HB2557eng 97TH GENERAL ASSEMBLY

HB2557 Engrossed LRB097 09088 KMW 49223 b

AN ACT concerning local government.

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 adding Section 6-111.5 as follows:

(605 ILCS 5/6-111.5 new)

Sec. 6-111.5. Elimination of county unit road districts. A county unit road district may be eliminated by referendum. The process, petition, and referendum requirements shall be identical to those requirements used to form a county unit road district under Section 6-111 of this Code, except that the referendum question shall be "Shall the county unit road district in .... County, Illinois be eliminated and road districts be created in its place?".

(a) If a majority of voters at any general election votes to eliminate a county unit road district, the county board of the county shall determine what road districts to adopt in place of the eliminated county unit road district. The county board shall form a committee of no more than 9 persons to study and recommend to the board what type of road districts and what geographic boundaries should be put into place. The committee should consider mileage of roads, tax base, population, and natural and manmade geographic limitations in recommending the geographic boundaries. The corporate limits of any municipality within the county may be its own geographic unit for the proposed new road districts. The committee shall also recommend the distribution of county unit road district assets and resources.

(b) The committee may prepare more than one proposal, but not more than 3 proposals, to present to the board for a final decision. The committee shall be formed, a budget set, and a chairperson determined by the board within 60 days of the election to eliminate the county unit road district. The committee shall present the proposal or proposals to the board within 150 days of the election.

(c) The board shall hold public hearings as it determines is necessary for public review and comment on the proposal or proposals of the committee within 60 days of receiving the proposal or proposals from the committee. Within 30 days after the public hearing or hearings, the board may return the proposal or any number of the proposals to the committee for a review and consideration of amendments based upon the comments from the public hearing or hearings. If the board returns the proposal to the committee for review and possible amendment, the committee has 30 days to complete its review, make any amendments, and return the final proposal or proposals to the board.

(d) No more than 30 days from the date of the last public hearing, or from the receipt of the final proposal or proposals from the committee if the board sent the proposal or proposals back to the committee for review and consideration of amendment, the board shall make a final determination as to what form of road districts shall replace the county unit road district.

(e) The board shall determine and oversee all steps required to divide the resources and assets of the road districts that replaces the county unit road district. The county unit road district shall be eliminated and the new road districts shall be created simultaneously on a date set by the board, no later than 365 days from the date of the election to eliminate the county unit road district. The board shall designate the title of and appoint the head or heads of the various divisions of the new road districts. The positions shall be voted on at the next general election after the election to eliminate the county unit road district and every 4 years thereafter. If the board adopts a road district system where municipalities are a geographic boundary, the commissioner in charge of the roads within a municipality shall automatically be the supervisor based upon the election process and terms for each municipality.

Section 99. Effective date. This Act takes effect July 1, 2011.