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


Rep. Jerry F. Costello, II

Filed: 4/20/2015





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2    AMENDMENT NO. ______. Amend House Bill 2580, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Illinois Highway Code is amended by
6changing Sections 6-201.8, 6-311, and 6-312 and by adding
7Section 6-201.22 as follows:
8    (605 ILCS 5/6-201.8)  (from Ch. 121, par. 6-201.8)
9    Sec. 6-201.8. Have general charge of the roads of his
10district, keep the same in repair and to improve them so far as
11practicable and cooperate and assist in the construction or
12improvement of such roads with labor furnished, in whole or in
13part, by the Department of Human Services (acting as successor
14to the State Department of Public Aid under the Department of
15Human Services Act) or other public assistance authorities;
16except that a highway commissioner may not permanently post at



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1a reduced weight limit any road or portion thereof unless the
2decision to do so is made in accordance with Section 6-201.22
3of this Code.
4(Source: P.A. 89-507, eff. 7-1-97.)
5    (605 ILCS 5/6-201.22 new)
6    Sec. 6-201.22. Road weight restriction; notice and
7hearing. Whenever the highway commissioner wishes to
8permanently post a road at a reduced weight limit, he or she
9shall fix a time and place to examine the route of the township
10or district road, and hear reasons for or against permanently
11posting a road 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 posted at a reduced weight limit.
24    The highway commissioner may, by written notice to the
25county superintendent of highways, by public announcement, and



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1by posting notice at the time and place named for the first
2hearing, adjourn a hearing from time to time, but not for a
3longer period than 10 days. At the hearing, or the adjourned
4hearing, the commissioner shall decide and publicly announce
5whether he or she will permanently post a road at a reduced
6weight limit. The highway commissioner shall issue a signed
7memorandum explaining the decision to permanently post a road
8at a reduced weight limit, and address any concerns raised at
9the public hearing. The signed memorandum shall be filed within
105 days after the hearing in the office of the district clerk.
11The highway commissioner shall also send a copy of the signed
12memorandum to the county superintendent of highways. The county
13superintendent of highways may approve the decision of the
14highway commissioner by signing the memorandum and filing it in
15the office of the district clerk. Upon the approval of the
16decision by the county superintendent of highways and filing of
17the memorandum with the office of the district clerk, the road
18may be posted at a reduced weight limit by the highway
20    (605 ILCS 5/6-311)  (from Ch. 121, par. 6-311)
21    Sec. 6-311. Within 20 days after the damages likely to be
22sustained by reason of the proposed laying out, widening,
23alteration or vacation of any township or district road have
24been finally ascertained, either by agreement of the parties or
25by condemnation proceedings, or within 20 days after such



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1damages may have been released, the highway commissioner or the
2county superintendent of highways, as the case may be, shall
3hold a public hearing at which he shall hear and consider
4reasons for or against the proposed laying out, widening,
5alteration or vacation of such road, and at which time and
6place he shall publicly announce his final decision relative
7thereto. The highway commissioner or the county superintendent
8of highways, as the case may be, shall give public notice of
9such public hearing by publication in at least one newspaper
10published in the township or district or, in the absence of
11such published newspaper, in at least one newspaper of general
12circulation in the township or district or, in the absence of
13such generally circulated newspaper at the time prescribed for
14notice, by posting notices thereof in at least 5 of the most
15public places in the district in the vicinity of the road for
16at least 5 days prior thereto. A written notice shall be mailed
17or delivered to all owners of the property adjacent to the road
18which is the subject of the hearing. A written notice may be
19mailed or delivered to every person known to have been present
20at the hearings conducted pursuant to Sections 6-305 and 6-306
21of this Act and to every other person who has requested such
23    At such time and place the highway commissioner, if he is
24the official conducting the hearing, shall determine the
25advisability of such proposed laying out, widening, alteration
26or vacation of such road, shall make an order for the same and



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1shall within 5 days thereafter file such order in the office of
2the district clerk.
3    At such time and place the county superintendent of
4highways, if he is the official conducting the hearing, shall:
5    (a) Be empowered to administer oaths;
6    (b) Permit the appearance in person or by counsel, the
7introduction of evidence and the cross examination of witnesses
8by not less than 3 of the qualified petitioners, not less than
93 other legal voters residing within 2 miles of any portion of
10such road, and not less than 3 other persons owning land in the
11road district or owning land operated as a farm and wholly or
12partially situated within 2 miles of any portion of such road,
13except that no such permission shall extend to a person other
14than a petitioner unless it appears that he will be directly
15and adversely affected by the change requested in the petition;
16    (c) Provide that every person offering testimony shall
17testify under oath or affirmation and shall be subject to cross
18examination, except that the technical rules of evidence
19governing proceedings in circuit courts are inapplicable in
20such hearing;
21    (d) Secure and retain a stenographic transcript of the
22proceedings, including all evidence offered or introduced at
23the hearing; and
24    (e) Determine the advisability of such proposed laying out,
25widening, alteration or vacation of such road, shall make an
26order for the same and shall within 5 days thereafter file such



