Senate Sponsors: DILLARD. House Sponsors: HOFFMAN Short description: HWY CD-PROPERTY ON HIGHWAY Synopsis of Bill as introduced: Amends the Illinois Highway Code. Provides that the failure of any person or entity to remove from a State highway any property placed there by the person or entity in connection with a road improvement project, within a reasonable time after the person or entity has ceased to work on the project, is a business offense punishable by a fine of not more than $2,500. Provides that the offense is committed when the entity has received written notice from the Department of Transportation that an offense punishable by a fine of up to $2,500 per day would be committed if the property was not removed in 15 days, and the property has not been removed as of 15 days after the date the written notice was received. Provides that a separate offense, punishable by a separate fine, is committed each day the property remains on the highway after the 15-day notice period has elapsed. SENATE AMENDMENT NO. 1. Deletes reference to: 605 ILCS 5/4-411 new Adds reference to: 605 ILCS 5/9-113 from Ch. 121, par. 9-113 Deletes everything after the enacting clause. Provides that if ditches, drains, track, rails, poles, pipes, lines, or other equipment previously placed along a State highway with the permission of the State highway authority have not been removed, relocated, or modified to the satisfaction of the State highway authority 90 days after notice to do so, the owner of the equipment is in breach of the written consent and is subject to liquidated damages of not more than $500 per day. Provides that neither the State nor any contractor hired by the State under the provision to remove, relocate, or modify the equipment is liable or responsible for any resulting injury to persons or damage to property. HOUSE AMENDMENT NO. 1. Provides that the provision applies to equipment placed along any highway with the permission of the appropriate highway authority (as well as to equipment placed along a State highway with the permission of the State highway authority). Deletes language providing that neither the State nor any contractor hired by the State under the provision to remove, relocate, or modify the equipment is liable or responsible for any resulting injury to persons or damage to property. HOUSE AMENDMENT NO. 2. Provides that the State highway authority shall and a county highway authority may adopt coordination strategies and practices designed to establish and implement effective communication regarding removal, relocation, or modification of property to make way for road construction. Provides that the strategies and practices shall include the establishment of coordination councils to facilitate the necessary activity. Provides that the coordination councils must be established on or before January 1, 2002. Deletes the amendatory provisions of the bill as previously amended and reinserts them with changes. Provides that a highway authority that fails to establish a coordination council waives the right to enforce the 90 day notice provision regarding removal, relocation, or removal. Establishes procedures to be followed in requiring the removal, relocation, or modification of property. Last action on Bill: PUBLIC ACT.............................. 92-0470 Last action date: AUG-22-2001 Location: Senate Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 1 END OF INQUIRY Full Text Bill Status