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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3731 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
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| 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. | |
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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.
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| | A BILL FOR |
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| | HB3731 | | LRB103 05174 AWJ 50189 b |
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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, |
| 9 | | Section 13a.6, and items
13, 14, 15, and 16 of Section 15, all |
| 10 | | money received by the Department under
this Act, including |
| 11 | | payments made to the Department by
member jurisdictions |
| 12 | | participating in the International Fuel Tax Agreement,
shall |
| 13 | | be deposited in a special fund in the State treasury, to be |
| 14 | | known as the
"Motor Fuel Tax Fund", and shall be used as |
| 15 | | follows:
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| 16 | | (a) 2 1/2 cents per gallon of the tax collected on special |
| 17 | | fuel under
paragraph (b) of Section 2 and Section 13a of this |
| 18 | | Act shall be transferred
to the State Construction Account |
| 19 | | Fund in the State Treasury; the remainder of the tax collected |
| 20 | | on special fuel under
paragraph (b) of Section 2 and Section |
| 21 | | 13a of this Act shall be deposited into the Road Fund;
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| 22 | | (a-1) Beginning on July 1, 2019, an amount equal to the |
| 23 | | amount of tax collected under subsection (a) of Section 2 as a |
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| 1 | | result of the increase in the tax rate under Public Act 101-32 |
| 2 | | shall be transferred each month into the Transportation |
| 3 | | Renewal Fund; |
| 4 | | (b) $420,000 shall be transferred each month to the State |
| 5 | | Boating Act
Fund to be used by the Department of Natural |
| 6 | | Resources for the purposes
specified in Article X of the Boat |
| 7 | | Registration and Safety Act;
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| 8 | | (c) $3,500,000 shall be transferred each month to the |
| 9 | | Grade Crossing
Protection Fund to be used as follows: not less |
| 10 | | than $12,000,000 each fiscal
year shall be used for the |
| 11 | | construction or reconstruction of rail highway grade
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| 12 | | separation structures; $5,500,000 in fiscal year 2022 and each |
| 13 | | fiscal
year
thereafter shall be transferred to the |
| 14 | | Transportation
Regulatory Fund and shall be used to pay the |
| 15 | | cost of administration
of the Illinois Commerce Commission's |
| 16 | | railroad safety program in connection
with its duties under |
| 17 | | subsection (3) of Section 18c-7401 of the Illinois
Vehicle |
| 18 | | Code, with the remainder to be used by the Department of |
| 19 | | Transportation
upon order of the Illinois Commerce Commission, |
| 20 | | to pay that part of the
cost apportioned by such Commission to |
| 21 | | the State to cover the interest
of the public in the use of |
| 22 | | highways, roads, streets, or
pedestrian walkways in the
county |
| 23 | | highway system, township and district road system, or |
| 24 | | municipal
street system as defined in the Illinois Highway |
| 25 | | Code, as the same may
from time to time be amended, for |
| 26 | | separation of grades, for installation,
construction or |
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| 1 | | reconstruction of crossing protection or reconstruction,
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| 2 | | alteration, relocation including construction or improvement |
| 3 | | of any
existing highway necessary for access to property or |
| 4 | | improvement of any
grade crossing and grade crossing surface |
| 5 | | including the necessary highway approaches thereto of any
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| 6 | | railroad across the highway or public road, or for the |
| 7 | | installation,
construction, reconstruction, or maintenance of |
| 8 | | safety treatments to deter trespassing or a pedestrian walkway |
| 9 | | over or
under a railroad right-of-way, as provided for in and |
| 10 | | in
accordance with Section 18c-7401 of the Illinois Vehicle |
| 11 | | Code.
The Commission may order up to $2,000,000 per year in |
| 12 | | Grade Crossing Protection Fund moneys for the improvement of |
| 13 | | grade crossing surfaces and up to $300,000 per year for the |
| 14 | | maintenance and renewal of 4-quadrant gate vehicle detection |
| 15 | | systems located at non-high speed rail grade crossings.
