Bill Text: IL HB4496 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: 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 the roads of the road district are less than 15 miles in length 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4496 Detail]
Download: Illinois-2019-HB4496-Introduced.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Motor Fuel Tax Law is amended by changing | ||||||||||||||||||||||||||||||||||||||||
5 | Section 8 as follows:
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6 | (35 ILCS 505/8) (from Ch. 120, par. 424)
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7 | Sec. 8. Except as provided in subsection (a-1) of this | ||||||||||||||||||||||||||||||||||||||||
8 | Section, Section 8a, subdivision
(h)(1) of Section 12a, Section | ||||||||||||||||||||||||||||||||||||||||
9 | 13a.6, and items
13, 14, 15, and 16 of Section 15, all money | ||||||||||||||||||||||||||||||||||||||||
10 | received by the Department under
this Act, including payments | ||||||||||||||||||||||||||||||||||||||||
11 | made to the Department by
member jurisdictions participating in | ||||||||||||||||||||||||||||||||||||||||
12 | the International Fuel Tax Agreement,
shall be deposited in a | ||||||||||||||||||||||||||||||||||||||||
13 | special fund in the State treasury, to be known as the
"Motor | ||||||||||||||||||||||||||||||||||||||||
14 | Fuel Tax Fund", and shall be used as follows:
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15 | (a) 2 1/2 cents per gallon of the tax collected on special | ||||||||||||||||||||||||||||||||||||||||
16 | fuel under
paragraph (b) of Section 2 and Section 13a of this | ||||||||||||||||||||||||||||||||||||||||
17 | Act shall be transferred
to the State Construction Account Fund | ||||||||||||||||||||||||||||||||||||||||
18 | in the State Treasury; the remainder of the tax collected on | ||||||||||||||||||||||||||||||||||||||||
19 | special fuel under
paragraph (b) of Section 2 and Section 13a | ||||||||||||||||||||||||||||||||||||||||
20 | of this Act shall be deposited into the Road Fund;
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21 | (a-1) Beginning on July 1, 2019, an amount equal to the | ||||||||||||||||||||||||||||||||||||||||
22 | amount of tax collected under subsection (a) of Section 2 as a | ||||||||||||||||||||||||||||||||||||||||
23 | result of the increase in the tax rate under Public Act 101-32 |
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1 | this amendatory Act of the 101st General Assembly shall be | ||||||
2 | transferred each month into the Transportation Renewal Fund ; . | ||||||
3 | (b) $420,000 shall be transferred each month to the State | ||||||
4 | Boating Act
Fund to be used by the Department of Natural | ||||||
5 | Resources for the purposes
specified in Article X of the Boat | ||||||
6 | Registration and Safety Act;
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7 | (c) $3,500,000 shall be transferred each month to the Grade | ||||||
8 | Crossing
Protection Fund to be used as follows: not less than | ||||||
9 | $12,000,000 each fiscal
year shall be used for the construction | ||||||
10 | or reconstruction of rail highway grade
separation structures; | ||||||
11 | $2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in | ||||||
12 | fiscal year 2010 and each fiscal
year
thereafter shall be | ||||||
13 | transferred to the Transportation
Regulatory Fund and shall be | ||||||
14 | accounted for as part of the rail carrier
portion of such funds | ||||||
15 | and shall be used to pay the cost of administration
of the | ||||||
16 | Illinois Commerce Commission's railroad safety program in | ||||||
17 | connection
with its duties under subsection (3) of Section | ||||||
18 | 18c-7401 of the Illinois
Vehicle Code, with the remainder to be | ||||||
19 | used by the Department of Transportation
upon order of the | ||||||
20 | Illinois Commerce Commission, to pay that part of the
cost | ||||||
21 | apportioned by such Commission to the State to cover the | ||||||
22 | interest
of the public in the use of highways, roads, streets, | ||||||
23 | or
pedestrian walkways in the
county highway system, township | ||||||
24 | and district road system, or municipal
street system as defined | ||||||
25 | in the Illinois Highway Code, as the same may
from time to time | ||||||
26 | be amended, for separation of grades, for installation,
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1 | construction or reconstruction of crossing protection or | ||||||
2 | reconstruction,
alteration, relocation including construction | ||||||
3 | or improvement of any
existing highway necessary for access to | ||||||
4 | property or improvement of any
grade crossing and grade | ||||||
5 | crossing surface including the necessary highway approaches | ||||||
6 | thereto of any
railroad across the highway or public road, or | ||||||
7 | for the installation,
construction, reconstruction, or | ||||||
8 | maintenance of a pedestrian walkway over or
under a railroad | ||||||
9 | right-of-way, as provided for in and in
accordance with Section | ||||||
10 | 18c-7401 of the Illinois Vehicle Code.
