Bill Text: IL HB3731 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Dissolution of Townships in McHenry County Article of the Township Code. Renames the Article and makes it applicable to all counties under township organization. Amends the Counties Code and 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 provisions making abolition permissive for townships with road districts that have roads of less than 15 miles in length. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-02-17 - Referred to Rules Committee [HB3731 Detail]

Download: Illinois-2023-HB3731-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3731 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
35 ILCS 505/8 from Ch. 120, par. 424
55 ILCS 5/5-1185
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. Renames the Article and makes it applicable to all counties under township organization. Amends the Counties Code and 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 provisions making abolition permissive for townships with road districts that have roads of less than 15 miles in length. Effective immediately.
LRB103 05174 AWJ 50189 b
A BILL FOR
HB3731 LRB103 05174 AWJ 50189 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Motor Fuel Tax Law is amended by changing
Section 8 as follows:
(35 ILCS 505/8) (from Ch. 120, par. 424)
Sec. 8. Except as provided in subsection (a-1) of this
Section, Section 8a, subdivision (h)(1) of Section 12a,
Section 13a.6, and items 13, 14, 15, and 16 of Section 15, all
money received by the Department under this Act, including
payments made to the Department by member jurisdictions
participating in the International Fuel Tax Agreement, shall
be deposited in a special fund in the State treasury, to be
known as the "Motor Fuel Tax Fund", and shall be used as
follows:
(a) 2 1/2 cents per gallon of the tax collected on special
fuel under paragraph (b) of Section 2 and Section 13a of this
Act shall be transferred to the State Construction Account
Fund in the State Treasury; the remainder of the tax collected
on special fuel under paragraph (b) of Section 2 and Section
13a of this Act shall be deposited into the Road Fund;
(a-1) Beginning on July 1, 2019, an amount equal to the
amount of tax collected under subsection (a) of Section 2 as a

HB3731 - 2 - LRB103 05174 AWJ 50189 b
result of the increase in the tax rate under Public Act 101-32
shall be transferred each month into the Transportation
Renewal Fund;
(b) $420,000 shall be transferred each month to the State
Boating Act Fund to be used by the Department of Natural
Resources for the purposes specified in Article X of the Boat
Registration and Safety Act;
(c) $3,500,000 shall be transferred each month to the
Grade Crossing Protection Fund to be used as follows: not less
than $12,000,000 each fiscal year shall be used for the
construction or reconstruction of rail highway grade
separation structures; $5,500,000 in fiscal year 2022 and each
fiscal year thereafter shall be transferred to the
Transportation Regulatory Fund and shall be used to pay the
cost of administration of the Illinois Commerce Commission's
railroad safety program in connection with its duties under
subsection (3) of Section 18c-7401 of the Illinois Vehicle
Code, with the remainder to be used by the Department of
Transportation upon order of the Illinois Commerce Commission,
to pay that part of the cost apportioned by such Commission to
the State to cover the interest of the public in the use of
highways, roads, streets, or pedestrian walkways in the county
highway system, township and district road system, or
municipal street system as defined in the Illinois Highway
Code, as the same may from time to time be amended, for
separation of grades, for installation, construction or

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reconstruction of crossing protection or reconstruction,
alteration, relocation including construction or improvement
of any existing highway necessary for access to property or
improvement of any grade crossing and grade crossing surface
including the necessary highway approaches thereto of any
railroad across the highway or public road, or for the
installation, construction, reconstruction, or maintenance of
safety treatments to deter trespassing or a pedestrian walkway
over or under a railroad right-of-way, as provided for in and
in accordance with Section 18c-7401 of the Illinois Vehicle
Code. The Commission may order up to $2,000,000 per year in
Grade Crossing Protection Fund moneys for the improvement of
grade crossing surfaces and up to $300,000 per year for the
maintenance and renewal of 4-quadrant gate vehicle detection
systems located at non-high speed rail grade crossings. In
entering orders for projects for which payments from the Grade
Crossing Protection Fund will be made, the Commission shall
account for expenditures authorized by the orders on a cash
rather than an accrual basis. For purposes of this requirement
an "accrual basis" assumes that the total cost of the project
is expended in the fiscal year in which the order is entered,
while a "cash basis" allocates the cost of the project among
fiscal years as expenditures are actually made. To meet the
requirements of this subsection, the Illinois Commerce
Commission shall develop annual and 5-year project plans of
rail crossing capital improvements that will be paid for with

