Illinois 2023-2024 Regular Session

Illinois House Bill HB3731 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	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 5/5-118560 ILCS 1/Art. 24 heading60 ILCS 1/24-1060 ILCS 1/24-1560 ILCS 1/24-2060 ILCS 1/24-3060 ILCS 1/24-35605 ILCS 5/6-140605 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 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 5/5-118560 ILCS 1/Art. 24 heading60 ILCS 1/24-1060 ILCS 1/24-1560 ILCS 1/24-2060 ILCS 1/24-3060 ILCS 1/24-35605 ILCS 5/6-140605 ILCS 5/6-135 rep. 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 LRB103 05174 AWJ 50189 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3731 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
3	3	35 ILCS 505/8 from Ch. 120, par. 424 55 ILCS 5/5-118560 ILCS 1/Art. 24 heading60 ILCS 1/24-1060 ILCS 1/24-1560 ILCS 1/24-2060 ILCS 1/24-3060 ILCS 1/24-35605 ILCS 5/6-140605 ILCS 5/6-135 rep. 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.
4	4	35 ILCS 505/8 from Ch. 120, par. 424
5	5	55 ILCS 5/5-1185
6	6	60 ILCS 1/Art. 24 heading
7	7	60 ILCS 1/24-10
8	8	60 ILCS 1/24-15
9	9	60 ILCS 1/24-20
10	10	60 ILCS 1/24-30
11	11	60 ILCS 1/24-35
12	12	605 ILCS 5/6-140
13	13	605 ILCS 5/6-135 rep.
14	14	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.
15	15	LRB103 05174 AWJ 50189 b LRB103 05174 AWJ 50189 b
16	16	LRB103 05174 AWJ 50189 b
17	17	A BILL FOR
18	18	HB3731LRB103 05174 AWJ 50189 b HB3731 LRB103 05174 AWJ 50189 b
19	19	HB3731 LRB103 05174 AWJ 50189 b
20	20	1 AN ACT concerning local government.
21	21	2 Be it enacted by the People of the State of Illinois,
22	22	3 represented in the General Assembly:
23	23	4 Section 5. The Motor Fuel Tax Law is amended by changing
24	24	5 Section 8 as follows:
25	25	6 (35 ILCS 505/8) (from Ch. 120, par. 424)
26	26	7 Sec. 8. Except as provided in subsection (a-1) of this
27	27	8 Section, Section 8a, subdivision (h)(1) of Section 12a,
28	28	9 Section 13a.6, and items 13, 14, 15, and 16 of Section 15, all
29	29	10 money received by the Department under this Act, including
30	30	11 payments made to the Department by member jurisdictions
31	31	12 participating in the International Fuel Tax Agreement, shall
32	32	13 be deposited in a special fund in the State treasury, to be
33	33	14 known as the "Motor Fuel Tax Fund", and shall be used as
34	34	15 follows:
35	35	16 (a) 2 1/2 cents per gallon of the tax collected on special
36	36	17 fuel under paragraph (b) of Section 2 and Section 13a of this
37	37	18 Act shall be transferred to the State Construction Account
38	38	19 Fund in the State Treasury; the remainder of the tax collected
39	39	20 on special fuel under paragraph (b) of Section 2 and Section
40	40	21 13a of this Act shall be deposited into the Road Fund;
41	41	22 (a-1) Beginning on July 1, 2019, an amount equal to the
42	42	23 amount of tax collected under subsection (a) of Section 2 as a
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46	46	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3731 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
47	47	35 ILCS 505/8 from Ch. 120, par. 424 55 ILCS 5/5-118560 ILCS 1/Art. 24 heading60 ILCS 1/24-1060 ILCS 1/24-1560 ILCS 1/24-2060 ILCS 1/24-3060 ILCS 1/24-35605 ILCS 5/6-140605 ILCS 5/6-135 rep. 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.
48	48	35 ILCS 505/8 from Ch. 120, par. 424
49	49	55 ILCS 5/5-1185
50	50	60 ILCS 1/Art. 24 heading
51	51	60 ILCS 1/24-10
52	52	60 ILCS 1/24-15
53	53	60 ILCS 1/24-20
54	54	60 ILCS 1/24-30
55	55	60 ILCS 1/24-35
56	56	605 ILCS 5/6-140
57	57	605 ILCS 5/6-135 rep.
58	58	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.
59	59	LRB103 05174 AWJ 50189 b LRB103 05174 AWJ 50189 b
60	60	LRB103 05174 AWJ 50189 b
61	61	A BILL FOR
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67	67	35 ILCS 505/8 from Ch. 120, par. 424
68	68	55 ILCS 5/5-1185
69	69	60 ILCS 1/Art. 24 heading
70	70	60 ILCS 1/24-10
71	71	60 ILCS 1/24-15
72	72	60 ILCS 1/24-20
73	73	60 ILCS 1/24-30
74	74	60 ILCS 1/24-35
75	75	605 ILCS 5/6-140
76	76	605 ILCS 5/6-135 rep.
