Public Act 096-0415
 		





HB4153 Enrolled
LRB096 10115 AJT 22428 b






    AN ACT concerning highways.

 
    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 adding 
Section 9-119.5 as follows:
 
    (605 ILCS 5/9-119.5  new)
    Sec. 9-119.5. Hay harvesting permit.
    (a) The Department may issue a hay harvesting permit 
authorizing the mowing and harvesting of hay on a specified 
right-of-way in this State. An owner or owner's designee has 
priority until July 30 of each year to receive a permit for the 
portion of right-of-way that is adjacent to the owner's land. 
After July 30 of each year, a permit may be issued to an 
applicant that is not the owner of the land adjacent to the 
right-of-way for a maximum distance of 5 miles each year. A 
permit issued under this subsection may be valid from July 15 
of each year until September 15 of each year, and the 
Department must include the timeframe that the permit is valid 
on every permit issued under this subsection.  Commencement of 
harvesting activity notice  instructions must be included on 
every permit under this subsection in accordance with paragraph 
(1) of subsection (c) of this Section. The non-refundable 
application fee for every permit under this subsection is $40, 
and all fees collected by the Department shall be deposited 
into the Road Fund.
    (b) An applicant for a permit in subsection (a) must:
        (1) sign a release acknowledging that the applicant (i) 
    assumes all risk for the quality of the hay harvested under 
    the permit, (ii) assumes all liability for accidents or 
    injury that results from  the activities permitted by the 
    Department, (iii) is liable for any damage to the 
    right-of-way described in paragraphs (5) and (6) of 
    subsection (c), and (iv) understands that the State or any 
    instrumentality thereof assumes no risk or liability for 
    the activities permitted by the Department; 
        (2) demonstrate proof that a liability insurance 
    policy in the amount of not less than $1,000,000 is in 
    force to cover any accident, damage, or loss that may occur 
    to persons or property as a result of the activities 
    permitted by the Department; and 
        (3) pay a non-refundable application fee of $40. 
    (c) The usage of a permit in subsection (a) is subject to 
the following limitations:
        (1) The permittee must give the Department 48 hours 
    notice prior to commencing any activities permitted by the 
    Department; 
        (2) The permittee must identify the location of noxious 
    weeds pursuant to the Noxious Weed Law. Noxious weeds may 
    be mowed but may not be windrowed or baled; 
        (3) The permittee may use the permit only during the 
    timeframes specified on the permit; 
        (4) The permittee must carry a copy of the permit at 
    all times while performing the activities permitted by the 
    Department; 
        (5) The permittee may use the permit only when soil in 
    the right-of-way is dry enough to prevent rutting or other 
    similar type of damage to the right-of-way; and
        (6) The permitee may not alter, damage, or remove any 
    right-of-way markers, land monuments, fences, signs, 
    trees, shrubbery or similar landscape vegetation, or other 
    highway features or structures. 
    (d) The Department may immediately terminate a permit in 
subsection (a) issued to a permittee for failure to comply with 
the use limitations of subsection (c).
    (e) The Department or the permittee may cancel the permit 
at any time upon 3 days written notice.
    (f) The Department may promulgate rules for the 
administration of this Section.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.