Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2504 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2504 Introduced 2/7/2025, by Sen. Suzy Glowiak Hilton SYNOPSIS AS INTRODUCED: See Index Amends the Property Tax Code. Provides that, in counties with a population of less than 50,000, the offices of township assessor and multi-township assessor are abolished upon the expiration of the term of a township assessor or multi-township assessor. Provides that the county assessor in a county with a population of less than 50,000 shall assume all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of township assessors or multi-township assessors within the county. 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. Provides that, upon petition of at least 5% of the voters in the township election immediately preceding the petition, the township board and corporate authorities of the municipality shall certify the question to the election authority and the authority shall cause to be submitted to the voters of the township and municipality at the next election a referendum to discontinue the township and to transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township to the municipality. Provides that, upon petition of at least 5% of the voters in the township election immediately preceding the petition in each adjacent township subject to proposed consolidation, each township board shall certify and cause to be submitted to the voters of the township, at the next election or consolidated election, a proposition to consolidate the existing townships. Amends the Counties Code and the Motor Fuel Tax Law making conforming changes. LRB104 12238 RTM 22345 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2504 Introduced 2/7/2025, by Sen. Suzy Glowiak Hilton SYNOPSIS AS INTRODUCED: See Index See Index Amends the Property Tax Code. Provides that, in counties with a population of less than 50,000, the offices of township assessor and multi-township assessor are abolished upon the expiration of the term of a township assessor or multi-township assessor. Provides that the county assessor in a county with a population of less than 50,000 shall assume all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of township assessors or multi-township assessors within the county. 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. Provides that, upon petition of at least 5% of the voters in the township election immediately preceding the petition, the township board and corporate authorities of the municipality shall certify the question to the election authority and the authority shall cause to be submitted to the voters of the township and municipality at the next election a referendum to discontinue the township and to transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township to the municipality. Provides that, upon petition of at least 5% of the voters in the township election immediately preceding the petition in each adjacent township subject to proposed consolidation, each township board shall certify and cause to be submitted to the voters of the township, at the next election or consolidated election, a proposition to consolidate the existing townships. Amends the Counties Code and the Motor Fuel Tax Law making conforming changes. LRB104 12238 RTM 22345 b LRB104 12238 RTM 22345 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2504 Introduced 2/7/2025, by Sen. Suzy Glowiak Hilton SYNOPSIS AS INTRODUCED:
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55 Amends the Property Tax Code. Provides that, in counties with a population of less than 50,000, the offices of township assessor and multi-township assessor are abolished upon the expiration of the term of a township assessor or multi-township assessor. Provides that the county assessor in a county with a population of less than 50,000 shall assume all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of township assessors or multi-township assessors within the county. 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. Provides that, upon petition of at least 5% of the voters in the township election immediately preceding the petition, the township board and corporate authorities of the municipality shall certify the question to the election authority and the authority shall cause to be submitted to the voters of the township and municipality at the next election a referendum to discontinue the township and to transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township to the municipality. Provides that, upon petition of at least 5% of the voters in the township election immediately preceding the petition in each adjacent township subject to proposed consolidation, each township board shall certify and cause to be submitted to the voters of the township, at the next election or consolidated election, a proposition to consolidate the existing townships. Amends the Counties Code and the Motor Fuel Tax Law making conforming changes.
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1111 1 AN ACT concerning local government.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Property Tax Code is amended by adding
1515 5 Section 2-85 as follows:
1616 6 (35 ILCS 200/2-85 new)
1717 7 Sec. 2-85. Counties with a population of less than 50,000.
1818 8 (a) In counties with a population of less than 50,000, the
1919 9 offices of township assessor and multi-township assessor are
2020 10 abolished upon the expiration of the term of a township
2121 11 assessor or multi-township assessor.
2222 12 (b) The county assessor in a county with a population of
2323 13 less than 50,000 shall assume all the rights, powers, duties,
2424 14 assets, property, liabilities, obligations, and
2525 15 responsibilities of township assessors or multi-township
2626 16 assessors within the county.
2727 17 (c) No later than the beginning of December of the year
2828 18 immediately preceding the year the offices are abolished, the
2929 19 township assessor and multi-township assessors in a county
3030 20 with a population of less than 50,000 shall deliver all public
3131 21 records, as defined in the Local Records Act, relating to the
3232 22 assessment of the township to the county assessor. The
3333 23 township supervisors within the county shall transfer to the
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2504 Introduced 2/7/2025, by Sen. Suzy Glowiak Hilton SYNOPSIS AS INTRODUCED:
3838 See Index See Index
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4040 Amends the Property Tax Code. Provides that, in counties with a population of less than 50,000, the offices of township assessor and multi-township assessor are abolished upon the expiration of the term of a township assessor or multi-township assessor. Provides that the county assessor in a county with a population of less than 50,000 shall assume all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of township assessors or multi-township assessors within the county. 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. Provides that, upon petition of at least 5% of the voters in the township election immediately preceding the petition, the township board and corporate authorities of the municipality shall certify the question to the election authority and the authority shall cause to be submitted to the voters of the township and municipality at the next election a referendum to discontinue the township and to transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township to the municipality. Provides that, upon petition of at least 5% of the voters in the township election immediately preceding the petition in each adjacent township subject to proposed consolidation, each township board shall certify and cause to be submitted to the voters of the township, at the next election or consolidated election, a proposition to consolidate the existing townships. Amends the Counties Code and the Motor Fuel Tax Law making conforming changes.
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6868 1 county treasurer all funds relating to or budgeted for
6969 2 purposes of township assessments. All accounts or tax moneys
7070 3 for township assessment shall be paid to the county assessor
7171 4 on or before the date the township assessor or multi-township
7272 5 assessor is abolished.
