104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3581

 

Introduced 2/18/2025, by Rep. Dan Ugaste

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 505/8  from Ch. 120, par. 424
55 ILCS 5/5-1185
60 ILCS 1/Art. 24 heading
60 ILCS 1/24-10
60 ILCS 1/24-15
60 ILCS 1/24-20
60 ILCS 1/24-30
60 ILCS 1/24-35
605 ILCS 5/6-140
605 ILCS 5/6-135 rep.

    Amends the Dissolution of Townships in McHenry County Article of the Township Code. Renames the Article and makes it applicable to all counties under township organization. Amends the Counties Code and the Motor Fuel Tax Law making conforming changes. Amends the Illinois Highway Code. Changes provisions requiring road districts in townships in Lake County and McHenry County to be abolished if the roads of the road district are less than 15 miles in length to require all townships to abolish such road districts. Repeals provisions making abolition permissive for townships with road districts that have roads of less than 15 miles in length. Effective immediately.


LRB104 06161 RTM 16195 b

 

 

A BILL FOR

 

HB3581LRB104 06161 RTM 16195 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 5. The Motor Fuel Tax Law is amended by changing
5Section 8 as follows:
 
6    (35 ILCS 505/8)  (from Ch. 120, par. 424)
7    Sec. 8. Distribution of proceeds of tax. Except as
8provided in subsection (a-1) of this Section, Section 8a,
9subdivision (h)(1) of Section 12a, Section 13a.6, and items
1013, 14, 15, and 16 of Section 15, all money received by the
11Department under this Act, including payments made to the
12Department by member jurisdictions participating in the
13International Fuel Tax Agreement, shall be deposited into a
14special fund in the State treasury, to be known as the Motor
15Fuel Tax Fund, and shall be used as follows:
16    (a) 2 1/2 cents per gallon of the tax collected on special
17fuel under paragraph (b) of Section 2 and Section 13a of this
18Act shall be transferred to the State Construction Account
19Fund in the State Treasury; the remainder of the tax collected
20on special fuel under paragraph (b) of Section 2 and Section
2113a of this Act shall be deposited into the Road Fund;
22    (a-1) Beginning on July 1, 2019, an amount equal to the
23amount of tax collected under subsection (a) of Section 2 and

 

 

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1Section 13a as a result of the increase in the tax rate under
2subsection (a) of Section 2 authorized by Public Act 101-32
3shall be deposited each month into the Transportation Renewal
4Fund; provided, however, that the amount that represents the
5part (b) portion of the rate under Section 13a shall be
6deposited each month into the Motor Fuel Tax Fund and the
7Transportation Renewal Fund in the same proportion as the
8amount collected under subsection (a) of Section 2;
9    (b) $420,000 shall be transferred each month to the State
10Boating Act Fund to be used by the Department of Natural
11Resources for the purposes specified in Article X of the Boat
12Registration and Safety Act;
13    (c) $3,500,000 shall be transferred each month to the
14Grade Crossing Protection Fund to be used as follows: not less
15than $12,000,000 each fiscal year shall be used for the
16construction or reconstruction of rail highway grade
17separation structures; $5,500,000 in fiscal year 2022 and each
18fiscal year thereafter shall be transferred to the
19Transportation Regulatory Fund and shall be used to pay the
20cost of administration of the Illinois Commerce Commission's
21railroad safety program in connection with its duties under
22subsection (3) of Section 18c-7401 of the Illinois Vehicle
23Code, with the remainder to be used by the Department of
24Transportation upon order of the Illinois Commerce Commission,
25to pay that part of the cost apportioned by such Commission to
26the State to cover the interest of the public in the use of

 

 