The Commission may order | ||||||
11 | up to $2,000,000 per year in Grade Crossing Protection Fund | ||||||
12 | moneys for the improvement of grade crossing surfaces and up to | ||||||
13 | $300,000 per year for the maintenance and renewal of 4-quadrant | ||||||
14 | gate vehicle detection systems located at non-high speed rail | ||||||
15 | grade crossings. The Commission shall not order more than | ||||||
16 | $2,000,000 per year in Grade
Crossing Protection Fund moneys | ||||||
17 | for pedestrian walkways.
In entering orders for projects for | ||||||
18 | which payments from the Grade Crossing
Protection Fund will be | ||||||
19 | made, the Commission shall account for expenditures
authorized | ||||||
20 | by the orders on a cash rather than an accrual basis. For | ||||||
21 | purposes
of this requirement an "accrual basis" assumes that | ||||||
22 | the total cost of the
project is expended in the fiscal year in | ||||||
23 | which the order is entered, while a
"cash basis" allocates the | ||||||
24 | cost of the project among fiscal years as
expenditures are | ||||||
25 | actually made. To meet the requirements of this subsection,
the | ||||||
26 | Illinois Commerce Commission shall develop annual and 5-year |
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1 | project plans
of rail crossing capital improvements that will | ||||||
2 | be paid for with moneys from
the Grade Crossing Protection | ||||||
3 | Fund. The annual project plan shall identify
projects for the | ||||||
4 | succeeding fiscal year and the 5-year project plan shall
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5 | identify projects for the 5 directly succeeding fiscal years. | ||||||
6 | The Commission
shall submit the annual and 5-year project plans | ||||||
7 | for this Fund to the Governor,
the President of the Senate, the | ||||||
8 | Senate Minority Leader, the Speaker of the
House of | ||||||
9 | Representatives, and the Minority Leader of the House of
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10 | Representatives on
the first Wednesday in April of each year;
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11 | (d) of the amount remaining after allocations provided for | ||||||
12 | in
subsections (a), (a-1), (b) , and (c), a sufficient amount | ||||||
13 | shall be reserved to
pay all of the following:
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14 | (1) the costs of the Department of Revenue in | ||||||
15 | administering this
Act;
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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;
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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;
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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
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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
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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;
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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
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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
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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;
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12 | (e) after allocations for the purposes set forth in | ||||||
13 | subsections
(a), (a-1), (b), (c) , and (d), the remaining amount | ||||||
14 | shall be apportioned as follows:
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15 | (1) Until January 1, 2000, 58.4%, and beginning January | ||||||
16 | 1, 2000, 45.6%
shall be deposited as follows:
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17 | (A) 37% into the State Construction Account Fund, | ||||||
18 | and
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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;
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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,
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2 | (B) 16.74% to the counties of the State having | ||||||
3 | 1,000,000 or more inhabitants,
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4 | (C) 18.27% to the counties of the State having less | ||||||
5 | than 1,000,000 inhabitants,
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6 | (D) 15.89% to the road districts of the State.
