Illinois General Assembly - Full Text of HB3599
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Full Text of HB3599  102nd General Assembly

HB3599 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3599

 

Introduced 2/22/2021, by Rep. Dan Ugaste

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 505/8  from Ch. 120, par. 424
55 ILCS 5/5-1185
60 ILCS 1/Art. 24 heading
60 ILCS 1/24-10
60 ILCS 1/24-15
60 ILCS 1/24-20
60 ILCS 1/24-30
60 ILCS 1/24-35
605 ILCS 5/6-140
605 ILCS 5/6-135 rep.

    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. Amends the Counties Code and the Motor Fuel Tax Law making conforming changes. Amends the Illinois Highway Code. Changes provisions requiring road districts in townships in Lake County and McHenry County to be abolished if the roads of the road district are less than 15 miles in length to require all townships to abolish such road districts. Repeals provisions making abolition permissive for townships with road districts that have roads of less than 15 miles in length. Effective immediately.


LRB102 14049 AWJ 19401 b

FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3599LRB102 14049 AWJ 19401 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Motor Fuel Tax Law is amended by changing
5Section 8 as follows:
 
6    (35 ILCS 505/8)  (from Ch. 120, par. 424)
7    Sec. 8. Except as provided in subsection (a-1) of this
8Section, Section 8a, subdivision (h)(1) of Section 12a,
9Section 13a.6, and items 13, 14, 15, and 16 of Section 15, all
10money received by the Department under this Act, including
11payments made to the Department by member jurisdictions
12participating in the International Fuel Tax Agreement, shall
13be deposited in a special fund in the State treasury, to be
14known as the "Motor Fuel Tax Fund", and shall be used as
15follows:
16    (a) 2 1/2 cents per gallon of the tax collected on special
17fuel under paragraph (b) of Section 2 and Section 13a of this
18Act shall be transferred to the State Construction Account
19Fund in the State Treasury; the remainder of the tax collected
20on special fuel under paragraph (b) of Section 2 and Section
2113a of this Act shall be deposited into the Road Fund;
22    (a-1) Beginning on July 1, 2019, an amount equal to the
23amount of tax collected under subsection (a) of Section 2 as a

 

 

HB3599- 2 -LRB102 14049 AWJ 19401 b

1result of the increase in the tax rate under Public Act 101-32
2this amendatory Act of the 101st General Assembly shall be
3transferred each month into the Transportation Renewal Fund; .
4    (b) $420,000 shall be transferred each month to the State
5Boating Act Fund to be used by the Department of Natural
6Resources for the purposes specified in Article X of the Boat
7Registration and Safety Act;
8    (c) $3,500,000 shall be transferred each month to the
9Grade Crossing Protection Fund to be used as follows: not less
10than $12,000,000 each fiscal year shall be used for the
11construction or reconstruction of rail highway grade
12separation structures; $2,250,000 in fiscal years 2004 through
132009 and $3,000,000 in fiscal year 2010 and each fiscal year
14thereafter shall be transferred to the Transportation
15Regulatory Fund and shall be accounted for as part of the rail
16carrier portion of such funds and shall be used to pay the cost
17of administration of the Illinois Commerce Commission's
18railroad safety program in connection with its duties under
19subsection (3) of Section 18c-7401 of the Illinois Vehicle
20Code, with the remainder to be used by the Department of
21Transportation upon order of the Illinois Commerce Commission,
22to pay that part of the cost apportioned by such Commission to
23the State to cover the interest of the public in the use of
24highways, roads, streets, or pedestrian walkways in the county
25highway system, township and district road system, or
26municipal street system as defined in the Illinois Highway

 

 