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

HB3731 - 5 - LRB103 05174 AWJ 50189 b
which amount shall be certified monthly by the
Environmental Protection Agency to the State Comptroller
and shall promptly be transferred by the State Comptroller
and Treasurer from the Motor Fuel Tax Fund to the Vehicle
Inspection Fund, and for the period July 1, 1994 through
June 30, 2000, one-twelfth of $25,000,000 each month, for
the period July 1, 2000 through June 30, 2003, one-twelfth
of $30,000,000 each month, and $15,000,000 on July 1,
2003, and $15,000,000 on January 1, 2004, and $15,000,000
on each July 1 and October 1, or as soon thereafter as may
be practical, during the period July 1, 2004 through June
30, 2012, and $30,000,000 on June 1, 2013, or as soon
thereafter as may be practical, and $15,000,000 on July 1
and October 1, or as soon thereafter as may be practical,
during the period of July 1, 2013 through June 30, 2015,
for the administration of the Vehicle Emissions Inspection
Law of 2005, to be transferred by the State Comptroller
and Treasurer from the Motor Fuel Tax Fund into the
Vehicle Inspection Fund;
(4.5) beginning on July 1, 2019, the costs of the
Environmental Protection Agency for the administration of
the Vehicle Emissions Inspection Law of 2005 shall be
paid, subject to appropriation, from the Motor Fuel Tax
Fund into the Vehicle Inspection Fund; beginning in 2019,
no later than December 31 of each year, or as soon
thereafter as practical, the State Comptroller shall

HB3731 - 6 - LRB103 05174 AWJ 50189 b
direct and the State Treasurer shall transfer from the
Vehicle Inspection Fund to the Motor Fuel Tax Fund any
balance remaining in the Vehicle Inspection Fund in excess
of $2,000,000;
(5) amounts ordered paid by the Court of Claims; and
(6) payment of motor fuel use taxes due to member
jurisdictions under the terms of the International Fuel
Tax Agreement. The Department shall certify these amounts
to the Comptroller by the 15th day of each month; the
Comptroller shall cause orders to be drawn for such
amounts, and the Treasurer shall administer those amounts
on or before the last day of each month;
(e) after allocations for the purposes set forth in
subsections (a), (a-1), (b), (c), and (d), the remaining
amount shall be apportioned as follows:
(1) Until January 1, 2000, 58.4%, and beginning
January 1, 2000, 45.6% shall be deposited as follows:
(A) 37% into the State Construction Account Fund,
and
(B) 63% into the Road Fund, $1,250,000 of which
shall be reserved each month for the Department of
Transportation to be used in accordance with the
provisions of Sections 6-901 through 6-906 of the
Illinois Highway Code;
(2) Until January 1, 2000, 41.6%, and beginning
January 1, 2000, 54.4% shall be transferred to the

HB3731 - 7 - LRB103 05174 AWJ 50189 b
Department of Transportation to be distributed as follows:
(A) 49.10% to the municipalities of the State,
(B) 16.74% to the counties of the State having
1,000,000 or more inhabitants,
(C) 18.27% to the counties of the State having
less than 1,000,000 inhabitants,
(D) 15.89% to the road districts of the State.
If a township is dissolved under Article 24 of the
Township Code, the county in which the township lies
McHenry County shall receive any moneys that would have
been distributed to the township under this subparagraph,
except that a municipality that assumes the powers and
responsibilities of a road district under paragraph (6) of
Section 24-35 of the Township Code shall receive any
moneys that would have been distributed to the township in
a percent equal to the area of the dissolved road district
or portion of the dissolved road district over which the
municipality assumed the powers and responsibilities
compared to the total area of the dissolved township. The
moneys received under this subparagraph shall be used in
the geographic area of the dissolved township. If a
township is reconstituted as provided under Section 24-45
of the Township Code, McHenry County or a municipality
shall no longer be distributed moneys under this
subparagraph.
As soon as may be after the first day of each month, the

