Illinois General Assembly - Full Text of Public Act 099-0237
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Public Act 099-0237


 

Public Act 0237 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0237
 
HB2580 EnrolledLRB099 03909 RJF 23925 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 6-201.8, 6-311, and 6-312 and by adding Section
6-201.22 as follows:
 
    (605 ILCS 5/6-201.8)  (from Ch. 121, par. 6-201.8)
    Sec. 6-201.8. Have general charge of the roads of his
district, keep the same in repair and to improve them so far as
practicable and cooperate and assist in the construction or
improvement of such roads with labor furnished, in whole or in
part, by the Department of Human Services (acting as successor
to the State Department of Public Aid under the Department of
Human Services Act) or other public assistance authorities;
except that a highway commissioner may not permanently post at
a reduced weight limit any road or portion thereof unless the
decision to do so is made in accordance with Section 6-201.22
of this Code.
(Source: P.A. 89-507, eff. 7-1-97.)
 
    (605 ILCS 5/6-201.22 new)
    Sec. 6-201.22. Road weight restriction; notice and
hearing. Whenever the highway commissioner wishes to
permanently post a road at a reduced weight limit, he or she
shall fix a time and place to examine the route of the township
or district road, and hear reasons for or against permanently
posting a road at a reduced weight limit.
    The highway commissioner shall give written notice at least
10 days prior to the time of examination and hearing to the
county superintendent of highways. He or she shall also provide
notice by publication in at least one newspaper published in
the township or district. In the absence of a newspaper
published in the township or district, notice by publication
shall be provided in at least one newspaper of general
circulation in the township or district. In the absence of a
generally circulated newspaper in the township or district,
notice by publication shall be made by posting notices in 5 of
the most public places in the district in the vicinity of the
road to be permanently posted at a reduced weight limit.
    The highway commissioner may, by written notice to the
county superintendent of highways, by public announcement, and
by posting notice at the time and place named for the first
hearing, adjourn a hearing from time to time, but not for a
longer period than 10 days. At the hearing, or the adjourned
hearing, the commissioner shall decide and publicly announce
whether he or she will permanently post a road at a reduced
weight limit. The highway commissioner shall issue a signed
memorandum explaining the decision to permanently post a road
at a reduced weight limit, and address any concerns raised at
the public hearing. The signed memorandum shall be filed within
5 days after the hearing in the office of the district clerk.
The highway commissioner shall also send a copy of the signed
memorandum to the county superintendent of highways. The county
superintendent of highways may approve the decision of the
highway commissioner by signing the memorandum and filing it in
the office of the district clerk. Upon the approval of the
decision by the county superintendent of highways and filing of
the memorandum with the office of the district clerk, the road
may be posted at a reduced weight limit by the highway
commissioner.
 
    (605 ILCS 5/6-311)  (from Ch. 121, par. 6-311)
    Sec. 6-311. Within 20 days after the damages likely to be
sustained by reason of the proposed laying out, widening,
alteration or vacation of any township or district road have
been finally ascertained, either by agreement of the parties or
by condemnation proceedings, or within 20 days after such
damages may have been released, the highway commissioner or the
county superintendent of highways, as the case may be, shall
hold a public hearing at which he shall hear and consider
reasons for or against the proposed laying out, widening,
alteration or vacation of such road, and at which time and
place he shall publicly announce his final decision relative
thereto. The highway commissioner or the county superintendent
of highways, as the case may be, shall give public notice of
such public hearing by publication in at least one newspaper
published in the township or district or, in the absence of
such published newspaper, in at least one newspaper of general
circulation in the township or district or, in the absence of
such generally circulated newspaper at the time prescribed for
notice, by posting notices thereof in at least 5 of the most
public places in the district in the vicinity of the road for
at least 5 days prior thereto. A written notice shall be mailed
or delivered to all owners of the property adjacent to the road
which is the subject of the hearing. A written notice may be
mailed or delivered to every person known to have been present
at the hearings conducted pursuant to Sections 6-305 and 6-306
of this Act and to every other person who has requested such
notice.
    At such time and place the highway commissioner, if he is
the official conducting the hearing, shall determine the
advisability of such proposed laying out, widening, alteration
or vacation of such road, shall make an order for the same and
shall within 5 days thereafter file such order in the office of
the district clerk.
    At such time and place the county superintendent of
highways, if he is the official conducting the hearing, shall:
    (a) Be empowered to administer oaths;
    (b) Permit the appearance in person or by counsel, the
introduction of evidence and the cross examination of witnesses
by not less than 3 of the qualified petitioners, not less than
3 other legal voters residing within 2 miles of any portion of
such road, and not less than 3 other persons owning land in the
road district or owning land operated as a farm and wholly or
partially situated within 2 miles of any portion of such road,
except that no such permission shall extend to a person other
than a petitioner unless it appears that he will be directly
and adversely affected by the change requested in the petition;
    (c) Provide that every person offering testimony shall
testify under oath or affirmation and shall be subject to cross
examination, except that the technical rules of evidence
governing proceedings in circuit courts are inapplicable in
such hearing;
    (d) Secure and retain a stenographic transcript of the
proceedings, including all evidence offered or introduced at
the hearing; and
    (e) Determine the advisability of such proposed laying out,
widening, alteration or vacation of such road, shall make an
order for the same and shall within 5 days thereafter file such
final order in the office of the district clerk.
    Every order entered and filed pursuant to this Section in
approval of the change requested in the petition shall contain
an express finding that such alteration or vacation of the
township or district road will be in the public and economic
interest and will not deprive residents or owners of proximate
land of reasonable access elsewhere as specified in Section
6-305 of this Act.
(Source: P.A. 83-1362.)
 