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95	95	1 result of the increase in the tax rate under Public Act 101-32
96	96	2 shall be transferred each month into the Transportation
97	97	3 Renewal Fund;
98	98	4 (b) $420,000 shall be transferred each month to the State
99	99	5 Boating Act Fund to be used by the Department of Natural
100	100	6 Resources for the purposes specified in Article X of the Boat
101	101	7 Registration and Safety Act;
102	102	8 (c) $3,500,000 shall be transferred each month to the
103	103	9 Grade Crossing Protection Fund to be used as follows: not less
104	104	10 than $12,000,000 each fiscal year shall be used for the
105	105	11 construction or reconstruction of rail highway grade
106	106	12 separation structures; $5,500,000 in fiscal year 2022 and each
107	107	13 fiscal year thereafter shall be transferred to the
108	108	14 Transportation Regulatory Fund and shall be used to pay the
109	109	15 cost of administration of the Illinois Commerce Commission's
110	110	16 railroad safety program in connection with its duties under
111	111	17 subsection (3) of Section 18c-7401 of the Illinois Vehicle
112	112	18 Code, with the remainder to be used by the Department of
113	113	19 Transportation upon order of the Illinois Commerce Commission,
114	114	20 to pay that part of the cost apportioned by such Commission to
115	115	21 the State to cover the interest of the public in the use of
116	116	22 highways, roads, streets, or pedestrian walkways in the county
117	117	23 highway system, township and district road system, or
118	118	24 municipal street system as defined in the Illinois Highway
119	119	25 Code, as the same may from time to time be amended, for
120	120	26 separation of grades, for installation, construction or
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131	131	1 reconstruction of crossing protection or reconstruction,
132	132	2 alteration, relocation including construction or improvement
133	133	3 of any existing highway necessary for access to property or
134	134	4 improvement of any grade crossing and grade crossing surface
135	135	5 including the necessary highway approaches thereto of any
136	136	6 railroad across the highway or public road, or for the
137	137	7 installation, construction, reconstruction, or maintenance of
138	138	8 safety treatments to deter trespassing or a pedestrian walkway
139	139	9 over or under a railroad right-of-way, as provided for in and
140	140	10 in accordance with Section 18c-7401 of the Illinois Vehicle
141	141	11 Code. The Commission may order up to $2,000,000 per year in
142	142	12 Grade Crossing Protection Fund moneys for the improvement of
143	143	13 grade crossing surfaces and up to $300,000 per year for the
144	144	14 maintenance and renewal of 4-quadrant gate vehicle detection
145	145	15 systems located at non-high speed rail grade crossings. In
146	146	16 entering orders for projects for which payments from the Grade
147	147	17 Crossing Protection Fund will be made, the Commission shall
148	148	18 account for expenditures authorized by the orders on a cash
149	149	19 rather than an accrual basis. For purposes of this requirement
150	150	20 an "accrual basis" assumes that the total cost of the project
151	151	21 is expended in the fiscal year in which the order is entered,
152	152	22 while a "cash basis" allocates the cost of the project among
153	153	23 fiscal years as expenditures are actually made. To meet the
154	154	24 requirements of this subsection, the Illinois Commerce
155	155	25 Commission shall develop annual and 5-year project plans of
156	156	26 rail crossing capital improvements that will be paid for with
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167	167	1 moneys from the Grade Crossing Protection Fund. The annual
168	168	2 project plan shall identify projects for the succeeding fiscal
169	169	3 year and the 5-year project plan shall identify projects for
170	170	4 the 5 directly succeeding fiscal years. The Commission shall
171	171	5 submit the annual and 5-year project plans for this Fund to the
172	172	6 Governor, the President of the Senate, the Senate Minority
173	173	7 Leader, the Speaker of the House of Representatives, and the
174	174	8 Minority Leader of the House of Representatives on the first
175	175	9 Wednesday in April of each year;
176	176	10 (d) of the amount remaining after allocations provided for
177	177	11 in subsections (a), (a-1), (b), and (c), a sufficient amount
178	178	12 shall be reserved to pay all of the following:
179	179	13 (1) the costs of the Department of Revenue in
180	180	14 administering this Act;
181	181	15 (2) the costs of the Department of Transportation in
182	182	16 performing its duties imposed by the Illinois Highway Code
183	183	17 for supervising the use of motor fuel tax funds
184	184	18 apportioned to municipalities, counties and road
185	185	19 districts;
186	186	20 (3) refunds provided for in Section 13, refunds for
187	187	21 overpayment of decal fees paid under Section 13a.4 of this
188	188	22 Act, and refunds provided for under the terms of the
