HB0348 EngrossedLRB101 06955 AWJ 51988 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 1. Legislative intent. It is the intent of the
5General Assembly that this Act further the intent of Section 5
6of Article VII of the Illinois Constitution, which states, in
7relevant part, that townships "may be consolidated or merged,
8and one or more townships may be dissolved or divided, when
9approved by referendum in each township affected".
10Transferring the powers and duties of one or more dissolved
11McHenry County townships into the county, as the supervising
12unit of local government within which the township or townships
13are situated, will reduce the overall number of local
14governmental units within our State. This reduction is declared
15to be a strong goal of Illinois public policy.
 
16    Section 5. The Election Code is amended by changing Section
1728-7 as follows:
 
18    (10 ILCS 5/28-7)  (from Ch. 46, par. 28-7)
19    Sec. 28-7. Except as provided in Article 24 of the Township
20Code, in In any case in which Article VII or paragraph (a) of
21Section 5 of the Transition Schedule of the Constitution
22authorizes any action to be taken by or with respect to any

 

 

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1unit of local government, as defined in Section 1 of Article
2VII of the Constitution, by or subject to approval by
3referendum, any such public question shall be initiated in
4accordance with this Section.
5    Any such public question may be initiated by the governing
6body of the unit of local government by resolution or by the
7filing with the clerk or secretary of the governmental unit of
8a petition signed by a number of qualified electors equal to or
9greater than at least 8% of the total votes cast for candidates
10for Governor in the preceding gubernatorial election,
11requesting the submission of the proposal for such action to
12the voters of the governmental unit at a regular election.
13    If the action to be taken requires a referendum involving 2
14or more units of local government, the proposal shall be
15submitted to the voters of such governmental units by the
16election authorities with jurisdiction over the territory of
17the governmental units. Such multi-unit proposals may be
18initiated by appropriate resolutions by the respective
19governing bodies or by petitions of the voters of the several
20governmental units filed with the respective clerks or
21secretaries.
22    This Section is intended to provide a method of submission
23to referendum in all cases of proposals for actions which are
24authorized by Article VII of the Constitution by or subject to
25approval by referendum and supersedes any conflicting
26statutory provisions except those contained in Division 2-5 of

 

 

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1the Counties Code or Article 24 of the Township Code.
2    Referenda provided for in this Section may not be held more
3than once in any 23-month period on the same proposition,
4provided that in any municipality a referendum to elect not to
5be a home rule unit may be held only once within any 47-month
6period.
7(Source: P.A. 100-863, eff. 8-14-18.)
 
8    Section 10. The Motor Fuel Tax Law is amended by changing
9Section 8 as follows:
 
10    (35 ILCS 505/8)  (from Ch. 120, par. 424)
11    Sec. 8. Except as provided in Section 8a, subdivision
12(h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15, and
1316 of Section 15, all money received by the Department under
14this Act, including payments made to the Department by member
15jurisdictions participating in the International Fuel Tax
16Agreement, shall be deposited in a special fund in the State
17treasury, to be known as the "Motor Fuel Tax Fund", and shall
18be used as follows:
19    (a) 2 1/2 cents per gallon of the tax collected on special
20fuel under paragraph (b) of Section 2 and Section 13a of this
21Act shall be transferred to the State Construction Account Fund
22in the State Treasury;
23    (b) $420,000 shall be transferred each month to the State
24Boating Act Fund to be used by the Department of Natural

 

 