In |
| 16 | | entering orders for projects for which payments from the Grade |
| 17 | | Crossing
Protection Fund will be made, the Commission shall |
| 18 | | account for expenditures
authorized by the orders on a cash |
| 19 | | rather than an accrual basis. For purposes
of this requirement |
| 20 | | an "accrual basis" assumes that the total cost of the
project |
| 21 | | is expended in the fiscal year in which the order is entered, |
| 22 | | while a
"cash basis" allocates the cost of the project among |
| 23 | | fiscal years as
expenditures are actually made. To meet the |
| 24 | | requirements of this subsection,
the Illinois Commerce |
| 25 | | Commission shall develop annual and 5-year project plans
of |
| 26 | | rail crossing capital improvements that will be paid for with |
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| 1 | | moneys from
the Grade Crossing Protection Fund. The annual |
| 2 | | project plan shall identify
projects for the succeeding fiscal |
| 3 | | year and the 5-year project plan shall
identify projects for |
| 4 | | the 5 directly succeeding fiscal years. The Commission
shall |
| 5 | | submit the annual and 5-year project plans for this Fund to the |
| 6 | | Governor,
the President of the Senate, the Senate Minority |
| 7 | | Leader, the Speaker of the
House of Representatives, and the |
| 8 | | Minority Leader of the House of
Representatives on
the first |
| 9 | | Wednesday in April of each year;
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| 10 | | (d) of the amount remaining after allocations provided for |
| 11 | | in
subsections (a), (a-1), (b), and (c), a sufficient amount |
| 12 | | shall be reserved to
pay all of the following:
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| 13 | | (1) the costs of the Department of Revenue in |
| 14 | | administering this
Act;
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| 15 | | (2) the costs of the Department of Transportation in |
| 16 | | performing its
duties imposed by the Illinois Highway Code |
| 17 | | for supervising the use of motor
fuel tax funds |
| 18 | | apportioned to municipalities, counties and road |
| 19 | | 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, |
| 9 | | 2003, and $15,000,000 on January 1, 2004, and $15,000,000
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| 10 | | on
each
July
1 and October 1, or as soon thereafter as may |
| 11 | | be practical, during the period July 1, 2004 through June |
| 12 | | 30, 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 |
| 18 | | and Treasurer from the Motor
Fuel Tax Fund into the |
| 19 | | Vehicle 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 |
| 23 | | paid, subject to appropriation, from the Motor Fuel Tax |
| 24 | | Fund into the Vehicle Inspection Fund; beginning in 2019, |
| 25 | | no later than December 31 of each year, or as soon |
| 26 | | thereafter as practical, the State Comptroller shall |
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| 1 | | direct and the State Treasurer shall transfer from the |
| 2 | | Vehicle Inspection Fund to the Motor Fuel Tax Fund any |
| 3 | | balance remaining in the Vehicle Inspection Fund in excess |
| 4 | | of $2,000,000; |
| 5 | | (5) amounts ordered paid by the Court of Claims; and
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| 6 | | (6) payment of motor fuel use taxes due to member |
| 7 | | jurisdictions under
the terms of the International Fuel |
| 8 | | Tax Agreement. The Department shall
certify these amounts |
| 9 | | to the Comptroller by the 15th day of each month; the
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| 10 | | Comptroller shall cause orders to be drawn for such |
| 11 | | amounts, and the Treasurer
shall administer those amounts |
| 12 | | on or before the last day of each month;
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| 13 | | (e) after allocations for the purposes set forth in |
| 14 | | subsections
(a), (a-1), (b), (c), and (d), the remaining |
| 15 | | amount shall be apportioned as follows:
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| 16 | | (1) Until January 1, 2000, 58.4%, and beginning |
| 17 | | January 1, 2000, 45.6%
shall be deposited as follows:
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| 18 | | (A) 37% into the State Construction Account Fund, |
| 19 | | and
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| 20 | | (B) 63% into the Road Fund, $1,250,000 of which |
| 21 | | shall be reserved each
month for the Department of |
| 22 | | Transportation to be used in accordance with
the |
| 23 | | provisions of Sections 6-901 through 6-906 of the |
| 24 | | Illinois Highway Code;
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| 25 | | (2) Until January 1, 2000, 41.6%, and beginning |
| 26 | | January 1, 2000, 54.4%
shall be transferred to the |
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| 1 | | Department of Transportation to be
distributed as follows:
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| 2 | | (A) 49.10% to the municipalities of the State,
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| 3 | | (B) 16.74% to the counties of the State having |
| 4 | | 1,000,000 or more inhabitants,
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| 5 | | (C) 18.27% to the counties of the State having |
| 6 | | less than 1,000,000 inhabitants,
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| 7 | | (D) 15.89% to the road districts of the State.
