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92_HB4335enr HB4335 Enrolled LRB9214223BDdvA 1 AN ACT concerning townships. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Township Code is amended by changing 5 Section 235-5 as follows: 6 (60 ILCS 1/235-5) 7 Sec. 235-5. Township taxes for various purposes. The 8 township board may raise money, by taxation not exceeding the 9 rates established in Section 235-10, for the following 10 purposes: 11 (1) Prosecuting or defending suits by or against 12 the township or in which the township is interested. 13 (2) Maintaining cemeteries under the control, 14 management, and ownership of the township and 15 controlling, managing, and maintaining public cemeteries 16 not operated for profit, notwithstanding the provisions 17 of Section 1c of the Public Graveyards Act. 18 (3) Maintaining and operating a public nonsectarian 19 hospital under Article 175. This authorization does not 20 apply to any township that avails itself of the 21 provisions of Article 170. 22 (4) Maintaining and operating a township committee 23 on youth under Section 215-5. 24 (5) Providing mental health services under Section 25 190-10. 26 (6) Providing services in cooperation with another 27 governmental entity, not-for-profit corporation, or 28 nonprofit community service association under Section 29 85-13. 30 (7) Maintaining and operating a township committee 31 for senior citizens' services under Section 220-10. HB4335 Enrolled -2- LRB9214223BDdvA 1 (8) Maintaining and operating a township health 2 service that may provide, but is not required to provide 3 or limited to providing, examination, diagnosis, testing, 4 and inoculation and all necessary and appurtenant 5 personnel, equipment, and insurance. 6 (9) Accumulating moneys in a dedicated fund for a 7 specific capital construction or maintenance project or a 8 major equipment purchase. The annual budget and 9 appropriation ordinance for the township shall state the 10 amount, purpose, and duration of any accumulation of 11 funds authorized under this Section, with specific 12 reference to each project to be constructed or equipment 13 to be purchased. Nothing in this item precludes a 14 township from accumulating moneys as provided in Section 15 6-501 of the Illinois Highway Code. 16 (10)(9)Any other purpose authorized by law. 17 (Source: P.A. 91-357, eff. 7-29-99.) 18 Section 10. The Illinois Highway Code is amended by 19 changing Section 6-501 as follows: 20 (605 ILCS 5/6-501) (from Ch. 121, par. 6-501) 21 Sec. 6-501. (a) Findings and purpose. The General 22 Assembly finds: 23 (1) That the financial conditions of the Township 24 and District road systems of the State of Illinois have 25 suffered adversely as a result of changes in law 26 concerning assessed valuation of property for tax 27 purposes. That as a result of the changes beginning in 28 1945, the rates of permissible levy were first halved to 29 accommodate full fair value, but never restored when 30 subsequent law change established the legal assessed 31 valuation at 50% of fair market value as equalized by the 32 Department of Revenue. HB4335 Enrolled -3- LRB9214223BDdvA 1 (2) Townships and district road systems, as a 2 result of the decreased financial support, have suffered 3 a decline in ability to maintain or improve roads and 4 bridges in a safe condition to permit the normal and 5 ordinary use of its highway system. In many instances 6 bridges have been closed and detours required because of 7 impossible road conditions resulting in hardships for 8 school districts in transporting pupils and for farms in 9 moving products to market. 10 (3) Further, cost for maintenance and improvements 11 have risen faster than the valuations of property, the 12 base of financial support. 13 (4) To solve these problems, this Act makes changes 14 in rates of taxation -- returning Townships and District 15 road systems to their approximate financial viability 16 prior to 1945. 17 (b) The highway commissioner for each road district in 18 each county not under township organization shall on or 19 before the third Tuesday in December of each year determine 20 and certify to the county board the amount necessary to be 21 raised by taxation for road purposes and for the salaries of 22 elected road district officials in the road district. 23 Should any highway commissioner during the last year of 24 his term of office for any reason not file the certificate in 25 the office of the county clerk, as required by this Section, 26 in time for presentation to the regular September meeting of 27 the county board, the clerk shall present in lieu thereof a 28 certificate equal in amount to that presented for the 29 preceding year. 30 In every such county the certificate shall be filed in 31 the office of the county clerk and by that official presented 32 to the county board at the regular September meeting for the 33 consideration of the board. The amount so certified if 34 approved by the county board, or the part thereof as the HB4335 Enrolled -4- LRB9214223BDdvA 1 county board does approve, shall be extended by the county 2 clerk as road taxes against the taxable property of the 3 district. 