Illinois General Assembly - Full Text of HB0348
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Full Text of HB0348  101st General Assembly

HB0348ham001 101ST GENERAL ASSEMBLY

Rep. Sam Yingling

Filed: 3/21/2019

 

 


 

 


 
10100HB0348ham001LRB101 06955 AWJ 58358 a

1
AMENDMENT TO HOUSE BILL 348

2    AMENDMENT NO. ______. Amend House Bill 348 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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128-7 as follows:
 
2    (10 ILCS 5/28-7)  (from Ch. 46, par. 28-7)
3    Sec. 28-7. Except as provided in Article 24 of the Township
4Code, in In any case in which Article VII or paragraph (a) of
5Section 5 of the Transition Schedule of the Constitution
6authorizes any action to be taken by or with respect to any
7unit of local government, as defined in Section 1 of Article
8VII of the Constitution, by or subject to approval by
9referendum, any such public question shall be initiated in
10accordance with this Section.
11    Any such public question may be initiated by the governing
12body of the unit of local government by resolution or by the
13filing with the clerk or secretary of the governmental unit of
14a petition signed by a number of qualified electors equal to or
15greater than at least 8% of the total votes cast for candidates
16for Governor in the preceding gubernatorial election,
17requesting the submission of the proposal for such action to
18the voters of the governmental unit at a regular election.
19    If the action to be taken requires a referendum involving 2
20or more units of local government, the proposal shall be
21submitted to the voters of such governmental units by the
22election authorities with jurisdiction over the territory of
23the governmental units. Such multi-unit proposals may be
24initiated by appropriate resolutions by the respective
25governing bodies or by petitions of the voters of the several

 

 

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1governmental units filed with the respective clerks or
2secretaries.
3    This Section is intended to provide a method of submission
4to referendum in all cases of proposals for actions which are
5authorized by Article VII of the Constitution by or subject to
6approval by referendum and supersedes any conflicting
7statutory provisions except those contained in Division 2-5 of
8the Counties Code or Article 24 of the Township Code.
9    Referenda provided for in this Section may not be held more
10than once in any 23-month period on the same proposition,
11provided that in any municipality a referendum to elect not to
12be a home rule unit may be held only once within any 47-month
13period.
14(Source: P.A. 100-863, eff. 8-14-18.)
 
15    Section 10. The Motor Fuel Tax Law is amended by changing
16Section 8 as follows:
 
17    (35 ILCS 505/8)  (from Ch. 120, par. 424)
18    Sec. 8. Except as provided in Section 8a, subdivision
19(h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15, and
2016 of Section 15, all money received by the Department under
21this Act, including payments made to the Department by member
22jurisdictions participating in the International Fuel Tax
23Agreement, shall be deposited in a special fund in the State
24treasury, to be known as the "Motor Fuel Tax Fund", and shall

 

 

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1be used as follows:
2    (a) 2 1/2 cents per gallon of the tax collected on special
3fuel under paragraph (b) of Section 2 and Section 13a of this
4Act shall be transferred to the State Construction Account Fund
5in the State Treasury;
6    (b) $420,000 shall be transferred each month to the State
7Boating Act Fund to be used by the Department of Natural
8Resources for the purposes specified in Article X of the Boat
9Registration and Safety Act;
10    (c) $3,500,000 shall be transferred each month to the Grade
11Crossing Protection Fund to be used as follows: not less than
12$12,000,000 each fiscal year shall be used for the construction
13or reconstruction of rail highway grade separation structures;
14$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
15fiscal year 2010 and each fiscal year thereafter shall be
16transferred to the Transportation Regulatory Fund and shall be
17accounted for as part of the rail carrier portion of such funds
18and shall be used to pay the cost of administration of the
19Illinois Commerce Commission's railroad safety program in
20connection with its duties under subsection (3) of Section
2118c-7401 of the Illinois Vehicle Code, with the remainder to be
22used by the Department of Transportation upon order of the
23Illinois Commerce Commission, to pay that part of the cost
24apportioned by such Commission to the State to cover the
25interest of the public in the use of highways, roads, streets,
26or pedestrian walkways in the county highway system, township

 

 