    (605 ILCS 5/6-312)  (from Ch. 121, par. 6-312)
    Sec. 6-312. In case such final order was entered by the
highway commissioner as provided in Section 6-311 of this Code
finally determining the advisability of such proposed laying
out, widening, alteration or vacation of any township or
district road, any 3 qualified petitioners who may have signed
the petition for such proposed laying out, widening, alteration
or vacation, or any 3 legal voters residing within 2 miles of
any portion of such road, or any 3 other persons owning land in
the road district or owning land operated as a farm within 2
miles of any portion of such road, may (if either they are
qualified petitioners or they both have raised objections at
the hearing pursuant to Section 6-311 of this Act and will be
directly and adversely affected by such proposed laying out,
widening, alteration or vacation) appeal to the county
superintendent of highways by filing a notice of such appeal in
the office of the district clerk within 10 days of the date of
filing the decision appealed from. Thereupon such clerk shall
at once transmit all papers relating to such proposed laying
out, widening, altering or vacation of such road to the county
superintendent of highways, who shall within 20 days after the
receipt of the same, hold a public hearing within such district
to finally determine upon the laying out, widening, altering or
vacation of such road. Such hearing shall be upon such notice
and conducted in like manner as the hearing before the highway
commissioner relative to such final decision and from which
appeal has been taken, except that the powers and duties of the
county superintendent of highways in conducting such hearing
and in determining and filing his final order shall be
identical to the powers and duties of such superintendent
prescribed by Section 6-311 of this Act. Judicial review may be
pursued after such final order of the county superintendent of
highways relative to the alteration or vacation of such roads
in the manner provided in Section 6-315a of this Division.
(Source: Laws 1963, p. 3216.)
 
    Section 10. The Illinois Vehicle Code is amended by
changing Section 15-316 as follows:
 
    (625 ILCS 5/15-316)  (from Ch. 95 1/2, par. 15-316)
    Sec. 15-316. When the Department or local authority may
restrict right to use highways.
    (a) Except as provided in subsection (g), local authorities
with respect to highways under their jurisdiction may by
ordinance or resolution prohibit the operation of vehicles upon
any such highway or impose restrictions as to the weight of
vehicles to be operated upon any such highway, for a total
period of not to exceed 90 days in any one calendar year,
whenever any said highway by reason of deterioration, rain,
snow, or other climate conditions will be seriously damaged or
destroyed unless the use of vehicles thereon is prohibited or
the permissible weights thereof reduced.
    (b) The local authority enacting any such ordinance or
resolution shall erect or cause to be erected and maintained
signs designating the provision of the ordinance or resolution
at each end of that portion of any highway affected thereby,
and the ordinance or resolution shall not be effective unless
and until such signs are erected and maintained.
    (c) Local authorities with respect to highways under their
jurisdiction may also, by ordinance or resolution, prohibit the
operation of trucks or other commercial vehicles, or may impose
limitations as the weight thereof, on designated highways,
which prohibitions and limitations shall be designated by
appropriate signs placed on such highways.
    (c-1) (Blank).
    (c-5) Highway commissioners, with respect to roads under
their authority, may not permanently post a road or portion
thereof at a reduced weight limit unless the decision to do so
is made in accordance with Sec. 6-201.22 of the Illinois
Highway Code.
    (d) The Department shall likewise have authority as
hereinbefore granted to local authorities to determine by
resolution and to impose restrictions as to the weight of
vehicles operated upon any highway under the jurisdiction of
said department, and such restrictions shall be effective when
signs giving notice thereof are erected upon the highway or
portion of any highway affected by such resolution.
    (d-1) (Blank).
    (d-2) (Blank).
    (e) When any vehicle is operated in violation of this
Section, the owner or driver of the vehicle shall be deemed
guilty of a violation and either the owner or the driver of the
vehicle may be prosecuted for the violation. Any person, firm,
or corporation convicted of violating this Section shall be
fined $50 for any weight exceeding the posted limit up to the
axle or gross weight limit allowed a vehicle as provided for in
subsections (a) or (b) of Section 15-111 and $75 per every 500
pounds or fraction thereof for any weight exceeding that which
is provided for in subsections (a) or (b) of Section 15-111.
    (f) A municipality is authorized to enforce a county weight
limit ordinance applying to county highways within its
corporate limits and is entitled to the proceeds of any fines
collected from the enforcement.
    (g) An ordinance or resolution enacted by a county or
township pursuant to subsection (a) of this Section shall not
apply to cargo tank vehicles with two or three permanent axles
when delivering propane for emergency heating purposes if the
cargo tank is loaded at no more than 50 percent capacity, the
gross vehicle weight of the vehicle does not exceed 32,000
pounds, and the driver of the cargo tank vehicle notifies the
appropriate agency or agencies with jurisdiction over the
highway before driving the vehicle on the highway pursuant to
this subsection. The cargo tank vehicle must have an operating
gauge on the cargo tank which indicates the amount of propane
as a percent of capacity of the cargo tank. The cargo tank must
have the capacity displayed on the cargo tank, or documentation
of the capacity of the cargo tank must be available in the
vehicle. For the purposes of this subsection, propane weighs
4.2 pounds per gallon. This subsection does not apply to
municipalities. Nothing in this subsection shall allow cargo
tank vehicles to cross bridges with posted weight restrictions
if the vehicle exceeds the posted weight limit.
(Source: P.A. 96-1337, eff. 1-1-11.)

Effective Date: 1/1/2016