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| 1 | AN ACT concerning roadside markers, which may be referred | ||||||
| 2 | to as Tina's Law.
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| 3 | Be it enacted by the People of the State of Illinois,
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| 4 | represented in the General Assembly:
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| 5 | 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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| 1 | 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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| 1 | (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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| 1 | 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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| 18 | Section 99. Effective date. This Act takes effect January | ||||||
| 19 | 1, 2008.
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