Illinois General Assembly - Full Text of HB4828
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Full Text of HB4828  102nd General Assembly

HB4828 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4828

 

Introduced 1/27/2022, by Rep. Suzanne Ness

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/28-7  from Ch. 46, par. 28-7
35 ILCS 505/8  from Ch. 120, par. 424
55 ILCS 5/5-1185 rep.
60 ILCS 1/Art. 24 rep.

    Repeals the Dissolution of Townships in McHenry County Article of the Township Code. Amends the Election Code, Motor Fuel Tax Law, and the Counties Code making conforming changes.


LRB102 24424 AWJ 33658 b

 

 

A BILL FOR

 

HB4828LRB102 24424 AWJ 33658 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 Election Code is amended by changing
5Section 28-7 as follows:
 
6    (10 ILCS 5/28-7)  (from Ch. 46, par. 28-7)
7    Sec. 28-7. In Except as provided in Article 24 of the
8Township Code, in any case in which Article VII or paragraph
9(a) of Section 5 of the Transition Schedule of the
10Constitution authorizes any action to be taken by or with
11respect to any unit of local government, as defined in Section
121 of Article VII of the Constitution, by or subject to approval
13by referendum, any such public question shall be initiated in
14accordance with this Section.
15    Any such public question may be initiated by the governing
16body of the unit of local government by resolution or by the
17filing with the clerk or secretary of the governmental unit of
18a petition signed by a number of qualified electors equal to or
19greater than at least 8% of the total votes cast for candidates
20for Governor in the preceding gubernatorial election,
21requesting the submission of the proposal for such action to
22the voters of the governmental unit at a regular election.
23    If the action to be taken requires a referendum involving

 

 

HB4828- 2 -LRB102 24424 AWJ 33658 b

12 or more units of local government, the proposal shall be
2submitted to the voters of such governmental units by the
3election authorities with jurisdiction over the territory of
4the governmental units. Such multi-unit proposals may be
5initiated by appropriate resolutions by the respective
6governing bodies or by petitions of the voters of the several
7governmental units filed with the respective clerks or
8secretaries.
9    This Section is intended to provide a method of submission
10to referendum in all cases of proposals for actions which are
11authorized by Article VII of the Constitution by or subject to
12approval by referendum and supersedes any conflicting
13statutory provisions, except those contained in Division 2-5
14of the Counties Code or Article 24 of the Township Code.
15    Referenda provided for in this Section may not be held
16more than once in any 23-month period on the same proposition,
17provided that in any municipality a referendum to elect not to
18be a home rule unit may be held only once within any 47-month
19period.
20(Source: P.A. 100-863, eff. 8-14-18; 101-230, eff. 8-9-19.)
 
21    Section 10. The Motor Fuel Tax Law is amended by changing
22Section 8 as follows:
 
23    (35 ILCS 505/8)  (from Ch. 120, par. 424)
24    Sec. 8. Except as provided in subsection (a-1) of this

 

 

HB4828- 3 -LRB102 24424 AWJ 33658 b

1Section, Section 8a, subdivision (h)(1) of Section 12a,
2Section 13a.6, and items 13, 14, 15, and 16 of Section 15, all
3money received by the Department under this Act, including
4payments made to the Department by member jurisdictions
5participating in the International Fuel Tax Agreement, shall
6be deposited in a special fund in the State treasury, to be
7known as the "Motor Fuel Tax Fund", and shall be used as
8follows:
9    (a) 2 1/2 cents per gallon of the tax collected on special
10fuel under paragraph (b) of Section 2 and Section 13a of this
11Act shall be transferred to the State Construction Account
12Fund in the State Treasury; the remainder of the tax collected
13on special fuel under paragraph (b) of Section 2 and Section
1413a of this Act shall be deposited into the Road Fund;
15    (a-1) Beginning on July 1, 2019, an amount equal to the
16amount of tax collected under subsection (a) of Section 2 as a
17result of the increase in the tax rate under Public Act 101-32
18shall be transferred each month into the Transportation
19Renewal Fund;
20    (b) $420,000 shall be transferred each month to the State
21Boating Act Fund to be used by the Department of Natural
22Resources for the purposes specified in Article X of the Boat
23Registration and Safety Act;
24    (c) $3,500,000 shall be transferred each month to the
25Grade Crossing Protection Fund to be used as follows: not less
26than $12,000,000 each fiscal year shall be used for the