7373 6 Section 10. The Motor Fuel Tax Law is amended by changing
7474 7 Section 8 as follows:
7575 8 (35 ILCS 505/8) (from Ch. 120, par. 424)
7676 9 Sec. 8. Distribution of proceeds of tax. Except as
7777 10 provided in subsection (a-1) of this Section, Section 8a,
7878 11 subdivision (h)(1) of Section 12a, Section 13a.6, and items
7979 12 13, 14, 15, and 16 of Section 15, all money received by the
8080 13 Department under this Act, including payments made to the
8181 14 Department by member jurisdictions participating in the
8282 15 International Fuel Tax Agreement, shall be deposited into a
8383 16 special fund in the State treasury, to be known as the Motor
8484 17 Fuel Tax Fund, and shall be used as follows:
8585 18 (a) 2 1/2 cents per gallon of the tax collected on special
8686 19 fuel under paragraph (b) of Section 2 and Section 13a of this
8787 20 Act shall be transferred to the State Construction Account
8888 21 Fund in the State Treasury; the remainder of the tax collected
8989 22 on special fuel under paragraph (b) of Section 2 and Section
9090 23 13a of this Act shall be deposited into the Road Fund;
9191 24 (a-1) Beginning on July 1, 2019, an amount equal to the
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102102 1 amount of tax collected under subsection (a) of Section 2 and
103103 2 Section 13a as a result of the increase in the tax rate under
104104 3 subsection (a) of Section 2 authorized by Public Act 101-32
105105 4 shall be deposited each month into the Transportation Renewal
106106 5 Fund; provided, however, that the amount that represents the
107107 6 part (b) portion of the rate under Section 13a shall be
108108 7 deposited each month into the Motor Fuel Tax Fund and the
109109 8 Transportation Renewal Fund in the same proportion as the
110110 9 amount collected under subsection (a) of Section 2;
111111 10 (b) $420,000 shall be transferred each month to the State
112112 11 Boating Act Fund to be used by the Department of Natural
113113 12 Resources for the purposes specified in Article X of the Boat
114114 13 Registration and Safety Act;
115115 14 (c) $3,500,000 shall be transferred each month to the
116116 15 Grade Crossing Protection Fund to be used as follows: not less
117117 16 than $12,000,000 each fiscal year shall be used for the
118118 17 construction or reconstruction of rail highway grade
119119 18 separation structures; $5,500,000 in fiscal year 2022 and each
120120 19 fiscal year thereafter shall be transferred to the
121121 20 Transportation Regulatory Fund and shall be used to pay the
122122 21 cost of administration of the Illinois Commerce Commission's
123123 22 railroad safety program in connection with its duties under
124124 23 subsection (3) of Section 18c-7401 of the Illinois Vehicle
125125 24 Code, with the remainder to be used by the Department of
126126 25 Transportation upon order of the Illinois Commerce Commission,
127127 26 to pay that part of the cost apportioned by such Commission to
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138138 1 the State to cover the interest of the public in the use of
139139 2 highways, roads, streets, or pedestrian walkways in the county
140140 3 highway system, township and district road system, or
141141 4 municipal street system as defined in the Illinois Highway
142142 5 Code, as the same may from time to time be amended, for
143143 6 separation of grades, for installation, construction or
144144 7 reconstruction of crossing protection or reconstruction,
145145 8 alteration, relocation including construction or improvement
146146 9 of any existing highway necessary for access to property or
147147 10 improvement of any grade crossing and grade crossing surface
148148 11 including the necessary highway approaches thereto of any
149149 12 railroad across the highway or public road, or for the
150150 13 installation, construction, reconstruction, or maintenance of
151151 14 safety treatments to deter trespassing or a pedestrian walkway
152152 15 over or under a railroad right-of-way, as provided for in and
153153 16 in accordance with Section 18c-7401 of the Illinois Vehicle
154154 17 Code. The Commission may order up to $2,000,000 per year in
155155 18 Grade Crossing Protection Fund moneys for the improvement of
156156 19 grade crossing surfaces and up to $300,000 per year for the
157157 20 maintenance and renewal of 4-quadrant gate vehicle detection
158158 21 systems located at non-high speed rail grade crossings. In
159159 22 entering orders for projects for which payments from the Grade
160160 23 Crossing Protection Fund will be made, the Commission shall
161161 24 account for expenditures authorized by the orders on a cash
162162 25 rather than an accrual basis. For purposes of this requirement
163163 26 an "accrual basis" assumes that the total cost of the project
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174174 1 is expended in the fiscal year in which the order is entered,
175175 2 while a "cash basis" allocates the cost of the project among
176176 3 fiscal years as expenditures are actually made. To meet the
177177 4 requirements of this subsection, the Illinois Commerce
178178 5 Commission shall develop annual and 5-year project plans of
179179 6 rail crossing capital improvements that will be paid for with
180180 7 moneys from the Grade Crossing Protection Fund. The annual
181181 8 project plan shall identify projects for the succeeding fiscal
182182 9 year and the 5-year project plan shall identify projects for
183183 10 the 5 directly succeeding fiscal years. The Commission shall
184184 11 submit the annual and 5-year project plans for this Fund to the
185185 12 Governor, the President of the Senate, the Senate Minority
186186 13 Leader, the Speaker of the House of Representatives, and the
187187 14 Minority Leader of the House of Representatives on the first
