Illinois General Assembly - Full Text of HB2580
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Full Text of HB2580  99th General Assembly


Rep. Jerry F. Costello, II

Filed: 3/23/2015





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2    AMENDMENT NO. ______. Amend House Bill 2580 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Highway Code is amended by
5changing Sections 6-201.8, 6-301, and 6-306 and by adding
6Section 6-201.22 as follows:
7    (605 ILCS 5/6-201.8)  (from Ch. 121, par. 6-201.8)
8    Sec. 6-201.8. Have general charge of the roads of his
9district, keep the same in repair and to improve them so far as
10practicable and cooperate and assist in the construction or
11improvement of such roads with labor furnished, in whole or in
12part, by the Department of Human Services (acting as successor
13to the State Department of Public Aid under the Department of
14Human Services Act) or other public assistance authorities;
15except that a highway commissioner may not permanently close or
16permanently post at a reduced weight limit any road or portion



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1thereof unless the decision to do so is made in accordance with
2Section 6-201.22 of this Code.
3(Source: P.A. 89-507, eff. 7-1-97.)
4    (605 ILCS 5/6-201.22 new)
5    Sec. 6-201.22. Road closing or weight restriction; notice
6and hearing. Whenever the highway commissioner wishes to
7permanently close or permanently post a road at a reduced
8weight limit, he or she shall fix a time and place to examine
9the route of the township or district road, and hear reasons
10for or against permanently closing or permanently posting a
11road at a reduced weight limit.
12    The highway commissioner shall give written notice at least
1310 days prior to the time of examination and hearing to the
14county superintendent of highways. He or she shall also provide
15notice by publication in at least one newspaper published in
16the township or district. In the absence of a newspaper
17published in the township or district, notice by publication
18shall be provided in at least one newspaper of general
19circulation in the township or district. In the absence of a
20generally circulated newspaper in the township or district,
21notice by publication shall be made by posting notices in 5 of
22the most public places in the district in the vicinity of the
23road to be permanently closed or permanently posted at a
24reduced weight limit.
25    The highway commissioner may, by written notice to the



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1county superintendent of highways, by public announcement, and
2by posting notice at the time and place named for the first
3hearing, adjourn a hearing from time to time, but not for a
4longer period than 10 days. At the hearing, or the adjourned
5hearing, the commissioner shall decide and publicly announce
6whether he or she will permanently close or permanently post a
7road at a reduced weight limit. The highway commissioner shall
8issue a signed memorandum explaining the decision to
9permanently close or permanently post a road at a reduced
10weight limit, and address any concerns raised at the public
11hearing. The signed memorandum shall be filed within 5 days
12after the hearing in the office of the district clerk. The
13highway commissioner shall also send a copy of the signed
14memorandum to the county superintendent of highways. Before
15permanently closing or permanently posting a road at a reduced
16weight limit, the county superintendent of highways must
17approve the decision of the highway commissioner by signing the
18memorandum and filing it in the office of the district clerk.
19    (605 ILCS 5/6-301)  (from Ch. 121, par. 6-301)
20    Sec. 6-301. All township and district roads established
21under this Division of this Code shall be not less than 40 feet
22in width, except as provided in Section 6-327.
23    Highway commissioners in single township road districts
24may annually determine that certain roads in the district are
25vital to the general benefit of the district and designate them



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1all or in part as arterial district roads. The designation must
2be approved by the county superintendent of highways, after
3notice and hearing, prior to the commissioners' recording the
4roads with the county superintendent of highways. No road or
5portion thereof designated as arterial shall be closed or
6vacated without written approval of the county despite the
7road's inclusion in any annexation or incorporation
8proceedings provided for in the Illinois Municipal Code. No
9road or portion thereof designated as arterial shall be
10permanently closed unless the decision to do so is made in
11accordance with Section 6-201.22 of this Code. This paragraph
12does not apply to roads in home rule units of government nor
13the roads included in our annexation proceeding by home rule
14units of governments.
15    This Division of this Code shall not apply to proceedings
16for laying out, widening, altering or vacating streets in
17municipalities, except as provided in this Section.
18(Source: P.A. 86-1229.)
19    (605 ILCS 5/6-306)  (from Ch. 121, par. 6-306)
20    Sec. 6-306. Following the decision of a highway
21commissioner In case the highway commissioner denies the prayer
22of the petition for the laying out, widening, altering or
23vacation of a township or district road, any 3 landowners in
24the road district of the petitioners may appeal from such
25decision to the county superintendent of highways by joining in



