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Illinois Compiled Statutes
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COUNTIES (55 ILCS 5/) Counties Code. 55 ILCS 5/Div. 6-28
(55 ILCS 5/Div. 6-28 heading)
Division 6-28.
County Highway Working Cash Fund
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55 ILCS 5/6-28001
(55 ILCS 5/6-28001) (from Ch. 34, par. 6-28001)
Sec. 6-28001.
County highway working cash fund in counties of 500,000
or more. In each county in this State having a population of 500,000 or
more inhabitants a fund to be known as a county highway working cash fund
may be created, set apart, maintained and administered in the manner
prescribed in this Division for the purpose of enabling such county to have
in its treasury at all times sufficient money to meet demands thereon for
ordinary and necessary expenditures for county highway purposes.
(Source: P.A. 86-962.)
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55 ILCS 5/6-28002
(55 ILCS 5/6-28002) (from Ch. 34, par. 6-28002)
Sec. 6-28002.
Bond issue.
For the purpose of creating such fund any
such county by resolution of its county board may incur an indebtedness and
issue bonds therefor in an amount or amounts not exceeding in the aggregate
$1,000,000 in addition to bonds in the amount of $1,600,000 heretofore
authorized and issued for that purpose. Such bonds shall bear interest at a
rate of not more than the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
and shall mature within 20 years from the date
thereof. The county board may provide that the resolution or resolutions
authorizing the issue of such bonds shall be operative, effective and valid
without the submission thereof to the voters of such county by approval in
accordance with the requirements of Section 5-1008. The county
board of such county shall, before or at the time of issuing such bonds,
provide for the collection of a direct annual tax upon all the taxable
property of such county sufficient to pay and discharge the principal
thereof at maturity and to pay the interest thereon as it falls due.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Division or "An Act
to provide for the creation, setting apart, maintenance and administration
of a county highway working cash fund in counties having a population of
five hundred thousand or more inhabitants, and providing for a penalty",
approved August 8, 1947, that may appear to be or to have been more
restrictive than those Acts, (ii) that the provisions of this Section or
its predecessor are not a limitation on the supplementary authority granted
by the Omnibus Bond Acts, and (iii) that instruments issued under this
Section or its predecessor within the supplementary authority granted by
the Omnibus Bond Acts are not invalid because of any provision of this
Division or "An Act to provide for the creation, setting apart,
maintenance and administration of a county highway working cash fund in
counties having a population of five hundred thousand or more inhabitants,
and providing for a penalty", approved August 8, 1947, that may
appear to be or to have been more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
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55 ILCS 5/6-28003
(55 ILCS 5/6-28003) (from Ch. 34, par. 6-28003)
Sec. 6-28003.
Annual tax for highway working cash fund.
For
the purpose of providing moneys for such fund, the county board
of any such county shall also have power to levy annually, beginning with
the year 1948, and continuing for the next year upon all the taxable
property of such county a tax of not to exceed $200,000. The collection of
any such tax shall not be anticipated by the issuance of any warrants drawn
against the same. Such tax shall be levied and collected, except as herein
otherwise provided, in like manner with the general taxes of such county.
It shall be known as the county highway working cash fund tax, and shall be
within the present tax rate for highway purposes which such county is now,
or may hereafter be, authorized by law to levy upon the aggregate valuation
of all taxable property within such county. Said tax may be levied by
separate resolution on or before the third Tuesday in September in each
year, for the purpose herein authorized, without any appropriation thereof
being made in the resolution termed the annual appropriations bill, or
otherwise.
(Source: P.A. 86-962.)
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55 ILCS 5/6-28004
(55 ILCS 5/6-28004) (from Ch. 34, par. 6-28004)
Sec. 6-28004.
Purpose for which proceeds of bond issue and
working cash fund may be used; transfer of funds. All
moneys received from the issuance of bonds as herein
authorized or from any tax levied pursuant to the authority granted by
this Division, shall be set apart in the county highway working cash fund by
the county treasurer and shall be used for the purposes and in the
manner hereinafter provided. Such fund, and the moneys therein, shall
not be regarded as current assets available for appropriation and shall
not be appropriated by the county board in the resolution termed the
annual appropriations bill. The county board may appropriate moneys in
the working cash fund up to the maximum amount allowable in the fund, and
the working cash fund may receive such appropriations and any other
contributions. In order to provide moneys with which to
meet ordinary and necessary disbursements for salaries and other highway
purposes, such fund and the moneys therein may be transferred, in whole
or in part, to the county highway
fund of the county and so disbursed therefrom in anticipation of the
collection of any taxes lawfully levied for county highway purposes or
in the anticipation of such taxes, as by law now or hereafter enacted or
amended, imposed by the General Assembly of the State of Illinois to
replace revenue lost by units of local government and school districts
as a result of the abolition of ad valorem personal property taxes,
pursuant to Article IX, Section 5(c) of the Constitution of the State of
Illinois. Moneys transferred to the county highway fund from the county
highway working cash fund in anticipation of the collection of taxes
shall be deemed to have been transferred in anticipation of the
collection of that part of the county highway taxes so levied or to be
received which is in excess of the amount or amounts thereof required to
pay (a) any tax anticipation warrants and the interest thereon,
theretofore or thereafter issued and (b) any notes and the interest
thereon, theretofore or thereafter issued against the county highway tax and
(c) the aggregate amount of receipts from taxes imposed to replace revenue
