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Public Act 92-0800
HB4365 Enrolled LRB9212636DHmg
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 6-130, 6-508, and 6-701.8 as follows:
(605 ILCS 5/6-130) (from Ch. 121, par. 6-130)
Sec. 6-130. Notwithstanding any other provision of this
Act to the contrary, no township road district may continue
in existence if the roads forming a part of the district do
not exceed a total of 4 miles in length. On the first Tuesday
in April of 1975, or of any subsequent year next succeeding
the reduction of a township road system to a total mileage of
4 miles or less, each such township road district shall, by
operation of law, be abolished. The roads comprising that
district at that time shall thereafter be administered by the
township board of trustees by contracting with the county, a
municipality or a private contractor. The township board of
trustees shall assume all taxing authority of a township road
district abolished under this Section.
(Source: P.A. 83-605.)
(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 $5,000, the road district
commissioner shall also obtain the permission of the county
engineer.
(Source: P.A. 92-268, eff. 1-1-02.)
(605 ILCS 5/6-701.8) (from Ch. 121, par. 6-701.8)
Sec. 6-701.8. The formula allocation for township and
road districts for the distribution of motor fuel tax funds,
provided for in Section 8 in the "Motor Fuel Tax Law", may be
used by the highway commissioner, subject to the conditions
set out in Sections 6-301, 6-701.1 and 6-701.2 as respects
the methods, equipment and materials appropriate for such
maintenance or improvement, and, in township counties, with
the approval of the board of town trustees, for the
maintenance or improvement of nondedicated subdivision roads
established prior to July 23, 1959. Any such road improved
becomes, by operation of law, a part of the township and
district road system providing such road meets standards as
established by the county. In township counties, the board of
town trustees shall condition its approval, as required by
this Section, upon proportional matching contributions,
whether in cash, kind, services or otherwise, by property
owners in the subdivision where such a road is situated. No
more than the amount of the increase in allocation
attributable to this amendatory Act of 1979 and any
subsequent amendatory Act plus 50% 20% of such funds
otherwise allocated under the formula as provided in Section
8 in the "Motor Fuel Tax Law" and subsequently approved as
provided in this Section, may be expended on eligible
nondedicated subdivision roads.
(Source: P.A. 83-957.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 22, 2002.
Approved August 16, 2002.
Effective August 16, 2002.
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