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1final order in the office of the district clerk.
2    Every order entered and filed pursuant to this Section in
3approval of the change requested in the petition shall contain
4an express finding that such alteration or vacation of the
5township or district road will be in the public and economic
6interest and will not deprive residents or owners of proximate
7land of reasonable access elsewhere as specified in Section
86-305 of this Act.
9(Source: P.A. 83-1362.)
10    (605 ILCS 5/6-312)  (from Ch. 121, par. 6-312)
11    Sec. 6-312. In case such final order was entered by the
12highway commissioner as provided in Section 6-311 of this Code
13finally determining the advisability of such proposed laying
14out, widening, alteration or vacation of any township or
15district road, any 3 qualified petitioners who may have signed
16the petition for such proposed laying out, widening, alteration
17or vacation, or any 3 legal voters residing within 2 miles of
18any portion of such road, or any 3 other persons owning land in
19the road district or owning land operated as a farm within 2
20miles of any portion of such road, may (if either they are
21qualified petitioners or they both have raised objections at
22the hearing pursuant to Section 6-311 of this Act and will be
23directly and adversely affected by such proposed laying out,
24widening, alteration or vacation) appeal to the county
25superintendent of highways by filing a notice of such appeal in



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1the office of the district clerk within 10 days of the date of
2filing the decision appealed from. Thereupon such clerk shall
3at once transmit all papers relating to such proposed laying
4out, widening, altering or vacation of such road to the county
5superintendent of highways, who shall within 20 days after the
6receipt of the same, hold a public hearing within such district
7to finally determine upon the laying out, widening, altering or
8vacation of such road. Such hearing shall be upon such notice
9and conducted in like manner as the hearing before the highway
10commissioner relative to such final decision and from which
11appeal has been taken, except that the powers and duties of the
12county superintendent of highways in conducting such hearing
13and in determining and filing his final order shall be
14identical to the powers and duties of such superintendent
15prescribed by Section 6-311 of this Act. Judicial review may be
16pursued after such final order of the county superintendent of
17highways relative to the alteration or vacation of such roads
18in the manner provided in Section 6-315a of this Division.
19(Source: Laws 1963, p. 3216.)
20    Section 10. The Illinois Vehicle Code is amended by
21changing Section 15-316 as follows:
22    (625 ILCS 5/15-316)  (from Ch. 95 1/2, par. 15-316)
23    Sec. 15-316. When the Department or local authority may
24restrict right to use highways.



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1    (a) Except as provided in subsection (g), local authorities
2with respect to highways under their jurisdiction may by
3ordinance or resolution prohibit the operation of vehicles upon
4any such highway or impose restrictions as to the weight of
5vehicles to be operated upon any such highway, for a total
6period of not to exceed 90 days in any one calendar year,
7whenever any said highway by reason of deterioration, rain,
8snow, or other climate conditions will be seriously damaged or
9destroyed unless the use of vehicles thereon is prohibited or
10the permissible weights thereof reduced.
11    (b) The local authority enacting any such ordinance or
12resolution shall erect or cause to be erected and maintained
13signs designating the provision of the ordinance or resolution
14at each end of that portion of any highway affected thereby,
15and the ordinance or resolution shall not be effective unless
16and until such signs are erected and maintained.
17    (c) Local authorities with respect to highways under their
18jurisdiction may also, by ordinance or resolution, prohibit the
19operation of trucks or other commercial vehicles, or may impose
20limitations as the weight thereof, on designated highways,
21which prohibitions and limitations shall be designated by
22appropriate signs placed on such highways.
23    (c-1) (Blank).
24    (c-5) Highway commissioners, with respect to roads under
25their authority, may not permanently post a road or portion
26thereof at a reduced weight limit unless the decision to do so



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1is made in accordance with Sec. 6-201.22 of the Illinois
2Highway Code.
3    (d) The Department shall likewise have authority as
4hereinbefore granted to local authorities to determine by
5resolution and to impose restrictions as to the weight of
6vehicles operated upon any highway under the jurisdiction of
7said department, and such restrictions shall be effective when
8signs giving notice thereof are erected upon the highway or
9portion of any highway affected by such resolution.
10    (d-1) (Blank).
11    (d-2) (Blank).
12    (e) When any vehicle is operated in violation of this
13Section, the owner or driver of the vehicle shall be deemed
14guilty of a violation and either the owner or the driver of the
15vehicle may be prosecuted for the violation. Any person, firm,
16or corporation convicted of violating this Section shall be
17fined $50 for any weight exceeding the posted limit up to the
18axle or gross weight limit allowed a vehicle as provided for in
19subsections (a) or (b) of Section 15-111 and $75 per every 500
20pounds or fraction thereof for any weight exceeding that which
21is provided for in subsections (a) or (b) of Section 15-111.
22    (f) A municipality is authorized to enforce a county weight
23limit ordinance applying to county highways within its
24corporate limits and is entitled to the proceeds of any fines
25collected from the enforcement.
26    (g) An ordinance or resolution enacted by a county or



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1township pursuant to subsection (a) of this Section shall not
2apply to cargo tank vehicles with two or three permanent axles
3when delivering propane for emergency heating purposes if the
4cargo tank is loaded at no more than 50 percent capacity, the
5gross vehicle weight of the vehicle does not exceed 32,000
6pounds, and the driver of the cargo tank vehicle notifies the
7appropriate agency or agencies with jurisdiction over the
8highway before driving the vehicle on the highway pursuant to
9this subsection. The cargo tank vehicle must have an operating
10gauge on the cargo tank which indicates the amount of propane
11as a percent of capacity of the cargo tank. The cargo tank must
12have the capacity displayed on the cargo tank, or documentation
13of the capacity of the cargo tank must be available in the
14vehicle. For the purposes of this subsection, propane weighs
154.2 pounds per gallon. This subsection does not apply to
16municipalities. Nothing in this subsection shall allow cargo
17tank vehicles to cross bridges with posted weight restrictions
18if the vehicle exceeds the posted weight limit.
19(Source: P.A. 96-1337, eff. 1-1-11.)".