HB3599- 3 -LRB102 14049 AWJ 19401 b

1Code, as the same may from time to time be amended, for
2separation of grades, for installation, construction or
3reconstruction of crossing protection or reconstruction,
4alteration, relocation including construction or improvement
5of any existing highway necessary for access to property or
6improvement of any grade crossing and grade crossing surface
7including the necessary highway approaches thereto of any
8railroad across the highway or public road, or for the
9installation, construction, reconstruction, or maintenance of
10a pedestrian walkway over or under a railroad right-of-way, as
11provided for in and in accordance with Section 18c-7401 of the
12Illinois Vehicle Code. The Commission may order up to
13$2,000,000 per year in Grade Crossing Protection Fund moneys
14for the improvement of grade crossing surfaces and up to
15$300,000 per year for the maintenance and renewal of
164-quadrant gate vehicle detection systems located at non-high
17speed rail grade crossings. The Commission shall not order
18more than $2,000,000 per year in Grade Crossing Protection
19Fund moneys for pedestrian walkways. In entering orders for
20projects for which payments from the Grade Crossing Protection
21Fund will be made, the Commission shall account for
22expenditures authorized by the orders on a cash rather than an
23accrual basis. For purposes of this requirement an "accrual
24basis" assumes that the total cost of the project is expended
25in the fiscal year in which the order is entered, while a "cash
26basis" allocates the cost of the project among fiscal years as

 

 

HB3599- 4 -LRB102 14049 AWJ 19401 b

1expenditures are actually made. To meet the requirements of
2this subsection, the Illinois Commerce Commission shall
3develop annual and 5-year project plans of rail crossing
4capital improvements that will be paid for with moneys from
5the Grade Crossing Protection Fund. The annual project plan
6shall identify projects for the succeeding fiscal year and the
75-year project plan shall identify projects for the 5 directly
8succeeding fiscal years. The Commission shall submit the
9annual and 5-year project plans for this Fund to the Governor,
10the President of the Senate, the Senate Minority Leader, the
11Speaker of the House of Representatives, and the Minority
12Leader of the House of Representatives on the first Wednesday
13in April of each year;
14    (d) of the amount remaining after allocations provided for
15in subsections (a), (a-1), (b), and (c), a sufficient amount
16shall be reserved to pay all of the following:
17        (1) the costs of the Department of Revenue in
18    administering this Act;
19        (2) the costs of the Department of Transportation in
20    performing its duties imposed by the Illinois Highway Code
21    for supervising the use of motor fuel tax funds
22    apportioned to municipalities, counties and road
23    districts;
24        (3) refunds provided for in Section 13, refunds for
25    overpayment of decal fees paid under Section 13a.4 of this
26    Act, and refunds provided for under the terms of the

 

 

HB3599- 5 -LRB102 14049 AWJ 19401 b

1    International Fuel Tax Agreement referenced in Section
2    14a;
3        (4) from October 1, 1985 until June 30, 1994, the
4    administration of the Vehicle Emissions Inspection Law,
5    which amount shall be certified monthly by the
6    Environmental Protection Agency to the State Comptroller
7    and shall promptly be transferred by the State Comptroller
8    and Treasurer from the Motor Fuel Tax Fund to the Vehicle
9    Inspection Fund, and for the period July 1, 1994 through
10    June 30, 2000, one-twelfth of $25,000,000 each month, for
11    the period July 1, 2000 through June 30, 2003, one-twelfth
12    of $30,000,000 each month, and $15,000,000 on July 1,
13    2003, and $15,000,000 on January 1, 2004, and $15,000,000
14    on each July 1 and October 1, or as soon thereafter as may
15    be practical, during the period July 1, 2004 through June
16    30, 2012, and $30,000,000 on June 1, 2013, or as soon
17    thereafter as may be practical, and $15,000,000 on July 1
18    and October 1, or as soon thereafter as may be practical,
19    during the period of July 1, 2013 through June 30, 2015,
20    for the administration of the Vehicle Emissions Inspection
21    Law of 2005, to be transferred by the State Comptroller
22    and Treasurer from the Motor Fuel Tax Fund into the
23    Vehicle Inspection Fund;
24        (4.5) beginning on July 1, 2019, the costs of the
25    Environmental Protection Agency for the administration of
26    the Vehicle Emissions Inspection Law of 2005 shall be

 

 