189	189	23 International Fuel Tax Agreement referenced in Section
190	190	24 14a;
191	191	25 (4) from October 1, 1985 until June 30, 1994, the
192	192	26 administration of the Vehicle Emissions Inspection Law,
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203	203	1 which amount shall be certified monthly by the
204	204	2 Environmental Protection Agency to the State Comptroller
205	205	3 and shall promptly be transferred by the State Comptroller
206	206	4 and Treasurer from the Motor Fuel Tax Fund to the Vehicle
207	207	5 Inspection Fund, and for the period July 1, 1994 through
208	208	6 June 30, 2000, one-twelfth of $25,000,000 each month, for
209	209	7 the period July 1, 2000 through June 30, 2003, one-twelfth
210	210	8 of $30,000,000 each month, and $15,000,000 on July 1,
211	211	9 2003, and $15,000,000 on January 1, 2004, and $15,000,000
212	212	10 on each July 1 and October 1, or as soon thereafter as may
213	213	11 be practical, during the period July 1, 2004 through June
214	214	12 30, 2012, and $30,000,000 on June 1, 2013, or as soon
215	215	13 thereafter as may be practical, and $15,000,000 on July 1
216	216	14 and October 1, or as soon thereafter as may be practical,
217	217	15 during the period of July 1, 2013 through June 30, 2015,
218	218	16 for the administration of the Vehicle Emissions Inspection
219	219	17 Law of 2005, to be transferred by the State Comptroller
220	220	18 and Treasurer from the Motor Fuel Tax Fund into the
221	221	19 Vehicle Inspection Fund;
222	222	20 (4.5) beginning on July 1, 2019, the costs of the
223	223	21 Environmental Protection Agency for the administration of
224	224	22 the Vehicle Emissions Inspection Law of 2005 shall be
225	225	23 paid, subject to appropriation, from the Motor Fuel Tax
226	226	24 Fund into the Vehicle Inspection Fund; beginning in 2019,
227	227	25 no later than December 31 of each year, or as soon
228	228	26 thereafter as practical, the State Comptroller shall
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239	239	1 direct and the State Treasurer shall transfer from the
240	240	2 Vehicle Inspection Fund to the Motor Fuel Tax Fund any
241	241	3 balance remaining in the Vehicle Inspection Fund in excess
242	242	4 of $2,000,000;
243	243	5 (5) amounts ordered paid by the Court of Claims; and
244	244	6 (6) payment of motor fuel use taxes due to member
245	245	7 jurisdictions under the terms of the International Fuel
246	246	8 Tax Agreement. The Department shall certify these amounts
247	247	9 to the Comptroller by the 15th day of each month; the
248	248	10 Comptroller shall cause orders to be drawn for such
249	249	11 amounts, and the Treasurer shall administer those amounts
250	250	12 on or before the last day of each month;
251	251	13 (e) after allocations for the purposes set forth in
252	252	14 subsections (a), (a-1), (b), (c), and (d), the remaining
253	253	15 amount shall be apportioned as follows:
254	254	16 (1) Until January 1, 2000, 58.4%, and beginning
255	255	17 January 1, 2000, 45.6% shall be deposited as follows:
256	256	18 (A) 37% into the State Construction Account Fund,
257	257	19 and
258	258	20 (B) 63% into the Road Fund, $1,250,000 of which
259	259	21 shall be reserved each month for the Department of
260	260	22 Transportation to be used in accordance with the
261	261	23 provisions of Sections 6-901 through 6-906 of the
262	262	24 Illinois Highway Code;
263	263	25 (2) Until January 1, 2000, 41.6%, and beginning
264	264	26 January 1, 2000, 54.4% shall be transferred to the
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275	275	1 Department of Transportation to be distributed as follows:
276	276	2 (A) 49.10% to the municipalities of the State,
277	277	3 (B) 16.74% to the counties of the State having
278	278	4 1,000,000 or more inhabitants,
279	279	5 (C) 18.27% to the counties of the State having
280	280	6 less than 1,000,000 inhabitants,
281	281	7 (D) 15.89% to the road districts of the State.
282	282	8 If a township is dissolved under Article 24 of the
283	283	9 Township Code, the county in which the township lies
284	284	10 McHenry County shall receive any moneys that would have
285	285	11 been distributed to the township under this subparagraph,
286	286	12 except that a municipality that assumes the powers and
287	287	13 responsibilities of a road district under paragraph (6) of
288	288	14 Section 24-35 of the Township Code shall receive any
289	289	15 moneys that would have been distributed to the township in
290	290	16 a percent equal to the area of the dissolved road district
291	291	17 or portion of the dissolved road district over which the
292	292	18 municipality assumed the powers and responsibilities
293	293	19 compared to the total area of the dissolved township. The
294	294	20 moneys received under this subparagraph shall be used in
295	295	21 the geographic area of the dissolved township. If a
296	296	22 township is reconstituted as provided under Section 24-45
297	297	23 of the Township Code, McHenry County or a municipality
298	298	24 shall no longer be distributed moneys under this
299	299	25 subparagraph.
