Article 4 - State Administration Of Highways
(605 ILCS 5/Art. 4 heading) ARTICLE 4. STATE ADMINISTRATION OF HIGHWAYS
(605 ILCS 5/Art. 4 Div. 1 heading) DIVISION 1. GENERAL POWERS OF DEPARTMENT
(605 ILCS 5/4‑101) (from Ch. 121, par. 4‑101)
Sec. 4‑101.
The Department shall have the powers and duties stated in Sections 4‑101.1 to 4‑101.16, inclusive.
(Source: P. A. 78‑315.) |
(605 ILCS 5/4‑101.1) (from Ch. 121, par. 4‑101.1)
Sec. 4‑101.1. To have general supervision of highways to which this Code applies under the provisions of Section 1‑103 heretofore or hereafter constructed or thereafter maintained in whole or in part with State funds.
(Source: Laws 1959, p. 196.) |
(605 ILCS 5/4‑101.2) (from Ch. 121, par. 4‑101.2)
Sec. 4‑101.2. To prescribe rules and regulations not inconsistent with law, relating to the examination and qualifications of candidates for the office of county superintendent of highways. Such rules and regulations shall, before taking effect, be printed for distribution by the Department.
(Source: Laws 1959, p. 196.) |
(605 ILCS 5/4‑101.3) (from Ch. 121, par. 4‑101.3)
Sec. 4‑101.3. To aid county superintendents of highways in establishing grades, preparing suitable systems of drainage and advise them as to the construction and maintenance of highways.
(Source: Laws 1959, p. 196.) |
(605 ILCS 5/4‑101.4) (from Ch. 121, par. 4‑101.4)
Sec. 4‑101.4. To cause plans, specifications and estimates to be prepared for the construction and repair of bridges and culverts when requested so to do by a county superintendent of highways.
(Source: Laws 1959, p. 196.) |
(605 ILCS 5/4‑101.5) (from Ch. 121, par. 4‑101.5)
Sec. 4‑101.5. To investigate and determine the various methods of highway construction adapted to different sections of the State and as to the best methods of maintenance of highways.
(Source: Laws 1959, p. 196.) |
(605 ILCS 5/4‑101.6) (from Ch. 121, par. 4‑101.6)
Sec. 4‑101.6. To compile statistics relating to highways throughout the State and collect such information in regard thereto as it shall deem expedient.
(Source: Laws 1959, p. 196.) |
(605 ILCS 5/4‑101.7) (from Ch. 121, par. 4‑101.7)
Sec. 4‑101.7. To approve and determine the final plans, specifications and estimates for all highways to which this Code applies under the provisions of Section 1‑103 on which State funds may be expended.
(Source: Laws 1959, p. 196.) |
(605 ILCS 5/4‑101.8) (from Ch. 121, par. 4‑101.8)
Sec. 4‑101.8. To let contracts in accordance with law for the construction of highways.
(Source: Laws 1959, p. 196.) |
(605 ILCS 5/4‑101.9) (from Ch. 121, par. 4‑101.9)
Sec. 4‑101.9. To prescribe a system of auditing and accounting for all highway moneys for the use of all county and road district officials, which shall be adopted and used by such officials, and which system shall be as nearly uniform as practically possible.
(Source: Laws 1959, p. 196.) |
(605 ILCS 5/4‑101.10) (from Ch. 121, par. 4‑101.10)
Sec. 4‑101.10. To consult with other highway authorities relative to any question involving highways.
(Source: Laws 1959, p. 196.) |
(605 ILCS 5/4‑101.11) (from Ch. 121, par. 4‑101.11)
Sec. 4‑101.11. To make investigations to determine reasonably anticipated future need for federal aid highways and State highways.
(Source: Laws 1959, p. 196.) |
(605 ILCS 5/4‑101.12) (from Ch. 121, par. 4‑101.12)
Sec. 4‑101.12. To aid at all times in promoting highway improvement throughout the State and perform such other duties and have such other powers in respect to highways as may be imposed or conferred upon it by law.
(Source: Laws 1959, p. 196.) |
(605 ILCS 5/4‑101.13) (from Ch. 121, par. 4‑101.13)
Sec. 4‑101.13. To publish maps in convenient forms showing State and other highways for use by the public and, in its discretion, to fix a charge therefor not in excess of the cost of publication.