HB3599- 6 -LRB102 14049 AWJ 19401 b

1    paid, subject to appropriation, from the Motor Fuel Tax
2    Fund into the Vehicle Inspection Fund; beginning in 2019,
3    no later than December 31 of each year, or as soon
4    thereafter as practical, the State Comptroller shall
5    direct and the State Treasurer shall transfer from the
6    Vehicle Inspection Fund to the Motor Fuel Tax Fund any
7    balance remaining in the Vehicle Inspection Fund in excess
8    of $2,000,000;
9        (5) amounts ordered paid by the Court of Claims; and
10        (6) payment of motor fuel use taxes due to member
11    jurisdictions under the terms of the International Fuel
12    Tax Agreement. The Department shall certify these amounts
13    to the Comptroller by the 15th day of each month; the
14    Comptroller shall cause orders to be drawn for such
15    amounts, and the Treasurer shall administer those amounts
16    on or before the last day of each month;
17    (e) after allocations for the purposes set forth in
18subsections (a), (a-1), (b), (c), and (d), the remaining
19amount shall be apportioned as follows:
20        (1) Until January 1, 2000, 58.4%, and beginning
21    January 1, 2000, 45.6% shall be deposited as follows:
22            (A) 37% into the State Construction Account Fund,
23        and
24            (B) 63% into the Road Fund, $1,250,000 of which
25        shall be reserved each month for the Department of
26        Transportation to be used in accordance with the

 

 

HB3599- 7 -LRB102 14049 AWJ 19401 b

1        provisions of Sections 6-901 through 6-906 of the
2        Illinois Highway Code;
3        (2) Until January 1, 2000, 41.6%, and beginning
4    January 1, 2000, 54.4% shall be transferred to the
5    Department of Transportation to be distributed as follows:
6            (A) 49.10% to the municipalities of the State,
7            (B) 16.74% to the counties of the State having
8        1,000,000 or more inhabitants,
9            (C) 18.27% to the counties of the State having
10        less than 1,000,000 inhabitants,
11            (D) 15.89% to the road districts of the State.
12        If a township is dissolved under Article 24 of the
13    Township Code, the county in which the township lies
14    McHenry County shall receive any moneys that would have
15    been distributed to the township under this subparagraph,
16    except that a municipality that assumes the powers and
17    responsibilities of a road district under paragraph (6) of
18    Section 24-35 of the Township Code shall receive any
19    moneys that would have been distributed to the township in
20    a percent equal to the area of the dissolved road district
21    or portion of the dissolved road district over which the
22    municipality assumed the powers and responsibilities
23    compared to the total area of the dissolved township. The
24    moneys received under this subparagraph shall be used in
25    the geographic area of the dissolved township. If a
26    township is reconstituted as provided under Section 24-45

 

 

HB3599- 8 -LRB102 14049 AWJ 19401 b

1    of the Township Code, McHenry County or a municipality
2    shall no longer be distributed moneys under this
3    subparagraph.
4    As soon as may be after the first day of each month, the
5Department of Transportation shall allot to each municipality
6its share of the amount apportioned to the several
7municipalities which shall be in proportion to the population
8of such municipalities as determined by the last preceding
9municipal census if conducted by the Federal Government or
10Federal census. If territory is annexed to any municipality
11subsequent to the time of the last preceding census the
12corporate authorities of such municipality may cause a census
13to be taken of such annexed territory and the population so
14ascertained for such territory shall be added to the
15population of the municipality as determined by the last
16preceding census for the purpose of determining the allotment
17for that municipality. If the population of any municipality
18was not determined by the last Federal census preceding any
19apportionment, the apportionment to such municipality shall be
20in accordance with any census taken by such municipality. Any
21municipal census used in accordance with this Section shall be
22certified to the Department of Transportation by the clerk of
23such municipality, and the accuracy thereof shall be subject
24to approval of the Department which may make such corrections
25as it ascertains to be necessary.
26    As soon as may be after the first day of each month, the

 

 

HB3599- 9 -LRB102 14049 AWJ 19401 b

1Department of Transportation shall allot to each county its
2share of the amount apportioned to the several counties of the
3State as herein provided. Each allotment to the several
4counties having less than 1,000,000 inhabitants shall be in
5proportion to the amount of motor vehicle license fees
6received from the residents of such counties, respectively,
7during the preceding calendar year. The Secretary of State
8shall, on or before April 15 of each year, transmit to the
9Department of Transportation a full and complete report
10showing the amount of motor vehicle license fees received from
11the residents of each county, respectively, during the
12preceding calendar year. The Department of Transportation
13shall, each month, use for allotment purposes the last such
14report received from the Secretary of State.
15    As soon as may be after the first day of each month, the
16Department of Transportation shall allot to the several
17counties their share of the amount apportioned for the use of
18road districts. The allotment shall be apportioned among the
19several counties in the State in the proportion which the
20total mileage of township or district roads in the respective
21counties bears to the total mileage of all township and
22district roads in the State. Funds allotted to the respective
23counties for the use of road districts therein shall be
24allocated to the several road districts in the county in the
25proportion which the total mileage of such township or
26district roads in the respective road districts bears to the