lost by units of local government and school districts as a result of the
abolition of ad valorem personal property taxes, pursuant to Article IX,
Section 5(c) of the Constitution of the State of Illinois, which the corporate
authorities estimate will be set aside for the payment of the proportionate
amount of debt service and pension or retirement obligations, as required by
Section 12 of "An Act in relation to State Revenue Sharing with local
government entities", approved July 31, 1969, as amended. Such taxes levied
or to be received for county highway purposes when collected shall be
applied, first to the payment of any such warrants and the interest thereon
and to the payment of any such notes and the interest thereon,
the amount estimated to be required to satisfy debt service and pension
or retirement obligations as set forth in Section 12 of "An Act in relation
to State revenue sharing with local government entities", approved July
31, 1969, as amended, and then to the reimbursement of said county highway
working cash fund as hereinafter provided. Upon the receipt by said
county treasurer of any taxes, or other moneys, in anticipation of the
collection or receipt whereof moneys of such county highway working cash
fund have been so transferred for disbursement, such fund shall
immediately be reimbursed therefrom until the full amount so transferred
has been retransferred to such fund. Unless the taxes and other moneys
so received and applied to the reimbursement of the county highway
working cash fund, prior to the first day of the seventh month following
the month in which due and unpaid real property taxes by law begin to
bear interest, shall be sufficient to effect a complete reimbursement of
such fund for any moneys transferred therefrom in anticipation of the
collection or receipt of such taxes, or other moneys, such county
highway working cash fund shall be reimbursed for the amount of the
deficiency therein from any other revenues accruing to said county
highway fund, and it shall be the duty of the county board to make
provision for the immediate reimbursement of the amount of any such
deficiency in its next resolution termed the annual appropriations bill.
(Source: P.A. 86-962.)
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55 ILCS 5/6-28005
(55 ILCS 5/6-28005) (from Ch. 34, par. 6-28005)
Sec. 6-28005.
Transfer to county highway fund.
Moneys shall be transferred from the county highway working
cash fund to the county highway fund only upon the authority of the
county board, which shall from time to time by separate resolution
direct the county treasurer to make transfers of such sums as may be
required for the purposes herein authorized. Every such resolution shall
set forth (a) the taxes or other moneys in anticipation of the
collection or receipt of which such transfer is to be made and from
which such county highway working cash fund is to be reimbursed, (b) the
entire amount of taxes extended or which the county board estimates will
be extended or received for any year, (c) the aggregate amount of tax
anticipation warrants theretofore issued in anticipation of the
collection of such taxes, together with the amount of interest accrued,
or which the county board estimates will accrue, thereon, or both, (d)
the aggregate amount of notes theretofore issued in anticipation of the
collection of such taxes together with the amount of the interest
accrued, or which the county board estimates will accrue, thereon, or
both, (f) the aggregate amount of receipts from taxes imposed to replace
revenue lost by units of local government and school districts as a result
of the abolition of ad valorem personal property taxes, pursuant to Article
IX, Section 5(c) of the Constitution of the State of Illinois, which the
corporate authorities estimate will be set aside for the payment of the
proportionate amount of debt service and pension or retirement obligations,
as required by Section 12 of "An Act in relation to State Revenue Sharing
with local government entities", approved July 31, 1969, as amended, and
(g) the aggregate amount of moneys theretofore transferred from the county
highway working cash fund to the county highway fund in anticipation of the
collection of such taxes. The amount which any such resolution shall direct
the county treasurer so to transfer, in anticipation of the collection of
taxes levied for any year, together with the aggregate amount of such
anticipation tax warrants and notes theretofore drawn against such taxes,
the amount estimated to be required to satisfy debt service and pension
or retirement obligations, as set forth in Section 12 of "An Act in relation
to State revenue sharing with local government entities", approved July
31, 1969, as amended, and the aggregate amount of such
transfers theretofore made in anticipation of the collection of such
taxes, shall not exceed ninety (90) per centum of the actual or
estimated amount of such taxes extended or to be extended or to be
received, as set forth in such resolution. The amount which any such
resolution shall direct the county treasurer so to transfer in
anticipation of the receipt of any such moneys, shall not exceed the
total amount which it is so estimated will be received from such source.
To the extent that at any time moneys are available in the county
highway working cash fund they shall be transferred to the county
highway fund and disbursed for the payment of salaries and other county
highway expenses so as to avoid, whenever possible, the issuance of
anticipation tax warrants or notes.
(Source: P.A. 86-962.)
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55 ILCS 5/6-28006
(55 ILCS 5/6-28006) (from Ch. 34, par. 6-28006)
Sec. 6-28006.
Violations.
Any member of the county board of any
county to which this Division shall be applicable, or any other person
holding any other office, trust or employment under such county, who shall
be guilty of the wilful violation of any of the provisions of this Division
shall be guilty of a business offense, and shall be fined not to exceed
$10,000 and shall forfeit his right to his office, trust or employment and
shall be removed therefrom. Any such member or other person shall be
liable for any sum that may be unlawfully diverted from such county highway
working cash fund, or otherwise used, to be recovered by such county or by
any taxpayer in the name and for the benefit of such county, in an
appropriate action, provided, that such taxpayer shall file a bond for all
costs, and be liable for all costs taxed against the county in such suit,
and judgment shall be rendered accordingly. Nothing herein shall bar any
other remedies.
(Source: P.A. 86-962.)
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