 

 

HB4828- 4 -LRB102 24424 AWJ 33658 b

1construction or reconstruction of rail highway grade
2separation structures; $2,250,000 in fiscal years 2004 through
32009 and $3,000,000 in fiscal year 2010 and each fiscal year
4thereafter shall be transferred to the Transportation
5Regulatory Fund and shall be accounted for as part of the rail
6carrier portion of such funds and shall be used to pay the cost
7of administration of the Illinois Commerce Commission's
8railroad safety program in connection with its duties under
9subsection (3) of Section 18c-7401 of the Illinois Vehicle
10Code, with the remainder to be used by the Department of
11Transportation upon order of the Illinois Commerce Commission,
12to pay that part of the cost apportioned by such Commission to
13the State to cover the interest of the public in the use of
14highways, roads, streets, or pedestrian walkways in the county
15highway system, township and district road system, or
16municipal street system as defined in the Illinois Highway
17Code, as the same may from time to time be amended, for
18separation of grades, for installation, construction or
19reconstruction of crossing protection or reconstruction,
20alteration, relocation including construction or improvement
21of any existing highway necessary for access to property or
22improvement of any grade crossing and grade crossing surface
23including the necessary highway approaches thereto of any
24railroad across the highway or public road, or for the
25installation, construction, reconstruction, or maintenance of
26safety treatments to deter trespassing or a pedestrian walkway

 

 

HB4828- 5 -LRB102 24424 AWJ 33658 b

1over or under a railroad right-of-way, as provided for in and
2in accordance with Section 18c-7401 of the Illinois Vehicle
3Code. The Commission may order up to $2,000,000 per year in
4Grade Crossing Protection Fund moneys for the improvement of
5grade crossing surfaces and up to $300,000 per year for the
6maintenance and renewal of 4-quadrant gate vehicle detection
7systems located at non-high speed rail grade crossings. In
8entering orders for projects for which payments from the Grade
9Crossing Protection Fund will be made, the Commission shall
10account for expenditures authorized by the orders on a cash
11rather than an accrual basis. For purposes of this requirement
12an "accrual basis" assumes that the total cost of the project
13is expended in the fiscal year in which the order is entered,
14while a "cash basis" allocates the cost of the project among
15fiscal years as expenditures are actually made. To meet the
16requirements of this subsection, the Illinois Commerce
17Commission shall develop annual and 5-year project plans of
18rail crossing capital improvements that will be paid for with
19moneys from the Grade Crossing Protection Fund. The annual
20project plan shall identify projects for the succeeding fiscal
21year and the 5-year project plan shall identify projects for
22the 5 directly succeeding fiscal years. The Commission shall
23submit the annual and 5-year project plans for this Fund to the
24Governor, the President of the Senate, the Senate Minority
25Leader, the Speaker of the House of Representatives, and the
26Minority Leader of the House of Representatives on the first

 

 

HB4828- 6 -LRB102 24424 AWJ 33658 b

1Wednesday in April of each year;
2    (d) of the amount remaining after allocations provided for
3in subsections (a), (a-1), (b), and (c), a sufficient amount
4shall be reserved to pay all of the following:
5        (1) the costs of the Department of Revenue in
6    administering this Act;
7        (2) the costs of the Department of Transportation in
8    performing its duties imposed by the Illinois Highway Code
9    for supervising the use of motor fuel tax funds
10    apportioned to municipalities, counties and road
11    districts;
12        (3) refunds provided for in Section 13, refunds for
13    overpayment of decal fees paid under Section 13a.4 of this
14    Act, and refunds provided for under the terms of the
15    International Fuel Tax Agreement referenced in Section
16    14a;
17        (4) from October 1, 1985 until June 30, 1994, the
18    administration of the Vehicle Emissions Inspection Law,
19    which amount shall be certified monthly by the
20    Environmental Protection Agency to the State Comptroller
21    and shall promptly be transferred by the State Comptroller
22    and Treasurer from the Motor Fuel Tax Fund to the Vehicle
23    Inspection Fund, and for the period July 1, 1994 through
24    June 30, 2000, one-twelfth of $25,000,000 each month, for
25    the period July 1, 2000 through June 30, 2003, one-twelfth
26    of $30,000,000 each month, and $15,000,000 on July 1,