 

 

HB3599- 10 -LRB102 14049 AWJ 19401 b

1total mileage of all such township or district roads in the
2county. After July 1 of any year prior to 2011, no allocation
3shall be made for any road district unless it levied a tax for
4road and bridge purposes in an amount which will require the
5extension of such tax against the taxable property in any such
6road district at a rate of not less than either .08% of the
7value thereof, based upon the assessment for the year
8immediately prior to the year in which such tax was levied and
9as equalized by the Department of Revenue or, in DuPage
10County, an amount equal to or greater than $12,000 per mile of
11road under the jurisdiction of the road district, whichever is
12less. Beginning July 1, 2011 and each July 1 thereafter, an
13allocation shall be made for any road district if it levied a
14tax for road and bridge purposes. In counties other than
15DuPage County, if the amount of the tax levy requires the
16extension of the tax against the taxable property in the road
17district at a rate that is less than 0.08% of the value
18thereof, based upon the assessment for the year immediately
19prior to the year in which the tax was levied and as equalized
20by the Department of Revenue, then the amount of the
21allocation for that road district shall be a percentage of the
22maximum allocation equal to the percentage obtained by
23dividing the rate extended by the district by 0.08%. In DuPage
24County, if the amount of the tax levy requires the extension of
25the tax against the taxable property in the road district at a
26rate that is less than the lesser of (i) 0.08% of the value of

 

 

HB3599- 11 -LRB102 14049 AWJ 19401 b

1the taxable property in the road district, based upon the
2assessment for the year immediately prior to the year in which
3such tax was levied and as equalized by the Department of
4Revenue, or (ii) a rate that will yield an amount equal to
5$12,000 per mile of road under the jurisdiction of the road
6district, then the amount of the allocation for the road
7district shall be a percentage of the maximum allocation equal
8to the percentage obtained by dividing the rate extended by
9the district by the lesser of (i) 0.08% or (ii) the rate that
10will yield an amount equal to $12,000 per mile of road under
11the jurisdiction of the road district.
12    Prior to 2011, if any road district has levied a special
13tax for road purposes pursuant to Sections 6-601, 6-602, and
146-603 of the Illinois Highway Code, and such tax was levied in
15an amount which would require extension at a rate of not less
16than .08% of the value of the taxable property thereof, as
17equalized or assessed by the Department of Revenue, or, in
18DuPage County, an amount equal to or greater than $12,000 per
19mile of road under the jurisdiction of the road district,
20whichever is less, such levy shall, however, be deemed a
21proper compliance with this Section and shall qualify such
22road district for an allotment under this Section. Beginning
23in 2011 and thereafter, if any road district has levied a
24special tax for road purposes under Sections 6-601, 6-602, and
256-603 of the Illinois Highway Code, and the tax was levied in
26an amount that would require extension at a rate of not less

 

 

HB3599- 12 -LRB102 14049 AWJ 19401 b

1than 0.08% of the value of the taxable property of that road
2district, as equalized or assessed by the Department of
3Revenue or, in DuPage County, an amount equal to or greater
4than $12,000 per mile of road under the jurisdiction of the
5road district, whichever is less, that levy shall be deemed a
6proper compliance with this Section and shall qualify such
7road district for a full, rather than proportionate, allotment
8under this Section. If the levy for the special tax is less
9than 0.08% of the value of the taxable property, or, in DuPage
10County if the levy for the special tax is less than the lesser
11of (i) 0.08% or (ii) $12,000 per mile of road under the
12jurisdiction of the road district, and if the levy for the
13special tax is more than any other levy for road and bridge
14purposes, then the levy for the special tax qualifies the road
15district for a proportionate, rather than full, allotment
16under this Section. If the levy for the special tax is equal to
17or less than any other levy for road and bridge purposes, then
18any allotment under this Section shall be determined by the
19other levy for road and bridge purposes.
20    Prior to 2011, if a township has transferred to the road
21and bridge fund money which, when added to the amount of any
22tax levy of the road district would be the equivalent of a tax
23levy requiring extension at a rate of at least .08%, or, in
24DuPage County, an amount equal to or greater than $12,000 per
25mile of road under the jurisdiction of the road district,
26whichever is less, such transfer, together with any such tax

 

 