(Source: Laws 1959, p. 196.) |
(605 ILCS 5/4‑101.14) (from Ch. 121, par. 4‑101.14)
Sec. 4‑101.14. To obtain, subject to the provisions of the "Personnel Code", approved July 18, 1955, as heretofore or hereafter amended, all employees necessary in the administration of its powers and duties under this Code.
However, persons assigned as highway maintenance employees who are not subject to jurisdiction B of the "Personnel Code" and who operate snow removal equipment shall not be discharged except for cause between October 31 of any year and May 1 of the following year.
(Source: Laws 1961, p. 3226.) |
(605 ILCS 5/4‑101.15) (from Ch. 121, par. 4‑101.15)
Sec. 4‑101.15. The Department of Central Management Services shall procure for or in behalf of each State highway employee, without cost to him, public liability insurance protecting him against any liability arising out of his employment to the extent of the insurance policy limits not exceeding $100,000 or include each such employee under a self‑insurance plan implemented under Section 405‑105 of the Department of Central Management Services Law (20 ILCS 405/405‑105).
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(605 ILCS 5/4‑101.16) (from Ch. 121, par. 4‑101.16)
Sec. 4‑101.16.
To prepare or cause to be prepared and maintain or cause to be maintained a schedule of priority of needs in the selection of railroad‑highway grade crossings to be separated without regard to whether the highway is maintained by the State or any county, township or municipality. Such schedule shall be based on current and projected vehicular traffic and train movements over the railroad‑highway grade crossing, the frequency and duration of interruptions to vehicular traffic, and the impact of separating the railroad‑highway grade crossing on adjacent residential, economic and governmental interests.
(Source: P. A. 78‑315.) |
(605 ILCS 5/4‑102) (from Ch. 121, par. 4‑102)
Sec. 4‑102. The Department may prepare, in accordance with the regulations of the designated authority of the United States Government, the project statements, sketch maps, surveys, plans, specifications, estimates, bid forms, contracts and bonds to be used in connection with the construction of any of the federal aid highways in this State. The Department may construct any federal aid work provided for in Article 3 and purchase and supply any labor, tools, machinery, supplies and materials needed for any such work. Such construction work and labor shall be performed in accordance with the general laws of this State, and under the direct supervision of the Department, subject to the inspection and approval of the designated authority of the United States Government, and in accordance with its rules and regulations.
(Source: Laws 1959, p. 196.) |
(605 ILCS 5/4‑103) (from Ch. 121, par. 4‑103)
Sec. 4‑103. Any contracts that may be entered into for the construction of highways shall be let after due public advertisement to the lowest responsible bidder, or bidders, upon terms and conditions to be fixed by the Department, and the Department shall also require the successful bidder, or bidders, to furnish good and sufficient bonds to insure proper and prompt completion of such work in accordance with the provisions of such contracts.
Partial payments may be made for the work as it progresses provided that the Department retains an amount as required by the Standard Specifications for Road and Bridge construction.
At the request of the contractor and with the approval of the Department the retainage of the contract may be deposited under a trust agreement with an Illinois financial institution, whose deposits are insured by an agency or instrumentality of the federal government, of the contractor's choice and subject to the approval of the Department.
The contractor shall receive any interest thereon.
Pursuant to application by the contractor, a trust agreement by the financial institution and the Department shall contain as a minimum, the following provisions:
a. The amount to be deposited subject to the trust;
b. The terms and conditions of payment in case of default of the contractor;
c. The termination of the trust agreement upon completion of the contract.
The contractor shall be responsible for obtaining the written consent of the financial institution trustee, and any costs or service fees shall be borne by the contractor.
The trust agreement may, at the discretion of the Department and upon request of the contractor, become operative at the time of the first partial payment in accordance with existing statutes and Department procedures.
The provisions of this Section shall apply to all contracts in effect on and after the effective date of this amendatory Act of 1981.
(Source: P.A. 84‑1263.) |
(605 ILCS 5/4‑104)
Sec. 4‑104. Subcontractors' trust agreements. This Section applies to subcontractors' retainage amounts expected to be equal to or greater than $20,000. Upon the contractor's receipt of the first partial or progress payment from the Department, at the request of the subcontractor and with the approval of the contractor, the retainage of the subcontract shall be deposited under a trust agreement with an Illinois financial institution, whose deposits are insured by an agency or instrumentality of the federal government, of the subcontractor's choice and subject to the approval of the contractor. The subcontractor shall receive any interest on the amount deposited.
