Bill Text: IL SB2598 | 2013-2014 | 98th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Highway Code. Reinstates the ability of road districts and consolidated road districts within counties adjacent to a county with a population of 3,000,000 or more to accumulate up to 50% of the taxes collected for road purposes from a subdivision whose plats were filed or recorded before July 23, 1959. Provides that these accumulated funds may be used for improvement of nondedicated roads within that subdivision, at which point the nondedicated roads will become a part of the township and district road system if those roads also meet criteria established by the counties in which the roads are located. Provides that the total accumulations may not exceed 10% of the total funds held by the road district for road purposes. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2014-08-01 - Public Act . . . . . . . . . 98-0818 [SB2598 Detail]
Download: Illinois-2013-SB2598-Enrolled.html
Bill Title: Amends the Illinois Highway Code. Reinstates the ability of road districts and consolidated road districts within counties adjacent to a county with a population of 3,000,000 or more to accumulate up to 50% of the taxes collected for road purposes from a subdivision whose plats were filed or recorded before July 23, 1959. Provides that these accumulated funds may be used for improvement of nondedicated roads within that subdivision, at which point the nondedicated roads will become a part of the township and district road system if those roads also meet criteria established by the counties in which the roads are located. Provides that the total accumulations may not exceed 10% of the total funds held by the road district for road purposes. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2014-08-01 - Public Act . . . . . . . . . 98-0818 [SB2598 Detail]
Download: Illinois-2013-SB2598-Enrolled.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning transportation.
| ||||||
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 changing | ||||||
5 | Section 6-501 as follows:
| ||||||
6 | (605 ILCS 5/6-501) (from Ch. 121, par. 6-501)
| ||||||
7 | Sec. 6-501. (a) Findings and purpose. The General Assembly | ||||||
8 | finds:
| ||||||
9 | (1) That the financial conditions of the Township and | ||||||
10 | District road
systems of the State of Illinois have | ||||||
11 | suffered adversely as a result of
changes in law concerning | ||||||
12 | assessed valuation of property for tax purposes.
That as a | ||||||
13 | result of the changes beginning in 1945, the rates of
| ||||||
14 | permissible levy were first halved to accommodate full fair | ||||||
15 | value, but
never restored when subsequent law change | ||||||
16 | established the legal assessed
valuation at 50% of fair | ||||||
17 | market value as equalized by the Department of
Revenue.
| ||||||
18 | (2) Townships and district road systems, as a result of | ||||||
19 | the decreased
financial support, have suffered a decline in | ||||||
20 | ability to maintain or
improve roads and bridges in a safe | ||||||
21 | condition to permit the normal and
ordinary use of its | ||||||
22 | highway system. In many instances bridges have been
closed | ||||||
23 | and detours required because of impossible road conditions |
| |||||||
| |||||||
1 | resulting
in hardships for school districts in | ||||||
2 | transporting pupils and for farms in
moving products to | ||||||
3 | market.
| ||||||
4 | (3) Further, cost for maintenance and improvements | ||||||
5 | have risen faster
than the valuations of property, the base | ||||||
6 | of financial support.
| ||||||
7 | (4) To solve these problems, this Act makes changes in | ||||||
8 | rates of taxation
-- returning Townships and District road | ||||||
9 | systems to their approximate
financial viability prior to | ||||||
10 | 1945.
| ||||||
11 | (b) The highway commissioner for each road district in each | ||||||
12 | county not
under township organization shall on or before the | ||||||
13 | third Tuesday in December
of each year determine and certify to | ||||||
14 | the county board the amount necessary
to be raised by taxation | ||||||
15 | for road purposes and for the salaries of
elected road district | ||||||
16 | officials in the road district.