HB3599- 13 -LRB102 14049 AWJ 19401 b

1levy, shall be deemed a proper compliance with this Section
2and shall qualify the road district for an allotment under
3this Section.
4    In counties in which a property tax extension limitation
5is imposed under the Property Tax Extension Limitation Law,
6road districts may retain their entitlement to a motor fuel
7tax allotment or, beginning in 2011, their entitlement to a
8full allotment if, at the time the property tax extension
9limitation was imposed, the road district was levying a road
10and bridge tax at a rate sufficient to entitle it to a motor
11fuel tax allotment and continues to levy the maximum allowable
12amount after the imposition of the property tax extension
13limitation. Any road district may in all circumstances retain
14its entitlement to a motor fuel tax allotment or, beginning in
152011, its entitlement to a full allotment if it levied a road
16and bridge tax in an amount that will require the extension of
17the tax against the taxable property in the road district at a
18rate of not less than 0.08% of the assessed value of the
19property, based upon the assessment for the year immediately
20preceding the year in which the tax was levied and as equalized
21by the Department of Revenue or, in DuPage County, an amount
22equal to or greater than $12,000 per mile of road under the
23jurisdiction of the road district, whichever is less.
24    As used in this Section, the term "road district" means
25any road district, including a county unit road district,
26provided for by the Illinois Highway Code; and the term

 

 

HB3599- 14 -LRB102 14049 AWJ 19401 b

1"township or district road" means any road in the township and
2district road system as defined in the Illinois Highway Code.
3For the purposes of this Section, "township or district road"
4also includes such roads as are maintained by park districts,
5forest preserve districts and conservation districts. The
6Department of Transportation shall determine the mileage of
7all township and district roads for the purposes of making
8allotments and allocations of motor fuel tax funds for use in
9road districts.
10    Payment of motor fuel tax moneys to municipalities and
11counties shall be made as soon as possible after the allotment
12is made. The treasurer of the municipality or county may
13invest these funds until their use is required and the
14interest earned by these investments shall be limited to the
15same uses as the principal funds.
16(Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19;
17101-493, eff. 8-23-19; revised 9-24-19.)
 
18    Section 10. The Counties Code is amended by changing and
19renumbering Section 5-1184, as added by Public Act 101-230, as
20follows:
 
21    (55 ILCS 5/5-1185)
22    Sec. 5-1185 5-1184. Dissolution of townships in McHenry
23County. If a township in McHenry County dissolves as provided
24in Article 24 of the Township Code, the county McHenry County

 

 

HB3599- 15 -LRB102 14049 AWJ 19401 b

1shall assume the powers, duties, and obligations of each
2dissolved township as provided in Article 24 of the Township
3Code.
4(Source: P.A. 101-230, eff. 8-9-19; revised 10-7-19.)
 
5    Section 15. The Township Code is amended by changing the
6heading of Article 24 and Sections 24-10, 24-15, 24-20, 24-30,
7and 24-35 as follows:
 
8    (60 ILCS 1/Art. 24 heading)
9
ARTICLE 24. DISSOLUTION OF
10
TOWNSHIPS IN MCHENRY COUNTY
11(Source: P.A. 101-230, eff. 8-9-19.)
 
12    (60 ILCS 1/24-10)
13    Sec. 24-10. Definition. As used in this Article,
14"electors" means the registered voters of any single township
15in a county under township organization McHenry County.
16(Source: P.A. 101-230, eff. 8-9-19.)
 
17    (60 ILCS 1/24-15)
18    Sec. 24-15. Dissolving a township in McHenry County. By
19resolution, the board of trustees of a any township located in
20McHenry County may submit a proposition to dissolve the
21township to the electors of that township at the election next
22following in accordance with the general election law. The

 

 

HB3599- 16 -LRB102 14049 AWJ 19401 b

1ballot shall be as provided for in Section 24-30.
2(Source: P.A. 101-230, eff. 8-9-19.)
 