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1and district road system, or municipal street system as defined
2in the Illinois Highway Code, as the same may from time to time
3be amended, for separation of grades, for installation,
4construction or reconstruction of crossing protection or
5reconstruction, alteration, relocation including construction
6or improvement of any existing highway necessary for access to
7property or improvement of any grade crossing and grade
8crossing surface including the necessary highway approaches
9thereto of any railroad across the highway or public road, or
10for the installation, construction, reconstruction, or
11maintenance of a pedestrian walkway over or under a railroad
12right-of-way, as provided for in and in accordance with Section
1318c-7401 of the Illinois Vehicle Code. The Commission may order
14up to $2,000,000 per year in Grade Crossing Protection Fund
15moneys for the improvement of grade crossing surfaces and up to
16$300,000 per year for the maintenance and renewal of 4-quadrant
17gate vehicle detection systems located at non-high speed rail
18grade crossings. The Commission shall not order more than
19$2,000,000 per year in Grade Crossing Protection Fund moneys
20for pedestrian walkways. In entering orders for projects for
21which payments from the Grade Crossing Protection Fund will be
22made, the Commission shall account for expenditures authorized
23by the orders on a cash rather than an accrual basis. For
24purposes of this requirement an "accrual basis" assumes that
25the total cost of the project is expended in the fiscal year in
26which the order is entered, while a "cash basis" allocates the

 

 

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1cost of the project among fiscal years as expenditures are
2actually made. To meet the requirements of this subsection, the
3Illinois Commerce Commission shall develop annual and 5-year
4project plans of rail crossing capital improvements that will
5be paid for with moneys from the Grade Crossing Protection
6Fund. The annual project plan shall identify projects for the
7succeeding fiscal year and the 5-year project plan shall
8identify projects for the 5 directly succeeding fiscal years.
9The Commission shall submit the annual and 5-year project plans
10for this Fund to the Governor, the President of the Senate, the
11Senate Minority Leader, the Speaker of the House of
12Representatives, and the Minority Leader of the House of
13Representatives on the first Wednesday in April of each year;
14    (d) of the amount remaining after allocations provided for
15in subsections (a), (b) and (c), a sufficient amount shall be
16reserved to pay all of the following:
17        (1) the costs of the Department of Revenue in
18    administering this Act;
19        (2) the costs of the Department of Transportation in
20    performing its duties imposed by the Illinois Highway Code
21    for supervising the use of motor fuel tax funds apportioned
22    to municipalities, counties and road districts;
23        (3) refunds provided for in Section 13, refunds for
24    overpayment of decal fees paid under Section 13a.4 of this
25    Act, and refunds provided for under the terms of the
26    International Fuel Tax Agreement referenced in Section

 

 

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1    14a;
2        (4) from October 1, 1985 until June 30, 1994, the
3    administration of the Vehicle Emissions Inspection Law,
4    which amount shall be certified monthly by the
5    Environmental Protection Agency to the State Comptroller
6    and shall promptly be transferred by the State Comptroller
7    and Treasurer from the Motor Fuel Tax Fund to the Vehicle
8    Inspection Fund, and for the period July 1, 1994 through
9    June 30, 2000, one-twelfth of $25,000,000 each month, for
10    the period July 1, 2000 through June 30, 2003, one-twelfth
11    of $30,000,000 each month, and $15,000,000 on July 1, 2003,
12    and $15,000,000 on January 1, 2004, and $15,000,000 on each
13    July 1 and October 1, or as soon thereafter as may be
14    practical, during the period July 1, 2004 through June 30,
15    2012, and $30,000,000 on June 1, 2013, or as soon
16    thereafter as may be practical, and $15,000,000 on July 1
17    and October 1, or as soon thereafter as may be practical,
18    during the period of July 1, 2013 through June 30, 2015,
19    for the administration of the Vehicle Emissions Inspection
20    Law of 2005, to be transferred by the State Comptroller and
21    Treasurer from the Motor Fuel Tax Fund into the Vehicle
22    Inspection Fund;
23        (5) amounts ordered paid by the Court of Claims; and
24        (6) payment of motor fuel use taxes due to member
25    jurisdictions under the terms of the International Fuel Tax
26    Agreement. The Department shall certify these amounts to

 

 