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1Resources for the purposes specified in Article X of the Boat
2Registration and Safety Act;
3    (c) $3,500,000 shall be transferred each month to the Grade
4Crossing Protection Fund to be used as follows: not less than
5$12,000,000 each fiscal year shall be used for the construction
6or reconstruction of rail highway grade separation structures;
7$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
8fiscal year 2010 and each fiscal year thereafter shall be
9transferred to the Transportation Regulatory Fund and shall be
10accounted for as part of the rail carrier portion of such funds
11and shall be used to pay the cost of administration of the
12Illinois Commerce Commission's railroad safety program in
13connection with its duties under subsection (3) of Section
1418c-7401 of the Illinois Vehicle Code, with the remainder to be
15used by the Department of Transportation upon order of the
16Illinois Commerce Commission, to pay that part of the cost
17apportioned by such Commission to the State to cover the
18interest of the public in the use of highways, roads, streets,
19or pedestrian walkways in the county highway system, township
20and district road system, or municipal street system as defined
21in the Illinois Highway Code, as the same may from time to time
22be amended, for separation of grades, for installation,
23construction or reconstruction of crossing protection or
24reconstruction, alteration, relocation including construction
25or improvement of any existing highway necessary for access to
26property or improvement of any grade crossing and grade

 

 

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1crossing surface including the necessary highway approaches
2thereto of any railroad across the highway or public road, or
3for the installation, construction, reconstruction, or
4maintenance of a pedestrian walkway over or under a railroad
5right-of-way, as provided for in and in accordance with Section
618c-7401 of the Illinois Vehicle Code. The Commission may order
7up to $2,000,000 per year in Grade Crossing Protection Fund
8moneys for the improvement of grade crossing surfaces and up to
9$300,000 per year for the maintenance and renewal of 4-quadrant
10gate vehicle detection systems located at non-high speed rail
11grade crossings. The Commission shall not order more than
12$2,000,000 per year in Grade Crossing Protection Fund moneys
13for pedestrian walkways. In entering orders for projects for
14which payments from the Grade Crossing Protection Fund will be
15made, the Commission shall account for expenditures authorized
16by the orders on a cash rather than an accrual basis. For
17purposes of this requirement an "accrual basis" assumes that
18the total cost of the project is expended in the fiscal year in
19which the order is entered, while a "cash basis" allocates the
20cost of the project among fiscal years as expenditures are
21actually made. To meet the requirements of this subsection, the
22Illinois Commerce Commission shall develop annual and 5-year
23project plans of rail crossing capital improvements that will
24be paid for with moneys from the Grade Crossing Protection
25Fund. The annual project plan shall identify projects for the
26succeeding fiscal year and the 5-year project plan shall

 

 

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

 

 

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1    Inspection Fund, and for the period July 1, 1994 through
2    June 30, 2000, one-twelfth of $25,000,000 each month, for
3    the period July 1, 2000 through June 30, 2003, one-twelfth
4    of $30,000,000 each month, and $15,000,000 on July 1, 2003,
5    and $15,000,000 on January 1, 2004, and $15,000,000 on each
6    July 1 and October 1, or as soon thereafter as may be
7    practical, during the period July 1, 2004 through June 30,
8    2012, and $30,000,000 on June 1, 2013, or as soon
9    thereafter as may be practical, and $15,000,000 on July 1
10    and October 1, or as soon thereafter as may be practical,
11    during the period of July 1, 2013 through June 30, 2015,
12    for the administration of the Vehicle Emissions Inspection
13    Law of 2005, to be transferred by the State Comptroller and
14    Treasurer from the Motor Fuel Tax Fund into the Vehicle
15    Inspection Fund;
16        (5) amounts ordered paid by the Court of Claims; and
17        (6) payment of motor fuel use taxes due to member
18    jurisdictions under the terms of the International Fuel Tax
19    Agreement. The Department shall certify these amounts to
20    the Comptroller by the 15th day of each month; the
21    Comptroller shall cause orders to be drawn for such
22    amounts, and the Treasurer shall administer those amounts
23    on or before the last day of each month;
24    (e) after allocations for the purposes set forth in
25subsections (a), (b), (c) and (d), the remaining amount shall
26be apportioned as follows:

 

 