| ||||||
17 | Should any highway commissioner during the last year of his | ||||||
18 | term of
office for any reason not file the certificate in the | ||||||
19 | office of the county
clerk, as required by this Section, in | ||||||
20 | time for presentation to the regular
September meeting of the | ||||||
21 | county board, the clerk shall present in lieu
thereof a | ||||||
22 | certificate equal in amount to that presented for the preceding | ||||||
23 | year.
| ||||||
24 | In every such county the certificate shall be filed in the | ||||||
25 | office of the
county clerk and by that official presented to | ||||||
26 | the county board at the
regular September meeting for the |
| |||||||
| |||||||
1 | consideration of the board. The amount so
certified if approved | ||||||
2 | by the county board, or the part thereof as the
county board | ||||||
3 | does approve, shall be extended by the county clerk as road
| ||||||
4 | taxes against the taxable property of the district.
| ||||||
5 | (c) The highway commissioner in each road district in each | ||||||
6 | county having
adopted township organization shall in | ||||||
7 | accordance with the Illinois
Municipal Budget Law at least 30 | ||||||
8 | days prior to the public meeting required by
this paragraph, | ||||||
9 | each year prepare or cause to be prepared a tentative budget
| ||||||
10 | and appropriation ordinance and file the same with the clerk of | ||||||
11 | the township or
consolidated township road district, as the | ||||||
12 | case may be, who shall make the
tentative budget and | ||||||
13 | appropriation ordinance conveniently available to the
public | ||||||
14 | inspection for at least 30 days prior to final action. One | ||||||
15 | public
hearing shall be held. This public hearing shall be held | ||||||
16 | on or before the last
day of the first quarter of the fiscal | ||||||
17 | year before the township board of
trustees or the highway board | ||||||
18 | of trustees, as the case may be. Notice of the
hearing shall be | ||||||
19 | given by publication in a newspaper published in the road
| ||||||
20 | district at least 30 days prior to the time of the hearing. If | ||||||
21 | there is no
newspaper published in the road district, notice of | ||||||
22 | the public hearing shall be
given by posting notices in 5 of | ||||||
23 | the most public places in the district. It
shall be the duty of | ||||||
24 | the clerk of the road district to arrange for the public
| ||||||
25 | hearing. The township board of trustees or highway board of | ||||||
26 | trustees, as the
case may be, at the public hearing shall adopt |
| |||||||
| |||||||
1 | the tentative budget and
appropriation ordinance, or any part | ||||||
2 | as the board of trustees deem necessary.
| ||||||
3 | On or before the last Tuesday in December the township | ||||||
4 | board of
trustees or highway board of trustees or road district | ||||||
5 | commissioner, as
the case may be, shall levy and certify to the | ||||||
6 | county clerk the amount
necessary to be raised by taxation for | ||||||
7 | road purposes and the road district
commissioner shall levy and | ||||||
8 | certify to the county clerk the amount necessary to
be raised | ||||||
9 | by taxation for the salaries of elected road district officials | ||||||
10 | in
the road district, as determined by the highway | ||||||
11 | commissioner.
| ||||||
12 | The amount so certified shall be extended by the county | ||||||
13 | clerk as road
taxes against the taxable property of the | ||||||
14 | district.
| ||||||
15 | On or after October 10, 1991, a road district commissioner | ||||||
16 | whose district is
located in a county not under township | ||||||
17 | organization may not levy separately
a tax for
salaries of | ||||||
18 | elected road district officials unless the tax has been first
| ||||||
19 | approved by a majority of the electors voting on the question | ||||||
20 | at a referendum
conducted in accordance with the general | ||||||
21 | election law. The question submitted
to the electors at the | ||||||
22 | referendum shall be in substantially the following form:
"Shall | ||||||
23 | the road district commissioner be authorized to levy an annual | ||||||
24 | tax for
the salaries of elected road district officials under | ||||||
25 | Section 6-501 of the
Illinois Highway Code?"
