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




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1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Highway Code is amended by changing
5Sections 6-201.8, 6-311, and 6-312 and by adding Section
66-201.22 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 post at
16a reduced weight limit any road or portion thereof unless the
17decision to do so is made in accordance with Section 6-201.22
18of this Code.
19(Source: P.A. 89-507, eff. 7-1-97.)
20    (605 ILCS 5/6-201.22 new)
21    Sec. 6-201.22. Road weight restriction; notice and
22hearing. Whenever the highway commissioner wishes to



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1permanently post a road at a reduced weight limit, he or she
2shall fix a time and place to examine the route of the township
3or district road, and hear reasons for or against permanently
4posting a road at a reduced weight limit.
5    The highway commissioner shall give written notice at least
610 days prior to the time of examination and hearing to the
7county superintendent of highways. He or she shall also provide
8notice by publication in at least one newspaper published in
9the township or district. In the absence of a newspaper
10published in the township or district, notice by publication
11shall be provided in at least one newspaper of general
12circulation in the township or district. In the absence of a
13generally circulated newspaper in the township or district,
14notice by publication shall be made by posting notices in 5 of
15the most public places in the district in the vicinity of the
16road to be permanently posted at a reduced weight limit.
17    The highway commissioner may, by written notice to the
18county superintendent of highways, by public announcement, and
19by posting notice at the time and place named for the first
20hearing, adjourn a hearing from time to time, but not for a
21longer period than 10 days. At the hearing, or the adjourned
22hearing, the commissioner shall decide and publicly announce
23whether he or she will permanently post a road at a reduced
24weight limit. The highway commissioner shall issue a signed
25memorandum explaining the decision to permanently post a road
26at a reduced weight limit, and address any concerns raised at



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1the public hearing. The signed memorandum shall be filed within
25 days after the hearing in the office of the district clerk.
3The highway commissioner shall also send a copy of the signed
4memorandum to the county superintendent of highways. The county
5superintendent of highways may approve the decision of the
6highway commissioner by signing the memorandum and filing it in
7the office of the district clerk. Upon the approval of the
8decision by the county superintendent of highways and filing of
9the memorandum with the office of the district clerk, the road
10may be posted at a reduced weight limit by the highway
12    (605 ILCS 5/6-311)  (from Ch. 121, par. 6-311)
13    Sec. 6-311. Within 20 days after the damages likely to be
14sustained by reason of the proposed laying out, widening,
15alteration or vacation of any township or district road have
16been finally ascertained, either by agreement of the parties or
17by condemnation proceedings, or within 20 days after such
18damages may have been released, the highway commissioner or the
19county superintendent of highways, as the case may be, shall
20hold a public hearing at which he shall hear and consider
21reasons for or against the proposed laying out, widening,
22alteration or vacation of such road, and at which time and
23place he shall publicly announce his final decision relative
24thereto. The highway commissioner or the county superintendent
25of highways, as the case may be, shall give public notice of



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1such public hearing by publication in at least one newspaper
2published in the township or district or, in the absence of
3such published newspaper, in at least one newspaper of general
4circulation in the township or district or, in the absence of
5such generally circulated newspaper at the time prescribed for
6notice, by posting notices thereof in at least 5 of the most
7public places in the district in the vicinity of the road for
8at least 5 days prior thereto. A written notice shall be mailed
9or delivered to all owners of the property adjacent to the road
10which is the subject of the hearing. A written notice may be
11mailed or delivered to every person known to have been present
12at the hearings conducted pursuant to Sections 6-305 and 6-306
13of this Act and to every other person who has requested such
15    At such time and place the highway commissioner, if he is
16the official conducting the hearing, shall determine the
17advisability of such proposed laying out, widening, alteration
18or vacation of such road, shall make an order for the same and
19shall within 5 days thereafter file such order in the office of
20the district clerk.
21    At such time and place the county superintendent of
22highways, if he is the official conducting the hearing, shall:
23    (a) Be empowered to administer oaths;
24    (b) Permit the appearance in person or by counsel, the
25introduction of evidence and the cross examination of witnesses
26by not less than 3 of the qualified petitioners, not less than



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13 other legal voters residing within 2 miles of any portion of
2such road, and not less than 3 other persons owning land in the
3road district or owning land operated as a farm and wholly or
4partially situated within 2 miles of any portion of such road,
5except that no such permission shall extend to a person other
6than a petitioner unless it appears that he will be directly
7and adversely affected by the change requested in the petition;
8    (c) Provide that every person offering testimony shall
9testify under oath or affirmation and shall be subject to cross
10examination, except that the technical rules of evidence
11governing proceedings in circuit courts are inapplicable in
12such hearing;
13    (d) Secure and retain a stenographic transcript of the
14proceedings, including all evidence offered or introduced at
15the hearing; and
16    (e) Determine the advisability of such proposed laying out,
17widening, alteration or vacation of such road, shall make an
18order for the same and shall within 5 days thereafter file such
19final order in the office of the district clerk.
20    Every order entered and filed pursuant to this Section in
21approval of the change requested in the petition shall contain
22an express finding that such alteration or vacation of the
23township or district road will be in the public and economic
24interest and will not deprive residents or owners of proximate
25land of reasonable access elsewhere as specified in Section
266-305 of this Act.