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1        (1) Until January 1, 2000, 58.4%, and beginning January
2    1, 2000, 45.6% shall be deposited as follows:
3            (A) 37% into the State Construction Account Fund,
4        and
5            (B) 63% into the Road Fund, $1,250,000 of which
6        shall be reserved each month for the Department of
7        Transportation to be used in accordance with the
8        provisions of Sections 6-901 through 6-906 of the
9        Illinois Highway Code;
10        (2) Until January 1, 2000, 41.6%, and beginning January
11    1, 2000, 54.4% shall be transferred to the Department of
12    Transportation to be distributed as follows:
13            (A) 49.10% to the municipalities of the State,
14            (B) 16.74% to the counties of the State having
15        1,000,000 or more inhabitants,
16            (C) 18.27% to the counties of the State having less
17        than 1,000,000 inhabitants,
18            (D) 15.89% to the road districts of the State.
19        If a township is dissolved under Article 24 of the
20    Township Code, McHenry County shall receive any moneys that
21    would have been distributed to the township under this
22    subparagraph, except that a municipality that assumes the
23    powers and responsibilities of a road district under
24    paragraph (6) of Section 24-35 of the Township Code shall
25    receive any moneys that would have been distributed to the
26    township in a percent equal to the area of the dissolved

 

 

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1    road district or portion of the dissolved road district
2    over which the municipality assumed the powers and
3    responsibilities compared to the total area of the
4    dissolved township. The moneys received under this
5    subparagraph shall be used in the geographic area of the
6    dissolved township. If a township is reconstituted as
7    provided under Section 24-45 of the Township Code, McHenry
8    County or a municipality shall no longer be distributed
9    moneys under this subparagraph.
10    As soon as may be after the first day of each month the
11Department of Transportation shall allot to each municipality
12its share of the amount apportioned to the several
13municipalities which shall be in proportion to the population
14of such municipalities as determined by the last preceding
15municipal census if conducted by the Federal Government or
16Federal census. If territory is annexed to any municipality
17subsequent to the time of the last preceding census the
18corporate authorities of such municipality may cause a census
19to be taken of such annexed territory and the population so
20ascertained for such territory shall be added to the population
21of the municipality as determined by the last preceding census
22for the purpose of determining the allotment for that
23municipality. If the population of any municipality was not
24determined by the last Federal census preceding any
25apportionment, the apportionment to such municipality shall be
26in accordance with any census taken by such municipality. Any

 

 

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1municipal census used in accordance with this Section shall be
2certified to the Department of Transportation by the clerk of
3such municipality, and the accuracy thereof shall be subject to
4approval of the Department which may make such corrections as
5it ascertains to be necessary.
6    As soon as may be after the first day of each month the
7Department of Transportation shall allot to each county its
8share of the amount apportioned to the several counties of the
9State as herein provided. Each allotment to the several
10counties having less than 1,000,000 inhabitants shall be in
11proportion to the amount of motor vehicle license fees received
12from the residents of such counties, respectively, during the
13preceding calendar year. The Secretary of State shall, on or
14before April 15 of each year, transmit to the Department of
15Transportation a full and complete report showing the amount of
16motor vehicle license fees received from the residents of each
17county, respectively, during the preceding calendar year. The
18Department of Transportation shall, each month, use for
19allotment purposes the last such report received from the
20Secretary of State.
21    As soon as may be after the first day of each month, the
22Department of Transportation shall allot to the several
23counties their share of the amount apportioned for the use of
24road districts. The allotment shall be apportioned among the
25several counties in the State in the proportion which the total
26mileage of township or district roads in the respective

 

 