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1highways, roads, streets, or pedestrian walkways in the county
2highway system, township and district road system, or
3municipal street system as defined in the Illinois Highway
4Code, as the same may from time to time be amended, for
5separation of grades, for installation, construction or
6reconstruction of crossing protection or reconstruction,
7alteration, relocation including construction or improvement
8of any existing highway necessary for access to property or
9improvement of any grade crossing and grade crossing surface
10including the necessary highway approaches thereto of any
11railroad across the highway or public road, or for the
12installation, construction, reconstruction, or maintenance of
13safety treatments to deter trespassing or a pedestrian walkway
14over or under a railroad right-of-way, as provided for in and
15in accordance with Section 18c-7401 of the Illinois Vehicle
16Code. The Commission may order up to $2,000,000 per year in
17Grade Crossing Protection Fund moneys for the improvement of
18grade crossing surfaces and up to $300,000 per year for the
19maintenance and renewal of 4-quadrant gate vehicle detection
20systems located at non-high speed rail grade crossings. In
21entering orders for projects for which payments from the Grade
22Crossing Protection Fund will be made, the Commission shall
23account for expenditures authorized by the orders on a cash
24rather than an accrual basis. For purposes of this requirement
25an "accrual basis" assumes that the total cost of the project
26is expended in the fiscal year in which the order is entered,

 

 

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

 

 

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1    Act, and refunds provided for under the terms of the
2    International Fuel Tax Agreement referenced in Section
3    14a;
4        (4) from October 1, 1985 until June 30, 1994, the
5    administration of the Vehicle Emissions Inspection Law,
6    which amount shall be certified monthly by the
7    Environmental Protection Agency to the State Comptroller
8    and shall promptly be transferred by the State Comptroller
9    and Treasurer from the Motor Fuel Tax Fund to the Vehicle
10    Inspection Fund, and for the period July 1, 1994 through
11    June 30, 2000, one-twelfth of $25,000,000 each month, for
12    the period July 1, 2000 through June 30, 2003, one-twelfth
13    of $30,000,000 each month, and $15,000,000 on July 1,
14    2003, and $15,000,000 on January 1, 2004, and $15,000,000
15    on each July 1 and October 1, or as soon thereafter as may
16    be practical, during the period July 1, 2004 through June
17    30, 2012, and $30,000,000 on June 1, 2013, or as soon
18    thereafter as may be practical, and $15,000,000 on July 1
19    and October 1, or as soon thereafter as may be practical,
20    during the period of July 1, 2013 through June 30, 2015,
21    for the administration of the Vehicle Emissions Inspection
22    Law of 2005, to be transferred by the State Comptroller
23    and Treasurer from the Motor Fuel Tax Fund into the
24    Vehicle Inspection Fund;
25        (4.5) beginning on July 1, 2019, the costs of the
26    Environmental Protection Agency for the administration of

 

 

