Illinois 2025-2026 Regular Session

Illinois House Bill HB3581 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3581 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: 35 ILCS 505/8 from Ch. 120, par. 42455 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. LRB104 06161 RTM 16195 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3581 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: 35 ILCS 505/8 from Ch. 120, par. 42455 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. LRB104 06161 RTM 16195 b LRB104 06161 RTM 16195 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3581 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
3	3	35 ILCS 505/8 from Ch. 120, par. 42455 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.
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17	17	A BILL FOR
18	18	HB3581LRB104 06161 RTM 16195 b HB3581 LRB104 06161 RTM 16195 b
19	19	HB3581 LRB104 06161 RTM 16195 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. Distribution of proceeds of tax. Except as
27	27	8 provided in subsection (a-1) of this Section, Section 8a,
28	28	9 subdivision (h)(1) of Section 12a, Section 13a.6, and items
29	29	10 13, 14, 15, and 16 of Section 15, all money received by the
30	30	11 Department under this Act, including payments made to the
31	31	12 Department by member jurisdictions participating in the
32	32	13 International Fuel Tax Agreement, shall be deposited into a
33	33	14 special fund in the State treasury, to be known as the Motor
34	34	15 Fuel Tax Fund, and shall be used as 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 and
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46	46	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3581 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
47	47	35 ILCS 505/8 from Ch. 120, par. 42455 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.
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60	60	LRB104 06161 RTM 16195 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 Section 13a as a result of the increase in the tax rate under
96	96	2 subsection (a) of Section 2 authorized by Public Act 101-32
97	97	3 shall be deposited each month into the Transportation Renewal
98	98	4 Fund; provided, however, that the amount that represents the
99	99	5 part (b) portion of the rate under Section 13a shall be
100	100	6 deposited each month into the Motor Fuel Tax Fund and the
101	101	7 Transportation Renewal Fund in the same proportion as the
102	102	8 amount collected under subsection (a) of Section 2;
103	103	9 (b) $420,000 shall be transferred each month to the State
104	104	10 Boating Act Fund to be used by the Department of Natural
105	105	11 Resources for the purposes specified in Article X of the Boat
106	106	12 Registration and Safety Act;
107	107	13 (c) $3,500,000 shall be transferred each month to the
108	108	14 Grade Crossing Protection Fund to be used as follows: not less
109	109	15 than $12,000,000 each fiscal year shall be used for the
110	110	16 construction or reconstruction of rail highway grade
111	111	17 separation structures; $5,500,000 in fiscal year 2022 and each
112	112	18 fiscal year thereafter shall be transferred to the
113	113	19 Transportation Regulatory Fund and shall be used to pay the
114	114	20 cost of administration of the Illinois Commerce Commission's
115	115	21 railroad safety program in connection with its duties under
116	116	22 subsection (3) of Section 18c-7401 of the Illinois Vehicle
117	117	23 Code, with the remainder to be used by the Department of
118	118	24 Transportation upon order of the Illinois Commerce Commission,
119	119	25 to pay that part of the cost apportioned by such Commission to
120	120	26 the State to cover the interest of the public in the use of
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131	131	1 highways, roads, streets, or pedestrian walkways in the county
132	132	2 highway system, township and district road system, or
133	133	3 municipal street system as defined in the Illinois Highway
134	134	4 Code, as the same may from time to time be amended, for
135	135	5 separation of grades, for installation, construction or
136	136	6 reconstruction of crossing protection or reconstruction,
137	137	7 alteration, relocation including construction or improvement
138	138	8 of any existing highway necessary for access to property or
139	139	9 improvement of any grade crossing and grade crossing surface
140	140	10 including the necessary highway approaches thereto of any
141	141	11 railroad across the highway or public road, or for the
142	142	12 installation, construction, reconstruction, or maintenance of
143	143	13 safety treatments to deter trespassing or a pedestrian walkway
144	144	14 over or under a railroad right-of-way, as provided for in and
145	145	15 in accordance with Section 18c-7401 of the Illinois Vehicle
146	146	16 Code. The Commission may order up to $2,000,000 per year in
147	147	17 Grade Crossing Protection Fund moneys for the improvement of
148	148	18 grade crossing surfaces and up to $300,000 per year for the
