Full Text of HB1900 95th General Assembly
HB1900ham001 95TH GENERAL ASSEMBLY
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Transportation and Motor Vehicles Committee
Filed: 3/13/2007
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09500HB1900ham001 |
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LRB095 09739 DRH 33021 a |
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| AMENDMENT TO HOUSE BILL 1900
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| AMENDMENT NO. ______. Amend House Bill 1900 by replacing | 3 |
| the title with the following: | 4 |
| "AN ACT concerning roadside markers."; and | 5 |
| by replacing everything after the enacting clause with the | 6 |
| following:
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| "Section 1. Short title. This Act may be cited as the | 8 |
| Roadside Memorial Act. | 9 |
| Section 5. Purpose of the Roadside Memorial program. The | 10 |
| Roadside Memorial program is intended to raise public awareness | 11 |
| of impaired driving by emphasizing the dangers while affording | 12 |
| families an opportunity to remember the victims of crashes | 13 |
| involving impaired drivers. | 14 |
| Section 10. Definitions. As used in this Act: |
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| "Department" means the Department of Transportation. | 2 |
| "DUI memorial marker" means a marker on a highway in this | 3 |
| State commemorating one or more persons who died as a proximate | 4 |
| result of a crash caused by a driver under the influence of | 5 |
| alcohol, other drug or drugs, intoxicating compound or | 6 |
| compounds, or any combination thereof. | 7 |
| "Qualified relative" means: an immediate relative of the | 8 |
| deceased, by marriage, blood, or adoption, such as his or her | 9 |
| spouse, son, daughter, mother, father, sister, or brother; a | 10 |
| stepmother, stepfather, stepbrother, or stepsister of the | 11 |
| deceased; or a person with whom the deceased was in a domestic | 12 |
| partnership or civil union as recognized by a State or local | 13 |
| law or ordinance. | 14 |
| "Supporting jurisdiction" means the Department or any | 15 |
| municipality, township, or county that establishes a Roadside | 16 |
| Memorial program within its jurisdictional area. | 17 |
| Section 15. Participation in the Roadside Memorial | 18 |
| program. | 19 |
| (a) A qualified relative of a victim may request a DUI | 20 |
| memorial marker of a supporting jurisdiction in a format | 21 |
| developed by the supporting jurisdiction. The supporting | 22 |
| jurisdiction shall have sole responsibility for determining | 23 |
| whether a request for a DUI memorial marker is rejected or | 24 |
| accepted. | 25 |
| (b) An application for a DUI memorial marker may be |
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| submitted by a qualified relative with regard to any crash that | 2 |
| occurred on or after January 1, 2003. | 3 |
| (c) If there is any opposition to the placement of the a | 4 |
| DUI memorial marker by any qualified relative of any decedent | 5 |
| involved in the crash, the supporting jurisdiction shall deny | 6 |
| the request. | 7 |
| (d) The supporting jurisdiction shall deny the request or, | 8 |
| if a DUI memorial marker has already been installed, may remove | 9 |
| the marker, if the qualified relative has provided false or | 10 |
| misleading information in the application. | 11 |
| (e) The qualified relative shall agree not to place or | 12 |
| encourage the placement of flowers, pictures, or other items at | 13 |
| the crash site. | 14 |
| (f) A DUI memorial marker shall not be erected for a | 15 |
| deceased driver involved in a fatal crash who is shown by | 16 |
| toxicology reports to have been in violation of State DUI law, | 17 |
| unless the next of kin of any other victim or victims killed in | 18 |
| the crash consent in writing to the erection of the memorial | 19 |
| marker. | 20 |
| Section 20. DUI memorial markers. | 21 |
| (a) A DUI memorial marker shall consist of a white on blue | 22 |
| panel bearing the message "Please Don't Drink and Drive". At | 23 |
| the request of the qualified relative, a separate panel bearing | 24 |
| the words "In Memory of (victim's name)", followed by the date | 25 |
| of the crash that was the proximate cause of the loss of the |
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| victim's life, shall be mounted below the primary panel. | 2 |
| (b) A DUI memorial marker may memorialize more than one | 3 |
| victim who died as a result of the same DUI-related crash. If | 4 |
| of one or more additional, unrelated DUI deaths subsequently | 5 |
| occur in close proximity to an existing DUI memorial marker, | 6 |
| the supporting jurisdiction may use the same marker to | 7 |
| memorialize the subsequent death or deaths, by adding the names | 8 |
| of the additional persons. | 9 |
| (c) A DUI memorial marker shall be maintained for at least | 10 |
| 2 years from the date the last person was memorialized on the | 11 |
| marker. | 12 |
| (d) The supporting jurisdiction has the right to install a | 13 |
| marker at a location other than the location of the crash or to | 14 |
| relocate a marker due to restricted room, property owner | 15 |
| complaints, interference with essential traffic control | 16 |
| devices, safety concerns, or other restrictions. In such cases, | 17 |
| the sponsoring jurisdiction may select an alternate location. | 18 |
| (e) The Department shall secure the consent of any | 19 |
| municipality before placing a DUI memorial marker within the | 20 |
| corporate limits of the municipality. | 21 |
| (f) A fee in an amount to be determined by the supporting | 22 |
| jurisdiction may be charged to the qualified relative. The fee | 23 |
| shall not exceed the costs associated with the fabrication, | 24 |
| installation, and maintenance of the DUI memorial marker. | 25 |
| Section 25. Rules. The Department shall adopt rules |
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| regarding implementation of this Act. These rules shall be | 2 |
| consistent with this Act and with federal regulations.
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| Section 99. Effective date. This Act takes effect January | 4 |
| 1, 2008.".
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