Bill Text: IL SB3471 | 2013-2014 | 98th General Assembly | Amended

---

Bill Title: Amends the Illinois Highway Code and the Illinois Vehicle Code. Provides that highway commissioners may not permanently close, vacate, or reduce the weight limit on any road or portion thereof without the written approval of the county superintendent of highways and the elected board associated with that road district. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3471 Detail]

Download: Illinois-2013-SB3471-Amended.html

---

Sen. Darin M. LaHood

Filed: 3/20/2014

09800SB3471sam001 LRB098 19819 MLW 57039 a
AMENDMENT TO SENATE BILL 3471
AMENDMENT NO. ______. Amend Senate Bill 3471 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Highway Code is amended by
changing Sections 6-301, 6-303, 6-305, 6-307, 6-308, 6-309,
6-311, 6-312, 6-313, 6-314, 6-315a, 6-319, and 6-327 as
follows:
(605 ILCS 5/6-301) (from Ch. 121, par. 6-301)
Sec. 6-301. All township and district roads established
under this Division of this Code shall be not less than 40 feet
in width, except as provided in Section 6-327.
Highway commissioners in single township road districts
may annually determine that certain roads in the district are
vital to the general benefit of the district and designate them
all or in part as arterial district roads. The designation must
be approved by the county superintendent of highways, after

09800SB3471sam001 - 2 - LRB098 19819 MLW 57039 a
notice and hearing, prior to the commissioners' recording the
roads with the county superintendent of highways. No road or
portion thereof designated as arterial shall be closed, or
vacated, or permanently posted at a reduced weight limit
without written approval of the county despite the road's
inclusion in any annexation or incorporation proceedings
provided for in the Illinois Municipal Code. This paragraph
does not apply to roads in home rule units of government nor
the roads included in our annexation proceeding by home rule
units of governments.
This Division of this Code shall not apply to proceedings
for laying out, widening, altering or vacating streets in
municipalities, except as provided in this Section.
(Source: P.A. 86-1229.)
(605 ILCS 5/6-303) (from Ch. 121, par. 6-303)
Sec. 6-303. Existing township and district roads may be
widened, altered, or vacated, or permanently posted at a
reduced weight limit and new township and district roads may be
laid out in the manner provided in this Division of this Code.
Any number of voters not less than 5% of the legal voters, or
12 legal voters, whichever is less, residing in any road
district may file a petition with the highway commissioner of
such district, praying for the laying out, widening, altering
or vacation of such roads. Notwithstanding the preceding
sentence, in counties with a population between 125,000 and

09800SB3471sam001 - 3 - LRB098 19819 MLW 57039 a
130,000, a petition for laying out, widening, altering, or
vacating roads in a subdivision established under a county
subdivision ordinance, where the final plat of the subdivision
was approved by the county board, shall be filed with the
county board unless the plat was filed with the county recorder
at least 15 years before the petition is filed.
However, where the laying out, widening, altering, or
vacating, or permanent posting at a reduced weight limit of a
township or district road is required by the construction,
operation, or maintenance of a State highway, the Department,
in lieu of a petition may file a certificate, signed by the
Secretary of the Department, or his duly authorized agent,
setting forth the necessity for the laying out, widening,
altering, or vacating, or permanent posting at a reduced weight
limit of such roads. The procedure upon the filing of such
certificate shall be the same as, and conform to, the procedure
followed upon the filing of a petition. Such petition or
certificate shall set forth a description of the road and what
part is to be widened, altered, or vacated, or permanently
posted at a reduced weight limit, and if for a new road the
names of the owners of lands, if known, and if not known it
shall so state, over which the road is to pass, the points at
or near which it is to terminate. When the general course of
relocated roads shall render the same practicable, such
relocated roads shall be laid out on section lines, or regular
divisional lines subdividing a section or sections.