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| 8 | | If a township is dissolved under Article 24 of the |
| 9 | | Township Code, the county in which the township lies |
| 10 | | McHenry County shall receive any moneys that would have |
| 11 | | been distributed to the township under this subparagraph, |
| 12 | | except that a municipality that assumes the powers and |
| 13 | | responsibilities of a road district under paragraph (6) of |
| 14 | | Section 24-35 of the Township Code shall receive any |
| 15 | | moneys that would have been distributed to the township in |
| 16 | | a percent equal to the area of the dissolved road district |
| 17 | | or portion of the dissolved road district over which the |
| 18 | | municipality assumed the powers and responsibilities |
| 19 | | compared to the total area of the dissolved township. The |
| 20 | | moneys received under this subparagraph shall be used in |
| 21 | | the geographic area of the dissolved township. If a |
| 22 | | township is reconstituted as provided under Section 24-45 |
| 23 | | of the Township Code, McHenry County or a municipality |
| 24 | | shall no longer be distributed moneys under this |
| 25 | | subparagraph. |
| 26 | | As soon as may be after the first day of each month, the |
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| 1 | | Department of
Transportation shall allot to each municipality |
| 2 | | its share of the amount
apportioned to the several |
| 3 | | municipalities which shall be in proportion
to the population |
| 4 | | of such municipalities as determined by the last
preceding |
| 5 | | municipal census if conducted by the Federal Government or
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| 6 | | Federal census. If territory is annexed to any municipality |
| 7 | | subsequent
to the time of the last preceding census the |
| 8 | | corporate authorities of
such municipality may cause a census |
| 9 | | to be taken of such annexed
territory and the population so |
| 10 | | ascertained for such territory shall be
added to the |
| 11 | | population of the municipality as determined by the last
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| 12 | | preceding census for the purpose of determining the allotment |
| 13 | | for that
municipality. If the population of any municipality |
| 14 | | was not determined
by the last Federal census preceding any |
| 15 | | apportionment, the
apportionment to such municipality shall be |
| 16 | | in accordance with any
census taken by such municipality. Any |
| 17 | | municipal census used in
accordance with this Section shall be |
| 18 | | certified to the Department of
Transportation by the clerk of |
| 19 | | such municipality, and the accuracy
thereof shall be subject |
| 20 | | to approval of the Department which may make
such corrections |
| 21 | | as it ascertains to be necessary.
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| 22 | | As soon as may be after the first day of each month, the |
| 23 | | Department of
Transportation shall allot to each county its |
| 24 | | share of the amount
apportioned to the several counties of the |
| 25 | | State as herein provided.
Each allotment to the several |
| 26 | | counties having less than 1,000,000
inhabitants shall be in |
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| 1 | | proportion to the amount of motor vehicle
license fees |
| 2 | | received from the residents of such counties, respectively,
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| 3 | | during the preceding calendar year. The Secretary of State |
| 4 | | shall, on or
before April 15 of each year, transmit to the |
| 5 | | Department of
Transportation a full and complete report |
| 6 | | showing the amount of motor
vehicle license fees received from |
| 7 | | the residents of each county,
respectively, during the |
| 8 | | preceding calendar year. The Department of
Transportation |
| 9 | | shall, each month, use for allotment purposes the last
such |
| 10 | | report received from the Secretary of State.
