Public Act 099-0237

HB2580 Enrolled LRB099 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.)