3    (60 ILCS 1/24-20)
4    Sec. 24-20. Petition requirements; notice.
5    (a) Subject to the petition requirements of Section 28-3
6of the Election Code, petitions for a referendum to dissolve a
7township located in McHenry County must be filed with the
8governing board of the township, the county board of McHenry
9County, and the county clerk McHenry County Clerk not less
10than 122 days prior to any election held throughout the
11township. Petitions must include:
12        (1) the name of the dissolving township;
13        (2) the date of dissolution; and
14        (3) signatures of a number of electors as follows: (A)
15    for any township, the number of signatures shall be the
16    larger of (i) 5% of the total ballots cast in the township
17    in the immediately preceding election that is of an
18    election type comparable to the election for which the
19    petition is being filed, or (ii) 250 signatures. All
20    signatures gathered under this paragraph (3) must be
21    signed within 180 days prior to the filing of a petition.
22    (b) The proposed date of dissolution shall be at least 90
23days after the date of the election at which the referendum is
24to be voted upon.
25    (c) If a valid petition is filed under subsection (a),

 

 

HB3599- 17 -LRB102 14049 AWJ 19401 b

1then the county clerk McHenry County Clerk shall, by
2publication in one or more newspapers of general circulation
3within the county and on the county's website, not less than 90
4days prior to the election at which the referendum is to be
5voted on, give notice in substantially the following form:
 
6    NOTICE OF PETITION TO DISSOLVE (dissolving township).
7    Residents of (dissolving township) and (county) McHenry
8    County are notified that a petition has been filed with
9    (dissolving township) and (county) McHenry County
10    requesting a referendum to dissolve (dissolving township)
11    on (date of dissolution) with all real and personal
12    property, and any other assets, together with all
13    personnel, contractual obligations, and liabilities being
14    transferred to (county) McHenry County.
15(Source: P.A. 101-230, eff. 8-9-19.)
 
16    (60 ILCS 1/24-30)
17    Sec. 24-30. Referendum; voting.
18    (a) Subject to the requirements of Section 16-7 of the
19Election Code, the referendum described in Section 24-25 shall
20be in substantially the following form on the ballot:
21--------
22    Shall the (dissolving
23township), together with any road
24districts wholly within the                   YES

 

 

HB3599- 18 -LRB102 14049 AWJ 19401 b

1boundaries of (dissolving
2township), be dissolved on (date          --------------
3of dissolution) with all of
4the township and road district
5property, assets, personnel,                   NO
6obligations, and liabilities being
7transferred to (county) McHenry County?
8-------------------------------------------------------------
9    (b) The referendum is approved when a majority of those
10voting in the election from the dissolving township approve
11the referendum.
12(Source: P.A. 101-230, eff. 8-9-19.)
 
13    (60 ILCS 1/24-35)
14    Sec. 24-35. Dissolution; transfer of rights and duties.
15When the dissolution of a township has been approved under
16Section 24-30:
17        (1) On or before the date of dissolution, all real and
18    personal property, and any other assets, together with all
19    personnel, contractual obligations, and liabilities of the
20    dissolving township and road districts wholly within the
21    boundaries of the dissolving township shall be transferred
22    to the county McHenry County. All funds of the dissolved
23    township and dissolved road districts shall be used solely
24    on behalf of the residents of the geographic area within
25    the boundaries of the dissolved township.

 

 

HB3599- 19 -LRB102 14049 AWJ 19401 b

1        After the transfer of property to the county under
2    this paragraph, all park land, cemetery land, buildings,
3    and facilities within the geographic area of the
4    dissolving township must be utilized for the primary
5    benefit of the geographic area of the dissolving township.
6    Proceeds from the sale of the park land, cemetery land,
7    buildings, or facilities after transfer to the county must
8    be utilized for the sole benefit of the geographic area of
9    the dissolved township.
10        (2) On the date of dissolution, the dissolving
11    township is dissolved.
12        (3) On and after the date of dissolution, all rights
13    and duties of the dissolved township may be exercised by
14    the county board McHenry County Board solely on behalf of
15    the residents of the geographic area within the boundaries
16    of the dissolved township. The duties that may be
17    exercised by the county include, but are not limited to,
18    the administration of a dissolved township's general
19    assistance program, maintenance and operation of a
20    dissolved township's cemeteries, and the county assessor
21    or county supervisor of assessments Chief County
22    Assessment officer of McHenry County exercising the duties
23    of the township assessor.
24        (4) The county board McHenry County Board shall not
25    extend a property tax levy that is greater than 90% of the
26    property tax levy extended by the dissolved township or

 

 