 

 

HB4828- 7 -LRB102 24424 AWJ 33658 b

1    2003, and $15,000,000 on January 1, 2004, and $15,000,000
2    on each July 1 and October 1, or as soon thereafter as may
3    be practical, during the period July 1, 2004 through June
4    30, 2012, and $30,000,000 on June 1, 2013, or as soon
5    thereafter as may be practical, and $15,000,000 on July 1
6    and October 1, or as soon thereafter as may be practical,
7    during the period of July 1, 2013 through June 30, 2015,
8    for the administration of the Vehicle Emissions Inspection
9    Law of 2005, to be transferred by the State Comptroller
10    and Treasurer from the Motor Fuel Tax Fund into the
11    Vehicle Inspection Fund;
12        (4.5) beginning on July 1, 2019, the costs of the
13    Environmental Protection Agency for the administration of
14    the Vehicle Emissions Inspection Law of 2005 shall be
15    paid, subject to appropriation, from the Motor Fuel Tax
16    Fund into the Vehicle Inspection Fund; beginning in 2019,
17    no later than December 31 of each year, or as soon
18    thereafter as practical, the State Comptroller shall
19    direct and the State Treasurer shall transfer from the
20    Vehicle Inspection Fund to the Motor Fuel Tax Fund any
21    balance remaining in the Vehicle Inspection Fund in excess
22    of $2,000,000;
23        (5) amounts ordered paid by the Court of Claims; and
24        (6) payment of motor fuel use taxes due to member
25    jurisdictions under the terms of the International Fuel
26    Tax Agreement. The Department shall certify these amounts

 

 

HB4828- 8 -LRB102 24424 AWJ 33658 b

1    to the Comptroller by the 15th day of each month; the
2    Comptroller shall cause orders to be drawn for such
3    amounts, and the Treasurer shall administer those amounts
4    on or before the last day of each month;
5    (e) after allocations for the purposes set forth in
6subsections (a), (a-1), (b), (c), and (d), the remaining
7amount shall be apportioned as follows:
8        (1) Until January 1, 2000, 58.4%, and beginning
9    January 1, 2000, 45.6% shall be deposited as follows:
10            (A) 37% into the State Construction Account Fund,
11        and
12            (B) 63% into the Road Fund, $1,250,000 of which
13        shall be reserved each month for the Department of
14        Transportation to be used in accordance with the
15        provisions of Sections 6-901 through 6-906 of the
16        Illinois Highway Code;
17        (2) Until January 1, 2000, 41.6%, and beginning
18    January 1, 2000, 54.4% shall be transferred to the
19    Department of Transportation to be distributed as follows:
20            (A) 49.10% to the municipalities of the State,
21            (B) 16.74% to the counties of the State having
22        1,000,000 or more inhabitants,
23            (C) 18.27% to the counties of the State having
24        less than 1,000,000 inhabitants,
25            (D) 15.89% to the road districts of the State.
26        If a township is dissolved under Article 24 of the

 

 

HB4828- 9 -LRB102 24424 AWJ 33658 b

1    Township Code, McHenry County shall receive any moneys
2    that would have been distributed to the township under
3    this subparagraph, except that a municipality that assumes
4    the powers and responsibilities of a road district under
5    paragraph (6) of Section 24-35 of the Township Code shall
6    receive any moneys that would have been distributed to the
7    township in a percent equal to the area of the dissolved
8    road district or portion of the dissolved road district
9    over which the municipality assumed the powers and
10    responsibilities compared to the total area of the
11    dissolved township. The moneys received under this
12    subparagraph shall be used in the geographic area of the
13    dissolved township. If a township is reconstituted as
14    provided under Section 24-45 of the Township Code, McHenry
15    County or a municipality shall no longer be distributed
16    moneys under this subparagraph.
17    As soon as may be after the first day of each month, the
18Department of Transportation shall allot to each municipality
19its share of the amount apportioned to the several
20municipalities which shall be in proportion to the population
21of such municipalities as determined by the last preceding
22municipal census if conducted by the Federal Government or
23Federal census. If territory is annexed to any municipality
24subsequent to the time of the last preceding census the
25corporate authorities of such municipality may cause a census
26to be taken of such annexed territory and the population so