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1counties bears to the total mileage of all township and
2district roads in the State. Funds allotted to the respective
3counties for the use of road districts therein shall be
4allocated to the several road districts in the county in the
5proportion which the total mileage of such township or district
6roads in the respective road districts bears to the total
7mileage of all such township or district roads in the county.
8After July 1 of any year prior to 2011, no allocation shall be
9made for any road district unless it levied a tax for road and
10bridge purposes in an amount which will require the extension
11of such tax against the taxable property in any such road
12district at a rate of not less than either .08% of the value
13thereof, based upon the assessment for the year immediately
14prior to the year in which such tax was levied and as equalized
15by the Department of Revenue or, in DuPage County, an amount
16equal to or greater than $12,000 per mile of road under the
17jurisdiction of the road district, whichever is less. Beginning
18July 1, 2011 and each July 1 thereafter, an allocation shall be
19made for any road district if it levied a tax for road and
20bridge purposes. In counties other than DuPage County, if the
21amount of the tax levy requires the extension of the tax
22against the taxable property in the road district at a rate
23that is less than 0.08% of the value thereof, based upon the
24assessment for the year immediately prior to the year in which
25the tax was levied and as equalized by the Department of
26Revenue, then the amount of the allocation for that road

 

 

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1district shall be a percentage of the maximum allocation equal
2to the percentage obtained by dividing the rate extended by the
3district by 0.08%. In DuPage County, if the amount of the tax
4levy requires the extension of the tax against the taxable
5property in the road district at a rate that is less than the
6lesser of (i) 0.08% of the value of the taxable property in the
7road district, based upon the assessment for the year
8immediately prior to the year in which such tax was levied and
9as equalized by the Department of Revenue, or (ii) a rate that
10will yield an amount equal to $12,000 per mile of road under
11the jurisdiction of the road district, then the amount of the
12allocation for the road district shall be a percentage of the
13maximum allocation equal to the percentage obtained by dividing
14the rate extended by the district by the lesser of (i) 0.08% or
15(ii) the rate that will yield an amount equal to $12,000 per
16mile of road under the jurisdiction of the road district.
17    Prior to 2011, if any road district has levied a special
18tax for road purposes pursuant to Sections 6-601, 6-602 and
196-603 of the Illinois Highway Code, and such tax was levied in
20an amount which would require extension at a rate of not less
21than .08% of the value of the taxable property thereof, as
22equalized or assessed by the Department of Revenue, or, in
23DuPage County, an amount equal to or greater than $12,000 per
24mile of road under the jurisdiction of the road district,
25whichever is less, such levy shall, however, be deemed a proper
26compliance with this Section and shall qualify such road

 

 

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1district for an allotment under this Section. Beginning in 2011
2and thereafter, if any road district has levied a special tax
3for road purposes under Sections 6-601, 6-602, and 6-603 of the
4Illinois Highway Code, and the tax was levied in an amount that
5would require extension at a rate of not less than 0.08% of the
6value of the taxable property of that road district, as
7equalized or assessed by the Department of Revenue or, in
8DuPage County, an amount equal to or greater than $12,000 per
9mile of road under the jurisdiction of the road district,
10whichever is less, that levy shall be deemed a proper
11compliance with this Section and shall qualify such road
12district for a full, rather than proportionate, allotment under
13this Section. If the levy for the special tax is less than
140.08% of the value of the taxable property, or, in DuPage
15County if the levy for the special tax is less than the lesser
16of (i) 0.08% or (ii) $12,000 per mile of road under the
17jurisdiction of the road district, and if the levy for the
18special tax is more than any other levy for road and bridge
19purposes, then the levy for the special tax qualifies the road
20district for a proportionate, rather than full, allotment under
21this Section. If the levy for the special tax is equal to or
22less than any other levy for road and bridge purposes, then any
23allotment under this Section shall be determined by the other
24levy for road and bridge purposes.
25    Prior to 2011, if a township has transferred to the road
26and bridge fund money which, when added to the amount of any

 

 