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1    road districts for the duties taken on by the county
2    McHenry County. This property tax levy may not be extended
3    outside the boundaries of the dissolved township. In all
4    subsequent years, this levy shall be bound by the
5    provisions of the Property Tax Extension Limitation Law.
6        A tax levy extended under this paragraph may be used
7    for the purposes allowed by the statute authorizing the
8    tax levy or to pay liabilities of the dissolved township
9    or dissolved road districts that were transferred to the
10    county under paragraph (1). The taxpayers within the
11    boundaries of the dissolved township are responsible to
12    pay any liabilities transferred to the county: the county
13    shall reduce spending within the boundaries of the former
14    township in the amount necessary to pay off any
15    liabilities transferred to the county under paragraph (1)
16    that are not covered by the assets enumerated in paragraph
17    (1) or taxes under this paragraph.
18        (5) All road districts wholly within the boundaries of
19    the dissolving township are dissolved on the date of
20    dissolution of the dissolving township, and all powers and
21    responsibilities of each road district are transferred to
22    the county McHenry County except as provided in paragraph
23    (6).
24        (6) The county board of McHenry County shall give
25    written notice to each municipality whose governing board
26    meets within the boundaries of a dissolving township that

 

 

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1    the municipality may make an offer, on or before 60 days
2    after the date of dissolution of the dissolving township,
3    that the municipality will assume all of the powers and
4    responsibilities of a road district or road districts
5    wholly inside the dissolving township. The notice shall be
6    sent to each municipality on or before 30 days after the
7    date of dissolution of the township. Any eligible
8    municipality may, with consent of its governing board,
9    make an offer to assume all of the powers and
10    responsibilities of the dissolving township's road
11    district or road districts. A municipality may offer to
12    assume the powers and responsibilities only for a limited
13    period of time. If one or more offers are received by the
14    county McHenry County on or before 60 days after the date
15    of dissolution of the dissolving township, the county
16    board of McHenry County shall select the best offer or
17    offers that the board determines would be in the best
18    interest and welfare of the affected resident population.
19    If no municipality makes an offer or if no satisfactory
20    offer is made, the powers and duties of the dissolving
21    township's road district or road districts are retained by
22    the county McHenry County. The municipality that assumes
23    the powers and duties of the dissolving township's road
24    district or road districts shall not extend a road
25    district property tax levy under Division 5 of Article 6
26    of the Illinois Highway Code that is greater than 90% of

 

 

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1    the road district property tax levy that was extended by
2    the county on behalf of the dissolving township's road
3    district or road districts for the duties taken on by the
4    municipality.
5        (7) On the date of dissolution of the township or road
6    district, elected and appointed township officers and road
7    commissioners shall cease to hold office. An elected or
8    appointed township official or township road commissioner
9    shall not be compensated for any other duties performed
10    after the dissolution of the township or road district
11    that they represented. An elected township official or
12    township road commissioner shall not have legal recourse
13    relating to the ceasing of their elected or appointed
14    positions upon the ceasing of their position.
15(Source: P.A. 101-230, eff. 8-9-19.)
 
16    Section 20. The Illinois Highway Code is amended by
17changing Section 6-140 as follows:
 
18    (605 ILCS 5/6-140)
19    Sec. 6-140. Abolishing a township road district within
20Lake County or McHenry County with less than 15 miles of roads.
21A Any township in Lake County or McHenry County shall abolish a
22road district of that township if the roads of the road
23district are less than 15 centerline miles in length, as
24determined by the county engineer or county superintendent of

 

 

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1highways. A road district is abolished on the expiration of
2the term of office of the highway commissioner of the road
3district facing abolition following the determination by the
4county engineer or county superintendent of highways of the
5length, in centerline mileage, of the roads within the road
6district to be abolished.
7    On the date of abolition: all the rights, powers, duties,
8assets, property, liabilities, obligations, and
9responsibilities of the road district shall by operation of
10law vest in and be assumed by the township; the township board
11of trustees shall assume all taxing authority of a road
12district abolished under this Section and shall exercise all
13duties and responsibilities of the highway commissioner as
14provided in this Code; and for purposes of distribution of
15revenue, the township shall assume the powers, duties, and
16obligations of the road district. The township board of
17trustees may enter into a contract with the county, a
18municipality, or a private contractor to administer the roads
19added to its jurisdiction under this Section.
20(Source: P.A. 101-230, eff. 8-9-19.)
 
21    (605 ILCS 5/6-135 rep.)
22    Section 25. The Illinois Highway Code is amended by
23repealing Section 6-135.
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.