Full Text of HB1410 97th General Assembly
HB1410 97TH GENERAL ASSEMBLY |
| | 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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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 11-605.1 as follows: | 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.
| 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.
| 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.
| 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.
| 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.
| 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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| 1 | | (h) This Section applies only when workers are present in | 2 | | the construction or maintenance speed zone. | 3 | | (Source: P.A. 93-955, eff. 8-19-04; 94-814, eff. 1-1-07.)
| 4 | | Section 99. Effective date. This Act takes effect January | 5 | | 1, 2012.
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