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Department of Transportation shall allot to each municipality
its share of the amount apportioned to the several
municipalities which shall be in proportion to the population
of such municipalities as determined by the last preceding
municipal census if conducted by the Federal Government or
Federal census. If territory is annexed to any municipality
subsequent to the time of the last preceding census the
corporate authorities of such municipality may cause a census
to be taken of such annexed territory and the population so
ascertained for such territory shall be added to the
population of the municipality as determined by the last
preceding census for the purpose of determining the allotment
for that municipality. If the population of any municipality
was not determined by the last Federal census preceding any
apportionment, the apportionment to such municipality shall be
in accordance with any census taken by such municipality. Any
municipal census used in accordance with this Section shall be
certified to the Department of Transportation by the clerk of
such municipality, and the accuracy thereof shall be subject
to approval of the Department which may make such corrections
as it ascertains to be necessary.
As soon as may be after the first day of each month, the
Department of Transportation shall allot to each county its
share of the amount apportioned to the several counties of the
State as herein provided. Each allotment to the several
counties having less than 1,000,000 inhabitants shall be in

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proportion to the amount of motor vehicle license fees
received from the residents of such counties, respectively,
during the preceding calendar year. The Secretary of State
shall, on or before April 15 of each year, transmit to the
Department of Transportation a full and complete report
showing the amount of motor vehicle license fees received from
the residents of each county, respectively, during the
preceding calendar year. The Department of Transportation
shall, each month, use for allotment purposes the last such
report received from the Secretary of State.
As soon as may be after the first day of each month, the
Department of Transportation shall allot to the several
counties their share of the amount apportioned for the use of
road districts. The allotment shall be apportioned among the
several counties in the State in the proportion which the
total mileage of township or district roads in the respective
counties bears to the total mileage of all township and
district roads in the State. Funds allotted to the respective
counties for the use of road districts therein shall be
allocated to the several road districts in the county in the
proportion which the total mileage of such township or
district roads in the respective road districts bears to the
total mileage of all such township or district roads in the
county. After July 1 of any year prior to 2011, no allocation
shall be made for any road district unless it levied a tax for
road and bridge purposes in an amount which will require the

HB3731 - 10 - LRB103 05174 AWJ 50189 b
extension of such tax against the taxable property in any such
road district at a rate of not less than either .08% of the
value thereof, based upon the assessment for the year
immediately prior to the year in which such tax was levied and
as equalized by the Department of Revenue or, in DuPage
County, an amount equal to or greater than $12,000 per mile of
road under the jurisdiction of the road district, whichever is
less. Beginning July 1, 2011 and each July 1 thereafter, an
allocation shall be made for any road district if it levied a
tax for road and bridge purposes. In counties other than
DuPage County, if the amount of the tax levy requires the
extension of the tax against the taxable property in the road
district at a rate that is less than 0.08% of the value
thereof, based upon the assessment for the year immediately
prior to the year in which the tax was levied and as equalized
by the Department of Revenue, then the amount of the
allocation for that road district shall be a percentage of the
maximum allocation equal to the percentage obtained by
dividing the rate extended by the district by 0.08%. In DuPage
County, if the amount of the tax levy requires the extension of
the tax against the taxable property in the road district at a
rate that is less than the lesser of (i) 0.08% of the value of
the taxable property in the road district, based upon the
assessment for the year immediately prior to the year in which
such tax was levied and as equalized by the Department of
Revenue, or (ii) a rate that will yield an amount equal to

HB3731 - 11 - LRB103 05174 AWJ 50189 b
$12,000 per mile of road under the jurisdiction of the road
district, then the amount of the allocation for the road
district shall be a percentage of the maximum allocation equal
to the percentage obtained by dividing the rate extended by
the district by the lesser of (i) 0.08% or (ii) the rate that
will yield an amount equal to $12,000 per mile of road under
the jurisdiction of the road district.
Prior to 2011, if any road district has levied a special
tax for road purposes pursuant to Sections 6-601, 6-602, and
6-603 of the Illinois Highway Code, and such tax was levied in
an amount which would require extension at a rate of not less
than .08% of the value of the taxable property thereof, as
equalized or assessed by the Department of Revenue, or, in
DuPage County, an amount equal to or greater than $12,000 per
mile of road under the jurisdiction of the road district,
whichever is less, such levy shall, however, be deemed a
proper compliance with this Section and shall qualify such
road district for an allotment under this Section. Beginning
in 2011 and thereafter, if any road district has levied a
special tax for road purposes under Sections 6-601, 6-602, and
6-603 of the Illinois Highway Code, and the tax was levied in
an amount that would require extension at a rate of not less
than 0.08% of the value of the taxable property of that road
district, as equalized or assessed by the Department of
Revenue or, in DuPage County, an amount equal to or greater
than $12,000 per mile of road under the jurisdiction of the