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1    the Vehicle Emissions Inspection Law of 2005 shall be
2    paid, subject to appropriation, from the Motor Fuel Tax
3    Fund into the Vehicle Inspection Fund; beginning in 2019,
4    no later than December 31 of each year, or as soon
5    thereafter as practical, the State Comptroller shall
6    direct and the State Treasurer shall transfer from the
7    Vehicle Inspection Fund to the Motor Fuel Tax Fund any
8    balance remaining in the Vehicle Inspection Fund in excess
9    of $2,000,000;
10        (5) amounts ordered paid by the Court of Claims; and
11        (6) payment of motor fuel use taxes due to member
12    jurisdictions under the terms of the International Fuel
13    Tax Agreement. The Department shall certify these amounts
14    to the Comptroller by the 15th day of each month; the
15    Comptroller shall cause orders to be drawn for such
16    amounts, and the Treasurer shall administer those amounts
17    on or before the last day of each month;
18    (e) after allocations for the purposes set forth in
19subsections (a), (a-1), (b), (c), and (d), the remaining
20amount shall be apportioned as follows:
21        (1) Until January 1, 2000, 58.4%, and beginning
22    January 1, 2000, 45.6% shall be deposited as follows:
23            (A) 37% into the State Construction Account Fund,
24        and
25            (B) 63% into the Road Fund, $1,250,000 of which
26        shall be reserved each month for the Department of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1rate that is less than the lesser of (i) 0.08% of the value of
2the taxable property in the road district, based upon the
3assessment for the year immediately prior to the year in which
4such tax was levied and as equalized by the Department of
5Revenue, or (ii) a rate that will yield an amount equal to
6$12,000 per mile of road under the jurisdiction of the road
7district, then the amount of the allocation for the road
8district shall be a percentage of the maximum allocation equal
9to the percentage obtained by dividing the rate extended by
10the district by the lesser of (i) 0.08% or (ii) the rate that
11will yield an amount equal to $12,000 per mile of road under
12the jurisdiction of the road district.
13    Prior to 2011, if any road district has levied a special
14tax for road purposes pursuant to Sections 6-601, 6-602, and
156-603 of the Illinois Highway Code, and such tax was levied in
16an amount which would require extension at a rate of not less
17than .08% of the value of the taxable property thereof, as
18equalized or assessed by the Department of Revenue, or, in
19DuPage County, an amount equal to or greater than $12,000 per
20mile of road under the jurisdiction of the road district,
21whichever is less, such levy shall, however, be deemed a
22proper compliance with this Section and shall qualify such
23road district for an allotment under this Section. Beginning
24in 2011 and thereafter, if any road district has levied a
25special tax for road purposes under Sections 6-601, 6-602, and
266-603 of the Illinois Highway Code, and the tax was levied in

 

 

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1an amount that would require extension at a rate of not less
2than 0.08% of the value of the taxable property of that road
3district, as equalized or assessed by the Department of
4Revenue or, in DuPage County, an amount equal to or greater
5than $12,000 per mile of road under the jurisdiction of the
6road district, whichever is less, that levy shall be deemed a
7proper compliance with this Section and shall qualify such
8road district for a full, rather than proportionate, allotment
9under this Section. If the levy for the special tax is less
10than 0.08% of the value of the taxable property, or, in DuPage
11County if the levy for the special tax is less than the lesser
12of (i) 0.08% or (ii) $12,000 per mile of road under the
13jurisdiction of the road district, and if the levy for the
14special tax is more than any other levy for road and bridge
15purposes, then the levy for the special tax qualifies the road
16district for a proportionate, rather than full, allotment
17under this Section. If the levy for the special tax is equal to
18or less than any other levy for road and bridge purposes, then
19any allotment under this Section shall be determined by the
20other levy for road and bridge purposes.
21    Prior to 2011, if a township has transferred to the road
22and bridge fund money which, when added to the amount of any
23tax levy of the road district would be the equivalent of a tax
24levy requiring extension at a rate of at least .08%, or, in
25DuPage County, an amount equal to or greater than $12,000 per
26mile of road under the jurisdiction of the road district,

 

 

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1whichever is less, such transfer, together with any such tax
2levy, shall be deemed a proper compliance with this Section
3and shall qualify the road district for an allotment under
4this Section.
5    In counties in which a property tax extension limitation
6is imposed under the Property Tax Extension Limitation Law,
7road districts may retain their entitlement to a motor fuel
8tax allotment or, beginning in 2011, their entitlement to a
9full allotment if, at the time the property tax extension
10limitation was imposed, the road district was levying a road
11and bridge tax at a rate sufficient to entitle it to a motor
12fuel tax allotment and continues to levy the maximum allowable
13amount after the imposition of the property tax extension
14limitation. Any road district may in all circumstances retain
15its entitlement to a motor fuel tax allotment or, beginning in
162011, its entitlement to a full allotment if it levied a road
17and bridge tax in an amount that will require the extension of
18the tax against the taxable property in the road district at a
19rate of not less than 0.08% of the assessed value of the
20property, based upon the assessment for the year immediately
21preceding the year in which the 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.
25    As used in this Section, the term "road district" means
26any road district, including a county unit road district,