4 (c) The highway commissioner in each road district in 5 each county having adopted township organization shall in 6 accordance with the Illinois Municipal Budget Law at least 30 7 days prior to the public meeting required by this paragraph, 8 each year prepare or cause to be prepared a tentative budget 9 and appropriation ordinance and file the same with the clerk 10 of the township or consolidated township road district, as 11 the case may be, who shall make the tentative budget and 12 appropriation ordinance conveniently available to the public 13 inspection for at least 30 days prior to final action. One 14 public hearing shall be held. This public hearing shall be 15 held on or before the last day of the first quarter of the 16 fiscal year before the township board of trustees or the 17 highway board of trustees, as the case may be. Notice of the 18 hearing shall be given by publication in a newspaper 19 published in the road district at least 30 days prior to the 20 time of the hearing. If there is no newspaper published in 21 the road district, notice of the public hearing shall be 22 given by posting notices in 5 of the most public places in 23 the district. It shall be the duty of the clerk of the road 24 district to arrange for the public hearing. The township 25 board of trustees or highway board of trustees, as the case 26 may be, at the public hearing shall adopt the tentative 27 budget and appropriation ordinance, or any part as the board 28 of trustees deem necessary. 29 On or before the last Tuesday in December the township 30 board of trustees or highway board of trustees or road 31 district commissioner, as the case may be, shall levy and 32 certify to the county clerk the amount necessary to be raised 33 by taxation for road purposes and the road district 34 commissioner shall levy and certify to the county clerk the HB4335 Enrolled -5- LRB9214223BDdvA 1 amount necessary to be raised by taxation for the salaries of 2 elected road district officials in the road district, as 3 determined by the highway commissioner. 4 The amount so certified shall be extended by the county 5 clerk as road taxes against the taxable property of the 6 district. 7 On or after October 10, 1991, a road district 8 commissioner whose district is located in a county not under 9 township organization may not levy separately a tax for 10 salaries of elected road district officials unless the tax 11 has been first approved by a majority of the electors voting 12 on the question at a referendum conducted in accordance with 13 the general election law. The question submitted to the 14 electors at the referendum shall be in substantially the 15 following form: "Shall the road district commissioner be 16 authorized to levy an annual tax for the salaries of elected 17 road district officials under Section 6-501 of the Illinois 18 Highway Code?" 19 Except as is otherwise permitted by this Code and when 20 the road district commissioner establishes the tax rate for 21 the salaries of elected road district officials, the county 22 clerk shall not extend taxes for road purposes against the 23 taxable property in any road district at rates in excess of 24 the following: 25 (1) in a road district comprised of a single 26 township in a county having township organization, at a 27 rate in excess of .125% of the value, as equalized or 28 assessed by the Department of Revenue; unless before the 29 last Tuesday in December annually the highway 30 commissioner of the township road district shall have 31 secured the consent in writing of a majority of the 32 members of the township board of trustees to the 33 extension of a greater rate, in which case the rate shall 34 not exceed that approved by a majority of the members of HB4335 Enrolled -6- LRB9214223BDdvA 1 the township board of trustees, but in no case shall it 2 exceed .165% of the value, as equalized or assessed by 3 the Department. Once approved by the township board of 4 trustees, the rate shall remain in effect until changed 5 by the township board of trustees; 6 (2) in a consolidated township road district, at a 7 rate in excess of .175% of the value, as equalized or 8 assessed by the Department of Revenue; 9 (3) in a road district in a county not having 10 township organization, at a rate in excess of .165% of 11 the value, as equalized or assessed by the Department of 12 Revenue. 