149	149	19 maintenance and renewal of 4-quadrant gate vehicle detection
150	150	20 systems located at non-high speed rail grade crossings. In
151	151	21 entering orders for projects for which payments from the Grade
152	152	22 Crossing Protection Fund will be made, the Commission shall
153	153	23 account for expenditures authorized by the orders on a cash
154	154	24 rather than an accrual basis. For purposes of this requirement
155	155	25 an "accrual basis" assumes that the total cost of the project
156	156	26 is expended in the fiscal year in which the order is entered,
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167	167	1 while a "cash basis" allocates the cost of the project among
168	168	2 fiscal years as expenditures are actually made. To meet the
169	169	3 requirements of this subsection, the Illinois Commerce
170	170	4 Commission shall develop annual and 5-year project plans of
171	171	5 rail crossing capital improvements that will be paid for with
172	172	6 moneys from the Grade Crossing Protection Fund. The annual
173	173	7 project plan shall identify projects for the succeeding fiscal
174	174	8 year and the 5-year project plan shall identify projects for
175	175	9 the 5 directly succeeding fiscal years. The Commission shall
176	176	10 submit the annual and 5-year project plans for this Fund to the
177	177	11 Governor, the President of the Senate, the Senate Minority
178	178	12 Leader, the Speaker of the House of Representatives, and the
179	179	13 Minority Leader of the House of Representatives on the first
180	180	14 Wednesday in April of each year;
181	181	15 (d) of the amount remaining after allocations provided for
182	182	16 in subsections (a), (a-1), (b), and (c), a sufficient amount
183	183	17 shall be reserved to pay all of the following:
184	184	18 (1) the costs of the Department of Revenue in
185	185	19 administering this Act;
186	186	20 (2) the costs of the Department of Transportation in
187	187	21 performing its duties imposed by the Illinois Highway Code
188	188	22 for supervising the use of motor fuel tax funds
189	189	23 apportioned to municipalities, counties and road
190	190	24 districts;
191	191	25 (3) refunds provided for in Section 13, refunds for
192	192	26 overpayment of decal fees paid under Section 13a.4 of this
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203	203	1 Act, and refunds provided for under the terms of the
204	204	2 International Fuel Tax Agreement referenced in Section
205	205	3 14a;
206	206	4 (4) from October 1, 1985 until June 30, 1994, the
207	207	5 administration of the Vehicle Emissions Inspection Law,
208	208	6 which amount shall be certified monthly by the
209	209	7 Environmental Protection Agency to the State Comptroller
210	210	8 and shall promptly be transferred by the State Comptroller
211	211	9 and Treasurer from the Motor Fuel Tax Fund to the Vehicle
212	212	10 Inspection Fund, and for the period July 1, 1994 through
213	213	11 June 30, 2000, one-twelfth of $25,000,000 each month, for
214	214	12 the period July 1, 2000 through June 30, 2003, one-twelfth
215	215	13 of $30,000,000 each month, and $15,000,000 on July 1,
216	216	14 2003, and $15,000,000 on January 1, 2004, and $15,000,000
217	217	15 on each July 1 and October 1, or as soon thereafter as may
218	218	16 be practical, during the period July 1, 2004 through June
219	219	17 30, 2012, and $30,000,000 on June 1, 2013, or as soon
220	220	18 thereafter as may be practical, and $15,000,000 on July 1
221	221	19 and October 1, or as soon thereafter as may be practical,
222	222	20 during the period of July 1, 2013 through June 30, 2015,
223	223	21 for the administration of the Vehicle Emissions Inspection
224	224	22 Law of 2005, to be transferred by the State Comptroller
225	225	23 and Treasurer from the Motor Fuel Tax Fund into the
226	226	24 Vehicle Inspection Fund;
227	227	25 (4.5) beginning on July 1, 2019, the costs of the
228	228	26 Environmental Protection Agency for the administration of
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239	239	1 the Vehicle Emissions Inspection Law of 2005 shall be
240	240	2 paid, subject to appropriation, from the Motor Fuel Tax
241	241	3 Fund into the Vehicle Inspection Fund; beginning in 2019,
242	242	4 no later than December 31 of each year, or as soon
243	243	5 thereafter as practical, the State Comptroller shall
244	244	6 direct and the State Treasurer shall transfer from the
245	245	7 Vehicle Inspection Fund to the Motor Fuel Tax Fund any
246	246	8 balance remaining in the Vehicle Inspection Fund in excess
247	247	9 of $2,000,000;
248	248	10 (5) amounts ordered paid by the Court of Claims; and
249	249	11 (6) payment of motor fuel use taxes due to member
250	250	12 jurisdictions under the terms of the International Fuel
251	251	13 Tax Agreement. The Department shall certify these amounts
252	252	14 to the Comptroller by the 15th day of each month; the
253	253	15 Comptroller shall cause orders to be drawn for such
254	254	16 amounts, and the Treasurer shall administer those amounts
