HB1900 95TH GENERAL ASSEMBLY

LRB095 09739 DRH 29945 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1900

Introduced 2/23/2007, by Rep. Susana A Mendoza

SYNOPSIS AS INTRODUCED:

605 ILCS 5/4-105 new

Amends the Illinois Highway Code. Provides that the Department of Transportation shall, upon application, erect and maintain roadside markers to identify the locations where persons were killed in accidents involving drunken drivers. Establishes requirements for the application for placement of the markers and for the markers themselves. Provides that, if the new provision conflicts with federal law, the markers shall not be erected or maintained. Provides that the Department shall prepare an evaluation of the program authorized by the new provision and shall report its findings to the General Assembly by January 1, 2008. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Highway Code is amended by adding Section 4-105 as follows:

(605 ILCS 5/4-105 new)

Sec. 4-105. Roadside markers commemorating DUI fatalities.

(a) As used in this Section, unless the context otherwise requires:

(1) "Department" means the Department of Transportation.

(2) "Erect" means to construct or allow to be constructed.

(3) "State highway" means any road in the State highway system, as defined in Section 2-101 of this Code.

(4) "Maintain" means to preserve, keep in repair, or replace a roadside memorial.

(5) "DUI memorial sign" means a sign on a State highway to commemorate one or more deceased persons who died as a proximate result of a crash caused by a driver or drivers under the influence of alcohol or other intoxicating substances who have pleaded or been found guilty of reckless driving pursuant to Section 11-501 of the Illinois Vehicle Code and Section 9-3 of the Criminal Code of 1961.

(6) "Next of kin" means an immediate blood relative of the deceased (such as a mother, father, sister, or brother); an immediate family member who was adopted into the deceased's family (such as a son, daughter, or sibling); a stepmother, stepfather, stepbrother, or stepsister of the deceased; the spouse of the deceased; or a person with whom the deceased was in a domestic partnership or civil union, as recognized by State or local law or ordinance.

(b) The Department shall promptly erect and maintain a DUI memorial sign requested on State highways in accordance with this Section. The Department shall be exclusively responsible for the type, location, and design of the DUI memorial sign.

(c) DUI memorial signs shall read as follows: "Please don't drink and drive," followed by: "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. Furthermore, DUI memorial signs shall not exceed 3 feet in height above the ground, 2 feet in width, and 6 inches in thickness. DUI memorial signs shall be constructed of a durable material and shall not contain any moving or electronic parts. DUI memorial signs shall be located within the highway or road easement as far from the roadway as is practicable or reasonably necessary to preserve public safety and facilitate highway and road maintenance, given the proposed location. DUI memorial signs may contain the name of the person memorialized, the date of that person's death, and other relevant information. DUI memorial signs may memorialize more than one victim who died as a result of the same DUI-related crash or crashes. In the event of one or more additional unrelated alcohol-related deaths within 30 feet of an existing DUI memorial sign, the same sign may be used and the names of the additional persons may be added to it. DUI memorial signs shall be erected and maintained for at least 2 years from the time the last person was memorialized on the sign.

(d) An application for a DUI memorial sign on a State highway shall be made on a form provided by the Department and shall be signed by the deceased's next of kin. The deceased's next of kin shall contact Mothers Against Drunk Driving or the Alliance Against Intoxicated Motorists to obtain a copy of the application and for assistance in the application process. The State application shall include:

(1) the name and address of the next of kin applicant;

(2) the name of the individual memorialized and the State highway where that individual lost his or her life;

(3) the date of the crash that was a proximate cause of the death of the individual memorialized;

(4) a copy of the police report from the crash evidencing that there was probable cause for an alcohol- or drug-related arrest; or a certified copy of the guilty plea, verdict, or finding made by a judge in the DUI court case against the person who engaged in the driving under the influence that resulted in the loss of the decedent's life, pursuant to Section 11-501 of the Illinois Vehicle Code and Section 9-3 of the Criminal Code of 1961; or other reliable evidence that a drug- or alcohol-impaired driver was a contributing cause of the death; and

(5) a fee to be determined by the Department for State highway, except that the fee shall not exceed the direct and indirect expenses associated with erecting and maintaining the DUI memorial sign.

(e) The Department shall deny an application for a DUI memorial sign if the proposed location of the memorial would result in a potential safety hazard or maintenance impediment. The Department may remove any memorial on a highway that does not comply with this Section. The Department may deny or revoke a permit for false or misleading information given in the application for a DUI memorial sign under this Section.

(f) If there is any opposition to the placement of the memorial sign by any next of kin to the deceased, no DUI memorial sign shall be under this Section.

(g) The Department shall adopt program guidelines for the application for and placement of DUI memorial signs authorized by this Section, including, but not limited to, the DUI memorial sign application and qualification process, the procedure for the dedication of DUI memorial signs, and procedures for the replacement or restoration of any DUI memorial signs that are damaged or broken.

(h) Notwithstanding any provision of this Section to the contrary, if any provision of this Section conflicts with federal law, the Department shall not erect or maintain DUI memorial signs under this Section.

(i) The Department shall prepare an evaluation of the program authorized by this Section and shall report its findings and any related recommendations to the General Assembly by January 1, 2008.

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