 

 

HB4828- 10 -LRB102 24424 AWJ 33658 b

1ascertained for such territory shall be added to the
2population of the municipality as determined by the last
3preceding census for the purpose of determining the allotment
4for that municipality. If the population of any municipality
5was not determined by the last Federal census preceding any
6apportionment, the apportionment to such municipality shall be
7in accordance with any census taken by such municipality. Any
8municipal census used in accordance with this Section shall be
9certified to the Department of Transportation by the clerk of
10such municipality, and the accuracy thereof shall be subject
11to approval of the Department which may make such corrections
12as it ascertains to be necessary.
13    As soon as may be after the first day of each month, the
14Department of Transportation shall allot to each county its
15share of the amount apportioned to the several counties of the
16State as herein provided. Each allotment to the several
17counties having less than 1,000,000 inhabitants shall be in
18proportion to the amount of motor vehicle license fees
19received from the residents of such counties, respectively,
20during the preceding calendar year. The Secretary of State
21shall, on or before April 15 of each year, transmit to the
22Department of Transportation a full and complete report
23showing the amount of motor vehicle license fees received from
24the residents of each county, respectively, during the
25preceding calendar year. The Department of Transportation
26shall, each month, use for allotment purposes the last such

 

 

HB4828- 11 -LRB102 24424 AWJ 33658 b

1report received from the Secretary of State.
2    As soon as may be after the first day of each month, the
3Department of Transportation shall allot to the several
4counties their share of the amount apportioned for the use of
5road districts. The allotment shall be apportioned among the
6several counties in the State in the proportion which the
7total mileage of township or district roads in the respective
8counties bears to the total mileage of all township and
9district roads in the State. Funds allotted to the respective
10counties for the use of road districts therein shall be
11allocated to the several road districts in the county in the
12proportion which the total mileage of such township or
13district roads in the respective road districts bears to the
14total mileage of all such township or district roads in the
15county. After July 1 of any year prior to 2011, no allocation
16shall be made for any road district unless it levied a tax for
17road and bridge purposes in an amount which will require the
18extension of such tax against the taxable property in any such
19road district at a rate of not less than either .08% of the
20value thereof, based upon the assessment for the year
21immediately prior to the year in which such tax was levied and
22as equalized by the Department of Revenue or, in DuPage
23County, an amount equal to or greater than $12,000 per mile of
24road under the jurisdiction of the road district, whichever is
25less. Beginning July 1, 2011 and each July 1 thereafter, an
26allocation shall be made for any road district if it levied a

 

 

HB4828- 12 -LRB102 24424 AWJ 33658 b

1tax for road and bridge purposes. In counties other than
2DuPage County, if the amount of the tax levy requires the
3extension of the tax against the taxable property in the road
4district at a rate that is less than 0.08% of the value
5thereof, based upon the assessment for the year immediately
6prior to the year in which the tax was levied and as equalized
7by the Department of Revenue, then the amount of the
8allocation for that road district shall be a percentage of the
9maximum allocation equal to the percentage obtained by
10dividing the rate extended by the district by 0.08%. In DuPage
11County, if the amount of the tax levy requires the extension of
12the tax against the taxable property in the road district at a
13rate that is less than the lesser of (i) 0.08% of the value of
14the taxable property in the road district, based upon the
15assessment for the year immediately prior to the year in which
16such tax was levied and as equalized by the Department of
17Revenue, or (ii) a rate that will yield an amount equal to
18$12,000 per mile of road under the jurisdiction of the road
19district, then the amount of the allocation for the road
20district shall be a percentage of the maximum allocation equal
21to the percentage obtained by dividing the rate extended by
22the district by the lesser of (i) 0.08% or (ii) the rate that
23will yield an amount equal to $12,000 per mile of road under
24the jurisdiction of the road district.
25    Prior to 2011, if any road district has levied a special
26tax for road purposes pursuant to Sections 6-601, 6-602, and

 

 

