Public Act 099-0280
 
HB3812 EnrolledLRB099 07729 RJF 27862 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Section 11-605.1 as follows:
 
    (625 ILCS 5/11-605.1)
    Sec. 11-605.1. Special limit while traveling through a 
highway construction or maintenance speed zone.
    (a)  A person may not  operate a motor vehicle in a 
construction or maintenance speed zone at a speed in excess of 
the posted speed limit when workers are present.

    (a-5) A person may not operate a motor vehicle in a 
construction or maintenance speed zone at a speed in excess of 
the posted speed limit when workers are not present. 
    (b)  Nothing in this Chapter prohibits the use of electronic 
speed-detecting devices within 500 feet of signs within a 
construction or maintenance speed zone indicating the zone, as 
defined in this Section, nor shall evidence obtained by use of 
those devices be inadmissible in any prosecution for speeding, 
provided the use of the device shall apply only to the 
enforcement of the speed limit in the construction or 
maintenance speed zone.

    (c)  As used in this Section, a "construction or maintenance 
speed zone" is an area in which the Department, Toll Highway 
Authority, or local agency has posted signage advising drivers 
that a construction or maintenance speed zone is being 
approached, or in which the Department, Authority, or local 
agency has posted a lower speed limit with a highway 
construction or maintenance speed zone special speed limit sign 
after determining that the preexisting established speed limit 
through a highway construction or maintenance project is 
greater than is reasonable or safe with respect to the 
conditions expected to exist in the construction or maintenance 
speed zone.
    If it is determined that the preexisting established speed 
limit is safe with respect to the conditions expected to exist 
in the construction or maintenance speed zone, additional speed 
limit signs which conform to the requirements of this 
subsection (c) shall be posted.
    Highway construction or maintenance speed zone special 
speed limit signs shall be of a design approved by the 
Department.  The signs must give proper due warning that a 
construction or maintenance speed zone is being approached and 
must indicate the maximum speed limit in effect.  The signs also 
must state the amount of the minimum fine for a violation.
 
    (d)  A first violation of this Section is a petty offense 
with a minimum fine of $250.  A second or subsequent violation 
of this Section is a petty offense with a minimum fine of $750.
    (e) If a fine for a violation of this Section is $250 or 
greater, the person who violated this Section shall be charged 
an additional $125, which shall be deposited into the 
Transportation Safety Highway Hire-back Fund in the State 
treasury, unless (i) the violation occurred on a highway other 
than an interstate highway and (ii) a county police officer 
wrote the ticket for the violation, in which case the $125 
shall be deposited into that county's Transportation Safety 
Highway Hire-back Fund.  In the case of a  second or subsequent 
violation of this Section, if the fine is $750 or greater, the 
person who violated this Section shall be charged an additional 
$250, which shall be deposited into the Transportation Safety 
Highway Hire-back Fund in the State treasury, unless (i) the 
violation occurred on a highway other than an interstate 
highway and (ii) a county police officer wrote the ticket for 
the violation, in which case the $250 shall be deposited into 
that county's Transportation Safety Highway Hire-back Fund.

    (e-5) The Department of State Police and the local county 
police department have concurrent jurisdiction over any 
violation of this Section that occurs on an interstate highway.

    (f)  The Transportation Safety Highway Hire-back Fund, 
which was  created by Public Act 92-619, shall continue to be  a 
special fund in the State treasury.  Subject to appropriation by 
the General Assembly and approval by the Secretary, the 
Secretary of Transportation shall use all moneys in the 
Transportation Safety Highway Hire-back Fund to hire off-duty 
Department of State Police officers to monitor construction or 
maintenance zones.
    (f-5) Each county  shall create a Transportation Safety 
Highway Hire-back Fund. The county shall use the all moneys in 
its Transportation Safety Highway Hire-back Fund to hire 
off-duty county police officers to monitor construction or 
maintenance zones in that county on highways other than 
interstate highways.
The county, in its discretion, may also 
use a portion of the moneys in its Transportation Safety 
Highway Hire-back Fund to purchase equipment for county law 
enforcement and fund the production of materials to educate 
drivers on construction zone safe driving habits. 
    (g)  For a second or subsequent violation of this Section 
within 2 years of the date of the previous violation, the 
Secretary of State shall suspend the driver's license of the 
violator for a period of 90 days.
This suspension shall only be

imposed if the current violation of this Section and at least 
one prior violation of this Section
occurred during a period 
when workers were present in the
construction or maintenance 
zone. 

(Source: P.A. 97-830, eff. 1-1-13; 98-337, eff. 1-1-14.)
 
 
    Section 99. Effective date. This Act takes effect January 
1, 2016.