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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 | ||||||
26 | Department of
Transportation shall allot to each municipality |
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1 | its share of the amount
apportioned to the several | ||||||
2 | municipalities which shall be in proportion
to the population | ||||||
3 | of such municipalities as determined by the last
preceding | ||||||
4 | municipal census if conducted by the Federal Government or
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5 | Federal census. If territory is annexed to any municipality | ||||||
6 | subsequent
to the time of the last preceding census the | ||||||
7 | corporate authorities of
such municipality may cause a census | ||||||
8 | to be taken of such annexed
territory and the population so | ||||||
9 | ascertained for such territory shall be
added to the population | ||||||
10 | of the municipality as determined by the last
preceding census | ||||||
11 | for the purpose of determining the allotment for that
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12 | municipality. If the population of any municipality was not | ||||||
13 | determined
by the last Federal census preceding any | ||||||
14 | apportionment, the
apportionment to such municipality shall be | ||||||
15 | in accordance with any
census taken by such municipality. Any | ||||||
16 | municipal census used in
accordance with this Section shall be | ||||||
17 | certified to the Department of
Transportation by the clerk of | ||||||
18 | such municipality, and the accuracy
thereof shall be subject to | ||||||
19 | approval of the Department which may make
such corrections as | ||||||
20 | it ascertains to be necessary.
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21 | As soon as may be after the first day of each month , the | ||||||
22 | Department of
Transportation shall allot to each county its | ||||||
23 | share of the amount
apportioned to the several counties of the | ||||||
24 | State as herein provided.
Each allotment to the several | ||||||
25 | counties having less than 1,000,000
inhabitants shall be in | ||||||
26 | proportion to the amount of motor vehicle
license fees received |
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1 | from the residents of such counties, respectively,
during the | ||||||
2 | preceding calendar year. The Secretary of State shall, on or
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3 | before April 15 of each year, transmit to the Department of
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4 | Transportation a full and complete report showing the amount of | ||||||
5 | motor
vehicle license fees received from the residents of each | ||||||
6 | county,
respectively, during the preceding calendar year. The | ||||||
7 | Department of
Transportation shall, each month, use for | ||||||
8 | allotment purposes the last
such report received from the | ||||||
9 | Secretary of State.
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10 | As soon as may be after the first day of each month, the | ||||||
11 | Department
of Transportation shall allot to the several | ||||||
12 | counties their share of the
amount apportioned for the use of | ||||||
13 | road districts. The allotment shall
be apportioned among the | ||||||
14 | several counties in the State in the proportion
which the total | ||||||
15 | mileage of township or district roads in the respective
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16 | counties bears to the total mileage of all township and | ||||||
17 | district roads
in the State. Funds allotted to the respective | ||||||
18 | counties for the use of
road districts therein shall be | ||||||
19 | allocated to the several road districts
in the county in the | ||||||
20 | proportion which the total mileage of such township
or district | ||||||
21 | roads in the respective road districts bears to the total
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22 | mileage of all such township or district roads in the county. | ||||||
23 | After
July 1 of any year prior to 2011, no allocation shall be | ||||||
24 | made for any road district
unless it levied a tax for road and | ||||||
25 | bridge purposes in an amount which
will require the extension | ||||||
26 | of such tax against the taxable property in
any such road |
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1 | district at a rate of not less than either .08% of the value
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2 | thereof, based upon the assessment for the year immediately | ||||||
3 | prior to the year
in which such tax was levied and as equalized | ||||||
4 | by the Department of Revenue
or, in DuPage County, an amount | ||||||
5 | equal to or greater than $12,000 per mile of
road under the | ||||||
6 | jurisdiction of the road district, whichever is less. Beginning | ||||||
7 | July 1, 2011 and each July 1 thereafter, an allocation shall be | ||||||