255	255	17 on or before the last day of each month;
256	256	18 (e) after allocations for the purposes set forth in
257	257	19 subsections (a), (a-1), (b), (c), and (d), the remaining
258	258	20 amount shall be apportioned as follows:
259	259	21 (1) Until January 1, 2000, 58.4%, and beginning
260	260	22 January 1, 2000, 45.6% shall be deposited as follows:
261	261	23 (A) 37% into the State Construction Account Fund,
262	262	24 and
263	263	25 (B) 63% into the Road Fund, $1,250,000 of which
264	264	26 shall be reserved each month for the Department of
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275	275	1 Transportation to be used in accordance with the
276	276	2 provisions of Sections 6-901 through 6-906 of the
277	277	3 Illinois Highway Code;
278	278	4 (2) Until January 1, 2000, 41.6%, and beginning
279	279	5 January 1, 2000, 54.4% shall be transferred to the
280	280	6 Department of Transportation to be distributed as follows:
281	281	7 (A) 49.10% to the municipalities of the State,
282	282	8 (B) 16.74% to the counties of the State having
283	283	9 1,000,000 or more inhabitants,
284	284	10 (C) 18.27% to the counties of the State having
285	285	11 less than 1,000,000 inhabitants,
286	286	12 (D) 15.89% to the road districts of the State.
287	287	13 If a township is dissolved under Article 24 of the
288	288	14 Township Code, the county in which the township lies
289	289	15 McHenry County shall receive any moneys that would have
290	290	16 been distributed to the township under this subparagraph,
291	291	17 except that a municipality that assumes the powers and
292	292	18 responsibilities of a road district under paragraph (6) of
293	293	19 Section 24-35 of the Township Code shall receive any
294	294	20 moneys that would have been distributed to the township in
295	295	21 a percent equal to the area of the dissolved road district
296	296	22 or portion of the dissolved road district over which the
297	297	23 municipality assumed the powers and responsibilities
298	298	24 compared to the total area of the dissolved township. The
299	299	25 moneys received under this subparagraph shall be used in
300	300	26 the geographic area of the dissolved township. If a
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311	311	1 township is reconstituted as provided under Section 24-45
312	312	2 of the Township Code, McHenry County or a municipality
313	313	3 shall no longer be distributed moneys under this
314	314	4 subparagraph.
315	315	5 As soon as may be after the first day of each month, the
316	316	6 Department of Transportation shall allot to each municipality
317	317	7 its share of the amount apportioned to the several
318	318	8 municipalities which shall be in proportion to the population
319	319	9 of such municipalities as determined by the last preceding
320	320	10 municipal census if conducted by the Federal Government or
321	321	11 Federal census. If territory is annexed to any municipality
322	322	12 subsequent to the time of the last preceding census the
323	323	13 corporate authorities of such municipality may cause a census
324	324	14 to be taken of such annexed territory and the population so
325	325	15 ascertained for such territory shall be added to the
326	326	16 population of the municipality as determined by the last
327	327	17 preceding census for the purpose of determining the allotment
328	328	18 for that municipality. If the population of any municipality
329	329	19 was not determined by the last Federal census preceding any
330	330	20 apportionment, the apportionment to such municipality shall be
331	331	21 in accordance with any census taken by such municipality. Any
332	332	22 municipal census used in accordance with this Section shall be
333	333	23 certified to the Department of Transportation by the clerk of
334	334	24 such municipality, and the accuracy thereof shall be subject
335	335	25 to approval of the Department which may make such corrections
336	336	26 as it ascertains to be necessary.
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347	347	1 As soon as may be after the first day of each month, the
348	348	2 Department of Transportation shall allot to each county its
349	349	3 share of the amount apportioned to the several counties of the
350	350	4 State as herein provided. Each allotment to the several
351	351	5 counties having less than 1,000,000 inhabitants shall be in
352	352	6 proportion to the amount of motor vehicle license fees
353	353	7 received from the residents of such counties, respectively,
354	354	8 during the preceding calendar year. The Secretary of State
355	355	9 shall, on or before April 15 of each year, transmit to the
356	356	10 Department of Transportation a full and complete report
357	357	11 showing the amount of motor vehicle license fees received from
358	358	12 the residents of each county, respectively, during the
359	359	13 preceding calendar year. The Department of Transportation
360	360	14 shall, each month, use for allotment purposes the last such
361	361	15 report received from the Secretary of State.
