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Full Text of SB2593  100th General Assembly

SB2593 100TH GENERAL ASSEMBLY

  
  
 

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2593

 

Introduced 2/7/2018, by Sen. Chapin Rose - Pamela J. Althoff

 

SYNOPSIS AS INTRODUCED:
 
605 ILCS 5/6-134
605 ILCS 5/6-135

    Amends the Illinois Highway Code. Provides that before a township may submit a proposition or referendum to abolish a road district under the Code, the township shall prepare, through an independent entity, a cost study demonstrating that the abolishment is cost efficient. Provides that if a cost study finds that the abolishment is not cost efficient, the township may not submit a proposition. Defines "independent entity". Effective January 1, 2019.


LRB100 18486 LNS 33702 b

 

 

A BILL FOR

 

SB2593LRB100 18486 LNS 33702 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Highway Code is amended by changing
5Sections 6-134 and 6-135 as follows:
 
6    (605 ILCS 5/6-134)
7    Sec. 6-134. Abolishing a road district. By resolution, the
8board of trustees of any township located in a county with less
9than 3,000,000 inhabitants may submit a proposition to abolish
10the road district of that township to the electors of that
11township at a general election or consolidated election in
12accordance with the general election law. The ballot shall be
13in substantially the following form:
 
14---------
15    Shall the Road District of the Township of
16........... be abolished with all the rights,YES
17powers, duties, assets, property, liabilities,
18obligations, and responsibilities being assumed ---------
19by the Township of ........... ? NO
20---------
21    Before a township may submit a proposition to abolish a

 

 

SB2593- 2 -LRB100 18486 LNS 33702 b

1road district under this Section, the township shall prepare,
2through an independent entity, a cost study demonstrating that
3the abolishment is cost efficient. If the cost study finds that
4the abolishment is not cost efficient, the township may not
5submit a proposition under this Section. In this Section,
6"independent entity" means a consulting firm with experience in
7economics and local government finance that does not have an
8existing agreement for services in the township or with the
9county in which the township is located.
10    In the event that a majority of the electors voting on such
11proposition are in favor thereof, then the road district shall
12be abolished by operation of law effective 90 days after vote
13certification by the governing election authority or on the
14date the term of the highway commissioner in office at the time
15the proposition was approved by the electors expires, whichever
16is later.
17    On that date, all the rights, powers, duties, assets,
18property, liabilities, obligations, and responsibilities of
19the road district shall by operation of law vest in and be
20assumed by the township. On that date, the township board of
21trustees shall assume all taxing authority of a road district
22abolished under this Section. On that date, any highway
23commissioner of the abolished road district shall cease to hold
24office, such term having been terminated. Thereafter, the
25township shall exercise all duties and responsibilities of the
26highway commissioner as provided in the Illinois Highway Code.

 

 

SB2593- 3 -LRB100 18486 LNS 33702 b

1The township board of trustees may enter into a contract with
2the county, a municipality, or a private contractor to
3administer the roads under its jurisdiction. The township board
4of trustees shall assume all taxing authority of a township
5road district abolished under this subsection. For purposes of
6distribution of revenue, the township shall assume the powers,
7duties, and obligations of the road district.
8(Source: P.A. 100-106, eff. 1-1-18.)
 
9    (605 ILCS 5/6-135)
10    Sec. 6-135. Abolishing a road district with less than 15
11miles of roads.
12    (a) Any township in a county with a population less than
133,000,000 may abolish a road district of that township if the
14roads of the road district are less than 15 miles in length, as
15determined by the county engineer or county superintendent of
16highways, by resolution of a majority of the board of trustees
17to submit a referendum to abolish the road district of that
18township. The referendum shall be submitted to the electors of
19that township at the next general election or consolidated
20election in accordance with the general election law. The
21ballot shall be in substantially the following form:
22--------
23    Shall the Road District of the Township of
24........... be abolished with all the rights,YES
25powers, duties, assets, property, liabilities,

 

 

SB2593- 4 -LRB100 18486 LNS 33702 b

1obligations, and responsibilities being assumed --------
2by the Township of ........... ?NO
3--------
4    (a-5) Before a township may submit a referendum to abolish
5a road district under subsection (a), the township shall
6prepare, through an independent entity, a cost study
7demonstrating that the abolishment is cost efficient on the
8date of abolishment. If the cost study finds that the
9abolishment is not cost efficient, the township may not submit
10a referendum under subsection (a). For purposes of this
11subsection, "independent entity" means a consulting firm with
12experience in economics and local government finance that does
13not have an existing agreement for services in the township or
14with the county in which the township is located.
15    (b) If a majority of the electors voting on the referendum
16under subsection (a) of this Section are in favor of abolishing
17the township road district, then the road district is abolished
18on the January 1 following the approval of the referendum or on
19the date the term of the highway commissioner in office at the
20time the referendum was approved expires, whichever is later.
21    On the date of abolishment: all the rights, powers, duties,
22assets, property, liabilities, obligations, and
23responsibilities of the road district shall by operation of law
24vest in and be assumed by the township; the township board of
25trustees shall assume all taxing authority of a road district
26abolished under this Section; any highway commissioner of the

 

 

SB2593- 5 -LRB100 18486 LNS 33702 b

1abolished road district shall cease to hold office; the
2township shall exercise all duties and responsibilities of the
3highway commissioner as provided in the Illinois Highway Code;
4and for purposes of distribution of revenue, the township shall
5assume the powers, duties, and obligations of the road
6district. The township board of trustees may enter into a
7contract with the county, a municipality, or a private
8contractor to administer the roads added to its jurisdiction
9under this Section.
10(Source: P.A. 100-107, eff. 1-1-18.)
 
11    Section 99. Effective date. This Act takes effect January
121, 2019.