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
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.
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
LRB103 05174 AWJ 50189 b
A BILL FOR
HB3731LRB103 05174 AWJ 50189 b HB3731 LRB103 05174 AWJ 50189 b
HB3731 LRB103 05174 AWJ 50189 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Motor Fuel Tax Law is amended by changing
5 Section 8 as follows:
6 (35 ILCS 505/8) (from Ch. 120, par. 424)
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:
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;
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
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.
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
LRB103 05174 AWJ 50189 b
A BILL FOR
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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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;
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
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,
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
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;
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:
13 (1) the costs of the Department of Revenue in
14 administering this Act;
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;
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;
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
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
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;
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
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
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;
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:
16 (1) Until January 1, 2000, 58.4%, and beginning
17 January 1, 2000, 45.6% shall be deposited as follows:
18 (A) 37% into the State Construction Account Fund,
19 and
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;
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:
2 (A) 49.10% to the municipalities of the State,
3 (B) 16.74% to the counties of the State having
4 1,000,000 or more inhabitants,
5 (C) 18.27% to the counties of the State having
6 less than 1,000,000 inhabitants,
7 (D) 15.89% to the road districts of the State.
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
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
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.
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,
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.
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
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
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
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,
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.
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.
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
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.
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.
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.)
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:
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.)
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:
5 (60 ILCS 1/Art. 24 heading)
6 ARTICLE 24. DISSOLUTION OF
7 TOWNSHIPS IN MCHENRY COUNTY
8 (Source: P.A. 101-230, eff. 8-9-19.)
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.
13 (Source: P.A. 101-230, eff. 8-9-19.)
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.
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:
10 (1) the name of the dissolving township;
11 (2) the date of dissolution; and
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.
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.
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:
3 NOTICE OF PETITION TO DISSOLVE (dissolving township).
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.
12 (Source: P.A. 101-230, eff. 8-9-19.)
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 --------
19 Shall the (dissolving
20 township), together with any road
21 districts wholly within the YES
22 boundaries of (dissolving
23 township), be dissolved on (date --------------
24 of dissolution) with all of
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1 the township and road district
2 property, assets, personnel, NO
3 obligations, and liabilities being
4 transferred to (county) McHenry County?
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.
9 (Source: P.A. 101-230, eff. 8-9-19.)
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:
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.
7 (2) On the date of dissolution, the dissolving
8 township is dissolved.
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.
12 (Source: P.A. 101-230, eff. 8-9-19.)
13 Section 20. The Illinois Highway Code is amended by
14 changing Section 6-140 as follows:
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.
17 (Source: P.A. 101-230, eff. 8-9-19.)
18 (605 ILCS 5/6-135 rep.)
19 Section 25. The Illinois Highway Code is amended by
20 repealing Section 6-135.
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.
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