Illinois General Assembly - Full Text of HB3812
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Full Text of HB3812  99th General Assembly

HB3812 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3812

 

Introduced , by Rep. Al Riley

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-605.1

    Amends the Illinois Vehicle Code. Allows a county to use a portion of the money in its Transportation Safety Highway Hire-back Fund to purchase equipment for local police departments within that county and fund the production of materials to educate drivers on construction zone safe driving habits. Effective January 1, 2016.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 11-605.1 as follows:
 
6    (625 ILCS 5/11-605.1)
7    Sec. 11-605.1. Special limit while traveling through a
8highway construction or maintenance speed zone.
9    (a) A person may not operate a motor vehicle in a
10construction or maintenance speed zone at a speed in excess of
11the posted speed limit when workers are present.
12    (a-5) A person may not operate a motor vehicle in a
13construction or maintenance speed zone at a speed in excess of
14the posted speed limit when workers are not present.
15    (b) Nothing in this Chapter prohibits the use of electronic
16speed-detecting devices within 500 feet of signs within a
17construction or maintenance speed zone indicating the zone, as
18defined in this Section, nor shall evidence obtained by use of
19those devices be inadmissible in any prosecution for speeding,
20provided the use of the device shall apply only to the
21enforcement of the speed limit in the construction or
22maintenance speed zone.
23    (c) As used in this Section, a "construction or maintenance

 

 

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1speed zone" is an area in which the Department, Toll Highway
2Authority, or local agency has posted signage advising drivers
3that a construction or maintenance speed zone is being
4approached, or in which the Department, Authority, or local
5agency has posted a lower speed limit with a highway
6construction or maintenance speed zone special speed limit sign
7after determining that the preexisting established speed limit
8through a highway construction or maintenance project is
9greater than is reasonable or safe with respect to the
10conditions expected to exist in the construction or maintenance
11speed zone.
12    If it is determined that the preexisting established speed
13limit is safe with respect to the conditions expected to exist
14in the construction or maintenance speed zone, additional speed
15limit signs which conform to the requirements of this
16subsection (c) shall be posted.
17    Highway construction or maintenance speed zone special
18speed limit signs shall be of a design approved by the
19Department. The signs must give proper due warning that a
20construction or maintenance speed zone is being approached and
21must indicate the maximum speed limit in effect. The signs also
22must state the amount of the minimum fine for a violation.
23    (d) A first violation of this Section is a petty offense
24with a minimum fine of $250. A second or subsequent violation
25of this Section is a petty offense with a minimum fine of $750.
26    (e) If a fine for a violation of this Section is $250 or

 

 

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1greater, the person who violated this Section shall be charged
2an additional $125, which shall be deposited into the
3Transportation Safety Highway Hire-back Fund in the State
4treasury, unless (i) the violation occurred on a highway other
5than an interstate highway and (ii) a county police officer
6wrote the ticket for the violation, in which case the $125
7shall be deposited into that county's Transportation Safety
8Highway Hire-back Fund. In the case of a second or subsequent
9violation of this Section, if the fine is $750 or greater, the
10person who violated this Section shall be charged an additional
11$250, which shall be deposited into the Transportation Safety
12Highway Hire-back Fund in the State treasury, unless (i) the
13violation occurred on a highway other than an interstate
14highway and (ii) a county police officer wrote the ticket for
15the violation, in which case the $250 shall be deposited into
16that county's Transportation Safety Highway Hire-back Fund.
17    (e-5) The Department of State Police and the local county
18police department have concurrent jurisdiction over any
19violation of this Section that occurs on an interstate highway.
20    (f) The Transportation Safety Highway Hire-back Fund,
21which was created by Public Act 92-619, shall continue to be a
22special fund in the State treasury. Subject to appropriation by
23the General Assembly and approval by the Secretary, the
24Secretary of Transportation shall use all moneys in the
25Transportation Safety Highway Hire-back Fund to hire off-duty
26Department of State Police officers to monitor construction or

 

 

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1maintenance zones.
2    (f-5) Each county shall create a Transportation Safety
3Highway Hire-back Fund. The county shall use the all moneys in
4its Transportation Safety Highway Hire-back Fund to hire
5off-duty county police officers to monitor construction or
6maintenance zones in that county on highways other than
7interstate highways. The county, in its discretion, may also
8use a portion of the moneys in its Transportation Safety
9Highway Hire-back Fund to purchase equipment for local police
10departments within that county and fund the production of
11materials to educate drivers on construction zone safe driving
12habits.
13    (g) For a second or subsequent violation of this Section
14within 2 years of the date of the previous violation, the
15Secretary of State shall suspend the driver's license of the
16violator for a period of 90 days. This suspension shall only be
17imposed if the current violation of this Section and at least
18one prior violation of this Section occurred during a period
19when workers were present in the construction or maintenance
20zone.
21(Source: P.A. 97-830, eff. 1-1-13; 98-337, eff. 1-1-14.)
 
22    Section 99. Effective date. This Act takes effect January
231, 2016.