HB1138 97TH GENERAL ASSEMBLY

LRB097 05470 HEP 45529 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1138

Introduced 02/07/11, by Rep. Karen May

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-605

from Ch. 95 1/2, par. 11-605

Amends the Illinois Vehicle Code. Provides that before new school zone speed limit signs may be erected, the principal of any schools within 2,000 feet of the proposed location of the new signs and the chief of the local law enforcement agency must be notified. Provides that if either a principal or police chief requests that the school zone boundaries be revised, the body having jurisdiction over the roadway shall host a public hearing on the proposed boundaries at the relevant school at a time convenient for school parents to attend. Provides that such hearings shall be conducted no earlier than 10 days and no later than 30 days following the receipt of the request for revised school zone boundaries and that there shall be at least 10 days notice of the hearing. Provides that in lieu of a hearing, the boundaries may be revised in accordance with the request. 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 Illinois Vehicle Code is amended by changing Section 11-605 as follows:

(625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)

Sec. 11-605. Special speed limit while passing schools.

(a) For the purpose of this Section, "school" means the following entities:

(1) A public or private primary or secondary school.

(2) A primary or secondary school operated by a religious institution.

(3) A public, private, or religious nursery school.

On a school day when school children are present and so close thereto that a potential hazard exists because of the close proximity of the motorized traffic, no person shall drive a motor vehicle at a speed in excess of 20 miles per hour while passing a school zone or while traveling on a roadway on public school property or upon any public thoroughfare where children pass going to and from school.

For the purpose of this Section a school day shall begin at seven ante meridian and shall conclude at four post meridian.

This Section shall not be applicable unless appropriate signs are posted upon streets and highways under their respective jurisdiction and maintained by the Department, township, county, park district, city, village or incorporated town wherein the school zone is located. With regard to the special speed limit while passing schools, such signs shall give proper due warning that a school zone is being approached and shall indicate the school zone and the maximum speed limit in effect during school days when school children are present.

(a-5) Before erecting any new signs regulating speed pursuant to this Section or a similar local ordinance, the body having jurisdiction over a roadway shall notify the principal of any schools within 2,000 feet of the proposed location of the new signs and the chief of the local law enforcement agency. If a principal or police chief, having been notified of the proposed new signs, provides the jurisdiction with a request to revise the boundaries of the school zone, the jurisdiction shall host a public hearing on the proposed boundaries. The hearing shall be held at the relevant school at a time convenient for school parents to attend, no earlier than 10 days and no later than 30 days following the receipt of the request for revised school zone boundaries. Notice of the hearing shall be posted at the school for a period of at least 10 days. Nothing in this Section shall prohibit the jurisdiction from revising the boundaries in accordance with the request in lieu of a public hearing. Nothing in this Section shall prohibit forms of public notice in addition to those required by this Section.

(b) (Blank).

(c) Nothing in this Chapter shall prohibit the use of electronic speed-detecting devices within 500 feet of signs within a special school speed zone indicating such zone, as defined in this Section, nor shall evidence obtained thereby be inadmissible in any prosecution for speeding provided the use of such device shall apply only to the enforcement of the speed limit in such special school speed zone.

(d) (Blank).

(e) A first violation of this Section is a petty offense with a minimum fine of $150. A second or subsequent violation of this Section is a petty offense with a minimum fine of $300.

(f) When a fine for a violation of subsection (a) is $150 or greater, the person who violates subsection (a) shall be charged an additional $50 to be paid to the unit school district where the violation occurred for school safety purposes. If the violation occurred in a dual school district, $25 of the surcharge shall be paid to the elementary school district for school safety purposes and $25 of the surcharge shall be paid to the high school district for school safety purposes. Notwithstanding any other provision of law, the entire $50 surcharge shall be paid to the appropriate school district or districts.

For purposes of this subsection (f), "school safety purposes" includes the costs associated with school zone safety education, the Safe Routes to School Program under Section 2705-317 of the Department of Transportation Law of the Civil Administrative Code of Illinois, safety programs within the School Safety and Educational Improvement Block Grant Program under Section 2-3.51.5 of the School Code, and the purchase, installation, and maintenance of caution lights which are mounted on school speed zone signs.

(g) (Blank).

(h) (Blank).

(Source: P.A. 96-52, eff. 7-23-09.)

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