| ||||||
26 | Except as is otherwise permitted by this Code and when the |
| |||||||
| |||||||
1 | road district
commissioner establishes the tax rate for the | ||||||
2 | salaries of elected road
district officials, the county clerk | ||||||
3 | shall not extend taxes for road
purposes against the taxable | ||||||
4 | property in any road district at rates in
excess of the | ||||||
5 | following:
| ||||||
6 | (1) in a road district comprised of a single township | ||||||
7 | in a county
having township organization, at a rate in | ||||||
8 | excess of .125% of the value, as
equalized or assessed by | ||||||
9 | the Department of Revenue; unless before the
last Tuesday | ||||||
10 | in December annually the highway commissioner of
the | ||||||
11 | township road district shall have secured the consent in | ||||||
12 | writing of a
majority of the members of the township board | ||||||
13 | of trustees to the extension
of a greater rate, in which | ||||||
14 | case the rate shall not
exceed that approved by a majority | ||||||
15 | of the members of the township board of
trustees, but in no | ||||||
16 | case shall it exceed .165% of the value, as
equalized or | ||||||
17 | assessed by the Department. Once approved by the township
| ||||||
18 | board of trustees, the rate shall remain in effect until | ||||||
19 | changed by the
township board of trustees;
| ||||||
20 | (2) in a consolidated township road district, at a rate | ||||||
21 | in excess of
.175% of the value, as equalized or assessed | ||||||
22 | by the Department of Revenue;
| ||||||
23 | (3) in a road district in a county not having township | ||||||
24 | organization, at a
rate in excess of .165% of the value, as | ||||||
25 | equalized or assessed by the
Department of Revenue.
| ||||||
26 | However, road districts that have higher tax rate |
| |||||||
| |||||||
1 | limitations on a
permanent basis for road purposes on July 1, | ||||||
2 | 1967, than the limitations
herein provided, may continue to | ||||||
3 | levy the road taxes at the higher
limitations, and the county | ||||||
4 | clerk shall extend the taxes at not to exceed
the higher | ||||||
5 | limitations.
| ||||||
6 | If the amount of taxes levied by the township board of | ||||||
7 | trustees or the
highway board of trustees or approved by the | ||||||
8 | county board in any case is in
excess of the amount that may be | ||||||
9 | extended the county clerk shall reduce
the amount so that the | ||||||
10 | rate extended shall be no greater than authorized
by law. | ||||||
11 | However, the tax shall not be reduced or scaled in any manner
| ||||||
12 | whatever by reason of the levy and extension by the county | ||||||
13 | clerk of any tax
to pay the principal or interest, or both, of | ||||||
14 | any bonds issued by a road
district.
| ||||||
15 | The taxes, when collected, shall be held by the treasurer | ||||||
16 | of the district
as the regular road fund of the district.
| ||||||
17 | Notwithstanding any other provision of law, for a period of | ||||||
18 | time ending 18
years after the effective date of this | ||||||
19 | amendatory Act of 1994, a road district
or consolidated road | ||||||
20 | district may accumulate up to 50% of the taxes collected
from a | ||||||
21 | subdivision under this Section for improvements of | ||||||
22 | nondedicated
roads within the subdivision from which and for
| ||||||
23 | which the taxes were collected. These nondedicated roads will | ||||||
24 | become a part of
the
township and district road system if the | ||||||
25 | roads meet the criteria established by
the counties in which | ||||||
26 | the roads are located. The total accumulations under
this |
| |||||||
| |||||||
1 | provision may not exceed 10% of the total funds held by the
| ||||||
2 | district for
road purposes. This provision applies only to | ||||||
3 | townships within counties
adjacent to a county with a | ||||||
4 | population of 3,000,000 or more and only with
respect to | ||||||
5 | subdivisions whose plats were filed or recorded before July 23,
| ||||||
6 | 1959.