362	362	16 As soon as may be after the first day of each month, the
363	363	17 Department of Transportation shall allot to the several
364	364	18 counties their share of the amount apportioned for the use of
365	365	19 road districts. The allotment shall be apportioned among the
366	366	20 several counties in the State in the proportion which the
367	367	21 total mileage of township or district roads in the respective
368	368	22 counties bears to the total mileage of all township and
369	369	23 district roads in the State. Funds allotted to the respective
370	370	24 counties for the use of road districts therein shall be
371	371	25 allocated to the several road districts in the county in the
372	372	26 proportion which the total mileage of such township or
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383	383	1 district roads in the respective road districts bears to the
384	384	2 total mileage of all such township or district roads in the
385	385	3 county. After July 1 of any year prior to 2011, no allocation
386	386	4 shall be made for any road district unless it levied a tax for
387	387	5 road and bridge purposes in an amount which will require the
388	388	6 extension of such tax against the taxable property in any such
389	389	7 road district at a rate of not less than either .08% of the
390	390	8 value thereof, based upon the assessment for the year
391	391	9 immediately prior to the year in which such tax was levied and
392	392	10 as equalized by the Department of Revenue or, in DuPage
393	393	11 County, an amount equal to or greater than $12,000 per mile of
394	394	12 road under the jurisdiction of the road district, whichever is
395	395	13 less. Beginning July 1, 2011 and each July 1 thereafter, an
396	396	14 allocation shall be made for any road district if it levied a
397	397	15 tax for road and bridge purposes. In counties other than
398	398	16 DuPage County, if the amount of the tax levy requires the
399	399	17 extension of the tax against the taxable property in the road
400	400	18 district at a rate that is less than 0.08% of the value
401	401	19 thereof, based upon the assessment for the year immediately
402	402	20 prior to the year in which the tax was levied and as equalized
403	403	21 by the Department of Revenue, then the amount of the
404	404	22 allocation for that road district shall be a percentage of the
405	405	23 maximum allocation equal to the percentage obtained by
406	406	24 dividing the rate extended by the district by 0.08%. In DuPage
407	407	25 County, if the amount of the tax levy requires the extension of
408	408	26 the tax against the taxable property in the road district at a
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419	419	1 rate that is less than the lesser of (i) 0.08% of the value of
420	420	2 the taxable property in the road district, based upon the
421	421	3 assessment for the year immediately prior to the year in which
422	422	4 such tax was levied and as equalized by the Department of
423	423	5 Revenue, or (ii) a rate that will yield an amount equal to
424	424	6 $12,000 per mile of road under the jurisdiction of the road
425	425	7 district, then the amount of the allocation for the road
426	426	8 district shall be a percentage of the maximum allocation equal
427	427	9 to the percentage obtained by dividing the rate extended by
428	428	10 the district by the lesser of (i) 0.08% or (ii) the rate that
429	429	11 will yield an amount equal to $12,000 per mile of road under
430	430	12 the jurisdiction of the road district.
