Full Text of HB1900 95th General Assembly
HB1900enr 95TH GENERAL ASSEMBLY
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HB1900 Enrolled |
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| AN ACT concerning roadside markers, which may be referred | 2 |
| to as Tina's Law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 6 |
| Roadside Memorial Act. | 7 |
| Section 5. Purpose of the Roadside Memorial program. The | 8 |
| Roadside Memorial program is intended to raise public awareness | 9 |
| of impaired driving by emphasizing the dangers while affording | 10 |
| families an opportunity to remember the victims of crashes | 11 |
| involving impaired drivers. | 12 |
| Section 10. Definitions. As used in this Act: | 13 |
| "Department" means the Department of Transportation. | 14 |
| "DUI memorial marker" means a marker on a highway in this | 15 |
| State commemorating one or more persons who died as a proximate | 16 |
| result of a crash caused by a driver under the influence of | 17 |
| alcohol, other drug or drugs, intoxicating compound or | 18 |
| compounds, or any combination thereof. | 19 |
| "Qualified relative" means: an immediate relative of the | 20 |
| deceased, by marriage, blood, or adoption, such as his or her | 21 |
| spouse, son, daughter, mother, father, sister, or brother; a | 22 |
| stepmother, stepfather, stepbrother, or stepsister of the |
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| deceased; or a person with whom the deceased was in a domestic | 2 |
| partnership or civil union as recognized by a State or local | 3 |
| law or ordinance. | 4 |
| "Supporting jurisdiction" means the Department or any | 5 |
| municipality, township, or county that establishes a Roadside | 6 |
| Memorial program within its jurisdictional area. | 7 |
| Section 15. Participation in the Roadside Memorial | 8 |
| program. | 9 |
| (a) A qualified relative of a victim may make a request for | 10 |
| the installation of a memorial marker in a supporting | 11 |
| jurisdiction using an application developed by the supporting | 12 |
| jurisdiction. The supporting jurisdiction shall have sole | 13 |
| responsibility for determining whether a request for a DUI | 14 |
| memorial marker is rejected or accepted. | 15 |
| (b) An application for a DUI memorial marker may be | 16 |
| submitted by a qualified relative with regard to any crash that | 17 |
| occurred on or after January 1, 2003. | 18 |
| (c) If there is any opposition to the placement of a DUI | 19 |
| memorial marker by any qualified relative of any decedent | 20 |
| involved in the crash, the supporting jurisdiction shall deny | 21 |
| the request. | 22 |
| (d) The supporting jurisdiction shall deny the request or, | 23 |
| if a DUI memorial marker has already been installed, may remove | 24 |
| the marker, if the qualified relative has provided false or | 25 |
| misleading information in the application. |
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| (e) The qualified relative shall agree not to place or | 2 |
| encourage the placement of flowers, pictures, or other items at | 3 |
| the crash site. | 4 |
| (f) A DUI memorial marker shall not be erected for a | 5 |
| deceased driver involved in a fatal crash who is shown by | 6 |
| toxicology reports to have been in violation of State DUI law, | 7 |
| unless the next of kin of any other victim or victims killed in | 8 |
| the crash consent in writing to the erection of the memorial | 9 |
| marker. | 10 |
| Section 20. DUI memorial markers. | 11 |
| (a) A DUI memorial marker shall consist of a white on blue | 12 |
| panel bearing the message "Please Don't Drink and Drive". At | 13 |
| the request of the qualified relative, a separate panel bearing | 14 |
| the words "In Memory of (victim's name)", followed by the date | 15 |
| of the crash that was the proximate cause of the loss of the | 16 |
| victim's life, shall be mounted below the primary panel. | 17 |
| (b) A DUI memorial marker may memorialize more than one | 18 |
| victim who died as a result of the same DUI-related crash. If | 19 |
| one or more additional DUI crash deaths subsequently occur in | 20 |
| close proximity to an existing DUI memorial marker, the | 21 |
| supporting jurisdiction may use the same marker to memorialize | 22 |
| the subsequent death or deaths, by adding the names of the | 23 |
| additional persons. | 24 |
| (c) A DUI memorial marker shall be maintained for at least | 25 |
| 2 years from the date the last person was memorialized on the |
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| marker. | 2 |
| (d) The supporting jurisdiction has the right to install a | 3 |
| marker at a location other than the location of the crash or to | 4 |
| relocate a marker due to restricted room, property owner | 5 |
| complaints, interference with essential traffic control | 6 |
| devices, safety concerns, or other restrictions. In such cases, | 7 |
| the sponsoring jurisdiction may select an alternate location. | 8 |
| (e) The Department shall secure the consent of any | 9 |
| municipality before placing a DUI memorial marker within the | 10 |
| corporate limits of the municipality. | 11 |
| (f) A fee in an amount to be determined by the supporting | 12 |
| jurisdiction may be charged to the qualified relative. The fee | 13 |
| shall not exceed the costs associated with the fabrication, | 14 |
| installation, and maintenance of the DUI memorial marker. | 15 |
| Section 25. Rules. The Department shall adopt rules | 16 |
| regarding implementation of this Act. These rules shall be | 17 |
| consistent with this Act and with federal regulations.
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| Section 99. Effective date. This Act takes effect January | 19 |
| 1, 2008.
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