Public Act 103-0373
 
SB0895 EnrolledLRB103 03367 HEP 48373 b

    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 5-101.9, 6-107, and 7-101 as follows:
 
    (605 ILCS 5/5-101.9)  (from Ch. 121, par. 5-101.9)
    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.
    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.)
 
    (605 ILCS 5/6-107)  (from Ch. 121, par. 6-107)
    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
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.
(Source: P.A. 96-996, eff. 1-1-11.)
 
    (605 ILCS 5/7-101)  (from Ch. 121, par. 7-101)
    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,
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
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.
    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.)

Effective Date: 1/1/2024