Upon application by the subcontractor, a trust agreement by the financial institution and the contractor must contain, at a minimum, the following provisions:
(1) The amount to be deposited subject to the trust.
(2) The terms and conditions of payment in case of |
| default of the subcontractor. | |
(3) The termination of the trust agreement upon |
| completion of the subcontract. | |
The subcontractor is responsible for obtaining the written consent of the financial institution trustee. Any costs or service fees must be borne by the subcontractor. The trust agreement may, at the discretion of the contractor and upon request of the subcontractor, become operative at the time of the first partial payment in accordance with existing statutes and Department procedures. Subcontractors' trust agreements are voluntary and supersede any prohibition regarding retainage that may be adopted by any transportation agency.
This Section applies to all subcontracts in effect on and after the effective date of this amendatory Act of the 92nd General Assembly.
(Source: P.A. 92‑270, eff. 8‑7‑01.) |
(605 ILCS 5/4‑105)
Sec. 4‑105. Naming of interstate highways and State highways; State Troopers.
(a) Upon written request by the Director of State Police, an interstate highway, State highway, or segment of an interstate highway or State highway shall be named in honor and memory of one or more Illinois State Troopers killed in the line of duty.
(b) The Director of State Police shall submit a written request to the Secretary of the Illinois Department of Transportation to erect one or more suitable signs, consistent with federal regulations, giving notice of the name of the State Trooper, the date of death or date of the incident leading to the death to be shown on the signs, and the desired location of the signs.
(c) The Secretary of the Illinois Department of Transportation shall consult with the Director of State Police on the design of the signs naming the interstate highway, State highway, or road segment in honor and memory of each State Trooper and shall erect the appropriate signs by an agreed upon date. The costs associated with the signs shall be borne by the labor organization representing the State Trooper, and the Secretary of the Illinois Department of Transportation and the labor organization shall enter into an agreement regarding payment of those costs before those costs are incurred.
(d) If the road segment identified in the request has already been named for another individual or organization, either by action of the General Assembly or the Governor, the Secretary of the Illinois Department of Transportation and the Director of State Police shall consult on and determine an alternate location that is acceptable to both agencies.
(Source: P.A. 96‑358, eff. 8‑13‑09.)
(605 ILCS 5/Art. 4 Div. 2 heading) DIVISION 2. STATE HIGHWAYS
(605 ILCS 5/4‑201) (from Ch. 121, par. 4‑201)
Sec. 4‑201. The Department, in addition to, and not in limitation of, its general powers has the powers stated in Sections 4‑201.1 through 4‑201.20.
(Source: P.A. 83‑957.) |
(605 ILCS 5/4‑201.1) (from Ch. 121, par. 4‑201.1)
Sec. 4‑201.1. To determine and adopt rules, regulations and specifications for State highways not inconsistent with this Code.
(Source: Laws 1959, p. 196.) |
(605 ILCS 5/4‑201.2) (from Ch. 121, par. 4‑201.2)
Sec. 4‑201.2. For serving through or State traffic, to designate as part of the State highway system and to locate, construct and maintain highways to connect highways in the State highway system.
(Source: Laws 1959, p. 196.) |
(605 ILCS 5/4‑201.3) (from Ch. 121, par. 4‑201.3)
Sec. 4‑201.3. To relocate any highway, or a part thereof, in the State highway system on a new location or on a different highway. For the purpose of relocating such State highway the Department is authorized to lay out, open, alter, widen, extend or locate a new highway.
(Source: Laws 1959, p. 196.) |
(605 ILCS 5/4‑201.4) (from Ch. 121, par. 4‑201.4)
Sec. 4‑201.4. To enter into contracts covering all matters and things incident to the location, relocation, construction, repair and maintenance of State highways; including, subject to approval by the Illinois Commerce Commission, agreements with a railroad or railway company or other public utility concerning a relocation of its line, tracks, wires, poles, pipes or other facilities, where the same are not then located in a public street or highway, and such relocation is necessary as an incident to the construction of a new State highway or to the relocation, reconstruction, extension, widening, straightening, alteration, repair, maintenance or improvement of an existing State highway (including extensions of a new or existing State highway through or into a municipality upon a new or existing street). Nothing contained in this Section shall be construed as requiring the Department to furnish site or right‑of‑way for railroad or railway lines or tracks or other public utility facilities required to be removed from a public street or highway.