 

 

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1provided for by the Illinois Highway Code; and the term
2"township or district road" means any road in the township and
3district road system as defined in the Illinois Highway Code.
4For the purposes of this Section, "township or district road"
5also includes such roads as are maintained by park districts,
6forest preserve districts and conservation districts. The
7Department of Transportation shall determine the mileage of
8all township and district roads for the purposes of making
9allotments and allocations of motor fuel tax funds for use in
10road districts.
11    Payment of motor fuel tax moneys to municipalities and
12counties shall be made as soon as possible after the allotment
13is made. The treasurer of the municipality or county may
14invest these funds until their use is required and the
15interest earned by these investments shall be limited to the
16same uses as the principal funds.
17(Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21;
18102-699, eff. 4-19-22; 103-8, eff. 6-7-23.)
 
19    Section 10. The Counties Code is amended by changing and
20renumbering Section 5-1185, as added by Public Act 101-230, as
21follows:
 
22    (55 ILCS 5/5-1185)
23    Sec. 5-1185. Dissolution of townships in McHenry County.
24If a township in McHenry County dissolves as provided in

 

 

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1Article 24 of the Township Code, the county McHenry County
2shall assume the powers, duties, and obligations of each
3dissolved township as provided in Article 24 of the Township
4Code.
5(Source: P.A. 101-230, eff. 8-9-19; 102-558, eff. 8-20-21.)
 
6    Section 15. The Township Code is amended by changing the
7heading of Article 24 and Sections 24-10, 24-15, 24-20, 24-30,
8and 24-35 as follows:
 
9    (60 ILCS 1/Art. 24 heading)
10
ARTICLE 24. DISSOLUTION OF
11
TOWNSHIPS IN MCHENRY COUNTY
12(Source: P.A. 101-230, eff. 8-9-19.)
 
13    (60 ILCS 1/24-10)
14    Sec. 24-10. Definition. As used in this Article,
15"electors" means the registered voters of any single township
16in a county under township organization McHenry County.
17(Source: P.A. 101-230, eff. 8-9-19.)
 
18    (60 ILCS 1/24-15)
19    Sec. 24-15. Dissolving a township in McHenry County. By
20resolution, the board of trustees of a any township located in
21McHenry County may submit a proposition to dissolve the
22township to the electors of that township at the election next

 

 

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1following in accordance with the general election law. The
2ballot shall be as provided for in Section 24-30.
3(Source: P.A. 101-230, eff. 8-9-19.)
 
4    (60 ILCS 1/24-20)
5    Sec. 24-20. Petition requirements; notice.
6    (a) Subject to the petition requirements of Section 28-3
7of the Election Code, petitions for a referendum to dissolve a
8township located in McHenry County must be filed with the
9governing board of the township, the county board of McHenry
10County, and the county clerk McHenry County Clerk not less
11than 122 days prior to any election held throughout the
12township. Petitions must include:
13        (1) the name of the dissolving township;
14        (2) the date of dissolution; and
15        (3) signatures of a number of electors as follows: (A)
16    for any township, the number of signatures shall be the
17    larger of (i) 5% of the total ballots cast in the township
18    in the immediately preceding election that is of an
19    election type comparable to the election for which the
20    petition is being filed, or (ii) 250 signatures. All
21    signatures gathered under this paragraph (3) must be
22    signed within 180 days prior to the filing of a petition.
23    (b) The proposed date of dissolution shall be at least 90
24days after the date of the election at which the referendum is
25to be voted upon.

 

 

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1    (c) If a valid petition is filed under subsection (a),
2then the county clerk McHenry County Clerk shall, by
3publication in one or more newspapers of general circulation
4within the county and on the county's website, not less than 90
5days prior to the election at which the referendum is to be
6voted on, give notice in substantially the following form:
 
7    NOTICE OF PETITION TO DISSOLVE (dissolving township).
8    Residents of (dissolving township) and (county) McHenry
9    County are notified that a petition has been filed with
10    (dissolving township) and (county) McHenry County
11    requesting a referendum to dissolve (dissolving township)
12    on (date of dissolution) with all real and personal
13    property, and any other assets, together with all
14    personnel, contractual obligations, and liabilities being
15    transferred to (county) McHenry County.
16(Source: P.A. 101-230, eff. 8-9-19.)
 
