093_HB1320

 
                                     LRB093 09682 DRH 09921 b

 1        AN ACT in relation to highways.

 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
 5    adding Section 9-112.6 as follows:

 6        (605 ILCS 5/9-112.6 new)
 7        Sec.  9-112.6.  Memorials  to  persons  killed in traffic
 8    accidents.
 9        (a)  As a means of promoting safety upon the highways  of
10    this  State,  the  Department of Transportation shall, at the
11    request of relatives or friends  of  a  person  killed  in  a
12    traffic  accident  upon  a  highway of the State and with the
13    consent of the  next  of  kin  of  the  deceased,  erect  and
14    maintain  a  traffic  accident  memorial  in  memory  of  the
15    decedent.  The  traffic  accident  memorial  shall serve as a
16    reminder that a fatality occurred on that stretch of  highway
17    and so that public safety will be enhanced.
18        (b)  A  memorial  erected  under  this  Section must be a
19    golden star and must be erected adjacent to  the  portion  of
20    the  highway  where the accident occurred.  Only one star may
21    be placed for each fatal accident. Stars  are  not  permitted
22    within the boundaries of any municipality.
23        (c)  The  maximum  tip-to-tip dimension of the star shall
24    be 12 inches. The star  must  be  constructed  of  high-grade
25    plywood,  plastic,  aluminum, or steel. The Star must be gold
26    in color, must have 5 points, and must have a  standard  star
27    shape.  The  top  point  of the star must point in a vertical
28    direction. The star must be attached to an upright post by  2
29    bolts.  No  other signs or items may be attached to the post.
30    The star may not be reflectorized.
31        (d)  Each post must be a U-shaped steel section,  similar
 
                            -2-      LRB093 09682 DRH 09921 b
 1    to  a  highway  delineator post, and must weigh approximately
 2    1.12 pounds per linear foot. The Department of Transportation
 3    must comply with the Illinois Underground Utility  Facilities
 4    Damage  Prevention  Act  before installing the post. No items
 5    may be hung from the star, and no inscription may  be  placed
 6    on the star.
 7        (e)  The county superintendent of highways, or his or her
 8    designee,  must  approve  the  star  location, minimizing any
 9    adverse effect on highway maintenance operations.  Stars must
10    be placed as far as practical from highway traffic, but  must
11    be  placed not less than 20 feet from the shoulder or edge of
12    the highway  where highway right-of-way width permits.  Stars
13    shall be mounted approximately 4 feet above the ground.
14        (f)  Department of Transportation personnel participating
15    in  the  maintenance  of the star must park their vehicles as
16    far as practical from the traffic lanes and in an area  where
17    sight  distance  on the highway is good in both directions. A
18    high degree  of  safety  for  the  motoring  public  and  the
19    participants  must be maintained.
20        (g)  Stars  not  maintained  in  good  condition shall be
21    removed by the county highway superintendent or  his  or  her
22    designee. No planting or landscaping work is permitted at the
23    star location.