Public Act 102-0060
 
HB0365 EnrolledLRB102 10016 HEP 15336 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Roadside Memorial Act is amended  by 
changing Sections 5, 20, and 23.1 as follows:
 
    (605 ILCS 125/5)

    Sec. 5. Purpose of the Roadside Memorial program. The 
Roadside Memorial program is intended to raise public 
awareness of traffic fatalities impaired driving by 
emphasizing the dangers while affording families an 
opportunity to remember the victims of traffic crashes 
involving impaired drivers. 

(Source: P.A. 95-398, eff. 1-1-08.)
 
    (605 ILCS 125/20)

    Sec. 20. DUI memorial markers. 
    (a) A DUI memorial marker erected before July 1, 2021 
shall consist of a white on blue panel bearing the message 
"Please Don't Drink and Drive". A DUI memorial marker erected

on or after July 1, 2021 shall consist of a white on blue panel

bearing the message "Don't Drive Under the Influence".  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. This

amendatory Act of the 102nd General Assembly does not require

the removal or replacement of any memorial markers erected

before July 1, 2021.  
    (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 paid in whole or in part from the Roadside 
Memorial Fund if moneys are made available by the Department 
of Transportation from that Fund or may be charged to the 
qualified relative to the extent moneys from that Fund are not 
made available. The fee shall not exceed the costs associated 
with the fabrication, installation, and maintenance of the DUI 
memorial marker.

(Source: P.A. 95-398, eff. 1-1-08; 96-667, eff. 8-25-09.)
 
    (605 ILCS 125/23.1)
    Sec. 23.1. Fatal accident memorial marker program.
    (a) The fatal accident memorial marker program is intended 
to raise public awareness of traffic fatalities caused by 
reckless driving or other means by emphasizing the dangers 
while affording families an opportunity to remember the 
victims of traffic crashes involving reckless drivers.
    (b) As used in this Section, "fatal accident 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 who committed an act of 
reckless homicide in violation of Section 9-3 or 9-3.2 of the 
Criminal Code of 1961 or the Criminal Code of 2012 or who 
otherwise caused the death of one or more persons through the 
operation of a motor vehicle. 
    (c) For purposes of the fatal accident memorial marker 
program in this Section, the provisions of Section 15 of this 
Act applicable to DUI memorial markers shall apply the same to 
fatal accident memorial markers. 
    (d) A fatal accident memorial marker shall consist of a 
white on blue panel bearing the message "Reckless Driving 
Costs Lives" if the victim or victims died as a proximate 
result of a crash caused by a driver who committed an act of 
reckless homicide in violation of Section 9-3 or 9-3.2 of the 
Criminal Code of 1961 or the Criminal Code of 2012. Otherwise, 
a fatal accident memorial marker shall consist of a white on 
blue panel bearing the message "Drive With Care". 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.
    (e) A fatal accident memorial marker may memorialize more 
than one victim who died as a result of the same crash. If one 
or more additional deaths subsequently occur in close 
proximity to an existing fatal accident 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.
    (f) A fatal accident memorial marker shall be maintained 
for at least 2 years from the date the last person was 
memorialized on the marker.
    (g) 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 these 
cases, the sponsoring jurisdiction may select an alternate 
location.
    (h) The Department shall secure the consent of any 
municipality before placing a fatal accident memorial marker 
within the corporate limits of the municipality.
    (i) A fee in an amount to be determined by the supporting 
jurisdiction shall be charged to the qualified relative. The 
fee shall not exceed the costs associated with the 
fabrication, installation, and maintenance of the fatal 
accident memorial marker.
    (j) The provisions of this Section shall apply to any 
fatal accident marker constructed on or after January 1, 2013. 

(Source: P.A. 98-334, eff. 8-13-13.)
 
    Section 10. The DUI Prevention and Education Commission 
Act is amended  by changing Section 20 as follows:
 
    (625 ILCS 70/20)

    Sec. 20. DUI Prevention and Education Fund; transfer of 
funds. 
    (a) The DUI Prevention and Education Fund is created as a 
special fund in the State treasury. Subject to appropriation, 
all moneys in the DUI Prevention and Education Fund shall be 
distributed by the Department of Transportation with guidance 
from the DUI Prevention and Education Commission as grants for 
crash victim programs and materials, impaired driving 
prevention programs, law enforcement support, and other 
DUI-related programs.
    (b) As soon as practical after the effective date of this 
Act, the State Comptroller shall direct and the State 
Treasurer shall transfer any remaining balance in excess of 
$30,000 from the Roadside Memorial Fund to the DUI Prevention 
and Education Fund. Starting in 2021 and continuing every year

after, the cash balance in the Roadside Memorial Fund on June

30 shall be transferred to the DUI Prevention and Education 
Fund as soon as practical. 

(Source: P.A. 101-196, eff. 1-1-20.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.