HB2580 Engrossed LRB099 03909 RJF 23925 b
1		AN ACT concerning transportation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Illinois Highway Code is amended by changing
5		Sections 6-201.8, 6-301, and 6-306 and by adding Section
6		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
9		district, keep the same in repair and to improve them so far as
10		practicable and cooperate and assist in the construction or
11		improvement of such roads with labor furnished, in whole or in
12		part, by the Department of Human Services (acting as successor
13		to the State Department of Public Aid under the Department of
14		Human Services Act) or other public assistance authorities;
15		except that a highway commissioner may not permanently close or
16		permanently post at a reduced weight limit any road or portion
17		thereof unless the decision to do so is made in accordance with
18		Section 6-201.22 of 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 closing or weight restriction; notice
22		and hearing. Whenever the highway commissioner wishes to

HB2580 Engrossed - 2 - LRB099 03909 RJF 23925 b
1		permanently close or permanently post a road at a reduced
2		weight limit, he or she shall fix a time and place to examine
3		the route of the township or district road, and hear reasons
4		for or against permanently closing or permanently posting a
5		road at a reduced weight limit.
6		The highway commissioner shall give written notice at least
7		10 days prior to the time of examination and hearing to the
8		county superintendent of highways. He or she shall also provide
9		notice by publication in at least one newspaper published in
10		the township or district. In the absence of a newspaper
11		published in the township or district, notice by publication
12		shall be provided in at least one newspaper of general
13		circulation in the township or district. In the absence of a
14		generally circulated newspaper in the township or district,
15		notice by publication shall be made by posting notices in 5 of
16		the most public places in the district in the vicinity of the
17		road to be permanently closed or permanently posted at a
18		reduced weight limit.
19		The highway commissioner may, by written notice to the
20		county superintendent of highways, by public announcement, and
21		by posting notice at the time and place named for the first
22		hearing, adjourn a hearing from time to time, but not for a
23		longer period than 10 days. At the hearing, or the adjourned
24		hearing, the commissioner shall decide and publicly announce
25		whether he or she will permanently close or permanently post a
26		road at a reduced weight limit. The highway commissioner shall

HB2580 Engrossed - 3 - LRB099 03909 RJF 23925 b
1		issue a signed memorandum explaining the decision to
2		permanently close or permanently post a road at a reduced
3		weight limit, and address any concerns raised at the public
4		hearing. The signed memorandum shall be filed within 5 days
5		after the hearing in the office of the district clerk. The
6		highway commissioner shall also send a copy of the signed
7		memorandum to the county superintendent of highways. Before
8		permanently closing or permanently posting a road at a reduced
9		weight limit, the county superintendent of highways must
10		approve the decision of the highway commissioner by signing the
11		memorandum and filing it in the office of the district clerk.
12		(605 ILCS 5/6-301) (from Ch. 121, par. 6-301)
13		Sec. 6-301. All township and district roads established
14		under this Division of this Code shall be not less than 40 feet
15		in width, except as provided in Section 6-327.
16		Highway commissioners in single township road districts
17		may annually determine that certain roads in the district are
18		vital to the general benefit of the district and designate them
19		all or in part as arterial district roads. The designation must
20		be approved by the county superintendent of highways, after
21		notice and hearing, prior to the commissioners' recording the
22		roads with the county superintendent of highways. No road or
23		portion thereof designated as arterial shall be closed or
24		vacated without written approval of the county despite the
25		road's inclusion in any annexation or incorporation

HB2580 Engrossed - 4 - LRB099 03909 RJF 23925 b
1		proceedings provided for in the Illinois Municipal Code. No
2		road or portion thereof designated as arterial shall be
3		permanently closed unless the decision to do so is made in
4		accordance with Section 6-201.22 of this Code. This paragraph
5		does not apply to roads in home rule units of government nor
6		the roads included in our annexation proceeding by home rule
7		units of governments.
8		This Division of this Code shall not apply to proceedings
9		for laying out, widening, altering or vacating streets in
10		municipalities, except as provided in this Section.
11		(Source: P.A. 86-1229.)
12		(605 ILCS 5/6-306) (from Ch. 121, par. 6-306)
13		Sec. 6-306. Following the decision of a highway
14		commissioner In case the highway commissioner denies the prayer
15		of the petition for the laying out, widening, altering or
16		vacation of a township or district road, any 3 landowners in
17		the road district of the petitioners may appeal from such
18		decision to the county superintendent of highways by joining in
19		a notice of such appeal and filing the same in the office of
20		the district clerk within 10 days after the date of the
21		decision appealed from. The clerk shall thereupon transmit the
22		original petition for the laying out, widening, altering or
23		vacation of such township or district road, together with the
24		notice of appeal to the county superintendent of highways. Upon
25		receipt thereof the county superintendent of highways shall

