Illinois General Assembly - Full Text of HB4190
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Full Text of HB4190  100th General Assembly

HB4190 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4190

 

Introduced , by Rep. Steven Reick

 

SYNOPSIS AS INTRODUCED:
 
605 ILCS 5/6-134
605 ILCS 5/6-135

    Amends the Illinois Highway Code. Provides that before a township may submit a proposition or referendum to abolish a road district under the Code, the township shall prepare, through an independent entity, a cost study demonstrating that the abolishment is cost efficient and that the township is capable of carrying out its required duties and responsibilities on the date of abolishment. Defines "independent entity". Effective January 1, 2019.


LRB100 16143 AXK 31262 b

 

 

A BILL FOR

 

HB4190LRB100 16143 AXK 31262 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Highway Code is amended by changing
5Sections 6-134 and 6-135 as follows:
 
6    (605 ILCS 5/6-134)
7    (This Section may contain text from a Public Act with a
8delayed effective date)
9    Sec. 6-134. Abolishing a road district. In this Section,
10"independent entity" means a consulting firm with experience in
11economics and local government finance that does not have an
12existing agreement for services in the township or with the
13county in which the township is located. By resolution, the
14board of trustees of any township located in a county with less
15than 3,000,000 inhabitants may submit a proposition to abolish
16the road district of that township to the electors of that
17township at a general election or consolidated election in
18accordance with the general election law. The ballot shall be
19in substantially the following form:
 
20---------
21    Shall the Road District of the Township of

 

 

 

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1........... be abolished with all the rights,YES
2powers, duties, assets, property, liabilities,
3obligations, and responsibilities being assumed ---------
4by the Township of ........... ? NO
5---------
6    Before a township may submit a proposition to abolish a
7road district under this Section, the township shall prepare,
8through an independent entity, a cost study demonstrating that
9the abolishment is cost efficient and that the township is
10capable of carrying out the duties and responsibilities under
11this Section on the date of abolishment. If the cost study
12finds that the abolishment is not cost efficient or that the
13township is not capable of carrying out the duties, or both,
14the township may not submit a proposition under this Section.
15    In the event that a majority of the electors voting on such
16proposition are in favor thereof, then the road district shall
17be abolished by operation of law effective 90 days after vote
18certification by the governing election authority or on the
19date the term of the highway commissioner in office at the time
20the proposition was approved by the electors expires, whichever
21is later.
22    On that date, all the rights, powers, duties, assets,
23property, liabilities, obligations, and responsibilities of
24the road district shall by operation of law vest in and be
25assumed by the township. On that date, the township board of

 

 

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1trustees shall assume all taxing authority of a road district
2abolished under this Section. On that date, any highway
3commissioner of the abolished road district shall cease to hold
4office, such term having been terminated. Thereafter, the
5township shall exercise all duties and responsibilities of the
6highway commissioner as provided in the Illinois Highway Code.
7The township board of trustees may enter into a contract with
8the county, a municipality, or a private contractor to
9administer the roads under its jurisdiction. The township board
10of trustees shall assume all taxing authority of a township
11road district abolished under this subsection. For purposes of
12distribution of revenue, the township shall assume the powers,
13duties, and obligations of the road district.
14(Source: P.A. 100-106, eff. 1-1-18.)
 
15    (605 ILCS 5/6-135)
16    (This Section may contain text from a Public Act with a
17delayed effective date)
18    Sec. 6-135. Abolishing a road district with less than 15
19miles of roads.
20    (a) Any township in a county with a population less than
213,000,000 may abolish a road district of that township if the
22roads of the road district are less than 15 miles in length, as
23determined by the county engineer or county superintendent of
24highways, by resolution of a majority of the board of trustees
25to submit a referendum to abolish the road district of that

 

 

HB4190- 4 -LRB100 16143 AXK 31262 b

1township. The referendum shall be submitted to the electors of
2that township at the next general election or consolidated
3election in accordance with the general election law. The
4ballot shall be in substantially the following form:
5--------
6    Shall the Road District of the Township of
7........... be abolished with all the rights,YES
8powers, duties, assets, property, liabilities,
9obligations, and responsibilities being assumed --------
10by the Township of ........... ?NO
11--------
12    (a-5) Before a township may submit a referendum to abolish
13a road district under subsection (a), the township shall
14prepare, through an independent entity, a cost study
15demonstrating that the abolishment is cost efficient and that
16the township is capable of carrying out the duties and
17responsibilities under subsection (b) on the date of
18abolishment. If the cost study finds that the abolishment is
19not cost efficient or that the township is not capable of
20carrying out the duties and responsibilities, or both, the
21township may not submit a referendum under subsection (a). For
22purposes of this subsection, "independent entity" means a
23consulting firm with experience in economics and local
24government finance that does not have an existing agreement for
25services in the township or with the county in which the
26township is located.

 

 

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1    (b) If a majority of the electors voting on the referendum
2under subsection (a) of this Section are in favor of abolishing
3the township road district, then the road district is abolished
4on the January 1 following the approval of the referendum or on
5the date the term of the highway commissioner in office at the
6time the referendum was approved expires, whichever is later.
7    On the date of abolishment: all the rights, powers, duties,
8assets, property, liabilities, obligations, and
9responsibilities of the road district shall by operation of law
10vest in and be assumed by the township; the township board of
11trustees shall assume all taxing authority of a road district
12abolished under this Section; any highway commissioner of the
13abolished road district shall cease to hold office; the
14township shall exercise all duties and responsibilities of the
15highway commissioner as provided in the Illinois Highway Code;
16and for purposes of distribution of revenue, the township shall
17assume the powers, duties, and obligations of the road
18district. The township board of trustees may enter into a
19contract with the county, a municipality, or a private
20contractor to administer the roads added to its jurisdiction
21under this Section.
22(Source: P.A. 100-107, eff. 1-1-18.)
 
23    Section 95. No acceleration or delay. Where this Act makes
24changes in a statute that is represented in this Act by text
25that is not yet or no longer in effect (for example, a Section

 

 

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1represented by multiple versions), the use of that text does
2not accelerate or delay the taking effect of (i) the changes
3made by this Act or (ii) provisions derived from any other
4Public Act.
 
5    Section 99. Effective date. This Act takes effect January
61, 2019.