17    (60 ILCS 1/24-30)
18    Sec. 24-30. Referendum; voting.
19    (a) Subject to the requirements of Section 16-7 of the
20Election Code, the referendum described in Section 24-25 shall
21be in substantially the following form on the ballot:
22--------
23    Shall the (dissolving
24township), together with any road

 

 

HB3581- 18 -LRB104 06161 RTM 16195 b

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 (county) McHenry County?
9-------------------------------------------------------------
10    (b) The referendum is approved when a majority of those
11voting in the election from the dissolving township approve
12the referendum.
13(Source: P.A. 101-230, eff. 8-9-19.)
 
14    (60 ILCS 1/24-35)
15    Sec. 24-35. Dissolution; transfer of rights and duties.
16When the dissolution of a township has been approved under
17Section 24-30:
18        (1) On or before the date of dissolution, all real and
19    personal property, and any other assets, together with all
20    personnel, contractual obligations, and liabilities of the
21    dissolving township and road districts wholly within the
22    boundaries of the dissolving township shall be transferred
23    to the county McHenry County. All funds of the dissolved
24    township and dissolved road districts shall be used solely
25    on behalf of the residents of the geographic area within

 

 

HB3581- 19 -LRB104 06161 RTM 16195 b

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

 

 

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

 

 

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

 

 

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1    of the Illinois Highway Code that is greater than 90% of
2    the road district property tax levy that was extended by
3    the county on behalf of the dissolving township's road
4    district or road districts for the duties taken on by the
5    municipality.
6        (7) On the date of dissolution of the township or road
7    district, elected and appointed township officers and road
8    commissioners shall cease to hold office. An elected or
9    appointed township official or township road commissioner
10    shall not be compensated for any other duties performed
11    after the dissolution of the township or road district
12    that they represented. An elected township official or
13    township road commissioner shall not have legal recourse
14    relating to the ceasing of their elected or appointed
15    positions upon the ceasing of their position.
16(Source: P.A. 101-230, eff. 8-9-19.)
 
17    Section 20. The Illinois Highway Code is amended by
18changing Section 6-140 as follows:
 
19    (605 ILCS 5/6-140)
20    Sec. 6-140. Abolishing a township road district within
21Lake County or McHenry County with less than 15 miles of roads.
22A Any township in Lake County or McHenry County shall abolish a
23road district of that township if the roads of the road
24district are less than 15 centerline miles in length, as

 

 

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1determined by the county engineer or county superintendent of
2highways. A road district is abolished on the expiration of
3the term of office of the highway commissioner of the road
4district facing abolition following the determination by the
5county engineer or county superintendent of highways of the
6length, in centerline mileage, of the roads within the road
7district to be abolished.
8    On the date of abolition: all the rights, powers, duties,
9assets, property, liabilities, obligations, and
10responsibilities of the road district shall by operation of
11law vest in and be assumed by the township; the township board
12of trustees shall assume all taxing authority of a road
13district abolished under this Section and shall exercise all
14duties and responsibilities of the highway commissioner as
15provided in this Code; and for purposes of distribution of
16revenue, the township shall assume the powers, duties, and
17obligations of the road district. The township board of
18trustees may enter into a contract with the county, a
19municipality, or a private contractor to administer the roads
20added to its jurisdiction under this Section.
21(Source: P.A. 101-230, eff. 8-9-19.)
 
22    (605 ILCS 5/6-135 rep.)
23    Section 25. The Illinois Highway Code is amended by
24repealing Section 6-135.
 
25    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.