Public Act 93-0164

HB1455 Enrolled                      LRB093 05950 DRH 06047 b

    AN ACT in relation to highways.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Illinois  Highway  Code  is amended by
changing Sections 6-201.7 and 6-508 as follows:

    (605 ILCS 5/6-201.7) (from Ch. 121, par. 6-201.7)
    Sec. 6-201.7.  Construct,  maintain  and  repair  and  be
responsible  for  the construction, maintenance and repair of
roads within the district, let contracts,  employ  labor  and
purchase  material  and  machinery  therefor,  subject to the
limitations provided in this Code.  No contract shall be  let
for the construction or repair of any road or part thereof in
excess  of  the  amount  of  $10,000, nor shall any material,
machinery or other appliances to be used in road construction
or  maintenance  of  roads  in  excess  of  such  amount   be
purchased,  nor shall several contracts each for an amount of
$10,000 or less be let for the construction or repair of  any
road  or  part thereof when such construction or repair is in
reality part of one project costing more  than  $10,000,  nor
shall  any  material, machinery or other appliance to be used
therein be purchased under  several  contracts  each  for  an
amount  of $10,000 or less, if such purchases are essentially
one transaction amounting to more than $10,000,  without  the
written  approval of the county superintendent of highways in
the case of road districts other than  consolidated  township
road districts or without the written approval of the highway
board  of  auditors in the case of consolidated township road
districts.
    Except  for  professional  services,  when  the  cost  of
construction, materials, supplies, new machinery or equipment
exceeds  $10,000,  the  contract   for   such   construction,
materials,  supplies,  machinery  or  equipment shall be let,
after the above written approval is obtained, to  the  lowest
responsible  bidder after advertising for bids at least once,
and at least 10 days prior to the time set for the opening of
such bids, in a newspaper published within  the  township  or
road  district,  or,  if no newspaper is published within the
township or road district then in one  published  within  the
county,  or,  if  no newspaper is published within the county
then in a newspaper having  general  circulation  within  the
township or road district, but, in case of an emergency, such
contract  may  be  let  without advertising for bids upon the
approval of the County Superintendent of Highways  expressing
in  writing  the existence of such emergency and, in the case
of consolidated township road districts, upon the approval of
the highway board of auditors.  For purposes of this  Section
"new  machinery  or equipment" shall be defined as that which
has been previously untitled or that which shows  fewer  than
200 hours on its operating clock and that is accompanied by a
new equipment manufacturer's warranty.
(Source: P.A. 92-268, eff. 1-1-02.)

    (605 ILCS 5/6-508) (from Ch. 121, par. 6-508)
    Sec.  6-508.  (a)  For  the  purpose  of  constructing or
repairing bridges, culverts,  drainage  structures  or  grade
separations,  including  approaches  thereto,  at  the  joint
expense  of  a  county  and a road district and obtaining aid
from the county as provided in Section 5-501  of  this  Code,
there  may  be included in the annual tax levies provided for
in Section 6-501 of this Code a tax of not to exceed  .05% of
the value of all the taxable property in the  road  district,
as  equalized or assessed by the Department of Revenue, which
tax shall be in addition to and  may  be  in  excess  of  the
maximum levy and may be extended at a rate in addition to and
in  excess of the tax rate for road purposes authorized under
Section 6-501 of this Code.
    Such tax, when collected, shall constitute and be held by
the treasurer of the  district  as  a  separate  fund  to  be
expended for the construction or repair of bridges, culverts,
drainage   structures   or   grade   separations,   including
approaches  thereto,  at  the joint expense of the county and
the road district.  The highway commissioner shall separately
specify in the certificate  required  by  Section  6-501  the
amount  necessary to be raised by taxation for the purpose of
constructing  or  repairing   bridges,   culverts,   drainage
structures   or   grade   separations,  including  approaches
thereto, at the joint expense of  the  county  and  the  road
district.   Upon  the  approval  by  the  county board of the
amount so certified as provided  in  Section  6-501  of  this
Code,  the  county  clerk  shall  extend the same against the
taxable property of the road district,  provided  the  amount
thus  approved  shall  not be extended at a rate in excess of
.05% of value, as equalized or assessed by the Department  of
Revenue.
    When  any  improvement  project  for  which  a tax may be
levied under this Section has been  ordered  as  provided  in
Section  5-501  and the estimated cost of such project to the
road district is  in  excess  of  the  amount  that  will  be
realized  from the annual tax levy authorized by this Section
when extended and  collected,  then  the  road  district  may
accumulate  the proceeds of such tax for such number of years
as may be necessary to acquire the funds necessary to pay the
district's share of the cost of such project.  In counties in
which a property tax extension limitation  is  imposed  under
the  Property Tax Extension Limitation Law and the imposition
of the property tax  extension  limitation  prevents  a  road
district from levying taxes for road purposes at the required
rate,  a  road district may retain its eligibility if, at the
time the property tax extension limitation was  imposed,  the
road  district was levying at the required rate and continues
to levy the maximum allowable amount after the imposition  of
the  property  tax  extension  limitation.  It shall not be a
valid objection to any subsequent tax levy  made  under  this
Section  that  there  remains unexpended money arising from a
preceding levy of a prior year because  of  the  accumulation
provided for in this Section.
    The  rate  limitation  imposed  by  this  Section  may be
increased for a 10 year period to up to 0.25% of the value of
all the taxable property in the road district,  as  equalized
or  assessed  by the Department of Revenue if the proposition
for the increased tax rate is submitted under Sections  6-504
and  6-505 and receives a majority of all ballots cast on the
proposition at the election held under Section 6-505.
    (b)  All surplus funds remaining  in  the  hands  of  the
treasurer  of  the  road district after the completion of any
construction or  repairing  of  bridges,  culverts,  drainage
structures   or   grade   separations,  including  approaches
thereto, under this Section, shall be  turned  over,  at  the
request of the highway commissioner, with the written consent
of the county superintendent, to the regular road fund of the
road district.  Upon such request, no further levy under this
Section  is  to  be  extended  by the county clerk unless the
proposition authorizing such further levy is submitted  under
Sections  6-504  and  6-505  and  receives  a majority of all
ballots cast on the proposition at the  election  held  under
Section 6-505.
    (c)  The  moneys  from  this  tax  may  also  be used for
construction and maintenance of bridges, culverts  and  other
drainage   facilities,   or   grade   separations,  including
approaches thereto, on, under, or over  the  district  roads,
without   joint  county  funds  being  involved  and  without
limitation as to size of project, but only if adequate  funds
are  available  for  all projects for which the road district
has petitioned the county for  joint  participation.  If  the
project  size is over $10,000, the road district commissioner
shall also obtain the permission of the county engineer.
(Source: P.A. 92-268, eff. 1-1-02; 92-800, eff. 8-16-02.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.