431	431	13 Prior to 2011, if any road district has levied a special
432	432	14 tax for road purposes pursuant to Sections 6-601, 6-602, and
433	433	15 6-603 of the Illinois Highway Code, and such tax was levied in
434	434	16 an amount which would require extension at a rate of not less
435	435	17 than .08% of the value of the taxable property thereof, as
436	436	18 equalized or assessed by the Department of Revenue, or, in
437	437	19 DuPage County, an amount equal to or greater than $12,000 per
438	438	20 mile of road under the jurisdiction of the road district,
439	439	21 whichever is less, such levy shall, however, be deemed a
440	440	22 proper compliance with this Section and shall qualify such
441	441	23 road district for an allotment under this Section. Beginning
442	442	24 in 2011 and thereafter, if any road district has levied a
443	443	25 special tax for road purposes under Sections 6-601, 6-602, and
444	444	26 6-603 of the Illinois Highway Code, and the tax was levied in
445	445
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455	455	1 an amount that would require extension at a rate of not less
456	456	2 than 0.08% of the value of the taxable property of that road
457	457	3 district, as equalized or assessed by the Department of
458	458	4 Revenue or, in DuPage County, an amount equal to or greater
459	459	5 than $12,000 per mile of road under the jurisdiction of the
460	460	6 road district, whichever is less, that levy shall be deemed a
461	461	7 proper compliance with this Section and shall qualify such
462	462	8 road district for a full, rather than proportionate, allotment
463	463	9 under this Section. If the levy for the special tax is less
464	464	10 than 0.08% of the value of the taxable property, or, in DuPage
465	465	11 County if the levy for the special tax is less than the lesser
466	466	12 of (i) 0.08% or (ii) $12,000 per mile of road under the
467	467	13 jurisdiction of the road district, and if the levy for the
468	468	14 special tax is more than any other levy for road and bridge
469	469	15 purposes, then the levy for the special tax qualifies the road
470	470	16 district for a proportionate, rather than full, allotment
471	471	17 under this Section. If the levy for the special tax is equal to
472	472	18 or less than any other levy for road and bridge purposes, then
473	473	19 any allotment under this Section shall be determined by the
474	474	20 other levy for road and bridge purposes.
475	475	21 Prior to 2011, if a township has transferred to the road
476	476	22 and bridge fund money which, when added to the amount of any
477	477	23 tax levy of the road district would be the equivalent of a tax
478	478	24 levy requiring extension at a rate of at least .08%, or, in
479	479	25 DuPage County, an amount equal to or greater than $12,000 per
480	480	26 mile of road under the jurisdiction of the road district,
481	481
482	482
483	483
484	484
485	485
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487	487
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491	491	1 whichever is less, such transfer, together with any such tax
492	492	2 levy, shall be deemed a proper compliance with this Section
493	493	3 and shall qualify the road district for an allotment under
494	494	4 this Section.
495	495	5 In counties in which a property tax extension limitation
496	496	6 is imposed under the Property Tax Extension Limitation Law,
497	497	7 road districts may retain their entitlement to a motor fuel
498	498	8 tax allotment or, beginning in 2011, their entitlement to a
499	499	9 full allotment if, at the time the property tax extension
500	500	10 limitation was imposed, the road district was levying a road
501	501	11 and bridge tax at a rate sufficient to entitle it to a motor
502	502	12 fuel tax allotment and continues to levy the maximum allowable
503	503	13 amount after the imposition of the property tax extension
504	504	14 limitation. Any road district may in all circumstances retain
505	505	15 its entitlement to a motor fuel tax allotment or, beginning in
506	506	16 2011, its entitlement to a full allotment if it levied a road
507	507	17 and bridge tax in an amount that will require the extension of
508	508	18 the tax against the taxable property in the road district at a
509	509	19 rate of not less than 0.08% of the assessed value of the
510	510	20 property, based upon the assessment for the year immediately
511	511	21 preceding the year in which the tax was levied and as equalized
512	512	22 by the Department of Revenue or, in DuPage County, an amount
513	513	23 equal to or greater than $12,000 per mile of road under the
514	514	24 jurisdiction of the road district, whichever is less.
515	515	25 As used in this Section, the term "road district" means
516	516	26 any road district, including a county unit road district,
517	517
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527	527	1 provided for by the Illinois Highway Code; and the term
528	528	2 "township or district road" means any road in the township and
529	529	3 district road system as defined in the Illinois Highway Code.
530	530	4 For the purposes of this Section, "township or district road"
531	531	5 also includes such roads as are maintained by park districts,
532	532	6 forest preserve districts and conservation districts. The
533	533	7 Department of Transportation shall determine the mileage of
534	534	8 all township and district roads for the purposes of making
535	535	9 allotments and allocations of motor fuel tax funds for use in
536	536	10 road districts.
537	537	11 Payment of motor fuel tax moneys to municipalities and
538	538	12 counties shall be made as soon as possible after the allotment
539	539	13 is made. The treasurer of the municipality or county may
540	540	14 invest these funds until their use is required and the
541	541	15 interest earned by these investments shall be limited to the
542	542	16 same uses as the principal funds.
543	543	17 (Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21;
544	544	18 102-699, eff. 4-19-22; 103-8, eff. 6-7-23.)
