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| Public Act 095-0398 |
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AN ACT concerning roadside markers, which may be referred | ||||
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 | ||||
Roadside Memorial Act. | ||||
Section 5. Purpose of the Roadside Memorial program. The | ||||
Roadside Memorial program is intended to raise public awareness | ||||
of impaired driving by emphasizing the dangers while affording | ||||
families an opportunity to remember the victims of crashes | ||||
involving impaired drivers. | ||||
Section 10. Definitions. As used in this Act: | ||||
"Department" means the Department of Transportation. | ||||
"DUI memorial marker" means a marker on a highway in this | ||||
State commemorating one or more persons who died as a proximate | ||||
result of a crash caused by a driver under the influence of | ||||
alcohol, other drug or drugs, intoxicating compound or | ||||
compounds, or any combination thereof. | ||||
"Qualified relative" means: an immediate relative of the | ||||
deceased, by marriage, blood, or adoption, such as his or her | ||||
spouse, son, daughter, mother, father, sister, or brother; a | ||||
stepmother, stepfather, stepbrother, or stepsister of the | ||||
deceased; or a person with whom the deceased was in a domestic | ||
partnership or civil union as recognized by a State or local | ||
law or ordinance. | ||
"Supporting jurisdiction" means the Department or any | ||
municipality, township, or county that establishes a Roadside | ||
Memorial program within its jurisdictional area. | ||
Section 15. Participation in the Roadside Memorial | ||
program. | ||
(a) A qualified relative of a victim may make a request for | ||
the installation of a memorial marker in a supporting | ||
jurisdiction using an application developed by the supporting | ||
jurisdiction. The supporting jurisdiction shall have sole | ||
responsibility for determining whether a request for a DUI | ||
memorial marker is rejected or accepted. | ||
(b) An application for a DUI memorial marker may be | ||
submitted by a qualified relative with regard to any crash that | ||
occurred on or after January 1, 2003. | ||
(c) If there is any opposition to the placement of a DUI | ||
memorial marker by any qualified relative of any decedent | ||
involved in the crash, the supporting jurisdiction shall deny | ||
the request. | ||
(d) The supporting jurisdiction shall deny the request or, | ||
if a DUI memorial marker has already been installed, may remove | ||
the marker, if the qualified relative has provided false or | ||
misleading information in the application. | ||
(e) The qualified relative shall agree not to place or | ||
encourage the placement of flowers, pictures, or other items at | ||
the crash site. | ||
(f) A DUI memorial marker shall not be erected for a | ||
deceased driver involved in a fatal crash who is shown by | ||
toxicology reports to have been in violation of State DUI law, | ||
unless the next of kin of any other victim or victims killed in | ||
the crash consent in writing to the erection of the memorial | ||
marker. | ||
Section 20. DUI memorial markers. | ||
(a) A DUI memorial marker shall consist of a white on blue | ||
panel bearing the message "Please Don't Drink and Drive". At | ||
the request of the qualified relative, a separate panel bearing | ||
the words "In Memory of (victim's name)", followed by the date | ||
of the crash that was the proximate cause of the loss of the | ||
victim's life, shall be mounted below the primary panel. | ||
(b) A DUI memorial marker may memorialize more than one | ||
victim who died as a result of the same DUI-related crash. If | ||
one or more additional DUI crash deaths subsequently occur in | ||
close proximity to an existing DUI memorial marker, the | ||
supporting jurisdiction may use the same marker to memorialize | ||
the subsequent death or deaths, by adding the names of the | ||
additional persons. | ||
(c) A DUI memorial marker shall be maintained for at least | ||
2 years from the date the last person was memorialized on the | ||
marker. | ||
(d) The supporting jurisdiction has the right to install a | ||
marker at a location other than the location of the crash or to | ||
relocate a marker due to restricted room, property owner | ||
complaints, interference with essential traffic control | ||
devices, safety concerns, or other restrictions. In such cases, | ||
the sponsoring jurisdiction may select an alternate location. | ||
(e) The Department shall secure the consent of any | ||
municipality before placing a DUI memorial marker within the | ||
corporate limits of the municipality. | ||
(f) A fee in an amount to be determined by the supporting | ||
jurisdiction may be charged to the qualified relative. The fee | ||
shall not exceed the costs associated with the fabrication, | ||
installation, and maintenance of the DUI memorial marker. | ||
Section 25. Rules. The Department shall adopt rules | ||
regarding implementation of this Act. These rules shall be | ||
consistent with this Act and with federal regulations.
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Section 99. Effective date. This Act takes effect January | ||
1, 2008.
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