188188 15 Wednesday in April of each year;
189189 16 (d) of the amount remaining after allocations provided for
190190 17 in subsections (a), (a-1), (b), and (c), a sufficient amount
191191 18 shall be reserved to pay all of the following:
192192 19 (1) the costs of the Department of Revenue in
193193 20 administering this Act;
194194 21 (2) the costs of the Department of Transportation in
195195 22 performing its duties imposed by the Illinois Highway Code
196196 23 for supervising the use of motor fuel tax funds
197197 24 apportioned to municipalities, counties and road
198198 25 districts;
199199 26 (3) refunds provided for in Section 13, refunds for
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210210 1 overpayment of decal fees paid under Section 13a.4 of this
211211 2 Act, and refunds provided for under the terms of the
212212 3 International Fuel Tax Agreement referenced in Section
213213 4 14a;
214214 5 (4) from October 1, 1985 until June 30, 1994, the
215215 6 administration of the Vehicle Emissions Inspection Law,
216216 7 which amount shall be certified monthly by the
217217 8 Environmental Protection Agency to the State Comptroller
218218 9 and shall promptly be transferred by the State Comptroller
219219 10 and Treasurer from the Motor Fuel Tax Fund to the Vehicle
220220 11 Inspection Fund, and for the period July 1, 1994 through
221221 12 June 30, 2000, one-twelfth of $25,000,000 each month, for
222222 13 the period July 1, 2000 through June 30, 2003, one-twelfth
223223 14 of $30,000,000 each month, and $15,000,000 on July 1,
224224 15 2003, and $15,000,000 on January 1, 2004, and $15,000,000
225225 16 on each July 1 and October 1, or as soon thereafter as may
226226 17 be practical, during the period July 1, 2004 through June
227227 18 30, 2012, and $30,000,000 on June 1, 2013, or as soon
228228 19 thereafter as may be practical, and $15,000,000 on July 1
229229 20 and October 1, or as soon thereafter as may be practical,
230230 21 during the period of July 1, 2013 through June 30, 2015,
231231 22 for the administration of the Vehicle Emissions Inspection
232232 23 Law of 2005, to be transferred by the State Comptroller
233233 24 and Treasurer from the Motor Fuel Tax Fund into the
234234 25 Vehicle Inspection Fund;
235235 26 (4.5) beginning on July 1, 2019, the costs of the
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246246 1 Environmental Protection Agency for the administration of
247247 2 the Vehicle Emissions Inspection Law of 2005 shall be
248248 3 paid, subject to appropriation, from the Motor Fuel Tax
249249 4 Fund into the Vehicle Inspection Fund; beginning in 2019,
250250 5 no later than December 31 of each year, or as soon
251251 6 thereafter as practical, the State Comptroller shall
252252 7 direct and the State Treasurer shall transfer from the
253253 8 Vehicle Inspection Fund to the Motor Fuel Tax Fund any
254254 9 balance remaining in the Vehicle Inspection Fund in excess
255255 10 of $2,000,000;
256256 11 (5) amounts ordered paid by the Court of Claims; and
257257 12 (6) payment of motor fuel use taxes due to member
258258 13 jurisdictions under the terms of the International Fuel
259259 14 Tax Agreement. The Department shall certify these amounts
260260 15 to the Comptroller by the 15th day of each month; the
261261 16 Comptroller shall cause orders to be drawn for such
262262 17 amounts, and the Treasurer shall administer those amounts
263263 18 on or before the last day of each month;
264264 19 (e) after allocations for the purposes set forth in
265265 20 subsections (a), (a-1), (b), (c), and (d), the remaining
266266 21 amount shall be apportioned as follows:
267267 22 (1) Until January 1, 2000, 58.4%, and beginning
268268 23 January 1, 2000, 45.6% shall be deposited as follows:
269269 24 (A) 37% into the State Construction Account Fund,
270270 25 and
271271 26 (B) 63% into the Road Fund, $1,250,000 of which
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282282 1 shall be reserved each month for the Department of
283283 2 Transportation to be used in accordance with the
284284 3 provisions of Sections 6-901 through 6-906 of the
285285 4 Illinois Highway Code;
286286 5 (2) Until January 1, 2000, 41.6%, and beginning
287287 6 January 1, 2000, 54.4% shall be transferred to the
288288 7 Department of Transportation to be distributed as follows:
289289 8 (A) 49.10% to the municipalities of the State,
290290 9 (B) 16.74% to the counties of the State having
291291 10 1,000,000 or more inhabitants,
292292 11 (C) 18.27% to the counties of the State having
293293 12 less than 1,000,000 inhabitants,
294294 13 (D) 15.89% to the road districts of the State.
295295 14 If a township is dissolved under Article 24 of the
296296 15 Township Code, the county in which the township lies
297297 16 McHenry County shall receive any moneys that would have
298298 17 been distributed to the township under this subparagraph,
299299 18 except that a municipality that assumes the powers and
300300 19 responsibilities of a road district under paragraph (6) of
301301 20 Section 24-35 of the Township Code shall receive any
302302 21 moneys that would have been distributed to the township in
303303 22 a percent equal to the area of the dissolved road district
304304 23 or portion of the dissolved road district over which the
305305 24 municipality assumed the powers and responsibilities
306306 25 compared to the total area of the dissolved township. The
307307 26 moneys received under this subparagraph shall be used in
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318318 1 the geographic area of the dissolved township. If a
319319 2 township is reconstituted as provided under Section 24-45
320320 3 of the Township Code, the county in which the township or a
321321 4 municipality lies McHenry County or a municipality shall
322322 5 no longer be distributed moneys under this subparagraph.