545	545	19 Section 10. The Counties Code is amended by changing and
546	546	20 renumbering Section 5-1185, as added by Public Act 101-230, as
547	547	21 follows:
548	548	22 (55 ILCS 5/5-1185)
549	549	23 Sec. 5-1185. Dissolution of townships in McHenry County.
550	550	24 If a township in McHenry County dissolves as provided in
551	551
552	552
553	553
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555	555
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561	561	1 Article 24 of the Township Code, the county McHenry County
562	562	2 shall assume the powers, duties, and obligations of each
563	563	3 dissolved township as provided in Article 24 of the Township
564	564	4 Code.
565	565	5 (Source: P.A. 101-230, eff. 8-9-19; 102-558, eff. 8-20-21.)
566	566	6 Section 15. The Township Code is amended by changing the
567	567	7 heading of Article 24 and Sections 24-10, 24-15, 24-20, 24-30,
568	568	8 and 24-35 as follows:
569	569	9 (60 ILCS 1/Art. 24 heading)
570	570	10 ARTICLE 24. DISSOLUTION OF
571	571	11 TOWNSHIPS IN MCHENRY COUNTY
572	572	12 (Source: P.A. 101-230, eff. 8-9-19.)
573	573	13 (60 ILCS 1/24-10)
574	574	14 Sec. 24-10. Definition. As used in this Article,
575	575	15 "electors" means the registered voters of any single township
576	576	16 in a county under township organization McHenry County.
577	577	17 (Source: P.A. 101-230, eff. 8-9-19.)
578	578	18 (60 ILCS 1/24-15)
579	579	19 Sec. 24-15. Dissolving a township in McHenry County. By
580	580	20 resolution, the board of trustees of a any township located in
581	581	21 McHenry County may submit a proposition to dissolve the
582	582	22 township to the electors of that township at the election next
583	583
584	584
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593	593	1 following in accordance with the general election law. The
594	594	2 ballot shall be as provided for in Section 24-30.
595	595	3 (Source: P.A. 101-230, eff. 8-9-19.)
596	596	4 (60 ILCS 1/24-20)
597	597	5 Sec. 24-20. Petition requirements; notice.
598	598	6 (a) Subject to the petition requirements of Section 28-3
599	599	7 of the Election Code, petitions for a referendum to dissolve a
600	600	8 township located in McHenry County must be filed with the
601	601	9 governing board of the township, the county board of McHenry
602	602	10 County, and the county clerk McHenry County Clerk not less
603	603	11 than 122 days prior to any election held throughout the
604	604	12 township. Petitions must include:
605	605	13 (1) the name of the dissolving township;
606	606	14 (2) the date of dissolution; and
607	607	15 (3) signatures of a number of electors as follows: (A)
608	608	16 for any township, the number of signatures shall be the
609	609	17 larger of (i) 5% of the total ballots cast in the township
610	610	18 in the immediately preceding election that is of an
611	611	19 election type comparable to the election for which the
612	612	20 petition is being filed, or (ii) 250 signatures. All
613	613	21 signatures gathered under this paragraph (3) must be
614	614	22 signed within 180 days prior to the filing of a petition.
615	615	23 (b) The proposed date of dissolution shall be at least 90
616	616	24 days after the date of the election at which the referendum is
617	617	25 to be voted upon.
618	618
619	619
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628	628	1 (c) If a valid petition is filed under subsection (a),
629	629	2 then the county clerk McHenry County Clerk shall, by
630	630	3 publication in one or more newspapers of general circulation
631	631	4 within the county and on the county's website, not less than 90
632	632	5 days prior to the election at which the referendum is to be
633	633	6 voted on, give notice in substantially the following form:
634	634	7 NOTICE OF PETITION TO DISSOLVE (dissolving township).
635	635	8 Residents of (dissolving township) and (county) McHenry
636	636	9 County are notified that a petition has been filed with
637	637	10 (dissolving township) and (county) McHenry County
638	638	11 requesting a referendum to dissolve (dissolving township)
639	639	12 on (date of dissolution) with all real and personal
640	640	13 property, and any other assets, together with all
641	641	14 personnel, contractual obligations, and liabilities being
642	642	15 transferred to (county) McHenry County.
643	643	16 (Source: P.A. 101-230, eff. 8-9-19.)
644	644	17 (60 ILCS 1/24-30)
645	645	18 Sec. 24-30. Referendum; voting.
