurer of the road district after the  completion  of  any
27    construction  or  repairing  of  bridges,  culverts, drainage
28    structures  or  grade   separations,   including   approaches
29    thereto,  under  this  Section,  shall  be turned over at the
30    request of the highway commissioner, with the written consent
31    of the county superintendent, to the regular road fund of the
32    road district.  Upon such request, no further levy under this
33    Section is to be extended by  the  county  clerk  unless  the
34    proposition  authorizing such further levy is submitted under
                            -4-                LRB9212636DHmg
 1    Sections 6-504 and 6-505  and  receives  a  majority  of  all
 2    ballots  cast  on  the proposition at the election held under
 3    Section 6-505.
 4        (c)  The moneys from  this  tax  may  also  be  used  for
 5    construction  and  maintenance of bridges, culverts and other
 6    drainage  facilities,   or   grade   separations,   including
 7    approaches  thereto,  on,  under, or over the district roads,
 8    without  joint  county  funds  being  involved  and   without
 9    limitation  as to size of project, but only if adequate funds
10    are available for all projects for which  the  road  district
11    has  petitioned  the  county  for joint participation. If the
12    project size  is  over  $10,000  $5,000,  the  road  district
13    commissioner  shall  also obtain the permission of the county
14    engineer.
15    (Source: P.A. 92-268, eff. 1-1-02.)

16        (605 ILCS 5/6-701.8) (from Ch. 121, par. 6-701.8)
17        Sec. 6-701.8. The formula  allocation  for  township  and
18    road  districts for the distribution of motor fuel tax funds,
19    provided for in Section 8 in the "Motor Fuel Tax Law", may be
20    used by the highway commissioner, subject to  the  conditions
21    set  out  in  Sections 6-301, 6-701.1 and 6-701.2 as respects
22    the methods, equipment and  materials  appropriate  for  such
23    maintenance  or  improvement, and, in township counties, with
24    the  approval  of  the  board  of  town  trustees,  for   the
25    maintenance  or improvement of nondedicated subdivision roads
26    established prior to July 23, 1959. Any  such  road  improved
27    becomes,  by  operation  of  law,  a part of the township and
28    district road system providing such road meets  standards  as
29    established by the county. In township counties, the board of
30    town  trustees  shall  condition its approval, as required by
31    this  Section,  upon  proportional  matching   contributions,
32    whether  in  cash,  kind,  services or otherwise, by property
33    owners in the subdivision where such a road is  situated.  No
                            -5-                LRB9212636DHmg
 1    more   than   the   amount  of  the  increase  in  allocation
 2    attributable  to  this  amendatory  Act  of  1979   and   any
 3    subsequent   amendatory  Act  plus  50%  20%  of  such  funds
 4    otherwise allocated under the formula as provided in  Section
 5    8  in  the  "Motor Fuel Tax Law" and subsequently approved as
 6    provided  in  this  Section,  may  be  expended  on  eligible
 7    nondedicated subdivision roads.
 8    (Source: P.A. 83-957.)

 9        Section 99.  Effective date.  This Act takes effect  upon
10    becoming law.

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