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road district, whichever is less, that levy shall be deemed a
proper compliance with this Section and shall qualify such
road district for a full, rather than proportionate, allotment
under this Section. If the levy for the special tax is less
than 0.08% of the value of the taxable property, or, in DuPage
County if the levy for the special tax is less than the lesser
of (i) 0.08% or (ii) $12,000 per mile of road under the
jurisdiction of the road district, and if the levy for the
special tax is more than any other levy for road and bridge
purposes, then the levy for the special tax qualifies the road
district for a proportionate, rather than full, allotment
under this Section. If the levy for the special tax is equal to
or less than any other levy for road and bridge purposes, then
any allotment under this Section shall be determined by the
other levy for road and bridge purposes.
Prior to 2011, if a township has transferred to the road
and bridge fund money which, when added to the amount of any
tax levy of the road district would be the equivalent of a tax
levy requiring extension at a rate of at least .08%, or, in
DuPage County, an amount equal to or greater than $12,000 per
mile of road under the jurisdiction of the road district,
whichever is less, such transfer, together with any such tax
levy, shall be deemed a proper compliance with this Section
and shall qualify the road district for an allotment under
this Section.
In counties in which a property tax extension limitation

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is imposed under the Property Tax Extension Limitation Law,
road districts may retain their entitlement to a motor fuel
tax allotment or, beginning in 2011, their entitlement to a
full allotment if, at the time the property tax extension
limitation was imposed, the road district was levying a road
and bridge tax at a rate sufficient to entitle it to a motor
fuel tax allotment and continues to levy the maximum allowable
amount after the imposition of the property tax extension
limitation. Any road district may in all circumstances retain
its entitlement to a motor fuel tax allotment or, beginning in
2011, its entitlement to a full allotment if it levied a road
and bridge tax in an amount that will require the extension of
the tax against the taxable property in the road district at a
rate of not less than 0.08% of the assessed value of the
property, based upon the assessment for the year immediately
preceding the year in which the tax was levied and as equalized
by the Department of Revenue or, in DuPage County, an amount
equal to or greater than $12,000 per mile of road under the
jurisdiction of the road district, whichever is less.
As used in this Section, the term "road district" means
any road district, including a county unit road district,
provided for by the Illinois Highway Code; and the term
"township or district road" means any road in the township and
district road system as defined in the Illinois Highway Code.
For the purposes of this Section, "township or district road"
also includes such roads as are maintained by park districts,

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forest preserve districts and conservation districts. The
Department of Transportation shall determine the mileage of
all township and district roads for the purposes of making
allotments and allocations of motor fuel tax funds for use in
road districts.
Payment of motor fuel tax moneys to municipalities and
counties shall be made as soon as possible after the allotment
is made. The treasurer of the municipality or county may
invest these funds until their use is required and the
interest earned by these investments shall be limited to the
same uses as the principal funds.
(Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19;
101-493, eff. 8-23-19; 102-16, eff. 6-17-21; 102-558, eff.
8-20-21; 102-699, eff. 4-19-22.)
Section 10. The Counties Code is amended by changing and
renumbering Section 5-1185, as added by Public Act 101-230, as
follows:
(55 ILCS 5/5-1185)
Sec. 5-1185. Dissolution of townships in McHenry County.
If a township in McHenry County dissolves as provided in
Article 24 of the Township Code, the county McHenry County
shall assume the powers, duties, and obligations of each
dissolved township as provided in Article 24 of the Township
Code.

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(Source: P.A. 101-230, eff. 8-9-19; 102-558, eff. 8-20-21.)
Section 15. The Township Code is amended by changing the
heading of Article 24 and Sections 24-10, 24-15, 24-20, 24-30,
and 24-35 as follows:
(60 ILCS 1/Art. 24 heading)
ARTICLE 24. DISSOLUTION OF
TOWNSHIPS IN MCHENRY COUNTY
(Source: P.A. 101-230, eff. 8-9-19.)
(60 ILCS 1/24-10)
Sec. 24-10. Definition. As used in this Article,
"electors" means the registered voters of any single township
in a county under township organization McHenry County.
(Source: P.A. 101-230, eff. 8-9-19.)
(60 ILCS 1/24-15)
Sec. 24-15. Dissolving a township in McHenry County. By
resolution, the board of trustees of a any township located in
McHenry County may submit a proposition to dissolve the
township to the electors of that township at the election next
following in accordance with the general election law. The
ballot shall be as provided for in Section 24-30.
(Source: P.A. 101-230, eff. 8-9-19.)