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| 11 | | As soon as may be after the first day of each month, the |
| 12 | | Department
of Transportation shall allot to the several |
| 13 | | counties their share of the
amount apportioned for the use of |
| 14 | | road districts. The allotment shall
be apportioned among the |
| 15 | | several counties in the State in the proportion
which the |
| 16 | | total mileage of township or district roads in the respective
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| 17 | | counties bears to the total mileage of all township and |
| 18 | | district roads
in the State. Funds allotted to the respective |
| 19 | | counties for the use of
road districts therein shall be |
| 20 | | allocated to the several road districts
in the county in the |
| 21 | | proportion which the total mileage of such township
or |
| 22 | | district roads in the respective road districts bears to the |
| 23 | | total
mileage of all such township or district roads in the |
| 24 | | county. After
July 1 of any year prior to 2011, no allocation |
| 25 | | shall be made for any road district
unless it levied a tax for |
| 26 | | road and bridge purposes in an amount which
will require the |
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| 1 | | extension of such tax against the taxable property in
any such |
| 2 | | road district at a rate of not less than either .08% of the |
| 3 | | value
thereof, based upon the assessment for the year |
| 4 | | immediately prior to the year
in which such tax was levied and |
| 5 | | as equalized by the Department of Revenue
or, in DuPage |
| 6 | | County, an amount equal to or greater than $12,000 per mile of
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| 7 | | road under the jurisdiction of the road district, whichever is |
| 8 | | less. Beginning July 1, 2011 and each July 1 thereafter, an |
| 9 | | allocation shall be made for any road district
if it levied a |
| 10 | | tax for road and bridge purposes. In counties other than |
| 11 | | DuPage County, if the amount of the tax levy requires the |
| 12 | | extension of the tax against the taxable property in
the road |
| 13 | | district at a rate that is less than 0.08% of the value
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| 14 | | thereof, based upon the assessment for the year immediately |
| 15 | | prior to the year
in which the tax was levied and as equalized |
| 16 | | by the Department of Revenue, then the amount of the |
| 17 | | allocation for that road district shall be a percentage of the |
| 18 | | maximum allocation equal to the percentage obtained by |
| 19 | | dividing the rate extended by the district by 0.08%. In DuPage |
| 20 | | County, if the amount of the tax levy requires the extension of |
| 21 | | the tax against the taxable property in
the road district at a |
| 22 | | rate that is less than the lesser of (i) 0.08% of the value
of |
| 23 | | the taxable property in the road district, based upon the |
| 24 | | assessment for the year immediately prior to the year
in which |
| 25 | | such tax was levied and as equalized by the Department of |
| 26 | | Revenue,
or (ii) a rate that will yield an amount equal to |
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| 1 | | $12,000 per mile of
road under the jurisdiction of the road |
| 2 | | district, then the amount of the allocation for the road |
| 3 | | district shall be a percentage of the maximum allocation equal |
| 4 | | to the percentage obtained by dividing the rate extended by |
| 5 | | the district by the lesser of (i) 0.08% or (ii) the rate that |
| 6 | | will yield an amount equal to $12,000 per mile of
road under |
| 7 | | the jurisdiction of the road district. |
| 8 | | Prior to 2011, if any
road district has levied a special |
| 9 | | tax for road purposes
pursuant to Sections 6-601, 6-602, and |
| 10 | | 6-603 of the Illinois Highway Code, and
such tax was levied in |
| 11 | | an amount which would require extension at a
rate of not less |
| 12 | | than .08% of the value of the taxable property thereof,
as |
| 13 | | equalized or assessed by the Department of Revenue,
or, in |
| 14 | | DuPage County, an amount equal to or greater than $12,000 per |
| 15 | | mile of
road under the jurisdiction of the road district, |
| 16 | | whichever is less,
such levy shall, however, be deemed a |
| 17 | | proper compliance with this
Section and shall qualify such |
| 18 | | road district for an allotment under this
Section. Beginning |
| 19 | | in 2011 and thereafter, if any
road district has levied a |
| 20 | | special tax for road purposes
under Sections 6-601, 6-602, and |
| 21 | | 6-603 of the Illinois Highway Code, and
the tax was levied in |
| 22 | | an amount that would require extension at a
rate of not less |
| 23 | | than 0.08% of the value of the taxable property of that road |
| 24 | | district,
as equalized or assessed by the Department of |
| 25 | | Revenue or, in DuPage County, an amount equal to or greater |
| 26 | | than $12,000 per mile of road under the jurisdiction of the |
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| 1 | | road district, whichever is less, that levy shall be deemed a |
| 2 | | proper compliance with this
Section and shall qualify such |
| 3 | | road district for a full, rather than proportionate, allotment |
| 4 | | under this
Section. If the levy for the special tax is less |
| 5 | | than 0.08% of the value of the taxable property, or, in DuPage |
| 6 | | County if the levy for the special tax is less than the lesser |
| 7 | | of (i) 0.08% or (ii) $12,000 per mile of road under the |
| 8 | | jurisdiction of the road district, and if the levy for the |
| 9 | | special tax is more than any other levy for road and bridge |
| 10 | | purposes, then the levy for the special tax qualifies the road |
| 11 | | district for a proportionate, rather than full, allotment |
| 12 | | under this Section. If the levy for the special tax is equal to |
| 13 | | or less than any other levy for road and bridge purposes, then |
| 14 | | any allotment under this Section shall be determined by the |
| 15 | | other levy for road and bridge purposes. |
| 16 | | Prior to 2011, if a township has transferred to the road |
| 17 | | and bridge fund
money which, when added to the amount of any |
| 18 | | tax levy of the road
district would be the equivalent of a tax |
| 19 | | levy requiring extension at a
rate of at least .08%, or, in |
| 20 | | DuPage County, an amount equal to or greater
than $12,000 per |
| 21 | | mile of road under the jurisdiction of the road district,
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| 22 | | whichever is less, such transfer, together with any such tax |
| 23 | | levy,
shall be deemed a proper compliance with this Section |
| 24 | | and shall qualify
the road district for an allotment under |
| 25 | | this Section.
