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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1410 Introduced , by Rep. Bill Mitchell SYNOPSIS AS INTRODUCED:
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Amends the Illinois Vehicle Code. Provides that the provisions relating to special speed limits while traveling through a highway construction or maintenance speed zone apply only when workers are present in the construction or maintenance speed zone. Effective January 1, 2012.
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| | A BILL FOR |
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| | HB1410 | | LRB097 05454 HEP 45513 b |
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| 1 | | AN ACT concerning transportation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Vehicle Code is amended by changing |
| 5 | | Section 11-605.1 as follows:
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| 6 | | (625 ILCS 5/11-605.1) |
| 7 | | Sec. 11-605.1. Special limit while traveling through a |
| 8 | | highway construction or maintenance speed zone. |
| 9 | | (a) A person may not operate a motor vehicle in a |
| 10 | | construction or maintenance speed zone at a speed in excess of |
| 11 | | the posted speed limit. |
| 12 | | (b) Nothing in this Chapter prohibits the use of electronic |
| 13 | | speed-detecting devices within 500 feet of signs within a |
| 14 | | construction or maintenance speed zone indicating the zone, as |
| 15 | | defined in this Section, nor shall evidence obtained by use of |
| 16 | | those devices be inadmissible in any prosecution for speeding, |
| 17 | | provided the use of the device shall apply only to the |
| 18 | | enforcement of the speed limit in the construction or |
| 19 | | maintenance speed zone.
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| 20 | | (c) As used in this Section, a "construction or maintenance |
| 21 | | speed zone" is an area in which the Department, Toll Highway |
| 22 | | Authority, or local agency has determined that the preexisting |
| 23 | | established speed limit through a highway construction or |
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| 1 | | maintenance project is greater than is reasonable or safe with |
| 2 | | respect to the conditions expected to exist in the construction |
| 3 | | or maintenance speed zone and has posted a lower speed limit |
| 4 | | with a highway construction or maintenance speed zone special |
| 5 | | speed limit sign. |
| 6 | | Highway construction or maintenance speed zone special |
| 7 | | speed limit signs shall be of a design approved by the |
| 8 | | Department. The signs must give proper due warning that a |
| 9 | | construction or maintenance speed zone is being approached and |
| 10 | | must indicate the maximum speed limit in effect. The signs also |
| 11 | | must state the amount of the minimum fine for a violation.
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| 12 | | (d) A first violation of this Section is a petty offense |
| 13 | | with a minimum fine of $250. A second or subsequent violation |
| 14 | | of this Section is a petty offense with a minimum fine of $750. |
| 15 | | (e) If a fine for a violation of this Section is $250 or |
| 16 | | greater, the person who violated this Section shall be charged |
| 17 | | an additional $125, which shall be deposited into the |
| 18 | | Transportation Safety Highway Hire-back Fund in the State |
| 19 | | treasury, unless (i) the violation occurred on a highway other |
| 20 | | than an interstate highway and (ii) a county police officer |
| 21 | | wrote the ticket for the violation, in which case the $125 |
| 22 | | shall be deposited into that county's Transportation Safety |
| 23 | | Highway Hire-back Fund. In the case of a second or subsequent |
| 24 | | violation of this Section, if the fine is $750 or greater, the |
| 25 | | person who violated this Section shall be charged an additional |
| 26 | | $250, which shall be deposited into the Transportation Safety |
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| 1 | | Highway Hire-back Fund in the State treasury, unless (i) the |
| 2 | | violation occurred on a highway other than an interstate |
| 3 | | highway and (ii) a county police officer wrote the ticket for |
| 4 | | the violation, in which case the $250 shall be deposited into |
| 5 | | that county's Transportation Safety Highway Hire-back Fund.
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| 6 | | (e-5) The Department of State Police and the local county |
| 7 | | police department have concurrent jurisdiction over any |
| 8 | | violation of this Section that occurs on an interstate highway.
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| 9 | | (f) The Transportation Safety Highway Hire-back Fund, |
| 10 | | which was created by Public Act 92-619, shall continue to be a |
| 11 | | special fund in the State treasury. Subject to appropriation by |
| 12 | | the General Assembly and approval by the Secretary, the |
| 13 | | Secretary of Transportation shall use all moneys in the |
| 14 | | Transportation Safety Highway Hire-back Fund to hire off-duty |
| 15 | | Department of State Police officers to monitor construction or |
| 16 | | maintenance zones. |
| 17 | | (f-5) Each county shall create a Transportation Safety |
| 18 | | Highway Hire-back Fund. The county shall use all moneys in its |
| 19 | | Transportation Safety Highway Hire-back Fund to hire off-duty |
| 20 | | county police officers to monitor construction or maintenance |
| 21 | | zones in that county on highways other than interstate |
| 22 | | highways.
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| 23 | | (g) For a second or subsequent violation of this Section |
| 24 | | within 2 years of the date of the previous violation, the |
| 25 | | Secretary of State shall suspend the driver's license of the |
| 26 | | violator for a period of 90 days.
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