300	300	26 As soon as may be after the first day of each month, the
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311	311	1 Department of Transportation shall allot to each municipality
312	312	2 its share of the amount apportioned to the several
313	313	3 municipalities which shall be in proportion to the population
314	314	4 of such municipalities as determined by the last preceding
315	315	5 municipal census if conducted by the Federal Government or
316	316	6 Federal census. If territory is annexed to any municipality
317	317	7 subsequent to the time of the last preceding census the
318	318	8 corporate authorities of such municipality may cause a census
319	319	9 to be taken of such annexed territory and the population so
320	320	10 ascertained for such territory shall be added to the
321	321	11 population of the municipality as determined by the last
322	322	12 preceding census for the purpose of determining the allotment
323	323	13 for that municipality. If the population of any municipality
324	324	14 was not determined by the last Federal census preceding any
325	325	15 apportionment, the apportionment to such municipality shall be
326	326	16 in accordance with any census taken by such municipality. Any
327	327	17 municipal census used in accordance with this Section shall be
328	328	18 certified to the Department of Transportation by the clerk of
329	329	19 such municipality, and the accuracy thereof shall be subject
330	330	20 to approval of the Department which may make such corrections
331	331	21 as it ascertains to be necessary.
332	332	22 As soon as may be after the first day of each month, the
333	333	23 Department of Transportation shall allot to each county its
334	334	24 share of the amount apportioned to the several counties of the
335	335	25 State as herein provided. Each allotment to the several
336	336	26 counties having less than 1,000,000 inhabitants shall be in
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347	347	1 proportion to the amount of motor vehicle license fees
348	348	2 received from the residents of such counties, respectively,
349	349	3 during the preceding calendar year. The Secretary of State
350	350	4 shall, on or before April 15 of each year, transmit to the
351	351	5 Department of Transportation a full and complete report
352	352	6 showing the amount of motor vehicle license fees received from
353	353	7 the residents of each county, respectively, during the
354	354	8 preceding calendar year. The Department of Transportation
355	355	9 shall, each month, use for allotment purposes the last such
356	356	10 report received from the Secretary of State.
357	357	11 As soon as may be after the first day of each month, the
358	358	12 Department of Transportation shall allot to the several
359	359	13 counties their share of the amount apportioned for the use of
360	360	14 road districts. The allotment shall be apportioned among the
361	361	15 several counties in the State in the proportion which the
362	362	16 total mileage of township or district roads in the respective
363	363	17 counties bears to the total mileage of all township and
364	364	18 district roads in the State. Funds allotted to the respective
365	365	19 counties for the use of road districts therein shall be
366	366	20 allocated to the several road districts in the county in the
367	367	21 proportion which the total mileage of such township or
368	368	22 district roads in the respective road districts bears to the
369	369	23 total mileage of all such township or district roads in the
370	370	24 county. After July 1 of any year prior to 2011, no allocation
371	371	25 shall be made for any road district unless it levied a tax for
372	372	26 road and bridge purposes in an amount which will require the
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383	383	1 extension of such tax against the taxable property in any such
384	384	2 road district at a rate of not less than either .08% of the
385	385	3 value thereof, based upon the assessment for the year
386	386	4 immediately prior to the year in which such tax was levied and
387	387	5 as equalized by the Department of Revenue or, in DuPage
388	388	6 County, an amount equal to or greater than $12,000 per mile of
389	389	7 road under the jurisdiction of the road district, whichever is
390	390	8 less. Beginning July 1, 2011 and each July 1 thereafter, an
391	391	9 allocation shall be made for any road district if it levied a
392	392	10 tax for road and bridge purposes. In counties other than
393	393	11 DuPage County, if the amount of the tax levy requires the
394	394	12 extension of the tax against the taxable property in the road
395	395	13 district at a rate that is less than 0.08% of the value
396	396	14 thereof, based upon the assessment for the year immediately
397	397	15 prior to the year in which the tax was levied and as equalized
398	398	16 by the Department of Revenue, then the amount of the
399	399	17 allocation for that road district shall be a percentage of the
400	400	18 maximum allocation equal to the percentage obtained by
401	401	19 dividing the rate extended by the district by 0.08%. In DuPage
402	402	20 County, if the amount of the tax levy requires the extension of
403	403	21 the tax against the taxable property in the road district at a
404	404	22 rate that is less than the lesser of (i) 0.08% of the value of
405	405	23 the taxable property in the road district, based upon the
406	406	24 assessment for the year immediately prior to the year in which
407	407	25 such tax was levied and as equalized by the Department of
408	408	26 Revenue, or (ii) a rate that will yield an amount equal to
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419	419	1 $12,000 per mile of road under the jurisdiction of the road
420	420	2 district, then the amount of the allocation for the road
421	421	3 district shall be a percentage of the maximum allocation equal
422	422	4 to the percentage obtained by dividing the rate extended by
423	423	5 the district by the lesser of (i) 0.08% or (ii) the rate that
424	424	6 will yield an amount equal to $12,000 per mile of road under
425	425	7 the jurisdiction of the road district.