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| 26 | | In counties in which a property tax extension limitation |
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| 1 | | is imposed
under the Property Tax Extension Limitation Law, |
| 2 | | road districts may retain
their entitlement to a motor fuel |
| 3 | | tax allotment or, beginning in 2011, their entitlement to a |
| 4 | | full allotment if, at the time the property
tax
extension |
| 5 | | limitation was imposed, the road district was levying a road |
| 6 | | and
bridge tax at a rate sufficient to entitle it to a motor |
| 7 | | fuel tax allotment
and continues to levy the maximum allowable |
| 8 | | amount after the imposition of the
property tax extension |
| 9 | | limitation. Any road district may in all circumstances
retain |
| 10 | | its entitlement to a motor fuel tax allotment or, beginning in |
| 11 | | 2011, its entitlement to a full allotment if it levied a road |
| 12 | | and
bridge tax in an amount that will require the extension of |
| 13 | | the tax against the
taxable property in the road district at a |
| 14 | | rate of not less than 0.08% of the
assessed value of the |
| 15 | | property, based upon the assessment for the year
immediately |
| 16 | | preceding the year in which the tax was levied and as equalized |
| 17 | | by
the Department of Revenue or, in DuPage County, an amount |
| 18 | | equal to or greater
than $12,000 per mile of road under the |
| 19 | | jurisdiction of the road district,
whichever is less.
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| 20 | | As used in this Section, the term "road district" means |
| 21 | | any road
district, including a county unit road district, |
| 22 | | provided for by the
Illinois Highway Code; and the term |
| 23 | | "township or district road"
means any road in the township and |
| 24 | | district road system as defined in the
Illinois Highway Code. |
| 25 | | For the purposes of this Section, "township or
district road" |
| 26 | | also includes such roads as are maintained by park
districts, |
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| 1 | | forest preserve districts and conservation districts. The
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| 2 | | Department of Transportation shall determine the mileage of |
| 3 | | all township
and district roads for the purposes of making |
| 4 | | allotments and allocations of
motor fuel tax funds for use in |
| 5 | | road districts.
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| 6 | | Payment of motor fuel tax moneys to municipalities and |
| 7 | | counties shall
be made as soon as possible after the allotment |
| 8 | | is made. The treasurer
of the municipality or county may |
| 9 | | invest these funds until their use is
required and the |
| 10 | | interest earned by these investments shall be limited
to the |
| 11 | | same uses as the principal funds.
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| 12 | | (Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19; |
| 13 | | 101-493, eff. 8-23-19; 102-16, eff. 6-17-21; 102-558, eff. |
| 14 | | 8-20-21; 102-699, eff. 4-19-22.)
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| 15 | | Section 10. The Counties Code is amended by changing and |
| 16 | | renumbering Section 5-1185, as added by Public Act 101-230, as |
| 17 | | follows:
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| 18 | | (55 ILCS 5/5-1185) |
| 19 | | Sec. 5-1185. Dissolution of townships in McHenry County. |
| 20 | | If a township in McHenry County dissolves as provided in |
| 21 | | Article 24 of the Township Code, the county McHenry County |
| 22 | | shall assume the powers, duties, and obligations of each |
| 23 | | dissolved township as provided in Article 24 of the Township |
| 24 | | Code.
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| 1 | | (Source: P.A. 101-230, eff. 8-9-19; 102-558, eff. 8-20-21.)