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(60 ILCS 1/24-20)
Sec. 24-20. Petition requirements; notice.
(a) Subject to the petition requirements of Section 28-3
of the Election Code, petitions for a referendum to dissolve a
township located in McHenry County must be filed with the
governing board of the township, the county board of McHenry
County, and the county clerk McHenry County Clerk not less
than 122 days prior to any election held throughout the
township. Petitions must include:
(1) the name of the dissolving township;
(2) the date of dissolution; and
(3) signatures of a number of electors as follows: (A)
for any township, the number of signatures shall be the
larger of (i) 5% of the total ballots cast in the township
in the immediately preceding election that is of an
election type comparable to the election for which the
petition is being filed, or (ii) 250 signatures. All
signatures gathered under this paragraph (3) must be
signed within 180 days prior to the filing of a petition.
(b) The proposed date of dissolution shall be at least 90
days after the date of the election at which the referendum is
to be voted upon.
(c) If a valid petition is filed under subsection (a),
then the county clerk McHenry County Clerk shall, by
publication in one or more newspapers of general circulation
within the county and on the county's website, not less than 90

HB3731 - 17 - LRB103 05174 AWJ 50189 b
days prior to the election at which the referendum is to be
voted on, give notice in substantially the following form:
NOTICE OF PETITION TO DISSOLVE (dissolving township).
Residents of (dissolving township) and (county) McHenry
County are notified that a petition has been filed with
(dissolving township) and (county) McHenry County
requesting a referendum to dissolve (dissolving township)
on (date of dissolution) with all real and personal
property, and any other assets, together with all
personnel, contractual obligations, and liabilities being
transferred to (county) McHenry County.
(Source: P.A. 101-230, eff. 8-9-19.)
(60 ILCS 1/24-30)
Sec. 24-30. Referendum; voting.
(a) Subject to the requirements of Section 16-7 of the
Election Code, the referendum described in Section 24-25 shall
be in substantially the following form on the ballot:
--------
Shall the (dissolving
township), together with any road
districts wholly within the YES
boundaries of (dissolving
township), be dissolved on (date --------------
of dissolution) with all of

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the township and road district
property, assets, personnel, NO
obligations, and liabilities being
transferred to (county) McHenry County?
-------------------------------------------------------------
(b) The referendum is approved when a majority of those
voting in the election from the dissolving township approve
the referendum.
(Source: P.A. 101-230, eff. 8-9-19.)
(60 ILCS 1/24-35)
Sec. 24-35. Dissolution; transfer of rights and duties.
When the dissolution of a township has been approved under
Section 24-30:
(1) On or before the date of dissolution, all real and
personal property, and any other assets, together with all
personnel, contractual obligations, and liabilities of the
dissolving township and road districts wholly within the
boundaries of the dissolving township shall be transferred
to the county McHenry County. All funds of the dissolved
township and dissolved road districts shall be used solely
on behalf of the residents of the geographic area within
the boundaries of the dissolved township.
After the transfer of property to the county under
this paragraph, all park land, cemetery land, buildings,
and facilities within the geographic area of the

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dissolving township must be utilized for the primary
benefit of the geographic area of the dissolving township.
Proceeds from the sale of the park land, cemetery land,
buildings, or facilities after transfer to the county must
be utilized for the sole benefit of the geographic area of
the dissolved township.
(2) On the date of dissolution, the dissolving
township is dissolved.
(3) On and after the date of dissolution, all rights
and duties of the dissolved township may be exercised by
the county board McHenry County Board solely on behalf of
the residents of the geographic area within the boundaries
of the dissolved township. The duties that may be
exercised by the county include, but are not limited to,
the administration of a dissolved township's general
assistance program, maintenance and operation of a
dissolved township's cemeteries, and the county assessor
or county supervisor of assessments Chief County
Assessment officer of McHenry County exercising the duties
of the township assessor.
(4) The county board McHenry County Board shall not
extend a property tax levy that is greater than 90% of the
property tax levy extended by the dissolved township or
road districts for the duties taken on by the county
McHenry County. This property tax levy may not be extended
outside the boundaries of the dissolved township. In all