426	426	8 Prior to 2011, if any road district has levied a special
427	427	9 tax for road purposes pursuant to Sections 6-601, 6-602, and
428	428	10 6-603 of the Illinois Highway Code, and such tax was levied in
429	429	11 an amount which would require extension at a rate of not less
430	430	12 than .08% of the value of the taxable property thereof, as
431	431	13 equalized or assessed by the Department of Revenue, or, in
432	432	14 DuPage County, an amount equal to or greater than $12,000 per
433	433	15 mile of road under the jurisdiction of the road district,
434	434	16 whichever is less, such levy shall, however, be deemed a
435	435	17 proper compliance with this Section and shall qualify such
436	436	18 road district for an allotment under this Section. Beginning
437	437	19 in 2011 and thereafter, if any road district has levied a
438	438	20 special tax for road purposes under Sections 6-601, 6-602, and
439	439	21 6-603 of the Illinois Highway Code, and the tax was levied in
440	440	22 an amount that would require extension at a rate of not less
441	441	23 than 0.08% of the value of the taxable property of that road
442	442	24 district, as equalized or assessed by the Department of
443	443	25 Revenue or, in DuPage County, an amount equal to or greater
444	444	26 than $12,000 per mile of road under the jurisdiction of the
445	445
446	446
447	447
448	448
449	449
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455	455	1 road district, whichever is less, that levy shall be deemed a
456	456	2 proper compliance with this Section and shall qualify such
457	457	3 road district for a full, rather than proportionate, allotment
458	458	4 under this Section. If the levy for the special tax is less
459	459	5 than 0.08% of the value of the taxable property, or, in DuPage
460	460	6 County if the levy for the special tax is less than the lesser
461	461	7 of (i) 0.08% or (ii) $12,000 per mile of road under the
462	462	8 jurisdiction of the road district, and if the levy for the
463	463	9 special tax is more than any other levy for road and bridge
464	464	10 purposes, then the levy for the special tax qualifies the road
465	465	11 district for a proportionate, rather than full, allotment
466	466	12 under this Section. If the levy for the special tax is equal to
467	467	13 or less than any other levy for road and bridge purposes, then
468	468	14 any allotment under this Section shall be determined by the
469	469	15 other levy for road and bridge purposes.
470	470	16 Prior to 2011, if a township has transferred to the road
471	471	17 and bridge fund money which, when added to the amount of any
472	472	18 tax levy of the road district would be the equivalent of a tax
473	473	19 levy requiring extension at a rate of at least .08%, or, in
474	474	20 DuPage County, an amount equal to or greater than $12,000 per
475	475	21 mile of road under the jurisdiction of the road district,
476	476	22 whichever is less, such transfer, together with any such tax
477	477	23 levy, shall be deemed a proper compliance with this Section
478	478	24 and shall qualify the road district for an allotment under
479	479	25 this Section.
480	480	26 In counties in which a property tax extension limitation
481	481
482	482
483	483
484	484
485	485
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487	487
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491	491	1 is imposed under the Property Tax Extension Limitation Law,
492	492	2 road districts may retain their entitlement to a motor fuel
493	493	3 tax allotment or, beginning in 2011, their entitlement to a
494	494	4 full allotment if, at the time the property tax extension
495	495	5 limitation was imposed, the road district was levying a road
496	496	6 and bridge tax at a rate sufficient to entitle it to a motor
497	497	7 fuel tax allotment and continues to levy the maximum allowable
498	498	8 amount after the imposition of the property tax extension
499	499	9 limitation. Any road district may in all circumstances retain
500	500	10 its entitlement to a motor fuel tax allotment or, beginning in
501	501	11 2011, its entitlement to a full allotment if it levied a road
502	502	12 and bridge tax in an amount that will require the extension of
503	503	13 the tax against the taxable property in the road district at a
504	504	14 rate of not less than 0.08% of the assessed value of the
505	505	15 property, based upon the assessment for the year immediately
506	506	16 preceding the year in which the tax was levied and as equalized
507	507	17 by the Department of Revenue or, in DuPage County, an amount
508	508	18 equal to or greater than $12,000 per mile of road under the
509	509	19 jurisdiction of the road district, whichever is less.
510	510	20 As used in this Section, the term "road district" means
511	511	21 any road district, including a county unit road district,
512	512	22 provided for by the Illinois Highway Code; and the term
513	513	23 "township or district road" means any road in the township and
514	514	24 district road system as defined in the Illinois Highway Code.
