HB0365 102ND GENERAL ASSEMBLY

LRB102 10016 HEP 15336 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0365

Introduced 1/29/2021, by Rep. Nicholas K. Smith

SYNOPSIS AS INTRODUCED:

605 ILCS 125/20

Amends the Roadside Memorial Act. Provides that on and after July 1, 2021, a DUI memorial marker shall bear the message "Don't Drive Under the Influence" (rather than "Please Don't Drink and Drive"). Effective immediately.

A BILL FOR

AN ACT concerning transportation.

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

Section 5. The Roadside Memorial Act is amended by changing Section 20 as follows:

(605 ILCS 125/20)

Sec. 20. DUI memorial markers.

(a) A DUI memorial marker erected before July 1, 2021 shall consist of a white on blue panel bearing the message "Please Don't Drink and Drive". A DUI memorial marker erected on or after July 1, 2021 shall consist of a white on blue panel bearing the message "Don't Drive Under the Influence". At the request of the qualified relative, a separate panel bearing the words "In Memory of (victim's name)", followed by the date of the crash that was the proximate cause of the loss of the victim's life, shall be mounted below the primary panel. This amendatory Act of the 102nd General Assembly does not require the removal or replacement of any memorial markers erected before July 1, 2021.

(b) A DUI memorial marker may memorialize more than one victim who died as a result of the same DUI-related crash. If one or more additional DUI crash deaths subsequently occur in close proximity to an existing DUI memorial marker, the supporting jurisdiction may use the same marker to memorialize the subsequent death or deaths, by adding the names of the additional persons.

(c) A DUI memorial marker shall be maintained for at least 2 years from the date the last person was memorialized on the marker.

(d) The supporting jurisdiction has the right to install a marker at a location other than the location of the crash or to relocate a marker due to restricted room, property owner complaints, interference with essential traffic control devices, safety concerns, or other restrictions. In such cases, the sponsoring jurisdiction may select an alternate location.

(e) The Department shall secure the consent of any municipality before placing a DUI memorial marker within the corporate limits of the municipality.

(f) A fee in an amount to be determined by the supporting jurisdiction may be paid in whole or in part from the Roadside Memorial Fund if moneys are made available by the Department of Transportation from that Fund or may be charged to the qualified relative to the extent moneys from that Fund are not made available. The fee shall not exceed the costs associated with the fabrication, installation, and maintenance of the DUI memorial marker.

(Source: P.A. 95-398, eff. 1-1-08; 96-667, eff. 8-25-09.)

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