98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2900

 

Introduced 2/4/2014, by Sen. Dan Duffy

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-605.1

    Amends the Illinois Vehicle Code. Requires construction or maintenance zone speed limit signs to be equipped with flashing yellow lights that are in operation while workers are present in the construction or maintenance zone. Provides that special speed limits for construction and maintenance zones shall only be in effect when workers are present and flashing yellow lights indicating the presence of workers are in operation.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 11-605.1 as follows:
 
6    (625 ILCS 5/11-605.1)
7    Sec. 11-605.1. Special limit while traveling through a
8highway construction or maintenance speed zone.
9    (a) A person may not operate a motor vehicle in a
10construction or maintenance speed zone at a speed in excess of
11the posted speed limit when workers are present and flashing
12yellow lights are in operation.
13    (a-5) (Blank) A person may not operate a motor vehicle in a
14construction or maintenance speed zone at a speed in excess of
15the posted speed limit when workers are not present.
16    (b) Nothing in this Chapter prohibits the use of electronic
17speed-detecting devices within 500 feet of signs within a
18construction or maintenance speed zone indicating the zone, as
19defined in this Section, nor shall evidence obtained by use of
20those devices be inadmissible in any prosecution for speeding,
21provided the use of the device shall apply only to the
22enforcement of the speed limit in the construction or
23maintenance speed zone.

 

 

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1    (c) As used in this Section, a "construction or maintenance
2speed zone" is an area in which the Department, Toll Highway
3Authority, or local agency has posted signage advising drivers
4that a construction or maintenance speed zone is being
5approached, or in which the Department, Authority, or local
6agency has posted a lower speed limit with a highway
7construction or maintenance speed zone special speed limit sign
8after determining that the preexisting established speed limit
9through a highway construction or maintenance project is
10greater than is reasonable or safe with respect to the
11conditions expected to exist in the construction or maintenance
12speed zone.
13    If it is determined that the preexisting established speed
14limit is safe with respect to the conditions expected to exist
15in the construction or maintenance speed zone, additional speed
16limit signs which conform to the requirements of this
17subsection (c) shall be posted.
18    Highway construction or maintenance speed zone special
19speed limit signs shall be of a design approved by the
20Department. The signs must give proper due warning that a
21construction or maintenance speed zone is being approached and
22must indicate the maximum speed limit in effect. These signs
23shall be affixed with flashing yellow lights that are in
24operation while workers are present in the construction or
25maintenance speed zone. The signs also must state the amount of
26the minimum fine for a violation.

 

 

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1    (d) A first violation of this Section is a petty offense
2with a minimum fine of $250. A second or subsequent violation
3of this Section is a petty offense with a minimum fine of $750.
4    (e) If a fine for a violation of this Section is $250 or
5greater, the person who violated this Section shall be charged
6an additional $125, which shall be deposited into the
7Transportation Safety Highway Hire-back Fund in the State
8treasury, unless (i) the violation occurred on a highway other
9than an interstate highway and (ii) a county police officer
10wrote the ticket for the violation, in which case the $125
11shall be deposited into that county's Transportation Safety
12Highway Hire-back Fund. In the case of a second or subsequent
13violation of this Section, if the fine is $750 or greater, the
14person who violated this Section shall be charged an additional
15$250, which shall be deposited into the Transportation Safety
16Highway Hire-back Fund in the State treasury, unless (i) the
17violation occurred on a highway other than an interstate
18highway and (ii) a county police officer wrote the ticket for
19the violation, in which case the $250 shall be deposited into
20that county's Transportation Safety Highway Hire-back Fund.
21    (e-5) The Department of State Police and the local county
22police department have concurrent jurisdiction over any
23violation of this Section that occurs on an interstate highway.
24    (f) The Transportation Safety Highway Hire-back Fund,
25which was created by Public Act 92-619, shall continue to be a
26special fund in the State treasury. Subject to appropriation by

 

 

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1the General Assembly and approval by the Secretary, the
2Secretary of Transportation shall use all moneys in the
3Transportation Safety Highway Hire-back Fund to hire off-duty
4Department of State Police officers to monitor construction or
5maintenance zones.
6    (f-5) Each county shall create a Transportation Safety
7Highway Hire-back Fund. The county shall use all moneys in its
8Transportation Safety Highway Hire-back Fund to hire off-duty
9county police officers to monitor construction or maintenance
10zones in that county on highways other than interstate
11highways.
12    (g) For a second or subsequent violation of this Section
13within 2 years of the date of the previous violation, the
14Secretary of State shall suspend the driver's license of the
15violator for a period of 90 days. This suspension shall only be
16imposed if the current violation of this Section and at least
17one prior violation of this Section occurred during a period
18when workers were present in the construction or maintenance
19zone.
20(Source: P.A. 97-830, eff. 1-1-13; 98-337, eff. 1-1-14.)