323323 6 As soon as may be after the first day of each month, the
324324 7 Department of Transportation shall allot to each municipality
325325 8 its share of the amount apportioned to the several
326326 9 municipalities which shall be in proportion to the population
327327 10 of such municipalities as determined by the last preceding
328328 11 municipal census if conducted by the Federal Government or
329329 12 Federal census. If territory is annexed to any municipality
330330 13 subsequent to the time of the last preceding census the
331331 14 corporate authorities of such municipality may cause a census
332332 15 to be taken of such annexed territory and the population so
333333 16 ascertained for such territory shall be added to the
334334 17 population of the municipality as determined by the last
335335 18 preceding census for the purpose of determining the allotment
336336 19 for that municipality. If the population of any municipality
337337 20 was not determined by the last Federal census preceding any
338338 21 apportionment, the apportionment to such municipality shall be
339339 22 in accordance with any census taken by such municipality. Any
340340 23 municipal census used in accordance with this Section shall be
341341 24 certified to the Department of Transportation by the clerk of
342342 25 such municipality, and the accuracy thereof shall be subject
343343 26 to approval of the Department which may make such corrections
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354354 1 as it ascertains to be necessary.
355355 2 As soon as may be after the first day of each month, the
356356 3 Department of Transportation shall allot to each county its
357357 4 share of the amount apportioned to the several counties of the
358358 5 State as herein provided. Each allotment to the several
359359 6 counties having less than 1,000,000 inhabitants shall be in
360360 7 proportion to the amount of motor vehicle license fees
361361 8 received from the residents of such counties, respectively,
362362 9 during the preceding calendar year. The Secretary of State
363363 10 shall, on or before April 15 of each year, transmit to the
364364 11 Department of Transportation a full and complete report
365365 12 showing the amount of motor vehicle license fees received from
366366 13 the residents of each county, respectively, during the
367367 14 preceding calendar year. The Department of Transportation
368368 15 shall, each month, use for allotment purposes the last such
369369 16 report received from the Secretary of State.
370370 17 As soon as may be after the first day of each month, the
371371 18 Department of Transportation shall allot to the several
372372 19 counties their share of the amount apportioned for the use of
373373 20 road districts. The allotment shall be apportioned among the
374374 21 several counties in the State in the proportion which the
375375 22 total mileage of township or district roads in the respective
376376 23 counties bears to the total mileage of all township and
377377 24 district roads in the State. Funds allotted to the respective
378378 25 counties for the use of road districts therein shall be
379379 26 allocated to the several road districts in the county in the
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390390 1 proportion which the total mileage of such township or
391391 2 district roads in the respective road districts bears to the
392392 3 total mileage of all such township or district roads in the
393393 4 county. After July 1 of any year prior to 2011, no allocation
394394 5 shall be made for any road district unless it levied a tax for
395395 6 road and bridge purposes in an amount which will require the
396396 7 extension of such tax against the taxable property in any such
397397 8 road district at a rate of not less than either .08% of the
398398 9 value thereof, based upon the assessment for the year
399399 10 immediately prior to the year in which such tax was levied and
400400 11 as equalized by the Department of Revenue or, in DuPage
401401 12 County, an amount equal to or greater than $12,000 per mile of
402402 13 road under the jurisdiction of the road district, whichever is
403403 14 less. Beginning July 1, 2011 and each July 1 thereafter, an
404404 15 allocation shall be made for any road district if it levied a
405405 16 tax for road and bridge purposes. In counties other than
406406 17 DuPage County, if the amount of the tax levy requires the
407407 18 extension of the tax against the taxable property in the road
408408 19 district at a rate that is less than 0.08% of the value
409409 20 thereof, based upon the assessment for the year immediately
410410 21 prior to the year in which the tax was levied and as equalized
411411 22 by the Department of Revenue, then the amount of the
412412 23 allocation for that road district shall be a percentage of the
413413 24 maximum allocation equal to the percentage obtained by
414414 25 dividing the rate extended by the district by 0.08%. In DuPage
415415 26 County, if the amount of the tax levy requires the extension of
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426426 1 the tax against the taxable property in the road district at a
427427 2 rate that is less than the lesser of (i) 0.08% of the value of
428428 3 the taxable property in the road district, based upon the
429429 4 assessment for the year immediately prior to the year in which
430430 5 such tax was levied and as equalized by the Department of
431431 6 Revenue, or (ii) a rate that will yield an amount equal to
432432 7 $12,000 per mile of road under the jurisdiction of the road
433433 8 district, then the amount of the allocation for the road
434434 9 district shall be a percentage of the maximum allocation equal
435435 10 to the percentage obtained by dividing the rate extended by
436436 11 the district by the lesser of (i) 0.08% or (ii) the rate that
437437 12 will yield an amount equal to $12,000 per mile of road under
438438 13 the jurisdiction of the road district.