09800SB3471sam001 - 4 - LRB098 19819 MLW 57039 a
The highway commissioner, in lieu of a petition, may file a
certificate with district clerk and county clerk to vacate or
permanently post at a reduced weight limit roads. The procedure
upon filing of such certificate shall be the same as, and
conform to, the procedure followed upon the filing of a
petition.
(Source: P.A. 87-1121.)
(605 ILCS 5/6-305) (from Ch. 121, par. 6-305)
Sec. 6-305. Whenever the highway commissioner receives a
certificate from the Department as provided in Section 6-303 of
this Act, or a petition praying for the laying out, widening,
altering, or vacation, or permanent posting at a reduced weight
limit of a township or district road, he shall fix a time when
and a place where he will examine the route of such township or
district road and hear reasons for or against the laying out,
widening, altering, or vacating, or permanent posting at a
reduced weight limit. He shall give at least 10 days' written
notice of the time and place of such examination and hearing to
the county superintendent of highways and to any municipality
which is affected by such action occurring within its planning
area, and by publication in at least one newspaper published in
the township or district or, in the absence of such published
newspaper, in at least one newspaper of general circulation in
the township or district or, in the absence of such generally
circulated newspaper, by posting notices in 5 of the most

09800SB3471sam001 - 5 - LRB098 19819 MLW 57039 a
public places in the district in the vicinity of the road to be
laid out, widened, altered, or vacated, or permanently posted
at a reduced weight limit. The commissioner may, by written
notice to the county superintendent of highways and any
affected municipality, and by public announcement and by the
posting of a notice at the time and place named for the first
hearing, adjourn such hearing from time to time, but not for a
longer period than 10 days. At such meeting, or such adjourned
meeting the commissioner shall decide and publicly announce
whether he will grant or refuse the prayer of the petition, and
shall endorse upon or annex to the petition a brief memorandum
of such decision. The memorandum shall be signed by the
commissioner and filed within 5 days thereafter in the office
of the district clerk. The commissioner shall also send a copy
of the memorandum to the county superintendent of highways and
any affected municipality, and, in cases where action is
initiated as the result of a Department certificate, a copy of
the memorandum to the Department.
No road shall be laid out, widened, altered, or vacated, or
permanently posted at a reduced weight limit unless the highway
commissioner finds that such alteration, or vacation, or
permanent posting at a reduced weight limit is in the public
and economic interest and further finds that any person
residing or owning land within 2 miles of any portion of the
road proposed to be altered, or vacated, or permanently posted
at a reduced weight limit shall still have reasonable access

09800SB3471sam001 - 6 - LRB098 19819 MLW 57039 a
(but not necessarily a direct route) by way of a motor vehicle
or other portable farm machinery commonly used in the area to
farm land he owns or operates and to community and trade
centers after the road is altered or vacated. Such findings
shall be contained in the memorandum of decision signed by the
highway commissioner.
A final hearing may be held at the time of the preliminary
or adjourned meeting if all damages have been released, all
surveys and plats are made and there are no objectors. If there
are objectors, the final hearing shall be held as provided for
in Section 6-311.
(Source: P.A. 85-1421.)
(605 ILCS 5/6-307) (from Ch. 121, par. 6-307)
Sec. 6-307. If the highway commissioner, or upon appeal
from his decision, the county superintendent of highways, shall
enter a preliminary order for the laying out, widening,
alteration, or vacation, or permanent posting at a reduced
weight limit of a township or district road, the highway
commissioner or county superintendent of highways, as the case
may be, shall cause a survey and plat of such township or
district road to be made by a competent surveyor who shall
report such survey and plat to the highway commissioner or
county superintendent, as the case may be, giving the courses
and distances and specifying the land over which such road is
to pass; in which he may make such changes between the termini

09800SB3471sam001 - 7 - LRB098 19819 MLW 57039 a
of the road described in the petition, as the convenience and
interest of the public in his judgment may require. Upon the
petition of 12 land owners residing in the district where the
road is situated, it shall be the duty of the highway
commissioner or county superintendent, as the case may be,
within a reasonable time to employ a competent surveyor and
have any road designated in such petition to be once
resurveyed.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/6-308) (from Ch. 121, par. 6-308)
Sec. 6-308. Whenever the highway commissioner of any road
district or upon appeal from his decision, the county
superintendent of highways has entered a preliminary order for
the laying out, widening, alteration, or vacation, or permanent
posting at a reduced weight limit of a township or district
road, and a survey therefor has been completed as hereinbefore
provided, proceedings shall next be taken to fix the damages
which will be sustained by the adjoining land owners by reason
of such laying out, widening, altering, or vacation, or
permanent posting at a reduced weight limit. In case such
preliminary order was entered by the highway commissioner, he
shall act for the district in all matters relating to the
fixing of damages, as well as the surveying of such road. But
in case such order was entered by the county superintendent of
highways on appeal, as aforesaid, the county superintendent