8 | made for any road district
if it levied a tax for road and | ||||||
9 | bridge purposes. In counties other than DuPage County, if the | ||||||
10 | amount of the tax levy requires the extension of the tax | ||||||
11 | against the taxable property in
the road district at a rate | ||||||
12 | that is less than 0.08% of the value
thereof, based upon the | ||||||
13 | assessment for the year immediately prior to the year
in which | ||||||
14 | the tax was levied and as equalized by the Department of | ||||||
15 | Revenue, then the amount of the allocation for that road | ||||||
16 | district shall be a percentage of the maximum allocation equal | ||||||
17 | to the percentage obtained by dividing the rate extended by the | ||||||
18 | district by 0.08%. In DuPage County, if the amount of the tax | ||||||
19 | levy requires the extension of the tax against the taxable | ||||||
20 | property in
the road district at a rate that is less than the | ||||||
21 | lesser of (i) 0.08% of the value
of the taxable property in the | ||||||
22 | road district, based upon the assessment for the year | ||||||
23 | immediately prior to the year
in which such tax was levied and | ||||||
24 | as equalized by the Department of Revenue,
or (ii) a rate that | ||||||
25 | will yield an amount equal to $12,000 per mile of
road under | ||||||
26 | the jurisdiction of the road district, then the amount of the |
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1 | allocation for the road district shall be a percentage of the | ||||||
2 | maximum allocation equal to the percentage obtained by dividing | ||||||
3 | the 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 | ||||||
5 | mile of
road under the jurisdiction of the road district. | ||||||
6 | Prior to 2011, if any
road district has levied a special | ||||||
7 | tax for road purposes
pursuant to Sections 6-601, 6-602 , and | ||||||
8 | 6-603 of the Illinois Highway Code, and
such tax was levied in | ||||||
9 | an amount which would require extension at a
rate of not less | ||||||
10 | than .08% of the value of the taxable property thereof,
as | ||||||
11 | equalized or assessed by the Department of Revenue,
or, in | ||||||
12 | DuPage County, an amount equal to or greater than $12,000 per | ||||||
13 | mile of
road under the jurisdiction of the road district, | ||||||
14 | whichever is less,
such levy shall, however, be deemed a proper | ||||||
15 | compliance with this
Section and shall qualify such road | ||||||
16 | district for an allotment under this
Section. Beginning in 2011 | ||||||
17 | and thereafter, if any
road district has levied a special tax | ||||||
18 | for road purposes
under Sections 6-601, 6-602, and 6-603 of the | ||||||
19 | Illinois Highway Code, and
the tax was levied in an amount that | ||||||
20 | would require extension at a
rate of not less than 0.08% of the | ||||||
21 | value of the taxable property of that road district,
as | ||||||
22 | equalized or assessed by the Department of Revenue or, in | ||||||
23 | DuPage County, an amount equal to or greater than $12,000 per | ||||||
24 | mile of road under the jurisdiction of the road district, | ||||||
25 | whichever is less, that levy shall be deemed a proper | ||||||
26 | compliance with this
Section and shall qualify such road |
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1 | district for a full, rather than proportionate, allotment under | ||||||
2 | this
Section. If the levy for the special tax is less than | ||||||
3 | 0.08% of the value of the taxable property, or, in DuPage | ||||||
4 | County if the levy for the special tax is less than the lesser | ||||||
5 | of (i) 0.08% or (ii) $12,000 per mile of road under the | ||||||
6 | jurisdiction of the road district, and if the levy for the | ||||||
7 | special tax is more than any other levy for road and bridge | ||||||
8 | purposes, then the levy for the special tax qualifies the road | ||||||
9 | district for a proportionate, rather than full, allotment under | ||||||
10 | this Section. If the levy for the special tax is equal to or | ||||||
11 | less than any other levy for road and bridge purposes, then any | ||||||
12 | allotment under this Section shall be determined by the other | ||||||
13 | levy for road and bridge purposes. | ||||||
14 | Prior to 2011, if a township has transferred to the road | ||||||
15 | and bridge fund
money which, when added to the amount of any | ||||||
16 | tax levy of the road
district would be the equivalent of a tax | ||||||
17 | levy requiring extension at a
rate of at least .08%, or, in | ||||||
18 | DuPage County, an amount equal to or greater
than $12,000 per | ||||||
19 | mile of road under the jurisdiction of the road district,
| ||||||
20 | whichever is less, such transfer, together with any such tax | ||||||
21 | levy,
shall be deemed a proper compliance with this Section and | ||||||
22 | shall qualify
the road district for an allotment under this | ||||||
23 | Section.