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1tax levy of the road district would be the equivalent of a tax
2levy requiring extension at a rate of at least .08%, or, in
3DuPage County, an amount equal to or greater than $12,000 per
4mile of road under the jurisdiction of the road district,
5whichever is less, such transfer, together with any such tax
6levy, shall be deemed a proper compliance with this Section and
7shall qualify the road district for an allotment under this
8Section.
9    In counties in which a property tax extension limitation is
10imposed under the Property Tax Extension Limitation Law, road
11districts may retain their entitlement to a motor fuel tax
12allotment or, beginning in 2011, their entitlement to a full
13allotment if, at the time the property tax extension limitation
14was imposed, the road district was levying a road and bridge
15tax at a rate sufficient to entitle it to a motor fuel tax
16allotment and continues to levy the maximum allowable amount
17after the imposition of the property tax extension limitation.
18Any road district may in all circumstances retain its
19entitlement to a motor fuel tax allotment or, beginning in
202011, its entitlement to a full allotment if it levied a road
21and bridge tax in an amount that will require the extension of
22the tax against the taxable property in the road district at a
23rate of not less than 0.08% of the assessed value of the
24property, based upon the assessment for the year immediately
25preceding the year in which the tax was levied and as equalized
26by the Department of Revenue or, in DuPage County, an amount

 

 

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1equal to or greater than $12,000 per mile of road under the
2jurisdiction of the road district, whichever is less.
3    As used in this Section the term "road district" means any
4road district, including a county unit road district, provided
5for by the Illinois Highway Code; and the term "township or
6district road" means any road in the township and district road
7system as defined in the Illinois Highway Code. For the
8purposes of this Section, "township or district road" also
9includes such roads as are maintained by park districts, forest
10preserve districts and conservation districts. The Department
11of Transportation shall determine the mileage of all township
12and district roads for the purposes of making allotments and
13allocations of motor fuel tax funds for use in road districts.
14    Payment of motor fuel tax moneys to municipalities and
15counties shall be made as soon as possible after the allotment
16is made. The treasurer of the municipality or county may invest
17these funds until their use is required and the interest earned
18by these investments shall be limited to the same uses as the
19principal funds.
20(Source: P.A. 97-72, eff. 7-1-11; 97-333, eff. 8-12-11; 98-24,
21eff. 6-19-13; 98-674, eff. 6-30-14.)
 
22    Section 15. The Counties Code is amended by adding Section
235-1184 as follows:
 
24    (55 ILCS 5/5-1184 new)

 

 

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1    Sec. 5-1184. Dissolution of townships in McHenry County. If
2a township in McHenry County dissolves as provided in Article
324 of the Township Code, McHenry County shall assume the
4powers, duties, and obligations of each dissolved township as
5provided in Article 24 of the Township Code.
 
6    Section 20. The Township Code is amended by adding Article
724 as follows:
 
8    (60 ILCS 1/Art. 24 heading new)
9
ARTICLE 24. DISSOLUTION OF
10
TOWNSHIPS IN MCHENRY COUNTY

 
11    (60 ILCS 1/24-10 new)
12    Sec. 24-10. Definition. As used in this Article, "electors"
13means the registered voters of any single township in McHenry
14County.
 
15    (60 ILCS 1/24-15 new)
16    Sec. 24-15. Dissolving a township in McHenry County. By
17resolution, the board of trustees of any township located in
18McHenry County may submit a proposition to dissolve the
19township to the electors of that township at the election next
20following in accordance with the general election law. The
21ballot shall be as provided for in Section 24-30.
 

 

 

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1    (60 ILCS 1/24-20 new)
2    Sec. 24-20. Petition requirements; notice.
3    (a) Subject to the petition requirements of Section 28-3 of
4the Election Code, petitions for a referendum to dissolve a
5township located in McHenry County must be filed with the
6governing board of the township, the county board of McHenry
7County, and the McHenry County Clerk not less than 122 days
8prior to any election held throughout the township. Petitions
9must include:
10        (1) the name of the dissolving township;
11        (2) the date of dissolution; and
12        (3) signatures of a number of electors as follows: (A)
13    for any township, the number of signatures shall be the
14    larger of (i) 5% of the total ballots cast in the township
15    in the immediately preceding election that is of an
16    election type comparable to the election for which the
17    petition is being filed, or (ii) 250 signatures. All
18    signatures gathered under this paragraph (3) must be signed
19    within 180 days prior to the filing of a petition.
20    (b) The proposed date of dissolution shall be at least 90
21days after the date of the election at which the referendum is
22to be voted upon.
23    (c) If a valid petition is filed under subsection (a), then
24the McHenry County Clerk shall, by publication in one or more
25newspapers of general circulation within the county and on the
26county's website, not less than 90 days prior to the election