HB2580 Engrossed - 5 - LRB099 03909 RJF 23925 b
1		thereupon fix a time and place for a public hearing thereof,
2		giving notice thereof and conducting the hearing and rendering
3		his decision thereon in the manner prescribed by Section 6-311
4		of this Act in the case of the hearing upon such petition by
5		the county superintendent of highways. Upon rendering his
6		decision, the county superintendent of highways shall likewise
7		endorse on such petition a memorandum of his decision, which
8		(if the decision approved the change requested in the petition)
9		shall include his findings that such alteration or vacation of
10		the township or district road will be in the public and
11		economic interest and will not deprive residents or owners of
12		proximate land of reasonable access elsewhere as specified in
13		Section 6-305 of this Act; and shall file the same in the
14		office of the district clerk.
15		Such decision of the highway commissioner or, upon appeal
16		of such order, of the county superintendent of highways shall
17		be regarded as a preliminary decision upon the advisability of
18		the proposal in the petition and shall be subject to revocation
19		in the manner hereinafter provided, except that such decision
20		of the county superintendent of highways affirming the denial
21		of the petition shall be regarded as a final decision.
22		(Source: Laws 1963, p. 3216.)
23		Section 10. The Illinois Vehicle Code is amended by
24		changing Section 15-316 as follows:

HB2580 Engrossed - 6 - LRB099 03909 RJF 23925 b
1		(625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)
2		Sec. 15-316. When the Department or local authority may
3		restrict right to use highways.
4		(a) Except as provided in subsection (g), local authorities
5		with respect to highways under their jurisdiction may by
6		ordinance or resolution prohibit the operation of vehicles upon
7		any such highway or impose restrictions as to the weight of
8		vehicles to be operated upon any such highway, for a total
9		period of not to exceed 90 days in any one calendar year,
10		whenever any said highway by reason of deterioration, rain,
11		snow, or other climate conditions will be seriously damaged or
12		destroyed unless the use of vehicles thereon is prohibited or
13		the permissible weights thereof reduced.
14		(b) The local authority enacting any such ordinance or
15		resolution shall erect or cause to be erected and maintained
16		signs designating the provision of the ordinance or resolution
17		at each end of that portion of any highway affected thereby,
18		and the ordinance or resolution shall not be effective unless
19		and until such signs are erected and maintained.
20		(c) Local authorities with respect to highways under their
21		jurisdiction may also, by ordinance or resolution, prohibit the
22		operation of trucks or other commercial vehicles, or may impose
23		limitations as the weight thereof, on designated highways,
24		which prohibitions and limitations shall be designated by
25		appropriate signs placed on such highways.
26		(c-1) (Blank).

HB2580 Engrossed - 7 - LRB099 03909 RJF 23925 b
1		(c-5) Highway commissioners, with respect to roads under
2		their authority, may not permanently post a road or portion
3		thereof at a reduced weight limit unless the decision to do so
4		is made in accordance with Section 6-201.22 of the Illinois
5		Highway Code.
6		(d) The Department shall likewise have authority as
7		hereinbefore granted to local authorities to determine by
8		resolution and to impose restrictions as to the weight of
9		vehicles operated upon any highway under the jurisdiction of
10		said department, and such restrictions shall be effective when
11		signs giving notice thereof are erected upon the highway or
12		portion of any highway affected by such resolution.
13		(d-1) (Blank).
14		(d-2) (Blank).
15		(e) When any vehicle is operated in violation of this
16		Section, the owner or driver of the vehicle shall be deemed
17		guilty of a violation and either the owner or the driver of the
18		vehicle may be prosecuted for the violation. Any person, firm,
19		or corporation convicted of violating this Section shall be
20		fined $50 for any weight exceeding the posted limit up to the
21		axle or gross weight limit allowed a vehicle as provided for in
22		subsections (a) or (b) of Section 15-111 and $75 per every 500
23		pounds or fraction thereof for any weight exceeding that which
24		is provided for in subsections (a) or (b) of Section 15-111.
25		(f) A municipality is authorized to enforce a county weight
26		limit ordinance applying to county highways within its

HB2580 Engrossed - 8 - LRB099 03909 RJF 23925 b
1		corporate limits and is entitled to the proceeds of any fines
2		collected from the enforcement.
3		(g) An ordinance or resolution enacted by a county or
4		township pursuant to subsection (a) of this Section shall not
5		apply to cargo tank vehicles with two or three permanent axles
6		when delivering propane for emergency heating purposes if the
7		cargo tank is loaded at no more than 50 percent capacity, the
8		gross vehicle weight of the vehicle does not exceed 32,000
9		pounds, and the driver of the cargo tank vehicle notifies the
10		appropriate agency or agencies with jurisdiction over the
11		highway before driving the vehicle on the highway pursuant to
12		this subsection. The cargo tank vehicle must have an operating
13		gauge on the cargo tank which indicates the amount of propane
14		as a percent of capacity of the cargo tank. The cargo tank must
15		have the capacity displayed on the cargo tank, or documentation
16		of the capacity of the cargo tank must be available in the
17		vehicle. For the purposes of this subsection, propane weighs
18		4.2 pounds per gallon. This subsection does not apply to
19		municipalities. Nothing in this subsection shall allow cargo
20		tank vehicles to cross bridges with posted weight restrictions
21		if the vehicle exceeds the posted weight limit.
22		(Source: P.A. 96-1337, eff. 1-1-11.)