HB5352 100TH GENERAL ASSEMBLY

LRB100 17340 LNS 32504 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5352

Introduced , by Rep. Ryan Spain

SYNOPSIS AS INTRODUCED:

605 ILCS 5/111.2 new

Amends the Illinois Highway Code. Provides that mowing roadside vegetation on the rights-of-way or median of a primary highway, interstate highway, or secondary road between March 15 and August 15 is prohibited. Provides exceptions to the mowing prohibition. Provides that the mowing prohibition shall be enforced by the Department of Transportation and violations of the prohibition will result in various civil penalties to be deposited into the Illinois Habitat Fund. Provides that the Department of Transportation shall adopt rules to implement the new provisions.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 adding Section 111.2 as follows:

(605 ILCS 5/111.2 new)

Sec. 111.2. Mowing prohibited.

(a) Mowing roadside vegetation on the rights-of-way or median of a primary highway, interstate highway, or secondary road between March 15 and August 15 is prohibited, except:

(1) within 100 yards of an inhabited dwelling;

(2) on the right-of-way or median within one mile of the corporate limits of a municipality;

(3) to promote native species of vegetation or other long-lived and adaptable vegetation;

(4) to establish control of damaging insect populations, invasive plant species;

(5) as provided in Section 9-111, 9-119.5, or 9-119.6;

(6) within 100 yards of a 2-way, 3-way, or 4-way intersection;

(7) within rest areas, weigh stations, and wayside parks;

(8) within 50 feet of a drainage tile or tile intake;

(9) within 100 feet of a mailbox; and

(10) within 25 feet of the edge of a right-of-way adjacent to an agricultural demonstration or research plot.

(b) The Department shall enforce this Section. Any person who violates subsection (a) shall pay a civil penalty, to be deposited into the Illinois Habitat Fund, in the following amounts:

(1) for the first violation, $100;

(2) for the second violation, $200;

(3) for a third or subsequent violation, $1,000.

(c) The Department shall adopt rules to implement this Section.