 

 

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1at which the referendum is to be voted on, give notice in
2substantially the following form:
 
3    NOTICE OF PETITION TO DISSOLVE (dissolving township).
4    Residents of (dissolving township) and McHenry County are
5    notified that a petition has been filed with (dissolving
6    township) and McHenry County requesting a referendum to
7    dissolve (dissolving township) on (date of dissolution)
8    with all real and personal property, and any other assets,
9    together with all personnel, contractual obligations, and
10    liabilities being transferred to McHenry County.
 
11    (60 ILCS 1/24-25 new)
12    Sec. 24-25. Ballot placement. A petition that meets the
13requirements of Section 24-20 shall be placed on the ballot in
14the form provided for in Section 24-30 at the election next
15following.
 
16    (60 ILCS 1/24-30 new)
17    Sec. 24-30. Referendum; voting.
18    (a) Subject to the requirements of Section 16-7 of the
19Election Code, the referendum described in Section 24-25 shall
20be in substantially the following form on the ballot:
21-
22    Shall the (dissolving
23township), together with any road

 

 

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1districts wholly within the                   YES
2boundaries of (dissolving
3township), be dissolved on (date          --------------
4of dissolution) with all of
5the township and road district
6property, assets, personnel,                   NO
7obligations, and liabilities being
8transferred to McHenry County?
9-------------------------------------------------------------
10    (b) The referendum is approved when a majority of those
11voting in the election from the dissolving township approve the
12referendum.
 
13    (60 ILCS 1/24-35 new)
14    Sec. 24-35. Dissolution; transfer of rights and duties.
15When the dissolution of a township has been approved under
16Section 24-30:
17        (1) On or before the date of dissolution, all real and
18    personal property, and any other assets, together with all
19    personnel, contractual obligations, and liabilities of the
20    dissolving township and road districts wholly within the
21    boundaries of the dissolving township shall be transferred
22    to McHenry County. All funds of the dissolved township and
23    dissolved road districts shall be used solely on behalf of
24    the residents of the geographic area within the boundaries
25    of the dissolved township.

 

 

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1        After the transfer of property to the county under this
2    paragraph, all park land, cemetery land, buildings, and
3    facilities within the geographic area of the dissolving
4    township must be utilized for the primary benefit of the
5    geographic area of the dissolving township. Proceeds from
6    the sale of the park land, cemetery land, buildings, or
7    facilities after transfer to the county must be utilized
8    for the sole benefit of the geographic area of the
9    dissolved township.
10        (2) On the date of dissolution, the dissolving township
11    is dissolved.
12        (3) On and after the date of dissolution, all rights
13    and duties of the dissolved township may be exercised by
14    the McHenry County Board solely on behalf of the residents
15    of the geographic area within the boundaries of the
16    dissolved township. The duties that may be exercised by the
17    county include, but are not limited to, the administration
18    of a dissolved township's general assistance program,
19    maintenance and operation of a dissolved township's
20    cemeteries, and the Chief County Assessment officer of
21    McHenry County exercising the duties of the township
22    assessor.
23        (4) The McHenry County Board shall not extend a
24    property tax levy that is greater than 90% of the property
25    tax levy extended by the dissolved township or road
26    districts for the duties taken on by McHenry County. This

 

 