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1a notice of such appeal and filing the same in the office of
2the district clerk within 10 days after the date of the
3decision appealed from. The clerk shall thereupon transmit the
4original petition for the laying out, widening, altering or
5vacation of such township or district road, together with the
6notice of appeal to the county superintendent of highways. Upon
7receipt thereof the county superintendent of highways shall
8thereupon fix a time and place for a public hearing thereof,
9giving notice thereof and conducting the hearing and rendering
10his decision thereon in the manner prescribed by Section 6-311
11of this Act in the case of the hearing upon such petition by
12the county superintendent of highways. Upon rendering his
13decision, the county superintendent of highways shall likewise
14endorse on such petition a memorandum of his decision, which
15(if the decision approved the change requested in the petition)
16shall include his findings that such alteration or vacation of
17the township or district road will be in the public and
18economic interest and will not deprive residents or owners of
19proximate land of reasonable access elsewhere as specified in
20Section 6-305 of this Act; and shall file the same in the
21office of the district clerk.
22    Such decision of the highway commissioner or, upon appeal
23of such order, of the county superintendent of highways shall
24be regarded as a preliminary decision upon the advisability of
25the proposal in the petition and shall be subject to revocation
26in the manner hereinafter provided, except that such decision



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1of the county superintendent of highways affirming the denial
2of the petition shall be regarded as a final decision.
3(Source: Laws 1963, p. 3216.)
4    Section 10. The Illinois Vehicle Code is amended by
5changing Section 15-316 as follows:
6    (625 ILCS 5/15-316)  (from Ch. 95 1/2, par. 15-316)
7    Sec. 15-316. When the Department or local authority may
8restrict right to use highways.
9    (a) Except as provided in subsection (g), local authorities
10with respect to highways under their jurisdiction may by
11ordinance or resolution prohibit the operation of vehicles upon
12any such highway or impose restrictions as to the weight of
13vehicles to be operated upon any such highway, for a total
14period of not to exceed 90 days in any one calendar year,
15whenever any said highway by reason of deterioration, rain,
16snow, or other climate conditions will be seriously damaged or
17destroyed unless the use of vehicles thereon is prohibited or
18the permissible weights thereof reduced.
19    (b) The local authority enacting any such ordinance or
20resolution shall erect or cause to be erected and maintained
21signs designating the provision of the ordinance or resolution
22at each end of that portion of any highway affected thereby,
23and the ordinance or resolution shall not be effective unless
24and until such signs are erected and maintained.



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1    (c) Local authorities with respect to highways under their
2jurisdiction may also, by ordinance or resolution, prohibit the
3operation of trucks or other commercial vehicles, or may impose
4limitations as the weight thereof, on designated highways,
5which prohibitions and limitations shall be designated by
6appropriate signs placed on such highways.
7    (c-1) (Blank).
8    (c-5) Highway commissioners, with respect to roads under
9their authority, may not permanently post a road or portion
10thereof at a reduced weight limit unless the decision to do so
11is made in accordance with Section 6-201.22 of the Illinois
12Highway Code.
13    (d) The Department shall likewise have authority as
14hereinbefore granted to local authorities to determine by
15resolution and to impose restrictions as to the weight of
16vehicles operated upon any highway under the jurisdiction of
17said department, and such restrictions shall be effective when
18signs giving notice thereof are erected upon the highway or
19portion of any highway affected by such resolution.
20    (d-1) (Blank).
21    (d-2) (Blank).
22    (e) When any vehicle is operated in violation of this
23Section, the owner or driver of the vehicle shall be deemed
24guilty of a violation and either the owner or the driver of the
25vehicle may be prosecuted for the violation. Any person, firm,
26or corporation convicted of violating this Section shall be



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1fined $50 for any weight exceeding the posted limit up to the
2axle or gross weight limit allowed a vehicle as provided for in
3subsections (a) or (b) of Section 15-111 and $75 per every 500
4pounds or fraction thereof for any weight exceeding that which
5is provided for in subsections (a) or (b) of Section 15-111.
6    (f) A municipality is authorized to enforce a county weight
7limit ordinance applying to county highways within its
8corporate limits and is entitled to the proceeds of any fines
9collected from the enforcement.
10    (g) An ordinance or resolution enacted by a county or
11township pursuant to subsection (a) of this Section shall not
12apply to cargo tank vehicles with two or three permanent axles
13when delivering propane for emergency heating purposes if the
14cargo tank is loaded at no more than 50 percent capacity, the
15gross vehicle weight of the vehicle does not exceed 32,000
16pounds, and the driver of the cargo tank vehicle notifies the
17appropriate agency or agencies with jurisdiction over the
18highway before driving the vehicle on the highway pursuant to
19this subsection. The cargo tank vehicle must have an operating
20gauge on the cargo tank which indicates the amount of propane
21as a percent of capacity of the cargo tank. The cargo tank must
22have the capacity displayed on the cargo tank, or documentation
23of the capacity of the cargo tank must be available in the
24vehicle. For the purposes of this subsection, propane weighs
254.2 pounds per gallon. This subsection does not apply to
26municipalities. Nothing in this subsection shall allow cargo



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1tank vehicles to cross bridges with posted weight restrictions
2if the vehicle exceeds the posted weight limit.
3(Source: P.A. 96-1337, eff. 1-1-11.)".