515	515	25 For the purposes of this Section, "township or district road"
516	516	26 also includes such roads as are maintained by park districts,
517	517
518	518
519	519
520	520
521	521
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523	523
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527	527	1 forest preserve districts and conservation districts. The
528	528	2 Department of Transportation shall determine the mileage of
529	529	3 all township and district roads for the purposes of making
530	530	4 allotments and allocations of motor fuel tax funds for use in
531	531	5 road districts.
532	532	6 Payment of motor fuel tax moneys to municipalities and
533	533	7 counties shall be made as soon as possible after the allotment
534	534	8 is made. The treasurer of the municipality or county may
535	535	9 invest these funds until their use is required and the
536	536	10 interest earned by these investments shall be limited to the
537	537	11 same uses as the principal funds.
538	538	12 (Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19;
539	539	13 101-493, eff. 8-23-19; 102-16, eff. 6-17-21; 102-558, eff.
540	540	14 8-20-21; 102-699, eff. 4-19-22.)
541	541	15 Section 10. The Counties Code is amended by changing and
542	542	16 renumbering Section 5-1185, as added by Public Act 101-230, as
543	543	17 follows:
544	544	18 (55 ILCS 5/5-1185)
545	545	19 Sec. 5-1185. Dissolution of townships in McHenry County.
546	546	20 If a township in McHenry County dissolves as provided in
547	547	21 Article 24 of the Township Code, the county McHenry County
548	548	22 shall assume the powers, duties, and obligations of each
549	549	23 dissolved township as provided in Article 24 of the Township
550	550	24 Code.
551	551
552	552
553	553
554	554
555	555
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557	557
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561	561	1 (Source: P.A. 101-230, eff. 8-9-19; 102-558, eff. 8-20-21.)
562	562	2 Section 15. The Township Code is amended by changing the
563	563	3 heading of Article 24 and Sections 24-10, 24-15, 24-20, 24-30,
564	564	4 and 24-35 as follows:
565	565	5 (60 ILCS 1/Art. 24 heading)
566	566	6 ARTICLE 24. DISSOLUTION OF
567	567	7 TOWNSHIPS IN MCHENRY COUNTY
568	568	8 (Source: P.A. 101-230, eff. 8-9-19.)
569	569	9 (60 ILCS 1/24-10)
570	570	10 Sec. 24-10. Definition. As used in this Article,
571	571	11 "electors" means the registered voters of any single township
572	572	12 in a county under township organization McHenry County.
573	573	13 (Source: P.A. 101-230, eff. 8-9-19.)
574	574	14 (60 ILCS 1/24-15)
575	575	15 Sec. 24-15. Dissolving a township in McHenry County. By
576	576	16 resolution, the board of trustees of a any township located in
577	577	17 McHenry County may submit a proposition to dissolve the
578	578	18 township to the electors of that township at the election next
579	579	19 following in accordance with the general election law. The
580	580	20 ballot shall be as provided for in Section 24-30.
581	581	21 (Source: P.A. 101-230, eff. 8-9-19.)
582	582
583	583
584	584
585	585
586	586
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592	592	1 (60 ILCS 1/24-20)
593	593	2 Sec. 24-20. Petition requirements; notice.
594	594	3 (a) Subject to the petition requirements of Section 28-3
595	595	4 of the Election Code, petitions for a referendum to dissolve a
596	596	5 township located in McHenry County must be filed with the
597	597	6 governing board of the township, the county board of McHenry
598	598	7 County, and the county clerk McHenry County Clerk not less
599	599	8 than 122 days prior to any election held throughout the
600	600	9 township. Petitions must include:
601	601	10 (1) the name of the dissolving township;
602	602	11 (2) the date of dissolution; and
603	603	12 (3) signatures of a number of electors as follows: (A)
604	604	13 for any township, the number of signatures shall be the
605	605	14 larger of (i) 5% of the total ballots cast in the township
606	606	15 in the immediately preceding election that is of an
607	607	16 election type comparable to the election for which the
608	608	17 petition is being filed, or (ii) 250 signatures. All
609	609	18 signatures gathered under this paragraph (3) must be
610	610	19 signed within 180 days prior to the filing of a petition.
611	611	20 (b) The proposed date of dissolution shall be at least 90
612	612	21 days after the date of the election at which the referendum is
613	613	22 to be voted upon.
614	614	23 (c) If a valid petition is filed under subsection (a),
615	615	24 then the county clerk McHenry County Clerk shall, by
616	616	25 publication in one or more newspapers of general circulation
617	617	26 within the county and on the county's website, not less than 90
618	618
619	619
620	620
621	621
622	622
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624	624
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627	627	HB3731 - 17 - LRB103 05174 AWJ 50189 b
628	628	1 days prior to the election at which the referendum is to be
629	629	2 voted on, give notice in substantially the following form:
630	630	3 NOTICE OF PETITION TO DISSOLVE (dissolving township).