439439 14 Prior to 2011, if any road district has levied a special
440440 15 tax for road purposes pursuant to Sections 6-601, 6-602, and
441441 16 6-603 of the Illinois Highway Code, and such tax was levied in
442442 17 an amount which would require extension at a rate of not less
443443 18 than .08% of the value of the taxable property thereof, as
444444 19 equalized or assessed by the Department of Revenue, or, in
445445 20 DuPage County, an amount equal to or greater than $12,000 per
446446 21 mile of road under the jurisdiction of the road district,
447447 22 whichever is less, such levy shall, however, be deemed a
448448 23 proper compliance with this Section and shall qualify such
449449 24 road district for an allotment under this Section. Beginning
450450 25 in 2011 and thereafter, if any road district has levied a
451451 26 special tax for road purposes under Sections 6-601, 6-602, and
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462462 1 6-603 of the Illinois Highway Code, and the tax was levied in
463463 2 an amount that would require extension at a rate of not less
464464 3 than 0.08% of the value of the taxable property of that road
465465 4 district, as equalized or assessed by the Department of
466466 5 Revenue or, in DuPage County, an amount equal to or greater
467467 6 than $12,000 per mile of road under the jurisdiction of the
468468 7 road district, whichever is less, that levy shall be deemed a
469469 8 proper compliance with this Section and shall qualify such
470470 9 road district for a full, rather than proportionate, allotment
471471 10 under this Section. If the levy for the special tax is less
472472 11 than 0.08% of the value of the taxable property, or, in DuPage
473473 12 County if the levy for the special tax is less than the lesser
474474 13 of (i) 0.08% or (ii) $12,000 per mile of road under the
475475 14 jurisdiction of the road district, and if the levy for the
476476 15 special tax is more than any other levy for road and bridge
477477 16 purposes, then the levy for the special tax qualifies the road
478478 17 district for a proportionate, rather than full, allotment
479479 18 under this Section. If the levy for the special tax is equal to
480480 19 or less than any other levy for road and bridge purposes, then
481481 20 any allotment under this Section shall be determined by the
482482 21 other levy for road and bridge purposes.
483483 22 Prior to 2011, if a township has transferred to the road
484484 23 and bridge fund money which, when added to the amount of any
485485 24 tax levy of the road district would be the equivalent of a tax
486486 25 levy requiring extension at a rate of at least .08%, or, in
487487 26 DuPage County, an amount equal to or greater than $12,000 per
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498498 1 mile of road under the jurisdiction of the road district,
499499 2 whichever is less, such transfer, together with any such tax
500500 3 levy, shall be deemed a proper compliance with this Section
501501 4 and shall qualify the road district for an allotment under
502502 5 this Section.
503503 6 In counties in which a property tax extension limitation
504504 7 is imposed under the Property Tax Extension Limitation Law,
505505 8 road districts may retain their entitlement to a motor fuel
506506 9 tax allotment or, beginning in 2011, their entitlement to a
507507 10 full allotment if, at the time the property tax extension
508508 11 limitation was imposed, the road district was levying a road
509509 12 and bridge tax at a rate sufficient to entitle it to a motor
510510 13 fuel tax allotment and continues to levy the maximum allowable
511511 14 amount after the imposition of the property tax extension
512512 15 limitation. Any road district may in all circumstances retain
513513 16 its entitlement to a motor fuel tax allotment or, beginning in
514514 17 2011, its entitlement to a full allotment if it levied a road
515515 18 and bridge tax in an amount that will require the extension of
516516 19 the tax against the taxable property in the road district at a
517517 20 rate of not less than 0.08% of the assessed value of the
518518 21 property, based upon the assessment for the year immediately
519519 22 preceding the year in which the tax was levied and as equalized
520520 23 by the Department of Revenue or, in DuPage County, an amount
521521 24 equal to or greater than $12,000 per mile of road under the
522522 25 jurisdiction of the road district, whichever is less.
523523 26 As used in this Section, the term "road district" means
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534534 1 any road district, including a county unit road district,
535535 2 provided for by the Illinois Highway Code; and the term
536536 3 "township or district road" means any road in the township and
537537 4 district road system as defined in the Illinois Highway Code.
538538 5 For the purposes of this Section, "township or district road"
539539 6 also includes such roads as are maintained by park districts,
540540 7 forest preserve districts and conservation districts. The
541541 8 Department of Transportation shall determine the mileage of
542542 9 all township and district roads for the purposes of making
543543 10 allotments and allocations of motor fuel tax funds for use in
544544 11 road districts.
545545 12 Payment of motor fuel tax moneys to municipalities and
546546 13 counties shall be made as soon as possible after the allotment
547547 14 is made. The treasurer of the municipality or county may
548548 15 invest these funds until their use is required and the
549549 16 interest earned by these investments shall be limited to the
550550 17 same uses as the principal funds.
551551 18 (Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21;
552552 19 102-699, eff. 4-19-22; 103-8, eff. 6-7-23.)
553553 20 Section 15. The Counties Code is amended by changing
554554 21 Section 5-1185 as follows:
555555 22 (55 ILCS 5/5-1185)
556556 23 Sec. 5-1185. Dissolution of townships in McHenry County.
557557 24 If a township in McHenry County dissolves as provided in
558558
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568568 1 Article 24 of the Township Code, the county McHenry County
569569 2 shall assume the powers, duties, and obligations of each
570570 3 dissolved township as provided in Article 24 of the Township
571571 4 Code.
572572 5 (Source: P.A. 101-230, eff. 8-9-19; 102-558, eff. 8-20-21.)
573573 6 Section 20. The Township Code is amended by changing the
574574 7 heading of Article 24 and Sections 22-10, 24-10, 24-15, 24-20,
575575 8 24-25, 24-30, 24-35, 25-5, and 29-15 and by adding Section
576576 9 22-5.1 as follows:
577577 10 (60 ILCS 1/22-5.1 new)
578578 11 Sec. 22-5.1. Consolidation Of Multiple Townships
579579 12 Notwithstanding any other provision of law to the contrary,
580580 13 upon petition of at least 5% of the voters in the township
581581 14 election immediately preceding the petition in each adjacent
582582 15 township subject to proposed consolidation, each township
583583 16 board shall certify and cause to be submitted to the voters of
584584 17 the township, at the next election or consolidated election, a
585585 18 proposition to consolidate the existing townships into either:
586586 19 (i) a new township; or (ii) an existing township. Each
587587 20 petition shall include, but is not limited to:
588588 21 (1) the name of the proposed new consolidated township
589589 22 or the name of the existing township into which the
590590 23 township shall be consolidated;
591591 24 (2) a description of how each road district of a
592592
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602602 1 dissolving township shall comply with subsection (c) of
603603 2 Section 22-20 if a township shall be consolidating into an
604604 3 existing township;
605605 4 (3) the names of all townships that shall be
606606 5 consolidating and a description of the area of
607607 6 consolidation; and
608608 7 (4) the date of the general election at which the
609609 8 referendum shall be held.
