95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB6716


 
Introduced , by Rep. JoAnn D. Osmond
 
SYNOPSIS AS INTRODUCED:
 		













605 ILCS 5/7-203.3 new










    Amends the Illinois Highway Code.  Provides that a municipality that is located partially or wholly in a county with a population greater than 500,000 but less than 3,000,000 under specified conditions may expend Motor Fuel Tax street or road funds (except Federal-aid funds) on streets or highways or sections of highways without prior review or approval of the Department of Transportation for routine maintenance activities as determined by the Department, including without limitation snow plowing, street cleaning, crack-sealing, and road patching; and routine and periodic roadway resurfacing activities (including grinding off the surface course of roads, but not involving expansions or reconstruction of more than 20% of the affected road bed). Effective immediately.
















LRB095 22337 RLC 52663 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB6716

LRB095 22337 RLC 52663 b






1
    AN ACT concerning the use of motor fuel tax funds.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Illinois Highway Code is amended  by adding 
5
Section 7-203.3 as follows:
 
6
    (605 ILCS 5/7-203.3  new)
7
    Sec. 7-203.3. Alternative procedures for routine 
8
maintenance activities.
9
    (a) For any municipality qualifying to participate under 
10
subsection (b) of this Section, such municipality may expend 
11
Motor Fuel Tax street or road funds (except Federal-aid funds) 
12
on streets or highways or sections of highways without prior 
13
review or approval of the Department for: (1) any routine 
14
maintenance activities as determined by the Department, 
15
including without limitation snow plowing, street cleaning, 
16
crack-sealing, and road patching; and (2) routine and periodic 
17
roadway resurfacing activities (including grinding off the 
18
surface course of roads, but not involving expansions or 
19
reconstruction of more than 20% of the affected road bed). 
20
Bidding for projects qualifying under clauses (1) and (2) of 
21
this subsection (a) shall comply with the requirements of the 
22
Illinois Municipal Code.
23
    (b) A municipality is qualified to act under this Section 
 


 






HB6716
- 2 -
LRB095 22337 RLC 52663 b




1
if it meets all of the following requirements:
2
        (1) it is located partially or wholly in a county with 
3
    a population greater than 500,000 but less than 3,000,000;
4
        (2) the municipality adopts an ordinance or resolution 
5
    electing to proceed under this Section 7-203.3 and delivers 
6
    such ordinance
or resolution to the Department Secretary;
7
        (3) the mayor or president of the municipality annually 
8
    certifies to the
Department that:
9
            (A) the municipality has complied with Section 
10
        7-301;
11
            (B) the municipality has appointed a full-time 
12
        engineer or has retained a licensed professional 
13
        engineer or professional engineering firm charged with 
14
        overseeing the municipality's street, road, or highway 
15
        construction and maintenance programs; and
16
            (C) the municipality has expended Motor Fuel Tax 
17
        funds only on activities authorized by this Article;
18
        (4) the municipal engineer or engineering firm (as 
19
    described in clause (3)(B) of this subsection (b) annually 
20
    certifies to the Department that the municipality's 
21
    activities undertaken with Motor Fuel Tax funds satisfied 
22
    the requirements of clauses (1) and (2) of subsection (a) 
23
    of this Section and otherwise comported with applicable 
24
    specifications of the Department relating to such 
25
    activities; and
26
        (5) the municipality annually submits a certified 
 


 






HB6716
- 3 -
LRB095 22337 RLC 52663 b




1
    audit of its motor fuel tax fund to the Department 
2
    establishing that the municipality has
properly used its 
3
    Motor Fuel Tax funds.
4
    Any municipality that fails to comply with the requirements 
5
of this Section or whose audit is not found acceptable to the 
6
Department shall be barred from utilizing this Section for a 
7
period of 5 years, unless the Department approves the 
8
municipality's earlier participation under this Section.
9
    (c) For activities not within the scope of subsection (a) 
10
of this Section, a municipality must comply with the general 
11
provisions of this Division 2 regarding the Department's review 
12
and approval of expenditure of Motor Fuel Tax funds. 
 

13
    Section 99. Effective date. This Act takes effect upon 
14
becoming law.