09800SB3471sam001 - 8 - LRB098 19819 MLW 57039 a
shall represent the district in such matters.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/6-309) (from Ch. 121, par. 6-309)
Sec. 6-309. The damages sustained by the owner or owners of
land by reason of the laying out, widening, alteration, or
vacation, or permanent posting at a reduced weight limit of a
township or district road, may be agreed upon by the owners of
such lands, if competent to contract, and the highway
commissioner or county superintendent, as the case may be. Such
damages may also be released by such owners, and in such case
the agreement or release shall be in writing, the same shall be
filed and recorded with the copy of the order laying out,
widening, altering, or vacating, or permanently posting at a
reduced weight limit such road in the office of the district
clerk, and shall be a perpetual bar against such owners, their
grantees and assigns for all further claims for such damages.
In case the highway commissioner or the county
superintendent, as the case may be, acting for the road
district, is unable to agree with the owner or owners of the
land necessary for the laying out, widening or alteration of
such road on the compensation to be paid, the highway
commissioner, or the county superintendent of highways, as the
case may be, may in the name of the road district, enter
condemnation proceedings to procure such land, in the same
manner as near as may be, as provided for the exercise of the

09800SB3471sam001 - 9 - LRB098 19819 MLW 57039 a
right of eminent domain under the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(605 ILCS 5/6-311) (from Ch. 121, par. 6-311)
Sec. 6-311. Within 20 days after the damages likely to be
sustained by reason of the proposed laying out, widening,
alteration, or vacation, or permanent posting at a reduced
weight limit of any township or district road have been finally
ascertained, either by agreement of the parties or by
condemnation proceedings, or within 20 days after such damages
may have been released, the highway commissioner or the county
superintendent of highways, as the case may be, shall hold a
public hearing at which he shall hear and consider reasons for
or against the proposed laying out, widening, alteration, or
vacation, or permanent posting at a reduced weight limit of
such road, and at which time and place he shall publicly
announce his final decision relative thereto. The highway
commissioner or the county superintendent of highways, as the
case may be, shall give public notice of such public hearing by
publication in at least one newspaper published in the township
or district or, in the absence of such published newspaper, in
at least one newspaper of general circulation in the township
or district or, in the absence of such generally circulated
newspaper at the time prescribed for notice, by posting notices
thereof in at least 5 of the most public places in the district
in the vicinity of the road for at least 5 days prior thereto.

09800SB3471sam001 - 10 - LRB098 19819 MLW 57039 a
A written notice shall be mailed or delivered to all owners of
the property adjacent to the road which is the subject of the
hearing. A written notice may be mailed or delivered to every
person known to have been present at the hearings conducted
pursuant to Sections 6-305 and 6-306 of this Act and to every
other person who has requested such notice.
At such time and place the highway commissioner, if he is
the official conducting the hearing, shall determine the
advisability of such proposed laying out, widening,
alteration, or vacation, or permanent posting at a reduced
weight limit of such road, shall make an order for the same and
shall within 5 days thereafter file such order in the office of
the district clerk.
At such time and place the county superintendent of
highways, if he is the official conducting the hearing, shall:
(a) Be empowered to administer oaths;
(b) Permit the appearance in person or by counsel, the
introduction of evidence and the cross examination of witnesses
by not less than 3 of the qualified petitioners, not less than
3 other legal voters residing within 2 miles of any portion of
such road, and not less than 3 other persons owning land
operated as a farm and wholly or partially situated within 2
miles of any portion of such road, except that no such
permission shall extend to a person other than a petitioner
unless it appears that he will be directly and adversely
affected by the change requested in the petition;

09800SB3471sam001 - 11 - LRB098 19819 MLW 57039 a
(c) Provide that every person offering testimony shall
testify under oath or affirmation and shall be subject to cross
examination, except that the technical rules of evidence
governing proceedings in circuit courts are inapplicable in
such hearing;
(d) Secure and retain a stenographic transcript of the
proceedings, including all evidence offered or introduced at
the hearing; and
(e) Determine the advisability of such proposed laying out,
widening, alteration, or vacation, or permanent posting at a
reduced weight limit of such road, shall make an order for the
same and shall within 5 days thereafter file such final order
in the office of the district clerk.
Every order entered and filed pursuant to this Section in
approval of the change requested in the petition shall contain
an express finding that such alteration, or vacation, or
permanent posting at a reduced weight limit of the township or
district road will be in the public and economic interest and
will not deprive residents or owners of proximate land of
reasonable access elsewhere as specified in Section 6-305 of
this Act.
(Source: P.A. 83-1362.)
(605 ILCS 5/6-312) (from Ch. 121, par. 6-312)
Sec. 6-312. In case such final order was entered by the
highway commissioner as provided in Section 6-311 of this Code