610610 9 For purposes of this Section, 3 or more townships are
611611 10 adjacent when each township shares a boundary with at least
612612 11 one of the other townships which are to be consolidated.
613613 12 A signature on a petition shall not be valid or counted in
614614 13 considering the petition unless the petition complies with the
615615 14 form requirements and the date of each signature is less than
616616 15 90 days before the last day for filing the petition. The
617617 16 statement of the person who circulates the petition must
618618 17 include an attestation (i) indicating the dates on which that
619619 18 sheet was circulated, (ii) indicating the first and last date
620620 19 on which that sheet was circulated, or (iii) certifying that
621621 20 none of the signatures on the sheet was signed more than 90
622622 21 days before the last day for filing the petition. The petition
623623 22 shall be treated and the proposition certified in the manner
624624 23 provided by the general election law. After the proposition
625625 24 has been submitted to the electorate, the proposition shall
626626 25 not be resubmitted for 4 years.
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637637 1 (60 ILCS 1/22-10)
638638 2 Sec. 22-10. Referendum.
639639 3 (a) Upon the adoption of resolutions under Section 22-5 by
640640 4 each township, or upon receipt of petitions under Section
641641 5 22-5.1 the township boards shall certify the question to the
642642 6 election authority and the authority shall cause to be
643643 7 submitted to the voters of each township at the general
644644 8 election specified in the resolutions a referendum to
645645 9 consolidate the townships. The referendum shall be
646646 10 substantially in the following form:
647647 11 Shall (names of townships) be consolidated into [a new
648648 12 township called (name of proposed consolidated
649649 13 township)/the township of (name of existing township)]?
650650 14 The votes shall be recorded as "Yes" or "No".
651651 15 The referendum is approved when a majority of the voters,
652652 16 in each of the affected townships, approve the referendum.
653653 17 (b) Before a referendum appears on the ballot under
654654 18 subsection (a), each township board shall publish a copy of
655655 19 the adopted resolution on the main page of the townships'
656656 20 websites, if any, and in a newspaper having a general
657657 21 circulation in each of the townships affected. The notice
658658 22 shall be published at least 30 days before the date of the
659659 23 general election in which the referendum will appear.
660660 24 Each township board shall additionally mail a copy of the
661661 25 adopted resolution, along with a copy of the referendum
662662 26 language and a list of all taxes levied for general township
663663
664664
665665
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667667
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669669
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673673 1 purposes in the affected townships, to every registered voter
674674 2 in each township affected. The notice shall be mailed at least
675675 3 30 days before the date of the general election in which the
676676 4 referendum will appear.
677677 5 (c) Notwithstanding any provision of law to the contrary,
678678 6 no tax rate may be extended for any fund of the consolidated
679679 7 district for the first levy year of the consolidated district
680680 8 that exceeds any statutory maximum set forth for that fund,
681681 9 unless the referendum also conforms to the requirements of the
682682 10 Property Tax Extension Limitation Law or other statutory
683683 11 provision setting forth that limitation.
684684 12 (Source: P.A. 100-107, eff. 1-1-18.)
685685 13 (60 ILCS 1/Art. 24 heading)
686686 14 ARTICLE 24. DISSOLUTION OF
687687 15 TOWNSHIPS IN MCHENRY COUNTY
688688 16 (Source: P.A. 101-230, eff. 8-9-19.)
689689 17 (60 ILCS 1/24-10)
690690 18 Sec. 24-10. Definition. As used in this Article,
691691 19 "electors" means the registered voters of any single township
692692 20 in McHenry County.
693693 21 (Source: P.A. 101-230, eff. 8-9-19.)
694694 22 (60 ILCS 1/24-15)
695695 23 Sec. 24-15. Dissolving a township in McHenry County. By
696696
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698698
699699
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702702
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705705 SB2504 - 20 - LRB104 12238 RTM 22345 b
706706 1 resolution, the board of trustees of any township located in
707707 2 McHenry County may submit a proposition to dissolve the
708708 3 township to the electors of that township at the election next
709709 4 following in accordance with the general election law. The
710710 5 ballot shall be as provided for in Section 24-30.
711711 6 (Source: P.A. 101-230, eff. 8-9-19.)
712712 7 (60 ILCS 1/24-20)
713713 8 Sec. 24-20. Petition requirements; notice.
714714 9 (a) Subject to the petition requirements of Section 28-3
715715 10 of the Election Code, petitions for a referendum to dissolve a
716716 11 township located in McHenry County must be filed with the
717717 12 governing board of the township, the county board of McHenry
718718 13 County, and the McHenry County Clerk not less than 122 days
719719 14 prior to any election held throughout the township. Petitions
720720 15 must include:
721721 16 (1) the name of the dissolving township;
722722 17 (2) the date of dissolution; and
723723 18 (3) signatures of a number of electors as follows: (A)
724724 19 for any township, the number of signatures shall be the
725725 20 larger of (i) 5% of the total ballots cast in the township
726726 21 in the immediately preceding election that is of an
727727 22 election type comparable to the election for which the
728728 23 petition is being filed, or (ii) 250 signatures. All
729729 24 signatures gathered under this paragraph (3) must be
730730 25 signed within 180 days prior to the filing of a petition.
