State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]


92_HB3652eng

 
HB3652 Engrossed                               LRB9210141DHcs

 1        AN ACT in relation to vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The State Finance Act is  amended  by  adding
 5    Section 5.570 as follows:

 6        (30 ILCS 105/5.570 new)
 7        Sec.  5.570.  The Transportation Safety Highway Hire-back
 8    Fund.

 9        Section 10.  The Illinois  Vehicle  Code  is  amended  by
10    changing Section 11-605 as follows:

11        (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
12        Sec. 11-605. Special speed limit while passing schools or
13    while  traveling  through highway construction or maintenance
14    zones.
15        (a)  For the purpose of this Section, "school" means  the
16    following entities:
17             (1)  A   public  or  private  primary  or  secondary
18        school.
19             (2)  A primary or secondary  school  operated  by  a
20        religious institution.
21             (3)  A public, private, or religious nursery school.
22        On  a  school day when school children are present and so
23    close thereto that a potential hazard exists because  of  the
24    close  proximity  of  the  motorized traffic, no person shall
25    drive a motor vehicle at a speed in excess of  20  miles  per
26    hour  while passing a school zone or while traveling upon any
27    public thoroughfare where children pass  going  to  and  from
28    school.
29        For  the purpose of this Section a school day shall begin
 
HB3652 Engrossed            -2-                LRB9210141DHcs
 1    at seven ante  meridian  and  shall  conclude  at  four  post
 2    meridian.
 3        This  Section  shall not be applicable unless appropriate
 4    signs are  posted  upon  streets  and  highways  under  their
 5    respective  jurisdiction  and  maintained  by the Department,
 6    township,   county,   park   district,   city,   village   or
 7    incorporated town wherein the school zone  is  located.  With
 8    regard to the special speed limit while passing schools, such
 9    signs  shall  give  proper  due warning that a school zone is
10    being approached and shall indicate the school zone  and  the
11    maximum  speed limit in effect during school days when school
12    children are present.
13        (b)  No  person  shall  operate  a  motor  vehicle  in  a
14    construction or maintenance zone at a speed in excess of  the
15    posted  speed  limit when workers are present and so close to
16    the moving traffic that a potential hazard exists because  of
17    the motorized traffic.
18        (c)  Nothing  in  this  Chapter shall prohibit the use of
19    electronic speed-detecting devices within 500 feet  of  signs
20    within  a  special  school  speed  zone  or a construction or
21    maintenance zone indicating such zone,  as  defined  in  this
22    Section,  nor shall evidence obtained thereby be inadmissible
23    in any prosecution for speeding  provided  the  use  of  such
24    device shall apply only to the enforcement of the speed limit
25    in  such  special  school  speed  zone  or  a construction or
26    maintenance zone.
27        (d)  For the purpose of this Section, a  construction  or
28    maintenance  zone  is  an  area in which the Department, Toll
29    Highway Authority, or local agency has  determined  that  the
30    preexisting   established   speed  limit  through  a  highway
31    construction  or  maintenance  project  is  greater  than  is
32    reasonable or safe with respect to the conditions expected to
33    exist in the construction or maintenance zone and has  posted
34    a   lower   speed   limit  with  a  highway  construction  or
 
HB3652 Engrossed            -3-                LRB9210141DHcs
 1    maintenance zone special speed limit sign.
 2        Highway construction or maintenance  zone  special  speed
 3    limit  signs shall be of a design approved by the Department.
 4    The signs shall give proper due warning that  a  construction
 5    or  maintenance  zone  is being approached and shall indicate
 6    the maximum speed limit in  effect.   The  signs  shall  also
 7    state  the  amount  of  the minimum fine for a violation when
 8    workers are present.
 9        (e)  A first violation of this Section is a petty offense
10    with  a  minimum  fine  of  $150.   A  second  or  subsequent
11    violation of this Section is a petty offense with  a  minimum
12    fine of $300.
13        (f)  When  a  fine  for  a violation of subsection (a) is
14    $150 or greater, the person who violates subsection (a) shall
15    be charged an additional $50 to be paid to  the  unit  school
16    district  where  the  violation  occurred  for  school safety
17    purposes.   If  the  violation  occurred  in  a  dual  school
18    district,  $25  of  the  surcharge  shall  be  paid  to   the
19    elementary school district for school safety purposes and $25
20    of  the  surcharge  shall be paid to the high school district
21    for  school  safety  purposes.   Notwithstanding  any   other
22    provision  of  law, the entire $50 surcharge shall be paid to
23    the appropriate school district or districts.
24        For purposes  of  this  subsection  (f),  "school  safety
25    purposes"  includes  the  costs  associated  with school zone
26    safety  education  and  the   purchase,   installation,   and
27    maintenance  of  caution  lights  which are mounted on school
28    speed zone signs.
29        (g)  When a fine for a violation  of  subsection  (b)  is
30    $150 or greater, the person who violates subsection (b) shall
31    be  charged  an  additional $50.   The $50 surcharge shall be
32    deposited into the Transportation  Safety  Highway  Hire-back
33    Fund.
34        (h)  The  Transportation Safety Highway Hire-back Fund is
 
HB3652 Engrossed            -4-                LRB9210141DHcs
 1    created as a special fund in the State treasury.  Subject  to
 2    appropriation  by  the  General  Assembly and approval by the
 3    Secretary, the Secretary  of  Transportation  shall  use  all
 4    moneys in the Transportation Safety Highway Hire-back Fund to
 5    hire  off-duty Department of State Police officers to monitor
 6    construction or maintenance zones.
 7    (Source: P.A. 91-531, eff. 1-1-00; 92-242, eff. 1-1-02.)

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