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1    the Comptroller by the 15th day of each month; the
2    Comptroller shall cause orders to be drawn for such
3    amounts, and the Treasurer shall administer those amounts
4    on or before the last day of each month;
5    (e) after allocations for the purposes set forth in
6subsections (a), (b), (c) and (d), the remaining amount shall
7be apportioned as follows:
8        (1) Until January 1, 2000, 58.4%, and beginning January
9    1, 2000, 45.6% shall be deposited as follows:
10            (A) 37% into the State Construction Account Fund,
11        and
12            (B) 63% into the Road Fund, $1,250,000 of which
13        shall be reserved each month for the Department of
14        Transportation to be used in accordance with the
15        provisions of Sections 6-901 through 6-906 of the
16        Illinois Highway Code;
17        (2) Until January 1, 2000, 41.6%, and beginning January
18    1, 2000, 54.4% shall be transferred to the Department of
19    Transportation to be distributed as follows:
20            (A) 49.10% to the municipalities of the State,
21            (B) 16.74% to the counties of the State having
22        1,000,000 or more inhabitants,
23            (C) 18.27% to the counties of the State having less
24        than 1,000,000 inhabitants,
25            (D) 15.89% to the road districts of the State.
26        If a township is dissolved under Article 24 of the

 

 

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1    Township Code, McHenry County shall receive any moneys that
2    would have been distributed to the township under this
3    subparagraph, except that a municipality that assumes the
4    powers and responsibilities of a road district under
5    paragraph (6) of Section 24-35 of the Township Code shall
6    receive any moneys that would have been distributed to the
7    township in a percent equal to the area of the dissolved
8    road district or portion of the dissolved road district
9    over which the municipality assumed the powers and
10    responsibilities compared to the total area of the
11    dissolved township. The moneys received under this
12    subparagraph shall be used in the geographic area of the
13    dissolved township. If a township is reconstituted as
14    provided under Section 24-45 of the Township Code, McHenry
15    County or a municipality shall no longer be distributed
16    moneys under this subparagraph.
17    As soon as may be after the first day of each month the
18Department of Transportation shall allot to each municipality
19its share of the amount apportioned to the several
20municipalities which shall be in proportion to the population
21of such municipalities as determined by the last preceding
22municipal census if conducted by the Federal Government or
23Federal census. If territory is annexed to any municipality
24subsequent to the time of the last preceding census the
25corporate authorities of such municipality may cause a census
26to be taken of such annexed territory and the population so

 

 

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1ascertained for such territory shall be added to the population
2of the municipality as determined by the last preceding census
3for the purpose of determining the allotment for that
4municipality. If the population of any municipality was not
5determined by the last Federal census preceding any
6apportionment, the apportionment to such municipality shall be
7in accordance with any census taken by such municipality. Any
8municipal census used in accordance with this Section shall be
9certified to the Department of Transportation by the clerk of
10such municipality, and the accuracy thereof shall be subject to
11approval of the Department which may make such corrections as
12it ascertains to be necessary.
13    As soon as may be after the first day of each month the
14Department of Transportation shall allot to each county its
15share of the amount apportioned to the several counties of the
16State as herein provided. Each allotment to the several
17counties having less than 1,000,000 inhabitants shall be in
18proportion to the amount of motor vehicle license fees received
19from the residents of such counties, respectively, during the
20preceding calendar year. The Secretary of State shall, on or
21before April 15 of each year, transmit to the Department of
22Transportation a full and complete report showing the amount of
23motor vehicle license fees received from the residents of each
24county, respectively, during the preceding calendar year. The
25Department of Transportation shall, each month, use for
26allotment purposes the last such report received from the

 

 

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

 

 