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741741 1 (b) The proposed date of dissolution shall be at least 90
742742 2 days after the date of the election at which the referendum is
743743 3 to be voted upon.
744744 4 (c) If a valid petition is filed under subsection (a),
745745 5 then the McHenry County Clerk shall, by publication in one or
746746 6 more newspapers of general circulation within the county and
747747 7 on the county's website, not less than 90 days prior to the
748748 8 election at which the referendum is to be voted on, give notice
749749 9 in substantially the following form:
750750 10 NOTICE OF PETITION TO DISSOLVE (dissolving township).
751751 11 Residents of (dissolving township) and McHenry (County)
752752 12 are notified that a petition has been filed with
753753 13 (dissolving township) and McHenry (County) requesting a
754754 14 referendum to dissolve (dissolving township) on (date of
755755 15 dissolution) with all real and personal property, and any
756756 16 other assets, together with all personnel, contractual
757757 17 obligations, and liabilities being transferred to McHenry
758758 18 County.
759759 19 (Source: P.A. 101-230, eff. 8-9-19.)
760760 20 (60 ILCS 1/24-30)
761761 21 Sec. 24-30. Referendum; voting.
762762 22 (a) Subject to the requirements of Section 16-7 of the
763763 23 Election Code, the referendum described in Section 24-25 shall
764764 24 be in substantially the following form on the ballot:
765765
766766
767767
768768
769769
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771771
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775775 1 --------
776776 2 Shall the (dissolving
777777 3 township), together with any road
778778 4 districts wholly within the YES
779779 5 boundaries of (dissolving
780780 6 township), be dissolved on (date --------------
781781 7 of dissolution) with all of
782782 8 the township and road district
783783 9 property, assets, personnel, NO
784784 10 obligations, and liabilities being
785785 11 transferred to McHenry (County)?
786786 12 -------------------------------------------------------------
787787 13 (b) The referendum is approved when a majority of those
788788 14 voting in the election from the dissolving township approve
789789 15 the referendum.
790790 16 (Source: P.A. 101-230, eff. 8-9-19.)
791791 17 (60 ILCS 1/24-35)
792792 18 Sec. 24-35. Dissolution; transfer of rights and duties.
793793 19 When the dissolution of a township has been approved under
794794 20 Section 24-30:
795795 21 (1) On or before the date of dissolution, all real and
796796 22 personal property, and any other assets, together with all
797797 23 personnel, contractual obligations, and liabilities of the
798798 24 dissolving township and road districts wholly within the
799799 25 boundaries of the dissolving township shall be transferred
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810810 1 to the McHenry County. All funds of the dissolved township
811811 2 and dissolved road districts shall be used solely on
812812 3 behalf of the residents of the geographic area within the
813813 4 boundaries of the dissolved township.
814814 5 After the transfer of property to the county under
815815 6 this paragraph, all park land, cemetery land, buildings,
816816 7 and facilities within the geographic area of the
817817 8 dissolving township must be utilized for the primary
818818 9 benefit of the geographic area of the dissolving township.
819819 10 Proceeds from the sale of the park land, cemetery land,
820820 11 buildings, or facilities after transfer to the county must
821821 12 be utilized for the sole benefit of the geographic area of
822822 13 the dissolved township.
823823 14 (2) On the date of dissolution, the dissolving
824824 15 township is dissolved.
825825 16 (3) On and after the date of dissolution, all rights
826826 17 and duties of the dissolved township may be exercised by
827827 18 the McHenry County Board solely on behalf of the residents
828828 19 of the geographic area within the boundaries of the
829829 20 dissolved township. The duties that may be exercised by
830830 21 the county include, but are not limited to, the
831831 22 administration of a dissolved township's general
832832 23 assistance program, maintenance and operation of a
833833 24 dissolved township's cemeteries, and the Chief County
834834 25 Assessment officer of the McHenry County exercising the
835835 26 duties of the township assessor.
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846846 1 (4) The McHenry County Board shall not extend a
847847 2 property tax levy that is greater than 90% of the property
848848 3 tax levy extended by the dissolved township or road
849849 4 districts for the duties taken on by the McHenry County.
850850 5 This property tax levy may not be extended outside the
851851 6 boundaries of the dissolved township. In all subsequent
852852 7 years, this levy shall be bound by the provisions of the
853853 8 Property Tax Extension Limitation Law.
854854 9 A tax levy extended under this paragraph may be used
855855 10 for the purposes allowed by the statute authorizing the
856856 11 tax levy or to pay liabilities of the dissolved township
857857 12 or dissolved road districts that were transferred to the
858858 13 county under paragraph (1). The taxpayers within the
859859 14 boundaries of the dissolved township are responsible to
860860 15 pay any liabilities transferred to the county: the county
861861 16 shall reduce spending within the boundaries of the former
862862 17 township in the amount necessary to pay off any
863863 18 liabilities transferred to the county under paragraph (1)
864864 19 that are not covered by the assets enumerated in paragraph
865865 20 (1) or taxes under this paragraph.
866866 21 (5) All road districts wholly within the boundaries of
867867 22 the dissolving township are dissolved on the date of
868868 23 dissolution of the dissolving township, and all powers and
869869 24 responsibilities of each road district are transferred to
870870 25 the McHenry County except as provided in paragraph (6).