09800SB3471sam001 - 12 - LRB098 19819 MLW 57039 a
finally determining the advisability of such proposed laying
out, widening, alteration, or vacation, or permanent posting at
a reduced weight limit of any township or district road, any 3
qualified petitioners who may have signed the petition for such
proposed laying out, widening, alteration, or vacation, or
permanent posting at a reduced weight limit, or any 3 legal
voters residing within 2 miles of any portion of such road, or
any 3 other persons owning land operated as a farm within 2
miles of any portion of such road, may (if either they are
qualified petitioners or they both have raised objections at
the hearing pursuant to Section 6-311 of this Act and will be
directly and adversely affected by such proposed laying out,
widening, alteration or vacation) appeal to the county
superintendent of highways by filing a notice of such appeal in
the office of the district clerk within 10 days of the date of
filing the decision appealed from. Thereupon such clerk shall
at once transmit all papers relating to such proposed laying
out, widening, altering, or vacation, or permanent posting at a
reduced weight limit of such road to the county superintendent
of highways, who shall within 20 days after the receipt of the
same, hold a public hearing within such district to finally
determine upon the laying out, widening, altering, or vacation,
or permanent posting at a reduced weight limit of such road.
Such hearing shall be upon such notice and conducted in like
manner as the hearing before the highway commissioner relative
to such final decision and from which appeal has been taken,

09800SB3471sam001 - 13 - LRB098 19819 MLW 57039 a
except that the powers and duties of the county superintendent
of highways in conducting such hearing and in determining and
filing his final order shall be identical to the powers and
duties of such superintendent prescribed by Section 6-311 of
this Act. Judicial review may be pursued after such final order
of the county superintendent of highways relative to the
alteration or vacation of such roads in the manner provided in
Section 6-315a of this Division.
(Source: Laws 1963, p. 3216.)
(605 ILCS 5/6-313) (from Ch. 121, par. 6-313)
Sec. 6-313. In case the highway commissioner, or upon
appeal from his decision, the county superintendent of
highways, shall finally determine against the advisability of
the proposed laying out, widening, alteration, or vacation, or
permanent posting at a reduced weight limit of such township or
district road, such order shall have the effect to annul and
revoke all proceedings and assessments, releases and
agreements in respect to damages growing out of the proceedings
upon the petition aforesaid. In case the commissioner or county
superintendent affirms such prior proceedings, he shall make an
order to be signed by him, declaring such road to be laid out,
widened, altered, or vacated, or permanently posted at a
reduced weight limit as a public highway and which order shall
contain or have annexed thereto a definite description of the
line of such road, together with the plat thereof. The highway

09800SB3471sam001 - 14 - LRB098 19819 MLW 57039 a
commissioner or county superintendent, as the case may be,
shall within 5 days from the date of his final order, cause the
same, together with the report of the surveyor, the petition
and the releases, agreements or assessments in respect to
damages, to be deposited and filed in the office of the
district clerk; who shall note upon such order the date of such
filing. It shall be the duty of such clerk to record such
order, together with the plat of the surveyor in a proper book
to be kept for that purpose.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/6-314) (from Ch. 121, par. 6-314)
Sec. 6-314. After it has been finally determined that a
township or district road shall be laid out, widened, altered,
or vacated, or permanently posted at a reduced weight limit,
either by the highway commissioner, or upon appeal, by the
county superintendent of highways, all proceedings subsequent
thereto on behalf of the district shall be taken by the highway
commissioner thereof as provided in this division of this Code.
And such highway commissioner in such cases is hereby
authorized to resort to all necessary proceedings not
inconsistent with the provisions of this Code to secure the
laying out, widening, alteration, or vacation, or permanent
posting at a reduced weight limit of any such road.
(Source: Laws 1959, p. 196.)

