Sen. Michael W. Halpin

Filed: 3/29/2023

 

 


 

 


 
10300SB0895sam001LRB103 03367 MXP 60156 a

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, or any
12other transportation-related facility that is outside of the
13county's boundaries unless such construction, reconstruction,
14improvement, widening, relocation, repair, alteration, or
15maintenance is provided as necessary relief services following
16the occurrence of a disaster as defined by the Illinois

 

 

10300SB0895sam001- 2 -LRB103 03367 MXP 60156 a

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

 

 

10300SB0895sam001- 3 -LRB103 03367 MXP 60156 a

1    As used in this Section, "maintain" or "maintenance" does
2not include snow removal or the application of salt, sand, or
3any other substance applied for the purpose of improving the
4safety of vehicular or pedestrian traffic in response to the
5presence of prediction of ice or snow.
6(Source: P.A. 96-996, eff. 1-1-11.)
 
7    (605 ILCS 5/7-101)  (from Ch. 121, par. 7-101)
8    Sec. 7-101. Streets and alleys, including bridges and
9other structures, which are or will become part of the
10municipal street system may be laid out, established,
11constructed, reconstructed, altered, widened, relocated,
12improved, maintained, repaired and vacated by the respective
13municipalities in the manner provided in the Illinois
14Municipal Code, as heretofore or hereafter amended; provided
15that the Department and counties may locate and extend State
16and county highways into or through a municipality in the
17manner provided in this Code. In addition to the powers
18granted to municipalities by the Illinois Municipal Code,
19municipalities have powers granted and duties imposed by this
20Code.
21    A municipality shall not construct, reconstruct, improve,
22widen, relocate, repair, alter, or maintain a highway, road,
23street, alley, bridge, culvert, drainage structure, sidewalk,
24or any other transportation-related facility that is outside
25of its county's boundaries unless such construction,

 

 

10300SB0895sam001- 4 -LRB103 03367 MXP 60156 a

1reconstruction, improvement, widening, relocation, repair,
2alteration, or maintenance is provided as necessary relief
3services following the occurrence of a disaster as defined by
4the Illinois Emergency Management Agency Act.
5    As used in this Section, "maintain" or "maintenance" does
6not include snow removal or the application of salt, sand, or
7any other substance applied for the purpose of improving the
8safety of vehicular or pedestrian traffic in response to the
9presence of prediction of ice or snow.
10(Source: Laws 1961, p. 1415.)".