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1bridge purposes. In counties other than DuPage County, if the
2amount of the tax levy requires the extension of the tax
3against the taxable property in the road district at a rate
4that is less than 0.08% of the value thereof, based upon the
5assessment for the year immediately prior to the year in which
6the tax was levied and as equalized by the Department of
7Revenue, then the amount of the allocation for that road
8district shall be a percentage of the maximum allocation equal
9to the percentage obtained by dividing the rate extended by the
10district by 0.08%. In DuPage County, if the amount of the tax
11levy requires the extension of the tax against the taxable
12property in the road district at a rate that is less than the
13lesser of (i) 0.08% of the value of the taxable property in the
14road district, based upon the assessment for the year
15immediately prior to the year in which such tax was levied and
16as equalized by the Department of Revenue, or (ii) a rate that
17will yield an amount equal to $12,000 per mile of road under
18the jurisdiction of the road district, then the amount of the
19allocation for the road district shall be a percentage of the
20maximum allocation equal to the percentage obtained by dividing
21the rate extended by the district by the lesser of (i) 0.08% or
22(ii) the rate that will yield an amount equal to $12,000 per
23mile of road under the jurisdiction of the road district.
24    Prior to 2011, if any road district has levied a special
25tax for road purposes pursuant to Sections 6-601, 6-602 and
266-603 of the Illinois Highway Code, and such tax was levied in

 

 

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1an amount which would require extension at a rate of not less
2than .08% of the value of the taxable property thereof, as
3equalized or assessed by the Department of Revenue, or, in
4DuPage County, an amount equal to or greater than $12,000 per
5mile of road under the jurisdiction of the road district,
6whichever is less, such levy shall, however, be deemed a proper
7compliance with this Section and shall qualify such road
8district for an allotment under this Section. Beginning in 2011
9and thereafter, if any road district has levied a special tax
10for road purposes under Sections 6-601, 6-602, and 6-603 of the
11Illinois Highway Code, and the tax was levied in an amount that
12would require extension at a rate of not less than 0.08% of the
13value of the taxable property of that road district, as
14equalized or assessed by the Department of Revenue or, in
15DuPage County, an amount equal to or greater than $12,000 per
16mile of road under the jurisdiction of the road district,
17whichever is less, that levy shall be deemed a proper
18compliance with this Section and shall qualify such road
19district for a full, rather than proportionate, allotment under
20this Section. If the levy for the special tax is less than
210.08% of the value of the taxable property, or, in DuPage
22County if the levy for the special tax is less than the lesser
23of (i) 0.08% or (ii) $12,000 per mile of road under the
24jurisdiction of the road district, and if the levy for the
25special tax is more than any other levy for road and bridge
26purposes, then the levy for the special tax qualifies the road

 

 

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1district for a proportionate, rather than full, allotment under
2this Section. If the levy for the special tax is equal to or
3less than any other levy for road and bridge purposes, then any
4allotment under this Section shall be determined by the other
5levy for road and bridge purposes.
6    Prior to 2011, if a township has transferred to the road
7and bridge fund money which, when added to the amount of any
8tax levy of the road district would be the equivalent of a tax
9levy requiring extension at a rate of at least .08%, or, in
10DuPage County, an amount equal to or greater than $12,000 per
11mile of road under the jurisdiction of the road district,
12whichever is less, such transfer, together with any such tax
13levy, shall be deemed a proper compliance with this Section and
14shall qualify the road district for an allotment under this
15Section.
16    In counties in which a property tax extension limitation is
17imposed under the Property Tax Extension Limitation Law, road
18districts may retain their entitlement to a motor fuel tax
19allotment or, beginning in 2011, their entitlement to a full
20allotment if, at the time the property tax extension limitation
21was imposed, the road district was levying a road and bridge
22tax at a rate sufficient to entitle it to a motor fuel tax
23allotment and continues to levy the maximum allowable amount
24after the imposition of the property tax extension limitation.
25Any road district may in all circumstances retain its
26entitlement to a motor fuel tax allotment or, beginning in

 

 

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12011, its entitlement to a full allotment if it levied a road
2and bridge tax in an amount that will require the extension of
3the tax against the taxable property in the road district at a
4rate of not less than 0.08% of the assessed value of the
5property, based upon the assessment for the year immediately
6preceding the year in which the tax was levied and as equalized
7by the Department of Revenue or, in DuPage County, an amount
8equal to or greater than $12,000 per mile of road under the
9jurisdiction of the road district, whichever is less.
10    As used in this Section the term "road district" means any
11road district, including a county unit road district, provided
12for by the Illinois Highway Code; and the term "township or
13district road" means any road in the township and district road
14system as defined in the Illinois Highway Code. For the
15purposes of this Section, "township or district road" also
16includes such roads as are maintained by park districts, forest
17preserve districts and conservation districts. The Department
18of Transportation shall determine the mileage of all township
19and district roads for the purposes of making allotments and
20allocations of motor fuel tax funds for use in road districts.
21    Payment of motor fuel tax moneys to municipalities and
22counties shall be made as soon as possible after the allotment
23is made. The treasurer of the municipality or county may invest
24these funds until their use is required and the interest earned
25by these investments shall be limited to the same uses as the
26principal funds.