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| 2 | | Section 15. The Township Code is amended by changing the |
| 3 | | heading of Article 24 and Sections 24-10, 24-15, 24-20, 24-30, |
| 4 | | and 24-35 as follows:
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| 5 | | (60 ILCS 1/Art. 24 heading) |
| 6 | | ARTICLE 24. DISSOLUTION OF |
| 7 | | TOWNSHIPS IN MCHENRY COUNTY
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| 8 | | (Source: P.A. 101-230, eff. 8-9-19.)
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| 9 | | (60 ILCS 1/24-10) |
| 10 | | Sec. 24-10. Definition. As used in this Article, |
| 11 | | "electors" means the registered voters of any single township |
| 12 | | in a county under township organization McHenry County.
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| 13 | | (Source: P.A. 101-230, eff. 8-9-19.)
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| 14 | | (60 ILCS 1/24-15) |
| 15 | | Sec. 24-15. Dissolving a township in McHenry County. By |
| 16 | | resolution, the board of trustees of a any township located in |
| 17 | | McHenry County may submit a proposition to dissolve the |
| 18 | | township to the electors of that township at the election next |
| 19 | | following in accordance with the general election law. The |
| 20 | | ballot shall be as provided for in Section 24-30.
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| 21 | | (Source: P.A. 101-230, eff. 8-9-19.)
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| 1 | | (60 ILCS 1/24-20) |
| 2 | | Sec. 24-20. Petition requirements; notice. |
| 3 | | (a) Subject to the petition requirements of Section 28-3 |
| 4 | | of the Election Code, petitions for a referendum to dissolve a |
| 5 | | township located in McHenry County must be filed with the |
| 6 | | governing board of the township, the county board of McHenry |
| 7 | | County, and the county clerk McHenry County Clerk not less |
| 8 | | than 122 days prior to any election held throughout the |
| 9 | | township. Petitions must include:
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| 10 | | (1) the name of the dissolving township;
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| 11 | | (2) the date of dissolution; and
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| 12 | | (3) signatures of a number of electors as follows: (A) |
| 13 | | for any township, the number of signatures shall be the |
| 14 | | larger of (i) 5% of the total ballots cast in the township |
| 15 | | in the immediately preceding election that is of an |
| 16 | | election type comparable to the election for which the |
| 17 | | petition is being filed, or (ii) 250 signatures. All |
| 18 | | signatures gathered under this paragraph (3) must be |
| 19 | | signed within 180 days prior to the filing of a petition.
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| 20 | | (b) The proposed date of dissolution shall be at least 90 |
| 21 | | days after the date of the election at which the referendum is |
| 22 | | to be voted upon.
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| 23 | | (c) If a valid petition is filed under subsection (a), |
| 24 | | then the county clerk McHenry County Clerk shall, by |
| 25 | | publication in one or more newspapers of general circulation |
| 26 | | within the county and on the county's website, not less than 90 |
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| 1 | | days prior to the election at which the referendum is to be |
| 2 | | voted on, give notice in substantially the following form:
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| 3 | | NOTICE OF PETITION TO DISSOLVE (dissolving township).
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| 4 | | Residents of (dissolving township) and (county) McHenry |
| 5 | | County are notified that a petition has been filed with |
| 6 | | (dissolving township) and (county) McHenry County |
| 7 | | requesting a referendum to dissolve (dissolving township) |
| 8 | | on (date of dissolution) with all real and personal |
| 9 | | property, and any other assets, together with all |
| 10 | | personnel, contractual obligations, and liabilities being |
| 11 | | transferred to (county) McHenry County.
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| 12 | | (Source: P.A. 101-230, eff. 8-9-19.)
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| 13 | | (60 ILCS 1/24-30) |
| 14 | | Sec. 24-30. Referendum; voting. |
| 15 | | (a) Subject to the requirements of Section 16-7 of the |
| 16 | | Election Code, the referendum described in Section 24-25 shall |
| 17 | | be in substantially the following form on the ballot: |
| 18 | | --------
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| 19 | | Shall the (dissolving
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| 20 | | township), together with any road
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| 21 | | districts wholly within the YES
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| 22 | | boundaries of (dissolving
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| 23 | | township), be dissolved on (date --------------
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| 24 | | of dissolution) with all of
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| 1 | | the township and road district
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| 2 | | property, assets, personnel, NO
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| 3 | | obligations, and liabilities being
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| 4 | | transferred to (county) McHenry County?
