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.)