Illinois 2023 2023-2024 Regular Session

Illinois Senate Bill SB0895 Enrolled / Bill

Filed 05/19/2023

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1  AN ACT concerning transportation.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Illinois Highway Code is amended by
5  changing Sections 5-101.9, 6-107, and 7-101 as follows:
6  (605 ILCS 5/5-101.9) (from Ch. 121, par. 5-101.9)
7  Sec. 5-101.9.  To exercise any other power and perform any
8  other duty prescribed in this Code.
9  A county shall not construct, reconstruct, improve, widen,
10  relocate, repair, alter, or maintain a highway, road, street,
11  alley, bridge, culvert, drainage structure, sidewalk, bicycle
12  path, parking lot, driveway, or any other
13  transportation-related facility that is outside of the
14  county's boundaries unless such construction, reconstruction,
15  improvement, widening, relocation, repair, alteration, or
16  maintenance is part of the county highway system, is jointly
17  performed with another county through the sharing of road
18  equipment pursuant to an intergovernmental agreement, or is
19  provided as necessary relief services following the occurrence
20  of a disaster as defined by the Illinois Emergency Management
21  Agency Act.
22  As used in this Section, "maintain" or "maintenance" does
23  not include mowing, gravel reclamation, snow removal or the

 

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1  application of salt, sand, or any other substance applied for
2  the purpose of improving the safety of vehicular or pedestrian
3  traffic in response to the presence or prediction of ice or
4  snow.
5  (Source: Laws 1959, p. 196.)
6  (605 ILCS 5/6-107) (from Ch. 121, par. 6-107)
7  Sec. 6-107.  Road districts have corporate capacity to
8  exercise the powers granted thereto, or necessarily implied
9  and no others. They have power: (1) to sue and be sued, (2) to
10  acquire by purchase, gift or legacy, and to hold property,
11  both real and personal, for the use of its inhabitants, and
12  again to sell and convey the same, (3) to make all such
13  contracts as may be necessary in the exercise of the powers of
14  the district.
15  A road district shall not construct, reconstruct, improve,
16  widen, relocate, repair, alter, or maintain a highway, road,
17  street, alley, bridge, culvert, drainage structure, sidewalk,
18  bicycle path, parking lot, driveway, or any other
19  transportation-related facility that is outside of its
20  county's boundaries unless such construction, reconstruction,
21  improvement, widening, relocation, repair, alteration, or
22  maintenance is part of the township and district road system,
23  in an adjacent road district, is jointly performed with
24  another road district through the sharing of road equipment
25  pursuant to an intergovernmental agreement, or provided as

 

 

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1  necessary relief services following the occurrence of a
2  disaster as defined by the Illinois Emergency Management
3  Agency Act.
4  As used in this Section, "maintain" or "maintenance" does
5  not include mowing, gravel reclamation, snow removal or the
6  application of salt, sand, or any other substance applied for
7  the purpose of improving the safety of vehicular or pedestrian
8  traffic in response to the presence or prediction of ice or
9  snow.
10  (Source: P.A. 96-996, eff. 1-1-11.)
11  (605 ILCS 5/7-101) (from Ch. 121, par. 7-101)
12  Sec. 7-101.  Streets and alleys, including bridges and
13  other structures, which are or will become part of the
14  municipal street system may be laid out, established,
15  constructed, reconstructed, altered, widened, relocated,
16  improved, maintained, repaired and vacated by the respective
17  municipalities in the manner provided in the Illinois
18  Municipal Code, as heretofore or hereafter amended; provided
19  that the Department and counties may locate and extend State
20  and county highways into or through a municipality in the
21  manner provided in this Code. In addition to the powers
22  granted to municipalities by the Illinois Municipal Code,
23  municipalities have powers granted and duties imposed by this
24  Code.
25  A municipality shall not construct, reconstruct, improve,

 

 

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1  widen, relocate, repair, alter, or maintain a highway, road,
2  street, alley, bridge, culvert, drainage structure, sidewalk,
3  bicycle path, parking lot, driveway, or any other
4  transportation-related facility that is outside of its
5  county's boundaries unless such construction, reconstruction,
6  improvement, widening, relocation, repair, alteration, or
7  maintenance is part of the municipal street system, in an
8  adjacent municipality, or provided as necessary relief
9  services following the occurrence of a disaster as defined by
10  the Illinois Emergency Management Agency Act.
11  As used in this Section, "maintain" or "maintenance" does
12  not include mowing, gravel reclamation, snow removal or the
13  application of salt, sand, or any other substance applied for
14  the purpose of improving the safety of vehicular or pedestrian
15  traffic in response to the presence or prediction of ice or
16  snow.
17  (Source: Laws 1961, p. 1415.)

 

 

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