631	631	4 Residents of (dissolving township) and (county) McHenry
632	632	5 County are notified that a petition has been filed with
633	633	6 (dissolving township) and (county) McHenry County
634	634	7 requesting a referendum to dissolve (dissolving township)
635	635	8 on (date of dissolution) with all real and personal
636	636	9 property, and any other assets, together with all
637	637	10 personnel, contractual obligations, and liabilities being
638	638	11 transferred to (county) McHenry County.
639	639	12 (Source: P.A. 101-230, eff. 8-9-19.)
640	640	13 (60 ILCS 1/24-30)
641	641	14 Sec. 24-30. Referendum; voting.
642	642	15 (a) Subject to the requirements of Section 16-7 of the
643	643	16 Election Code, the referendum described in Section 24-25 shall
644	644	17 be in substantially the following form on the ballot:
645	645	18 --------
646	646	19 Shall the (dissolving
647	647	20 township), together with any road
648	648	21 districts wholly within the YES
649	649	22 boundaries of (dissolving
650	650	23 township), be dissolved on (date --------------
651	651	24 of dissolution) with all of
652	652
653	653
654	654
655	655
656	656
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658	658
659	659
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661	661	HB3731 - 18 - LRB103 05174 AWJ 50189 b
662	662	1 the township and road district
663	663	2 property, assets, personnel, NO
664	664	3 obligations, and liabilities being
665	665	4 transferred to (county) McHenry County?
666	666	5 -------------------------------------------------------------
667	667	6 (b) The referendum is approved when a majority of those
668	668	7 voting in the election from the dissolving township approve
669	669	8 the referendum.
670	670	9 (Source: P.A. 101-230, eff. 8-9-19.)
671	671	10 (60 ILCS 1/24-35)
672	672	11 Sec. 24-35. Dissolution; transfer of rights and duties.
673	673	12 When the dissolution of a township has been approved under
674	674	13 Section 24-30:
675	675	14 (1) On or before the date of dissolution, all real and
676	676	15 personal property, and any other assets, together with all
677	677	16 personnel, contractual obligations, and liabilities of the
678	678	17 dissolving township and road districts wholly within the
679	679	18 boundaries of the dissolving township shall be transferred
680	680	19 to the county McHenry County. All funds of the dissolved
681	681	20 township and dissolved road districts shall be used solely
682	682	21 on behalf of the residents of the geographic area within
683	683	22 the boundaries of the dissolved township.
684	684	23 After the transfer of property to the county under
685	685	24 this paragraph, all park land, cemetery land, buildings,
686	686	25 and facilities within the geographic area of the
687	687
688	688
689	689
690	690
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693	693
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697	697	1 dissolving township must be utilized for the primary
698	698	2 benefit of the geographic area of the dissolving township.
699	699	3 Proceeds from the sale of the park land, cemetery land,
700	700	4 buildings, or facilities after transfer to the county must
701	701	5 be utilized for the sole benefit of the geographic area of
702	702	6 the dissolved township.
703	703	7 (2) On the date of dissolution, the dissolving
704	704	8 township is dissolved.
705	705	9 (3) On and after the date of dissolution, all rights
706	706	10 and duties of the dissolved township may be exercised by
707	707	11 the county board McHenry County Board solely on behalf of
708	708	12 the residents of the geographic area within the boundaries
709	709	13 of the dissolved township. The duties that may be
710	710	14 exercised by the county include, but are not limited to,
711	711	15 the administration of a dissolved township's general
712	712	16 assistance program, maintenance and operation of a
713	713	17 dissolved township's cemeteries, and the county assessor
714	714	18 or county supervisor of assessments Chief County
715	715	19 Assessment officer of McHenry County exercising the duties
716	716	20 of the township assessor.
717	717	21 (4) The county board McHenry County Board shall not
718	718	22 extend a property tax levy that is greater than 90% of the
719	719	23 property tax levy extended by the dissolved township or
720	720	24 road districts for the duties taken on by the county
721	721	25 McHenry County. This property tax levy may not be extended
722	722	26 outside the boundaries of the dissolved township. In all
723	723
724	724
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733	733	1 subsequent years, this levy shall be bound by the
734	734	2 provisions of the Property Tax Extension Limitation Law.
735	735	3 A tax levy extended under this paragraph may be used
736	736	4 for the purposes allowed by the statute authorizing the
737	737	5 tax levy or to pay liabilities of the dissolved township
738	738	6 or dissolved road districts that were transferred to the
739	739	7 county under paragraph (1). The taxpayers within the
740	740	8 boundaries of the dissolved township are responsible to
741	741	9 pay any liabilities transferred to the county: the county
742	742	10 shall reduce spending within the boundaries of the former
743	743	11 township in the amount necessary to pay off any
744	744	12 liabilities transferred to the county under paragraph (1)
745	745	13 that are not covered by the assets enumerated in paragraph
746	746	14 (1) or taxes under this paragraph.