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| 5 | | ------------------------------------------------------------- |
| 6 | | (b) The referendum is approved when a majority of those |
| 7 | | voting in the election from the dissolving township approve |
| 8 | | the referendum.
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| 9 | | (Source: P.A. 101-230, eff. 8-9-19.)
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| 10 | | (60 ILCS 1/24-35) |
| 11 | | Sec. 24-35. Dissolution; transfer of rights and duties. |
| 12 | | When the dissolution of a township has been approved under |
| 13 | | Section 24-30:
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| 14 | | (1) On or before the date of dissolution, all real and |
| 15 | | personal property, and any other assets, together with all |
| 16 | | personnel, contractual obligations, and liabilities of the |
| 17 | | dissolving township and road districts wholly within the |
| 18 | | boundaries of the dissolving township shall be transferred |
| 19 | | to the county McHenry County. All funds of the dissolved |
| 20 | | township and dissolved road districts shall be used solely |
| 21 | | on behalf of the residents of the geographic area within |
| 22 | | the boundaries of the dissolved township. |
| 23 | | After the transfer of property to the county under |
| 24 | | this paragraph, all park land, cemetery land, buildings, |
| 25 | | and facilities within the geographic area of the |
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| 1 | | dissolving township must be utilized for the primary |
| 2 | | benefit of the geographic area of the dissolving township. |
| 3 | | Proceeds from the sale of the park land, cemetery land, |
| 4 | | buildings, or facilities after transfer to the county must |
| 5 | | be utilized for the sole benefit of the geographic area of |
| 6 | | the dissolved township.
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| 7 | | (2) On the date of dissolution, the dissolving |
| 8 | | township is dissolved.
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| 9 | | (3) On and after the date of dissolution, all rights |
| 10 | | and duties of the dissolved township may be exercised by |
| 11 | | the county board McHenry County Board solely on behalf of |
| 12 | | the residents of the geographic area within the boundaries |
| 13 | | of the dissolved township. The duties that may be |
| 14 | | exercised by the county include, but are not limited to, |
| 15 | | the administration of a dissolved township's general |
| 16 | | assistance program, maintenance and operation of a |
| 17 | | dissolved township's cemeteries, and the county assessor |
| 18 | | or county supervisor of assessments Chief County |
| 19 | | Assessment officer of McHenry County exercising the duties |
| 20 | | of the township assessor. |
| 21 | | (4) The county board McHenry County Board shall not |
| 22 | | extend a property tax levy that is greater than 90% of the |
| 23 | | property tax levy extended by the dissolved township or |
| 24 | | road districts for the duties taken on by the county |
| 25 | | McHenry County. This property tax levy may not be extended |
| 26 | | outside the boundaries of the dissolved township. In all |
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| 1 | | subsequent years, this levy shall be bound by the |
| 2 | | provisions of the Property Tax Extension Limitation Law. |
| 3 | | A tax levy extended under this paragraph may be used |
| 4 | | for the purposes allowed by the statute authorizing the |
| 5 | | tax levy or to pay liabilities of the dissolved township |
| 6 | | or dissolved road districts that were transferred to the |
| 7 | | county under paragraph (1). The taxpayers within the |
| 8 | | boundaries of the dissolved township are responsible to |
| 9 | | pay any liabilities transferred to the county: the county |
| 10 | | shall reduce spending within the boundaries of the former |
| 11 | | township in the amount necessary to pay off any |
| 12 | | liabilities transferred to the county under paragraph (1) |
| 13 | | that are not covered by the assets enumerated in paragraph |
| 14 | | (1) or taxes under this paragraph. |
| 15 | | (5) All road districts wholly within the boundaries of |
| 16 | | the dissolving township are dissolved on the date of |
| 17 | | dissolution of the dissolving township, and all powers and |
| 18 | | responsibilities of each road district are transferred to |
| 19 | | the county McHenry County except as provided in paragraph |
| 20 | | (6). |
| 21 | | (6) The county board of McHenry County shall give |
| 22 | | written notice to each municipality whose governing board |
| 23 | | meets within the boundaries of a dissolving township that |
| 24 | | the municipality may make an offer, on or before 60 days |
| 25 | | after the date of dissolution of the dissolving township, |
| 26 | | that the municipality will assume all of the powers and |
