HB4153 Engrossed

LRB096 10115 AJT 22428 b






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    AN ACT concerning highways.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Illinois Highway Code is amended  by adding 
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Section 9-119.5 as follows:
 
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    (605 ILCS 5/9-119.5  new)
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    Sec. 9-119.5. Hay harvesting permit.
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    (a) The Department may issue a hay harvesting permit 
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authorizing the mowing and harvesting of hay on a specified 
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right-of-way in this State. An owner or owner's designee has 
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priority until July 30 of each year to receive a permit for the 
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portion of right-of-way that is adjacent to the owner's land. 
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After July 30 of each year, a permit may be issued to an 
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applicant that is not the owner of the land adjacent to the 
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right-of-way for a maximum distance of 5 miles each year. A 
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permit issued under this subsection may be valid from July 15 
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of each year until September 15 of each year, and the 
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Department must include the timeframe that the permit is valid 
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on every permit issued under this subsection.  Commencement of 
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harvesting activity notice  instructions must be included on 
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every permit under this subsection in accordance with paragraph 
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(1) of subsection (c) of this Section. The non-refundable 
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application fee for every permit under this subsection is $40, 
 


 






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and all fees collected by the Department shall be deposited 
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into the Road Fund.
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    (b) An applicant for a permit in subsection (a) must:
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        (1) sign a release acknowledging that the applicant (i) 
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    assumes all risk for the quality of the hay harvested under 
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    the permit, (ii) assumes all liability for accidents or 
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    injury that results from  the activities permitted by the 
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    Department, (iii) is liable for any damage to the 
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    right-of-way described in paragraphs (5) and (6) of 
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    subsection (c), and (iv) understands that the State or any 
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    instrumentality thereof assumes no risk or liability for 
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    the activities permitted by the Department; 
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        (2) demonstrate proof that a liability insurance 
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    policy in the amount of not less than $1,000,000 is in 
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    force to cover any accident, damage, or loss that may occur 
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    to persons or property as a result of the activities 
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    permitted by the Department; and 
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        (3) pay a non-refundable application fee of $40. 
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    (c) The usage of a permit in subsection (a) is subject to 
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the following limitations:
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        (1) The permittee must give the Department 48 hours 
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    notice prior to commencing any activities permitted by the 
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    Department; 
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        (2) The permittee must identify the location of noxious 
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    weeds pursuant to the Noxious Weed Law. Noxious weeds may 
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    be mowed but may not be windrowed or baled; 
 


 






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        (3) The permittee may use the permit only during the 
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    timeframes specified on the permit; 
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        (4) The permittee must carry a copy of the permit at 
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    all times while performing the activities permitted by the 
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    Department; 
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        (5) The permittee may use the permit only when soil in 
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    the right-of-way is dry enough to prevent rutting or other 
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    similar type of damage to the right-of-way; and
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        (6) The permitee may not alter, damage, or remove any 
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    right-of-way markers, land monuments, fences, signs, 
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    trees, shrubbery or similar landscape vegetation, or other 
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    highway features or structures. 
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    (d) The Department may immediately terminate a permit in 
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subsection (a) issued to a permittee for failure to comply with 
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the use limitations of subsection (c).
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    (e) The Department or the permittee may cancel the permit 
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at any time upon 3 days written notice.
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    (f) The Department may promulgate rules for the 
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administration of this Section.
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.