| ||||||
7 | Notwithstanding any other provision of law, for a period of | ||||||
8 | time ending 10
years after the effective date of this | ||||||
9 | amendatory Act of the 98th General Assembly, a road district
or | ||||||
10 | consolidated road district may accumulate up to 50% of the | ||||||
11 | taxes collected
from a subdivision under this Section for | ||||||
12 | improvements of nondedicated
roads within the subdivision from | ||||||
13 | which and for
which the taxes were collected. These | ||||||
14 | nondedicated roads will become a part of
the
township and | ||||||
15 | district road system if the roads meet the criteria established | ||||||
16 | by
the counties in which the roads are located. The total | ||||||
17 | accumulations under
this provision may not exceed 10% of the | ||||||
18 | total funds held by the
district for
road purposes. This | ||||||
19 | provision applies only to townships within counties
adjacent to | ||||||
20 | a county with a population of 3,000,000 or more and only with
| ||||||
21 | respect to subdivisions whose plats were filed or recorded | ||||||
22 | before July 23,
1959. | ||||||
23 | Any road district may accumulate funds for the purpose of | ||||||
24 | acquiring,
constructing, repairing and improving buildings and | ||||||
25 | procuring land in
relation to the building and for the purpose | ||||||
26 | of procuring road maintenance
apparatus and equipment, and for |
| |||||||
| |||||||
1 | the construction of roads, and may
annually levy taxes for the | ||||||
2 | purposes in excess of its current requirements
for other | ||||||
3 | purposes, subject to the tax rate limitations provided in this
| ||||||
4 | Section, provided a proposition to accumulate funds for the | ||||||
5 | purposes is
first submitted to and approved by the electors of | ||||||
6 | the district. The
proposition shall be certified to the proper | ||||||
7 | election officials by the
district clerk upon the direction of | ||||||
8 | the highway commissioner, and the
election officials shall | ||||||
9 | submit the proposition at a regular election.
Notice and | ||||||
10 | conduct of the referendum shall be in accordance with the
| ||||||
11 | general election law. The proposition shall be in substantially | ||||||
12 | the
following form:
| ||||||
13 | -------------------------------------------------------------
| ||||||
14 | Shall .......... road district
| ||||||
15 | accumulate funds in the amount
| ||||||
16 | of $......... for ........ years YES
| ||||||
17 | for the purpose of acquiring,
| ||||||
18 | constructing, repairing and improving --------------------
| ||||||
19 | buildings and procuring land
| ||||||
20 | therefor, and for procuring road NO
| ||||||
21 | maintenance apparatus and equipment
| ||||||
22 | and for the construction of roads?
| ||||||
23 | -------------------------------------------------------------
| ||||||
24 | If a majority of the electors voting on the proposition | ||||||
25 | vote in
favor of it, the road district may use a portion of the | ||||||
26 | funds levied,
subject to the tax rate limitations provided in |
| |||||||
| |||||||
1 | this Section, for the
purposes for which accumulation was | ||||||
2 | authorized. It shall not be a valid
objection to any subsequent | ||||||
3 | tax levy made under this Section, that there
remains unexpended | ||||||
4 | money arising from the levy of a prior year because
of an | ||||||
5 | accumulation permitted by this Section and provided for in the
| ||||||
6 | budget for that prior year.
| ||||||
7 | (d) Any road district may accumulate moneys in a dedicated | ||||||
8 | fund for a
specific
capital construction or maintenance project | ||||||
9 | or a major equipment purchase
without submitting a proposition | ||||||
10 | to the electors of the district if the annual
budget and | ||||||
11 | appropriation ordinance for the road district states the | ||||||
12 | amount,
purpose, and duration of any accumulation of funds | ||||||
13 | authorized under this
Section, with specific reference to each | ||||||
14 | project to be constructed or equipment
to be purchased. Nothing | ||||||
15 | in this subsection precludes a road district from
accumulating | ||||||
16 | moneys for non-specific purposes as provided in this Section.
| ||||||
17 | (Source: P.A. 92-395, eff. 8-16-01; 92-656, eff. 7-16-02 .)
| ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
|