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| 1 | | responsibilities of a road district or road districts |
| 2 | | wholly inside the dissolving township. The notice shall be |
| 3 | | sent to each municipality on or before 30 days after the |
| 4 | | date of dissolution of the township. Any eligible |
| 5 | | municipality may, with consent of its governing board, |
| 6 | | make an offer to assume all of the powers and |
| 7 | | responsibilities of the dissolving township's road |
| 8 | | district or road districts. A municipality may offer to |
| 9 | | assume the powers and responsibilities only for a limited |
| 10 | | period of time. If one or more offers are received by the |
| 11 | | county McHenry County on or before 60 days after the date |
| 12 | | of dissolution of the dissolving township, the county |
| 13 | | board of McHenry County shall select the best offer or |
| 14 | | offers that the board determines would be in the best |
| 15 | | interest and welfare of the affected resident population. |
| 16 | | If no municipality makes an offer or if no satisfactory |
| 17 | | offer is made, the powers and duties of the dissolving |
| 18 | | township's road district or road districts are retained by |
| 19 | | the county McHenry County. The municipality that assumes |
| 20 | | the powers and duties of the dissolving township's road |
| 21 | | district or road districts shall not extend a road |
| 22 | | district property tax levy under Division 5 of Article 6 |
| 23 | | of the Illinois Highway Code that is greater than 90% of |
| 24 | | the road district property tax levy that was extended by |
| 25 | | the county on behalf of the dissolving township's road |
| 26 | | district or road districts for the duties taken on by the |
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| 1 | | municipality. |
| 2 | | (7) On the date of dissolution of the township or road |
| 3 | | district, elected and appointed township officers and road |
| 4 | | commissioners shall cease to hold office. An elected or |
| 5 | | appointed township official or township road commissioner |
| 6 | | shall not be compensated for any other duties performed |
| 7 | | after the dissolution of the township or road district |
| 8 | | that they represented. An elected township official or |
| 9 | | township road commissioner shall not have legal recourse |
| 10 | | relating to the ceasing of their elected or appointed |
| 11 | | positions upon the ceasing of their position.
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| 12 | | (Source: P.A. 101-230, eff. 8-9-19.)
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| 13 | | Section 20. The Illinois Highway Code is amended by |
| 14 | | changing Section 6-140 as follows:
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| 15 | | (605 ILCS 5/6-140) |
| 16 | | Sec. 6-140. Abolishing a township road district within |
| 17 | | Lake County or McHenry County with less than 15 miles of roads. |
| 18 | | A Any township in Lake County or McHenry County shall abolish a |
| 19 | | road district of that township if the roads of the road |
| 20 | | district are less than 15 centerline miles in length, as |
| 21 | | determined by the county engineer or county superintendent of |
| 22 | | highways. A road district is abolished on the expiration of |
| 23 | | the term of office of the highway commissioner of the road |
| 24 | | district facing abolition following the determination by the |
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| 1 | | county engineer or county superintendent of highways of the |
| 2 | | length, in centerline mileage, of the roads within the road |
| 3 | | district to be abolished. |
| 4 | | On the date of abolition: all the rights, powers, duties, |
| 5 | | assets, property, liabilities, obligations, and |
| 6 | | responsibilities of the road district shall by operation of |
| 7 | | law vest in and be assumed by the township; the township board |
| 8 | | of trustees shall assume all taxing authority of a road |
| 9 | | district abolished under this Section and shall exercise all |
| 10 | | duties and responsibilities of the highway commissioner as |
| 11 | | provided in this Code; and for purposes of distribution of |
| 12 | | revenue, the township shall assume the powers, duties, and |
| 13 | | obligations of the road district. The township board of |
| 14 | | trustees may enter into a contract with the county, a |
| 15 | | municipality, or a private contractor to administer the roads |
| 16 | | added to its jurisdiction under this Section.
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| 17 | | (Source: P.A. 101-230, eff. 8-9-19.)
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| 18 | | (605 ILCS 5/6-135 rep.) |
| 19 | | Section 25. The Illinois Highway Code is amended by |
| 20 | | repealing Section 6-135.
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| 21 | | Section 99. Effective date. This Act takes effect upon |
| 22 | | becoming law.
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