HB0348 Engrossed- 21 -LRB101 06955 AWJ 51988 b

1    property tax levy may not be extended outside the
2    boundaries of the dissolved township. In all subsequent
3    years, this levy shall be bound by the provisions of the
4    Property Tax Extension Limitation Law.
5        A tax levy extended under this paragraph may be used
6    for the purposes allowed by the statute authorizing the tax
7    levy or to pay liabilities of the dissolved township or
8    dissolved road districts that were transferred to the
9    county under paragraph (1). The taxpayers within the
10    boundaries of the dissolved township are responsible to pay
11    any liabilities transferred to the county: the county shall
12    reduce spending within the boundaries of the former
13    township in the amount necessary to pay off any liabilities
14    transferred to the county under paragraph (1) that are not
15    covered by the assets enumerated in paragraph (1) or taxes
16    under this paragraph.
17        (5) All road districts wholly within the boundaries of
18    the dissolving township are dissolved on the date of
19    dissolution of the dissolving township, and all powers and
20    responsibilities of each road district are transferred to
21    McHenry County except as provided in paragraph (6).
22        (6) The county board of McHenry County shall give
23    written notice to each municipality whose governing board
24    meets within the boundaries of a dissolving township that
25    the municipality may make an offer, on or before 60 days
26    after the date of dissolution of the dissolving township,

 

 

HB0348 Engrossed- 22 -LRB101 06955 AWJ 51988 b

1    that the municipality will assume all of the powers and
2    responsibilities of a road district or road districts
3    wholly inside the dissolving township. The notice shall be
4    sent to each municipality on or before 30 days after the
5    date of dissolution of the township. Any eligible
6    municipality may, with consent of its governing board, make
7    an offer to assume all of the powers and responsibilities
8    of the dissolving township's road district or road
9    districts. A municipality may offer to assume the powers
10    and responsibilities only for a limited period of time. If
11    one or more offers are received by McHenry County on or
12    before 60 days after the date of dissolution of the
13    dissolving township, the county board of McHenry County
14    shall select the best offer or offers that the board
15    determines would be in the best interest and welfare of the
16    affected resident population. If no municipality makes an
17    offer or if no satisfactory offer is made, the powers and
18    duties of the dissolving township's road district or road
19    districts are retained by McHenry County. The municipality
20    that assumes the powers and duties of the dissolving
21    township's road district or road districts shall not extend
22    a road district property tax levy under Division 5 of
23    Article 6 of the Illinois Highway Code that is greater than
24    90% of the road district property tax levy that was
25    extended by the county on behalf of the dissolving
26    township's road district or road districts for the duties

 

 

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1    taken on by the municipality.
2        (7) On the date of dissolution of the township or road
3    district, elected and appointed township officers and road
4    commissioners shall cease to hold office. An elected or
5    appointed township official or township road commissioner
6    shall not be compensated for any other duties performed
7    after the dissolution of the township or road district that
8    they represented. An elected township official or township
9    road commissioner shall not have legal recourse relating to
10    the ceasing of their elected or appointed positions upon
11    the ceasing of their position.
 
12    Section 25. The Illinois Highway Code is amended by adding
13Section 6-140 as follows:
 
14    (605 ILCS 5/6-140 new)
15    Sec. 6-140. Abolishing a road district within Lake County
16or McHenry County with less than 15 miles of roads. Any
17township in Lake County or McHenry County shall abolish a road
18district of that township if the roads of the road district are
19less than 15 centerline miles in length, as determined by the
20county engineer or county superintendent of highways. A road
21district is abolished on the expiration of the term of office
22of the highway commissioner of the road district facing
23abolition following the determination by the county engineer or
24county superintendent of highways of the length, in centerline

 

 

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1mileage, of the roads within the road district to be abolished.
2    On the date of abolition: all the rights, powers, duties,
3assets, property, liabilities, obligations, and
4responsibilities of the road district shall by operation of law
5vest in and be assumed by the township; the township board of
6trustees shall assume all taxing authority of a road district
7abolished under this Section and shall exercise all duties and
8responsibilities of the highway commissioner as provided in
9this Code; and for purposes of distribution of revenue, the
10township shall assume the powers, duties, and obligations of
11the road district. The township board of trustees may enter
12into a contract with the county, a municipality, or a private
13contractor to administer the roads added to its jurisdiction
14under this Section.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.