Public Act 93-0164
HB1455 Enrolled LRB093 05950 DRH 06047 b
AN ACT in relation to highways.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Highway Code is amended by
changing Sections 6-201.7 and 6-508 as follows:
(605 ILCS 5/6-201.7) (from Ch. 121, par. 6-201.7)
Sec. 6-201.7. Construct, maintain and repair and be
responsible for the construction, maintenance and repair of
roads within the district, let contracts, employ labor and
purchase material and machinery therefor, subject to the
limitations provided in this Code. No contract shall be let
for the construction or repair of any road or part thereof in
excess of the amount of $10,000, nor shall any material,
machinery or other appliances to be used in road construction
or maintenance of roads in excess of such amount be
purchased, nor shall several contracts each for an amount of
$10,000 or less be let for the construction or repair of any
road or part thereof when such construction or repair is in
reality part of one project costing more than $10,000, nor
shall any material, machinery or other appliance to be used
therein be purchased under several contracts each for an
amount of $10,000 or less, if such purchases are essentially
one transaction amounting to more than $10,000, without the
written approval of the county superintendent of highways in
the case of road districts other than consolidated township
road districts or without the written approval of the highway
board of auditors in the case of consolidated township road
districts.
Except for professional services, when the cost of
construction, materials, supplies, new machinery or equipment
exceeds $10,000, the contract for such construction,
materials, supplies, machinery or equipment shall be let,
after the above written approval is obtained, to the lowest
responsible bidder after advertising for bids at least once,
and at least 10 days prior to the time set for the opening of
such bids, in a newspaper published within the township or
road district, or, if no newspaper is published within the
township or road district then in one published within the
county, or, if no newspaper is published within the county
then in a newspaper having general circulation within the
township or road district, but, in case of an emergency, such
contract may be let without advertising for bids upon the
approval of the County Superintendent of Highways expressing
in writing the existence of such emergency and, in the case
of consolidated township road districts, upon the approval of
the highway board of auditors. For purposes of this Section
"new machinery or equipment" shall be defined as that which
has been previously untitled or that which shows fewer than
200 hours on its operating clock and that is accompanied by a
new equipment manufacturer's warranty.
(Source: P.A. 92-268, eff. 1-1-02.)
(605 ILCS 5/6-508) (from Ch. 121, par. 6-508)
Sec. 6-508. (a) For the purpose of constructing or
repairing bridges, culverts, drainage structures or grade
separations, including approaches thereto, at the joint
expense of a county and a road district and obtaining aid
from the county as provided in Section 5-501 of this Code,
there may be included in the annual tax levies provided for
in Section 6-501 of this Code a tax of not to exceed .05% of
the value of all the taxable property in the road district,
as equalized or assessed by the Department of Revenue, which
tax shall be in addition to and may be in excess of the
maximum levy and may be extended at a rate in addition to and
in excess of the tax rate for road purposes authorized under
Section 6-501 of this Code.
Such tax, when collected, shall constitute and be held by
the treasurer of the district as a separate fund to be
expended for the construction or repair of bridges, culverts,
drainage structures or grade separations, including
approaches thereto, at the joint expense of the county and
the road district. The highway commissioner shall separately
specify in the certificate required by Section 6-501 the
amount necessary to be raised by taxation for the purpose of
constructing or repairing bridges, culverts, drainage
structures or grade separations, including approaches
thereto, at the joint expense of the county and the road
district. Upon the approval by the county board of the
amount so certified as provided in Section 6-501 of this
Code, the county clerk shall extend the same against the
taxable property of the road district, provided the amount
thus approved shall not be extended at a rate in excess of
.05% of value, as equalized or assessed by the Department of
Revenue.
When any improvement project for which a tax may be
levied under this Section has been ordered as provided in
Section 5-501 and the estimated cost of such project to the
road district is in excess of the amount that will be
realized from the annual tax levy authorized by this Section
when extended and collected, then the road district may
accumulate the proceeds of such tax for such number of years
as may be necessary to acquire the funds necessary to pay the
district's share of the cost of such project. In counties in
which a property tax extension limitation is imposed under
the Property Tax Extension Limitation Law and the imposition
of the property tax extension limitation prevents a road
district from levying taxes for road purposes at the required
rate, a road district may retain its eligibility if, at the
time the property tax extension limitation was imposed, the
road district was levying at the required rate and continues
to levy the maximum allowable amount after the imposition of
the property tax extension limitation. It shall not be a
valid objection to any subsequent tax levy made under this
Section that there remains unexpended money arising from a
preceding levy of a prior year because of the accumulation
provided for in this Section.
The rate limitation imposed by this Section may be
increased for a 10 year period to up to 0.25% of the value of
all the taxable property in the road district, as equalized
or assessed by the Department of Revenue if the proposition
for the increased tax rate is submitted under Sections 6-504
and 6-505 and receives a majority of all ballots cast on the
proposition at the election held under Section 6-505.
(b) All surplus funds remaining in the hands of the
treasurer of the road district after the completion of any
construction or repairing of bridges, culverts, drainage
structures or grade separations, including approaches
thereto, under this Section, shall be turned over, at the
request of the highway commissioner, with the written consent
of the county superintendent, to the regular road fund of the
road district. Upon such request, no further levy under this
Section is to be extended by the county clerk unless the
proposition authorizing such further levy is submitted under
Sections 6-504 and 6-505 and receives a majority of all
ballots cast on the proposition at the election held under
Section 6-505.
(c) The moneys from this tax may also be used for
construction and maintenance of bridges, culverts and other
drainage facilities, or grade separations, including
approaches thereto, on, under, or over the district roads,
without joint county funds being involved and without
limitation as to size of project, but only if adequate funds
are available for all projects for which the road district
has petitioned the county for joint participation. If the
project size is over $10,000, the road district commissioner
shall also obtain the permission of the county engineer.
(Source: P.A. 92-268, eff. 1-1-02; 92-800, eff. 8-16-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.