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1(Source: P.A. 83-1362.)
2    (605 ILCS 5/6-312)  (from Ch. 121, par. 6-312)
3    Sec. 6-312. In case such final order was entered by the
4highway commissioner as provided in Section 6-311 of this Code
5finally determining the advisability of such proposed laying
6out, widening, alteration or vacation of any township or
7district road, any 3 qualified petitioners who may have signed
8the petition for such proposed laying out, widening, alteration
9or vacation, or any 3 legal voters residing within 2 miles of
10any portion of such road, or any 3 other persons owning land in
11the road district or owning land operated as a farm within 2
12miles of any portion of such road, may (if either they are
13qualified petitioners or they both have raised objections at
14the hearing pursuant to Section 6-311 of this Act and will be
15directly and adversely affected by such proposed laying out,
16widening, alteration or vacation) appeal to the county
17superintendent of highways by filing a notice of such appeal in
18the office of the district clerk within 10 days of the date of
19filing the decision appealed from. Thereupon such clerk shall
20at once transmit all papers relating to such proposed laying
21out, widening, altering or vacation of such road to the county
22superintendent of highways, who shall within 20 days after the
23receipt of the same, hold a public hearing within such district
24to finally determine upon the laying out, widening, altering or
25vacation of such road. Such hearing shall be upon such notice



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1and conducted in like manner as the hearing before the highway
2commissioner relative to such final decision and from which
3appeal has been taken, except that the powers and duties of the
4county superintendent of highways in conducting such hearing
5and in determining and filing his final order shall be
6identical to the powers and duties of such superintendent
7prescribed by Section 6-311 of this Act. Judicial review may be
8pursued after such final order of the county superintendent of
9highways relative to the alteration or vacation of such roads
10in the manner provided in Section 6-315a of this Division.
11(Source: Laws 1963, p. 3216.)
12    Section 10. The Illinois Vehicle Code is amended by
13changing Section 15-316 as follows:
14    (625 ILCS 5/15-316)  (from Ch. 95 1/2, par. 15-316)
15    Sec. 15-316. When the Department or local authority may
16restrict right to use highways.
17    (a) Except as provided in subsection (g), local authorities
18with respect to highways under their jurisdiction may by
19ordinance or resolution prohibit the operation of vehicles upon
20any such highway or impose restrictions as to the weight of
21vehicles to be operated upon any such highway, for a total
22period of not to exceed 90 days in any one calendar year,
23whenever any said highway by reason of deterioration, rain,
24snow, or other climate conditions will be seriously damaged or



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1destroyed unless the use of vehicles thereon is prohibited or
2the permissible weights thereof reduced.
3    (b) The local authority enacting any such ordinance or
4resolution shall erect or cause to be erected and maintained
5signs designating the provision of the ordinance or resolution
6at each end of that portion of any highway affected thereby,
7and the ordinance or resolution shall not be effective unless
8and until such signs are erected and maintained.
9    (c) Local authorities with respect to highways under their
10jurisdiction may also, by ordinance or resolution, prohibit the
11operation of trucks or other commercial vehicles, or may impose
12limitations as the weight thereof, on designated highways,
13which prohibitions and limitations shall be designated by
14appropriate signs placed on such highways.
15    (c-1) (Blank).
16    (c-5) Highway commissioners, with respect to roads under
17their authority, may not permanently post a road or portion
18thereof at a reduced weight limit unless the decision to do so
19is made in accordance with Sec. 6-201.22 of the Illinois
20Highway Code.
21    (d) The Department shall likewise have authority as
22hereinbefore granted to local authorities to determine by
23resolution and to impose restrictions as to the weight of
24vehicles operated upon any highway under the jurisdiction of
25said department, and such restrictions shall be effective when
26signs giving notice thereof are erected upon the highway or



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1portion of any highway affected by such resolution.
2    (d-1) (Blank).
3    (d-2) (Blank).
4    (e) When any vehicle is operated in violation of this
5Section, the owner or driver of the vehicle shall be deemed
6guilty of a violation and either the owner or the driver of the
7vehicle may be prosecuted for the violation. Any person, firm,
8or corporation convicted of violating this Section shall be
9fined $50 for any weight exceeding the posted limit up to the
10axle or gross weight limit allowed a vehicle as provided for in
11subsections (a) or (b) of Section 15-111 and $75 per every 500
12pounds or fraction thereof for any weight exceeding that which
13is provided for in subsections (a) or (b) of Section 15-111.
14    (f) A municipality is authorized to enforce a county weight
15limit ordinance applying to county highways within its
16corporate limits and is entitled to the proceeds of any fines
17collected from the enforcement.
18    (g) An ordinance or resolution enacted by a county or
19township pursuant to subsection (a) of this Section shall not
20apply to cargo tank vehicles with two or three permanent axles
21when delivering propane for emergency heating purposes if the
22cargo tank is loaded at no more than 50 percent capacity, the
23gross vehicle weight of the vehicle does not exceed 32,000
24pounds, and the driver of the cargo tank vehicle notifies the
25appropriate agency or agencies with jurisdiction over the
26highway before driving the vehicle on the highway pursuant to



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1this subsection. The cargo tank vehicle must have an operating
2gauge on the cargo tank which indicates the amount of propane
3as a percent of capacity of the cargo tank. The cargo tank must
4have the capacity displayed on the cargo tank, or documentation
5of the capacity of the cargo tank must be available in the
6vehicle. For the purposes of this subsection, propane weighs
74.2 pounds per gallon. This subsection does not apply to
8municipalities. Nothing in this subsection shall allow cargo
9tank vehicles to cross bridges with posted weight restrictions
10if the vehicle exceeds the posted weight limit.
11(Source: P.A. 96-1337, eff. 1-1-11.)