871871 26 (6) The county board of McHenry County shall give
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882882 1 written notice to each municipality whose governing board
883883 2 meets within the boundaries of a dissolving township that
884884 3 the municipality may make an offer, on or before 60 days
885885 4 after the date of dissolution of the dissolving township,
886886 5 that the municipality will assume all of the powers and
887887 6 responsibilities of a road district or road districts
888888 7 wholly inside the dissolving township. The notice shall be
889889 8 sent to each municipality on or before 30 days after the
890890 9 date of dissolution of the township. Any eligible
891891 10 municipality may, with consent of its governing board,
892892 11 make an offer to assume all of the powers and
893893 12 responsibilities of the dissolving township's road
894894 13 district or road districts. A municipality may offer to
895895 14 assume the powers and responsibilities only for a limited
896896 15 period of time. If one or more offers are received by the
897897 16 McHenry County on or before 60 days after the date of
898898 17 dissolution of the dissolving township, the county board
899899 18 of McHenry County shall select the best offer or offers
900900 19 that the board determines would be in the best interest
901901 20 and welfare of the affected resident population. If no
902902 21 municipality makes an offer or if no satisfactory offer is
903903 22 made, the powers and duties of the dissolving township's
904904 23 road district or road districts are retained by the
905905 24 McHenry County. The municipality that assumes the powers
906906 25 and duties of the dissolving township's road district or
907907 26 road districts shall not extend a road district property
908908
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910910
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914914
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918918 1 tax levy under Division 5 of Article 6 of the Illinois
919919 2 Highway Code that is greater than 90% of the road district
920920 3 property tax levy that was extended by the county on
921921 4 behalf of the dissolving township's road district or road
922922 5 districts for the duties taken on by the municipality.
923923 6 (7) On the date of dissolution of the township or road
924924 7 district, elected and appointed township officers and road
925925 8 commissioners shall cease to hold office. An elected or
926926 9 appointed township official or township road commissioner
927927 10 shall not be compensated for any other duties performed
928928 11 after the dissolution of the township or road district
929929 12 that they represented. An elected township official or
930930 13 township road commissioner shall not have legal recourse
931931 14 relating to the ceasing of their elected or appointed
932932 15 positions upon the ceasing of their position.
933933 16 (Source: P.A. 101-230, eff. 8-9-19.)
934934 17 (60 ILCS 1/25-5)
935935 18 Sec. 25-5. Referendum Petition and referendum to
936936 19 discontinue township organization. Upon the adoption of an
937937 20 ordinance or resolution of the county board, or upon the
938938 21 petition of at least 5% 10% of the registered voters in the
939939 22 township election immediately preceding the petition of each
940940 23 township of a county, as determined on the date registration
941941 24 closed before the regular election next preceding the last day
942942 25 on which the petition may be filed, that has adopted township
943943
944944
945945
946946
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949949
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953953 1 organization, the county board shall certify and cause to be
954954 2 submitted to the voters of the county, at the next general
955955 3 election, the question of the continuance of township
956956 4 organization. A signature on a petition shall not be valid or
957957 5 counted in considering the petition unless the form
958958 6 requirements are complied with and the date of each signature
959959 7 is less than 90 days before the last day for filing the
960960 8 petition. The statement of the person who circulates the
961961 9 petition must include an attestation (i) indicating the dates
962962 10 on which that sheet was circulated, (ii) indicating the first
963963 11 and last date on which that sheet was circulated, or (iii)
964964 12 certifying that none of the signatures on the sheet was signed
965965 13 more than 90 days before the last day for filing the petition.
966966 14 The proposition shall be substantially in the form:
967967 15 Shall township organization be continued in (name of
968968 16 county)?
969969 17 The votes shall be recorded as "Yes" or "No".
970970 18 The petition shall be treated and the proposition
971971 19 certified in the manner provided by the general election law.
972972 20 After the proposition has once been submitted to the
973973 21 electorate, the proposition shall not be resubmitted for 4
974974 22 years.
975975 23 (Source: P.A. 89-235, eff. 8-4-95; 90-112, eff. 1-1-98.)
976976 24 (60 ILCS 1/29-15)
977977 25 Sec. 29-15. Referendum for cessation of township. Upon the
978978
979979
980980
981981
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984984
985985
986986 SB2504- 28 -LRB104 12238 RTM 22345 b SB2504 - 28 - LRB104 12238 RTM 22345 b
987987 SB2504 - 28 - LRB104 12238 RTM 22345 b
988988 1 adoption of resolutions under Section 29-5 by both the
989989 2 township and municipality, or upon petition of at least 5% of
990990 3 the voters in the township election immediately preceding the
991991 4 petition, the township board and corporate authorities of the
992992 5 municipality shall certify the question to the election
993993 6 authority and the authority shall cause to be submitted to the
994994 7 voters of the township and municipality at the next election a
995995 8 referendum to discontinue the township and to transfer all the
996996 9 rights, powers, duties, assets, property, liabilities,
997997 10 obligations, and responsibilities of the township to the
998998 11 municipality. The referendum shall be substantially in the
999999 12 following form:
10001000 13 Shall the Township of (name of township) cease?
10011001 14 The votes shall be recorded as "Yes" or "No". The
10021002 15 referendum is approved when a majority of the voters, in both
10031003 16 the township and municipality, approve the referendum.
10041004 17 If the referendum is approved, there shall be no further
10051005 18 nominations or elections for clerks, assessors, collectors,
10061006 19 highway commissioners, supervisors, or trustees of the
10071007 20 township or highway commission, and the terms of all such
10081008 21 officers currently serving shall continue until the third
10091009 22 Monday of May of the year of the consolidated election in which
10101010 23 township officials are elected next following the approval of
10111011 24 a referendum under this Section.
10121012 25 (Source: P.A. 100-107, eff. 1-1-18.)
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