646	646	19 (a) Subject to the requirements of Section 16-7 of the
647	647	20 Election Code, the referendum described in Section 24-25 shall
648	648	21 be in substantially the following form on the ballot:
649	649	22 --------
650	650	23 Shall the (dissolving
651	651	24 township), together with any road
652	652
653	653
654	654
655	655
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662	662	1 districts wholly within the YES
663	663	2 boundaries of (dissolving
664	664	3 township), be dissolved on (date --------------
665	665	4 of dissolution) with all of
666	666	5 the township and road district
667	667	6 property, assets, personnel, NO
668	668	7 obligations, and liabilities being
669	669	8 transferred to (county) McHenry County?
670	670	9 -------------------------------------------------------------
671	671	10 (b) The referendum is approved when a majority of those
672	672	11 voting in the election from the dissolving township approve
673	673	12 the referendum.
674	674	13 (Source: P.A. 101-230, eff. 8-9-19.)
675	675	14 (60 ILCS 1/24-35)
676	676	15 Sec. 24-35. Dissolution; transfer of rights and duties.
677	677	16 When the dissolution of a township has been approved under
678	678	17 Section 24-30:
679	679	18 (1) On or before the date of dissolution, all real and
680	680	19 personal property, and any other assets, together with all
681	681	20 personnel, contractual obligations, and liabilities of the
682	682	21 dissolving township and road districts wholly within the
683	683	22 boundaries of the dissolving township shall be transferred
684	684	23 to the county McHenry County. All funds of the dissolved
685	685	24 township and dissolved road districts shall be used solely
686	686	25 on behalf of the residents of the geographic area within
687	687
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689	689
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697	697	1 the boundaries of the dissolved township.
698	698	2 After the transfer of property to the county under
699	699	3 this paragraph, all park land, cemetery land, buildings,
700	700	4 and facilities within the geographic area of the
701	701	5 dissolving township must be utilized for the primary
702	702	6 benefit of the geographic area of the dissolving township.
703	703	7 Proceeds from the sale of the park land, cemetery land,
704	704	8 buildings, or facilities after transfer to the county must
705	705	9 be utilized for the sole benefit of the geographic area of
706	706	10 the dissolved township.
707	707	11 (2) On the date of dissolution, the dissolving
708	708	12 township is dissolved.
709	709	13 (3) On and after the date of dissolution, all rights
710	710	14 and duties of the dissolved township may be exercised by
711	711	15 the county board McHenry County Board solely on behalf of
712	712	16 the residents of the geographic area within the boundaries
713	713	17 of the dissolved township. The duties that may be
714	714	18 exercised by the county include, but are not limited to,
715	715	19 the administration of a dissolved township's general
716	716	20 assistance program, maintenance and operation of a
717	717	21 dissolved township's cemeteries, and the county assessor
718	718	22 or county supervisor of assessments Chief County
719	719	23 Assessment officer of McHenry County exercising the duties
720	720	24 of the township assessor.
721	721	25 (4) The county board McHenry County Board shall not
722	722	26 extend a property tax levy that is greater than 90% of the
723	723
724	724
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733	733	1 property tax levy extended by the dissolved township or
734	734	2 road districts for the duties taken on by the county
735	735	3 McHenry County. This property tax levy may not be extended
736	736	4 outside the boundaries of the dissolved township. In all
737	737	5 subsequent years, this levy shall be bound by the
738	738	6 provisions of the Property Tax Extension Limitation Law.
739	739	7 A tax levy extended under this paragraph may be used
740	740	8 for the purposes allowed by the statute authorizing the
741	741	9 tax levy or to pay liabilities of the dissolved township
742	742	10 or dissolved road districts that were transferred to the
743	743	11 county under paragraph (1). The taxpayers within the
744	744	12 boundaries of the dissolved township are responsible to
745	745	13 pay any liabilities transferred to the county: the county
746	746	14 shall reduce spending within the boundaries of the former
747	747	15 township in the amount necessary to pay off any
748	748	16 liabilities transferred to the county under paragraph (1)
749	749	17 that are not covered by the assets enumerated in paragraph
750	750	18 (1) or taxes under this paragraph.
751	751	19 (5) All road districts wholly within the boundaries of
752	752	20 the dissolving township are dissolved on the date of
753	753	21 dissolution of the dissolving township, and all powers and
754	754	22 responsibilities of each road district are transferred to
755	755	23 the county McHenry County except as provided in paragraph
756	756	24 (6).