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subsequent years, this levy shall be bound by the
provisions of the Property Tax Extension Limitation Law.
A tax levy extended under this paragraph may be used
for the purposes allowed by the statute authorizing the
tax levy or to pay liabilities of the dissolved township
or dissolved road districts that were transferred to the
county under paragraph (1). The taxpayers within the
boundaries of the dissolved township are responsible to
pay any liabilities transferred to the county: the county
shall reduce spending within the boundaries of the former
township in the amount necessary to pay off any
liabilities transferred to the county under paragraph (1)
that are not covered by the assets enumerated in paragraph
(1) or taxes under this paragraph.
(5) All road districts wholly within the boundaries of
the dissolving township are dissolved on the date of
dissolution of the dissolving township, and all powers and
responsibilities of each road district are transferred to
the county McHenry County except as provided in paragraph
(6).
(6) The county board of McHenry County shall give
written notice to each municipality whose governing board
meets within the boundaries of a dissolving township that
the municipality may make an offer, on or before 60 days
after the date of dissolution of the dissolving township,
that the municipality will assume all of the powers and

HB3731 - 21 - LRB103 05174 AWJ 50189 b
responsibilities of a road district or road districts
wholly inside the dissolving township. The notice shall be
sent to each municipality on or before 30 days after the
date of dissolution of the township. Any eligible
municipality may, with consent of its governing board,
make an offer to assume all of the powers and
responsibilities of the dissolving township's road
district or road districts. A municipality may offer to
assume the powers and responsibilities only for a limited
period of time. If one or more offers are received by the
county McHenry County on or before 60 days after the date
of dissolution of the dissolving township, the county
board of McHenry County shall select the best offer or
offers that the board determines would be in the best
interest and welfare of the affected resident population.
If no municipality makes an offer or if no satisfactory
offer is made, the powers and duties of the dissolving
township's road district or road districts are retained by
the county McHenry County. The municipality that assumes
the powers and duties of the dissolving township's road
district or road districts shall not extend a road
district property tax levy under Division 5 of Article 6
of the Illinois Highway Code that is greater than 90% of
the road district property tax levy that was extended by
the county on behalf of the dissolving township's road
district or road districts for the duties taken on by the

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municipality.
(7) On the date of dissolution of the township or road
district, elected and appointed township officers and road
commissioners shall cease to hold office. An elected or
appointed township official or township road commissioner
shall not be compensated for any other duties performed
after the dissolution of the township or road district
that they represented. An elected township official or
township road commissioner shall not have legal recourse
relating to the ceasing of their elected or appointed
positions upon the ceasing of their position.
(Source: P.A. 101-230, eff. 8-9-19.)
Section 20. The Illinois Highway Code is amended by
changing Section 6-140 as follows:
(605 ILCS 5/6-140)
Sec. 6-140. Abolishing a township road district within
Lake County or McHenry County with less than 15 miles of roads.
A Any township in Lake County or McHenry County shall abolish a
road district of that township if the roads of the road
district are less than 15 centerline miles in length, as
determined by the county engineer or county superintendent of
highways. A road district is abolished on the expiration of
the term of office of the highway commissioner of the road
district facing abolition following the determination by the

HB3731 - 23 - LRB103 05174 AWJ 50189 b
county engineer or county superintendent of highways of the
length, in centerline mileage, of the roads within the road
district to be abolished.
On the date of abolition: all the rights, powers, duties,
assets, property, liabilities, obligations, and
responsibilities of the road district shall by operation of
law vest in and be assumed by the township; the township board
of trustees shall assume all taxing authority of a road
district abolished under this Section and shall exercise all
duties and responsibilities of the highway commissioner as
provided in this Code; and for purposes of distribution of
revenue, the township shall assume the powers, duties, and
obligations of the road district. The township board of
trustees may enter into a contract with the county, a
municipality, or a private contractor to administer the roads
added to its jurisdiction under this Section.
(Source: P.A. 101-230, eff. 8-9-19.)
(605 ILCS 5/6-135 rep.)
Section 25. The Illinois Highway Code is amended by
repealing Section 6-135.
Section 99. Effective date. This Act takes effect upon
becoming law.