HB4190 100TH GENERAL ASSEMBLY

LRB100 16143 AXK 31262 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4190

Introduced , by Rep. Steven Reick

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 and that the township is capable of carrying out its required duties and responsibilities on the date of abolishment. Defines "independent entity". Effective January 1, 2019.

A BILL FOR

AN ACT concerning transportation.

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 6-134 and 6-135 as follows:

(605 ILCS 5/6-134)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 6-134. Abolishing a road district. In this Section, "independent entity" means a consulting firm with experience in economics and local government finance that does not have an existing agreement for services in the township or with the county in which the township is located. By resolution, the board of trustees of any township located in a county with less than 3,000,000 inhabitants may submit a proposition to abolish the road district of that township to the electors of that township at a general election or consolidated election in accordance with the general election law. The ballot shall be in substantially the following form:

Before a township may submit a proposition to abolish a road district under this Section, the township shall prepare, through an independent entity, a cost study demonstrating that the abolishment is cost efficient and that the township is capable of carrying out the duties and responsibilities under this Section on the date of abolishment. If the cost study finds that the abolishment is not cost efficient or that the township is not capable of carrying out the duties, or both, the township may not submit a proposition under this Section.

In the event that a majority of the electors voting on such proposition are in favor thereof, then the road district shall be abolished by operation of law effective 90 days after vote certification by the governing election authority or on the date the term of the highway commissioner in office at the time the proposition was approved by the electors expires, whichever is later.

On that date, all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the road district shall by operation of law vest in and be assumed by the township. On that date, the township board of trustees shall assume all taxing authority of a road district abolished under this Section. On that date, any highway commissioner of the abolished road district shall cease to hold office, such term having been terminated. Thereafter, the township shall exercise all duties and responsibilities of the highway commissioner as provided in the Illinois Highway Code. The township board of trustees may enter into a contract with the county, a municipality, or a private contractor to administer the roads under its jurisdiction. The township board of trustees shall assume all taxing authority of a township road district abolished under this subsection. For purposes of distribution of revenue, the township shall assume the powers, duties, and obligations of the road district.

(Source: P.A. 100-106, eff. 1-1-18.)

(605 ILCS 5/6-135)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 6-135. Abolishing a road district with less than 15 miles of roads.

(a) Any township in a county with a population less than 3,000,000 may abolish a road district of that township if the roads of the road district are less than 15 miles in length, as determined by the county engineer or county superintendent of highways, by resolution of a majority of the board of trustees to submit a referendum to abolish the road district of that township. The referendum shall be submitted to the electors of that township at the next general election or consolidated election in accordance with the general election law. The ballot shall be in substantially the following form:

(a-5) Before a township may submit a referendum to abolish a road district under subsection (a), the township shall prepare, through an independent entity, a cost study demonstrating that the abolishment is cost efficient and that the township is capable of carrying out the duties and responsibilities under subsection (b) on the date of abolishment. If the cost study finds that the abolishment is not cost efficient or that the township is not capable of carrying out the duties and responsibilities, or both, the township may not submit a referendum under subsection (a). For purposes of this subsection, "independent entity" means a consulting firm with experience in economics and local government finance that does not have an existing agreement for services in the township or with the county in which the township is located.

(b) If a majority of the electors voting on the referendum under subsection (a) of this Section are in favor of abolishing the township road district, then the road district is abolished on the January 1 following the approval of the referendum or on the date the term of the highway commissioner in office at the time the referendum was approved expires, whichever is later.

On the date of abolishment: all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the road district shall by operation of law vest in and be assumed by the township; the township board of trustees shall assume all taxing authority of a road district abolished under this Section; any highway commissioner of the abolished road district shall cease to hold office; the township shall exercise all duties and responsibilities of the highway commissioner as provided in the Illinois Highway Code; and for purposes of distribution of revenue, the township shall assume the powers, duties, and obligations of the road district. The township board of trustees may enter into a contract with the county, a municipality, or a private contractor to administer the roads added to its jurisdiction under this Section.

(Source: P.A. 100-107, eff. 1-1-18.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

Section 99. Effective date. This Act takes effect January 1, 2019.