757	757	25 (6) The county board of McHenry County shall give
758	758	26 written notice to each municipality whose governing board
759	759
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769	769	1 meets within the boundaries of a dissolving township that
770	770	2 the municipality may make an offer, on or before 60 days
771	771	3 after the date of dissolution of the dissolving township,
772	772	4 that the municipality will assume all of the powers and
773	773	5 responsibilities of a road district or road districts
774	774	6 wholly inside the dissolving township. The notice shall be
775	775	7 sent to each municipality on or before 30 days after the
776	776	8 date of dissolution of the township. Any eligible
777	777	9 municipality may, with consent of its governing board,
778	778	10 make an offer to assume all of the powers and
779	779	11 responsibilities of the dissolving township's road
780	780	12 district or road districts. A municipality may offer to
781	781	13 assume the powers and responsibilities only for a limited
782	782	14 period of time. If one or more offers are received by the
783	783	15 county McHenry County on or before 60 days after the date
784	784	16 of dissolution of the dissolving township, the county
785	785	17 board of McHenry County shall select the best offer or
786	786	18 offers that the board determines would be in the best
787	787	19 interest and welfare of the affected resident population.
788	788	20 If no municipality makes an offer or if no satisfactory
789	789	21 offer is made, the powers and duties of the dissolving
790	790	22 township's road district or road districts are retained by
791	791	23 the county McHenry County. The municipality that assumes
792	792	24 the powers and duties of the dissolving township's road
793	793	25 district or road districts shall not extend a road
794	794	26 district property tax levy under Division 5 of Article 6
795	795
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805	805	1 of the Illinois Highway Code that is greater than 90% of
806	806	2 the road district property tax levy that was extended by
807	807	3 the county on behalf of the dissolving township's road
808	808	4 district or road districts for the duties taken on by the
809	809	5 municipality.
810	810	6 (7) On the date of dissolution of the township or road
811	811	7 district, elected and appointed township officers and road
812	812	8 commissioners shall cease to hold office. An elected or
813	813	9 appointed township official or township road commissioner
814	814	10 shall not be compensated for any other duties performed
815	815	11 after the dissolution of the township or road district
816	816	12 that they represented. An elected township official or
817	817	13 township road commissioner shall not have legal recourse
818	818	14 relating to the ceasing of their elected or appointed
819	819	15 positions upon the ceasing of their position.
820	820	16 (Source: P.A. 101-230, eff. 8-9-19.)
821	821	17 Section 20. The Illinois Highway Code is amended by
822	822	18 changing Section 6-140 as follows:
823	823	19 (605 ILCS 5/6-140)
824	824	20 Sec. 6-140. Abolishing a township road district within
825	825	21 Lake County or McHenry County with less than 15 miles of roads.
826	826	22 A Any township in Lake County or McHenry County shall abolish a
827	827	23 road district of that township if the roads of the road
828	828	24 district are less than 15 centerline miles in length, as
829	829
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839	839	1 determined by the county engineer or county superintendent of
840	840	2 highways. A road district is abolished on the expiration of
841	841	3 the term of office of the highway commissioner of the road
842	842	4 district facing abolition following the determination by the
843	843	5 county engineer or county superintendent of highways of the
844	844	6 length, in centerline mileage, of the roads within the road
845	845	7 district to be abolished.
846	846	8 On the date of abolition: all the rights, powers, duties,
847	847	9 assets, property, liabilities, obligations, and
848	848	10 responsibilities of the road district shall by operation of
849	849	11 law vest in and be assumed by the township; the township board
850	850	12 of trustees shall assume all taxing authority of a road
851	851	13 district abolished under this Section and shall exercise all
852	852	14 duties and responsibilities of the highway commissioner as
853	853	15 provided in this Code; and for purposes of distribution of
854	854	16 revenue, the township shall assume the powers, duties, and
855	855	17 obligations of the road district. The township board of
856	856	18 trustees may enter into a contract with the county, a
857	857	19 municipality, or a private contractor to administer the roads
858	858	20 added to its jurisdiction under this Section.
859	859	21 (Source: P.A. 101-230, eff. 8-9-19.)
860	860	22 (605 ILCS 5/6-135 rep.)
861	861	23 Section 25. The Illinois Highway Code is amended by
862	862	24 repealing Section 6-135.
863	863	25 Section 99. Effective date. This Act takes effect upon
864	864
865	865
866	866
867	867
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