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24 | In counties in which a property tax extension limitation is | ||||||
25 | imposed
under the Property Tax Extension Limitation Law, road | ||||||
26 | districts may retain
their entitlement to a motor fuel tax |
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1 | allotment or, beginning in 2011, their entitlement to a full | ||||||
2 | allotment if, at the time the property
tax
extension limitation | ||||||
3 | was imposed, the road district was levying a road and
bridge | ||||||
4 | tax at a rate sufficient to entitle it to a motor fuel tax | ||||||
5 | allotment
and continues to levy the maximum allowable amount | ||||||
6 | after the imposition of the
property tax extension limitation. | ||||||
7 | Any road district may in all circumstances
retain its | ||||||
8 | entitlement to a motor fuel tax allotment or, beginning in | ||||||
9 | 2011, its entitlement to a full allotment if it levied a road | ||||||
10 | and
bridge tax in an amount that will require the extension of | ||||||
11 | the tax against the
taxable property in the road district at a | ||||||
12 | rate of not less than 0.08% of the
assessed value of the | ||||||
13 | property, based upon the assessment for the year
immediately | ||||||
14 | preceding the year in which the tax was levied and as equalized | ||||||
15 | by
the Department of Revenue or, in DuPage County, an amount | ||||||
16 | equal to or greater
than $12,000 per mile of road under the | ||||||
17 | jurisdiction of the road district,
whichever is less.
| ||||||
18 | As used in this Section , the term "road district" means any | ||||||
19 | road
district, including a county unit road district, provided | ||||||
20 | for by the
Illinois Highway Code; and the term "township or | ||||||
21 | district road"
means any road in the township and district road | ||||||
22 | system as defined in the
Illinois Highway Code. For the | ||||||
23 | purposes of this Section, "township or
district road" also | ||||||
24 | includes such roads as are maintained by park
districts, forest | ||||||
25 | preserve districts and conservation districts. The
Department | ||||||
26 | of Transportation shall determine the mileage of all township
|
| |||||||
| |||||||
1 | and district roads for the purposes of making allotments and | ||||||
2 | allocations of
motor fuel tax funds for use in road districts.
| ||||||
3 | Payment of motor fuel tax moneys to municipalities and | ||||||
4 | counties shall
be made as soon as possible after the allotment | ||||||
5 | is made. The treasurer
of the municipality or county may invest | ||||||
6 | these funds until their use is
required and the interest earned | ||||||
7 | by these investments shall be limited
to the same uses as the | ||||||
8 | principal funds.
| ||||||
9 | (Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19; | ||||||
10 | 101-493, eff. 8-23-19; revised 9-24-19.)
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11 | Section 10. The Township Code is amended by changing the | ||||||
12 | heading of Article 24 and Sections 24-10, 24-15, 24-20, 24-30, | ||||||
13 | and 24-35 as follows:
| ||||||
14 | (60 ILCS 1/Art. 24 heading) | ||||||
15 | ARTICLE 24. DISSOLUTION OF | ||||||
16 | TOWNSHIPS IN MCHENRY COUNTY
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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" | ||||||
20 | means the registered voters of any single township in a county | ||||||
21 | under township organization McHenry County .
