Illinois General Assembly - Full Text of Public Act 096-0415
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Public Act 096-0415




Public Act 096-0415
HB4153 Enrolled LRB096 10115 AJT 22428 b

    AN ACT concerning highways.
    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 9-119.5 as follows:
    (605 ILCS 5/9-119.5 new)
    Sec. 9-119.5. Hay harvesting permit.
    (a) The Department may issue a hay harvesting permit
authorizing the mowing and harvesting of hay on a specified
right-of-way in this State. An owner or owner's designee has
priority until July 30 of each year to receive a permit for the
portion of right-of-way that is adjacent to the owner's land.
After July 30 of each year, a permit may be issued to an
applicant that is not the owner of the land adjacent to the
right-of-way for a maximum distance of 5 miles each year. A
permit issued under this subsection may be valid from July 15
of each year until September 15 of each year, and the
Department must include the timeframe that the permit is valid
on every permit issued under this subsection. Commencement of
harvesting activity notice instructions must be included on
every permit under this subsection in accordance with paragraph
(1) of subsection (c) of this Section. The non-refundable
application fee for every permit under this subsection is $40,
and all fees collected by the Department shall be deposited
into the Road Fund.
    (b) An applicant for a permit in subsection (a) must:
        (1) sign a release acknowledging that the applicant (i)
    assumes all risk for the quality of the hay harvested under
    the permit, (ii) assumes all liability for accidents or
    injury that results from the activities permitted by the
    Department, (iii) is liable for any damage to the
    right-of-way described in paragraphs (5) and (6) of
    subsection (c), and (iv) understands that the State or any
    instrumentality thereof assumes no risk or liability for
    the activities permitted by the Department;
        (2) demonstrate proof that a liability insurance
    policy in the amount of not less than $1,000,000 is in
    force to cover any accident, damage, or loss that may occur
    to persons or property as a result of the activities
    permitted by the Department; and
        (3) pay a non-refundable application fee of $40.
    (c) The usage of a permit in subsection (a) is subject to
the following limitations:
        (1) The permittee must give the Department 48 hours
    notice prior to commencing any activities permitted by the
        (2) The permittee must identify the location of noxious
    weeds pursuant to the Noxious Weed Law. Noxious weeds may
    be mowed but may not be windrowed or baled;
        (3) The permittee may use the permit only during the
    timeframes specified on the permit;
        (4) The permittee must carry a copy of the permit at
    all times while performing the activities permitted by the
        (5) The permittee may use the permit only when soil in
    the right-of-way is dry enough to prevent rutting or other
    similar type of damage to the right-of-way; and
        (6) The permitee may not alter, damage, or remove any
    right-of-way markers, land monuments, fences, signs,
    trees, shrubbery or similar landscape vegetation, or other
    highway features or structures.
    (d) The Department may immediately terminate a permit in
subsection (a) issued to a permittee for failure to comply with
the use limitations of subsection (c).
    (e) The Department or the permittee may cancel the permit
at any time upon 3 days written notice.
    (f) The Department may promulgate rules for the
administration of this Section.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/13/2009