HB4828- 13 -LRB102 24424 AWJ 33658 b

16-603 of the Illinois Highway Code, and such tax was levied in
2an amount which would require extension at a rate of not less
3than .08% of the value of the taxable property thereof, as
4equalized or assessed by the Department of Revenue, or, in
5DuPage County, an amount equal to or greater than $12,000 per
6mile of road under the jurisdiction of the road district,
7whichever is less, such levy shall, however, be deemed a
8proper compliance with this Section and shall qualify such
9road district for an allotment under this Section. Beginning
10in 2011 and thereafter, if any road district has levied a
11special tax for road purposes under Sections 6-601, 6-602, and
126-603 of the Illinois Highway Code, and the tax was levied in
13an amount that would require extension at a rate of not less
14than 0.08% of the value of the taxable property of that road
15district, as equalized or assessed by the Department of
16Revenue or, in DuPage County, an amount equal to or greater
17than $12,000 per mile of road under the jurisdiction of the
18road district, whichever is less, that levy shall be deemed a
19proper compliance with this Section and shall qualify such
20road district for a full, rather than proportionate, allotment
21under this Section. If the levy for the special tax is less
22than 0.08% of the value of the taxable property, or, in DuPage
23County if the levy for the special tax is less than the lesser
24of (i) 0.08% or (ii) $12,000 per mile of road under the
25jurisdiction of the road district, and if the levy for the
26special tax is more than any other levy for road and bridge

 

 

HB4828- 14 -LRB102 24424 AWJ 33658 b

1purposes, then the levy for the special tax qualifies the road
2district for a proportionate, rather than full, allotment
3under this Section. If the levy for the special tax is equal to
4or less than any other levy for road and bridge purposes, then
5any allotment under this Section shall be determined by the
6other levy for road and bridge purposes.
7    Prior to 2011, if a township has transferred to the road
8and bridge fund money which, when added to the amount of any
9tax levy of the road district would be the equivalent of a tax
10levy requiring extension at a rate of at least .08%, or, in
11DuPage County, an amount equal to or greater than $12,000 per
12mile of road under the jurisdiction of the road district,
13whichever is less, such transfer, together with any such tax
14levy, shall be deemed a proper compliance with this Section
15and shall qualify the road district for an allotment under
16this Section.
17    In counties in which a property tax extension limitation
18is imposed under the Property Tax Extension Limitation Law,
19road districts may retain their entitlement to a motor fuel
20tax allotment or, beginning in 2011, their entitlement to a
21full allotment if, at the time the property tax extension
22limitation was imposed, the road district was levying a road
23and bridge tax at a rate sufficient to entitle it to a motor
24fuel tax allotment and continues to levy the maximum allowable
25amount after the imposition of the property tax extension
26limitation. Any road district may in all circumstances retain

 

 

HB4828- 15 -LRB102 24424 AWJ 33658 b

1its entitlement to a motor fuel tax allotment or, beginning in
22011, its entitlement to a full allotment if it levied a road
3and bridge tax in an amount that will require the extension of
4the tax against the taxable property in the road district at a
5rate of not less than 0.08% of the assessed value of the
6property, based upon the assessment for the year immediately
7preceding the year in which the tax was levied and as equalized
8by the Department of Revenue or, in DuPage County, an amount
9equal to or greater than $12,000 per mile of road under the
10jurisdiction of the road district, whichever is less.
11    As used in this Section, the term "road district" means
12any road district, including a county unit road district,
13provided for by the Illinois Highway Code; and the term
14"township or district road" means any road in the township and
15district road system as defined in the Illinois Highway Code.
16For the purposes of this Section, "township or district road"
17also includes such roads as are maintained by park districts,
18forest preserve districts and conservation districts. The
19Department of Transportation shall determine the mileage of
20all township and district roads for the purposes of making
21allotments and allocations of motor fuel tax funds for use in
22road districts.
23    Payment of motor fuel tax moneys to municipalities and
24counties shall be made as soon as possible after the allotment
25is made. The treasurer of the municipality or county may
26invest these funds until their use is required and the

 

 

HB4828- 16 -LRB102 24424 AWJ 33658 b

1interest earned by these investments shall be limited to the
2same uses as the principal funds.
3(Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19;
4101-493, eff. 8-23-19; 102-16, eff. 6-17-21; 102-558, eff.
58-20-21.)
 
6    (55 ILCS 5/5-1185 rep.)
7    Section 15. The Counties Code is amended by repealing
8Section 5-1185.
 
9    (60 ILCS 1/Art. 24 rep.)
10    Section 20. The Township Code is amended by repealing
11Article 24.