Transportation and Motor Vehicles Committee
Filed: 02/24/04
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1 | AMENDMENT TO HOUSE BILL 4012
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2 | AMENDMENT NO. ______. Amend House Bill 4012 on page 4, | ||||||
3 | below line 27, by inserting the following:
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4 | "Section 90. The Illinois Vehicle Code is amended by | ||||||
5 | changing Section 11-605 as follows:
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6 | (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
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7 | Sec. 11-605. Special speed limit while passing schools or | ||||||
8 | while traveling
through highway
construction or maintenance | ||||||
9 | zones.
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10 | (a) For the purpose of this Section, "school" means the | ||||||
11 | following
entities:
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12 | (1) A public or private primary or secondary school.
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13 | (2) A primary or secondary school operated by a | ||||||
14 | religious institution.
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15 | (3) A public, private, or religious nursery school.
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16 | On a school day when school children are present and so | ||||||
17 | close
thereto
that a potential hazard exists because of the | ||||||
18 | close proximity of the motorized
traffic, no person shall drive | ||||||
19 | a motor vehicle at a speed in excess of 20 miles
per hour while | ||||||
20 | passing a school zone or while traveling on a roadway on public
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21 | school property or upon any public
thoroughfare where children | ||||||
22 | pass going
to and from school.
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23 | For the purpose of this Section a school day shall begin at | ||||||
24 | seven ante
meridian and shall conclude at four post meridian.
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1 | This Section shall not be applicable unless appropriate | ||||||
2 | signs are posted
upon streets and highways under their | ||||||
3 | respective jurisdiction and
maintained by the Department, | ||||||
4 | township, county, park district, city,
village or incorporated | ||||||
5 | town wherein the school zone is located. With regard
to the | ||||||
6 | special speed limit while passing schools, such signs
shall | ||||||
7 | give proper due warning that a school zone is being approached | ||||||
8 | and
shall indicate the school zone and the maximum speed limit | ||||||
9 | in effect during
school days when school children are present.
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10 | (b) No person shall operate a motor vehicle in a | ||||||
11 | construction or
maintenance zone at a speed in excess of the | ||||||
12 | posted speed limit when workers
are present and so close to the | ||||||
13 | moving traffic that a potential hazard exists
because of the | ||||||
14 | motorized traffic.
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15 | (c) Nothing in this Chapter shall
prohibit the use of | ||||||
16 | electronic speed-detecting devices within 500 feet of
signs | ||||||
17 | within a special school speed zone or a construction or | ||||||
18 | maintenance
zone indicating such zone, as defined
in this | ||||||
19 | Section, nor shall evidence obtained thereby be inadmissible in | ||||||
20 | any
prosecution for speeding provided the use of such device | ||||||
21 | shall apply only
to the enforcement of the speed limit in such | ||||||
22 | special school speed zone or a
construction or maintenance | ||||||
23 | zone.
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24 | (d) For the purpose of this Section, a construction or | ||||||
25 | maintenance zone is
an area in which the Department, Toll | ||||||
26 | Highway Authority, or local agency has
determined that the | ||||||
27 | preexisting established speed limit through a highway
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28 | construction or maintenance project is greater than is | ||||||
29 | reasonable or safe with
respect to the conditions expected to | ||||||
30 | exist in the construction or maintenance
zone and has posted a | ||||||
31 | lower speed limit with a highway construction or
maintenance | ||||||
32 | zone special speed limit sign.
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33 | Highway construction or maintenance zone special speed | ||||||
34 | limit signs shall be
of a design approved by the Department. |
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1 | The signs shall give proper due
warning that a construction or | ||||||
2 | maintenance zone is being approached and shall
indicate the | ||||||
3 | maximum speed limit in effect. The signs shall also state the
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4 | amount of the minimum fine for a violation when workers are | ||||||
5 | present.
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6 | (d-1) A local agency may delegate to its superintendent of | ||||||
7 | highways the authority to set and post a reduced speed limit | ||||||
8 | for a construction or maintenance zone under subsection (b). If | ||||||
9 | a superintendent of highways sets a reduced speed limit for a | ||||||
10 | construction or maintenance zone in accordance with this | ||||||
11 | subsection (d-1), the local agency must maintain a record that | ||||||
12 | indicates (i) the location of the construction or maintenance | ||||||
13 | zone, (ii) the reduced speed limit set and posted for the | ||||||
14 | construction or maintenance zone, and (iii) the dates during | ||||||
15 | which the reduced speed limit was in effect.
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16 | (e) A first violation of this Section is a petty
offense | ||||||
17 | with a minimum fine
of $150. A second or subsequent violation | ||||||
18 | of this
Section is a petty offense with a minimum fine of $300.
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19 | (f) When a fine for a violation of subsection (a) is $150 | ||||||
20 | or greater,
the person who violates subsection (a) shall be | ||||||
21 | charged an additional
$50 to be paid to the unit school
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22 | district where the
violation
occurred for school safety | ||||||
23 | purposes. If the violation occurred in a dual
school district,
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24 | $25 of the surcharge shall be paid to the elementary school | ||||||
25 | district for school
safety
purposes and $25 of the surcharge | ||||||
26 | shall be paid to the high school district for
school
safety | ||||||
27 | purposes. Notwithstanding any other provision of law, the | ||||||
28 | entire $50
surcharge
shall be paid to the appropriate school | ||||||
29 | district or districts.
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30 | For purposes of this subsection (f), "school safety | ||||||
31 | purposes" includes the
costs
associated with school zone safety | ||||||
32 | education and
the purchase, installation, and maintenance of | ||||||
33 | caution lights
which are
mounted on school speed zone signs.
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34 | (g) When a fine for a violation of subsection (b) is $150 |
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1 | or greater,
the person who violates subsection (b) shall be | ||||||
2 | charged an additional $50.
The $50 surcharge shall be deposited | ||||||
3 | into the Transportation Safety Highway
Hire-back Fund.
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4 | (h) The
Transportation Safety Highway
Hire-back Fund is | ||||||
5 | created as a special fund in the State treasury.
Subject to | ||||||
6 | appropriation by the General Assembly and approval by the
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7 | Secretary, the Secretary of Transportation shall use all moneys | ||||||
8 | in the
Transportation Safety Highway
Hire-back Fund to hire | ||||||
9 | off-duty Department of State Police officers to monitor
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10 | construction or maintenance zones.
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11 | (Source: P.A. 91-531, eff. 1-1-00; 92-242, eff. 1-1-02; 92-619, | ||||||
12 | eff. 1-1-03;
92-780, eff. 8-6-02; revised 8-22-02.)".
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