13 However, road districts that have higher tax rate 14 limitations on a permanent basis for road purposes on July 1, 15 1967, than the limitations herein provided, may continue to 16 levy the road taxes at the higher limitations, and the county 17 clerk shall extend the taxes at not to exceed the higher 18 limitations. 19 If the amount of taxes levied by the township board of 20 trustees or the highway board of trustees or approved by the 21 county board in any case is in excess of the amount that may 22 be extended the county clerk shall reduce the amount so that 23 the rate extended shall be no greater than authorized by law. 24 However, the tax shall not be reduced or scaled in any manner 25 whatever by reason of the levy and extension by the county 26 clerk of any tax to pay the principal or interest, or both, 27 of any bonds issued by a road district. 28 The taxes, when collected, shall be held by the treasurer 29 of the district as the regular road fund of the district. 30 Notwithstanding any other provision of law, for a period 31 of time ending 18 years after the effective date of this 32 amendatory Act of 1994, a road district or consolidated road 33 district may accumulate up to 50% of the taxes collected from 34 a subdivision under this Section for improvements of HB4335 Enrolled -7- LRB9214223BDdvA 1 nondedicated roads within the subdivision from which and for 2 which the taxes were collected. These nondedicated roads 3 will become a part of the township and district road system 4 if the roads meet the criteria established by the counties in 5 which the roads are located. The total accumulations under 6 this provision may not exceed 10% of the total funds held by 7 the district for road purposes. This provision applies only 8 to townships within counties adjacent to a county with a 9 population of 3,000,000 or more and only with respect to 10 subdivisions whose plats were filed or recorded before July 11 23, 1959. 12 Any road district may accumulate funds for the purpose of 13 acquiring, constructing, repairing and improving buildings 14 and procuring land in relation to the building and for the 15 purpose of procuring road maintenance apparatus and 16 equipment, and for the construction of roads, and may 17 annually levy taxes for the purposes in excess of its current 18 requirements for other purposes, subject to the tax rate 19 limitations provided in this Section, provided a proposition 20 to accumulate funds for the purposes is first submitted to 21 and approved by the electors of the district. The 22 proposition shall be certified to the proper election 23 officials by the district clerk upon the direction of the 24 highway commissioner, and the election officials shall submit 25 the proposition at a regular election. Notice and conduct of 26 the referendum shall be in accordance with the general 27 election law. The proposition shall be in substantially the 28 following form: 29 ------------------------------------------------------------- 30 Shall .......... road district 31 accumulate funds in the amount 32 of $......... for ........ years YES 33 for the purpose of acquiring, 34 constructing, repairing and improving -------------------- HB4335 Enrolled -8- LRB9214223BDdvA 1 buildings and procuring land 2 therefor, and for procuring road NO 3 maintenance apparatus and equipment 4 and for the construction of roads? 5 ------------------------------------------------------------- 6 If a majority of the electors voting on the proposition 7 vote in favor of it, the road district may use a portion of 8 the funds levied, subject to the tax rate limitations 9 provided in this Section, for the purposes for which 10 accumulation was authorized. It shall not be a valid 11 objection to any subsequent tax levy made under this Section, 12 that there remains unexpended money arising from the levy of 13 a prior year because of an accumulation permitted by this 14 Section and provided for in the budget for that prior year. 15 (d) Any road district may accumulate moneys in a 16 dedicated fund for a specific capital construction or 17 maintenance project or a major equipment purchase without 18 submitting a proposition to the electors of the district if 19 the annual budget and appropriation ordinance for the road 20 district states the amount, purpose, and duration of any 21 accumulation of funds authorized under this Section, with 22 specific reference to each project to be constructed or 23 equipment to be purchased. Nothing in this subsection 24 precludes a road district from accumulating moneys for 25 non-specific purposes as provided in this Section. 26 (Source: P.A. 92-395, eff. 8-16-01.) 27 Section 99. Effective date. This Act takes effect upon 28 becoming law.