09800SB3471sam001 - 15 - LRB098 19819 MLW 57039 a
(605 ILCS 5/6-315a) (from Ch. 121, par. 6-315a)
Sec. 6-315a. Any 3 persons who, at a hearing conducted by
the county superintendent of highways pursuant to Section
6-306, 6-311 or 6-312 of this Act, have been permitted to
appear, in person or by counsel, and to introduce evidence and
cross examine witnesses, may (if they are qualified
petitioners, or have raised objections at a hearing pursuant to
Section 6-311 or 6-312 of this Act and will be directly and
adversely affected by such proposed alteration, or vacation, or
permanent posting at a reduced weight limit) obtain judicial
review of such final administrative decision of the
superintendent (meaning his final order denying the petition
after a hearing pursuant to Section 6-306, or granting or
denying the petition after a hearing pursuant to Section 6-311
or 6-312, to be filed in the office of the district clerk after
the hearing) pursuant to the Administrative Review Law, and all
amendments and modifications thereof, and any rules adopted
pursuant thereto. The term "administrative decision" is
defined as in Section 3-101 of the Code of Civil Procedure.
Such judicial review proceeding shall be given precedence over
all other civil cases, except cases arising under the Workers'
Compensation Act and the Unemployment Insurance Act.
(Source: P.A. 91-357, eff. 7-29-99.)
(605 ILCS 5/6-319) (from Ch. 121, par. 6-319)
Sec. 6-319.

09800SB3471sam001 - 16 - LRB098 19819 MLW 57039 a
Township and district roads may be laid out, widened,
altered or vacated on county or district lines, or from one
district to another, and in case a railroad right-of-way or
stream of water joins the boundary line of such county or
district line, then along the line of such railroad
right-of-way or stream of water, in the same manner as other
township and district roads, except that in such cases, a copy
of the petition shall be posted in and presented to the highway
commissioners of each district interested; such petition to be
as in other cases, and signed by not less than 5% of the legal
voters, or 12 legal voters, whichever is less, residing in the
district or county. Whereupon the highway commissioners of the
several districts shall meet and act together, in the same time
and manner as in other cases, in considering the petition,
viewing the premises, adjusting damages, and making all orders
in reference to such proposed road, widening, alteration or
vacation, and a copy of all final orders and plats and papers
shall be filed and recorded in each of the counties and
districts interested. In case the commissioners are unable to
agree, the county superintendent of highways shall act as
arbitrator between them in case the districts shall lie within
the same county, and if in different counties the Department or
any person designated by it, shall so act. All appeals
hereinbefore provided for in this Division of this Code may
likewise be taken to the county superintendent of highways, or
in case the districts shall lie in 2 or more counties, to the

09800SB3471sam001 - 17 - LRB098 19819 MLW 57039 a
Department.
In lieu of petitions, the highway commissioners of all road
districts interested may file a certificate to vacate or
permanently post at a reduced weight limit roads with the
respective county clerks and with the respective township or
district clerks, as the case may be. The procedure upon the
filing of such certificates shall be the same as, and conform
to, the procedure followed upon the filing of a petition.
(Source: P.A. 78-543.)
(605 ILCS 5/6-327) (from Ch. 121, par. 6-327)
Sec. 6-327. Township and district roads for private and
public use of the widths of 50 feet or less may be laid out from
one or more dwellings or plantations to any public road, or
from one public road to another, or from one or more lots of
land to a public road or from one or more lots of land to a
public waterway, on petition to the highway commissioner by any
person directly interested. Upon receiving such petition,
proceedings shall be had respecting the laying out of such road
as in the case of other township and district roads. In case
the highway commissioner or upon appeal, the county
superintendent of highways, shall enter a preliminary order for
the laying out of such road, such highway officer or officers
making such preliminary order shall, if possible, and the
parties are competent to contract, agree upon the total amount
of damages, together with the portion thereof to be paid by the

09800SB3471sam001 - 18 - LRB098 19819 MLW 57039 a
district, if any, as well as by each of the land owners
benefited by such road. In case such damages cannot be
determined or apportioned by agreement, the same shall be fixed
as in the case of other township and district roads. The amount
of such damages shall be paid by the person benefited thereby,
to the extent and in proportion that they are benefited as
determined and declared by the court. The remainder of the
amount of damages, over and above that to be paid by the
parties aforesaid, if any, shall be paid by the district as in
other cases. The amount of damages to be paid by individuals
shall be paid to the parties entitled thereto, before the road
shall be opened for use. In all other respects the provisions
of this Division of this Code relative to the opening,
widening, alteration, or vacation, or permanent posting at a
reduced weight limit of other township and district roads shall
be applicable also to the laying out, widening, alteration, or
vacation, or permanent posting at a reduced weight limit of
roads for private and public use: Provided that the cost of the
construction of the roadway, bridges and culverts and the
maintenance thereof shall be borne by the parties paying for
such road.
(Source: Laws 1963, p. 2045.)
Section 10. The Illinois Vehicle Code is amended by
changing Section 15-316 as follows:

09800SB3471sam001 - 19 - LRB098 19819 MLW 57039 a
(625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)
Sec. 15-316. When the Department or local authority may
restrict right to use highways.
(a) Except as provided in subsection (g), local authorities
with respect to highways under their jurisdiction may by
ordinance or resolution prohibit the operation of vehicles upon
any such highway or impose restrictions as to the weight of
vehicles to be operated upon any such highway, for a total
period of not to exceed 90 days in any one calendar year,
whenever any said highway by reason of deterioration, rain,
snow, or other climate conditions will be seriously damaged or
destroyed unless the use of vehicles thereon is prohibited or
the permissible weights thereof reduced.
(b) The local authority enacting any such ordinance or
resolution shall erect or cause to be erected and maintained
signs designating the provision of the ordinance or resolution
at each end of that portion of any highway affected thereby,
and the ordinance or resolution shall not be effective unless
and until such signs are erected and maintained.
(c) Local authorities, with the exception of road districts
as provided for in the Illinois Highway Code, with respect to
highways under their jurisdiction may also, by ordinance or
resolution, prohibit the operation of trucks or other
commercial vehicles, or may impose limitations as the weight
thereof, on designated highways, which prohibitions and
limitations shall be designated by appropriate signs placed on

09800SB3471sam001 - 20 - LRB098 19819 MLW 57039 a
such highways.
(c-1) (Blank).
(c-5) Highway commissioners, with respect to roads under
their jurisdiction, shall not permanently post a road or
portion thereof at a reduced weight limit except in accordance
with Division 3 of Article 6 of the Illinois Highway Code.
(d) The Department shall likewise have authority as
hereinbefore granted to local authorities to determine by
resolution and to impose restrictions as to the weight of
vehicles operated upon any highway under the jurisdiction of
said department, and such restrictions shall be effective when
signs giving notice thereof are erected upon the highway or
portion of any highway affected by such resolution.
(d-1) (Blank).
(d-2) (Blank).
(e) When any vehicle is operated in violation of this
Section, the owner or driver of the vehicle shall be deemed
guilty of a violation and either the owner or the driver of the
vehicle may be prosecuted for the violation. Any person, firm,
or corporation convicted of violating this Section shall be
fined $50 for any weight exceeding the posted limit up to the
axle or gross weight limit allowed a vehicle as provided for in
subsections (a) or (b) of Section 15-111 and $75 per every 500
pounds or fraction thereof for any weight exceeding that which
is provided for in subsections (a) or (b) of Section 15-111.
(f) A municipality is authorized to enforce a county weight

09800SB3471sam001 - 21 - LRB098 19819 MLW 57039 a
limit ordinance applying to county highways within its
corporate limits and is entitled to the proceeds of any fines
collected from the enforcement.
(g) An ordinance or resolution enacted by a county or
township pursuant to subsection (a) of this Section shall not
apply to cargo tank vehicles with two or three permanent axles
when delivering propane for emergency heating purposes if the
cargo tank is loaded at no more than 50 percent capacity, the
gross vehicle weight of the vehicle does not exceed 32,000
pounds, and the driver of the cargo tank vehicle notifies the
appropriate agency or agencies with jurisdiction over the
highway before driving the vehicle on the highway pursuant to
this subsection. The cargo tank vehicle must have an operating
gauge on the cargo tank which indicates the amount of propane
as a percent of capacity of the cargo tank. The cargo tank must
have the capacity displayed on the cargo tank, or documentation
of the capacity of the cargo tank must be available in the
vehicle. For the purposes of this subsection, propane weighs
4.2 pounds per gallon. This subsection does not apply to
municipalities. Nothing in this subsection shall allow cargo
tank vehicles to cross bridges with posted weight restrictions
if the vehicle exceeds the posted weight limit.
(Source: P.A. 96-1337, eff. 1-1-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.".