95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB6716

 

Introduced , by Rep. JoAnn D. Osmond

 

SYNOPSIS AS INTRODUCED:
 
605 ILCS 5/7-203.3 new

    Amends the Illinois Highway Code. Provides that a municipality that is located partially or wholly in a county with a population greater than 500,000 but less than 3,000,000 under specified conditions may expend Motor Fuel Tax street or road funds (except Federal-aid funds) on streets or highways or sections of highways without prior review or approval of the Department of Transportation for routine maintenance activities as determined by the Department, including without limitation snow plowing, street cleaning, crack-sealing, and road patching; and routine and periodic roadway resurfacing activities (including grinding off the surface course of roads, but not involving expansions or reconstruction of more than 20% of the affected road bed). Effective immediately.


LRB095 22337 RLC 52663 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB6716 LRB095 22337 RLC 52663 b

1     AN ACT concerning the use of motor fuel tax funds.
 
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 adding
5 Section 7-203.3 as follows:
 
6     (605 ILCS 5/7-203.3 new)
7     Sec. 7-203.3. Alternative procedures for routine
8 maintenance activities.
9     (a) For any municipality qualifying to participate under
10 subsection (b) of this Section, such municipality may expend
11 Motor Fuel Tax street or road funds (except Federal-aid funds)
12 on streets or highways or sections of highways without prior
13 review or approval of the Department for: (1) any routine
14 maintenance activities as determined by the Department,
15 including without limitation snow plowing, street cleaning,
16 crack-sealing, and road patching; and (2) routine and periodic
17 roadway resurfacing activities (including grinding off the
18 surface course of roads, but not involving expansions or
19 reconstruction of more than 20% of the affected road bed).
20 Bidding for projects qualifying under clauses (1) and (2) of
21 this subsection (a) shall comply with the requirements of the
22 Illinois Municipal Code.
23     (b) A municipality is qualified to act under this Section

 

 

HB6716 - 2 - LRB095 22337 RLC 52663 b

1 if it meets all of the following requirements:
2         (1) it is located partially or wholly in a county with
3     a population greater than 500,000 but less than 3,000,000;
4         (2) the municipality adopts an ordinance or resolution
5     electing to proceed under this Section 7-203.3 and delivers
6     such ordinance or resolution to the Department Secretary;
7         (3) the mayor or president of the municipality annually
8     certifies to the Department that:
9             (A) the municipality has complied with Section
10         7-301;
11             (B) the municipality has appointed a full-time
12         engineer or has retained a licensed professional
13         engineer or professional engineering firm charged with
14         overseeing the municipality's street, road, or highway
15         construction and maintenance programs; and
16             (C) the municipality has expended Motor Fuel Tax
17         funds only on activities authorized by this Article;
18         (4) the municipal engineer or engineering firm (as
19     described in clause (3)(B) of this subsection (b) annually
20     certifies to the Department that the municipality's
21     activities undertaken with Motor Fuel Tax funds satisfied
22     the requirements of clauses (1) and (2) of subsection (a)
23     of this Section and otherwise comported with applicable
24     specifications of the Department relating to such
25     activities; and
26         (5) the municipality annually submits a certified

 

 

HB6716 - 3 - LRB095 22337 RLC 52663 b

1     audit of its motor fuel tax fund to the Department
2     establishing that the municipality has properly used its
3     Motor Fuel Tax funds.
4     Any municipality that fails to comply with the requirements
5 of this Section or whose audit is not found acceptable to the
6 Department shall be barred from utilizing this Section for a
7 period of 5 years, unless the Department approves the
8 municipality's earlier participation under this Section.
9     (c) For activities not within the scope of subsection (a)
10 of this Section, a municipality must comply with the general
11 provisions of this Division 2 regarding the Department's review
12 and approval of expenditure of Motor Fuel Tax funds.
 
13     Section 99. Effective date. This Act takes effect upon
14 becoming law.