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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 | ||||||
3 | resolution, the board of trustees of a any township located in | ||||||
4 | McHenry County may submit a proposition to dissolve the | ||||||
5 | township to the electors of that township at the election next | ||||||
6 | following in accordance with the general election law. The | ||||||
7 | ballot 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 | ||||||
12 | the Election Code, petitions for a referendum to dissolve a | ||||||
13 | township located in McHenry County must be filed with the | ||||||
14 | governing board of the township, the county board of McHenry | ||||||
15 | County , and the county clerk McHenry County Clerk not less than | ||||||
16 | 122 days prior to any election held throughout the township. | ||||||
17 | Petitions 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 |
| |||||||
| |||||||
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 | ||||||
4 | days after the date of the election at which the referendum is | ||||||
5 | to be voted upon.
| ||||||
6 | (c) If a valid petition is filed under subsection (a), then | ||||||
7 | the county clerk McHenry County Clerk shall, by publication in | ||||||
8 | one or more newspapers of general circulation within the county | ||||||
9 | and on the county's website, not less than 90 days prior to the | ||||||
10 | election at which the referendum is to be voted on, give notice | ||||||
11 | in 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 |
| |||||||
| |||||||
1 | Election Code, the referendum described in Section 24-25 shall | ||||||
2 | be in substantially the following form on the ballot: | ||||||
3 | --------
| ||||||
4 | Shall the (dissolving
| ||||||
5 | township), together with any road
| ||||||
6 | districts wholly within the YES
| ||||||
7 | boundaries of (dissolving
| ||||||
8 | township), be dissolved on (date --------------
| ||||||
9 | of dissolution) with all of
| ||||||
10 | the township and road district
| ||||||
11 | property, assets, personnel, NO
| ||||||
12 | obligations, and liabilities being
| ||||||
13 | transferred to (county name) McHenry County ?
| ||||||
14 | ------------------------------------------------------------- | ||||||
15 | (b) The referendum is approved when a majority of those | ||||||
16 | voting in the election from the dissolving township approve the | ||||||
17 | referendum.
| ||||||
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. | ||||||
21 | When the dissolution of a township has been approved under | ||||||
22 | Section 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
22 | changing Section 6-140 as follows:
| ||||||
23 | (605 ILCS 5/6-140) | ||||||
24 | Sec. 6-140. Abolishing a township road district within Lake |
| |||||||
| |||||||
1 | County or McHenry County with less than 15 miles of roads. A | ||||||
2 | Any township in Lake County or McHenry County shall abolish a | ||||||
3 | road district of that township if the roads of the road | ||||||
4 | district are less than 15 centerline miles in length, as | ||||||
5 | determined by the county engineer or county superintendent of | ||||||
6 | highways. A road district is abolished on the expiration of the | ||||||
7 | term of office of the highway commissioner of the road district | ||||||
8 | facing abolition following the determination by the county | ||||||
9 | engineer or county superintendent of highways of the length, in | ||||||
10 | centerline mileage, of the roads within the road district to be | ||||||
11 | abolished. | ||||||
12 | On the date of abolition: all the rights, powers, duties, | ||||||
13 | assets, property, liabilities, obligations, and | ||||||
14 | responsibilities of the road district shall by operation of law | ||||||
15 | vest in and be assumed by the township; the township board of | ||||||
16 | trustees shall assume all taxing authority of a road district | ||||||
17 | abolished under this Section and shall exercise all duties and | ||||||
18 | responsibilities of the highway commissioner as provided in | ||||||
19 | this Code; and for purposes of distribution of revenue, the | ||||||
20 | township shall assume the powers, duties, and obligations of | ||||||
21 | the road district. The township board of trustees may enter | ||||||
22 | into a contract with the county, a municipality, or a private | ||||||
23 | contractor to administer the roads added to its jurisdiction | ||||||
24 | under this Section.
| ||||||
25 | (Source: P.A. 101-230, eff. 8-9-19.)
|
| |||||||
| |||||||
1 | (605 ILCS 5/6-135 rep.) | ||||||
2 | Section 20. The Illinois Highway Code is amended by | ||||||
3 | repealing Section 6-135.
| ||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
|