Sen. Michael W. Halpin

Filed: 5/8/2023

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 895

2    AMENDMENT NO. ______. Amend Senate Bill 895 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Highway Code is amended by
5changing 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
8other duty prescribed in this Code.
9    A county shall not construct, reconstruct, improve, widen,
10relocate, repair, alter, or maintain a highway, road, street,
11alley, bridge, culvert, drainage structure, sidewalk, bicycle
12path, parking lot, driveway, or any other
13transportation-related facility that is outside of the
14county's boundaries unless such construction, reconstruction,
15improvement, widening, relocation, repair, alteration, or
16maintenance is part of the county highway system, is jointly

 

 

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1performed with another county through the sharing of road
2equipment pursuant to an intergovernmental agreement, or is
3provided as necessary relief services following the occurrence
4of a disaster as defined by the Illinois Emergency Management
5Agency Act.
6    As used in this Section, "maintain" or "maintenance" does
7not include mowing, gravel reclamation, snow removal or the
8application of salt, sand, or any other substance applied for
9the purpose of improving the safety of vehicular or pedestrian
10traffic in response to the presence or prediction of ice or
11snow.
12(Source: Laws 1959, p. 196.)
 
13    (605 ILCS 5/6-107)  (from Ch. 121, par. 6-107)
14    Sec. 6-107. Road districts have corporate capacity to
15exercise the powers granted thereto, or necessarily implied
16and no others. They have power: (1) to sue and be sued, (2) to
17acquire by purchase, gift or legacy, and to hold property,
18both real and personal, for the use of its inhabitants, and
19again to sell and convey the same, (3) to make all such
20contracts as may be necessary in the exercise of the powers of
21the district.
22    A road district shall not construct, reconstruct, improve,
23widen, relocate, repair, alter, or maintain a highway, road,
24street, alley, bridge, culvert, drainage structure, sidewalk,
25bicycle path, parking lot, driveway, or any other

 

 

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1transportation-related facility that is outside of its
2county's boundaries unless such construction, reconstruction,
3improvement, widening, relocation, repair, alteration, or
4maintenance is part of the township and district road system,
5in an adjacent road district, is jointly performed with
6another road district through the sharing of road equipment
7pursuant to an intergovernmental agreement, or provided as
8necessary relief services following the occurrence of a
9disaster as defined by the Illinois Emergency Management
10Agency Act.
11    As used in this Section, "maintain" or "maintenance" does
12not include mowing, gravel reclamation, snow removal or the
13application of salt, sand, or any other substance applied for
14the purpose of improving the safety of vehicular or pedestrian
15traffic in response to the presence or prediction of ice or
16snow.
17(Source: P.A. 96-996, eff. 1-1-11.)
 
18    (605 ILCS 5/7-101)  (from Ch. 121, par. 7-101)
19    Sec. 7-101. Streets and alleys, including bridges and
20other structures, which are or will become part of the
21municipal street system may be laid out, established,
22constructed, reconstructed, altered, widened, relocated,
23improved, maintained, repaired and vacated by the respective
24municipalities in the manner provided in the Illinois
25Municipal Code, as heretofore or hereafter amended; provided

 

 

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1that the Department and counties may locate and extend State
2and county highways into or through a municipality in the
3manner provided in this Code. In addition to the powers
4granted to municipalities by the Illinois Municipal Code,
5municipalities have powers granted and duties imposed by this
6Code.
7    A municipality shall not construct, reconstruct, improve,
8widen, relocate, repair, alter, or maintain a highway, road,
9street, alley, bridge, culvert, drainage structure, sidewalk,
10bicycle path, parking lot, driveway, or any other
11transportation-related facility that is outside of its
12county's boundaries unless such construction, reconstruction,
13improvement, widening, relocation, repair, alteration, or
14maintenance is part of the municipal street system, in an
15adjacent municipality, or provided as necessary relief
16services following the occurrence of a disaster as defined by
17the Illinois Emergency Management Agency Act.
18    As used in this Section, "maintain" or "maintenance" does
19not include mowing, gravel reclamation, snow removal or the
20application of salt, sand, or any other substance applied for
21the purpose of improving the safety of vehicular or pedestrian
22traffic in response to the presence or prediction of ice or
23snow.
24(Source: Laws 1961, p. 1415.)".