(Source: Laws 1959, p. 196.) |
(605 ILCS 5/4‑201.5) (from Ch. 121, par. 4‑201.5)
Sec. 4‑201.5. To lay out, construct and maintain, as a part of the State highway system, highways and entrances which will connect any State highway, now existing or hereafter constructed, with any State park, State forest, State wildlife or fish refuge, the grounds of any State institution or any recreational, scenic or historic place owned or operated by the State; any national cemetery; and to any tax supported airport constructed in part by State and federal funds; and, with the consent of the Department of Natural Resources, to construct, maintain and repair that part of any road or bridge, not otherwise under the jurisdiction of the Department, which lies within any State park, State conservation area, State forest, State wildlife and fish refuge, or any other recreational scenic area owned and operated by the Department of Natural Resources. With the consent of the Historic Preservation Agency, to construct, maintain and repair that part of any road or bridge, not otherwise under the jurisdiction of the Department, which lies within any State Historic Site owned and operated by the Historic Preservation Agency.
(Source: P.A. 89‑445, eff. 2‑7‑96.) |
(605 ILCS 5/4‑201.6) (from Ch. 121, par. 4‑201.6)
Sec. 4‑201.6. To divide the State highway system into sections or districts for the purpose of repair and maintenance and to repair and maintain such sections or districts either by patrol repair system or by gang repair system.
(Source: Laws 1959, p. 196.) |
(605 ILCS 5/4‑201.7) (from Ch. 121, par. 4‑201.7)
Sec. 4‑201.7. To purchase, rent, acquire and maintain all equipment and material incident to or necessary in the location, relocation, construction, repair and maintenance of State highways.
(Source: Laws 1959, p. 196.) |
(605 ILCS 5/4‑201.8) (from Ch. 121, par. 4‑201.8)
Sec. 4‑201.8. To purchase and acquire quarries, gravel pits, sand pits, cement rock or other natural deposits of road material to be used in the construction and maintenance of State highways, and to quarry, dig, manufacture, prepare and use such material or deposits in such construction and maintenance or to sell, furnish and supply the same to contractors engaged in constructing, improving or maintaining highways within the State and to erect such buildings and to purchase such machinery, utensils, tools, and equipment as may be necessary or essential for the proper prosecution of such work.
(Source: Laws 1959, p. 196.) |
(605 ILCS 5/4‑201.9) (from Ch. 121, par. 4‑201.9)
Sec. 4‑201.9. To construct, purchase, lease or otherwise acquire and to operate without charge to the public, ferries over rivers and other waters upon any State highway, whether permanently or temporarily located, until such time as it is deemed feasible and desirable to construct bridges at such places.
(Source: Laws 1959, p. 196.) |
(605 ILCS 5/4‑201.10) (from Ch. 121, par. 4‑201.10)
Sec. 4‑201.10. To provide for the lighting of State highways or portions thereof, when in the Department's opinion it is necessary for the convenience or safety of the public.
(Source: Laws 1959, p. 196.) |
(605 ILCS 5/4‑201.11) (from Ch. 121, par. 4‑201.11)
Sec. 4‑201.11. To number or renumber all State highways; and each State highway shall always be designated by a number.
(Source: Laws 1959, p. 196.) |
(605 ILCS 5/4‑201.12) (from Ch. 121, par. 4‑201.12)
Sec. 4‑201.12. Except as provided in the Illinois Adopt‑A‑Highway Act, to place, erect and maintain on highways all traffic control devices and signs authorized by this Code or by Chapter 11, Article III of the Illinois Vehicle Code.
To place, erect and maintain on highways signs or surface markings or both to indicate officially designated bicycle routes. Whenever the Department is going to permanently remove route markings from a State highway within a municipality, it shall notify that municipality at least 90 days before such removal.
To acquire right‑of‑way, plan, locate, relocate, construct, reconstruct, maintain, alter, improve, vacate and regulate the use of officially designated bikeways, as defined in Section 2 of the Bikeway Act.
(Source: P.A. 87‑1118.) |
(605 ILCS 5/4‑201.13) (from Ch. 121, par. 4‑201.13)
Sec. 4‑201.13. To construct, maintain, and operate bridges, on State highways a part of the Federal‑aid highway network, across any stream between this State and any adjoining state where such bridge is necessary to connect the Federal‑aid highway network in this and such adjoining state; and to enter into agreements with adjoining states, persons, and the United States government in conjunction therewith.
(Source: Laws 1959, p. 1569.) |
(605 ILCS 5/4‑201.14) (from Ch. 121, par. 4‑201.14)
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