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