747	747	15 (5) All road districts wholly within the boundaries of
748	748	16 the dissolving township are dissolved on the date of
749	749	17 dissolution of the dissolving township, and all powers and
750	750	18 responsibilities of each road district are transferred to
751	751	19 the county McHenry County except as provided in paragraph
752	752	20 (6).
753	753	21 (6) The county board of McHenry County shall give
754	754	22 written notice to each municipality whose governing board
755	755	23 meets within the boundaries of a dissolving township that
756	756	24 the municipality may make an offer, on or before 60 days
757	757	25 after the date of dissolution of the dissolving township,
758	758	26 that the municipality will assume all of the powers and
759	759
760	760
761	761
762	762
763	763
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769	769	1 responsibilities of a road district or road districts
770	770	2 wholly inside the dissolving township. The notice shall be
771	771	3 sent to each municipality on or before 30 days after the
772	772	4 date of dissolution of the township. Any eligible
773	773	5 municipality may, with consent of its governing board,
774	774	6 make an offer to assume all of the powers and
775	775	7 responsibilities of the dissolving township's road
776	776	8 district or road districts. A municipality may offer to
777	777	9 assume the powers and responsibilities only for a limited
778	778	10 period of time. If one or more offers are received by the
779	779	11 county McHenry County on or before 60 days after the date
780	780	12 of dissolution of the dissolving township, the county
781	781	13 board of McHenry County shall select the best offer or
782	782	14 offers that the board determines would be in the best
783	783	15 interest and welfare of the affected resident population.
784	784	16 If no municipality makes an offer or if no satisfactory
785	785	17 offer is made, the powers and duties of the dissolving
786	786	18 township's road district or road districts are retained by
787	787	19 the county McHenry County. The municipality that assumes
788	788	20 the powers and duties of the dissolving township's road
789	789	21 district or road districts shall not extend a road
790	790	22 district property tax levy under Division 5 of Article 6
791	791	23 of the Illinois Highway Code that is greater than 90% of
792	792	24 the road district property tax levy that was extended by
793	793	25 the county on behalf of the dissolving township's road
794	794	26 district or road districts for the duties taken on by the
795	795
796	796
797	797
798	798
799	799
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801	801
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805	805	1 municipality.
806	806	2 (7) On the date of dissolution of the township or road
807	807	3 district, elected and appointed township officers and road
808	808	4 commissioners shall cease to hold office. An elected or
809	809	5 appointed township official or township road commissioner
810	810	6 shall not be compensated for any other duties performed
811	811	7 after the dissolution of the township or road district
812	812	8 that they represented. An elected township official or
813	813	9 township road commissioner shall not have legal recourse
814	814	10 relating to the ceasing of their elected or appointed
815	815	11 positions upon the ceasing of their position.
816	816	12 (Source: P.A. 101-230, eff. 8-9-19.)
817	817	13 Section 20. The Illinois Highway Code is amended by
818	818	14 changing Section 6-140 as follows:
819	819	15 (605 ILCS 5/6-140)
820	820	16 Sec. 6-140. Abolishing a township road district within
821	821	17 Lake County or McHenry County with less than 15 miles of roads.
822	822	18 A Any township in Lake County or McHenry County shall abolish a
823	823	19 road district of that township if the roads of the road
824	824	20 district are less than 15 centerline miles in length, as
825	825	21 determined by the county engineer or county superintendent of
826	826	22 highways. A road district is abolished on the expiration of
827	827	23 the term of office of the highway commissioner of the road
828	828	24 district facing abolition following the determination by the
829	829
830	830
831	831
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835	835
836	836
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839	839	1 county engineer or county superintendent of highways of the
840	840	2 length, in centerline mileage, of the roads within the road
841	841	3 district to be abolished.
842	842	4 On the date of abolition: all the rights, powers, duties,
843	843	5 assets, property, liabilities, obligations, and
844	844	6 responsibilities of the road district shall by operation of
845	845	7 law vest in and be assumed by the township; the township board
846	846	8 of trustees shall assume all taxing authority of a road
847	847	9 district abolished under this Section and shall exercise all
848	848	10 duties and responsibilities of the highway commissioner as
849	849	11 provided in this Code; and for purposes of distribution of
850	850	12 revenue, the township shall assume the powers, duties, and
851	851	13 obligations of the road district. The township board of
852	852	14 trustees may enter into a contract with the county, a
853	853	15 municipality, or a private contractor to administer the roads
854	854	16 added to its jurisdiction under this Section.
855	855	17 (Source: P.A. 101-230, eff. 8-9-19.)
856	856	18 (605 ILCS 5/6-135 rep.)
857	857	19 Section 25. The Illinois Highway Code is amended by
858	858	20 repealing Section 6-135.
859	859	21 Section 99. Effective date. This Act takes effect upon
860	860	22 becoming law.
861	861
862	862
863	863
864	864
865	865
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