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 | |
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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.
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| | A BILL FOR |
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| | | SB2593 | | LRB100 18486 LNS 33702 b |
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| 1 | | AN ACT concerning transportation.
| 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 changing | 5 | | Sections 6-134 and 6-135 as follows: | 6 | | (605 ILCS 5/6-134) | 7 | | Sec. 6-134. Abolishing a road district. By resolution, the | 8 | | board of trustees of any township located in a county with less | 9 | | than 3,000,000 inhabitants may submit a proposition to abolish | 10 | | the road district of that township to the electors of that | 11 | | township at a general election or consolidated election in | 12 | | accordance with the general election law. The ballot shall be | 13 | | in substantially the following form: | |
14 | | --------- | | |
15 | | Shall the Road District of the Township of | | | |
16 | | ........... be abolished with all the rights, | YES | | |
17 | | powers, duties, assets, property, liabilities, | |
18 | | obligations, and responsibilities being assumed | --------- | | |
19 | | by the Township of ........... ? | NO | | |
20 | | --------- | |
| 21 | | Before a township may submit a proposition to abolish a |
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| 1 | | road district under this Section, the township shall prepare, | 2 | | through an independent entity, a cost study demonstrating that | 3 | | the abolishment is cost efficient. If the cost study finds that | 4 | | the abolishment is not cost efficient, the township may not | 5 | | submit a proposition under this Section. In this Section, | 6 | | "independent entity" means a consulting firm with experience in | 7 | | economics and local government finance that does not have an | 8 | | existing agreement for services in the township or with the | 9 | | county in which the township is located. | 10 | | In the event that a majority of the electors voting on such | 11 | | proposition are in favor thereof, then the road district shall | 12 | | be abolished by operation of law effective 90 days after vote | 13 | | certification by the governing election authority or on the | 14 | | date the term of the highway commissioner in office at the time | 15 | | the proposition was approved by the electors expires, whichever | 16 | | is later. | 17 | | On that date, all the rights, powers, duties, assets, | 18 | | property, liabilities, obligations, and responsibilities of | 19 | | the road district shall by operation of law vest in and be | 20 | | assumed by the township. On that date, the township board of | 21 | | trustees shall assume all taxing authority of a road district | 22 | | abolished under this Section. On that date, any highway | 23 | | commissioner of the abolished road district shall cease to hold | 24 | | office, such term having been terminated. Thereafter, the | 25 | | township shall exercise all duties and responsibilities of the | 26 | | highway commissioner as provided in the Illinois Highway Code. |
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| 1 | | The township board of trustees may enter into a contract with | 2 | | the county, a municipality, or a private contractor to | 3 | | administer the roads under its jurisdiction. The township board | 4 | | of trustees shall assume all taxing authority of a township | 5 | | road district abolished under this subsection. For purposes of | 6 | | distribution of revenue, the township shall assume the powers, | 7 | | duties, 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 | 11 | | miles of roads. | 12 | | (a) Any township in a county with a population less than | 13 | | 3,000,000 may abolish a road district of that township if the | 14 | | roads of the road district are less than 15 miles in length, as | 15 | | determined by the county engineer or county superintendent of | 16 | | highways, by resolution of a majority of the board of trustees | 17 | | to submit a referendum to abolish the road district of that | 18 | | township. The referendum shall be submitted to the electors of | 19 | | that township at the next general election or consolidated | 20 | | election in accordance with the general election law. The | 21 | | ballot 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 | | |
25 | | powers, duties, assets, property, liabilities, | |
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| 1 | | obligations, and responsibilities being assumed | -------- | | |
2 | | by the Township of ........... ? | NO | | |
3 | | -------- | |
| 4 | | (a-5) Before a township may submit a referendum to abolish | 5 | | a road district under subsection (a), the township shall | 6 | | prepare, through an independent entity, a cost study | 7 | | demonstrating that the abolishment is cost efficient on the | 8 | | date of abolishment. If the cost study finds that the | 9 | | abolishment is not cost efficient, the township may not submit | 10 | | a referendum under subsection (a). For purposes of this | 11 | | subsection, "independent entity" means a consulting firm with | 12 | | experience in economics and local government finance that does | 13 | | not have an existing agreement for services in the township or | 14 | | with the county in which the township is located. | 15 | | (b) If a majority of the electors voting on the referendum | 16 | | under subsection (a) of this Section are in favor of abolishing | 17 | | the township road district, then the road district is abolished | 18 | | on the January 1 following the approval of the referendum or on | 19 | | the date the term of the highway commissioner in office at the | 20 | | time the referendum was approved expires, whichever is later. | 21 | | On the date of abolishment: all the rights, powers, duties, | 22 | | assets, property, liabilities, obligations, and | 23 | | responsibilities of the road district shall by operation of law | 24 | | vest in and be assumed by the township; the township board of | 25 | | trustees shall assume all taxing authority of a road district | 26 | | abolished under this Section; any highway commissioner of the |
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| 1 | | abolished road district shall cease to hold office; the | 2 | | township shall exercise all duties and responsibilities of the | 3 | | highway commissioner as provided in the Illinois Highway Code; | 4 | | and for purposes of distribution of revenue, the township shall | 5 | | assume the powers, duties, and obligations of the road | 6 | | district. The township board of trustees may enter into a | 7 | | contract with the county, a municipality, or a private | 8 | | contractor to administer the roads added to its jurisdiction | 9 | | under this Section.
| 10 | | (Source: P.A. 100-107, eff. 1-1-18 .)
| 11 | | Section 99. Effective date. This Act takes effect January | 12 | | 1, 2019.
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