Bill Text: IL HB5190 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Illinois Highway Code. Provides that the allocation to road districts shall be made in the same manner and be subject to the same conditions and qualifications as are provided by Section 8 of the Motor Vehicle Tax Law with respect to the allocation to road districts of the amount allotted from the Motor Fuel Tax Fund for apportionment to counties for the use of road districts, but no allocation shall be made to any road district that has not levied taxes for road and bridge purposes in such a manner that is eligible for allotment of Motor Fuel Tax funding pursuant to the Motor Fuel Tax Law. Provides that any funds allocated to a county that are not obligated within 48 months shall be considered lapsed funds and reappropriated in the same fund. Provides that the lapsed funds shall be used to provide additional monetary assistance to townships and road districts that have insufficient funding for construction of bridges that are 20 feet or more in length under the Code. Requires the Department of Transportation to adopt rules to implement the provisions.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2024-04-26 - Added as Alternate Co-Sponsor Sen. Jil Tracy [HB5190 Detail]

Download: Illinois-2023-HB5190-Engrossed.html

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AN ACT concerning transportation.
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 6-901 and 6-906 and by adding 6-907 as
follows:
(605 ILCS 5/6-901) (from Ch. 121, par. 6-901)
Sec. 6-901. Annually, the General Assembly shall
appropriate to the Department of Transportation from the Road
Fund road fund, the General Revenue Fund, or general revenue
fund, any other State funds, or a combination of those funds,
$60,000,000 for apportionment to counties for the use of road
districts for the construction of bridges 20 feet or more in
length, as provided in Sections 6-902 through 6-907 6-905.
The Department of Transportation shall apportion among the
several counties of this State for the use of road districts
the amounts appropriated under this Section. The amount
apportioned to a county shall be in the proportion which the
total mileage of township or district roads in the county
bears to the total mileage of all township and district roads
in the State. Each county shall allocate to the several road
districts in the county the funds so apportioned to the
county. The allocation to road districts shall be made in the

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same manner and be subject to the same conditions and
qualifications as are provided by Section 8 of the "Motor Fuel
Tax Law", approved March 25, 1929, as amended, with respect to
the allocation to road districts of the amount allotted from
the Motor Fuel Tax Fund for apportionment to counties for the
use of road districts, but no allocation shall be made to any
road district that has not levied taxes for road and bridge
purposes in such a manner that is eligible for allotment of
Motor Fuel Tax funding pursuant to Section 8 of the Motor Fuel
Tax Law. and for bridge construction purposes at the maximum
rates permitted by Sections 6-501, 6-508 and 6-512 of this
Act, without referendum. "Road district" and "township or
district road" have the meanings ascribed to those terms in
this Act.
Road districts in counties in which a property tax
extension limitation is imposed under the Property Tax
Extension Limitation Law that are made ineligible for receipt
of this appropriation due to the imposition of a property tax
extension limitation may become eligible 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. The road district also
becomes eligible if it levies at or above the rate required for
eligibility by Section 8 of the Motor Fuel Tax Law.
The amounts apportioned under this Section for allocation

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to road districts may be used only for bridge construction as
provided in this Division. So much of those amounts as are not
obligated under Sections 6-902 through 6-904 and for which
local funds have not been committed under Section 6-905 within
48 months of the date when such apportionment is made lapses
and shall not be paid to the county treasurer for distribution
to road districts.
(Source: P.A. 103-8, eff. 6-7-23; revised 9-25-23.)
(605 ILCS 5/6-906) (from Ch. 121, par. 6-906)
Sec. 6-906. So much of the amount apportioned to a county
under Section 6-901 that is obligated under Sections 6-902
through 6-904 and for which local funds have been committed
under Section 6-905, within 4 years from the date the
apportionment is made, shall, upon certification by the
Department, be paid to the county treasurer, who shall apply
those funds to the payment of such obligations. Any funds
allocated to a county under Section 6-901 that are not
obligated within 48 months under Sections 6-902 through 6-904
shall be considered lapsed funds and reappropriated in the
same fund revert to the Road Fund.
(Source: P.A. 98-244, eff. 8-9-13.)
(605 ILCS 5/6-907 new)
Sec. 6-907. Lapsed funds; use. Lapsed funds under Section
6-906 shall be used to provide additional monetary assistance

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to townships and road districts that have insufficient funding
for construction of bridges that are 20 feet or more in length
under 6-901 of this Code. The Department shall adopt rule to
implement this Section.