State of Illinois
92nd General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


HB4365 Enrolled                                LRB9212636DHmg

 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 as follows:

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

21        (605 ILCS 5/6-508) (from Ch. 121, par. 6-508)
22        Sec.  6-508.  (a)  For  the  purpose  of  constructing or
23    repairing bridges, culverts,  drainage  structures  or  grade
24    separations,  including  approaches  thereto,  at  the  joint
25    expense  of  a  county  and a road district and obtaining aid
26    from the county as provided in Section 5-501  of  this  Code,
27    there  may  be included in the annual tax levies provided for
28    in Section 6-501 of this Code a tax of not to exceed  .05% of
29    the value of all the taxable property in the  road  district,
30    as  equalized or assessed by the Department of Revenue, which
HB4365 Enrolled            -2-                 LRB9212636DHmg
 1    tax shall be in addition to and  may  be  in  excess  of  the
 2    maximum levy and may be extended at a rate in addition to and
 3    in  excess of the tax rate for road purposes authorized under
 4    Section 6-501 of this Code.
 5        Such tax, when collected, shall constitute and be held by
 6    the treasurer of the  district  as  a  separate  fund  to  be
 7    expended for the construction or repair of bridges, culverts,
 8    drainage   structures   or   grade   separations,   including
 9    approaches  thereto,  at  the joint expense of the county and
10    the road district.  The highway commissioner shall separately
11    specify in the certificate  required  by  Section  6-501  the
12    amount  necessary to be raised by taxation for the purpose of
13    constructing  or  repairing   bridges,   culverts,   drainage
14    structures   or   grade   separations,  including  approaches
15    thereto, at the joint expense of  the  county  and  the  road
16    district.   Upon  the  approval  by  the  county board of the
17    amount so certified as provided  in  Section  6-501  of  this
18    Code,  the  county  clerk  shall  extend the same against the
19    taxable property of the road district,  provided  the  amount
20    thus  approved  shall  not be extended at a rate in excess of
21    .05% of value, as equalized or assessed by the Department  of
22    Revenue.
23        When  any  improvement  project  for  which  a tax may be
24    levied under this Section has been  ordered  as  provided  in
25    Section  5-501  and the estimated cost of such project to the
26    road district is  in  excess  of  the  amount  that  will  be
27    realized  from the annual tax levy authorized by this Section
28    when extended and  collected,  then  the  road  district  may
29    accumulate  the proceeds of such tax for such number of years
30    as may be necessary to acquire the funds necessary to pay the
31    district's share of the cost of such project.  In counties in
32    which a property tax extension limitation  is  imposed  under
33    the  Property Tax Extension Limitation Law and the imposition
34    of the property tax  extension  limitation  prevents  a  road
HB4365 Enrolled            -3-                 LRB9212636DHmg
 1    district from levying taxes for road purposes at the required
 2    rate,  a  road district may retain its eligibility if, at the
 3    time the property tax extension limitation was  imposed,  the
 4    road  district was levying at the required rate and continues
 5    to levy the maximum allowable amount after the imposition  of
 6    the  property  tax  extension  limitation.  It shall not be a
 7    valid objection to any subsequent tax levy  made  under  this
 8    Section  that  there  remains unexpended money arising from a
 9    preceding levy of a prior year because  of  the  accumulation
10    provided for in this Section.
11        The  rate  limitation  imposed  by  this  Section  may be
12    increased for a 10 year period to up to 0.25% of the value of
13    all the taxable property in the road district,  as  equalized
14    or  assessed  by the Department of Revenue if the proposition
15    for the increased tax rate is submitted under Sections  6-504
16    and  6-505 and receives a majority of all ballots cast on the
17    proposition at the election held under Section 6-505.
18        (b)  All surplus funds remaining  in  the  hands  of  the
19    treasurer  of  the  road district after the completion of any
20    construction or  repairing  of  bridges,  culverts,  drainage
21    structures   or   grade   separations,  including  approaches
22    thereto, under this Section, shall  be  turned  over  at  the
23    request of the highway commissioner, with the written consent
24    of the county superintendent, to the regular road fund of the
25    road district.  Upon such request, no further levy under this
26    Section  is  to  be  extended  by the county clerk unless the
27    proposition authorizing such further levy is submitted  under
28    Sections  6-504  and  6-505  and  receives  a majority of all
29    ballots cast on the proposition at the  election  held  under
30    Section 6-505.
31        (c)  The  moneys  from  this  tax  may  also  be used for
32    construction and maintenance of bridges, culverts  and  other
33    drainage   facilities,   or   grade   separations,  including
34    approaches thereto, on, under, or over  the  district  roads,
HB4365 Enrolled            -4-                 LRB9212636DHmg
 1    without   joint  county  funds  being  involved  and  without
 2    limitation as to size of project, but only if adequate  funds
 3    are  available  for  all projects for which the road district
 4    has petitioned the county for  joint  participation.  If  the
 5    project  size  is  over  $10,000  $5,000,  the  road district
 6    commissioner shall also obtain the permission of  the  county
 7    engineer.
 8    (Source: P.A. 92-268, eff. 1-1-02.)

 9        (605 ILCS 5/6-701.8) (from Ch. 121, par. 6-701.8)
10        Sec.  6-701.8.  The  formula  allocation for township and
11    road districts for the distribution of motor fuel tax  funds,
12    provided for in Section 8 in the "Motor Fuel Tax Law", may be
13    used  by  the highway commissioner, subject to the conditions
14    set out in Sections 6-301, 6-701.1 and  6-701.2  as  respects
15    the  methods,  equipment  and  materials appropriate for such
16    maintenance or improvement, and, in township  counties,  with
17    the   approval  of  the  board  of  town  trustees,  for  the
18    maintenance or improvement of nondedicated subdivision  roads
19    established  prior  to  July 23, 1959. Any such road improved
20    becomes, by operation of law, a  part  of  the  township  and
21    district  road  system providing such road meets standards as
22    established by the county. In township counties, the board of
23    town trustees shall condition its approval,  as  required  by
24    this   Section,  upon  proportional  matching  contributions,
25    whether in cash, kind, services  or  otherwise,  by  property
26    owners  in  the subdivision where such a road is situated. No
27    more  than  the  amount  of  the   increase   in   allocation
28    attributable   to   this  amendatory  Act  of  1979  and  any
29    subsequent  amendatory  Act  plus  50%  20%  of  such   funds
30    otherwise  allocated under the formula as provided in Section
31    8 in the "Motor Fuel Tax Law" and  subsequently  approved  as
32    provided  in  this  Section,  may  be  expended  on  eligible
33    nondedicated subdivision roads.
HB4365 Enrolled            -5-                 LRB9212636DHmg
 1    (Source: P.A. 83-957.)

 2        Section  99.  Effective date.  This Act takes effect upon
 3    becoming law.

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