 

 

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1(Source: P.A. 97-72, eff. 7-1-11; 97-333, eff. 8-12-11; 98-24,
2eff. 6-19-13; 98-674, eff. 6-30-14.)
 
3    Section 15. The Counties Code is amended by adding Section
45-1184 as follows:
 
5    (55 ILCS 5/5-1184 new)
6    Sec. 5-1184. Dissolution of townships in McHenry County. If
7a township in McHenry County dissolves as provided in Article
824 of the Township Code, McHenry County shall assume the
9powers, duties, and obligations of each dissolved township as
10provided in Article 24 of the Township Code.
 
11    Section 20. The Township Code is amended by adding Article
1224 as follows:
 
13    (60 ILCS 1/Art. 24 heading new)
14
ARTICLE 24. DISSOLUTION OF
15
TOWNSHIPS IN MCHENRY COUNTY

 
16    (60 ILCS 1/24-10 new)
17    Sec. 24-10. Definition. As used in this Article, "electors"
18means the registered voters of any single township in McHenry
19County.
 
20    (60 ILCS 1/24-15 new)

 

 

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1    Sec. 24-15. Dissolving a township in McHenry County. By
2resolution, the board of trustees of any township located in
3McHenry County may submit a proposition to dissolve the
4township to the electors of that township at the election next
5following in accordance with the general election law. The
6ballot shall be as provided for in Section 24-30.
 
7    (60 ILCS 1/24-20 new)
8    Sec. 24-20. Petition requirements; notice.
9    (a) Subject to the petition requirements of Section 28-3 of
10the Election Code, petitions for a referendum to dissolve a
11township located in McHenry County must be filed with the
12governing board of the township, the county board of McHenry
13County, and the McHenry County Clerk not less than 122 days
14prior to any election held throughout the township. Petitions
15must include:
16        (1) the name of the dissolving township;
17        (2) the date of dissolution; and
18        (3) signatures of a number of electors as follows: (A)
19    for any township, the number of signatures shall be the
20    larger of (i) 5% of the total ballots cast in the township
21    in the immediately preceding election that is of an
22    election type comparable to the election for which the
23    petition is being filed, or (ii) 250 signatures. All
24    signatures gathered under this paragraph (3) must be signed
25    within 180 days prior to the filing of a petition.

 

 

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1    (b) The proposed date of dissolution shall be at least 90
2days after the date of the election at which the referendum is
3to be voted upon.
4    (c) If a valid petition is filed under subsection (a), then
5the McHenry County Clerk shall, by publication in one or more
6newspapers of general circulation within the county and on the
7county's website, not less than 90 days prior to the election
8at which the referendum is to be voted on, give notice in
9substantially the following form:
 
10    NOTICE OF PETITION TO DISSOLVE (dissolving township).
11    Residents of (dissolving township) and McHenry County are
12    notified that a petition has been filed with (dissolving
13    township) and McHenry County requesting a referendum to
14    dissolve (dissolving township) on (date of dissolution)
15    with all real and personal property, and any other assets,
16    together with all personnel, contractual obligations, and
17    liabilities being transferred to McHenry County.
 
18    (60 ILCS 1/24-25 new)
19    Sec. 24-25. Ballot placement. A petition that meets the
20requirements of Section 24-20 shall be placed on the ballot in
21the form provided for in Section 24-30 at the election next
22following.
 
