Bill Text: IL SB0895 | 2023-2024 | 103rd General Assembly | Chaptered
Bill Title: Amends the Illinois Highway Code. Provides that a county shall not construct, reconstruct, improve, widen, relocate, repair, alter, or maintain a highway, road, street, alley, bridge, culvert, drainage structure, sidewalk, bicycle path, parking lot, driveway, or any other transportation-related facility that is outside of its county's boundaries unless such construction, reconstruction, improvement, widening, relocation, repair, alteration, or maintenance is part of the county highway system, is jointly performed with another county through the sharing of road equipment pursuant to an intergovernmental agreement, or is provided as necessary relief services following the occurrence of a disaster. Provides that a road district shall not construct, reconstruct, improve, widen, relocate, repair, alter, or maintain a highway, road, street, alley, bridge, culvert, drainage structure, sidewalk, bike path, parking lot, driveway, or any other transportation-related facility that is outside of its county's boundaries unless such construction, reconstruction, improvement, widening, relocation, repair, alteration, or maintenance is part of the township and district road system, in an adjacent road district, is jointly performed with another road district through the sharing of road equipment pursuant to an intergovernmental agreement, or provided as necessary relief services following the occurrence of a disaster. Provides that a municipality shall not construct, reconstruct, improve, widen, relocate, repair, alter, or maintain a highway, road, street, alley, bridge, culvert, drainage structure, sidewalk, bike path, parking lot, driveway, or any other transportation-related facility that is outside of its county's boundaries unless such construction, reconstruction, improvement, widening, relocation, repair, alteration, or maintenance is part of the municipal street system (rather than within its corporate limits), in an adjacent municipality, or provided as necessary relief services following the occurrence of a disaster. Provides that the term "maintain" or "maintenance" does not include mowing, gravel reclamation, snow removal or the application of salt, sand, or any other substance applied for the purpose of improving the safety of vehicular or pedestrian traffic in response to the presence or prediction of ice or snow.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0373 [SB0895 Detail]
Download: Illinois-2023-SB0895-Chaptered.html
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Public Act 103-0373 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Highway Code is amended by | ||||
changing Sections 5-101.9, 6-107, and 7-101 as follows:
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(605 ILCS 5/5-101.9) (from Ch. 121, par. 5-101.9)
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Sec. 5-101.9.
To exercise any other power and perform any | ||||
other duty
prescribed in this Code. | ||||
A county shall not construct, reconstruct, improve, widen, | ||||
relocate, repair, alter, or maintain a highway, road, street, | ||||
alley, bridge, culvert, drainage structure, sidewalk, bicycle | ||||
path, parking lot, driveway, or any other | ||||
transportation-related facility that is outside of the | ||||
county's boundaries unless such construction, reconstruction, | ||||
improvement, widening, relocation, repair, alteration, or | ||||
maintenance is part of the county highway system, is jointly | ||||
performed with another county through the sharing of road | ||||
equipment pursuant to an intergovernmental agreement, or is | ||||
provided as necessary relief services following the occurrence | ||||
of a disaster as defined by the Illinois Emergency Management | ||||
Agency Act.
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As used in this Section, "maintain" or "maintenance" does | ||||
not include mowing, gravel reclamation, snow removal or the |
application of salt, sand, or any other substance applied for | ||
the purpose of improving the safety of vehicular or pedestrian | ||
traffic in response to the presence or prediction of ice or | ||
snow. | ||
(Source: Laws 1959, p. 196.)
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(605 ILCS 5/6-107) (from Ch. 121, par. 6-107)
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Sec. 6-107.
Road districts have
corporate capacity to | ||
exercise the powers granted thereto, or necessarily
implied | ||
and no others. They have power: (1) to sue and be sued, (2) to
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acquire by purchase, gift or legacy, and to hold property, | ||
both real and
personal, for the use of its inhabitants, and | ||
again to sell and convey the
same, (3) to make all such | ||
contracts as may be necessary in the exercise of
the powers of | ||
the district. | ||
A road district shall not construct, reconstruct, improve, | ||
widen, relocate, repair, alter, or maintain a highway, road, | ||
street, alley, bridge, culvert, drainage structure, sidewalk, | ||
bicycle path, parking lot, driveway, or any other | ||
transportation-related facility that is outside of its | ||
county's boundaries unless such construction, reconstruction, | ||
improvement, widening, relocation, repair, alteration, or | ||
maintenance is part of the township and district road system, | ||
in an adjacent road district, is jointly performed with | ||
another road district through the sharing of road equipment | ||
pursuant to an intergovernmental agreement, or provided as |
necessary relief services following the occurrence of a | ||
disaster as defined by the Illinois Emergency Management | ||
Agency Act. | ||
As used in this Section, "maintain" or "maintenance" does | ||
not include mowing, gravel reclamation, snow removal or the | ||
application of salt, sand, or any other substance applied for | ||
the purpose of improving the safety of vehicular or pedestrian | ||
traffic in response to the presence or prediction of ice or | ||
snow.
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(Source: P.A. 96-996, eff. 1-1-11.)
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(605 ILCS 5/7-101) (from Ch. 121, par. 7-101)
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Sec. 7-101.
Streets and alleys, including bridges and | ||
other structures,
which are or will become part of the | ||
municipal street system may be laid
out, established, | ||
constructed, reconstructed, altered, widened, relocated,
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improved, maintained, repaired and vacated by the respective | ||
municipalities
in the manner provided in the Illinois | ||
Municipal Code, as heretofore or
hereafter amended; provided | ||
that the Department and counties may locate
and extend State | ||
and county highways into or through a municipality in the
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manner provided in this Code. In addition to the powers | ||
granted to
municipalities by the Illinois Municipal Code, | ||
municipalities have powers
granted and duties imposed by this | ||
Code. | ||
A municipality shall not construct, reconstruct, improve, |
widen, relocate, repair, alter, or maintain a highway, road, | ||
street, alley, bridge, culvert, drainage structure, sidewalk, | ||
bicycle path, parking lot, driveway, or any other | ||
transportation-related facility that is outside of its | ||
county's boundaries unless such construction, reconstruction, | ||
improvement, widening, relocation, repair, alteration, or | ||
maintenance is part of the municipal street system, in an | ||
adjacent municipality, or provided as necessary relief | ||
services following the occurrence of a disaster as defined by | ||
the Illinois Emergency Management Agency Act.
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As used in this Section, "maintain" or "maintenance" does | ||
not include mowing, gravel reclamation, snow removal or the | ||
application of salt, sand, or any other substance applied for | ||
the purpose of improving the safety of vehicular or pedestrian | ||
traffic in response to the presence or prediction of ice or | ||
snow. | ||
(Source: Laws 1961, p. 1415.)
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