23    (60 ILCS 1/24-30 new)

 

 

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

 

 

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

 

 

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1    cemeteries, and the Chief County Assessment officer of
2    McHenry County exercising the duties of the township
3    assessor.
4        (4) The McHenry County Board shall not extend a
5    property tax levy that is greater than 90% of the property
6    tax levy extended by the dissolved township or road
7    districts for the duties taken on by McHenry County. This
8    property tax levy may not be extended outside the
9    boundaries of the dissolved township. In all subsequent
10    years, this levy shall be bound by the provisions of the
11    Property Tax Extension Limitation Law.
12        A tax levy extended under this paragraph may be used
13    for the purposes allowed by the statute authorizing the tax
14    levy or to pay liabilities of the dissolved township or
15    dissolved road districts that were transferred to the
16    county under paragraph (1). The taxpayers within the
17    boundaries of the dissolved township are responsible to pay
18    any liabilities transferred to the county: the county shall
19    reduce spending within the boundaries of the former
20    township in the amount necessary to pay off any liabilities
21    transferred to the county under paragraph (1) that are not
22    covered by the assets enumerated in paragraph (1) or taxes
23    under this paragraph.
24        (5) All road districts wholly within the boundaries of
25    the dissolving township are dissolved on the date of
26    dissolution of the dissolving township, and all powers and

 

 

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1    responsibilities of each road district are transferred to
2    McHenry County except as provided in paragraph (6).
3        (6) The county board of McHenry County shall give
4    written notice to each municipality whose governing board
5    meets within the boundaries of a dissolving township that
6    the municipality may make an offer, on or before 60 days
7    after the date of dissolution of the dissolving township,
8    that the municipality will assume all of the powers and
9    responsibilities of a road district or road districts
10    wholly inside the dissolving township. The notice shall be
11    sent to each municipality on or before 30 days after the
12    date of dissolution of the township. Any eligible
13    municipality may, with consent of its governing board, make
14    an offer to assume all of the powers and responsibilities
15    of the dissolving township's road district or road
16    districts. A municipality may offer to assume the powers
17    and responsibilities only for a limited period of time. If
18    one or more offers are received by McHenry County on or
19    before 60 days after the date of dissolution of the
20    dissolving township, the county board of McHenry County
21    shall select the best offer or offers that the board
22    determines would be in the best interest and welfare of the
23    affected resident population. If no municipality makes an
24    offer or if no satisfactory offer is made, the powers and
25    duties of the dissolving township's road district or road
26    districts are retained by McHenry County. The municipality

 

 

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1    that assumes the powers and duties of the dissolving
2    township's road district or road districts shall not extend
3    a road district property tax levy under Division 5 of
4    Article 6 of the Illinois Highway Code that is greater than
5    90% of the road district property tax levy that was
6    extended by the county on behalf of the dissolving
7    township's road district or road districts for the duties
8    taken on by the municipality.
9        (7) On the date of dissolution of the township or road
10    district, elected and appointed township officers and road
11    commissioners shall cease to hold office. An elected or
12    appointed township official or township road commissioner
13    shall not be compensated for any other duties performed
14    after the dissolution of the township or road district that
15    they represented. An elected township official or township
16    road commissioner shall not have legal recourse relating to
17    the ceasing of their elected or appointed positions upon
18    the ceasing of their position.
 
19    Section 25. The Illinois Highway Code is amended by adding
20Section 6-140 as follows:
 
21    (605 ILCS 5/6-140 new)
22    Sec. 6-140. Abolishing a road district within Lake County
23or McHenry County with less than 15 miles of roads. Any
24township in Lake County or McHenry County shall abolish a road

 

 

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1district of that township if the roads of the road district are
2less than 15 centerline miles in length, as determined by the
3county engineer or county superintendent of highways. A road
4district is abolished on the expiration of the term of office
5of the highway commissioner of the road district facing
6abolition following the determination by the county engineer or
7county superintendent of highways of the length, in centerline
8mileage, of the roads within the road district to be abolished.
9    On the date of abolition: all the rights, powers, duties,
10assets, property, liabilities, obligations, and
11responsibilities of the road district shall by operation of law
12vest in and be assumed by the township; the township board of
13trustees shall assume all taxing authority of a road district
14abolished under this Section and shall exercise all duties and
15responsibilities of the highway commissioner as provided in
16this Code; and for purposes of distribution of revenue, the
17township shall assume the powers, duties, and obligations of
18the road district. The township board of trustees may enter
19into a contract with the county, a municipality, or a private
20contractor to administer the roads added to its jurisdiction
21under this Section.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".